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HomeMy WebLinkAboutMAY 25, 2010 AGENDACITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR WlLL/AM D. SESSOMS, JR., AbLarge V/CE MAYOR LOU/S R. JONES. Bayside -District a R/TA SWEET BELL/TTO, At-Large ~ GLENN R. DAMS, Rose Hall -District 3 W/LL/AM R. DeS7EPH, At-Large HARRY E. DIEZEL , Kempsville -District 2 ROBERT M. DYER, Centerville -District 1 BARBARA M HENLEY, Princess Anne -District 7 /OHN E. UHR/N, Beach - Disstricr 6 ROSEMARY WILSON, At-Large ./AMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL APPOINTEES CITY MANAGER ./AMES K. SPORE CITY ATTORNEY -MARK D. ST/LES CITY ASSESSOR JERALD BANAGAN CITY AUDITOR - LYNDON S. REMIAS C/TY CLERK -RUTH HODGES FRASER, MMC CITY COUNCIL AGENDA 25 MAY 2010 I. CITY MANAGER'S BRIEFING: -Conference Room - A. INTERIM FINANCIAL STATEMENT Patricia Phillips, Director -Finance Department II II. CITY COUNCIL COMMENTS II III. CITY COUNCIL AGENDA REVIEW II IV. INFORMAL SESSION -Conference Room - A. CALL TO ORDER -Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL CITY HALL BUILDI/~'G 2401 COURTHOUSE DRI6'E VIRGINIA BEACH, Y/RG/N/A 23456-8005 PHONE: (757) 385-4303 FAX (757) 385-5669 E-MA/L: Ctycncl@vbgov.com 4:00 PM 4:30 PM C. RECESS TO CLOSED SESSION ~~ V. FORMAL SESS:[ON -City Council Chamber - 6:00 PM A. CALL T'O ORDER -Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Clark Dennis Cundiff Pastor, Nimmo United Methodist Church C. PLEDGE; OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA The National Anthem Solo: Little Miss Alana Springsteen D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTII~'ICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS G. FORMAL SESSION AGENDA H. MAYOF~'S PRESENTATIONS 1. RESOLUTIONS OF RECOGNITION a. Green Run High School "Inspiration Award" b, Gloria Winkler, MMC, Senior Deputy City Clerk I. PUBLIC' BID OPENING 1. AWARD LICENSE WESTIN TOWER at Town Center J. PUBLIC' HEARINGS 1. ITJSTALLMENT PURCHASE AGREEMENTS Acquisition of Agricultural Land Preservation (ARP) Easements 756 and 772 Princess Anne Road May 11, 2010 2. LEASE OF CITY-OWNED PROPERTY a. 3`d Street and Atlantic Avenue b. T-Mobile Northeast, LLC - 616 North Great Neck Road 3. SALE OF EXCESS PROPERTY 2278 Wolf Street 4. PPEA PROPOSAL Adoption Friendly Animal Shelter K. CONSENT AGENDA L. ORDINANCES/RESOLUTIONS Ordinance to AMEND Section 5-401 of the City Code re fees for the impoundment, spaying or neutering of animals 2. Resolutions re Water and Sewer Bonds: a. AUTHORIZE Refunding Bonds, Series of 2010, not to exceed $125-million b. Ninth Supplemental Master Water and Sewer Revenue Bond Resolution of February 11, 1992 3. Ordinance to DECLARE City property EXCESS at 280 London Bridge Road and AUTHORIZE the City Manager to sell the property to Robert F. Sutherland 4. Ordinance to ESTABLISH the rights-of--way of Princess Anne Road between Oakmears Crescent and Hampshire Lane, Witchduck Road and Kempsville Road between Bonney Road and Chief Trail as underground utility corridors and AUTHORIZE the Director of Public Works to execute Agreements for reimbursement of costs with the Virginia Department of Transportation (VDOT) and the utility owners 5. Ordinances to AUTHORIZE acquisition of Agricultural Land Preservation (ARP) easements to Whale Wallow, L.C.: a. 772 Princess Anne Road $1,617,805 b. 756 Princess Anne Road $1,290,666 6. Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease for vehicular parking with the Dolphin Run Condominium Association, Inc. at 3`d Street and Atlantic Avenue 7. Ordinance to AUTHORIZE and DIRECT the City Manager to EXECUTE a Lease with T-Mobile re telecommunications facilities at 616 North Great Neck Road 8. Ordinance to AUTHORIZE and DIRECT the City Manager to EXECUTE a Virginia Water and Wastewater Agency Response Network Mutual Aid Agreement 9. Ordinance to AUTHORIZE temporary encroachments into a portion of City-owned might-of--way for EDWARD F. and CHRISTEL L. LEWIS at Croatan Beach, 522 South ~~tlantic Avenue, to construct and maintain an elevated wood walk, steps and observation platform for beach access DISTRICT 6 -BEACH 10. Ordinance to APPROPRIATE $200,000 from the U.S. Department of Homeland ~iecurity, Federal Emergency Management Agency (FEMA), to the FY2009-10 Operating Budget of the Fire Department re deployment of VA-TF2 Tram for Haiti Earthquake 11. Ordinance to ACCEPT and APPROPRIATE $200,000 grant funds from the U.S. Department of Energy, with Federal revenues increased accordingly, to the FY2009-10 Operating Budget of the Planning Department re development of an energy assurance program 12. Ordinance to APPROPRIATE $90,000 from the Fund Balance of the Sheriffs Department Inmate Services to the FY2009-10 Operating Budget of the Sheriff s Department to support medical deputy positions 13. Ordinance to APPROPRIATE $1,266,587 of the fund balance and TRANSFER to the E~gricultural Reserve Program (ARP) Special Revenue Fund to cover the costs for the I~urchase of various agricultural land preservation easements 14. Ordinance to TRANSFER $265,210 from the General Fund Reserve for Contingencies t~~ the FY2009-10 Operating Budget of the Sheriffs Department re State imposed furlough and absorbing benefits 15. Ordinance to TRANSFER $52,135 from the Fire Department's Operating Budget re the f~urchase of replacement defibrillators M. PLANNING 1. ~~pplications of BREATHWAITE PLACE at 732-746 Newtown Road and 5573 Rock Creek Lane re townhouse dwellings FSAYSIDE -DISTRICT 4 a. Street Closure re proposed multi-family project ~~. Change of Zoning from R-7.5 Residential District to Conditional A-24 Apartment District F:ECOMMENDATION APPROVAL 2. ~~pplication of JACQUELINE B. AMATO to enlarge a Nonconforming Structure at 5306 Atlantic Avenue. L,YNNHAVEN -DISTRICT 5 F;ECOMMENDATION APPROVAL Application of CHESAPEAKE ATLANTIC, LLC for Modification of Conditional Change of Zoning (approved by City Council on October 24, 2006) at 173 and 177 South Birdneck Road and 1228 Jenson Drive. BEACH -DISTRICT 6 RECOMMENDATION REFER BACK TO PLANNING COMMISSION 4. Application of GRACE BIBLE CHURCH for Modification of Conditions 1 and 2 (approved by City Council on Apri124, 2007) at Ansol Lane ROSE HALL -DISTRICT 3 RECOMMENDATION APPROVAL Application of HARVEST OUTREACH MINISTRIES, INC. for Modification of Conditions 1 and 2 (approved by City Council on March 25, 2008) at 3168 Indian River Road. PRINCESS ANNE -DISTRICT 7 RECOMMENDATION APPROVAL 6. Application of VIRGINIA BEACH UNITED METHODIST CHURCH for a Conditional Use Permit re expansion of the church for religious uses at 212 19th Street. BEACH -DISTRICT 6 RECOMMENDATION APPROVAL 7. Application of T-MOBILE NORTH EAST, L.L.C./EDISON LANE STORAGE ASSOC., LLC, for a Conditional Use Permit re a communication tower at 1744 General Booth Boulevard. PRINCESS ANNE -DISTRICT 7 RECOMMENDATION APPROVAL 8. Application of the CITY OF VIRGINIA BEACH for a Conditional Use Permit re outdoor artists market (flea market) at Parks Avenue and 19th Street BEACH -DISTRICT 6 RECOMMENDATION APPROVAL 9. Ordinances to AMEND the City Zoning Ordinance (CZO): a. Sections 111, 215, and 216 to ADD Section 218 defining electronic display billboards and ESTABLISH a fee in the amount of Four Hundred Dollars ($400.00) for electronic display billboard applicataions as authorized by Virginia Code Section 15.2-2286 (A)(6) b. Section 501 to allow cemeteries, columbariums, crematoriums and mausoleums as Conditional Uses in the R-20, R-30 and R-40 Residential Zoning Districts RECOMMENDATION APPROVAL N. APPOINTMENTS BEACHES and WATERWAYS COMMISSION SOCIAL, SERVICES BOARD TIDEWATER TRANSPORTATION DISTRICT COMMISSION OF HAMPTON ROADS TIDEW,~TER YOUTH SERVICES COMMISSION O. UNFINISHED BUSINESS P. NEW BUSINESS Q. ADJOURNMENT ~******* If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 Agenda OS/25/2010gw www.vbgov.com I. CITY MANAGER'S BRIEFING: -Conference Room - 4:00 PM A. INTERIM FINANCIAL STATEMENT Patricia Phillips, Director -Finance Department II. CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW IV. INFORMAL SESSION -Conference Room - 4:30 PM A. CALL TO ORDER -Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION V. FORMAL SESSION -City Council Chamber - 6:00 PM A. CALL TO ORDER -Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Clark Dennis Cundiff Pastor, Nimmo United Methodist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA The National Anthem Solo: Little Miss Alana Springsteen D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS May 11, 2010 G. FORMAL SESSION AGENDA ~R~~nl~#inn 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. H. MAYOR'S PRESENTATIONS RESOLUTIONS OF RECOGNITION a. Green Run High School "Inspiration Award" b. Gloria Winkler, MMC, Senior Deputy City Clerk i~P,~II~lt1ti11t 1~AS, Each Spring the College hoard presents the Inspiration Award to three of America's most improved secondary schools, that are recognized for their outstandng coQege- preparation programs and partnerships among teachers, parents and community organizations; `WXE~EA,S, 7(iu year Green 4~cn 7figh School has been selected as a recipient of the Inspiration Award that includes a cash prize of $25,000 to help further their goal of helping economically challengedstudents attendcollege; `GV1frE~EAS, Green ~n 7fig(t SchooC has deep decluated to improving its academic environment and helping a significant percentage of Seniors realize the promise of a higher education 6y increasing the number of minority students taking Advanced placement and other advanced level courses; and, `G1~E1~A.S, 2Tie academic rigor of students enrolled in advanced classes, the Advanced via Individual Determination c1?rogram (AVlln), the mentoring, tutoring and remediation programs that have been implemented to support minority students and recognize achievement were major factors in Green ~tn.~figh School's selection. NO`W, ~KE~EFOt~ BE I72~,SOL4~EtD : fiat the City Council of the City of Virginia rgeach commends and congratulates the tPrincipa~ leachers, Staff, parents and'Students of ljreen stn 9(~gh SchooC on receiving the Inspiration A4vard and for their deduction and commitment to higher education for students facing economic, social ancf cultural6amers. Given under our hands this 2St~ day of 9Kay 2010. CounciCLady 4Z,ita Sweet Belf:'tto CounciCman `William ~; (Bi!!"rDejtepFi CounciCman ~6en 96f. ~do6"Dyer vice Mayor Louis ~: hones CourraCGady rljgsemary'WlCson Councilman y`Cenn ~; Davis CounciCman.7Carry DrezeC CouncilLady Bar6ara.9fenCey Councilman,~o(rn rE. 4Jkrin CounciCman 7ametG. `Wood :4[ayor `GViITwm D. "`Will" Setsoms, ~>: ~Rrsnlu#inn `W}[E~EAS, CCoria S. 4NinkCer has been empCoyed 6y the City of'Vrrginia Beach in the City Clesks Office since ~uCy 2001. During that time she has deep an exemplary empCoyee tackC:ng the myriad of duties associated with the office in an efficient andeffective manner, `W1CtE~EAS Cforia is a memher of the Internationaflnstitute of 9KunicipaCClerks (II~1C) and the Virginia MunicipaCClerk'sAssociation (`N~2CA~ `W1fE4~EAS, the City Cler(,II9KC, and `N~VtCA recogni.,e the importance of continuing education to the deveCopment andenhancement of professionaCClerks. Annuaay, the OCd~Dominion university Department of Continuing Education, sponsored 6y IIMC in cooperation with `V~fCA, holds an Institute andAcademy in Virginia Beach to provide education crept to Clerks from across the CommonweaCth and neighboring states. 7Ciese are rigorous college lcveCcourses that require hardworkanddedication to complete. ~Ihe Clerkmust prepare a Comprehension Component to attest to the educationaCvalue, how the student perceived the class andhow they wiCCput into'practice what has been learned arid, `W.XtE~AS, CCoria received her designation as a CertifiedMunieipaCClerkin March 2000. She continued to take advancedcourses andreceivedher9Vlaster~VfunicipalClerksdesignation in 9Kay 2009. NO`W, 2'KE2j;E~'O~, BE I72~SOL`[~ErD : 'That the City CounciCof the City of `Virginia Beach commends y'Coria S. `WinkGn; Senwr~Deputy City Clerk, for her efforts in furthering her professionaCeducation andcongratulates heron achieving the highest statusgiven 6y the Interrrationaflnstitute of 9KunicipaCClerks, the Master Municipal Clerk. Given under our hands this 25~ day of May 2010. CounctCtady ~'ta Sweet BefCitto CounciCman Tenn l~j, Davis CounciCman `WilCiam 4j; Bill" ~DeSteph CounciCman 9jo6ert M. Bob"Dyer 'Vice Mayor Louis ~;,Iones Council Lady rosemary `Wilson Councilman 7farry ~DiezeC Council Lady Bar6ara7ferrCey Councilman7ohn ~E. 'Uhrin Councilrnan7amesL. `Wood Mayor'Wilfu:m ~D. "'Gt/iQ"Sessoms, fir. I. PUBLIC BID OPENING 1. AWARD LICENSE WESTIN TOWER at Town Center J. PUBLIC HEARINGS 1. INSTALLMENT PURCHASE AGREEMENTS Acquisition of Agricultural Land Preservation (ARP) Easements 756 and 772 Princess Anne Road 2. LEASE OF CITY-OWNED PROPERTY a. 3`d Street and Atlantic Avenue b. T-Mobile Northeast, LLC - 616 North Great Neck Road 3. SALE OF EXCESS PROPERTY 2278 Wolf Street 4. PPEA PROPOSAL Adoption Friendly Animal Shelter Public Notice Notice is hereby given that bids shall be received for a license of a portion of City property located at 4535 Commerce Street underneath the spire on top of the Westin Tower at Town Center, in the Lynnhaven District, for the purpose of constructing, maintaining and operating radio telecommunications facilities, including but not limited to antennas, transmitters, connecting cables and associated equipment. Bids shall be received by the Mayor of the City of Virginia Beach at the regular meeting of the City Council, which will be held in the Council Chambers, City Hall Building, Municipal Center, Virginia Beach, Virginia, on May 25, 2010, at 6:00 p.m., and after the receiving and opening of bids, the Council will either proceed with the consideration of the ordinance awarding of the aforesaid license or will defer the matter to a subsequent meeting. All bids must be in writing. The right to reject any and all bids is hereby expressly reserved. A descriptive notice of the ordinance awarding the license is in the following words: AN ORDINANCE TO AWARD A LICENSE OF A PORTION OF THE CITY PROPERTY LOCATED AT 4535 COMMERCE STREET UNDERNEATH THE SPIRE ON TOP OF THE WESTIN TOWER, IN THE LYNNHAVEN DISTRICT, FOR THE PURPOSE OF CONSTRUCTING, MAINTAINING AND OPERATING RADIO TELECOMMUNICATIONS FACILITIES A copy of the proposed ordinance, including the license awarded thereby, is on file and available for inspection during normal business hours in the office of the City Clerk. Ruth Hodges Fraser, MMC City Clerk ,.~~~~ ~:,~~,..s,~.,N Oy° vt $~,"~~ 1 ~f r ., 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 756 and 772 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 $2,908,471. 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 May 25, 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. CITY OF VIRGINIA BEACH, VIRGINIA Ruth Hodges Fraser, MMC City Clerk Beacon May 9 & 16, 2010 21317319 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, May 25, 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 parcel: Approximately 0.09 acres of land located at 3~d Street and Atlantic Avenue (GPIN: 2427-32-0138). If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303; Hearing impaired, call TDD 711 (TDD -Telephone Device for the Deaf). Any questions concerning this matter should be directed to the Department of Management Services -Facilities Management Office (757) 385-5659, Room 228, Buildin 18, at the Virginia Beach Municipal Center. Ruth es Fraser, MMC City Clerk NOTICE OF PUBLIC HEARING -LEASE OF CITY PROPERTY On May 25, 2010, at 6:00 p.m., in the Council Chambers of the City Hall Building, 2401 Courthouse Drive, Virginia Beach, Virginia, the Virginia Beach City Council will hold a public hearing concerning the granting of a proposed lease of a portion of City property located at 616 North Great Neck Road, in the Beach District, to T-Mobile Northeast, LLC. for the purpose of maintaining and operating wireless telecommunications facilities. Any questions concerning this matter should be directed to the City Attorney's Office, 2401 Courthouse Drive, Virginia Beach, Virginia 23456 or by telephone at 757 385- 4531. If you are physically disabled or visually impaired and need assistance at this hearing, please call the City Clerk's Office at 757 385-4303. Ruth Hodges Fraser, MMC City Clerk PUBLIC HEARING SALE OF EXCESS CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on the disposition and sale of excess City property, Tuesday, May 25, 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 property is known as GPIN 1497- 91-4844 adjacent to 2278 Wolf Street. The purpose of this hearing will be to obtain public input to determine whether the property should be declared "Excess of the City's needs". If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 757-385-4303; Hearing impaired, call 711 (Virginia Relay -Telephone Device for the Deaf). Any questions concerning this matter should be directed to the Office of Real Estate, Building #2, Room 392, at the Virginia Beach Municipal Center. The Real Estate Office telephone number is (757)385-4161. ut o ges raser, City Clerk NOTICE OF PUBLIC HEARING PPEA Proposals for Adoption Friendly Animal Shelter On Tuesday, May 25, 20 ] 0 at 6:00 p.m. in the Council Chamber on the second floor of the City Hall building, Municipal Center, Virginia Beach, Virginia, the City Council of the City of Virginia Beach will hold a public hearing on the PPEA proposal for an Adoption Friendly Animal Shelter. All interested persons are welcome to appear at the hearing and present their views the proposed Adoption Friendly Animal Shelter. Individuals desiring to provide written comments may do so by contacting the City Clerk's office at 385- 4303. If you are physically disabled or visually impaired and need assistance at this meeting, please call 385-4303; hearing impaired, call Virginia Relay at 1-800-828-1120. Ruth Hodges Fraser, MMC City Clerk Beacon, Sunday May 16, 2010. L. ORDINANCES/RESOLUTIONS Ordinance to AMEND Section 5-401 of the City Code re fees for the impoundment, spaying or neutering of animals 2. Resolutions re Water and Sewer Bonds: a. AUTHORIZE Refunding Bonds, Series of 2010, not to exceed $125-million b. Ninth Supplemental Master Water and Sewer Revenue Bond Resolution of February 11, 1992 Ordinance to DECLARE City property EXCESS at 280 London Bridge Road and AUTHORIZE the City Manager to sell the property to Robert F. Sutherland 4. Ordinance to ESTABLISH the rights-of--way of Princess Anne Road between Oakmears Crescent and Hampshire Lane, Witchduck Road and Kempsville Road between Bonney Road and Chief Trail as underground utility corridors and AUTHORIZE the Director of Public Works to execute Agreements for reimbursement of costs with the Virginia Department of Transportation (VDOT) and the utility owners Ordinances to AUTHORIZE acquisition of Agricultural Land Preservation (ARP) easements to Whale Wallow, L.C.: a. 772 Princess Anne Road $1,617,805 b. 756 Princess Anne Road $1,290,666 6. Ordinance to AUTHORIZE the City Manager to EXECUTE•a Lease for vehicular parking with the Dolphin Run Condominium Association, Inc. at 3`d Street and Atlantic Avenue 7. Ordinance to AUTHORIZE and DIRECT the City Manager to EXECUTE a Lease with T-Mobile re telecommunications facilities at 616 North Great Neck Road 8. Ordinance to AUTHORIZE and DIRECT the City Manager to EXECUTE a Virginia Water and Wastewater Agency Response Network Mutual Aid Agreement 9. Ordinance to AUTHORIZE temporary encroachments into a portion of City-owned right-of--way for EDWARD F. and CHRISTEL L. LEWIS at Croatan Beach, 522 South Atlantic Avenue, to construct and maintain an elevated wood walk, steps and observation platform for beach access DISTRICT 6 -BEACH 10. Ordinance to APPROPRIATE $200,000 from the U.S. Department of Homeland Security, Federal Emergency Management Agency (FEMA), to the FY2009-10 Operating Budget of the Fire Department re deployment of VA-TF2 Tram for Haiti Earthquake !, 11. Ordinance to ACCEPT and APPROPRIATE $200,000 grant funds from the U.S. II, Department of Energy, with Federal revenues increased accordingly, to the FY2009-10 Operating Budget of the Planning Department re development of an energy assurance program 12. Ordinance to APPROPRIATE $90,000 from the Fund Balance of the Sheriff s l;-epartment Inmate Services to the FY2009-10 Operating Budget of the Sheriffls l;-epartment to support medical deputy positions 13. Ordinance to APPROPRIATE $1,266,587 of the fund balance and TRANSFER to the Agricultural Reserve Program (ARP) Special Revenue Fund to cover the costs for the purchase of various agricultural land preservation easements 14. Ordinance to TRANSFER $265,210 from the General Fund Reserve for Contingencies tc- the FY2009-10 Operating Budget of the Sheriff's Department re State imposed fiirlough and absorbing benefits 15. Grdinance to TRANSFER $52,135 from the Fire Department's Operating Budget re the purchase of replacement defibrillators tN~!;BEj~ f~~i:..~'.'' ~~ti!jei~ ~~~w~"~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend City Code Section 5-401 Pertaining to Fees for the Impoundment of Animals, Generally MEETING DATE: May 25, 2010 ^ Background: Originally, this amendment to City Code §5-401 was presented to City Council in the City Manager's proposed budget. However, that ordinance was attached to the same ordinance proposing an increase to the animal adoption fees. City Council decided against the increase of animal adoption fees, and as a result, the proposed sterilization fee was removed from the budget. ^ Considerations: Virginia Code § 3.2-6574 requires that animal adoption agencies only release animals that are sterilized or requires that animal adoption agencies have a signed agreement with customers to sterilize the newly adopted pet. Currently, the Virginia Beach Bureau of Animal Control requires a $50 deposit from customers that is reimbursable upon proof of sterilization. Unfortunately, significant portions of the customers fail to sterilize their newly adopted animals or return proof of the animal's sterilization. In order to comply with the Virginia Code, the Police Department has recommended that the animal sterilizations occur in house before the animal is adopted. The Bureau of Animal Control has made arrangements for this service to be provided at the current facility. The attached ordinance provides for sterilization fees of $100 for dogs and $40 for cats. ^ Public Information: Public hearings on this item were included in the Operating Budget hearings held on April 22"d and 27th. Additionally, this item will be advertised through the normal Council Agenda process. ^ Alternatives: Continue current sterilization agreements at the current fees. ^ Recommendations: Approval of this City Code amendment. ^ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Management Servic ~~ Ci Mana er• 1 AN ORDINANCE TO AMEND CITY CODE SECTION 5- 2 401 PERTAINING TO FEES FOR THE IMPOUNDMENT 3 OF ANIMALS, GENERALLY 4 SECTION AMENDED: § 5-401 5 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 That Section 5-401 of the Code of the City of Virginia Beach, Virginia is hereby 8 amended and reordained to read as follows: 9 10 Sec. 5-401. Fees for the impoundment of animals, generally. 11 12 .... 13 14 (d) Any person adopting an animal spayed or neutered at the expenses of the City 15 shall also incur ari additional cost of one hundred dollars ($100.00) for dogs, and forty dollars 16 ($40.00) for cats. In the event sterilization services are not available from the City. any person 17 adopting an unaltered animal will be required to deposit an additional one hundred dollars 18 ($100.00) for does and forty dollars ($40.00) for cats which shall be reimbursed if proof of 19 sterilization is presented to the bureau of animal control within thirty (30) days of the adoption. 20 21 ~~ The person desiring to adopt the animal shall sign an adoption contract agreeing 22 to abide by the rules and regulations of the bureau of animal control. 23 d-e 24 25 ~: 26 27 BE IT FURTHER ORDAINED: That the effective date of this ordinance shall be July 1, 28 2010. Adopted by the Council of the City of Virginia Beach, Virginia, on this day of . 20'I 0. Approved as to Content ~/ anag en Services Approved as to Legal Sufficiency C' a Office CA11463 R-1 May 14, 2010 ~u e~ c7 #-f,F- ~' ~5; ~~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEMS: (1) Resolution Authorizing the Distribution of the Preliminary Official Statement and Other Actions in Connection with the Issuance by the City of Virginia Beach, Virginia, of its Water and Sewer Revenue and Refunding Bonds, Series of 2010 (2) Resolution Providing for the Ninth Supplemental Master Water and Sewer Revenue Bond Resolution MEETING DATE: May 25, 2010 ^ Background: In accordance with the City's Capital Improvement Program, City Council periodically authorizes the issuance of water and sewer revenue bonds to finance certain capital improvements for the water and sewer system. The Department of Public Utilities has identified the need for such action and, with the Department of Finance and City Attorney, has developed a financing plan that includes refunding opportunities and the use of Build America Bonds to take advantage of favorable market rates. The new money portion of the sale will be for $65 million, utilizing previous Council Water and Sewer Bond Authorizations (2005 through portions of 2009). Authorization for bond refunding is $60 million, but the final number will be based on market conditions at the time of sale. ^ Considerations: The water and sewer system has a Master Resolution to guide the issuance of water and sewer revenue bonds. The enclosed resolutions provide for the issuance and sale of the 2010 Series of water and sewer revenue and refunding bonds. The first resolution provides for the distribution of the Preliminary Official Statement (POS) along with other necessary actions. The second resolution amends the Master Resolution to provide for the 2010 series of bonds. The amendments also include an annual Utility transfer to the City's General Fund of the lesser of $4 million and 15% of Net Assets restricted for operatPons. The City's consulting engineers, REDOAK Consulting, have prepared a Financial Feasibility Study on the water and sewer system and have concluded that the existing water and sewer rates and charges are sufficient to support the debt service costs on the 2010 bonds. The bond sales are Scheduled for June 16th and 17th. The results of these sales will be provided to City Council. The overall interest rate (true interest cost) will not exceed ~5%. After today's Council action no further vote of the Council will be necessary. ^ Public Information: Public information will be handled through the normal Council agenda process. Also, a Notice of Sale for each 2010 Series of bonds will be placed in The Bond Buyer. ^ Alternatives: There are no alternative funding sources at this time. This request follows previously approved CIPs. To reject the resolutions jeopardizes the water and sewer Capital Improvement Program. ^ Recommendations: Approval of the attached resolutions. ^ Attachments: Resolutions (2); Draft of Feasibility Study; Draft of Continuing Disclosure Agreement; Notices of Sale. Recommended Action: Approval .~---~ . Submitting Department/Agency: Finance :r~~~ City Manager S 1 ~ • c,~ ~~~ r ~ RESOLUTION AUTHORIZING THE DISTRIBUTION OF A PRELIMINARY OFFICIAL STATEMENT AND OTHER ACTIONS IN CONNECTION WITH THE ISSUANCE BY THE CITY OF VIRGINIA BEACH, VIRGINIA, OF ITS WATER AND SEWER SYSTEM REVENUE AND REFUNDING BONDS, SERIES OF 2010 WHEREAS, the City of Virginia Beach, Virginia (the "City"), proposes to issue its Water and Sewer System Revenue and Refunding Bonds, Series of 2010, in an amount not to exceed $125,000,000 (the "Bonds"), pursuant to the Ninth Supplemental Resolution amending the City's Master Water and Sewer Bond Resolution, originally adopted February 11, 1992, as amended from time to time thereafter (the "Ninth Supplemental Resolution"); WHEREAS, in connection with the adoption by the Council of the City (the "City Council") of the Ninth Supplemental Resolution, there have been presented to or otherwise made available to this meeting drafts of the following documents: (a) Notices of Sale, drafts dated May 14, 2010 (collectively, the "Notice of Sale"), of the City relating to the advertisement of the public offering of the Bonds; (b) Preliminary Official Statement, draft dated May 14, 2010 (the "Preliminary Official Statement"), of the City relating to the public offering of the Bonds; and (c) Continuing Disclosure Agreement, draft dated May 14, 2010, pursuant to which the City agrees to undertake continuing disclosure obligations pursuant to Rule 15c2-12 (the "Rule") promulgated by the Securities and Exchange Commission (the "SEC") for the benefit of the holders of the Bonds; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, AS FOLLOWS: 1. The City Manager, in collaboration with Government Finance Associates, Inc., the City's financial advisor (the "Financial Advisor"), is authorized and directed to take all proper steps to advertise the Bonds for sale substantially in accordance with the form of Notice of Sale attached hereto, which is approved, provided that the City Manager, in collaboration with the Financial Advisor, may make such changes in the Notice of Sale not inconsistent with this Resolution as he may consider to be in the best interest of the City. 2. The City authorizes the distribution of the Preliminary Official Statement in form deemed "near final" as of its date, within the meaning of the Rule of the SEC, to prospective purchasers of the Bonds, with such completions, omissions, insertions and changes as may be approved by the City Manager. Such distribution shall constitute conclusive evidence of the approval of the City Manager as to any such completions, omissions, insertions and changes and that the City has deemed the Preliminary Official Statement to be near final as of its date. 3. The City Manager, in collaboration with the Financial Advisor, is hereby authorized and directed to approve such completions, omissions, insertions and other changes to the Preliminary Official Statement necessary to reflect the terms of the sale of the Bonds and the details thereof appropriate to complete it as an official statement in final form (the "Official Statement") and to execute and deliver the Official Statement to the purchasers of the Bonds. Execution of the: Official Statement by the City Manager shall constitute conclusive evidence of his approval of any such completions, omissions, insertions and changes and that the Official Statement has bc;en deemed final by the City as of its date within the meaning of the Rule. 4. T'he Mayor, the City Manager and such officer or officers of the City as either may designate, any of whom may act, are hereby authorized and directed to execute the Continuing Dis~~losure Agreement, the form of which is approved, with such completions, omissions, insertions and changes that are not inconsistent with this Resolution. 5. T'he officers of the City are hereby authorized and directed to execute, deliver and file all certificates and documents and to take all such further action as they may consider necessary or desirable in connection with the issuance and sale of the Bonds, including without limitation (a) execution and delivery of a certificate setting forth the expected use and investment of the proceeds of the Bonds to show that such expected use and investment will not violate the provisions of Section 148 of Code, and regulations thereunder, applicable to "arbitrage bonds," (b) making any elections that such officers deem desirable regarding any provision requiring rebate to the United States of "arbitrage profits" earned on investment of proceeds of the Bonds, and (c) filing Irrternal Revenue Service Form 8038-G and, for any Bonds issued as "build America bonds'' within the meaning of Section 54AA of the Code, Internal Revenue Service Form 8038-B. The foregoing shall be subject to the advice, approval and direction of bond counsel. 6. A.ny authorization herein to execute a document shall include authorization to deliver it to the other parties thereto. 7. A,11 other acts of the officers of the City that are in conformity with the purposes and intent of this Resolution and in furtherance of the issuance and sale of the Bonds are hereby approved and ratified. 8. This Resolution shall take effect immediately. Adopted by the Council of the City of Virginia Beach, Virginia, on the 25th day of May, 2010. APPROVED A S TO CONTENT: I finance partrnent ~Q ~~ ~ p APPROVED AS TO LEGAL SUFFICIENCY: I City Att ey's Office CERTIFICATE OF RESOLUTION The undersigned City Clerk of the City of Virginia Beach, Virginia (the "City"), certifies that: 1. A regular meeting of the Council of the City (the "Council") was held on May 25, 2010, at which the following members were present and absent: PRESENT: Rita Sweet Bellito Glenn R. Davis Bill R. DeSteph Harry W. Diezel Robert M. Dyer Barbara M. Henley Louis R. Jones William D. Sessoms John E. Uhrin Rosemary Wilson James L. Wood] ABSENT: [None] 2. A resolution entitled "Resolution Authorizing the Distribution of a Preliminary Official Statement and Other Actions in Connection with the Issuance by the City of Virginia Beach, Virginia, of its Water and Sewer System Revenue and Refunding Bonds, Series of 2010," was adopted by an affirmative roll call vote of a majority of all members of the Council, the ayes and nays being recorded in the minutes of the meeting as shown below: MEMBER VOTE Rita Sweet Bellito Glenn R. Davis Bill R. DeSteph Harry W. Diezel Robert M. Dyer Barbara M. Henley Louis R. Jones William D. Sessoms John E. Uhrin Rosemary Wilson James L. Wood 3. Attached hereto is a true and correct copy of such resolution as recorded in the minutes of such meeting of the Council held on May 25, 2010. 4. This 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 May, 2010. City Clerk, City of Virginia Beach, Virginia (SEAL) CITY OF VIRGINIA BEACH, VIRGINIA NINTH SUPPLEMENTAL RESOLUTION SUPPLEMENTING AND AMENDING RESOLUTION ADOPTED FEBRUARY 11,1992, ENTITLED "MASTER WATER AND SEWER REVENUE BOND RESOLUTION PROVIDING FOR THE ISSUANCE FROM TIME TO TIME OF ONE OR MORE SERIES OF WATER AND SEWER SYSTEM REVENUE BONDS OF THE CITY OF VIRGINIA BEACH," AS PREVIOUSLY SUPPLEMENTED AND AMENDED, TO PROVIDE FOR THE ISSUANCE AND SALE OF UP TO $125,000,000 OF WATER AND SEWER SYSTEM REVENUE AND REFUNDING BONDS, SERIES OF 2010, AND PROVIDING FOR THE FORM, DETAILS AND PAYMENT THEREOF AND THE FINANCING OF THE COST OF IMPROVEMENTS TO THE CITY'S WATER AND SANITARY SEWER FACILITIES ADOPTED ON _, 2010 TABLE OF CONTENTS ARTICLE I NINTH SUPPLEMENTAL RESOLUTION Page Section 9.101 Ninth Supplemental Resolution ...............................................................................1 Section 9.102 Meaning of Terms; Definitions ................................................................................2 Section 9.103 Reference to Articles and Sections ..........................................................................3 ARTICLE II 2010 PROJECT Section 9.201 Authorization of 2010 Project ..................................................................................3 ARTICLE III ISSUANCE AND SALE OF SERIES 2010 BONDS Section 9.301 Issuance and Sale of Series 2010 Bonds .................................................................. 3 Section 9.302 Details of Series 2010 Bonds ................................................................................... 4 Section 9.303 Book Entry System .................................................................................................. 5 Section 9.304 Registrar ................................................................................................................... 6 Section 9.305 Form of Series 2010 Bonds ...................................................................................... 6 Section 9.306 Security for Series 2010 Bonds ................................................................................ 6 Section 9.307 Application of Proceeds ........................................................................................... 6 ARTICLE IV REDEMPTION OF SERIES 2010 BONDS Section 9.401 Optional Redemption Provisions .............................................................................7 Section 9.402 1Vl[andatory Redemption ...........................................................................................7 Section 9.403 E:Xtraordinary Optional Redemption of Taxable Bonds Due to Loss of Build America Bond Status .....................................................................................7 Section 9.404 Selection of Series 2010 Bonds for Redemption .....................................................8 Section 9.405 Notice of Redemption ..............................................................................................9 ARTICLE V FEDERAL TAX PROVISIONS Section 9.501 Limitation of Use of Proceeds .................................................................................9 Section 9.502 Rebate Requirement ...............................................................................................10 Section 9.503 Calculation and Payment of Rebate Amount .........................................................1 l ARTICLE VI AMENDMENTS TO MASTER RESOLUTION Section 9.601 Effective Date of Amendment ...............................................................................11 Section 9.602 Amendment to Section 101 ....................................................................................12 ARTICLE VII MISCELLANEOUS Section 9.701 Limitation of Rights ...............................................................................................12 Section 9.702 SNAP Investment ...................................................................................................12 (i) Section 9.703 Severability ............................................................................................................13 Section 9.704 Effective Date ........................................................................................................13 Appendix A -Description of the 2010 Project ........................................................................... A-1 Appendix B -Form of the Tax-Exempt Bonds ............................................................................B-1 Appendix C -Form of the Taxable Bonds ...................................................................................C-1 Appendix D -Notice to Bondholders ......................................................................................... D-1 (ii) NINTH SUPPLEMENTAL RESOLUTION SUPPLEMENTING AND AMENDING RESOLUTION ADOPTED FEBRUARY 11,1992, ENTITLED "MASTE:R WATER AND SEWER REVENUE BOND RESOLUTION PROVIDING FOR THE ISSUANCE FROM TIME TO TIME OF ONE OR MORE SERIES OF WATER AND SEWER SYSTEM REVENUE BONDS OF TB[E CITY OF VIRGINIA BEACH," AS PREVIOUSLY SUPPLEMENTED AND AMENDED, TO PROVIDE FOR THE ISSUANCE AND SALE OF UP TO $125,000,000 OF WATER AND SEWER SYSTEM REVENiJE AND REFUNDING BONDS, SERIES OF 2010, AND PROVIDING FOR THE FORM, DETAILS AND PAYMENT THEREOF AND TB[E FINANCING OF THE COST OF IMPROVEMENTS TO THE CITY'S `WATER AND SANITARY SEWER FACILITIES WHEREAS, the Council (the "Council") of the City of Virginia Beach, Virginia (the "City"), adopted a resolution on February 11, 1992 (the "Master Resolution"), providing for the issuance from tame to time of water and sewer revenue bonds to finance the cost of improvements anal extensions to its water and sanitary sewer system; and WHEREAS, the Council desires to issue pursuant to the Master Resolution up to $13,344,201 of the $16,997,000 water and sewer system revenue bonds authorized by an ordinance adopted by the Council on May 10, 2005, up to $18,950,465 of the $18,950,465 water and sewer systenn revenue bonds authorized by an ordinance adopted by the Council on May 9, 2006, up to $18,793,000 of the $18,793,000 water and sewer system revenue bonds authorized by an ordinance adopted by the Council on May 15, 2007, up to $13,000,000 of the $13,000,000 water and sewer system revenue bonds authorized by an ordinance adopted by the Council on May 13, 2008, izp to $912,334 of the $17,000,000 water and sewer system revenue bonds authorized by an ordinance adopted by the Council on May 12, 2009, and to sell such bonds in one or more issues in a collective amount equal to $65,000,000; and WHEREAS, the Council desires to refund all or a portion of the City's Water and Sewer System Revenue: Bonds, Series of 2002, and all or a portion of the City's Water and Sewer System Revenue and Refunding Bonds, Series of 2005; and WHEREAS, the City is not in default under the Master Resolution or in payment of the principal of or interest on the Outstanding Bonds (as defined in the Master Resolution); BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: ARTICLE I NINTH SUPPLEMENTAL RESOLUTION Section 5-.101 Ninth Supplemental Resolution. This Nirith Supplemental Resolution is adopted pursuant to and in accordance with Section 1101(g) of the Master Resolution. All covenants, conditions and agreements of the Master Resolution shall apply with equal force and effect to the Series 2010 Bonds (as hereinafter defined) and to the holders thereof, except as otherwise provided herein. Section 9.102 Meaning of Terms; Definitions. All capitalized terms used herein and not defined either in this Section or elsewhere in this Ninth Supplemental Resolution (including the recitals hereto), shall have the meanings ascribed to such terms in the Master Resolution. The following terms shall have the following meanings in this Ninth Supplemental Resolution. "2002 Refunded Bonds" shall mean all or a portion of the outstanding principal amount of the City's $28,000,000 Water and Sewer System Revenue Bonds, Series of 2002, being refunded with a portion of the proceeds of the Series 2010 Bonds. "2005 Refunded Bonds" shall mean all or a portion of the outstanding principal amount of the City's $92,700,000 Water and Sewer System Revenue and Refunding Bonds, Series of 2005, being refunded with a portion of the proceeds of the Series 2010 Bonds. "2010 Project" shall mean the acquisitions, improvements, extensions, additions and replacements to the System as described in Article II. "DTC" shall mean The Depository Trust Company, New York, New York, a securities depository, as holder of the Series 2010 Bonds, or its successors or assigns in such capacity. "Escrow Agent" shall mean The Bank of New York Mellon Trust Company, N.A., as escrow agent for the Refunded Bonds. "Escrow Deposit Agreement" shall mean the Escrow Deposit Agreement between the City and the Escrow Agent. "Escrow Fund" shall mean the fund established by the Escrow Deposit Agreement. "Ninth Supplemental Resolution" shall mean this Ninth Supplemental Resolution, which supplements the Master Resolution. "Rebate Amount" shall mean the excess of (a) the future value of all nonpurpose receipts with respect to the Series 2010 Bonds over (b) the future value of all nonpurpose payments with respect to the Series 2010 Bonds, in each case calculated under Section 9.503 pursuant to the requirements of Section 148 of the Code, or such other amount of arbitrage required to be rebated to the United States of America under Section 148 of the Code. "Rebate Amount Certificate" shall have the meaning set forth in Section 9.503. "Refunded Bonds" shall mean the 2002 Refunded Bonds and the 2005 Refunded Bonds. "Registrar" shall mean The Bank of New York Mellon Trust Company, N.A., as paying agent and bond registrar for the Series 2010 Bonds. 2 "Series 2010A Bonds" shall mean the Water and Sewer System Revenue Bonds, Series of 2010A, in the amount to be issued in accordance with the provisions of Article III. "Series 2',OlOB Bonds" shall mean the Water and Sewer System Refunding Revenue Bonds, Series oaf 2010B (Tax-Exempt), in the amount to be issued in accordance with the provisions of Article III. "Series 2;OlOC Bonds" shall mean the Water and Sewer System Refunding Revenue Bonds, Series o f 2010C (Tax-Exempt), in the amount to be issued in accordance with the provisions of Article III. "Taxablf~ Bonds" shall mean any portion of the Series 2010A Bonds issued as taxable Build America Bonds. "Tax-Exempt Bonds" shall mean the Series 2010B Bonds, the Series 2010C Bonds, and any portion of th~~ Series 2010A Bonds issued as tax-exempt bonds. Section 9.103 Reference to Articles and Sections Unless otherwise indicated, all references herein to particular articles or sections are references to articles or sections of this Ninth Supplemental Resolution. ARTICLE II 2010 PROJECT Section 9.201 Authorization of 2010 Project. The Council has authorized the acquisitions, improvements, extensions, additions and replacements to the System described on Appendix A, which are part of the approved capital improvement program of the City. ARTICLE III ISSUANCE AND SALE OF SERIES 2010 BONDS Section 9.301 Issuance and Sale of Series 2010 Bonds. The City hereby provides for the issuance of water and sewer system revenue bonds in a principal amount up to $65,000,000, consisting of up to $13,344,201 of the $16,997,000 water and sewer systenn revenue bonds authorized by an ordinance adopted by the Council on May 10, 2005, up to $18.,950,465 of the $18,950,465 water and sewer system revenue bonds authorized by an ordinance adopted by the Council on May 9, 2006, up to $18,793,000 of the $18,793,000 water and sewer system revenue bonds authorized by an ordinance adopted by the Council on May 15, 2007, up to $13,000,000 of the $13,000,000 water and sewer system revenue bonds authorized by a~i ordinance adopted by the Council on May 13, 2008, up to $912,334 of the $17,000,000 wager and sewer system revenue bonds authorized by an ordinance adopted by the Council on May 12, 2009, which such bonds shall be issued and sold pursuant hereto. The 3 proceeds thereof shall be used to refund the Refunded Bonds and pay the Cost of the 2010 Project. All such bonds shall constitute Bonds, as defined in the Master Resolution. Section 9.302 Details of Series 2010 Bonds. (a) Subject to the provisions of paragraph (f) below, the Series 2010A Bonds shall be designated "Water and Sewer System Revenue Bonds, Series of 2010A," shall be issued in one or more subseries designated A-1 upward, shall be numbered R-1 upward, shall be dated, shall be in an aggregate principal amount not to exceed $65,000,000, shall bear interest at rates, payable semiannually on such dates and shall mature in installments on such dates and in years and amounts, all as determined by the City Manager to be in the best interest of the City. (b) Subject to the provisions of paragraph (f) below, the Series 2010B Bonds shall be designated "Water and Sewer System Refunding Revenue Bonds, Series of 2010B (Tax- Exempt)," shall be numbered R-1 upward, shall be dated, shall be, together with the Series 2010C Bonds, in an aggregate principal amount not to exceed $60,000,000, shall bear interest at rates, payable semiannually on such dates and shall mature in installments on such dates and in years and amounts, all as determined by the City Manager to be in the best interest of the City. (c) Subject to the provisions of paragraph (f) below, the Series 2010C Bonds shall be designated "Water and Sewer System Refunding Revenue Bonds, Series of 2010C (Tax- Exempt)," shall be numbered R-1 upward, shall be dated, shall be, together with the Series 2010B Bonds, in an aggregate principal amount not to exceed $60,000,000, shall bear interest at rates, payable semiannually on such dates and shall mature in installments on such dates and in years and amounts, all as determined by the City Manager to be in the best interest of the City. (d) Principal of the Series 2010 Bonds and the premium, if any, thereon shall be payable to the holders upon the surrender of such Bonds at the principal corporate trust office of the Registrar. Interest on the Series 2010 Bonds shall be payable by check or draft mailed to the holders as of the 15th day of the month prior to each interest payment date, at their addresses as they appear on the registration books kept by the Registrar. (e) Except as otherwise provided herein, the Series 2010 Bonds shall be payable, executed, authenticated, registrable, exchangeable and secured, all as set forth in the Master Resolution. (f) The Bonds shall be sold by competitive bid, and the City Manager shall receive bids for the Bonds and award the Bonds to the bidder providing the lowest "true" or "Canadian" interest cost, subject to the following limitations. The Bonds shall (a) have a "true" or "Canadian" interest cost not to exceed 5.00% (taking into account any original issue discount or premium on the Bonds and taking into account any direct credit payments from the United States Treasury expected to be received for any Bonds issued as "build America bonds" within the meaning of Section 54AA of the Internal Revenue Code of 1986 (as amended) (the "Code")), (b) be sold to the purchaser at a price not less than 100.00% of the principal amount thereof and (c) mature no later than the year 2035. 4 Section 9.303 Book Entry System. Initially, one Series 2010 Bond certificate for each maturity will be issued to DTC, which is designated as the securities depository for the Series 2010 Bonds, or its nominee, and immobilized in its custody. Beneficial owners of the Series 2010 Bonds will not receive physical delivery of the Series 2010 Bonds. So long as DTC is acting as securities depository for the Series 2010 Bonds, a book entry system shall be employed, evidencing ownership of the Series 2010 Bonds in principal amounts of $5,000 or multiples thereof, with transfers of beneficial ownership effected on the records of DTC and its participants pursuant to rules and procedures established by DTC and its participants. Interest on the Series 2010 Bonds shall be payable in clearinghouse funds to DTC or its nominee as registered owner of the Series 2010 Bonds. Principal, pre;milun, if any, and interest shall be payable in lawful money of the United States of America by the Registrar. Transfer of principal and interest payments to participants of DTC shall be the responsibility of DTC; transfer of principal and interest payments to beneficial owners by participants of ITC will be the responsibility of such participants and other nominees of beneficial owners. The City and the Registrar shall not be responsible or liable for maintaining, supervising or reviewing the records maintained by DTC, its participants or persons acting through such participants. In the eve:nt that (a) DTC determines not to continue to act as securities depository for the Series 2010 Bonds by giving notice to the City and the Registrar discharging its responsibilities hereunder, (b) the Registrar or the City determines that DTC is incapable of discharging its duties or that continuation with DTC as securities depository is not in the best interest of the City, or (c) the Registrar or the City determines that continuation of the book entry system of evidencing ownership and transfer of ownership of the Series of 2002 Bonds is not in the best interest of the City or the beneficial owners of the Series 2010 Bonds, the Registrar and the City shall discontinue: the book entry system with DTC. If the Registrar or the City fails to identify another qualified securities depository to replace DTC, the Registrar shall authenticate and deliver replacement bonds in the form of fully registered certificates to the beneficial owners or to the DTC participants on behalf of beneficial owners, substantially in the form as set forth in Appendix B and Appendix C, as applicable, with such variations, omissions or insertions as are necessary or desirable in the delivery of replacement certificates in printed form. The Series 2010 Bonds would then be registrable and exchangeable as set forth in Section 204 of the Master Resolution. So long pis DTC is the securities depository for the Series 2010 Bonds (a) it shall be the registered owne~• of the Series 2010 Bonds, (b) transfers of ownership and exchanges shall be effected on the records of DTC and its participants pursuant to rules and procedures established by DTC and its participants, and (c) references in this Ninth Supplemental Resolution to holders of the Series 2010 Bonds shall mean DTC or its nominee and shall not mean the beneficial owners of the Series 2010 Bonds. 5 Section 9.304 Registrar. The selection of The Bank of New York Mellon Trust Company, N.A. as paying agent and bond registrar for the Series 2010 Bonds is approved. Section 9.305 Form of Series 2010 Bonds. (a) The Tax-Exempt Bonds shall be in substantially the form set forth in Appendix B with such variations, omissions and insertions as may be necessary to set forth the details thereof pursuant to Article II of the Master Resolution and Article III hereof. (b) The Taxable Bonds shall be in substantially the form set forth in Appendix C with such variations, omissions and insertions as may be necessary to set forth the details thereof pursuant to Article II of the Master Resolution and Article III hereof. . Section 9.306 Security for Series 2010 Bonds. The Series 2010 Bonds shall be issued pursuant to the Master Resolution and this Ninth Supplemental Resolution and shall be equally and ratably secured under and to the extent provided in the Master Resolution with the Prior Parity Bonds, any Bonds that may be issued under the Master Resolution, any Parity Double Barrel Bonds that maybe issued and any Parity Debt Service Components that maybe incurred, without preference, priority or distinction of any obligations over any other obligations; provided, however, the Debt Service Reserve Fund will secure only the Bonds. Section 9.307 Application of Proceeds. The proceeds of the Series 2010 Bonds shall be applied as follows: (a) The amount of Tax-Exempt Bond proceeds set forth in the Escrow Deposit Agreement shall be paid to the Escrow Agent and deposited in the Escrow Fund to be invested, together with available amounts transferred to the Escrow Fund from (i) the Interest Account and Principal Account in the Revenue Bond Fund with respect to the Refunded Bonds and (ii) available moneys from the debt service accounts established for the Refunded Bonds. Such amounts shall be used, together with interest earnings thereon, by the Escrow Agent for the sole purpose of paying principal, premium and interest on the Refunded Bonds and the Related Fees. (b) The amount of Series 2010 Bond proceeds necessary, together with amounts on deposit in the Debt Service Reserve Fund, to equal the Debt Service Reserve Requirement after the issuance of the Series 2010 Bonds shall be paid to the Fiscal Agent and deposited into the Debt Service Reserve Fund. (c) The balance of the proceeds shall be retained by the City and deposited in a General Account in the Construction Fund to be used to pay the Cost of the 2010 Project and to pay expenses incident to issuing the Series 2010 Bonds. 6 ARTICLE IV REDEMPTION OF SERIES 2010 BONDS Section 9.401 Optional Redemption Provisions. The Series 2010 Bonds may be subject to redemption prior to maturity at the option of the City on or after dates, if any, determined by the City Manager, in whole or in part at any time at redemption prices equal to the principal amount of the Series 2010 Bonds, together with any accrued interest to the redemption date, plus redemption premiums not to exceed 2% of the principal amount of the Series 2010 Bonds, as such redemption premiums maybe determined by the City Manager. Section 9.402 Mandatory Redemption. The Serie;s 2010 Bonds may be subject to mandatory sinking fund redemption prior to maturity in year:~ and amounts, upon payment of 100% of the principal amount thereof to be redeemed plus interest accrued to the redemption date, as may be determined by the City Manager. Section 9.403 Extraordinary Optional Redemption of Taxable Bonds Due to Loss of Build America Bond Status. Prior to ~~ctober 1, 2020, the Taxable Bonds are subject to redemption prior to their maturity at the option of the City, in whole or in part, upon the occurrence of an Extraordinary Build America Bond Event (as hereinafter defined) at a redemption price equal to the greater of: (i;l 100% of the principal amount of the Taxable Bonds to be redeemed; and (iii) The sum of the present value of the remaining scheduled payments of principal and interest to the maturity date of the Taxable Bonds to be redeemed, not including any portion of those payments of interest accrued and unpaid as of the date on which the Taxable Bonds are to be redeemed, discounted to the date on which the Taxable :Bonds are to be redeemed on asemi-annual basis, assuming a 360-day year consisting; of twelve 30-day months, at the Treasury Rate (as hereinafter defined), plus 100 basis points; plus, in either case, accrued interest on such Taxable Bonds to be redeemed to the redemption date. An "Extraordinary Build America Bond Event" will have occurred if a material adverse change has occurred to Section 54AA or 6431 of the Code (as such Sections were added by Section 1531 o:f the Recovery Act, pertaining to "Build America Bonds") or there is any guidance published by the Internal Revenue Service or the United States Treasury with respect to such Sections or• any other determination by the Internal Revenue Service or the United States Treasury, which determination is not the result of any act or omission by the City to satisfy the requirements to qualify to receive the Federal Subsidy from the United States Treasury, pursuant 7 to which the City's 35% Federal Subsidy from the United States Treasury is reduced or eliminated. "Treasury Rate" means, as of any redemption date, the yield to maturity as of such redemption date of United States Treasury securities with a constant maturity (as compiled and published in the most recent Federal Reserve Statistical Release H.15 (519) that has become publicly available at least two Business Days prior to the redemption date (excluding inflation indexed securities) (or, if such Statistical Release is no longer published, any publicly available source of similar market data)) most neazly equal to the period from the redemption date to the maturity date of the Taxable Bonds to be redeemed; provided, however, that if the period from the redemption date to such maturity date is less than one yeaz, the weekly average yield on actually traded United States Treasury securities adjusted to a constant maturity of one year will be used. The redemption price of such Taxable Bonds to be redeemed will be determined by an independent accounting firm, investment banking firm or financial advisor retained by the City to calculate such redemption price. The City may conclusively rely on the determination of such redemption price by such independent accounting firm, investment banking firm or financial advisor and will not be liable for such reliance. Section 9.404 Selection of Series 2010 Bonds for Redemption. If less than all of the Series 2010 Bonds of a Series are called for redemption, the Series 2010 Bonds of a Series to be redeemed shall be selected in such manner as the City Manager or the chief financial officer of the City may determine to be in the best interest of the City. If less than all of the Tax-Exempt Bonds of a particular maturity aze called for redemption, the Tax-Exempt Bonds to be redeemed shall be selected by DTC or any successor securities depository pursuant to its rules and procedures or, if the book entry system is discontinued, shall be selected by the Registrar by lot in such manner as the Registrar at its discretion may determine. If less than all of the Taxable Bonds of a particular maturity are called for redemption, the particular Taxable Bonds to be redeemed shall be selected on a pro-rata basis. With respect to such Taxable Bonds sold, "pro rata" is determined, in connection with any mandatory sinking fund redemption or any optional redemption in part, by multiplying the principal amount of such maturity to be redeemed on the applicable redemption date by a fraction, the numerator of which is equal to the principal amount of the Taxable Bond of such maturity owned by the registered owner, and the denominator of which is equal to the total amount of the Taxable Bonds of such maturity then outstanding immediately prior to such redemption date, and then rounding the product down to the next lower integral multiple of $5,000; provided that the portion of any Taxable Bonds to be redeemed are required to be in authorized denominations and all Taxable Bonds of a maturity to remain outstanding following any redemption aze required to be in authorized denominations. Notwithstanding the foregoing, if the Taxable Bonds are in book- entry form at the time of such redemption, the City shall instruct DTC to instruct the DTC participants to select the specific Taxable Bonds for redemption by lot within maturities among 8 Beneficial Owners, and the City shall not have any responsibility to ensure that DTC or the DTC participants properly select such Taxable Bonds for redemption. The portion of any Series 2010 Bond to be redeemed shall be in the principal amount of $5,000 or some multiple thereof. In selecting Series 2010 Bonds for redemption, each Series 2010 Bond shall be considered as representing that number of Series 2010 Bonds which is obtained by dividing the principal amount of such Series 2010 Bond by $5,000. If a portion of a Series 2010 Bond shall be called for redemption, a new Series 2010 Bond in principal amount equal to the unredeemed portion thereof shall be issued to the registered owner upon the surrender thereof Section 9.405 Notice of Redemption. (a) Tihe Registrar shall send notice of the call for redemption identifying the Series 2010 Bonds or portions thereof to be redeemed, not less than 30 nor more than 60 days prior to the redemption date, (1) by facsimile or electronic transmission, registered or certified mail or overnight express delivery, to the holder of each Series 2010 Bond to be redeemed at his address as it appears on the registration books kept by the Registrar, (2) by facsimile or electronic transmission, registered or certified mail or overnight express delivery, to all organizations registered with the Securities and Exchange Commission as securities depositories, and (3) to the Electronic Municipal Market Access (EMMA) system (established by the Municipal Securities Rulemaking Board) or any other nationally recognized municipal securities information repository designated as such by the Securities and Exchange Commission. (b) Iri the case of an optional redemption, the notice may state that (1) it is conditioned upon the deposit of moneys, in an amount equal to the amount necessary to effect the redemption, with an escrow agent no later than the redemption date or (2) the City retains the right to rescind such notice on or prior to the scheduled redemption date (in either case, a "Conditional Redemption"), and such notice and optional redemption shall be of no effect if such moneys are not so deposited or if the notice is rescinded as described herein. Any Conditional Redemption ma;y, be rescinded at any time prior to the redemption date, and the Registrar shall give prompt notice of such rescission to the affected Series 2010 Bondholders. Any Series 2010 Bonds subject t~~ Conditional Redemption where redemption has been rescinded shall remain Outstanding, and the rescission shall not constitute an Event of Default. Further, in the case of a Conditional Redemption, the failure of the City to make funds available on or before the redemption date shall not constitute an Event of Default, and the Registrar shall give immediate notice to all org~~nizations registered with the Securities and Exchange Commission as securities depositories or the affected Series 2010 Bondholders that the redemption did not occur and that the Series 2010 ]Bonds called for redemption and not so paid remain outstanding. ARTICLE V FEDERAL TAX PROVISIONS Section !x.501 Limitation of Use of Proceeds. The City covenants with the holders of the Series 2010 Bonds as follows: 9 (a) The City shall not take or omit to take any action or make any investment or use of the proceeds of any Series 2010 Bonds (including failure to spend the same with due diligence) the taking or omission of which would cause the Series 2010 Bonds of either Series to be "arbitrage bonds" within the meaning of Section 148 of the Code, including without limitation participating in any issue of obligations that would cause the Series 2010 Bonds of either Series to be part of an "issue" of obligations that are arbitrage bonds, within the meaning of Treasury Regulations Section 1.148-10 or successor regulation, or otherwise cause (i) interest on the Tax- Exempt Bonds to be includable in the gross income of the registered owners under existing law or (ii) the Taxable Bonds to lose their qualification as "build America bonds" (within the meaning of Section 54AA of the Code). Without limiting the generality of the foregoing, the City shall comply with any provision of law that may require the City at any time to rebate to the United States of America any part of the earnings derived from the investment of gross proceeds of the Series 2010 Bonds. (b) The City shall not permit the proceeds of the Series 2010 Bonds or the facilities to be financed with such proceeds to be used in any manner that would result in either (1) 5% or more of such proceeds or the facilities being financed with such proceeds being considered as having been used in any trade or business carried on by any person other than a governmental unit as provided in Section 141(b) of the Code, (2) 5% or more of such proceeds or the facilities being financed with such proceeds being used with respect to any "output facility" (other than a facility for the furnishing of water) within the meaning of Section 141(b)(4) of the Code, or (3) 5% or more of such proceeds being considered as having been used directly or indirectly to make or finance loans to any person other than a governmental unit, as provided in Section 141(c) of the Code. (c) The City shall not take any other action that would adversely affect, and shall take all action within its power necessary to maintain, the exclusion of interest on all Series 2010 Bonds from gross income for federal income taxation purposes; provided, however, that if the City receives an opinion of Bond Counsel that compliance with any such covenant is not required to prevent the interest on the Tax-Exempt Bonds from being includable in the gross income of the registered owners thereof under existing law, the City need not comply with such restriction. (d) The City shall not take any other action that would adversely affect, and shall take all action within its power necessary to maintain, the eligibility of the Taxable Bonds as "build America bonds" for purposes of the American Recovery and Reinvestment Act of 2009, including the applicable provisions in Sections 141, 148 and 149 of the Code. Section 9.502 Rebate Requirement. The City shall determine and pay, from any legally available source, the Rebate Amount, if any, to the United States of America, as and when due, in accordance with the "rebate requirement" described in Section 148(fj of the Code and retain records of all such determinations until six years after payment of the Series 2010 Bonds. 10 Section 9.503 Calculation and Payment of Rebate Amount. (a) T:he City selects June 1 as the end of the bond year with respect to the Series 2010 Bonds pursuant to Treasury Regulation Section 1.148-1. (b) V~~ithin 30 days after the initial installment computation date, the last day of the fifth bond year (June 1, 2015), unless such date is changed by the City prior to the date that any amount with respect to the Series 2010 Bonds is paid or required to be paid to the United States of America as required by Section 148 of the Code, and at least once every five yeazs thereafter, the City shall cause the Rebate Amount to be computed. Prior to any payment of the Rebate Amount to the United States of America as required by Section 148 of the Code, such computation (the "Rebate Amount Certificate") setting forth such Rebate Amount shall be prepazed or approved by (1) a person with experience in matters of governmental accounting for Federal income tax purposes or (2) a bona fide abbitrage rebate calculation reporting service. (c) Not later than 60 days after the initial installment computation date, the City shall pay to the United States of America at least 90% of the Rebate Amount as set forth in the Rebate Amount Certificate prepared with respect to such installment computation date. At least once on or before 60 days after the installment computation date that is the fifth anniversary of the initial installment computation date and on or before 60 days every fifth anniversary date thereafter until final paym~:nt of the Series 2010 Bonds, the City shall pay to the United States of America not less than the amount, if any, by which 90% of the Rebate Amount set forth in the most recent Rebate Amount Certificate exceeds the aggregate of all such payments theretofore made to the United States of America pursuant to this Section. On or before 60 days after final payment of the Series 2010 :Bonds, the City shall pay to the United States of America the amount, if any, by which 100% of the Rebate Amount set forth in the Rebate Amount Certificate with respect to the date of final payment of the Series 2010 Bonds exceeds the aggregate of all payments theretofore made pursuant to this Section. All such payments shall be made by the City from any legally available source. (d) Notwithstanding any provision of this Article to the contrary, no such calculation or payment shall be made if the City receives an opinion of Bond Counsel to the effect that (1) such payment is not required under the Code in order to prevent the Series 2010 Bonds from becoming "arbitrage bonds" within the meaning of Section 148 of the Code or (2) such payment should be calculated and paid on some alternative basis under the Code, and the City complies with such altern;~tive basis. ARTICLE VI AMENDMENTS TO MASTER RESOLUTION Section !1'.601 Effective Date of Amendment. Notwithstanding anything herein to the contrary, pursuant to Section 1102 of the Master Resolution, the amendments provided in this Article shall be effective upon the consent of the holders of a majority in aggregate principal amount of Bonds then Outstanding. The original 11 purchasers of the Series 2010 Bonds by their purchase thereof shall be deemed to have consented to the amendments provided in this Article. At such time as the City has received the consent of the holders of not less than a majority in aggregate principal amount of Outstanding Bonds to the amendments provided in this Article, the City shall cause the "Notice to Bondholders" attached hereto as Appendix D to be sent by facsimile or electronic transmission, registered or certified mail or overnight express delivery to the holders of any then Outstanding (a) $1,405,031.36 Taxable Water and Sewer System Revenue Bond, Series of 1994, (b) $7,500,000 Taxable Water and Sewer System Revenue Bond, Series of 1997, (c) $6,200,000 Taxable Water and Sewer System Revenue Bond, Series of 1998, (d) $40,000,000 Water and Sewer System Revenue Bonds, Series of 2000, (e) $28,000,000 Water and Sewer System Revenue Bonds, Series of 2002, and (f) $92,700,000 Water and Sewer System Revenue and Refunding Bonds, Series of 2005. Section 9.602 Amendment to Section 101. The definition of "Utility Transfers" in Section 101 of the Master Resolution is hereby amended to read as follows: "Utility Transfers" shall mean annual transfers from the Residual Account to the City's general fund, as maybe approved by the City Council, as payments in lieu of taxes, in an annual amount equal to the lesser of $4,000,000 and 15% of the Net Assets Restricted for Operations, as shown on the City's audited financial statements. Utility Transfers are to compensate the City's general fund for loss of System Revenues because the System is owned by the City and is not a private entity. ARTICLE VII MISCELLANEOUS Section 9.701 Limitation of Rights. With the exception of the rights herein expressly conferred, nothing expressed or mentioned in or to be implied from this Ninth Supplemental Resolution is intended or shall be construed to give any person other than the parties hereto and the holders of the Series 2010 Bonds any legal or equitable right, remedy or claim under or in respect to this Ninth Supplemental Resolution or any covenant, condition or agreement herein contained, this Ninth Supplemental Resolution and all of the covenants, conditions and agreements hereof being intended to be and being for the sole and exclusive benefit of the holders of the Series 2010 Bonds as herein provided. Section 9.702 SNAP Investment. The Council has received and reviewed the Information Statement (the "Information Statement") describing the State Non-Arbitrage Program of the Commonwealth of Virginia ("SNAP") and the Contract Creating the State Non-Arbitrage Program Pool I (the "Contract"). The Council acknowledges the Treasury Board of the Commonwealth of Virginia is not, and 12 shall not be, in any way liable to the City in connection with SNAP, except as otherwise provided in the Contract. Section 9.703 Severability. If any provision of this Ninth Supplemental Resolution shall be held invalid by any court of competent jurisdiction, such holding shall not invalidate any other provision hereof. Section 5.704 Effective Date. This Nin1:h Supplemental Resolution shall take effect immediately. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: VV ~ ~. ~ J Finance Dep .lent ~ ~/~'~l l City o ey's Office 13 APPENDIX A DESCRIPTION OF THE 2010 PROJECT CITY OF VIRGINIA BEACH, VIRGINIA WATER AND SEWER SYSTEM REVENUE BONDS SERIES OF 2010 The 2010 Project consists of extensions, improvements, enlargements, additions and replacements to the plants, systems, facilities, equipment or property owned, in whole or in part, acquired, operated or maintained by or on behalf of the City of Virginia Beach, Virginia, in connection with the collection, treatment or disposal of sanitary sewer and the supply, treatment, storage or distribution of water. The water system improvements include but are not limited to replacement of existing water mains, construction of new water mains, modification of existing pump stations and small line improvements. The sanitary sewer system improvements include but are not limited to construction of new gravity sanitary sewers, construction of new force mains, modification of existing pumping stations and construction of new pumping stations. A-1 APPENDIX B FORM OF TAX-EXEMPT BONDS Unless 1:his certificate is presented by an authorized representative of The Depository Trust Company, a New York corporation ("DTC"), to the issuer or its agent for registration of transfer, exchange, or payment, and any certificate is registered in the name of Cede & Co., or in such other name as is requested by an authorized representative of DTC (and any payment is made to Cede & Co. or to such other entity as is requested by an authorized representative of DTC), ANY TRANSFER, PLEDGE, OR OTHER U5E HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, Cede & Co., has an interest herein. REGISTERED R- UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH Water and Sewer System [Refunding] Revenue Bond, Series of 2010[A] [B] [C] (Tax-Exempt) REGISTERED INTEREST RATE MATURITY DATE DATED DATE CUSIP October 1, _, 2010 _ REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: DOLLARS The City of Virginia Beach, Virginia (the "City"), for value received, hereby promises to pay upon surrer.~der hereof at the [principal] corporate trust office of The Bank of New York Mellon Trust Company, N.A. (the "Registrar"), solely from the source and as hereinafter provided, to the registered owner hereof, or registered assigns or legal representative, the principal sum stated above on the maturity date stated above, subject to prior redemption as hereinafter provided, and to pay, solely from such source, interest hereon semiannually on each April 1 and October 1, beginning October 1, 2010, at the annual rate stated above, calculated on the basis of a 360-day year of twelve 30-day months. Interest is payable (a) from the Dated Date, if this Bor-d is authenticated prior to October 1, 2010, or (b) otherwise from the April 1 or October 1 that is, or immediately precedes, the date on which this Bond is authenticated (unless payment of interest hereon is in default, in which case this Bond shall bear interest from the date to which interest has been paid). Interest is payable by check or draft mailed to the registered owner hereof at his address as it appears on the 15th day of the month preceding each interest B-1 payment date on registration books kept by the Registrar. Principal, premium, if any, and interest are payable in lawful money of the United States of America. Notwithstanding any other provision hereof, this Bond is subject to a book entry system maintained by The Depository Trust Company ("DTC") and the payment of principal and interest, the providing of notices and other matters will be made as described in the City's Blanket Letter of Representations to DTC. This Bond is one of an issue of $ Water and Sewer System [Refunding] Revenue Bonds, Series of 2010[A][B][C] (Tax-Exempt) (the "Bonds"), of like date and tenor, except as to number, denomination, rate of interest, privilege of redemption and maturity, authorized and issued pursuant to ordinances and resolutions adopted by the City Council including a resolution adopted on February 11, 1992, as previously supplemented and as supplemented and amended by a resolution adopted on _, 2010 (collectively, the "Resolution"), and the Constitution and statutes of the Commonwealth of Virginia, including the City Charter and the Public Finance Act of 1991, to provide funds, together with other available funds, to pay the cost of the acquisition and construction of improvements and extensions to the City's water and sanitary sewer system (the "System"), as more fully described in the Resolution. The Bonds and the premium, if any, and the interest thereon are limited obligations of the City and are payable solely from the revenues to be derived from the ownership or operation of the System, as the same may from time to time exist, except to the extent payable from the proceeds of the Bonds, the income, if any, derived from the investment thereof, certain reserves, income from investments pursuant to the Resolution or proceeds of insurance, which revenues and other moneys have been pledged as described in the Resolution to secure payment thereof. The Bonds, the premium, if any, and the interest thereon are payable solely from the revenues pledged thereto in the Resolution, and nothing herein or in the Resolution shall be deemed to create or constitute an indebtedness of or a pledge of the faith and credit of the Commonwealth of Virginia or of any county, city, town or other political subdivision of the Commonwealth, including the City. The Bonds are issued under and are equally and ratably secured on a parity with the unpaid balance of the City's $1,405,031.36 Taxable Water and Sewer System Revenue Bond, Series of 1994, $7,500,000 Taxable Water and Sewer System Revenue Bond, Series of 1997, $6,200,000 Taxable Water and Sewer System Revenue Bond, Series of 1998, $40,000,000 Water and Sewer System Revenue Bonds, Series of 2000, $28,000,000 Water and Sewer System Revenue Bonds, Series of 2002, and $92,700,000 Water and Sewer System Revenue and Refunding Bonds, Series of 2005 (collectively, the "Parity Bonds"), to the extent set forth in the Resolution. Reference is hereby made to the Resolution and all amendments and supplements thereto for a description of the provisions, among others, with respect to the nature and extent of the security, the rights, duties and obligations of the City, the rights of the holders of the Bonds and the terms upon which the Bonds are issued and secured. Additional bonds ranking equally with the Bonds and the Panty Bonds maybe issued on the terms provided in the Resolution. The Bonds are subject to redemption beginning _, , in whole or in part at any time, at the option of the City, at a redemption price equal to [100]% of the principal amount of Bonds to be redeemed plus interest accrued and unpaid to the redemption date. B-2 Bonds m~~turing on _, , aze required to be redeemed prior to maturity, in part, in accordance with the sinking fund requirements of Section 9.402 of the resolution adopted on _, 2010, on _ in years and amounts upon payment of [100]% of the principal amount thereof plus interest accrued to the redemption date, as follows: Year Amount Year Amount The amount of the Bonds required to be redeemed pursuant to the preceding paragraph maybe reduced i.n accordance with provisions of the Resolution. If less than all the Bonds are called for redemption, the maturities of the Bonds to be redeemed shall t-e selected in such manner as the City Manager or the chief financial officer of the City may determine to be in the best interest of the City. If less than all of the Bonds of any maturity are called for redemption, the Bonds to be redeemed shall be selected by DTC or any successor securities depository pursuant to its rules and procedures or, if the book entry system is discontinued, shall be selected by the Registrar by lot in such manner as the Registraz in its discretion may determine. In either case, (a) the portion of any Bond to be redeemed shall be in the principal amount of $5,000 or some integral multiple thereof and (b) in selecting Bonds for redemption, each portion of $5,000 principal amount shall be counted as one bond for this purpose. If a portion of a Bond is called for redemption, a new Bond in principal amount equal to the unredee:m,ed portion thereof will be issued to the registered owner upon the surrender hereof. The Registraz will cause notice of the call for redemption identifying the Bonds or portions thereof to be redeemed, not less than 30 nor more than 60 days prior to the redemption date, (1) by facsiimile or electronic transmission, registered or certified mail or overnight express delivery, to the holder of each Bond to be redeemed at his address as it appears on the registration bool~:s kept by the Registrar, (2) by facsimile or electronic transmission, registered or certified mail oi• overnight express delivery, to all organizations registered with the Securities and Exchange Commission as securities depositories, and (3) to the Electronic Municipal Market Access (EMMA.) system (established by the Municipal Securities Rulemaking Board) or any other nationally recognized municipal securities information repository designated as such by the Securities and Exchange Commission. Provided, funds for their redemption aze on deposit at the place of payment on the redemption date;, all Bonds or portions thereof so called for redemption shall cease to bear interest on such date, shall no longer be secured as set forth in the Resolution and shall not be deemed to be outstanding under the provisions of the Resolution. The registered owner of this Bond shall have no right to enforce the provisions of the Resolution or t~~ institute action to enforce the covenants therein or to take any action with respect to any Event of Default under the Resolution or to institute, appear in or defend any suit or other proceedings with respect thereto, except as provided in the Resolution. Modifications or alterations of the Resolution, or of any supplement thereto, may be made only to the extent and in the circumstances permitted by the Resolution. B-3 The Registrar shall treat the registered owner as the person exclusively entitled to payment of principal, premium, if any, and interest and the exercise of all other rights and powers of the owner, except that interest payments shall be made to the person shown as owner on the 15th day of the month preceding each interest payment date. All acts, conditions and things required to happen, exist or be performed precedent to and in the issuance of this Bond have happened, exist and have been performed. This Bond shall not be valid or be entitled to any security or benefit under the Resolution until the Registrar shall have executed the Certificate of Authentication appearing hereon and inserted the date of authentication hereon. B-4 IN WITI`1ESS WHEREOF, the City of Virginia Beach, Virginia, has caused this Bond to be signed by the manual signature of its Mayor, to be countersigned by the manual signature of its Clerk, its se:al to be impressed hereon, and this Bond to be dated the Dated Date. COUNTERSIGr~ED: (SEAL) Clerk, City of Virginia Beach, Virginia Mayor, City of Virginia Beach, Virginia Date Authenticated: B-5 CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds described in the within-mentioned Resolution. Registrar By Authorized Signature B-6 ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sell(s), assign(s) and transfer(s) unto (please print or typewrite name and address including zip code of Transferee) PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF TRANSFEREE the within-menti~~ned Bond and all rights thereunder, hereby irrevocably constituting and appointing Attorney, to transfer said Bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated: Signature Guarar-teed NOTICE: Signature(s) must be guaranteed by an Eligible Guarantor Institution such as a Commercial Bank, Trust Company, Securities Broker/Dealer, Credit Union or Savings Association who is a member of a medallion program approved by The Securities Transfer Association, Inc. (Signature of Registered Owner) NOTICE: The signature above must correspond with the name of the registered owner as it appears on the front of this bond in every particular, without alteration or enlargement or any change whatsoever. B-7 APPENDIX C FORM OF TAXABLE BONDS Interest on this bond is intended by the issuer thereof to be included in gross income for federal income tax purposes. Unless this certificate is presented by an authorized representative of The Depository Trust Company, a New York corporation ("DTC"), to the issuer or its agent for registration of transfer, exchange, or payment, and any certificate is registered in the name of Cede & Co., or in such other name as is requested by an authorized representative of DTC (and any payment is made to Cede & Co. or to such other entity as is requested by an authorized representative of DTC), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, Cede & Co., has an interest herein. REGISTERED R- UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH Water and Sewer System Revenue Bond, Series of 2010A (Taxable -Build America Bonds) REGISTERED INTEREST RATE MATURITY DATE DATED DATE CUSIP October 1, _, 2010 _ REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: DOLLARS The City of Virginia Beach, Virginia (the "City"), for value received, hereby promises to pay upon surrender hereof at the [principal] corporate trust office of The Bank of New York Mellon Trust Company, N.A. (the "Registrar"), solely from the source and as hereinafter provided, to the registered owner hereof, or registered assigns or legal representative, the principal sum stated above on the maturity date stated above, subject to prior redemption as hereinafter provided, and to pay, solely from such source, interest hereon semiannually on each April 1 and October 1, beginning October 1, 2010, at the annual rate stated above, calculated on the basis of a 360-day year of twelve 30-day months. Interest is payable (a) from the Dated Date, if this Bond is authenticated prior to October 1, 2010, or (b) otherwise from the April 1 or C-1 October 1 that is., or immediately precedes, the date on which this Bond is authenticated (unless payment of interest hereon is in default, in which case this Bond shall bear interest from the date to which interest has been paid). Interest is payable by check or draft mailed to the registered owner hereof at his address as it appears on the 15th day of the month preceding each interest payment date on registration books kept by the Registrar. Principal, premium, if any, and interest are payable in lawful money of the United States of America. Notwithstanding any other provision hereof, this Bond is subject to a book entry system maintained by The Depository Trust Company ("DTC") and the payment of principal and interest, the providing of notices and other matters will be made as described in the City's Blanket Letter of Representations to DTC. This Bond is one of an issue of $ Water and Sewer System Revenue Bonds, Series of 2010A (Taxable -Build America Bonds) (the "Bonds"), of like date and tenor, except as to number, denomination, rate of interest, privilege of redemption and maturity, authorized and issued pursuant to ordinances and resolutions adopted by the City Council including a resolution adopted on February 11, 1992, as previously supplemented and as supplemented and amended by a resolution adopted on _, 2010 (collectively, the "Resolution"), and the Constitution and statutes of tl~.e Commonwealth of Virginia, including the City Charter and the Public Finance Act of 1991, to provide funds, together with other available funds, to pay the cost of the acquisition and construction of improvements and extensions to the City's water and sanitary sewer system (the "System"), as more fully described in the Resolution. The Boncis and the premium, if any, and the interest thereon are limited obligations of the City and are payable solely from the revenues to be derived from the ownership or operation of the System, as the same may from time to time exist, except to the extent payable from the proceeds of the 13onds, the income, if any, derived from the investment thereof, certain reserves, income from investments pursuant to the Resolution or proceeds of insurance, which revenues and other mone3~s have been pledged as described in the Resolution to secure payment thereof. The Bonds, the premium, if any, and the interest thereon are payable solely from the revenues pledged thereto in the Resolution, and nothing herein or in the Resolution shall be deemed to create or constitlzte an indebtedness of or a pledge of the faith and credit of the Commonwealth of Virginia or of any county, city, town or other political subdivision of the Commonwealth, including the City. The Bonds are issued under and are equally and ratably secured on a parity with the unpaid balance of the City's $1,405,031.36 Taxable Water and Sewer System Revenue Bond, Series of 1994, $7,500,000 Taxable Water and Sewer System Revenue Bond, Series of 1997, $6,200,000 Taxable Water and Sewer System Revenue Bond, Series of 1998, $40,000,000 Water and Sewer System Revenue Bonds, Series of 2000, $28,000,000 Water and Sewer System Revenue Bonds, Series of 2002, and $92,700,000 Water and Sewer System Revenue and Refunding Bonds, Series of 2005 (collectively, the "Parity Bonds"), to the extent set forth in the Resolution. ReiFerence is hereby made to the Resolution and all amendments and supplements thereto for a description of the provisions, among others, with respect to the nature and extent of the security, the rights, duties and obligations of the City, the rights of the holders of the Bonds and the terms upon which the Bonds are issued and secured. Additional bonds ranking equally with the Bonds ~md the Parity Bonds maybe issued on the terms provided in the Resolution. C-2 Optional Redemption. The Bonds are subject to redemption beginning October 1, , in whole or in part at any time, at the option of the City, at a redemption price equal to [100]% of the principal amount of Bonds to be redeemed plus interest accrued and unpaid to the redemption date. Mandatory Redemption. Bonds maturing on October 1, ,are required to be redeemed prior to maturity, in part, in accordance with the sinking fund requirements of Section 9.402 of the resolution adopted on =, 2010, on _ in years and amounts upon payment of [100]% of the principal amount thereof plus interest accrued to the redemption date, as follows: Year Amount Year Amount The amount of the Bonds required to be redeemed pursuant to the preceding paragraph maybe reduced in accordance with provisions of the Resolution. Extraordinar~Optional Redemption of Bonds Due to Loss of Build America Bond Status. Prior to ,the Bonds are subject to redemption prior to their maturity at the option of the City, in whole or in part, upon the occurrence of an Extraordinary Build America Bond Event (as hereinafter defined) at a redemption price equal to the greater of: . (i) 100% of the principal amount of the Bonds to be redeemed; and (ii) The sum of the present value of the remaining scheduled payments of principal and interest to the maturity date of the Bonds to be redeemed, not including any portion of those payments of interest accrued and unpaid as of the date on which the Bonds are to be redeemed, discounted to the date on which the Bonds are to be redeemed on asemi-annual basis, assuming a 360-day year consisting of twelve 30-day months, at the Treasury Rate (as hereinafter defined), plus 100 basis points; plus, in either case, accrued interest on such Bonds to be redeemed to the redemption date. An "Extraordinary Build America Bond Event" will have occurred if a material adverse change has occurred to Section 54AA or 6431 of the Code (as such Sections were added by Section 1531 of the Recovery Act, pertaining to "Build America Bonds") or there is any guidance published by the Internal Revenue Service or the United States Treasury with respect to such Sections or any other determination by the Internal Revenue Service or the United States Treasury, which determination is not the result of any act or omission by the City to satisfy the requirements to qualify to receive the Federal Subsidy from the United States Treasury, pursuant to which the City's 35% Federal Subsidy from the United States Treasury is reduced or eliminated. "Treasury Rate" means, as of any redemption date, the yield to maturity as of such redemption date of United States Treasury securities with a constant maturity (as compiled and published in the most recent Federal Reserve Statistical Release H.15 (519) that has become publicly available at least two Business Days prior to the redemption date (excluding inflation C-3 indexed securities) (or, if such Statistical Release is no longer published, any publicly available source of similar market data)) most nearly equal to the period from the redemption date to the maturity date o:F the Bonds to be redeemed; provided, however, that if the period from the redemption date to such maturity date is less than one year, the weekly average yield on actually traded United States Treasury securities adjusted to a constant maturity of one year will be used. The redemption price of such Bonds to be redeemed will be determined by an independent accounting firm, investment banking firm or financial advisor retained by the City to calculate such. redemption price. The City may conclusively rely on the determination of such redemption price by such independent accounting firm, investment banking firm or financial advisor and will not be liable for such reliance. If less than all the Bonds are called for redemption, the maturities of the Bonds to be redeemed shall be selected in such manner as the City Manager or the chief financial officer of the City may determine to be in the best interest of the City. If less than all of the Bonds of a particular maturity are called for redemption, the particular Bonds to be redeemed will be selected on a pro-rata basis. With respect to such Bonds sold, "pro rata" is determined, in connection with any mandatory sinking fund redemption or any optional redemption in part, by multiplying the :principal amount of such maturity to be redeemed on the applicable redemption date by a fraction, the numerator of which is equal to the principal amount of the Bond of such maturity owned by the registered owner, and the denominator of which is equal to the total amount of the )=tonds of such maturity then outstanding immediately prior to such redemption date, and then rounding the product down to the next lower integral multiple of $5,000; provided that the portion of any Bonds to be redeemed are required to be in authorized denominations and all Bonds of a maturity to remain outstanding following any redemption are required to be in authorized denominations. Notwithstanding the foregoing, if the Bonds are in book-entry form at the time of such redemption, the City will instruct DTC to instruct the DTC participants to select the specifiic Bonds for redemption by lot within maturities among Beneficial Owners, and the City shall not have any responsibility to ensure that DTC or the DTC participants properly select such Boncts for redemption.. In either case, (a) the portion of any Bond to be redeemed shall be in the principal amount of $5,000 or some integral multiple thereof and (b) in selecting Bonds for redemption, each portion of $5,000 principal amount shall be counted as one bond for this purpose. If a portion of a Bond is called for redemption, a new Bond in principal amount equal to the unredeemed portion thereof vvill be issued to the registered owner upon the surrender hereof. The Registrar will cause notice of the call for redemption identifying the Bonds or portions thereof to be redeemed, not less than 30 nor more than 60 days prior to the redemption date, (1) by facsimile or electronic transmission, registered or certified mail or overnight express delivery, to the holder of each Bond to be redeemed at his address as it appears on the registration books kept by the Registrar, (2) by facsimile or electronic transmission, registered or certified mail or overnight express delivery, to all organizations registered with the Securities and Exchange Commission as securities depositories, and (3) to the Electronic Municipal Market Access (EMMA.) system (established by the Municipal Securities Rulemaking Board) or any other nationally recognized municipal securities information repository designated as such by the Securities and Exchange Commission. C-4 Provided funds for their redemption are on deposit at the place of payment on the redemption date, all Bonds or portions thereof so called for redemption shall cease to bear interest on such date, shall no longer be secured as set forth in the Resolution and shall not be deemed to be outstanding under the provisions of the Resolution. The registered owner of this Bond shall have no right to enforce the provisions of the Resolution or to institute action to enforce the covenants therein or to take any action with respect to any Event of Default under the Resolution or to institute, appear in or defend any suit or other proceedings with respect thereto, except as provided in the Resolution. Modifications or alterations of the Resolution, or of any supplement thereto, may be made only to the extent and in the circumstances permitted by the Resolution. The Registrar shall treat the registered owner as the person exclusively entitled to payment of principal, premium, if any, and interest and the exercise of all other rights and powers of the owner, except that interest payments shall be made to the person shown as owner on the 15th day of the month preceding each interest payment date. All acts, conditions and things required to happen, exist or be performed precedent to and in the issuance of this Bond have happened, exist and have been performed. This Bond shall not be valid or be entitled to any security or benefit under the Resolution until the Registrar shall have executed the Certificate of Authentication appearing hereon and inserted the date of authentication hereon. C-5 IN WITNESS WHEREOF, the City of Virginia Beach, Virginia, has caused this Bond to be signed by the manual signature of its Mayor, to be countersigned by the manual signature of its Clerk, its sE;al to be impressed hereon, and this Bond to be dated the Dated Date. COUNTERSIGI`tED: (SEAL) Clerk, City of Virginia Beach, Virginia Mayor, City of Virginia Beach, Virginia Date Authenticated: C-6 CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds described in the within-mentioned Resolution. Registrar By Authorized Signature C-7 ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sell(s), assign(s) and transfer(s) unto (please print or typewrite name and address including zip code of Transferee) PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF TRANSFEREE the within-mentioned Bond and all rights thereunder, hereby irrevocably constituting and appointing Attorney, to transfer said Bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated: Signature Guaranteed NOTICE: Signature(s) must be guaranteed by an Eligible Guarantor Institution such as a Commercial Bank, Trust Company, Securities Broke~-/Dealer, Credit Union or Savings Association who is a member of a medallion program approved by The Securities Transfer Association, Inc. (Signature of Registered Owner) NOTICE: The signature above must correspond with the name of the registered owner as it appears on the front of this bond in every particular, without alteration or enlargement or any change whatsoever. C-8 APPENDIX D NOTICE TO BONDHOLDERS NOTICE OF AMENDMENT TO MASTER RESOLUTION CITY OF VIRGINIA BEACH, VIRGINIA Taxable Water and Sewer System Revenue Bond, Series of 1994 Taxable Water and Sewer System Revenue Bond, Series of 1997 Taxable Water and Sewer System Revenue Bond, Series of 1998 Water and Sewer System Revenue Bonds, Series of 2000 [CUSIPS & Maturities] Water and Sewer System Revenue Bonds, Series of 2002 [CUSIPS & Maturities] Water and Sewer System Revenue and Refunding Bonds, Series of 2005 [CUSIPS & Maturities] The Bank of New York is Bond Registraz for the above-captioned bonds (the "Bonds"), which were issued under a Master Resolution adopted by the City Council (the "City Council") of the City of Virginia Beach, Virginia (the "City"), on Februazy 11, 1992, as previously supplemented and amended (the "Master Resolution"). The purpose of this Notice is to notify Bondholders that the Master Resolution has been amended. Capitalized terms used and not defined herein shall have the meanings ascribed to them in the Master Resolution. The amendment relates to the amount the City is permitted to transfer annually from the Residual Account to the City's general fund ("Utility Transfers"). Prior to the effective date of the amendment, "Utility Transfers" were limited to an amount not to exceed 2% of the increase of retained earnings of the System for the immediately preceding fiscal yeaz over the next previous fiscal year, as shown on the City's audited financial statements, to compensate the City for general revenue it would otherwise have received had the System been owned by a private operator. The amendment allows annual transfers as may be approved by City Council, as payments in lieu of taxes, in an annual amount equal to the lesser of $4,000,000 and 15% of the Net Assets Restricted for Operations, as shown on the City's financial statements. Transfers from the Residual Account aze permitted only after the payment of debt service on the Bonds. A copy of the Master Resolution and the amendment may be obtained from the Clerk of the City upon written request (addressed to the attention of the Department of Finance, Municipal Center, Virginia Beach, Virginia 23456), together with satisfactory evidence that the requestor is a holder of a Bond. No amendments were made to the terms of the Bonds. CUSIP Numbers are included solely for the convenience of the Bondholders. Neither the City nor The Bank of New York D-1 shall be responsible for the selection or use of the CUSIP Numbers, nor is any representation made as to its correctness on any bond or as indicated in any notice. THE BANK OF NEW YORK, as Registrar Dated: , D-2 City of Virginia Beach Department of Public Utilities Municipal Center, Building 2 •2405 Courthouse Drive • Virginia Beach, VA 23456-9034 DRAFT Financial Feasibility Report Series 2010 Water and Sewer Revenue Bonds May 2010 Report Prepared By: s.~ ~~ ~ REI?~ ~~i ~. C~I~SU LT I 1`~IG 4 DIY161ON 0/ NALC OLM lIRMIC 310 Bendix Road, Suite 410 Virginia Beach, VA 23452 0153443 757-419-3970 Table of Contents Conteni:s 1hucti~o~ . - 1.1 1.1. Pvrpose .........................................................................................................................1-1 1.2. System Overview .......................................................................................................... 1-1 1.3. A~eport Organization .................. .................................................................................... i •2 2. arvanizatian and Man ent 2.1 2,1. O~rgarlization ................................................................................,...,............................. 2-1 22. Mlanagement .................................................................................................................2-1 3Water Deacri ion 3-1 3.1. History of Water Systern .............................................................................................. 3-~ 3.2. '4~rater System Descriptian ......................................................................................... 3.2 3.2.1. Source of Suppiy ....................................................................................... ~+. 3-2 3.2.2. Water Treatment ............... ....................................................................... 3-3 3.2.3. Water Transmission and Distribution ............................................................ 3-4 3.2.3.1, Rump Stations ..................................................................................... 3-4 3,2.3.2. Water Storage .................................................................................... 3-5 3.3. Water System Condition ............................................................................................... 3-7 3.4. Water System Service Area .......................................................................................... 3-7 3.5. Water Demand ........................................................................................................... 3-9 3.8. Inter-Dovemmentaf Agreements ............................................................................... 3-10 3.16.1. Norfolk Water Services Contract.. ........................................................ 3-10 3.+B.2. Wheeling Agreement with the U.S. Government ...................................,.... 3-11 3.7. E~risting Water Rates .................................................................................................. 3.11 4. itary Se~-er Svst+em [)escriatian 41 4.1. History of Sanitary Sewer System ............................................................................... 4.1 4.2. S~rnitary Sewer System Oescription ............................................................................. 4-2 4.3. Sanitary Sewer System Condition ............................................................................... 44 4.4. Sanitary Sewer System Service Area .......................................................................... 4.4 4.5. E~:istirlg Sanitary Sewer Rates ...................................................................................... 4-5 5. Genital Improvement Plan 5.1 5.1. lntroduction ................................................................................................................... 5-1 5.2, DErscription of Water System Projects .................. ........................................................ 5-1 5.3. De~scrip#ion of Sanitary Sewer Rrojects ....................................................................... 5-2 nancial Feasibili ~~ ` s ~ : ~FQe?r`~ ~ City of Virginia Beach ..~ " `• • consuz-r~NC Finprlcia) Feasibility Rt~«t D . • ,~•~•~•• •• ,•,~••• •,•»" 0!5340} Lkaft Frnartcisl Feasibility Report Table of Contents fi.1. Historical and Projected Revenues ............................................................................... fi-1 6.1.1. Historical Revenues ...................................................................................... 6-1 fi.1.2. Projected Revenues ......................................... ,.. ........,.....,,....,....... 6-1 6.1.2.1. Projected Water and Sewer Accounts and Water Demand ................ 6-2 6.1.2.2. Projected Water and Sewer Aates ..................................................... &-4 6.1.3. Projected Rate Revenues ........................................................................... .. fr7 6.1.4. Projected Other Revenues .......................................................................... .. 6-7 6,2. Historical and Projected O&M Expense .........................................,,...,.,........, ........... .. 8-8 fi.3. Capital Improvement Plan Funding ........................................................................... .. 6-8 fi.4. Historic and Projected Debt Service ........................................................................... 8-10 8.4.1. Debt Service Coverage Requirements ........................................................ 8-1d 6.4.2. Debt Management Pdicies ......................................................................... 8-12 ~. Canclusian 7-1 7.1. Condusions......................,,......... .............................,..................»......,.....,,,....,,............7-1 7.2. Considerations and Assumptions ................................................................................. 7-2 List of Tables Table 3-1: Wafer Purnp Station Locations and Capacities .......................................................... 3-5 Table 3-2: Water System Storage ............................................................................................... 3-s Table 3-3: Water Account History ................................................................................................ 3-8 Table 3-4: Water Demand History ............................................................................,.....,.....,... 3-9 .. Table 3-5: Average Annual Norfolk Water Rate Charged to the City ........................................ 3-10 Table 3-6: Summary of Historical and Existing Water Rates .................................................... 3-12 Table 4-1: Sanitary Sewer Pump Station Summary .................................................................... 4-3 Table 4-2: Sewer Account History ............................................................................................... 4-5 Table 4.3: Summary of Historical and Existing Sewer Rates.... .................................................. 4-fi Table 5-1: Water and Sewer Capital Improvement Plan ............................................................. 5-1 Table 6-1: Historical Water and Sewer Revenues ...................................................................... fi-2 Table 6-2: Projection of Water Accounts and Billed Water Consumptiexl ................................... 6-3 Table fi-3: Projection of Sewer Acoounts .................................................................................... 8-4 Table fi-5: Anticipated Sewer Rates FY 2011Through FY 2015 ................................................. 6-6 Table 6-6: Cash Flow Forecast .................................................................................................. 6-12 Table 6-7: Projected Debt Service Coverage ............................................................................. 6-1$ ~: `, ~Q~~ ~ City of Virginia Beach °~ ~ CONSULTWC Financial FeasibilityRept-rt ii •~•~•~••.~ •~.~•~• •~+-~~ 0153443 Draft >anancial Feasibility Report Table of Contents FI UirBS .. . Fgure 3.1 Lake Gaston Facilities .................................................................... FoRawing Page 3-3 Figure 3-2 Existing Water and Sewer Service Area ........................................... Followirx,~ Page 3-7 F' ItEQf)A }~ City of Virginia Beach a' `CONSULTING Financial Feasibility Report iii • •••,•••~• •• ••••••• ••••~t OIS.i443 Drafi Financial Feasibiii~y Repon 1. Introduction 1.1. Purpose This report has been prepared by Red Oak Consulting, a Division of Malcolm Pirnie, Inc. ("Red Oak") to document our evaluation of the financial feasibility of the City of Virginia Beach, Virginia ("City"), Department of Public Utilities (the "Department") Water and Sewer Enterprise Fund to generate revenues sufficient to provide for the payment of operating expenses and debt service, and achieve required financial performance measures, such as debt service coverage and reserves. The City intends to issue approximately $65 million in Series 2010 Water and Sewer Bonds in calendar year 2010. The proceeds are to be used to fund water and sewer utility capital projects. 1.2. System overview The Department provides water and sanitary sewer services to approximately 433,511 people in Virginia Beach. The City maintains a Water and Sewer Fund, which is a separate and independent enterprise fund. The City's fiscal year starts on July 1~` of each year. The Department purchases water treatment and conveyance services from the City of Norfolk under a Water Services Contract. Water is conveyed to approximately 131,00(} customers through aCity-owned transmission and distribution system. The water system is comprised of more than 1,400 miles of transmission and distribution mains, twelve distribution storage tanks, and nine pumping stations (including the Lake Gaston raw water pump station). The demand far water has increased over the past 10 years (from fiscal year ("FY") 1998 to FY 2008) along with residential and commercial development. However, the average usage per account has decreased slightly over the same period. Average daily water use was approximately 35.4 million gallons per day (mgd) in 2008 and 33.8 mgd in 2009. The Department also provides water to U.S. Government establishments in the City that are customers of the City of Norfolk. Under the terms of an agreement with the U.S. Government, the City "wheels" water purchased by the U.S. Government from the City of Norfolk for delivery through City water lines to U.S. Government establishments. The City is reimbursed for the cost of wheeling water at a rate of $0.44 per thousand gallons, and wheeling revenue amounts to approximately $150,000 to $190,000 per yeaz. Sanitary sewer services are provided to approximately 129,000 customers through a network of collection lines, force mains, and pump stations. The sanitary sewer system '~a «; REI~~'t K Ctyof Virginia Beach '-' C4NSU LTI NG Financial Feasibllfty Report 7 -1 ................. ...,.,, 0153443 Draft Financial Feasibility RopoA Section 1 Introduction consists oi' 1,621 miles of pipeline, and 405 sewer pumping stations. Wastewater is conveyed from individual properties to one of two wastewater treatment plants owned and operated by the Hampton Roads Sanitation District ("HRSD"). City customers pay a commadity charge for treatment of wastewater to HRSD, in addition to the City's charge for sanitary sewer collection. 1.3. Report Organization In addition to this Introduction section, this report contains the following sections: ^ Section 2 -Organization and Management -This section provides a description of the City's Water and Sewer Fund and its organization and management. ^ Section 3 -Water System Description -This section provides a summary of the water system service area, system facilities, inter-municipal agreements, and existing and anricipated future system demands. ^ Section 4 -Sanitary Sewer System Description -This section provides a summary of the :sanitary sewer system service area, system facilities, and existing and anticipated future system demands. ^ Section 5 -Capital Improvement Plan -This section describes the planned capital improvements and the estimated project costs. ^ Section 6 -Financial Feasibility -This section contains a projection of the financial condition of the City's Water and Sewer Fund, projected revenues, expenditures, project+~d debt service coverage, and projected user charges. ^ Section 7 -Conclusion -This section contains conclusions of the study and an opiniari of financial feasibility for the proposed bond issuance. . ,'®~6 ; RE~_~A ~ City or Virginia Bach ` CO(~!SU LTl Nc_, Rnancial Feasibility Report ~.Z • °~^•~•• •• •~••••• •~•-~~ Oi53443 Draft Financial Feasibility Report 2.Organization and Management 2.1.Organization The City's Department of Public Utilities is organized into four divisions, namely: the Director's Office, Engineering, Operations and Maintenance, and Business. The Department has approximately 404 employees. The Director of Public Utilities oversees the operation of each of the four divisions. The Engineering Division Manager oversees the Capital Improvements Fund, manages the development and administration of this Division, and coordinates engineering and administration for the City's raw water supply. The Utility Operations Division Manager oversees the Operations and Maintenance Division, including the operation and maintenance of the water distribution and sanitary sewer collection system. The Business Division Manager is responsible for human resources, customer service, finance, and administration. 2.2. Management Mr. Thomas M. Leahy, III is the Director of Public Utilities and has been in his present position since May 2005. He was previously Acting Director of Public Utilities from March 2003 through Apri12005 and Water Resources Manager of Public Utilities from July 1980 through February 2003. He has a Bachelor of Science in Chemical Engineering, a Master of Science in Chemical Engineering, and a Masters in Public Administration. He is a registered Professional Engineer and is a member of the American Water Works Association, National Society of Professional Engineers, American Desalting Association, and Association of Metropolitan Water Agencies. Mr. Gary L. Jones is the Engineering Division Manager of Public Utilities and has 33 years of experience with the Dcpartment. He bas served as the Engineering Manager for the past l4 years and the Assistant Director of Public Utilities for the 10 years prior to serving as the Engineering Manager. He has a Bachelor of Science in Civil Engineering and has participated in continuing education classes in Management. He is a registered Professional Engineer, a Registered Land Surveyor, and is a member of the American Water Works Association, American Society of Civil Engineers, National Society of Professional Engineers, and Virginia Society of Professional Engineers. Mr. James W. Sarver is the Utility Operations Division Manager and has worked for the City of Virginia Beach for 34 years. He has served in his current position as Utility Operations Manager since 1992. He has a Bachelor of Science degree in Civil Engineering and a Masters degree in Engineering Administration. He is a registered Professional Engineer and is a member of the American Society of Civil Engineers and American Water Works Association. ° }: ~:: Rf ©~ '~ '~~ Cily of Virginia Beach CONSU l: f I NG Fnancial Feasibility Report 2-i ..-.........,..,, ..,.~. 0153443 Draft Financial Feasibility Report Section 2 Organization and Management Mr. Robert S. Montague, Jr. is the Business Division Manager and has 15 years of experience: with the Department of Public Utilities. He has served in his current position since 2001. He has a Bachelor of Arts in Government and a Masters in Public Administration. He is a member of the American Water Works Association. . "• ~~ ; REIN )fl h City of Virginia Seach • ` CO~lSULT[N~ FnancialFeasibilityReport 2-2 • •~•~•~•~~ •~ ••"••"- •~••~• OIS3443 Drag Fnancial Feasibility Repot 3. Water System Description 3.1. History of Water System The City's water system originated with the incorporation of the Town of Virginia Beach in 190b. The original town consisted principally of a resort area along a narrow section of beach frontage to the Atlantic Ocean. The water system included wells, water mains, pumps, and an iron removal plant. Treated water began to be purchased from the City of Norfolk in 1924, and was conveyed to the City through a 16-inch diameter transmission main. An additiona120-inch diameter main was installed from the City of Norfolk to the Town in 1944. The present City of Virginia Beach was created in 1963 through a merger of the Town of Virginia Beach with Princess Anne County. Water was supplied to residents through private wells, small private water systems and, in part, from the City of Norfolk. The City of Virginia Beach purchased the water distribution systems within its boundaries from Norfolk in 1973, and at that time entered into a 20-year contract to purchase water surpluses from the City of Norfolk. In 1975, a Department of Public Utilities was established to operate the City's Water and Sanitary Sewer Systems. In 1977, the City experienced a drought that caused the initiation of water conservation measures. Stricter mandatory measures were imposed upon citizens of the City during a more severe drought in 1980-81. Surcharges were also assessed for excessive water consumption. Conservation efforts were effective in sustaining the water resources on a short term basis; however, the drought accentuated the need to investigate additional water resources to meet the long-term demands of the City. In 1980 through 1981, the City, in an effort to mitigate water supply constraints, had commissioned numerous studies and imposed water restrictions and surcharges for excessive water consumption. The City had also constructed five emergency wells in the City of Suffolk and Counties of Isle of Wight and Southampton. An investigation into possible long-term sources of water supply led to the decision that Lake Gaston was the best alternative source of raw water. Construction of Lake Gaston was completed in 1997 to meet the long-term water demands of the City and in response to drought conditions. The Lake Gaston water supply is an existing impounded water supply source that was created by dams on the ~` ~ ~~ _, City of Yrginia Beach ~~' ~ CONSULTING FinanclalFeaslbrfityRaport 3-1 - . ..... >..., ~... -~..,. 0153443 Draft Fnancial Feasibility Report Section 3 Water System Description Roanoke Ariver located just south of the Virginia border in North Carolina. Additional information pertaining to Lake Gaston is provided later in this section of the report. In 1973, the City signed a Water Sales Contract with the City of Norfolk to purchase water surpluses from the City of Norfolk. Anew Water Sales Contract was subsequently executed and became effective July 1, 1993. This new contract was intended to provide an interim water supply to the City until the Lake Gaston Project became operational and was terminated in January of 1998, except for certain sections that remained until June 30, 1999. The existing Water Services Contract with Norfolk became effective January 1, 1998 and is in effect until 2030. The Water Services Contract establishes engineering, water quality, anli operational standards for the City of Norfolk to receive, treat, convey, test, and deliver Lake Gaston water to the City. In late 200, the City changed its disinfection process in the distribution system from chlorine to chloramines. The change in the disinfection process was to lower disinfection byproducts in response to new and more stringent State and federal regulations. This change has resulted in a one-third reduction in disinfection byproducts in 2001 and improved disinfection performance, along with improved taste and odor. In 2001, the City resumed its annual City-wide flushing program. Flushing the City's public wate;;r distribution system of sediment built-up reduces discolored water, taste and odor problE:ms, and water quality degradation in the distribution system. In 2009, the City began a comprehensive asset management program consisting of asset planning, condition and criticality assessment, performance management and level of service program development. 3.2. Water System Description 3.2.1. Source of Supply The major ;source of water supply for the City is the Pca Hill Creek tributary of Lake Gaston, located in Brunswick County, Virginia. Prior to the completion of the Lake Gaston Project, the City had no independent water supply. The Lake C;aston water supply is an existing impounded water supply source that was created by ~9ams on the Roanoke River located just south of the Virginia border in North Carolina. Construction of Lake Gaston was completed in 1997 to meet the long-term water demands of the City and in response to drought conditions. The Lake Gaston Water Supply Project is a 7b-mile, 60-inch diameter pipeline extending from the Pea Hill Creek tributary of Lake Gaston in Brunswick County, Virginia to the City of Norfolk's raw water facilities locatccl in the County of Isle of Wight and the City of Suffolk. A ` • $ ` lt~l~l,~ l` City of Virginia Beach ~~ :` CONSULTING Anancial FeasibiliryRepon 3-2 _~•~•~•• •• •~.~•.• •••••~ QI53443 Draft Finanrial Feasibility Report Section 3 Water System Description graphical depiction of the Lake Gaston Project is shown in Figure 3-1. The pipeline was designed with a capacity of 60 mgd. The City receives 83.3 percent of the water transported from Lake Gaston. The City of Chesapeake entered into an agreement with the City of Virginia Beach fora 16.7 percent ownership of the Lake Gaston Project. Construction of the Lake Gaston Project was completed in November of 1997 and the pipeline was placed into operation on January 1, 1998. The cost of the completed Lake Gaston Project is estimated at approximately $153,866,000. As of June 30, 2009, the City had incurred expenditures of approximately $152,192,000 for the project. With the exception of $10,145,000 in bonds, all of the Lake Gaston Project expenditures have been paid for by cash, exemplifying the strong financial position of the Fund. The City of Chesapeake has paid $24,548,853 in capital costs and $1,759,284 in operating and maintenance expenses associated with the Project. On March 31, 2004, the Federal Energy Regulatory Commission ("FERC") issued a new, 40-year license for Lake Gaston that was consistent with a settlement agreement involving Dominion Resources regarding the Lake Gaston hydroelectric project, with the exception of minor issues not related to the City of Virginia Beach's interest. With the settlement agreement and the new license, the regulatory controversies and disputes that surrounded the construction and operation of the Lake Gaston pipeline are now officially concluded. In 2002, the City of Virginia Beach and the City of Norfolk reached an agreement whereby the City of Virginia Beach purchased Stumpy Lake, including adjacent lands and pumping facilities, from the City of Norfolk. Stumpy Lake is located in the City of Virginia Beach. Water from Stumpy Lake will be conveyed to the City of Norfolk for treatment in the same manner as water from Lake Gaston. The Water Services Contract has been amended to cover this new source of supply. The City of Virginia Beach is currently undertaking improvements to the Stumpy Lake facilities as part of its capital improvement program. The raw water sources of the City of Norfolk and City of Virginia Beach, including Lake Gaston are of high quality. Presently, treated water from the City of Norfolk distributed to the City of Virginia Beach is in compliance with the Virginia Department of Health and the U.S. Environmental Protection Agency requirements. 3.2.2. Water Treatment The City of Norfolk's Moores Bridges water treatment plant supplies water to the City of Virginia Beach. The plant is located near the border of the City of Norfolk and the City of Virginia Beach. The plant was originally constructed in 1899 with a capacity of eight mgd. The plant has been upgraded periodically throughout the years, most recently in 1999 when the plant was expanded from a capacity of 77 mgd to 108 mgd. Today the • r ; 1tEl~)'` ~• City of Virgieia Beach s' ` CONSULT[N~ Financial Feasibility Report ~ • • _•••-••-.• -••_•_• •••••* 0153443 [haft Financial Feasibility Repot ... -.__ ,~ - -- -~~~ ... „ , y 6 k r s { ~ ~ o ~ ~ ~ i T N ~"1 ~ ~ ~ _ N a ~ ~ ~ ~ w a~ ~ ___y~f. Q ~ ~ ~ ~ 4 ~~ o c O ~`~ L ~ ~ ~~ ~~ ~ ,~ ~ ~ _. J x ~~ _ ~ ~ U ., ~, a _ ~~ A Y ' _ a.. z ~~ o ~~ Q d ~ ~ ¢~eMOep ~- ~~f E ~ a ,~~ r r+ ~ ~ ~ ~ _ ~-,.... ~~ --~..f ~. i F ~~~~~ ~ ~ ~r f ~~ ~~ '' _~; ~ ~ ~ ~ ~~.~ ~~ ! o~ ~ e s~"~ ---tom r ~"' + ~ W q r 3 ~ f~ _ "°~ ° ~ ~"~ ~ ~ ~~ m Q ;~,. ~ ~ ~ ~ Sa J ~a ~''` ~ ~ _-- - ~ ~ ~ f ~ z ~ ~ `~ ~ v z n ~ ~ ~ v ~ _~ _ °~ ~_ ,., Y a } i N ' ~ , f _ ~ l u ~ 4; ~+ ,.. ,m ` n1 9 i q ~ ~ a w «,, p y e a, ~+, ~ .v. ~ ~ -. ?, ~ r, V .... ~ ,~~i - ~ ,• ~ ~ a • ~: ~ ( ( ( ~ 7h ~ '~ ~ x _ .r _._ e.,, ~ ~ Z w . E yq ~ ~ ~ ~~ ~ ____._ Section 3 Water System Description City of Norfolk has a program to meet the City of Virginia Beach's future needs in terms of water treatment and treated water transmission service. The City of Norfolk sources of supply for the Moores Bridge water treatment plant are divided into two systems. The largest is the Western Reservoir System consisting of Lake Prince, Western Branch Reservoir, and Lake Burnt Mills. The Western Reservoir System is located about 20 miles west of the City of Norfolk and can store 13.3 billion gallons of water. The western reservoirs are augmented by water pumped from the Blackwater River and the Nottoway River. The smaller reservoir system, the In-Town Lakes Sysicm, consists of interconnected surface supplies from Lake Wright, Lake Whitehurst, Lake Smith, and Lake Lawson. The In-Town Lake System has a storage capacity of 2.4 billion gallons of water and is located neaz the Moores Bridges Water Treatment Plant. The Pea Hill Creek tributary of Lake Gaston, located in Brunswick County, Virginia and Stumpy Lake, located in the City of Virginia Beach, provides water for the City. The water from Lake Gaston is transmitted to the Western Reservoir System via a 76 mile pipeline operated and maintained by Virginia Beach to the Western Reservoir System, and is treated at the Moores Bridges water treatment plant. In the future, water from Stumpy Lake will be transmitted via an eight mile pipeline operated and maintained by City to the City of Norfolk's In-Town Lakes System for treatment at the Moores Bridges water treatment plant 3.2.3. Water Transmission and Distribution The City receives treated, potable water from the City of Norfolk. The water is conveyed to approximately 131,000 customers through aCity-owned transmission and distribution system. The transmission and distribution system is comprised of approximately 1,482 miles of transmission and distribution mains, twelve distribution storage tanks and nine pumping stations (including the Lake Gaston raw water pump station). The transmission and distribution mains range in size from 2 to 48 inches in diameter, and are constructed of steel, concrete, cast iron, and ductile iron. Water distribution is monitored through 23 master meters at seven locations along the border of the two cities. The Department utilizes a programmed computerized model of the Water System to plan improvements and extensions to the water system. The model of the Water System was developed as part of an ongoing comprehensive water system study. The Department has a policy to repair all significant leaks in the system within 24 hours. 3.2.3.1. Pump Stations There are nine pumping stations in the water system, including the Lake Gaston raw water pump station. Eight pumping stations transfer water through three pressure zones ` ~ tt . IZEQ ' ~~, ` City of Virginia Beach ^ ° $ ~ ` CONSULTING Financial Feasibility Report ~ • , .~..~.., .... ,........, o1534d3 Drag Financial Feasibility Report Section 3 Water System Description within the service area. Maximum pumping capacities of the stations range from 0.8 to 60.0 mgd. A summary of the pump stations and pump station capacities is provided in Table 3-1. Table 3-1: Water Pump Station Locations and Capacities Pump Station _Pump Station Locations Capacity (m d) 1. Landstown 10.0 2. Kempsvitle Road 20.0 3. Columbus Loop 30.0 4. Witchduck 8.5 5. Lynnhaven 3p,p 6. Shore Drive 8,4 7. Sandbridge 0.8 8. Virginia Beach Boulevard 8.2 9. Lake Gaston g0,p The eight pumping stations conveying treated water can be monitored and aperated by telemetric ;and computer control from the City's Landstown Operations Center. The Landstown Operations Center is the City's water and sanitary sewer system operation and maintenance facility. This facility consists of administrative offices, vehicle, and equipment storage and maintenance facilities, a material storage yard, a water quality testing laboratory, a meter testing facility, and the operation and control center. The Lake (raston pumping station is controlled independently through an on-site control and monitoring system. The Lake Gaston facilities are operated and maintained by United Water Environmental Services, Inc., a private company, under aneight-year contract with the City of Virginia Beach. The current contract expires )uly 2011. 3.2,3.2 Water Storage Water storage within the distribution system is comprised of five elevated storage tanks, one ground level storage tank, and six standpipes, which are located at various points throughout the City. The total system storage capacity is 27.75 million gallons ("MG"). A summar~r of the system storage facilities and capacities is provided in Table 3-2. ~" RE@ •': -'~ City or Virginia Beach ~~ ° C4RISULTING Financial Feasibility Report • ~ ..~.•, .. >, .....,..,..,. 0153443 DraEl Fnanciai Feasibility Report Section 3 Water System Description Table &2: Water System Storage Storage Tank Storage Tank Storage Tank Location Capacity (MG) Type Elevated Storage: Courthouse/Forest 1.00 Elevated Great Neck Road i .00 Elevated Sandbridge 0.50 Elevated 47"' Street' 0.25 Elevated Plaza Park 1.00 Elevated Total Elevated Storage 3.75 Reservoir Storage: Lynnhaven 5.,4„0 Reservoir Standpipe Storage: Kempsville Road 3.00 Standpipe Columbus Loop I 4.00 Standpipe Columbus Loop II 4.00 Standpipe Witchduck 2.00 Standpipe Shore Drive 2.00 Standpipe 29'h Street2 4.00 Standpipe Total Standpipe Storage 19.00 Total System Storage 27.75 Currently being removed. ZCurrendy being replaced. The Department has developed and implemented an operation and maintenance program for system storage. The purpose of this program is to ensure safe and sanitary operation of the potable water storage tanks and extend the storage system's useful life. Recent and planned improvements include repainting and restoration of 10 tanks to meet structural, sanitary, and health regulations. Upgrades to six tanks have been completed Repainting and restoration of the Columbus Loop II Tank is scheduled in FY 2011. The 29th Street tank is being replaced due to a failing foundation. The new tank is anticipated to be in service in the spring of FY 2010. The 47th Street tank is hydraulically unnecessary and will be removed in FY 2010. Improvements to the three remaining tanks are scheduled for FY 2012 through FY 2015. Projects related to these efforts are: ^ Water Tank Upgrade Program Phase II (5-131); ' • . ; REi~~n ~ City of Virginia Beach • ~ =' CONSULTING Fnancial Feasibility Repot 3$ • • •~•~•~~• •• ~•«o•• ~•••~~ 015.'1443 Draft Financial Feasibility Repon Section 3 Water System Description ^ Water Tank Upgrade Program Phase III (5-167); ^ 29th Street Water Tank Replacement (5-600); and ^ Water Pumping Station and Tank Upgrade Program Phase I (5-501). 3.3. Waiter System Condition A visual inspection of the water system facilities was made on March 2, 2010. This inspection was limited to a visual inspection of a representative sample of water system facilities, including portions of the Lake Gaston pipeline, Lake Gaston intake and outfall structures, water pump stations, water storage tanks, and operations facilities. Based on the visual :inspections, the water system is in good working condition. However, a detailed condition assessment was not completed as part of the inspections. Completion of a more detailed criticality and condition assessment of water distribution system assets, including a detailed review of asset condition and failure data, development of an asset criticality model for asset condition ranking, expansion of the Department's asset condition database, and assessment of asset condition assessment activities have been planned as part of the Department's asset management program, and the results of these assessments and activities were not available at the time that this report was prepazed. It is estimated that the more detailed water system condition assessment will be completed over the next two to three yeazs. 3.4. Water System Service Area The City's service area is located entirely within the northern half of the corporate City boundaries, as shown on Figure 3-Z. As of FY 2009, the water service azea is comprised of a land area of nearly 160 square miles. The existing City water system serves approximately 433,500 people and approximately 131,000 customers. The City of Virginia Beach provides water service to customers within the City limits through a universally metered system. A small portion of the population of the City is not served by the City's public water system. This population consists of residents living in the rural, southern end of the City, U.S. military personnel and their families living on military bases within the City, and a very small number of existing neighborhoods in the northern section of the City. By City Council policy, water and sanitary sewer service is not provided to residents in the southern part of the City. The City's comprehensive Land Use Plan provides that the southern part of the City is to remain rural with mostly farmland. The U.S. military bases in the City of Virginia Beach are customers of the City of Norfolk and they purchase their water from the City of Norfolk. The City "wheels" water to the militazy bases for the City of Norfolk. On-base residents (residential housing) are also customers of the City of Norfolk. C'crtain existing neighborhoods in the northern section of the City use wells and septic tank systems. Neighborhoods without public water and sewer service are _• ~' R.EI~}'~`~ }*. City of Virginia Beach • ~ ~ ` C~l`1SUlrT[NG Financial Feasibility Report 3-7 • • •~• •~•• •~ ••«*~• •~•••~ 0153443 Drag Financial Feasibility Report amsAeeAa>: eAv ~. - ~-~ -°'~~~I` '~ ~ .t ~ i ~L~nnhaven S ~ ~xisrr~AHO,~uTHOR¢En WATER AND 5E1NER `* ~ . CE EAS R , 3E VI AR aTY ON NORFOLK ~" ~ t -- e ~ ~ r ~ ~ I Ketn le Y ~ i ~ . ~ ~ 1 ~. BFKTf..~ ~-'" - t.9 Matt DistrictBj . ~ i` ' U~fhQ^t 3 /( j ,r Cente~iile ~ ~ '~ ~ _ 3 Y ,.~ ... ---i~ - ~ + ~T/YOPCf~SAPErIKE f. /r/ A~ ~', Nii~ OCEAN d t i 1 1 ~ " ~ ~''' ~ EwsnNO ARO AuT>toRr~o " SERVICE AREAS ~~~ " """* STATE /FEDERAL PROPERTIES -~ t~WT SERVED BY VIROM~IA BEACH REENLWE ~I ,.,, ., O { 9EPERATE3 URBAN AREA wort TRAnsrnoN AREAS Prirscess Anne ® LNIITS OF TRANSfl10N AREA ~ ~~s°~a ~ t~ -_ _ .• ~{ ~ ~ i s ~ ~ _ ....,. ~. ~'~•~. "~ •w"~"~`~;"o" SfATB OF NDAiif CAROLINA ' ~ •• RE~DAK •: • GTY of VIRGINIA BEACH DEPT. OF PUBLIC UT?UTIES EXISTING WATER AND SEWER APRIL 2010 • •' CONSULTING . ..~._.,......~,.~..,..:. FINANCIAL FEASIBILITY REPORT SERVICE AREA FlGURE 3-2 Section 3 Water System Description decreasing; as the City has extended water and sewer service to the existing neighborhoods over the past 35 yeazs. According to the U. S. Census, the population of Virginia Beach was 425,257 in 20()0. The censu;~ data for the past five decades is as follows: U. S. Census Data Citv of Virginia Beach Year Population 1960 69,036 1970 172,106 1980 262,199 1990 393,069 2000 425,257 A historical summary of the number of water system accounts connected to the City's water system is provided on Table 3-3. Tabls 3-3: Water Account History Water Water Flaca! Accounts Annual Accounts2 Annual Year (End of FY) Increase (Year Avg.) Increase 1994 114,952 - 114,124 1995 114, 546 -0.4% 114, 749 0.5% 1996 117,177 2.3% 115,862 1.0% 1997 117,403 0.2% 1 t 7,290 1.2% 1998 119,414 1.7% 118,409 1.0% 1999 120,64fi 1.0% 120,030 1.4% 2000 123,026 2.0°k 121,836 1.5% 2001 124,630 1.3°~ 123,828 1.6% 2002 126,093 1.2% 125,362 1.2°~ 2003 127,534 1.1% 126,814 1.2% 2004 128,718 0.9°k 128,128 1.0% 2005 129,376 0.5°~ 129,047 0.7% 2006 130,005 0.5% 129,691 0.5°~ 2007 130,647 0.5% 130,326 0.5% 2008 131,085 0.3°~6 130,$66 0.4°k 2009 131,367 0.2% 131,226 0.3°k 'Sources:1994-2000 data from AB&H study, 2001-2009 data provided by City. YAriihmetic average of the tw o appropriate end of flscat year w afar accounts. .. , ~ s: • ~ ` R~ ~ ~ ~ . Ci~y of Virginia Bexh "` ° CONSULTING Financial Feasibili~y Report 3-8 • •~• •~•• •• ~•~••~• •~••~• 0153443 Draft Financial Feasibilay Report Section 3 Water System Description 3.5. Water Demand The demand for water has increased over the period from FY 1998 to FY 2008 along with residential and commercial development, whereas the average usage per account has remained relatively steady. However, a decrease in demand and the average usage per account was observed in FY 2009, as shown in Table 3-4. Average daily water use was approximately 35.4 mgd in 2008 and 33.8 mgd in 2009. The average water demand and consumption per day per account figures in 2009 were low compared to prior years, likely due to a combination of economic and weather factors. In this year, the City experienced a high property vacancy rate and relatively wet summer conditions. Growth is expected in the Courthouse / Sandbridge area and it is possible that consumption will increase in that area. Growth is also forecasted in the Kempsville and Holland areas, but demand increases are not projected to be as dramatic. Table 3.4: Water Demand History Water Avg Water ~allonsl Fiscal Accounts Demand' Day/Accountz Annual Year (Year Average) (MGD) (Year Average) Increase 1994 114,124 31.7 278 1995 114,749 31.6 275 -0.3% 1996 i 15,862 32.6 281 3.2% 1997 117,290 31.7 270 -2.8% 1998 118,409 32.3 273 1.9% 1999 120,030 33.9 282 5.0% 2000 121,836 33.2 272 2.1% 2001 123,828 33.6 271 1.2% 2002 125,362 34.0 271 1.2% 2003 126,814 34.1 269 0.3% 2004 128,126 35.3 276 3.6% 2005 129,047 35.2 273 -0.3% 2006 129,691 35.4 273 0.5% 2007 130,326 35.9 276 1.4% 2008 130,866 35.4 271 -1.4% 2009 131,226 33.8 258 -4.5% 'Sources:1994-2000 data from A88~H study, 2001-2009 data provided by Cky. 2Average Day Water Dernartd divided tty yeary average w Ater accounts. « ; ~[~~?~ K City of Virginia Beach , ~ . CONSUI.TI NG Financial Feasibility Repot 3-9 • •~•~•~•• •• -•••••- •~••~• 0153443 Drr6 Financial r'ea~sibility Report Section 3 Water System Description 3.6. inter-Governmental Agreements 3.6.1. Norfolk Water Services Contract The City signed a Water Sales Contract with the City of Norfolk in 1973 to purchase water surpluses from the City of Norfolk. This contract expired on June 30, 1993, and a new Water Sales Contract was subsequently executed and became effective July 1, 1993. This new contract was intended to provide an interim water supply to the City until the Lake Gastcln Project became operational and was terminated in January of 1998, except far certain sections that remained until June 30, 1999. The existing Water Services Contract with Norfolk became effective January 1, 1998 and will expire in 2030. The Water Services Contract establishes engineering, water quality, and operational standards for the City of Norfolk to receive, treat, convey, test, and deliver potable water to the City. This contract was amended and restated in February 2001. In accordance with the Water Services Contract, a cost of service methodology is used by the City of Norfolk to develop projected rates applicable to the City far treated water service on a biennial basis. Under the "utility basis" cost of service methodology, the City pays the City of Norfolk for a proportional share of operation, maintenance, and depreciation expenses, in addition to a rate of return on assets that provide service to the City. The Historical and projected average cost of service rates that the City paid and will pay for the services provided by the City of Norfolk are shown in Table 3-5. Table 3-5: Average Annual Norfolk Water Rate Charged to the City ($!1,000 Gallons) Cost of Service Fiscal Year Rate Water Charge Total Rate 1997 $1.52 $0.48 $2.00 199$ $1.86 $0.56 $2.22 1999 $1.85 $0.58 $2.43 2000 $1.93 NIA $1.93 2001 $1.81 NIA $1.91 2002 $1.97 N/A $1.97 2003 $2.00 NIA $2.00 2004 $1.85 WA $1.85 2005 $1.86 N/A $1.66 2006 $1.97 NIA $1.97 2007 $1.97 NIA $1.97 2008 $1.89 NIA $1.89 2009 $1.91 N1A $1.91 2010' $1.91 WA $1.91 2011' $1.92 NIA $1.92 *Estitnated « «" RE131_v1 }~ City of Virginia Beach °'• ` CONSULTING Fnancial Feastbitity Report 3-10 • • •~•••~+• •• -•~••~- •~••~° 0153443 Draft Ftnaruial Feasibility Report Section 3 Water System Description At the end of the second fiscal year in each biennial period, the City of Norfolk prepares and provides to the City a revised cost of service analysis for the previous two fiscal years reflecting an allocation of cost of service based on actual cost incurred by the City of Norfolk water system. The most recent allocation of actual costs has resulted in a payment to Norfolk from the City of approximately $2.6 million to be paid during the twelve month period of FY 2011. This amount represents costs incurred by Norfolk in excess of actual payments from the City during fiscal years FY 2008 and FY 2009. The City of Norfolk is contesting the true-up amounts in prior fiscal years (FY 2004 through FY 2007] which could result in the City of Virginia Beach owing the City of Norfolk approximately $4 million. However, at the time that this report was prepared, this issue was not resolved. 3.6.2. Wheeling Agreement with the U.S. Government U.S. Government establishments located in the City, including the Oceania Naval Air Force Base, and the Fort Story Army Post are water customers of the City of Norfolk. Under the terms of an agreement with the U.S. Government, the City of Virginia Beach "wheels" or transports all water purchased by the U.S. Government from the City of Norfolk for delivery through City water lines to U.S. Government establishments located within the City. The Department currently conveys approximately 1.09 mgd of treated water to these U.S. Government establishments. The Department is reimbursed for this pass-through water service at a rate that is established by the Department through a cost of service evaluation process. The current wheeling rate is $0.44 per thousand gallons. Wheeling revenues collected by the Department amount to less than $200,000 annually. 3.7. Existing Water Rates The Department's historical and current water rate structure consists of a minimum service availability charge that varies based upon meter size and a uniform water commodity rate for all customers. The service availability charge does not include any volume of water, and the commodity rate is charged for each unit volume that is consumed. The Department also charges a separate wheeling charge for wheeling water to the military bases. A summary of the historical, existing, and adopted water rates is provided in Table 3-5. ,'• ~ ; REIs~A K City of Virginia Beach • • •' CONSULTING Financial Feasibility Repot ~'~~ . • •~•~...«.....~.,.....,. OIS3443 Drefi Financial Feasibility Report Section 3 Water System Description Table 3-6: Summary of Historical and Existing Water Rates Water Minimum Service Availability Charges Meter Size $ per Month (inches) FY 2008 FY 2007 FY 2008 FY 2009 Flf 2010 5/8 $3.75 $4.10 $4.10 $4.10 $4.10 3J4 $4.80 $5.25 $5.25 $5.25 $5.25 1 $6.90 $7.60 $7,60 $7.60 $7.60 1 - 1/2 $12.05 $13.25 $13.25 $13.25 $13.25 2 $18.30 $20.10 $20.10 $20.10 $20.10 3 $32.75 $36.00 $36.00 $36.00 $36.00 4 $53.50 $58.70 $58.70 $58.70 $58.70 6 $106.00 $11$.00 $116.00 $118.00 $116.00 8 $167.00 $184.00 $184.00 $184.00 $164.00 10 $240.00 $264.00 $264.00 $264.00 $264.00 12 $447.00 $491.00 $491.00 $491.00 $491.00 .Water Commodity Rates i per 1,000 gallons Water Rates FY 2006 FY 2007 FY 2008 Flf 2009 FY 2010 Retail Rate $3.65 $3.70 $3.80 $3.95 $4.10 Wheeling Charge $0.44 $0.44 $0.44 $0.44 $0.44 In addition to the water rates identified above, the City currently charges a Water Resource Recovery Fee of $92 per drainage fixture unit. This is aone-time fee charged to all new connections to the City's water system at the time a building permit is issued. Historically, this fee provided an additional funding source for financing a portion of the costs of the Lake Gaston water supply project. The fee paid by the property owner represents their share of a portion of the cost of water resources development and "backbone'" distribution facilities. Over the last five yeazs, the Water Resource Recovery Fee has generated between approximately $1.7 million and $3.9 million per year. .•~~•. REQt..i'e ~. City of Virginia Brach • •_` CONSULTINC.s FnancialFeasibilityRepon 3-12 • ~ •^•••• •• -•••••- ••••~• 0153443 Draft Fnancial Feasibility Report 4. Sanitary Sewer System Description 4.1. History of Sanitary Sewer System The sanitary sewer system originated in 19(16, the year the Town of Virginia Beach was incorporated. At that time, the then "Town" took over operation of the facilities that were constructed at the end of the nineteenth century along the ocean front, and additional pumping stations and treatment facilities were constructed. In 1938, a wastewater treatment plant was constructed, and this plant treated City wastewater until 1969. In 1969, connection with the Hampton Roads Sanitation District ("HRSD") system was made and wastewater treatment by the City was phascd out. The City's existing sanitary sewer system includes collector lines, force mains, and pump stations to transport wastewater to the HRSD facilities. The HRSD was created on November 5, 1940, and began wastewater collection and treatment operations on July 1, 1946. Since its creation, the HRSD has grown to provide sanitary service treatment to all major population centers within its boundaries. Currently the District serves 17 cities and counties in southeastern Virginia. The HRSD treats only sanitary sewer wastewater and does not treat any stormwater or combined scwcr wastewater. In 2007, the City, together with the HRSD, the cities of Chesapeake, Hampton, Newport News, Poquoson, Portsmouth, Suffolk, and Williamsburg, the~counties of Gloucester, Isle of Wight, and York, the James City Service Authority, and the Town of Smithfield, was issued a Special Order by Consents (the "Consent Order") from the Virginia Department of Environmental Quality ("DEQ") regarding the discharge of untreated sewage from various locations in the HRSD System and the individual sanitary sewer collection systems. As required by the Consent Order, the City, as well as the other named communities, has agreed to atwo-phased approach to an initiative that will address the regional and individual sanitary sewer collection system capacity and performance conditions that cause or contribute to the discharge of sewage. The first phase is principally a data collection, evaluation, and plan development program that consists of both regional and individual elements. The regional element requires the use of uniform standards to ~ State Water Control Board Enforcement Action, Special Order by Consent, Issued to the Hampton Roads Sanitation District, the cities of Chesapeake, Hamplon, Newport News, Poquoson, Portsmouth, Suffolk, Virginia Beach and Williamsburg; the counties of Gloucester, Isle of Wight, and York: the James City Service Authority, and the Town of Smithfield, executed in September 2007. ` ~ : ; 1tE1~JA K city of virgmia seach ~~` ~4NSULTING Fnancia-FeastbilityReport 41 . ~.~....., ....o........ 0153443 Draft Financial Feasibility Report Section 4 Sanitary Sewer System Description identify the infrastructure projects needed to provide the collection system, interceptor system anti treatment capacity required to cost-effectively manage peak wet weather flows throughout the Hampton Roads sanitary sewer system. The individual system elements are designed to identify, characterize, and cost-effectively address conditions that contrilbute to sewage discharges. The second phase will provide for the implemenl:ation of long-term capacity enhancement and sewer rehabilitation plans, including construction of the regional infrastructure projects and individual system improvements indentified in the first phase. In 2007, the City entered into a Memorandum of Understanding with the HR5DZ for the purposes o~f defining the roles, responsibilities, and obligations regazding compliance with the Regional Technical Standards contained in the Consent Order, establishing procedures of the sharing of data and information, and establishing procedures to be followed fir requesting modifications to the regional consent order. The City has completed much of the work required under the first phase. City has prepared and provided the Virginia DEQ with a Sewer System Evaluation Survey ("SSES") plan, as well as a Management, Operations and Maintenance ("MOM") program. 'The MOM program provides a formal documented approach for the Department to: ^ Effectively manage, operate and maintain sanitary sewer system ^ Investigate capacity constrained areas of the sanitary sewer system ^ Proactively prevent sanitary sewer overflows (SSOs) ^ Resportd to SSO events. zn addition, over the past several years, the Departrrient has completed sewer rehabilitation capital projects to address aging infrastructure and inflow/infiltration issues. Fuirthermore, the Department's capital program discussed in Section 5 includes capital projects to address the issues related to the Consent Order. 4.2. Sanitary Sewer System Description The City's existing sanitary sewer system includes collector lines, force mains and pump stations to transport wastewater to the HRSD facilities. The City's sanitary sewer collection system is a separate system and does not collect combined sanitary and stormwate!•. As of June 30, 2009, the City's sanitary sewer system consisted of 1,621 Z Memorandum of Agreement between the Hampton Roads Sanitation District, the cities of Chesapeake, Hampton, Newport News, Poquoson, Portsmouth, Suffolk, Virginia Beach, and Williamsburg, the Town of Smithfield, and the counties of Gloucester, Isle of Wight, and York, and the James City Service Authority, and the Hampton Roads Planning District Commission, dated June 28, 2007. ,'~ ~ ~ 1~E1~)A ~ City of Virginia Beech • • • CQI~JSUL 1 ]NG Fnancia! Feasibility Repon 42 • • •~•~•~•• •• •••~•~• -••-~~ 0!53443 Droll Financial Feasibility Repon Section 4 Sanitary Sewer System Description miles of pipeline, ranging in size from 4 to 36 inches in diameter, 129,084 connections and 405 sewage pumping stations. The City's topography is very flat necessitating the use of pumping stations to deliver sanitary sewage to the HRSD. A summary of the sanitary sewer pump stations and their associated capacity is provided in Table 4-1. Approximately 150 of the 405 pumping stations are greater than 25 years old. Groundwater and stormwater inflow/infiltration are kept to a minimum by the Department maintaining an active inflow/infiltration prevention program. The Department also has an actively enforced mandatory connection program. Where service is available, property owners are required to connect to the sanitary sewer collection system. Table 4.1: Sanitary Sewer Pump Station Summary Capacity GPM Pump Stations Capacity GPM Pump Stations 100-200 38 1300-1400 6 200-300 66 1400-1500 6 300-400 55 1500-1577 4 400-500 47 1577-1620 5 500-600 39 1520-1800 1 600-700 34 1800-2000 4 700-800 20 2000-2083 2 800-900 18 2083-2200 2 900-1000 9 2200-2250 1 1000-1100 13 2250-2900 1 1100-1200 12 2900-4000 1 1200-1300 17 >4000 1 GPM =gallons per minute. The wastewater that is collected from City customers is conveyed to the HRSD for treatment. HRSD operates nine treatment facilities in Hampton Roads and four smaller treatment facilities on the Middle Peninsula. Two of the nine Hampton Roads facilities are located within the City of Virginia Beach. The Chesapeake-Elizabeth and the Atlantic plants have a combined operating capacity of 60 mgd with estimated current annual flows of 47 mgd. Both plants were designed for expanded capacity. HRSD is planning to expand the Atlantic plant from 36 mgd to 54 mgd Final completion is planned for September 2010. ,' ~ ~ e ~)~;'~ }~ City of Virginia Beach a •' CQNSULTINC:r FmtncialFeasibaityRepon ~ ....,........,,-......., 0153443 Drafi Firwtcial Feasibility Report Section 4 Sanitary Sewer System Description 4.3. Sanitary Sewer System Condition A visual inspection of the sewer system facilities was made on March 3, 2010. This inspection was limited to a visual inspection of a representative sample of sewer system facilities, including sewer pump stations and operations facilities. Based on visual inspections, the sewer system is in good working condition. However, a detailed condition assessment was not completed as part of the inspections. Completion of a comprehensive condition assessment program, which includes assessment of gravity sewers, marrholcs, pump stations and force mains, has been initiated. Defects identified through the condition assessment program will be prioritized and addressed through either in-house or contracted forces. The Department is committed to implementing short-.and long-term refurbishment and replacement programs for the sanitary sewer infrastructure. It is estimated that the more detailed sewer system condition assessment will be corpleted over the next two to three years. 4.4. Sanitary Sewer System Service Area The sanitary sewer system service area is located within the northern half of the City boundaries:, and is approximately 160 square miles in size. The population served by the sanitary sewer system is approximately 425,977. A portion of the population of the City is not served by the City's public sanitary sewer system. This population includes residents in the southern part of the City, residents in a limited number of existing neighborhoods in the northern part of the City, and U.S. military personnel and their families luring on U.S. militazy bases. A historical summary of the number of sanitary sewer system accounts connected to the City's sewer system is provided on Table 4-2. • " RIr@)t~. ~ City of Virginia Bach • e Financial Fcasibilit ort 4.4 ~'• `F COPdSULT1NG y ~ • •~•~•~•• •• ••~••~• •~,•~~ 0153443 Draft Financial Feasibility Report Section 4 Sanitary Sewer System Description Table 4-2: Sewer Account History Fiscal Year Sewer Accounts (End of FY) Annual Increase Sewer Accounts (Year Average) Annual Increase 1994 110,637 - 109,596 - 1995 111,806 1.1 % 111,222 1.5% 1896 113, 916 1.9°~6 112, 861 1.5°10 i 997 116,433 2.2% 115,175 2.0O1o 1998 117,749 1.1°k 117,091 1.79'0 1999 119,540 1.5°k 1 f 8,645 1.3% 2000 121, 397 1.6°.6 120,469 1.5% 2001 122,779 1.1 °k 122,08$ 1.3°k 2002 124,172 1.1 °k 123,476 1.1 2003 125, 436 1.096 124,804 1.1 2004 126,302 0.7% 125,869 0.9% 2005 126,908 0.5°~ 126,605 0.696 2006 127,578 0.5°~ 127,243 0.5% 2007 128,220 0.59'0 127,899 0.5% 2008 128,828 0.5% 128,523 0.5% 2009 129,084 0.2% 128,955 0.3% 'Sources:1994-2000 data from Ali&H study, 2001-2009 data provided by City. ZArghmetic average of the tw o appropriate end of liscal year w afar accourks. 4.5. Existing Sanitary Sewer Rates The City's historical and existing sewer rate structure consists of a monthly, flat maintenance charge for sanitary sewer collection to the City, which differs based on customer type. A summary of the historical and existing sewer maintenance charges is provided in Table 4-3. The City's sewer customers also pay wastewater user fees directly to HRSD for wastewater treatment. ,' ~, ; RI+Q)A K City of Virginia Beach ^ • • • • CONSULTING Financial Feasibility Rcpon +~ ..~.y.e...r .•ac•~.....a 0153443 Draft Financial Fessibiiiry Report Section 4 Sanitary Sewer System Description Table 4-3: Summary of Historical and Existing Sewer Rates Sewer Maintenance Charges S per Month Desl:ription FY 2006 FY 2007 FY 2008 FY 2009 FY 2010 Adopted Annual Sewer Rate Increase 6.00% 5.0096 5.00% 5.00% Residential Uses: a. Single Family residences: $15.92 $16.88 $17.72 $18.61 $19.54 b. S1 ructures with 2 or more residential units First unit or trailer $15.92 $16.88 $17.72 $18.61 $19.54 Each additional unit or trailer $11.94 $12.66 $13.29 $13.95 $14.65 c. hk~tels & Motels For the fast room provided for occupancy $15.92 $16.88 $17.72 $18.61 $19.54 E'.ach additional room for occupancy $6.39 $6.77 $7.11 $7.47 $7.84 d Campgrounds For the first space provided $15.92 $16.00 $17.72 $18.61 $19.54 For each additional space provided $6.39 $6.77 $7.11 $7.47 $7.84 e. Structures or property with 2 or more family residential units with separate water meters $15.92 $16.88 $17.72 $18.61 $19.54 seating each or arty individual units Nomesidential Uses a. For ell nonresidential uses in which there is also supplied public water service: Tap Size (Inchesl 314 1 1 1/2 2 3 4 6 8 10 12 $15.98 $16.94 $17.79 $18.68 $19.61 $20.18 $21.39 $22.46 $23.58 $24.76 $39.95 $42.35 $44.47 $46.69 $49.02 $60.55 $64.18 $67.39 $70.76 $74.30 $118.86 $125.99 $132.29 $138.90 $145.85 $196.56 $210.47 $220.99 $232.04 $243.64 $398.51 $422.42 $443.54 $465.72 $489.01 $925.66 $981.20 $1,030 $1,082 $1,136 $1,531 $1,523 $1,704 $1,789 $1,879 $2,321 $2,460 $2,583 $2,713 $2,848 b. For all nonresidential uses in which public water service is not available: 0.4 commodes $31.95 $33.87 $35.56 $37.34 $39.21 Each additional commode over 4 $6.39 $6.77 $7.11 $7.47 $7.84 a ` R~[7_?f~ jt City of Virginia Beach • ~ ` CONSULTING Fnancial Feasibility Repot •~•~•~•• •~ -~~••~- •~~•~~ 0153443 Draft Pinattcial Feasibility Report u 5. Capital Improvement Plan 5.1. Introduction The Capital Improvement Plan (" C1P") developed by the Department consists of planned design, construction, maintenance, and repair of facilities and infrastructure projects, associated costs, and schedules for implementation. Initiation of some of these projects has already begun, and will continue aver the next several years. A summary of the planned C1P cost over the period FY 2010 Ehrough FY 2015 is provided in Table 5-1. As shown, the Department plans to spend approximately $39 million in FY 2010, $25 million in FY 2011, and $40 million per year on water and sewer CIP projects in FY 2012 through FY 2015, with the majority of these projects being sanitary sewer system related. Table 5-1: Water and Sewer Capital Improvement Plan Fiscal Water Sewer Total Year Projects Projects Projects 2010 $ 6,173,000 $ 32,881,900 $ 39,054,900 2011 $ 4,770,271 $ 20,229,729 $ 25,000,000 2012 $ 8,407,000 $ 31,593,000 $ 40,000,000 2013 $ 11,524,000 $ 28,476,000 $ 40,000,000 2014 $ 9,280,000 $ 30,720,000 $ 40,000,000 2015 $ 6,601,000 $ 33,399,000 $ 40,000,000 5.2. Description of Water System Projects The water system CIP is reviewed each year by the City Council and the Department of Public Utilities. The selected water system projccts are necessary to continue to provide adequate water service. The water system projects are selected and ranked by the Department based on the following criteria: health and safety, urgency, service and benefit, budget impact, comprehensive plan compatibility, quality of life, and water request and agreement projects. The proceeds of the Series 2010 Bonds for water utility projects are proposed to be used, together with other funds, for the following purposes: °~ a § I~Q}'= '~ City of Virginia Beach CONSULTING Financial Feasibility Repori 5-~ .....,......,..,..,..,. Oi 53443 Drait Financial Feasibility Repoli Section 5 Capital Improvement Plan • Construction of new water mains • Improvement and replacement of existing water mains • Storage tank improvements • Purnp station modifications • Firr; hydrant program • Larldstown yard improvements • Backflow prevention/cross connection program • Comprehensive emergency response and training • Water supply improvements and evaluations • Corprehensive water master planning • Flow monitoring system • Water quality program • Water appurtenance evaluation • Various water infrastructure maintenance support program • Mapping and infrastructure management system • Public Utilities public access renovation building #2 • Customer information system replacement • Water SCADA upgrade 5.3. Description of Sanitary Sewer Projec#s The projects associated with the sanitary sewer utility C1P are necessary to continue to provide adequate sanitary sewer service and satisfy the requirements of the Consent Order. ThE; sanitary sewer utility projects are evaluated and ranked by the Department based on the following criteria: health and safcty, urgcncy, service and benefit, budget impact, comprehensive plan compatibility and quality of life. The proceeds of the Series 2010 Bond:> for sanitary sewer utility projects are expected to be used, together with other funds, for the following purposes: • Construction of new gravity sanitary sewers, force mains and pumping stations • Rehabilitations of existing sanitary sewers • Modification of existing pumping stations • Sewer system evaluation and rehabilitation • Computerized mapping system and infrastructure management system • Infiltration, inflow and rehabilitation • Landstown yard improvements • Comprehensive sewer study • Auxiliary power program sewer pump stations • Customer information system replacement ` _ ~° RECD 3~=~ ~: c~lyorvifglnia sin • p•'==" CUN:iULT1NG Financiai Feasibility Ripon D • •~•~•~•• •• ••••••• •~••~~ 0153443 I)raR Financial Frasibilily Report Section 5 Capital Improvement Plan • Comprehensive emergency response and planning • Sewer SCADA system upgrade • Sanitary sewer revitalization program • Sanitary sewer system infrastructure program ,'~ ~«+ I~QZ~t~i ~ City of Virginia Beach . ~ CONSUL:I"ING Fittancia] Feasibility Report ~ - ..~•~.~•• .• ••«.~• •~••~~ U153A43 Draft Fitiattciai Feasibility Repon 6. Financial Feasibility As part of this bond feasibility study, Red Oak prepared a financial plan and forecast for the Department's Water and Sewer Fund. The purpose of this section is to present the financial plan and forecast, the projection of revenues and expenses, retained earnings, and coverage, and document the assumptions used in the preparation of the forecast in order to provide an opinion as to the feasibility of the Series 2010 Water and Sewer Revenue E~onds. The financial forecast represents an estimate of the probable results of operations and reflects thE; Department's judgment as to the most likely set of conditions and course of action bast:d upon present circumstances. Red Oak worked closely with the Department to obtain the information necessary to prepare the financial forecast, and various financial and systertt information was provided by the Department to support the development of the financial forecast. 6.1. Hisitorical and Projected Revenues Historical Water and Sewer Fund revenues from fiscal year FY 2005 through FY 2009 were reviewed along with budget projections prepared and provided by the Department to develop projections of revenues for the period FY 2010 through FY 2015. Revenues include water and sewer rate revenues, tap fees, fire hydrant fees, wheeling charges, water resources recovery fees, sewer main and line extension fees, and miscellaneous fees and charges. These revenues are used to recover the costs of operating and maintaining the water and sewer systems and provide service to existing and new customers. 6.1.1. Historical Revenues Table 6-1 presents historical revenues on a full accrual basis for FY 2005 through FY 2009. 6.1.2. Projected Revenues Projections of future revenues were made based upon historical information, discussions of revenue trends with the Department, and projections of customer growth rates. Customer growth rates were forecasted based upon a review of historical billed flow, amount of historical revenue collected, and discussions with the Department regarding the expected future customer growth rates. ' . ~ ; ~(,y~.'. #•, City of Virginia Beach . _': ~ CONSULTING Financial Feasi~irty Report s-1 ..-...,,.....,..,.....,~ 0153443 Graft Financial Feaslblllty Report Section 6 Financial Feasibility Table 6-1: Historical Water and Sewer Revenues Historical Revenues (in Thousands) Deslxiption FY 2005 FY 2006 FY 2007 FY 2008 FY 2009 Revenues Water Elsage Charges $ 41,169 $ 43,176 $ 44,071 $ 44,503 $ 44,288 SeMce Charges 35,341 40,120 43,140 45,484 47,430 WRRF and Extension Fees 3,481 3,916 3,474 2,999 1,747 Sewer Connection Fees 1,644 1,640 1,752 1,271 774 Tap and Meter Fees 175 173 285 403 343 Wheeling Charge 195 211 163 196 150 Norfolk True-up (1,595) 797 1,898 Miscellaneous 311 304 367 164 406 Interest come 1,809 3,427 5,290 5,045 2,368 Total Revenues $ 84,124 $ 91,371 $ 99,336 $ 101,963 $ 97,504 6.1.2.1. Projected Water and Sewer Accounts and Water Demand The projection of water accounts, billed water flow, and billed consumption per account is provided on Table 6-2. The projection of sewer accounts is provided on Table 6-3. Historical water and sewer accounts, water demand, and demand per account are shown in Section 3 on Table 3-3, Table 3-4 and ' F ~~ ; I~EI~~A I\ City of Virginia Bcach ~' CONSULTING Financial Feasibility Report 5-2 . . •~.~..•... •.+..~• •~•~~~ 0153443 Draft Financial Feasibility Reptxt Section 6 Financial Feasibility Table 42. The water and sewer account projection assumes the addition of approximately 290 new water accounts in FY 2010, 450 in FY 2011 and b00 per year in FY 2012 tlhrough FY 2015, based on historical trends. The average water usage per account projection assumes a partial rebound from historical lows in FY 2409 to approximaltely 10 gallons per day per account below the historical average usage per account pear day from FY 1994 to FY 2009. Table 6-2: Projection of Water Accounts and Billed Water Consumption Water Avg Water Gallons/ Fls~cal Accounts Annual Demand DaylAccount Annual Yerar (Year Average} Increase {MGD} (Year Average} Increase 2010 131,517 0.2% 34.0 259 0.5°k 2011 131,967 0.3°k 34.3 260 0.9% 2012 132,567 0.5°k 34.7 262 1.2% 2013 133,167 0.5% 35.2 264 1.2% 2014 133,767 0.5°k 35.4 265 0.8% 2015 134,367 0.4°~ 35.fi 265 0.4% " * . ; 1Z~1~.)`'. ''~ Ci1y of Virginia Beach ` '~ ` CONSULTING Financial Feasibility Reporr ' a s~nua..r .uw.. n..., 0!53443 Draft Financial Feasibility Repon Section 6 Financial Feasibility Table 6-3: Projection of Sewer Accounts Fiscal Year Sewer Accounts (End of FY) Annual Increase Sewer Accounts (Year Average) Annual Increase 2010 129,384 0.2% 129,234 0.2% 2011 129,984 0.5% 129,684 0.3% 2012 130,584 0.5% 130,284 0.5°~ 2013 131,184 0.5°k 130,884 0.5% 2014 131,784 0.5% 131,484 0.5% 2015 132,384 0.5°k 132,084 0.5°~ 6.12.2. Projected Water and Sewer Rates In the most recent water and sewer cost of service study report, prepared by Red Oak and dated October 2l, 2009 {the "2009 Cost of Service Study"}, it was anticipated that the adopted water rates for FY 2010 would be adequate to recover the cost of providing water service through the period of FY 2011 through FY 2014. Furthermore, increases to the FY 2010 sewer rate in the range of 10 percent to 13 percent per year were projected to be needed over the period from FY 2011 through FY 2014 depending upon whether annual capital spending over the period was $35 million or $40 million per year. Subsequent [o the completion of the 2009 Cost of Service Study, a General Fund transfer for the use of the City's right-of--way was enacted, which will necessitate the transfer of an additional $4 million per year from the Water and Sewer Ftind to the General Fund annually for use of the right-of--way; the transfer is expected to start in FY 201 1. This transfer is in accordance with the Ninth Supplemental Resolution, which includes an amendment to the Master Bond Resolution that allows annual transfers from the Residual Account to the City's General Fund as payments in lieu of taxes in an amount equal to the lesser of $4 million and 15 percent of the net assets restricted for operations. Prior to this amendment, Fund transfers were limited to an amount not to exceed 2 percent of the increase in retained earnings of the Fund from year-to-year.3 The transfers from the Residual Account are permitted only after the payment of bond debt service. Refer to the Ninth Supplemental Resolution and the Preliminary Official Statement for more information. 3 Ninth Supplemental Resolution Supplementing and Amending Resolution Adopted February 11, 1992, Entitled "Master Water And Scwer Revenue Bond Resolution Providing For The Issuance From Time to Time of One or More Series of Water and Sewer System Revenue Bonds of the City of Virginia Beach", Adopted in 2010. .' ~.: 1ZI;Q?/~ K city of Virginia Beach • • •' Ct~NSUI_TI NG Fnancial Feasibility Report ~ • •~•~•w• •r ~••~•-- •~••~• 015:;443 Dral1 Financial Feasibility Report Section 6 Financial Feasibility The Department anticipates funding this transfer to the General Fund with the addition of a fee that vvill effectively add $0.31 per 1,000 gallons to the Water Commodity Rate and $0.31 to the Water Service Availability Charge (for each meter size). Therefore, it is anticipated that the City Council will adopt the water rates shown in Table 6-4 for the period FY 2011 through FY 2015. Table 6.4: Anticipated Water Rates FY 2011Through FY 2015 Water Nlinimum Servlce Availability Charges Meter Size Adopted Anticipated (incomes) FY 2010 FY 2011 FY 2012 FY 2013 FY 2014 FY 2015 $ per Month 5/8 $4.10 $4.41 $4.41 $4.41 $4.41 $4.41 3/4 $5.25 $5.56 $5.56 $5.56 $5.56 $5.56 1 $7.60 $7.91 $7.91 $7.91 $7.91 $7.91 1 - 1/2 $13.25 $13.56 $13.56 $13.56 $13.56 $13.56 2 $20.10 $20.41 $20.41 $20.41 $20.41 $20.41 3 $36.00 $36.31 $36.31 $36.31 $36.31 $36.31 4 $58.70 $59.01 $59.01 $59.01 $59.01 $59.01 6 $116.00 $116.31 $116.31 $116.31 $116.31 $116.31 8 $184.00 $184.31 $184.31 $184.31 $184.31 $184.31 10 x264.00 $264.31 $264.31 $264.31 $264.31 $264.31 12 $491.00 $491.31 $491.31 $491.31 $491.31 $491.31 Water Commodity Rates Adopibed Anticipated Water Rates FY 2010 FY 2011 FY 2012 FY 2013 FY 2014 FY 2015 S per 1,000 gallons Retafl Rode $4.10 $4.41 $4.41 $4.41 $4.41 $4.4i Wheeling Charge $0.44 $0.44 $0.44 $0.44 $0.44 $0.44 It is also anticipated that City Council will adopt the sewer rates shown in Table 6-5 for the period 1FY 2011 through FY 2015, which reflect rate increases of approximately 13.3 percent, 12.4 percent, 11.7 percent, and 1 l .0 percent in fiscal years FY 2012, FY 2013, FY 2014, and 2015, respectively. • ~ ", REQ) ~'. ~-. City of Virginia Beach a' ' CONSULTING Financial Feasibility Report ~ • • ^~• •~•• •• ••••••• •~••~• 0153443 Drag Financial Feasibility Repot Section 6 Financial Feasibility Tabb 6-5: Anticipated Sewer Rates FY 2011Through FY 2015 Sewer Maintenance Charees Adoptied Anticipated Description FY 2010 FY 2011 FY 2012 FY 2013 FY 2014 FY 2015 $ per Month Adopted Annual Sewer Rate Increase 0.00% 13.30% 12.400 11.70% 11.00% Residential Uses: a. Single Fatuity residences: $19.54 $19.54 $22.12 $24.86 $27.76 $30.81 b. Structures with 2 or more residential units First unit or trailer $19.54 $19.54 $22.12 $24.86 $27.76 $30.81 Each additional unit or trailer $14.65 $14.65 $16.60 $18.66 $20.83 $23.12 c. Hotels & Motels For the first room provided for occupancy $19.54 $19.54 $22.12 $24.86 $27.76 $30.81 Each additional room fvr occupancy $7.84 $7.84 $8.89 $9.99 $11.15 $12.38 d. Campgrounds For the first space provided $19.54 $19.54 $22.12 $24.56 $27.76 $30.81 For each additional space provided $7.84 $7.84 $8.89 $9.99 $11.15 $12.38 e. Structures or property with 2 or more family residential units with separate water meters $19.54 $19.54 $22.12 $24.86 $27.76 $30.81 serving each or arty individual units Nonreeidentisl Uses: a. For all nonresidential uses in which there is also supplied public water service: Tap Size (Mnches) 314 .1 1 1/2 2 3 4 6 8 10 12 b. For all nonresidential uses in which public water service is not available: 0-4 commodes Each additional commode Doer 4 $19.61 $19.61 $22.21 $24.97 $28.06 $31.15 $24.76 $24.76 $28.04 $31.52 $35.43 $39.32 $49.02 $49.02 $55.52 $62.40 $70.14 $77.84 $74.30 $74.30 $84.15 $95.58 $106.31 $117.98 $145.85 $145.85 $165.18 $185.66 $208.68 $231.60 $243.64 $243.64 $275.94 $310.16 $348.61 $:166.89 $489.01 $489.01 $553.83 $622.50 $699.67 $776.51 $1,136 $1,136 $1,286 $1,446 $1,625 $1,804 $1,879 $1,879 $2,126 $2,392 $2,688 $2,983 $2,848 $2,848 $3,226 $3,626 $4,075 $4,523 $39.21 $39.21 $44.40 $49.90 $55.72 $61.83 $7.84 $7.84 $8.89 $9.99 $11.15 $12.38 ' :: ; Rl:[3UA K City orvirgirra Beach . .. 6$ • ~ ~ • CONSU LT(NG r~nannal Feasibility Repim • •~•~•••• •~ ~•~••~• •~••~^ 0153443 Dian Fnnncial Feasibility Report Section 6 Financial Feasibility 6.1.3. Projected Rate Revenues The Department's largest source of revenue is from water and sewer rates. The revenue projection:; assume that a $0.31 increases in the water commodity rate and the availability charges is implemented on July 1, 2010, and 13.3 percent, 12.4 percent, 11.7 percent, and 11.0 percent increases in the sewer rates are implemented az the beginning of fiscal years FY 2012,1~Y 2013, FY 2014, and FY 2015, respectively. The projection also assumes that the growth in water and sewer accounts, and water demand occurs as forecasted. The projected water and sewer rate revenues are shown at the end of this section on Table 6-6. 6.1.4. Projected Other Revenues The Department receives revenue from other sources including tap fees, wheeling charges, water resources recovery fees, sewer main and line extension fees, interest, and miscellaneous fees and charges. A summary of these revenues and revenue projection assumptio;,ts is provided below. Projected revenues are shown at the end of this section on Table 6-6. Water Resource Recovery Fees Water resource recovery fees are currently $92 per drainage fixture unit ("DF[J"). The projection of revenues was developed by multiplying this fee by the anticipated number of new DFUs based on projections of new connections. No increase in the fees was assumed over the forecast period. Sewer Connection Fees Sewer connection fee consists of a sewer main extension fa of $59 per DFU (assessed when the City makes the connection), and a sewer line extension fee of $0. i 3 per DFU (assessed when a developer makes the connection). The projection of revenues was developed by multiplying the fee by the anticipated number of new DFUs based on the projection of new connections. No increase in the fee was assumed over the forecast period. Tap Fees Water tap fees are currently $285 per 5l8- and ~-inch connections, and sewer tap fees arc $450 fora 2-inch tap. The projection of revenues was developed by multiplying the tap fees by the anticipated number of new connections. No increase in the tap fees was assumed aver the forecast period. .' RE~ ~~ ~~ ~ City of Virginia Beach ~~~ CONSULTING Financial Feasibility Report B•y • ~•~+~•~~ •• ••~+•~• +~••~^ 0133443 Dran Financial Feasibility Report Section 6 Financial Feasibility Wheeling Charges The wheeling charge assessed to the Army and Navy for wheeling water from the City of Norfolk is $0.44 per 1,000 gallons. The forecast assumes approximately 341,200 thousand gallons will be wheeled annually and the charge will remain the same over the forecast period. Interest Earnings Interest earnings were calculated based on the average beginning and ending balance of retained earnings, and an assumed interest rate of approximately 2.0 percent in FY2010 and 3.0 percent thereafter. Current and historical interest earnings were the basis for this projection. Miscellaneous Miscellaneous charges include fire hydrant rentals, water turn on foes, new account service fees, antennae rentals, water meter fees, inspection fees, and other miscellaneous revenues. It is anticipatcd that revenues from water meter, new account service fees and turn-on fees will increase commensurate with the rate of growth, and it was assumed that other revenues will remain constant over the forecast period. 6.2. Historical and Projected O&M Expense Water and sewer system expenses include operating expenses (e.g., personnel, benefits, internal services, materials and supplies, contractual services, leases & rentals, and other expenses), and non-operating expenses {e.g., debt service, and capital outlay). Detailed projections of operating expenses were developed based upon discussions with the Department regarding system operational changes, historical cost trends, and anticipated future water and wastewater flows. Based upon an analysis of this information, the following operating expense projections were made: Annual 9b Expense Category Increase Basis / Itatlonale Personnel 4.0 Historical trends and City input based on the impact of the sanitary sewer consent order compliance. Fringe Benefits 6.0 Projected health cart and retirement growth plus inflation. Projected cost inflation based upon historical Internal Services 3.0 Engineering News Record (ENR) and consumer price index (CPI) regional trends. ' * s ' 1tF131~A K City of Virginia Beach ' _~_ ` CCJNSU LTl NG Fiaanciai Feasibility Reptnt 6~s • • •~•~•~•• •• ••~••~• •~•^~~ Q153443 Draft Fnanciel Feasibility Repoli Section 6 Financial Feasibility Materials and 3 0 Projected cost inflation. Supplies Contract Services - Based upon anticipated water purchase cost Purchase:d Water 2'0 increases from the City of Norfolk. All other 3.0 Projected cost inflation. In addition to these annual operating expense increases, an incremental increase in the Engineering Department totaling $1.2 nullion was included in the forecast over a two year periai from FY 2012 to FY 2013 associated with the addition of approximately three engineering positions and additional contract services for managing a larger scwer capital program. An incremental increase in expenses associated with sewer collection system and pump station operation and maintenance totaling $3.3 million was included over a two year period from FY 2012 to FY 2013. In addition, an additional General Fund transfer in the amount of $4 million was included in the forecast beginning in FY 2011 associated with the use of the Ciry's right-a-way. A detailed projection of non-operating expenditures was developed based upon a review of existing debt obligations, discussions with the City regarding anticipated capital outlay requirements, and historical cost trends. Based upon an analysis of this information, the following non-operating expense projections were made: ^ Existi:ng debt repayment obligations over the next five years consist of principal and interest payments associated with Water and Sewer Revenue Bonds. In addition, it is anticipated that the City will issue new revenue bond debt to finance a portion of the anticipated capital improvement program in accordance with the City's debt management policies. ~ Capital outlay is projected to increase at an inflationary rate of approximately 3.0 percent over the period from FY 2012 through FY 2015, based on assumed cost inflation. Capital outlay was projected to be higher in FY 2010 than historical and projected amounts due to increases in rolling stock replacements. Capital outlay includes furnishings and equipment purchases, contract services, and general facility improvements. 6.3. Capital Improvement Plan Funding The Depar~:ment plans to fund approximately $65 million in water and sewer utility projects with the proceeds of the Series 2010 Water and Sewer Revenue Bonds. Water utility projects to be funded from a portion of the Series 2010 Bonds total approximately $17.8 million. Of that amount, approximately $9.2 million is designated for `~ ~. ; REIN)::. ~ City of Vir6inia Beach . • CO(`lSU 1_Tl NG Rnancial Futsibility Report D • _....... •• ••«~•~ •~••~~ 0153443 Drag Fnanciar rrasibiliiy Report Section 6 Financial Feasibility reimbursement of funds expended as part of past C1P projects. The balance of $8.6 million includes portions of the current CIP. Sanitary sewer utility projects to be funded from a portion of the Series 2010 Bonds total approximately $47.2 million. Of that amount, approximately $30.7 million is designated for reimbursement of funds expended as part of past CIP projects. The balance of $16.5 million includes portions of the current C1P. In FY 2010, approximately $17.0 million of the $39.0 million water and sewer CIP, or approximately 43.6 percent, will be funded with the proceeds of the Series 2010 Water and Sewer Revenue Bonds. In FY 2011, it is anticipated that approximately $12.15 million of the $25.0 million water and sewer C1P, or approximately 48.6 percent, will be funded with the proceeds of the Series 2010 Water and Sewer Revenue Bonds. The Department anticipates funding the remaining project costs in FY 2010 and FY 2011 with a combination of retained earnings and current operating revenues. In FY 2012 through FY 2015, the Department plans to fund the capital projects in the CIP with a combination of additional debt, retained earnings and current operating revenues. The Department anticipates that approximately $27 million or 68 percent of the C1P in these years will be funded with debt, and approximately $13 million or 32 percent wilt be funded with retained earnings (i.e. unrestricted cash) and current operating revenues. 6.4. Historic and Projected Debt Service As previously discussed, the Series 2010 Water and Sewer Revenue Bonds will be issued to fund the Department's CIP. The proceeds of the Series 2010 bonds will be used to (1) fund a portion of the cost associated with the FY 20] 1 C)P, (2) fund a portion of the CIP expenditures that were incurred in FY 2010. For more information, refer to the sources and uses section of the Official Statement. Table 6-6 and 6-7 at the end of this section summarizes the existing and proposed debt servicx obligations over the forecast period. Outstanding debt service information was provided by the Department, and the debt service associated with the Series ZO10 Water and Sewer Revenue Bonds was provided by the City's financial advisor. It was assumed that approximately $27 million in capital projects in each fiscal year from FY 2012 through FY 2015 will be funded with new debt. For the purposes of projecting new debt service in FY 2012 through FY 2015, an interest rate of 6.0 percent and a amortization period of 25 years was assumed. 6.4.1. Debt Service Coverage Requirements The Master Water and Sewer Revenue Bond Resolution (the "Master Bond Resolution"), which was adopted on February 11, 1992, contains specific debt service coverage . ", ~~ : 1tEQ ~ ~ ~~ City of Virginia Beach • ~ CONSULTING Financial feasibility Report Ito • ,~•,••~• •• ••: <••• •,••~~ QI53443 Draft Fnancial rrasibili~y Report Section fi Financial Feasibility requiremerrts that must be met by the Water and Sewer Fund. The revenue covenant requires this following: The Ciiry shall fix, charge and collect such rates, fees and other charges for the use of and for• the services furnished by the System, and shall, from time to time and as often as shall appear necessary, revise such rates, fees, and other charges so as to meet the following two independent requirements: a) Revenues shall be sufficient in each Fiscal Year to equal the sum of (I) the Op~srating Expenses shown in the Annual Operating Budget for such Fiscal Year, anal (2} (A)11 S percent of the sum of Maximum Annual Debt Service and Maximum Annual Prior Parity Bond Debt Service, and {B} IOa percent of Maximum Annual Additional Parity Debt Service. b) Revenues shall 8e su,~tcient in each Fiscal Year to equal the sum of (I) the Op~zrating Expenses shown in the Annual Operating Budget for such Fiscal Year, (2} the amount required to be paid into the Renewal and Replacement Account in such Fiscal Year, {3) the amount required to be paid into the Revenue Bond Fund in such Fiscal Year, (4} the amount required to be paid into the Parity Double Barrel Bond Fund in such Fiscal Year, (S) the amount required to be paid into the Parity Debt Service Component Fund in such Fiscal Year, {6} the amount required to be paid into the Subordinate Debt Fund in such Fiscal year, (7) the amount of any other indebtedness of the city attributable to the System that is required to be paid in such Fiscal Year, (8) the amount transferred to the Capital Improvement Account for the immediately preceding Fiscal Year or such other amount as maybe determined by the Director of Public Utilities to be appropriate for the System, and (9) any amount necessary to be paid into any Series Debt Service Reserve Account to restore the amount on deposit therein to the amount of the Series Debt Service Reserve Requirement. The required deposits and uses of each of the funds described in paragraph b) are described i:n detail in the Master Bond Resolution. The fund deposit requirement for the Renewal and Replacement Account is "one-twelfth of $2,000,000 (per month) or such larger amount as may be recommended by the Consulting Engineer and approved by Council" p~sr the Master Bond Resolution. Based on the debt service coverage projections shown in Table 6-7, it is anticipated that the Departrent's debE service coverage pertaining to requirement a) and b) identified above will be met in each year of the five year forecast period. Based on the level of capital funding with current revenues, which is projected to exceed $2 million annually, as shown in Table 6-6, it is anticipated that the Department's '; . ; REQ:}A K City of Virginia Seach • ~' CONSULTING Financial Feasibility Repon 6.11 • + ~•~•~••~• •~ -•~+•+• ••••~• 0153443 [Aafl Financial Feasibility Report Section 6 Financial Feasibility renewal and replacement account will meet the deposit requirements as detailed in the Master Bond Resolution, and identified as item b) above. 6.4.2. Qebt Management Policies On May 14, 2002, City Council approved a set of debt management policies for the Water and Sewer Fund to assist in the guidance of short and long-term financial decisions of the utility system. These policies were adopted as part of the FY 2003 Resource Management Plan of the City. The City envisioned that these policies would evolve over time based on changing circumstances. The City's debt management policies are intended as administrative policies and are not part of any resolutions or legal or regulatory process.4 The debt management policies for the Water and Sewer Fund consist of three measurements; liquidity, debt service coverage, and pay-as-you-go funding. Each policy is described below. ^ Liquidity. The Water and Sewer Enterprise Fund will pursue the goal of retaining working capital equal to 80 to 100 percent of one year operating expenses. ^ Debt Service Coverage. The Water and Sewer Fund will pursue a goal of debt service coverage on its water and sewer revenue bonds at not lcss than 1.50 times and, on a combined basis (i.e. total debt), including water and sewer General Obligation Bonds, at no less than 1.2 times. ^ Pay-as you-go Funding. The Water and Sewer Fund will seek to contribute, from non-borrowed funds, on a five year rolling average basis approximately 25 percent of the annual capital program for the water and sanitary sewer system. Based on the cash flow forecast projections shown in Table 6-6, it is anticipated that the Iepartment will achieve the stated liquidity management policy of retaining working capital equal to, or greater than, 80 to 100 percent of annual operating expenses over the five-year forecast period. Based on the debt service coverage projections shown in Table 6-7, it is anticipated that the Department will achieve the stated debt service coverage management policy of maintaining debt service coverage on its water and sewer revenue bonds at 1.50 times or greater will be met over the five-year forecast period. Based on the cash flow forecast projections shown in Table 6-6, it is anticipated that the Department will achieve the stated pay-as-you-go funding policy of contributing approximately 25 percent of non-borrowed funds to the annual capital program will be met over the five-year forecast period. a Debt Managetr~nt Policy Information provided by the City of Virginia Beach on December I5, 2008 in an email to Red Oak Consulting. . • ~ :~ REL~L~A K City of Virginia seam ~' CCJNSULTI NG Financial Feasibility iteport 6-12 • ~ ~•~~•~~ ~~ -•~~~:• ~~••~~ 0153443 Draft Financial Feasibility Report ~o O U .U C c l0 V ..TAj V W °' 3 F IL s /~ V a i~ F a e~~~~~ ' ~~I~ ~~N~ ~' ~ N ~ N ~N ~~N ~(V ~ M ~N ~ ~ N ~ N N N N ~1~ N~ NI N N N ~ q r ao`v~w n~l~r ~ ~ '" ~ N N a a ~ ~ w N M t N N s w N a~°~~ ~N H F ^ a ~ ^ N MN1~ t~7 V M IN O PN)N' N N ~~~~~~~~~~I~ N Npul lOO l'1 IG N N ~~~~~~~~~m~~ mmN y 1~3~1m N1~ ~^ ~~ ^~Yi N y ~~~~m~~~$~I~ NON P! 111 lO ld N y ~p~p~~~$'~~~I~ N N N N ~~~~~~~~~el~ lO~~~S~~ i88 ' ~ N^~dvaid Zvi ~ N N N ^~Of N Yf NYI N N ~m~~~~ ' ~~ 'I~ N~O R N Q .-{D N N ~~~~~s ' ~~~J~ N N N N ~ r m ~ r ~ PI IN N O O ID N ^ f w N o ge m ~. ~ ~~~~ N ° ~~ N d d e3 I ' .r m N M ~ ~ ~~ ~ O N ( [S ^ V O N n .IR ~ 8 N ~ ~ N N 5~ N C O 11f N P ~p m • • ' N ~ N 8 N W ( d o to m N N I'i, N , ~ N l7 A O ~ ~ ~ e N N ~ ~ O ~ ~~' N a "a8 N d o 1$ N N i C q LL yW a ~ S 2 ~ ~ o ~ ~~ ~~ ~ ~ $ m~ ~~ ~;~g p ~ ~~ ~ LLi q~$~W ~ g.ya'~ ~~ W ~~, ~ ~ 3 ~~ ebb ~#;i~8 ~ g ~ luwa~a ~3ai3m~3 ~~ $ ~ 3aa ~6~Sc ¢ ~ ~g w c~~ r of co 1- /7 f ~'sd ~ ~~~ ~~~ ~~~ ~ ~~m ~~~ ~~~ F3Nm~ OA! ~$ ~ i6~t~ f a ~~~ ~~~ ~ m ~ A ~~~ ~ ~°w e N ~ Yf L yL • ~.a ~gt ~ Wtl W 7 ~~~ ~ F ; a3 ~, $~° m¢w` i . q ofa a tv4 a~ ~~ !~ t~ ~a S ~~ {~ 1 ~ !; i i ~~ ~' ~ j 4 O t s 1 9 O i O p .~ j ~ V g s `~ a ~ U ~~~ e ~ ' €' '~~ 1 ~8 ~ i E :ate i ~ B ~~. ~SDII ~sg 5 ~ } ``FFF ,e° s q a _. ~ 550 0 0 ~~ ~ ~Ag E ~' o _ ~' N m Q 3 C m L ~ m a ti > (,~ ~ ~ CSu.o Z ~~] CL ~ ,I . •`+;. ~: ..~~ t 1 Q~ Q ~u n .~ n c u A 0 V ~ •` N ~ a O ~a+ v m a M N N N q n~ ~{ N ~p~pF ~d~~n n ~n nm ~ O~ Ol N N ^ ^ ~ N N M N ~ r O ~ ~ a~n !~~ ~ ~~ i ~ ~m m E N G^D p/ O t V d OI A ~ ~ ~ ~ ~ r N N N M ~~ o vin ~ a^o,W ~ ,, N N N N _a $pmm~a ~ ~~ ~ g ~o~ ~ ~ O n N O !1f PT ~ ~ CV N ~ N N M N u~ ~ O po p p O~ ~ . ~ C N N N t~1 O ~ N ~ L1I f~ lV C ... N N N N '~ ~ ~$ N fV X11 N M Q N N ~q O ® ~ ~ ~ w w qq ~ 10 O ~ ~9 O d ~ O? ~ ~ J~ N N N ~~ N N M N ~ ~ ~ ~ ~ ~ Ft ~f g ~; Si ~ n ~ ~ .= a~ °a fV tY N A N N M N ~ V ~$~ ~~ ~ ~ ~~ ~ E~ N N N N 6 ~g~ ~~. ~ ~ S~ 8 ~~ ~. N ~ ~ w N N N M s~ V $ y p O ~ p~ CC S o _ 7 ID ~ L ~ ~ m a Li. ~ ~~ E~ ~°t~'~ ~i T_a ~~ > ea: qw ~ a ~ ~ a 'E~ ~ p ~~ SLQ~ 17f ~7 ~ ~ CC~ CJ t7. O Z 3 O 6 w ~~ p~ R C N ~ ~~ z ~~ ~ ~~~~ z~ m b m ~ ~ 8 ~ u $ ~ ~~ ~ Z w aPi~~o~~ a V~~ aaw~ "~~~}_ ~ i a~gR~a :~~ ~ ~~~~ emu. K A ~y ,c • • w O ~ W % d ~ St ~ t • •~ F '~ E<4 d Uw T ~~ 7. Conclusion 7.1. Conlclusions Set forth below are the principal opinions that Red Oak has reached regarding the review of the Dep;irtment's water and sewer system, and the preparation of the cash flow forecast. F'or a complete understanding of the assumptions upon which these opinions are based, this report should be read in its entirety. 1. The: experience and qualifications of the Department's management team are commensurate with their duties and responsibilities; 2. The: water and sewer systems are in good working condition, based on visual insE>ections that were made on March 2nd and March 3`~ , 2010; 3. The Department has maintained debt service coverage ratios over the prior five year period (from FY 2005 through F"Y 2009) at or above the debt management policy goal of the not less than 1.50 times coverage on revenue bond debt, and on a combined basis (i.e. total debt), including water and sewer General Obligation Bonds, at not less than 1.2 times. With the rate increases that were identified in this report, it is anticipated that the Department will continue to meet or exceed its debt management policies over the forecast period; 4. The Department has maintained debt service coverage ratios over the prior five yeal• period at or above the requirements contained in the Master Bond Resolution. With adoption of the rate increases identified in this report, it is anticipated that the Department will continue to meet or exceed these requirements over the forecast period; 5. The Department has funded 25 percent or more of the annual capital program withl non-borrowed funds over the prior five year period and has met its policy related to pay-as-you-go funding. With adoption of the rate increases identified in this report, it is anticipated that the Department will continue to meet or exceed its pay-•as-you-go policy over the forecast period; 6. The Department has met its liquidity goal of retaining working capital equal to, or greater than, 80 to 100 percent of annual operating expenses over the prior five year period. With adoption of the rate increases identified in this report, it is anticipated that the Department will continue to meet its liquidity policy over the forecast period. .; ~~ jf~ (~. City of Virginia i3oach " ~ "+ COI~.ISULTINi,.; Financial Feasibility Report T-1 • • • •~.~--.. ••......~.»•~ 0153443 Draft Financial Feasibility Report Section 7 Conclusion Therefore, based on the information and estimates summarized in this report, which are reasonable in light of current information, the Series 2014 Water and Sewer Bonds are financially feasible. 7.2. Considerations and Assumptions In preparation of this report and the conclusions contained herein, Red Oak has relied on certain assumptions and information provided by the Department with respect to the conditions which may exist or events which may occur in the future. Red Oak believes the information and assumptions are reasonable, but has not independently verified information provided by the Department and others. To the extent that actual future conditions differ from those assumed herein or provided to us by others, the actual results will vary from those illustrated in the forecast (see Tables 6-6 and 6-7}. Red Oak has no responsibility for updating this report for changes that occur after the date of this report. In the preparation of this report, Red Oak has made a number of principal considerations and assumptions (as provided throughout this report); some of the most notable are as follows: 1. Red Oak has made no determination as to the validity and enforceability of any contracts, agreement, existing law, rule, or regulation applicable to the Department and its operations. However, for purposes of this report, Red Oak has assumed that all such contracts, agreements, laws, rules and regulations will be fully enforceable in accordance with their terms. 2. The Department will generally continue the current policies of employing qualified and competent personnel; properly operating and maintaining the Water and Sewer System in accordance with generally accepted industry practices; and of operating the Water and Sewer System in a prudent and sound businesslike manner. 3. The proposed CIP reflects the general needs of the Water and Sewer System, and the C1P will be largely implemented as planned and reflected in this report. 4. The City will implement the rate increases and initiatives described in this report in order to achieve increases in revenue and to manage expenses as presented in the five-year financial forecast. If additional funds are required for the management, operation, and maintenance of the Water and Sewer System, the City will either seek the necessary rate increases to increase revenue or embark upon cost reduction measures, such as reducing nonessential programs to cover these unforeseen expenses. Unforeseen expenses that are not currently anticipated may result from a change in law, uninsured catastrophic event, previously unidentified capital improvements, unanticipated increases in utilities and chemicals, deferred capital improvements that must be accelerated, or currently undefined or unanticipated additional regulatory enforcement actions. u I~EQ.1r1;~ City or Virginia Beach ~'• _ CONSULTING Financial Feasibility Report 7•+2 • •~•~+~•• •+ ••~••« •~•Miz 0153443 Daft Financial Feasibility Report DRAFT 5/14/2010 CONTINUING DISCLOSURE AGREEMENT This CONTINUING DISCLOSURE AGREEMENT dated _, 2010 (the "Disclosure Agreement"), is executed and delivered by the City of Virginia Beach, Virginia (the "City"), in connection with the issuance by the City of its $ Water and Sewer System Revenue Bonds, Series of 2010A, its $ Water and Sewer System Refunding Revenue Bonds, Series of 2010B (Tax-Exempt), and its $ Water and Sewer System Refunding Revenue Bonds, Series of 2010C (Tax-Exempt) (collectively, the "Bonds"). The City hereby covenants and agrees as follows: Section 1. Purpose. This Disclosure Agreement is being executed and delivered by the City for the benefit of the holders of the Bonds and in order to assist the original purchasers of the Bonds in complying with the provisions of Section (b)(5)(i) of Rule 15c2-12 (the "Rule") promulgated by the Securities and Exchange Commission (the "SEC") by providing certain annual financial information and material event notices required by the Rule (collectively, "Continuing Disclosure"). Section 2. Annual Disclosure. (a) The City shall provide annually certain financial information and operating data in accordance with the provisions of Section (b)(5)(i) of the Rule as follows: (i) audited financial statements of the City's water and sewer enterprise fund, prepared in accordance with generally accepted accounting principles; and (ii) the operating data with respect to the water and sewer system described in the City's Official Statement dated _, 2010, entitled "Ten Largest Utility Customers," "Rate History," "Water Resource Recovery Fees," "Water and Sewer Debt," "Water and Sewer Enterprise Fund Debt Service Requirements" and "System Operating Revenues, Expenses and Coverage." If the financial statements filed pursuant to Section 2(a) are not audited, the City shall file such statements as audited when available. (b) The City shall file annually with the Municipal Securities Rulemaking Board (the "MSRB") the financial information and operating data described in subsection (a) above (collectively, the "Annual Disclosure") within 180 days after the end of the City's fiscal year, commencing with the City's fiscal year ending June 30, 2010. (c) Any Annual Disclosure may be included by specific reference to other documents previously provided to the MSRB or filed with the SEC; provided, however, that any final official statement incorporated by reference must be available from the MSRB. (d) The City shall file with the MSRB in a timely manner notice specifying any failure of the City to provide the Annual Disclosure by the date specified. Section 3. Event Disclosure. The City shall file with the MSRB in a timely manner notice of the occurrence of any of the following events with respect to the Bonds, if material: (a) ~-rincipal and interest payment delinquencies; (b) r.~on-payment related defaults; (c) unscheduled draws on debt service reserves reflecting financial difficulties; (d) unscheduled draws on any credit enhancement reflecting financial difficulties; (e) substitution of credit or liquidity providers, or their failure to perform; (f) adverse tax opinions or events affecting the tax-exempt status of the Bonds; (g) modifications to rights of Bondholders; (h) bond calls; (i) defeasance of all or any portion of the Bonds; (j) release, substitution, or sale of property securing repayment of the Bonds; and (k) r~~ting changes. Section 4. Termination. The obligations of the City hereunder will terminate upon the redemption, defE;asance (within the meaning of the Rule) or payment in full of all the Bonds. Section 5. Amendment. The City may modify its obligations hereunder without the consent of Bondholders, provided that this Disclosure Agreement as so modified complies with the Rule as it exists at the time of modification. The City shall within a reasonable time thereafter file with the MSRB a description of such modification(s). Section 6. Defaults. (a) If the City fails to comply with any covenant or obligation regarding Conti~iuing Disclosure specified in this Disclosure Agreement, any holder (within the meaning of the ]Zule) or beneficial holder of Bonds then outstanding may, by notice to the City, proceed to protect and enforce its rights and the rights of the holders by an action for specific performance of the City's covenant to provide the Continuing Disclosure. (b) Notwithstanding anything herein to the contrary, any failure of the City to comply with any obligation regarding Continuing Disclosure specified in this Disclosure Agreement (i) shall not be deemed to constitute an event of default under the Bonds or the resolution providing for the issuance of the Bonds and (ii) shall not give rise to any right or remedy other than that described in Section 6(a) above. Section '~. Filing Method. Any filing required hereunder shall be made by transmitting such disclosure, notice or other information in electronic format to the MSRB through the MSRB's Electronic Municipal Market Access (EMMA) system pursuant to procedures promulgated by 'the MSRB. Section B. Additional Disclosure. The City may from time to time disclose certain information and data in addition to the Continuing Disclosure. Notwithstanding anything herein 2 to the contrary, the City shall not incur any obligation to continue to provide, or to update, such additional information or data. Section 9. Counterparts. This Disclosure Agreement may be executed in several counterparts each of which shall be an original and all of which shall constitute but one and the same instrument. Section 10. Governing Law. This Disclosure Agreement shall be construed and enforced in accordance with the laws of the Commonwealth of Virginia. CITY OF VIRGINIA BEACH, VIRGINIA Mayor, City of Virginia Beach, Virginia City Manager, City of Virginia Beach, Virginia OFFICIAL NOTICE OF SALE CITY OF VIRGINIA BEACH, VIRGINIA $65,000,000 WATER AND SEWER SYSTEM REVENUE BONDS, SERIES 2OlOA Electronic bids only will be received by the City of Virginia Beach, Virginia (the "City"), in accordance with this Official Notice of Sale until 11:30 A.M., Local Time, on Wednesday, June 16, 2010 (the "Date of Sale"). In the case of a malfunction in submitting an electronic bid, facsimile bids will be allowed, as more fully described below. Immediately thereafter, the bids will be publicly announced, and the City Manager will act upon the bids by 2:30 p.m., Local Time. Bidders must designate, through the submission of their bid, all of the Series 20IOC Bonds as either tax- exempt bonds (the "Tax Exempt Bonds'), federally taxable Build America Bonds (the "Taxable BAB Bonds"), or a combination thereof, as further described herein. See "Bidding Rules; Award of Bonds." Bid Submission Solely as an accommodation to bidders, electronic bids via BIDCOMP/PARITY (the "Electronic Bidding System") will be accepted in accordance with this Official Notice of Sale. The City is using BIDCOMP/PARITY as a communication mechanism to conduct the electronic bidding for the sale of $65,000,000 Water And Sewer System Revenue Bonds, Series 2010A (the "Bonds"), as described herein. To the extent any instructions or directions set forth in BIDCOMP/PARITY conflict with this Official Notice of Sale, the terms of this Official Notice of Sale shall control. Each bidder submitting an electronic bid agrees (i) that it is solely responsible for all arrangements with BIDCOMP/PARITY, (ii) that BIDCOMP/PARITY is not acting as the agent of the City, and (iii) that the City is not responsible for ensuring or verifying bidder compliance with any of the procedures of BIDCOMP/PARITY. The City assumes no responsibility for, and each bidder expressly assumes the risks of and responsibility for, any incomplete, inaccurate or untimely bid submitted by such bidder through BIDCOMP/PARITY. Each bidder shall be solely responsible for making necessary arrangements to access the Electronic Bidding System for purposes of submitting its bid in a timely manner and in compliance with the requirements of this Official Notice of Sale. Neither the City nor the Electronic Bidding System shall have any duty or obligation to provide or assure such access to any bidder, and neither the City nor BIDCOMP/PARITY shall be responsible for proper operation of, or have any liability for, any delays or interruptions of, or any damages caused by, BIDCOMP/PARITY. For further information about BIDCOMP/PARITY, potential bidders may contact BIDCOMP/PARITY at 1359 Broadway, 2°d Floor, New York, New York 10018, telephone (212) 849-5021. The Bonds may be issued as one tax-exempt series, one taxable series, or a combination thereof, as further described herein. In the event of a malfunction of the Electronic Bidding System, facsimile transmission bids will be accepted up to 11:30 A.M., Local Time, on the Date of Sale. Bidders choosing to submit bids in the case of a malfunction by facsimile transmission shall use the following telecopier numbers for such transmission: (757) 385- 4302 or (757) 385-8894 (Attention: Patricia A. Phillips). Transmissions received after the deadline shall be rejected. It is the responsibility of the bidder to ensure that the bid is legible, that the bid is received not later than 11:30 A.M., Local Time, and that the bid is sent to one of the telecopier numbers set forth above. Illegible transmissions shall be rejected. The City's financial advisor, Government Finance Associates, Inc. ("Financial Advisor") will, on behalf of the City, verify receipt of each bid submitted through facsimile transmission by contacting each bidder by telephone once the bid has been received. The Financial Advisor will in no instance correct, alter or in any way change bids submitted through facsimile transmission. Neither the City nor its Financial Advisor will be responsible for bids submitted by facsimile transmission not received in accordance with the provisions of this Official Notice of Sale. Bidders electing to submit bids via facsimile transmission will beaz full and complete responsibility for the transmission of such bid. Each bid must be unconditional. Principal Redemption The Bonds will be general obligation bonds of the City, dated the date of delivery (the "Dated Date"), anticipated for Tuesday, June 29, 2010, and will mature serially or be subject to mandatory sinking fund redemptions on October 1 in the years and amounts shown below. Preliminary Preliminary Due October 1 Amount Due October 1 Amount 2011 $1,645,000 2024 $2,495,000 2012 1,680,000 2025 2,625,000 2013 1,715,000 2026 2,755,000 2014 1,750,000 2027 2,900,000 2015 1,785,000 2028 3,045,000 2016 1,820,000 2029 3,205,000 2017 1,865,000 2030 3,370,000 2018 1,925,000 2031 3,540,000 2019 1,980,000 2032 3,720,000 2020 2,050,000 2033 3,915,000 2021 2,145,000 2034 4,115,000 2022 2,255,000 2035 4,325,000 2023 ~ 2,375,000 Serial Bonds, Term Bonds and Mandatory Sinking Fund Redemptions Bidders m;ay provide in the bid form for all of the Bonds to be issued as serial Bonds or may designate consecutive annual principal amounts of the Bonds to be combined into not more than two Term Bonds. In the event that a bidder chooses to specify a Term Bond, each such Term Bond shall be subject to mandatory sinking fund redemption commencing on October 1 of the first year which has been combined to form such Term Bond and continuing on October 1 in each year thereafter until the stated maturity of such Term Bond. The amount redeemed in any year shall be equal to the principal amount for such year set forth in the amortization schedule above. Bonds to be redeemed in any year by mandatory sinking fund redemption shall be redeemed at paz and shall be selected by lot from among the maturities of the Term Bond being redeemed. Description of the :Bonds; Book-Entry Only System The Bonds will be issued by means of a book-entry system with no distribution of physical Bond certificates made to the public. One Bond certificate for each maturity will be issued to The Depository Trust Company, New York, New York ("DTC"), or its nominee, and immobilized in its custody. The book-entry system will evidence beneficial ownership of the Bonds in principal amounts of $5,000 or multiples thereof, with transfers of beneficial ownership effected on the records of DTC and its participants pursuant to rules and procedures established by DTC' and its participants. Bond certificates registered in the name of Cede & Co. will be deposited with DTC. Interest on the Bonds will be paid semiannually on October 1 and April 1, beginning October 1, 2010, and principal on the Bonds will be paid annually on October 1, beginning October 1, 2011, to DTC or its nominee as registered owner of the Bonds. Transfer of principal and interest payments to beneficial owners by participants of DTC will be the re~~ponsibility of such participants and other nominees of beneficial owners. The City will not be 2 responsible or liable for maintaining, supervising or reviewing the records maintained by DTC, its participants or persons acting through such participants. DTC may discontinue providing its services as securities depository with respect to the Bonds at any time by giving reasonable notice to the City. Under such circumstances, in the event that a successor securities depository is not obtained, Bond certificates aze required to be prepared, executed and delivered. The City may decide to discontinue use of the system of book-entry transfers through DTC (or a successor securities depository). In that case, either a successor depository will be selected by the City or Bond certificates will be prepared, executed and delivered. Optional Redemption Optional Redemption for Bonds Sold and Issued as Tax Exempt Bonds Tax-Exempt Bonds that mature on or before October 1, 2020 are not subject to optional redemption prior to their stated maturities. Tax-Exempt Bonds that mature on and after October 1, 2021 will be subject to redemption beginning October 1, 2020, in whole or in part at any time, at the option of the City, upon payment of the par amount of the Tax-Exempt Bonds so redeemed plus interest accrued and unpaid to the redemption date. Extraordinary Optional Redemption for Taxable BAB Bonds Before October 1, 2020, any Bonds issued as Taxable BAB Bonds are subject to redemption on any date prior to their maturity at the option of the City, in whole or in part upon the occurrence of an Extraordinary Event, as defined below, at a redemption price equal to the greater of: (1) 100% of the principal amount of the Bonds to be redeemed; or (2) the sum of the present value of the remaining scheduled payments of principal and interest to the maturity date of the Bonds to be redeemed, not including any portion of those payments of interest accrued and unpaid as of the date on which the Bonds are to be redeemed, discounted to the date on which the Bonds aze to be redeemed on asemi-annual basis, assuming a 360-day year consisting of twelve 30-day months, at the Treasury Rate, plus 100 basis points; plus, in each case, accrued interest on the Bonds to be redeemed to the redemption date. An "Extraordinary Event" will have occurred if the City determines that a material adverse change has occurred to Section 54AA or 6431 of the Code (as such Sections were added by Section 1531 of the Recovery Act, pertaining to "Build America Bonds") or there is any guidance published by the Internal Revenue Service or the United States Department of the Treasury with respect to such Sections or any other determination by the Internal Revenue Service or the United States Department of the Treasury, which determination is not the result of any act or omission by the City to satisfy the requirements to qualify to receive the 35% cash subsidy payment from the United States Department of the Treasury, pursuant to which the City's 35% cash subsidy payment from the United States Department of the Treasury is reduced or eliminated. "Treasury Rate" means, with respect to any redemption date for a particular Taxable BAB Bond, the yield to maturity as of such redemption date of United States securities with a constant maturity (as compiled and published in the most recent Federal Reserve Statistical Release H.15 (519)) that has become publicly available at least two business days prior to the redemption date (excluding inflation indexed securities or, if such Statistical Release is no longer published, any publicly available source of similaz mazket data) most nearly equal to the period from the redemption date to the maturity date of the Taxable BAB Bond to be redeemed; provided, that if the period from the redemption date to the maturity date is less than one year, the weekly average yield on actually traded United States Treasury securities adjusted to a constant maturity of one yeaz will be used. 3 Optional ~eedemption for Bonds Sold and Issued As Taxable BAB Bonds Taxable BAB Bonds maturing on and prior to October 1, 2020 will not be subject to redemption prior to maturity except pw•suant to the extraordinary optional redemption provisions set forth above. Taxable BAB Bonds maturing after October 1, 2020 will be subject to redemption prior to maturity, at the option of the City, on or after October 1, 2020, either in whole or in part on a pro rata basis as described below at any time, at a redemption price of 100% of the principal amount of the Taxable BAB Bonds to be redeemed, plus accrued interest to the date set for redemption. Selection of Bonds to be Redeemed in Partial Redemption The following provisions shall apply to Bonds sold and issued as Tax-Exempt Bonds: If less than all of the Bonds are called for optional redemption, the Bonds to be redeemed shall be selected by the City's Director of Finance in such manner as may be determined to be in the best interest of the City. If less than all of the Boncis of a particular maturity are called for redemption, DTC or any successor securities depository will select the Bonds to be redeemed pursuant to its rules and procedures or, if the book-entry system is discontinued, the Bonds to be redeemed will be selected by the City Treasurer, who has been appointed registrar (the "Registrar"), by lot in such manner as the Registrar in its discretion may determine. In either case, each portion of the $5,000 principal. amount is counted as one Bond for such purpose. The following provisions shall apply to Bonds sold and issued as Taxable BAB Bonds: If less than all of the Taxable BAB Bonds of a particular maturity are called for redemption, the particular Taxable BAB Bonds to be redeemed will be selected on a pro-rata basis. With respect to such Taxable BAB Bonds sold, "pro rata" is determined, in connection with any mandatory sinking fund redemption or any optional redemption in part„ by multiplying the principal amount of such maturity to be redeemed on the application redemption date by a fraction, the numerator of which is equal to the principal amount of the Taxable BAB Bond of such maturity owned by the registered owner, and the denominator of which is equal to the total amount of the Taxable BAB Bonds of such maturity then outstanding immediately prior to such redemption date, and then rounding the product down to the next lower integral multiple of $5,000; provided that the portion of any Taxable BAB Bonds to be r~;deemed are required to be in authorized denominations and all Taxable Bonds of a maturity to remain outstanding following any redemption are required to be in authorized denominations. Notwithstanding the foregoing, if the Taxable BAB Bonds are in book-entry form a the time of such redemption, the City will instruct DTC to instruct the DTC participants to select the specific Taxable BAB Bonds for redemption by lot within maturities among Beneficial Owners, and the City shall not have any responsibility to ensure that DTC or the DTC participants properl}~ select such Taxable BAB Bonds for redemption. Notice of Redemptiion The City will cause notice of the call for redemption identifying the Bonds or portions thereof to be redeemed to be sent by facsimile transmission, registered or certified mail or overnight express delivery, not less than 30 nor more than 60 days prior to the redemption date, to the registered owner thereof. The City shall not be responsible for mailing notice of redemption to anyone other than DTC or another qualified securities depository or its nominee unless rio qualified securities depository is the registered owner of the Bonds. If no qualified securities depository is the registered owner of the Bonds, notice of redemption shall be mailed to the registered owners of the Bonds. If a portion of a Bond is called for redemption, a new Bond in principal amount equal to the unredeemed portion shall be issw~d to the registered owner upon the surrender thereof Security 4 The Bonds are limited obligations of the City, payable solely from Pledged Revenues of the System, subject to the prior application thereof to the payment of Operating Expenses, and reserves therefore, as provided in the Resolution, as further described in the City's Preliminary Official Statement, dated , 2010. Neither the faith and credit of the Commonwealth of Virginia nor the faith and credit of any county, city, town or other subdivision of the Commonwealth of Virginia, including the City, are pledged to the payment of principal of or interest on the Bonds. In the Resolution, the City covenants to fix, chazge, collect and revise its fees, rates and other charges for the use of and for the services furnished by the System in each Fiscal Yeaz so as to produce revenues sufficient to pay the cost of operation and maintenance, the cost of necessary replacements and improvements and debt service on the Bonds and on any other indebtedness of the City secured by such revenues, and to provide certain reserves therefore. Use of Bond Proceeds As described in more detail in the City's Preliminary Official Statement, dated , 2010, the Bonds aze being issued to provide funds for various water and sewer construction projects in the City and for certain costs of issuance related to the Bonds. Bidding Rules; Award of Bonds A bidder may choose to submit tax-exempt interest rates or taxable Build American Bonds (BAB) interest rates on a maturity by maturity basis. The Bonds may be issued as one tax-exempt series, one taxable BAB series, or a combination which would include a series of Tax-Exempt Bonds and a series of Taxable BAB Bonds. In the event the winning bid is a combination of Tax-Exempt Bonds and Taxable BAB Bonds, the Tax-Exempt Bonds will be identified as Series 2010A-1 (Tax-Exempt) and the Taxable BAB Bonds will be identified as Series 2010A-2 (Taxable -Build America Bonds). Bidders may only bid to purchase all of the Bonds. No bid for less than 100% of paz (computed on the basis of a 360-day yeaz and twelve 30-day months) shall be considered. Bidders are invited to name the rate or rates of interest per annum which the Bonds are to beaz in multiples of one-twentieth (1/20th) or one-eighth (1/8th) of one percent. All Bonds maturing on the same date must bear interest at the same rate. Any .number of rates may be named provided that (a) the highest rate of interest may not exceed the lowest rate of interest by more than 5 percentage points, and (b) the highest rate of interest stated for any maturity may not exceed 6.5% per annum. The rate limitation shall apply to both Tax-Exempt Bonds and to Taxable BAB Bonds; for purposes of the award, the interest rates on any Taxable BAB Bonds shall be reduced by 35% (reflecting the tax credit that the City will elect to receive as a result of the Bonds being qualified Build America Bonds). In no event shall the true interest cost for the issue received by the City exceed 4.5%. Bidders must provide to the City immediately upon award the reoffering price for such Bonds; for Taxable BAB Bonds, such reoffering price for each maturity cannot exceed the par amount of the individual maturity by more than 0.25 percent multiplied by the number of whole yeazs to the maturity date of such Bonds. The City reserves the right to reject any or all bids (regazdless of the interest rate bid), to reject any bid not complying with this Official Notice of Sale and, so far as permitted by law, to waive any irregularity or informality with respect to any bid or the bidding process. Unless all bids aze rejected, the Bonds will be awarded to the bidder complying with the terms of this Official Notice of Sale and submitting a bid which provides the lowest "true" interest cost to the City. True interest cost shall be determined for each bid by doubling the semiannual interest rate, compounded semiannually, necessary to discount the debt service payments from the payment dates to the Dated Date and to the price bid. If more than one bid offers the same lowest true interest cost, the successful bid will be selected by the City Manager by lot. The City reserves the right to reject any or all bids and to waive any irregularity or informality with respect to any bid. Bids for the Bonds shall not be conditioned upon obtaining insurance or any other credit enhancement. If a bidder proposes to obtain a policy of municipal bond insurance or any other credit enhancement, any such purchase of insurance or commitment therefor shall be at the sole option and expense of the bidder, and the bidder must pay any increased costs of issuance of the Bonds as a result of such insurance or commitment. Any failure by the bidder 5 to obtain such a policy of insurance shall not in any way relieve such bidder of its contractual obligations arising from the acceptance: of its bid for the purchase of the Bonds. As promptly as reasonably possible after the bids are received, the City will notify the bidder to whom the Bonds will be awarded, if and when such award is made. Such bidder, upon such notice, shall advise the City of the initial reoffering prices or yields to the public of each maturity of the Bonds (the "Initial Reoffering Prices or Yields") and details regarding the anticipated use of a municipal bond insurance policy, if any, in connection with the Bonds. The successful bidder must reasonably expect to sell to the public 10% or more in par amount of the Bonds from each maturity at the Initial Reoffering Prices or Yields. All bids will remain firm for a period of no less than three how-s after the time specified for the opening of bids. An award of the Bonds, if made, will be made by the City Manager within such three hour period or, with the express consent of the bidders, such longer time period as deemed necessary. Good Faith Deposit The successful bidder for the Bonds is required to submit a Good Faith Deposit in the amount of $650,000 payable to the order of the City of Virginia Beach in the form of a wire transfer in federal funds, as instructed by the City's Financial A~Jvisor. The successful bidder must submit the Good Faith Deposit not later than 11:30 A.M., Local Time, on the; next business day following the award. The successful bidder shall provide the federal funds reference number upon request of the City. If the successful bidder fails to comply with the terms of its bid, the Good Faith Deposit shall be retained by the City as full liquidated damages; otherwise, the amount thereof will be applied to the purchase price of the Bonds at the time of delivery. No interest on the Good Faith Deposit will accrue to the successful bidder. Delivery of the Bonds The Bonds will be delivered at the expense of the City in New York, New York, through the facilities of DTC on or about June 29, 2010. Concurrently with the delivery of the Bonds, the City will furnish to the successful bidder without cost (a) a certificate dated the date of delivery of the Bonds, signed by the appropriate City officials and stating that no litigation of any kind is then pending or, to the best of their information, knowledge and belief, threatened against the City to restrain or enjoin the issuance or delivery of the Bonds or the levy or collection of ad valorem taxes and (b) certificates date;d the date of delivery of the Bonds, stating that the descriptions and statements in the Official Statement (except :in the sections entitled "Book-Entry System" and "Tax Exemption" and in the columns "Price/ Yield" and "CUSIF' No." on the inside cover), on the date of the Official Statement and on the date of delivery of the Bonds, were and are true and correct in all material respects, did not and do not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make such descriptions and statements, in light of the circumstances under which they were made, not misleading. Such certificates will also state, however, that such City officials did not independently verify the information indicated in the Official Statement as having been obtained or derived from sources other than the City and its officers but they have no reason to believe that such information is not accurate. Certificate of Winning Bidder The successful bidder must, by facsimile transmission or overnight delivery received by the City within 24 hours after receipt of the bids for the Bonds, furnish the following information to the City to complete the Official Statement in final form, as described below: A. T'he offering prices for the Bonds (expressed as the price or yield per maturity, exclusive of any accrued interest). 6 B. Selling compensation (aggregate total anticipated compensation to the underwriters expressed in dollazs, based on the expectation that all Bonds aze sold at the prices or yields described in Subpart A above). C. The identity of the underwriters if the successful bidder is a part of a group or syndicate. D. Any other material information necessary to complete the Official Statement in final form but not known to the City. Prior to the delivery of the Bonds, the successful bidder shall furnish to the City a certificate in form acceptable to bond counsel, to the effect that the successful bidder has made a bona fide public offering of the Bonds at the initial public offering prices set forth in such certificate, that the successful bidder has complied with Rule G- 37 of the Municipal Securities Rulemaking Boadd (the "MSRB") with respect to the City and that a substantial amount of the Bonds of each maturity were sold to the public (excluding bond houses, brokers and other intermediaries) at such initial public offering prices. Such certificate shall state that (1) it is made on the best knowledge, information and belief of the successful bidder and (2) 10% or more in paz amount of the Bonds of each maturity was reasonable expected to be sold on the Date of Sale to the public at the initial public offering price (such amount being sufficient to establish the sale of a substantial amount of the Bonds). CUSIP Numbers It is anticipated that CUSIP identification numbers will be printed on the Bonds, but neither the failure to print such numbers on any Bond nor any error with respect thereto shall constitute cause for failure or refusal by the successful bidder thereof to accept delivery of and pay for the Bonds in accordance with the terms of its bid. The City will assume responsibility for the expense of the initial printing of CUSIP numbers; provided, however, that the City assumes no responsibility for any CUSIP Service Bureau or other chazges that may be imposed for the assignment of such numbers. All expenses in connection with the assignment of CUSIP numbers shall be paid by the successful bidder. It shall be the obligation of the successful bidder to furnish to DTC an underwriter questionnaire and to the City the CUSIP numbers for the Bonds within two business days following the date of award. Official Statement The City will furnish the successful bidder at the expense of the City up to 500 copies of the fmal Official Statement by the earlier of the closing date and seven business days from the date of the award of the Bonds, as specified in Rule 15c2-12 (the "Rule") of the Securities and Exchange Commission (the "SEC") and the rules of the MSRB provided that minor delays in furnishing such final Official Statement will not be a basis for failure to pay for and accept delivery of the Bonds. Additional copies will be made available at the successful bidder's request and expense. The City assumes no responsibility or obligation for the distribution or delivery of the Official Statement to anyone other than the successful bidder. The successful bidder agrees to provide one copy of the Official Statement to the Municipal Securities Rulemaking Board using its Electronic Municipal Market Access System upon receipt of the Official Statement from the City and two copies of the Official Statement (with any required forms) to the MSRB or its designee no later than ten business days following the Date of Sale. The successful bidder shall notify the City as soon as practicable of (1) the date which is the end of the underwriting period (such "underwriting period" is described in the Rule), and (2) the date of filing the Official Statement with the MSRB or its designee. If the Bonds aze awarded to a syndicate, the City will designate the senior managing underwriter of the syndicate as its agent for purposes of distributing copies of the Official Statement to each participating underwriter. Any underwriter executing and delivering a bid form with respect to the Bonds agrees thereby that if its bid is accepted it shall accept such designation and shall enter into a contractual relationship with all participating underwriters for the purposes of assuring the receipt and distribution by each such participating underwriter of the Official Statement, unless another firm is so designated by the syndicate in writing and approved by the City. 7 Legal Opinion The approving opinion of Hunton & Williams LLP, Richmond, Virginia, Bond Counsel with respect to the Bonds will be furnished to the successful bidder at the expense of the City and will state that the Bonds constitute limited obligations of the City, payable solely from Pledged Revenues, as deemed in the Preliminary Official Statement, dated , 2010, subject to the prior application thereof to the payment of Operating Expenses, and reserves established under the Resolution on a parity with other water and sewer system revenue bonds of the City. Federal and State Securities Laws No action has been taken to qualify the Bonds under the federal and Commonwealth securities laws. Tax Matters The Preliminary Official Statement relating to the Bonds contains a discussion of the tax status of interest received on the Bonds, whether issued as Tax-Exempt Bonds or Taxable BAB Bonds. Continuing Disclosure To assist the successful bidder in complying with the Rule, the City will agree, pursuant to the Continuing Disclosure Agreement, to provide certain annual financial information and operating data and notices of the occurrence of certain events, if material. A description of this undertaking is set forth in the Preliminary Official Statement for the Bonds and will also be set forth in the final Official Statement for the Bonds (See Appendix of the Preliminary Official Statement dated , 2010). Change of Date and Time for Receipt of Bids The City Expects to take bids on the Bonds on June 16, 2010. However, the City reserves the right to postpone the date ~u-d time established for the receipt of bids. Any such postponement will be announced by the Thomson Municipal Newswire ("TM3"), or any other such service. If the receipt of bids is postponed, any alternative date for receipt of bids will be announced via TM3, or any other such service. Any bidder must submit a bid for the purchase of the Bonds on such alternative sale date in conformity with the provisions of this Official Notice of Sale, except for any changes announced via TM3, or any other such service used by the City for this purpose, as describE;d therein. Additional Information For further information relating to the Bonds and the City, reference is made to the City's Preliminary Official Statement. The City has deemed the Preliminary Official Statement to be fmal as of its date within the meaning of the Rule, except for the omission of certain pricing and other information permitted to be omitted pursuant to the Rule. The Official Bid Form and the Preliminary Official Statement may be obtained from the City's Financial Advisor, Government Finance Associates, Inc. (telephone 212-521-4090). CITY OF VIRGINIA BEACH, VIlZGINIA By: James K. Spore City Manager Dated: , 2010 8 OFFICIAL NOTICE OF SALE CITY OF VIRGINIA BEACH, VIRGINIA $8,115,000* WATER AND SEWER SYSTEM REFUNDING REVENUE BONDS, SERIES 2010B Electronic bids only will be received by the City of Virginia Beach, Virginia (the "City"), in accordance with this Official Notice of Sale until 11:30 a.m., Local Time, on Thursday, June 17, 2010 (the "Date of Sale"). In the case of a malfunction in submitting an electronic bid, facsimile bids will be allowed, as more fully described below. Immediately thereafter, the bids will be publicly announced, and the City Manager will act upon the bids by 2:30 p.m., Local Time. Bid Submission Solely as an accommodation to bidders, electronic bids via BIDCOMP/PARITY (the "Electronic Bidding System") will be accepted in accordance with this Official Notice of Sale. The City is using BIDCOMP/PARITY as a communication mechanism to conduct the electronic bidding for the sale of $8,115,000* Water And Sewer System Revenue And Refunding Bonds, Series 2010B (the "Bonds"), as described herein. To the extent any instructions or drrections set forth in BIDCOMP/PARITY conflict with this Official Notice of Sale, the terms of this Official Notice of Sale shall control. Each bidder submitting an electronic bid agrees (i) that it is solely responsible for all arrangements with BIDCOMP/PARITY, (ii) that BIDCOMP/PARITY is not acting as the agent of the City, and (iii) that the City is not responsible for ensuring or verifying bidder compliance with any of the procedures of BIDCOMP/PARITY. The City assumes no responsibility for, and each bidder expressly assumes the risks of and responsibility for, any incomplete, inaccurate or untimely bid submitted by such bidder through BIDCOMP/PARITY. Each bidder shall be solely responsible for making necessary arrangements to access the Electronic Bidding System for purposes of submitting its bid in a timely manner and in compliance with the requirements of this Official Notice of Sale. Neither the City nor the Electronic Bidding System shall have any duty or obligation to provide or assure such access to any bidder, and neither the City nor BIDCOMP/PARITY shall be responsible for proper operation of, or have any liability for, any delays or interruptions of, or any damages caused by, BIDCOMP/PARITY. For further information about BIDCOMP/PARITY, potential bidders may contact BIDCOMP/PARITY at 1359 Broadway, 2°d Floor, New York, New York 10018, telephone (212) 849-5021. In the event of a malfunction of the Electronic Bidding System, facsimile transmission bids will be accepted up to 11:30 a.m., Local Time, on the Date of Sale. Bidders choosing to submit bids in the case of a malfunction by facsimile transmission shall use the following telecopier numbers for such transmission: (757) 385- 4302 or (757) 385-8894 (Attention: Patricia A. Phillips). Transmissions received after the deadline shall be rejected. It is the responsibility of the bidder to ensure that the bid is legible, that the bid is received not later than 11:30 a.m., Local Time, and that the bid is sent to one of the telecopier numbers set forth above. Illegible transmissions shall be rejected. The City's financial advisor, Government Finance Associates, Inc. ("Financial Advisor"), will, on behalf of the City, verify receipt of each bid submitted through facsimile transmission by contacting each bidder by telephone once the bid has been received. The Financial Advisor will in no instance correct, alter or in any way change bids submitted through facsimile transmission. Neither the City nor the Financial Advisor will be responsible for bids submitted by facsimile transmission not received in accordance with the provisions of this Official Notice of Sale. Bidders electing to submit bids via facsimile transmission will bear full and complete responsibility for the transmission of such bid. * Preliminary; subject to change. Each bid must be unconditional. Principal Redempition The Bonds will be public facility refunding revenue bonds of the City, dated the date of delivery (the "Dated Date"), and will mature serially or be subject to mandatory sinking fund redemptions on October 1 in the years and amounts shown below. Preliminary Preliminary Due OctobE;r 1 Amount* Due October 1 Amount* 2010 $80,000 2016 $ 85,000 2011 75,000 2017 885,000 2012 80,000 2018 1,290,000 2013 80,000 2019 1,740,000 2014 80,000 2020 1,790,000 2015 85,000 2021 1,845,000 *Preliminary; subje~~t to change. Serial Bonds, Term Bonds and Mandatory Sinking Fund Redemptions Bidders miy provide in the bid form for all of the Bonds to be issued as serial Bonds or may designate consecutive annual principal amounts of the Bonds to be combined into not more than two Term Bonds. In the event that a bidder chooses to specify a Term Bond, each such Term Bond shall be subject to mandatory sinking fund redemption commencing on October 1 of the first yeaz which has been combined to form such Term Bond and continuing on October 1 in each yeaz thereafter until the stated maturity of such Term Bond. The amount redeemed in any year shall be equal to the principal amount for such year set forth in the amortization schedule above. Bonds to be redeemed in any year by mandatory sinking fund redemption shall be redeemed at par and shall be selected by lot from among the :maturities of the Term Bond being redeemed. Description of the ]Bonds; Book-Entry Only System The Bond:> will be issued by means of a book-entry system with no distribution of physical Bond certificates made to the public. One Bond certificate for each maturity will be issued to The Depository Trust Company, New York, New York ("DTC"), or its nominee, and immobilized in its custody. The book-entry system will evidence beneficial ownership of the Bonds in principal amounts of $5,000 or multiples thereof, with transfers of beneficial ownership effected on the records of DTC and its participants pursuant to rules and procedures established by DTC and its participants. Bond certificates registered in the name of Cede & Co. will be deposited with DTC. Interest on the Bonds will be paid semiannually on October 1 and April 1, beginning October 1, 2010, and principal on the Bonds will be paid annually on October 1, beginning October 1, 2010, to DTC or its nominee as registered owner of the Bonds. Transfer of principal and interest payments to beneficial owners by participants of DTC will be the responsibility of such participants and other nominees of beneficial owners. The City will not be responsible or liable for maintaining, supervising or reviewing the records maintained by DTC, its participants or persons acting through such participants. 2 DTC may discontinue providing its services as securities depository with respect to the Bonds at any time by giving reasonable notice to the City. Under such circumstances, in the event that a successor securities depository is not obtained, Bond certificates are required to be prepazed, executed and delivered. The City may decide to discontinue use of the system of book-entry transfers through DTC (or a successor securities depository). In that case, either a successor depository will be selected by the City or Bond certificates will be prepared, executed and delivered. Optional Redemption The Bonds that mature on or before October 1, 2020 are not subject to optional redemption prior to their stated maturities. The Bonds that mature on or after October 1, 2021 will be subject to redemption beginning October 1, 2020, in whole or in part at any time, at the option and direction of the City, upon payment of the paz amount of principal so redeemed plus interest accrued and unpaid to the redemption date. Security The Bonds aze limited obligations of the City, payable solely from Pledged Revenues of the System, subject to the prior application thereof to the payment of Operating Expenses, and reserves therefore, as provided in the Resolution, as further described in the City's Preliminary Official Statement, dated , 2010. Neither the faith and credit of the Commonwealth of Virginia nor the faith and credit of any county, city, town or other subdivision of the Commonwealth of Virginia, including the City, aze pledged to the payment of principal of or interest on the Bonds. In the Resolution, the City covenants to fix, chazge, collect and revise its fees, rates and other charges for the use of and for the services furnished by the System in each Fiscal Yeaz so as to produce revenues sufficient to pay the cost of operation and maintenance, the cost of necessary replacements and improvements and debt service on the Bonds and on any other indebtedness of the City secured by such revenues, and to provide certain reserves therefore. Use of Bond Proceeds As described in more detail in the City's Preliminary Official Statement, dated , 2010, the Bonds are being issued to pay for the refunding of a portion of the City's Water And Sewer Revenue And Refunding Bonds, Series of 2005, and to pay certain costs of issuance related to the Bonds. Bidding Rules; Award of Bonds Bidders may only bid to purchase all of the Bonds. Bidders aze invited to name the rate or rates of interest per annum which the Bonds are to beaz in multiples of one-twentieth (1/20th) or one-eighth (1/8th) of one percent. All Bonds maturing on the same date must bear interest at the same rate. Any number of rates may be named provided that (a) the highest rate of interest may not exceed the lowest rate of interest by more than 3 percentage points, and (b) the highest rate of interest stated for any maturity may not exceed 5.0% per annum, but in no event shall the "true" interest cost exceed 4.5%. No bid for less than 100% of par shall be considered. The City reserves the right to reject any or all bids (regardless of the interest rate bid), bid not complying with this Official Notice of Sale and, so far as permitted by law, to waive any irregularity or informality with respect to any bid or the bidding process. As promptly as reasonably possible after the bids aze received, the City will notify the bidder to whom the Bonds will be awazded, if and when such awazd is made. Such bidder, upon such notice, shall advise the City of the initial reoffering prices or yields to the public of each maturity of the Bonds (the "Initial Reoffering Prices or Yields") and details regarding the anticipated use of a municipal bond insurance policy, if any, in connection with the Bonds. The successful bidder must reasonably expect to sell to the public 10% or more in par amount of the Bonds from each maturity at the Initial Reoffering Prices or Yields. All bids will remain firm for a period of no less than three hours afl:er the time specified for the opening of bids. An award of the Bonds, if made, will be made by the City Manager within such three hour period or, with the express consent of the bidders, such longer time period as deemed necessazy. Unless all bids aze rejected, the Bonds will be awazded to the bidder complying with the terms of this Official Notice of Sale and submitting a bid which provides the lowest "true" interest cost to the City. True interest cost shall be detemuned for each bid by doubling the semiannual interest rate, compounded semiannually, necessary to discount the debt. service payments from the payment dates to the Dated Date, which is the date of settlement, and to the bid price. If more than one bid offers the same lowest true interest cost, the successful bid will be selected by the City Manager lby lot. The City reserves the right to reject any or all bids and to waive any irregularity or informality with respect to any bid. Bids for th.e Bonds shall not be conditioned upon obtaining insurance or any other credit enhancement. If a bidder proposes to obtain a policy of municipal bond insurance or any other credit enhancement, any such purchase of insurance or conunitment therefor shall be at the sole option and expense of the bidder, and the bidder must pay any increased costs of issuance of the Bonds as a result of such insurance or commitment. Any failure by the bidder to obtain such a policy of insurance shall not in any way relieve such bidder of its contractual obligations arising from the acceptancf; of its bid for the purchase of the Bonds. Adjustment of Principal Amount Prior to the Opening of Bids The prelnrunary aggregate principal amount of the Bonds and the preliminary annual principal maturities of the Bonds, each as set forth in this Official Notice of Sale, may be revised by the City before the receipt of bids. Any such revisions made prior to receipt of the bids will be published via TM3 Newswire (or some other municipal newswire recogniz~;d by the municipal securities industry) and via BIDCOMP/PARITY no later than 9:00 a.m. (Local Time) on the Date of Sale. In the event that no such revisions are made, the preliminary amounts will constitute the amo~utts that shall be used for the bid and award of the Bonds, subject to further adjustment, as described below. Adjustment of Principal Amount After Award The City reserves the right, after the awazd of the Bonds to the successful bidder, to increase or decrease by up to ten percent (10%) the principal amount of the Bonds being offered hereby. The City may choose not to exercise such right to increase or decrease the principal amount of the Bonds being offered. Should the City decide to exercise this right, any such increase or decrease in the principal amount of particular maturities of the Bonds will be communicated to the successful bidder by 5:00 p.m., Local Time, on the Date of Sale. The dollar amount bid for the principal of the Bonds by the successful bidder will be adjusted as necessary to reflect any increase or decrease in the principal am~~unt of the applicable maturities of the Bonds so adjusted, but the interest rates specified by the successful bidder fir each maturity will not be altered. Such adjusted dollar amount bid will not change the successful bidder''. compensation per $1,000 of par amount of the Bonds from that which would have resulted from the bid submutted. The successful bidder may not withdraw its bid as a result of any change made within the foregoing limits. Good Faith Deposiit The succe:~sful bidder for the Bonds is required to submit a Good Faith Deposit in the amount of $80,000 payable to the order of the City of Virginia Beach in the form of a wire transfer in federal funds, as instructed by the City's Financial Advisor. The successful bidder must submit the Good Faith Deposit not later than 11:30 a.m., Local Time, on the next business day following the award. The successful bidder shall provide the federal funds reference number upon request. If the successful bidder fails to comply with the terms of its bid, the Good Faith Deposit shall be retained by the City as full liquidated damages; otherwise, the amount thereof will be applied to the purchase price of the Bonds at the time of delivery. No interest on the Good Faith Deposit will accrue to the successful bidder. 4 Delivery of the Bonds The Bonds will be delivered at the expense of the City in New York, New York, through the facilities of DTC on or about June 29, 2010. Concurrently with the delivery of the Bonds, the City will fiunish to the successful bidder without cost (a) certificates dated the date of delivery of the Bonds, signed by the appropriate City officials and stating that no litigation of any kind is then pending or, to the best of their information, knowledge and belief, threatened against the City to restrain or enjoin the issuance or delivery of the Bonds or the levy or collection of ad valorem taxes and (b) certificates dated the date of delivery of the Bonds, stating that the descriptions and statements in the Official Statement (except in the section entitled "Tax Matters" and in the column "Yield" and "CUSIP" on the inside cover and in Appendix D), on the date of the Official Statement and on the date of delivery of the Bonds, were and are true and correct in all material respects, did not and do not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make such descriptions and statements, in light of the circumstances under which they were made, not misleading. Such certificates will also state, however, that such City officials did not independently verify the information indicated in the Official Statement as having been obtained or derived from sources other than the City and its officers but they have no reason to believe that such information is not accurate. Certificate of Winning Bidder The successful bidder must, by facsimile transmission or overnight delivery received by the City within 24 hours after receipt of the bids for the Bonds, furnish the following information to the City to complete the Official Statement in fmal form, as described below: A. The offering prices for the Bonds (expressed as the price or yield per maturity, exclusive of any accrued interest). B. Selling compensation (aggregate total anticipated compensation to the underwriters expressed in dollars, based on the expectation that all Bonds are sold at the prices or yields described in Subpart A above). C. The identity of the underwriters if the successful bidder is a part of a group or syndicate. D. Any other material information necessary to complete the Official Statement in final form but not known to the City. Prior to the delivery of the Bonds, the successful bidder shall furnish to the City a certificate in form acceptable to bond counsel, to the effect that the successful bidder has made a bona fide public offering of the Bonds at the initial public offering prices set forth in such certificate, that the successful bidder has complied with Rule G- 37 of the Municipal Securities Rulemaking Board (the "MSRB") with respect to the City and that a substantial amount of the Bonds of each maturity were sold to the public (excluding bond houses, brokers and other intermediaries) at such initial public offering prices. Such certificate shall state that (1) it is made on the best knowledge, information and belief of the successful bidder and (2) 10% or more in paz amount of the Bonds of each maturity was reasonable expected to be sold on the Date of Sale to the public at the initial public offering price (such amount being sufficient to establish the sale of a substantial amount of the Bonds). CUSIP Numbers It is anticipated that CUSIP identification numbers will be printed on the Bonds, but neither the failure to print such numbers on any Bond nor any error with respect thereto shall constitute cause for failure or refusal by the successful bidder thereof to accept delivery of and pay for the Bonds in accordance with the terms of its bid. The City will assume responsibility for the expense of the initial printing of CUSIP numbers; provided, however, that the City assumes no responsibility for any CUSIP Service Bureau or other charges that may be imposed for the assignment of such numbers. All expenses in connection with the assignment of CUSIP numbers shall be paid by the successful bidder. It shall be the obligation of the successful bidder to furnish to DTC an underwriter questionnaire and 1:o the City the CUSIP numbers for the Bonds within two business days following the date of award. Official Statement The City will furnish the successful bidder at the expense of the City up to 250 copies of the fmal Official Statement by the earlier of the closing date and seven business days from the date of the award of the Bonds, as specified in Rule l;ic2-12 (the "Rule") of the Securities and Exchange Commission (the "SEC") and the rules of the MSRB provided that minor delays in furnishing such final Official Statement will not be a basis for failure to pay for and accept delivery of the Bonds. Additional copies will be made available at the successful bidder's request and expense. The City assumes no responsibility or obligation for the distribution or delivery of the Official Statement to anyone other than the successful bidder. The successful bidder agrees to provide one copy of the Official Statement to the Municipal Securities Rulemaking Board using its Electronic Municipal Mazket Access System upon receipt of the Official Statement from the City and two copies of the Official Statement (with any required forms) to the MSRB or its designee no later than ten business days following the Date of Sale. The successful bidder shall notify the City as soon as practicable of (1) the date which is the end of the underwriting period (such "underwriting period" is described in the Rule), and (2) the date of filing the Official Statement with the MSRB or its designee. If the Bonds aze awarded to a syndicate, the City will designate the senior managing underwriter of the syndicate as its agent for purposes of distributing copies of the Official Statement to each participating underwriter. Any underwriter ea:ecuting and delivering a bid form with respect to the Bonds agrees thereby that if its bid is accepted it shall accept such designation and shall enter into a contractual relationship with all participating underwriters for the: purposes of assuring the receipt and distribution by each such participating underwriter of the Official Statement, unless another firm is so designated by the syndicate in writing and approved by the City. Legal Opinion The appro~~ing opinion of Hunton & Williams LLP, Richmond, Virginia, Bond Counsel with respect to the Bonds will be furnished to the successful bidder at the expense of the City and will state that the Bonds constitute limited obligations of the City, payable solely from Pledged Revenues, as defined in the Preliminary Official Statement, dated , 2010, subject to the prior application thereof to the payment of Operating Expenses, and reserves established under the Resolution on a parity with other water and sewer system revenue bonds of the City. Federal and State Securities Laws No action leas been taken to qualify the Bonds under the federal and Commonwealth securities laws. Tax Exemption The Prelirrunary Official Statement relating to the Bonds contains a discussion of the effect of the Internal Revenue Code of 1!186, as amended, on the exclusion from gross income of interest on the Bonds and also contains the proposed form of the opinion of Hunton & Williams LLP insofaz as it concerns such exclusion. Continuing Disclosure For purposes of the Rule, the City will agree, pursuant to the Continuing Disclosure Agreement, to provide certain annual fman.cial information and operating data and notices of the occurrence of certain events, if material. A description of this undertaking is set forth in the Preliminary Official Statement for the Bonds and will also be set forth in the final Official Statement for the Bonds (See Appendix G of the Preliminary Official Statement dated 2010). 6 Change of Date and Time for Receipt of Bids The City expects to take bids on the Bonds on June 17, 2010. However, the City reserves the right to postpone the date and time established for the receipt of bids. Any such postponement will be announced by the Thomson Municipal Newswire (TM3), or any other such service. If the receipt of bids is postponed, any alternative date for receipt of bids will be announced via TM3, or any other such service. Any bidder must submit a bid for the purchase of the Bonds on such alternative sale date in conformity with the provisions of this Official Notice of Sale, except for any changes announced via TM3, or any other such service used by the City for this purpose, as described therein. Additional Information For fiuther information relating to the Bonds and the City, reference is made to the City's Preliminary Official Statement. The City has deemed the Preliminary Official Statement to be fmal as of its date within the meaning of the Rule, except for the omission of certain pricing and other information permitted to be omitted pursuant to the Rule. The Official Bid Form and the Preliminary Official Statement may be obtained from the City's Financial Advisor, Government Finance Associates, Inc. (telephone 212-521-4090). CITY OF VIRGINIA BEACH, VIRGINIA By: James K. Spore City Manager Dated: , 2010 7 OFFICIAL NOTICE OF SALE CITY OF VIRGINIA BEACH, VIRGINIA $19,375,000* WATER AND SEWER SYSTEM REFUNDING REVENUE, SERIES 2OlOC Electronic bids only will be received by the City of Virginia Beach, Virginia (the "City"), in accordance with this Official Notice of Sale until 12:30 p.m., Local Time, on Thursday, June 17, 2010 (the "Date of Sale"). In the case of a malfunction in submitting an electronic bid, facsimile bids will be allowed, as more fully described below. Immediately thereafter, the bids will be publicly announced, and the City Manager will act upon the bids by 3:30 p.m., Local Time. Bid Submission Solely as an accommodation to bidders, electronic bids via BIDCOMP/PARITY (the "Electronic Bidding System") will be accepted in accordance with this Official Notice of Sale. The City is using BIDCOMP/PARITY as a communication mechanism to conduct the electronic bidding for the sale of $19,375,000* Water And Sewer System Refunding Revenue Bonds, Series 2010C (the "Bonds"), as described herein. To the extent any instructions or directions set forth in BIDCOMP/PARITY conflict with this Official Notice of Sale, the terms of this Official Notice of Sale shall control. Each bidder submitting an electronic bid agrees (i) that it is solely responsible for all arrangements with BIDCOMP/PARITY, (ii) that BIDCOMP/PARITY is not acting as the agent of the City, and (iii) that the City is not responsible for ensuring or verifying bidder compliance with any of the procedures of BIDCOMP/PARITY. The City assumes no responsibility for, and each bidder expressly assumes the risks of and responsibility for, any incomplete, inaccurate or untimely bid submitted by such bidder through BIDCOMP/PARITY. Each bidder shall be solely responsible for making necessary arrangements to access the Electronic Bidding System for purposes of submitting its bid in a timely manner and "in compliance with the requirements of this Official Notice of Sale. Neither the City nor the Electronic Bidding System shall have any duty or obligation to provide or assure such access to any bidder, and neither the City nor BIDCOMP/PARITY shall be responsible for proper operation of, or have any liability for, any delays or interruptions of, or any damages caused by, BIDCOMP/PARITY. For further information about BIDCOMP/PARITY, potential bidders may contact BIDCOMP/PARITY at 1359 Broadway, 2°d Floor, New York, New York 10018, telephone (212) 849-5021. In the event of a malfunction of the Electronic Bidding System, facsimile transmission bids will be accepted up to 12:30 p.m., Local Time, on the Date of Sale. Bidders choosing to submit bids in the case of a malfunction by facsimile transmission shall use the following telecopier numbers for such transmission: (757) 385- 4302 or (757) 385-8894 (Attention: Patricia A. Phillips). Transmissions received after the deadline shall be rejected. It is the responsibility of the bidder to ensure that the bid is legible, that the bid is received not later than 12:30 p.m., Local Time, and that the bid is sent to one of the telecopier numbers set forth above. Illegible transmissions shall be rejected. The City's financial advisor, Government Finance Associates, Inc. ("Financial Advisor"), will, on behalf of the City, verify receipt of each bid submitted through facsimile transmission by contacting each bidder by telephone once the bid has been received. The Financial Advisor will in no instance correct, alter or in any way change bids submitted through facsimile transmission. Neither the City nor the Financial Advisor will be responsible for bids submitted by facsimile transmission not received in accordance with the provisions of this Official Notice of Sale. Bidders electing to submit bids via facsimile transmission will bear full and complete responsibility for the transmission of such bid. * Preliminary; subject to change. Each bid must be unconditional. Principal Redemption The Bonds will be public facility refunding revenue bonds of the City, dated the date of delivery (the "Dated Date"), and. will mature serially or be subject to mandatory sinking fund redemptions on October 1 in the years and amounts shown below. Preliminary Preliminary Due October 1 Amount* Due October 1 Amount* 2010 $ 180,000 2017 $1,640,000 2011 165.000 2018 1,685,000 2012 170,000 2019 1,730,000 2013 1,515,000 2020 1,775,000 2014 1,545,000 2021 1,835,000 2015 1,580,000 2022 1,925,000 2016 1,610,000 2023 2,020,000 * Preliminary; subject to change. Serial Bonds, Ternn Bonds and Mandatory Sinking Fund Redemptions Bidders may provide in the bid form for all of the Bonds to be issued as serial Bonds or may designate consecutive annual principal amounts of the Bonds to be combined into not more than two Term Bonds. In the event that a bidder chooses to specify a Term Bond, each such Term Bond shall be subject to mandatory sinking fund redemption commencing on October 1 of the first year which has been combined to form such Term Bond and continuing on October 1 in each year thereafter until the stated maturity of such Term Bond. The amount redeemed in any year shall be equal to the principal amount for such year set forth in the amortization schedule above. Bonds to be redeemed in any year by mandatory sinking fund redemption shall be redeemed at par and shall be selected by lot from among the maturities of the Term Bond being redeemed. Description of the Bonds; Book-Entry Only System The Bonds will be issued by means of a book-entry system with no distribution of physical Bond certificates made to the public. One Bond certificate for each maturity will be issued to The Depository Trust Company, New York, New York ("DTC"), or its nominee, and immobilized in its custody. The book-entry system will evidence beneficial ownership of the Bonds in principal amounts of $5,000 or multiples thereof, with transfers of beneficial ownership effected on the records of DTC and its participants pursuant to rules and procedures established by DTC' and its participants. Bond certificates registered in the name of Cede & Co. will be deposited with DTC. Interest. on the Bonds will be paid semiannually on October 1 and April 1, beginning October 1, 2010, and principal on the: Bonds will be paid annually on October 1, beginning October 1, 2010, to DTC or its nominee as registered owner of the Bonds. Transfer of principal and interest payments to beneficial owners by participants of DTC will be the responsibility of such participants and other nominees of beneficial owners. The City will not be responsible or liable for maintaining, supervising or reviewing the records maintained by DTC, its participants or persons acting through such participants. 2 DTC may discontinue providing its services as securities depository with respect to the Bonds at any time by giving reasonable notice to the City. Under such circumstances, in the event that a successor securities depository is not obtained, Bond certificates are required to be prepared, executed and delivered. The City may decide to discontinue use of the system of book-entry transfers through DTC (or a successor securities depository). In that case, either a successor depository will be selected by the City or Bond certificates will be prepazed, executed and delivered. Optional Redemption The Bonds that mature on or before October 1, 2020 aze not subject to optional redemption prior to their stated maturities. The Bonds that mature on and after October 1, 2021 will be subject to redemption beginning October 1, 2020, in whole or in part at any time, at the option and direction of the City, upon payment of the paz amount of principal so redeemed plus interest accrued and unpaid to the redemption date. Security The Bonds are limited obligations of the City, payable solely from Pledged Revenues of the System, subject to the prior application thereof to the payment of Operating Expenses, and reserves therefore, as provided in the Resolution, as further described in the City's Preliminary Official Statement, dated , 2010. Neither the faith and credit of the Commonwealth of Virginia nor the faith and credit of any county, city, town or other subdivision of the Commonwealth of Virginia, including the City, are pledged to the payment of principal of or interest on the Bonds. In the Resolution, the City covenants to fix, charge, collect and revise its fees, rates and other charges for the use of and for the services furnished by the System in each Fiscal Year so as to produce revenues sufficient to pay the cost of operation and maintenance, the cost of necessary replacements and improvements and debt service on the Bonds and on any other indebtedness of the City secured by such revenues, and to provide certain reserves therefore. Use of Bond Proceeds As described in more detail in the City's Preliminary Official Statement, dated , 2010, the Bonds are being issued to provide funds for the refunding of a portion of the City's Water And Sewer System Revenue Bonds, Series of 2002, and to pay certain costs of issuance related to the Bonds. Bidding Rules; Award of Bonds Bidders may only bid to purchase all of the Bonds. Bidders aze invited to name the rate or rates of interest per annum which the Bonds aze to bear in multiples of one-twentieth (1/20th) or one-eighth (1/8th) of one percent. All Bonds maturing on the same date must bear interest at the same rate. Any number of rates may be named provided that (a) the highest rate of interest may not exceed the lowest rate of interest by more than 3 percentage points, and (b) the highest rate of interest stated for any maturity may not exceed 5.0% per annum, but in no event shall the "true" interest cost exceed 4.5%. No bid for less than 100% of par shall be considered. The City reserves the right to reject any or all bids (regazdless of the interest rate bid), any bid not complying with this Official Notice of Sale and, so far as permitted by law, to waive any irregularity or informality with respect to any bid or the bidding process. As promptly as reasonably possible after the bids are received, the City will notify the bidder to whom the Bonds will be awarded, if and when such award is made. Such bidder, upon such notice, shall advise the City of the initial reoffering prices or yields to the public of each maturity of the Bonds (the "Initial Reoffering Prices or Yields") and details regarding the anticipated use of a municipal bond insurance policy, if any, in connection with the Bonds. The successful bidder must reasonably expect to sell to the public 10% or more in par amount of the Bonds from each maturity at the Initial Reoffering Prices or Yields. All bids will remain firm for a period of no less 3 than three hours afl.er the time specified for the opening of bids. An award of the Bonds, if made, will be made by the City Manager v~rithin such three hour period or, with the express consent of the bidders, such longer time period as deemed necessary. Unless all bids are rejected, the Bonds will be awarded to the bidder complying with the terms of this Official Notice of Sale and submitting a bid which provides the lowest "true" interest cost to the City. True interest cost shall be deterrraned for each bid by doubling the semiannual interest rate, compounded semiannually, necessary to discount the debt. service payments from the payment dates to the Dated Date, which is the date of settlement, and to the bid price. If more than one bid offers the same lowest true interest cost, the successful bid will be selected by the City Manager lby lot. The City reserves the right to reject any or all bids and to waive any irregularity or informality with re~;pect to any bid. Bids for th.e Bonds shall not be conditioned upon obtaining insurance or any other credit enhancement. If a bidder proposes to obtain a policy of municipal bond insurance or any other credit enhancement, any such purchase of insurance or commitment therefor shall be at the sole option and expense of the bidder, and the bidder must pay any increased costs of issuance of the Bonds as a result of such insurance or commitment. Any failure by the bidder to obtain such a policy of insurance shall not in any way relieve such bidder of its contractual obligations arising from the acceptance; of its bid for the purchase of the Bonds. Adjustment of Principal Amount Prior to the Opening of Bids The prelinunary aggregate principal amount of the Bonds and the preliminary annual principal maturities of the Bonds, each as set forth in this Official Notice of Sale, may be revised by the City before the receipt of bids. Any such revisions made prior to receipt of the bids will be published via TM3 Newswire (or some other municipal newswire recognized by the municipal securities industry) and via BIDCOMP/PARITY no later than 9:00 a.m. (Local Time) on the Date of Sale. In the event that no such revisions are made, the preliminary amounts will constitute the amounts that shall be used for the bid and award of the Bonds, subject to further adjustment, as described below. Adjustment of Principal Amount After Award The City reserves the right, after the award of the Bonds to the successful bidder, to increase or decrease by up to ten percent (;10%) the principal amount of the Bonds being offered hereby. The City may choose not to exercise such right to increase or decrease the principal amount of the Bonds being offered. Should the City decide to exercise this right, any such increase or decrease in the principal amount of particular maturities of the Bonds will be communicated b~ the successful bidder by 5:00 p.m., Local Time, on the Date of Sale. The dollar amount bid for the principal of the Bonds by the successful bidder will be adjusted as necessary to reflect any increase or decrease in the principal am~~unt of the applicable maturities of the Bonds so adjusted, but the interest rates specified by the successful bidder for each maturity will not be altered. Such adjusted dollar amount bid will not change the successful bidder':s compensation per $1,000 of par amount of the Bonds from that which would have resulted from the bid subnutted. The successful bidder may not withdraw its bid as a result of any change made within the foregoing limits. Good Faith Deposit The successful bidder for the Bonds is required to submit a Good Faith Deposit in the amount of $200,000 payable to the order of the City of Virginia Beach in the form of a wire transfer in federal funds, as instructed by the City's Financial Advisor. The successful bidder must submit the Good Faith Deposit not later than 11:30 a.m., Local Time, on the; next business day following the award. The successful bidder shall provide the federal funds reference number upon request. If the successful bidder fails to comply with the terms of its bid, the Good Faith Deposit shall be retained by the City as full liquidated damages; otherwise, the amount thereof will be applied to the purchase price of '[he Bonds at the time of delivery. No interest on the Good Faith Deposit will accrue to the successful bidder. 4 Delivery of the Bonds The Bonds will be delivered at the expense of the City in New York, New York, through the facilities of DTC on or about June 29, 2010. Concurrently with the delivery of the Bonds, the City will furnish to the successful bidder without cost (a) certificates dated the date of delivery of the Bonds, signed by the appropriate City officials and stating that no litigation of any kind is then pending or, to the best of their information, knowledge and belief, threatened against the City to restrain or enjoin the issuance or delivery of the Bonds or the levy or collection of ad valorem taxes and (b) certificates dated the date of delivery of the Bonds, stating that the descriptions and statements in the Official Statement (except in the section entitled "Tax Matters" and in the columns "Yield" and "CUSIP" on the inside cover and in Appendix D), on the date of the Official Statement and on the date of delivery of the Bonds, were and are true and correct in all material respects, did not and do not contain an untrue statement of a material fact or omit to state a material fact required to be stated therein or necessary to make such descriptions and statements, in light of the circumstances under which they were made, not misleading. Such certificates will also state, however, that such City officials did not independently verify the information indicated in the Official Statement as having been obtained or derived from sources other than the City and its officers but they have no reason to believe that such information is not accurate. Certificate of Winning Bidder The successful bidder must, by facsimile transmission or overnight delivery received by the City within 24 hours after receipt of the bids for the Bonds, furnish the following information to the City to complete the Official Statement in fmal form, as described below: A. The offering prices for the Bonds (expressed as the price or yield per maturity, exclusive of any accrued interest). B. Selling compensation (aggregate total anticipated compensation to the underwriters expressed in dollars, based on the expectation that all Bonds aze sold at the prices or yields described in Subpart A above). C. The identity of the underwriters if the successful bidder is a part of a group or syndicate. D. Any other material information necessary to complete the Official Statement in final form but not known to the City. Prior to the delivery of the Bonds, the successful bidder shall furnish to the City a certificate in form acceptable to bond counsel, to the effect that the successful bidder has made a bona fide public offering of the Bonds at the initial public offering prices set forth in such certificate, that the successful bidder has complied with Rule G- 37 of the Municipal Securities Rulemaking Boazd (the "MSRB") with respect to the City and that a substantial amount of the Bonds of each maturity were sold to the public (excluding bond houses, brokers and other intermediaries) at such initial public offering prices. Such certificate shall state that (1) it is made on the best knowledge, information and belief of the successful bidder and (2) 10% or more in paz amount of the Bonds of each maturity was reasonable expected to be sold on the Date of Sale to the public at the initial public offering price (such amount being sufficient to establish the sale of a substantial amount of the Bonds). CUSIP Numbers It is anticipated that CUSIP identification numbers will be printed on the Bonds, but neither the failure to print such numbers on any Bond nor any error with respect thereto shall constitute cause for failure or refusal by the successful bidder thereof to accept delivery of and pay for the Bonds in accordance with the terms of its bid. The City will assume responsibility for the expense of the initial printing of CUSIP numbers; provided, however, that the City assumes no responsibility for any CUSIP Service Bureau or other charges that may be imposed for the 5 assignment of such numbers. All expenses in connection with the assignment of CUSIP numbers shall be paid by the successful bidder. It shall be the obligation of the successful bidder to furnish to DTC an underwriter questionnaire and b~ the City the CUSIP numbers for the Bonds within two business days following the date of awazd. Official Statement The City v~rill furnish the successful bidder at the expense of the City up to 250 copies of the final Official Statement by the eazlier of the closing date and seven business days from the date of the award of the Bonds, as specified in Rule 15c2-12 (the "Rule") of the Securities and Exchange Commission (the "SEC") and the rules of the MSRB provided that minor delays in furnishing such final Official Statement will not be a basis for failure to pay for and accept delivery of the Bonds. Additional copies will be made available at the successful bidder's request and expense. The City assumes no responsibility or obligation for the distribution or delivery of the Official Statement to anyone; other than the successful bidder. The successful bidder agrees to provide one copy of the Official Statement to the Municipal Securities Rulemaking Boazd using its Electronic Municipal Mazket Access System upon receipt of the Official Statement from the City and two copies of the Official Statement (with any required forms) to the MSRB or its designee no later than ten business days following the Date of Sale. The successful bidder shall notify the City as soon as practicable of (1) tl!e date which is the end of the underwriting period (such "underwriting period" is described in the Rule), and (2) the date of filing the Official Statement with the MSRB or its designee. If the Bonds aze awazded to a syndicate, the City will designate the senior managing underwriter of the syndicate as its agent for purposes of distributing copies of the Official Statement to each participating underwriter. Any underwriter ea:ecuting and delivering a bid form with respect to the Bonds agrees thereby that if its bid is accepted it shall accept such designation and shall enter into a contractual relationship with all participating underwriters for the; purposes of assuring the receipt and distribution by each such participating underwriter of the Official Statement, unless another firm is so designated by the syndicate in writing and approved by the City. Legal Opinion The appro~~ing opinion of Hunton & Williams LLP, Richmond, Virginia, Bond Counsel with respect to the Bonds will be furnished to the successful bidder at the expense of the City and will state that the Bonds constitute limited obligations of the City, payable solely from Pledged Revenues, as defined in the Preliminary Official Statement, dated , 2010, subject to the prior application thereof to the payment of Operating Expenses, and reserves established under the Resolution on a parity with other water and sewer system revenue bonds of the City. Federal and State Securities Laws No action ]ias been taken to qualify the Bonds under the federal and Commonwealth securities laws. Tax Exemption The Preliminary Official Statement relating to the Bonds contains a discussion of the effect of the Internal Revenue Code of 1'86, as amended, on the exclusion from gross income of interest on the Bonds and also contains the proposed form of the opinion of Hunton & Williams LLP insofar as it concerns such exclusion. Continuing Disclosure For purposes of the Rule, the City will agree, pursuant to the Continuing Disclosure Agreement, to provide certain annual finar!cial information and operating data and notices of the occurrence of certain events, if material. A description of this undertaking is set forth in the Preliminary Official Statement for the Bonds and will also be set forth in the final Gfficial Statement for the Bonds (See Appendix G of the Preliminary Official Statement dated 2010). 6 Change of Date and Time for Receipt of Bids The City expects to take bids on the Bonds on June 17, 2010. However, the City reserves the right to postpone the date and time established for the receipt of bids. Any such postponement will be announced by the Thomson Municipal Newswire (TM3), or any other such service. If the receipt of bids is postponed, any alternative date for receipt of bids will be announced via TM3, or any other such service. Any bidder must submit a bid for the purchase of the Bonds on such alternative sale date in conformity with the provisions of this Official Notice of Sale, except for any changes announced via TM3, or any other such service used by the City for this purpose, as described therein. Additional Information For further information relating to the Bonds and the City, reference is made to the City's Preliminary Official Statement. The City has deemed the Preliminary Official Statement to be final as of its date within the meaning of the Rule, except for the omission of certain pricing and other information permitted to be omitted pursuant to the Rule. The Official Bid Form and the Preliminary Official Statement may be obtained from the City's Financial Advisor, Government Finance Associates, Inc. (telephone 212-521-4090). CITY OF VIRGINIA BEACH, VIRGINIA By: James K. Spore City Manager Dated: , 2010 7 u ~~`t~+ Z: w +~, •~~w~.f~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Declaring the Property Located at 280 London Bridge Road (GPIN: 1497-91-4844) to be in Excess of the City's Needs and Authorizing the City Manager to Sell the Property to Robert F. Sutherland MEETING DATE: May 25, 2010 ^ Background: In 1999, the City acquired a parcel of land by deed from Darlene Siewinski and Mark A. Siewinski for the London Bridge Road Project. The City only utilized part of the parcel for its improvements to London Bridge Road. The residual parcel is .088 acres and is located at 280 London Bridge Road (GPIN: 1497-91-4844) (the "Property"). Robert F. Sutherland ("Sutherland") owns a parcel of land adjacent to the Property. Sutherland would like to purchase the Property and incorporate it into his existing parcel by vacating the property line between the Property and his existing parcel. Sutherland has offered the City $2,500 for the Property. ^ Considerations: The Excess City Owned Real Property Committee reviewed Sutherland's request and now recommends that City Council declare the Property in excess of the City's needs and sell the Property to Sutherland to be incorporated into his adjacent parcel. ^ Public Information: Advertisement of Public Hearing Advertisement of City Council Agenda ^ Alternatives: Approve the sale of the Property as submitted, or retain ownership of the Property. ^ Recommendations: Declare the Property in excess of the City's needs, approve the sale of the Property to Sutherland and authorize the City Manager to execute all documents necessary to convey the Property subject to the terms and conditions in the attached Summary of Terms and such other terms, conditions or modifications as may be satisfactory to City Council. ^ Attachments: Ordinance Summary of Terms Location Map Recommended Action: Approval of the Ordinance Submitting D~epartment/Agency: Public Works/Real Estate ~ City Manager: ~ ~~ ~~~ 1 AN ORDINANCE DECLARING THE 2 PROPERTY LOCATED AT 280 LONDON 3 BRIDGE ROAD (GPIN: 1497-91-4844) TO BE 4 IN EXCESS OF THE CITY'S NEEDS AND 5 AUTHORIZING THE CITY MANAGER TO 6 SELL THE PROPERTY TO ROBERT F. 7 SUTHERLAND 8 9 WHEREAS, the City of Virginia Beach (the "City") is the owner of a parcel of land 10 located at 280 London Bridge Road (GPIN: 1497-91-4844) (the "Property); 11 12 WHEREAS, the Property represents the residual unused portion of land that the 13 City acquired for the London Bridge Road Project; 14 15 WHEREAS, Robert F. Sutherland ("Sutherland") owns a parcel of land adjacent 16 to the Property; 17 18 WHEREAS, Sutherland would like to purchase the Property and incorporate it 19 into his existing parcel by vacating the property line between the Property and his 20 existing parcel; 21 22 WHEREAS, Sutherland has offered the City $2,500 for the Property; and 23 24 WHEREAS, the City Council is of the opinion that the Property is in excess of the 25 needs of the City of Virginia Beach. 26 27 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 28 VIRGINIA BEACH, VIRGINIA: 29 30 1. That the Property is hereby declared to be in excess of the needs of the City 31 of Virginia Beach and that the City Manager is hereby authorized to execute any 32 documents necessary to convey the Property to Robert F. Sutherland in substantial 33 conformity to the Summary of Terms attached hereto and made a part hereof, and such 34 other terms, conditions or modifications deemed necessary and sufficient by the City 35 Manager and in a form deemed satisfactory by the City Attorney. 36 37 2. That the funds received from the sale of the Property shall be applied first to 38 any reimbursement due to the state, if applicable, and the balance to be placed in the 39 Various Site Acquisitions Fund (CIP 3-368). 40 41 This ordinance shall be effective from the date of its adoption. 42 43 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 44 of , 2010. APPROVED AS TO CONTENT ~ C • ~~ ~ lic Works RFp F.Sf#~ APPROVED AS TO LEGAL SUFFICIENCY" City Attorney's Office CA-11393 \\vbgov.com\DFS I \ApplicatiooslCitylewProdkycom32\ Wpdocs\D009\PW T00034914.DOC R-1 5/17/10 SUMMARY OF TERMS SALE OF EXCESS PROPERTY ON LONDON BRIDGE ROAD SELLER: City of Virginia Beach PURCHASER: Robert F. Sutherland PROPERTY: Approximately .088 acres of land located at 280 London Bridge Road (GPIN: 1497-91-4844) PURCHASE PRICE: $2,500.00 CONDITIONS OF SALE: • Purchaser shall have a 60-day Due Diligence Period to determine suitability of the Property. • Purchaser shall, at the Purchaser's expense, re-subdivide the Property and vacate internal lot lines to incorporate the Property into Purchaser's existing property. • Purchaser shall submit a site plan for review and approval by the Planning Department prior to any construction on the Property. a Q z O Q V O ~'- `' ~i ~ ~' ~f i ~ ~ t ~ ~_^ (~~~ ~~~ ~~ Q ~ N ~ ~ ~ 4 ~ ~ '~ ~, ~ d if _ 1 i , ' ~ i. ~ N G ~ ~ ~ r1 ~ m i ~ ~ _ - - = ~ ~ r p r ~; ~ ..i - }.-. va r-.~_~ ,~~++~~ ~.I ~ Ci ~ ~ ~ Q o ~ ,- --i ' ~ p ~ --~ i ~ ! - ~ o c3 I L d ' im' I ~ d ~ ; f V .°_ ~- ~ ~~ _._. ~, ~~ _~ ;~~ ~ ~---, , , ~ ~ ~, y ',^ ~-- ~ _~ - ~ ' T -ti ``iy~,: r~~i•' ~Z f0 jc~ ~7 ~ : ~~ [° . r_i :k.~.. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to establish the new Princess Anne Road right-of-way between Oakmears Crescent and Hampshire Lane and Witchduck Road/Kempsville Road between Bonney Road and Chief Trail as underground utility corridors. MEETING DATE: May 25, 2010 ^ Background: The Princess Anne/Kempsville Intersection Improvement (CIP 2- 048, UPC 51866) project (the "Project") is an Urban Construction Initiative project that will include the relocation of the existing intersection and improvements along approximately 0.6 miles of Princess Anne Road and 0.8 miles along Kempsville Road and Witchduck Road. The Project will include aesthetic treatments such as widened sidewalks, street lights, pedestrian lights and enhanced landscaping. The Project will add turn lanes and include three through lanes on each leg of the intersection. The Project is scheduled to be advertised for construction bids in July 2010. ^ Considerations: This ordinance will establish the new Princess Anne Road and Kempsville Road/V1/itchduck Road rights-of-way within the project limits as underground utility corridors and allow the City to be reimbursed 50% of the costs to relocate the overhead utilities underground by the Virginia Department of Transportation. Designation as an underground utility corridor will apply to the Project as well as to all future private development. The Project is included in the Historic Kempsville Area Master Plan and is also shown to have underground utilities for future development. ^ Public Information: A Citizen Information Meeting was held on April 7, 2005. A Design Public Hearing was also held on February 23, 2006. In both meetings, the design details showed the existing overhead utilities to be placed underground. ^ Alternatives: Since the existing overhead lines must be relocated to accommodate the new roadway, the existing aerial lines will still have to be relocated to new poles or the City will have to pay for the underground betterment at 100% City cost, if this ordinance is not approved. ^ Recommendations: Approve the ordinance to designate this as an underground utility corridor. ^ Attachments: Location map, ordinance Recommended Action: Approval Submitting DepartmentlAgency: Public Works City Manage . `~ ~~ 1 AN ORDINANCE TO ESTABLISH THE NEW PRINCESS 2 ANNE ROAD RIGHT-OF-WAY BETWEEN OAKMEARS 3 CRESCENT AND HAMPSHIRE LANE AND WITCHDUCK 4 ROAD/KEMPSVILLE ROAD BETWEEN BONNEY ROAD AND 5 CHIEF TRAIL AS UNDERGROUND UTILITY CORRIDORS 6 7 s WHERAS, the Princess Anne Road /Kempsville Road Intersection Project CIP 2- 9 048, UPC 51866, the "Project," has been approved by City Council in order to widen and to improve the current section of roadway within the limits of the Project. 11 12 WHEREAS, the City of Virginia Beach also wishes to improve the safety and 13 aesthetics of this road for the benefit of the surrounding community and the traveling 14 public; 15 16 WHEREAS, the Council had previously requested the Virginia Department of 17 Transportation ("VDOT") to program this project; is 19 WHEREAS, VDOT has adopted a policy to pay 50% of the additional costs to 2 o relocate existing overhead private utility lines underground, which requires the City to adopt 21 an ordinance to establish the limits of underground utility districts, corridors or areas; 22 23 WHEREAS, City Council has appropriated sufficient funding, through the City of 24 Virginia Beach Capital Improvement Program, to pay the City's share of estimated cost to 25 relocate existing overhead utility lines underground. 26 27 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 2s VIRGINIA BEACH, VIRGINIA: 29 30 1. The rights-of-way of Princess Anne Road between Oakmears Crescent and 31 Hampshire Lane and Witchduck Road/Kempsville Road between Bonney Road 32 and Chief Trail, are hereby designated as underground utility corridors, and all new 33 utilities installed within the respective rights-of-way shall be placed underground; 34 and 35 36 2. The Director of Public Works is hereby authorized to execute agreements with 37 VDOT and the utility owners within the rights-of-way of the Project, for the 3s necessary utility relocations. 39 4 o Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 41 4 2 , 2010. CA11415 PREPARED: 4/30/2010 R-1 \\vbgov.com\dfsl \applications\citylawprod\cycom32\wpdocs\d023\p007\00053257.doc APPROVED~~AD~S TO CONTENT ~' /~,~, y~~w Department of Public Works APPROVED AS TO LEGAL SUFFICIENCY AND FORM 1 City Attorney's O ce u ~~s ~,, 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 $1,617,805 (Property of Whale Wallow, L.C.) MEETING DATE: May 25, 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 135.95 acres outside of marshland or swampland. It is owned by Whale Wallow, L.C. Under current development regulations, there is a total development potential of eighteen (18) 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 areas 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 772 Princess Anne Road, in the District of Princess Anne. The proposed purchase price, as stated in the ordinance, is $1,617,805. This price is the equivalent of approximately $11,900 per acre. 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 closinc~. The interest rate to be paid by the City will be the greater of 3.840% per annum or the+ per annum rate which is equal to the yield on U.S. Treasury STRIPS purchased by the City to fund its principal obligation under the Installment Purchase Agreement, not to exceed 6.840% without the further approval of the City Council. The proposed terms and conditions of the purchase of the Development Rights pursuant to tlhe 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. Recommendecl Action: Adoption Submitting Department/Agency: Agriculture Department ~~~~/~V City Manager ~ , ~°~t 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 $1,617,805 (WHALE WALLOW, L.C.) 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 $1,617,805; 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 3.8400% 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 6.8400% 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 hits designee to execute and deliver the Installment Purchase Agreement in 48 substantially 1:he 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 tlhe indebtedness represented by the issuance and delivery of the Installment 54 Purchase Agreement. 55 56 4. 1-he 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 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 Adopteci by the Council of the City of Virginia Beach, Virginia, on this day of 64 , 2010. CA11419 \\vbpov.com\DFS1 Wpplicatans\CityLawProdkycom32\Wpdocs\DI~TPt~7\00055007.DOC R-1 DATE: May 10, 2010 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~~~/ Agriculture Department 'l - ~,-~~/u ~ v Y City Attorney s Office CERTIFIED A;i TO AVAILABILITY OF FUNDS: ,, ,. Director of Finance 2 AGRICULTURAL RESERVE PROGRAM INSTALLMENT PURCHASE AGREEMENT N0.2010-105 SUMMARY OF MATERIAL TERMS SELLER: WHALE WALLOW, L.C. PROPERTY LOCATION: 772 Princess Anne Road, Princess Anne District PURCHASE PRICE: $1,617,805 EASEMENT AREA: 135.95 acres, more or less DEVELOPMENT POTENTIAL: 18 single-family dwelling sites (17 acquired) DURATION: Perpetual INTEREST RATE: Equal to yield on U.S. Treasury STRIPS acquired by City to fund purchase price, but not less than 3.8400% (actual rate to be determined when STRIPS aze purchased prior to execution of IPA). Rate may not exceed 6.8400% without approval of City Council. TERMS: Interest only twice per yeaz for 25 yeazs, 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) yeaz following execution and delivery of IPA. .~..~ V L f~ ~ ~ ~ ~ L ~ ~ m U ~ ~~ ~ ~ O ~ _- ~ ~ ~ 4~ Q ~ N N V ._ L ~ ~ ~- ~ ` ~~ ~f # . tua" - t ~• 4 GIs Z r P ~~~~ : F~ f , ..y,. t +~~ ~, a v ~Q U L I~ 4- 00 ~~ ~~ ~~ ~o ~ (~ ~ ~ . N L ~ U ( Q1 c , • ~ ~ '~ ~- o ~' aJ N N ~ Cr rn rn ~ N N ~ ~ ~ O ~ ~' ~i'i _ `ti X ~ '~ rv' ~- ~~ ~ , - . „YA J . ~I WEf~ .y 'Er ~~ s CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing Preservation Easement and Obligations in the Maximum Wallow, L.C.) MEETING DATE: May 25, 2010 the Acquisition of an Agricultural Land the Issuance by the City of its Contract Amount of $1,290,666 (Property of Whale ^ 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 110.97 acres outside of marshland or swampland. It is owned by Whale Wallow, L.C. Under current development regulations, there is a total development potential of thirteen (13) 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 areas reserved for future building sites, but are required to subdivide such sites prior to building on them. The parcels, which are shown on the attached Location Map, are located at 756 Princess Anne Road, in the District of Princess Anne. The proposed purchase price, as stated in the ordinance, is $1,290,666. This price is the equivalent of approximately $11,631 per acre. 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 3.840% per annum or the per annum rate which is equal to the yield on U.S. Treasury STRIPS purchased by the City to fund its principal obligation under the Installment Purchase Agreement, not to exceed 6.840% 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 DepartmentlAgency: Agriculture Department ~Z y ,i I10 City Manager k , a0'~ 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 $1,290,666 (WHALE WALLOW, L.C.) 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 $1,290,666; 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 3.8400% 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 6.8400% 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 ithe 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 lnnstallment 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. lfhe City Council hereby elects to issue the indebtedness under the Charter 57 of the City rathier 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. CA11420 1lvbpov.comIDFS1 Vlpplicatians\CityLawProdlcycom32WpdocslDWTP00T00055009.DOC R-1 DATE: May 10, 2010 APPROVED A,S TO CONTENT p~~_-- Agriculture Department APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's ffice CERTIFIED AS TO AVAILABILITY OF FUNDS: /l `i / Director of Finance 2 AGRICULTURAL RESERVE PROGRAM INSTALLMENT PURCHASE AGREEMENT N0.2010-106 SUMMARY OF MATERIAL TERMS SELLER: WHALE WALLOW, L.C. PROPERTY LOCATION: 756 Princess Anne Road, Princess Anne District PURCHASE PRICE: $1,290,666 EASEMENT AREA: 110.97 acres, more or less DEVELOPMENT POTENTIAL: 13 single-family dwelling sites (12 acquired) DURATION: Perpetual INTEREST RATE: Equal to yield on U.S. Treasury STRIPS acquired by City to fund purchase price, but not less than 3.8400% (actual rate to be determined when STRIPS are purchased prior to execution of IPA). Rate may not exceed 6.8400% 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. nVJ W ~,..~ V S. C~ ~ ~ ~ ~ 0 L 0 ~ ~ c-I U ~ J '~ O O W ~ ~(~/~ V J W V ._ i ,.J Z ,~ , i1 L~ i -~` F ~ Y ~~-w~ ~~`~ ~a s A ` {~ ~ , -~ -~ C ~ f~v r _ -~.~.a t3zt.';. rx { 3 : ,~ t "~ C ~ ~. ~N ~ N ~ ~ Q ~ ~ L • ~ ~ • ~ O ~~ ~~ ' I ~ M a--~ ;I ~y I ~ ~ ~ ui,~ ~ L it 'j ~ ~ ~ f~ C ~ ~ L _ Q~ i ~ ~ f0 ~ Q ~, o ~ ~ - ~ N r ` 7 , N ^ c~ O c O ~ vy ~'' ~~, J` ~- ~= C- ._. -~.. ~.a 'r ~~ .. ' ° i __ 4". ... rr ~NU'~11,~7 ~o" ~.. ~~ F~ ~- t ~~ t~~``~ JJ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute aFour-Month Lease with Dolphin Run Condominium Association, Inc. fora 0.09-acre Parcel of City-0wned Land Located at the Intersection of 3'~ Street and Atlantic Avenue MEETING DATE: May 25, 2010 ^ Background: Dolphin Run Condominium Association, Inc., a Virginia non-stock corporation ("Dolphin Run"), would like to lease a 0.09-acre parcel of land (the °Property") from the City of Virginia Beach (the °City"). The Property is located in the Rudee Loop area at the comer of 3`~ Street and Atlantic Avenue. Dolphin Run had leased the Property from its previous owners. When the City acquired the Property on March 31, 2004, Dolphin Run informed the City that it desired to continue leasing the Property until the City was ready to use the Property for future City projects. The Property will be used by Dolphin Run to augment vehicular parking for guests staying at its establishment. ^ Considerations: This lease would be for a term of four months from May 15, 2010, through September 15, 2010. The City has athirty-day (30) termination clause in the event the City needs the Property prior to the termination of the lease. Dolphin Run previously leased the Property from the City from May through September in the past four (4) years. Public Information: Advertisement of Public Hearing • Advertisement of City Council Agenda ^ Alternatives: Approve Lease as presented, change conditions of the Lease, or deny leasing of the Property. ^ Recommendations: Approval ^ Attachments: Ordinance Location Map Summary of Terms Recommended Action: Approval Submitting Department/Agency: City Manager. rY~ Management Se ices acilities Management Office ~L 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE AFOUR-MONTH LEASE 3 WITH DOLPHIN RUN CONDOMINIUM 4 ASSOCIATION, INC. FORA 0.09-ACRE PARCEL 5 OF CITY-OWNED LAND LOCATED AT THE 6 INTERSECTION OF 3rd STREET AND ATLANTIC 7 AVENUE 8 9 WHEREAS, the City of Virginia Beach ("the City") is the owner of a parcel 10 of land consisting of 0.09 acres and located at the intersection of 3rd Street and 11 Atlantic AvE:nue in Virginia Beach, Virginia (the "Premises"); 12 13 WHE=REAS, Dolphin Run Condominium Association, Inc. ("Dolphin Run"), 14 a Virginia non-stock corporation, has agreed to pay the City $4,320 for the use of 15 the Premises for afour-month period; 16 17 WHE=REAS, Dolphin Run would like to enter into a formal lease 18 arrangement with the City for use of the Premises; 19 20 WHEREAS, the Premises will be utilized as an overflow parking lot for the 21 registered quests of Dolphin Run, and for no other purpose; 22 23 NOV'd THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 24 CITY OF VIIRGINIA BEACH, VIRGINIA: 25 26 That the City Manager is hereby authorized to execute a lease for a term 27 of four (4) months between Dolphin Run Condominium.Association, Inc. and the 28 City, for they Premises in accordance with the Summary of Terms attached hereto 29 and such ether terms, conditions or modifications as may be acceptable to the 30 City Manager and in a form deemed satisfactory to the City Attorney. 31 32 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 33 ,2010. CA11417 R-1 5/12/2010 \\vbgov.com\dfsl \applications\citylawprod\cycom32\wpdocs\d027\p006\00053578.doc APPROVED AS TO LEGAL APPROVED AS TO CONTENT SUFFICIENCY AND FORM City Attorns~y Facilities anageme t SUMMARY OF TERMS LEASE FOR THE USE OF 0.09-ACRES OF CITY-OWNED PROPERTY LESSOR: City of Virginia Beach LESSEE: Dolphin Run Condominium Association, Inc. PREMISES: Approximately .09-acre parcel of City-owned property located at the intersection of 3`d Street and Atlantic Avenue (GPIN: 2427-32- 0138) TERM: May 15, 2010, through September 15, 2010 RENT: $4,320 for entire term RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use the Premises for overflow parking for guests and for no other purpose. • Maintain the Premises. • Maintain commercial general liability insurance coverage with policy limits of not less than one million dollars ($1,000,000) combined single limits per occurrence. • Maintain Automobile Liability Insurance including coverage for non-owned and hired vehicles in an amount not less than five hundred thousand dollars ($500,000) combined single limits. RIGHTS AND RESPONSIBILITIES OF CITY: May access the Premises at any time, without prior notice to Lessee, in the event of an emergency or public necessity. • May require Lessee to surrender possession and control of the Premises to the City upon forty-eight (48) hours' prior notice if needed for public purposes. • May grant easements and rights-of-way across the Premises for streets, alleys, public highways, drainage, and other similar purposes. TERMINATION: • The City may terminate the Lease upon thirty (30) days' prior written notice to Lessee. Dolphin Run Lease Location 0.09 Acres at 3`d Street and Atlantic Avenue ~~ - Enterstate -Primary Rows y+ ~+ ' ~ ~ ~ ~. r,,,~ ~~ ,. y ~ 9 ~f ~7, r , a'~ a ~` r - SbeeQs ~ . ~ ~ e' '~' l >~ Water Bodies ~. .- y ,` y~ ~+ ' - ~ ~ ~ f ~ ' 1~ ~ ~... ` F Y+~i s /~ ~ x ~wY•~ r y ~ i ~~ f , ~ `~ '~ \'l SCALE 1 : 1,7fi7 Fes? V3 B 4 '~,~._ <~~~: '~~ ~i~`~.~.`~s CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance Authorizing and Directing the City Manager to Execute a Lease Between T-Mobile and the City for Telecommunications Facilities at 616 North Great Neck Road MEETING DATE: May 25, 2010 ^ Background: Since March 2004, the Omnipoint Communications, the predecessor of T-Mobile Northeast, LLC ("T-Mobile"), has leased from the City a 25' by 25' area on the east side of Great Neck Road at the intersection of West Plantation Road for purposes of maintaining an accessory building housing equipment used in conjunction with certain personal wireless telecommunication facilities placed on an existing VEPCO transmission tower located adjacent to the area to be leased. The lease expired in March 2009, and T-Mobile desires to enter into a new five -year lease. T-Mobile has paid all rents due the City since the lease expired in 2009. ^ Considerations: The proposed lease is fora 25' X 25' area, together with necessary access and maintenance easements, on which the building housing the necessary equipment associated with the wireless antenna is to be located. The proposed lease is for a term of five (5) years and contains no right of renewal; hence, the proposed lease need not be the subject of a bid process. The proposed first-year rent is $13,709, with annual increases equal to the increase in the Consumer Price Index for All Urban Consumers. ^ Public Information: The public hearing on the proposed lease has been advertised one time, in accordance with applicable requirements of law. ^ Alternatives: The City Council may either approve or disapprove the proposed lease. Given that (1) the proposed leased area and equipment building are very small; (2) the operation of the facilities will have no impact on City operations; and (3) the City will receive approximately $70,000 during the lease term for what is essentially otherwise unused property, the Staff recommends approval of the lease. ^ Recommendations: Adoption of ordinance. ^ Attachments: Ordinance, Summary of Material Terms. A full copy of the lease is available in the City Attorney's Office. Recommended Action: Approval Submitting Department/Agency: City Manage r Public Works/Real Estate R~~ 1 1 A,N ORDINANCE TOAWARDA LEASE OF CITY PROPERTY 2 TO T MOBILE NORTHEAST, L.L.C. FOR THE PURPOSE OF 3 MAINTAINING AND OPERATING WIRELESS 4 TELECOMMUNICATIONS FACILITIES 5 6 WHEREAS, the City of Virginia Beach (the "City") is the owner of certain property 7 located at 616 North Great Neck Road, in the Beach District (the "Property"); and 8 9 WHEREAS, T-Mobile Northeast, L.L.C. ("T-Mobile") has leased a portion of the 10 aforesaid property from the City since March 2004 to operate certain facilities for the 11 purpose of providing wireless telecommunications services to the general public; and 12 13 WHEREAS, the said lease has expired; and 14 15 WHEREAS, T-Mobile desires to continue to lease a portion of the Property, together 16 with easements for vehicular and pedestrian access and for the installation, maintenance 17 and replacement of necessary utilities, wiring, cables and other conduits for the purpose of 18 maintaining and operating the existing wireless telecommunications facilities currently 19 located upon the property; and 20 21 WHEREAS, T-Mobile has continued to pay to the City all rents due and owing since 22 the expiration of the prior lease, and desires to enter into a new five-year lease upon the 23 same material terms and conditions as the expired lease, with an adjustment in the rent 24 due the City; and 25 26 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA: 28 29 1. That the City Manager is hereby authorized and directed to execute, on 30 behalf of the City, the lease entitled GROUND LEASE AGREEMENT (GREAT NECK 31 DOMINION TOWER) CITY OF VIRGINIA BEACH, LESSOR AND T-MOBILE 32 NORTHEAST l_LC, LESSEE, dated March 24, 2010, a summary of the material terms of 33 which lease is hereto attached and a copy of which is on file in the Office of the City 34 Attorney. Adopted by the Council of tf 2010. APPROVED A3 TO CONTENT: C. ( !~n P blic Works/R:eal Estate ~e City of Virginia Beach, Virginia, on the day of APPROVED AS TO LEGAL SU F CI CY: / ~ ~,: City Attorney's Office CA11510 R-2 April 30, 2010 T MOBILE LEASE AGREEMENT Summary of Material Terms Location: 616 N. Great Neck Road (intersection with West Plantation Road), Beach District Lessee: T-Mobile Northeast, LLC Leased Area: 25' x 25' site, with access and maintenance easements, for accessory outbuilding housing telecommunications equipment Term: Five years with no right of renewal Rent: $13,709 per year (first year), payable in advance, with annual CPI increase Other: Lessee required to comply with all City ordinances and other requirements Lessee required to remove facilities and restore site to original condition upon expiration or termination of lease Lessee to reimburse City for cost of public notice M I ti ua: 3 z r ~ ~ hi~ ~¢~. ~ ~~ ~ j~~ ~` ~ ~ ~~ Y # .. z'. ~; .... R' „` 1 CO ,~' Y '~.a .. ~, ! a k o~ ~~ ~ ~~.~~i~. V !lyyrr U #' s * .Q,! ,' .~~ .`~N ~ ~ ~' ..` ~ .w~ r ~ L ~) ~~~ ~ ~~ ~~ ~ S } ~ z ~ ~ ~~.v ~ .'~ a: j s '" s i 3jj ~`... "~ t:~ # } f is 4 t i. .3 ~ ~ ~ { ~ ;~ ~ .x M .r ~ ~ w Z~ L.. .. ~ ~ 4 [ ` 1 ~ ~ ,~ ~° ~x, . r: ~, '~ ~ ' Y ~ , s e e- ~} i t ~ t~ sr~~ t) ~F> `i ~7~ ~7 i t ~ ;~ ~ ~ ~~,~'. ii is ti~ ~ . x... 1 ya ,f ~~ y~y f s ~ ' ~ .~' 7R !N Y ~~ r jv 4 A~ . . 'k. s ' ~ ~ St ^ 4yi° ri Nf ~i n ~. ,+i ~ . iti 1Y .+`. 4vv CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Authorizing Execution of the Virginia Water and Wastewater Agency Response Network Mutual Aid Agreement MEETING DATE: May 25, 2010 ^ Background: The National Infrastructure Protection Plan and in particular the Sector Specific Plan for the Water Sector developed by the United States Environmental Protection Agency identifies the development of a Water and Wastewater Agency Response Network in each State as an important means of helping to ensure resilient water and wastewater infrastructure in the public interest. In conjunction, nationally recognized professional associations known as the Virginia Section of the American Water Works Association (VA AWWA) and the Virginia Water Environment Association (VWEA) have jointly formed the Virginia Water and Wastewater Agency Response Network (VA WARN) Committee to develop the EPA- recommended mutual aid network and associated procedures for implementation in Virginia. VA WARN serves as a Mutual Aid Agreement to both water and wastewater utilities that have sustained damages from either natural or man-made events, enabling them to receive emergency assistance from other member utilities. This agreement is intended to supplement and integrate with the Statewide Mutual Aid Program administered by the Virginia Department of Emergency Management and related Federal Emergency Management Agency (FEMA) programs. Current members of VA WARN include the Albemarle County Service Authority, Alexandria Sanitation Authority, Blacksburg-Christiansburg - VPI Water Authority, Culpepper Environmental (water and wastewater) Services, Fairfax Water Authority, Hampton Road Sanitation District, James City Service Authority, Loudoun Water, Lynchburg Utilities, Manassas Public Works and Utilities, Newport News Water Works, Prince William County Service Authority, Richmond Public Utilities, Suffolk Utilities, Upper Occoquan Service Authority, and Western Virginia Water Authority. Other jurisdictions, including the City of Norfolk, are scheduled to have their governing boards take membership under consideration in the near future. ^ Considerations: The purpose of VA WARN is to provide a tool available to both water and wastewater utilities that have sustained damages from either natural or man- made events, enabling them to receive emergency assistance from other member utilities. The assistance might take the form of personnel, equipment or materials. Utilities requesting assistance from VA WARN members would be able to obtain the assistance before a local, state or federal emergency declaration is issued. By having the mutual aid agreements in place, it would reduce emergency response time and allow restoration of services with as little impact as possible. There is no membership fee to be a member of VA WARN. Membership is voluntary and any memk>er may withdraw membership upon thirty days written notice. Member utilities are not required to provide assistance and shall make their decisions to assist based on their abilities to respond. The VA WARN Committee established Event Agreement Forms to identify the scope of the assistance to be provided, including resources needed and cost estimates. ^ Public Information: The resolution is to be advertised as an ordinary agenda item; no public hearing or special form of notice is required. ^ Recomimendations: Adoption of resolution ^ Attachments: • Proposed resolution authorizing, Summary of Material Terms Recommended Action: Approval Submitting DE:partmenUAgency: Department of Public Utilities ~ ~ 7n- City Manager: S ~ . ~~ 1 A RESOLUTION AUTHORIZING AND DIRECTING THE 2 CITY MANAGER TO EXECUTE A VIRGINIA WATER AND 3 WASTEWATER AGENCY RESPONSE NETWORK 4 MUTUAL AID AGREEMENT 5 6 7 WHEREAS, the National Infrastructure Protection Plan and, in particular, the 8 Sector Specific Plan for the Water Sector developed by the United States 9 Environmental Protection Agency identifies the development of a Water and 10 Wastewater Agency Response Network in each State as an important means of helping 11 to ensure resilient water and wastewater infrastructure in the public interest; and 12 13 WHEREAS, in furtherance of such national Water Sector plan, Virginia's 14 longstanding, nationally-recognized professional associations known as the Virginia 15 Section of the American Water Works Association and the Virginia Water Environment 16 Association have jointly formed the Virginia Water and Wastewater Agency Response 17 Network ("VA WARN") Committee to develop the EPA-recommended network and 18 associated procedures for implementation in Virginia; and 19 20 WHEREAS, the VA WARN Committee has developed the attached form of a VA 21 WARN Mutual Aid Agreement for use by public and private Water Sector utilities for 22 purposes of requesting assistance and responding to such requests as well as a related 23 form of an Event Agreement for providing assistance of a defined scope on defined 24 terms and conditions; and 25 26 WHEREAS, this VA WARN Mutual Aid Agreement is intended to supplement and 27 integrate with the Statewide Mutual Aid Program administered by the Virginia 28 Department of Emergency Management, with the Emergency Management Assistance 29 Compact, and with other mutual aid agreements of local, intrastate and interstate scope; 30 and 31 32 WHEREAS, the City of Virginia Beach owns public water and wastewater 33 facilities that the Department of Public Utilities operates, is responsible for management 34 of these facilities in the Commonwealth of Virginia, and is therefore eligible to participate 35 in VA WARN and the VA WARN Mutual Aid Agreement; 36 37 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 38 OF VIRGINIA BEACH: 39 40 That the City Manager is hereby authorized and directed to execute, on behalf of 41 the City, the "Virginia Water and Wastewater Agency Response Network Mutual Aid 42 Agreement," a summary of the material terms of which is hereto attached, and a true 43 copy of which is on file with the Department of Public Utilities. 44 Adopted by the Council of the City of Virginia on this day of 2010. APPROVED AS TO CONTENT: ~~~Y~1 ~' r--~ Department of IPublic Utilities CA11509 R-2 May 10, 2010 APPROVED AS TO LEGAL SUFFICIENCY: f - :r City Attorney's Office VA WARN AGREEMENT SUMMARY OF MATERIAL TERMS PARTIES: Numerous localities and service providers throughout Virginia SUBJECT: Agreement for mutual assistance in cases of damage to utility facilities in cases of emergency TERM: Indefinite, but City may withdraw at any time upon 30 days' notice COST: No cost to join as member of VA WARN; costs of response to individual emergencies are responsibility of Requesting Utility unless otherwise agreed OTHER: Members are not required to provide assistance when requested to do so; if assistance is provided, scope may be modified at any time by either Requesting Utility or Assisting Utility Personnel used in responding to requests for assistance by Requesting Utility are subject to direction and control of Assisting Utility Assisting Utility may withdraw personnel upon 24 hours' notice except when such notice is impracticable ~~ yh ~~ s ~.~ CITY OF VIRGINIA BEACH _ AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments into a portion of City property known as Croatan Beach located at the rear of 522 S. Atlantic Avenue, for property owners Edward F. Lewis and Christel L. Lewis MEETING DATE: May 25, 2010 ^ Background: Edward F. Lewis and Christel L. Lewis have requested permission to construct and maintain an elevated wood walk, steps and observation platform for beach access on a portion of the City's property known as Croatan Beach, located at the rear of 522 S. Atlantic Avenue, Virginia Beach, Virginia. There are similar encroachments located across the dunes at Croatan Beach, which is where Edward and Christel Lewis have requested to encroach. ^ Considerations: City Staff has reviewed the requested encroachments and has recommended approval of same, subject to certain conditions outlined in the Agreement. Additionally, this~encroachment has been reviewed for conformity with Resolution 3274, the Beaches and Waterfront Advisory Commission's dune encroachment recommendations. ^ Public Information: Advertisement of City Council Agenda ^ Alternatives: Approve the encroachments as presented, deny the encroachments, or add conditions as desired by Council. ^ Recommendations: Approve the request subject to the terms and conditions of the Agreement. ^ Attachments: Ordinance, Agreement, Plat, Pictures and Location Map Recommended Action: Approval of the ordinance. Submitting DepartmentlAgency: Public Works/Real Estate 1" ~~ City Manager. S 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS s INTO A PORTION OF CITY 6 PROPERTY KNOWN AS CROATAN ~ BEACH LOCATED AT THE REAR OF 8 522 S. ATLANTIC AVENUE FOR 9 PROPERTY OWNERS EDWARD F. to LEWIS AND CHRISTEL L. LEWIS 11 12 WHEREAS, Edward F. Lewis and Christel L. Lewis, desire to construct and 13 maintain an elevated wood walk, steps and observation platform upon a portion of City 14 property known as Croatan Beach, located at the rear of 522 S. Atlantic Avenue, 15 Virginia Beach, Virginia; and 16 17 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, is Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 19 City's property subject to such terms and conditions as Council may prescribe. 20 21 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 24 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Edward F. Lewis and 25 Christel L. Lewis, their heirs, assigns and successors in title are authorized to construct 26 and maintain temporary encroachments for an elevated wood walk, steps and 2 ~ observation platform on a portion of the City's property as shown on the map marked 28 Exhibit "A" and entitled: "PLAT SHOWING ENCROACHMENT OF ELEVATED WOOD 2 9 WALK, STEPS & OBSERVATION PLATFORM ON PUBLIC BEACH ADJACENT TO 3 o LOT 12 -BLOCK 29 CROATAN BEACH M.B. 37 P. 11 VIRGINIA BEACH, VA. SCALE: 31 1"= 40' 8 FEBRUARY 2010 MADE FOR EDWARD F. 8~ CHRISTEL L. LEWIS," a copy 32 of which is on file in the Department of Public Works and to which reference is made for 33 amore particular description; and 34 35 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly 36 subject to those terms, conditions and criteria contained in the Agreement between the 3 ~ City of Virginia Beach and Edward F. Lewis and Christel L. Lewis (the "Agreement"), 3 s which is attached hereto and incorporated by reference; and 39 4 o BE IT FURTHER ORDAINED, that the City Manager or his authorized designee 41 is hereby authorized to execute the Agreement; and 42 43 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such 44 time as Edward F. Lewis and Christel L. Lewis and the City Manager or his authorized 45 designee execute the Agreement. 46 4 ~ Adopted by the Council of the City of Virginia Beach, Virginia, .on the 4 s of _, 2010. CA-11394 R-1 PREPARED: ',i/5/10 APPROVED A-S TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM ~~ ~'. C ~ BLIC WORKS, REAL ESTATE . ARMEYER ASSISTANT CITY ATTORNEY day PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this 4th day of May, 2010, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and EDWARD F. LEWIS AND CHRISTEL L. LEWIS, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. W ITNESSETH: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lots 2 and 12, Block 29", as shown on that certain plat entitled: "RESUBDIVISION OF PART OF CROATAN BEACH PRINCESS ANNE CO, VA SCALE 1" = 100' JUNE, 1954," prepared by C A BAMFORTH, CLS and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 37, at page 11, and being further designated, known, and described. as 522 S. Atlantic Avenue, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to construct and maintain an elevated wood walk, steps and observation platform, collectively, the "Temporary Encroachment", in the City of Virginia Beach; WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of City property located at the rear of 522 S. Atlantic Avenue known as Croatan Beach, the "Encroachment Area"; and GPIN: 2427-30-4559-0000 (522 S. Atlantic Avenue) 2427-30-8604-0000 (CITY PROPERTY) 'dVHEREAS, the Grantee has requested that the City permit a Temporary Encroachment within the Encroachment Area. IVOW, 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), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and tf'~e City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: ~~ Temporary Encroachment into the Encroachment Area as shown on that certain plat entitled: "PLAT SHOWING E=NCROACHMENT OF ELEVATED WOOD WALK, STEPS & OBSERVATION PLATFORM ON PUBLIC BEACH ADJACENT TO LOT 12 -BLOCK 29 CROATAN BEACH P~I.B. 37 P. 11 VIRGINIA BEACH, VA. SCALE: 1"= 40' 8 F=EBRUARY 2010 MADE FOR EDWARD F. & CHRISTEL L. L.EWIS," a copy of which is attached hereto as Exhibit "A" rind to which reference is made fora more particular clescription. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. 11: is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must 2 be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location, or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be 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 further expressly understood and agreed that the seaward extent of the Temporary Encroachment shall not extend past the eastward toe of the sand dune. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, 3 combined single limits of such insurance policy or policies. The Grantee will provide endorsement:; providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the City Engineer's Office or the Engineering Division of the Public Utilities Department. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge tfie Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and iif such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed 4 to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Edward F. Lewis and Christel L. Lewis, the said Grantee, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its names 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 VIIRGINIA 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/Authorized Designee of the City Clerk STATE OF VIFGINIA CITY OF VIRGINIA BEACH, to-wit: (SEAL) The foregoing instrument was acknowledged before me this day of _, 2010, by ,CITY CLERK/AUTHORIZED DESIGNEE 01= 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 7 /^ Edward'F. Lewis, 'Owner STATE OF VIRGIN~yP~ - CITY/COUNTY OF Gf ~ , to-wit: / ~' Christel L. Lewis, Owner r~~ The foregoing instrument was acknowledged before me this 7' day of 2010, by Edward F. Lewis. Notary Registration Number: ~.z~~~~~ My Commission Expires: ~~ .3~~ ~ZG/~- STATE OF VIRGINIA , CITY/COUNTY OF .( , to-wit: (SEAL) Not ry Pub ' DOLORESJ.COX NOTARY PUBLIC COMMONWEALTH OF VIRGINIA NOTARY REGISTRATION NUMBER: 7213889 MY COMMISSION EXPIRES NOVEMBER 30, 2012 ~~ day of The foregoing instrument was acknowledged before me this 2010, by Christel L. Lewis. Notary Registration Number: ~~/~~~1 My Commission Expires: //- ~' ~G/off (SEAL) t ryPub DOLORES J. COX NOTARY PUBLIC COMMONWEALTH OF VIRGINIA NOTARY REGISTRATION NUMBER: 7213889 MY COMMISSION EXPIRES NOVEMBER 30, 2012 7 APPROVED AS TO CONTENTS NATURE ~L.U ~¢} I C~~i~JF DE ARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM rmeyer, Assistant City Attorney ~ ATLANTIC OCEAN o ~ "CROATAN BEACH" Q Q GPIN: 7427- 30-8604 J W d w Z SEA1tiARD TOE ~ _ OF DUNE _ _ of ~a x> ~~ W p ~ o DUNE _ CREST n.. d 3 ~ ifl 0 - 4.0' N 04'14'15" W 50.00' 0 I Q W wa ~i ~ ~ N ~ Y ~ J 03 a3 M ~ N ~ .- Q] o N ~ ~ Q ~ uj W J W ~j (~ Q ~ N J N ~ O ~ ~ .J Z ~ . ; 0 ~t O i~ U~ N i J N ~ Wco ~ Q i ~ ~ ~ ~~ ~~ W O U O r7 r ~- ~aa V O r7 W Q .- ~ Za: ~ o0 zz~ Q O -~ ~ !' Q z ~ Z a~ ~ ~ ~ ~ m N ) Nr U JN H i- °~O ~ O O ~~ CD N Q ? O d- ~ O N O Z N z ~ m~ O O z ~ ~ ~ L o° cri z a W _ cno ° z - ~ ~ ~ Q N c~ ~ U . a Z C7 ~ t~ ~ ~n 3 ~ ~ ~ Q - ~ ~ W N ~ ~ m °O f- z ~ v' O 50.00' ~ 700.00' S 04'14'15" E N a Q N a i Z rn o F ° F- ~ o cn N W J (=j ~ N = Q , ~ J ~ U U O Y Q ~ ~ J N a ~ U ~3 Q w i-U~,,~ ~om 2 aQ w~~~ 'Locno W ~' ~ Z m W~ z r ~ = T m W U Q m ~ W U W 3 I- (n ~ ~ ~ Q m Z 0~~ 2 p = ~ d a U ~ C9 ~ ~ cn 11 c i~ Y J ~ U J 5 0 = '' ~ ~ 3 w 3 a ¢ ° W ~ U O ~ O 3 a w ~~ I1I A W 1~ ~ cyp O ¢ ~~ ~V~ '' ' ~ Z ~ OG ~ ~ . [ , F' ~ ~ ~ ~ ~ ~, ~ W Z '~ m P d. ~ ~! ~~ O ~ 0 ~ Lf') u pp W ~ Q J w ~ ~ ~ ~M ~ _ ~ W ~< U1 S W JZN Q.Z Q~~ u ~Z o5~ _i w o ~ J __ v=a S. ATLANTIC AVENUE (50' R/IN) (CHAUTAUQUA AVE. - M.B. 37 P. 11) Q ~ ~ = Y a > J X Z ~ CD . >~ ~ ct Z N >Q ~ O Q w w~ Cn (n w z 0 O w O J O } ~ _J ~ d Cfl Z Z ~ ~ o ~ a p a P o ~ ~- ~W ~ J U O Z 0 LL w J Q Z ~_ H W W ~~ LL ~+ O ~J J J J z w 0 H ~ Q ~ ~ U m L.L. 0 ~ Q J w Q O W ~ m H Z W 0 i CV M M W Q U N LL N H W W wu~~ h.~ ~4 :.. ,.. i ~S) yp ~ ir~~ CITY OF VIRGINIA BEACH .AGENDA ITEM ITEM: An Ordinance to Appropriate Funds from the U.S. Department of Homeland Security to the FY 2009-10 Operating Budget of the Fire Department MEETING DATE: May 25, 2010 ^ Background: The City of Virginia Beach is the sponsoring agency for VA-TF 2, Federal Emergency Management Agency (FEMA) Urban Search and Rescue Team. Eighty-three members of the VA-TF2 were activated to the country of Haiti (80 on January 13, 2010, and 3 on January 15, 2010) to assist with the search and rescue efforts following the January earthquake. This effort supported the U.S. Agency International Development's Office of Foreign Disaster Assistance (USAID/OFDA) activities. Upon activation and deployment, FEMA provides funding to reimburse participants for eligible equipment, supplies and overtime supporting this event from activation through demobilization. On February 9, 2010, City Council appropriated $1,500,000 from the Department of Homeland Security (DHS) for the estimated deployment costs. On March 23, 2010, FEMA notified the Fire Department that the authorized reimbursement for this deployment was $3,257,514. ^ Considerations: As the sponsoring agency, the City of Virginia Beach Fire Department is responsible for administrative and fiscal management of the team and its assets. Based on further accounting of deployment and demobilization costs, the total cost for the VA-TF 2 support for the Haiti mission will be close to $1,700,000; however the actual cost will be better known once the reimbursement request documents have been finalized. As such, an additional $200,000 from the U.S. Department of Homeland Security's $3.25 million allocation will be needed to cover replacement equipment ($100,000) and over-time costs ($100,000). ^ Public Information: Public information will be handled through the normal agenda process. ^ Alternatives: The City's designation as sponsoring agency for FEMA VA-TF2 is apre-arranged relationship and an obligation between the City of Virginia Beach and DHS/FEMA. ^ Recommendations: Appropriate $200,000 to cover the remaining expenses of VA-TF2 related to the Haiti Earthquake mobilization. ^ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Fire Department ~~~ City Manager: ~ ,~~ 2 3 4 5 6 8 9 10 11 12 AN ORDINANCE TO APPROPRIATE FUNDS FROM THE U.S. DEPARTMENT OF HOMELAND SECURITY TO THE FY 2009-10 OPERATING BUDGET OF THE FIRE DEPARTMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: $200,01)0 from the U.S. Department of Homeland Security, Federal Emergency Management ~4gency is hereby appropriated, with estimated federal revenues increased accordingly, to the FY 2009-10 Operating Budget of the Fire Department for costs related to the deployment of VA-TF2 Team for the Haiti Earthquake Adopted by the Council of the City of Virginia Beach, Virginia on the day of .2010. Requires an affirmative vote by a majority of all of the members of City Council. Approved as to Content 1%wu~DQ Management Services ' Approved as to Legal Sufficiency City r ey's Office CA11517 R-2 May 12, 2010 '` w~~ -:;~~~ ~.~~ ~~~ o~`f CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Grant Funds from the U.S. Department of Energy to the FY2009-10 Operating Budget of the Department of Planning MEETING DATE: May 25, 2010 ^ Background: The City of Virginia Beach has received a $200,000 grant award from the U.S. Department of Energy through the 2009 American Recovery and Reinvestment Act's Local Energy Assurance Plan (LEAP) grant program. This initiative will allow the City to develop a standardized energy assurance and resiliency plan to rely on during energy emergencies and supply disruptions. ^ Considerations: This grant will provide the City of Virginia Beach with funding for energy assurance management, a project management plan, an energy assurance plan, contracted administrative help, and other operating expenses. A current vacancy will be used for the energy management administrator position, so the proposed use of these grant funds does not create a new FTE. The City will pay for $19,300 of the personnel costs, with remainder of the expenses being covered by this grant and a previously approved federal grant. The LEAP grant period is April 2010 to March 2012. ^ Public Information: Public information will be provided through the normal City Council agenda process. ^ Alternatives: No other funding is available for this program at this time. ^ Recommendations: Approval of the attached ordinance. ^ Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Planning ~ City Manager: S K ~~ 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS FROM THE U.S. DEPARTMENT OF ENERGY TO 3 THE FY2009-10 OPERATING BUDGET OF THE 4 DEPARTMENT OF PLANNING 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 1. That $200,000 is hereby accepted from the United States Department of 10 Energy and appropriated, with federal revenues increased accordingly, to the FY 2009-10 11 Operating Budget of the Department of Planning for the development of an energy 12 assurance program. Adopted by the Council of the City of Virginia Beach, Virginia on the day of :?010. Requires an affirmative vote by a majority of all the members of City Council. Approved as to Content -- ~~/~ Management Services Approved as to Legal Sufficiency ity ey's Office CA11519 R-1 May 12, 2010 GNU ~c ~4 ~~' «' ~yr~i 4: -= a~ ~`w e-..,,.•o CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate Funds from the Fund Balance of the Sheriffs Department Inmate Services Fund to the FY 2009-10 Operating Budget of the Sheriff's Department MEETING DATE: May 25, 2010 ^ Background: The Sheriff's Department receives funding from a number of different sources that are subject to deviation. This mandates sound fiscal policy to be conservative with spending and aggressive with revenue generation. The goal and policy of the Sheriff's Department is to maintain a five percent reserve of non-local revenue to provide greater fiscal stability. This policy allowed the Sheriff's Department to use the fund balance to maintain services without requesting additional local money when necessary. Amounts of fund balance in excess of the amounts reserved under the policy are used to support the functions within the Sheriff's Department. ^ Considerations: In an effort to better align the Sheriff's Department staffing, three deputies currently working in the Medical Division were transferred from Compensation Board Correctional positions in the Sheriffs Special Revenue Fund to the Inmate Services Fund. The Compensation Board position funding is being utilized to help absorb the FY 2009-10 State reduction. To align funding with the staffing needs, an appropriation of additional funds from the unreserved fund balance of the Inmate Services Fund is required for FY 2009-10. This will provide and support the function of the Medical deputy positions. The transfer of the three positions between the Sheriffs funds is reflected in the Adopted FY 2010-11 Operating Budget with increased revenues to support the positions in the Inmate Services Fund. In addition, in keeping with the Sheriffs Department policy, afive-percent reserve will remain in the Sheriffs Department Inmate Services fund balance. ^ Public Information: Public information will be handled through the normal Council Agenda notification process. ^ Recommendations: Approve the appropriation of funds. ^ Attachments: Ordinance Recommended Action: Approval Submitting DepartmentlAgency: Sheriffs Department City Manager: ~ ~~~ 1 AN ORDINANCE TO APPROPRIATE FUNDS FROM 2 THE FUND BALANCE OF THE SHERIFF'S 3 DEPARTMENT INMATE SERVICES FUND TO THE 4 FY 2009-10 OPERATING BUDGET OF THE 5 SHERIFF'S DEPARTMENT 6 7 WHEREAS, the Sheriff has requested the use of Fund Balance from the Sheriff's 8 Department Inmate Services Fund to support three current Medical deputy positions 9 transferred mind-year from the Special Revenue Fund to the Inmate Services Fund; and 10 11 WHEREAS, funding is available for FY 2009-10 in the Fund Balance of the Sheriff's 12 Department Inmate Services Fund. 13 14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 15 VIRGINIA BEACH, VIRGINIA: 16 17 That $90,000 is hereby appropriated from the Fund Balance of the Sheriffs 18 Department Inmate Services Fund to the FY 2009-10 Operating Budget of the Sheriffs 19 Department. Requires an affirmative vote by a majority of all of the members of City Council. Adopted by the Council of the City of Virginia Beach, Virginia on the day of _, 2010. Approved as to Content ~~~~~~ b anag en Services Approved as to Legal Sufficiency ce a City Attorney CA11521 R-1 May 14, 2010 !. ,~/ 4~ ~3 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate Fund Balance and Transfer Funds to the Agricultural Reserve Program Special Revenue Fund MEETING DATE: May 25, 2010 ^ Background: This ordinance will provide $1,266,587 of funding to cover a portion of the anticipated costs for new acquisitions of agricultural land preservation easements through June, two of which are coming to Council for approval today. ^ Considerations: These funds will come from an appropriation of fund balance and a transfer of existing appropriations within the Agricultural Reserve Program Special Revenue Fund ("ARP Fund") as follows: • A transfer of $700,140 in existing appropriations in the Reserve for Future C.I.P. Commitments in the ARP Fund; and • An appropriation of $566,447 from the undesignated fund balance of the ARP Fund. The ARP Fund has the capacity to provide funding from its fund balance. With the planned use of ARP Fund Balance in both the FY 2009-10 ($4.2 million) and FY 2010- 11 ($4 million) Operating Budgets and the anticipated easement acquisition schedule of 400 acres in FY 2009-10 and 701 acres in FY 2010-11, the anticipated amount remaining in the ARP undesignated fund balance will be $12.1 million by June 30, 2010, and $7.6 million by June 30, 2011. ^ Public Information: Public Information will be handled through the normal Council agenda process. ^ Alternatives: If these funds are not appropriated, there will not be sufficient funding available to acquire these additional easements. ^ Recommendations: Approval of the appropriation and transfer of funds. ^ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Agriculture City Manage • !~ 1 AN ORDINANCE TO APPROPRIATE FUND 2 BALANCE AND TRANSFER FUNDS TO THE 3 AGRICULTURAL RESERVE PROGRAM SPECIAL 4 REVENUE FUND 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 1) That $566,447 is appropriated from fund balance of the Agricultural Reserve 10 Program Special Revenue Fund ("ARP Fund") to the ARP Fund in the 11 FY2009-10 Operating Budget to cover a portion of the costs for the purchase 12 of various agricultural land preservation easements. 13 14 2) That $700,140 is transferred from the Reserve for Future C.I.P. 15 Commitments in the ARP Fund to the ARP Fund in the FY2009-10 16 Operating Budget to cover the a portion of the costs for the purchase of 17 various agricultural land preservation easements. Adopted by the Council of the City of Virginia Beach, Virginia on the day of .2010. Requires .an affirmative vote by a majority of all of the members of City Council. Approved as to Content Management Services Approved as to Legal Sufficiency l orney s Office CA11520 R-3 May 13, 2010 ~ ~~ .'`~, : ' s ~~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer $265,210 from the General Fund Reserve for Contingencies to the FY 2009-10 Operating Budget of the Sheriffs Department MEETING DATE: May 25, 2010 ^ Background: The Compensation Board of Virginia recently indicated that reimbursements associated with Constitutional Officers would be reduced in FY 2009- 10. It has been indicated that the Sheriff's Department will receive prorated funding for the fourth quarter per diem payment due to funding reductions as well as increases in the state inmate population; it is anticipated the department can absorb this amount ($647,712). Additionally, the Compensation Board has indicated that the department will not receive reimbursements for the salary expenses associated with a state imposed one-day furlough ($58,000) as well as absorbing retirement and group life insurance costs ($207,210). State reductions this year combined with anticipated State reductions in FY 2010-11 limit the amount of available Fund Balance the Sheriffs Department has to absorb these reductions. ^ Considerations: In an effort to minimize the impact of reducing operations and funding during the current fiscal year, a transfer from the General Fund Reserve for Contingencies is suggested to cover the cost of the furlough and the retirement and life insurance amounts. The balance of the Reserve for Contingencies after this ordinance will be $348,985. ^ Public Information: Briefed to City Council on May 18"'. Public information will be handled through the normal Council Agenda notification process. ^ Recommendations: Approve the transfer. ^ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Sheriffs Department City Manager: K, , ~'`l 1 AN ORDINANCE TO TRANSFER $265,210 FROM 2 THE GENERAL FUND RESERVE FOR 3 CONTINGENCIES TO THE FY 2009-10 OPERATING 4 BUDGET OF THE SHERIFF'S DEPARTMENT 5 6 WHEREAS, the Compensation Board of Virginia has indicated that the Sheriffs 7 Department v-rill not receive reimbursements in its FY 2009-10 Operating Budget for a 8 state imposed one-day furlough and a portion of retirement and life insurance costs. 9 10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 11 VIRGINIA BE~4CH, VIRGINIA, THAT: 12 13 $265,210 is hereby transferred from the General Fund Reserve for 14 Contingencies; to the FY 2009-10 Operating Budget of the Sheriffs Department. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2010. Approved as to Content S anage ent Services Approved as to Legal Sufficiency City ey's Office CA11525 R-1 May 18, 2010 u s~ ~w'~~ ;y p F~ z f a '~ ~s~ ~,~. ~ ~~- ~ ~~~, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer Funds within the FY 2009-10 Operating Budget of the Fire Department to Purchase Replacement Defibrillators MEETING DATE: May 25, 2010 ^ Background: On April 14, 2009, City Council appropriated a grant to the FY 2008-09 Fire Department Operating Budget in the Grants Consolidated Fund totaling $922,785 from the U.S. Department or Homeland Security (DHS), Federal Emergency Management Agency (FEMA) under the FY 2008 Assistance to Firefighters Grant Program. The purpose of the grant was to replace the Fire Department's inventory of 34 defibrillators totaling $510,000, whose average age at that time was 10 years, and to purchase a portable driving simulator totaling $412,785 to be located at the City's regional Fire Training Center. Due to cost increases, the grant replaced and upgraded only 23 units. However, due to a reduction of price for the driving simulator, $58,285 remains within the grant and can be used to purchase 4 additional defibrillator replacements as long as matching funds can be identified, and all funds are obligated before the grant expires. On May 3, 2010, the City Manager approved a request by the Fire Department to transfer $89,503 including the $58,285 of federal grant funds along with a local match of $31,218 using existing appropriations from the FY 2009-10 Fire Department Operating Budget ($16,080) and FY 2008-09 Fire Programs Grant ($15,138) to purchase 4 additional defibrillator replacements. This transfer will be reported to City Council in the June monthly report along with other transfers that occurred in May. Subsequent to this transfer of funds, the Fire Department learned that there was a one- time opportunity for a large trade-in rebate totaling $48,790 for the 22 old defibrillators if it made one lump-sum purchase. These trade-in units were kept for spare parts and not traded in with the last 23-unit purchase. To take full advantage of the trade-in cost rebate, additional funds totaling $52,135 need to be provided that would permit the purchase of 5 additional replacement units. This funding combined with the previous transfer of grant and City funding would increase the defibrillator replacements from 23 to 32. Taken together, the additional request would increase the amount of funds being transferred for these 9 additional defibrillator replacements to $141,638, which would require Council permission. ^ Considerations: Upon review of its FY 2009-10 Operating Budget, the Fire Department has identified existing funds totaling $52,135 that could be transferred to assist in the purchase of the 5 additional defibrillator replacements. This transfer would bring the total purchase to 9 defibrillators. ^ Public Information: Public information will be handled through the normal Council agencia process. ^ Recomimendations: Approve the transfer of funds. ^ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Fire Department~~~ City Manager: ~. -~~ 1 2 3 4 5 6 7 8 9 10 11 AN ORDINANCE TO TRANSFER FUNDS WITHIN THE FY 2009-10 OPERATING BUDGET OF THE FIRE DEPARTMENT TO PURCHASE REPLACEMENT DEFIBRILLATORS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA THAT: Funds in the amount of $52,135 are transferred within the FY 2009-10 Operating Budget of the Fire Department to purchase five replacement defibrillators. 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 Management Services i Attp~r 's Office CA11518 R-2 May 13, 2010 M. PLANNING Applications of BREATHWAITE PLACE at 732-746 Newtown Road and 5573 Rock Creek Lane re townhouse dwellings BAYSIDE -DISTRICT 4 a. Street Closure re proposed multi-family project b. Change of Zoning from R-7.5 Residential District to Conditional A-24 Apartment District RECOMMENDATION APPROVAL 2. Application of JACQUELINE B. AMATO to enlarge a Nonconforming~Structure at 5306 Atlantic Avenue. LYNNHAVEN -DISTRICT 5 RECOMMENDATION APPROVAL 3. Application of CHESAPEAKE ATLANTIC, LLC for Modification of Conditional Change of Zoning (approved by City Council on October 24, 2006) at 173 and 177 South Birdneck Road and 1228 Jenson Drive. BEACH -DISTRICT 6 RECOMMENDATION REFER BACK TO PLANNING COMMISSION 4. Application of GRACE BIBLE CHURCH for Modification of Conditions 1 and 2 (approved by City Council on Apri124, 2007) at Ansol Lane ROSE HALL -DISTRICT 3 RECOMMENDATION APPROVAL Application of HARVEST OUTREACH MINISTRIES, INC. for Modification of Conditions 1 and 2 (approved by City Council on March 25, 2008) at 3168 Indian River Road. PRINCESS ANNE -DISTRICT 7 RECOMMENDATION APPROVAL 6. Application of VIRGINIA BEACH UNITED METHODIST CHURCH for a Conditional Use Permit re expansion of the church for religious uses at 212 19th Street. BEACH -DISTRICT 6 RECOMMENDATION APPROVAL 7. Application of T-MOBILE NORTH EAST, L.L.C./EDISON LANE STORAGE ASSOC., LLC, for a Conditional Use Permit re a communication tower at 1744 General Booth Boulevard. PRINCESS ANNE -DISTRICT 7 RECOMMENDATION APPROVAL 8. E~pplication of the CITY OF VIRGINIA BEACH for a Conditional Use Permit re outdoor artists market (flea market) at Parks Avenue and 19`h Street I3EACH -DISTRICT 6 RECOMMENDATION APPROVAL 9. Ordinances to AMEND the City Zoning Ordinance (CZO): a.. Sections 111, 215, and 216 to ADD Section 218 defining electronic display billboards and ESTABLISH a fee in the amount of Four Hundred Dollars ($400.00) for electronic display billboard applicataions as authorized by Virginia Code Section 15.2-2286 (A)(6) b. Section 501 to allow cemeteries, columbariums, crematoriums and mausoleums as Conditional Uses in the R-20, R-30 and R-40 Residential Zoning Districts FECOMMENDATION APPROVAL :Ef~,~u; N~s~ ~~;1^^~' NOTICE OF PUBLIC HEARING Virginia Beach City Council will meet in the Chamber at City Hall, Municipal Center, 2401 Courthouse Drive, Tuesday, May 25, 2010, at 6:00 p.m. The following applications will be heard: LYNNHAVEN DISTRICT Application: Jacqueline B. Amato, NonconfonninQ Structure at 5306 Atlantic Avenue. CITY OF VIRGINIA BEACH Ordinance to amend Sections 111, 215, and 216 and add a new Section 218 to the City Zoning Ordinance defining electronic display billboards and establishing requirements for such billboards. In addition, such ordinance Hundrled Dollarse($400.00) for appl cations for approval of electronic display billboards. Such proposed fee is authorized by Virginia Code Section 15.2-2286 (AI(61- The complete ordinance and information concerning the documentation for the proposed fee are available for examination by the general public at the Department of Planning, Municipal Center, Bidg. 2, 2405 Courthouse Ddve, Virginia Beach, Virginia 23456. Ordinance to amend Section 501 of the Ciry Zoning Ordinance to allow cemeteries, columbariums, crematoriums, and mausoleums as conditional uses in the R-20, R-30 and R-40 Residential zoning districts. BAYSIDE DISTRICT Breathwaite Place Application: Street Closure fora portion of Shumey Lane (Newtown Road)and 5573 Rock Creek Lane. Breathwaite Place, L.L.C. Application: Change of Zoning District Aoolication from R-7.5 Residential to Conditional A-24 Apartment at 732-746 Newtown Road and 5573 Rock Creek Lane. Comprehensive Plan: Suburban Area. Purpose: townhouse dwellings. PRINCESS ANNE DISTRICT Harvest Outreach Ministdes, Inc. Application: Modification of Conditions (approved by City Council on Mamh 25, 2008) at 3168 Indian River Road. T-Mobile North East, L.L.C./Edison Lane Storage Assoc.. LLC Application: Conditional Use Permit for a communication tower at 1744 General Booth Boulevard. BEACH DISTRICT Virginia Beach United Methodist Chumh Application: C^^~"'^^'~ Use Permit for religious uses at 212 19th Street. Chesapeake Atlantic, LLC Application: Modification of Conditions (approved by City Council on October 24, 2006) at 173 and 177 S. Birdneck Road and 1228 Jenson Drive. City Of Virginia Beach Application: Conditional Use Permit for outdoor artists market (flea market) at Parks Avenue and 19th Street (GPIN 2417877158). ROSE HALL DISTRICT Grace Bible Church Application: Modification of Conditions (approved by City Council on April 24, 2007) at Ansol Lane (GPINS 1497138886;14971358621 All interested citizens are invited to attend Ruth Hodges Fraser, MMC Ciry Clerk Copies of the proposed ordinances, resolutions and amendments are on file and may be examined in the Department of Planning or online at ht[g.//www vbeov comma For information call 385-4621. If you are physically disabled or visually hnpafred and need assistance at this meeting, please call the CITY CLERK'S OFFlCE at 3854303. Beacon May 9 & 16, 2010 21268557 °•~s. Z •~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Application of BREATHWAITE PLACE, L.L.C. for the closure of a portion of Newtown Road adjacent to 732-746 Newtown Road and 5573 Rock Creek Lane. DISTRICT 2 - KEMPSVILLE MEETING DATE: May 25, 2010 ^ Background: Breathwaite Place, L.L.C., the applicant, requests the discontinuance, closure, and abandonment of a portion of Newtown Road adjacent to 732 through 746 Newtown Road and 5573 Rock Creek Lane. The applicant proposes to incorporate the closed portion of the right-of-way into a proposed multi-family project on adjacent properties (subject of a Conditional Change of Zoning application). ^ Considerations: The Viewers reviewed this request and found that it would not present any inconvenience to the public. This is a portion of Newtown Road remaining from a past roadway improvement project that serves only the five addresses noted on the application for closure. If closed, the roadway will be incorporated into atownhouse- style condominium development proposed on the properties adjacent to the roadway. There was no opposition to this request. ^ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0 with 1 abstention to recommend approval to the City Council with the following conditions: The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of said policy are available in the Planning Department. 2. The applicant shall re-subdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcel. The resubdivision plat must be submitted and approved for recordation prior to final street closure approval. Breathwaite Place, L.L.C. -Street Closure Page 2 of 2 3. The applicant shall provide easements for any City utilities located within the right- of- way closure area subject to the approval of the Department of Public Utilities and/or Department of Public Works and the City Attorney's Office, which easements shall include a right of reasonable ingress and egress. 4. The applicant shall provide easements for any private utilities located within the right-of-way proposed for closure, subject to the approval of the appropriate private utility companies. 5. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions notecl above are not accomplished and the final plat is not approved within one year Hof the City Council vote to close the right-of-way this approval shall be considered null and void. ^ Attachments: Staff Reviiew Disclosuna Statement Planning Commission Minutes Location IVlap and Summary Ordinance Recommended ,Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: C S ~ • ~~Z "'~~`" ,~ , Breathwaite Place, LLC i~ ~~..~ - } _. 4~ 82 _f~` - '; `~~A1B 62 ':iii l ~ ~= ~ ,~ , ~s /~ ;tiffs ~~:a , 'X~t7.~'~ 1 J . r< ~ «+a ~n•F«~.xar w.,,.:ha.. SteeetCbsute 3 April 14, 2010 Public Hearing APPLICANT: BREATHWAITE PLACE, L.L.C. STAFF PLANNER: Faith Christie REQUEST: Discontinuance, closure and abandonment of a portion of Newtown Road, adjacent to 732 through 746 Newtown Road and 5573 Rock Creek Lane ADDRESS / DESCRIPTION: A portion of Newtown Road, running south from Rock Creek Lane, adjacent to 732 through 746 Newtown Road GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: Not yet assigned KEMPSVILLE 15,490 square feet Less than 65 d6 DNL SUMMARY OF REQUEST The applicant requests the discontinuance, closure, and abandonment of a portion of Newtown Road, adjacent to 732 through 746 Newtown Road and 5573 Rock Creek Lane. The applicant proposes to incorporate the closed portion of the right-of-way into a proposed multi-family project on adjacent properties (subject of a Conditional Change of Zoning application). LAND USE AND ZONING INFORMATION EXISTING LAND USE: A portion of Newtown Road remaining from a past roadway improvement project SURROUNDING LAND North: Rock Creek Lane BREATHWAITE PLACE, L.L.C. -STREET CLOSURE Agenda Item 3 Page 1 USE AND ~:ONING: South: . Chinese Community Association / B-1 Business East: Single-family dwellings / R-7.5 Residential West: Newtown Road NATURAL (RESOURCE AND There are no natural resources or cultural features associated with the CULTURAL. FEATURES: roadway. IMPACT ON CITY SERVICES WATER: There is an eight-inch City water main along Rock Creek Lane, and a 12-inch City water main along Newtown Road. Adequate easements subject to the approval of the Public Utilities department will be required. The developer is also advised that no encroachments, i.e. structures, will be permitted within the easements. SEWER: There is a 10-inch City sanitary sewer main along Rock Creek Lane and eight-inch City sanitary sewer gravity main along Newtown Road. Adequate easements subject to the approval of the Public Utilities department will be required. The developer is also advised that no encroachments, i.e. structures, will be permitted within the easements. PRIVATE U'TILITES: There is a 48-inch Hampton Roads Sanitary District (HRSD) force main along Newtown Road. Adequate easements subject to the approval of HRSD will be required. The developer is also advised that no encroachments, i.e. structures, will be permitted within the easements. EVALUATION AND RECOMMENDATION The Viewers reviewed the request to discontinue, close and abandon a portion of Newtown Road, adjacent to 732 through 746 Newtown Road and 5;173 Rock Creek Lane and found that it would not present any inconvenience to the public. This is a portion of Newtown Road remaining from a past roadway improvement project that serves only the five addresses listed on the request. The closed portion of the roadway will be incorporated into a multi-family development proposed on the properties adjacent to the roadway. The applicant has worked diligently witlh staff to accumulate adjacent properties and request the street closure to insure an integrated project. Staff therefore recommends approval of this request subject to the conditions below. BREATHWAITE PLACE, L.L.C. -STREET CLOSURE Agenda Item 3 Page 2 CONDITIONS 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicant shall re-subdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The applicant shall provide easements for any City utilities within the right of way closure area subject to the approval of the Public Utilities department. 4. The applicant shall provide easements for any private utilities within the right-of-way proposed for closure area subject to the approval of the private utilities companies. 5. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. NOTE: Further conditions maybe required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. BREATHWAITE PLACE, L.L.C. -STREET CLOSURE Agenda Item 3 Page 3 AERIAL OF SITE LOCATION BREATHWAITE PLACE, L.L.C. -STREET CLOSURE Agenda Item 3 Page 4 1. TNIS EXHIBIT OoES A,FpO I NOT CONSTITUTE A 6 \ BOUNDARY OF LAND. 63+19,26 2. THIS EXHIBIT WAS ~-T--•- /~ CREATED WITHOUT THE 165.96 RT BENEFIT OF A TITLE ~I I I j REPORT. t I 3. THE PURPOSE OF THIS EXHIBIT IS TO CLOSE A ', '~~~ ~ ,3~ PORTION OF SHURNEY LANE ~ ~ ~.-I I /NEWTOWN ROAD AND 63~~- ~I I TO ACCOMPANY THE DEED. ? ~ ~ /" It ~ ~,$ ~ ' ~ ~~ a •~ c~~ ~ ~ ~ ~~'~~ ~ ~~ 6200 9 `. ~ ' / ~y YYY ~y~~q, 7A~~,'t~ ~~ ~ f Z r 'SS~n,~,6s NC`,~~ ~ ~~ ~ tr •~~ ', r CURVE TABLE CURVE RADIUS LENGTH ANGENT Ct 640.00 184.76 82.84 CHORD BEARING 00.TA 164.31 N 33'24'S7° E 14'45'00' i O I i e ' ~ ` ~ I j I 1 ~i 00 80 i DENOTES PORTION OF '' ~ ~` /~ SHURNEY LANE/ ~ , NEWTOWN ROAD ~ j TO BE CLOSED AREA . iS,490 SF Q, ' ' OR 0.356 AC f ~ BASEZ/NE TAKEN FRAM ~ J V.O.O. T. PLANS FGW II NEWTOANV ROAD PNA.SE--- ----1 u R~ R=871.44' y~y ANR~~ L~8.53' \ N 73'00'43" E ~' ~~~ 3 FsF 22.67' ~ t JCURTIS BREATHWAITE NI a ~ ;) (OB 444, PC 471) GI a O LOT B .- ~ .+ (MB 231, PG 2g)go a f) GPIN lase-4z-152.93' IN~f) ' 158.90' 0.05' R7 P 75_00' N 58'08'44' W 333.90' DEAN A: MILDREO ELAINE BREATHWAITE {WB 74, PG 965) PARCEL X (M8 173, PG 32) GPIN 1468-42-4432 N 57'08'01' w 3'6.20 ~ JAMES INEZ do SYLVIA A. NANCE. ET AL PINPFN(f) PARCE ~ Y~(MB 5~17'G71 ~)) _ GPIN 1468-42-4315 ~4' RT53'46'33" W 298 74' 0/A 'D DWAYNE E. MUMfORp, ET AL c (WB 86, PG 1669) PARGEL Z PIN(FQIN~f) GPNB1468-42-3287 _ 14_ 7.0'_ / w S S I'28'41 ° E - ~- ir~ yj JAMES INEZ dt SYLVIA n A. NANCE, ET Al ' ~N REMAINING2PARTGOfO7RACT 2 10. (MB 173. PG 32) CPIN 1468-42- .132 N SAbi'47~ ~- ~1 2F7.7g' N G7~//NEYE' GYM/MUN/TY CVL 1UR,11 GYUB, /NC. (oe 2?2~ Pc soe~ PARLl~L Ax d PARCEL X (ALB 9~ PC ?9f (ALB 45, PC 55~ ~AIB l9,~ PC 7BJ GP/N I~6B-I2-?09~ 1-B, SiYEF75 77-?0, 59$00 i plm OAIFO 6-07--1985 ~, 59+31.53 ~~~~.Tl'i Op `' 47.14' RT ~ ~~ / REY ~ i f Il 58~ / (,MHO SURGE{o¢ EXHIBIT A SHEEI' 1 OF 1 MS%~- P~C• PLAT SHOWING •~SC~ ARCHITECTU~tE PORTION OF 5033 ~~ DR1yE, ylRplgA BEACH. VA 2, SHURNEY LANE/NEWTOWN ROAD 757-490-9264 (OFC) 757-490-'0634 (F TO BE CLOSED "''niooili~'C0T PROJ. NO.: 09037 DRAWN: KCR VIRGINIA BEACH VIRGINIA DATE: 1-25-2010 SCALE: 1" a 60' SURVEY OF AREA TO BE CLOSED BREATHWAITE PLACE, L.L.C. -STREET CLOSURE Agenda Item 3 Page 5 .._ ~-'a Qt~ n+ ~ 4) ++ ~ '~'s ~ d S~ N ~R ~ V q °C u ns m ~ al .~ u~1z~ '`' . ~ •~~ (i•~rr off. =v' ~~ u ~ t.`~ ~I V ^V ~ Y J ~ t! x { ti ,,~ t~': Q 1 ~. ! !~!ii Qiuu ~~i ~~o cur m a ~~ ••;;:;r: oo:ioori ~' ~' Y7 :' !r' O O ~; 0 _ ' M1 14 ) Y ~, 'a a r 9 - ~vnS ~ 1 E ~ ~u __....... ~j"•f Goa o~i'f~ .I' fi~G.~ t%~~'~ ~i Wt J . r-~ y y ~~ a~~G i•~~i ~ -. d ~ 9rt i 4 ,'t ili. - I 1 ~ .;,, x f r +~ .. r1 v !,I {{ U ., )) i'l ~ tl ' ;{ W d rr~~l1 ~./~ r ;a U i (Y' ~ ~ f r - r..~.._ u ;~6 u '' -- ~ I~1 ~ ~ .. 1 _~ ~- ~~ ' ~-= ; ~ PROPOSED DEVELOPMENT ADJACENT TO AREA OF CLOSURE BREATHWAITE PLACE, L.L.C. -STREET CLOSURE Agenda Item 3 Page 6 {`f X sl ~~~" i- ~~ ~ r ''-i__. ' iG _ ~-f ~,~` M i r :... _ l~1aP C-~ Rrn~*h~x~•aitn pl~ra T .T .r MBA NOi iO J~CBIB spa vaa ~aa •r rsasv s a~.svvf ~.~.+ ~ ~ ~ ~ ; (~n •o~ s ~ ~ w and ^ \ prin ~ 1. JJww f ~ ii) 1jr v }C~y ~ , • , V ' ~ ~ .. ~~ ~ ,` o ,..1;•p ~ rid` •.~~ ? / : ~ / ~ ~.,~<.~.• ~~~ ~ 'rte ~w _ </ .~ ~ i / ~q '~' ~ ~ M,, ~~ ~ r ~s ~ / ~ning with Recorded Conditbns/P~of7ers Street Closure # DATE DESCRIPTION ACTION 1 11/09!99 Zonin Chan a R-7.5 to Conditional B-1 Granted 2 06/27/06 Conditional Use Permit Church Granted 3 01/25/05 Zonin Chan a R-10 to Conditional A-12 Granted 4 04/08/08 Zonin Chan a R-10 to Conditional A-12 Granted 5 06/14/05 Zonin Chan a R-10 ~ A-12 to Conditional A-12 Granted ZONING HISTORY BREATHWAITE PLACE, L.L.C. -STREET CLOSURE Agenda Item 3 Page 7 z 0 a iii O a V H w H cn DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Member Place, L.L.C.: Francis H. Cohan, Managing Member; Robert W. Horton, 2. List all businesses that have aparent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list i/necessary) O Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Curtis Breathwaite, Mildred Elaine Breathwaite Oeans, Inez James, Sylvia A. Nance, Betty Jean Gadson, Linda Vemon, Patricia E. Williams. Dwayne E. Mumford, Lillian M. Helm alk/a Lillian M. Melvin, Judy M. Rainey and Karen Mumford 2. list all businesses that have aparent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) O Check here ff the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. b See next page for footnotes 31ree! Cbsuro Appllcetion PeBe 12 of 13 Revised 8/1!2004 DISCLOSURE STATEMENT BREATHWAITE PLACE, L.L.C. -STREET CLOSURE Agenda Item 3 Page 8 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) Bourdon, Ahem & Levy, P.C. P.C. "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 Govemment Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. z 0 V a a~ ~ 4rs ~_. D O a V CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of not cation (postcard) that the application has been scheduled for public hearing, 1 am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled pubic-taoacjng according to the instructions in this package. ~w~ ~~- Print Name *n-j Property Owners Signature (if different than applicant) Print Name Street Cbcuro Application Page 1301 13 Revised 9/1!2004 H w N DISCLOSURE STATEMENT BREATHWAITE PLACE, L.L.C. -STREET CLOSURE Agenda Item 3 Page 9 Items 3 & 4 Breathwaite Place, L.L.C. Discontinuance:, closure and abandonment of a portion of Shurney Lane Change of Zoning District Classification 732-746 Newtown Road and 5573 Rock Creek Lane District 2 Kempsville April 14, 2010 CONSENT Jay Bernal: Th.e matter is agenda items 3 and 4. This is an application of Breathwaite Place, L.L.C. for the dliscontinuance, closure and abandonment of a portion of Shurney Lane (Newtown Road) adjacent to 732-746 Newtown Road, and 5573 Rock Creek Lane, and an application of Breathwaite Place, L.L.C for a Change of Zoning District Classification from R-7.5 Residential District to Conditional A-18 Apartment District on property located at 732-746 Newtown Road, and 5573 Rock Creek Lane, District 2, Kempsville. Eddie Bourdon., Thank you Mr. Bernas. Chairman Strange, for the record, my name is Eddie Bourdon, a Virginia Beach attorney representing the applicants, who are here, as well as the members of the families that own all this property. We greatly appreciate these items being placed on the consent agenda. I want to thank City staff, specifically Faith Christie and the folks in the Traffic department for all of their work. We have been working on this about nine months. All the conditions that are listed on item 3 are acceptable, and item 4 is proffered. Thank you. Jay Bernas: Thank you. Is there any opposition to these matters being placed on the consent agenda? Hearing none, the Chairman has asked Commissioner Redmond to please review this item. David Redmonci:~ Thank you Mr. Bernal. The applicant, Breathwaite Place, L.L.C., requests a Conditional Change of Zoning of the existing properties, zoned R-7.5 Residential, to Conditional A-18 Apartment for the purpose of developing 45 townhome-style dwellings. The proposed density of the property is 12 units to the acre, which is consistent with other multi-family developments ire the area. This corridor has portions that have not always enjoyed the greatest fortune. In recent years, there has been a fair amount of investment in this corridor. This is a well designed project. It has a significant open space feature. Staff is unaware of any opposition to the project. Staff supports the project, and the Commission concurs by consent. Thank you. Jay Bernas: Thank you Commissioner Redmond. I will make a motion to approve agenda items 3&4. Joseph Strange: A motion made by Mr. Bernas. Do I have a second? Kathy Katsias: Second. Items 3 & 4 Breathwaite Place, L.L.C. Page 2 Joseph Strange: A second by Ms. Katsias. We are now ready to vote. Ronald Ripley: Mr. Chairman, I probably should abstain from items 3 & 4. I do own property across the street from this project as well. Joseph Strange: Okay. AYE 10 NAY 0 ABS 1 ABSENT U ANDERSON AYE BERNAS AYE FELTON AYE HENLEY AYE HORSLEY AYE KATSIAS AYE LIVAS AYE REDMOND AYE RIPLEY ABS RUSSO AYE STRANGE AYE Ed Weeden: By a vote of 10-0, with the abstention so noted, the Board has approved items 3 & 4 for consent. Gn 3$ O ~~ ~~E Cosh C ~ _ VI C V ~ ~= e aye w ¢ K {+1 uy ;y w 1 p q ~ 'C n Z~ W U~ mQ ~+ 9i ~ ~~ m~ ~ b ~ n m ~~ s ~~ ~'om G _ ~~~{{{ _ c u " u vac cOvc < p 9W ~~=`~ ~ y ~ ~G ~P Qatgt. ~~Ev u~7 rb v°i ~ 3 u ~s8~ Q W ~~ ~~.E a ~o N y N N ~~~b O n inpp F r ,, ~, ~ woo iE z ~ ~ a oww ~~ O uwi N N vaa a a d ~mN ~° ~ N O o o xww c ~ w a a a I00 ~~ ~~~ ~v_mN~cvm ~ ~~ u,vvmnmry ~ v.ovamv.o ~vvvvvvv ~ ..App ~O ~O ~a~pp~ajA~O O Q Y77'C~YV O N W \ Q N u z ~ ~~ NH ~~ O ~ Z Q~ O ~ W V cd .~ /1 J ~{,~ Y Q ~ U 7 ~ ~~ V j 3 °~ ~s o +~ 3c~=m ~~o~ L U m Z J< W LL ~_ O Q Z 0 Q w J W N K Q`j}~ N Q~z NN J o~pW WON~~ wp ~~~ ~o°o~ ~~~1W~1~ N- K J J~ F z~d~ QZ~XU _ W OFOp~ ~u~LLaF7~2 ~ ~ Q ~ Q LL J ~ ~Q W O W p 1 APPLICATION OF BREATHWAITE PLACE, L.L.C. 2 FOR THE CLOSURE OF A PORTION OF 3 NEWTOWN ROAD ADJACENT TO 732-746 4 NEWTOWN ROAD AND 5573 ROCK CREEK LANE 5 6 7 8 WHEREAS, Breathwaite Place, L.L.C. (the "Applicant") applied to the 9 Council of the City of Virginia Beach, Virginia, to have the hereinafter described right-of- 10 way discontinued, closed, and vacated; and 11 12 WHEREAS, it is the judgment of the Council that said right-of-way be 13 discontinued, closed, and vacated, subject to certain conditions having been met on or 14 before one (1) year from City Council's adoption of this Ordinance; 15 16 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of 17 Virginia Beach, Virginia: 18 19 20 SECTION I 21 22 That the hereinafter described right-of-way be discontinued, closed and 23 vacated, subject to certain conditions being met on or before one (1) year from City 24 Council's adoption of this ordinance: 25 26 27 All that certain piece or parcel of land situate, lying and being 28 in the City of Virginia Beach, Virginia, designated and 29 described as "PORTION OF SHURNEY LANE/NEWTOWN 30 ROAD TO BE CLOSED AREA = 15,490 SF OR 0.356 AC" 31 shown as the hatched area on that certain plat entitled: 32 "EXHIBIT A PLAT SHOWING PORTION OF SHURNEY 33 LANE/NEWTOWN ROAD TO BE CLOSED", Scale: 1"=60', 34 dated January 25, 2010, prepared by MSA, P.C., a copy of 35 which is attached hereto as Exhibit A. 36 37 38 39 40 41 42 43 GPIN'S: 1468-42-4560-0000, 1468-42-4432-0000, 1468-42-4315-0000, 1468-42-3287- 44 0000 and 1468-42-4132-0000 i 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 SECTION II The following conditions must be met on or before one (1) year from City Council's adoption of this ordinance: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be deterrnined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of said policy are available ini the Planning Department. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcel. The resubdivision plat must be submitted and approved for recordation prior to final street closure approval. 3. The applicant shall provide easements for any City utilities located within the right-of-way closure area subject to the approval of the Department of Public Utilities and/or Department of Public Works and the City Attorney's Office, which easements shall include a reasonable right of ingress and egress. 4. The applicant shall provide easements for any private utilities located within the right-of-way proposed for closure, subject to the approval of the appropriate private utility companies. 5. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within one (1) year of approval by City Council. If .all conditions notE:d above are not in compliance and the final plat is not approved within one (1) year of the City Council vote to close the street, this approval will be considered null and void. SECTION III 1. If the preceding conditions are not fulfilled on or before May 24, 2011, this Ordinance will be deemed null and void without further action by the City Council. 2. If all conditions are met on or before May 24, 2011, the date of final closure is the clate the street closure ordinance is recorded by the City Attorney. 3. In the event the City of Virginia Beach has any interest in the underlying fee, the City Manager or his designee is authorized to execute whatever documents, if any, that may be requested to convey such interest, provided said documents are approved by the City Attorney's Office. a gg SECTION IV 90 91 A certified copy of this Ordinance shall be filed in the Clerk's Office of the 92 Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY 93 OF VIRGINIA BEACH as "Grantor" and BREATHWAITE PLACE, L.L.C., as "Grantee." 94 95 Adopted by the Council of the City of Virginia Beach, Virginia, on the 96 day of , 2010. THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE-FOURTHS OF ALL COUNCIL MEMBERS ELECTED TO COUNCIL. CA11227 R-1 May 12, 2010 APPROVED AS TO CONTENT: Planning Qepartment APPROVED AS TO LEGAL SUFFICIENCY: ~~Gcc~ ~ . Lucia G. Whitlow, Associate City Attorney 3 EXHIBIT "A" N TES: 1. THIS EXHI~:IT DUES NOT CONSTITi~TE A BOUNDARY OF !AND. 2. IRIS EXHIcIIT WAS CREATED l'd~'rTi~JL!T THE BENEFIT O= A. TITLE REPORT. 3. THE PU?P(;SE DF T, EY.NIBi T IS TO CLOSE PORTION OF SHURNEY /NEWTOVdN Rt)AD AND TO ACCOMPANY THE D F~~ O+D 1 ~~~t -, C ~ Z l ~ ~ ~~ ~~ ~' ~ ~ ~~~ ^i ~ ~ 1 , 1 ~ r- 63+19 20 1 ~ '.65.96' RT ! i - ~1~~;' 1 ,"~ I J ~' C~ ~ I i. LANE ,~', ~ y ~ j {i EEO. ^' c~'„ '~ ~+~ t ~ ~~Z m~ `~o 'y 'gy' ~ ~oa~o~= ~ ~ ny 62.00 ~- ca, w ~~ ~. p r ti a p ~ .f, :~.y 9 ~ ~~~ ~ ' ~ , ~ it ~ ~ .L Ct ~ ~ ti~ '~ `~~,s, ~ ~ p - w ~~~, o 'l, fi 9,L ~`~ ~" ~ bti d ~ . O ~ a ~ `~ X61-1r,-DD CURVE TABLE CURVE RADIUS LENGTH TANGENT C1 640.00 i 64, 76 82.84 CHORD EIEARIraG DELTA 154.31 N 33'24'57" E 14'4S'OO" RQL'~C CRtr~ ~..L I ~c~Rl.!cRL Y CLASS Y ~~o rA!:3 21111 F) P~ 4, 8~ ~ 6 . ol~ S E i'4 58'31; ,.''•' ,~" ~` - z~ ~~ ~ ~V ~ J ' ~ I ... , ~ a C I 1 ~ I 1 h{ tD .~ h a ~ 60-I-CO y ~ t C1 ,s.i ~ J~ DENOTES PORTION fl SHURNEY ANE F - ° • / L f ~ o , i ,~ / % NEWTOWN ROAD I1 , ~° TO BE CLOSED ~ ,~ • AREA = 15,4.90 SF i 'Q, OR {1.356 AC `Q~°, ~ I 1 ati.sturra TAKEN ~i GTM ~ ( 1 r I.D.O. T. PL.4N5 FCR N:~ WTOl~~V r?C~AD Pf:+ASE ~ II 1-a, .iHEEiS li-2C~ 59±DO '~ DA TFD s-.~~ r oas - / f ~~~,~pyT~i p~, ~ ley ~~ ~ ~ ~ ~r~ _ ~_ ~ - 7.-G? t C:a r.r" ~rL) S L P: J ~~~ t ~ l/ ! // T~ ! r. CC ' /-/~ ,/ J~T t"T N/F 9 CH/NESS COMMLfN/i Y CUL TURAL CLUB; /NL (L7:9 222f,? PG 3Caj PAR, CEL .fix & P.~RCc~ X (tea 94 Pc 29~ ('ti%9 45, :-c as., r'~a rss, Pc ~a~ GP/!V r4SB-92-2c29,i .~ 13'_'.93 ,Ir•.i`,~ ~ rd 73'OO'43" E r _ .~~ ~ .,," ©~il~,~r 22.07' i~ ~ Q; ~ CURTIS $RE.AT'riV,'A! 1r, n ~ cv r ~ (D3 444, PG 471) ~ ~ ~' '~ ~I~~f1 L~JT B ~~ ~ ~ ~ (MB 231, PG 2) GP1N 1466-42-4 2Q 3' ~~ 'F~ ~~I~~F7 158.90" 0.03' R r 1 ~IN~75.00' N 5p'O8'44° W 333.90' -- ?, DEAN & h11LDRED ELAINE BREP,TrIWAITE ~ {WB 74, PG 566) '• "' PARCEL X rs ~ (MB 173, PG 32) GP1N 1468-42-4432 N 57'08'01" W 3:6.2O o JAMEB INEZ & SYLVIA A. NANCE, • ~_ ET AL / ~ItJ~~rj~f) PARC ~ Y,0(Mg ~'017~G1 2) ~ _ GPIN 1468- 42-4~ 15 ~~-- 4.35" N 53' fi3 Yv' -~- ' - 0.54' P,T 29E.74' O/A ~' DWAYNE E. MUMFORD, ET AL ~ {WB $5, PG 1669) PARCEL 2 {~) ' (~ ~ ~B ~, ; ~iIJ ~1N I 1468-42-3287 G f 28.92' ~ / ; ~' S 51 28'4 ` ------ " ; ,~ ~~ ~ ` to ~ E 1 JAMES INEZ & SYLVIA ' ~r f ~;; r~ A. NANCE, ET AL ~" ~ ~ {DB 2325, PG 1017) ~ ~ f ~ REMAINING PART OF' TRP.C7 ~~ ~ S~' z 10, (ME! 173, PG 32) ' GPIN 146$-42-4132 ~II.jIFi N 50'C1'a7.""~~_a7,_4 2~7 j`_"' 59+31.53 47.;4' RT E~:HIBIT A PLAT S~Oih"h~G PC~R T ION OF Sh!,=PNEY LP.PJE/~~EWTn~'J~JN P,OA~ TO BE CLJSEG )MAN RG,AD)' L- 8. ~.3' 23,* P~ ?~ ..~ Iv(~(r; X1.2^' ~"I SHEE i' 1 OF 1 MS.4. P_C; ENVIRONMENTAL SCIENCES • GECSCIENCES PLktdNING SURVEI1NG ~ENG!PIEERING LANDSCAPE ARCHITECTURE 5033 ROUSE DRI~c, VIRGINIP. BEAD; i, VA 2:,45: ?57-490-9264 (Of C} ?5?-49'0634 (EAY•1 www.msoonline.com PROJ. Iv 0.: 09037 DRAWN: KCR ni~P `'-s Breath«~aite Place. LLC Map Nof tc Scale ii _ _~ ~.~~1_--~~ ~ _ ~~ ~ ~ ~ -,' 11' ~. ~ 1 y, ,~ll~wnii * M7 ~* _ ~ Q -- 4 ti~ ~~~ 1~ ;r _ _~ ~ ~~ ~ _ J VV :/ k`- - G~ ,yyy '~.~ ~~ ~ ~,~~c ,;/~, ~ ~ ~ ~~~ r ~ Cat f ~~~. r / i -.. ~~ ~~ ~ ~%.~ ,~ ~ ~`~~ 6 ~ * ~ ~ 2 ,,~,./ ~ ~~. ~ 5 ~Y R7.5 ,~ ~ ~_ o ,. 'ZoaingwkhCondkioruiProlhrs CondltionalZoning Change from R7.5 fo A24 ~"'``~ _; ~~~~ ~:- CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: BREATHWAITE PLACE, L.L.C.,Chan~te of Zoning, R-7.5 Residential District to Conditional A-18 Apartment District, 732-746 Newtown Road and 5573 Rock Creek Lane. BAYSIDE DISTRICT MEETING DATE: May 25, 2010 ^ Background: The applicant requests a Conditional Change of Zoning of five parcels and portion of a sixth from R-7.5 Residential District to Conditional A-18 Apartment District for the purpose of developing 45 townhome-style dwellings. The parcels proposed for this zoning change are currently used for single-family dwellings or are undeveloped. The proposed development site also includes an older portion of Newtown Road located in front of these parcels, which is being requested for closure by the applicant through a separate application. The Comprehensive Plan designates this site as being within the Suburban Area. The General Planning Principles for the Suburban Area include preservation of neighborhood quality, creation, and protection of open spaces, and enhancing suburban mobility. The Plan encourages the consolidation of parcels such as these for the purpose of generating larger sites for redevelopment that provide the opportunity for creativity in site design. ^ Considerations: The submitted site development plan depicts 45 townhome-style dwellings situated on the site in groups of three to six units. The proposed dwellings are staggered in their placement on the site so that no group of units presents a straight front. The units are also situated so that all units have a view of open space areas being provided on the site. The proposed dwellings are placed no closer than 30 feet to the right-of--way and 15 feet to adjacent properties. The townhomes vary in heights of two and three stories and are of traditional architectural design. Building materials include architectural-grade roofing, faux shake siding, and lap vinyl siding. The windows are vinyl and deck railings are wrapped in vinyl. Each dwelling has a garage and two parking spaces. The applicant has taken care to ensure that a minimum of 50 percent open space is provided on the site in the form of increased setbacks, a common area, and a stormwater management facility that will be functional as well as a decorative amenity. Category I landscaping is proposed around the side and rear of the site, Breathwaite Place, LLC. providing a buffer between the proposed development and the existing single-family dwellings located to the north and east of the site. The proposal is compatible with the adjacent residential neighborhood as well as the business areas. The proposed exterior building materials reflect the exterior materials used on the homes within the residential neighborhood adjacent to this property. 1'he applicant and staff have been working on this project since August 2009. Originally, the applicant submitted a much denser project on less land area. Staff suggested the applicant work with adjacent property owners to assemble more land and pursue a street closure of an old portion of Newtown Road remaining from a past roadway improvement project. The applicant, therefore, accumulated additional land area and applied for the street closure, which increased the development area from 3.03 acres to 3.80 acres. This also resulted in a decrease in the proposed density from 14.20 units to the acre to 11.83 units to the acre, which is a density consistent with other properties in the area with an Apartment zoning designation. There was no opposition to the request. ^ Recommendations: The Planniing Commission placed this item on the Consent Agenda, passing a motion by .a recorded vote of 10-0 with 1 abstention, to recommend approval of this request to the City Council as proffered. ^ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Dep~artment/Agency: Planning Department City Managers S ~ , ~~ ,~a°P,`~,`a~ Breath~ti~aite Place, LLC ~,.; t' a - .... _ ,~ r ~ t '! * ~ i .R7~ , ~~ .^ f / / f \ •~. r B2 ~ 7 ~ ~ ~> \. <~ ~ ~~;~ R7.5 1 ,R7. ' `~~~ • zw.,.r c..rc.~n,.r. J~ CondlHonal2onln0 Change !mm R7.5 ro All 4 April 14, 2010 Public Hearing APPLICANT: BREATHWAITE PLACE, L.L.C. PROPERTY OWNERS: CURTIS BREATHWAITE, MILDRED E. B. DEANS, INEZ JAMES, SYLVIA A. NANCE, BETTY J. GADSON, LINDA VERNON, PATRICIA E. WILLIAMS, DWAYNE E. MUMFORD, LILLIAN M. HELM AIK/A LILLIAN M. MELVIN, JUDY RAINEY, KAREN MUMFORD, AARON L. RAINEY AND BEVERLY B. RAINEY STAFF PLANNER: Faith Christie REQUEST: Conditional Change of Zoning (R-7.5 Residential to A-18 Apartment) ADDRESS /DESCRIPTION: 732 - 746 Newtown Road and 5573 Rock Creek Lane and a closed portion of Newtown Road GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14684245600000; KEMPSVILLE 3.803 ACRES Less than 65 d6 DNL 14684244320000; 14684243150000; 14684232870000; 14684241320000; part of14684261250000 SUMMARY OF REQUEST The applicant requests a Conditional Change of Zoning of the existing properties, zoned R-7.5 Residential, to Conditional A-18 Apartment for the purpose of developing 45 townhome-style dwellings. The proposed density of the project is 12 units to the acre, which is consistent with other multi-family developments in the area. The applicant is requesting the A-18 Apartment zoning in order to accommodate the proposed 50 percent lot coverage. The lot coverage includes the proposed structures, parking, and drive aisles on the site. The submitted site development plan depicts 45 townhome-style dwellings situated on the site in groups of three to six units. The proposed dwellings are staggered in their placement on the site so that no group ,.: of units pres~snts a straight front. The units are also situated so that all units have a view of open space areas on the site. The proposed dwellings are placed no closer than 30 feet to the right-of-way and 15 feet to adjac~ant properties. The townhomes vary in heights of two and three stories and are of traditional architectural design. Building materials include architectural-grade roofing, faux shake siding, and lap vinyl siding. 'The windows are vinyl and deck railings are wrapped in vinyl. Each dwelling has a garage and two parking spaces. The applicant has taken care to ensure that a minimum of 50 percent open space is provided on the site in the form of increased setbacks, a common area, and a stormwater management facility that will be functional as well as a decorative amenity. Category I landscaping is proposed around the side and rear of the site, providing a buffer between the proposed development and the existing single-family dwellings located to the north and east of the site. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Four single-family dwellings are currently located on the five lots and portion of one lot that make up the site. The site is zoned R-7.5 Residential SURROUNDING LAND North: Single-family dwellings / R-7.5 Residential USE AND ZANING: Rock Creek Lane • Across Rock Creek Lane are office uses / B-2 Business South: Chinese Cultural Center / B-1 Business East: Single-family dwellings / R-7.5 Residential West: Newtown Road • Across Newtown Road is vacant property / B-2 Business NATURAL RESOURCE AND There are no known significant natural resources or cultural features CULTURAL FEATURES: associated with these properties. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) /CAPITAL IMPROVEMENT PROGRAM ICIP): Newtown Road from Diamond Springs Road to Sullivan Boulevard is a two-lane undivided collector and local street. The Master Transportation Plan proposes a roadway with bikeway within a 100-foot wide right of way. Currently, this segment of roadway is functioning near capacity at a LOS D. Newtown Road from Baker Road to Diamond Springs Road is a four-lane divided minor suburban arterial. The Master Transportation Plan proposes a divided roadway with bikeway within a 150-foot wide right of way. Currently, this segment of roadway is functioning near capacity at a LOS D. Rock Creek lane is a two-lane undivided collector and local street. TRAFFIC: Street Name present Volume present Capacity Generated Traffic Newtown Road 29,427 ADT 30,600 ADT Existing Land Use -107 ADT Proposed Land Use 3- 252 ADT (19 Morning Peak Hour / 22 Afternoon Peak Hour Average Daily Trips s as defined by 3.03 acres of R-7.5 zoning ' as defined b 45 townhomes WATER: This site must connect to City water. There are several existing meters, one of which may be used to accommodate the proposed development. There is an eight-inch City water main along Rock Creek Lane, and a 12-inch City water main along Newtown Road. SEWER: This site is connected to City sanitary sewer. Pump Station #344, the receiving pump station for the site has capacity issues and may require a system modification. An engineering hydraulic analysis of Pump Station #344 will be required to ensure future flows can be accommodated. There is a 10-inch City sanitary sewer main along Rock Creek Lane and an eight-inch City sanitary sewer gravity main along Newtown Road. There is a 48-inch Hampton Roads Sanitary District (HRSD) force main along Newtown Road. FIRE: The minimum width at the entrance to the development must be 14 feet for each lane. The minimum width of the roadways must be 20 feet. Fire lanes will be required along all curbing throughout the project. There will be no on-street parking allowed. SCHOOLS: School Capacity Generation' Change s Enrollment Tri-Campus Elementary 1,365 1,482 5 2 Bayside Middle 1,005 1,088 3 1 Bayside High 1,999 1,760 3 0 "generation" represents the number of students that the development will add to the school s "change" represents the difference between generated students under the existing zoning and under the proposed zoning. The number can be ositive additional students or n alive fewer students . EVALUATION AND RECOMMENDATION The Comprehensive Plan designates this site as being within the Suburban Area. The General Planning Principles for the Suburban Area include preservation of neighborhood quality, creation and protection of open spaces, and connecting suburban mobility. The proposal is compatible with the adjacent residential neighborhood as well as the business areas. The exterior building materials used reflect the materials used within the residential neighborhood adjacent to this property. The applicant and staff have been -J .... BREATHWAI~E PLACE '• `Agenda I~ .:. i,' LC.. , > `, n4 Page 3 _;.. working on this project since August 2009. Originally, the applicant submitted a much denser project on less land area. Staff suggested the applicant work with adjacent property owners to assemble more land and to pursucs a street closure of an old portion of Newtown Road remaining from a past roadway improvement project. The applicant, therefore, accumulated additional land area and applied for the street closure, which increased the development area from 3.03 acres to 3.80 acres. This also resulted in a decrease in the proposed density from 14.20 units to the acre to 11.83 units to the acre, which is a density consistent with other properties in the area with an Apartment zoning designation. Staff recommends approval of the request to rezone the existing R-7.5 residential properties to Conditional f',-18 Apartment for the purpose of developing the site with 45 townhome style dwellings as proffered below. 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 'I: When the Property is developed, it shall be as a residential condominium, substantially in accordance with the "CONCE:PTUAL SITE LAYOUT OF BREATHWAITE PLACE NEWTOWN ROAD & ROCK CREEK LANE, VIRGINIA BEACH, VA", dated 07/10/09, prepared by MSA, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (the "Concept Plan"). PROFFER :': When the Property is developed, it will be bermed and landscaped substantially as depicted and described on the Concept Plan, with vehicular Ingress and Egress limited to one (1) entrance from Newtown Road as depicted on the Concept Plan. PROFFER ;t: The total nwmber of dwelling units permitted to be constructed on the Property shall not exceed forty-five (45). Each dwelling unit shall contain a minimum of 1,400 square feet of living area, and a one (1) car garage. PROFFER 44: The architectural design and exterior building materials of the residential buildings will be substantially as depicted anti described on the Concept Plan. PROFFER ;i: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. STAFF COMMENTS: The proffers listed above are acceptable as they dictate the level of qualify of the project and insure the site will be developed in a coordinated manner in terms of parking and landscaping. +.. . ". l BREATHWAI~'E PLACE, PLC ~, Agenda Item 4 Page 4 ,,.~ t .~' The City Attorney's Office has reviewed the proffer agreement dated July 31, 2009, 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 Certificate 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. , f BREATHWAITE PLACE,.LLC '. `Agenda Item 4 #?age 5 .~ k ,; AERIAL OF SITE LOCATION BREATHWAITE .PLACE; LLC agenda Item 4 . ...:..Page 6 ~~ - ~~~'® ,.y,, - ,. ~ ~F "7 1~ Z~ ~ ~~~ ~:~ . ,_ ~; ~ ; _c '`. >,Y ~i p~p;Y 6:! ~~a +A~Y k=~ E# -~- S - .(-~ ~_i_ ~ ~`t nr . ~ ~d n. ~ o ~~ ~= ~~~ °~ `> ~ ~ A 3 l'd e d ~ ~ ; m e c L m U ~ Z > ;" `~ -~ ~ ~= ` e3 S 8[t . :.. ~,. .~ a~ 'n ranwr wwe ~ ~~ ~yrf ..a .,.a .--_ _ . _~ ~ p~r~: ~ 1 ~~.- ~'~ ~ ~ ;~ '~ } F~xxL ~~ v ~~ p=;~< n ` §g 3i ~c ~~f~~ ~a~ ~~~~, ~~~ i ~~~' ~~ „ ~ ~ ~- ~.. ~; ~ ~ ~_ ~~ PROPOSED SITE PLAN BREATHWAITE PLACE, LLC Agenda Item 4 .Page 7 ~~_ s ~~<<<; ~~ ~ ; Y ~ R R ¢ ~ ` o ~ ~ ~~- - R ~ ~ y s s. :._ ~.5#~ a e tot y*~:~."~ ~~j'4 '' I yr < ~ R n ~~l{~~ u ~ ~ ~+~~ k, n 3 n l r'~4y r ~ ~ + d~+g~ j t~{f ~ }§$ ~ ~ ~ZZ' 1 1 J H. ~~i E ~~} ~ 3 P ll t41 ~ i# #. Q w ~i ~ y~u j ~ ~~~~ ~~~ ~2S m ~ ~ y~"<'`~ V YV ayY+ 1 SLI Q1 dfO Vy Vr.Sd ZV i'; 4a O 4 ~ '. yqy~~ ~~ ~ F pr n '. kl 0 ""R'~~w. ~``"`° EFL ~,.~ i __ ~~ r i ~~~ ~ ~tr-`.,cgr~. REAR 5'i'R~~T Et.~VAT~C3Ai ~~ "~ ~- _ ELE'yA"IOt~S ~'RGf>CJSEC' BY. t ~''d.~ ~ ~ Ati~~''RO'~/ICsED SYa "~' ~' ~OGRGSS. ~JG DG5 6t~f5 1~ ~;---~ _ r--~ 4 `'~ ~ i~.l: MATERiA~S Tt'X ~ $tSEDa ~~I yEhYL E}:7CRlOR R+4~:.3!~a ARGNITEGTURAI. htUOF~N6 5i,7L E~EYATION PROPOSED BUILDING ELEVA~tON BREATHWAIT`E PLACE, LLC Agenda JJ:em 4 fi Page $ FRONT F..i,EVATtptrl R~Rs#2 1:i.E `P:AT COh1 h~tah C-S la}. ",'o!,o~ca,+a BI•eatll~`" ante Place, LL _ Al g~f ~.,--:~ ~ * `,- "-, ,,~, ~* -* ., ~ .= ~M ,',, ~ f C - . ~~ rY~l RD ~., ~ ;~~~- _~-S ~. B2 3 l ~' ~ ~~ ` RRJ/~ ~S /j/jam'({~ ~.l i. _ l 1 "[ ~~ ,' "fem. ~„Y.c+cT , f` ,~;~'~ ~/ ~:4' ~: it f , ~J `/ ~ ~ ~ .\ ~ ~~~. \ I ~ / \ ~~ \ / ' .` ,~-~ `-, `_ R~.S ,7 ' ~ /~ mss,. `7 i~ ~ ` 'zuAFrgwit6cunaitions,Profhvs Condi#ional Zoning Change from R7.5 #o A24 # DATE DESCRIPTION ACTION 1 11/09/99 Zonin Chan a R-7.5 to Conditional B-1 Granted 2 06/27/06 Conditional Use Permit church Granted 3 01/25/05 Zonin Chan a R-10 to Conditional A-12 Granted 4 04/08/08 Zonin Chan a R-10 to Conditional A-12 Granted 5 06/14/05 Zonin Chan a R-10 & A-12 to Conditional A-12 Granted ZONING HISTORY BREATHWAITE PLACE, LLC Agenda Item 4 Page 9 DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or o#her unincorporated organization, complete the following: 1. Lis# the applicant name followed by the names of all officers, members, trustees, partners, a#c. below: (Attach fist if necessary} Member Place, L.L.C.: Francis N. Cohan, Managing Member; Robert Vtl. Horton, 2. List all businesses that have a paten#-subsidiary' or affiliated business entity relationship with the applicant; (Attach list if necessary) ~ Check here if the applicant is NOT a corporation, partnership, firm, business., or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. if the prod>erty owner is a corpora#ion, partnership, firm, business, or other unincorporated organiza#ion, complete the following: 1. List #h+. property owner name followed by the names of all officers, members, trus#ee:s, partners, etc. below: (Attach list if necessary) Curtis Bre:athwaite, Mildred Elain Breathwaite Deans, Inez James. Sylvia A. IUance, Betty Jean Gadson, Linda Vernon, Patricia E. Williams, Dwayne E. Mumfard, Lillian M. Helm a/kl,a Lillian M. Melvin, Judy M. Rainey and Karen D, Mumford 2. List all businesses that have aparent-subsidiary' or affilia#ed business entity2 relationship with the applicant: (Attach list if necessary} X Check here if the property owner is NOT a corporation, partnership, firm, business, or o#hE;r unincorporated organization. ~ `See rsexf page for fc+otno#es Cend'3sional Rezenirrg ~€n Page " af12 Reviset3 91112Qs1~! E--{ V F•--• a c~ 0 N 0 A 0 V BREATHWAITE PLACE, PLC Agenda Item 4 Page 1 Q z 0 c~ a~ z z 0 NW Obi ~-~ O F--~ A Z O V DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List ail known contractors or businesses that have ar will. provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary} Bourdon, Ahern & Levy, P.C. P,C. ' "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly ar indirectly owns shares possessing more than 50 percent of the voting power of another corporatian.~ See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means `"a relationship, other than parent-subsidiary relationship, that exists when (i} one business entity has a controlling ownership interest in the other business entity, {ii} a controlling owner in one entity is also a controlling owner in the other entity, or (iii} there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities," See State and Local Government Conflict of Interests Act, Va. Cade § 2.2-3101. CERTIFICATION: l certify that the information contained herein is true and accurate. ! understand that, upon receipt of notification (postcard} that the application has been scheduled for public hearing, l am responsible for obtaining and posting the required sign on the subject property at Fast 30 days prior to the scheduled public hearing according to the ins i~+ j~''this package. Breathwaite Pl ,~' ^"" :a-~a-~'µ" Francis H. Cohan, Managing NEemt3er 8y, Applican ' gnature' - Print game (See next page) property Owner`s Snature t~ d"€fferent than apgl+cant~ Print Dame CDnd~tona Rezavteng APp{scati~r Page '.2 a~ 12 Reu!sen g~~.$t~04 BREATHWAITE PLACE, LLC Agenda Item 4 Page 11 ~~ PEy_o~rrier's ~iga~+e~~ ~ ~ a. a#... .r :.. appittant) i~iMft IVigil#tL /`w l ~ _._ .~, r ~ jjtjrf`afl4 (7iY 114 ~i'{~~ ~ { w~w.__••~w i'f fia BREATHWAITE PLACE, LLC Agenda Item 4 Page 7 2 Items 3 & 4 Breathwaite Place, L.L.C. Discontinuance, closure and abandonment of a portion of Shurney Lane Change of Zoning District Classification 732-746 Newtown Road and 5573 Rock Creek Lane District 2 Kempsville April 14, 2010 CONSENT Jay Bernas: The matter is agenda items 3 and 4. This is an application of Breathwaite Place, L.L.C. for the discontinuance, closure and abandonment of a portion of Shurney Lane (Newtown Road) adjacent to 732-746 Newtown Road, and 5573 Rock Creek Lane, and an application of Breathwaite Place, L.L.C for a Change of Zoning District Classification from R-7.5 Residential District to Conditional A-18 Apartment District on property located at 732-746 Newtown Road, and 5573 Rock Creek Lane, District 2, Kempsville. Eddie Bourdon: Thank you Mr. Bernas. Chairman Strange, for the record, my name is Eddie Bourdon, a Virginia Beach attorney representing the applicants, who are here, as well as the members of the families that own all this property. We greatly appreciate these items being placed on the consent agenda. I want to thank City staff, specifically Faith Christie and the folks in the Traffic department for all of their work. We have been working on this about nine months. All the conditions that are listed on item 3 are acceptable, and item 4 is proffered. Thank you. Jay Bernas: Thank you. Is there any opposition to these matters being placed on the consent agenda? Hearing none, the Chairman has asked Commissioner Redmond to please review this item. David Redmond: Thank you Mr. Bernas. The applicant, Breathwaite Place, L.L.C., requests a Conditional Change of Zoning of the existing properties, zoned R-7.5 Residential, to Conditional A-18 Apartment for the purpose of developing 45 townhome-style dwellings. The proposed density of the property is 12 units to the acre, which is consistent with other multi-family developments in the area. This corridor has portions that have not always enjoyed the greatest fortune. In recent years, there has been a fair amount of investment in this corridor. This is a well designed project. It has a significant open space feature. Staff is unaware of any opposition to the project. Staff supports the project, and the Commission concurs by consent. Thank you. Jay Bernas: Thank you Commissioner Redmond. I will make a motion to approve agenda items 3&4. Joseph Strange: A motion made by Mr. Bernas. Do I have a second? Kathy Katsias: Second. Items 3 & 4 Breathwaite Place, L.L.C. Page 2 Joseph Strange: A second by Ms. Katsias. We are now ready to vote. Ronald Ripley: Mr. Chairman, I probably should abstain from items 3 & 4. I do own property across the street: from this project as well. Joseph Strange: Okay. AYE 10 NAY 0 ABS 1 ABSENT 0 ANDERSON AYE BERNAS AYE FELTON AYE HENLEY AYE HORSLEY AYE KATSIAS AYE LIVAS AYE REDMOND AYE RIPLEY ABS RUSSO AYE STRANGE AYE Ed Weeden: By a vote of 10-0, with the abstention so noted, the Board has approved items 3 & 4 for consent. CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-7579 TO: Mark D. Stiles ~~~ FROM. B. Kay Wilson DATE: May 13, 2010 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; Breathwaite Place, L.L.C. The above-referenced conditional zoning application is scheduled to be heard by the City Council on May 25, 2010. I have reviewed the subject proffer agreement, dated July 31, 2009 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: Kathleen Hassen ~ BREATHWAITE PLACE, L.L.C., a Virginia limited liability company CURTIS BREATHWAITE MILDRED ELAINE BREATHWAITE DEANS INEZ J.~IVIES, SYLVIA A. NANCE, BETTY JEAN GADSON and LINDA VERNON PATRICIA E. WILLIAMS, DWAYNE E. MUMFORD, LILLIAN M. HELM a/k/a LILLIAN M. MELVI:IV, JUDY M. RAINEY and KAREN D. MUMFORD AAROrf L. RAINEY and BEVERLY B. RAINEY, husband and wife TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY O:F VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia 'CHIS AGREEMENT, made this 31~ day of July, 2009, by and between BREATHWAITE PLACE, L.L.C., a Virginia limited liability company, Grantor, party of the first part; CURTIS BREATHWAITE, Grantor, party of the second part; MILDRED ELAINE BREATHWAITE DEANS, Grantor, party of the third part; INEZ JAMES, SYLVIA A. NANCE, BETTY JEAN GADSON and LINDA VERNON, Grantors, parries of the fourth part; PATRICIA E. WILLLAMS, DWAYNE E. MUMFORD, LILLIAN M. HELM a/k/a LILLIAN M. MELVI:~V, JUDY M. RAINEY and KAREN D. MUMFORD, Grantors, parties of the fifth part; AAROIS' L. RAINEY and BEVERLY B. RAINEY, husband and wife, parties of the sixth part; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia., Grantee, party of the seventh part. WI'TNESSETH: PREPARED BY: SYK£S. ~OURDON. t~41£RN & LEVY. P.C. bVHEREAS, the party of the second part is the owner of a certain parcel of property located in the Kempsville District of the City of Virginia Beach, Virginia, containing approximately 16,680 square feet designated as Parcel One in Exhibit "A" attached hereto and incorporated herein by this reference. Parcel One, along with the other pieces and parcels described herein and in Exhibit "A" are hereinafter collectively referred to as the "Property"; and GPIN: ~~468-42-4560 ~~468-42-4432 ~~468-42-4315 x.468-42-328 x.468-42-4132 x_468-42-6125 1 WHEREAS, the parry of the third part is the owner of a certain parcel of property located in the Kempsville District of the City of Virginia Beach, Virginia, containing approximately o.522 acres designated as Parcel Two in Exhibit "A" attached hereto and incorporated herein by this reference. Parcel Two, along with the other pieces and parcels described herein and in Exhibit "A" are hereinafter collectively referred to as the "Property"; and WHEREAS, the parties of the fourth part are the owners of a certain parcel of property located in the Kempsville District of the City of Virginia Beach, Virginia, containing approximately o.482 acres designated as Parcel Three in Exhibit "A" attached hereto and incorporated herein by this reference. Parcel Three, along with the other pieces and parcels described herein and in Exhibit "A" are hereinafter collectively referred to as the "Property"; and WHEREAS, the parties of the fifth part are the owners of a certain parcel of property located in the Kempsville District of the City of Virginia Beach, Virginia, containing approximately o.642 acres designated as Parcel Four in Exhibit "A" attached hereto and incorporated herein by this reference. Parcel Four, along with the other pieces and parcels described herein and in Exhibit "A" are hereinafter collectively referred to as the "Property"; and WHEREAS, the parties of the fourth part and the parties of the fifth part, together are the owners of a certain parcel of property located in the Kempsville District of the City of Virginia Beach, Virginia, containing approximately i.6i5 acres designated as Parcel Five in Exhibit "A" attached hereto and incorporated herein by this reference. Parcel Five, along with the other pieces and parcels described herein and in Exhibit "A" are hereinafter collectively referred to as the "Property"; and WHEREAS, the parties of the sixth part are the owners of a certain parcel of property located in the Kempsville District of the City of Virginia Beach, Virginia, containing approximately o.46 acres designated as Parcel Six in Exhibit "A" attached hereto and incorporated herein by this reference. Parcel Six, along with the other pieces and parcels described herein in Exhibit "A" are hereinafter collectively referred to as the "Property"; and WHEREAS, the party of the first part is the contract purchaser of the assembled PREPARED BY: property containing approximately 3.8 acres and has initiated a conditional amendment to • SYICES. BOURDON. ~ A[-[ERN & LEVY. P.C. the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee 2 so as to change the Zoning Classification of the Property from R-~.5 Residential District to Conditional A-18 Apartment District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for vario~is purposes through zoning and other land development legislation; and WHEREAS, the party of the first part acknowledges that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantor's rezoning application gives rise; and ti~HEREAS, the party of the first part has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the A-i8 Zoning District by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the party of the first part, for itself, its successors, personal representatives, assigns, grantee, and other successors in title or interest, voluntarily and without ~~ny requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid fro duo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantee, ,and other successors in interest or title: i. When the Property is developed, it shall be as a residential condominium, PREPARED BY: SYK£S. BOURDON. Rw^ tlll£RN & LEVY. P.C. substantially in accordance with the "CONCEPTUAL SITE LAYOUT OF BREATHWAITE PLACE NEWTOWN ROAD & ROCK CREEK LANE VIRGINIA BEACH, VA", dated o~/io/o~~, prepared by MSA, P.C., which has been exhibited to the Virginia Beach City Council rind is on file with the Virginia Beach Department of Planning (the "Concept Plan"). 3 2. When the Property is developed, it will be landscaped substantially as depicted and described on the Concept Plan, with vehicular Ingress and Egress limited to one (1} entrance from Newtown Road as depicted on the Concept Plan. 3. The total number of dwelling units permitted to be constructed on the Property shall not exceed forty-five (45). Each dwelling unit shall contain a minimum of i4oo square feet of living area, and a one (1) car garage. 4. The architectural design and exterior building materials of the residential buildings will be substantially as depicted and described on the Concept Plan. 5. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, i95o, as amended. Said. ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantor covenants and agrees that: (i) 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, PREPARED BY: including the authority (a) to order, in writing, that any noncompliance with such conditions SYKES. BOURDON, ' ~1~RN & L£VY. P.C. be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, 4 including mandatory or prohibitory injunction, abatement, damages, or other .:appropriate action, :>uit, or proceeding; 1:2) The failure to meet all conditions and restrictions shall constittite cause to deny the issuance of any of the required building or occupancy permits _'as may be appropriate; 1;3) If aggrieved by any decision of the Zoning Administrator, made oursi~ant to these provisions, the Grantor shall petition the governing body for the review the;-eof prior to instituting proceedings in court; and 1;4) The Zoning Map may show by an appropriate symbol on the map tl•.e existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions anay be made readily available and accessible for public inspection in the office of the %oning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office oaf the Circuit Court of the City of Virginia Beach, Virginia, and indexed in ';he name of the Grantor and the Grantee. PREPARED BY: SYKES. ROURDON. AN£I2N & LEVY. P.C. '~, 5 WITNESS the following signature and seal: Grantor: Breathwaite Place, L.L.C., a Virginia limited liability c Francis ~. Cohan, Managing Member STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this ~ day of August, 2009, by Francis H. Cohan, Managing Member of Breathwaite Place, L.L.C., a Virginia limited liability company, Grantor. Notary Pubji~'"""'~•., ~•~`~N H1LTje~',~,, My Commission Expires: ~`? 3 "" ~ P~BLtc ~: z Notary Registration No.: ~o~ ~ 7 = ; REG #361227 n ~MYCOMMISSION; • CZ ; EXPIRES • Zi ~. 05/31/13 ~ C~ PREPARED BY: SYKES. ~OURDON. Lim AIIIrItN & LEVY. Q.C. 6 WITNESS the following signature and seal: Grantor: '~ =>L..r~~~ r~ SEAL Curtis Breathwaite STATE OF /! ~~ ~ ( ~/ t CITY/C'OUNTY OR. ~ ! r ~ ~ / !c:, ~~ t' ti C ~. , to-wit: J ! 'The foregoing instrument was acknowledged before me this 1~~ day of August, ?009, by Curtis Breathwaite, Grantor. _.. Notary Public f My Commission Expire ~~` j ~ ~ °~ Notary Registration No.:~l - c! ~...~ PREPARED BY: SYKES. ~OURDON. ' AtIEPN & LEVY. P.C 7 WITNESS the following signature and seal: Grantor: C Mildred Elaine Breathwaite Deans STATE OF y ~/L , CITY/COUNTY OF ~ ,~; •, ~ , to-wit: ~: ~; -~- ;~. . :•. The foregoing instrument was acluiowIedged before me this c~ ~ day of August, 2009, by Mildred Elaine Breathwaite Deans, Grantor. W - C No Public - ` 1 ''~ Z~%I :1: My Commission Expires: `~~lf~ ~ ~ Notary Registration No. ,., :~ 177 _ ~_ ca~aw.MN~ of wp~+~a :»~»~ co+ lxpw~ Mar a~. z0~ ~ ~PyR~,E,P~.A~.RE7D BY: ~J~ ,I~i~t~~.r 2p50~ n R~~ T1t. 7'~,2C1~ UC LtM S. 1'.C , 'WITNESS the following signature and seal: Grantor: PREPARED BY: SYICES. BOURDON. tlRERN & LEVY. P.C. J STATE OF CITY/COUNTY , to-wit: The foregoing instrument was. acknowledged before me this 2009, b~y Inez James, Grantor. II• U _ day of August, '1 `~ i ~ / I''~F. ,~ Notary Public j ~-c a 1 My Commission Expires: Notary Registration No.: / 9 4 7 ~ a ~~. ,,~~ . ~:.8_~C ~ ••* ~ :;_~ ~~~a788 ~~ Mt.Jl.~~'SS~~N •~ - ~aa.r_S ~ ~ . O,y' • .. ~~ti. ~ALTN O a`~ ffffflfllMgf{N~~~`` ~~"••- 1'll~ -''''~ ~~ .. .... .• ~~ ~-•• S3tl~dX3 • ~:' NOISSIWWO~ 11Mi1 ': ~ ;• 881b6 t~ ' J3d ; ,~, ~1'I8f1d '~yy • • 1~dt11ON cnf ~''~.,,b~~yV 9 WITNESS the following signature and seal: Grantor: (SEAL) Sylvia Nance ~ . '6 PREPARED BY: SYKES. BOURDON, AIIERN & LEVY. P.C. STATE OF ~'u (~ CITY/COUNTY OF ~ ~ ~ ~ to-wit: The fcregoir~g rstrur.:ent ::-as aclcnoE~rlPdged l:efnra mo trie ~L t~a~' of August, •-2oo9;,by S,ylvi~ Nance, Grantor. ,~ ; ,•. MyCommission Expires: J~ f ~ ~ v ~ ~ Notary Registration No.: / .. i.% ' , ; t ~ ~ ~ ,~' ~ ~ Notary Public 10 WITNESS the following signature and seal: PREPARED BY: :: SYKES. EOURDON. • tlIIERN & LEVY. P.C Grantor: (SEAL) Jean Gadson ~%~ ~ STATE OF /~'_~ .r CITY/C;OUNTY OF , to-wit: rrL . C 1 r .r r~ of a ~e ~ V tii~ c~rC~ving instru~`nent way ac.~..oLCledbe,. b..•Or., _T:le tl:~.. _~ d._, of Allgll.St, N~~'~ C~~~~ ~. „t. ~~~ ~ Notary Public My Cornmission Expires: Notary Registration No.:_ ii WITNESS the following signature and seal: Gr tor: ,cam ;~L~~~~~" ~t~ (SEAL) Linda Vernon STATE OF ~ CITY/COUNTY OF ~./ , to-wit: -'~ The fore~oin i::strument was a:•l~-~owled~ed before me +.his __~1' ~w)' of August, b g e 2009, by_ Linda Vernon, GrarLto_s_= •- - wrnr~EC.Wwrw Ilewy PYMk . NAM d RNiiM . ~E~t,1w31, ~'" ~ ~ tau otarv Public ~tlr~NrllonrlNr~NMr. . PREPARED BY: SYKKS, BOURDON, AIIERN & LEVY, P.C. My Commission Expires: Notary Registration No.:, 12 PREPARED BY: SYKES. EOURDON. AIIEI2IV & LEVY. P.C 'WITNESS the following signature and seal: Grantor: l'~ , ~'~`;~ ~,.~, SEAL ~ ) Patrici .Williams pESOp~t~ r-aRp 2009, by Patricia'. Williams, Grantor. M, NOTARY PUEKJC COMMONWEALTH of vIRa1 MY COMMISSION EXPIRES JULY ~~ ~ COMIdfSS10N ~ 7106705 STATE OF CITY/COUNTY OF t l ~ r2 y : ,,< ~ .~ ~~ «~- , to-wit: 'The foregoing instrument was acknowledged before rte this 5/ day of August, ~~.~ ~ , Notary Public My Commission Expires: ~ ~ ~ `~ f / Notary Registration No.: °7 l ~ l~ 7 :.~ i3 ,201 WITNESS the following signature and seal: Grantor: (SEAL) `wayne E.~1VIumf d STATE OF ~u ~ jLLGV CITY/COUNTY O ~G ~ -~ ~ " ' to-wit: The foregoing instrument ~; as ac>r~ o~~~ledged before m e this / ~ dav_ of August. 2009, by Dwayne E. Mumford, Grantor. r , ~/L % , l~ ~ ~j Notary P~ lic My Commission Expires: '~ ~~ 1~ Notary Registration No.: w ~ - ~~~j isMlai~ PREPARED BY: • SYKES, BOURUON. ~IERN & LEVY, P.C. i4 `vVITNESS the following signature and seal: Grantor: .~.! ~ ~ . ~ ~ ~~~--~ SEAL ~ ) .L-~I ian M. Helm a /a Lillian M. Melvin STATE OF ~ ~ ~ l 1 ~%-- CITY/COUNTY OFD ~. ~`.i' `_~': y )c~C'. '~~~ , to-wit: 'the foregoing instrument was acknowledged before me this _~~ day of August, 2009, by Lillian M. Helm a/k/a Lillian M. Melvin, Grantor. ' ~~ ' Notary Public My Commission Expires: ~~ -~~ i .3 Notary Registration No.: `l a `l ~i'~7 t l PREPARED BY: SYICES. ~OURDON. A~I~RN & LEVY. P.C 15 WITNESS the following signature and seal: PREPARED BY: SYIC£S. $OURDON. • ?141£RN & LEVY, P.C. Grantor: ~( 1 ' ~1y1, w'L-~~~ (SEAL) ~~ J y M. Rainey c STATE OF ~ L CITY/COUNTY OF ` ~ . , to-wit: The foregoing instrument was acknowledged before me this 2009, by Judy M. Rainey, Grantor. y,__~ ~...~ My Commission Exgires:~ Notary Registration IVo.:_ ~~ ;~cl~y, of August, ,., . ;~. ,~` ~,~; =r~ ~ ~. ' ~ Lf ~ ~ f '.~ t ~ r, r ... . ~S ~+1. ~, i6 WITNESS the following signature and seal: Grantor: ~,~ ~ `tl (Gtr, o~ c~ csEAi.~ Karen D. Mumfor )1 ~ t STATE OF .~1./ i CJ CITY/C'OUNTY OF + to-wit: 'The for. egoing instrument was acknowledged before me this 1 ~ day of August, 2009, by Karen D.1`~'Iumrord, Granter. ~~ ~ ~a Notary blic My Commission Expires: '~ ~b ~~' Notary Registration No.: t7l ~ ~.f TH~-~NubMa~~ON d Mroaa~i~t PREPARED BY: SYYES. BOURDON. A~IERN & LEVY. P.C. i~ WITNESS the following signatures and seals: Grantors: ~ ~ (SEAL) Aaron L. Rainey ~'~ (sEAL) Bev ly B. Rainey STATE OF VIRGINIA I ~ - - CTTY/COUNTY OF ~ ~ ~Q(. ~~ to-wit: The foregoing instrument was acknowledged before me this Z'y ~ day of February, 2oio, by Aaron L. Rainey and Beverly B. Rainey, husband and wife, Grantors. (`~ Rn ~n otary Public My Commission Expires: y~~'~!-'1(~' i~`~ ~j ~ ; 2031 Z Notary Registration No.: `~S315 I ~`~~~`~~~r1N MCC ~~~si ~~ ~~- • ~ssidH~ rC',S,°i Q ; ~` ~o ,~ * ; ~ ~oTa9y - .y .~- m:~- _c,: .,~_ A G :-~ o . UBL~ . 2~ i~'t! •~'9iq O'~ryQ~?`~~ ~~~~'p'~~FALTH 4F ;~~``~ ~~~llllllll~~~~ REGISTRATION NO. 7053151 18 EXHIBIT "A" LEGAL DESCRIPTION PREPARED BY: SYICES. $OURDON. I:~ AlIERN & LPVY. P.C. Parcel One: All that= certain lot, piece or parcel of land, together with the buildings and improvements thereon, and the appurtenances thereunto belonging, lying, situate and being in the Bayside Borough of the City of Virginia Beach, Virginia, and being known, numbered and designated as Lot :B, as shown on that certain plat entitled, "Subdivision of The Remainder of Property As Shown on that certain plat entitled `Property of Curtis Breathwaite Located Near Davis Corner" and recorded in Deed Book 444 at Page 4~3, Bayside Borough, Virginia Beach, Virginia for Curtis W. Breathwaite"', which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 231, at Page 2; to which reference is hereby made for a more particular description. GPIN: 1468-42-4560 Parcel 'Cwo: All that= certain lot, piece or parcel of land, together with the buildings and improvements thereon, and the appurtenances thereunto belonging, lying, situate and being in the Bayside Borough of the City of Virginia Beach, Virginia, and being known, numbered and designated as "Bru.ce Breathwaite" 0.522 Acres, as shown on that certain plat entitled, "Resubdivision of Property of Anthony R. Braithwaite Estate WB 58 p 115 `Newsome Farm' Bayside Borough Virginia Beach, Virginia", which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 173, at Page 32; to which reference is hereby made for a more particular description. GPIN: 1468-42-4432 Parcel 'T'hree: All that: certain lot, piece or parcel of land, lying, situate and being in the Bayside District of the Cit!J of Virginia Beach, Virginia, being bounded and described as follows: Beginning at a 5 inch pipe in the northern side of Bayside Road to Davis Corner Gnd r'anning thence along the property of A. Breathwaite, North 63° 35" East 211.4 feet to a pin; thence South :~8° 56" East y1.8 feet to a pin; thence South 6~° West 195.1 feet to a 5 inch pin in the. northern side of said road; thence 59.E feet to the point of beginning, containing .32 acres more or less; and All that certain parcel of land, situate, lying and being in the City of Virginia .Beach, Virginia, and being more particularly described as "Parcel `Y' o.i~o Ac Parcel to be Conveyed to Peele" on that certain plat entitled "Resubdivision of Property of Anthony R. Breathwaite Estate, i9 `Newsome's Farm', Bayside Borough, Virginia Beach, Virginia, Scale 1"=50', dated September 3, 1983"~ Which plat was made by Gallup Surveyors & Engineers, Ltd., and which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 173, at Page 32. PREPARED BY: SYIC£S. BOURDON. AI-I£RN & I.£Vl', P.C. GPIN: 1468-42-4315 Parcel Four: All that certain lot, piece or parcel of land, located in the Bayside District of the City of Virginia Beach, Virginia, and being described as follows: Beginning at a point on the East side of Bayside Road at a pin in the dividing line between the property now or formerly belonging to Ruth Bailey and the property hereby conveyed; thence North 6~° oo' East 5 feet to a pin; thence North 6~° oo' East 195.1 feet to a pin; thence South 18° 56" East l02 feet to a pin; thence South 69° 23' West 1T7.2 feet to a pin; thence in the same course 5 feet to a pin on the East side of Bayside Road; thence North 29° 40' West along the East side of Bayside Road 94.9 feet to the point of beginning; a plat of which property is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed 360, at Page 4~1. GPIN: 1468-42-328 Parcel Five: ALL THAT certain parcel of land situate, lying and being in the City of Virginia Beach, Virginia, and being more particularly designated as "Remains of Anthony R. Breathwaite Estate" on that certain plat entitled "Resubdivision of Property of Anthony R. Breathwaite Estate, `Newsome's Farm', Bayside Borough, Virginia Beach, Virginia, Scale 1"=50', dated September 3, 1983", which said plat was made by Gallup Surveyors & Engineers, Ltd., and which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 173, at Page 32, reference to said plat being hereby made for a more particular description and location of the aforementioned property. GPIN: 1468-42-4132 Parcel Six: ALL THAT certain parcel of land situate, lying and being in the City of Virginia Beach, Virginia, being a portion of Lot D as depicted on the Plat of Newsome Farm as recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 62, at Page 1, which parcel is more particularly described as follows: 20 Beginning at a pin found located at the southeast corner of "PARCEL 2" (GPIN 1468-42- 328~) as depicted by plat recorded in Map Book 173, at Page 32 which pin is also located at the southwest corner of Lot D (GPIN 1468-42-6125) as depicted on the Plat of Newsome Farm (M.B. 62, Pg i) and from said Point of Beginning running along the boundary line between the two aforementioned properties North 40° 20' 59" East, a distance of i27.4~ feet to a povit; thence turning and departing from said boundary line South 58° 22' 14" East, a distance of i65.o~ feet to a point on the western boundary of the Subdivision of Bayside Place as recorded in the afore referenced Clerk's Office as Instrument #2oo3i2i8o2iiii8; thence along said boundary line South 42° 45' 25" West, a distance of 128.41 feet to a point; thence turning and departing said boundary line and running along the shared boundary line with "The Remaining Part of Lot io (GPIN 1468-42-4132) as depicted by Plat recorded in Map Book 173, at Page 32, North 58° 22' 14" West, a distance of 159.62 feet to the pin at the Point of Beginning and containing 20,455 square feet or o.47 acres. GPIN: 1468-42-6125 Conditional:[tenoning/BreathwaitePlace/Proffer4_Clean Rev_z/11/10 PREPARED BY: . SYK£S. BOURDON. ' ~ AI1£RN & LEVY. P.C. 21 1~Iap L--~ Man Not to Scale Jacqueline B. Amato ~' - - S ` ; ~+ '~ ~ r - _ ~ - ~ ~ . - ~~ -~ ~ ~~ _ ~ _ _ y\ ` \ `, s ' ~` ~ ~~ ~ •, .~ ~ `111 ~ 1 1 ~ 1 , .~ ~, ~~, ~ \ ~~ -- ~1ti ~ ~ \~~ t _ T - ~ ~ , ~ ,. l - ~ ~ .~ - 5 ~ ` _ 1 _ ~1`` _ 4 ` ` , i `~ 't ~l 1~1 5. 5 `t } _ t~ \~ 111 I `\ ` Non Conforming Use ,NU. (u ~ ~S; '~eJ ~l~ „t-~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Authorizing the Enlargement of a Nonconforming Use on Property Located at 5306 Atlantic Avenue Owned by Jacqueline Amato. LYNNHAVEN DISTRICT MEETING DATE: May 25, 2010 ^ Background: There are two residential dwellings located on this lot, which is zoned R-5R Resort Residential. The two dwellings appear to have been constructed prior to the adoption of zoning regulations. The Princess Anne County Zoning Ordinance was adopted on November 25, 1954. Information from the City Assessor's Office indicates that the structures on the site were constructed in 1920. Aerial photography taken in 1954 also confirms that the structures where constructed prior to 1954. Since there are two dwellings located on the lot, each is nonconforming, as two dwellings are not permitted on the same lot within R-5R Residential Resort District. ^ Considerations: The applicant is proposing modifications to the dwelling on the front portion of the lot, adjacent to Atlantic Avenue. The proposed alterations consist of repairing an existing deteriorated front porch, replacing all roof shingles with a metal standing-seam roof, replacing the rear wooden steps with a composite deck that includes an open trellis, and relocating a crawl space to the northern side of building. This covered crawl space is intended to keep water from going under the house. Additional site alterations include the following: • Re-laying and adding a brick walk constructed from salvaged bricks; • Adding a screened porch to the south side of building; • Adding afour-and-one-half foot tall trashcan enclosure with gate to conceal containers from public view; • Adding a gate and an arbor that will arch a little taller than five feet high; • Adding a patio and fountain on the south side of building; and • Adding stepping stones at the rear of building. ^ Recommendations: Staff concludes that the proposed modification is reasonable, will have a minimal impact, and will be as appropriate to the existing residential neighborhood as the existing non-conforming structure. Only one of the dwellings located on the site will be altered, and the proposed alterations adhere to the dimensional requirements specified for the R-5R District. The proposed modifications are an extensive renovation and upgrade of this dwelling and will contribute to the JACQUELINE B. AMATO Page 2 of 3 enhancement of the neighborhood. The request, therefore, is acceptable as submitted, subject to the c:onditions below. The alterations shall substantially adhere to the submitted site plan entitled, "Non-Conforming Use Exhibit for Amato Residence #5306 Atlantic Avenue", prepared by WPL and dated March 31, 2010. Said plan has been exhibited to the City of Virginia Beach City Council and is on file in the Planning Department. 2. The proposed alterations shall substantially adhere to the submitted elevations entitled, "Proposed Renovations & Addition to: Amato Residence; 5306 Atlantic Avenue, Virginia Beach, VA", prepared by Bizport, dated November 30, 2009, and last revised May 4, 2010. Said elevations have been exhibited to the City of Virginia Beach City Council and are on file in the Planning Department. 3. All required permits for the proposed additions and alterations shall be obtained from the Planning Department/Permits and Inspections Division. ^ Attachments: Staff Review and Disclosure Statement Resolution Location Map Recommended Action: Approval Submitting Department/Age\n'cy: Planning Department City Manager ~ ad K.. •~~''~i, ni~~ L-. --r--- ,~ ~ ~- ~ i~ . ,'~ I JaCgUI'nne !3. Amaro R5R ! ~~ '~ '~~ir,.~-~ Rid <'i~ ~, _, `~~. ~' ' - ,-- `~ ' ~~'S~H Till J1i5R ~, ~~; ,~f~`~~_ ~r >- i' Rs~ ,` ~ , " // ~ r ~~ R ~ I _ ~ r~ ~ ~p~31~ .~- R5R ~ .~ 5R_.~.._..,-_„ ~` REQUEST: Enlargement of a Nonconforming Use ADDRESS /DESCRIPTION: 5306 Atlantic Avenue May 25, 2010 Public Hearing APPLICANT /PROPERTY OWNER: JACQUELINE B. AMATO STAFF PLANNER: Leslie Bonilla GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 24188918700000 LYNNHAVEN 8,100 square feet Less than 65 d6 DNL SUMMARY OF REQUEST There are two residential dwellings located on this lot, which is zoned R-5R Resort Residential. The two dwellings appear to have been constructed prior to the adoption of zoning regulations. The Princess Anne County Zoning Ordinance was adopted on November 25, 1954. Information from the City Assessor's Office indicates that the structures on the site were constructed in 1920. Aerial photography taken in 1954 also confirms that the structures where constructed prior to 1954. Since there are two dwellings located on the lot, each is nonconforming, as two dwellings are not permitted on the same lot within R-5R Residential Resort District. The applicant is proposing modifications to the dwelling on the front portion of the lot, adjacent to Atlantic Avenue. The proposed alterations consist of repairing an existing deteriorated front porch, replacing all roof singles with a metal standing-seam roof, replacing the rear wooden steps with a composite deck that includes an open trellis, and relocating a crawl space to the northern side of building. This covered crawl space is intended to keep water from going under the house. JACQUELINE B. AMATO May 25, 2010 City Council Meeting Page 1 Additional site: alterations include the following: • Re-laying and adding a brick walk constructed from salvaged bricks; • Adding a screened porch to the south side of building; • Adding afour-and-one-half foot tall trashcan enclosure with gate to conceal containers from public: view; • Adding a gate and an arbor that will arch a little taller than five feet high; • Adding a patio and fountain on the south side of building; and • Adding stepping stones at the rear of building. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Two single-family dwellings SURROUNDING LAND North: . Duplex and single-family dwellings / R-5R Residential Resort USE AND ZONING: District South: Duplex and single-family dwellings / R-5R Residential Resort District East: Duplex and single-family dwellings / R-5R Residential Resort District West: . Duplex and single-family dwellings / R-5R Residential Resort District NATURAL RI?SOURCE AND There are no known significant natural resources or cultural features CULTURAL FEATURES: associated with this site. IMPACT ON CITY SERVICES There are, no expected impacts to City services as a result of the proposed modifications. EVALUATION AND RECOMMENDATION The proposed alterations are reasonable, will have a minimal impact, and should be as appropriate to the district as is the existing nonconforming use. Only one of the dwellings located on the site will be altered, and the proposed alterations adhere to the dimensional requirements specified for the R-5R District. The proposed modifications are an extensive renovation and upgrade of this dwelling and will contribute to the enhancement of the neighborhood. JACQUELINE B. AMATO May 25, 2010 City Council Meeting Page 2 Staff recommends approval of this request with the conditions below. CONDITIONS 1. The alterations shall substantially adhere to the submitted site plan entitled, "Non-Conforming Use Exhibit for Amato Residence #5306 Atlantic Avenue", prepared by WPL and dated March 31, 2010. Said plan has been exhibited to the City of Virginia Beach City Council and is on file in the Planning Department. 2. The proposed alterations shall substantially adhere to the submitted elevations entitled, "Proposed Renovations & Addition to: Amato Residence; 5306 Atlantic Avenue, Virginia Beach, VA", prepared by Bizport, dated November 30, 2009, and last revised May 4, 2010. Said elevations have been exhibited to the City of Virginia Beach City Council and are on file in the Planning Department. 3. All required permits for the proposed additions and alterations shall be obtained from the Planning Department/Permitsond Inspections Division. 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 application are valid or any structures may be occupied. JACQUELINE B. AMATO May 25, 2010 City Council Meeting Page 3 AERIAL OF SITE LOCATION JACQUELINE B. AMATO May 25, 2010 City Council Meeting Page 4 w ( t .fiJ~'d 'L 1bIH ! x?OB dNtl ~~ 1336I1S ~(s~ xrvd x(vt :aae zt3oJ AD'S ° ~ ~~ 0 4 ~ ~~ ~ Y w ~~ ~ x ~ ~~ r ~~ " ~ ~~ ~ ~ ~~ ~ ~ E / ~ e w~'. '~ ~ - - -. ~ - ~~ -(~ ~ / ~ ~ j ', y ~ N ~tlyy 9 ~ 4 7C _ i ~ i( r `3` 1,ryI I ~ 4 ~' = ~o N j; III ~j \~~ ,~ ~ y (~J( i F C ' Ll L = N < ~ p1 ~~ RqR U V [3 ~g ~ ~ Y ~ ~ !(~1~ Q~ ~ ~ Q .Y ^S gS o ~ ~ q ~ a ~ Y qCb~ C ~ ~~ 4 w H a W x V ~^ w ~~ Ww~ o> ~Uy~ ~~ ;, Ord 'r ,m+ i :.,.~ em1 a r~+ U A i..a anu aar ..,.? ~ 0330,E Z W H `~ x~ ~~ 133d1S p~ES ~ Q ~ ;~ t-~ Z > ~~ ~~ ~, C~ Q ~~~ 5 ~$ 'ag z ~ s~~ a Sg 3g O Q ~' a~~ Z ~ c'~ ~~~ ~ ~ ~ ~ ~~~ ~ ~~~~ ~~l Q ~ ~ ~~ ~ = ;~~~ ~ o w ' ~Y~i~ ~~y,,i ~ ~~ ~ _~ I '..L:~.1,~,' PROPOSED SITE PLAN JACQUELINE B. AMATO May 25, 2010 City Council Meeting Page.. 5 PROPOSED BUILDING ELEVATIONS JACQUELINE B. AMATO May 25, 2010 City Council Meeting Page 6 11Iap L--1 hAan Nnt to Srala Jacqueline B. Amato 4 t 'v '~--\r' _ .~ 1 t, \ ~ ~ " i ~ ~ v ~\~ ~ 1. 1 \~ ~ ~- - 1 , ~ . ~ _ i b ~~ r \ ~ ,_ J~ `\ \ \ - ~ ~ ~ ~ ~~\ '` - ~;~ - „ - -~r 1 ~5~ ~ ! ~ ~ ~ ~ } 1 - ~ - - S 1 ~ ~~~ 5'~ 1 51 ~ ~ ; ` _ 11 ~', I ~, ~ ~' \~~ ~~ _ ~ . 5 s L . \ \4-J~ ~ t~ ~ ' ~ 1 t - Y \ ~ Mon Conforming Use # DATE DESCRIPTION ACTION 1 04-23-02 Alteration of Nonconformin Use Granted 2 02-12-02 Alteration of Nonconformin Use Granted 3 10-29-02 Alteration of Nonconformin Use Granted ZONING HISTORY JACQUELINE B. AMATO May 25, 2010 City Council Meeting Page 7 z 0 ... c`~3 a z 0 w 2 O L3t9CL.OSt.€F~~ 5T~-'TE~+3ENT AP~d.~GANT #~l9C~St,t~~ i'~ttte epptacant ie ~ carp~~re,gon, pet#nsnhip, ~', ~ qua#~e, or ot:-=e. a E-c.~~c~atad cranizatian, camp~ete the fai(nwin~: 1. Lint the mppiice;~t name fo€kswed by the €~~n~as cif ~!_ ©'~1G$f~e, ~`TbM`~rs~ trustees, partners, ex, be~iow; !Atterr~s t{si #f ta~es~ary,~ 2. Fiat dll bue(ne~aaes .i~t here a paten#-sub~diary{i car e~i~~~e~ t.u5ness emit; relationahlp with the spptlcant: (Attach fat rfne~esaary,~ Check hat's rf the etpp~cant is N07' a corpotatsan, partner&hlp. t rte, ~~~irtmg, ar other ~.~n!n~-rp;,r5lted orgar~~zat{on. i=ROt~~at~r owlr~R iz~sc~.os~r~t: ~'omplsfe thfs sec#ian t~+yi t+'~t~erty ow,~t9r l~ di+'t'e!eri fig;~i ~~l~e~~. 1#` the property owner is a Cotpar~tiotl, po-tr€e~hip, arm, bu~r~ss, yr t~~t~er ~n+ncor~,orated or~snt~etion, cornpiete the to~~+rlrt~: 4 . Lis; t!^e property ca~met name foNQwed by tra r~arnes ~ i ail efRcera, ^tesnl;er~; xustees, partners etc, ~eit~~N; E~tfeCh List if rrecesssry :~. .ist a'a pusinesees that have a paren~e~ubstdetyr' or afd~da~a bus-~~s eri'syl reia~ona~tip +~th ire appllcartt~ (Attach 1'aa !'necessary, 13~ihect;#e~rs Iftha p!cpa~y ~wneris Nora carporatic^: pst~nesah'i~ ern`: b~,~(n~ss, or other uttirj;;crpard-ted organt~at~ar. 3 ' ~e r4a~ Faye ~. f~t°t~tt~ ices en otelai ~ ~npiayea of tt'~e C#ky ot'vt~~t~ta k3eacrti ~ar~ ar nacrew{ ors €~1e ~""' s~tja~ :ands Yes _,~.,_. ~o (;: mss, v4'F18t 16 t`~A rse Lt the S3ft~CtE al• et~pl0y8e an,~ the na~~z' yf "heiA~ ~e'e5t'?.... t~crng:on~ar :~ a~:~ sit ,~~ r•~1a~8 c =' ~~~~~~ Bla".a~~ ' .. . ~~.yf'a... ~~.F{^. JACQUELINE B. AMATO May 25, 2010 City Council Meeting Page 8 DISC:LC7SU1~~ $"C,A~7~M~~7' ADD{'t10NAL I~SCt.OSt1f~ES L}tt art Ecnotivn oonfractars oc businesses dlett hs~°e or w11 pco~aid~ services ~t:h respect to tits t'H$t~+l8t~ property use, {ndudin~ but not i~rnrted to the prcvaders of arc~siterat 8erv4oets, re~a}estates®rvices, itnanc}ai eerv}cea, accounting sen~lre&; end oegai e ' (f~ltaa list if necessary) t`__ ° ~Parent•suiza~tary reletiortship" means "s retatloneltip that a Kees when one corpot3tior, ~iireotiy or irtdir9ctiy owns eha»s p0evass-ng tnors than SC pervert of the voting i~' oY anlarttsr corpor'ation.' Soe 9tatte and Local Qovarrunent CQntiC! of }rtterests Act, Va. Cow ~ i,2:1',Q1. a "AfliNated DusU185s e~;~ty rstAt~vnst>tp"mama'°e reietionship, otF,ar than perm#- sub$dtary rEttationship, that extats when (i) one b+..~inesa entity hea a controtiing avrnership Interest in the other busirra~a amity , (~) a contrvh~g ow ner in one amity ~s afro a cant; aiiin~ awr~er In the other entity, or {tiff there is ehated rnanagernent or con#rd betw~er: the iauatnegs enttiiee. Fasnors that should tae considered in datanninhtq the ex{stenos of an aftti~tisQ twe+neet, enttty reiattorzship lndude that the same pertlor or auDatenUet~)= ttta same pareo~ ar rnan~~ the twa enttttes; there ere common or ;t~tmingieci funds ar assets; the businagt- entkias etta-rre its uas o! tha eam~- oia dr empioyeea ar othbtwiea share acttvftiss: resaW'CEtB c, perscrutei tm a regular bade; or there to Otherwlete a close wcr-ring reiaiionahtp betrt~eeri ~. entttiet ° Sea &tate a~a Looal c3ovsmment Gonfittt of interests Aat, `,+``a. Code ~ CERTIriG,A7it3N: certify #!'rat the information con#stred harem ie trae anc accur~iie. t tt,~fen6l:d Lit, t~pota recut of noCiica~~n (postcard} that the a~iicsUon has bean t~hed~.~~ed far ps~bilt t>q-srinp, { ~ owed gd~tt ~a8ring loco atng ~ eri~nstr~d±orts in m ~aag~~ at teaefi 3b days i ,sen~s to entry open t#~ st~ajsctpraperty by empicyeea of the Det+ar~.rstadttcsr ,tndt~rsig'ned t 4 ~catian, o~„n ;~ ;and view the ass ~r purposes of p acescin end evatusung this atapt P*irlt RSei7rB `nt Narne ~; i"y ~~ ~i V~ ~' F~ ~~ r L~ a 1~~-{ ~-~ ~~'"{ JACQUEL}NE B. AMATO May 25, 2010 City Council Meeting Page 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 A RESOLUTION AUTHORIZING THE ENLARGEMENT OF A NONCONFORMING USE ON PROPERTY LOCATED AT 5306 ATLANTIC AVENUE OWNED BY JACQUELINE B. AMATO WHEREAS, Jacqueline B. Amato, (hereinafter the "Applicant") has made application to the City Council for authorization to enlarge a nonconforming use having the address of 5306 Atlantic Avenue, in the R-5R Resort Residential District, by enlarging one of the two dwellings located on the parcel; and WHEREAS, the two dwellings are nonconforming as they are located on the same parcel, which is not allowed in the R-5R Zoning District; and WHEREAS, the dwellings were erected prior to the adoption of the applicable regulations; and WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the enlargement o~F a nonconforming use is unlawful in the absence of a resolution of the City Council authorizing such action upon a finding that the proposed use, as enlarged, will be equally appropriate or more appropriate to the zoning district than is the existing use; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That thE: City Council hereby finds that the proposed use, as enlarged, will be equally appropriate to the district as is the existing use under the conditions of approval set forth herein~below. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That they enlargement of the nonconforming use is hereby authorized, upon the following conditions: 1. The alterations shall substantially adhere to the submitted site plan entitled, "None-Conforming Use Exhibit for Amato Residence #5306 Atlantic Avenue", prepared by WPL and dated March 31, 2010. Said plan has been exhibited to tl-ie City of Virginia Beach City Council and is on file in the Planning Department. 2. The proposed alterations shall substantially adhere to the submitted elevations entitled, "Proposed Renovations & Addition to: Amato Residence; 530E> Atlantic Avenue, Virginia Beach, VA", prepared by Bizport, dated NovE;mber 30, 2009, and last revised May 4, 2010. Said elevations have 47 been exhibited to the City of Virginia Beach City Council and are on file in the 48 Planning Department. 49 50 3. All required permits for the proposed additions and alterations shall be 51 obtained from the Planning Department/Permits and Inspections Division. 52 53 54 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 55 of , 2010. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: CA11516 R-1 May 11, 2010 . .. Planning epartment City Attorney's Office -44- Item i!J.B. PLANNING ITEM # 55738 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, ,City Council ADOPTED Ordinance upon application of CHESAPEAKE ATLANTIC, L.L.C: ORDINANCE UPON APPLICATION OF CHESAPEAKE ATLANTIC, L.L.C. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM I-1 AND R-10 TO CONDITIONAL 1-1 LIGHT INDUSTRIAL DISTRICT 2010061268 BE IT HEREBY ORDIANED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Chesapeake Atlantic, L.L.C. for a Change of Zoning District Classification from 1-1 Light Industrial District and R- 1 D Residential District to Conditional I-1 Light Industrial District on property located at 173 & 177 South Birdneck Road and 1228 Jenson Drive, for the purpose of developing o, Bice-warehouse units The following condition shall be required.• 1. An agreement encompassing proffers shall be recorded with the Clerk of the Circuit Court and is hereby made a part of the record. This Ordinance shall be effective in accordance with Section 107 (fJ of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty fourth of October Two Thousand Six. Voting: 9-1 By Consent) Council Members Voting Aye: William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, John E. Uhrin, Ron A. Villanueva, James L. Wood and Rosemary Wilson Council Members Voting Nay.• Reba S. McClanan Council Members Absent; Mayor Meyera E. Oberndorf October 24, 2006 ,. ,~- - ^.. .~ .. ~.. Zon/ng with Recorded Condifrons/Proffers Modification of Conditions u s CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CHESAPEAKE ATLANTIC, LLC, Modification of Conditions, previously approved by City Council on October 24, 2006, 173 8~ 177 S. Birdneck Road 8~ 1228 Jenson Drive. BEACH DISTRICT MEETING DATE: May 25, 2010 ^ Background: The applicant is requesting a modification of the Conditional Change of Zoning, granted on October 24, 2006, for the purpose of flipping the location of the building from the northern side of the property, which is adjacent to other industrial uses, to the southern side of the property, which is adjacent to single-family dwellings. The 2006 Conditional Rezoning from I-1 Light Industrial District and R-10 Residential District to I-1 Light Industrial District has six proffers. ^ Considerations: After the Planning Commission meeting, the applicant submitted a revised drawing of the building elevations, noting a desire to utilize those elevations in lieu of what was previously proffered. The new elevations have not been evaluated by the staff nor have they been reviewed by the Planning Commission; therefore, this request for a Modification of Conditions must be referred back to the Planning Commission for hearing. The applicant is aware of this and is in agreement with this action. ^ Recommendations: Refer back to the Planning Commission for action due to the applicant's requested change in building elevations. ^ Attachments: Location Map Recommended Action: Referral back to Planning Commission Submitting Department/Agency: Planning Department City Manager: S'~. ~~ CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-7605 TO: Mark D. Stiles FROM: B. Kay Wilson DATE: May 13, 2010 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; Chesapeake Atlantic, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on May 25, 2010. I have reviewed the subject proffer agreement, dated May 5, 2010 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: Kathleen Hassen This Document Prepared by: Fine, Fine, Legum & 114cCracken, LLP THIS AGREEMENT made this day of May, 2010, by and between, CHESAPEAKE ATLANTIC. LLC, a Virginia limited liability company, herein referred to as "Grantor", party of the first part; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee, party of the second part. WITNESSETH: WHEREAS, Grantor is the owner of certain parcels of property located in the Beach District of the City of Virginia Beach, more particularly described as follows: See Exhibit "A" said parcels hereinafter collectively referred to as the "Property"; and WHEREAS, the Grantor has initiated a conditional amendment to the zoning map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from R-10 Residential District & 1-1 Light Industrial District to Conditional I-1 Light Industrial District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantors acknowledge that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit different types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the Grantor's proposed rezoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land GPIN 2417-42-7931-0000; 2417-42-6802-0000; 2417-32-6769-0006 (portion of) -1- similarly zoned are needed to resolve the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, their successors, personal representatives, assigns, Grantee, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid fro duo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declazation shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, Grantee, and other successors in interest or title: 1. When the property is developed, it shall be developed and landscaped substantially as shown on the exhibit entitled "Landscape Plan, Chesapeake Atlantic, LLC" dated September 29, 2009 prepared by prepared by Gallup Surveying & Engineers, Ltd., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereafter "Site Plan"). -2- 2. VVhen the property is developed, it will be developed substantially as shown on the rendering entitled "Proposed Office/Warehouse for Chesapeake Atlantic, LLC, undated prepared by EYG Architects, PC which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereafter "Rendering"). 3. The use of the Property shall be only office /warehouse. 4. The hours of operation of the office/warehouse will be between the hours of 7:00 o'clock a.m. and 9:00 o'clock p.m. daily. The Grantor will erect and maintain a fence on the south side of the property line as it adjoins the residential property and the property of the Grantor. 6. Dumpster service on the property is only allowed between the hours of 8:00 o'clock a.m. and 6:00 o'clock p.m. 7. All mechanical equipment must be located on the roof and screened from view. 8. All stormwater management facilities, including swales must be maintained by the Property Owner. 9. These proffers shall supercede the proffers dated May 17, 2006 and recorded at Instrument Number 20061031001650980. 10. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. All references hereinabove to the R-10 Residential and I-1 Light Industrial Zoning Districts and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of -3- approval of this agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that such instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantors covenant and agree that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied, and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory -4- or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the (Jrantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) T'he Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantors and the Grantee. -5- WITNESS the following signatures and seals: CHESA EA ATL NTIC, LLC ~ _ B Timoth , Member/Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, Arlene A. Kilgore, a Notary Public in and for the City and State aforesaid, do hereby certify that Timothy E. Ashman, Member/Manager of Chesapeake Atlantic, LLC, whose name is signed as such to the foregoing instrument dated the S~ day of May, 2010, did personally appear before me in my City and State aforesaid and acknowledge the same before me. GIVEN under my hand and seal this ~ ay of May, 2010. <~ ~ ~ Notary Public; Registration No. 21216 _ _ My commission expires: September 3 11 r- K1~60RE ARIENE A• Public Notary Commonwealth of Virginia 212162 Commission Expires Sep 30, 2011 -6- Exhibit "A" PARCEL ONE;: GPIN 2417-42-7931-0000 ALL THAT certain tract, piece or parcel of land, lying, situate and being in the City of Virginia Beach, Virginia in Seatack, and known, designated as Samuel L. Kellam & Margaret Kellam, 23 ac." as shown on that certain plat entitled, "Property of Samuel L. Kellam & Margaret Kellam located in Seatack-Princess Anne Co., VA Scale 1" = 50', March 15, 1953, W. B. Gallup-County Surveyor", reference to said plat being hereby made for a more particular description of said land. LESS AND EXCEPT certificate of take to the City of Virginia Beach for 0.019 AC Birdneck Roadway Project #U000-134-V27, R/W 201, recorded a Instrument No. 200502220027745. PARCEL TWCI: GPIN 2417-42-6802-0000 ALL THAT certain tract, piece or parcel of land, located in Seatack of Lynnhaven Magisterial District (formerly a part of Seaboard Magisterial District) of Princess Anne County, Virginia, and more particularly bounded and described as follows: BEGINNING at a pin on the west side of the Seatack Public Road at a point 2.50 feet northwardly fronn the property line of Sarah Edney and the said John B. Williams and running thence south 89 degrees 15' west 786 feet to a pin in the center of a ditch, thence along the center of said ditch norl:h 32 degrees 45' east 68 feet to a pin; thence north 89 degrees 22' east 736.36 feet to a pin on the west side of said Seatack Public Road; thence south 18 degrees 45' east 60 feet along said Sceptic public Road to the point of beginning. Containing one 91) acre, more or less, according to a plat of property made by J. H. Milholland, February, 1926, which is attached to this deed and made a part hereof. PARCEL THREE: GPIN 2417-32-6769-0006 Unit No. 6, in Owl's Creek Commerce Center II, a Commercial Condominium, Phase 1, located in Virginia Beach, Virginia, hereinafter called the Condominium, according to the Declaration recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 4209., page 2087, together with the undivided interest in the common elements appertaining to each unit, and the rights, privileges and appurtenances thereto belonging as declared in and shown on the condominium instrument, and as shown on the plat of condominium recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 284, pages 34 and 35. -41- Item V-K.1 PLANNING ITEM # 56337 (Continued) Voting: 10-0 (By Consent) Council Members Voting Aye: William R "Bill " DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel Apri124; 2007 -40- Item V-K.1 PLANNING ITEM # Sb337 (Continued) ORDINANCE UPONAPPLICATION OF GRACE BIBLE CHURCH FOR A CONDITIONAL USE PERMIT FOR A CHURCH 8040734218 BE IT HEREB Y ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINL4 BEACH, VIRGINIA Ordinance upon application of Grace Bible Church for a Conditional Use Permit for a church on property located at the western terminus of Ansol Lane (GPINs 1497135862; 1497037953; 1497138854). DISTRICT 3 -ROSE HALL The following conditions shall be required.• 1. When the site is developed, it shall be developed insubstantial conformance with the plan entitled, "Grace Bible Church Ansol Lane, "prepared by Engineering Services, Inc., dated 11/27/06. 2. The church building shall be constructed in substantial conformance with the elevation entitled, "Schematic Design Concept for Grace Bible Church, A Comprehensive New Facility, "prepared by Barnes Design Grvup, P.C., dated December 7, 2006. 3. A cul-de-sac or other appropriately designed turn-around acceptable to the Department of Public Works shall be provided by the church at the end of Ansol Lane, where the public roadway transitions to a private drive aisle into the church property. 4. Any freestanding or building mounted signage shall meet all applicable City ordinances. The use of moveable copy on any sign shall be prohibited. S. Traffic control measures shall be in place during Sunday services, Wednesday evening services and during other large special events, such as concerts, weddings and funerals, among others. This measure, at a minimum, shall consist of a trained traffic control person, approved by the City's Police Department, to direct traffic at the Ansol Lane and North Lynnhaven Road intersection. 6. The site may not be used for childcare or school use without modif::cation of this Use Permit. These Ordinances shall 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 fourth of April Two Thousand Seven April24, 2007 -39- Item V-K 1 PLANNING ITEM # 56337 Upon motion by Vice Mayn o GRACE BIBLE CHURCH for a Street Closure`, Change of~o ~ ST a d Ordinances upon appltca to f Conditional Use Permit: The Church agrees to Ansol Lane ~erste~on (basetd on traffic generated by the Church)e traffic management signals at the Application of Grace Bible Church jor the discontinuance, closure and abandonment of an unnamed, unimproved right-of--way beginning on the north side of Ansol Lane and extending approximately 477.05 feet in a northerly direction. DISTRICT 3 -ROSE HALL The following conditions shall be required: 1. The City Attorney's Dice will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures, "approved by City Council Copies of the policy are available in the Planning Department. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to f:nal street closure approval. 3. The applicant shall verb that no private utilities exist within the right-of--way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of--way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. Closure of the right-of--way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council (April 23, 2008). If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of--way, this approval shall be considered null and void. AND, ORDINANCE UPON APPLICATION OF GRACE BIBLE CHURCH FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM I-1 LIGHT INDUSTRIAL DISTRICT TO O-2 204071277 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINL4 BEACH, VIRGINIA Ordinance upon application of Grace Bible Church for a Chan e o Zoning District Classification from I-1 Light Industrial District to O-2 D~ce District on property located at the western terminus of Ansol Lane (GPINs 1497135862; 1497037953; 1497138854). AICUZ is 65 to 75 dB Ldn. DISTRICT 3 -ROSE HALL April Z4, 2007 Map ii-7 CTrarP Rii~l~ C`'h~»•~l .,; _ _, g2 E ~~~ ~ F "~G i kyo i t i i i ~ ~ _ ;,-. .~ _ _ - ~w ,r~ _ ~ _ _ - , ~~ I i ~ , __.__.. . rt ~ r• t ~_ . ., ~. ~ -- ? ~ ~ ~ ~1 i ' _: V~. ~ li ~ J 1~ y-` t , J ~~, '1~.~'~~~y mar R 5 R7.5 ~ ' -~``~ 1 "__.~s___~_~... ~' ,,i,~ ~l~ __, ~.- '3_~ ~i~~- a,. l ~:~~}, ~-~ ~ ~ .~-~1`- ~ ~,~, r '~. CIS ~.C~11 `~ 1. ~ i ~ L- '.' •: ~~o = Hv.~~~ cJlwal u,.~~:r Modification of Conditions o~~,~ ~, ~_ z~ ~= z - •~, ~~ +~' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: GRACE BIBLE CHURCH, Modification of Conditions, approved by City Council on April 24, 2007, western terminus of Ansol Lane (GPINs 1497138886; 1497135862). ROSE HALL DISTRICT MEETING DATE: May 25, 2010 ^ Background: The Conditional Use Permit for a church was approved by City Council on April 24, 2007. Conditions 1 and 2 of that Use Permit require that the site layout and building design be substantially in compliance with the submitted site plan and elevations. The applicant desires to modify those conditions, as the site and architectural plans for the church have been revised. The property is located in Strategic Growth Area (SGA) 6 - Lynnhaven, which serves as the gateway to the Great Neck peninsula. The Comprehensive Plan recommendations state that this area is suitable for higher intensity mixed uses that include office, institutional, and limited retail. ^ Considerations: The proposed church is 44,815 square feet with a 1,000-seat sanctuary, which is approximately 45,000 square feet smaller and 400 seats fewer than what was approved in 2007. Corresponding to the reduced church size, the configuration of the site is• also slightly altered. The church building is now centered near the westernmost property line and will occupy two of the three lots originally approved for the site. Four hundred and forty-one parking spaces surround all four sides of the building and two access points are provided on Ansol Lane. A stormwater management facility is located just southwest of the parking lot and another stormwater management facility is centered in the parking lot west of building. The building facade consists of earth-toned split-faced concrete masonry unit (CMU) and exterior insulation finish system (EIFS). The roofline varies in height and is capped with an EIFS cornice. Storefront windows are located on the first and second floors and painted fiberglass columns are situated near the entrance of the building. Overall, the proposed modifications are consistent with the Comprehensive Plan's recommendations. In addition, since the proposed church is less intense Grace Bible Church Page 2 of 3 than what was previously approved, there will be less of an impact on City services and the surrounding community. 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: 1. All conditions with the exception of Number 1 and Number 2 attached to the Conditional Use Permit granted by the City Council on April 24, 2007 remain in affect. 2. Condition Number 1 of the April 24, 2007 Conditional Use Permit is deleted and replaced with the following: When the site is developed, it shall be developed in substantial conformance with the plan entitled, "Grace Bible Church; Ansol Lane, West of Landmark Square," prepared by Martin Engineering and dated March 26, 2010. 3. Condition Number 2 of the April 24, 2007 Conditional Use Permit is deleted and replaced with the following: The church building shall be constructed in substantial conformance with the elevation entitled "New Facility For Grace Bible Church; Virginia Beach, Virginia," prepared by Covington Hendrix Anderson Architects, and dated March 23, 2010. ^ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location 11Aap Recommended .Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: t ~ _ ~'~'''f., "'°~ "-' Grace Bible Church z a . ,:-,.- ~~ ,~ z~~ i ~ F f n i. . ~ ~ _ ~ O ~ ~ '~~ r, 1 -- ,- -:~ ~~ 4; ~~ ~, ~ __~ . ~ ~, R7.5 . ;, R • ~ ~~ ` ~~ 1 ~,. ~~ y spri~~ ~ L '' , ,,t ~a~ l iii Y ~~ , } ,~ ~ ; ~~ ~woomcwon w ~onowns 14 APRIL 14, 2010 Public Hearing APPLICANT /PROPERTY OWNER: GRACE BIBLE CHURCH STAFF PLANNER: Leslie Bonilla REQUEST: Modification of a Conditional Use Permit for achurch -approved by the City Council on April 24, 2007 ADDRESS /DESCRIPTION: Western terminus of Ansol Lane GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14971388860000; and ROSE HALL 8.22 acres 70 to 75 dB DNL 14971358620000 The Conditional Use Permit allowing a church was approved SUMMARY OF REQUEST by City Council on April 24, 2007 (conditions are provided on the following page). Conditions 1 and 2 of the 2007 Use Permit require that the site layout and building design be substantially in compliance with the conditioned site plan and elevations. The applicant desires to modify the conditions to allow the construction of a 44,815 square foot church with a 1,000 seat sanctuary. The proposed church is approximately 45,000 square feet smaller than what was approved in 2007 and consists of 400 fewer seats than was previously approved. With the reduced church size, the configuration of the site is also slightly altered. The church building is now centered near the westernmost property line and will occupy two of the three lots originally approved for the site. Four hundred and forty-one parking spaces surround all four sides of the building and two access points are provided off of Ansol Lane. A stormwater management facility is located just southwest of the parking lot and another stormwater management facility is centered in the parking lot west of building. GRACE BIBLE CHURCH Agenda Iterra 14 ' _ Page_ 1 The buildingl fagade consists of earth-toned split-faced concrete masonry unit (CMU) and exterior insulation finish system (EIFS). The roofline varies in height and is capped with an EIFS cornice. Storefront v-rindows are located on the first and second floors and painted fiberglass columns are situated near the enl:rance of the building. April 24, 2007 City Council Approved Conditions: 1. When the site is developed, it shall be developed in substantial conformance with the plan entitled, "Grace Bible Church Ansol Lane," prepared by Engineering Services, Inc., dated 11 /27/06. 2. The church building shall be constructed in substantial conformance with the elevation entitled, "Schematic Design Concept for Grace Bible Church, A Comprehensive New Facility," prepared by E3ames Design Group, P.C., dated December 7, 2006. 3. A cul-de-sac or other appropriately designed turn-around acceptable to the Department of Public Works shall be provided by the church at the end of Ansol Lane, where the public roadway transitions to a private drive aisle into the church property. 4. Any freestanding or building mounted signage shall meet all applicable City ordinances. The use of moveable copy on any sign shall be prohibited. 5. Traffc control measures shall be in place during Sunday services, Wednesday evening services, and during other large special events, such as concerts, weddings, and funerals, among others. This measure, at a minimum, shall consist of a trained traffic control person, approved by the City's Police Department,. to direct traffic at the Ansol Lane and North Lynnhaven Road intersection. 6. The site may not be used for childcare or school use without modification of this Use Permit. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Vacant and unimproved land SURROUNDING LAND North: • Norfolk Southern Railroad right-of-way USE AND Z~DNING: • Vacant land and multi-family dwellings / A-12 Apartment District South: . Ansol Lane • Interstate 264 • Across Interstate 264 are single-family dwellings / R-7.5 and R10 Residential Districts East: Virginia Power substation / O-2 Office District West: . Vacant wooded site / I-1 Light Industrial District NATURAL RESOURCE AND This site is located within the Chesapeake Bay watershed and the CULTURAL FEATURES: western part of the parcel is located within the most stringently regulated portion of the Chesapeake Bay Preservation Area, the Resource Protection Area. This site is currently heavily wooded and contains both tidal and non-tidal wetlands. All proposed development is, however, situated outside the Resource Protection Area and does not require Chesapeake Bay Board action. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) I CAPITAL IMPROVEMENT PROGRAM (CIP1: Ansol Lane in front of this site is considered a collector roadway. The width of this un-striped roadway varies from 18 to 28 feet. There are no roadway CIP projects slated for this roadway. North Lynnhaven Road in the vicinity of this site is considered and narrow two-lane collector roadway without any turn lanes that connects with Virginia Beach Boulevard to the north and Lynnhaven Parkway to the south. There are no roadway CIP projects slated for this roadway. TRAFFIC: Street Name present present Capacity Generated Traffic Volume Ansol Lane Unknown 9,900 ADT (Level of Original Proposal - 854 Service "D" Weekday ADT; Lynnhaven Road 9,425 ADT 11,100 ADT (Level of 2,590 Sunday ADT Service"D") RevisedProposal3-610 Weekday ADT; 1,850 Sunda ADT Average Daily Trips ' as defined by a 1,400 seat church 3 as defined b a 1,000 seat church TRAFFIC ENGINEERING: This application proposes lowering the use intensity of an approved Rezoning and Conditional Use Permit to allow a church which was granted in 2007. Due to a 30 percent reduction in sanctuary seating, the proposed smaller church should generate approximately 30 percent fewer trips than what was previously approved. WATER: City water does not front this property, but may be extended for connection purposes provided hydraulic analysis supports the potential demand. City water lines are approximately 2,000 linear feet from this site. SEWER: City sanitary sewer is not available. Private grinder pumps and force main may be an option. Sanitary sewer and pump station analysis for pump station #505 is required to determine if flows can be accommodated. Construction plans and bonds are required. GRACE BIBLE CHUF~CH Agenda Iter>r~,14 Page 3 EVALUATION AND RECOMMENDATION The property is located in Strategic Growth Area (SGA) 6 -Lynnhaven, which serves as the gateway to the Great Neck peninsula. The Comprehensive Plan recommendations state that this area is suitable for higher intensity mixed uses that include office, institutional, and limited retail. The revised church building and associated parking are significantly smaller than what was approved by City Council' on April 24, 2007. The reduced church size and parking area results in reduced impacts on City services when compared to previous approved plans. While the modified plan is in keeping with the intent of the original approval, changes between the approved 2007 plan and the proposed modified plan are evaluated below. Overall, these changes seem to reduce negative impacts on the surrounding community ;and city services as a whole. One significant change between the 2007 approved plan and the proposed modified plan is that the modified plan leaves the Chesapeake Bay Resource Protection Area undisturbed or restored. The 2007 approved plan, alternatively, shows parking and removal of trees within the Resource Protection Area. Disturbance to the protected area is, therefore, reduced within the proposed modified plan and protection to one of thES City's most valuable natural resources is preserved. Another element of the project that has changed since the 2007 approval is that the City is now considering the construction of a transit system within the former Norfolk Southern railroad right-of-way. A portion of that envisioned transit system is situated just north of this site. Noise and vibration from the existing expressway and a possible transit line must be considered when constructing the proposed building. Thee site is currently located within an Air Installation Compatible Use Zone (AICUZ) of 70 to 75 dB DNL. Churches and related facilities are considered compatible uses within this AICUZ; however, the applicant must ensure compliance with noise level reduction features as set forth in the Virginia Uniform Statewide Building Code. The required sound attenuation measures intended to address the sound impacts related to the AICUZ can also contribute to reducing sound impacts from I-264 to the south and whatever transit type that may operate to the north. A third change between the 2007 approved plan and the proposed modified plan are anticipated impacts to the traffic network. The proposed modified plan reduces Sunday Average Daily Trips (ADT) to the site by approximately 740 ADT. Even with the reduction in the size of the church, however, there will still be an adverse impact on the intersection of Ansol Lane and N. Lynnhaven Road; however, it will not be as significant as under the 2007 approved plan. Condition 5 of the 2007 Use Permit requires traffic control measures, such as a trained traffic control person, to be in place on Sundays and during other large special events, such as a wedding, funeral, or concert. The applicant has not requested modification of this condition; thus, traffic control will still be required. Overall, Stafff finds that the proposed modification is in conformance with the Comprehensive Plan's recommendations for this area. In addition, since the proposed church is less intense than what was previously approved, the modified plan will have less of an impact on City services and the surrounding community. Staff, therefore recommends approval of the proposal subject to the conditions listed below. CONDITIONS 1. All conditions with the exception of Number 1 and Number 2 attached to the Conditional Use Permit granted by the City Council on April 24, 2007 remain in affect. 2. Condition Number 1 of the April 24, 2007 Conditional Use Permit is deleted and replaced with the following: When the site is developed, it shall be developed in substantial conformance with the plan entitled, "Grace Bible Church; Ansol Lane, West of Landmark Square," prepared by Martin Engineering and dated March 26, 2010. 3. Condition Number 2 of the Apri124, 2007 Conditional Use Permit is deleted and replaced with the following: The church building shall be constructed in substantial conformance with the elevation entitled "New Facility For Grace Bible Church; Virginia Beach, Virginia," prepared by Covington Hendrix Anderson Architects, and dated March 23, 2010. 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 Depa-trnent of Planning /Permits and Inspections Division, and the issuance of a CertiFcate of Occupancy, are required be%re any uses allowed by this Use Permit are valid. Ths applicant is encouraged to contact and work with the Crime Prevention Olfice 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 , GRACE BIBLE CHURCH Agentla Item 14 Page 6 ~' x ,._ a ~ i S s ~ ~~~~ .,~~ ~ ~ ~...,. PROPOSED SiTE`.PLAN GRACE Bl$LE CHURCH Agenda Item 14 Page 7 ~ --- 3NV110SNb H~2lt1H~ 31818 3~d2iJ ~~ ~~ ~ ,; s F ~ \ r~~ p~ [ [E Fi~~EFO ~I~~~ ~. i 1 I ~~ ~sE ~! { ~ it - ~,~ ,~ ~ ~ ,~ i ~ s _ ~ 1 - ~ ~t 1. ~ ~. ~ ~~ a ( ~~ ~ ~ t ~ -- - P ~ ~ , i _ _ ~ O rQ. ~ 3 t. <_~ ~ - 3i ~ _€ ' ~ f' d E ~ i ._w oZc { _ ~ ~ ~ = -= v O ~ { h E ~^ - s j ~ _ r( LLI ~ ~ ~_' ~ ~. 7. t F- LL ' !~ k _...~ , O ! ~ ~ ~ ~ ( x Z i ~ { 1 . ' _ Z 1~ .x _ i ~ ~ t ~ i~ j b , i , ~ ce i r ~ ~~ ~ ~4 r •out ~~w 6.,u u~dua _~ ~~~ ~i~ ~ ~ ' , ~ ,~~• ~~,- :~ ,- ~ ~.~- ~ _. ~ ~ _ Q _ _, ~w r ~ - !; V ; ~ , _ ~ ~~... - ~~ A:.~ ~ Q t1~f t .-r' - F` #~ ~ 7.; ~ _ ~ ~ ~x t _, 3_ 4~- ~~ ~ - - { ~~X ~,: ~-' q ~ " ~ d J ~ ~, 4 ~~& f t. 1 Q W ~ ?` ~ 3 *~ t ~ ~ V.{ ~+ ~} & g1 ~ r t~ ~ f d Z ~ ~ ~ t ~ ,~ ~ + Jt Q Z 'r ~ ' ~ ' - r ,. '~ ~ 'j• • ~ ~ ~ ~' 7Nl tp1YW -~. E ~~ ~~..s t ! ~a 4~il~. g! ~' '' ~',~ 2007 APPROVED SITE PLAN GRACE BIBLE CHURCH Agenda Item 14 Page 8 ~" _. ,_~ ~ ~ ?-~i ,- ~~ ~~ ~--~. ~ ~~~ ~`` ~~ ~ -_ ~~ ~- f ~; ;~ - l_ ~`_ __ _ y, ..~ t _. ~ ~ h~, r :-; ~k,~ ~.---~r ~ ~~~~ ~"-i 4~ i ', r-~.. r~~ tk _. } F ~~~ PROPOSED BUILDING ELEVAI"IONS GRACE BIBLE CHURCH ~4genda Item '! 4 Page 9 si ~'- ~ ,~ : s s u L ~ ~ ~' ~ ~ ~ <` ~ ~: ~ ~. F ~ ~ ~n •. o V ~ V ~ ~ = ~ ~ ~ ~+ ~} ~ o ;~' ~ ~ ~- } ~~ ~ E ~,.-- _~. _ ~ a ~ r - ~ ~--- ~ ~ ~ ~ $ ~~ ~ ~ - - ~'~ ' ~ .: `" ~ -- ~ ~ b ~~ -~ _ g 3~ _ - F r - __ ? ~ - __ _ _._ n ;~ -~ _-- _ ~ - ~ - ., _ __ _ ~; _ LL ' ~' -_ ~ _ ~ ` ~ 6 V U v ~ ~ _ ~ W~ ~ _ t' c O S t O ;_. " j ~R W W -_ _...... ... ....... ::.... i r.~ .~ . 2007 APPROVED ELEVATIONS GRACE BIBLE CHURCH Agenda Item 14 Page 10 ~. ~Iap H-7 CTrace B~hle C'hurcl Rrg `Jp' IG JCBf° ~ .. - ~. __ _ ~_ I ~. i . ~ ~~ z }~ } i~ ~ ~V ~ ~ ~ ~' ~ ^ t ~ ~ ~ f'6~ . t ~ ~ ' 3 4 ~ ~ ~ _ ~~ ~ { tT ~ .0 ~ ~- 'L-~ ~4 C Lr' AIL a ^... t #. ~' t ~, I~~ III ' ' ~..' :I I~ -.,,.~,Z.~ ~ ~t~~~~ ~ =-} ~~ ~~~r.. _ ~ _ r ~lR~ V.~JF 4. ~ ~I. ~ t is 1 U' ~ _- _ t ~ ? ' ~^~ ~ ~/ ~/ ( --:,n,,. ~~ *. t ~ t .~ A 7~~' ~ R7.5 t ~: ~fl ~co= re~odc~ cuma~ ate, Modtffcatlan Of Condttlons # DATE.. OESCRiPTt4N ACTICEN 1 04/24/07 04/24/07 04/24/07 Street Closure Zoning Change (I-1 to O-2) Conditional Use Permit church Granted Granted Granted 2 02/26/02 Conditional Use Permit communications tower Granted 3 01/24/06 Conditional Use Permit home occupation Granted ZONING HISTORY GRACE BIBLE CHURCH.. Agenda-Item -14 Page 11 O ~~-+ cn ---{ F'-+ ~---r A Z O V w 0 0 c~ w A O ~ ©ISCLflSURE STATEMENT APP#_tCANT DISCLOSURE tf the applicant is a corporation, Partnership, firm, business, or other unincorporated organization, complete the following: 1. list the applicant name followed by the names of all officers, members, trus#ees, partners, etc. below: {Attach list Nnecsssary) Grace Bible Church: A. Ray Megginson, Trustee 2, List ail businesses that have aparent-subsidiary' or afl'iiated business entity relationship with the applicant: {Attach list if necessary) O Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DtSCLOSURE Ccsmplete this section only if property owner is different from applicant. If the property owner is a corpora#ion, partnership, firm, business, ar 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 ail businesses that have aparent-subsidiary' or affiliated business entity relationship with the applican#: {Attach fist if necessary] D Check here if the property owner is NOT a corporation, partnership, firm, business, ar other unincorporated organization. ~ See next page for footnotes Modartcatoe~ of Css^.rJd:~~s Ap~~ca#iart Past '3 W #t ftevs~C Qo.r20434 DISCLOSURE STATEMENT GRACE 61BLE CHURCH ,Agenda Item 14 Page 12 DISCLOSURE STATEMENT ADDITIONAL DISCI.©SURES Lisf all known ,contractors or businesses #hat have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) Sykes, Bourdon, Ahem & Levy, P.C. Martin Engineering, Inc. Covington Hendrix Anderson, Architects ' "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indire~ly owns shares possessing more than 54 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interes# in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other en#ity, or {iti) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." :See State and Local Govemment Conflict of Interests Act, Va. Code § 2.2-3101. CERTIPICATlaN: t certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am €esponsible for obtaining and pasting the required sign on the sub}ec# property at least 30 days prior to the scheduled public hear'-ng according tothe instructions in this package. Grace B hur-el~ By: --- r'" ~''~~"° A. Ray Megginson, Trustee APPfr nt's Signature ~ ~~.t it~ r. ~ Mt Lt,.~ t2 ~~..~ Print Name G+ /~~ !mac g~ it C! /-} v ~+-.c.Ct".. Property Qwner'S Signature {if d'€fferent than applicant) Print Name t~9~rE€csttar~ ~ ~andrEio~as Applica~an Pags t': aE t i Rev~set3 9t1;2c~44 l~~t ~'~ 1~~t ~..~ /~ •~~t ~~ /~ ~~ Fri ~~~ /~~ DISCLOSURE STA?ENfENT GRACE BIBLE CHURCH ~4genda Item 14 Page 13 Item #14 Grace Bible Church Modification oil Conditions Western terminus of Ansol Lane District 3 Rose Hall April 14, 2010 CONSENT Jay Bernas: The next matter is agenda item 14. This is an application of Grace Bible Church for a Modification of Conditions approved by City Council on Apri124, 2007 on property located at the western terminus of Ansol Lane, District 3, Rose Hall. Eddie Bourdon: Again, thank you Mr. Bernas. Chairman Strange, members of the Commission, for the record, F?ddie Bourdon, a Virginia Beach attorney representing Grace Bible Church. Mr. Bill Miller, the churches Chairman of their building committee is here, as well as Brad Martin, the engineer on this project. I want to thank Leslie Bonilla for her efforts, and we appreciate this being placed on the consent agenda, with the deletion of the proposed conditions 7 & 8, that are listed under Cor.~dition 4, as you all were advised this morning in the informal session. Thank you. Jay Bernas: Is there any opposition to this matter being placed on the consent agenda? Hearing none, the Chairman has asked Commissioner Felton to please review this item. Christopher Felton: Thank you Mr. Bernas. As stated, the Conditional Use Permit allowing a church was approved by City Council on Apri124, 2007. The applicant desires to modify those conditions to allow a smaller structure and sanctuary located at the western terminus of Ansol Lane. The church building is now centered near the western most property line, and will occupy two of the three :lots originally approved for the site. 451 parking spaces surround all four sides of the building, and two access points are provided of Ansol Lane. Again, we reviewed the application, and it meets all the requirements. Staff is unaware of any opposition, and staff recommends approval. And we concur, and would ask to have it placed on the consent agenda. Jay Bernas: Thank you. I will make a motion to approve agenda item 14, with the removal of condition 4. 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 Item # 14 Grace Bible Church Page 2 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 14. 38 - Item L.Z.c. ITEM # 57449 PLANNING Attorney Stephen D. Lentz, represented the Harvest Outreach Ministries, Inc. on behaljof their Worship Center and Church Campus. A Conditional Use Permit for a proposed church on a portion of the property was denied on September 26, 2006. Since that time, the applicants have met with several City Council Members and staff. Revisions were incorporated in this new request. The revisions include purchase of another ten (10 acres on the east side of this property; therefore, all the improvements were moved to the north side of the proposed Indian River Road and allow for SO% open space, a sign cant portion of which ends up being treed property. There wi11100 feet of landscaped buffer along the property lines, right and left turn lanes on old Indian River Road and a 200 foot cue for traffic that goes into the parking lots on the proposed improvements. This church will be built in three (3) phases: Phase I is the construction of a 30, 000 square foot Education/FamilyLlfe Center. Once the sanctuary is completed, this building will be used as the Family Wellness Center and not for church services. Phase II is an 11, 700 square foot addition to the Education/Family Life Center building for additional classrooms. Phase III (in approximately 10 to 12 years) is the construction of a 23, 000 square foot church sanctuary with the ability to provide capacity for 1, S00 seats. There will be a total count of 448 parking spaces in Phase 111. Upon motion by Council Lady Henley, seconded by Vice Mayor Jones, City Council ADOPTED Ordinance upon application of HARVEST OUTREACH MINISTRIES, Inc. for a Conditional Use Permit for a church ORDINANCE UPON APPLICATION OF HARVEST OUTREACH MINISTRIES, INC. FOR A CONDITIONAL USE PERMIT -FOR A CHURCHRO30834260 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINL4 BEACH, VIRGINL4 Ordinance upon application of Harvest Outreach Ministries, Inc, for a Conditional Use Permit for a church on property located on the north side of Indian River Road, 675 feet west of Bridlepath Lane (GPINs 1483965395; 1483841803; 1483852479). DISTRICT 7 -PRINCESS ANNE The following conditions shall be required.• 1. The site shall be developed substantially in accordance with the submitted site plan entitled "Harvest Outreach Ministries, Virginia Beach, Virginia" Phases One, Two and Three prepared by Ivy Architectural Innovations, which has been exhibited to the City Council and is on file in the Planning Department. 2. The building shall be constructed substantially in accordance with the submitted elevations entitled "Harvest Outreach Ministries, Virginia Beach, Virginia ", prepared by Ivy Architectural Innovations, which has been exhibited to the City Council and is on frle in the Planning Department. 3. The applicant shall strive for a minimum of fifty percent (SO%) open space on the site. 4. The applicant shall maintain a minimum of one hundred (100) feet of landscaped buffering, from Indian River Road. No parking is allowed in the bu, ffered area. March 25, 2008 -39- Item L.2.G ITEM # 57449 (Continued) PLANNING S. The applicant shall install atwenty-five (2S) foot landscaped buffer along the property lines. The buffer shall be planted with a mixture of deciduous and evergreen shrubs and trees. 6. A photometric lighting plan shall be submitted for review and approval with the final site plan submission to the Development Services Center. The lighting plan is to include height of poles located within the parking lot along with the location of all pole-mounted and building-mounted lighting fixtures. All fixtures shall be designed to prevent any direct rejlectton or glare toward adjacent uses or city streets. The plan shall also include the lamp types, wattage and type of fixture. Parking lot lighting shall use full cut-o,,~' futures. Lighting shall be directed down at the ground and not horizontally or up in the air. This Ordinance shall 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-fifth of March Two Thousand Eiglrt Voting: .10-1 Council Members Voting Aye: William R "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R Jones, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: Reba S. McClanan Council Members Absent: lone March 2S, 2008 ~1~p ~-13 ~j~ ~r!ap f•:~c~tfe sca'f~ ~~Tl'~'£'tit ~Utl'Qi1Cll 1711IIlStT'lE'S. II2C. ~, irA Modification of Conditions s CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: HARVEST OUTREACH MINISTRIES, INC., Modification of Conditions, approved by City Council on March 25, 2008, 3168 Indian River Road. PRINCESS ANNE DISTRICT MEETING DATE: May 25, 2010 ^ Background: The applicant is requesting modification of Conditions 1 and 2 of a 2008 Use Permit for the development of the subject site for a church. The church has reduced the scope of the initial proposal. The two conditions refer to a plan that the applicant is no longer pursuing, and the requested modifications refer to the new plans submitted by the applicant. ^ Considerations: The proposed use as modified will still provide a service to the communities in this area and the city as a whole. The reduction in scale will result in a corresponding reduction in impact to the area and to the public infrastructure, particularly traffic. The Department of Public Works /Traffic Engineering evaluated this new proposal and found that while the number of trips will be reduced, there will still be a need for turn lanes on Indian River Road. The specifics of the turn lanes are provided in the attached staff report. 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 10-0 with 1 abstention, to recommend approval of this request to the City Council with the following conditions: 1. All conditions with the exception of Number 1 and Number 2 attached to the Conditional Use Permit granted by the City Council on March 25, 2008 remain in effect. 2. Condition Number 1 of the on March 25, 2008 Conditional Use Permit is deleted and replaced with the following: The site shall be developed substantially in accordance with the submitted site plan entitled "Harvest Outreach Ministries, Inc. Virginia Beach, Virginia Harvest Outreach Ministries, Inc. Page 2 of 3 Preliminary Site Plan" prepared by Pinnacle Group Engineering, Inc.. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department 3. Condition Number 2 of the on March 25, 2008 Conditional Use Permit is deleted and replaced with the following: l~he building shall be constructed substantially in accordance with the submitted colored Front Elevation untitled and not to scale. Said plan has been exhibited to the Virginia Beach City Council and is on file in the \/irginia Beach Planning Department ^ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Locations Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: ~ , ~~ 19 April 10, 2010 Public Hearing APPLICANT /PROPERTY OWNER: HARVEST OUTREACH MINSTRIES, INC. STAFF PLANNER: Karen Prochilo REQUEST: Modification of a Conditional Use Permit for achurch -approved by the City Council on March 25, 2008. ADDRESS /DESCRIPTION: 3168 Indian River Road GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14838536720000 PRINCESS ANNE 28.11 acres 70 - 75 d6 DNL (ITA) SUMMARY OF REQUEST The applicant is requesting a modification to Conditions 1 and 2 of the 2008 Use Permit (listed below) due to a reduction in the scope of the initial proposal. These two conditions are requested for modification, as the conditions refer to a plan that the applicant is no longer pursuing. The requested mod cations refer to the new plans submitted by the applicant. The Conditional Use Permit permitting a self standing church was approved by the City Council on March 25, 2008. The Conditional Use Permit has six conditions: 1. The site shall be developed substantially in accordance with the submitted site plan entitled "Harvest Outreach Ministries, Virginia Beach, Virginia" Phases One, Two and Three prepared by Ivy Architectural Innovations. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 2. The building shall be constructed substantially in accordance with the submitted elevations entitled "Harvest Outreach Ministries, Virginia Beach, Virginia", prepared by Ivy Architectural Innovations. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 3. The <~pplicant shall strive for a minimum of 50 percent open space on the site. 4. The applicant shall maintain a minimum of 100 feet of landscaped buffering from Indian River Roadl. No parking is allowed in the buffered areas. 5. The applicant shall install a 25 foot landscaped buffer along the property lies. The buffer shall be planted with a mixture of deciduous and evergreen shrubs and trees. 6. A photometric lighting plan shall be submitted for review and approval with the final site plan subrriission to the Development Services Center. Lighting plan is to include height of poles located within the parking lot along with the location of all pole mounted and building mounted lighting fixtures. All fixtures shall be designed to prevent any direct reflection or glare toward adjacent uses or city streets. The plan shall also include the lamp types, wattage and type of fixture. Parking lot lighting shall use full cut-off fixtures. Lighting shall be directed down at the ground and not horizontally or up in the air. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Undeveloped site consisting of trees and cultivated field. SURROUNDING LAND North: Rural residential and cultivated farm fields / AG-1 ~ AG-2 USE AND ZONING: Agricultural Districts South: . Across Indian River Road is rural residential / AG-2 Agricultural District East: Rural residential and cultivated farm fields / AG-1 8~ AG-2 Agricultural Districts West: . Rural residential and cultivated farm fields / AG-1 & AG-2 Agricultural Districts NATURAL RESOURCE AND A significant portion of the site is treed. There are no known significant CULTURAL FEATURES: cultural features associated with this site. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) /CAPITAL IMPROVEMENT PROGRAM (CIP1: Indian River Road in this area is a two-lane undivided minor suburban arterial. The Master Transportation Plan (MTP) HARVEST OUTREACH MI designates this facility within the current Princess Anne /Transition Area and further classifies it as a Princess Anne Area Buffered Roadway within a 110-foot wide right-of-way. This application proposes lowering the use intensity for a church issued a Use Permit in 2008. Due to a 60 percent reduction in sanctuary seating, the smaller church will generate approximately 60 percent fewer trips than the originally approved church, but this will still be sufficient to require turn lanes on Indian River Road. Thus, Traffic Engineering recommends the following: • The right-turn lane shown on the submitted plan does not meet the minimum dimensions required by Department of Public Works Standards. The right-turn lane should have minimum storage and taper lengths of 100 feet each due to the 35 mph speed limit. The left-turn lane should have 200 feet of storage with 200 feet taper and 245 feet transition. Additional comments will be provided during the site plan review process. TRAFFIC: Street Name present Volume present Capacity Generated Traffic Indian River Road 4,200 ADT 13,600 ADT (Level of Original Proposal (weekday) Service "C") 915 ADT- weekday 3,600 ADT' 15,000 ADT' (Level of 2,780 ADT -Sunday (915 (Sunday) Service "D) Sunday Peak Hour Trips) Revised Proposal s - 366 ADT -weekday 1,110 ADT -Sunday (366 Sunda Peak Hour Tri s Average Daily Trips (2009) ' as defined by 1500 seat church 3 as defined b 600 seat church WATER: City water does not front this site. City water is not available. The closest water line is approximately 4,000 feet to the east at Courthouse Estates. Health Department approval is required for private wells. SEWER: City sanitary sewer does not front this site. City sewer is not available. The closest sewer line is approximately 4,000 feet to the east at Courthouse Estates. Health Department approval is required for septic systems. Private grinder pumps and force main may be an option. However, the site is not within an existing pump station service area. Pump station analysis for a potential receiving pump station is necessary if this option is pursued. STORMWATER MANAGEMENT: At the time of site plan review, water quality, quantity, and drainage analysis and a master drainage plan for full development must be submitted. FIRE: An approved water supply capable of supplying the required water flow for fire protection may be required by the Uniform Statewide Fire Prevention Code. An approved automatic water supply may also be needed for a fire sprinkler system. A complete review will be done during the site plan review process. .,. ,~ : ~ . T~. ; , __. ,; ~`~'; ~~ ,:~_. -,. HARVEST OUTREACH MINLSTRI~S, I~C. ; :~ Agenda ltem 7 9 ~. Page 3 . . -. EVALUATION AND RECOMMENDATION The Comprehensive Plan policies and Princess Anne Commons/Transition Area map identifies this property as part of the Interfacility Traffic Area (ITA) located between NAS Oceana and NALF Fentress. This site is impacted by the designated AICUZ noise contours 70-75 DNL. The proposed use is compatible in this area. In addition, the Plan policies state that properties located within the Transition Area's designated ITA south of the Southeastern Parkway alignment should be used for office, educational, institutional and other AICUZ compatible uses, (p. 4-12). The use of the site for a church is consistent with this recommendation. Since the proposed use as modified will still provide a service to the communities in this area and the city as a whole, this request is consistent with the recommendations of the Comprehensive Plan. Approval of the modifications to the Use Permit is recommended. CONDITIONS 1. All conditions with the exception of Number 1 and Number 2 attached to the Conditional Use Permit granted by the City Council on March 25, 2008 remain in effect. 2. Condition Number 1 of the on March 25, 2008 Conditional Use Permit is deleted and replaced with the following: The site shall be developed substantially in accordance with the submitted site plan entitled "Harvest Outreach Ministries, Inc. Virginia Beach, Virginia Preliminary Site Plan" prepared by Pinnacle Group Engineering, Inc.. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department 3. Condition Number 2 of the on March 25, 2008 Conditional Use Permit is deleted and replaced with the following: The building shall be constructed substantially in accordance with the submitted colored Front Elevation untitled and not to scale. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department 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. ,s,,,. ;; .. ~;.; f , HARVEST OUTREACH MINISTRIES, J.IVC. Agenda Item .7 9 - gage 4 ~y" 'g t r 1l 't ~` Z ~i l 4 ,, t t a., i~ HARVEST OUTREACH MIR1tSTRIES, iNC. :Agenda Item ~-9 Page 5 i ~~ ~ ~~ ~~~~" k 4 a ~ t a ~~, a~~ ~~ ~"~~~ i ~~ ~~ ~; ~ ~ ~ ~ ~ ~ ~' a~~ ~ ~y ~ 2 ~ ~ ~~ ~ ~p.~ ti ~~ ~~ ~~,~~~ ;~~ , ~p~ a ~ ~ O s ~ ~ ae ~ ~~~~~~~ ~~~~~ 1 PROPOSED SITE PLAN HARVEST OUTREACH MINISTRIES, tNC. Agenda Item 19 Page 6 x ~~, 'r C: G to :. °^~. ~;. PROPOSED BUILDING ELEVATION HARVEST OUTREACH MINfiSTRIES, 1NC. Agenda Item 19 Page 7 1 09/26/06 Conditional Use Permit church Denied 2 02/10/04 Conditional Use Permit commercial kennel Granted 3 08/27/91 Conditional Use Permit church Granted 4 08/27/86 Rezonin from B-2 to AG-1/ AG-2 Denied 5 06/09/80 Rezonin from AG-1 to B-2 Granted ZONING HISTORY HARVEST OUTREACH MINfSTRIES, -INC. agenda Item 19 Page 8 O O O V w O O .~ c~ w A O Dt~CL.~?SURE S'T'AT'EMENT APPLIt;AN1` pI5CLC3SURE If the applicant is a cobra#ion, partnership, frr€t, business, or other unincorporated organization, complete the following: 4. List the applicant name followed by the names of all officers, members, trustees, partners, a#c, below: {Attactr list if necessary} Harvest t7utreactt Mlrustries, Inc., Archie Callahan, President, Lucius Chappell, Jr. SectTreasurer, Kenneth Siesse, Director, Anthony Miller, Director 2. List ati businesses that have aparent-subsidiary or affiliated business entity2 relationship with the applicant: Attach fist if necessary,3 idtA ^ Check here i# the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLG1St7RE Corrtplsts this section only if property owner is different from applicant. tf the property owner is a corporation,. partnership, firm, business, or other unincorporated organization, complete the foNowing: 1. List the property owner name followed tsy the names of alt officers, members, trustees, partners, etc. below: ~Attactt list if necessary) 2. List all businesses that have a paren#-subsidiary' or affiliated business entity ' relationship with the applicant: (Attach list if neeessary~ NtA D Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. ~ i£ a See next page #or footnotes Does an official ar employee of the City of Virginia Beach have an interest in the subject land? Yes No _~ If yes, what is the name of the official ar employee and the nature of their interest? Modiftc~t~n of Gzlit~m5 At3F'^':.-~tio:t p1curtt ae,~ ;;a ar HARVEST OUTREACH MINISTRIES, INC. Agenda Item 19 Page 9 DISGL..OSURE STATEMENT ADDITIONAL DISCLOSURES List .~tl 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 arch!#ectural services, real estate services, financial services, accounting services, and legal services: {Attach list. if necessary} Churcta Development 5enr'ces, LLC ~_ Pinnacle Group Engineering, inc. _~ ~ Seashgr~,Tifie 8 Se~1,e1~?en~c~.,__N_ ' "Parent-subsidiary relationship" means "a relationship that exists when one corporation direc#Iy or indirectly awns shares possessing mare than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. ~ "AfFiliated business anti#y relationship" means "a relationship, other than parent- subsidiary relationship, that exists when {i) one business entity has a controlling ownership interest in the other business entity, {II} a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of err affiliated business entity relationship include that the same person or substantially the same person own cx manage the two entities; there are common or commingled funds or assets; the business entities. share the use of the same offices or employees or otherwise share activities, resources or .personnel on a regular basis; or there is otherwise a close working relationship between the amities." See State and Local Government Conflict of Interests Act, Va. Code 7.2-31(11. CERTIFICATION: I certify that tfia Information contained herein is true ar~d accurate, i urx3erstand that, upon receipt of notBficat3on {postcardp that the application has been scheduled for public hearing, i am responsible for obtaEning and posting the required sign on the subject property at least 30 days prior to the scheduled public fieartng according to the Instructions in this package. The undersigned also consents to entry upon the sut~ject property by employees of trie DeparVnent of Planning to photograph and view the site for purposes a# processing and evaluating this application. ,.~ /~~~ 'l d~ 'i:,- A~pi;ca~ "s S+~«~ature -'__-.^__ .~ 1 I ~jyi~ ~ g„', '~ Ir _.._._..__:.:_L_~___Y.__ r~ c ;~ Owner's SignatiJrc {il oiiierent tan applicant} d ~ a Prin# Name Print Name ~~ ~_ ~.~ /~~ ~_ )H~~ ~` /~-t ~_ ~_ ~~ ~~ rs3o~ttk'nfttr~'1 of Gandi;stx,s A~piScaFic3n Page i~ x'12 R6b'IS9f°i *:~~~1 DISCLOSURE STATEMENT HARVEST OUTREACH MINISTRIES, 1NC. ~4genda .Item 7 9 Page 10 Item # 19 Harvest Outreach Ministries Modification of Conditions 3168 Indian River Road District 7 Princess Anne April 14, 2010 CONSENT Jay Bernas: The next matter is agenda item 19. This is an application of Harvest Outreach Ministries for a Modification of Conditions approved by City Council on Mazch 25, 2008 on property located at 3168 Indian River Road, District 7, Princess Anne. Welcome. Please state your name. Good afternoon Chairman Strange and rest of the Planning Commission. My name is Glenn Tremature with Church Development Services. I'm an agent for Harvest Outreach. The members of the church aze here, as well as the site engineer. We agree with the conditions, and appreciate being placed on the consent agenda. Jay Bernas: Thank you. Is there any opposition to this matter being placed on the consent agenda? Hearing none, the Chairman has asked Commissioner Ripley to please review this item. Ronald Ripley: The Commission looked at this application. It is really a Modification of a Conditional Use Permit that was issued in March 2008. It was a church. It had six conditions. The church is simply modifying the conditions by modifying the proposed construction plans which will make it a little bit smaller church. So, the six conditions stand, however, the first few conditions have been replaced to reflect the new plan. So, the Commission saw it as pretty routine, and staff approved it, and we put it on consent. Jay Bernas: Thank you. I will make a motion to approve agenda item 19. Joseph Strange: A motion made by Mr. Bernas. Do I have a second? Kathy Katsias: Second. Joseph Strange: A second by Ms. Katsias. Donald Horsley: Mr. Chairman, let the record show that I'll abstain from item 19. I farm the property. It is part of the church property. Well, I feed the deer along there on the edge anyway. I guess I need to abstain from that one. Joseph Strange: Okay. AYE 10 NAY 0 ABS 1 ABSENT 0 Item # 19 Harvest Outreaeh Ministries Page 2 ANDERSON AYE BERNAS AYE FELTON AYE HENLEY AYE HORSLEY KATSIAS AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE ABS Ed Weeden: By a vote of 10-0, with the abstention so noted, the Board has approved item 19. n r„„ n r_r, ~lI'~llll i~ ~L i~Cl2 ' Zonirt~ n•ith Cmufhiotrs Pm(krs CUP - Religious Uses •! 4= i `F. ZL`~v_ ~, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: VIRGINIA BEACH UNITED METHODIST CHURCH, Conditional Use Penmit, religious uses, 21219' Street. BEACH DISTRICT MEETING DATE: May 25, 2010 ^ Background: The applicant requests a Conditional Use Permit for the expansion of a religious use. The church is an established, compatible use located in the heart of the Resort Area and serves both the residents of the Oceanfront as well as the tourists visiting the city. The church has occupied the site since the early 1950's, and was granted Use Permits for expansions in 1982 and 1998. The applicant's purpose in seeking a Use Permit is to renovate the facilities of the existing church by demolishing the existing north wing of the building and constructing in its place a two and three-story multi-purpose building. The new building will be used for various support and accessory uses to the church. The Comprehensive Plan Map identfies this area as being within Strategic Growth Area 8, the Oceanfront Resort Area. The Virginia Beach Resort Area Strategic Action Plan ident~es the potential for three distinct yet complementary districts at Laskin Gateway, 19th Street /Central Beach, and Rudee Marina. This church is located within the 19th Street /Central Beach District. The Plan recommendations for the 19th Street /Central Business District are apedestrian- scale, mixed-use entertainment district that connects the Convention Center with the heart of the Resort Area. The Plan identifies this corridor as a prime location for a host of uses that include multi-family residential, transit-oriented development, retail, restaurants, and similar uses. ^ Considerations: The submitted site development plan depicts the removal and replacement of the northern wing of the church, which faces 19th Street. The majority of the proposed addition is three stories in height and the total floor area is 45,000 square feet. The addition does not increase the seating in the sanctuary and therefore does not increase the need for additional parking. The sanctuary has 553 seats requiring 111 parking spaces. There are 27 parking spaces currently located in the area proposed for the addition; 23 of those spaces will be eliminated with the construction of the addition. The church, however, has parking lots located on the south side of 18th Street and the north side of 19th Street. The parking lot on the south side of 18th Street contains 48 parking Virginia Beach United Methodist Church Page 2 of 3 spaces, and the lot located on the north side of 19th Street contains 118 parking spaces. The submitted rendering depicts the existing church and the proposed addition. The addition will be constructed of red brick to match the existing church. Windows and building trim will be white. The proposed entrance to the building will face Pacific Avenue. The entrance will have an A-frame roof supported by white columns. 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: 1. Development of the site shall substantially conform to the submitted plan entitled "VIRGINIA BEACH UNITED METHODIST CHURCH NORTH WING REPLACEMENT VIRGINIA BEACH, VIRGINIA", dated March 30, 2010, and prepared by HBA Design Build Services. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 2. The proposed multi-purpose building shall substantially conform to the submitted rendering entitled "VIRGINIA BEACH UNITED METHODIST CHURCH NORTH WING REPLACEMENT VIRGINIA BEACH, VIRGINIA", dated March 30, 2010, and prepared by HBA Design Build Services. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 3. The applicant shall insure that parking is provided at all times at a ratio of one parking space for every five seats in the Sanctuary. ^ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager:C ~- . ~~ Virginia Beach nro April 14, 2010 Public Hearing APPLICANT AND PROPERTY OWNER: VIRGINIA BEACH UNITED METHODIST CHURCH •zer.o.r s..sr.vra~. CUP-Rellgbus Uses STAFF PLANNER: Faith Christie REQUEST: Conditional Use Permit (religious uses) ADDRESS I DESCRIPTION: 212 19`" Street GPIN: 24271746690000; 24271746720000; 24271756590000; 24271757940000; 24271766790000; 24271755030000. ELECTION DISTRICT: SITE SIZE: AICUZ: BEACH 1.46 acres 65-70 d6 DNL Sub-Area 1 The applicant requests a Conditional Use Permit for a religious SUMMARY OF REQUEST use. The applicant's purpose in seeking a Use Permit is to renovate the facilities of the existing church by demolishing the existing north wing of the building and constructing in its place a two and three-story multi-purpose building. The new building will be used for various support and accessory uses to the church. The submitted site development plan depicts the removal and replacement of the northern wing of the church, which faces 19~h Street. The majority of the proposed addition is three stories in height and the total floor area is 45,000 square feet. The addition does not increase the seating in the sanctuary and therefore does not increase the need for additional parking. The sanctuary has 553 seats requiring 111 - parking spaces. There are 27 parking spaces currently located in the area proposed for the addition; 23 of those spaces will be eliminated with the construction of the addition. The church, however, has p~rl~ing , .~ ,} VIRGINIA BEACH UNITED METHOt~ST CHU~tCH ~' "Agenda ~te'rn.8 ' ~` Page~1 lots located on the south side of 18`n Street and the north side of 19`n Street. The parking lot on the south side of 18tH Street contains 48 parking spaces, and the lot located on the north side of 19tH Street contains 118 parking ;paces. The submitted rendering depicts the existing church and the proposed addition. The addition will be constructed of red brick to match the existing church. Windows and building trim will be white. Brick soldiering is proposed between the first and second floors, and a white cornice is proposed between the second and third floors to match the existing architectural design of the church and to help break up the expanse of the brickwork. The proposed entrance to the building will face Pacific Avenue. The entrance will have an A-frame roof supported by white columns. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Virginia Beach United Methodist Church, parking, and landscaping. The site is zoned RT-2 Resort 'tourist. SURROUNDING LAND North: • 19tH Street USE AND ZONING: Across 19tH Street is church parking / RT-1 Resort Tourist South: 18tH Street • Across 18`n Street are retail and restaurant uses and parking / RT-2 Resort Tourist East: Retail and Restaurant uses / RT-2 Resort Tourist West: . Pacific Avenue • Across Pacific Avenue is a public parking lot / RT-3 Resort Tourist NATURAL RESOURCE AND There is limited vegetation on the site, existing only in the form of CULTURAL FEATURES: minimal landscaping. The church has occupied the site since 1952, serving both residents and tourists. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) /CAPITAL IMPROVEMENT PROGRAM (CIP): This site is located between 18th and 19th Streets, on Pacific Avenue, with most of the available parking located between 19th and 20th Streets. Pacific Avenue is a four-lane minor urban arterial roadway with asixty-foot wide right- of-way. 18th ;>treet is a two-lane collector street with avariable-width right-of-way. TRAFFIC: Present Street Name Volume Present Capacity Generated Traffic Pacific Avenue 20,900 ADT 22,800 ADT Existing Land Use -137 (weekday -11 Peak hour); ~. S a 1 'r .,..:: 1. `; r '.. ~ . ~ VIRGINIA BEACH UNITED METHCiD1ST CHl1f~CH '' ~; A.genda ~#e~ ~ ,', Page" 5,800 ADT 22,800 ADT ' 555 (Sunday - 217 Peak hour ADT Proposed Land Use - No change 'Average Daily Trips s as defined by church and accessory uses s as defined by church and accessory uses WATER and SEWER: This site is connected to City water and sewer. EVALUATION AND RECOMMENDATION The Comprehensive Plan Map identifies this area as being within Strategic Growth Area 8, the Oceanfront Resort Area. The Virginia Beach Resort Area Strate~ic Action Plan identifies the potential for three distinct yet complementary districts at Laskin Gateway, 19 Street /Central Beach, and Rudee Marina. This church is located within the 19~h Street /Central Beach District. The Plan recommendations for the 19'h Street /Central Business District are apedestrian-scale, mixed-use entertainment district that connects the Convention Center with the heart of the Resort Area. The Plan identifies this corridor as a prime location for a host of uses that include multi-family residential, transit-oriented development, retail, restaurants, and similar uses. The church is an established, compatible use located in the heart of the Resort Area and serves both the residents of the Oceanfront as well as the tourists visiting the city. The church has occupied the site since the early 1950's, and was granted Use Permits for expansions in 1982 and 1998. The existing and proposed development of the site depicts an urban style with regard to the mass of the building and the building coverage on the site. This urban character to the future building will, in fact, bring the site into greater conformance with the vision of the Comprehensive Plan for the area. Staff, therefore, recommends approval of the request with the conditions below. CONDITIONS 1. Development of the site shall substantially conform to the submitted plan entitled "VIRGINIA BEACH UNITED METHODIST CHURCH NORTH WING REPLACEMENT VIRGINIA BEACH, VIRGINIA", dated March 30, 2010, and prepared by HBA Design Build Services. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 2. The proposed multi-purpose building shall substantially conform to the submitted rendering entitled "VIRGINIA BEACH UNITED METHODIST CCHURCH NORTH WING REPLACEMENT VIRGINIA BEACH, VIRGINIA", dated March 30, 2010, and prepared by HBA Design Build Services. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 3. The applicant shall insure that parking is provided at all times at a ratio of one parking space for every five seats in the Sanctuary. ~:; _ ~. J_ VIRGINIA BEACH UNITED METHQt31ST CHURCH -. ~~ agenda ~teme $ Page ,; j, r t 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 Cify Codes and Standards. All applicable permits required by the City Code, including those administered by the Department ofPlanning /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 Otfice within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (OPTED) concepts and strategies as they pertain to this site. . Ertl - • ..,.~'. ~~ ;_ s ~J". AERIAL OF SITE LOCATION VIRGINIA BEACH UNITED METHGQiST CHURCH Agenda Item 8 Page 5 #~~ _ © ~ ~ ~ ~. ~ r ~ ~~ ~ ~~. - 4 $ ri W I{ 8 ~ ~~! ~fl n~v~n0.~' ~ C 3 iii gfpT n n V ~~~~~~~ R ~~ ~ a _ ~8t ~ ~ t t~ f• T=. ~. r'.~-, ., 1y ~ ray ~~ ~ ~ ~ i i~ i ~ (~ W ~. !!ttq ~~t`1~N~MNI~i R ~ 2~ t~ (~ 7 7 Y~ 7 C 'T ~.1 ~ryh htY (V hZ Z .~Y. ~d~tQ~Q his f. ill iD LI pi I I a. ' ., ,`a{ i r >>~, Y ~ ~^ TP nrl~ #~.~M 'fOt,Y~iW1 'l~W~nv~ ^r~ _ - ~___.~A___ ,_~ ,.r___ .__ __ _, _ e4'TLANr{C AV~°.„ ~ ~ ~ ' o ~_~ r~ ~.. _. _ _ _~ _ ~ ~~ C _ ~e.y~ ~ ~ ~ ~ ~ ~ ~ , ~ ~ i ~ ' ~i tl ~ ~ V ~ ' , ~ ._ _ -- ~: a ,~ ~ o ~ ~ ; ~ ~ t ~ ~, t "~ ~ ~ ~ _ (~; , h.~~ ~~ ~ ~ ~-+ ..~ C ~ __ _ ___ ---- ~ _ .. m _~ ro ~ '~ ~. c ~ ~ ~~ s~o~q _ ~ ~ ~ ~ ~,~; >~~ .. EXISTING SITE VIRGINIA BEACH UNITED METHODIST CHURCH Agenda Item 8 Page 6 133tl1S Vitt x ~.rr~~+w !t * ~ ~~ klat.SHiE'~ __ 4` r Z xW xW "U Q ~ _4 ~ 2 ~ O ~W'R o~ ~~ ~ m ~ ~ ` ~# U Z rc g = rc ~ > O z ~~ W V- U r Q E2 y~ u S ~ U. N~ PROPOSED ADDI7~ON VIRGINIA BEACH UNITED METH4DiST CHURCH Agenda Item 8 Pane 7 PROPOSED BUILDING ELEVATION VIRGINIA BEACH UNITED METHQDIST CHURCH Agenda Item 8 Page , ~ _ , . ~ ~'it•~inia Beach 1. 5112/98 Conditional Use Permit (Church Addition) Approved Conditional Use Permit (Church Addition) 12/13/82 A roved 2. 2/22100 Conditional Use Permit (Recreational Use of Approved an Outdoor Nature 3. 3/13/02 Conditional Use Permit (Church/Commercial Approved Parkin Lot ZONING HISTORY VIRGINIA BEACH UNITED METHODIST CHURCH Agenda Item 8 Page 9 "Zoning witk Conditans~Proflers C(Jp _ Rellglou5 Uses DISCLt7SURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, ,,,partners, etc. below: Attach fist if necessary) lirginia Beach Uni#ed Methodist Church. Bee attached list for names of off€cers and commi#tees. 2. List all businesses that have aparent-subsidiary' or affiliated business entity relationship with the applicant: (Attach Jist if necessary) None. ~ Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorpora#ed organization. PROPERTY OWNER DISCLOSURE Complefe this section only if property owner is different from applicant. Ifi 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: (Affach Dist if necessary) nJa - Pc~rperty owner is same as applican#. 2. List all businesses that have aparent-subsidiary' or affiliated business entity2 relationship with the applicant (Attach list if necessary) ^ Check hEre if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 8 ee nex# page for 1~tnates Does an officio! or employee of the City of Virginia Beach have an interest in the subject land? Yes No ~ Ifi yes, what is the Warne of the official or employee and the nature of their interest? C1Etanna9 l;ae Pemut Appticaton Page 9 crf to Revised "3. ~ ~^7 ~--a M--~ (-Ta W cn ~'~- O F-•y I~t O V VIRGINIA BEACH UNITED METHC)D1ST CHURCH ~' Agenda item ~ Page 10 z 0 a~ w w z 0 0 V DISCLfJSURE STATEMENT AdDiTIfliVAL DIS4+LOSURES List ali kntswn contractors or businesses that have or will provide services with respect to the requested property use, including but nai limited to the providers ctf architectural services, real estate services, #inancia( servicesd accounting services, and legal.. services; (Attach list if necessary} t,~sa:, P:c. PAGE Collaborative, P.C. Sinclair, Pratt & Cameron Geotechnical En~ineertnta ~4aE~"l Soluticsns. inc, ' "Parent-subsidiary relationship" means "a relationship thate~cists when orte carp©ratian directly or indirectly owns shares possessing more than ~(3 percent of the voting power of another corporation." See State and Local Government Gonflic# of Interests Act, Va. Code § 2.2-314}1.. ~ "A~Iiated business entity relationstip" means "a relationship, other than parent- subsidiary relationship, that exists when {i) one business entity has 2 contraihng ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity; or (iii}there is shared management or control beh~reen the business ents`ties. Factors that should be considered in determining the existence of an Affiliated business entity relationship include that the same person or subs#antially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or per$onnel on a regular basis; or there is atlterwise a dose working relationship between the entities." See State and Local Govemmen# Conflict of Interests Act:, Va. Code 2.2-31 {}1. CERT1FiCATt4N: !certify that the information contained herein is true aril accurate.. l understand that, upon receipt of notiracation {postcard] that the application has been scheduled for . pubic he8ring. I ant resprrnsibb fcsr ob~ining atyd posting the res;uird sin on the subject property at bast 30 days error to the scheduled public hearing according to the instnjctions in this package- 1'he undersigned also consents to entry upon the subject property by employees of the L~efsartrnent of planning to photograph and view the site for purposes of processing and evacuating fhis apprication. .- ~.. Pout E$die, Business 6Aanager ,4ppEicant s Signature Print Name n a Prcpe~ 4?w~ner's Signa#ure (if different than applicant) Print Name { <-. aru:: ,° use Perrr~'. rtae'„cation gage S~ ct in VIRGINIA BEACH UNITED METHODIST. CHURCH Agenda Item 8 Page 41 January 28, 2010 Disclosure Statement for Church Addition Hours of Operation: 8:00 am. unti19:00 p.m., Sunday through Friday Number of Employees to work in proposed addition: Approximately twenty-five (25) Applicant Name: Virginia Beach United Methodist Church Officers and Trustees listed on attached pages ]vlembership: 1,994 ]?roperty is owned by Virginia Beach United Metbodist Church Property owner is the applicant and is NOT a corporation, partnership, firm, business or i~ther unincorporated organization 1':ist of all known contractors at this daft: HBA Architecture MSA, P. C. Pace Collaborative, P. C. Sinclair, Pratt and Cameron Geotechnical Engineering (GET) Solutions, Inc. ® """ 2010 OFFICERS AND COMMITTEES WORKSIiEET (Bold type indicates new person serving fn that position) 1. The membership of the Administrative Board comprises two categories: (i) Ex-Officio -- individuals who are members by virtue of elected offices in the organization of the church, and (2) Members-at-large who are elected directly as representatives of the wider membership of the congregation. SECTION ONE -Executive Committee of the Administradve Board Administrative Board Chair Biil Hoefer Lay Leader Karen Millman Board of Trustees Chair S'F'iv~t, L~-~n'tz ''g'am Staff-Parish Relations Chair M,Aax ~+~d4rl~e.d '~ Finance Chair Bob Curmingham Senior Pastor Ted David SECTION TWO - Ex-OfIIcio Membera Senior Pastor Associate Pastor Director of Discipleship Interim Director of Music Ministries Director of Youth Ministries Director of Children's Ministry Director of Congregational Care Business Manager Lay Leader Associate Lay Leader Administrative Board Chair Administrative Board Vice-Chair Evangelism Commission Chair Worship Commission Chair Congregational Can Commission Chair Education and Discipleship Commission Chair Missions Commission Chair Church School Superintendent Children's Ministry Coordinator Youth Ministries Coordinator Adult Disapleship Coordinators Family Ministries Coordinator Scouting Ministries Coordinator Youth Representatives to Administrative Board Higher Education and Campus Ministry United Methodist Men, President Board of Trustees Chair Staff/Pariah Relations Committee Chair Building Committee Chair Long Range Vision & Planning Chair Off' ~'-t {`1~~rs1wSa1'v..`~.va~~-Y~ Ted David Ed Johnson, Jr. Brenda Stahl Bill Boardman, Tina Gimiin Chuck Cassidy Reesee Michalochick Janice Cagle Paul Sadie Karen MWman Bob Graham Bill Hoefer Andy Hendrick Pam Levinson Mary K Drew, Becky Hubiak Priscilla Hendren, Mary Hays Seroth Leslie Davis Sheryn Milton Jennifer Vaughan, David Stephenson Ron Dyer Robin Davis Brenda Hopper Jeff Andrews Doug and Katie Knapp Debbie Hargis Erin Swinarsky, Jon Santoro Beth Lantz John Wimbush S'i'a.v a ~. ws,'1'~ -g'~ Sue Shepheard Rich Kinsey 85 Pa~~ ti t~.~~,. v - „ ~ v ' Stewardship ~Commi v air .. V . ~ v v ... ® . • . , ' FInance Committee Chair Phil Cockrill Bob Gtinningham ~~ Treasurer Rosalce Jcwcll Assrstant ~~ Treasurers James F. Harris, Zane Hoy Financial Secretary C'ommunlcations Coordinator Tom Broyles Lay Member to Annual Conference (1) Peg Graham Sonny Stinnett Lay Member to Annual Conference (2) peg ~~ Lay Member to Aqua] Conference (3) Suci Stinnett Membership Secretary ~ Laura Ezell Reserve Lay Member to Annual Conference Zane Hoy Rsc°rdiag SO°'et~y Peg Graham Audit Chair Lay Member, Norfolk Boat of Missions Bill Stewart Jennifer Vaughan Delegates to District Conference Sonny 5dnnett, Peg Graham, Suva Stinnett Ytrginia Advocate Chah• Peggy Wilkinson District Steward Tirn Miller SEC'CiON THREE -Members-at-large Class of 2010 . Jack Cagle, Martha Cummings, Jason Dalton, Harry Davis, lIl, Tommy Drew, Connie Jackson , Beth Meghinasso, Pat Richards, Hearst Vann, Todd Whitesell Class of 2011 ]sere Arrington, John Clarke, Joyce Clazke, Lauren Fisher, Don Gaines, Katie Kelley, Dave Moore Sz, Jeff Pariersoa, Peggy Wilkinson , Claaa of 2012 Amy Arrington, Ed Denton, Peg Graham, Andy Hendrick, Dave Lundquist, Betty Moore, Ruby Nesbit Pa'Q ~ Item #8 Virginia Beach United Methodist Church Conditional Use Permit 212 19`s Street District 6 Beach April 14, 2010 CONSENT Jay Bernas: The next matter is agenda item 8. This is an application of Virginia Beach United Methodist Church for a Conditional Use Permit for religious uses on property located at 212 19a' Street, District 6, Beach. Welcome. Please state your name. Mike Perry. Good afternoon Chairman and members of Planning Commission. My name is Michael Perry. I'm a landscaper architect with the firm of MSA, representing the church. I have with me, members of the church, the architect. We have reviewed the conditions, and we approved of them as stipulated. Thank you for putting us on consent. Jay Bernas: Is there any opposition to this matter being placed on the consent agenda? Hearing none, the Chairman has asked Commissioner Russo to please review this item. Phil Russo: Yes. The Virginia Beach United Methodist Church is applying for this Use Permit to renovate their facilities at their existing church by demolishing an existing a north wing of the building and constructing in its place a two and three story multi-purpose building. The new building will be used for various support and accessory uses for the church. The construction will involve the removal and replacement of the northern wing of the church, which faces on 19~' Street. T here does not appear to be any change to the parking since the addition would not increase the seating in the sanctuary. The church is an established compatible use located in the heart of the Resort area, and has served both the residents and tourists in the city since the early 1950s. The urban character of the future building will bring the building into greater conformance with the vision of the Comprehensive Plan for the area. Staff, therefore recommended approval of the request, and the Commission determined to place this on the consent agenda. Jay Bernas: Thank you. I will make a motion to approve agenda item 8. 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 Item #8 Virginia Beach United Methodist Church Page 2 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 8. Map L-10 O -"N~~ •y'~~ f E .:; `~t y psi ~~~ = ~~~ 4i;,yw..,,,...~~;' ~~~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: T-MOBILE NORTH EAST, L.L.C. / EDISON LANE STORAGE ASSOC., LLC, Conditional Use Permit, communication tower, 1744 General Booth Boulevard. PRINCESS ANNE DISTRICT MEETING DATE: May 25, 2010 ^ Background: The applicant requests a Conditional Use Permit to allow construction of a wireless communications tower and related equipment on a site that currently houses amini-warehouse facility. The site is bordered on the north and west by retail uses, to the east is vacant land and to the south is Edison Road and agricultural uses. ^ Considerations: The proposed monopole tower is 139 feet tall (including a four foot lighting rod), and holds flush mounted antennas for at least three separate wireless carriers. The tower is situated within the southwestern comer of the site, 30.2 feet from the southern property line and 35.10 feet from the eastern property line. A 200 square foot compound enclosing the tower is bounded by an adjacent mini- warehouse building to the north and asix-foot tall chain-link situated on the south, east, and west sides of tower. The adjacent 1000 square feet mini- warehouse building will be leased by T-mobile and up to three future carriers to house communication tower ground equipment. As required by Section 232 of the City Zoning Ordinance, the applicant has submitted a certification from a professional engineer licensed in Virginia, under seal, indicating that the proposed operation at site would not result in excessive levels of radio frequency energy to public as defined in the Federal Communications Commission (FCC) Rules and Regulations, specifically 47 CFR 1.1307 and that T-Mobile's proposed operations is completely compliant with FCC Rules and Regulations. The applicant is further required to satisfy all building codes to ensure the structure is constructed adequately. The proposed location of the tower is also in accordance to Section 232(8)(1) of the City Zoning Ordinance which stipulates that no communications tower shall be located closer to an existing residential structure than the distance equal to 125 percent of the total height of the tower and antennae. In this application, the provision would require that the tower should be at least 173.75 feet from any T-Mobile North East, LLC/Edison Lane Storage Associates, LLC Page 2 of 4 residential structure. The closest residential dwelling is approximately 175 feet from the tower. 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: 1. The tower shall be constructed substantially as shown on the site plans entitled "T-Mobile Northeast, LLC; Site Name: Edison Self Storage RL; Site Number: VA60573-B; Site Address; 1744 General Booth Blvd., Virginia Beach, VA 23454, City of Virginia Beach°, prepared by Allpro Consulting Group, Inc., and last revised March 25, 2009. This site plan has been exhibited to City Council and is on file with the Department of Planning. 2. The tower including antennas and lightning rod shall not exceed 139 feet in height. 3. In the event interference with any City emergency communications facilities arises from the use of this tower, the user(s) shall take all measures reasonably necessary to correct and eliminate the interference. If the interference cannot be eliminated within a reasonable time, the user shall immediately cease operation to the extent necessary to stop the interference. 4. Should the antennas cease to be used for a period of more than one year, the applicant shall remove the antennas and their supporting tower and related equipment. 5. The Director of Planning may allow the installation of a type of antenna different from that shown on the plans described in Condition 1 if the Director determines that the proposed antenna type will (a) not result in any undue impact beyond the antenna type shown in the submitted plan described in Condition 1 and (b) meets all other relevant requirements of Section 232 of the City Zoning Ordinance. 6. A solid fence, including the gate, shall be installed in lieu of the six foot chain link fence located around the tower and shown on the submitted site plans entitled, "T-Mobile Northeast, LLC; Site Name: Edison Self Storage RL; Site Number: VA60573-B; Site Address; 1744 General Booth Blvd., Virginia Beach, VA 23454, City of Virginia Beach", prepared by Allpro Consulting Group, Inc., and last revised March 25, 2009. Barbed wire shall T-Mobile North East, LLC/Edison Lane Storage Associates, LLC Page 3 of 4 not be permitted on any fencing on-site. 7. Communication tower landscape requirements, as identified within Section 232 of the Zoning Ordinance, shall be waived. A landscape strip a minimum of 10 feet in width shall be located between the southern right- of-way line and the adjacent drive aisle curb line. A landscape strip a minimum of 10 feet shall also be provided along the southern 32 feet of the eastern property line and the property line just west of the tower. Category IV evergreen landscape material shall be provided within said landscape area. ^ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: PSlanning Department City Manager: ~ . V~~ 18 April 14, 2010 Public Hearing APPLICANT: T-MOBILE NORTH EAST, LLC PROPERTY OWNER: EDISON LANE STORAGE ASSOCIATES, LLC STAFF PLANNER: Leslie Bonilla REQUEST: Conditional Use Permit (communications tower) ADDRESS I DESCRIPTION: 1744 General Booth Boulevard GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 24154380590000 PRINCESS ANNE Approximately 4 acre site 70 to 75 d6 DNL 1,200 S.F. lease area The applicant requests a Conditional Use Permit to allow SUMMARY OF REQUEST construction of a wireless communications tower and related equipment on a site that currently houses amini-warehouse facility. The proposed monopole tower is 139 feet tall (including a four foot lighting rod), and holds flush mounted antennas for at least three separate wireless carriers. The site is bordered on the north and west by retail uses, to the east is vacant land and to the south is Edison Road and agricultural uses. The tower is situated within the southwestern corner of the site, 30.2 feet from the southern property line and 35.10 feet from the eastern property line. A 200 square foot compound enclosing the tower is bounded by an adjacent mini-warehouse building to the north and asix- foot tall chain-link fence with three strands of barbed wire situated on the south, east, and west sides of tower. The adjacent 1000 square feet mini-warehouse building may be leased by T-mobile and up to three future carriers to house communication tower ground equipment. The applicant requests a variance to allow one row of plantings along the southern property line and a portion of the eastern property lines in lieu of the required three rows of landscaping, as there is limited opportunity to provide landscaping on-site. - .g: ~;Lx:-~ r _ ,. - i~ T-MOBILE NORTH EAST, LLC / EDISON LANE STORAGE ASSi3ClATES, ~.LC Benda Ite~ 18 ~, Page 1 LAND USE AND ZONING INFORMATION EXISTING LAND USE: Mini-warehouse facility SURROUNDING LAND North: . Shopping center and retail uses / B-2 Community Business USE AND ZONING: District South: Single-family residential / AG-1 & AG-2 Agricultural Districts East: . Vacant and unimproved land / AG-1 Agricultural District West: Retail uses / B-2 Community Business District NATURAL RESOURCE AND There are no known significant natural resources or cultural features CULTURAL FEATURES: associated with this site. IMPACT ON CITY SERVICES There are no expected impacts to City services. Recommendation: EVALUATION AND RECOMMENDATION Staff recommends approval of this request with the conditions below. Evaluation: The proposed communications tower provides a needed service to the community and has been designed to accommodate at least three carriers. With the addition of the T-mobile antennae, service inside buildings is enhanced for the adjacent Upton and Ocean Lakes communities. Coverage maps are provided on page 10 of this report. Cover maps provided within this report specifically identify how and where service will be enhanced. City of Virginia codes will ensure that the proposed communications tower provides service in a safe manner. As required by Section 232 of the City Zoning Ordinance, the applicant has submitted a certification from a professional engineer licensed in Virginia, under seal, indicating that the proposed operation at site would not result in excessive levels of radio-frequency energy to public as defined in the Federal Communications Commission (FCC) Rules and Regulations, specifically 47 CFR 1.1307 and that T-Mobile's proposed operations is completely compliant with FCC Rules and Regulations. The applicant is further required to satisfy all building codes to ensure the structure is constructed adequately. The proposed location of the tower is also in accordance to Section 232(8)(1) of the City Zoning Ordinance which stipulates that no communications tower shall be located closer to an existing residential structure than the distance equal to 125 percent of the total height of the tower and antennae. In this application, the provision would require that the tower should be at least 173.75 feet from any residential structure. The closest residential dwelling appears to be approximately 175 feet from the tower,....:. _ Y Ii ,'t . - _ I: ~ ., r. I _ f ~ s_ I I ~~. T-MOBILE NORTH EAST, LLC / EDISON LANE STORAGE ASSOCIATES, ~LC Benda Iterra ~ 8 Peke 2 .~ t. ~.~ x _ . The proposed tower, however, does not satisfy the landscape requirements of the Zoning Ordinance. The applicant requests a variance to the landscape regulations which require at least three rows of landscaping around the tower. The site currently has a variable landscape area along all property lines immediately adjacent to the tower. The variable width of that landscaped area ranges between four to seven feet. Within the conditions listed below, staff recommends that a landscaped area of at least 10 feet with Category IV landscape material be required. Category IV landscape material will provide a sufficient buffer between the proposed use the adjacent agricultural properties in lieu of the Zoning Ordinance communications tower landscape requirements. Overall, it is staffs opinion that the proposal would provide a needed service to the community and is not intrusive to the visual aesthetics of the community with the conditions listed below. Staff therefore recommends approval of the requested variances as part of this request and further recommends approval of the requested Conditional Use Permit subject to the conditions listed below. CONDITIONS 1. The tower shall be constructed substantially as shown on the site plans entitled "T-Mobile Northeast, LLC; Site Name: Edison Self Storage RL; Site Number: VA60573-B; Site Address; 1744 General Booth Blvd., Virginia Beach, VA 23454, City of Virginia Beach", prepared by Allpro Consulting Group, Inc., and last revised March 25, 2009. This site plan has been exhibited to City Council and is on file with the Department of Planning. 2. The tower including antennas and lightning rod shall not exceed 139 feet in height. 3. In the event interference with any City emergency communications facilities arises from the use of this tower, the user(s) shall take all measures reasonably necessary to correct and eliminate the interference. If the interference cannot be eliminated within a reasonable time, the user shall immediately cease operation to the extent necessary to stop the interference. 4. Should the antennas cease to be used for a period of more than one year, the applicant shall remove the antennas and their supporting tower and related equipment. 5. The Director of Planning may allow the installation of a type of antenna different from that shown on the plans described in Condition 1 if the Director determines that the proposed antenna type will (a) not result in any undue impact beyond the antenna type shown in the submitted plan described in Condition 1 and (b) meets all other relevant requirements of Section 232 of the City Zoning Ordinance. 6. A solid fence, including the gate, shall be installed in lieu of the six foot chain link fence located around the tower and shown on the submitted site plans entitled, "T-Mobile Northeast, LLC; Site Name: Edison Self Storage RL; Site Number: VA60573-B; Site Address; 1744 General Booth Blvd., Virginia Beach, VA 23454, City of Virginia Beach", prepared by Allpro Consulting Group, Inc., and last revised March 25, 2009. Barbed wire shall not be permitted on any fencing on-site. 7. Communication tower landscape requirements, as identified within Section 232 of the Zoning Ordinance, shall be waived. A landscape strip a minimum of 10 feet in width shall be located between the southern right-of-way line and the adjacent drive aisle curb line. A landscape strip a minimum of 10 feet shall also be provided along the southern 32 feet of the eastern property line and the property line just west of the tower. Category IV evergreen landscape material shall be provided within said landscape area. ~ -" . ~_: T-MOBILE NORTH EAST, LLC / EDISON LANE STORAGE ASS~CIATES,.~LC '~` .. ,, _. ±Ac~enda Item 7 8 Page 3 ~~' 6 i ,\ . . 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. T-MOBILE NORTH EAST, LLC / EDISON LANE STORAGE AERIAL OF SITE LOCATION T-MOBILE NORTH EAST, LLC / EDISON LANE STORAGE ASSOCIATES, LLC a4genda Item 18- Page 5 PROPOSED SITE P~A~1 T-MOBILE NORTH EAST, LLC / EDISON LANE STORAGE ASSOCIATES, t_LC ~4genda Item 18 Page.6 -.,_., ,~P,T ENLARGED PROPOSED SITE PLAN T-MOBILE NORTH EAST, LLC / EDISON LANE STORAGE ASSt)CIATES, `LLC :Agenda Item 7 8 Page 7 STAFF RECOMMENDS A MINIMUM 10 FOOT WIDE BUFFER WITH CATEGORY IV LANDSCAPE MATERIALS ALONG THE SOUTH PROPERTY LINE AND THE SOUTHERN 32 FEET OF THE EAST AND WEST PROPERTY LINES CLOSEST TO THE TOWER. PROPOSED LANDSCAPE PLAN T-MOBILE NORTH EAST, LLC / EDISON LANE STORAGE ASSOCIATES, LLC Agenda Item 18 Page 8 ~, M,~~,< ,ac nvs, a ecru ~ rata y~ T, ~ as r,uaa ~ ~~~a rx: '. fCtAd..ti>M Shk. K lt+U! R~KU' ~{sit. ` q a~' . ! r i ao, h 4 mma s...... ., _._ s '. r' ti > -'rf ~_ (i ~ l~.il*~ ~ 3R1~Pt"~:. ~--ii78®.- atTCka i~ ~. r A i v ~,.~rJ ... -d"t ~_~' ~ k. '~~ C .. ,~i...jjjiii s. ~ -ar ,_ ... ._ ,. ~ t:r ......_..m...._...... _ _ ;; ~"E. _.. t~'-.. zk grin., ~ Yom:'. '?4~ N"#M1a~~+, t!: PROPOSED BUILDING ELEVATION T-MOBILE NORTH EAST,.. LLC / EDISON LANE STORAGE ASSOCIATES, LLC Agenda Item ~ 8 Page 9 5~~~ cov~raae COVERAGE MAPS T-MOBILE NORTH EAST, LLC / EDISON LANE STORAGE ASSOCIATES, LLC Agenda Item 18 Page 10 # DATE DESCRIPTION ACTION 1 06/10/03 06!10/03 Zoning Change (AG-1 & AG-2 to Conditional B-2) Conditional Use Permit mini-warehouse Granted Granted 2 02/24/04 Conditional Use Permit motor vehicle sales Granted 3 08/13/91 Zonin Chan a AG-2 to B-2 Granted 4 08/13/91 Zonin Chan a O-2 to B-2 Granted 5 01/12/99 Conditional Use Permit automobile re air Granted 6 09/09/97 Conditional Use Permit church addition Granted 7 06/27/96 06/25/96 11/09/93 Modification of Conditions Zoning Change Modification of Conditions Granted Granted Granted ZONING HISTORY T-MOBILE NORTH EAST, LLC / EDISON LANE STORAGE ASSOCIATES, LLC .Agenda Item 18 Page 1 ~ ~tSGLOSURE STATEMENT APPLICAt~IT OISCLQSURE If the applicant is a carparation, partnersh~, firrrt, business, or other unincor~ratarcl organization, complete the ft~lk3vvirtg; 1. Lkt the appl~ant name folknt~ti by the nan~s of all officers, members, trustees, partners, etc. below: {Attach list if necessary] T. Mobile N~theas! t1C sae attached 2. List a~ businesses that have a paren#-subs~iaryt or affiliated business entityZ relationsh~ with the applicant: (Attach fist if necessary) Right (oast Consulting Co. - BN! t;ambrell (pres~rst} F.C.i, Towers inc. Bart Sinanis (~} D Check here if the applicant is NOT a corporat~n, partnership, firm, business, or other unincorporated organization. PRClPERTY 01KNER DISCI.©SURE Cora7plete this section r~nly if property owner is difl~erent from applicant. If ttte property owner ~ a corporation, partnershq~, firm, business, ar o#l'rer unincorporated organization, complete the foNowing: 1. List #te pr~erty owner name followed by the narnes of al! offers, memtsers, #rustees, partners, etc. below: (Attadt list if necessary) 2. List all businesses that have a paren#-subsidiary' ar affiliated business entity reia#onship with the applesant; (Attach fist if necessary} Q Check here if the property owner as NOT a cc~poration, partnership,. firm, business, or other unincorporated organizaton. see next ~e far fo~notes [}oes an official or employee of the City of Virginia Beau have an interest in the subject land? Yes No ~ If yes, what iS the name of tfi+s official ar employee and the nature of ttweir Interest? t use ,4ppticat ~ee~ac~ rr~ 0 E--~ w w t!~ i~ r~--~ ~..3 DISCLOSURE STATEMENT- T-MOBILE NORTH EAST, LLC / EDISON LANE STORAGE ASSC-CIATES, LLC Agenda Item 18 Page 12 z 0 c~ w w z 0 0 U Ganedtiars~ use Permit. ear, gape 4t7 W 1i) Revtseci 7f312lX}T DISCLOSURE STATEMENT T-MOBILE NORTH EAST, LLC / EDISON LANE STORAGE t3~SCLOSllRE STATEME1~tT Aoorric~NAt. alscl_ostt~s :List all known contractors or businesses that ham or will provide services with respect to the requested property use, irx~uding but not tirnited ~ the provers of archite~ral services, real estate services, financial services, atcountir~ services, and legal services: {Attac~i lit if net~essary} NtA "Pareni-salary r~#ianshp' means `a reiaaonst~p t exists n one ~~ directly ~ indirectly owns shares p~sessing more than ~ perspertt of the voting power of another COrpQratlon." See State arxl Local C~avemrrs3nt Confli# Of lrtlerests Act, Va. Cade § 2.2-311. 2 `Affiliated business entity relationship` means "a relationship, other than parent- sub~d~y relationship, that exits when (i} one business entity has a cxxitrol€ng ownership interest in the outer busltt~s erttitty, (ii} a cxuttro owner in ors er>tlty is also a c:crtttroling owner ~ the other e~tlty, or {iii) there ~ shared management or control between the business entitles. Factors that should be considered in deterrrwtring the existence ~ an affdated business ersity relationship include that the same persart or substantially ttte same. person own or manage the two entice; there are cemman or commiesled funds or asseffi; tt~ business enkdes share the use of the same offices or ~rtployees ~ ott~arwise share activities, resources or personnel oft a regular basis; or there ~ otherwise a dose wtsrtang relationship between the entities." See State and Local Government Coitflid of Interests Ad,11a. Code 2.2»3141, CERTIFICATK3N: l oer6ty that the inforrnatian c~ttairued Herein ~ true and accurate. I understand that, upon receipt at rxstifcatiort tpostcardj that fire a has been scheduled #ar public herring, l am neapansible ~ obtaining and pasting the required sign an the subiect property st least 3{l trays pr~r to the scheduled pubkc hearing sccardiru8 ~t tlue a+structions in this package. The unders~ned else cxxrsents ~ entry upon the su ' apertY by ernplayees of the t~arbr~ant of Flannir~g to ph~agraph crud view the site of processi~ and evalusatihng this ap~ication, YV3II4am Garnt, Agent #ar T-Ma ~l AppiicanYs S' re Prartt N Prap~ty C?arner's Si~ature {it different than :applicant) Print Marne ASSOCIATES,. 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T. ..-! . - , 1 . ,,LF-, . ' gR~.. ~• : . .ud„r, ,,.. a, ' gar: i .. 'l i[i. k ':t, t ~ I _ its-=.. I tI,^.-. ..J .... i - -. . . i..- .. .". ~ .'.li1~:t r +~'~3{, titer ~ I .. . . : i, ne 6 LEASE T-MOBILE NORTH EAST, LLC / EDISON LANE STORAGE ASSOCIATES, LLC ::.Agenda -Item 18 Page 14 ~tEiu~u.a~ui ?si tit i,t..~5t: ~.:~.r~'cF';~ra'"~. .., Zal~-i3&t159U~th'~ 2~r.,..~n., ~ .~.qr,t. ~.,..i~ C , 1?~ ~ I.I ! ~ r ~ ~ , ;~` r 7 _ . ~° :, "T~cna t...~ ~>~t,and£~,. _; I ~ t >,;h~a~' I ~,C, s lki~~sas ~ t ' _ ~ ,t.._ ~~ i.. (9~.: i:.. F f ~ :~^. .,, c. .._ l.. f l~. r. ~ .. :. -. t 1T~ -. .. « l,C'l~SL ~#s5 :.-' :. T+'~'e 41aa ~c} i#'f#z~17t~ CiY ~A~fi~e°*a1}~~ f1Y ~~} LT9nttt4. 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I~ELLC~R Notffry !'u~hC Commgrtwe~tt~ ~ INr Pd?0 [ 3iM Cofr~rYi4tFbpt~ Exp{a1tF dirt 39, _,~,~~~ ~ ~.2~- - ~. LEASE T-MOBILE NORTH EAST, LLC / EDISON LANE STORAGE AS30CIATES, .LLC. ~4gsnda I#em 18 Page 15 p~ wi: f ", dot ; Pa~.r~~ Pnttt ~xn~i ~ .: . to ~ ~ rro. ~ S ~ ~~ ~ Item # 18 T-Mobile North East, L.L.C. Conditional Use Permit 1744 General Booth Boulevard District 7 Princess Anne April 14, 2010 CONSENT Jay Bernas: The next matter is agenda item 18. This is an application of T-Mobile North East, L.L.C. for a Conditional Use Permit for a communication tower on property located at 1744 General Booth Boulevard, District 7, Princess Anne. Eddie Bourdon: Mr. Chairman and members of the Board, Eddie Bourdon. I am standing in for Mr. Gambrell, who is in New Orleans at a conference. I'm not sure if it is the same one that Mr. Whitney is in. Karen Lasley: It is. Eddie Bourdon: So, they are down in New Orleans getting educated? All of the conditions that are in the staff recommendation for approval is acceptable, and appreciate being on the consent agenda. 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: The applicant requests a Conditional Use Permit to allow the construction of a wireless communications tower and related equipment on a site that currently houses mini warehouses. It will be a monopole tower. The site is bordered on the north and west by retail, and the east side is vacant, and the south is adjacent to Edison Road and agricultural uses. Tower is 139 feet tall, which includes lightening rods, the four foot lightening rods. It has been determined that there is no negative visual impact. The staff has determined that there is no opposition to this, so we have placed it on the consent agenda. Thank you. Jay Bernas: Thank you. I will make a motion to approve agenda item 18. 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 Item # 18 T-Mobile North East, L.L.C. Page 2 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 18. CUP -Outdoor A-tlsts Market (Flea Marken CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH, Conditional Use Permit, outdoor artists market (flea market), northeast corner of Parks Avenue and 19 Street. BEACH DISTRICT. MEETING DATE: May 25, 2010 ^ Background: The applicant requests a Conditional Use Permit to allow use of the site for an outdoor market promoting local artists and their artwork. The market will consist of 'stations' distributed throughout this site, providing space for 25 to 30 artists to market their work. ^ Considerations: The organizers of the market are proposing operation of the market on the first and third Saturday of every month from May through September; however, as the market becomes more well-known, the schedule may become weekly instead of biweekly. The hours of operation are proposed as 8:00 a.m. to 1:00 p.m. Parking is available on the south side of 19th Street within one of the 'pods' of parking for the Convention Center. The market is being located in close proximity to the Old Beach Farmers Market, which is one block to the east, with the hope that each market will complement the other and contribute to the success of the other. Staff recommends approval of this request with the conditions below. The addition of a second outdoor market to this area of the Oceanfront Resort Area is consistent with the Comprehensive Plan's recommendations for this area, particularly the introduction of activity along 19th Street that will increase pedestrian movement along the street and the encouragement of activities that "develop synergies between the cultural and commercial life, the recreational and natural life, and an overall focus on drawing residents and visitors into the area," (p. 2-26, Policy Document). 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: City of Virginia Beach Page 2 of 3 1. Operation of the market shall occur only once per week, on Saturday, between 7:00 a.m. and 6:00 p.m., during the months of May through September. The market may also operate a special `Holiday Market' on one Saturday in November and one Saturday in December. 2. 1"rash and recycling receptacles shall be located at the entrances/exits to the market, and at other locations on the site as determined by the operator of 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. 3. Parking for the market shall not occur on the site, but shall instead occur within the Convention Center parking areas on the south side of's"' Street. 4. The only items to be sold at the market shall be works of the artists who are provided a space within the market area. 5. T'he Zoning 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 Planning Department staff, who shall recommend appropriate action to the Planning Commission and City Council. ^ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: ~ .~~3., nraN ~a of ~seacn RT3 , ~ , ;/- ~ ,9°'"'~ RT3 - ., ~- a ~ _ RT3 ~ .'1 f u ` n1 CUP -Outdoor Artists Market (Flea Marker) 10 May 12, 2010 Public Hearing APPLICANT AND PROPERTY OWNER: CITY OF VIRGINIA BEACH STAFF PLANNER: Stephen J. White REQUEST: Conditional Use Permit (Outdoor Market for Artists) ADDRESS /DESCRIPTION: 723 19'" Street (northeast corner of 19`" Street and Parks Avenue) GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 241787715800000 BEACH 27,416 SF 70 - 75 d6 DNL SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to allow use of the site for an outdoor market promoting local artists and their artwork. The market will consist of `stations' distributed throughout this site, providing space for 25 to 30 artists to market their work. The organizers of the market are proposing operation of the market on the first and third Saturday of every month from May through September; however, as the market becomes more well-known, the schedule may become weekly instead of biweekly. The hours of operation are proposed as 8:00 a.m. to 1:00 p.m. Parking is available on the south side of 19'h Street within one of the `pods' of parking for the Convention Center. The market is being located in close proximity to the Old Beach Farmers Market, which is one block to the east, with the hope that each market will complement the other and contribute to the success of the other. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Undeveloped vacant site. The site was most recently used for multi-family dwellings, which were demolished after the City's purchase of the property. CITY OF VIRGINIA BEACH - 4.~a ~ 'n~3" "'ill-,~ ; '~. ~~`~ l ~ t V .~~_~t ' ~ „ .. i{.I ~~ STS MA ET ;='~s Benda It "~~ -7 0 . ~ - ~~ ~ # ' rf~a~s ~Y ~ t~' yy ` ~, - i k:.. ~. i !.' , ~ ~. SURROUNDING LAND North: • Multi-family dwellings (apartments) / RT-3 Resort Tourist USE AND ZONING: District South: . 19~h Street • Parking for Convention Center / RT-3 Resort Tourist District East: • Multi-family dwellings (apartments) / RT-3 Resort Tourist District • Office / RT-3 Resort Tourist District West: . Parks Avenue • Virginia Beach Convention Center / RT-3 Resort Tourist District NATURAL RESOURCE AND Grasses, vegetative groundcover, and trees are located on the site. CULTURAL FEATURES: There are no known significant natural resources or cultural features located on the site. IMPACT ON CITY SERVICES The proposecl uses will have no significant impact on City services. As the site is owned by the City of Virginia Beach and is controlled by the Convention and Visitors Bureau, the organizers of the proposed market are discussing with the City the details for trash collection, traffic control (if deemed necessary), business licensing and taxation, and related issues. These issues will be resolved to the satisfaction of the City prior to any market activity occurring. EVALUATION AND RECOMMENDATION Staff recommends approval of this request with the conditions below. The addition of a second outdoor market to this area of the Oceanfront Resort Area is consistent with the Comprehensive Plan's recommendations for.this area, particularly the introduction of activity along 19~h Street that will increase pedestrian movement along the street and the encouragement of activities that "develop synergies between the cultural and commercial life, the recreational and natural life, and an overall focus on drawing residents and visitors into the area," (p. 2-26, Policy Document). CONDITIONS 1. Operation of the market shall occur only once per week, on Saturday, between 7:00 a.m. and 6:00 p.m., during the months of May through September. The market may also operate a special `Holiday Market' on one Saturday in November and one Saturday in December. 2. Trash and recycling receptacles shall be located at the entrances/exits to the market, and at other locations on the site as determined by the operator of 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. ~: ~ : ~~. r` ~ , '~ ~ i , -~ Y ~~< -:, ' ,,.; ; "4 ~~ ,. .._~ .fir. "'~ CITY OF VIRGINIA BEACH - ARTISTS MA ET `~'~ }~A9enda It ~-0 ~° .. ~ ~ < `~, 3. Parking for the market shall not occur on the site, but shall instead occur within the Convention Center parking areas on the south side of 19`h Street. 4. The only items to be sold at the market shall be works of the artists who are provided a space within the market area. 5. The Zoning 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 Planning Department staff, who shall recommend appropriate action to the Planning Commission and City Council. 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. CITY OF VIRGINIA BEACH - ~. , _ . . -. .. .;. _ ~-- I s . ` ET STS MA ~~ ; , Benda It ~ ., 7 0 E ; ~ g ~ ~ ~ , 3 ,t S - .: i . ~ . .. n" AERIAL OF SITE LOOAION CITY OF VIRGINIA BEACH -ARTISTS MARKET Benda Item 7 0 .tl Page 4 Y (~ a Qu^ Antis 's tails ( pica. ^a^ lanetr Wh #~ :~: ~, ISC' 19~h street n ~7 Old beach artists market draft "s' layout 12S' PROPOSED SITE PLAN CITY OF VIRGINIA BEACH -ARTISTS MARKET Agenda Item 10 Page.. 5 92' Temporary Restroom 1 07/05/2000 Use Permit off-site parkin Granted 2 02/09/1993 Use Permit skateboard ram Granted 02/09/1987 Use Permit retail -water sports sho Granted 3 11/19/1984 Use Permit (multifamil dwellin s Granted 4 11/22/1988 Chan a in a Nonconformin Use Granted 5 04/14/2009 Use Permit seasonal outdoor farmers market Granted ZONING HISTQl~Y CITY OF VIRGINIA BEACH -ARTISTS MARKET Agenda Item 10 Page 6 DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have aparent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ^ Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have aparent-subsidiary' or affiliated business entityZ relationship with the applicant: (Attach list if necessary) ^ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. ~ `See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes ~ No If yes, what is the name of the official or employee and the nature of their interest? Glut-~ Gol/t•lGll, tS-"~G~ . Conallona~ use Panne avw~a~w~ Pape 9 of 10 Revised 7f3f2007 ~-~ r~-~ F"~ ~--~ w G~-r W cn Z O I-~ ~--~ O V \" Y. .. CITY OF VIRGINIA BEACH -ARTISTS M f. --- ~enda 8~ _ S ' ~... i f b, ~; ~ ..,~ /l ~ w R,ET~ t ~. 90 ~~. age; 7 ' . ~' .1" Z O DISCI..OSURE STATEMENT M~1 V ---a r "~ w W z 0 z~ 0 V ADDITIONAL DISCLOSURES t_ist all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) ' "Parent-subsidiary relationship" means 'a relationship that a xists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation.° See State and Local Govemment 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 controlling owner in one entity is also a controlling owner in the other entity , or (iii) there is shared management or control between the business entities. Factors that should be considered In determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities `See State and Local Govemment Conflirt of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: 1 cefify that the information contained herein is true and accurate. t understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 3D days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. Appl' is ignature Print Neme ~.~. ~, Property Owner's Signature (ff df rent than applicant) Print Name ~~'c~x--~~ ~r~~•lo~ Ccnditlonal use PermN Application Pape 10 of 10 Revised 7/312007 . ~~~. -~: . ~ , • ., FK, _ 'A CITY OF VIRGINIA BEACH - ARTt~TS ._ ~4~enda +~ -; ~.; , .' . ~ MAR~ET '(. ~~ Itt 10 ; ': r _:~; ..~ ,r t ~._~,~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to amend Sections 111, 215, and 216 and add a new Section 218 to the City Zoning Ordinance, defining electronic display billboards and establishing requirements for such billboards. MEETING DATE: May 25, 2010 ^ Background: On November 10, 2009, the City Council referred an ordinance pertaining to Electronic Display Billboards to the Planning Commission for review and recommendation. Current City Zoning Ordinance provisions prohibit the conversion of traditional poster-style billboards to digital billboards. At the request of a Councilmember, an ordinance was drafted to allow such conversions with the approval of the City Council, subject to the limitations set forth in the ordinance and to the conditions of approval. The Planning Commission formed a subcommittee of three members to study the issue in greater depth. Two public workshops were held before the full Planning Commission on January 25th and February 22nd where all interested parties gave comments on the proposal. All public comments were considered at several subcommittee meetings and the subcommittee drafted an alternative ordinance, which was presented to the Planning Commission with the referred version on April 14. A summary matrix comparing the referred ordinance to the Planning Commission subcommittee's alternate ordinance is attached. A listing showing how other localities regulate electronic display billboards is also attached. ^ Considerations: In 1987, after much debate and public input, Virginia Beach made a major commitment to beautification and community appearance by prohibiting new billboards. Strict regulations governing existing, nonconforming signs were also adopted, designed to gradually eliminate all billboards. For the past 23 years, the City has put forth considerable effort to enforce the rules. The City has successfully won 16 court cases related to the billboard regulations ranging from a direct challenge of the prohibition to willful violations involving illegal repairs. Since the adoption of these regulations, 39 billboards have been removed. The City now has a total of 30 off-site advertising signs or billboards remaining. City of Virginia Beach -Electronic Display Billboards Page 2 of 2 One billboard company that owns 19 of the remaining billboards has requested a code change that will allow an existing billboard to be replaced with a new electronic display billboard. Throughout the country, the billboard industry is working to gain the right to use the electronic display technology, which enables a single billboard to be rented to multiple advertisers, significantly increasing revenue for the billboard owner. There was opposition to the proposed amendments. ^ Recommendations: The Planning Commission passed a motion by a recorded vote of 8-3 to recommend denial of the amendments to the City Council. The attached staff report presents the staff's rationale for denial of these amendments. ^ Attachments: Staff Review Minutes of Planning Commission Hearing Table Comparing the Referred and Alternate Versions Summary of Regulations from Other Localities Ordinances Recommended Action: Staff recommends denial. Planning Commission recommends denial. Submitting DepartmentlAgency: Planning Department City Managers ~ D~~ 1 April 14, 2010 Public Hearing CITY OF VIRGINIA BEACH AMENDMENT TO ZONING ORDINANCE -ELECTRONIC DISPLAY BILLBOARDS REQUEST: An Ordinance to amend Sections 111, 215, and 216 and add a new Section 218 to the City Zoning Ordinance, defining electronic display billboards and establishing requirements for such billboards. Deferred on February 10 and March 10, 2010. SUMMARY OF AMENDMENT On November 10, 2009, the City Council referred an ordinance pertaining to Electronic Display Billboards to the Planning Commission for review and recommendation. Current City Zoning Ordinance provisions prohibit the conversion of traditional poster-style billboards to digital billboards. At the request of Councilmember, an ordinance was drafted to allow such conversions with the approval of the City Council, subject to the limitations set forth in the ordinance and to the conditions of approval. The Planning Commission formed a subcommittee of three members to study the issue in greater depth. Two public workshops were held before the full Planning Commission on January 25`" and February 22nd where all interested parties gave comments on the proposal. All public comments were considered at several subcommittee meetings and the subcommittee drafted an alternative ordinance. The alternative was revised following the February 10"' public workshop and is attached for consideration by the Planning Commission. A summary matrix comparing the referred ordinance to the subcommittee's revised ordinance is attached. A listing showing how other localities regulate electronic display billboards is also attached. RECOMMENDATION In 1987, after much debate and public input, Virginia Beach made a major commitment to beautification and community appearance by prohibiting new billboards. Strict regulations governing existing, r ,. ,, '( F. CITY OF VIRGINIA BEACH`-.'BILLBOAf~DS Agenda Item 1 `, Page 1 .~? F nonconforming signs were also adopted, designed to gradually eliminate all billboards. For the past 23 years, the City has put forth considerable effort to enforce the rules. The City has successfully won 16 court cases related to the billboard regulations ranging from a direct challenge of the prohibition to willful violations involving illegal repairs. Since the adoption of these regulations, 39 billboards have been removed. The City now has a total of 30 off-site advertising signs or billboards remaining. One billboard company that owns 19 of the remaining billboards has requested a code change that will allow an existing billboard to be replaced with a new electronic display billboard. Throughout the country, the billboard industry is working to gain the right to use the electronic display technology, which enables a single billboard to be rented to multiple advertisers, significantly increasing revenue for the billboard owner. Proponents argue that electronic display billboards will look better than the existing old billboards and will be more modern and attractive. Virginia Beach's rules do not allow these nonconforming structures to be modernized. The nonconforming billboards are allowed to remain for the rest of their useful life and are gradually eliminated as they become deteriorated and obsolete. If the code is changed to allow the conversions, the new electronic display billboards will not be subject to the nonconforming sign regulations. It is also argued by the sign industry that electronic display billboards will benefit Virginia Beach because the City can use them free of charge for emergency and public safety messages such as Amber Alerts and traffic information. The City's own City Wide Traffic Signal System Upgrade Project, however, will be abetter means of getting such vital messages out to the public. Through a federal grant program, Public Works will be erecting six "dynamic message" signs at key traffic locations. The City also has 20 portable message signs that can supplement the stationary signs to handle any emergency. Our citizens are adequately served by the City's own message signs that are subject to the sole control and discretion of the City. Safety is another issue being debated. It is true that no single study has conclusively proven that a particular digital billboard was the sole cause of a particular traffic accident. Because of the number of variables involved and the impossibility of recreating all of them in a laboratory-type setting, that level of proof is impossible. Studies, however, indicate that the nature of digital billboards is to capture attention and that driver distraction can lead to traffic accidents. The Federal Highway Administration is currently conducting a study on driver distraction and the safety or impact of new sign technology on driver attention. This study will produce the most thorough and impartial report on the issue. After a number of delays, the final report is expected this summer. Several localities and states are postponing decision making on digital billboards until the results of this important study are presented. It is staffs opinion that these electronic billboards will detract from the aesthetics of the City and be contradictory to the 23 years of policy aimed at the elimination of such signage. Nineteen of the remaining billboards in Virginia Beach are located within Strategic Growth Areas where the City is focusing planning efforts, capital improvements and economic development resources to create a human scale environment with safe, attractive urban design. Electronic billboards do not fit into that picture. In conclusion, the Planning Department strongly recommends that no changes to our existing billboard regulations be adopted. Virginia Beach made the decision long ago in favor of beautification and reasonable sign control and has invested significant public resources to move forward with that vision. Staff finds no compelling reason why the City should change course. ~. 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An ordinance to amend Sections 111, 215, and 216, and add a new Section 218 to the City Zoning Ordinance defining electronic display billboards and establishing requirements for such billboards. We have a number of speakers today regarding this topic. The first speaker is R.J. Nutter. R.J. Nutter: Thank you Mr. Henley. Mr. Chairman, Mr. Secretary, for the record, my name is R.J. Nutter, and I'm an attorney representing Adams Outdoor Advertising. I've been advised that instead of my customary 10 minutes for representing a client, I only have three minutes. I'll try to be as brief as I can, but I would encourage you that given the scope of the issues involved, ask me any questions if you like, and I'll happy to try to respond. But, let me begin by saying that I want to thank you for taking this up. I know you're probably as tired of signs as many of us are. You're not the sign commission; you're the Planning Commission. And I appreciate your ordinance, and your patience to putting up probably with me, and everybody else in this chamber that remaining. Having said all those nice things, I did want to tell you that first of all, we are here. Adams is one of the larger companies in the city that owns the bulk of the outdoor advertising facilities in the city today. It is not the only. There are three others. But having said that, we wanted to look at Mr. Diezel's ordinance to you, but I wanted to let you know what this concept was all about. This was a concept, and we started out with the concept of simply doing these things. First, we wanted to keep the existing billboard ban, that has been in place for over 20 years in the city, in place without change whatsoever. There would be no new billboards built in this city period, at anytime. You may not apply for a billboard in the city. That has not changed. The second is the loss of billboards that your staff talked to you about will continue. Adams has lost 65 percent of its inventory in the last 15 years as result of the ordinances that will remain in effect, even if this is adopted. That policy will not change. Adams knows it will lose, and continue to lose billboards, not withstanding what happens to this ordinance in the future. Those ordinances will not change it. The only change is requesting that in instances, we would have a process. That is all that we're asking for you to do today is approve a process that would allow us to apply to City Council for an application for a particular location, to change the face of that sign from a single sign to a digital sign. The sign face has to be static message only. It has to meet all the criteria in this ordinance, and I would like to go to the criteria, because I see a yellow blinking light. That is giving me very little time. But I want to put in concept for you that this is a narrow ordinance. The ban stays in place. The application that this would apply would only apply to billboards that would be there because of state law, and to protect in perpetuity. The City has already identified those signs, even ones that were blown down in Item # 1 City of Virginia Beach Page 2 storms, one of them that can be replaced, and be replaced today. I see that my red light is on. I`11 be happy to address any questions that you might have. I would just like to comment on one thing. You have a staff proposal. You have a subcommittee proposal, and you have Mr. Diezel's ordinance. If I could just turn to the subcommittee's proposal, I would tell you that the biggest objection Adams has to that component Madame Subchairman, is that quite frankly, the concept that we would have to take down billboards to put up one of these features. We believe this should be incentivized, number one, by all the things we're offering back to the city in terms of access. You're going to hear from a number of speaks of how important that access is. I have letters from the Justice Department, the FBI, and USA Today, and most a recent one about the significance of this opportunity. So, briefly, that is our concern. We don't think that it is fair. We think that it should be quite incentivized. And frankly, I'm not aware of any other incidences where we require people to take something down to build something. You can allow them to improve it. When Eddie comes to you with an application for Wawa, I want to know which you're going to make them take down before you let them put up the new one. Mr. Chairman, I apologize. Joseph Strange: Mr. Nutter? Mr. Bernas has a question for you. R.J. Nutter: Yes sir. Jay Bernas: You kind of touched on it. You got different versions of the ordinance, and the one that subcommittee prepared. Is that the only thing that you're against in terms of the changes that were proposed? R.J. Nutter: There were some smaller things that are in there that we can probably work with once this goes on to Council. Let me tell you what they are briefly. We would prefer a shorter dwell time than 30 seconds. We believe 10 seconds is an appropriate dwell time. We know you are all heading in that direction, and we're cognizant of it, and we understand that. But we sure like a shorter dwell time. The second thing is that you got your limitations on your lighting. Not in terms of the digital but pixel. We're fine with that. We're fine with monopole. We're not sure between 5,000 and 7,000 nits, what the right number is. I think what we're going to propose is to work out a testing period where we try a certain strength for a certain period of time, and test that out. Those are the other issues. But otherwise, the bulk of it we find acceptable, because it allows a by-right applicant to come in, not by-right, it has to be approved by Council. There are no limitations on exactly where it is. Council can make that determination. There are good and bad locations. SGA's are good and bad locations on certain streets in the city. So, it is question of we're letting Council make that decision on a case by case basis. I hope that answers your question Mr. Bernas. Joseph Strange: Are there any other questions of Mr. Nutter? Thank you Mr. Nutter. R.J. Nutter: Thank you very much. Al Henley: The next speaker will be John W. Wilson, Jr. Item #1 City of Virginia Beach Page 3 John W. Wilson: Members of the Planning Commission, my name is John Wilson. I'm currently serving as a Division Chair here in Virginia Beach for the Hampton Roads Chamber of Commerce. I come here today representing the Chamber's position on this particular application, that we are in favor of it, and it is an application that our membership has studied, and our Board studied it. There are a couple of reasons why we're in favor of this. Most of our members are already currently advertising this particular form of medium, of billboards, and there is a waiting list from some of our members that would like to use this medium. One of the things that become very attractive to us about this particular proposal is the ability to actually upgrade some of the existing signs from an older technology to this new digital technology, which would afford our members the opportunity, some estimates are as many as 5 or 6 different companies could share the advertising on one digital board, which would certainly open up the field for some of our additional members to be able to advertise. The other reason why we are in favor of this it'is going to be an improvement to the existing sign structure that we see out there. There is, obviously, a finite number of billboards, as you already heard from Mr. Nutter. This applicant is not asking to increase the number of billboards. They're not asking to make them any larger. They're just asking for them to be modernized so it will afford our membership, and people from the Chamber of Commerce to be able to have another medium of advertising. It's one they would like to take advantage of, and it's been of course, very static and controlled in the city for many years, and this would be an opportunity for us to pick up a few additional. They are not asking for these particular billboards that go to a digital technology to have any kind of full motion. There is not going to be any animation. No flashing lights. No scrolling. None of the things that can be considered very distractive to drivers coming by, they are just going to be able to display a static message. As you just heard over a period of time of 10 seconds or more, they would then be able to change that message for that particular advertiser. So, we're in favor of that as well. I would like to see you all take very seriously this application as a way to modernize our billboards, not to get rid of them, but also not to expand them. It is a very happy compromise position, I believe for the City to take, that we're not going to have any more but were going to make the ones that we have, at least a few of them better. So, the Chamber of Commerce is in support of this. I would like the Planning Commission to support the business community, but also be in support of this application as well. Thank you for your time. Joseph Strange: We have some questions for you Mr. Wilson. John W. Wilson: Okay. Joseph Strange: Okay. Mr. Bernas? Jay Bernas: Just a quick question. Representing the Chamber of Commerce, one of the things that I'm kind of struggling with for the billboards is the benefit? So, can you talk about what is the economic benefit for the City and the citizens of having digital billboards? John W. Wilson: Well, there are two benefits. One is economic and one is the public safety proffer that the Adams folks have given to the City, which I think should not be discounted. Being able to have a public safety message that is controlled by the City and to be able to display when an emergency situation arise, I think is a benefit to the City for all the residents, whether Item # 1 City of Virginia Beach Page 4 you're in the business community or not. I think you all should take that very serious. Speaking form the business community perspective, we know we have a finite number of these. There is a waiting list of folks that would like to be able to advertise with this particular type of medium. It's been closed to them because the contracts that Adams has enforced as well as the other companies that are in this business, they have long term contracts with some of these advertisers, so a lot of our business members that would like to be able to use this medium, have been basically frozen out of that ability to do that. If you allow two to three or how many they are asking for of these billboards to be changed into a digital technology to where you would allow five to six particular companies to be able to share cost, and the benefit of being able to advertise that is the benefit to our members, to be able to have access. Right now, they don't have as much access that they would like. Are there any other questions? Joseph Strange: Mr. Felton? Christopher Felton: Could you clarify your support? You said you support the application. We have a couple different options up there. Which one are you in support of? John W. Wilson: I have not read all three of them. The one that I was most familiar with was the one that originally came to us from Councilman Diezel. I've also spoken about the other one. I'm not familiar with the one that was just mentioned here a few minutes ago. We're in favor of what I described so far. We're in favor of having some sort of controlled timeframe for how often that message can change. And, we're in favor of the fact that the message, as it is being displayed, cannot blink, or flash, or scroll or do any of those things. So, I would have to study what it is that you're asking for Mr. Felton. I have not read that particular one. We're in favor of them being able to have the opportunity to modernize, I think it is three of these billboards. So, that five or six additional businesses would have the opportunity to advertise. That is what we're in favor of. Joseph Strange: Mr. Ripley? Ronald Ripley: From a business point of view, would you be in favor of having to remove two billboards to put up one billboard? John W. Wilson: No, we're not. Ronald Ripley: Thank you. Joseph Strange:: Are there any other questions? I have a question. John W. Wilson: Yes sir. Joseph Strange:. Not necessarily a question. Since you're with the Hampton Roads Chamber of Commerce, could you expand just a little bit briefly on why it is advantageous for the City that these businesses be able to advertise? Item # I City of Virginia Beach Page 5 John W. Wilson: Why it is advantageous to the City? Joseph Strange: Yes. John W. Wilson: Well, because businesses bring in tax revenue to the City, so if the business community has a chance to improve their cash flow, as far as additional clients coming in to their business, that is going to improve the cash flow back to the city. We're just trying to have these businesses have the opportunity to improve and expand their business, if possible. This is the way to do that with all of these different forms of advertising to get our message out. This is one form that has been very controlled, and they like to have it expanded to have the opportunity to use this particular medium. So, I would look at the expanding business opportunity as the one that would be the benefit to the City. Also, thinking of that modernization, don't squash the technology of visual display over a deteriorating look that we have today. I think this would be a better medium as well. Joseph Strange: Are there any other questions for Mr. Wilson? Thank you Mr. Wilson. John W. Wilson: Yes sir. Al Henley: The next speaker is Rob Shapiro. Rob Shapiro: Good afternoon. I'm the Public Relations Director for the American Red Cross of Southeastern Virginia serving the southside. And I'm here to represent the interest of the American Red Cross. That is my cause, but I'm also here to talk about our relationship with Adams Outdoor. We know that this is a controversy, and the Red Cross is not in the business of serving itself into controversies. Sometimes controversies find us, but we don't willingly step forward. I am here today because we have a very special relationship with Adams Outdoor. My job is to build awareness and support for the Red Cross. For our health and safety training, disaster preparedness and response, to gather volunteers, to gather donations, and especially to help prepare the community for things like hurricane season that is coming up. The only problem is that I can't spend any money to do that. 1 cannot buy advertising. The Red Cross does not allow us to spend donated dollars on advertising, so we rely on media companies to help us out, to give us space or time. And Adams Outdoor has been an incredible partner. We just want to let you know that in all aspects of my job, to get the word out, to gather support, to prepare the community, Adams Outdoor has been there, and has donated tens of thousands of dollars worth of space to help us with our agenda at the Red Cross. So, I'm here, again to represent the interest of the Red Cross, but also to give a character reference to Adams Outdoor. And, if I was to characterize Adams Outdoor, from the viewpoint of the Red Cross, I would say they are very generous, and they're committed to public service. Thank you very much. Joseph Strange: Thank you Mr. Shapiro. Are there any questions for Mr. Shapiro? Thank you for coming. Al Henley: The next speaker is Dick Olenych. Item # 1 City of Virginia Beach Page 6 Dick Olenych: Good afternoon. Thank you for letting me speak today. Joseph Strange: Would you please introduce yourself please? Dick Olenych: Sure. I'm Dick Olenych. I own Spectrum Printing. That is what I do for a living. My life though is my family. We're going to hear today about public safety. Public safety is our families. I have three children, two daughters. Public safety is their well being. Without some ability to inform the citizens of Virginia Beach when there is a need for access to information, and if we don't have that, we're limiting ourselves. Truly, there have been transgressions. There has been some squabbling. I ask you not to limit your moral obligations to each of our citizens. Please don't be myopic. Don't look at this as an ordinance alone. This ordinance protects our families, mine, yours, and everyone's out there. Please, for the citizens of Virginia Beach, please change this ordinance. Joseph Strange: Okay. Dick Olenych: Thank you. Joseph Strange: Does anyone have any questions of Mr. Olenych? Thank you for coming. Al Henley: They next speaker is James Barrett. James Barrett: Mr. Chairman and members of the Commission, my name is James Barrett. For 28 years, I regulated outdoor advertising for the State of Virginia. I retired from VDOT two years ago, and now I'm in private practice. I've been asked to come today and talk to you all about a traffic safety study that was conducted by Virginia Tech concerning digital billboards. It was entitled "Driving Performance and Digital Billboards", and it was done for the Foundation for Outdoor Advertising and Research and Education by Suzanne Lee, Belinda McClinney, and Ronald Gibbons through the Virginia Tech Center for Automotive Safety Research. The safety study was done in two different cities, Charlotte, North Carolina and Cleveland, Ohio. They used 36 drivers over a 50-mile course. They didn't tell anyone that was driving the course why they were driving it. They just told them they were looking at driver reaction to various roadside items. And, over this course, there were five digital billboards, 15 conventional billboards, and they had five itc;ms they used as a baseline, and 12 items they used for comparison studies. Over the course of this research, the final conclusion was that these digitals did not create any more of a distraction than any other roadside item that was being looked at. The way the study was conducted, they put cameras in the cars focused on the driver's eyes, and it monitored the driver's eye movement as various items were being passed by the cars. And, as I said the ultimate conclusion was there was not greater distraction from these billboards than anything else along the roadside. I also, when at VDOT, conducted an informal study of four digital billboards, one :in Roanoke, and one in Stafford County, and one in Chesterfield along I-95. I looked at any traffic accidents that might have been caused, and there were no accidents around any of these billboards. So, I thank you for your time. Joseph Strange: We have a question. Item #1 City of Virginia Beach Page 7 James Barrett: Yes. Henry Livas: You have any results on the Federal study that is taking place now. They don't have the results in but are you aware of it? James Barrett: I participated in a conference call yesterday with the Federal Highway Administration, and that study is due out, and has been delayed again. First, it was due out in April, and then, July. Now, it has been delayed until mid-Fall. Yes, I am well aware of it. And, they are using two cities. They are using very similar technology in their study to what Virginia Tech did with their study. So we won't have any results from the Federal Highway study until Fall. Joseph Strange: Are there any other questions? I have a question. Go ahead. Janice Anderson: I was just wondering. I've heard of different studies that were sponsored by different entities. Was Virginia Tech sponsored by any individual? James Barrett: It was sponsored by the Outdoor Advertising Association. Janice Anderson: Okay. Thank you. Joseph Strange: How much control did they have over that? James Barrett: They had virtually none from what I understand. I understand that several people found fault with that study because of the sponsorship. The doctor that did the research, I understand was quite upset to fmd that people didn't believe what our research proved. That is why the federal study is going on now. Joseph Strange: Would you repeat about accidents around these signs. James Barrett: I did an informal study for two years while I was at VDOT, after the digital billboard came into being, anticipating that the legislature may have questions about them. I took one billboard in the Roanoke area, two in Stafford County on Route 610, and on I-95 in Chesterfield County. And over that two year period, there were no accidents in the vicinity of those four signs. Joseph Strange: Okay. Thank you Mr. Barrett. Al Henley: The next speaker is Dan Edwards. Dan Edwards: Good afternoon. Commissioner Strange, Vice Chairman Bernas and Commissioners. Joseph Strange: Would you identify yourself? Item #1 City of Virginia Beach Page 8 Dan Edwards: I am Dan Edwards. I stand before you today as the Treasurer of the Virginia Beach Crime Solvers Board. We area 501(c)(3) non-profit entity that has several missions, all related to keeping the city safe. We communicate crime information to the community to solicit information back from them in the form of tips. We seek and receive those tips to solve crimes, and then, we pay rewards for those tips using privately raised funds to incentivize tipsters to keep our city safer. Critical to our mission is communicating information to the community in a timely manner. Crime Solvers Regional Board, we have a city board, and then there is a regional umbrella group. And that board has successfully partnered with Adams for the past two years in transmitting messages on crimes for the entire region. That process has resulted in dozens of arrests including one murder up in Hampton. The digital boards that are useD by the Crime Solvers in collaboration with Adams include boards in Chesapeake, Portsmouth, and Hampton. Virginia Beach Crime Solvers support the digitalizing of boards in a controlled manner because this collaboration with Adams will make our city safer. We ask for your support, and I thank you very much. for listening to me. Joseph Strange:: Does anyone have any questions for Mr. Edwards. Henry Livas: ~'es. Joseph Strange: Mr. Livas? Henry Livas: ~~re you using billboards that are not LEDs currently for your purposes? Dan Edwards: Yes, we are, but not very effectively. Again, timing is so important. If we can get information out, there have been some, and they have generously provided that, but the digitized information gets out soon after the crime is developed to the point where we can publish information. And that is a whole lot more successful. Henry Livas: And would you say they attract more attention? Dan Edwards: I would say that the timeliness is more function than. Again, I don't think they attract any more attention being static or otherwise. They are just simply seen but in a timely manner. Joseph Strange: Ms. Anderson? Janice Anderson: Thank you. Mr. Edwards, besides outdoor advertising, how else do you spread your word for public safety? What other media avenues do you have available do you all use. Dan Edwards: Fortunately, the Beacon is very generous, and other Landmark newspapers do publish our weekly list of bad guys. Janice Anderson: Okay. Item # 1 City of Virginia Beach Page 9 Dan Edwards: We do spend from our funds to get promotional materials out. The regional board is just finishing up a collaboration with all the police departments in the region. A deck of cards that we're going to have distributed throughout the region, which will have cold case information, and these will be distributed all over, including across the street over here in the jail. Janice Anderson: Do you think you will find someone over there? Dan Edwards: Frankly, if they see something that might spur something and they realize that all they got to do is get some information out, and do some good for themselves as well as the community. As I say, communicating our requirements, and needs relative to crimes is critical. The civilian board collaborates. We have detectives that are assigned full time to work with our board, and that is how we function. Janice Anderson: Okay. Do you all use TV, radio? Dan Edwards: We do, particularly Channel 3. Ms. Bickford was recently recognized by the entire southeastern United States for her media support. All the television stations have helped but Channel 3, and they have an ongoing spot where they talk about the crimes of the week, including Virginia Beach, as well as the rest of the region. Janice Anderson: Okay. There was some talk before about these public safety components of the proposal. How often have you used the billboard? How many times? Is it weekly? Monthly? Dan Edwards: They currently carry our messages on an ongoing basis. And, I could not tell you off the cuff how many cases over an "x" amount of months, but it is a continuing process for the past two years, and very successful. Janice Anderson: So, you're like a regular non-paying customer on their side. Dan Edwards: Yes ma'am. Janice Anderson: Okay. Thank you Mr. Edwards. Joseph Strange: Are there any other questions? Thank you Mr. Edwards. Al Henley: The next speaker is Janet Willenbrink. Janet Willenbrink: Good afternoon Planning Commission. Commissioner Strange, I'm really pleased to be here. I'm sort of sorry to be here, but I am glad that I have the opportunity, and thank you all. Joseph Strange: Ma'am, will you state your name please? Item # 1 City of Virginia Beach Page 10 Janet Willenbrink: Yes. I'm Janet Willenbrink. I reside in the Bayside area of Virginia Beach. I've been a resident here just a little shy of 40 years. In those nearly 40 years, I've seen many changes. They have greatly improved both our image for the residents, and for our tourist industry. One forward move was the deliberate banning and removal of billboards during the mid-80s. That stand was challenged numerous times, but the City's legal team prevailed every time. Now we face the possible digitalization of billboards, and God forbid that should happen. What might be next? Billboards are not beautiful. They are monstrosities. Or you might say "litter on a stick". I have nothing against advertising, only with its excesses. Sao Paulo, Brazil, fourth largest city in the world with over 8 million in population, enacted a clean city law as a necessity to combat pollution. And it started with the most conspicuous pollution, visual pollution. The}~ have banned billboards and are tearing down billboards there, and are discovering what had been hidden. They are going forward. Four states banned billboards totally. Alaska, Hawaii, Maine, and Vermont. Fifty-one cities and towns in Minnesota ban billboards. Our city received virtually nothing in exchange for pollution on a stick. I consider that unacceptable. So ask this one when you're deliberating. Where is the return for the citizens you represent? Is this something we can't live without? Will Virginia Beach be less of a city without digital billboards? Would digital billboards raise our standards as a community? No matter what you do with a billboard, isn't it still "litter on a stick?" Every single billboard is devaluation in the aesthetics of our lovely city. To allow the digitalization of billboards is surely unacceptable. Visual pollution is unacceptable. Just say no to the digitalization of billboards. Thank you very much. Joseph Strange: Are there any questions for Ms. Willenbrink? Thank you for coming. Al Henley: The next speaker is Jessica O'Connor. Jessica O'Connor: Good afternoon. I'm Jessica O'Connor, a resident of Virginia Beach for about 45 years. I'm also a past president of Virginia Beach Beautification Commission. The Beautification Commission speaks for those citizens of our community who are concerned about the protection of our environment. Our motto is "Beauty is Good Business". As I thought about what I wanted to say to you today, the first thought that came to mind was the City of Virginia Beach decided in 1987 that billboards were a blight on our city. A considerable amount of taxpayer money was spent at that time to eliminate as many billboards as possible. Yet, every two or three years, especially in election years, we have to defend the ordinance that was passed 23 years ago. Now, you're being asked to amend the ordinance to accommodate LED technology. How does this benefit the citizens of Virginia Beach? Billboards are an archaic form of advertising. LED billboards are unsightly, and a traffic hazard. If drivers are not influenced by it, as our other speakers were telling, then what's the point to the advertiser? And also, as far as these safety messages, how much information can you read in 10 seconds? I know I couldn't. I couldn't even write down the phone number. Please send this amendment to City Council with a "no" vote. Billboards were a blight in 1987, with or without LEDs, and they are a blight in 2010. Thank you. Joseph Strange: Are there any questions for Ms. O'Connor. Thank you for coming. Item #1 City of Virginia Beach Page 11 Al Henley: Our next speaker is Cheryll Klobuchar. Janice Anderson: I think you got that wrong. Al Henley: Did I mess your last name up? Cheryll Klobuchar: I'm used to it. Cheryll Klobuchar. Blame it on my husband. That is all that I can say. Good afternoon. I am on the Board of Directors for the Virginia Beach Beautification Commission. I'm the past president of the Commission, and I'm also past president of the Council of Garden Clubs of Virginia Beach. Visual pollution, sky trash, litter on a stick, the junk mail of the American highway, also known as electronic billboards. Billboard control improves community character and quality of life, which directly impacts local economics. Despite claims by the billboard industry to the contrary, community and states could enact tough billboard regulations, and enjoy strong economic growth. Billboard control is especially important for communities like Virginia Beach that depend on tourism. The President's Commission on America's Outdoors reported that natural beauty was the most important criteria with choosing a site for people to come and visit. The more a community does to enhance its unique natural, scenic, historical and architectural assets, the more tourists it attracts. Vermont has already been mentioned as a state that prohibits billboards. But when they decided to prohibit billboards, they found that their revenues increased. Tourism is up in all business areas, large and small. A Vermont country store founder, Leaman Orton, is quoted as saying, "the billboard ban provided not only a level playing field for all of us, it opened the roadways to scenic vistas, and created more than compensated publicity.". The absence of billboards in Vermont is the best billboard of all for tourist business. This man had a lot, according to the billboard companies to lose, if he wasn't allowed to have billboards. He is telling us the opposite. I can go on to tell you a number of other points, but I think you get the idea. I would also like to mention one other thing, the possible cost to the city if the electric billboards are approved. According to the Highway Beautification Act, once you put up a billboard, an electronic billboard, if we have to remove it for any reason, light rail, public purpose, roads are being improved, we have to do a cash compensation We have to replace the cost of the billboard, and we have to replace the revenues. That means that each billboard is going to cost the City of Virginia Beach millions of dollars. Do we really want to do that? I see that my time is going. Anyways, the enormous cost for these billboards to make them digital is not worth the amount of money. These are only two reasons for us to disallow the electronic billboards in Virginia Bach. I strongly urge you to following the Planning Department's recommendation to keep the billboard ordinance the way it is. Thank you. Joseph Strange: Does anyone have any questions of Ms. Klobuchar? Al Henley: Our next speaker is Nancy Parker. Nancy Parker: Good afternoon. It's a pleasure to be before you again. Thank you for this opportunity, I think. My name is Nancy Parker, and I am a 47 year resident of the City of Virginia Beach, and I sat in your seats many years ago. In order to put our feelings on this issue in perspective, one needs to approach from that of a parent with a beautiful daughter, with a Item # 1 City of Virginia Beach Page 12 special sense of style and grace named Virginia Beach. While we did not give birth to her as that was from an earlier generation of visionaries, we took our role as caregivers seriously, knowing that future generations would judge us by the qualities we instilled in our daughter. Just as it takes a village to raise a child, it takes thousands and thousands of citizens, concerned citizens over the years to create a vibrant city. Many of us have spent years caring, nurturing, grooming and protecting our daughter. It was important that she was educated, protected, have a diverse revenue portfolio, and presented a strong, self assured and uniquely sophisticated appearance. This was a community effort. There were those along the way that would have shamelessly exploited her. They had the narrow visions with their hunter's eye. They did not appreciate the energy and effort the citizens spent in creating this lovely creature. Once again, our daughter is under siege by some smooth talking business folks that have cloaked this issue with a few community service messages that would really have minimal amount of play time. The industry does not bring any real value to our daughter, only a bit of glitz of brink with no real diamonds or pearls, nothing that adds anything of substance to her persona. The electronic billboards fit very well in Las Vegas, and perhaps in Times Square but we don't need them to define our daughter. She is not tawdry nor is she cheap looking. The present billboards are a visual nuisance, but electronic billboards become a visual blight, and change the demeanor and characteristics of our daughter. We request that you support our efforts to keep your daughter strong and elegant. We request that you do not allow for the electronic billboards to become the defining moment as you enter the City of Virginia Beach. We request that you protect your daughter, Virginia Beach and deny this request, and uphold the recommendation of the Planning staff for denial., Thank you very much. Joseph Strange: Thank you. Are there any questions for Ms. Parker? Al Henley: The next speaker is Reba McClanan. Reba McClanan: Thank you all so much. I'm Reba McClanan, and I'm not being paid by anybody. I sometimes wonder with all the meetings that I've attended here recently. It is a pleasure to be here. And I appreciate all the effort that you all have put in on this. I also appreciate the staff. I'm here, and we have several people here. We left a meeting of the Council of Garden Clubs to make sure that we got down here. The Beautification Commission, of course has several people here. We know that you are in the process of listening to us, and to many other people. We appreciate that. I am here and my support is the same as it has been in the past. I thought the Planning Department report and recommendation was very well done. I support what they have said to you. It seemed to me they did a great job of research, and have given you the information, and I hope you will continue that stance. I've traveled, and I am sure most of you have travelled more than I have in many other places, but it doesn't seem to me that no matter what country, what state or what place, you find them. When you look down the list that has come from the Planning Department, and you look at the kinds of cities, and where we want to be, and where we want to go, where we've been, and where we are, it is what we're about as a city, and if we want to be what we want to be, and I heard some of the comments about the region, and working. We're not quite the same city as our fellow cities in the region. And, I think we have to remember that. Sometimes it is easy to forget who we are, and that who we are is what makes us. I don't think I have to elaborate. Some of these other people have more Item # 1 City of Virginia Beach Page 13 comments, and we appreciate you listening to us. And, if you have any questions or if you have any comments, you have been very patient. You have received a lot of letters from me. Like I said, I've cut down a lot. I do like you but 1 don't want you to be bored by being here. These other people with me are the citizens that have done a great job. Thank you for taking your time because I know I realize I have taken mine. You have put far more time in. Thank you so much. Joseph Strange: Are there any questions for Ms. McClanan? Thank you for coming. Al Henley: The next speaker is Pat Bridges. Pat Bridges: Good afternoon Mr. Chairman, friends and members of the Planning Commission. Some of you drive down Bonney Road, as I do occasionally, and I suspect all of you have at least once or twice. There is a collection of billboards adjacent to Bonney Road, and each time that I've noticed the messages on these four billboards, and the message each time is repeated, "this space available." That message has been there for weeks. It has been there for months. It has been there for many years. So, are billboards essential? Probably not there. I happen to concur with the Beautification Commission motto "Beauty is Good Business." And you heard that previously and I repeat it. We have had a lot of influx of visitors and tourist who repeat consistently that this is such a pretty town. You take pride in the City of Virginia Beach. And partly this is because of the reduction of outdoor advertising, the blatant profusion of advertising that has been reduced in the last few years. We would like to suggest that this is a good trend. One comment I would make relative to this is that if you do send this proposed legislation to City Council, it now says that there should be an application of $400.00 per applicant. I suggest that we add another decimal point and zero and say $4,000.00 would be a lot more appropriate, if you're going to send this to Council. It is possible that Council and the City Manager might find that part appropriate. My light is on. Thank you. Are there any questions? Joseph Strange: Are there any questions for Mr. Bridges? I thank you for coming Mr. Bridges. Al Henley: The next speaker is Judy Connors. Judy Connors: Let me introduce myself properly this time. The other time I wasn't sure if I was out of order. My name is Judy Connors, and I thank you for the opportunity to discuss this. And, I'm here this afternoon representing myself. I have lived in Virginia Beach, I sound like a newcomer, almost 36 years, in Ocean Park for 32 of those years. I have been active in the Shore Drive community for most of those years, and I'm here before you because I am concerned about allowing digital billboards. Of all those along Shore Drive, I don't believe any are targeted now to be digitized if we open the door to this blight on the landscape. As one exits Northampton Boulevard, just before the Chesapeake Bay Bridge Tunnel, a huge overpowering billboard is the first view one has of this city. As a visitor travels along Shore Drive with the latest enhancements in place from the Shore Drive Bayfront Advisory Committee has worked with. Others you have come. One crosses the Lesner Bridge, which is slated to be replaced, probably not in my lifetime with a beautiful new signature bridge. And the one is immediately faced with two massive billboards, and the thought of ever seeing these with flashing lights gives me Item # 1 City of Virginia Beach Page 14 nightmares. Please ban digitalized billboards from our beautiful city as so many other cities have done, and let me enjoy peaceful sleep in my old age without those nightmares. Thank you. Joseph Strange;: Are there any questions for Judy Connors? Al Henley: That was the last speaker on that particular item. Joseph Strange;: Does anyone from the City want to say anything more? Karen Lasley: I guess I can go over a couple of points. Just as it has been pointed out, the Planning Department's recommendation is that no changes to our existing regulations concerning billboards be adopted. The regulations were adopted in 1987, and we have expended a significant amount of public resources to enforce those regulations. And, it is working. When we started this program we had 69 billboards in the city, we now have 30. We see no reason to waiver from that course. We don't feel, and it is city staff's position, that we don't feel these digital billboards are necessary for public safety or emergency messages. Through a Federal grant, we have our own program where we will be erecting 6 electronic message signs at key intersections in the city, and we have another 20 portable message signs that can be used in an emergency. The advantage of our signs is that they would truly be used for public service without the commercial advertisements. We don't feel that digital billboards will help beautify our City. They are brighter. They are more intense. They are more intrusive. They rotate different comrriercial messages. They are harder to ignore. They are distracting. Public safety, you know I have a lot of literature on that. There have been studies, legitimate studies fmanced by municipalities and state localities that do conclude there is a traffic hazard, but there are just as many legitimate studies that conclude they don't. I certainly don't want to argue with this crowd about the Virginia Tech study. Safety is still debatable. A lot of localities are waiting for the federal study to come out. They feel that study is going to be the most impartial and most thorough. They are waiting for the results of the Federal Highways Study. But I think we can all agree that these; electronic billboards do not improve traffic safety in the city, and they can be distracting. The more distractions, the harder that is on traffic. Our main concern is that if a new digital billboard goes up, then the non-conforming regulations designed to gradually eliminate billboards in the city are no longer applicable. And, that billboard is not going to go away. If you have any comments or any questions for us, we're here to answer those. Kevin Hershberger, our senior Zoning Enforcement Inspector, who has worked on this project probably for 20 years, and has all kinds of records on existing billboards, is here. So, we're here to answer any questions. Joseph Strange; Are there any questions of Ms. Lasley? I have one thing that I would like for you to clarify. You said that if they put up a digital billboard then the non-conforming ordinance would no longer be applicable. You mean for that sign or all the signs? Karen Lasley: Just for that sign. Joseph Strange: Okay. I just wanted to clarify that. Are there any other questions? The hearing Item # 1 City of Virginia Beach Page 15 will be closed. It is now open for Commissioners to make any comments or discussion. Does anyone want to start? Ms. Anderson? Janice Anderson: I was part of our brave subcommittee that addressed this along with the help of Chris and Phil. And like all Commissioners, we've had several public hearings on this matter. I think we've heard loud and cleaz one position or the other. And, this is just my take on it. I won't speak for the rest of the committee. But when we first received Mr. Diezel's proposal, it was with the direction that we look at this proposal, comment on it, and comment on whether we want to have a change on the ordinance at all. So, it was a broad look at the ban on the billboards. When I first saw the ordinance, I thought that if it was Council's pleasure to go ahead and adopt a version of this plan, I would like to see something a little tighter. And, that is where we came up with the alternate proposal that our committee came up with. And, everybody has talked about the changes of taking down billboards to put up one. Now the reason why we came up with that is because we're following what other cities have done. They have considered that the billboards they have in town aze cluttered. It clutters their city. So, if you want to put up a new fancy billboard, then we're going to take some of this clutter down. So, that is kind of where we came up with that provision in there that if you're going to allow this, we're going to take some other clutter down. And, then of course, we put a longer dwell time on it to make it less distractive to drivers along the highways. So, that is our alternate version 2, which I'm happy with those provisions if one is to be passed. But my position is I really look at whether we should change the ordinance at all. When I look back at what has changed for the last 20 years or 25 yeazs, and I think Karen Lasley and staff has really reviewed it perfectly for us. Is there need for any change? I don't think so. The city back over 20 years ago decided they did not want billboard. They didn't think it was attractive for the city, and put this ordinance in that we have today that eventually phase them out, and we're taking the change on that ordinance today. As she stated, if we allow these they are going to be here to stay, at least that one. I don't know about you, but when I travel to other cities that is one of the things that jumps at me. My son goes to school at Myrtle Beach, and when I go down there, that is the first thing that I notice is wow, look at these billboazds. It is not wow they're neat. I do think it is a distraction, and I will be supporting no change in the ordinance. I commend the billboazds when they have them now that they will put up public service messages on their billboards. I think that is great, I believe the phase out of the billboards is the proper way to go. And, I don't see any reason to change it. So, I will be supporting no change on the ordinance. Joseph Strange: Mr. Redmond? David Redmond: Thank you Mr. Strange. My position is a little different from Jan's. I believe the alternate version is a substantial improvement, in some ways over the initial draft that we received. I believe the most important issue with regard to LED technology and signage, whatever kind of signage you're talking about, is the dwell time. In everything that we've looked at, and we've looked at static images on the face of whatever the sign is. And, what's left that would provide that kind of flashing or the distraction that would cause either a public safety hazard or real denigration of our aesthetic beauty, which is substantial. And, when you get down to the issues, the most important thing we ghave to look at, it seems to me is the dwell time. I think earlier when we looked at a somewhat different issue, we looked pretty hard at dwell time., Item # 1 City of Virginia Beach Page 16 We mentioned. before that there is no magic to how you come up with an appropriate dwell time. You just come up with what your best judgment is, and I think 30 seconds, in my judgment is a very appropriate time for a dwell time. I think that helps eliminate that flashing characteristic. I think that helps mitigate to the greatest extent possible any potential traffic safety issue, if there is any. I don't know. People will never agree on that. We did that. We eliminated the brightness in subcommittee. We put in a minimal requirement with regard to pixel pitch so that quality of the signs themselves would be of a high quality. So, what we're left with is the sign itself, and whether or not that is substantially different from what we have today. I know, when I travel around the billboards that I see that are digital in nature. You go across the Hampton Roads Bridge Tunnel, and just on your left in Hampton, there is a couple examples of them. They don't look anymore offensive to me than a static billboard with wood and paper and paint, and whatever goes into making one of those today. It doesn't look any worse to me. It does, to me, look better. In that respect, I think the structure itself is cleaner. You have one pole. You don't have a catwalk.. I mean the structure, itself just looks more like a monitor, and I think that is probably less intrusive than is the older version. So, I think it is essentially a wash in my view. I am uncomfortable though with the idea of requiring an applicant to make some sort of off-site sacrifice if they are going to avail themselves in any opportunity. We don't do that for anything else. I think our fundamental responsibility, Council's fundamental responsibility, the City's fundamental responsibility in all its public affairs is fairness. Fairness means you treat everyone the same. I don't care if you're the littlest of the little guys or the biggest brawniness of the wealthy. Everybody ought to have the same fair consideration. If someone came in here and said they wanted to apply for a Conditional Use Permit to open a bulk storage yard, we would not ask them to remove two bulk storage yards at points throughout the city, wholly disconnected from the site we're considering. We don't' ask that of other people. And, that to me, it's just not fair. A site, from a land use perspective ought to be discreet consideration of itself, and I don't think we ask people to sacrifice someplace else in our land use considerations. I don't think we do anybody. That is why I think it is unfair to do it here. 1 don't particularly care for billboards either but I still think that is unfair. I don't think it is worth throwing out our fundamental responsibility to farness. My preference would be to support the alternate version with the trade removed. It may be what other people are doing around the country, but I think it is essentially meaningless. I can't imagine that anybody is going to remove two of their physical assets, which have value for the purpose of converting one other to digital. As a tool to try and remove, I don't think that is going to work. I can't imagine them going throughout. You got nine of them and to convert three you're going to get rid of six others. I just don't see anybody reducing their inventory of assets like that. A, I don't think it will be effective; and B, I don't think it is fair to try and do it. I think we strengthened and improved the alternate version but beyond that, I wouldn't support it unless we would remove paragraph B(1), which has the trade in it. Thank you. Joseph Strange: Okay. Thank you Mr. Redmond. Mr. Livas? Henry Livas: I think we need to keep our minds on the objective, and what's going on in the past. The City made a decision in 1987 that they didn't want any more billboards. And, I certainly agree with that objective. They went from 69 to 30, from what I've been told. And, this policy was driven by community beautification and appearance advocates. They did a fine Item #1 City of Virginia Beach Page I7 job. In addition to not beautifying our city, I have a strong feeling that they do produce accidents. Anytime you take your eye off the road, get away from your texting, fixing your hair or whatever goes on in a car, it's got to be a distraction. I just don't believe. The one's that we have in existence are a distraction, but the LED will be more of a distraction. I think they attraction. I think they attract a whole lot more attention. That is why they are more valuable from a commerce point of view because it gets the message up, and more people will look at it when driving. Finally, my objection to billboards is that because our attorney tells me that because of freedom of speech laws, we don't have any ability to limit what goes on those billboards. And you may not think that is big deal right now, we already have evidence, in our society of people using billboards to promote social agendas. I don't have any problem with people selling Coke-a-Cola or Good Year tires, but I don't think the City should be involved with promoting any of those social agendas. But apparently we don't have the capability of eliminating those or having some say-so as to what goes on the billboards, as we do on our signs. At least we're suppose to limit that to what's going on at that location. We failed in that a few times. Because someone is selling coffee out there. At least we have a little bit more control of that, but apparently on the billboards we have absolutely no control. Now the billboard advocates have argued that they are going to provide this free information for traffic directions, I guess in case of disasters. But our own people say they don't need that because the city has a grant, and we will have our own information system. So, from that point of view, I would say that we should keep our eye on the ball, and if we don't want billboards and that is our objective, and that has been the city's objective for many years. I think we expended a whole lot of legal funds on pursuing that objective, then we would have to keep the regulations the way they are. That is the way I would recommend just what the staff recommended. No changes in the billboard regulation. Joseph Strange: Thank you Mr. Livas. Mr. Ripley? Ronald Ripley: Yeah, I don't disagree with what Jan said about the appearance of the existing billboards. I don't particularly like them either, and I don't specifically like going into a town and seeing a bunch of billboards. So, I think the City of Virginia Beach has done a great job in eliminating billboards. I think they should be commended. I know that Karen has been a big champion of that, and I really appreciate the work that she has done. To me, we turned this over to a committee of the Planning Commission to come back with recommendations, and I think they came back with really good recommendations. I looked at them. And, as Dave suggested, with the idea of having to remove property to put up other improvements, and I do object to that quite frankly. That is a fairness thing. I served on the Commission a couple of terms. It is another term here. I've never seen it done. I've asked the question has it ever been done. And, Jack Whitney says he doesn't think it had been done. I see that as something that we shouldn't depart from requiring something from another location to be removed or something done with it to comply with an application that is going on in a separate location. You know, I look at the public benefit, and that was really the first thing when I became aware of this, that became of interest to me, which made a difference here. I think the ability for the city to be able to modify and put their message up. I realize that the City is going to have other locations, and I think that is good. I'm glad to see that but it maybe this one location might make a difference with saving some lives that the other locations don't cover. It is not like we have a proliferation of Item # 1 City of Virginia Beach Page 18 billboards. There are no more billboards being built. There is no way to do any more new billboards. Sa, it is really an improvement of a few that occur within the city, and the one's that I've seen, and I've seen the same ones you are mentioning Dave over on the peninsula. I didn't find them objectionable. Let's put it that way. I think the additional conditions you have in here about landscaling and making sure that the landscaping is around and neat around those signs by the first growing seasons, I think there has been some very good detail and attention paid in this recommendation here. The one thing about, and I've tried to wrestle with what Karen brought up where we have non-conforming uses. There are provisions which they can be removed. This is not going to be where everyone can make it happen. It is going to be by approval of Council. And, I think this is such a sensitive issue, that it is not going to be that every sign gets approved. I think it is going to be specific signs at specific locations. It is really going to have to meet the test of everything that is in the ordinance. So, I'm going to support the ordinance, the recommendati~~n of the alternative version. But I'm going to support it with the removal of the provision that :Mr. Redmond mentioned, which is Section B(1). I would like to make a motion when we get to that. Joseph Strange.: Thank you Mr. Ripley. Mr. Russo? Philip Russo: There has been mentioned that this is a new technology; the digital billboards. I really see this its a modification to items, which are at the end of its productive life cycle, as I see it. It appears to me that the technology is going in a different direction, actually a myriad of different directions. And it seems like the information flow is through other means. Not through enhanced or through new types of billboards. It's through other items such as cell phones, laptops, whatever. So, I really see the digital billboard being at the end of the product life cycle. I've heard the advantages of safety. I've heard the issue of distraction that this is a public safety avenue versus the possibility of distraction. Quite frankly, I'm not sure and I think the argument could be made both ways. I don't really see the efficacy on either side. Brightness and pixel pitch? I don't :gee as the major issue in this case. It's the existence of the board itself, which is the issue. Now the City made, what I feel was a forward position years ago to beautify our city, and I feel it worked. There is discussion about the effects on the business community. Quite frankly, I think we're a domestic product has increased since themed 80s when this decision was made. So, I don't think that we can fear a loss of business if we continue on with the current course. I also feel that we're probably a safety community despite the fact that we don't have as many billboards in our area as we did back in the 70s and early 80s. So, I do feel that we do have to continue on with the vision. I think it was a good vision, and I would support continuing on with the ordinances existing. Joseph Strange: Thank you Mr. Russo. Mr. Bernas. Jay Bernas: I would like thank our subcommittee. I think they did an excellent job on the alternate version. Unfortunately, I'm not going to support any change to the ordinance. I think the Beautification Commission made some very compelling arguments. The thing they were calling billboards. Litter on a stick. How does the city's benefit from these billboards? And that beauty is good business, and I think that makes a lot of sense. Virginia Beach is our daughter and we should take care of it. And, I can't imagine anyone driving through a city and seeing an Item # 1 City of Virginia Beach Page 19 abundance of billboards and saying that is the most beautiful thing that I've ever seen, what a great city to live in. What a great City to put in a business. So, I think they really detract from what the City is trying to do with the landscaping, and all the money we're spending on landscaping to make the city a "Community for a Lifetime". A place to live, raise your family. I really think that billboards don't add anything. What really is the benefit that billboards are going to have to my family, to our city, to our community? And, so what I try to look at is the benefit/cost. What are the benefits of billboards versus the cost? And, I think the cost of the aesthetics, and things like that just far outweigh any benefit. I can't even find a benefit to having digital billboards. And the biggest thing that I've worried about is the change of the non- conformance, Imean, once you put it in, it is there forever. And, the fact is right now, the current plan is they gradually get eliminated as they age. I think that is a great plan. So, I'm not going to support any change. Joseph Strange: Okay. Thank you Mr. Bernas. Is there anyone else? Is there any other discussion? Yes. Christopher Felton: As all of you know, I came in today undecided, and I kind of still sit here undecided on which way I'm going to go with this. As a subcommittee member, I support the alternative that we came up with, and the hours that we wrangled over those decisions, and what we put in there. And, with that being said, I can't support an option without the put up and take down clause in there. Jan can attest to, and we gave up quite a bit from the original alternative that we gave to be sure that we kept this one piece in there, and that was pretty important to most of us there. At the same time, I also agree with the other comments that the citizens and the City have worked very hard at this, and spent millions of dollars, and countless legal hours in preparation, and law suits and so forth. And, to sit here with a one second push of this button, and throw all of that away, that is where I go back and forth in my mind. At the same time, if the alternative version that we proposed is on the table in there, I can seriously think about supporting it. If the paragraph is taken out, I defmitely can support it at that point. Joseph Strange: Thank you Mr. Felton. Is there any other comments? Ronald Ripley: Can I make a motion? Joseph Strange: I would like to make comment. First of all, I would like to say that we've listen and we've all seen the same information. Each person sees the information just a little bit different okay. And, we all still think that everybody is intelligent here. Votes are not personal. You know they are never personal. Votes are never against anybody. It is never against anyone's efforts. Different people actually see the same subject in different lights, so they vote just a little bit different. When I listened to the people today, people say that beautification is good business. I believe that. Okay. I believe it does create business. The billboard people say that advertising creates business. I believe that also okay. The question then to me is where is the balance? I would like for everything that I look at to be a nice flower, a tree or a park. I would like to be surrounded by a park in my neighborhood, but I'm not surrounded by park. I am surrounded by other neighbors. Unfortunately, flowers and trees don't pay taxes. Unfortunately, flowers and trees, even though indirectly they create businesses and create money directly, they Item # 1 City of Virginia Beach Page 20 don't create money. When I see an economy like we have today where people talk about raising taxes, and raise the taxes on people's homes, and people don't want that to happen. They say, we don't want you to raise the property taxes on our homes, and I surely understand that. I don't want them to raise it on mine either. But money has to come from somewhere. Every person in Virginia Beac}i thinks that their home pays for city services, and we all know unless you own a home that is worth a lot of money, you're not paying for your city services. This money has to come from somewhere. It has to come from businesses. It has to come from people who are creating jobs in the community. So, there has to be that balance somewhere. How do we keep our city pretty and beautiful and at the same time keep money coming through the door. That is the dilemma to me in this whole thing. If I thought there was a proliferation of billboards in the City of Virginia Beach, I'd say hey we need to get rid of them, but I don't see that. For a city the size of Virginia Beach, I don't think we have an excessive amount of billboards here. Maybe to some people, one would be too many. But I think there has to be a balance somewhere, and the balance that I s;ee is the one that has come through us that we found some type of balance here, to say okay, we appreciate all the people that put all the effort into the beautification of our city. Their efforts, we applaud it. We appreciate it. Surely we don't want to do anything to make you feel like your efforts are not appreciated. But at the same token, we need jobs. We need business in the city. And, I do believe that if advertising didn't create business, smart business people would not be spending their money to advertise on them. They just don't do that. Businesses don't stay in business long if they are not smart. If they don't spend their money wisely, they don't stay in business. So, for that reason, and all the reasons that I've stated, I will be supporting the alternate version that the subcommittee came up with. I thank you for indulging my comments. Mr. Ripley? Ronald Ripley: I would like to make a motion to approve Alternate 2, which the exception of removal of Section B(1). Joseph Strange: We have a motion by Mr. Ripley to approve the alternate version with the exclusion. How did you state it Mr. Ripley? Ronald Ripley: It was Section B(1). Joseph Strange Section B(1). Bill Macali: Just to make sure it's on the record, its Section 218 B(1). Ronald Ripley: Correct. Bill Macali: There could be some other B(1)'s. Who knows? David Redmond: Second. Joseph Strange: A second by Mr. Redmond. Item # 1 City of Virginia Beach Page 21 Henry Livas: I would like to make a substitute motion that we leave the regulations as they are, and as recommended by our Planning Department. Janice Anderson: I'll second the substitute motion. Joseph Strange: The Planning Department is recommending that no changes. No ordinance whatsoever. Henry Livas: Correct. Joseph Strange: Are you seconding that motion to no ordinance changes whatsoever, not even the alternate? Janice Anderson: Not even the alternate. Henry Livas: Nothing. Joseph Strange: Okay. So, we have a substitute? Ronald Ripley: Could you repeat the motion? I am not sure that I understood it. Bill Macali: The substitute motion would be essentially to recommend denial of both versions of this ordinance. Janice Anderson: Correct. Bill Macali: Thereby leaving in place the current in place prohibiting digital billboards. Henry Livas: That is also recommended by our Planning Department. Bill Macali: Right. Janice Anderson: A motion for no change. Joseph Strange: Ayes vote is a vote to deny both versions and have no ordinance change whatsoever. Bill Macali: A denial of both versions, thereby keeping the current ordinance on the books in effect. Yes. Joseph Strange: Did everyone understand the vote? Al Henley: We vote on the second motion first. Joseph Strange: We vote on the second motion first. Item # 1 City of Virginia: Beach Page 22 Bill Macali: Right. Philip Russo: S'~o, we're voting on Henry's motion first. Joseph Strange: Exactly. Kathy Katsias: We're voting on Henry's motion? Ronald Ripley: So the vote in favor is a vote for denial. AYE 8 NAY 3 ABS 0 ANDERSON AYE BERNAS AYE FELTON AYE HENLEY AYE HORSLEY AYE KATSIAS AYE LIVAS AYE REDMOND NAY RIPLEY NAY RUSSO AYE STRANGE NAY Ed Weeden: B,~ a vote of 8-3, the substitute motion has passed. ABSENT 0 Joseph Strange: Okay. REQUESTED BY COUNCILMEMBER HARRY E. DIEZEL 1 AN ORDINANCE TO AMEND SECTIONS 111, 215 AND 2 216 AND ADD A NEW SECTION 218 TO THE CITY 3 ZONING ORDINANCE, DEFINING ELECTRONIC DISPLAY 4 BILLBOARDS AND ESTABLISHING REQUIREMENTS FOR 5 SUCH BILLBOARDS 6 7 Sections Amended: City Zoning Ordinance Sections 111, 8 215 and 216 9 10 Section Added: City Zoning Ordinance Section 218 11 12 WHEREAS, the public necessity, convenience, general welfare and good zoning 13 practice so require; 14 15 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 16 BEACH, VIRGINIA: 17 18 That Sections 111, 215 and 216 of the City Zoning Ordinance are hereby 19 amended and reordained, and a new Section 218, pertaining to electronic display 20 billboards, is hereby added, to read as follows: 21 22 ARTICLE 1. GENERAL PROVISIONS 23 24 .... 25 26 Sec.111.~ Definitions. 27 28 For the purpose of this ordinance, words used in the present tense shall include 29 the future; words used in the singular number include the plural and the plural the 30 singular; the use of any gender shall be applicable to all genders; the word "shall" is 31 mandatory; the word "may" is permissive; the word "land" includes only the area 32 described as being above mean sea level; and the word "person" includes an individual, 33 a partnership, association, or corporation. 34 35 In addition, the following terms shall be defined as herein indicated: 36 37 .... 38 39 Billboards. A sign, as defined in this aeaiag-sede section, including the 40 supporting sign structure, which advertises or directs the attention of the general public 41 to an establishment, business or service aad-wM+sla-is located on a separate site from 42 the billboard ad3re~tlses. 43 Billboard, electronic disalav. A billboard as defined in this section containing 44 light emitting diodes (LEDs), fiber oatics light bulbs alasma disalav screens or other 45 internal illumination devices that are used to chance the messages intensity of light or 46 colors disolaveci by such sign. The term shall not include billboards on which lights or 47 other illumination devices disalav only the temperature or time of day in altemating 48 cycles of not le:;s than flue (5) seconds. 49 50 COMMENT 51 52 The amendments in Lines 39-42 are intended to simplify the ezisting definition of billboard 53 and do not substantively c6aage that definition. 54 55 TLe new I:roguage added in Lines 44-49 define the term "electronic display billboard " 56 57 58 59 ARTICLE 2. GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE 60 TO ALL DISTRICTS 61 .... 62 63 B. SIGN REGULATIONS 64 65 .... 66 67 Sec. 215. Nonconforming signs. 68 69 (a) Notwithstanding the provisions of section 105(f) of this ordinance, and 70 exceat as arovicied in section 218. no nonconforming sign shall be structurally altered, 71 enlarged, moved or replaced, whether voluntarily or by reason of involuntary damage to 72 or destruction of such sign, unless such sign is brought into compliance with the 73 provisions of this ordinance. Except as provided in section 216, no nonconforming sign 74 shall be repaired at a cost in excess of fifty (50) percent of its original cost unless such 75 sign is caused to comply with the provisions of this ordinance. Any nonconfomning sign 76 which is not maintained continuously in good repair, and any nonconforming sign which 77 is abandoned shall be removed. For purposes of this section, a sign shall be deemed to 78 be abandoned iii the business for which the sign was erected has not been in operation 79 for a period of at least two (2) years. Following the expiration of at least two (2) years, 80 any abandoned nonconforming sign shall be removed by the owner of the property on 81 which the sign is located, after notification by the zoning administrator. If, following such 82 two-year period, the zoning administrator has made a reasonable attempt to notify the 83 property owner, the city through its own agents or employees may enter the property 84 upon which the sign is located and remove any such sign wherever the owner has 85 refused to do so. The cost of such removal shall be chargeable to the owner of the 86 property. Nothing herein shall prevent the city from applying to a court of competent 2 87 jurisdiction for an order requiring the removal of such abandoned nonconforming sign by 88 the owner by means of injunction or other appropriate remedy. 89 90 (b) [Not set outJ 91 92 (c) [Not set out] 93 94 .... 95 96 COMMENT 97 98 The amendment is necessary to conform the provisions of Section 215(a) to the new Section 99 218. Subsections (b) and (c) are not set out, as they do not pertain to the subject of this ordinance. 100 101 102 Sec. 216. 103 ffaRels Billboards. 104 105 (a) Except as arovided in section 218. no Ale new billboards shall be erected 106 within the city limits, effective immediately. All existing billboards shall be governed by 107 the provisions of section 215 of this ordinance. No billboard heretofore erected shall be 108 located, in whole or in part, upon improved property. 109 110 (b) Except as arovided in section 218, no Ale billboard shall be located within 111 five hundred (500) feet of an interchange, or intersection at grade, on any highway, 112 interstate or city council designated expressway (measured along the highway, 113 interstate or expressway to the nearest point of the beginning or ending of pavement 114 widening at the exit from or entrance to the main traveled way). On all other streets, no 115 billboard shall be located within two hundred (200) feet of any right-of--way of any 116 underpass, overpass, bridge or tunnel or a plaza serving such facility. 117 118 (c) Except as provided in section 218. no Ale billboard shall be closer than fifty 119 (50) feet to any property line nor located closer than six hundred sooty (660) feet to the 120 right-of--way line of any interstate or expressway designated by city council, nor closer 121 than twenty-five (25) feet to the right-of--way of any other street. However, no billboard 122 shall be located within two hundred (200) feet of any established residential or 123 apartment zoning district. No billboard shall be located upon any lot having a frontage of 124 less than two hundred (200) feet and an area of less than ten thousand (10,000) square 125 feet. 126 (d) The repair of lawfully nonconforming billboards visible from the main 127 traveled way of any interstate highway, federal-aid primary highway as that system 128 existed on June 1, 1991, or national highway system highway shall be govemed by the 129 provisions of Virginia Code section 33.1-370.2. No building permit authorizing the repair 130 of any such billboard shall be issued unless owner of the billboard provides to the 131 building codes administrator a letter from the commonwealth transportation 3 132 commissioner approving the proposed repairs. In the event the building codes 133 administrator d+~termines that the cost of the proposed repairs exceeds fifty (50) percent 134 of the replacement cost of the billboard, he shall, within thirty (30) days of the filing of 135 the bui{ding permit application, submit an objection to the determination of the 136 commissioner, together with documentation supporting such objection. A copy of such 137 objection and documentation shall be provided to the billboard owner. The 138 determination of the commissioner upon reconsideration shall be binding. 139 140 COMMENT 141 142 The amendments in subsections (a), (b) and (c) pro necessary to conform the provisions of 143 Section 216 to the new Section 218. The amendments to the catchline replace outdated terminology 144 and have no substantive effect. 145 146 147 Sec. 218. Elet;tronic displav billboards. 148 149 Subject tea the following provisions electronic displav billboards replacing existing 150 billboards on the same lot may be allowed by resolution adopted by the City Council: 151 152 La) A~rplication reauirements Applications for approval of an electronic 153 displav billboarcl shall be signed by the applicant and property owner and filed with the 154 Planning Director No application shall be accepted by the Planning Director unless all 155 required items are included Applications shall include the following items: 156 157 ~ A site plan drawn to scale showing the location of lot lines, utility 158 and other easements, abutting roadways existing structures, 159 including any existing signs and billboards on the lot. the proposed 160 location of the electronic displav billboard and containing an inset 161 location map: 162 163 X21 A landscaping plan showing the type size. number and location of 164 slant materials to be used: 165 166 3 Building plans showing the height dimensions, structural elements, 167 including supporting elements and electrical connections for the 168 proposed billboard; 169 170 L41 A cert~cation signed by an engineer licensed to practice in Virginia 171 that the proposed billboard meets all applicable reauirements of the 172 Virginia Uniform Statewide 8uilding Code: 173 174 L51 A certification from the manufacturer of the proposed electronic 175 displav billboard that the light intensity has been are-set not to 176 exceed seven thousand (7 000) candelas per square meter and 4 177 that the proposed billboard is equipped with a working control 178 device capable of automatically reducing the illumination as 17g required by this section; 180 181 ~6) A plan setting forth the protocol for implementation of the 182 requirements set forth in subsection (e). Such protocol shall 183 address the circumstances under which the city or other authorized 184 agency may display emergency and other public safety messages. 185 the frequency and duration of such messages and such other 186 matters as the city council may deem appropriate: 187 188 (7) Anv other information deemed necessary by the Planning Director 189 in order to fully evaluate the application: and 190 191 ~8) An application fee in the amount of four hundn:d dollars ($400.00). 192 193 (b) Dimensional and location requirements: 194 195 ~1) No electronic display billboard shall be greater in sign area. as 196 defined in Section 111, than the sign area of the billboard it 197 replaces: provided. however, that the city council may prescribe a 198 lesser sign area for any such billboard. 199 200 f2) No electronic display billboard shall exceed a height equal to that of 201 the billboard it replaces or such lower Height as the city council may 202 prescribe, and in no event shall any electronic display billboard 203 exceed twenty-four (24) feet in height, as measured from the grade 204 of the public street toward which the billboard is oriented, 205 206 (3) The city council may prescribe that an electronic display billboard 207 be located on a different portion of the lot from that of the billboard 208 it replaces: provided, however, that no aortion of such billboard 209 shall be located closer to any public street than any portion of the 210 billboard it replaces. 211 212 (4) No more than one (1) electronic display billboard structure shall be 213 allowed on any zoning lot, and no structure shall contain more than 214 two f2) electronic display faces. No more than one such face shall 215 be oriented in each direction and vertical stacking of advertising 216 faces shall be prohibited. 217 218 L5) No electronic display billboard shall be located in or within four 219 hundred (400) feet of an Historic and Cultural District thereof, or 220 within two thousand (2 000) feet of any other electronic display 221 billboard. 222 223 ~E~) No electronic display billboard shall be located within the project 224 study area of the Virginia Beach Transit Extension Study initiated 225 by Hampton Roads Transit in Mav 2009 226 227 lc) Illumination and disvlav requirements: 228 229 ~ 1) No electronic display billboard shall exceed a maximum illumination 230 of seven thousand (7,000) candelas per square meter from sunrise 231 to sunset or five hundred (500) candelas per square meter between 232 sunset and one o'clock (1:00) a.m. as measured from the sign face 233 at maximum brightness. No such billboard shall be illuminated 234 ] either internally or externally. at any time between one o'clock 235 (1:00) a.m. and five o'clock (5:00) a.m. except as may be 236 necessary to display an emergency or other public safety message 237 pursuant to subsection (e). 238 239 The city council may require that where the electronic display face 240 is visible from a Residential or Apartment zoning district 241 illumination cease between midnight and five o'clock (5:00) a.m. 242 243 ~2) Electronic display billboards shall be equipped with a working 244 dimmer control device capable of automatically reducing the 245 illumination to required levels in accordance with subdivision (c) (1). 246 247 X31 No electronic display billboard shall display a message or symbol 248 commonly used atraffic-control direction or warning and no such 249 billboard shall obstruct motorists' view of any street sign traffic 250 signal, street or intersection. 251 252 L~l No portion of the message displayed by any electronic display 253 billboard, including backgrounds colors lettering pictures or other 254 graphics, shall be changed more frequently than once every eight 255 (8). seconds. Moving, blinking, flashing, scrolling or pulsating 256 elements shall be prohibited. The entirety of each display shall be 257 changed simultaneously within a period of no more than two (2) 258 seconds. 259 260 U No electronic display billboard shall contain any audio speakers on. 261 or electronically connected_to, such billboard. `~~~ 263 (6) All electrical service lines providing service to electronic displa 264 billboards shall be underground. 265 266 (d~ Landscaping reauir~ements: 267 268 (1) Landscaping sufficient to fully screen supporting structures from all 269 abutting roadways at maturity and any additional landscaping 270 required by the cfi+ council shall be provided by no later than the 271 first growing season after approval of the application. 272 273 (2) All landscaping shall be maintained in good condition at all times, 274 and all vegetation determined by the cifii arborist to be diseased, 275 dying or dead shall be replaced in a timely manner consistent with 276 good landscaping practices. 277 278 fie) Public safety revuirements Electronic display billboards shall be capable 279 of displaying emergency and other public safety messages transmitted by the city or 280 other authorized agencies in accordance with the protocol approved by the city council. 281 282 jf~ Enfor+cement Noncompliancee with any of the provisions of this section or 283 the conditions of approval of an electronic display billboard by the city council shall be 284 grounds for revocation of such approval- provided however, that the zoning 285 administrator shall provide prior written notice of such violation to the owner of the 286 electronic display billboard and a reasonable period specified in such notice, to cure 287 such noncompliance prior to the institution of proceedings to revoke approval or other 288 enforcement action. 289 COMMENT 290 291 Section 218 sets lortb the requirements for applications for electronic display billboards. 292 Such billboards are allowed only as replacements of existing biUbosrds on the same lot, and only 293 by resolution of the City Council. The ordinance does not allow electronic display billboards under 294 any other circamstaaces. Specific requirements are as folbws: 295 296 Subsection (a) sets forth the information that is required as part of an applicatioa for an 297 electronic display billboard. The requirements include: 298 299 (1) A site plan; 300 301 (2) A landscaping plan; 302 303 (3) Building plans; 304 305 (4) An engineer's certification as to compliance with Building Code 306 requirements; 307 7 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 344 345 346 347 348 349 350 351 352 353 354 355 (5) A manatacturer's certification regarding certain illumination capabilities of the billboard; (t+) A plan for the City's ase of the billboard to display emergenry and other public safety messages; (7- Other information deemed necessary by the Planning Director to fully evalaste the application; and 1;8'1 A 5400 application lee. Subsection (b) sets forth the requirements pertaining to the location and dimensions of electronic display billboards. They include: (1; Restrictions on the size of the billboard; (2) Restrictions on the height of the billboard; (3) Restrictioas on the location of the billboard; (4) Limitations on the number of billboards on one lot and a prohibition of sabdividing lots for billboards; (.5) Prohibition of billboards in or within 400 feet of an Historic and Cultural District or in proximity to other electronic display billboards; and (Ii) Prohibition of billboards within the Light Rail Corridor Study Area. Subsectic-n~ (c) sets forth the requirements pertaining to the illumination and displays of electronic display billboards. They include: (}'.) Restrictions on the intensity o[ illumination of billboards and a requirement that they not be illuminated at certain times, except for emergency and other public safety messages; (~',) Requirements for automatic control of illumination; (3~) Prohibition of messages or symbols commonly used for traffic-control purposes sod of locations that obstruct motorists' vision of streets, intersections, etc.; (4) Requirements that messages be static and displayed for no less than 8 seconds and the messages change within two seconds or less; and (5) Prohibition of speakers or other audio equipment. Subsection (d) sets forth the requirements pertaining to the landscaping of electronic display billboards. They include: 8 356 357 (1) A requirements that full screening of the supporting strnctares of a 358 billboard, as well as any other landscaping required by the City Council, be 359 provided; and 360 361 (2) Landscaping maintenance requirements. 362 363 Subsection (e) requires electronic display billboards to be capable of displaying emergency 364 and other public safety messages transmitted by the City or other ant6orized agencies. 365 366 Subsection (f) sets forth the means of enforcement of the section and provides that the 367 owner of an electronic display billboard in violation of this section shall be granted a reasonable 368 opportunity to care the violation prior to the institution of enforcement proceedings. 369 370 Adopted by the Council of the City of Virginia Beach, Virginia, on the 371 day of , 2009. APPROVED AS TO LEGAL SUFFICIE CY: City Attorney's Office CA-11248 R-6 October 13, 2009 9 ALTERNATE VERSION # 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 AN ORDINANCE TO AMEND SECTIONS 111, 215 AND 216 AND ADD A NEW SECTION 218 TO THE CITY ZONING ORDINANCE, DEFINING ELECTRONIC DISPLAY BILLBOARDS AND ESTABLISHING REQUIREMENTS FOR SUCH BILLBOARDS Sections Amended: City Zoning Ordinance Sections 111, 215 and 216 Section Added: City Zoning Ordinance Section 218 WHEREAS, the public necessity, convenience, general welfare and good zoning practice so require; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Sections 111, 215 and 216 of the amended and reordained, and a new Section billboards, is hereby added, to read as follows: City Zoning Ordinance are hereby 218, pertaining to electronic display ARTICLE 1. GENERAL PROVISIONS Sec. 111. Definitions. For the purpose of this ordinance, words used in the present tense shall include the future; words used in the singular number include the plural and the plural the singular; the use of any gender shall be applicable to all genders; the word "shall" is mandatory; the word "may" is permissive; the word "land" includes only the area described as being above mean sea level; and the word "person" includes an individual, a partnership, association, or corporation. In addition, the following terms shall be defined as herein indicated: Billboards. A sign, as defined in this zer~iag-cede section, including the supporting structure, which advertises or directs the attention of the general public to an establishment, business or service located on a separate site from the billboard advertises. 43 Billboard, electronic display. A billboard, as defined in this section, containing 44 light emitting diodes (LEDs), fiber optics, light bulbs, plasma display screens or other 45 internal illumination devices that are used to chance the messages, intensity of light or 46 colors displayed by such sign. The term shall not include billboards on which lights or 47 other illumination devices display only the temperature or time of day in alternating 48 cycles of not less than five (5) seconds, 49 50 COMMENT 51 52 The amendments in Lines 39-42 are intended to simplify the existing definition of billboard 53 and do not substantively change that definition. 54 55 The new language added in Lines 43-48 defines the term "electronic display billboard:' 56 57 58 59 ARTICLE 2. GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE 60 TO ALL DISTRICTS 61 .... 62 63 B. SIGN REGULATIONS 64 65 .... 66 67 Sec. 215. Nonconforming signs. 68 69 (a) Notwithstanding the provisions of section 105(f) of this ordinance, and 70 except as provided in section 218, no nonconforming sign shall be structurally altered, 71 enlarged, moved or replaced, whether voluntarily or by reason of involuntary damage to 72 or destruction of such sign, unless such sign is brought into compliance with the 73 provisions of this ordinance. Except as provided in section 216, no nonconforming sign 74 shall be repaired at a cost in excess of fifty (50) percent of its original cost unless such 75 sign is caused to comply with the provisions of this ordinance. Any nonconforming sign 76 which is not maintained continuously in good repair, and any nonconforming sign which 77 is abandoned shall be removed. For purposes of this section, a sign shall be deemed to 78 be abandoned if the business for which the sign was erected has not been in operation 79 for a period of at least two (2) years. Following the expiration of at least two (2) years, 80 any abandoned nonconforming sign shall be removed by the owner of the property on 81 which the sign is located, after notification by the zoning administrator. If, following such 82 two-year period, the zoning administrator has made a reasonable attempt to notify the 83 property owner, the city through its own agents or employees may enter the property 84 upon which the sign is located and remove any such sign wherever the owner has 85 refused to do so. The cost of such removal shall be chargeable to the owner of the 86 property. Nothing herein shall prevent the city from applying to a court of competent 2 87 jurisdiction for• an order requiring the removal of such abandoned nonconforming sign by 88 the owner by means of injunction or other appropriate remedy. 89 90 (b) [Not set out] 91 92 (c) [Not set out] 93 94 .... 95 96 COMMENT 97 98 The amendment is necessary to conform the provisions of Section 215(a) to the new Section 99 218. Subsections (b) and (c) are not set out, as they do not pertain to the subject of this ordinance. 100 101 102 Sec. 216. ~ ' 103 ~paAels Billboards. 104 105 (a) Except as provided in section 218, no Ale new billboards shall be erected 106 within the city limits, effective immediately. All existing billboards shall be governed by 107 the provisions of section 215 of this ordinance. No billboard heretofore erected shall be 108 located, in whole or in part, upon improved property. 109 110 (b) Except as provided in section 218, no Ale billboard shall be located within 111 five hundred (500) feet of an interchange, or intersection at grade, on any highway, 112 interstate or city council designated expressway (measured along the highway, 113 interstate or expressway to the nearest point of the beginning or ending of pavement 114 widening at the exit from or entrance to the main traveled way). On all other streets, no 115 billboard shall be located within two hundred (200) feet of any right-of--way of any 116 underpass, overpass, bridge or tunnel or a plaza serving such facility. 117 118 (c) Except as provided in section 218, no Ale billboard shall be closer than fifty 119 (50) feet to any property line nor located closer than six hundred sixty (660) feet to the 120 right-of-way line of any interstate or expressway designated by city council, nor closer 121 than twenty-five (25) feet to the right-of--way of any other street. However, no billboard 122 shall be located within two hundred (200) feet of any established residential or 123 apartment zoning district. No billboard shall be located upon any lot having a frontage of 124 less than two hundred (200) feet and an area of less than ten thousand (10,000) square 125 feet. 126 (d) The repair of lawfully nonconforming billboards visible from the main 127 traveled way of any interstate highway, federal-aid primary highway as that system 128 existed on June 1, 1991, or national highway system highway shall be governed by the 129 provisions of Virginia Code section 33.1-370.2. No building permit authorizing the repair 130 of any such billboard shall be issued unless owner of the billboard provides to the 131 building codes administrator a letter from the commonwealth transportation 3 132 commissioner approving the proposed repairs. In the event the building codes 133 administrator determines that the cost of the proposed repairs exceeds fifty (50) percent 134 of the replacement cost of the billboard, he shall, within thirty (30) days of the filing of 135 the building permit application, submit an objection to the determination of the 136 commissioner, together with documentation supporting such objection. A copy of such 137 objection and documentation shall be provided to the billboard owner. The 138 determination of the commissioner upon reconsideration shall be binding. 139 140 COMMENT 141 142 The amendments in subsections (a), (b) and (c) are necessary to conform the provisions of 143 Section 216 to the new Section 218. The amendments to the catchline replace outdated terminology 144 and have no substantive effect. 145 146 147 Sec. 218. Electronic disalav billboards. 148 149 Subiect to the following provisions, electronic displav billboards may be allowed 150 by resolution adopted by the Citv Council: 151 152 (a) Application repuirements. Applications for approval of an electronic 153 displav billboard shall be signed by the applicant and property owner and filed with the 154 Planning Director. No application shall be accepted by the Planning Director unless all 155 required items are included. Applications shall include the following items: 156 157 (1) A site plan drawn to scale, showing the location of lot lines, utility 158 and other easements, abutting roadways, existing structures, 159 including any existing signs and billboards on the lot. the proposed 160 location of the electronic displav billboard, and containing an inset 161 location map: 162 163 (2) A landscaping plan showing the type. size. number and location of 164 plant materials to be used; 165 166 (3) Building plans showing the height, dimensions, structural elements, 167 including supporting elements, and electrical connections for the 168 proposed billboard: 169 170 (4) A certification signed by an engineer licensed to practice in Virginia 171 that the proposed billboard meets all applicable requirements of the 172 Virginia Uniform Statewide Building Code; 173 174 (5) A certification from the manufacturer of the proposed electronic 175 displav billboard that the Ight intensity has been pre-set not to 176 exceed five thousand (5,000) candelas per square meter and that 4 177 the proposed billboard is equipped with a working control device 178 capable of automatically reducing the illumination as required by 179 this section; 180 181 (6) A plan setting forth the protocol for implementation of the 182 requirements set forth in subsection (e). Such protocol shall 183 address the circumstances under which the city or other authorized 184 agency may display emergency and other public safety messages, 185 the frequency and duration of such messages and such other 186 matters as the city council may deem appropriate; 187 188 (7) A designation of the billboard or billboards to be removed as a 189 condition of approval of the electronic display billboard sought to be 190 constructed: 191 192 ;(8) Anv other information deemed necessary by the Planning Director 193 in order to fully evaluate the application: and 194 195 ~(9) An application fee in the amount of four hundred dollars ($400.00). 196 197 (b) ,Dimensional, locational, etc. requirements: 198 199 i'1) No electronic display billboard shall be approved unless, as a 200 condition of such approval, all existing billboards on the same 201 zoning lot and, in addition, other billboards having a total sign area 202 of at least two (2) times that of the proposed electronic display 203 billboard. are removed. 204 205 j'2) No electronic display billboard shall be greater in sign area, as 206 defined in Section 111, than an area equal to the sign area of the 207 billboard it replaces; provided, however, that the city council may 208 prescribe a lesser sign area for any such electronic display 209 billboard. 210 211 ('3) No electronic display billboard shall exceed a height equal to that of 212 the billboard it replaces or such lower height as the city council may 213 prescribe, and in no event shall any electronic display billboard 214 exceed twenty-four (24) feet in height, as measured from the grade 215 of the public street toward which the billboard is oriented, 216 217 j4) The city council may prescribe that an electronic display billboard 218 be located on a different portion of the lot from that of the billboard 219 it replaces; provided, however, that no portion of such billboard 220 shall be located closer to anv public street than anv portion of the 221 billboard it replaces. 222 223 ~5) No more than one (1) electronic displav billboard structure shall be 224 allowed on anv zoning lot, and no structure shall contain more than 225 two (2) electronic displav faces. No more than one such face shall 226 be oriented in each direction and vertical stacking of advertising 227 faces shall be prohibited. 228 229 ~6) No electronic displav billboard shall be located in or within four 230 hundred (400) feet of an Historic and Cultural District or within two 231 thousand (2,000) feet of any other electronic displav billboard. 232 233 ,(7) No electronic display billboard shall be located within the project 234 study area of the Virginia Beach Transit Extension Study initiated 235 by Hampton Roads Transit in Mav 2009. 236 237 ~8) Electronic displav billboards shall be of monopole-type 238 construction. 239 240 (c) Illumination and displav requirements: 241 242 (1) No electronic displav billboard shall exceed a maximum illumination 243 of five thousand (5,000) candelas per square meter from sunrise to 244 sunset or five hundred (500) candelas per sauare meter between 245 sunset and one o'clock (1:00) a.m., as measured from the sign face 246 at maximum brightness. No such billboard shall be illuminated. 247 either internally or externally. at any time between one o'clock 248 X1:00) a.m. and five o'clock (5:00) a.m., except as may be 249 necessary to displav an emergency or other public safety message 250 pursuant to subsection (e); provided, however, that where the 251 electronic displav face is visible from a Residential or Apartment 252 zoning district, illumination shall cease between ten o'clock (10:00) 253 p.m. and six o'clock (6:00) a.m. 254 255 (2) Electronic displav billboards shall be equipped with a working 256 dimmer control device capable of automatically reducing the 257 illumination to required levels in accordance with subdivision (c) (1 ). 258 259 (3) No electronic displav billboard shall displav a message or symbol 260 commonly used atraffic-control direction or warning, and no such 261 billboard shall obstruct motorists' view of -anv street sign, traffic 262 signal. street or intersection. 263 264 L4_L_ No portion of the message displayed by any electronic display 265 billboard, including backgrounds, colors, lettering, pictures or other 266 graphics, shall be changed more frequently than once every thirty 267 (30). seconds. Moving, blinking, flashing, scrolling or pulsating 268 elements shall be prohibited. The entirety of each display shall be 269 changed simultaneously within a period of no more than two (2) 270 seconds. 271 272 ~(5) No electronic display billboard shall contain any audio speakers on, 273 or electronically connected to. such billboard. 274 275 ~6) All electrical service lines providing service to electronic display 276 billboards shall be underground. 277 278 i'7) All electronic displays shall be of a pixel pitch of .19mm or smaller. 279 280 (d) ,Landscaping requirements: 281 282 ~'1) Landscaping sufficient to fully screen supporting structures from all 283 abutting roadways at maturity, and any additional landscaping 284 required by the city council, shall be provided by no later than the 285 first growing season after approval of the application. 286 287 ~'2) All landscaping shall be maintained in good condition at all times, 288 and all vegetation determined by the city arborist to be diseased, 289 dying or dead shall be replaced in a timely manner consistent with 290 good landscaping practices. 291 292 (e) . !°ublic safety requirements. Electronic display billboards shall be capable 293 of displaying emeraency and other public safety messages transmitted by the city or 294 other authorized agencies in accordance with the protocol approved by the city council. 295 296 jf) Enforcement. Noncompliance with any of the provisions of this section or 297 the conditions of approval of an electronic display billboard by the city council shall be 298 grounds for revocation of such approval; provided, however, that the zoning 299 administrator shall provide prior written notice of such violation to the owner of the 300 electronic display billboard and a reasonable period, specified in such notice, to cure 301 such noncompliance prior to the institution of proceedings to revoke approval or other 302 enforcement action. 303 COMMENT 304 305 Section 218 sets forth the requirements for applications for electronic display billboards. 306 Such billboards are allowed only as replacements of existing billboards on the same lot, and only 307 by resolution of the City Council. The ordinance does not allow electronic display billboards under 308 any other circurnstances. Specific requirements are as follows: 7 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 Subsection (a) sets forth the information that is required as part of an application for an electronic display billboard. The requirements include: (1) A site plan; (2) A landscaping plan; (3) Building plans; (4) An engineer's certification as to compliance with Building Code requirements; (5) A manufacturer's certification regarding certain illumination capabilities of the billboard; (6) A plan for the City's use of the billboard to display emergency and other public safety messages; (7) A designation of the billboards that are to be removed as a condition of approval; (8) Other information deemed necessary by the Planning Director to fully evaluate the application; and (9) A $400 application fee. Subsection (b) sets forth the requirements pertaining to the location and dimensions of electronic display billboards. They include: (1) Restrictions on the size of the billboard; (2) Restrictions on the height of the billboard; (3) Restrictions on the location of the billboard; (4) Limitations on the number of billboards on one lot and a prohibition of subdividing lots for billboards; (5) Prohibition of electronic display billboards in or within 400 feet of an Historic and Cultural District or within 2,000 square feet of other electronic display billboards; and (6) Prohibition of electronic display billboards within the Virginia Beach Transit Extension Study Area; and 8 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 384 385 386 387 388 389 390 391 392 393 394 395 396 397 398 In addition, any billboards on the same lot as the proposed electronic display billboard and, in addition, other billboards having a total sign area of at least two times the area of the proposed electronic display billboard, must be removed as a condition of approval. Subsection (c) sets forth the requirements pertaining to the illumination and displays of electronic display billboards. They include: I:1) Restrictions on the intensity of illumination of billboards and a requirement that they not be illuminated at certain times, except for emergency and other public safety messages; 1;2) Requirements for automatic control of illumination; 1;3) Prohibition of messages or symbols commonly used for traffic-control purposes and of locations that obstruct motorists' vision of streets, intersections, etc.; 14) Requirements that messages be static and displayed for no less than 30 seconds and the messages change within two seconds or less; I:5) Prohibition of speakers or other audio equipment; j6) A requirement that the pixel pitch be no greater than .19mm (smaller pixel pitches provide a more detailed, higher-resolution display). Subsection (d) sets forth the requirements pertaining to the landscaping of electronic display billboards. They include: I1) A requirement that full screening of the supporting structures of a billboard, as well as any other landscaping required by the City Council, be provided; and (2) Landscaping maintenance requirements. Subsection (e) requires electronic display billboards to be capable of displaying emergency and other public safety messages transmitted by the City or other authorized agencies. Subsection (f) sets forth the means of enforcement of the section and provides that the owner of an electronic display billboard in violation of this section shall be granted a reasonable opportunity to cure the violation prior to the institution of enforcement proceedings. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2010. 9 APPROVED AS TO LEGAL SUFFICIE CY: City Attorney's Office CA-11248 R-3 March 5, 2010 10 DIGITAL BILLBOARD REGULATIONS -Other Localities A summary follows showing how other localities deal with electronic display billboards: LOCAL Williamsburg, VA - No new billboards are allowed. There is only one nonconforming billboard in Williamsburg and the regulations do not allow it to be converted to a digital format. No LED signs are allowed in Williamsburg. Chesapeake, VA -Allows new billboards, including electronic billboards with a conditional use permit in the General Business District, Highway Service District and the Industrial Districts, subject to conditions. Norfolk, VA -- Billboards, including digital billboards, are allowed by Special Exception in the commercial and industrial districts. Old billboards can be replaced through approval of a Special Exception. Conditions apply pertaining to size, location, and orientation. They are prohibited on certain streets including Virginia Beach Boulevard from the city limit for a distance of 3000 feet into the city. Newport News, VA -New billboards and electronic billboards are allowed except animation is prohibited and copy can change once every 3 seconds. York County -New billboards are not allowed and digital billboard signs are not allowed in York County. They allow LED signs to display time, date and temperature only. They add that the Zoning Administrator has done a written policy that allows electronic message boards to change only once every 24 hours. There is an amendment pending that would allow a sign to change once every 15 minutes. Suffolk, VA - No new billboards are allowed. Existing billboards cannot be converted to electronic display. New regulations for on-site electronic message boards are allowed to change no more than once every 60 minutes and are not allowed to have any sense of motion. James City County -Billboards are not allowed and existing billboards cannot be converted to electronic display billboards. Electronic display signs are only permitted for gas pricing and can have a maximum of only 10 square feet. Portsmouth, 'VA -Billboards, including the electronic display type, are allowed in the Manufacturing Districts and on unimproved lots in the C-2 Commercial District. Maximum size is 672 square feet in Manufacturing Districts and 300 square feet in the C-2 Commercial District. Billboards are restricted along certain streets and various setbacks apply. Animation is prohibited. RESORT AND OTHER CITIES Nags Head, N.C. - No billboards are allowed and no nonconforming billboards exist. Ocean City, Maryland - No billboards are allowed and no nonconforming billboards exist. Las Vegas, Nevada -Las Vegas allows digital billboards with a conditional use permit in the commercial and industrial districts. Conditions are attached to the approval as recommended by staff. Digital billboards are not allowed on certain roadways and they are not allowed within 200' of a residential district. Hilton Head, S.C. -Billboards are not allowed and no nonconforming billboards exist. Jackson Hole, Wyoming -Billboards are not allowed and no nonconforming billboards exist. Pensacola, Florida -New billboards are allowed, including digital billboards. Digital billboards are required to have self-regulating light sensors. Annapolis, Maryland -New billboards are not allowed. They have two existing billboards and they do not allow them to be modified to digital billboards. Myrtle Beach, SC -Myrtle Beach does not allow new billboards and at this time they do not allow nonconforming billboards to be converted to digital format. They are currently doing extensive research on the impact of LED signs. Minnetonka, Minnesota - A billboard company removed 15 of the 30 static billboards in exchange for permission to install digital bill boards. The city will permit the company to install no more than 8 LED signs at four to six locations. Minnetonka now has a moratorium on digital billboards. San Antonio, Texas -December 2007, required the removal of up to four static billboards in exchange for permission to install one digital display billboard in their place. The number of digital signs permitted was determined by the total square footage of the static billboard faces removed. San Antonio now has a moratorium on digital billboards. West Hollywood, CA -Billboards are allowed only within the Sunset Specific Plan. Use of LED technology as part of a creative sign may only be approved by the Planning Commission. Existing billboards can be replaced as long as the square footage does not increase. Chicago, IL - Anon-conforming billboard may be converted to one digital display where two times the amount of billboard square footage is permanently removed. Exception - if the billboard owner does not have enough square footage to do this than one digital billboard is allowed. Minneapolis, Minnesota - has a "Limited Access Roadway Opportunity Billboard District;° only on Interstate 94; can have LED billboards. These billboards must be 2,500 feet from any other LED sign, can change no more than once every 8 seconds. Credits are needed to put up an LED billboard. Credits are earned by removing billboards from other designated areas. Bloomington, MN -Allows digital billboards where the following are met; image can only change every 20 minutes, must be static, transition or change must be instantaneous, brightness cannot exceed a maximum of 5,000 nits during daylight hours and a maximum of 500 nits between dusk and dawn. They must have an automatic dimmer switcFi. Audio speakers are not allowed. No flashing, strobe or moving light, not twinkles or anything that creates the illusion of movement. EI Paso, Texas - On July 14, 2009, City Council approved ordinances banning billboards and restricting the number of digital billboards. The ordinances require 16 conventional billboards to be removed for every one digital billboard that is erected. On July 17~', the Mayor vetoed the three ordinances. An attempt to override the veto is expected. Fort Myers, Florida -New billboards are allowed in certain areas. Digital billboards are allowed because current codes do not address them. They have non-conforming billboards in areas where they are no longer permitted. New regulations regarding digital billboards and signs are currently being drafted and they are considering requiring two billboards to be removed for every one digital billboard erected. Biloxi, Mississippi -New billboards, both digital and standard, are allowed. Digital billboards have special regulations pertaining to level of illumination and frequency of change. Daytona Beach, Florida -New billboards are allowed in specified areas and regulations do not address digital billboards. San Francisco, CA -Banned digital billboards by voter referendum. Los Angeles, CA -Moratorium on new digital billboards. Houston, TX ~- Banned digital billboards. Galveston, TX -Banned digital billboards. Austin, TX -Banned digital billboards. St. Petersburg, FL -Banned digital billboards. Durham, NC -- Banned digital billboards. St. Louis, M(~ -Moratorium on new digital billboards. Atlanta, GA -Banned digital billboards. Denver, CO -Banned digital billboards. Maine -Banned digital billboards. ~~y~~ ~~,~., ~~~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH, Ordinance to amend Section 501 of the City Zoning Ordinance to allow cemeteries, columbariums, crematoriums, and mausoleums as conditional uses in the R-20, R-30, and R-40 Residential zoning districts. MEETING DATE: May 25, 2010 ^ Background: Currently, the City Zoning Ordinance allows cemeteries, columbariums, crematoriums, and mausoleums as a conditional use within the R-5S, R-5D, R- 7.5, R-10, and R-15 Residential Districts. Accordingly, such uses are not allowed in the larger lot Residential zoning districts (R-20, R-30, and R-40). ^ Considerations: As evidenced by recent Use Permit requests, there is an increasing trend for locating columbariums with churches. Staff has been contacted by churches in the larger Residential districts that are interested in having a columbarium. Staff believes that while there may have been a valid rationale in the past for prohibiting such uses in the larger lot districts, societal opinions on the issue have modified over the years such that the opportunity for having these uses through the review of a Use Permit should be provided. ^ 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 the proposed amendments. ^ Attachments: Staff Review Ordinance Minutes of Planning Commission Hearing Recommended Action: Staff recommends approval. Planning commission recommends approval. Submitting Department/Agency: Planning Department City Manager: ~. V 17 April 14, 2010 Public Hearing CITY OF VIRGINIA BEACH AMENDMENT TO ZONING ORDINANCE - CEMETERIES AND COLUMBARIUMS REQUEST: An ordinance to amend Section 501 of the City Zoning Ordinance to allow cemeteries, columbariums, crematoriums, and mausoleums as conditional uses in the R-20, R-30 and R-40 Residential zoning districts. SUMMARY OF AMENDMENT Cun-errtly, the City Zoning Ordinance allows cemeteries, columbariums, crematoriums, and mausoleums as a conditional use within the R-5S, R-5D, R-7.5, R-10, and R-15 Residential Districts. Accordingly, such uses are not allowed in the larger lot Residential zoning districts (R-20, R-30, and R-40). As evidenc~:d by recent Use Permit requests, there is an increasing trend for locating columbariums with churches. Staff has been contacted by churches in the larger Residential districts that are interested in having a columbarium; however, as noted above, the Zoning Ordinance does not provide the opportunity for these churches to have such a use. Staff believes that while there may have been a valid rationale in the past for prohibiting such uses in the larger lot districts, societal opinions on the issue have modified over the years such that the opportunity for having these uses through the review of a Use Permit should be provided. The attached amendments will allow by Use Permit a columbarium, cemetery, crematorium, or mausoleum within the larger Residential zoning districts. ~ • 1, , ~ ~ ~ ~ l ~ , r •~ ~ r• Staff recommends approval of the proposed amendments. The amendments provide property owners in the larger-lot Residential zoning districts the same opportunity to request a Use Permit for the listed uses as those owners of property in the smaller-lot Residential zoning districts. CITY OF VIRGINIA BEACH -CEMETERIES AND COLUMBARIUMS Agenda Item 17 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 AN ORDINANCE TO AMEND SECTION 501 OF THE CITY ZONING ORDINANCE TO ALLOW CEMETERIES, COLUMBARIUMS, CREMATORIUMS AND MAUSOLEUMS AS CONDITIONAL USES IN THE R-20, R-30 AND R-40 RESIDENTIAL ZONING DISTRICTS Section Amended: City Zoning Ordinance Section 501 WHEREAS, the public necessity, convenience, general welfare and good zoning practice so require; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 501 of the City Zoning Ordinance is hereby amended and reordained to read as follows: Sec. 501. Use regulations. (a) Principal and conditional uses. The following chart lists those uses permitted within the R-40 through R-2.5 Residential Districts. Those uses and structures in the respective residential districts shall be permitted as either principal uses indicated by a "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" shall be prohibited in the respective districts. No uses or structures other than as specified shall be permitted. Residential Districts: Uses R-40 R-30 R-20 R-15 R-10 R-7.5 R-5D R-5R R-5S R-2.5 Cemetery, columbarium, crematory and mausoleum ~4C XC ~C C C C C C C X COMMENT The amendments would allow cemeteries, columbariums, crematoriums and mausoleums as conditional uses in the R-20, R-30 and R-40 Residential Districts. The uses are currently permitted in the other single-family residential zoning districts. 47 Adopted by the City Council of the City of Virginia Beach, Virginia, on the 48 day of , 2010. 49 50 51 Approved as to L~gal Sufficiency: City Attorney's Office 2 CA-11470 R-1 March 9, 201() N. APPOINTMENTS BEACHES and WATERWAYS COMMISSION SOCIAL SERVICES BOARD TIDEWATER TRANSPORTATION DISTRICT COMMISSION OF HAMPTON ROADS TIDEWATER YOUTH SERVICES COMMISSION O. UNFINISHED BUSINESS P. NEW BUSINESS Q. ADJOURNMENT **~***** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 Agenda OS/25/2010gw www.vbeov.com CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: 5/11/2010 g PAGE: 1 E D S L E D H E W AGENDA L D S I E J S U I ITEM k SUBJECT MOTION VOTE 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 UA CITY MANAGER'S BRIEFING: Barry ENVIRONMENTAL STEWARDSHIP Frankenfield, AWARDS SGA Administrator IUIIUIVN/ CERTIFICATE OF CLOSED SESSION CERTIFIED 10-0 A Y Y Y Y Y Y Y Y Y Y V UE F-1 MINUTES-April 22 & 27, 2010 APPROVED 10-0 A Y Y Y Y Y Y Y Y Y Y G/H 1 MAYOR'S PRESENTATION: Mary Russo RESOLUTION IN RECOGNITION Mary Russo - 40 Years of Service I/1 PUBLIC HEARINGS: FY 2010-2011 RESOURCE ~ NO SPEAKERS MANAGEMENT PLAN FY2010-2011 Operating /Capital Budgets 2 OPEN AIR CAFE LEASE NO SPEAKERS 204 Grill Pizza - 204 22"' Street 3 LEASE OF CITY PROPERTY NO SPEAKERS Bounce House, LLC -"Waterslide" 24'" Street Beach J/K/1 Ordinance to AMEND §2-4 of City Code ADOPTED, BY 10-0 A Y Y Y Y Y Y Y Y Y ~' re Worker's Compensation/Voluuteer CONSENT public safety in Police/Fire/Rescue 2 Resolution in RECOGNITION of 40 years ADOPTED, BY 10-0 A Y Y Y Y Y Y Y Y Y l' of service by Mary Russo CONSENT 3 Ordinances/Resolutions re: FY 2010-11 ADOPTED 9-1 A Y •N Y Y Y Y Y Y Y }' RESOURCE MANAGEMENT PLAN A. FY 2010-11 Operatiug Budget: 1) APPROPRIATE FY 2010 - 2011, $1,687,650,881 for Operations/$553,156,869 Interfu ud Transfers 2) ESTABLISH 89¢ per $100 on real ADOPTED ]0-0 A Y Y Y Y Y Y Y Y Y 1' estate for FY 2011 CITY OF VIRGINIA BEAC7I SUMMARY OF COUNCIL AI~T/ONS DATE: 5/11/2010 B PAGE: 2 E D S L E D H E W AGENDA L D S I E J S U I ITEM # SUBJECT MOTION VOTE 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 3) ESTABLISH $:1.70 per $100 on ADOPTED 10-0 A Y Y Y Y Y Y Y Y Y Y personal property/machinery/tools for Calendar 201 ll ADOPTED ] 0-0 A Y Y Y Y Y Y Y Y Y Y 4) AUTHORIZE Annual Funding Plan to HUD 5) DECLARE $8,0(:10,000 within ADOPTED 9-I A Y *N Y Y Y Y Y Y Y Y Sandbridge TIF ac surplus 6) AMEND the City Code to increase ADOPTED 10-0 A Y Y Y Y Y Y Y Y Y Y Cigarette Tax 7) AMEND City Code re Service ADOPTED 9-1 A Y *N Y Y Y Y Y Y Y Y Availability/Water Usage 8) AMEND City Code re ADOPTED 10-0 A Y Y Y Y Y Y Y Y Y Y Dealer/Pawobraker permits 9) AMEND City Code re Precious Metals ADOPTED 10-0 A Y Y Y Y Y Y Y Y Y Y 10) AMEND City Code re Taxicab ADOPTED 10-0 A Y Y Y Y Y Y Y Y Y Y inspections/driver's permits 11) IMPLEMENT two-year Moratorium ADOPTED 10-0 A Y Y Y Y Y Y Y Y Y Y to Open Space acquisitions 12) INCREASE Resident Discount fee at ADOPTED 9-1 A Y *N Y Y Y Y Y Y Y Y Resort lots/City garages 13) APPLY for CD13G Section 108 funds ADOPTED 10-0 A Y Y Y Y Y Y Y Y Y Y from HUD 14) AMEND City Code re impoundment of REMOVED B Y C O N S E N S U S animals FROM AGENDA,BY CONSENT 15) TEMPORARILY SUSPEND City's ADOPTED 10-0 A Y Y Y Y Y Y Y Y Y Y Budget biennial process CITY OF V/RGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: 5/11/2010 g PAGE: 3 E D S L E D H E W AGENDA L D S I E J S U I ITEM # SUBJECT MOTION VOTE [ 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 16) AMEND City Code re ADOPTED 10-0 A Y Y Y Y Y Y Y Y Y Y exemption/deferral Real Estate Taxes for Elder) /Disabled 17) ADD §35-41 City Code re "energy ADOPTED ]0-0 A Y Y Y Y Y Y Y Y Y Y efficient" buildin s 18) AFFIRM Resolution No. 3347 re ADOPTED 10-0 A Y Y Y Y Y Y Y Y Y ~' employee contributions to VRS after Jul 1, 2010 b FY 2010-11 Capital Budget: ADOPTED 10-0 A Y Y Y Y Y Y Y Y Y l' l) AUTHORIZE FY-2011/2016 CIP/APPROPRIATE $201,656,037 for FY 2011 Ca ital Bud et 2) AUTHORIZE issuance of GO ADOPTED 10-0 A Y Y Y Y Y Y Y Y Y Y' Bonds in maximum of $68,180,000 3) AMEND City Code re Sanitary ADOPTED 9-1 A Y *N Y Y Y Y Y Y Y ~ Sewer Service effective 2011/2012/2013/2014 4 Ordinance to AUTHORIZE Second ADOPTED, BY ]0-0 A Y Y Y Y Y Y Y Y Y ~" Amendment Purchase Agreement CONSENT with LifeNet 5 Ordinance to AUTHORIZE bids for lease ADOPTED, BY 10-0 A Y Y Y Y Y Y Y Y Y ~' of Red Mill Farm Park re CONSENT telecommunications facilities 6 Ordinance to AUTHORIZE a Franchise ADOPTED, BY 10-0 A Y Y Y Y Y Y Y Y Y ~' Agreement to Bounce House, LLC re a CONSENT waterslide ad'acent to the 24'~ Street Sta e 7 Ordinance to AUTHORIZE a Franchise ADOPTED, BY 10-0 A Y Y Y Y Y Y Y Y Y ~' Agreement Open Air Cafe for Majd and CONSENT Bouhzam, LTD t/a 204 Grill Cafe at 204 22"~ Street S Ordinance to AUTHORIZE acquisition ADOPTED, BY ]0-0 A Y Y Y Y Y Y Y Y Y Y' public r-o-w at 3107 Bray Road from CONSENT KATHRYN N. BYLER to remove a hazardous tree 9 Ordinance to DESIGNATE TOAISM ADOPTED, BY 10-0 A Y Y Y Y Y Y Y Y Y Y' as EXEMPT from local Personal CONSENT Pro a Taxation 10 Ordinance to AUTHORIZE ADOPTED, BY ]0-0 A Y Y Y Y Y Y Y Y Y Y encroachments into portion of City-owned CONSENT /r-o-w for JOHN R., JR./DENIZ MURRAY re pierlriprap at 4209 Battery Road (DISTRICT 4 - BAYSIDE CITY OF N/RGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: 5/11/2010 g PAGE: 4 E D S L E D H E W AGENDA L D S I E J S U I ITEM # SUBJECT MOTION VOTE 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 I I Ordinance to ACCEPT/APPROPRIATE ADOPTED, BY 10-0 A Y Y Y Y Y Y Y Y Y Y $44,250 in Grant funds from Homeland CONSENT Security/ $14,750 in local match to Fire Marine Team L/1 Variance to §4.4(b) of Subdiv Ord that APPROVED/ 10-0 A Y Y Y Y Y Y Y Y Y Y all lots meet CZO for DRESCHER CONDITIONED, DEVELOPMENT/GEORGE M. BY CONSENT DAMS, III, re lot at Prosperity Road/Pazk Place Drive: (DISTRICT 6 - BEACH 2 STUDIO EVOLVE, I,LC/MT. APPROVED/ 10-0 A Y Y Y Y Y Y Y Y Y Y TRASHMORE OFFICE CUP re CONDITIONED, tattoo studio at 512 South Independence BY CONSENT Boulevard (DISTRICT 3 -ROSE HALL) 3 GREATER HOPE OF DELIVERANCE APPROVED/ 10-0 A Y Y Y Y Y Y Y Y Y Y MINISTRIES/PHUONG NHON CONDITIONED, NGUYEN CUP re religious use at 3692 BY CONSENT South Plaza Trail No.2 (DISTRICT 3 - ROSE HALL 4 INTERNET MARKETING TRAINING APPROVED/ 10-0 A Y Y Y Y Y Y Y Y Y Y CENTER, INC./DAVID BYLER CUP re CONDITIONED, a Vocational School at 512 South BY CONSENT Independence Boulevard (DISTRICT 3 - ROSE HALL 5 REGENT UNIVERSITY CUP re APPROVED/ 10-0 A Y Y Y Y Y Y Y Y Y Y religious uses at 1000 Regent University CONDITIONED, Drive DISTRICT 1 - ~'~ENTERVILLE BY CONSENT 6 BRIDGEWAY COMMUNITY APPROVED/ 10-0 A Y Y Y Y Y Y Y Y Y Y CHURCH/BLANFORD CONDITIONED, PARTNERSHIP CUT' re religious uses at BY CONSENT 752-758 Independence Boulevard DISTRICT 4 - BAYS mE 7 BELIEVER'S HOUSE WORLD WIDE APPROVED/ 10-0 A Y Y Y Y Y Y Y Y Y Y MINISTRIES/NEWTOWN SQUARE CONDITIONED, ASSOCIATES, LLC CUP re religious use BY CONSENT at 544- Newtown Road, Suite 118 DISTRICT 2 - KEMF'SVILLE 8 CITY COZ from R-4m to P-1 at 4337 APPROVED/ 10-0 A Y Y Y Y Y Y Y Y Y Y Country Club Circle (T'horoughgood House) CONDI'T'IONED, (DISTRICT 4 - BAYSIDE) BY CONSENT q Ordinance to AMEND Comp Plan re ADOPTED, BY 10-0 A Y Y Y Y Y Y Y Y Y Y Parkway Typical Sections/Primary CONSENT Roadway Network Place Map/Major Street Network Ultimate r-o-w CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: 5/11/2010 g PAGE: 5 E D S L E D H E W AGENDA L D S 1 E J S U I ITEM # SUBJECT MOTION VOTE 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 [ O O O S H L R Y S S N N D M APPOINTMENTS: ARTS and HUMANITIES Reappointed - I O-0 A Y Y Y Y Y Y Y Y Y Y COMMISSION 4 Year Term - 7/1/10- 6/30/14 Beatriz Amberman Juanita Felton BAYFRONT ADVISORY Reappointed - I O-0 A Y Y Y Y Y Y Y Y Y Y COMMITTEE 3 Year Term - 7/1/10 - ' 6/30/13 Joseph Bovee Fred Hazelwood KaI Kassir - Ex Officio BEACHES and WATERWAYS Reappointed - 10-0 A Y Y Y Y Y Y Y Y Y Y COMMISSION 3 Year Term - 7/1/10 - 6/30/13 Barbara Ferguson BIKEWAYS and TRAILS ADVISORY Reappointed- 10-0 A Y Y Y Y Y Y Y Y Y Y COMMITTEE 3 Year Term - 7/1/10 - 6/30/13 Bruce W. Drees Richard M. Hildreth Howard E. Kuhns CITY OF VIRG/NIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: 5/11/2010 B PAGE: 6 E D S L E D H E W AGENDA L D S I E J S U 1 ITEM # SUBJECT MOTION VOTE 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 1 O O O S H L R Y S S N N D HAMPTON ROADS PLANNING Reappointed - 10-0 A Y Y Y Y Y Y Y Y Y Y DISTRICT COMMISSION - HRPDC 2 Year Term - 7/1/10 - 6/30/12 Hany Diezel Louis R. Jones William D. "Will" Sessoms, Jr. John E. Uhrin HUMAN RIGHTS COMMISSION Appointed - 3 10-0 A Y Y Y Y Y Y Y Y Y Y Yeaz Term - 5/1/10 - 3/31/13 Gene J. Hou MINORITY BUSINESS COUNCIL Reappointed - 10-0 A Y Y Y Y Y Y Y Y Y Y 2 Yeaz Term - 6/1/10 - 5/31/12 Carla Bailey Linda M. Bright Michael W. Chinn Derek R. Redmond OPEN SPACE ADVISORY Reappointed - ] 0-0 A Y Y Y Y Y Y Y Y Y Y COMMITTEE 3 Year Term - 7/1/10 - 5/31/13 Kirk D. Berkhimer Reappointed - 4 Year Term - 7/1/10 - 5/31/14 Richard Bowie Reappointed - 3 Yeaz Term - 7/1/10 - 5/31/13 CITY OF VIRG/N!A BEACH SUMMARY OF COUNCIL ACTIONS DATE: 5/11/2010 g PAGE: 7 E D S L E D H E W AGENDA L D S I E J S U I 1TEM ~ SUBJECT MOTION VOTE 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 Robert Cantrell Reappointed - 4 Year Term - 7/1/10 - 5/31/14 Lillie R. Gilbert Reappointed - 3 Year Term - 7/1/10 - 5/3l/13 Paul Hamaker Reappointed - 3 Year Term - 7/1/10 - 5/31/13 Jeremy Johnson Reappointed - 4 Year Term - 7/1/10 - 5/31/14 Steven A. ' Lurus Reappointed - 3 Year Term - 7/I/10 - 5/31/13 Kale Warten PUBLIC LIBRARY BOARD Appointed 10-0 A Y Y Y Y Y Y Y Y Y Y' Unexpired Thru 8/31/12 Dr. Michael Summers SOCIAL SERVICE BOARD Reappointed - ] 0-0 A Y Y Y Y Y Y Y Y Y Y 4 Year Term - 7/1/10 - 6/30/!4 Peter W. Schmidt CITY OF VIRG/NIA BEACH SUMMARY OF COUNCIL A('TIONS DATE: 5/11/2010 g PAGE: 8 E D S L E D H E W AGENDA L D S I E J S U I ITEM # SUBJECT MOTION VOTE I A T E D N O S H L W T V E Z Y L N O R S O T 1 P E E E E M I O O O S H L R Y S S N N D TIDEWATER COMMUNITY Reappointed - 10-0 A Y Y Y Y Y Y Y Y Y Y COLLEGE BOARD 4 Year Term - 7/1/10 - 6/30/14 Bruce J. Meyer TOWING ADVISORY BOARD Reappointed - 10-0 A Y Y Y Y Y Y Y Y Y Y 3 Year Term - 6/1/10 - 5/31/13 MPO James D. Price N/O/P ADJOURNMENT: 7:33 PM PUBLIC COMMENT'S FOUR Non-Agenda Items SPEAKERS 7:33-7:45 P.M.