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HomeMy WebLinkAboutAUGUST 24, 2010 AGENDACITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR W/LLlAA4 D. SESSOMS, JR., At-Large VICE MAYOR LO(//S R. JONES, Bayside -District 4 R/TA SWEET BEL! 17T0, At-Large GLENN R. UAV/S, Rose Ha!(-District 3 W/LL/AM R. De S'1'EPH, At-Large HARRY E. D/EZEI., Kempsville - Di,ctrtc! 2 ROBERT M DYER, Centerville -District 1 BARBARA M. HENLEY, Princess Anne - Dl.rtrict 7 JOHN E. UHR/N, Beach -District h ItOSF,MARY WILSON, At-Large lAMF.S /.. WOOD. Lynnhaven -District 5 CITY COUNCIL APPOINTEES CITY MANAGER -JAMES K. SPORE CITY ATTORNEY -MARK D. STILES CITY ASSESSOR - JERAl.D BANAGAN CITY AUDITOR - LYNDON S. REMlAS CITY CLERK -RUTH HODGES ERASER, MMC CITY COUNCIL AGENDA 24 AUGUST 2010 I. CITY MANAGER'S BRIEFING -Conference Room- A. PRINCESS ANNE COMMONS ATHLETIC VILLAGE Cindy Curtis, Director -Parks and Recreation II. CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW IV. INFORMAL SESSION -Conference Room - A. CALL TO ORDER -Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE,: (757) 385-4303 FAX (757) 385-5669 E-MAIL: Ctycncl@vbgov.com 4:00 PM 4:30 PM C. RECESS TO CLOSED SESSION II V. FORMAL SESSION -City Council Chamber - 6:00 PM N A. CALL TO ORDER -Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Matt McLaine Youth Pastor Aragona Church of Christ C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS August 10, 2010 G. FORMAL SESSION AGENDA H. MAYOR'S PRESENTATION 1. KING NEPTUNE XXXVII and HIS COURT Nancy A. Creech, President and CEO, Neptune Festival I. PUBLIC HEARINGS 1. FRANCHISE 15th Street Pier 2. EXCESS PROPERTY Ingress/Egress Easement -Princess Anne Road and Winterberry Lane 3. UTILITY EASEMENT Virginia Electric and Power Company -Norfolk Avenue J. CONSENT AGENDA K. ORDINANCES/RESOLUTION 1. Ordinance to GRANT a Franchise to ENTERTAINMENT, INC. for the use of City property at the Oceanfront and 15~h Street re the operation of the Virginia Beach Fishing Pier. Ordinance to DECLARE portions of City-owned property EXCESS at the intersection of Princess Anne Road and Winterberry Lane and AUTHORIZE the City Manager to grant aningress/egress easement over such property to Mountain Ventures Virginia Beach, LLC. 3. Ordinance to AUTHORIZE an easement to Virginia Electric and Power Company (VEPCO) over City-owned property along Norfolk and Cypress Avenues re installing and maintaining two (2) pad-mounted stepdown transformers and underground cables,. 4. Resolution to AUTHORIZE an allocation of up to $1-Million through the Virginia Department of Transportation (VDOT) Revenue Sharing program re Princess Anne and Kempsville Roads intersection improvements; and, AUTHORIZE the City Manager to EXECUTE all necessary agreements for project development and construction. Ordinances to ACCEPT and APPROPRIATE: a. funds from the General Fund for two five (5)-year interest free loans: (1) $100,000 to the Sandbridge Rescue and Fire, Inc. re the purchase of a replacement ambulance (2) $62,000 to the Kempsville Rescue Squad, Inc. re the purchase of a replacement ambulance b. $98,571 from the U.S. Department of Homeland Security to the FY 2010-11 Fire Department Operating Budget re the purchase of tactical rescue equipment and related training associated with the Tidewater Regional Technical Rescue Team c. $75,874 from Opportunity Inc. to the FY 2010-11 Department of Human Resources Operating Budget to fund the 2010 Summer Youth Work Experience Program L. PLANNING 1. Application of THOMAS and JACQUELINE RICHARDS for a Conditional Use Permit re a residential kennel at 1112 Hartwood Avenue. DISTRICT 5 - LYNNHAVEN RECOMMENDATION APPROVAL 2. Application of EDWARD and JEAN SNYDER for a Conditional Use Permit re an addition to an existing boat dock with boat lift to create anon-commercial (community) pier/dock at 1057 and 1061 Bobolink Drive. DISTRICT 5 - LYNNHAVEN RECOMMENDATION ~ APPROVAL 3. Application of ADOLFO MARTINEZ for a Conditional Use Permit re a skateboard ramp at 2008 Gadsby Court. DISTRICT 1 - CENTERVILLE RECOMMENDATION APPLICANT REQUESTS WITHDRAWAL M. APPOINTMENTS HEALTH SERVICES ADVISORY BOARD MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE MINORITY BUSINESS COUNCIL N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ~aaaaaaaaaaaaaaaaaaaaaaaaaaa~ CITY COUNCIL :; " r. -: RETREAT ., ~~ ,. `~ ,~ ~, -' w~ 8:30 AM - 5:00 PM ., ~~ -. :~ ., ,, .' -' FRIDAY and SATURDAY ~~ ;; .~ ~: January 21-22, 2011 ~ -~ ., ~. .. .~ CONFERENCE ROOM ,, ~~ -' ~~ Suite 1000 ,~ ~~ .. ~ 222 Central Park Avenue ~~ ;; b :: TOWN CENTER ' : ,~ . M. ~1 ~1 M~ M~ ~* w. `• M. ~t *• TTTTTTTTTTTTTTT TTTTTTT TTTT ...a a~~a~~~~~~~~~a~a~~~aa~ 7T•T, ~' ~~~~~a CITY COUNCIL /SCHOOL BOARD "FIVE YEAR FORECAST" ` Building No. 19 TUESDAY, NOVEMBER 16, 2010 Agenda 08/24/IOgw ~F ~~ w. t beov. corn I. CITY MANAGER'S BRIEFING -Conference Room- 4:00 PM A. PRINCESS ANNE COMMONS ATHLETIC VILLAGE Cindy Curtis, Director -Parks and Recreation 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 Matt McLaine Youth Pastor Aragona Church of Christ C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS August 10, 2010 G. FORMAL SESSION AGENDA ~r~~r~u#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, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia Law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. H. MAYOR'S PRESENTATION KING NEPTUNE XXXVII and HIS COURT Nancy A. Creech, President and CEO, Neptune Festival PUBLIC HEARINGS FRANCHISE 15th Street Pier 2. EXCESS PROPERTY Ingress/Egress Easement -Princess Anne Road and Winterberry Lane UTILITY EASEMENT Virginia Electric and Power Company -Norfolk Avenue ~VN Nj}. ~::., , (~~ ~~~ t,y` r~3 ~i~~ PUBLIC HEARING FRANCHISE OF CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on the proposed franchise of City-0wned property on Tuesday, August 24, 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 franchise the following: The pier property, generally known as the "15th Street Pier", extending from the Boardwalk over the sandy beach and into the Atlantic Ocean generally east of 15th Street in the City of Virginia Beach. If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFlCE at 385-4303; Hearing impain:d, call TDD only 711. Any questions concerning this matter should be directed to the Department of Management Services - Facilities Management Office, Room 228, Building 18, at the Virgirn~a,Bea~fi,Nlknioiji~l Gepter (757)' 385 5659. Ruth Hodges Fraser, MMC City Clerk Beacon August 15, 2010 21627047 .r,,;U.ar~+. ~"~,,y ~g~ T..n l,s,..g-. ~~,;3 s ~~~ PUBLIC HEARING INGRESS/EGRESS EASEMENT The Virginia Beach City Council will hold a PUBLIC HEARING on the granting of an ingress/egress easement across City-owned property, Tuesday, August 24, 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 located at Princess Anne Road and Winterberry Lane (GPIN 1494-09-6316). The purpose of this Hearing is to obtain public input to determine whether the easement area 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 3854303; Hearing impaired, call TDD only 711. Any questions concerning this matter should be directed to the Office of Real Estate, Building #2, Room 392, at the Virginia Beach Municipal Center (757) 385-4161. Ruth Hodges Fraser, MMC City Clerk Beacon August 15, 2010 21629897 ~. ~".'~u .~ "° ~i ~~i ~`~ti~~~s f PUBLIC HEARING PROPOSED GRANT OF UTILITY EASEMENT OVER CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING Tuesday, August 24, 2010, at 6:00 p.m., in the Council Chamber of the City Hall Building (Bldg #1) at the Municipal Center, Virginia Beach, Virginia. The purpose of this Hearing will be to obtain public comment on the City's proposal to grant an easement to the Virginia Electric - and Power Company over the following City-0wned property: 1,740 sq. ft. +/- across the multi-use path along Norfolk Avenue, and in the adjacent open area, approximately 624 feet west of Cypress Avenue in Virginia Beach, Virginia. (GPINs: 2417-940472, 2417-649312) Any questions concerning this matter should be directed to the Department of Public Utilities, Building #2, at the Virginia Beach Municipal Center. The Department of Public Utilities telephone number is (757) 385-4171. If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFlCE at 757-385-4303; Hearing impaired, call 711 (Virginia Relay - Telephone Device for the Deaf). Ruth Hodges Fraser, MMC City Clerk Beacon August 15, 2010 21629869 i CONSENT AGENDA K. ORDINANCES/RESOLUTION Ordinance to GRANT a Franchise to ENTERTAINMENT, INC. for the use of City property at the Oceanfront and 15th Street re the operation of the Virginia Beach Fishing Pier. 2. Ordinance to DECLARE portions of City-owned property EXCESS at the intersection of Princess Anne Road and Winterberry Lane and AUTHORIZE the City Manager to grant aningress/egress easement over such property to Mountain Ventures Virginia Beach, LLC. 3. Ordinance to AUTHORIZE an easement to Virginia Electric and Power Company (VEPCO) over City-owned property along Norfolk and Cypress Avenues re installing and maintaining two (2) pad-mounted stepdown transformers and underground cables. 4. Resolution to AUTHORIZE an allocation of up to $1-Million through the Virginia Department of Transportation (VDOT) Revenue Sharing program re Princess Anne and Kempsville Roads intersection improvements; and, AUTHORIZE the City Manager to EXECUTE all necessary agreements for project development and construction. Ordinances to ACCEPT and APPROPRIATE: a. funds from the General Fund for two five (5)-year interest free loans: (1) $100,000 to the Sandbridge Rescue and Fire, Inc. re the purchase of a replacement ambulance (2) $62,000 to the Kempsville Rescue Squad, Inc. re the purchase of a replacement ambulance b. $98,571 from the U.S. Department of Homeland Security to the FY 2010-11 Fire Department Operating Budget re the purchase of tactical rescue equipment and related training associated with the Tidewater Regional Technical Rescue Team c. $75,874 from Opportunity Inc. to the FY 2010-11 Department of Human Resources Operating Budget to fund the 2010 Summer Youth Work Experience Program '~ s ~,, 'f ...~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to grant a Franchise to Entertainment, Inc. for the use of City property at the Oceanfront and 15th Street for the operation of the Virginia Beach Fishing Pier MEETING DATE: August 24, 2010 ^ Background: By ordinance adopted on December 30, 1949, as amended on February 14, 1950, the Town of Virginia Beach (the predecessor municipality to the City of Virginia Beach) granted Virginia Beach Amusement and Pier Corporation the privilege to erect, construct, maintain and operate an amusement pier and use the sandy beach. Virginia Beach Amusement and Pier Corporation constructed the pier and related facilities. In April of 1962, City Council issued an invitation to bid for the construction and operation of a fishing and amusement pier at 15th Street on the oceanfront (the "Pier"). On May 11, 1962, a franchise for a term of 20 years was granted to the same family business, then known as the Virginia Beach Pier and Amusement Company ("VBPAC"). Since the expiration of the original 20-year term, additional 5-year franchises and one three-year franchise have been granted to VBPAC's successor, Entertainment, Inc. The pier has been continuously maintained and operated by the same family since 1949. The current franchise has expired and Entertainment, Inc. has expressed a desire to continue to operate the Pier (including its related facilities) for an additional five (5) year term. ^ Considerations: The term of the franchise will be effective as of November 1, 2009 until October 31, 2014. As a condition of granting an additional five (5) year franchise, the City is requiring Entertainment Inc. make certain repairs and refurbishments to the Pier. ^ Public Information: Advertisement for public hearing as required by §15.2-1800 of the Code of Virginia, advertisement of City Council agenda. ^ Alternatives: Adopt the ordinance as presented, change any conditions or terms of the franchise agreement or disapprove the ordinance. ^ Recommendations: Adopt the ordinance granting the franchise and authorizing the City Manager to execute the franchise agreement in accordance with the attached Summary of Terms. ^ Attachments: Ordinance Summary of Terms Recommended Action: Approval Submitting Department/Agency: Strategic Growth Area Office City Manager: ~ . 1'0~ ~ AN ORDINANCE TO GRANT A FRANCHISE 2 TO ENTERTAINMENT, INC. FOR THE USE 3 OF CITY PROPERTY AT THE OCEANFRONT 4 AND 15T" STREET FOR THE OPERATION 5 OF THE VIRGINIA BEACH FISHING PIER 6 ~ WHEREAS, on May 11, 1962, the City Council originally granted atwenty- g year franchise to Virginia Beach Pier and Amusement Company ("VBPAC") at the 9 oceanfront and 15th Street for the construction and operation of a fishing and io amusement pier (the "Virginia Beach Fishing Pier"); I1 12 WHEREAS, since the expiration of the original twenty-year franchise, 13 additional five-year franchises and one (1) three-year franchise have been granted to 14 the VBPAC's successor, Entertainment, Inc.; is 16 WHEREAS, the current franchise has expired and Entertainment, Inc. t~ desires to continue operating the pier and its related facilities; ig 19 WHEREAS, Entertainment, Inc. has agreed to make certain repairs and 20 refurbishments to the pier as a condition to the granting of a new franchise; 21 22 WHEREAS, City staff has recommended to the City Council that a 23 franchise be awarded to Entertainment, Inc. for afive-year term; and 24 2s WHEREAS, based on the staff's recommendation and the pier's long-time 26 existence, the City Council finds that granting afive-year franchise for the operation of 27 the Virginia Beach Fishing Pier will promote the public interest and serve to enhance the 2a festive atmosphere at the oceanfront. 29 3o NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 31 OF VIRGINIA BEACH, VIRGINIA: 32 33 1. That a franchise is hereby granted to Entertainment, Inc. to operate 34 the Virginia Beach Fishing Pier at its existing location effective November 1, 2009 until 3s October 31, 2014. 36 37 2. That the City Manager, or his designee, is hereby authorized to 3s execute the franchise agreement with Entertainment, Inc. in accordance with the 39 Summary of Terms attached hereto, and made a part hereof, and such other terms and 4o conditions deemed necessary and sufficient by the City Manager and in a form deemed 4t satisfactory by the City Attorney. 42 43 Adopted by the Council of the City of Virginia Beach, Virginia, on this 44 day of , 2010. i APPROVED AS TO LEGAL SUFFICIEN Y: r __ City Attorney CA11638 V:\applications\citylawprod\cycom32\W pdocs\D026\P002\00040994.DOC R-1 August 13, 2010 APPROVED AS TO CONTENT: SUMMARY OF TERMS Proposed Franchise For Virginia Beach Fishing Pier Grantor: City of Virginia Beach Grantee: Entertainment, Inc. Franchise Property: See Exhibit A property designated as "Pier Property" Term: November 1, 2009 through October 31, 2014. Franchise Fee: $14,000 for first year of franchise $20,000 for each additional year of franchise Franchise fee to be paid in equal installments on the 15~' of each June, July, August and September of each year. Responsibilities of Grantee: • Shall keep Pier and Pier Property in good condition and repair. • Shall provide commercial liability coverage including product liability coverage in the amount of not less than $1,000,000 (CSL). • Shall indemnify and hold harmless the Grantor for all claims, damages or losses resulting from Grantee's operation, occupancy and use of the Pier and Pier Property or the conduct of its operation, or resulting from the negligence or intentional acts or omissions of the Grantee. Permitted Uses: • Rental and sale of bait and tackle for fishing. • One or more restaurants with a maximum area of 4,600 square feet each. • Retail stores engaged in the sale oftourist-related merchandise, goods and/or services. However, the sale of time shares shall be permitted only from a specified kiosk on the Pier. Rights and Responsibilities of Grantor: • Shall have the right to inspect the Pier and the Pier Property at all reasonable times with or without notice to the Grantee. Shall have the right to cancel and terminate the franchise on written notice to the Grantee upon failure of the Grantee to cure a default or a breach of the terms and conditions of the franchise. Shall have the right, with no compensation to the Grantee, to photograph the Pier, including the interior and exterior thereof, any persons on and about the Pier and the name of the Grantee's establishments, and to use any such photographs in any of the Grantor's publicity or advertising. Special Conditions: From November 1 through January 6 of each year, the Grantor shall have the right to place on the Pier electric lights, electrical wiring, temporary junctions or fuse boxes and such other equipment needed by Grantor in connection with a holiday light display on the Virginia Beach oceanfront boardwalk of the type currently known as "Holiday Lights at the Beach". Franchise is assignable upon written consent of the City. The City may consent or decline to consent to any such assignment. Franchise to maintain reserve of $75,000 to provide for removal or repair of Pier in event of storm damage or other natural disaster. Repairs To Be Made By Grantee: • Removal and Replacement of Chain Link Gates. No later than October 31, 2010, Grantee will replace two chain link gates located upon the Pier, with aluminum decorative gates. • Painting of Pipe Railings. No later than June 15, 2010, Grantee will paint the pipe railings on the roof of Ocean Eddie's restaurant. • Repainting of Wood Railings. No later than June 15, 2010, Grantee will paint railings surrounding the outdoor dining areas to match the painted railings located elsewhere upon the Pier. • Installation of New Lighting. Grantee will install ornamental lighting on the Pier, between the Virginia Beach boardwalk and the turnstiles to the fishing area of the Pier. The lighting will be identical to that used by the City along the Virginia Beach boardwalk. Along the fishing area of the Pier, Grantee will install low profile, low voltage lighting fixtures. Grantee will complete its installation of the new lighting fixtures no later than June 15, 2010. Air Conditioning Unit Replacements. No later than June 15, 2010, Grantee will replace eleven (11) roof-top air conditioning units with "slim- line" air conditioning units. The foregoing will not include replacement of one (1) roof-top air conditioning unit owned by a tenant of the Pier. Structural Repairs. No later than October 31, 2010, Grantee will install new bolts in structural features of the Pier, new caps, and new decking _ between the Pier entrance and just beyond the turnstile to the fishing area of the Pier. All repairs on will meet or exceed the recommendations made by W. Carter Sinclair, Jr., P.E., of SPC Structural Engineers, dated March 29, 2010. Any repair or repainting referenced on Paragraphs 1 - 3 of Exhibit B shall be performed as needed to ensure a consistent state of repair through the term of this Agreement. EXHIBIT A The pier property, generally known as the "15t~' Street Pier", extending from the Boardwalk over the sandy beach and into the Atlantic Ocean generally east of 15"' Street in the City of Virginia Beach, more particularly described as follows: PIER PROPERTY All that certain strip, tract or parcel of land lying in the City of Virginia Beach, Virginia, lying east of the Entertainment, Inc. Tract (as defined below), being bounded on the west by the Entertainment, Inc. Tract, on the east by the low water mark of the Atlantic Ocean, on the north by an extension into the Atlantic Ocean of the northern line of the Entertainment, Inc. Tract, and on the south by the extension into the Atlantic Ocean of the southern line of the Entertainment, Inc. Tract, together with all ways, water courses, riparian rights, privileges and appurtenances to the same belonging. ENTERTAINMENT INC. TRACT All that certain tract, piece or parcel of land, together with the all buildings, appurtenances and riparian rights thereto belonging, including all piers, wharves and structures thereon and extending eastwardly therefrom, located in the City of Virginia Beach, Virginia, and described as follows: Beginning at a point in the eastern line of Atlantic Avenue 92 feet and 6 inches north of the intersection of the northern line of 14th Street with the eastern line of Atlantic Avenue, and running thence northwardly along the eastern line of Atlantic Avenue 289 feet and 6 inches to a point in the eastern line of Atlantic Avenue; thence eastwardly and parallel with 14th Street 150 feet to a point; thence southwardly parallel with Atlantic Avenue 289 feet and 6 inches to a point; thence westwardly parallel with 14th Street, 150 feet to the point of beginning; it being a portion of Block 1 as shown on the plat of property of Norfolk and Southern Railroad dated April 2, 1914, and recorded in the aforesaid Clerk's Office in Map Book 6 at page 320. ~NU ~C~ ,ES~~~ r ~ F~ =43 ~: ~.,, , 4; :~~ ``'~ww.. r-~., CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Declaring Portions of the Property Located at the Intersection of Princess Anne Road and Winterberry Lane in Excess of the City's Needs and Authorizing the City Manager to Grant Easements Over Such Property to Mountain Ventures Virginia Beach, LLC MEETING DATE: August 24, 2010 ^ Background: Mountain Ventures Virginia Beach, LLC ("Mountain Ventures") has requested that it be granted an ingress/egress easement (the "Access Easement") across a portion of City-owned property located at the intersection of Princess Anne Road and Winterberry Lane (GPIN: 1494-09-6316) (the "Property"). The purpose of the Access Easement would be to allow Mountain Ventures to construct and maintain an ingress/egress drive (the "Access Drive") to and from the Landstown Commons Shopping Center (the "Shopping Center") and Winterberry Lane. To construct the Access Drive, Mountain Ventures has requested a temporary construction easement (the "Construction Easement"). Mountain Ventures has also requested a landscaping easement (the "Landscaping Easement") over a portion of the Property for the purpose of planting and maintaining landscaping as a buffer between the Access Drive and the adjacent residential properties. Mountain Ventures agrees to construct and maintain the Access Drive and all landscape improvements in compliance with City standards and requirements. In exchange for the Access Easement, the Landscaping Easement, and the related Construction Easement, Mountain Ventures has agreed to convey to the City an access easement over the main drive aisle of the Shopping Center parcel to the traffic light at Princess Anne Road. ^ Considerations: The agreement for the easements will contain provisions that protect against damage claims resulting if Winterberry Lane's access to Princess Anne Road is ever closed or if access will be affected by road improvements. The adjacent civic league (Landstown Meadows) and the adjacent homeowners are in agreement with the granting of the easements and the construction of the roadway and landscape improvements. ^ Public Information: Advertisement for public hearing as required by law and advertisement of City Council Agenda. ^ Alternatives: Approve the requests as presented, deny the requests, or add conditions as desired by Council. ^ Recommendations: Approve the requests, subject to the terms and conditions of the Summary of Terms. ^ Attachments: Ordinance Summary of Terms Location Map Easement Exhibit Recommended Action: Approve Submitting Department/Agency: Public Works -Real Estate City Manager. S k~~ 1 AN ORDINANCE DECLARING PORTIONS OF 2 THE PROPERTY LOCATED AT THE 3 INTERSECTION OF PRINCESS ANNE ROAD 4 AND WINTERBERRY ROAD IN EXCESS OF 5 THE CITY'S NEEDS AND AUTHORIZING THE 6 CITY MANAGER TO GRANT EASEMENTS 7 OVER SUCH PROPERTY TO MOUNTAIN 8 VENTURES VIRGINIA BEACH, LLC 9 to WHEREAS, the City of Virginia Beach (the "City) is the owner of that certain 11 parcel of land located at the intersection of Princess Anne Road and Winterberry Road 12 (GPIN: 1494-09-6316) (the "Property"); 13 14 WHEREAS, Mountain Ventures Virginia Beach, LLC ("Mountain Ventures") has 15 requested that it be granted an ingress/egress easement (the "Access Easement") 16 across the Property to allow Mountain Ventures to construct an access drive (the 17 "Access Drive"), which would provide access to and from Landstown Commons is Shopping Center (the "Shopping Center") from Winterberry Lane; 19 20 WHEREAS, Mountain Ventures has also requested a landscaping easement (the 21 "Landscaping Easement") over a portion of the Property for the purpose of planting and 22 maintaining landscaping as a buffer between the Access Drive and the adjacent 23 residential properties; 24 25 WHEREAS, Mountain Ventures has also requested a 10' temporary construction 26 easement (the "Construction Easement") along the Access Drive for purposes of 27 constructing the drive; 28 29 WHEREAS, Mountain Ventures agrees to construct and maintain the Access 3o Drive and all landscape improvements in compliance with City standards and 31 requirements; 32 33 WHEREAS, in exchange for the Access Easement, the Landscaping Easement, 34 and the Construction Easement from the City, Mountain Ventures will convey to the City 35 an access easement over the main drive aisle of the Shopping Center parcel to the 36 existing Shopping Center entrance at Princess Anne Road; and 37 3s WHEREAS, the City Council is of the opinion that the portions of the Property 3 9 relating to the Access Easement and the Landscaping Easement are in excess of the 4 o needs of the City of Virginia Beach. 41 42 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 43 VIRGINIA BEACH, VIRGINIA: 44 45 That the portions of the Property relating to the Access Easement and 46 Landscaping Easement are hereby declared to be in excess of the needs of the City 47 and that the City Manager is hereby authorized to execute any documents necessary to 4 s convey an Access Easement, a Landscaping Easement, and a related Construction 49 Easement over the Property to Mountain Ventures in substantial conformity with the 5o Summary of Terms attached hereto and such other terms and conditions deemed 51 necessary and sufficient by the City Manager and in a form deemed satisfactory by the 52 City Attorney. 53 54 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 5 5 of , 2010. APPROVED AS TO CONTENT ~ C, sti,,. lic Works APPROVED AS TO FORM City Attorney CA11425 \lvbgov.com\DFS1 V+pplicatlons\CityLawProdkycom32\W pdocs1D024\P006100056932.DOC R-1 August 13, 2010 SUMMARY OF TERMS Easements to be Conveyed to ' Mountain Ventures: Access Easement over a portion of GPIN: 1494-09-6316 Landscaping Easement over a portion of GPIN: 1494-09- 6316 10'-wide Temporary Construction Easement over a portion of GPIN: 1494-09-6316 Easement to be Conveyed to the Ci Access easement over the main drive aisle of Landstown Commons Shopping Center in Virginia Beach, to entrance at Princess Anne Road Obligations of Mountain Ventures: Maintain public liability insurance in amounts reasonably requested by City Construct and maintain access drive and landscaping improvements in compliance with City standards and requirements City Termination Rights: City may terminate the easements granted to Mountain Ventures, in its sole discretion, in the event of certain circumstances. If City terminates the easements within 11 years of the date of the Easement Agreement, then the City will reimburse Mountain Ventures for its cost of construction. ~_ 1 'i `~ ,, ~" ~~ 1~ `~-~~~yr~ '1~ `"V' !'~` o `~../ M ~O 01 ~ O a ~ ~ ~ ~~ Z Z "p,F?BERR~ ~ a ~ ~ Q V o~c O W ~ a O a ~_ V o ~C e~ ~~2~ _~~~, ~s ~ o ~a ~w~ 0 ~~~ Qe ~ _ ~ x ~~~~ W z _~ o 1 T Z~ r © ~' a n ~~ o ~~ ~ - \~ ~i ~~ ~ CJ ~~~ ~ fl ~~ ~~ ~~ ,~~/ M tD O r m Z >a U C7 ~--' a x LL Q m a T a M a 0 ~Vm ° J Q m ~ o N Q T U Z O o O ` N J a ~ ~ m a Q X T M O~ O v rn Z Q o a m ~, = U U ~ -- Q) lU J __ ~~~~~i -~, -~,.., .,.. H W ~"' W W a W Z ~ I ~ , ~.~~ ~` ~ N ~ H ~ a ~ o , i a r G W Q Z r ~ ~ ~ U W ~ ~ i ~ °a o ~ a ~ ~_~;. ~~~,_. ,~..~~ ~ Q Q ~ 4 t ~ ~ a .~ u~ a ~ , w _ _ Q , . c.; c .~ i ~ E.~ ~ ~ ~ w ~ c~= _ yr+ ~^, ~ W ~ t r~ _} w ~ _ ~„-- ~_~, z ~ .-. ~~ OW V Z Z W ~ ~ U W ~ Z ~ d z Q '~ Q = Cl. J ~ ~ {~-- i c. w w ~ .,; t H W ~' j_ W ,.~ w r ~' .,~ t~~ r~ ~w ;.~ ~~-, cam. w <<, H -` ~'= jtsf ~ ~ i1 ! •• Lr ~, r 'V, ' " ~I ~~ '~ -v t- ~. ~~ ~ ~= -~ -t ~ ~'' -' w ~' -~ ~`' ~,~ f i ,LS°l~~ '+ ~ 3N~~,~~.9~N ~' ' „"~' F ~ ~ ~, ~~ ; r_n, W J ~ a da ' i,L; ~ J C ~+ ' ~ w ~~ ~-- - ilk f-- _ ,~ 04 ~ ~4 S ~a E~~~~j CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing an Easement over 1,740 +/- Sq. Ft. of City-Owned Property located off Norfolk Avenue by Virginia Electric and Power Company MEETING DATE: August 24, 2010 ^ Background: Virginia Electric and Power Company ("VEPCO") has requested the City grant it a 1,740 +/- sq. ft easement over a portion of the City-owned multi-use path along Norfolk Avenue and the adjacent open area, approximately 624 feet west of the intersection of Norfolk Avenue and Cypress Avenue (the "Easement"), for the purpose of installing and maintaining two (2) pad-mounted stepdown transformers and underground cables. ^ Considerations: As part of a VEPCO's load relief project, the Easement is needed to provide reliable electric service and prepare for future demand in the area. The Easement will not interfere with the public's right to use the multi-use path along Norfolk Avenue. ^ Public Information: Advertisement of Public Hearing Advertisement of City Council Agenda ^ Recommendations: Authorize the City Manager to execute the necessary documents with VEPCO to establish the Easement in favor of VEPCO. ^ Attachments: Ordinance Location Map Recommended Action: Approval of the Ordinance Submitting Department/Agency: Public Works /Real Estate City Manager: ~~ ,~y~,Q~ 1 AN ORDINANCE AUTHORIZING THE GRANTING 2 OF AN EASEMENT OVER 1,740 +/- SQ. FT. OF 3 CITY-OWNED PROPERTY LOCATED OFF 4 NORFOLK AVENUE BY VIRGINIA ELECTRIC AND 5 POWER COMPANY 6 7 WHEREAS, Virginia Electric and Power Company ("VEPCO") has 8 requested the City grant it an easement over a portion of the City-owned multi- 9 use path and adjacent open area, approximately 624 feet west of the intersection 10 of Norfolk Avenue and Cypress Avenue (the "Easement"), for the purpose of 11 installing and maintaining two (2) pad-mounted stepdown transformers and 12 underground cables; 13 14 WHEREAS, the Easement will contain approximately 1,740 sq. ft. (0.0399 15 acre) (the "Easement Area") and is needed for part of a VEPCO load relief 16 project to provide reliable electric service and prepare for future demand in the 17 area; 18 19 WHEREAS, the Easement Area will be used for the installation and 20 maintenance of two (2) pad-mounted stepdown transformers and underground 21 cables. 22 23 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 24 CITY OF VIRGINIA BEACH, VIRGINIA: 25 26 That the portion of the Property relating to the Easement is hereby 27 declared to be in excess of the needs of the City and that the City Manager is 28 hereby authorized to execute the necessary documents to grant an easement to 29 VEPCO over City-owned property in Virginia Beach, Virginia, as shown on the 30 plat attached hereto as Exhibit A, and the documents shall contain such other 31 terms and conditions deemed necessary and sufficient by the City Manager and 32 in a form deemed satisfactory by the City Attorney. 33 34 Adopted by the Council of the City of Virginia Beach, Virginia on the 35 day of , 2010. APPROVED AS TO LEGAL APPROVED AS TO CONTENT SUFFICIENCY AND FORM -~~ G~rrn~ C.~~ City Attorney P is Works -Real Estate CA11635 \\vbgov.com\DFS 1 Wpplicalions\CityLawProd\cycom32\ Wpdocs\D019\P007\00063897.DOC R-1 August 13, 2010 ~ ~ _ ~ 0 R N S ~ ~ Z ~~8v 4F~8; I I I Q w ~m~= ~m~s z~ ' 1 w ~ W = ~ R $ v`- ~ ~v ~ ~ ~ ~ I I ~ O w a ~ ~ II Nt33~~~ ~' 1 1 I ~ U~ g g R __ 12.08 ~ ~ - I I Z ~ ~' 8 !'~ ml'oN~ = 1 ~ I ~ J ~ W > VQ• W $g I~ 1~ I ~ Z m Z ~ ~ n o r+ p U _ sp ~~ ~~ ~' RN ~ ~ Og I e ~ ~ O V ~ ~ n 17 g: z ~-E b y° * ~ vWi ~ ° " s R SRN ~~~~4.oe a R I $g ~ O ~ ~m~ ygn d O o ~'' u ~ ~ '^^ I ~ ~ 1 $ in7 1 ~ ~ 1 iog .Ol I W ~ ~R ~ I ~~ z 1 1 ~o 1 1 1 ~ g$ 1 I ~ c e I ~ S l an ~ 1 1 ` •e .C c ~ I&Rxo~l I ~~~ ~ I ~ I I ~ ~°"~ `' ~ ~ m 1 1 I n$ w am ' I ~ I 7°v dS ~m I 1 1 1 g~ i ~ 1 1 ~ ins: ~ ~~ I 1 I 1 I 1 ~ LL~ I 1 I •~ Y z ("~ I ~ ~ € ~~ ~1~~~ I~N~ ( I W 6 ~ ~ ~ O ~ ~~X~ggg~ ~ ~ Y ~ ~ ~ ~ ~~ ~ ~~ ;gin ~ ~~=g~ I I ~ € I r£j ~ DYf _~~~ I ~ I Z v i ~ ~ ~~~ ~ ~~ ~~ y I 1 1 ~ii @C 1 1 I ~ ~ tip 1 I n¢ 1 1 I I ~~a~€ I I o ~~~ ~e ~$ ~ 1 2 .. N ri v 1 1 ~rg$ I I N } ~ #6; I 1 uY~~~ ____Z ~~ ~ ~.. 1 1 1 1 1 I 1 1 1 ~ I I I ~ ~ a ~ 1 I I = fA I 1 1 ~O~ Q W NN I N V A1~ ~ i 1 I • I I ~=n$~ OOQ N 1 1 °~ 1 I s Cn OI ^a I I n 1 1 g=NC v ~~ ~~~ 1 I : - I I ~~~ ~ ^o NN J F 1 S I I ~ ~ ~~ 1 ~ ~l S I ~ N ~1~ a N,533~~5"`W 1 1 oz o rn ~Q ~ ~ ~~ I ~ ~ aw ~ s ~ ~a~ ~^ d 1181HX3 _J U ~ w ti~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Authorize an Application for Project Matching Funds under the VDOT Revenue Sharing Program for the Princess Anne Road/Kempsville Road Intersection Improvements Project MEETING DATE: August 24, 2010 ^ Background: The General Assembly continued the VDOT Revenue Sharing Program for FY 2010-11, which allows fora 50/50 match up to $1 Million for projects that can enhance safety and/or capacity. Due to the amount of requests, the allocations have been prorated among those localities that requested funds. The City has identified the Princess Anne Road/Kempsville Road Intersection Improvements project (CIP #2- 048) as a candidate project for this program. The Princess Anne Road/Kempsville Road Intersection Improvements project is currently in VDOT's Six-Year Improvement Program and the City's Capital Improvement Program. This project will provide an increase to the capacity of the intersection to meet future demands and eliminate current congestion problems. This project is scheduled to be advertised in September 2010, and the total project cost is estimated to be about $90 million. t Considerations: The Revenue Sharing Program provides that localities that contribute a share equal to the matching requirement be given higher priority over other localities. There is sufficient City funding in the project to satisfy our required match. The additional State funding under the Revenue Sharing Program would help ensure that the project receives adequate funding to be constructed in a timely manner. ^ Public Information: Public meetings have previously been held as part of the design process. This item will be advertised as part of the normal Council Agenda process. ^ Recommendations: Adopt the attached resolution. ^ Attachments: Resolution and Location Map Recommended Action: Approval Submitting Department/Agency: Public Works Engineering City Manager: k 1 A RESOLUTION TO AUTHORIZE AN APPLICATION FOR 2 PROJECT MATCHING FUNDS UNDER THE VDOT 3 REVENUE SHARING PROGRAM FOR THE PRINCESS 4 ANNE ROAD/KEMPSVILLE ROAD INTERSECTION 5 IMPROVEMENTS PROJECT 6 7 WHEREAS, the City of Virginia Beach desires to submit an application for an 8 allocation of funds of up to $1,000,000 through the Virginia Department of 9 Transportation (VDOT) Fiscal Year 2010-11 Revenue Sharing Program; and 10 11 WHEREAS, up to $1,000,000 of VDOT funds are requested to fund 12 improvements as described in CIP #2-048, Princess Anne Road/Kempsville Road 13 Intersection Improvements. 14 15 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 16 VIRGINIA BEACH, VIRGINIA THAT: 17 18 1. The City Council hereby supports the application for an allocation of up to 19 $1,000,000 through the VDOT Revenue Sharing Program to CIP #2-048, Princess Anne 20 Road/Kempsville Road Intersection Improvements; and 21 22 2. The City Manager is hereby authorized to execute on behalf of the City of 23 Virginia Beach all necessary agreements for project development and construction. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2010. APPROVED AS TO CONTENT: 1 V , Management Services APPROVED AS TO CONTENT: ~~~~~ Dep ment of Public Works APPROVED AS TO LEGAL SUFFICIENCY: City Att y s Office CA11586 R-2 August 11, 2010 ~~fl ~ r_~.~ r ¢ ` ~~ __. _ , ~ ,, ~_ O ,a ~. ,. l ~• - , ~; ~ ~ ~, ~, .., t , .= r aC ~ - O ~_ ~ ~ ~; ,1 .~ _ m ~ , • , , ~• ~, ;.. . ~ .: ~, ~. ~~, ~ ~ ._ p _ ~ ~. ,• ,~ E R ti C 5 ,E ~~ _ ~~ ~~' } 1~ Y, >>' ~ -~ ~ ~ ~ ptL'~ N E ~ ti C ! ~~{ ~ l~1 ~ ~ S ~~ l S ~ ~_ r~ .... /v ~,. . .., . o.. ~ Z; ~ _ ~ ~~,. ~~ ~ , r~ Ot _ ~ ~, m ~ ~- -, _~- , 7~ ,_ _, _ L~ ,. ~8 P ~ ~ ~~ .. M ;• ~• ~~ ~ - ~ '('i'1 , ~,~ `~-' ~ r J ~ ~ ~ ,. ~...` ~• . O~~ ,~ ~ ~, ~ ~„7 `~ ., ., !' 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'~- ~ .~ ~ _'. ~- . ~z ~ ~ -~ ~ i ., -~ ~ ~ . • ~ -, ,, ~. ,~ _ ,~ ~°Q ~ .~ ~ ~., ~~~ ~ J -' p J ,~ . ~~ '_ ~,. ,p - . ~ ~ -~ °~~~ ~' - - _` -- V ~~ -~ ~ ~ 1 ~ ~ 7 ~ ~~ ~ ~ ~ ~ ~ ~~ ~ ~ ~ ~- ~ FSTO _ ~,-~ z o ~ ~'~ ~- ,` 1 • _ ~ ~ _ _ rn ` ~ •~ ~iQ ~, ~_ /V _ ., _ ,~ ,~~ ~ ! 1 ~~ ~ 'i, jj 4 ~'~_ - - -. ~~~ ~. . ., r,,r - e _. _ , ~-~ ~ ~ ~. r , ~ ~ ~.r~ ,-,.. ~ t ~ n -- r ~ '-a ~~ ~ '~ , .r ~' ~ FA~-RFIELD g ,,.. r .. ~ ~.. ~.. r .~~, ~. ,~ ~ ,rte' ., _ r ~~...~~ .. ~~ ~~/~~,~ ~~ ~ , ~ ` `~~._.r~..~a r ~ `~= ,. , . _.. ~~ -~ r ,, _~ i _ 1 ~r ~ `~... ._. r ~'~~ , ~ ~ ~ ~ .~ > ~! - ; _- '~ r, ` .~ " r } - ~ ~ ~ ~.. ~~. ~s ~ ~,~ ~~......,~-- .,. __ --~ s.~ . _~.~_. _.~.. . ~. ~ ,.; =~~~ ~~ LOCATION MAP ~ l~, ` t.. i 'F ~o ~', PRINCESS ANNE ROAD-KEMPSVILLE ROAD ~ ~~~ ~~~,. INTERSECTION IMPROVEMENTS ~ . ~.~-~ - ~ C I P 2-048 ~. __ __ . ---~-~~:.... ~_ ~ ~ _ . ; b .0 250 500 1,000 ~ ' ' Feet r ,a ~, ~~ •J. , E~-~'~`_•...,_) , ° p _ ; ~ ~ ~ >. .~, ., Prepared by P.W./Eng./Eng. Support Services Bureau 2/23/06 X:\ProjectslARC FilesWgenda Maps\PA Kempsville u ~~ ~~ - `CC (~ y [Z i• 111 ' ~'~ \`~ j~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate Funds to Provide an Interest-Free Loan to Sandbridge Rescue and Fire, Inc., for the Purchase of a Replacement Ambulance MEETING DATE: August 24, 2010 ^ Background: Sandbridge Rescue and Fire, Inc., known to the citizens as the Sandbridge Volunteer Rescue Squad is requesting a no-interest loan from the City for an ambulance that will replace their 1999 model ambulance that has over 175,000 miles currently and is expected to have over 200,000 miles at its retirement. The ten volunteer rescue squads in the City of Virginia Beach provide invaluable services to our community. The volunteer rescue squads own all the ambulances providing 911 emergency medical transportation services in the City of Virginia Beach. The volunteer rescue squads receive no direct tax funding for their operating costs to provide these services and do not charge their patients for the medical treatment and/or transportation rendered. The primary source of revenue for the volunteer rescue squads is through their individual squad fund drives, conducted annually. Depending on the availability of funds, the City provides some support costs for the Volunteer Rescue Squads, such as providing standard equipment for the ambulances; physical facilities and spaces to house and support equipment and personnel; paying utility bills for buildings and facilities housing a rescue squad, including those owned by a rescue squad; providing or paying for property and liability insurance for any building, facility or real property used to operate the volunteer emergency medical transport service; providing or paying for fuel for ambulances, zone cars and other emergency service vehicles; providing or paying for insurance covering ambulances and other emergency service and support vehicles owned by the rescue squads; providing adequate staff and budget for volunteer EMS recruitment and retention programs; providing initial and continued training and education of volunteers; and providing shift supervision. Also, the City of Virginia Beach has historically provided short term, no interest loans to the volunteer rescue squads servicing our citizens. The majority of these loans have been to provide initial capital for the acquisition of replacement ambulances. The cost of a new ambulance routinely exceeds $140,000 without consideration of the medical equipment, supplies or personnel. ^ Considerations: The attached letter from the Sandbridge Volunteer Rescue Squad has been received by the Department of Emergency Medical Services requesting a no interest loan in the amount of $100,000 payable in five equal annual payments of $20,000 each. The first payment would commence October 2011. The Sandbridge Volunteer Rescue Squad will be utilizing approximately $50,000 of their fund drive monies to fund a portion of the estimated $150,000 cost of the replacement ambulance. Funds are available in the fund balance of the General Fund to provide this loan. ^ Public Information: Information will be disseminated through the regular Council agenda notification process. ^ Alternatives: The alternative to this request could include pursuit of a business loan from a private financial institution, which will be costlier and will cause the rescue squad to further delay purchase of the replacement ambulance. ^ Recommendations: The Department of Emergency Medical Services recommends approval of this loan request and ordinance. ^ Attachments: Ordinance, Loan Agreement, Promissory Note, Letter from Sandbridge Volunteer Rescue Squad Requesting a No Interest Loan Recommended Action: Approval ~ _ ,_ Submitting Department/Ageln/cy: Department of Emergency Medical Services " City Manager: l~ ~ ~. 1 AN ORDINANCE TO APPROPRIATE FUNDS TO PROVIDE 2 AN INTEREST-FREE LOAN TO SANDBRIDGE RESCUE 3 AND FIRE, INC., FOR THE PURCHASE OF A 4 REPLACEMENT AMBULANCE 5 6 WHEREAS, Sandbridge Rescue and Fire, Inc., has raised $50,000 through fund 7 raising initiatives for the purchase of a replacement ambulance with estimated cost of 8 $150,000. 9 10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 11 VIRGINIA BEACH, VIRGINIA, THAT: 12 13 1. $100,000 is hereby appropriated from the fund balance of the General Fund 14 for an interest-free loan to Sandbridge Rescue and Fire, Inc., for the purchase of a 15 replacement ambulance, contingent upon execution of the attached agreement; and 16 17 2. This loan is to be repaid by Sandbridge Rescue and Fire, Inc., over five (5) 18 years, pursuant to the terms of the attached promissory note. 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 ~~ Q . Management Services Approved as to Legal Sufficiency ey s O ice CA11575 R-2 July 22, 2010 Agreement Between the City of Virginia Beach and the Sandbridge Rescue and Fire Incorporated THIS AGREEMENT is made and entered into this day of , 2010, by and between the CITY OF VIRGINIA BEACH, VIRGINIA ("CITY") and SANDBRIDGE RESCUE AND FIRE, INCORPORATED, d/b/a/ the Sandbridge Volunteer Rescue Squad ("RESCUE SQUAD"), in accordance with the provisions of Code of Virginia §§ 27-15.2 and 27-23.6. WHEREAS, the RESCUE SQUAD maintains equipment and personnel for emergency medical services within the City of Virginia Beach; and WHEREAS, the RESCUE SQUAD desires to provide the CITY with qualified and certified volunteer personnel and equipment to provide emergency medical services, and WHEREAS, the CITY hereto desires to support the volunteer emergency medical services in Virginia Beach provided by the RESCUE SQUAD; and WHEREAS, it is mutually deemed sound, desirable, practicable, and beneficial for the parties to enter into this agreement to render support and services to one another in accordance with these terms. WITNESSETH For and in consideration of the mutual promises and covenants set forth herein, and for other valuable consideration related to the acquisition of a vehicle, the parties enter into the following agreement as defined below: RESPONSIBILITIES OF THE CITY A. Provide a no interest loan for the purchase of the vehicle. B. Provide standardized equipment required for operations within the City including, but not limited to mobile communications devices, pagers, and map books. C. Provide or pay for insurance covering emergency service and support vehicles owned by the RESCUE SQUAD. D. Provide fuel for the vehicle. E. Provide all vehicle maintenance and inspection services, including payment of the annual maintenance fee, in support of the vehicle through the CITY's Division of 1 Automotive Services, so long as the vehicle remains aCITY-insured vehicle. The Division of Automotive Services shall maintain maintenance records and allow the RESCUE SQUAD's officers access to those records. RESPONSIBILITIES OF THE RESCUE SQUAD A. The RESCUE SQUAD shall repay the loan for the vehicle according to the Promissory Note. The RESCUE SQUAD shall have the ability to request reasonable relief on the due date/amount should extenuating circumstances occur. This request for extension shall be made to the EMS Chief no less than 30 days prior to the payment due date. B. If the vehicle is sold, after satisfying all conditions of the loan, including repayment, the CITY-owned equipment shall be removed and returned to the CITY prior to the sale of the vehicle, unless prior arrangements have been made to reimburse the CITY for the fair market value of the CITY-owned equipment. C. If, notwithstanding the provisions of subsection E in the prior section, the RESCUE SQUAD elects not to use the services of the CITY's Division of Automotive Services for any and all maintenance and inspection services, it shall be the responsibility of the RESCUE SQUAD to maintain the vehicle in accordance with the manufacturer's recommended maintenance schedule and procedures. The RESCUE SQUAD shall pay for all necessary maintenance and repairs and shall only use repair shops that are acceptable to the EMS Chief. DEFAULT AND MODIFICATION A. In the event that the RESCUE SQUAD defaults on the loan, the CITY may in its sole discretion agree to a modification of this agreement, in accordance with the modification procedure set forth in the next subsection. If the parties do not agree in writing to a modification of this agreement, then, upon default of the loan, ownership of the vehicle shall revert to the CITY. The CITY shall provide a rebate to the RESCUE SQUAD based on the net difference between the fair market value of the vehicle and the unpaid portion of the loan. If the CITY and the RESCUE SQUAD are unable to agree upon the fair market value of the vehicle, the parties shall select a third party who is acceptable to both the CITY and the RESCUE SQUAD to determine the vehicle's fair market value. B. This agreement may be reviewed at any time upon the direction of the City Manager. Each party must agree in writing to any subsequent modifications. 2 IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. CITY OF VIRGINIA BEACH, VIRGINIA James K. Spore, City Manager ATTEST: City Clerk SANDBRIDGE RESCUE AND FIRE, INC'. By: Title: APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Virginia Beach Management Services City Attorney's Office Virginia Beach Risk Management Virginia Beach EMS Chief 3 PROMISSORY NOTE $100,000 Virginia Beach, Virginia August 24, 2010 FOR VALUE RECEIVED, SANDBRIDGE RESCUE AND FIRE, INC, d/b/a the Sandbridge Volunteer Rescue Squad, ("Maker"), promises to pay, without offset, to the order of the CITY OF VIRGINIA BEACH, VIRGINIA, ("Noteholder") at Municipal Center, Virginia Beach, VA, or such other place as Noteholder may designate in writing, the principal sum of ONE HUNDRED THOUSAND DOLLARS ($100,000) together with interest thereon. From the date of this Note, interest on the unpaid principal balance shall accrue at the rate of ZERO Percent (0%) per annum. Payment on principal shall be as follows: On or before October 1, 2011 - $20,000 On or before October 1, 2012 - $20,000 On or before October 1, 2013 - $20,000 On or before October 1, 2014 - $20,000 On or before October 1, 2015 - $20,000 This note may be prepaid in whole or in part without penalty. Any such prepayments shall be applied to principal. If the Noteholder has not received the full amount of the annual payment by the end of 15 calendar days after the date it is due, Maker will pay a late charge to the Noteholder. The amount of the charge will be 15% of any overdue payment of principal. Maker will pay this late charge promptly but only once on each late payment. If Maker does not pay the full amount of each annual payment on the date it is due, Maker will be in default, and the entire principal amount hereof, together with all accrued interest and late charges, shall become immediately due and payable at the option of the Noteholder. Failure to exercise this option upon any default shall not constitute or be construed as a waiver of the right to exercise such option subsequently. Presentment, demand, protest, notices of dishonor and of protest, and all defenses and pleas on the ground of any extension or extensions of the time for payment or of the due dates of this note, the release of any parties who are or may become liable heron, in whole or in part, before or after maturity, with or without notice, are waived by the Maker and are jointly and severally waived by any endorsers, sureties, guarantors and assumers hereof. It is further agreed by each of the foregoing parties that they will pay all expenses incurred in collection this obligation, including reasonable attorney's fees, if this obligation or any part hereof is not paid when due. WITNESS the following signature(s). SANDBRIDGE RESCUE AND FIRE, INC. By: , Name Title Sandbridge Volunteer Rescue Squad ~_ January 12, 2010 Chief Bruce Edwards Department of EMS City of Virginia Beach Dear Chief Edwards: The following information is provided to support the Sandbridge Volunteer Rescue Squad's request for a no-interest loan to replace one of our ambulances: o Ambulance to be Replaced: Unit 1721 is a 1999 Ford/Norton model with 175,000 miles. Estimated mileage at replacement in the second quarter of 2011 will be well over 200,000 miles. Estimated trade-in value is $5,000 to $10,000. o Estimated Cost of Replacement: Current estimates for a new ambulance is approximately $150,000. This does not include the City's minimal cost of moving the radios, Mobil Data Terminal, and antennas from the old to the new ambulance. o Loan Amount: Given the City's current budgetary problems we are asking for a $100,000, no-interest loan to be repaid in four or five annual payments. 305 Sandbridge Road • Virginia [3each, Virginia 23456 o Justification: 00 1721 has been in service for over 10 years and will have amassed over 200,000 miles when retired from service next year. As is the case with older ambulances, it experienced increased maintenance costs and down-time last year. 0o This increased down-time has adversely impacted our ability to support special functions, accomplish end-of-shift turnovers without gaps in coverage, and maintaining one ambulance in-station to respond to calls in Sandbridge with off duty personnel. Sincerely, ..-~ ~, ~~ ~~~ ~~^ red W. reene - President .'. _.. Sandbridge Volunteer Rescue Squad ~°~ y ti y'E+ ~ro FF ^`. ~~ 4 _'.. ' .' .~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate Funds to Provide an Interest-Free Loan to the Kempsville Rescue Squad, Incorporated, for the Purchase of a Replacement Ambulance MEETING DATE: August 24, 2010 ^ Background: The Kempsville Rescue Squad, Inc., known to the citizens as the Kempsville Volunteer Rescue Squad, requests a no-interest loan from the City for an ambulance that will replace their 2002 model ambulance that has over 200,000 miles. The ten volunteer rescue squads in the City of Virginia Beach provide invaluable services to our community. The volunteer rescue squads own all the ambulances providing 911 emergency medical transportation services in the City of Virginia Beach. The volunteer rescue squads receive no direct tax funding for their operating costs to provide these services and do not charge their patients for the medical treatment and/or transportation rendered. The primary source of revenue for the volunteer rescue squads is through squad fund drives, conducted annually. Depending on the availability of funds, the City provides some support costs for the Volunteer Rescue Squads, such as providing standard equipment for the ambulances; physical facilities and spaces to house and support equipment and personnel; paying utility bills for buildings and facilities housing a rescue squad, including those owned by a rescue squad; providing or paying for property and liability insurance for any building, facility or real property used to operate the volunteer emergency medical transport service; providing or paying for fuel for ambulances, zone cars and other emergency service vehicles; providing or paying for insurance covering ambulances and other emergency service and support vehicles owned by the rescue squads; providing adequate staff and budget for volunteer EMS recruitment and retention programs; providing initial and continued training and education of volunteers; and providing shift supervision. Also, the City of Virginia Beach has historically provided short term, no interest loans to the volunteer rescue squads servicing our citizens. The majority of these loans have been to provide initial capital for the acquisition of replacement ambulances. The cost of a new ambulance routinely exceeds $140,000 without consideration of the medical equipment, supplies or personnel. ^ Considerations: The attached letter from Kempsville Volunteer Rescue Squad has been received by the Department of Emergency Medical Services requesting a no interest loan in the amount of $62,000 payable in five equal annual payments of $12,400 each. The first payment would commence October 2011. The Kempsville Volunteer Rescue Squad has been awarded a State Rescue Squad Assistance Fund grant of $65,083 to fund a portion of the estimated $140,000 cost of the replacement ambulance, and they will be utilizing approximately $13,000 of their fund drive monies to balance the remainder of cost. Funds are available in the fund balance of the General Fund to provide this loan. ^ Public Information: Information will be disseminated through the regular Council agenda notification process. _ ^ Alternatives: The alternative to this request could include pursuit of a business loan from a private financial institution, which will be costlier and will cause the rescue squad to further delay purchase of the replacement ambulance. Delay in purchasing the ambulance may endanger receipt of the State grant if the process is extended beyond grant deadlines. ^ Recommendations: The Department of Emergency Medical Services recommends approval of this loan request and ordinance. ^ Attachments: Ordinance, Loan Agreement, Promissory Note, Letter from Kempsville Volunteer Rescue Squad Requesting a No Interest Loan Recommended Action: Approval Submitting DepartmentlAgency: Department of Emergency Medical Service ~~~ City Manager: lL. , 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 AN ORDINANCE TO APPROPRIATE FUNDS TO PROVIDE AN INTEREST-FREE LOAN TO THE KEMPSVILLE RESCUE SQUAD, INCORPORATED, FOR THE PURCHASE OF A REPLACEMENT AMBULANCE WHEREAS, the Kempsville Rescue Squad, Inc., has been awarded a Rescue Squad Assistance Fund grant of $65,083 from the Virginia Department of Health Office of Emergency Medical Services for the purchase of a replacement ambulance with estimated cost of $140,000; and WHEREAS, the Kempsville Volunteer Rescue Squad will utilize approximately $13,000 of fund drive funding for the remaining cost. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: 1. $62,000 is hereby appropriated from the fund balance of the General Fund for an interest-free loan to the Kempsville Rescue Squad, Inc., for the purchase of a replacement ambulance, contingent upon execution of the attached agreement; and 2. This loan is to be repaid by Kempsville Rescue Squad, Inc., over five (5) years, pursuant to the terms of the attached promissory note. 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 ',' r an/a'g"e ent Services Approved as to Legal Sufficiency L - o ney's Office CA11574 R-3 Jufy 22, 2010 Agreement Between the City of Virginia Beach and the Kempsville Rescue Squad Incorporated THIS AGREEMENT is made and entered into this day of , 2010, by and between the CITY OF VIRGINIA BEACH, VIRGINIA ("CITY") and the KEMPSVILLE RESCUE SQUAD INCORPORATED, d/b/a/ Kempsville Volunteer Rescue Squad ("RESCUE SQUAD"), in accordance with the provisions of Code of Virginia §§ 27-15.2 and 27-23.6. WHEREAS, the RESCUE SQUAD maintains equipment and personnel for emergency medical services within the City of Virginia Beach; and WHEREAS, the RESCUE SQUAD desires to provide the CITY with qualified and certified volunteer personnel and equipment to provide emergency medical services, and WHEREAS, the CITY hereto desires to support the volunteer emergency medical services in Virginia Beach provided by the RESCUE SQUAD; and WHEREAS, it is mutually deemed sound, desirable, practicable, and beneficial for the parties to enter into this agreement to render support and services to one another in accordance with these terms. WITNESSETH For and in consideration of the mutual promises and covenants set forth herein, and for other valuable consideration related to the acquisition of a vehicle, the parties enter into the following agreement as defined below: RESPONSIBILITIES OF THE CITY A. Provide a no interest loan for the purchase of the vehicle. B. Provide standazdized equipment required for operations within the City including, but not limited to mobile communications devices, pagers, and map books. C. Provide or pay for insurance covering emergency service and support vehicles owned by the RESCUE SQUAD. D. Provide fuel for the vehicle. E. Provide all vehicle maintenance and inspection services, including payment of the annual maintenance fee, in support of the vehicle through the CITY's Division of 1 Automotive Services, so long as the vehicle remains aCITY-insured vehicle. The Division of Automotive Services shall maintain maintenance records and allow the RESCUE SQUAD's officers access to those records. RESPONSIBILITIES OF THE RESCUE SQUAD A. The RESCUE SQUAD shall repay the loan for the vehicle according to the Promissory Note. The RESCUE SQUAD shall have the ability to request reasonable relief on the due date/amount should extenuating circumstances occur. This request for extension shall be made to the EMS Chief no less than 30 days prior to the payment due date. B. If the vehicle is sold, after satisfying all conditions of the loan, including repayment, the CITY-owned equipment shall be removed and returned to the CITY prior to the sale of the vehicle, unless prior arrangements have been made to reimburse the CITY for the fair market value of the CITY-owned equipment. C. If, notwithstanding the provisions of subsection E in the prior section, the RESCUE SQUAD elects not to use the services of the CITY's Division of Automotive Services for any and all maintenance and inspection services, it shall be the responsibility of the RESCUE SQUAD to maintain the vehicle in accordance with the manufacturer's recommended maintenance schedule and procedures. The RESCUE SQUAD shall pay for all necessary maintenance and repairs and shall only use repair shops that are acceptable to the EMS Chief. DEFAULT AND MODIFICATION A. In the event that the RESCUE SQUAD defaults on the loan, the CITY may in its sole discretion agree to a modification of this agreement, in accordance with the modification procedure set forth in the next subsection. If the parties do not agree in writing to a modification of this agreement, then, upon default of the loan, ownership of the vehicle shall revert to the CITY. The CITY shall provide a rebate to the RESCUE SQUAD based on the net difference between the fair market value of the vehicle and the unpaid portion of the loan. If the CITY and the RESCUE SQUAD are unable to agree upon the fair market value of the vehicle, the parties shall select a third party who is acceptable to both the CITY and the RESCUE SQUAD to determine the vehicle's fair market value. B. This agreement may be reviewed at any time upon the direction of the City Manager. Each party must agree in writing to any subsequent modifications. 2 IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. CITY OF VIRGINIA BEACH, VIRGINIA James K. Spore, City Manager ATTEST: City Clerk KEMPSVILLE RESCUE SQUAD, INC. By: Title: APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Virginia Beach Management Services City Attorney's Office Virginia Beach Risk Management Virginia Beach EMS Chief 3 PROMISSORY NOTE $62,000 Virginia Beach, Virginia August 24, 2010 FOR VALUE RECEIVED, KEMPSVILLE RESCUE SQUAD, INC, d/b/a Kempsville Volunteer Rescue Squad, ("Maker"), promises to pay, without offset, to the order of the CITY OF VIRGINIA BEACH, VIRGINIA, ("Noteholder") at Municipal Center, Virginia Beach, VA, or such other place as Noteholder may designate in writing, the principal sum of SIXTY TWO THOUSAND DOLLARS ($62,000) together with interest thereon. From the date of this Note, interest on the unpaid principal balance shall accrue at the rate of ZERO Percent (0%) per annum. Payment on principal shall be as follows: On or before October 1, 2011 - $12,400 On or before October 1, 2012 - $12,400 On or before October 1, 2013 - $12,400 On or before October 1, 2014 - $12,400 On or before October 1, 2015 - $12,400 This note may be prepaid in whole or in part without penalty. Any such prepayments shall be applied to principal. If the Noteholder has not received the full amount of the annual payment by the end of 15 calendar days after the date it is due, Maker will pay a late charge to the Noteholder. The amount of the charge will be 15% of any overdue payment of principal. Maker will pay this late charge promptly but only once on each late payment. If Maker does not pay the full amount of each annual payment on the date it is due, Maker will be in default, and the entire principal amount hereof, together with all accrued interest and late charges, shall become immediately due and payable at the option of the Noteholder. Failure to exercise this option upon any default shall not constitute or be construed as a waiver of the right to exercise such option subsequently. Presentment, demand, protest, notices of dishonor and of protest, and all defenses and pleas on the ground of any extension or extensions of the time for payment or of the due dates of this note, the release of any parties who are or may become liable heron, in whole or in part, before or after maturity, with or without notice, are waived by the Maker and are jointly and severally waived by any endorsers, sureties, guarantors and assumers hereof. It is further agreed by each of the foregoing parties that they will pay all expenses incurred in collection this obligation, including reasonable attorney's fees, if this obligation or any part hereof is not paid when due. WITNESS the following signature(s). KEMPSVILLE RESCUE SQUAD, INC. (SEAL) By: , Name Title KEMPSVILLE RESCUE SQUAD INC. P.O. BOX 62345 VIRGINIA BEACH, VA. 23466 757-340-KVRS www.kvrs.org May 25, 2010 Chief Bruce W. Edwards Virginia Beach Department of EMS 477 Viking Drive, Suite 130 Virginia Beach, VA 23452 Dear Chief Edwards, I'm writing on behalf of the Kempsville Volunteer Rescue Squad to request a No-Interest Loan from the City of V irginia Beach. The loan will be used for the purchase of a new ambulance for our squad. This new ambulance will replace Unit 925 which is a 2002 model ambulance with over 200,000 miles on it. We hope to have the new unit in service by the end of this summer. We request a loan for Sixt)--Two Thousand dollars, which we would like to repay in five annual installments. The requested amount is based on the following: Estimated price of new ambulance $130,000.00 Equipment & supplies for new unit Approximately $10,000.00 Total cost $140,000.00 State RSAF Grant $65,083.00 Squad contribution to down payment, $13,000.00 equipment & supplies Balance Approximately $61,9] 7.00 On January 1, 2010 we were awarded a State RSAF Grant of $65,083.00 to apply to the purchase of the new ambulance. Currently, Kempsville Volunteer Rescue Squad has two loans with the city: • Loan # I has an annual payment of $ 15,400.00 due June ] ~' each year through 2013 with 3 payments remaining. • Loan # 2 has an annual payment of $12,200.00 due October ls` each year through 2014 with 5 payments remaining. If you need any further information please let me know. Thank you for your consideration of our request. Sincerely, Z ~~y~~~ m Brewer, Vice-President Phone 435-0407 .£ ~"'" "~ 4~=. ~' ~~ ~t~,~~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds from the Department of Homeland Security to the FY 2010-11 Operating Budget of the Fire Department MEETING DATE: August 24, 2010 ^ Background: The City was notified that the Virginia Department of Emergency Management would be providing federal pass through funding for localities for Heavy and Tactical Rescue Team equipment, training, and exercises. The Virginia Beach Fire Department is the lead agency for the Tidewater Regional Technical Rescue Team, which is one of the seven Regional State Urban Search and Rescue Teams. The Virginia Beach Fire Department plans to use these funds to replace/update equipment in their cache that will enhance the Technical Rescue team's logistical capacity, improve its ability to mitigate technical rescue incidents, and function in a variety of technical rescue environments. The funding will provide equipment for rope rescue, structural collapse, personal protection, various technical rescue training classes, and additional training props for the Virginia Beach Fire Training Center. ^ Considerations: This grant is awarded by the Virginia Department of Emergency Management through funding originating from the Department of Homeland Security's National Preparedness Directorate, FY 2009 State Homeland Security Grant. The funds provided will be appropriated in the FY 2010-11 Operating Budget of the Fire Department. There is no local match required for this program. The performance period is August 1, 2009, to February 29, 2012, for obligation of funds, and May 31, 2012, to complete expenditures and finalize the close out reporting process. ^ Public Information: Public information will be handled through the normal Council agenda process. ^ Recommendations: Accept and appropriate these funds. ^ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Fire Department U~ City Manager: ~ , 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FUNDS FROM THE DEPARTMENT OF HOMELAND 3 SECURITY TO THE FY 2010-11 OPERATING 4 BUDGET OF THE FIRE DEPARTMENT 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 That $98,571 is hereby accepted from the U.S. Department of Homeland 10 Security, through the Virginia Department of Emergency Management, and 11 appropriated, with estimated federal revenues increased accordingly, to the FY 2010-11 12 Operating Budget of the Fire Department for the purchase of tactical rescue equipment 13 and related training associated with the Tidewater Regional Technical Rescue Team 14 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 fhe members of City Council. Approved as to Content ~~~~ Management Services Approved as to Legal Sufficiency City Att y's Office CA11573 R-2 July 21, 2010 ~`f LL~Zi =s, ~...' j ~C= 4~•''" i~:::,+. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds to the FY 2010-11 Operating Budget of the Department of Human Resources from Opportunity Incorporated of Hampton Roads MEETING DATE: August 24, 2010 ^ Background: Opportunity Incorporated of Hampton Roads ("Opportunity Inc.") is the designated fiscal agent for Virginia Local Workforce Investment Area 16. As part of the American Recovery and Reinvestment Act, Opportunity Inc. has received federal Workforce Investment funds. The City recently entered into a memorandum of understanding ("MOU") with Opportunity Inc., which will provide the City up to $75,874 for the 2010 Summer Work Experience Program ("Program"). This MOU runs through September 30, 2010 and will reimburse the City for Program expenses. As with last year's program, this will provide job opportunities for individuals with low incomes, as well as other eligibility criteria, and is aimed at assisting youth in developing skills that are relevant to the workplace. This year's program envisions positive work experiences for up to 45 youth (ages 16 to 24) during asix-week program. - ^ Considerations: The cost of the Summer Youth Work Experience Program is funded through federal stimulus money under the Workforce Investment Act guidelines and requires no City funding. Upon approval by City Council, the funds will be provided through Human Resources to the departments that participate in the program including Human Services, Human Resources, Housing & Neighborhood Preservation, Public Works, Fire, Parks and Recreation and Libraries. ^ Public Information: Public information will be provided through the normal Council Agenda process. ^ Recommendations: Accept and appropriate funding from Opportunity Inc. ^ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Human Resource City Manager: ~ ~ ~''1. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS TO THE FY 2010-11 OPERATING BUDGET OF THE DEPARTMENT OF HUMAN RESOURCES FROM OPPORTUNITY INCORPORATED OF' HAMPTON ROADS WHEREAS, the City of Virginia Beach desires to provide a summer youth jobs program for up to 45 youth, ages 16 to 24 years, for six weeks during 2010; and WHEREAS, the cost of such program would be funded through money received by the City of Virginia Beach from Opportunity Incorporated of Hampton Roads (Opportunity Inc.) as part of the American Recovery and Reinvestment Act (ARRA). NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $75,874 is hereby accepted from Opportunity Inc. and appropriated, with federal revenue increased accordingly, to the FY 2010-11 Operating Budget of the Department of Human Resources to fund the 2010 Summer Youth Work Experience Program. . 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: c ,-~ Management Services Approved as to Legal Sufficiency: C' ey's Office CA11584 R-2 August 5, 2010 L. PLANNING 1. Application of THOMAS and JACQUELINE RICHARDS for a Conditional Use Permit re a residential kennel at 1112 Hartwood Avenue. DISTRICT 5 - LYNNHAVEN RECOMMENDATION APPROVAL 2. Application of EDWARD and JEAN SNYDER for a Conditional Use Permit re an addition to an existing boat dock with boat lift to create anon-commercial (community) pier/dock at 1057 and 1061 Bobolink Drive. DISTRICT 5 - LYNNHAVEN RECOMMENDATION APPROVAL 3. Application of ADOLFO MARTINEZ for a Conditional Use Permit re a skateboard ramp at 2008 Gadsby Court. DISTRICT 1 - CENTERVILLE RECOMMENDATION APPLICANT REQUESTS WITHDRAWAL Nun -~,~,, C~3' '; 4. ..".~. 4£~ J t~l'.y~+Y,e*++ f NOTICE OF PUBLIC HEARING Virginia Beach City Council will meet in the Chamber at City Hall, Municipal Center, 2401 Courthouse Drive, Tuesday, August 24, 2010, at 6:00 p.m. The following applications will be heard: LYNNHAVEN DISTRICT Thomas And Jacqueline Richards Application: Conditional Use Permit for a residential kennel at 1112 Hartwood Avenue. Edward and Jean Snyder Application: Conditional Use Permit for a noncommercial (community) pier/dock at 1057 and 1061 Bobolink Drive. CENTERVILLE DISTRICT Adolfo Martinez Application: Conditional Use Permit fora skateboard ramp at 2008 Gadsby Court. All interested citizens are invited to attend. Ruth Hodges Fraser, MMC City Clerk Copies of the proposed ordinances, resolutions and amendments are on file and may be examined in the Department of Planning or online at htto://www.vbgov.com/pc For information call 385-4621. If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFlCE at 385-4303. Beacon Augusf 8-&-15, 2010 21563050 :~ F~ w R-" ~. k ~. H w C 4 ,.. .., O N Nu ( } ~'~MM~` CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: THOMAS 8~ JACQUELINE RICHARDS, Conditional Use Permit, residential kennel, 1112 Hartwood Avenue. LYNNHAVEN DISTRICT. MEETING DATE: August 24, 2010 ^ Background: The applicants request a Conditional Use Permit for a residential kennel for up to six dogs. The Zoning Ordinance requires a Conditional Use Permit for a residential kennel when more than four dogs over six months of age are kept. The applicants currently have five different types of dogs, including two Newfoundlands, a German Sheppard, a Bloodhound, a Mixed Labrador Retriever/Greyhound, and a Pomeranian. Staff has received complaints regarding the noise generated from dogs on this site. The applicants indicate that they were unaware of the requirement for a Conditional Use Permit. The applicants further indicate that three of their five dogs were adopted from military families no longer able to care for the dogs. The applicant has agreed that they will not adopt or rescue any additional dogs unless the number of dogs falls below the four dogs allowed by-right; however, in that eventuality, they will never exceed four dogs. The dogs are kept on a 105-foot wide by 80-foot deep (105' x 80') yard which is enclosed by asingle-family dwelling on the west and afour-foot high chain link fence to the north, east, and south. The dogs also have access through a dog door to a 23-foot by 10-foot (23' x 10') porch, which is climate controlled. ^ Considerations: The Zoning Ordinance stipulates for residential kennels that except where animals are kept in soundproof, air-conditioned buildings, no structure or area occupied by the animals shall be within 100 feet of the property line of any adjacent lot. The applicant's dogs are kept outside in a fenced area that is approximately 17 feet to the closest property line. Staff maintains that keeping the dogs outside approximately 17 feet from the closest residential property results in significant noise from barking dogs that can be heard by the surrounding residential community. Staff, therefore, recommends that the dogs be kept inside the house at all times except during the hours of 10:00 a.m. to dusk. Staff further recommends that between the hours of 10:00 a.m. to dusk, Thomas & Jacqueline Richards Page 2 of 3 the dogs may be let out into the enclosed back yard only when an adult is present. Staff has received complaints regarding the noise generated from dogs on this site; the recommendations are intended to address the complaints. With these recommendations, provided below as conditions of the Use Permit, staff finds that the noise generated by the dog kennel should be significantly reduced. Staff, therefore, recommends approval subject to the conditions listed below. There was one opposition to the request. ^ Recommendations: The Planning Commission, passing a motion by a recorded vote of 11-0, recommends approval of this request to the City Council with the following conditions: 1. Within 30 days of City Council approval of this Use Permit, the applicant shall provide to the Zoning Administrator evidence that the dogs are properly immunized and licensed with the City of Virginia Beach. 2. No more than six adult dogs (over six months of age) shall be kept on the property at any time. At the time when the number of dogs kept on the property has been reduced to four through death, change in ownership, or any other means, this Use Permit shall terminate and the number of dogs (over six months of age) shall not exceed four. 3. No breeding, grooming, or boarding of any other dogs for monetary or non- monetary purposes shall be permitted. 4. All animal waste shall be collected and disposed of in a lawful manner on a daily basis. 5. Except for the hours between 10:00 a.m. and dusk, the dogs shall be kept within the single-family dwelling located on the on-site. During the10:00 a.m. to dusk time period, the dogs may be allowed in the rear yard, provided an adult is present in the rear yard with the dogs. 6. Between dusk and 10:00 a.m., one dog at a time, supervised by an adult, may be allowed in the rear yard for one 15-minute period. ~. Upon one (1) year from the date of approval of this Use Permit, the Zoning Administrator shall administratively review the Conditional Use Permit. If, at such time, the Zoning Administrator determines that the Residential Kennel needs additional consideration, based on complaints, etc., the Conditional Use Permit will be referred back to the Planning Commission and City Council. In the event that no valid complaints have been made, the Conditional Use Permit shall remain in effect. Thomas & Jacqueline Richards Page 3 of 3 ^ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager. ~ ~ , Item #8 Thomas & Jacqueline Richards Conditional Use Permit 1112 Hartwood Avenue District 5 Lynnhaven July 14, 2010 APPROVED GPIN:1498944997 An application of Thomas & Jacqueline Richards for a Conditional Use Permit for a residential kennel on property located at 1112 Hartwood Avenue. CONDITIONS 1. Within 30 days of City Council approval of this Use Permit, the applicant shall provide to the Zoning Administrator evidence that the dogs are properly immunized and licensed with the City of Virginia Beach. 2. No more than six adult dogs (over six months of age) shall be kept on the property at any time. At the time when the number of dogs kept on the property has been reduced to four through death, change in ownership, or any other means, this Use Permit shall terminate and the number of dogs (over six months of age) shall not exceed four. 3. No breeding, grooming, or boarding of any other dogs for monetary ornon-monetary purposes shall be permitted. 4. All animal waste shall be collected and disposed of in a lawful manner on a daily basis. 5. Except for the hours between 10:00 a.m. and dusk, the dogs shall be kept within the single-family dwelling located on the on-site. During the10:00 a.m. to dusk time period, the dogs maybe allowed in the rear yard, provided an adult is present in the rear yard with the dogs. 6. Between dusk and 10:00 a.m., one dog at a time, supervised by an adult, maybe allowed in the rear yard for one 15-minute period. 7. Upon one (1) year from the date of approval of this Use Permit, the Zoning Administrator shall administratively review the Conditional Use Permit. If, at such time, the Zoning Administrator determines that the Residential Kennel needs additional consideration, based on complaints, etc., the Conditional Use Permit will be referred back to the Planning Commission and City Council. In the event that no valid complaints have been made, the Conditional Use Permit shall remain in effect. AYE 11 NAY 0 ABS 0 ABSENT 0 ANDERSON AYE BERNAS AYE FELTON AYE HENLEY AYE HORSLEY AYE KATSIAS AYE LI VAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE By a vote of 11-0, the Board has approved the application of Thomas & Jacqueline Richards. ,ter r-~ ra ~S§~ -, i ~4t1 3 -_ Titr,r~a~ ~ Jaet uelin ..~tf ~ '~~/ _ , _~~ e~a~=., ~ ~~ ~rc~r ~` , ~k~ if~,~_-a~ [J~~~~~ 11 _ -I~R M~ ' Rio v~~ ~: ~. e Riicha~•d Rio_ ~- .. ~aio` to to . fft6 ~~~ ~; GUP• Jtesfdentlal KtnnN 8 July 14, 2010 Public Hearing APPLICANT /PROPERTY OWNER: THOMAS & JACQUELINE RICHARDS STAFF PLANNER: Leslie Bonilla REQUEST: Conditional Use Permit (residential kennel) ADDRESS /DESCRIPTION: 1112 Hartwood Avenue GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14989499710000 LYNNHAVEN 1.4 acres 65 to 70 dB DNL / Subarea 3 SUMMARY OF REQUEST The applicants request a Conditional Use Permit for a residential kennel for up to six dogs. The Zoning Ordinance requires a Conditional Use Permit for a residential kennel when more than four dogs over six months of age are kept. The applicants currently have five different types of dogs, including two Newfoundlands, a German Sheppard, a Bloodhound, a Mixed Labrador Retriever/Greyhound, and a Pomeranian. Staff has received complaints regarding the noise generated from dogs on this site. The applicants indicate that they were unaware of the requirement for a Conditional Use Permit. The applicants further indicate that three of their five dogs were adopted from military families no longer able to care for the dogs. The applicant has agreed that they will not adopt or rescue any additional dogs unless the number of dogs falls below the four dogs allowed by-right; however, in that eventuality, they will never exceed four dogs. The dogs are kept on a 105-foot wide by 80-foot deep (105' x 80') yard which is enclosed by a single- family dwelling on the west and afour-foot high chain link fence to the north, east, and south. The dogs also have access through a dog door to a 23-foot by 10-foot (23' x 10') porch, which is climate controlled. LAND USE AND PLAN INFORMATION EXISTING LAND USE: Single-family dwelling SURROUNDING LAND North: . Single-family dwellings / R-40 Residential District USE AND ZONING: South: Single-family dwellings / R-40 Residential District East: Single-family dwellings / R-20 Residential District West: Single-family dwellings / R-40 Residential District NATURAL RESOURCE AND A tributary of the Lynnhaven River is located on the western portion of CULTURAL FEATURES: the site; however, this portion of the tributary is not subject to the Chesapeake Bay Preservation Ordinance. There are no other known significant natural resources or cultural features associated with this site. COMPREHENSIVE PLAN: The Plan identifies general planning principles for the Suburban Area which focuses on preserving and protecting the overall character, economic value, and aesthetic quality of the stable neighborhoods and reinforces the suburban characteristics of commercial centers and other non-residential areas. CITY SERVICES ANIMAL CONTROL COMMENT: The barking of six dogs in a residential area is typically a problem unless the dogs are kept in an enclosure area that is sound proof. EVALUATION AND RECOMMENDATION The Zoning Ordinance stipulates for residential kennels that except where animals are kept in soundproof, air-conditioned buildings, no structure or area occupied by the animals shall be within 100 feet of the property line of any adjacent lot. The applicant's dogs are kept outside in a fenced area that is approximately 17 feet to the closest property line. Staff maintains that keeping the dogs outside approximately 17 feet from the closest residential property results in significant noise from barking dogs that can be heard by the surrounding residential community. Staff, therefore, recommends that the dogs be kept inside the house at all times except during the hours of 10:00 a.m. to dusk. Staff further recommends that between the hours of 10:00 a.m. to dusk, the dogs may be let out into the enclosed back yard only when an adult is present. Staff has received complaints regarding the noise generated from dogs on this site; the recommendations are intended to address the complaints. With these recommendations, provided below as conditions of the Use Permit, staff finds that the noise generated by the dog kennel should be significantly reduced. Staff, therefore, recommends approval subject to the conditions listed below. ,. ~ Rl , ~ r Y ~~~ THOMAS 8~ JACQUEL~f~E RICHAf~DS +Agenda It~ 8 Pia ' . _ 2 ~ _~~~- .~ .; ti i. `i { '1 ~~ •..} .j 1 CONDITIONS 1. Within 30 days of City Council approval of this Use Permit, the applicant shall provide to the Zoning Administrator evidence that the dogs are properly immunized and licensed with the City of Virginia Beach. 2. No more than six adult dogs (over six months of age) shall be kept on the property at any time. At the time when the number of dogs kept on the property has been reduced to four through death, change in ownership, or any other means, this Use Permit shall terminate and the number of dogs (over six months of age) shall not exceed four. 3. No breeding, grooming, or boarding of any other dogs for monetary or non-monetary purposes shall be permitted. 4. All animal waste shall be collected and disposed of in a lawful manner on a daily basis. 5. Except for the hours between 10:00 a.m. and dusk, the dogs shall be kept within the single-family dwelling located on the on-site. During the10:00 a.m. to dusk time period, the dogs may be allowed in the rear yard, provided an adult is present in the rear yard with the dogs. 6. Between dusk and 10:00 a.m., one dog at a time, supervised by an adult, may be allowed in the rear yard for one 15-minute period. 7. Upon one (1) year from the date of approval of this Use Permit, the Zoning Administrator shall administratively review the Conditional Use Permit. If, at such time, the Zoning Administrator determines that the Residential Kennel needs additional consideration, based on complaints, etc., the Conditional Use Permit will be referred back to the Planning Commission and City Council. In the event that no valid complaints have been made, the Conditional Use Permit shall remain in effect 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. r'.,C~`"~ ~i '~ r < - .~~ !~ J-` ~ THOMAS 8~ JACQUELfl~E RICHA, DS _- .t y4genda It 8 .~ P~~ 3 .~, i i i. .r ~, AERIAL OF SITE LOCATION THOMAS & JACQUELINE RICHARDS Agenda Item 8 Page 4 i ~ i ~ i ~ EXISTING SITE,PLAN THOMAS & JACQUELfNE RICHARDS Agenda Item 8 z Page 5 # [SATE LIESCRIPTIQN ACTIt?N 1 03/14/95 Conditional Use Permit church addition Granted ZONING HISTORY THOMAS & JACQUEL.PI~1E RICHARDS Agenda Item $ Page 6 DfSCLOSURE STATEMENT APPLICANT dISCLOSURE If the applicant is a corporation, partnetship, 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 ifnecessary) ~1 J~J~.~~'~~ ~ ~ F Li t~t,~ ~i G l-~ P 2. List aA businesses that have aparent-subsidiary' or affiliated business entity relationship with the applicant: (Attach fist if necessary) Check here if the appt~ant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section onty 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 Hst ifnecessary) 2. List ail businesses that have aparent-subsidiary' or affiliated business entity 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 See next page for footnotes !~~ F~~ ~y ~~ Iii Does an official or employee of the ity of Virginia Beach have an interest in the subject land? Yes No It yes, what is the name of the official or employee and the nature of their interest? t--~ ~~ Cwakt the ParmN AppkCati~ DISCLOSURE STATEMENT THOMAS & JACQUELINE RICHARDS ~_ Agenda Item 8 Page 7 Pe9e 9 ~ t0 Rtv~ed 7l3R0©1 O DISCLOSURE STATEMENT ~~ a w w 0 A O v ADDITIONAL DISCLOSURES List aB krtov+m contractors or businesses that have or will provide sentices with respect to the requested property use, including but not limited to the providers of architecture! services, real .estate services, financial services, accounting services, and legal services: (Attach List if necessary) N D ~~ ~~. ' "Parent-subs~iary relationship` means "a relationsttip that a xists when one corporation directly ~ indirecUy owns shares possessing more than 50 percent of the voting powerof another cwparatlon ` See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3901. ~ "Affiliated twsktess entity relationship" means "a relatianshp, other than parent- subsidiary relationship, that exists when (i) one business entity has a torttrotling ownership interest ~ the other business entity , (ii) a corttrotling owner in ane entityy ~ also a corttrollntg owner in the other entity, ~ {iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of ~ aftit;ated business entity relationah~ ir~ude that the same person or substant~lty 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 offtces or employees or otherwise share activities, resources or personnel art a regular basis; or there is otherwise a dose working relati~tsh~ between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTlFICATlON: (~rtiy that the xtformat~t contained herein is true and acaxate. I understand that, upon reoeipi of rtotr7~catian (Postcard) that the appGcetion t~ best sated for pabiic hearing. i am respottstble for obtaining and posting the required sign on the subject property at least 3a days prior to the scheduled pt~lic hearing accordir~ t0 the instrtx~ions ~ this pet~Cage. The ur>dersic~ed also cortsett~ to entry upon the. sut~t property by empbyees of the D~artment tsf Aiarwting to photograph and view the site for purposes of processing and evaluating this app cation. Appiicartt's Signature ~--~ Pritri Name than applicant) CorxiEtio~ use Permit 11ppt~atfm Pam t0 c+f 10 Revised )13/2007 DISCLOSURE STATEMENT THOMAS & JACQUELfNERICHARDS Agenda Item 8 Page 8 M~ ~^ t +f P r L'i 4~ t3 Ri C3 u• CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: EDWARD AND JEAN SNYDER, Conditional Use Permit, non-commercial (community) pier/dock, 1057 and 1061 Bobolink Drive. LYNNHAVEN DISTRICT. MEETING DATE: August 24, 2010 ^ Background: The applicant requests a Conditional Use Permit to allow an addition to an existing boat dock with boat lift to create anon-commercial pier /boat dock that is shared by two properties. Both properties are currently owned by the applicant. The property at 1061 Bobolink Drive is the applicant's residence and the property at 1057 Bobolink Drive is used by guests visiting the applicant. The existing pier is located at 1061 Bobolink Drive, a 40,689 square foot lot, in the Birdneck Point neighborhood. The submitted plan depicts a proposed 6-foot wide by 22-foot long fixed pier with a 4-foot wide by 14-foot long timber ramp that extends from the property at 1057 Bobolink Drive to the existing boat dock and boat lift. The existing boat dock and boat lift is connected by a wood ramp to the property at 1061 Bobolink Drive. The applicant has submitted the proposed pier and ramp plans to the appropriate regulatory bodies and is awaiting approval of a Joint Permit Application (JPA). ^ Considerations: The proposed pier will be used exclusively by the applicant, and no commercial use of the pier will be permitted. The pier will not have a sewer pump out facility nor will petroleum products be dispensed or stored on site. The applicant is currently seeking approval through the Joint Permit Application (JPA) process, and no construction will be permitted until the JPA is approved. In sum, Staff finds that the request for construction of anon-commercial 6-foot wide by 22-foot long fixed pier with a 4-foot wide by 14-foot long timber ramp to connect to an existing boat dock with lift as depicted on the plan is acceptable with the conditions below. There was no opposition to the request. ^ Recommendations: Edward and Jean Snyder Page 2 of 2 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. Permits shall be secured from all appropriate regulatory agencies through the Joint Permit Application process prior to any development or construction or expansion of the pier. 2. The pier and ramp shall be substantially constructed as depicted on the plan entitled "PROPOSED PIER AND RAMP IN: GREAT NECK CREEK AT: 1057/1061 BOBOLINK DR. VIRGINIA BEACH, VA 23451 SHEET 1 -5 of 5" prepared by Waterfront Consulting Inc., dated November 12, 2009, or as modified as required by the Joint Permit Application Permit. 3. The use of the non-commercial, community boat dock shall be limited to the private use of Lots 228 (1061 Bobolink Drive) and 229 (1057 Bobolink Drive) in Birdneck Point, identified in Condition #1 above. 4. No commercial use of the dock shall be permitted. 5. There shall be no on-site storage or dispensing of petroleum products from this property. 6. The property, identified in Conditions 2 and 3 above, shall be maintained and kept free of debris and trash at all times. ^ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting DepartmentlAgency: Planning Department City Manager. S ~, . (~~~ Item # 11 Edward and Jean Snyder Conditional Use Permit 1057 and 1061 Bobolink Drive District 5 - Lynnhaven July 14, 2010 CONSENT GPIN: 24181543720000; 24181522840000 An application of Edward and Jean Snyder for a Conditional Use Permit fora community pier/dock (non-commercial) on property located at 1057 and 1061 Bobolink Drive. CONDITIONS 1. Permits shall be secured from all appropriate regulatory agencies through the Joint Permit Application process prior to any development or construction or expansion of the pier. 2. The pier and ramp shall be substantially constructed as depicted on the plan entitled "PROPOSED PIER AND RAMP 1N: GREAT NECK CREEK AT: 1057/1061 BOBOLINK DR. VIRGINIA BEACH, VA 23451 SHEET 1 -5 of 5" prepared by Waterfront Consulting Inc., dated November 12, 2009, or as modified as required by the Joint Permit Application Permit. 3. The use of the non-commercial, community boat dock shall be limited to the private use of Lots 228 (1061 Bobolink Drive) and 229 (1057 Bobolink Drive) in Birdneck Point, identified in Condition #1 above. 4. No commercial use of the dock shall be permitted. 5. There shall be no on-site storage or dispensing of petroleum products from this property. 6. The property, identified in Conditions 2 and 3 above, shall be maintained and kept free of debris and trash at all times. AYE 11 NAY 0 ABS 0 ABSENT 0 ANDERSON AYE BERNAS AYE FELTON AYE HENLEY AYE HORSLEY AYE KATSIAS AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE By a vote of 11-0, the Board has approved the application of Edward and Jean Snyder. 1 '~ July 14, 2010 Public Hearing APPLICANT/ PROPERTY OWNER: EDWARD & JEAN SNYDER REQUEST: Conditional Use Permit (community pier /boat dock) ADDRESS /DESCRIPTION: 1057 and 1061 Bobolink Drive STAFF PLANNER: Karen Prochilo GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 24181543720000 LYNNHAVEN 5 40,689 square feet 65 d6 TO 70 dB DNL 24181522840000 33,517 square feet Sub Area 3 SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to allow an addition to an existing boat dock with boat lift to create anon-commercial pier /boat dock that is shared by two properties. Both properties are currently owned by the applicant. The property at 1061 Bobolink Drive is the applicant's residence and the property at 1057 Bobolink Drive is used by guests visiting the applicant. The existing pier is located at 1061 Bobolink Drive, a 40,689 square foot lot, in the Birdneck Point neighborhood. The submitted plan depicts a proposed 6-foot wide by 22-foot long fixed pier with a 4-foot wide by 14-foot long timber ramp that extends from the property at 1061 Bobolink Drive to the existing boat dock and boat lift. The existing boat dock and boat lift is connected by a wood ramp to the property at 1057 Bobolink Drive. The applicant has submitted the proposed pier and ramp plans to the appropriate regulatory bodies and is awaiting approval of a Joint Permit Application (JPA). LAND USE AND PLAN INFORMATION EXISTING LAND USE: Single-Family dwelling sites EDWARD & JEAN SNYDER Agenda Item 11 Page 1 SURROUNDING LAND North: Across Bobolink Drive, single-family dwellings / R-40 USE AND ZONING: Residential District South: Great Neck Creek / R-40 Residential District East: . Single-family dwellings / R-40 Residential District West: . Single-family dwellings / R-40 Residential District NATURAL RESOURCE AND The two adjacent lots are within the Chesapeake Bay watershed. The CULTURAL FEATURES: property at 1057 Bobolink Drive has an existing concrete bulkhead along the portion of the shoreline where the proposed pier would be built. The remaining shoreline of this site has existing riprap. The property at 1061 Bobolink Drive has existing riprap along the shoreline. There are some trees and shrubs along both properties. There are no known cultural features on this property. COMPREHENSIVE PLAN: The Comprehensive Plan identifies this site as being in the Suburban Area. This application does not impact the Guiding Planning Principles of the Suburban Area. These general planning principles and recommendations identified for this area focus on preserving and protecting the overall character, economic value, and aesthetic quality of stable neighborhoods such a s this. CITY SERVICES This request for a shared boat dock /pier will have no significant impact to City services. EVALUATION AND RECOMMENDATION The proposed pier will be used exclusively by the applicant, and no commercial use of the pier will be permitted. The pier will not have a sewer pump out facility nor will petroleum products be dispensed or stored on site. The applicant is currently seeking approval through the Joint Permit Application (JPA) process, and no construction will be permitted until the JPA is approved. In sum, Staff finds that the request for construction of anon-commercial 6-foot wide by 22-foot long fixed pier with a 4-foot wide by 14-foot long timber ramp to connect to an existing boat dock with lift as depicted on the plan is acceptable with the conditions below. CONDITIONS 1. Permits shall be secured from all appropriate regulatory agencies through the Joint Permit Application process prior to any development or construction or expansion of the pier. r - ~ t ', ~ Y .E'~. ~_ EDWARD & ;I.~AN S A-~enda ;. .K' VYl~ER .., , Iter1 11 ~ ~, P.a~e_ 2 ~' ~~. ~. ~. F .. , 2. The pier and ramp shall be substantially constructed as depicted on the plan entitled "PROPOSED PIER AND RAMP IN: GREAT NECK CREEK AT: 1057/1061 BOBOLINK DR. VIRGINIA BEACH, VA 23451 SHEET 1 -5 of 5" prepared by Waterfront Consulting Inc., dated November 12, 2009, or as modified as required by the Joint Permit Application Permit. 3. The use of the non-commercial, community boat dock shall be limited to the private use of Lots 228 (1061 Bobolink Drive) and 229 (1057 Bobolink Drive) in Birdneck Point, identified in Condition #1 above. 4. No commercial use of the dock shall be permitted. 5. There shall be no on-site storage or dispensing of petroleum products from this property. 6. The property, identified in Conditions 2 and 3 above, shall be maintained and kept free of debris and trash at all times. 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 Standanis. 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 Cert~cate 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. ~~ . Y' "~r ,.,~. ..; . :_ EDWARD &~,1.€AN SNY.. ER Benda Iter11. ,` ~,~ . _ 3 :. "~ .~:~ ,' ~s ',- ~ ,.,., ~, ~- ,~ ., `. AERIAL OF SITE LOOAYION EDWARD & JEAN SNYDER ~4genda Item _11 Page 4 q~ or s, ~ ~~ ~ w ~ WUt~o ~ ! X t~- i~~ ~ ~ ~ Z ~ ~ ~~ 44 ~ g( ~ ~ . ~ ~ N ~8~ \` gd~ `C~~~ ` ~YZ~ ~ Q a 1 ,-., m ~ 4 x i_ ~, ~ v ~~~~~ ~ ~nm 8;u < ~ ~ ~~ Ts # 3n~ ~s~ ~ ~ 3~? ~' ~ - N ~ ~~~` ~ ~~ ~ ,~~ ~ ,~t ~ ~~ i ~ -- ~~ o ~~ 4r ao ~$ 2N ~ h N .rt GD ~i. n $ ~ $ ~ ~ { yy~~ O A ((~V ~~ x r ~ d V7 <N ~ ~ z ~~ ~ t7S U ~ V t d ~ ~-r ~ 5 ~ ~ ~ ~ ~~ ~~ ~ ~~ ,~~ ~ ~ ~~="~ ~~°~~ D ~~~+~N PROPOSED SITE PLAN EDWARD & -J.EAN SNYDER Agenda Item -11 Page 5 ~.,~ ~. ,, < - , . ~ u~ (~) TBD NAILS ~ E11. 8' A4AX. CENTERS JO!SF AT SPLICE $LOCK a~ATHER TUFF (TYP) AJAX DECK O4ERNANG 3 INCHES PAST .IOtST HEADER {TYP) ,,,, Z A ACH DECK TO JCT.""STS a-'. i DECKING ~ IBC?{CON NAIC W ice.. TT ,. ~„ J ~ 24A ~~~~ OCIC ~t~7{~ ~O1+tPN~LG BREAKS At.TERNATE JO!5T BREAKS AT SEPARATE 8ENT5 ....PIER W1DTH5 OVER 5' REQUIRE ADD!TlONAL STS .1057 SPACING i6` 0/C IF USING SJ4 BOARD DEGKlNG. ti:1 JO1S7 $PAGING 24" 0/G iF USIAIG Y 7tA!$ER DECKING. ~PiLES SPACING GREATER THAN 5.0' OfC REQtJIR£ (2j 5J$"~ 1MEATt{ER TUFT' BDLTS ASSEMBLIES aL Prr_E BENTS REQUIRE TWO HEARERS AS SkOWN, NO EXCEPTIONS! 2" z &" OR 2" x 8" DECKING DECK ELEV.: 2' ABDVE A~lHW .~i"'. 2` x 8' JOIST ATTACH TO HEADERS 4MT}i 1~l~, HURRICANE CUPS OR TlkIST ANCHORS ~ `~-2" x 6" HEADER (TYP) $" DIA. PIER P~JN+3 ~~ ~SjB'Xi4" 1hEATHER TUFF M~YY 1.4. _ LENGTH VARIES AS' ~T $>~ASH RS ANDS'~12JDAR[}NUT PER f7 LD DITiONS 50X P~A17(3t~ WASHERS ARE N07 ACCEF±, ' MINlM aELOw lauD ! _ _~. ~,~''E~T~O~y" MATERIALS ~!ECIFiCAT1~iS: u~E ~C2 SWANGER ~- y, l~~GG.: C.C.A. 25 PCF FP!EADERS AND JOISTS: G.C.A. O.6 PCF LIG.NO QIJ~i4T8 DECKING: CCA 0.4 PCr" .d {2" , ~" qq((~~LL WOOD TO gE GRADE 22 0 BETTER. ~ 4r~ Hl+I?DWARE: H.D. GALVANITED~ASTM-AI53] d~ .~'~ PIER DESIGN BASEO ON STANpARO DESIGN I'RACTICE5. ATYPIC , CONLT!il YtStBLY .APPARENT HAYS NOT BEEN TAKEN INTO ACCOUNT. j©NAL Q 2DO9 WATERFRONT CO1~tSIJLTtNG, dVC. ALL Rlt~tiTS RESERVED.. PROPOSED PIER DETAILS EDWARD 8~ JEAN SNYDER Agenda Item 11 Page 6 SECTION VIEW PROPOSED WOOD RAMP ROLLER ASSEMBL ~ 4, ~~,ts) x 6° ©EGK~NG Zn .. (4) 2" x 8" FOR RAMP PROPOSED FLOATING PIER 4' MiN ® MHW DBL. END HDR'S H.D. GAL. HINGES W/ 7 "~ SOLID PIN PIER STRUCTiJRE 2"~ x 8" BLOCKING 16" 0/C (TYP) MATERIALS SPECS: ALL WOOD CCA 2.5 PCF ALL HARDWARE H.D. GALVANIZED. RAMP DESIGN BASED ON STANDARD DESIGN PRACTICES. © 2009 WATERFRONT CONSULTING, 1NC. ALL RlGH75 RESERVED. .. ~tipLTH O~ ~~ Lf'P ~Z v N E ~~A1N Lac. Pb. 005478 .d~ lZ.- f to • ~ w~ . ~SSjONAL PROPOSED PIER DETAILS EDWARD & ;SEAN SNYDER ~-genda Item 11 Page 7 PHOTOGRAPH OF EXISTING DOCK & BOAT LIFT AND ADJACENT PROPERTY EDWARD & JEAN SNYDER ~§ Agenda Item 19 Page 8 1 05/26/09 Street Closure Granted 04/08/08 Conditional Use Permit Communications Tower Granted 04/08/08 Conditional Use Permit (Golf Course Maintenance Facili Denied 05/23/00 Street Closure Granted 01/28/97 Conditional Use Permit Tennis Courts & Parkin Granted 01/23/96 Conditional Use Permit (Golf Course -Clubhouse Ex ansion Granted 01/08/91 Conditional Use Permit Floatin Dock Granted 03/14/88 Conditional Use Permit Marina Ex ansion Granted ZONING HISTORY EDWARD 8~ JEAN SNYdER -Agenda Item 11 Page 9 DISCLOSURE STATEMENT APPLICANT DISCLOSURE if the applicant is a corporation, partnership, #irm, business., or other unincorporated organization, complete the fdlawing: '! , List the applicant name fdbwed by the names of aN officers, members, trustees, partners, etc. below: (Attach fist if necessary) Edward and Jean Snyder 2. Lit atl businesses that have a parent subsidiary' or affiliated business entity relationship wig the applicant: (Attach list if necessary) Check here if the applicant is NOT a cormsration, partnership, firm, twsiness, or otiter unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this sectron only if property owner is different from applicant. if the property owner is a corporation, partnership, firm, busktess, or other ~minoorporated organization, complete the foibwing: 1. Lit the property owner name followed by the names of at! officers, members, trustees, partners, etc. below: (Attach fist if necessary) 2. List afi businesses that have a parent subsidiary' or affitiated business enty relationship with the appiicar~: (Attach fist if necessary) ^ Check here if the property owner is NOT a corporation, partnersh~, firm, business, ~ other uninr~rporated organization. & See next pie tw footrrores ~~~ I~~t I~~ ~~ ~~ Does ~ offidal or employee of ~ City of Virginia Beach have an interest in the N^~1 subject land? Yes _ No tf yes, what is tl~e name of tha o dal or employee and the nature of their interest? con~ional use ~ ?ace 8 ~ to RevKed 7/9!M07 DISCLOSURE STATEMENT ~~ W Z 0 ~~ I~~ A O ' °PararR-subsidiary ralatiortstdp" means's relati~sh~ that exists when one corporation directly or indkectly owns shares possessing more than 50 percent of the voting power of another ~rporation.' See State and Lora! Gwremment Confgct of interests Ad, Va. Code § 2.2-3101. ' "Affiliated buslne~ entity relatbnsh~"means "a relffiionship, other than ~rent- subsidiary relationship, that exists when (i) one business entity has a controlling ownership interesi in the other buss entity , (s) a c~ttroRing owner in one entigr is also a cordratiirrg owner in the other entity or (iii) there is shared mtmagement or Control between the business entities. F~tOrs that should be considered in detenninhlg the exis>Bnce of an affiliated business entity relatimrship indude that the scene person or substantially the scone person own or manage the two entit~s; ttx3re are oom rnan ~ com mimed Funds or assets; the business entities share the use of the same offices or empit~ees or otherw~e shxe activities, resarrc~ or personnel on a regular basis; or there is otherwise a dose working relationsh~ ~tween the entities." Sae State and Local Caavemment Confkct of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: 1 Certlty that the irdorrnatiorr cordained herein is true ~d aaxua~. ! rx~siand that. upon -ecetpt of notitrcation (poMcerd) that the ap~ication has been scheduled tw pu~~ hearing., I am responsible Rx otsair~g and posting the rued sign on ttre subject properly at lei 30 days prior to the sche~ded pubtlc hear~g according th the krstructbns in th~ padrage. The Plann~~in9 ~ogrSph and eth for ~ P~tY by ~ of tlw Depertrnertt of purposes ~ processing ~ evaluadr~ this appon. "s 5rgrr~trt v~ ~ ~'9.. ^i' ' w.~ ~.M'1 Prim Name {i(ditreierit than applicant) Pent Name Ca+w~lo~ uce PermN Appgarian ~roato ae~.a irartoo~ ADDITIONAL DISCLOSURES t.ist ail known contra~rs or businesses that have or will provode services with respect to the requested property use, indudkig but not limited to the providers of arc~litectural services, reaE estate services, financial seMc~s, accotrrtttng services, and ~s1at Leslie J. Bonilla From: Adolfo Martinez [amartinezempire@yahoo.comj Sent: Thursday, August 12, 2010 5;50 AM To: Leslie J. Bonilla Subject: Re: application follow-up mrs. Bonilla, i no longer wish to pursue this matter any longer. i am withdrawing my application. From: Leslie ]. Bonilla <LBonilla@vbgov.com> To: "amartinezempire@yahoo.com" <amartinezempire@yahoo.com> Serrt: Tue, August 10, 2010 8:50:20 AM Subject: application follow-up Hello Mr. Martinez I just wanted to follow up with you regarding your proposed skateboard ramp application. Based on our previous conversation, I just want to confirm that you are withdrawing your Conditional Use Permit application to allow a skateboard ramp on Gadsby Court. Please respond to this email to confirm if you are withdrawing your application. If staff does not receive an email from you to withdrawn your application, Staff will indefinitely defer your application and it will not be heard at the August 24, 2010 City Council hearing, because the appropriate signs have not been posted on the property. As an overview, please reply to this email to let me know if you want to withdraw your application. Thank you for your time and consideration. Siur~cere~jr, Le~~$ar~~,U,w Current Planner Department of Planning 2405 Courthouse Drive, Room 115 Virginia Beach, VA 23456 Office:(757) 385-4901 Fax:(757) 385-5667 ~~ ~~ y ~` ~~ •~ ~ _ ~ s~ ~ ~ S ~~l x [~ ~y,•t. r •~ ~ ~ ~ ~ ~ ~ ~ -.. ~} J^J^ ~ '~° ~. _ t ~ _ -tj ~, ~ "~' «. ~`" ~~ v ~ ~ _ _ ~f ~ --~~ 5~ -.ti3s `ter,,. _ _ ,,,, ..:~ ~ 0~~ `] 4 ~/ /J 3 M ~ ~ < ~ ~ `.' ti. ,~ ~ ~.'~,;' ~ ~~~ ~. ,f^`'' ~. ,' i '~, ~`~ j ~, . ,:~. ~~ ~j ~~Y ~'~---' -~_~ ~ ~'~- ~~ ~"~~ ~ ~ Q/ ~ ~~r ~ ~~ ~~ ~~ .,~ ~lY ~-t t L. C -.~ ~~_~ r.,. .`~ M }fu~~ u e~ " ~s F~ _`~'~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: ADOLFO MARTINEZ, Conditional Use Permit, skateboard ramp, 2008 Gadsby Court. Deferred on June 9, 2010. CENTERVILLE DISTRICT. MEETING DATE: August 24, 2010 ^ Background: The applicant requests a Conditional Use Permit to allow an outdoor recreational facility, a skateboard ramp, to be located within the parcel's rear yard. The ramp will be limited primarily to the use of the adult applicant plus two additional adult friends. A two-story single-family dwelling is located on the lot. The entire rear yard is enclosed by a six-foot tall privacy fence with a locking gate. There is an existing above-ground swimming pool located within the rear yard, approximately 15 feet from the house and a swing set is located east of the pool. A four-foot tall fence divides the pool area from the swing set area. The applicant indicates that he was initially unaware of the need of a Conditional Use Permit. After construction of the ramp, the applicant was informed that a Conditional Use Permit for the skateboard ramp is required. The applicant, therefore, dismantled the ramp and does not plan on constructing a new ramp until appropriate approvals are obtained. The proposed skateboard ramp will be situated approximately 20 feet south of the detached pool, ten feet from the rear western property line, and approximately 18 feet from the rear eastern property line. The size of the ramp is 12 feet wide by 24 feet long, with a height of five and one-half feet at the rollout deck platforms. At each end, there is a small platform with atwo-foot tall rail. The skating surface consists of 3/4 -inch plywood. The ramp is layered with three layers of 1/2-inch plywood in order to help keep sound to a minimum. Signatures of support from residents on forms provided by the applicant were submitted with the application. The applicant notes that the ramp will only be used during the hours of 10:00 a.m. to dusk. Additionally, no one under the age of 18 will use the ramp, and an access gate will be securely locked during other times to prevent unauthorized use/access. Adolfo Martinez Page2of3 ^ Considerations: Staff recognizes the popularity of the skateboarding sport, and the increasing desire of homeowners to install ramps in their yards. Like other recreational equipment and facilities in residential yards (swimming pools, basketball rims, etc.), skateboard ramps have the potential to become nuisances to surrounding residents, especially with regard to sound that emanates from the facility, such as the continuous bouncing of the ball, the sound of the skateboard wheels rolling across the plywood surface of the ramp, or the sound of the cheers and joyful screams. Such sound is normal and is expected in residential neighborhoods. The problems arise when the sound occurs outside the hours of the day expected for such sounds, the sound increases beyond the level normally expected, or the sound includes language that is not considered appropriate. When this occurs, the sound becomes "noise". Such noise, especially if it includes the gathering of individuals on the lot beyond what is normally expected, can significantly disturb the tranquility and peace within the neighborhood. Further, of all recreational equipment and facilities in residential areas, it is the skateboard ramp that, due to the nature of rolling wheels on the riding surface and the size of the ramp, has the potential to create the greatest nuisance. Thus the requirements for this conditional use permit. To ensure that the recommendation of the Comprehensive Plan to protect neighborhoods from destabilizing influences is met, it is vital that this proposal provides safeguards designed to significantly avoid the potential for the facility to become a nuisance to the surrounding residents and thus, to the neighborhood. To accomplish this, the applicant developed a set of rules and standards by which the skateboard ramp will be constructed and used. The design of the ramp and the rules for this use should prevent the sound from and activity of the ramp from becoming "noise" and an intrusion on the surrounding residents. The applicant also personally visited with the adjacent residents, explaining the standards and rules to them. Further, the applicant went beyond the adjacent residents and visited residents in the blocks around the subject site. The applicant gained signatures of support from those he visited. Staff, therefore, concludes that the ramp will be constructed and operated in a manner such that it will not prove to be a destabilizing influence in the neighborhood. The attached conditions, reflective of the applicant's self-imposed rules and standards, will ensure this. Additionally, a condition is recommended requiring an annual review of the facility to make sure the rules are being adhered to and the facility is not acting as a destabilizing influence on the neighborhood. There was opposition to this request. ^ Recommendations: Adolfo Martinez Page 3 of 3 The Planning Commission, with a recorded vote of 11-0, does not recommend approval of this request to the City Council. However, if approved by Council, the following conditions shall apply: The skateboard ramp shall be located and constructed in substantial compliance with the submitted marked-up property survey entitled "Physical Survey of Lot 781, Alexandria, Section Four B" by Dennis J. Gerwitz, P.C. and dated December 15, 1998. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 2. The skateboard ramp shall be constructed in substantial compliance with the submitted elevations. Said elevation has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 3. Use of the ramp shall be limited to the hours between 10:00 a.m. and dusk. 4. To reduce the level of sound emanating from the ramp when in use, the following shall be utilized in the construction of the ramp: (1) the underside of the plywood beneath the skating surface shall be insulated; (2) the sides of the ramp shall be enclosed with wood; and (3) roofing paper shall be installed between the plywood and the skating surface of the ramp. 5. A chain shall be secured across the ramp when the ramp is not in use such that the ramp cannot be used. 6. The ramp shall only be for the use of the applicant and invited guests. All users of the ramp shall be age 18 or over. The Zoning Administrator shall annually evaluate whether the rules have been adhered to. If the evaluation reveals that the conditions are being met, the use permit shall be renewed for an additional year, with an annual evaluation thereafter. If the evaluation reveals that the conditions are not being met, the Zoning Administrator shall refer the Use Permit to the City Council for revocation. ^ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends Denial. Applicant has requested withdrawal of the application. Submitting Department/Agency: PlanninLg Department City Manager. ~ (J1fZ, Item # 13 Adolfo Martinez Conditional Use Permit 2008 Gadsby Court District 1 Centerville July 14, 2010 DENIAL GPIN: 145477641 S An application of Adolfo Martinez for a Conditional Use Permit for an outdoor recreation facility (skateboard ramp) on property located at 2008 Gadsby Court. AYE 11 NAY 0 ABS 0 ABSENT 0 ANDERSON AYE BERNAS AYE FELTON AYE HENLEY AYE HORSLEY AYE KATSIAS AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE By a vote of 11-0, the Board has denied the application of Adolfo Martinez. Alap &11 Adolfo Martinez ~~RSD - „~,,,..... A'12 ~ ~ .,.-a _ _.~ a R5D 4- , ~~~ ~o, ' ~ ~ ~ ti w ~ _ _ ~. .~ ~ ~~ RSb ~ ~ R5D ,~ _ o CUP - Recreation Feditry of an Outdoor Neiure REQUEST: Conditional Use Permit (outdoor recreation facility) ADDRESS I DESCRIPTION: 2008 Gadsby Court 13 July 14, 2010 Public Hearing APPLICANT: ADOLFO MART N EZ PROPERTY OWNER: MARIA WERT STAFF PLANNER: Leslie Bonilla GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14547764150000 CENTERVILLE 11,456 square feet Less than 65 dB DNL APPLICATION HISTORY: This application was deferred at the June 9, 2010 Planning Commission hearing. The public notice signs were not posted on the property in the manner specified by the City Zoning Ordinance. The sign has since been relocated to an appropriate location. SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to allow an outdoor recreational facility, a skateboard ramp, to be located within the parcel's rear yard. The ramp will be limited primarily to the use of the adult applicant plus two additional adult friends. A two-story single-family dwelling is located on the lot. The entire rear yard is enclosed by a six-foot tall privacy fence with a locking gate. There is an existing above-ground swimming pool located within the rear yard, approximately 15 feet from the house and a swing set is located east of the pool. A four-foot tall fence divides the pool area from the swing set area. The applicant indicates that he was initially unaware of the need of a Conditional Use Permit. After construction of the ramp, the applicant was informed that a Conditional Use Permit for the skateboard ramp is required. The applicant, therefore, dismantled the ramp and does not plan on constructing a new ramp until appropriate approvals are obtained. The proposed skateboard ramp will be situated approximately 20 feet south of the detached pool, ten feet from the rear western property line, and approximately 18 feet from the rear eastern property lime. The ADOL°FO MARTINEZ Agenda Item 43 Page 1 size of the ramp is 12 feet wide by 24 feet long, with a height of five and one-half feet at the rollout deck platforms. At each end, there is a small platform with atwo-foot tall rail. The skating surface consists of 3/4 -inch plywood. The ramp is layered with three layers of 1/2-inch plywood in order to help keep sound to a minimum. Signatures of support ftom residents on forms provided by the applicant were submitted with the application. The applicant notes that the ramp will only be used during the hours of 10:00 a.m. to dusk. Additionally, no one under the age of 18 will use the ramp, and an access gate will be securely locked during other times to prevent unauthorized use/access. LAND USE AND PLAN INFORMATION EXISTING LAND USE: Single-family residential SURROUNDING LAND North: . Glen View Drive USE AND ZONING: . Across Glen View Drive are single-family residential dwellings / R-5D Residential Duplex District South: . Single-family residential dwellings / R-5D Residential Duplex District East: . Single-family residential dwellings / R-5D Residential Duplex District West: . Single-family residential dwellings / R-5D Residential Duplex District NATURAL RESOURCE AND There are no known significant natural resources or cultural features CULTURAL FEATURES: associated with this site. COMPREHENSIVE PLAN: Suburban Area CITY SERVICES There are no expected impacts to City services. POLICE: The Police Department notes that residential ramps of this nature can become a nuisance and result in increased calls primarily due to noise. Rules for use of the ramp, strict supervision of use of the ramp, and control of access to the ramp are necessary to avoid the ramp becoming such a nuisance ADOLFO MARTINEZ Agenda Item 13 Page 2 EVALUATION AND RECOMMENDATION Staff recognizes the popularity of the skateboarding sport, and the increasing desire of homeowners to install ramps in their yards. Like other recreational equipment and facilities in residential yards (swimming pools, basketball rims, etc.), skateboard ramps have the potential to become nuisances to surrounding residents, especially with regard to sound that emanates from the facility, such as the continuous bouncing of the ball, the sound of the skateboard wheels rolling across the plywood surface of the ramp, or the sound of the cheers and joyful screams. Such sound is normal and is expected in residential neighborhoods. The problems arise when the sound occurs outside the hours of the day expected for such sounds, the sound increases beyond the level normally expected, or the sound includes language that is not considered appropriate. When this occurs, the sound becomes "noise". Such noise, especially if it includes the gathering of individuals on the lot beyond what is normally expected, can significantly disturb the tranquility and peace within the neighborhood. Further, of all recreational equipment and facilities in residential areas, it is the skateboard ramp that, due to the nature of rolling wheels on the riding surface and the size of the ramp, has the potential to create the greatest nuisance. Thus the requirements for this conditional use permit. To ensure that the recommendation of the Comprehensive Plan to protect neighborhoods from destabilizing influences is met, it is vital that this proposal provides safeguards designed to significantly avoid the potential for the facility to become a nuisance to the surrounding residents and thus, to the neighborhood. To accomplish this, the applicant developed a set of rules and standards by which the skateboard ramp will be constructed and used. The design of the ramp and the rules for this use should prevent the sound from and activity of the ramp from becoming "noise" and an intrusion on the surrounding residents. The applicant also personally visited with the adjacent residents, explaining the standards and rules to them. Further, the applicant went beyond the adjacent residents and visited residents in the blocks around the subject site. The applicant gained signatures of support from those he visited. - Staff, therefore, concludes that the ramp will be constructed and operated in a manner such that it will not prove to be a destabilizing influence in the neighborhood. The attached conditions, reflective of the applicant's self-imposed rules and standards, will ensure this. Additionally, a condition is recommended requiring an annual review of the facility to make sure the rules are being adhered to and the facility is not acting as a destabilizing influence on the neighborhood. CONDITIONS 1. The skateboard ramp shall be located and constructed in substantial compliance with the submitted marked-up property survey entitled "Physical Survey of Lot 781, Alexandria, Section Four B" by Dennis J. Gerwitz, P.C. and dated December 15, 1998. Said Alan has been exhibited to the Virginia Beach Citv Council and is on file in the Virginia Beach Planning Department 2. The skateboard ramp shall be constructed in substantial compliance with the submitted elevations Said elevation has been exhibited to the Virginia Beach Citv Council and is on file in the Virginia Beach Planning Department. 3. Use of the ramp shall be limited to the hours between 10:00 a.m. and dusk. 4. To reduce the level of sound emanating from the ramp when in use, the following shall be utilized in ADOLFO MARTINEZ _ -Agenda Item 13 Page 3 the construction of the ramp: (1) the underside of the plywood beneath the skating surface shall be insulated; (2) the sides of the ramp shall be enclosed with wood; and (3) roofing paper shall be installed between the plywood and the skating surface of the ramp. 5. A chain shall be secured across the ramp when the ramp is not in use such that the ramp cannot be used. 6. The ramp shall only be for the use of the applicant and invited guests. All users of the ramp shall be age 18 or over. 7. The Zoning Administrator shall annually evaluate whether the rules have been adhered to. If the evaluation reveals that the conditions are being met, the use permit shall be renewed for an additional year, with an annual evaluation thereafter. If the evaluation reveals that the conditions are not being met, the Zoning Administrator shall refer the Use Permit to the City Council for revocation. NOTE: Further conditions maybe required during the administration of applicable City Ordinances and Standards. Any site plan submitted wifh 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 Cerflfcate 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. ADOLFO MARTINEZ Agenda Item 13 Page 4 AERIAL OF SITE LOCATION ADOLFO MARTtNEZ Agenda Item 13 Page 5 EASEMENT LEa ![!E KNRO t0i 3a t~ oM.~c ~~ x tMisv~oE w ~~o a~~n a'" ~ ~~a x Z W ~~~ ~~-a -~~cr f ~ O ~~ ~n _ Z_ ~_ ~`' c~S~v m ,4 -4ra ~~~ }~.r:~ L.4.Z QF' U1 W ~~ 4 ~~~ H ~ ~Z~ ~/'+ O Q ~~~ PROPOSED S~fiE PLAN ADOLFO MARTINEZ Agenda Item 13 Page 6 _.e~ ./l , ~~ ` ~ ~ -~ ~ , + ~ , t - : * ~ ~ t ~ ~ ~ , _ ~ ..33 ~ ` ~ ~ J ~ ~ ,+ ~. ~'` 'v ____.1 ~ ~ ~la~"~ n __..,~ .~~a. + ,r_~ ..~ t ~~~~€€a; ~ ~ u. ; ~~> ~, + Per + I k~ J k 7,~. ~ i a; ~- c--a PROPOSED CONSTRUCTION PLAN ADOLFO MARTINEZ Agenda Item 13 Page 7 11Iap B-12 Arlnlfn Martine -~~~ ~ c ~ ~ ~ ,~ ~ wAe~ ~ w.ouiicu+ ~ --"~ 4 ,~ j, ~~ ~~~ ~ /'1 r ~} ~ ~~ ice'' ~, w/gyp ~}~ j 1~ ~~ jar t~~~l ~VY~~t~ i~ ~`.~. R ~ / YJ ~;,...-- `~ '1 ~ ~ ./~,, ~~r ~ ~ o~ C es ~ ~; -~ ~~~ - ~j ,- , ~' CUP -Recreation Facility of an Outdoor Nature # DATE DESCRIPTION ' ACTfC?N 1 01-12-99 Conditional Use Permit borrow it Granted ZONING'HiSTORY ADOLFO MARTlNEZ Agenda Item 13 Page 8 DfSCLOSURE 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) F~Q~t~r~ Mt~4'•,T~~2Z_ 2. List all businesses tha# have aparent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary} t~'1`A 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. !f 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 fist if necessary} t''tf34~.ic~ 3J~Q'C" 2. List all businesses that have aparent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list ff necessary} -l~_1~A Check here if the property owner is NOT a corpora#lon, partnership, firm, business, or other unincorporated organization. See next page for footnotes Does an official or employee of the ~'tty 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? Condfticxaai UsC PBrtEtit Applicatron Page 9 a4 t4 Ravisec! 7t3r'2007 0 R~ ~--t W cw ~~- .--r 0 V ADOLFO MARTINEZ Agenda Item 13 =Page 9 Z ~--i ~"'! ~--•~ ~•-•~ V DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES `List all known contractors or businesses that have or will provide services with respect to the requested property use, induding but no# limited to the providers of ardaitecturai services, real estate services, finanaal services, accounting services, and legal services: (Attach list tt necessary) ^ ~ ' "Parent-subsidiary relatl~ship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation.' See State and Local Government Conflict of interests Act, Va. Code § 2.2-3101. 3 "Affiliated business entity relationship" means "a relationship, other than parent- subsidiary relationship, that exists when (l)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 (ill) there is shared management or control between the business entities. Factors that should be considered In determining the existence of an affiliated business entity relationship include that the same person or substantially the same psrson awn or manage the two entities; #here are common or commingled funds or assets; the business enctiss share the use of the same offices or employees or otherwise share activices, resources or personnel on a regular basis; or there is o#herwlse a close working relationship between the entices "See State and Local Government Conflict of Interests Act, Va. Gods § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. i understand that, upon receipt of notiticat'as (postcard) that ttte application has been sdieduled for public hearing, l am responsible for obtasning and posting the required sign cut the subject property at least 30 days fxior to the scheduled public hearing acx»rding to the Instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to phot~raph and view the site for purposes of processing and evaluating. this application. Applicants Signature ~, Print Name Signature (if different than applicant) Print Nance GonOitlona€ use Pem~St Appi+cadcn Pape 10 at 1~ Reused 7t3t20Q7 ADOLFO MARTINEZ Benda Item 7.3 Page 10 ~i E~~k° ~ ~~ ~C~~~'~ ~o ~ fit, ~-~ 5 ~ A~ ~ ANA ° ~ ~ ~- ~- ~ P ~~ n~ k v~F ~ . ~ A M A ~~ ss S ~ ~ ~~~~ -- L4// J~ .u5 ,~'~L.i C~_, ~ S h 'fir pia ~ ~al~ ~'SC~1 ct~~fN ~a~N ~'Q . ~ ,~~ ~ ~~N ~S©~ c~~,~ ~~~N b~ ,~ , z~~ --- (''~ ~ Sri f,~- o ! c.-~g h- ~~~ ---- + v'19'I~•c~ ~D t 33 l Cam' 1 ~~ Cc . ~ LQ ~- n. iW-c~r ~ .~ c~~' ~ ~ ~ ~ ~ ---- PETITION TO DENY CONDITIONAL USE PERMIT FOR EXISTING SKATE BOARD RAMP To: City of Virginia Beach Planning Commission & Virginia Beach City Council By signing below I am acknowledging my support for a denial of the Conditional Use Permit for the use of a skateboazd ramp located at 2008 G~sby Court in Virginia Beach, Virginia. ., . ~. Printed Name Address ~ Si re 550 ~ L ,LLvs+ ,~/~ s~5 ~ ,~~ Leslie J. Bonilla From: - Beth Kinstler [bethkinstler@cox.net] Sent: Wednesday, May 12, 2010 11:29 AM To: Leslie J. Bonilla Subject: 2008 Gadsby Court To Whom it may Concern, We are the homeowner's of 5517 Cabin John Drive, Va Beach. 2008 Gadsby Court is located to the left of our backyard. We are able to hear all disturbances and see very clearly into their backyard from our upstairs windows. We are very much opposed to a conditional use permit fora skateboard ramp being granted to 2698 Gadsby Ct. When they were using the ramp previously, it sounded like someone was loudly jumping in the upper level of our home. The ramp is also very tall and unsightly. I do not want the ramp to impede on my enjoyment of my own property or hurt the resell value of my home. My husband and I will be at the planning commisson hearing on June 9, 2819 to voice our concerns. Regards, Beth Kinstler 1 Leslie J. Bonilla ~e ~z c~- ~ODpest~-ir~n From: Pam Johnson [pamjohnson@att.net] Sent: Monday, June 07, 2010 11:24 AM To: Leslie J. Bonilla Subject: conditional use permit 2008 Gatsby Court Dear Ms. Bonilla: My husband and I are writing to express our concerns over the request and any consideration that may be given the owners of 2008 Gatsby Court regarding the skate board ramp of any size in their back yard, which is adjacent to our back yard. I have been a successful Realtor in the Virginia Beach, Chesapeake area for over 23 years and can assure you that a structure of this nature allowed in a small backyard WILL continue to depreciate the value of that home and the entire community that it is in. We have already seen values fall because of the market....please do not allow further deterioration of this community. Furthermore, the existing ramp is creating excessive noise and concerns to our tenants and our neighbors. Our tenants, who just left our house after renting from us for over six years, also had to contend with a large dogs coming in our backyard and clawing and biting at the rear and side door to get into our house. The dogs were able to get through the (iri need of repair) fence of 2008 Gadsby Ct. We have replaced the back door and are having to replace the side door at a cost of over $500 All owners and tenants should be given the right to peaceful enjoyment of their premises, and while a skate board ramp and large dogs may be our neighbors form of enjoyment, when it adversely affects the owners and/or tenants in other properties, it must cease and not be allowed or encouraged. I would like to be at this meeting, however, we have just returned today from being out of town for two weeks and business appointments are already in place for tomorrow morning. We just picked our mail up and found this notice in it. If you have any questions, please call me at 757-642-4881. Blessings, Pam Johnson Leslie J. Bonilla From: Stephen Kinstler [stevejmu@cox.net] Sent: Friday, July 09, 2010 1:48 PM To: Leslie J. Bonilla Subject: 2008 Gadsby Ct. To: The Virginia Beach Planning Commission From: Stephen Kinstler, Owner of 5517 Cabin John Drive, Virginia Beach, VA 23464 Re: Skateboard Ramp at 2008 Gadsby Court, Virginia Beach, VA 23464 To Whom It May Concern: I am writing to express my opposition to the proposed Skateboard Ramp at 2008 Gadsby .Court, Virginia Beach, VA. 23464. Please consider the following facts regarding the residents at 2008 Gadsby Court: 1. When the Skateboard Ramp was first constructed without a permit, my wife (Beth Kinstler) called the city inspector to investigate the property. Upon arrival to the property, the inspector asked the residents if there was a ramp larger than a 1/4 pipe or 4x8 on the premises. They said that they did not have anything larger than this when in fact they had an entire ramp and additional platforms for which to skateboard and ride bicycles. The inspector was called back to look onto the premises from the backyard of my property and when he saw the ramp and additional platforms, he immediately knew that he was lied to (his exact words were, "They lied to me") and informed the residents to deconstruct the ramp and apply for a Conditional Use Permit. This conduct displays a lack of trust of the residents. 2. The initial hearing was scheduled in Tune but had to be deferred because the residents did not follow the required instructions to display the hearing notice correctly. The sign was initially placed next to the front door which was not in plain view from the street. The city had to inform them that the sign was not placed correctly and that the hearing would be deferred until the sign had been properly displayed for 30 days. This conduct demonstrates a lack of responsibility of the residents. 3. I have video evidence that the residents left several small children unsupervised during the hours of the day when the daycare business was in operation. These children were standing on the platform next to the swimming pool full of water, only inches from the edge, looking into the water. The video shows that there were no adults in site during this incident. I have raised this point to illustrate the fact that the residents at 2008 Gadsby Court cannot be trusted nor are they responsible. 4. For a period of about 6-8 months I placed approximately 12 calls to Animal Control for excessive barking from the residents' dogs. The barking occurred as early as 6:00 AM and as late as 12:00 AM and would last anywhere from 15 minutes to 3 hours at any given time. These same dogs have escaped from the backyard many times, destroying fences and roaming the neighborhood. It only stopped within the last year because I had to speak with the owner that the barking dogs were affecting the quality of my life and keeping my two small children from sleeping. Furthermore, there have been several instances when I had to call the police due to excessive noise coming from the backyard due to partying late at night (after 10:00 PM and later). On one occasion, we watched party goers literally scatter through the backyard when the police showed up which raises concerns about why the party goers were frightened enough to hide from the police. I have raised this point to further illustrate the fact that the residents at 2088 Gadsby Court are not responsible for their property nor do they respect their neighbors. 5. None of the approving signatures collected in the petition are adjacent properties to 2008 Gadsby Court, and one of the signatures is located 1.7 miles away in Chesapeake, VA. It is my opinion that these approving signatures could not see and/or hear the noise coming from the Skateboard Ramp when it was first constructed without a permit. 6. The map of our neighborhood shows that the backyard of 2008 Gadsby Court is centrally located to numerous properties. There are as many as 9 or more properties who can see and/or hear the noise coming from the backyard at 2008 Gadsby Court, including my next door neighbors located at 5521 Cabin john Drive, Virginia Beach, VA. Even though their property does not touch 2008 Gadsby Court, they have told us that they could hear cursing and other excessive loud noises coming from the 2008 Gadsby Court property when the Skateboard Ramp was initially constructed without a permit. 7. When the ramp was first constructed without a permit there were additional platforms used to navigate the series of ramps and pipes. Not only did the residents skateboard on this recreational area, they also rode their bicycles, oftentimes at night with bright work lights shining across the yard onto other houses. This sort of play made sounds loud enough that it sounded like someone was jumping on the roof of my home. This is not a level of noise that I am comfortable with. Therefore, it is my concern that the residents at 2008 Gadsby Court will not follow the rules and regulations cited by the City of Virginia Beach and/or created by themselves. In my opinion, none of the conduct portrayed in my statements above is becoming of individuals who are responsible for owning a Skateboard Ramp. An unsightly Skateboard Ramp will affect the resell value of my home and possibly the other 9 or more surrounding properties. The lack of responsibility and lying to City Inspectors from the residents at 2808 Gadsby Court proves that the quality of life in our neighborhood may greatly suffer if this Skateboard Ramp is approved. I will be at the hearing scheduled for Wednesday 14 7uly 2010. V/R, Stephen Kinstler 2 lviy 9, 2010 City of Virginia Beach Plaruung Commission RE: ADOLFO MARTINEZ -CONDITIONAL USE PERMIT, SKATEBOARD RAMP, 2008 GADSBY COURT, CENTERVILLE DISTRICT - ST.9FF PLANNER LESLIE BONILLA -HEARING )ULy 14, ZO10 Deu Sir or Madam: My wife aad I reside a 5509 Cabia John Drive, Virginia Beach, Virginia. We purchased the home in September, 2007. Our home is Ivcated directly behind the property located at 2008 Gadsby Court, Virginia Beach, Virginia. In the winter of 2009 a skateboard ramp was constructed by the owners of the home located at 2008 Gadsby Court in Virginia Beach, Virginia 'T'he construction of the ramp caused significant discomfort due to the hammering of Heels and the cutting of wood. The subsequent use of the ramp caused significant discomfort to me and my wife due to the noisc caused by the skateboarding and the loud voices that were often associated with the ramps operation. The tamp was routinely used after dusk and in severe] instances has been used beyond midnight. To our delight, the owners of the ramp were instructed to raze the structure in dte spring of 2010. We recently became aware that the initial construction of this ramp was not permissible without a Conditional Use Permit granted by City Counal. We are aware that the owners of the ramp have now applied, post-construction/post demolition, for this permit. The purpose of this lemr is to cequest denial of this rcquest. Wht1e the Planning Commission and City, Council have approved and denied nutnemus requests for CUPS for skateboarding ramps within the City limits, the conditions precedent in those decisions have mainly been related to four factors: 1. Can accommodations be made so as to limit the anise created by the use of the ramp? 2. Caa ade4uate safety features be incorporated into the strttctuce? 3. Can legal setbacks From neighboring property lines be respected? 4. Can the owner of the ramp be expected to utilize the structure in an appropriate and neighborly manner? Our ncperiences with our neighbors at 2008 Gadsby Court while living in our home has lead us to the conclusion that none of the four points mentioned above can be met in an agreeable form, First, whey the ramp was constructed it was located only a few feet from the iiae separating our properties. I have included a photograph of the ramp as of 3/21/20]0 that depicu the close proximity to our Property line. Lots in our neighborhood are net very large and the setback of the homes is not very great. The rear of our home is locatcd 32 feet from the rear boundary line, The people who routinely use the ramp appear to be between the ages of 17-25. These are not young children whose voices can be controlled by a supervising adult. On several instances while living at our current location we have had to contact the Virginia Beach Police Depaztmrnt due to excessive noisc late in the evening, Ftom the - 2 - duly ~, 2oi o photographs that have been provided you will see that there dots not appear to be enough space to construct a skateboard ramp that would be adequately distant from our property line so as to limit the noise Second, we do not believe that the ramp can be secured in a manner that would make it safe to ndghboring children. On numerous occasions the dogs that reside at 2008 Gadsby Court have broken through neighboring fences and have terrorized the neighborhood. On one occasion after midnight in the fall of 2007 the Rottweiler and bull dog that lived at 2008 Gadsby Court broke through the frnce at the rear of our property and clawed at our baclt door attempting to get inside. As I was out of town, my wife called the Virginia Beach Police Department who sent an officer to our home to remedy the situation, My wife was terrified. The dogs have broken through the fences on several other occasions and have routinely tormented the neighbors in our development. The fence at 2008 Gadsby Court is not secure enough to prevent an animal from escaping or to prevent a small child from entering the property. Further, the owner of 2008 Gadsby Court operates aday-caze business that caters to young children. It seems inappropriate and negligent to have a skateboard ramp located within close proximity and access to a day- care operation. My wife and I have reviewed the Virginia Beach General District Court Public Records that indicate the following animal related criminal charges against Maria Wert, the owner of the home at 2008 Gadsby Court. These charges outline a history of lack of control, supervision, containment and safety as it relates to her pets: • 10/20/2009 - Dangerous/vicious Dog -Animal Violation • 3/9/2009 - No City Dog Tags • 3/9/2009 - Dog At Large • 1 /30/2008 -Dog At Large • 11 /9/2007 - Faihtre to Provide Care • ]0/2/2007 -Dog At Large • i /9/2007 - No Rabies Vaccines • 8/18/2006 -Dog At Large (x2) • 8/18/2006 - No City License {x2) • 2/3/2006 -Dog At Large Because of their apparent lack of responsibility for their own animals and lack of concern for other animals, children or neighbors is out area, we do not believe that the owners of the skateboard ramp can secure their property is a waq that would prevent young children from using the ramp uasnpervised. There is obviously a history of neglect for the htw that is demonstrated by the animal related charges desca~bed above. Third, as mentioned previously, the ramp is currently located a Eew feet from our property boundary line. The ramp is very large and we do not believe that there is adequate room to move the ramp far enough away from ovr property. The rear of our home is located 32 feet from our rear boundary line, The ramp would need to be moved substantially farther than the 5 feet that has customarily been approved. Finally, die repeat violations of the owners of 2006 Gadsby Court as it relates to the maintenance of their pets and the numerous noise complaints lead us to believe that they are not capable of maintaining the peaces My wife and I are not the only neighbors who have contacted the Virginia Beach Police or Anima] Control Department regarding the owners of 2008 Gadsby Court. They have misled police officers, animal coatroi officers and your own inspector as it relates to the existence of the skateboard ramp. We have no reason to believe that anq requucmcnts, compromises or established operating rules will be adhered to given the events that we have experienced over the past several years. The following is a list of additional Virginia Beach Public Records Case Information regarding Maus Wert and ha son Corey Wert that demonstrate a history of neglect for authority and a lack of responsibility as it applies to their obligations as citizens and neighbors. -3- ' err • 10-16-2003 -Threats Over the phone • 3/2/2404 -Violation of Peace Bond • 7/8/2004 -Violation of Peace Bond • 8/14/2008 - SUSP. O/L • 7/12/2008 -Drunk in public • 9/27/2006 -Purchase/Possess Alcohol • 7/18/2006 -- Urinating in Public • 3/29/2006 -Possession of Controlled Substance -Possession of Marijuana July 9, 20~ o In the nearly three years that tae have lived adjacent ro 2008 Gadsby Court we have taken measures ro enstue out comfort, privacy and tight to not be terrorized. We have erected an 8-foot fence wheq it became evident that our neighbors at 2008 Gadsby Court would not repair theirs, We have called the Virginia Beach Police Deparnnent when the noise has gotten out of hand. We have contacted Animal Control when the dogs have broken through the fences. Until now, these actions -while burdensome, time wasuming and expensive -have worked. The recent arrival of the skateboard ramp changed this comfort and we now have a nuisance that we cannot control without your help. Given the history of violations outlined in this letter, it is evident that the approval of a CUP foz the skateboard ramp's construction wiIl result in additions] work for city inspectors and law enforcement personnel, This come at a great cost to a city that needs ro aPPIY ~~ services of these hard twtkiug service members elsewhere. My wife and I greatly aPP~m the.work that you do to make the City of Virginia Beach the best and the most comfortable dty for its citizezas, 'Thank you for taking our concerns into consideration. Sincerely, Patrick & Kirsten Paynor 5509 CABIN JOHN DRIVE VIRGINIA BEACH, VIRGINIA 2364 M. APPOINTMENTS HEALTH SERVICES ADVISORY BOARD MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE MINORITY BUSINESS COUNCIL N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ~~ `~ .. i• r M• ;: CITY COUNCIL ;, ;: ;: RETREAT ;; ~: ,. •. ., ., .. -. ~ ;: 8:30 AM - 5:00 PM ~. ;; `` -~ ;: - • ~+ ~~ s~ .~ ~; FRIDAY and SATURDAY ,~ ~. ;: January 21-22, 2011 ;: ~ ~. ~~ .~ .~ ~ ,: CONFERENCE ROOM ~. ;~ .~ ;: - Suite 1000 ~~ :~ ~; 222 Central Park Avenue ;~ ~: TOWN CENTER ;~ F: - ~~ - ~ ~~ ~• ~~ ~• •. ~ ~ ~ ~ r •~• E CITY COUNCIL /SCHOOL BOARD "FIVE YEAR FORECAST" Building No. 19 TUESDAY, NOVEMBER 16, 2010 Agenda 08/24/lOgw CITY OF V/RGIN/A BEACH SUMMARY OF COUNCIL ACTIONS DATE: 08/10/2010 B PAGE: 1 E D S L E D H E W AGENDA L D S l E J S lJ 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 UA BRIEFINGS: RESORT AREA PARKING METER PILOT PROGRAM Mike Eason - Resort Administrator Andrew Friedman -Director, Housing and Neighborhood Preservation Jim Davis, Resort Advisory Commission II/11UIVN/ CERTIFICATE OF CLOSED CERTIFIED ]0-0 Y Y Y A Y Y Y Y Y Y ~ E SESSION F-1 MINUTES-July 13, 2010 APPROVED 9-0 Y Y A A Y Y Y Y Y Y Y B S T A t N E D G/H 1 MAYOR'S PRESENTATION: CERTIF[CATE OF ACHIEVEMENT Patti Phillips, FOR EXCELLENCE [N FINANCIAL Director of REPORTING Finance I-i PUBLIC HEARINGS SALE OF EXCESS PROPERTY No Speakers J-l. Ordinances to AMEND the City Code: ADOPTED, BY 10-0 Y Y Y A Y Y Y Y Y Y Y CONSENT a. §21-406 re notification to Emergency Communications and Citizen Services (3-I-1) by tow truck operators when vehicle is cawed b. §21-230 re designation of Grey Friars Chase, Bellamy Plantation, Traffic Calming Ordinance CITY OF VIRGINIA BEACH SUMMARY OF COUNC/L ACT/ONS DATE: 08/l0/20 (0 g PAGE: 2 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 I O O O S H L R Y S S N N D 2 Ordinance to DECLARE portions City ADOPTED, BY 10-0 Y Y Y A Y Y Y Y Y Y Y property EXCESS/AUTHORIZE the CONSENT necessary documents: a. 1517/one-half of 1525 Indiana Avenue/216/ 220 Middle Lane re Murray Homes, Inc. b. 1533/one-half of 1525 Indiana re Cashvan Homes, Inc. c. 229 Roselynn Lane re Joellen Wright d. 1556/1562 New York Avenue re DarrelUJessica Shay Edwards 3 Ordinance to AUTHORIZE/EXECUTE ADOPTED, BY 10-0 Y Y Y A Y Y Y Y Y Y Y a Termination Agreement to a Deed of CONSENT Lease with SPSA at Landfill No. 2 - (D[STRICT 1 - CENTERVILLE) 4 Ordinance to AUTHORIZE the City ADOPTED, BY 10-0 Y Y Y A Y Y Y Y Y Y Y Manager to EXECUTE a Lease with CONSENT VERONA MED, INC. for the "Pepper's" property at 225 17's Street (DISTRICT 6 -BEACH) 5 Ordinance to AUTHORIZE supplanting ADOPTED, BY 10-0 Y Y Y A Y Y Y Y Y Y Y State funds re Sheriff's Career CONSENT Development Bonus/salary increase for Master Deputy 6 Resolution to AUTHORIZE ADOPTED, BY 10-0 Y Y Y A Y Y Y Y Y Y Y performance contract between CONSENT CSBNDBHDS CITY OF V/RGIN/A BEACH SUMMARY OF COUNC/L ACT/ONS DATE: 08/10/2010 g PAGE: 3 E D S L E D H. E W AGENDA L D S 1 E J S t1 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 7 Ordinances to AUTHORIZE ADOPTED, BY 10-0 Y Y Y A Y Y Y Y Y Y Y encroachments into a portion of City- CONSENT owned r-o-w at Lake Wesley/Bay Island/ Cove of the Lynnhaven River: a. W. CASON BARCO: boat lift/floating pier/ramp/mooring pile at 565 Virginia Dare Drive (DISTRICT 6 -BEACH) b. WILLIAM EDWARD/ ANJANETTE CARRICO SCHLEMMER: wharf/boat lift at 2316 Windward Shore Drive (DISTRICT 5 - LYNNHAVEN) c. LLOYD W./ MARLENE N. BRANTLEY: pier/platform at 2725 River Road (DISTRICT 5 - LYNNHAVEN) 8 Ordinance to IMPLEMENT ADOPTED, BY 10-0 Y Y Y A Y Y Y Y Y Y Y recommendation of the RAC re Parking CONSENT Meter pilot program to address panhandling at the Resort Area 9 Resolution of SUPPORT for Police ADOPTED, BY 10-0 Y Y Y A Y Y Y Y Y Y Y recognition by Attorney General re CONSENT "Community Recognition" program in responding to domestic violence 10 Ordinances to ACCEPT/ ADOPTED, BY 10-0 Y Y Y A Y Y Y Y Y Y Y APPROPRIATE: CONSENT a. $110,757 Grant from Va Health to EMS re replacement of defibrillators/a match of $138,369 from the City b. $18,600 Grant from Smart Beginnings South Hampton Roads re Early Learning Challenge Grant to the Library/$16,800 to provide to childcare centers - c. Grant funds from Va Criminal Justice Services to the DEA Seized Asset Fund/TRANSFER local match for Human Services: $98,092 Federal pass-through funds $10,899 from the Police Department $10,899 from the Sheriff $10,900 within the Department of Human Services CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: 08/10/2010 B PAGE: 4 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 FI 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 d. $228,571additional Grant from VDBHDS for services at Recovery Center/$2,500 to Very Special Arts, Inc. e. $43,820 "Systems Change Initiative" Grant from Criminal Justice Services local match of $4,869 to Court Services Unit re Juvenile Justice system L-1 Variance to §4.4(b) of the Subdivision APPROVED/ 10-0 Y Y Y A Y Y Y Y Y Y Y Ordinance that all lots meet CZO for CONDITIONED DAVID R./THEODORE E. BY CONSENT SR./KIMBERLY M. THIEMAN, re lot width at 1400/1428 Campbell's Landing Road (DISTRICT 7- PRINCESS ANNE) 2 FRANCIS ASBURY UNITED APPROVED/ 10-0 Y Y Y A Y Y Y Y Y Y Y METHODIST CHURCH for CONDITIONED Modification of Conditions (approved BY CONSENT May 25, 1999) re Preschool at 1871 North Great Neck Road (DISTRICT 5 - LYNNHAVEN) 3 STEPHEN J./PAULA H. DEFERRED 10-0 Y Y Y A Y Y Y Y Y Y Y LAUKAITIS/MAXIM V. INDEFINITELY MIROVSKUMARGARET Y. BY CONSENT BUMGARTEN CUP re pier to be shared by adjacent property owners at 3300/3336 Whippoorwill Point (DISTRICT 5 - LYNNHAVEN) 4 RORY KENNEDY/SMO, INC. CUP re APPROVED/ 10-0 Y Y Y A Y Y Y Y Y Y Y auto repair garage at 493 South CONDITIONED Independence Boulevard (DISTRICT 2 - AS AMENDED, ICEMPSVILLE) BY CONSENT 5 HI-SEA, LLC CUP re a bank drive- APPROVED/ 10-0 Y Y Y A Y Y Y Y Y Y Y through at Pacific Ave between 32"~ CONDITIONED Street/Laskin Road at "Beach Center" BY CONSENT (DISTRICT 6 -BEACH) L. APPOINTMENTS RESCHEDULED B Y C O N S E N S E S MINORITY BUSINESS COUNCIL REVIEW AND ALLOCATION Appointed 3 Year 10-0 Y Y Y A Y Y Y Y Y Y Y COMMITTEE Term 09/01/10 - 09/31/13 Edith E.Weiss C/TY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: 08/ 10/2010 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 l O O O S H L R Y S S N N D Reappointed 3Year Term 09/01/10 - 09/31/13 Pricilla Beede Kim Thumel TIDEWATER COMMUNITY COLLEGE Appointed 10-0 Y Y Y A Y Y Y Y Y Y `! BOARD Unexpired thru 06/30/14 Connie A. Meyer WETLANDS BOARD Reappointed 5 10-0 Y Y Y A Y Y Y Y Y Y Year Term - 10/10/10/- 9/30/15 Ulysses T. Brown -Alternate Nancy L. Lowe - Altemate WORKFORCE HOUSING ADVISORY Reappointed 4 10-0 Y Y Y A Y Y Y Y Y Y `w' BOARD Year Term 10/1/]0 - 9/30/14 Henry A. Boyd Mary Kay Horoszewski ADDED: HISTORIC PRESERVATION Appointed 3Year 10-0 Y Y Y A Y Y Y Y Y Y Y COMMISSION Term 8/1/10 - 12/31/13 Edna Hendricks N/0 ADJOURNMENT 6:15 P.M.. PUBLIC COMMENT 4 Speakers 6:18 - 6:28 P.M.