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HomeMy WebLinkAboutSEPTEMBER 28, 2010CITY COUNCIL MAYOR WILLIAM D. SESSOMS, JR., At -Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 RITA SWEET BELLITTO, At -Large GLENN R. DA VN, Rose Hall - District 3 WILLIAM R. DeSTEPH, At -Large HARRY E. DIEZF.L, Kempsville - District 2 ROBERT M DYER, Centerville - District I BARBARA M. HENLEY, Princess Anne - District 7 JOHN E. UHRIN, Beach - District 6 ROSEMARY WILSON, At -Large JAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL APPOINTEES CITY MANAGER -JAMES K. SPORE CITY ATTORNEY -MARK D. STILES CITY ASSESSOR - JERALD BANAGAN CITY AUDITOR - LYNDON S. RF,MIAS CITY CLERK - RUTH HODGES FRASER, MMC CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA 28 SEPTEMBER 2010 I. CITY MANAGER'S BRIEFING -Conference Room - A. UNAUDITED FY 2010 FINANCIAL STATEMENT Patricia Phillips, Director — Finance CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-800.5 PHONE: (757) 385-430.3 FAX (757) 385-5669 E-MAIL. Ctycncl@vbgov.com B. VRS DEFINED BENEFITS vs. DEFINED CONTRIBUTION OPTIONS Patricia Phillips, Director — Finance C. HOMELESS ASSISTANCE UPDATE Andy Friedman, Director — Housing and Neighborhood Preservation II. CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW IV. INFORMAL SESSION -Conference Room - A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION 4:00 PM 5:30 PM V. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Caroline Jinkins Associate Pastor First Presbyterian Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS September 14, 2010 G. FORMAI:. SESSION AGENDA H. MAYOR'S PRESENTATIONS 1. RESOLUTIONS IN RECOGNITION a. Chesapeake Bay Wine Classic Foundation b. Max Bartoli and Ethan Marten — "Atlantis Down" 2. PESOLUTION TO DECLARE: September 28`h "Virginia Beach City Public Schools Day" 3. W,BSTERN BAYSIDE SUMMER CAMPS Barbara A. Brinson, Youth Opportunities Coordinator I. PUBLIC :HEARINGS 1. LEGISLATIVE AGENDA FOR 2011 GENERAL ASSEMBLY 2. PERSONAL PROPERTY TAX EXEMPTIONS a. Back Bay Restoration Foundation Ltd. b. Lynnhaven River Now C. REN Group d. Virginia Beach Police Foundation, Inc. 3. DEPARTMENT OF JUSTICE Byrne Memorial Justice Assistance Grant CONSENT AGENDA K. ORDINANCES/RESOLUTIONS 1. Ordinances to EXEMPT certain organizations from Personal Property Taxes: a. Back Bay Restoration Foundation, Ltd. b. Lynnhaven River Now C. REN Group d. Virginia Beach Police Foundation, Inc. 2. Ordinance to AMEND the Economic Development Investment Program (EDIP) Policy and Procedure and AUTHORIZE the Mayor to EXECUTE the amended Policy. 3. Ordinance to AUTHORIZE the City Manager to EXECUTE a Mutual Aid Agreement for Emergency Fire and Emergency Medical Services with Currituck County, North Carolina. 4. Resolution to DIRECT the City Auditor to conduct an audit of the Procurement Card Program. 5. Resolution to ENCOURAGE preservation of the Historic Brick Sidewalks at Cavalier Shores. 6. Ordinances to ACCEPT and APPROPRIATE: a. $314,485 from Federal revenue to the Department of Housing and Neighborhood Preservation FY 2010-11 Operating Budget to assist Homeless Veterans and other individuals b. $198,676 from the United States Department of Justice Edward Byrne Assistance Grant re: Public Safety and Criminal Processing as follows: (1) $50,000 to the Police Department and Sheriff re: fiber installation at the Law Enforcement Training Academy (2) $44,496 to the Police Department re: Digital Storage (3) $24,000 to the Circuit Court Clerk's Office re: Part-time Office Assistant (4) $44,000 to the Sheriff re: Courthouse Security Improvement (5) $18,720 to the Juvenile and Domestic Relations Court re: Records Expungement (6) $15,050 to Community Corrections and Pretrial re: Batterer's Intervention (7) $2,410 to Community Corrections and Pretrial re: Intoxilyzer C. $1,000 from the National Library Service (NLS) and $1,085 in donations to the Library Gift Fund re purchase of cartridges that enhance the use of NLS talking books and playback machines L. 7. Ordinance to TRANSFER $26,512 from the General Fund Reserve for Contingencies to the FY 2010-11 Operating Budget of the Clerk of the Circuit Court and APPROVE :reinstatement of a full-time City position in the Clerk's Office PLANNING 1. Application of S. DAWSON and SUSAN P. STERLING for a Nonconforming_ Use to allow for an expansion of their existing dwelling at 801 Baltic Avenue. 13EACH — DISTRICT 6 RECOMMENDATION DEFERRAL 2. Application of BEN JOHNSON for Modification of Condition No. 1 at 612 Nevan Road to expand the tattoo parlor into Suite 104. L YNNHAVEN — DISTRICT 5 RECOMMENDATION APPROVAL 3. Application of CAVALIER GOLF & YACHT CLUB c/o JOHN MILLESON, SR. for a Conditional Use Permit re an outdoor recreational facility at 1052 Cardinal Road. LYNNHAVEN - DISTRICT 5 RECOMMENDATION APPROVAL 4. Application of GAIL HARTS PERFORMING ARTS GROUP, INC./TIBBITT PROPERTIES ACREDALE, L.L.C. for a Conditional Use Permit re an indoor recreation facility at 5224 Indian River Road, Suite 113-116. I:EMPSVILLE - DISTRICT 2 RECOMMENDATION APPROVAL Application of OCEAN RENTAL PROPERTIES, LLC for a Modification of Conditional Change of Zoning (previously approved by City Council on September 12, 2000) at 3202 Holly Road to modify all previously approved Proffers to allow access from Holly Road in lieu of the approved access through the Huntwick Condominium development. BEACH - DISTRICT 6 RECOMMENDATION APPROVAL 6. Application of GEO I, L.L.C. c/o JOHN GEORGHIOU for a Change of Zoning District Classification from R-10 Residential to Conditional R-51) (WF) Residential at 4.480 and 4488 Indian River Road to allow residential development with workforce housing. CENTERVILLE — DISTRICT 1 RECOMMENDATION INDEFINITE DEFERRAL 7. Application of LITTLE THEATRE OF VIRGINIA BEACH at 550 Barberton Drive to allow five (5) roadside guide signs in the public right-of-way along Birdneck and Laskin Roads in accordance with Section 211.1 of the City Zoning Ordinance (CZO). BEACH — DISTRICT 6 RECOMMENDATION M. APPOINTMENTS ENERGY ADVISORY COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORICAL REVIEW BOARD HUMAN RIGHTS COMMISSION VIRGINIA BEACH TOMORROW COMMISSION N. UNFINISHED BUSINESS O. NEW BUSINESS APPROVE THREE (3) ROADSIDE GUIDE SIGNS If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 CITY COUNCIL RETREAT 8:30 AM — 5:00 PM FRIDAY and SATURDAY January 21-22, 2011 CONFERENCE ROOM Suite 1000 222 Central Park Avenue TOWN CENTER CITY COUNCIL WORKSHOP CANCELLED NOVEMBER 2, 2010 GENERAL AND LOCAL ELECTIONS CITY COUNCIL / SCHOOL BOARD "FIVE YEAR FORECAST" Building No. 19 TUESDAY, NOVEMBER 16, 2010 Agenda 09/28/10gw www.vb-,ov.com I. CITY MANAGER'S BRIEFING -Conference Room- 4:00 PM A. UNAUDITED FY 2010 FINANCIAL STATEMENT Patricia Phillips, Director — Finance B. VRS DEFINED BENEFITS vs. DEFINED CONTRIBUTION OPTIONS Patricia Phillips, Director — Finance C. HOMELESS ASSISTANCE UPDATE Andy Friedman, Director — Housing and Neighborhood Preservation II. CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW IV. INFORMAL SESSION -Conference Room - 5:30 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION 11 V. FORMAL SESSION - City Council Chamber - 6:00 PM 11 A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Caroline Jinkins Associate Pastor First Presbyterian Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS September 14, 2010 G. FORMAL SESSION AGENDA v s : J Cp OUi N�t��M� arsolittl4biatt 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 PRESENTATIONS 1. RESOLUTIONS IN RECOGNITION a. Chesapeake Bay Wine Classic Foundation b. Max Bartoli and Ethan Marten — "Atlantis Down" 2. RESOLUTION TO DECLARE: September 28`h "Virginia Beach City Public Schools Day" 3. WESTERN BAYSIDE SUMMER CAMPS Barbara A. Brinson, Youth Opportunities Coordinator UNIE4aAS. the Chesapeake Bay'Wine Classic Foundation was founded in 1991; WWjMaflS. the TFoundation is now a 501(c)(3) non-profit organization celebrating its Twentieth year of service to the City of Virginia Beach, as weffas adYfampton meads communities, with a primaryfocus of helping to educate our youth; uMEWS: the activities of the Chesapeake Bay'Wine Classic have 6rought Virginia Beach nationalattention through its fundraising events, including the "GrandAuction" and "Vintnerof the 'Year Dinner"; 'GVXrERXAS. Vintners and wine enthusiasts from all over the VnitedStates have come to Virginia Beach and provided a forum for local restaurants to feature their culinary skills. The Foundation's "CrandTasting" held at the Virginia Beach Convention Center, educates the general pu6Ctc through wine andfoodseminars andprovides a forum for localwine distri6utors to showcase theirspecialties; and, UNIT %EAS. The Foundation afro sponsors a fishing tournament, "'Wine, 'Women and Fishing" to support efforts for a cure of breast cancer. NW,, M4MTM BE ITWOLVEtD, that the Virginia Beach City Council here6y recognizes the Chesapeake Bay'Wine Classic Foundation on its 2016Anniversary and its mem6ers for their steadfast dedwation in raising more than $3-911itTwn forvarious charita6le funds as weffas their tireless efforts andpersonalsacrifwes to serve theirfeffow citizens, educate their children andprovide funding for medicalresearch. Given under our hands and seals this 1414 day of Septem6er, 2010. 2-.--F,,- 5.w-4 CounciCLady 2jjta Sweet BeMtto Councdi iam X BiT DeSteph eo"un, man 9Rq6ert"Bob" (Dyer Vice Wayor Louis 90ones uncdLady �Rqs aryWdson A G enn R. Davis ,john E. Vhnn games L.Wood Mayor `Wi7Cam D. WO Sessoms IOM": Two:Ken. One 4hsion. One cPassion. 9KaZBarto& and Ethan 9Karten first met in 2006 at the New Torklnternational Film Festival where both entered short films in the competition. They got to know each other because their respective films were scheduled back-to-backin the same theater, ` 0MMAS: In the eruct, they each achieved indn4dualsuccess and their films each won in their respective categories. Thus a fasting friendship was formed and eventuaffy, the became partners. `Mite they met by accident, their decision to film in Virginia was, by no means, an accident. New 2'orktranspfant andWompton Rgads resident, Ethan warten, and Italian WaxBartofi put together the motion picture, ATl L,1L7 W cD0%W,, in Virginia Beach and oortsmouth. Although this project couff have taken place anywhere - - Italy, Spain, LosAngefes [where it was oronaffy planned to be filmed], Ethan Marten 6efiewdVirginia, particufarfyMampton Wgads, hadeverything they neededto produce the film so he persuaded9Ka, Bartofi to visit Virginia Beach. They foundtheperfect location at 'First Landing which offereda variety of fools, incfudurg woods: Mere they could produce the film forfar fess expense with the same quafity of production. Some said this was impossible. They actually completed the filming in just thirteen days, a day short of the anticipated schedule,• `WM4U .* Just as the movie cou[dhave 6een fihaedanywhere, the'Worffftemiere coufdhave takfn place anywhere..9lowever the Ooducers chose the Commodore TTreatre for the screening and `Worff fPremiere, which is to be heft October First andis already `soldout'. The cast, crew, director andproducerwifi'6e at each of the su6sequent screenings at 7.00 QP9K October 2-7, 2010,• `GifNIAM . Atlantis Down' takes place in the year 2025 when the space shuttfe program has been privatized and Atfantis has been relegatedto nothing more than a glorifiedtaxi between space stations. Its crew is on a routine mission, thinkjng they are conducting eixriments when they encounter bursts of fight shutting down its instrumentation and [eaving it adrift in space with the gZgokwAstronaut in command Most of the crew it transported to another planet while others find themselves in the middle of a 6arren, desert wasteland Tien the 4ZgokieAstronaut realizes he has been chosen to compete in a sort ofgalactic chess game with a superior intefiigence where losing means death• ars{ `WtMW. Commodore IffmatreOwner, TredSchoenfelf, Director and(Producers9Hax(Bartof and Ethan Warten, are proud to present ATL)L% 1S OO'WrJV' in the luxuriously restored 1945 Art rDeco-style, state-of-the-art Commodore Theatre in Ofde Towne, Tartsmouth, with its forty-one foot screen andgW andOOLBTOIGITU sound NW, 27ftE MMM BE ITWOLI&D: That the Virginia Beach City Councilpauses in its defi6erations to recognize Wax Bartofi and Ethan Marten for theirforesight, appreciation of the amenities in Virginia Beach whereAmerka's history actuaffy began at Cape Menry Aprif 26, 1607, andachirmment of this'WoddPremiere movie. Given under our hands andseafs this Twenty-eighth day of September Two Thousand andTen, Councif Lady Vta Sweet Bel6tto Councilman `Wi wm 2j, 'Bifl' cDeSteph Councilman 2�gbert 9,1. 'Bob' (Dyer Vice 91fayorLouis R. Jones CouncdLady !Rgsemary'Wdson Councilman Gfenn R Davis CouncilmanWarry Diezef Council Lady Barbara Menfey Councilman John E. Vhrin Councilman James L. 'Wood 9K4yor'WITWM,D. -VAX Sessoms RECOGNITION OF THE HIGH HONOR OF VIRGINIA BEACH SCHOOLS BEING NAMED 5TH BEST LARGE CITY PUBLIC SCHOOL DIVISION IN THE NATION WHEREAS, the Virginia Beach City Council acknowledges the high honor the public school division has incurred in being ranked the fifth best large city public school division in the nation; and WHEREAS, this prestigious award resulted from a study conducted by GreatSchools, a national non- profit group which focuses on public and private education; and WHEREAS, GreatSchools analyzed 17,377 cities to identify the best public school districts by population and median home price; and WHEREAS, Ratings were based on a number of factors such as performance on state standards and the most recent data from the National Assessment of Educational Progress (NAEP); and WHEREAS, VBCPS was cited for the high performance of its students, namely its rising scores on the SAT, Advanced Placement tests above the national average, state awards for excellence for most of its schools, the high percentage (84 percent) of students planning to pursue higher education, its listing of many of its 11 high schools in Newsweek's annual report of the best U.S. high schools, and its posting a graduation rate of nearly 83 percent, which is above the state average; and WHEREAS, GreatSchools characterizes VBCPS as "Clearly a district on the move!" and now therefore be it RESOLVED: That the City Council approve a recommendation to make Tuesday, September 28, 2010, Virginia Beach City Public Schools Day; and, be it further RESOLVED: That a copy of this resolution be spread across the official minutes of this Council. Presented September 28, 2010 William D. Sessoms, Mayor Louis R. Jones, Vice Mayor Attest: Ruth Hodges Fraser, MMC, City Clerk I. PUBLIC HEARINGS 1. LEGISLATIVE AGENDA FOR 2011 GENERAL ASSEMBLY 2. PERSONAL PROPERTY TAX EXEMPTIONS a. Back Bay Restoration Foundation Ltd. b. Lynnhaven River Now C. REN Group d. Virginia Beach Police Foundation, Inc. 3. DEPARTMENT OF JUSTICE Byrne Memorial Justice Assistance Grant NOTICE OF PUBLIC HEARING Proposed Exemptions from Real and Personal Property Taxation By Designation On Tuesday, September 28, 2010 at 6:00 p.m. in the Council Chamber on the second floor of the City Hall building, Municipal Center, Virginia Beach, Virginia, the City Council of the City of Virginia Beach will hold a Public Hearing on ordinances to exempt the following entities from local real and/or personal property taxes: 1. Back Bay Restoration Foundation Ltd. Tangible Personal Property Assessment: $6,839.00 Tangible Personal Property Taxes Due: $101.22 Real Estate Property Assessment: $0.00 Real Estate Property Taxes Due: $0.00 2. Lynnhaven River Now Tangible Personal Property Assessment: $4,108.50 Tangible Personal Property Taxes Due: $79.98 Real Estate Property Assessment: $0.00 Real Estate Property Taxes Due: $0.00 3. REN Group Tangible Personal Property Assessment: $3,506.00 Tangible Personal Property Taxes Due: $100.18 Real Estate Property Assessment: $0.00 Real Estate Property Taxes Due: $0.00 4. Vllgnia Beach Police Foundation, Inc. Tangible Personal Property Assessment: $0.00 Tangible Personal Property Taxes Due: $0.00 Real Estate Property Assessment: $0.00 Real Estate Property Taxes Due: $0.00 Copies of the proposed ordinances are on file in the office of the City Clerk. All interested persons are welcome to appear at the Hearing and present their views on the proposed exemptions. Individuals desiring to provide written comments may do so by contacting the City Clerk's office at 385- 4303. If you are physically disabled or visually impaired and need assistance at this meeting, please call 385-4303; hearing impaired, call Virginia Relay at 1-800-828-1120. Ruth Hodges Fraser, MMC City Clerk BEACON September 19, 2010 21741971 NOTICE OF PUBLIC HEARING Public Hearing re: Department of Justice Byrne Memorial Justice Assistance Grant: Allocation of $198,676 for various law enforcement / criminal processing projects On Tuesday, September 28, 2010, at 6:00 p.m. in the City Council Chambers, second floor, City Hall Building, Municipal Center, Virginia Beach, Virginia, the Virginia Beach City Council will hold a Public Hearing on the proposed allocation of the Byrne Memorial Justice °Assistance Grant. It is proposed that the $198,676 be allocated for the following purposes: Project Description Depts. Amount • Fiber Installation at Law Police & $50,000 Enforcement Training Sheriff Academy • Digital Storage Project Police $44,496 • Records Expungement Juvenile & Program Domestic Relations Court $18,720 • Courthouse Security Sheriff $44,000 Improvement Project • Batterer's Intervention Community $15,050 Program Corrections & Pretrial • Intoxilyzer Program Community $2,410 Corrections & Pretrial • Part-time Office Circuit Court $24,000 Assistant Clerk's Office TOTAL $198.676 The Edward Byrne Memorial Justice Program allows local governments to support a broad range of activities. to prevent and control crime and to improve the criminal justice system. Individuals desiring to provide written comments may do so by contacting the City Clerk's office at 385-4303. If you are physically disabled or visually impaired and need assistance at this meeting, please call 385-4303. Hearing impaired, call Virginia Relay at 1-800- 828-1120. Ruth Hodges Fraser, MMC City Clerk K. ORDINANCES/RESOLUTIONS Ordinances to EXEMPT certain organizations from Personal Property Taxes: a. Back Bay Restoration Foundation, Ltd. b. Lynnhaven River Now C. REN Group d. Virginia Beach Police Foundation, Inc. 2. Ordinance to AMEND the Economic Development Investment Program (EDIP) Policy and Procedure and AUTHORIZE the Mayor to EXECUTE the amended Policy. Ordinance to AUTHORIZE the City Manager to EXECUTE a Mutual Aid Agreement for Emergency Fire and Emergency Medical Services with Currituck County, North Carolina. 4. Resolution to DIRECT the City Auditor to conduct an audit of the Procurement Card Program. Resolution to ENCOURAGE preservation of the Historic Brick Sidewalks at Cavalier Shores. 6. Ordinances to ACCEPT and APPROPRIATE: a. $314,485 from Federal revenue to the Department of Housing and Neighborhood Preservation FY 2010-11 Operating Budget to assist Homeless Veterans and other individuals b. $198,676 from the United States Department of Justice Edward Byrne Assistance Grant re: Public Safety and Criminal Processing as follows: (1) $50,000 to the Police Department and Sheriff re: fiber installation at the Law Enforcement Training Academy (2) $44,496 to the Police Department re: Digital Storage (3) $24,000 to the Circuit Court Clerk's Office re: Part-time Office Assistant (4) $44,000 to the Sheriff re: Courthouse Security Improvement (5) $18,720 to the Juvenile and Domestic Relations Court re: Records Expungement (6) $15,050 to Community Corrections and Pretrial re: Batterer's Intervention (7) $2,410 to Community Corrections and Pretrial re: Intoxilyzer $1,000 from the National Library Service (NLS) and $1,085 in donations to the Library Gift Fund repurchase of cartridges that enhance the use of NLS talking books and playback machines 7. Ordinance to TRANSFER $26,512 from the General Fund Reserve for Contingencies to the FY 2010-11 Operating Budget of the Clerk of the Circuit Court and APPROVE reinstatement of a full-time City position in the Clerk's Office u� (sO4� V L O °j our x o°�r CITY OF VIRGINIA BEACH AGENDA ITEM , ITEM: Ordinances Designating Organizations as Being Exempt from Local Real and Personal Property Taxation MEETING DATE: ■ Background: Article X, Section 6 (a)(6) of the Virginia Constitution provides that property used by its owner for religious, charitable, patriotic, historical, benevolent, cultural, or public park and playground purposes may be exempted from taxation by classification or designation by an ordinance adopted by the local governing body. Prior to January 1, 2003, such exemptions could only be granted by the General Assembly. Section 58.1-3651 of the Virginia Code sets forth the process for designating specific organizations as being exempt from local taxation, and a list of factors for the local governing body to consider is set forth. They are: 1. Whether the organization is exempt from taxation pursuant to § 501 (c) of the Internal Revenue Code of 1954; 2. Whether a current annual alcoholic beverage license for serving alcoholic beverages has been issued by the Virginia Alcoholic Beverage Control Board to such organization, for use on such property; 3. Whether any director, officer, or employee of the organization is paid compensation in excess of a reasonable allowance for salaries or other compensation for personal services which such director, officer, or employee actually renders; 4. Whether any part of the net earnings of such organization inures to the benefit of any individual, and whether any significant portion of the service provided by such organization is generated by funds received from donations, contributions, or local, state or federal grants; 5. Whether the organization provides services for the common good of the public; 6. Whether a substantial part of the activities of the organization involves carrying on propaganda, or otherwise attempting to influence legislation and whether the organization participates in, or intervenes in, any political campaign on behalf of any candidate for public office; 7. The revenue impact to the locality and its taxpayers of exempting the property; and 8. Any other criteria, facts and circumstances that the governing body deems pertinent to the adoption of such ordinance. The City Council adopted a revised policy- regarding applications for Tax Exemption by Designation on May 6, 2008 (attached). ■ Considerations: The Commissioner of Revenue has received four applications in this reporting period. The Commissioner has reviewed each application. The Commissioner finds the following applicants qualify for exemption from personal property taxes: • REN Group • Lynnhaven River Now • Virginia Beach Police Foundation, Inc. • Back Bay Restoration Foundation, Ltd. ■ Public Information: A public hearing for these items will be held on September 28, 2010 at the Council Formal Session. An advertisement for the public hearing appeared in the Beacon more than five days prior to that hearing as required by statute. Also, these items will be advertised in the normal Council Agenda Process. ■ Attachments: Four Ordinances, City Council Policy Regarding Applications for Tax Exemption by Designation, Commissioner of Revenue Letter, Commissioner of Revenue Summary for Each Application Recommended Action: Approval of Ordinances for: REN Group; Lynnhaven River Now; Virginia Beach Police Foundation, Inc.; Back Bay Restoration Foundation, Ltd. Submitting DepartmentlAgejncy: Commissioner of the Revenue City Manager: 1 AN ORDINANCE TO DESIGNATE BACK BAY 2 RESTORATION FOUNDATION, LTD. AS BEING 3 EXEMPT FROM LOCAL PERSONAL PROPERTY 4 TAXATION 5 6 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of 7 the City of Virginia Beach has advertised and conducted a public hearing on the issue of 8 granting an exemption from local personal property taxes to Back Bay Restoration 9 Foundation, Ltd. 10 11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA BEACH, VIRGINIA: 13 14 1. That the Council of the City of Virginia Beach, Virginia, hereby designates Back 15 Bay Restoration Foundation, Ltd. as a charitable organization within the context of § 6(a)(6) 16 of Article X of the Constitution of Virginia. 17 18 2. That personal property owned by Back Bay Restoration Foundation, Ltd. located 19 within the City of Virginia Beach that is used exclusively for charitable purposes on a 20 nonprofit basis is hereby exempt from local property taxation. 21 22 3. This exemption is contingent on the following: 23 24 (a) continued use of the property owned by Back Bay Restoration Foundation, 25 Ltd. for exclusively charitable purposes; 26 27 (b) that each July 1, Back Bay Restoration Foundation, Ltd. shall file with the 28 Commissioner of the Revenue a copy of its most recent federal income tax 29 return, or, if no such return is required, it shall certify its continuing tax 30 exempt status to the Commissioner of the Revenue; 31 32 (c) that every three years, beginning on July 1, 2013, Back Bay Restoration 33 Foundation, Ltd. shall file an exemption application with the Commissioner of 34 the Revenue as a requirement for retention of the exempt status of the 35 property; and 36 37 (d) that Back Bay Restoration Foundation, Ltd. cooperate fully with the 38 Commissioner of the Revenue with respect to audit of its financial records, 39 compliance with the terms of this ordinance. 40 41 4. That the effective date of this exemption shall be January 1, 2011. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2010. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED A,3 TO CONTENT: A.t Jk� Conimissionef kfAe Revenue CA11592 R-1 August 18, 2010 APPROVED AS TO LEGAL SUFFICIENCY: ENTITY NAME Back Bay Restoration Foundation LTD 3022 New Bridge Rd Virginia Beach, VA 23456 Website http://www.bbrf org/ SUMMARY OF NONPROFIT BUSINESS ACTIVITY The Back Bay Restoration Foundation, Ltd. ("BBRF") is a nonprofit organization founded in 1984 to address the deteriorating water quality of Back Bay. BBRF's Mission: 1. Preserving, protecting and promoting sustainability of Back Bay and its watershed through conservation efforts and by encouraging stewardship through education, research and communication. 2. Preservation, enhancement and improvement of the water quality and wetlands located in the Back Bay and North Landing has become BBRF's expanded focus. 3. BBRF is dedicated to helping the residents indentify the various problems, learn about solutions and work with each other and governmental and private agencies to improve the way we treat the land and waterways. 4. BBRF offers a tram service, providing transportation from Little Island City Park through Back Bay National Wildlife Refuge to False Cape State Park. The BBRF volunteer guided tram ride program has been an enormous success, bringing regional attention to BBRF efforts and thousands of interested people to the Refuge and State Park. TAX IMPACT — Business Property: Assessment: $6,839.00 Tax: $101.22 Personal Property Assessment: None Tax Real Property Assessment: None Tax: RELEVANT INFORMATION IRS Granted 501 (c) 3 status —May 13, 1986 1 AN ORDINANCE TO DESIGNATE LYNNHAVEN 2 RIVER NOW AS BEING EXEMPT FROM LOCAL 3 PERSONAL PROPERTY TAXATION 4 5 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of 6 the City of Virginia Beach has advertised and conducted a public hearing on the issue of 7 granting an exemption from local personal property taxes to Lynnhaven River Now. 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA: 11 12 1. That the Council of the City of Virginia Beach, Virginia, hereby designates 13 Lynnhaven River Now as a charitable organization within the context of § 6(a)(6) of Article 14 X of the Constitution of Virginia. 15 16 2. That personal property owned by Lynnhaven River Now located within the City of 17 Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis is 18 hereby exempt from local property taxation. 19 20 3. This exemption is contingent on the following: 21 22 (a) continued use of the property owned by Lynnhaven River Now for exclusively 23 charitable purposes; 24 25 (b) that each July 1, Lynnhaven River Now shall file with the Commissioner of 26 the Revenue a copy of its most recent federal income tax return, or, if no 27 such return is required, it shall certify its continuing tax exempt status to the 28 Commissioner of the Revenue; 29 30 (c) that every three years, beginning on July 1, 2013, Lynnhaven River Now 31 shall file an exemption application with the Commissioner of the Revenue as 32 a requirement for retention of the exempt status of the property; and 33 34 (d) that Lynnhaven River Now cooperate fully with the Commissioner of the 35 Revenue with respect to audit of its financial records, compliance with the 36 terms of this ordinance. 37 38 4. That the effective date of this exemption shall be January 1, 2011. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 2010. Require:, an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: Co ission f t e Revenue CA11590 R-1 August 18, 2010 APPROVED AS TO LEGAL SUFFICIENCY: V 1ty. ney's Office ENTITY NAME, Lynnhaven River Now 1608 Pleasure Hcuse Rd Ste 108 Virginia Beach, NIA 23455 Website http:Hwww.lynr. havenrivernow. org/ SUMMARY OF' NONPROFIT BUSINESS ACTIVITY Lynnhaven River Now is a committed group of local citizens who came together to foster partnerships that would apply ,public and private resources to the challenge of reducing pollution in the Lynnhaven River. They want a clears and healthy Lynnhaven River. Their objectives are: 1. Identify and reduce sources of contamination in the river; reduce nutrient, sediment and chemical run off of our lawns, parking lots, roadways and septic systems; 2. Educate and engage the community and partner organizations in restoring and protecting the Lynnhaven River; and 3. Restore lost habitats such as oyster reefs, salt marshes, and other buffers that help to filter polluted runoff and protect the river and its marine life. TAX IMPACT — Business Property: Assessment: $3245.00 Tax: $48.03 Personal Property Assessment: 863.50 Tax 31.95 Real Property Assessment: None Tax: RELEVANT INFORMATION IRS Granted 501 (c) 3 status —March 29, 2007 1 AN ORDINANCE TO DESIGNATE REN GROUP AS 2 BEING EXEMPT FROM LOCAL PERSONAL 3 PROPERTY TAXATION 4 5 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of 6 the City of Virginia Beach has advertised and conducted a public hearing on the issue of 7 granting an exemption from local personal property taxes to REN Group. 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA: 11 12 1. That the Council of the City of Virginia Beach, Virginia, hereby designates REN 13 Group as a charitable organization within the context of § 6(a)(6) of Article X of the 14 Constitution of Virginia. 15 16 2. That personal property owned by REN Group located within the City of Virginia 17 Beach that is used exclusively for charitable purposes on a nonprofit basis is hereby 18 exempt from local property taxation. 19 20 3. This exemption is contingent on the following: 21 22 (a) continued use of the property owned by REN Group for exclusively charitable 23 purposes; 24 25 (b) that each July 1, REN Group shall file with the Commissioner of the 26 Revenue a copy of its most recent federal income tax return, or, if no such 27 return is required, it shall certify its continuing tax exempt status to the 28 Commissioner of the Revenue; 29 30 (c) that every three years, beginning on July 1, 2013, REN Group shall file an 31 exemption application with the Commissioner of the Revenue as a 32 requirement for retention of the exempt status of the property; and 33 34 (d) that REN Group cooperate fully with the Commissioner of the Revenue with 35 respect to audit of its financial records, compliance with the terms of this 36 ordinance. 37 38 4. That the effective date of this exemption shall be January 1, 2011. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of .2010. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: Commission6rkaf the Revenue CA11589 R-1 August 18, 2010 APPROVED AS TO LEGAL SUFFICIENCY: ENTITY NAME REN Group Inc. 1328 Myrica Place (Office use only) Virginia Beach, VA 23462 Website: None SUMMARY OF NONPROFIT BUSINESS ACTIVITY REN Group is a registered nonprofit (501-c [3]) whose purpose is to mobilize volunteers and resources to peoples living on the Tibetan plateau for sustainable economic development and disaster relief. They conduct leadership training through religion and economic development projects throughout Asia with a goal to empower Tibetan families to transform their communities into vibrant, caring, communities, healthy in every way. The REN Group is currently managing relief and development projects in the Sichuan and Qinghai earthquake zones of China and a series of children's emotional relief camps this summer. In past few years the REN Group with the help of other non-government organizations, focused its efforts to provide relief to earthquake -hit communities. While the Chinese government and army did their part in the major areas of population, the REN Group focused on more remote and mountainous areas with lower population density and where the elderly and lower income families were in need. TAX IMPACT Business Property: Assessment: $1,331.00 Tax: $19.70 Personal Property Assessment: $2,175.00 Tax $80.48 Real Property None — above address is a private resident, not owned by the nonprofit. RELEVANT INFORMATION IRS Granted 501 (c) 3 status — May 25, 2007 1 AN ORDINANCE TO DESIGNATE VIRGINIA BEACH 2 POLICE FOUNDATION, INC. AS BEING EXEMPT 3 FROM LOCAL PERSONAL PROPERTY TAXATION 4 5 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of 6 the City of Virginia Beach has advertised and conducted a public hearing on the issue of 7 granting an Exemption from local personal property taxes to Virginia Beach Police 8 Foundation, Inc. 9 10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 11 VIRGINIA BEACH, VIRGINIA: 12 13 1. That the Council of the City of Virginia Beach, Virginia, hereby designates 14 Virginia Beach Police Foundation, Inc. as a charitable organization within the context of § 15 6(a)(6) of Article X of the Constitution of Virginia. 16 17 2. That personal property owned by Virginia Beach Police Foundation, Inc. located 18 within the City of Virginia Beach that is used exclusively for charitable purposes on a 19 nonprofit basis is hereby exempt from local property taxation. 20 21 3. This exemption is contingent on the following: 22 23 (a) continued use of the property owned by Virginia Beach Police Foundation, 24 Ift. for exclusively charitable purposes; 25 26 (b) that each July 1, Virginia Beach Police Foundation, Inc. shall file with the 27 Commissioner of the Revenue a copy of its most recent federal income tax 28 return, or, if no such return is required, it shall certify its continuing tax 29 exempt status to the Commissioner of the Revenue; 30 31 (c) that every three years, beginning on July 1, 2013, Virginia Beach Police 32 Foundation, Inc. shall file an exemption application with the Commissioner of 33 the Revenue as a requirement for retention of the exempt status of the 34 property; and 35 36 (d) that Virginia Beach Police Foundation, Inc. cooperate fully with the 37 Commissioner of the Revenue with respect to audit of its financial records, 38 compliance with the terms of this ordinance. 39 40 4. That the effective date of this exemption shall be January 1, 2011. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 2010. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: Cominissionef One Revenue CA11591 R-1 August 18, 2010 APPROVED AS TO LEGAL SUFFICIENCY: ENTITY NAME Virginia Beach Police Foundation 2900 Einstein Dr ;office use only) Virginia Beach, VA 23456 Website http://www.vbpolicefoundation. org/ SUMMARY OF' NONPROFIT BUSINESS ACTIVITY The Virginia Beach Police Foundation is a charitable, non-profit, private organization distinct and separate from the Virginia Beach Police Department and the City of Virginia Beach. Its mission is: • Provide financial assistance for the design, creation and installation of an appropriate monument memorializing law enforcement officers who have died in the line of duty serving the City of Virginia Beach; • Provide financial support and other appropriate assistance to families of sworn law enforcement officers of the City of Virginia Beach who were killed or seriously injured in the line of duty. • Encourage citizens and businesses to contribute to the Foundation in support of the morale and welfare of the Virginia Beach Police Department; • Provide programs and equipment to the Virginia Beach Police Department to support and improve the capabilities, performance and efficiency of the Department; • Encourage public support for and an understanding of the Virginia Beach Police Department and its members. TAXIMPACT There is no tax impact at this time. The volunteers within the organization use their own phone and homes to solicit donations. The organization is registered with the Virginia Department of Agriculture and Consumer Services to solicit donations. Business Property: Assessment None Tax: Personal Property Assessment: None Tax Real Property Assessment: None Tax: RELEVANT INFORMATION IRS Granted 501 (c) 3 status — April 23, 2009 Philip J. Kellam Commissioner September 14, 2010 Commissioner of the Revenue City Hall Virginia Beach, VA 23456-9002 The Honorable William D. Sessoms, Jr., Mayor Members of City Council Subject: Initial Report on Applicants for Exemption from Property Taxes Dear Mayor and Council Members: VBgov.com/cor Effective January 1, 2003 the General Assembly transferred its sole authority to grant exemptions by designation from personal and real property taxes. The City Council accepted this authority and ordained a policy utilizing the Community Organization Grant Committee (COG) to administer the review of applicants for tax exemption--. On May 6, 2008 the City Council revised and re -ordained the process providing for the Commissioner of the Revenue to review and report to City Council on such applications3. The Commissioner's Office has received 4 applications in this reporting period. The following applicants qualify for exemption from personal property taxes: REN Group Inc Lynnhaven River Now Virginia Beach Police Foundation Back Bay Restoration Foundation LTD I am available if you have questions or concerns regarding the recommendations. Since ly, PhiFo Kella Commissioner of teevenue Enclosures ' Code of Virginia 58.1-3651 z ORD -2798I ' ORD -3009K �NU'eE:tL, Ot Council Policyy Orial�nal Prof%posul 1.0 Purpose and Need Purpose: To establish criteria for approval of resolutions by City Council to exempt, by designation, local nonprofit organizations from real and personal property taxes. Need: City Council has requested guidance as to criteria for considering exemptions as well as a procedure for reviewing requests for exemption from local property taxes. The Commissioner of the Revenue has offered revisions to Council's policy adopted on February 2, 2004 in an effort to streamline the exemption review process for local nonprofit organizations and provide necessary analysis and oversight of the application process. Legislative Background: The Virginia Constitution provides that, after January 1, 2003, local governments may, by designation, exempt the real and personal property of nonprofit organizations from local property taxes if used exclusively for religious, charitable, patriotic, historical, benevolent, cultural, or public park and playground purposes. However, as provided in Virginia Code § 58.1-3651, the local governing body must adopt an ordinance to exempt the 2.0 Po i The City Council is not required to designate any organization properly applying for exemption from taxation, and every designation of an organization is conditioned upon compliance with the terms of this policy and any ordinance granting the exemption. If an organization does not comply with these requirements, the City Council may revoke the tax exemption after providing notice and a hearing to the organization. Any revocation of an exemption shall be effective at the beginning of the tax year during which the revocation occurs. The applicant or a representative of the applicant shall provide the Commissioner of the Revenue detailed information necessary to determine the benefits to the public that will result from granting tax exemption. In considering applications, the Commissioner of the Revenue shall employ the following guidelines: Title: City Council Policy Regarding Applications for Tax Exemption by Designation Date of Adoption: February 3, 2004 7Dates of Revisions: May 6, 2008 Page 1 of 4 1.0 Purpose and Need Purpose: To establish criteria for approval of resolutions by City Council to exempt, by designation, local nonprofit organizations from real and personal property taxes. Need: City Council has requested guidance as to criteria for considering exemptions as well as a procedure for reviewing requests for exemption from local property taxes. The Commissioner of the Revenue has offered revisions to Council's policy adopted on February 2, 2004 in an effort to streamline the exemption review process for local nonprofit organizations and provide necessary analysis and oversight of the application process. Legislative Background: The Virginia Constitution provides that, after January 1, 2003, local governments may, by designation, exempt the real and personal property of nonprofit organizations from local property taxes if used exclusively for religious, charitable, patriotic, historical, benevolent, cultural, or public park and playground purposes. However, as provided in Virginia Code § 58.1-3651, the local governing body must adopt an ordinance to exempt the 2.0 Po i The City Council is not required to designate any organization properly applying for exemption from taxation, and every designation of an organization is conditioned upon compliance with the terms of this policy and any ordinance granting the exemption. If an organization does not comply with these requirements, the City Council may revoke the tax exemption after providing notice and a hearing to the organization. Any revocation of an exemption shall be effective at the beginning of the tax year during which the revocation occurs. The applicant or a representative of the applicant shall provide the Commissioner of the Revenue detailed information necessary to determine the benefits to the public that will result from granting tax exemption. In considering applications, the Commissioner of the Revenue shall employ the following guidelines: Title: City Council Policy Regarding Applications for Tax Exemption by Designation Date of Adoption: February 3, 2004 Dates of Revisions: May 6, 2008 Page 2 .of 4 1. The organization must be exempt from federal income tax pursuant to Internal Revenue Code § 501(c). 2. Personal or real property for which an exemption is sought cannot be used by any member of the organization or other persons except for non-profit purposes benefiting the non-profit organization applying for exemption. 3. The organization must be in compliance with all City ordinances and regulations (including but not limited to building, property maintenance, and zoning codes) and all applicable tax obligations. 4. The organization must provide a service to the residents of the City that results in a benefit to the public (tangible or intangible). The following requirements apply to each entity exempted from local property taxes by the City Council: I. Upon obtaining exemption, the organization must annually submit (by July 1 of each year) its Internal Revenue Service Form 990 or 990 EZ to the Commissioner of the Revenue. If not required to file Foran 990 or 990 EZ, then the organization must annually certify on form(s) prescribed by the Commissioner of the Revenue its continuing tax exempt status. Loss of 501(c) status must immediately be reported to the Commissioner of the Revenue and City Attorney, and is grounds for revocation of tax exempt status. 2. Pursuant to Virginia Code § 58.1-3605, each entity exempted from local property taxes shall, every three years, file an exemption application with the Commissioner of the Revenue as a requirement for retention of the exempt status of the property. The application form shall be approved as to form by the City Attorney. 3. Each entity exempted from local property taxes must cooperate fully with the Commissioner of the Revenue with respect to audit of its financial records, compliance with the terms of this policy, and compliance with any ordinance granting tax exemption. 3.0 Procedure to Accomplish Policy 1. Organizations applying for exemption must request a determination from the Commissioner of the Revenue as to whether the organization is or may be tax-exempt by classification, pursuant to Article 2 (§58.1-3606 et seq.) or°Article 3 (§58.1-3609 et seq.) of Tide 58.1 of the Virginia Code. If the organization is not exempt, but meets the criteria of organizations that can be exempted by designation (see Virginia Code §58.1-3651), the organization will receive an application from the Commissioner of the Revenue. The application form shall request all infonnation required by Virginia Code §58.1-3651 and be approved as to form by the City Attorney. 2. Applications for exemption shall be considered quarterly. Applications for exemption must be submitted to the Commissioner of the Revenue. Applications shall be submitted no later than October 1 of the year preceding the effective date of the exemption Based on the criteria set forth in section 2.0 of this policy, the Commissioner of the Revenue will review each application and make a report to City Council regarding whether an organization qualifies for exemption under law and City policy. The Commissioner of the Revenue will not submit applications he deems incomplete to City Council for a determination. 3. The Commissioner of the Revenue shall forward copies of the applications along with his written findings to the City Attorney. The City Attorney shall prepare the necessary ordinances for City Council and coordinate with the City Clerk to ensure that the applications are properly advertised and placed on the City Council's agenda for a public hearing and formal consideration. 4. The City Council will conduct a public hearing and consider the criteria set forth in Virginia Code §58.1-3651, section 2.0 of this policy, and the findings of the Commissioner of the Revenue. 5. Any exemptions granted shall be effective as of the next January I. 6. Exemptions, as well as any departure from these guidelines, shall require approval by three- fourths (3/4) of the members of City Council. 4.0 Responsil)ilitX and Authority_ Responsibility for initiating application for exemption and timely providing any information or application required by the Commissioner of the Revenue shall rest with the organization seeking exemption. Responsibility for making available information, application for exemption, verifying submitted tax information and reporting on the initial and continuing status of the taxpayer shall rest with the Commissioner of the Revenue. Responsibility for preparing required ordinances, arranging for the advertising of public hearings, and placing items on the City Council's agenda for a vote on proposed exemptions shall rest with the City Attorney. Responsibility for the final determination of the public benefits resulting from tax exemption shall rest exclusively with the City Council. Title: City Council Policy Regarding Applications for Tax Exemption by Designation Date of Adoption: February 3, 2004 Dates of Revisions: May 6, 2008 Page 3 of 4 an application from the Commissioner of the Revenue. The application form shall request all infonnation required by Virginia Code §58.1-3651 and be approved as to form by the City Attorney. 2. Applications for exemption shall be considered quarterly. Applications for exemption must be submitted to the Commissioner of the Revenue. Applications shall be submitted no later than October 1 of the year preceding the effective date of the exemption Based on the criteria set forth in section 2.0 of this policy, the Commissioner of the Revenue will review each application and make a report to City Council regarding whether an organization qualifies for exemption under law and City policy. The Commissioner of the Revenue will not submit applications he deems incomplete to City Council for a determination. 3. The Commissioner of the Revenue shall forward copies of the applications along with his written findings to the City Attorney. The City Attorney shall prepare the necessary ordinances for City Council and coordinate with the City Clerk to ensure that the applications are properly advertised and placed on the City Council's agenda for a public hearing and formal consideration. 4. The City Council will conduct a public hearing and consider the criteria set forth in Virginia Code §58.1-3651, section 2.0 of this policy, and the findings of the Commissioner of the Revenue. 5. Any exemptions granted shall be effective as of the next January I. 6. Exemptions, as well as any departure from these guidelines, shall require approval by three- fourths (3/4) of the members of City Council. 4.0 Responsil)ilitX and Authority_ Responsibility for initiating application for exemption and timely providing any information or application required by the Commissioner of the Revenue shall rest with the organization seeking exemption. Responsibility for making available information, application for exemption, verifying submitted tax information and reporting on the initial and continuing status of the taxpayer shall rest with the Commissioner of the Revenue. Responsibility for preparing required ordinances, arranging for the advertising of public hearings, and placing items on the City Council's agenda for a vote on proposed exemptions shall rest with the City Attorney. Responsibility for the final determination of the public benefits resulting from tax exemption shall rest exclusively with the City Council. 5.0 Definitions PUBLIC BENEFIT- Any benefit or advantage expected to be realized by the public, whether tangible or intangible, which may accompany the tax exemption. LOCAL PROPERTY TAXES- Ad valorem taxes levied by the City of Virginia Beach on real estate or tangible personal property. 6.0 SRecific Requirements In addition to the procedures and responsibilities set forth in paragraphs 3.0 and 4.0, respectively, documentation forwarded to the City Council shall include submission of an application form in form and substance substantially as presented in the attached Exhibit A, as well as any additional information that the applicant wishes to present to the City Council. Tide: City Ccuncil Policy Regarding Applications for Tax Exemption by Desigmition Date of Adoption: February 3, 2004 Dates of Revisions: May 6, 2008 Page 4 of 4 5.0 Definitions PUBLIC BENEFIT- Any benefit or advantage expected to be realized by the public, whether tangible or intangible, which may accompany the tax exemption. LOCAL PROPERTY TAXES- Ad valorem taxes levied by the City of Virginia Beach on real estate or tangible personal property. 6.0 SRecific Requirements In addition to the procedures and responsibilities set forth in paragraphs 3.0 and 4.0, respectively, documentation forwarded to the City Council shall include submission of an application form in form and substance substantially as presented in the attached Exhibit A, as well as any additional information that the applicant wishes to present to the City Council. ��Vtiv CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend the Economic Development Investment Program ("EDIP") Policy and Procedure MEETING DATE: September 28, 2010 ■ Background: The City of Virginia Beach Development Authority (the "Authority") was created pursuant to Chapter 643 of the Acts of Assembly of 1964, as amended, and supplemented by the Industrial Development and Revenue Bond Act, Chapter 49, Title 15.2 of the Code of Virginia, 1950, as amended (the "Act"). One of the primary purposes of the Act is "to promote industry and development trade by inducing manufacturing, industrial, governmental and commercial enterprises to locate or remain in the Commonwealth...." The City of Virginia Beach (the "City") established the Economic Development Investment Program ("EDIP") to FY 1993-94, and has provided appropriations to the Authority to facilitate the purpose of the Act and the goals and objectives of the Authority and the City. On January 25, 1994, the City and the Authority approved the Economic Development Investment Program Policy and Procedure (the "EDIP Policy") to ensure that the expenditure of EDIP funds is made in the public interest and is in furtherance of the purposes for which the EDIP was established. On March 21, 2006 and March 28, 2006, the Authority and City Council approved amendments to the EDIP Policy to further the City's goals to convert certain property in APZ-1 and Clear Zones area to uses that conform to the APZ-1 Ordinance (the "APZ-1 Amendments"). ■ Considerations: City staff has recommended changes to the EDIP Policy to allow for the reimbursement of additional expenses; greater flexibility in awarding incentives for job creation or retention; and the separation of the portions of the EDIP Policy dealing with the administration of the APZ-1 Amendments. City staff believes that these amendments will allow the Authority to better utilize the EDIP to attract and retain business in the City and better promote the City's goals with respect to the retention of NAS Oceana. The Authority approved such changes to the EDIP Policy, subject to City Council concurrence, on September 21, 2010. 0 Public Information: Advertisement of City Council agenda. ■ Alternatives: Approve the proposed amendments, deny the proposed amendments, or recommend additional changes to the EDIP Policy. ■ Recommendations: Approval. ■ Attachments: Ordinance Revised EDIP Policy Recommended Action: Approval Submitting Department/Agency: Economic Development/f/0— City Manager: V— .<J" 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 ORDINANCE TO AMEND THE ECONOMIC DEVELOPMENT INVESTMENT PROGRAM ("EDIP") POLICY AND PROCEDURE WHEREAS, on January 25, 1994, the City Council of the City of Virginia Beach (the "City Council") and the City of Virginia Beach Development Authority (the "Authority") approved the Economic Development Investment Program Policy and Procedure (the "EDIP Policy") to ensure that the expenditure of Economic Development Investment Program ("EDIP") funds is made in the public interest and is in furtherance of the purposes for which the EDIP was established; WHEREAS, on February 10, 2004, City Council and the Authority approved certain amendments to the EDIP Policy; WHEREAS; on March 21, 2006 and March 28, 2006, the Authority and City Council approved additional amendments to the EDIP Policy to further the City's goals to convert certain property in APZ-1 and Clear Zones area to uses that conform to the APZ-1 Ordinance (the "APZ-1 Amendments"); WHEREAS, on September 21, 2010, the Authority approved further amendments to the EDIP Policy to allow for reimbursement of additional expenses, to allow incentives for additional job creation and to clarify the APZ-1 Amendments. Such approval by the Authority is subject to City Council concurrence; and WHEREAS, Part C, Section 6 of the EDIP Policy provides that the EDIP Policy shall not be amended without the prior consent of the City Council and the Authority. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the amendments to the EDIP Policy are hereby approved in the form as attached hereto as Exhibit A; and 2. That the Mayor is hereby authorized to execute the amended EDIP Policy on behalf of the City. Adopted by the City Council of the City of Virginia Beach, Virginia, on the day of , 2010. APPROVED AS TO CONTENT: CJ Economic Development APPROVED AS TO LEGAL SUFFICIENCY - City Attorney CA11021 \\vbgov.com\DFSt Wpplicat ons\CityLawProd\cycom32\Wpdocs\D016\P008\00071334.DOC September 20, 2010 R-1 EXHIBIT A ECONOMIC DEVELOPMENT INVESTMENT PROGRAM POLICY AND PROCEDURE WHEREAS, the City of Virginia Beach Development Authority (the "Authority") was created pursuant to Chapter 643 of the Acts of Assembly of 1964, as amended (the "Act"); WHEREAS, one of the primary purposes of the Act is to enable development authorities "to promote industry and develop trade by inducing manufacturing, industrial, governmental and commercial enterprises to locate in or remain in the Commonwealth...."; WHEREAS, pursuant to § 6 of the Act, the Authority has the power, inter alia, "to sell, exchange, donate and convey any or all of its facilities or other properties whether realty or personalty whenever the Authority shall find any such action to be in furtherance of the purposes for which the Authority was organized"; WHEREAS, pursuant to §7 of the Act, "the Authority may foster and stimulate the development of industry in the area within its jurisdiction... [and] may accept, and expend for the purposes stated above, money from any public or private source...."; WHEREAS, pursuant to § 10 of the Act, the City of Virginia Beach (the "City") "is authorized and empowered to make appropriations and to provide funds for the operation of the Authority and to further its purposes"; WHEREAS, the economic development goals and objectives of the City include achieving a higher ratio of nonresidential to residential real estate assessments, investing in land and infrastructure to benefit future economic growth, and maximizing the return of economic development efforts through the development and implementation of programs and strategies that facilitate new business investment and encourage retention and expansion activities thereby improving the overall quality of life in the City; WHEREAS, other than JEB Little Creek Fort Story, NAS Oceana is the single largest employer in the City is N ^ c r,eean ,, and investments and economic development efforts aimed at retaining NAS Oceana as a master jet base are critical to the City's economic "health"; WHEREAS, the City has established the Economic Development Investment Program ("EDIP") as part of its overall effort to enhance the City's ability to accomplish these goals and objectives; WHEREAS, pursuant to the authority and empowennent set forth in' 10 of the Act, City Council has determined that it would be in the best interests of the City to provide EDIF appropriations to the Authority to enable the Authority to more effectively continue its efforts to foster and stimulate economic development by (i) inducing businesses to locate or remain in the City; and (ii) providing incentives to qualifying developers and property owners for the development or redevelopment of under improved or underdeveloped properties, or brownfields, grey fields, or abandoned or blighted properties in areas of the City which have been designated as "Strategic Growth Areas -L"'. Economic Growth Areas" or "Economic Redevelopment Areas", including infi ll development within such areas; and WHEREAS, the City and the Authority have agreed that the provision of funds in the EDIP account to the Authority for economic development purposes, and the subsequent provision of such funds by the Authority to qualifying recipients, should be subject to policies and procedures which will ensure that the expenditure of such funds is in the public interest and is in furtherance of the purposes for which the EDIP was established; NOW, THEREFORE, the City of Virginia Beach and the City of Virginia Beach Development Authority hereby adopt the following Economic Development Investment Program Policy and Procedures (the "Policy"): IPART A: POLICY AND PROCEDURE FOR THE PROVISION OF EDIP FUNDS TO QUALIFYING BUSINESSES. 1. PURPOSE AND INTENT. The animating purpose of Part A of the Economic Development Investment Program shall be to enhance the ability of the City of Virginia Beach Development Authority to foster and stimulate economic development in the City by inducing new businesses to locate in the City, and existing businesses to remain in the City or to expand their operations. INVESTMENT CRITERIA. Except as otherwise provided in paragraph 4 of this Part A, EDIP funds may be awarded pursuant to Part A of this Policy where the Director of Economic Development (the "Director") has determined, and has advised the Authority that one or more of the following criteria have been met: a. The net amount of direct tax revenues returned to the City by a business to which EDIP funds are provided will exceed the amount of EDIP funds so provided no later than thirty-six 36) months from the date on which the business commences operations at a new or renovated facility; b. For every one dollar ($1) in EDIP funds provided, the business to which such funds are provided will spend twenty-five dollars ($25) or more in new capital investment, including buildings, furnishings, and/or equipment; and/or c. Every one thousand dollars ($1,000) in EDIP funds provided will yield at least one (1) new "full-time equivalent" employment opportunity in the business to which such funds are provided. Newevef, fn busines—Iaver-age n,,, tial s lafy of $70,000 (e el diflg ..o. +I7 , fitefia shall b However, (i) up to two thousand dollars ($2,000) in EDLP funds provided will i4ej l at jea.4 ene ( shall be available for businesses who create new "full -_time equivalent" employment opportunities in the business for which such funds are provided, where such emplo orient_ opportunities pay an average of $35,001 to $50,000, excluding benefits (ii) up to three thousand dollars ($3,000) shall be available for businesses who create "full time equivalent" employment opportunities in the businesses for which such funds are provided., where such employment opportunities pay an average of $50,001 to $75,000 excluding benefits, and (iii) up to four thousand dollars 64,000) shall be available for businesses who create -full time equivalent employment opportunities in the businesses for which such funds are provided, where such employment opportunities pay an average of over $75,001. excluding benefits. For new FTE employment opportunities pang an average up to $35,000 the business must demonstrate associated workforce development training costs. For any job to qualify for an award, that position must be filled for at least one year. These criteria shall be reviewed by the Director and the Director of the Department of Management Services on a bi-annual basis. The Director shall recommend any appropriate revisions to the City Council and the Authority for further consideration and action. In addition to the foregoing criteria, it is the goal of the Authority to approve EDIP funds to businesses that pay an average annual salary of $35,000 (excluding benefits). However, the Authority reserves the right to deviate from this goal in exceptional. cases and for good cause shown. 3. APPLICATION FOR EDIP AWARD. A business who desires EDIP funds to locate, relocate or expand its business in the City of Virginia Beach may make application for that purpose through the Department of Economic Development. The applicant shall submit such information and documentation concerning its application as may be required by the Director. The Director shall review the application and information submitted and may, if the Director finds that the.application meets the requirement of this Part A, recommend to the Authority that it award EDIP funds to the business. 4. COUNCIL APPROVAL OF CERTAIN EDIP AWARDS. If the Director, acting on behalf of the Authority, determines the need to provide EDIP funds to a specific business, but the criteria set forth in paragraph 2 of this Part A have not been met, the Authority shall obtain specific approval from City Council prior to its approval of the provision of EDIP funds for such purpose. .5. AUTHORITY FINDINGS AND ACTION. Based upon the recommendation of the Director, the Authority shall either approve or disapprove the proposed provision of EDIP funds to the business. The Authority shall not be required to approve the Director's recommendation, but shall exercise its legislative discretion in determining whether, and to what extent, the application satisfies Part A of this Policy and the Authority's objective of fostering and stimulating the development of industry in the—City. Provided, however, that prior to approval, the Authority must make the following findings: a. That the animating purpose of the proposed provision of EDIP funds to the business is to serve the public purpose of fostering and stimulating economic development in the City of Virginia Beach, and that the expenditure of such funds will only incidentally enure to the benefit of private interests, if at all; b. That the proposed provision of EDIP funds to the business is in furtherance of the purposes for which the Authority was created; 0 c. That without the stimulus of the EDIP award, it is unlikely that the business would locate or remain in the City; and d. That as of the date of approval of the EDIP award, the business _ had not yet commenced construction of the proposed improvements. 6. APPROVAL OF AWARD OF EDIP FUNDS. Approval by the Authority of the provision of EDIP funds to a specific business pursuant to this Part A shall be in the form of a resolution which shall include the following information: a. The name, location, and nature of the business to which the funds will be provided; b. The amount of funds that will be provided; c. The purpose or purposes for which the funds will be provided; d. A statement that the criteria set forth in paragraph 2 of this Part A have been met; or, in the alternative, that City Council has specifically approved provision of EDIP funds for such purpose pursuant to paragraph 4 of this Part A; and e. A statement. that the findings set forth in paragraph 5 of this Part A have been made by the Authority. PART B: POLICY AND PROCEDURE FOR THE PROVISION OF EDIP FUNDS TO QUALIFYING DEVELOPERS AND PROPERTY OWNERS FOR THE DEVELOPMENT OR REDEVELOPMENT OF PROPERTIES IN STRATEGIC GROWTH AREAS, SPECIAL ECONOMIC GROWTH AREAS OR ECONOMIC REDEVELOPMENT AREAS. 1. PURPOSE AND INTENT. It is recognized that within the City there are areas that are currently brownfields, greyfields or vacant, abandoned, under improved or underdeveloped with improvements or land uses which are not economically viable of, iii n nZ , and r- leai. Zenesi et ,,,a,,.,,,ein the City' '' but, if developed, should stimulate industry and economic development within the City. Moreover, such properties and areas, if developed or redeveloped, may reasonably be 5 expected to (i) generate additional tax revenue as a result of capital investment; (ii) create additional job opportunities; (iii) influence similar redevelopment and additional investment in nearby properties;(iv) further the goals of the Comprehensive Plan and be consistent wi h the City's Economic Development Strategy and good zoning principles; (N') in the kpz 1 and Qeai- Zone areas, eneoufage the eenver-sion of pFepeFty that does not E?6nA3fffl to the Cily"s ­.endments adopted in fe-speftse to the BRAC Or -der- e December 2 , 2005 (thy P Z 1 Orli an ) s that ,a ,l, "nom r (the -.�-r-vrmrra7rci�-�cEl-cr,�rn-m�aA EF�i�E��}}�8 irsc,�-rrz-r Or--dinanC'e -iiteluding the feleeation of none ptapeibes to areas of the City e tside the APZ 1 and !`lo.,,- Zones and the 1 r t e f o f rt .t'v within tile VVCIt \11 V1 \�\1 \1111111 l/1 t� ""Z l an Clear -(v=iand v) lead to the establishment of lsafe and convenient neighborhoods and workplaces. Accordingly, it is the animating purpose of the Economic Development Investment Program under Part B of this Policy to enhance the ability of the City of Virginia Beach Development Authority to foster and stimulate economic development in the City by providing incentives for the development or redevelopment of properties described herein. 2. ECONOMIC REDEVELOPMENT AREAS, SPECIAL ECONOMIC GROWTH AREAS AND STRATEGIC GROWTH AREAS. The Directors of the Departments of Economic Development and Planning shall identify areas of the City (i) that are currently brownfields, greyfields, or vacant, abandoned, under improved or underdeveloped, of that are in the area -of the City des%fated as " DZ} -c f Clear -lanes-and (ii) which should be considered for redevelopment or special development opportunities, but may lie outside of the Strategic Growth Areas as set forth in the City's Comprehensive Plan. Such areas shall be known as "Economic Redevelopment Areas". Once identified, an Economic Redevelopment Area must be submitted to the City Council for designation as such by ordinance. To qualify for EDIP funds under Put B of this Policy, a developer or owner of property must demonstrate that the subject property is located within a Special Economic Growth Area or Strategic Growth Area which has been designated as such in the Comprehensive Plan or has been designated an Economic Redevelopment Area as defined herein by ordinance of the City Council. For purposes of this Policy, the term "brownfields" means vacant, abandoned or under improved real property large enough to support significant expansion, redevelopment or reuse, but for which such expansion, redevelopment or reuse is complicated by the presence of a substantial amount of hazardous substances, pollutants, or contamination. The term "greyfields" means underperforming, declining or vacant real estate. T _ . Z 3. QUALIFYING LAND USES. EDIP funds under Part B of this Policy may be provided for office, industrial, retail, hotel and mixed use development (including high density and multi -family residential uses). Notwithstanding the for-egoing, EDIP funds under Pai4 B of this paliey for- Eeenomie. Redevelopment '., •• for- uses eansistefit with e A n7 1 O -di n a ee and n y amendments thvfote tj 4. INVESTMENT CRITERIA. (a) j Ee nemie D (1 ela-.,,,o,it A.-oas »r.4 laeatad in AM 1 or (-'loaf Zones EDIP funds may be awarded pursuant to Part B of this Policy in such instances where the Director has determined, and has advised the Authority, that both of the following criteria have been met: i. The net amount of direct tax revenues returned to the City as a result of the development or redevelopment for which the EDIP funds are provided will exceed the amount of the EDIP funds provided no later than 48 months following the payment of the EDIP award; or where flexibility for tax abatement has been granted by the City, the amount of direct tax revenues not abated as a result of the development or redevelopment for which EDIP funds are provided will exceed the amount of the EDIP funds provided no later than 48 months following the payment of the EDIP award; and ii. For every one dollar ($1) in EDIP funds provided, the owner or developer of the development or redevelopment for which such funds are provided will spend twelve and 50/100 dollars ($12.50) or more in new capital investment, including buildings, furnishings, and/or equipment. -■ _ -Mr. .. W:TW===='- -- M M. MINE W. =0 MIMM ;- a ■ 7 The foregoing investment criteria and required return to the City shall be interpreted as being a threshold for consideration for the award of EDIP funds. No award of such funds may be made unless all other requirements of Part B of this Policy are satisfied and all findings stated in Part B of this Policy are made. The Authority shall have complete discretion as to the award of funds and the amount of funds awarded, as well as whether or not the criteria have been met. �--AVAILABILITY OF FUNDS. Waj. EDIP funds may be authorized for use pursuant to Part B of this Policy only to the extent that they have been appropriated by the City Council. Further, provided that in any given fiscal year, the Authority shall not award more than fifty percent (50°/x) of its appropriation for EDIP use for that year for development or redevelopment purposes pursuant to Part B of this Policy without authorization of the City Council. XF :. ^1 NO .. :. .:1 NQ �- Mll M_ 6. APPLICATION FOR EDIP AWARD. A qualifying developer or owner of land who desires EDIP funds for use in the development or redevelopment of property located in a Strategic Growth Area. Special Economic Growth Area or an Economic Redevelopment Area may make application for that purpose through the Department of Economic Development. The applicant shall submit such information and documentation concerning its application as may be required by the Director. The Director shall review the application and information submitted and may, if the Director finds that the development or redevelopment of the property described in the application satisfies all requirements of this Part B, recommend to the Authority that it award EDIP funds to the applicant. In determining whether to recommend that EDIP funds be awarded to an applicant, the Director shall find as follows: a. Whether the provision of EDIP funds is necessary to stimulate the 0 b. Whether the development or redevelopment satisfies the investment criteria set forth in paragraph 4 of this Part B. Additionally, the Director may consider the following: c. The amount of EDIP funds remaining and available for use _pursuant to this Policy for the fiscal year. d. The economic return to the City generated by the development or this Part B . e. The expertise and experience of the developer or property owner improved and underdeveloped properties. f. The degree to which the -redevelopment may influence _development or redevelopment within the Special Economic Growth Area, Strategic Growth Area or the Economic - Redevelopment Area and adjacent or nearby properties. g. The extent e�] towhich the development or redevelopment may J ffient a 'a­g�'-'i -'—.e ,.hieh is eensistent , ith nd,lo furthers the goalsof the Gampfehensive Diary the City, s E onW... --- serve to implement a change in use which is consistent with and/or furthers the goals of the Comprehensive Plan. the City's Economic Development Strategy. h. The number and types of jobs which the development or i. i -The amount of the applicant's capital investment in the _development or redevelopment of the property. j. The extent to which the plan of development or redevelopment 7. AUTHORITY FINDINGS AND ACTION. Based upon the recommendation of the Director, the Authority shall either approve or disapprove the award of EDIP funds to the applicant. The Authority may attach conditions to the 9 approval of the award of EDIP funds. In the case of a brownfield property, the Authority shall attach the condition that prior to receiving EDIP funds, the recipient of EDIP funds shall provide to the Authority evidence of all permits or approvals as required by state, federal and local regulatory agencies and compliance therewith. The Authority shall not be required tc approve the Director's recommendation, but shall exercise its legislative discretion in determining whether, and to what extent, the applicant's proposed development or redevelopment satisfies Part B of this Policy and the Authority's objective of fostering and stimulating the development of industry in the City, iffy - the rete tion of N.NS Oeeana as a mastef jet . Provided, however, that prior to approval of -the award of EDIP funds to an applicant, the Authority must make the following findings: a. That the animating purpose of the proposed provision of EDIP funds to the applicant is to serve the public purpose of fostering and stimulating economic development in the City of Virginia Beach, ,gib the-=etentien—of NAS Oe „a as a master -et -and that the expenditure of such funds will only incidentally enure to the benefit of private interests, if at all; b. That the proposed provision of EDIP funds to the applicant is in furtherance of the purposes for which the Authority was created; c. That without the stimulus of the EDIP award, it is unlikely that the property would be developed or redeveloped to the extent proposed, or at the current time; d. That as of the date of approval of the EDIP award, the applicant had not yet commenced construction of the proposed development or redevelopment; e. That the property has been designated (or is in an area which has been designated) as a Special Economic Growth Area or Strategic Growth Area by the Comprehensive Plan or an Economic Redevelopment Area by ordinance of the City Council; f. That the proposed development is consistent with the City's Comprehensive Plan, and the City's Economic Development �n the n PZ 1 Or -di , Strategy and �..-n-�_-��anee, as amended; and 10 g. That the scope and quality of the plan of development or redevelopment as proposed, will serve to influence redevelopment and additional capital investment in adjacent or nearby properties .A D7 1 d Cleaf Zones. will fast 41 fetention of NAS Oeeana n master jet baso e. 8. APPROVAL OF THE AWARD OF EDIP FUNDS. Approval by the Authority of the provision of EDIP funds pursuant to this Part B shall be in the form of a resolution which shall include the following information: a. The name of the owner or developer of the property, and the location and a brief description of the development or redevelopment; b. The amount of funds that will be provided; c. The purpose or purposes for which the funds are to be provided; d. A statement that the criteria set forth in paragraph 4 of this Part B have been met; e. A statement that the findings set forth in paragraph 7 of this Part B have been made by the Authority; and f. Any conditions to the approval of the award of the EDIP funds by the Authority. 9. ALTERNATIVE USES OF PART B FUNDS BY THE AUTHORITY TO PURCHASE AND IMPROVE PROPERTY IN A STRATEGIC GROWTH AREA, SPECIAL ECONOMIC GROWTH AREA OR AN ECONOMIC REDEVELOPMENT AREA. The Authority may use EDIP Funds to purchase and improve property within a Special Economic Growth Area. a Strategic Growth Area or an Economic Redevelopment Area. Prior to the approval of the use of EDIP funds for such acquisition, the Authority must find that: a. The property is located within a Special Economic Growth Area, a Strategic Growth Area or an Economic Redevelopment Area; and b. The acquisition and/or improvement of the property by the Authority and its subsequent development or redevelopment will 11 be in conformity with and/or furthers the goals of the City's Comprehensive Plan, the City's Economic Development Strategy, the APZ-1 Ordinance, as amended, and Part B of this Policy. In addition to any property purchased using EDIP funds pursuant to paragraph 9 of this Part B, the Authority may also use EDIP funds for the following improvements to such property: (i) the installation of infrastructure; (ii) the demolition of existing structures; or (iii) the remediation or cleanup of adverse environmental conditions. The Authority may dispose of such property in accordance with state law and may subsequently sell such property to a private party for development or redevelopment. In the event of such sale, the Authority shall attach appropriate conditions to assure that the development or redevelopment is in conformity with and/or furthers the goals of the City's Comprehensive Plan, the City's Economic Development Strategy, the APZ- I Ordinance, as amended, and is in furtherance of the objectives of Part B of this Policy. The proceeds of any property purchased by the Authority and sold pursuant to paragraph 9 of this Part B shall be returned to the EDIP fund account. PART C: POLICY AND PROCEDURE FOR THE PROVISION OF EDLP FUNDS TO QUALIiFYING DEVELOPERS AND PROPERTY OWNERS FOR THE DEVELOPMENT OR REDEVELOPMENT OF PROPERTIES IN APZ-1 OR THE CLEAR ZONES. 1. PURPOSE AND INTENT. It is recognized that within the City there are area3 that are not advancing the -City's purpose of retaining NAS Oceana as a master _jet base in Virginia Beach. but, if developed with conforming uses should stimulate industry and economic development within the City. Moreover, such properties and areas. if developed or redeveloped may reasonably be expected to (i) generate additional tax revenue as a result of coital investment: (ii) influence similar redevelopment and additional investment in nearby properties•(iii) further the goals of the Comprehensi-ve Plan and be consistent with the City's Economic Development Strategy and good zoning principles; (iv) in the APZ-1 and Clear Zone areas encourage the conversion of property that does not conform to the City's zoning amendments adopted in response to the -BRAC Order on. December 20 2005 (the "APZ-1 Ordinance") to uses that do conforin to the APZ-1 Ordinance, including the relocation of nonconforning properties to areas of the City outside the APZ-1 and Clear Zones and the location of conforming properties within the APZ-1: and (v) lead to the establishment of safe and convenient ne:;hborhoods and workplaces. Accordingly it is the animating pug )o} se of the Economic Development Investment Program under Part C of this Policy to enhance the ability of the City of Virginia Beach Development Authority to foster and stimulate 12 economic development in the APZ-1 by providing incentives for the development or redevelopment of properties as described herein. 2. APZ-1 AND THE CLEAR ZONES. The tenn "APZ-1'' means Occident Potential Zone 1 and the areas identified as APZ-1 on tlle._ 1999 "Air Installations Compatible Use Zones' ("AICtJZ"-) pamphlet published by the U.S. Department of the Navv. The tens "Clear Zones"" are those areas designated as "Clear Zones" on the 1999 AICUZ pamphlet. 3. QUALIFYING LAND USES. EDIP funds under Part C of this Policy may be provided only for uses consistent with the APZ-l. Ordinance and any amendments thereto. 4. INVESTMENT CRITERIA. (a) For Areas located in the APZ-1 or Clear Zones, EDIP funds may be awarded pursuant to Part C of this Policy in such instances where the Oceana Land Use Confonnity Committee has determined and has advised the Director, that the development or redevelopment for which EDIP funds will be provided will have the effect of furthering the goals of the Oceana Land Use Conformity Program, including brin6m, new uses into APZ-1 areas that confonn to the APZ-1 Ordinance. converting nonconforming uses to confonning uses retaining confonning uses in APZ-1, and relocating nonconforming uses in APZ-1 and Clear Zones to other areas of the City where such uses would be consistent with the Comprehensive Plan and the City Zoning Ordinance. The Director shall advise the Authority of all determinations and recommendations made by the Oceana Land Use Conformity Committee ("OLUCC"). (b) In determining the amount of the award recommended to OLUCC, the Director shall determine whether both the following criteria have been met: (i) The net amount of direct tax revenues returned to the Citv as a result of the development or redevelopment for which the EDIP funds are provided will exceed the amount of the EDIP fwids provided no later than 48 months following the payment of the EDIP award- or where flexibility for tax abatement has been granted by the City, the amount of direct tax revenues not abated as a result of the development or redevelopment for which EDIP funds are provided will exceed the amount of the EDIP funds provided no later than 48 months following the payment of the EDIP award, and/or (ii) For every one dollar ($1) in EDIP funds provided. the owner or developer of the development or redevelopment for which such funds are provided will 13 spend ten and 501100 dollars ($10.50) or more in new capital investment including buildings, furnishings, and/or equipment. The foregoing investment criteria and required return to the City shall be interpreted as being a threshold for consideration for the award of EDIP funds No award of such funds may be made unless all other requirements of Part C of this Policy are satisfied and all findings stated in Part C of this Policy are made. The Authority shall_ have complete- discretion as to the award of funds and the amount of funds awarded as well as whether or not the criteria have been met. .`�. ADDITIONAL USES OF FUNDS UNDER PART C. A qualifying owier of land located in APZ-1 or the Clear Zones who desires to (i) move a nonconforming use of that land out of APZ-1 or the Clear Zones and into another part of the City where the use is compatible and (ii) if owner retains ownership of the subject land, agrees to restrict the further use of that land to uses compatible with those allowed in the APZ-1 Ordinance, shall be entitled to apply for an award of up to $75,000 to offset actual moving expenses incurred in moving the said nonconforming use out of APZ-1 or the Clear Zones. (I._ AVAILABILITY OF FUNDS. The City Council specifically qppropriates fiinds for EDIP use in APZ-1 and Clear Zone areas It is anticipated that such funds for EDIP use in APZ-1 and Clear Zone areas will be made available from CIP-9.060 (Oceana and Interfacility Traffic Area Conformity and Acquisition) i'. APPLICATION FOR EDIP AWARD. A qualifying developer or owner of land who desires EDIP funds for use in the development or redevelopment of property located in APZ-1 or the Clear Zones may make application for that purpose through the Department of Economic Development. The applicant shall submit such information and documentation concemin i�application as may be required by the Director. The Director shall review the application and information submitted and inay if the Director finds that the development or redevelopment of the property described in the application satisfies all requirements of this Part C, recommend to the Authority that it award EDIP funds to the applicant. In determining whether to recommend that EDIP funds be awarded to an applicant, the Director shall find as follows: a. Whether the provision of EDIP funds is necessary to stimulate the development or redevelopment of the property/area; and b. Whether the development or redevelopment satisfies the investment criteria set forth in paragraph 4 of this Part C. 14 c Whether the development or redevelopment is consistent with the APZ-1 Ordinance. Additionally, the Director may consider the following: d The amount of EDIP funds remaining and available for use pursuant to this Policy for the fiscal year. e The economic return to the City generated by the development or this Part C. f The expertise and experience of the developer or property owner in redeveloping brownfields greyfields abandoned, blighted, under improved and underdeveloped properties. g. The degree to which the redevelopment may influence coipatible development or redevelopment within the APZ-I and development of adjacent or nearby properties. h. The extent to which the development or redevelopment may serve to implement a change in use which is consistent with and/or furthers the goals of the Comprehensive Plan, the City's Economic Development Strategy, and the APZ-1 Ordinance, as amended. i. The amount of the applicant's capital investment in the development or redevelopment of the property. j. The value of moving a use of property that is inconsistent with the APZ-1 Ordinance out of the APZ-1 or the Clear Zones. 8. AUTHORITY FINDINGS AND ACTION. Based upon the recommendation of the Director, the Authority shall either approve or disapprove the award of EDIP funds to the applicant. The Authority may attach conditions to the approval of the award of EDIP funds. The Authority shall not be required to approve the Director's recommendation. but shall exercise its leizislative discretion in detennining whether, and to what extent. the applicant's proposed development or redevelopment satisfies Part C of this Policy and the Authority's objective of fostering and stimulating 15 the developmf,nt of industry in the City, including the retention of NAS Oceana as a master Jet base. Provided, however, that prior to approval of the award of EDIP funds to an applicant, the Authority must make the following findings: a. That the animating purpose of the proposed provision of EDIP funds to the applicant is to serve the public purpose of fostering and stimulating economic development in the City of Virginia Beach, including the retention of NAS Oceana as a master jet base, and that the expenditure of such funds will only incidentally enure to the benefit of private interests if at all; b. That the proposed provision of EDIP funds to the applicant is in furtherance of the purposes for which the Authority was created; c. That without the stimulus of the EDIP award it is unlikely that the property would be developed or redeveloped to the extent proposed, or at the current time; d. That as of the date of application for the EDIP award the applicant had not vet commenced construction of the proposed development or redevelopment.; e. That the property is in APZ-1 or the Clear Zones; f. That the proposed development is consistent with the City's Comprehensive Plan, the City's Economic Development Strategy and the APZ-1 Ordinance, as amended; g. That the scope and quality of the plan of development or redevelopment as proposed will serve to influence redevelopment and additional capital investment in adjacent or nearby_ properties or, in APZ-1 and Clear Zones, will foster the retention of NAS Oceana as a master iet base; and h. The Oceana Land Use Conformity Committee has endorsed in writing the award of EDIP funds as proposed by the Authority 9. APPROVAL OF THE AWARD OF EDIP FUNDS. Approval by the Authority f the provision of EDIP funds pursuant to this Part C shall be in the form of a resolution which shall include the following infomiation: 16 a The name of the owner- or developer of the property, and the location and a brief description of the development or redevelopment, b. The amount of funds that will be provided; c The purpose or purposes for which the funds are to be provided; d A statement that the criteria set forth in paragraph 4 of this Part C have been met; e A statement that the findings set forth in paragraph 8 of this Part C have been made by the Authority; and f Any conditions to the approval of the award of the EDIP funds by the Authority. 10. ALTERNATIVE USES OF PART C FUNDS BY THE AUTHORITY TO RETAIN A REAL ESTATE BROKER. The Authority may use EDIP funds to retain a licensed real estate broker to sell property located in APZ-1 or the Clear Zones and owned by the Authority or the Citi The Authority is authorized to pay a commission to that broker in an amount not to exceed the following: Sale Price Cumulative Commission Rate $ 0 - $500,000 5% MUM - $1,000,000 3% $1 000,001 and up 2% PART D: GENERAL PROVISIONS APPLICABLE TO 130T# PARTS A4MD-,B AND C. 1. SEPARATE ACCOUNT FOR EDIP FUNDS. EDIP funds shall be maintained by the Authority in a separate account and shall not be commingled with other Authority funds. 2. EDIP FUND EXPENDITURES. All expenditures of EDIP funds shall be in keeping with this Policy and may enure only incidentally to the benefit of private interests. In addition to the use of EDIP funds pursuant to Parts Al and B or C of this Policy, EDIP funds may also be utilized to conduct appraisals, financial and market studies, and architectural and engineering studies directly related to specific economic 17 development initiatives and/or projects being conducted by the Authority on behalf of the City. 3. PAYMENT OF EDIP FUNDS. When EDIP funds are awarded pursuant to either Part A or Part B this Policy, they shall be paid to the authorized business or the owner or developer at such time as the Director shall (i) obtain copies of invoices/receipts from the business, or owner or developer showing the actual costs incurred for the purpose or purposes for which the funds are to be provided; (ii) determine that the development or redevelopment is in conformity with the plan of development presented to the Authority and with all conditions which may have been attached to the approval of the award of the funds by the Authority; and (iii) where required by the Authority, the business, or owner or developer shall execute and deliver to the Authority an EDIP Recapture Agreement in a form acceptable to counsel for the Authority. SPECIFIC PURPOSES FOR THE USE OF EDIP FUNDS. When EDIP funds are awarded to an applicant pursuant to this Policy, such funds shall be used only for the following purposes set forth in § 2.2 115( C-) of the of Vifglftia. These ese. areasllem-1 - a. Public and private utility extension or capacity development on and off --site; fea b. I:oad, rail, or other transportation access costs beyond the funding capability of existing programs; tFainting ees4s-,., c. Public and private installation extension or capacity development of high-speed of broadband Internet access VIhether on or off site. d. Site acquisition-.-gg�. e. Grading, drainage, paving, and any other activity required to prepare a site for construction; ,.enst,.,,etio•, f. Construction or build -out of publicly or privately owned buildings; _ g. Training costs 18 h. Purchase and installation of tangible business property, located in the City of Virginia Beach, in the following categories: • Machinery and Tools • Tangible personal property used for research and development • Computer hardware used by law -.businesses primarily_ engaged in providing data processing services to other nonrelated or affiliated businesses • Programmable computer equipment and peripherals employed in a trade or business (not individual workstations) • Tangible personal property used in the provision of Internet services • Equipment used primarily for research, development, production or provision of biotechnology for the purpose of providing_ products or processes for specific commercial or public purposes • Tangible property designed and used primarily for the purpose of manufacturing a product from renewable ener 5. REPORTING. The Authority shall provide City Council semi- annual reports, an or -before June zn and Deeember- 31 of eaek year, outlining, in detail, the manner in which the funds were provided. Such reports shall include, at a minimum, the information required by subsections a, b, and c of paragraph 6 of Part A, subsections a, b, and c of paragraph 8 of Pa#Parts B and C, and information demonstrating compliance with the provisions of this Policy and Procedure. 6. AMENDMENTS TO POLICY. The provisions of this Policy shall not be amended without the prior consent and approval of the City Council and the Authority. 7. APPLICATION OF POLICY. This Policy is specifically applicable to the expenditure of EDIP funds. This Policy is not intended to be, nor shall it be deemed to be, applicable to the use of public funds from any source other than the EDIP. 8. EFFECTIVE DATE OF POLICY. This Policy shall become effective immediately upon its approval by the City of Virginia Beach and the City of 19 Virginia Beach Development Authority, which approval shall be evidenced by signature of the Mayor of the City of Virginia Beach and the Chair of the City of Virginia Beach Development Authority acting by, and on behalf of, the City and the Authority, respectively. Mayor, City of Virginia Beach Chair, City of Virginia Beach Development Authority 20 c CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Authorizing the City Manager to Execute a Mutual Aid Agreement for Emergency Fire and Emergency Medical Services Between the City of Virginia Beach and Currituck County, North Carolina MEETING DATE: September 28, 2010 Background: The City of Virginia Beach is currently a party to two separate agreements with Currituck County, North Carolina. One addresses EMS response services and the other addresses Fire response services. The EMS Mutual Aid Agreement does not specifically state that some EMS calls for service from Currituck may also be answered by Virginia Beach Fire Department personnel and assets, although such responses do occur. Considerations: The agreement will combine the two existing agreements the City has entered with Currituck County, North Carolina. Further the new agreement specifically acknowledges that Fire Department personnel and assets may also respond to Emergency Medical Service calls. Public Information: This ordinance will be advertised in the same manner as other Council agenda items. m Recommendations: Adopt m Attachments: Ordinance and Summary of Terms Recommended Action: Adopt Submitting Department/Agency: Fire and EMS City Manager: . 1 A RESOLUTION AUTHORIZING THE CITY MANAGER TO 2 EXECUTE A MUTUAL AID AGREEMENT FOR 3 EMERGENCY FIRE AND EMERGENCY MEDICAL 4 SERVICES BETWEEN THE CITY OF VIRGINIA BEACH 5 AND CURRITUCK COUNTY, NORTH CAROLINA 6 7 8 WHEREAS, Code of Virginia Section 27-2 authorizes local governments to enter 9 into mutual aid agreements for emergency fire and emergency medical services with 10 adjoining counties outside the Commonwealth; 11 12 WHEREAS, the City of Virginia Beach and Currituck County, North Carolina 13 maintain equipment and personnel for emergency fire and emergency medical response 14 within their respective jurisdictions, as well as, for the protection of adjacent 15 communities in other jurisdictions; 16 17 WHEREAS, the proximity of the Virginia Beach Emergency Medical Services and 18 the Virginia Beach Fire Department makes it the appropriate primary responder to the 19 Gibbs Woods area of Currituck County, and the location of the Currituck County 20 Emergency Medical Services and Fire Department makes it the appropriate primary 21 responder to the Knotts Island area of Virginia Beach; 22 23 WHEREAS, the City of Virginia Beach and Currituck County are each cognizant 24 of the benefits they will derive from a mutual aid agreement for emergency medical 25 services assistance; and 26 27 WHEREAS, the City of Virginia Beach and Currituck County desire to 28 memorialize their relationship and their respective responsibility as they relate to the 29 providing of emergency medical services assistance in a Mutual Aid Agreement (the 30 "Agreement"). 31 32 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 33 VIRGINIA BEACH, VIRGINIA: 34 35 1. That the Mutual Aid Agreement for emergency medical services (the 36 "Agreement") is hereby approved. 37 2. That the City Manager is hereby authorized and directed to execute said 38 Agreement on behalf of the City of Virginia Beach in accordance with the Summary of 39 Terms attached hereto. 40 41 Adopted by the Council of the City of Virginia Beach, Virginia on the day 42 of .2010. APPROVED AS TO CONTENT: Emergency Medical Services APPROVED AS TO CONTENT: 94 Fire Department CA10246 R-1 September 1, 2010 APPROVED AS TO LEGAL SUFFICIENCY: Mi �E M, -� n�e y s 'D I c AGREEMENT FOR MUTUAL AID EMERGENCY MEDICAL SERVICES ASSISTANCEBETWEEN THE CITY OF VIRGINIA BEACH, VA AND CURRITUCK COUNTY, NC SUMMARY OF TERMS PARTIES: City of Virginia Beach (the "City") Currituck County, NC ("Currituck") PURPOSE OF AGREEMENT: To augment emergency response availability in the Gibbs Woods or Knotts Island area of Currituck County/Virginia Beach and the area of Virginia Beach south of Indian River Road and North Landing Road to Muddy Creek and Back Bay to the North Carolina border. TERM OF AGREEMENT: From date of execution until terminated by either party with 30 days written notice. RESPONSIBILITIES OF CURRITUCK: • Shall be primary responder for emergency medical services ("EMS") for Virginia Beach area of Knotts Island. • Shall be secondary responder for EMS for rural area of Virginia Beach south of Indian River Road from North Landing to Muddy Creek and Back Bay extending to the North Carolina border. RESPONSIBILITIES OF THE CITY: • Shall be primary responder for emergency fire and medical calls for service to the Currituck County area of Gibbs Woods • Shall be secondary responder for emergency fire and medical calls for service to Currituck County area of Knotts Island. SPECIAL TERMS AND CONDITIONS: Billinp,: Currituck shall bill the City for service calls by invoice. The City shall invoice Currituck annually in an amount equal to the total of all invoices received from Currituck during the year to achieve a zero balance. Insurance: Each party shall be responsible for meeting any insurance requirements. Liability: Each party agrees to hold the other harmless. Virginia Code § 27- 2 expressly states that the parties must indemnify each other. rd`*`` �u X �+w CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Directing the City Auditor to Conduct an Audit of the City of Virginia Beach Procurement Card Program MEETING DATE: September 28, 2010 ■ Background: The City has established a procurement card program to streamline the acquisition and payment process for low -dollar -value goods and for employees' city business travel costs which will reduce paperwork and administrative costs. City Code § 2-470 authorizes City Council to request an audit of programs, such as the procurement card program. The attached resolution requests such an audit. ■ Considerations: The audit shall address: (1) whether each Department Director has established Internal Control Procedures Document for his/her department/office; (2) that the procedures address the approval function, the accounting/reconciling function, and any proposed card custody functions; (3) that proper review and approval is performed before payment of procurement card transactions; and (4) that transactions made with the procurement card are in accordance with Small Purchase/Travel Card Procedures Manual. ■ Public Information: Public information will be provided through the normal Council agenda process. ■ Attachments: Resolution Requested by Councilmember Wood REQUESTED BY COUNCILMEMBER WOOD 1 A RESOLUTION DIRECTING THE CITY AUDITOR TO 2 CONDUCT AN AUDIT OF THE CITY OF VIRGINIA BEACH 3 PROCUREMENT CARD PROGRAM 4 BE IT [RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA: 6 1. That, pursuant to City Code 2-470, the City Auditor is hereby directed to conduct 7 an audit' of the City of Virginia Beach procurement card program. The City has 8 established a procurement card program to streamline the acquisition and 9 payment process for low -dollar -value goods and for employees' City business 10 travel costs, which reduce paperwork and administrative costs. 11 12 2. That they audit shall address: (1) whether each Department or Office Director has 13 established documented Internal Control Procedures for his/her 14 department/office; (2) whether the procedures address the approval function, the 15 accounting/reconciling function, and any proposed card custody functions; (3) 16 whether proper review and approval is performed before payment of 17 procurement card transactions; and (4) whether transactions made with the 18 procurement card are made in accordance with Small Purchase/Travel Card 19 Procedures Manual. 20 21 3. That they City Auditor, in order to ensure a value-added and efficient audit, shall 22 use a ri:>k assessment process to determine those cardholders and transactions 23 to be audited. 24 25 4. That, pursuant to City Code 2-468, the City Auditor shall have unrestricted 26 access to, and inspection of, all records of employee procurement card 27 transactions, bank statements, transaction logs, and any other records necessary 28 to complete the audit. Adopted by the City Council of the City of Virginia Beach, Virginia, this clay of , 2010. Require:, an affirmative vote by a majority of all members of the City Council. APPROVED A;3 TO LEGAL SUFFICIENCY: City Attorney's 0 i e CA11607 R-1 September 10, 2010 .' n.Z .m. f� l +•_ ' ,ui S* �•,�.`-. iso CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Encourage Preservation of the Historic Brick Sidewalks at Cavalier Shores MEETING DATE: September 28, 2010 ■ Background: In 1927, the year in which Virginia Beach's historic Cavalier Hotel was constructed, brick sidewalks were installed in the adjacent Cavalier Shores subdivision, along the south side of 45th Street, the north and south sides of 44th Street, and the north side of 43rd Street. Like the Cavalier Hotel, these brick sidewalks are historic structures that form an integral part of our city's architectural history. Despite their historic nature, over the past ninety years, some of the original bricks have been removed to accommodate utilities and curb cuts for residents of Cavalier Shores, and other bricks have been damaged by motorists illegally parking on a portion of the sidewalks. ■ Considerations: In recognition of the historic nature of these brick sidewalks and in order to help preserve them, this resolution asks the City Manager to direct the Planning and Public Works departments to take actions to preserve the brick sidewalks to the extent feasible. The resolution also asks the City Manager to direct the Police Department and its Community Service Officers to provide increased enforcement of the prohibition against parking on these sidewalks. Finally, the resolution asks the City Manager to direct the Department of Museums and Historic Preservation to work with the City's Historic Preservation Commission and other community groups to raise awareness of the sidewalks. This resolution was endorsed by the City's Historic Preservation Commission at its September meeting. ■ Public Information: This item will be advertised in the same manner as other agenda items. ■ Attachments: Resolution and Map Requested by Councilmember Wilson REQUESTED BY COUNCILMEMBER WILSON 1 A RESOLUTION TO ENCOURAGE PRESERVATION OF 2 THE HISTORIC BRICK SIDEWALKS AT CAVALIER 3 'HORES 4 5 WHEREAS, in 1927, Virginia Beach's historic Cavalier Hotel was constructed; 6 7 WHEREAS, also in 1927, brick sidewalks were installed in the adjacent Cavalier 8 Shores subdivision, east and west along the south side of 45th Street, and east and 9 west on both the north and south sides of 43`d and 44th Street, as well as the walk from 10 the Old Cavalier Hotel on the hill from Cavalier Drive to 45th Street; 11 12 WHEREAS, like the Cavalier Hotel, these brick sidewalks are historic structures 13 that form an integral part of Virginia Beach's architectural history; 14 15 WHEREAS, despite their historic nature, over the past ninety years, some of the 16 original bricks have been removed to accommodate utilities and curb cuts for residents 17 of Cavalier Shores; 18 19 WHEREAS, although City Code § 21-303 prohibits motorists from parking a 20 vehicle (or any portion of a vehicle) on a City sidewalk, some drivers have nevertheless 21 illegally parked their vehicles on the brick sidewalks, resulting in damage to the 22 sidewalks and creating a potential safety hazard for pedestrians and drivers; and 23 24 WHEREAS, City Council recognizes the historic nature of these brick sidewalks 25 and desires that the City and its residents take steps to preserve these brick sidewalks 26 as an historic amenity. 27 28 NOW, THEREFORE, BE IT RESOLVED BY CITY COUNCIL OF THE CITY OF 29 VIRGINIA BEACH, VIRGINIA THAT: 30 31 1. The City Manager is hereby requested to direct the Planning and Public 32 Works departments to ensure that actions are taken to preserve these historic brick 33 walkways to the extent feasible; 34 35 2. The City Manager is hereby requested to direct the Police Department and 36 its Community Service -Officers to provide increased enforcement of the prohibition 37 against parking a vehicle on these sidewalks; and 38 39 3. The City Manager is hereby requested to direct the Department of 40 Museums and Historic Preservation to work with the City's Historic Preservation 41 Commission and other community groups to raise awareness of these historic 42 sidewalks, with the goal of preserving these sidewalks for future generations. Adopted by the Council of the City of Virginia Beach this day of , 2010. APPROVED AS TO LEGAL SUFFICIENCY: ;;:-: �,. : �,- � � 7� � City Attorney's Office CA11598 R-2 August 31, 2010 X 770h' 04,111, Pyl h 4 X 770h' r�aM' y CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate Funds to the FY 2010-11 Operating Budget of the Department of Housing and Neighborhood Preservation MEETING DATE: September 28, 2010 ■ Background: The Department of Housing and Neighborhood Preservation operates the Housing Choice Voucher program (formerly known as Section 8), which assists approximately 1,900 households with rental costs. On June 17, 2010, the City was awarded additional Federal Housing Choice Voucher Program funds in the amount of $196,398 to assist up to 25 additional homeless veterans with housing subsidies. This program, known as the HUD -Veterans Affairs Supportive Housing initiative (VASH), provides support services to veterans through the Veteran's Administration. The department is already administering 35 vouchers in this program under an award received in 2009. On July 17, 2010, the City was awarded $118,087 in Federal funding through the Continuum of Care (COC) Homeless Assistance Program for a Permanent Housing Assistance Program. This program will be operated in a similar fashion to the Housing Choice Voucher Program, and is anticipated to provide assistance to 6 currently homeless individuals for a two-year period with potential renewals following the initial period. ■ Considerations: VASH Program participants will be referred to the City's program from the VA Medical Center in Hampton. The department will administer the housing assistance through the existing voucher program. COC program participants will be homeless persons who are currently receiving services from the Department of Human Services (DHS) and are in need of housing. They will be referred for assistance by DHS staff. It is fully expected that the City will continue to receive annual funding for both programs. ■ Public Information: Public information will be coordinated through the normal Council agenda process. ■ Recommendation: Approval of the attached ordinance. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department: Departm using and Neighborhood Preservation City Manager: 1 2 3 4 5 6 7 8 9 10 11 12 AN ORDINANCE TO APPROPRIATE FUNDS TO THE FY 2010-11 OPERATING BUDGET OF THE DEPARTMENT OF HOUSING AND NEIGHBORHOOD PRESERVATION BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $314,485 is hereby appropriated, with federal revenues increased accordingly, to the FY 2010-11 Operating Budget of the Department of Housing and Neighborhood Preservation to assist homeless veterans and other homeless individuals. 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: . _a( a - "aq Management Services CA11610 R-2 September 14, 2010 APPROVED AS TO LEGAL SUFFICIENCY: 1 C' orney's Office CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Grant Funds for Public Safety and Criminal Processing MEETING DATE: September 28, 2010 ■ Background: The Edward Byrne Justice Assistance Grant (Byrne JAG) Local Solicitation is a grant from the Department of Justice (DOJ) that is used to assist with law enforcement and criminal processing programs. The Byrne JAG supports a broad range of activities to prevent and control crime based on local needs and conditions. The Criminal Justice Board, which is comprised of City representatives from Police, Sheriff, Courts, and Community Corrections, agreed upon the best use of this grant funding. ■ Considerations: The total award for this grant is $198,676. The Virginia Beach Criminal Justice Board recommends that the funds be used as follows: a $50,000 to the Police Department and Sheriff's Office for fiber installation at the Law Enforcement Training Academy; a $44,496 to the Police Department for a digital storage project; a $24,000 to the Circuit Court Clerk's Office for a contracted office assistant; a $44,000 to the Sheriff for the Courthouse Security Project; a $18,720 to the Juvenile and Domestic Relations District Court for a contracted expungement clerk; a $15,050 to Community Corrections and Pretrial for a Batterer's Intervention Program; and a $2,410 to Community Corrections and Pretrial for the purchase of Intoxilyzers ■ Public Information: Public information will be provided through the normal Council Agenda process. ■ Recommendations: It is recommended that City Council accept and appropriate the grant award of $198,676 for the use of funds as suggested by the Criminal Justice Board. ■ Attachments: Ordinance Recommended Action: Approval of Ordinance Submitting Department/Agency: Police Department 4cc -rn City Manager. k., 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 GRANT FUNDS FOR PUBLIC SAFETY AND CRIMINAL 3 PROCESSING 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 1. That $198,676 is hereby accepted, with federal revenues increased accordingly, 9 from the Edward Byrne Justice Assistance Grant, through the United States Department of 10 Justice, and appropriated to the following agencies and departments as set forth below: 11 12 a. $50,000 to the Police Department and Sheriffs Office for fiber installation at the 13 Law Enforcement Training Academy; 14 b. $44,496 to the Police Department for a digital storage project; 15 c. $24,000 to the Circuit Court Clerk's Office for a contracted office assistant; 16 d. $44,000 to the Sheriff for the Courthouse Security Project; 17 e. $18,720 to the Juvenile and Domestic Relations District Court for a contracted 18 expungement clerk; 19 f. $15,050 to Community Corrections and Pretrial for a Batterer's Intervention 20 Program; and 21 g. $2,410 to Community Corrections and Pretrial for the purchase of intoxilyzers. 22 23 2. That all contracted positions funded through this grant shall be eliminated when 24 grant funding expires. 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 the members of City Council. Approved as to Content: L -z , L Management Services CA11612 R-1 September 16, 2010 Approved as to Legal Sufficiency: ney's Office CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance to Accept and Appropriate $2,085 to the Library Gift Fund MEETING DATE: September 28, 2010 ■ Background: The National Library Service (NLS) for the Blind has developed a new format for its talking books and playback machines. Books are recorded on flash drives encased in plastic "cartridges" that allow users with impaired vision or other disabilities to handle them easily. NLS has over 20,000 digitally -recorded titles available online; however, Virginia Beach Public Libraries does not own any blank cartridges on which to download them. The cartridges can be erased and re-recorded for maximum efficiency. NLS is not providing blank cartridges to network libraries and the price varies greatly with the size of the order. The Library Department is partnering with the State Department of the Blind and Vision Impaired to purchase a large quantity of these cartridges in order to receive better pricing. In 2009, the Special Services Library received the Sub -regional Library of the Year Award from NLS which included a $1,000 award. In addition to the $1,000 award, the Library has received $1,085 in donations. The Department of Public Libraries wishes to use these funds to purchase cartridges for use with the NLS talking books and playback machines. ■ Considerations: 400 + blind or physically disabled adults and children will have access to all the titles available for download from the NLS. In addition to the new format, books will still be available to customers in the existing format. ■ Public Information: Information will be disseminated through the regular City Council agenda notification process. Eligible users will be notified of the availability of this new format by the Friends of the Virginia Beach Public Library newsletter. ■ Alternatives: The Friends of the Virginia Beach Public Library have previously granted $924 for 100 cartridges. There are no additional funds within the Library operating budget for the purchase of additional cartridges. ■ Recommendations: The Library Department recommends City Council approve the ordinance to accept and appropriate $2,085. ■ Attachments: Ordinance Recommended Action: Approve Ordinance Submitting Department/Agency: Department of Public Libraries City Managers V :Z�Nn 1 2 3 4 5 6 7 8 9 10 AN ORDINANCE TO ACCEPT AND APPROPRIATE $2,085 TO THE LIBRARY GIFT FUND BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $1,000 from the National Library Service (NLS) and $1,085 in donations are hereby accepted and appropriated, with estimated revenue increased accordingly, to the Library Gift Fund for the purchase of cartridges that enhance the use of NLS talking books and playback machines. 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 ASO TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Lc I -JQ V I 11z P'e' I Management Services Cify ey's Office CA11608 R-2 September 14, 2010 4S +f ! CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer Funds from the General Fund Reserve for Contingencies to the FY 2010-11 Operating Budget of the Clerk of the Circuit Court and to Approve the Reinstatement of a Full -Time City Position in the Clerk's Office MEETING DATE: September 28, 2010 ■ Background: The Clerk of the Circuit Court lost one city funded position (a Clerk II), in the FY 2010-11 Operating Budget. She is requesting that this position be reinstated in order to allow the Clerk's Office to return to normal business hours. The return to normal business hours will benefit the public and improve access to the judicial system. This request is also being made after a misunderstanding on the Clerk's part that all positions that were cut in the budget crisis were being restored. The Clerk has already interviewed and offered this position to someone who has given notice to their current employer. ■ Considerations: The transfer and approval of the additional position would help return the Clerk's Office to normal business hours for the public. In requesting the City's assistance, the Clerk asks that the following two items be considered. One, this Office honored the City's request to participate in the City's transition program that allowed the continuation of employment for City employees that would have otherwise been separated from employment. Two, the Clerk has worked diligently with the local Treasurer's Office to provide a new funding stream for the Treasurer in the collection of criminal restitution rather than allowing this funding source go to an outside vendor. If this transfer is approved, the Reserve for Contingencies will have a balance of $1,251,838. ■ Public Information: Public information will be provided through the normal Council agenda process. ■ Recommendations: Transfer funds to allow the Clerk of the Circuit Court to reinstate one position. ■ Attachments: Ordinance Recommended Action: ¢� Submitting Department/Agency: Clerk of the Circuit Cou City Manager. s 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 AN ORDINANCE TO TRANSFER FUNDS FROM THE GENERAL FUND RESERVE FOR CONTINGENCIES TO THE FY 2010-11 OPERATING BUDGET OF THE CLERK OF THE CIRCUIT COURT AND TO APPROVE THE REINSTATEMENT OF A FULL-TIME CITY POSITION IN THE CLERK'S OFFICE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That a previously eliminated, full-time, City position be reinstated in the FY 2010-11 Operating Budget of the Clerk of the Circuit Court; and 2. That $26,512 is hereby transferred from General Fund Reserve for Contingencies 'to the FY 2010-11 Operating Budget to fund the full-time City position. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2010. APPROVED AS TO CONTENT: -D ': � i Servic4-- Management CA11613 R-2 September 16, 2010 APPROVED AS TO LEGAL SUFFICIENCY: me s Office L. PLANNING 1. Application of S. DAWSON and SUSAN P. STERLING for a Nonconforming Use to allow for an expansion of their existing dwelling at 801 Baltic Avenue. BEACH — DISTRICT 6 RECOMMENDATION DEFERRAL 2. Application of BEN JOHNSON for Modification of Condition No. 1 at 612 Nevan Road to expand the tattoo parlor into Suite 104. LYNNHAVEN — DISTRICT 5 RECOMMENDATION APPROVAL 3. Application of CAVALIER GOLF & YACHT CLUB c/o JOHN MILLESON, SR. for a Conditional Use Permit re an outdoor recreational facility at 1052 Cardinal Road. LYNNHAVEN - DISTRICT 5 RECOMMENDATION APPROVAL 4. Application of GAIL HARTS PERFORMING ARTS GROUP, INC./TIBBITT PROPERTIES ACREDALE, L.L.C. for a Conditional Use Permit re an indoor recreation facility at 5224 Indian River Road, Suite 113-116. KEMPSVILLE - DISTRICT 2 RECOMMENDATION APPROVAL 5. Application of OCEAN RENTAL PROPERTIES, LLC for a Modification of Conditional Change of Zoning (previously approved by City Council on September 12, 2000) at 3202 Holly Road to modify all previously approved Proffers to allow access from Holly Road in lieu of the approved access through the Huntwick Condominium development. BEACH - DISTRICT 6 RECOMMENDATION APPROVAL 6. Application of GEO I, L.L.C. c/o JOHN GEORGHIOU for a Change of Zoning District Classification from R-10 Residential to Conditional R-51) (WF) Residential at 4480 and 4488 Indian River Road to allow residential development with workforce housing. CENTERVILLE — DISTRICT 1 RECOMMENDATION INDEFINITE DEFERRAL 7. Application of LITTLE THEATRE OF VIRGINIA BEACH at 550 Barberton Drive to allow five (5) roadside guide signs in the public right-of-way along Birdneck and Laskin Roads in accordance with Section 211.1 of the City Zoning Ordinance (CZO). BEACH — DISTRICT 6 RECOMMENDATION APPROVE THREE (3) ROADSIDE GUIDE SIGNS NOTICE OF PUBLIC HEARING Virginia Beach City Council will meet in the Chamber at City Hall, Municipal Center, 2401 Courthouse Drive, Tuesday, September 28, 2010, at 6:00 p.m. The following applications will be heard: BEACH DISTRICT Little Theatre Of Virginia Beach Application: 550 Barberton Drive to allow five (5) Roadside Guide Signs to be located in the public right-of- way along Birdneck and Laskin Roads in accordance with Section 211.1 of the City Zoning Ordinance. Ocean Rental Properties, LLC Application: Modification Of Conditional Change of Zoning (previously approved by City Council on September 12, 2000) at 3202 Holly Road (GPIN 2418922503). S. Dawson and Susan P. Sterling Application: Nonconforming Use at 801 Baltic Avenue (GPIN 2427133700). CENTERVILLE DISTRICT GEO I, L.L.C. c/o John Georghiou Application: Change of Zoning Qj2LrIgj__CIassification from R-10 Residential to Conditional R -5D (WF) Residential at 4480 and 4488 Indian River Road (GPINs 1474254827; 1474252700; 1474256755). Comprehensive Plan - Suburban Area. LYNNHAVEN DISTRICT Cavalier Golf and Yacht Club c/o John Milleson, Sr. Application: Conditional Use Permit for an outdoor recreational facility at 1052 Cardinal Road (GPIN 2418246584). Ben Johnson Application: Modification of Conditions at 612 Nevan Road. (GPIN 2407885484). KEMPSVILLE DISTRICT Gail Harts Performing Arts Group, Inc./Tibbitt Properties Acredale, L.L.C. Application: Conditional Use Permit for an indoor recreation facility at 5224 Indian River Road, Suite 113416 (GPIN 1465472824). 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/oc For information call 385-4621. If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERKS OFFICE at 385- 4303. BEACON Sept 12 & Sept 19, 2010 21674927 C3L OCA iL 1 z? CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Authorizing the Conversion of a Nonconforming Use on Property Located at 801 Baltic Avenue for S. Dawson and Susan P. Sterling, 801 Baltic Avenue (GPIN 2427133700). BEACH DISTRICT. MEETING DATE: September 28, 2010 ■ Background: The applicants request a change of a nonconforming use to allow an expansion of their existing dwelling. ■ Considerations: By email the applicant is requesting deferral of this item. The purpose of the deferral is to work out additional issues with adjacent property owners. ■ Recommendations: Staff recommends deferral to the October 12, 2010 City Council Agenda. ■ Attachments: Location Map Recommended Action: Deferral. Submitting DepartmenVAgency: Planning Department City Manager. l` Faith Christie From: Jan Anderson U.anderson 111 @verizon. net] Sent: Monday, September 13, 2010 6:23 PM To: Faith Christie Subject: RE: Sterling Faith, Thank you, I would like extra time to see if we can apply the Old Beach guidelines in our proposal. Jan From: Faith Christie [mailto:FChrisd@vbgov.com] Sent: Monday, September 13, 2010 1:16 PM To: Jan Anderson Subject: Sterling Anyway I think if you go back and take a look at the houses — maybe redesign them to comply with the Old Beach Design guidelines that would be helpful. I think you are correct in that it doesn't appear that anything you would propose will satisfy the neighbors. Sometimes that is just the way it is. Anyway, I'll move the request to the October 12 CC agenda. I'll need the new design no later than September 21. thanks Faith Christie, CZA, CBO Planner, City of Virginia Beach 2405 Courthouse Drive, Room 115 Virginia Beach, VA 23456 757-385-6379 1 -64- Item V -L.8. PLANNING ITEM # 58763 (Continued) Voting: I 1-0 (By Consent) Council Members Voting Aye: Glenn R. Davis. William R "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: 11one Council Members Absent.• None April 28, 2009 -63- PLANNING 63 - Item V -L.8. PLANNING ITEM # 58763 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED Ordinance upon Application of VIRGINL4 BEACH INK (Ben Johnson) for Modification of Conditions (Conditions 1 and 4 (approved by City Council on September 23, 2008) at 612 Nevan Road, Suite 114 to add body piercing and permanent make-up applications. ORDINANCE UPON APPLICATION OF VIRGINIA BEACH INK (BEN JOHNSON) FOR MODIFICATION OF CONDITIONS (CONDITIONS I AND 4 (APPROVED BY CITY COUNCIL ON SEPTEMBER 23, 2008) AT 612 NEVAN ROAD, SUITE 114 TO ADD BODY PIERCING AND PERMANENT MAKE- UP APPLICATIONS BE IT HEREBY ORDINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of VIRGINIA BEACH INK (Ben Johnson) for Modification of Conditions (Conditions I and 4 (approved by City Council on September 23, 2008) at 612 Nevan Road, Suite 114 to add body piercing and permanent make-up applications. (GPIN: 240788554840000) DISTRICT 5 - LYNNHAVEN The following conditions shall be required: 1. All conditions, with the exception of Number 1 and 4 attached to the Conditional Use Permit granted by the City Council on September 23, 2008, remain in affect. Z Condition Number 1 of the September 23, 2008, Conditional Use Permit is deleted and replaced with the following: "The Conditional Use Permit fora tattoo establishment with body piercing and permanent make-up applications is approved for a period of one (1) year with an administrative review every year thereafter. " 3. Condition Number 4 of the September 23, 2008, Conditional Use Permit is deleted and replaced with the following: "The actual tattooing operation, body piercing or permanent make-up application on a customer shall not be visible from any public right-of-way adjacent to the establishment. " This Ordinance shall be effective in accordance with Section 107 (n of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-eighth of April, Two Thousand Nine April 28, 2009 -36- V-L.Z PLANNING ITEM # 58066 (Continued) This Ordinance shall be effective in accordance with Section 107 (n of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-third of September Two Thousand Eighr Voting: 10-0 Council Members Voting Aye: William R "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: Nq,ne Council Members Absent: Barbara M. Henley September 23, 2008 -35- V-L.Z. PLANNING ITEM # 58066 Attorney R. Edward Bourdon, Pembroke Office Park — Building One, 281 Independence Boulevard, Phone: 499-8971, represented the applicants (Ben Johnson and Greg Hayes). This is a request for a tattoo studio in a 1200 square foot suite within an existing commercial center at 612 Nevan Road. The building is attractive with a brick fagade. Information containing letters in SUPPORT and articles re the Olympic Champ Carly Patterson and her tattoos and the Hampton Roads Magazine section re a tattoo parlor are made apart of the record. There will be no neon lighting, or tattoo selections posted on the walls of the business. The suite will be built out and furnished as an upscale hair salon. Tattoo selections will be made from a computer screen. Mark Gilbert, 612 Nevan Road #114, Phone: 428-0200, owner of the commercial center on Nevan Road, spoke in SUPPORT. Ann Kaplan, 2244 General Booth Boulevard, Phone: 472-6767, registered in OPPOSITION and read the correspondence of Attorney Gary C. Byler who agreed with local businesses that the Hilltop area is not a proper location for the tattoo saloon. Copies of correspondence from fourteen (14) individuals and businesses who had filed written objections to the Conditional Use Permit are made a part of the record. Upon motion by Councilman Wood, seconded by Councilman Villanueva, City Council ADOPTED an Ordinance upon application of VIRGINIA BEACH INR Conditional Use Permit re a tattoo studio at 612 Nevan Road. ORDINANCE UPON APPLICATION OF VIRGINIA BEACH INK, CONDITIONAL USE PERMIT (TATTOO STUDIO), 612 NEVAN ROAD, L YNNHA FEN DISTRICT R090835297 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of VIRGINIA BEACH INK, for a Conditional Use Permit (tattoo studio), 612 Nevan Road, (GPIN.- 24078854840000). LYNNHAVEN DISTRICT. The following conditions shall be required. - The Conditional Use Permit for a tattoo establishment is approved for a period of one (1) year with an administrative review every year thereafter. 2. A business license shall not be issued to the applicant without the approval of the Health Departmeni for consistency with the provisions of Chapter 23 of the City Code. 3. No sign, more than four (4) square feet of the entire glass area of the exterior wall(s), shall be permitted on the windows. There shall be no other signs, including neon signs or neon accents, installed on any wall area of the exterior of the building, windows and/or doors. 4. The actual tattooing operation on a customer shall not be visible from any public right- of-way adjacent to the establishment. 5. The hours of operation shall be 10:00 AM to 10:00 PM, Monday through Saturday and from 12: 00 PM to 8: 00 PM on Sunday. September 23, 2008 IN, C fir, NUb's. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: BEN JOHNSON, Modification of Conditions, 612 Nevan Road. (GPIN 2407885484). LYNNHAVEN DISTRICT. MEETING DATE: September 28, 2010 ■ Background: The applicant is requesting a modification to the conditions of a Use Permit for a tattoo parlor with body piercing and permanent make-up applications in order to expand into site 104. The Conditional Use Permit permitting a tattoo parlor was approved by the City Council on September 23, 2008 and modified on April 28, 2009 to also allow permanent make-up applications and body piercing. That Conditional Use has five (5) conditions: 1. The Conditional Use Permit for a tattoo establishment with body piercing and permanent make-up applications is approved for a period of one year with an administrative review every year thereafter. 2. A business license shall not be issued to the applicant without the approval of the Health Department of consistency with the provisions of Chapter 23 of the City Code. 3. No sign more than four (4) square feet of the entire glass area of the exterior wall(s) shall be permitted on the windows. There shall be no other signs, including neon signs or neon accents, installed on any wall area of the exterior of the building, windows, and /or doors. 4. The actual tattooing operation, body piercing, or permanent make-up application on a customer shall not be visible from any public right-of-way adjacent to the establishment. 5. The hours of operation shall bel 0:00 a.m. to 10:00 p.m. Monday through Saturday and from 12:00 p.m. to 8:00 p.m. on Sunday. Condition 1 allows a conditional use permit for a tattoo establishment, body piercing and permanent make-up applications in suite 106. The applicant is requesting revision of the conditional use permit to expand the use to include the adjacent Suite 104. ■ Considerations: The request for a Modification of Conditions to allow body piercing at this location, suite 104, is acceptable. The business is compatible with the adjacent businesses and is in conformance with the Comprehensive Plan's Ben Johnson Page 2of2 recommendations for this area. There is sufficient parking on the site for the proposed use. Staff recommends approval of this requested modification, as conditioned below. There was no opposition to the request. ■ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request to the City Council with the following conditions: 1. All conditions with the exception of Number 1 attached to the Conditional Use Permit granted by the City Council on September 23, 2008 remain in affect. 2. Condition Number 1 of the September 23, 2008 Conditional Use Permit is deleted and replaced with the following: The Conditional Use Permit for a tattoo establishment with body piercing and permanent make-up applications in suites 106 and 104 is approved for a period of one year with an administrative review every year thereafter. ■ 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 s S k , eat AtodffkationofCondion= 9 August 11, 2010 Public Hearing APPLICANT: BENJOHNSON PROPERTY OWNER: MARK GILBERT STAFF PLANNER: Robert Davis REQUEST: Modification of Conditional Use Permit approved by the City Council on September 23, 2008, modified by City Council on April 28, 2009. ADDRESS / DESCRIPTION: 612 Nevan Road, Suites 106 and 104 GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 240788548480000 5 - Lynnhaven Site: 1.163 acres Greater than75 dB DNL Lease Area: 2,400 surrounding Oceana. SUMMARY OF REQUEST The applicant is requesting a modification to the conditions of a Use Permit for a tattoo parlor with body piercing and permanent make-up applications in order to expand into site 104. The Conditional Use Permit permitting a tattoo parlor was approved by the City Council on September 23, 2008 and modified on April 28, 2009 to also allow permanent make-up applications and body piercing. That Conditional Use has five (5) conditions: 1. The Conditional Use Permit for a tattoo establishment with body piercing and permanent make-up applications is approved for a period of one year with an administrative review every year thereafter. 2. A business license shall not be issued to the applicant without the approval of the Health Department of consistency with the provisions of Chapter 23 of the City Code. 3. No sign more than four (4) square feet of the entire glass area of the exterior wall(s) shall be permitted on the windows. There shall be no other signs, including neon signs or neon accents, installed on any wall area of the exterior of the building, windows, and /or doors. 4. The ,actual tattooing operation, body piercing, or permanent make-up application on a customer shall not be visible from any public right-of-way adjacent to the establishment. 5. The hours of operation shall be10:00 a.m. to 10:00 p.m. Monday through Saturday and from 12:00 p.m. to 8:00 p.m. on Sunday. Condition 1 allows a conditional use permit for a tattoo establishment, body piercing and permanent make-up applications in suite 106. The applicant is requesting revision of the conditional use permit to expand the use to include the adjacent suite 104. LAND USE AND PLAN INFORMATION EXISTING LAND USE: Retail commercial strip center SURROUNDING LAND North: . Retail shops / B-2 Community Business District USE AND ZONING: South: . Across Industrial Park Avenue / B-2 Community Business District East: . Vacant property and office -warehouse / B-2 Community Business District West: . Across Nevan Road is a bank / B-2 Community Business District NATURAL RESOURCE AND The majority of the site is developed with a structure and parking lot CULTURAL FEATURES: resulting in an impervious surface. There are no significant natural resources or cultural features associated with this site. COMPREHE14SIVE PLAN: The Comprehensive Plan identifies this site as being in Hilltop - Strategic Growth Area 7. The site is located in the portion of Hilltop located north of 1-264 marked by four large retail quadrants that have additional development potential. Though this area is located within a high noise zone, it is a good candidate for redevelopment and reinvestment because of its existing commercial strength and its proximity to the Oceanfront Resort Area, NAS Oceana, and the 1-264 Interchange. IMPACT ON CITY SERVICES TRAFFIC: There will be no significant increase in traffic due to this modification. WATER and SEWER: This site is connected to City water and sewer. FIRE DEPARTMENT: No comments at this time. POLICE: No additional comments at this time HEALTH DEPARTMENT: The owner of the tattoo parlor must secure a permit from the Health Department prior to beginning the additional operations. EVALUATION AND RECOMMENDATION The request for a Modification of Conditions to allow body piercing at this location, suite 104, is acceptable. The business is compatible with the adjacent businesses and is in conformance with the Comprehensive Plan's recommendations for this area. There is sufficient parking on the site for the proposed use. Staff recommends approval of this requested modification, as conditioned below. CONDITIONS 1. All conditions with the exception of Number 1 attached to the Conditional Use Permit granted by the City Council on September 23, 2008 remain in affect. 2. Condition Number 1 of the September 23, 2008 Conditional Use Permit is deleted and replaced with the following: The Conditional Use Permit for a tattoo establishment with body piercing and permanent make-up applications in suites 106 and 104 is approved for a period of one year with an administrative review every year thereafter. NOTE. Further conditions may be required during the administration of applicable City Ordinances and Standards. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. BEN JOHNSON ti ,-Agenda Item 9 Pa je 3 cz� Existing / Suite 106 Proposed / Suite 104 PROPOSED SITE PLAN SUITES 106.AND 104 PHOTOGRAPH OF WD hot to Sear T1 T 7 4, on 0004 E a:2 Modification of Conditions 1 04/28/09 Modification of Conditions Granted 09/23/08 Conditional Use Permit (tattoo Granted studio 2 12/07/99 Enlargement of a Non -conforming Granted use :2' DISCLOSURE STATEMENT -4 APPLICANT DISCLOSURE ~ If the applicant is a corporation, partnership, firm, business, or other ♦ PP +P P P. unincorporated organization, complete the following: y 1. List the applicant name followed by the names of all officers, members, trustees, 1 partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ❑ Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) CYN a-,rk G- i 6 art 2. List all businesses that have a parent -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. & 2 See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes No If yes, what is the name of the official or employee and the nature of their interest? Modi5tation of Condgions Application Page 10 of 11 Revised 71=7 BEN JOF Agenda N 8 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) �411Q•7►Z _►ri .�iii►M�T�iia a -Y& 1 "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (nil) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. Applicants g ure Print Name Pr rty is Signature (if different than applicant) Print Name ModlM atwn of Conditions Application Page 11 of 11 Revised 7/3/2007 DISCLOSURE STATEMENT ON �9 age 9 BSN JOHN ,Agenda ! P Item #9 Ben Johnson Modification of Conditions 612 Nevan Road District 5 Lynnhaven August 11, 201 D APPROVED - CONSENT GPIN.• 24078854840000 An application of Ben Johnson for a Modification of Conditions on property located at 612 Nevan Road. CONDITIONS 1. All conditions with the exception of Number 1 attached to the Conditional Use Permit granted by the City Council on September 23, 2008 remain in effect. 2. Condition Number 1 of the September 23, 2008 Conditional Use Permit is deleted and replaced with the follc)wing: The Conditional Use Permit for a tattoo establishment with body piercing and permanent make-up applications in suites 106 and 104 is approved for a period of one year with an administrative review every year thereafter. Eddie Bourdon appeared on behalf of the applicant Ben Johnson. ABSENT 0 By a vote of 11-0, the Board has approved the application of Ben Johnson. AYE 11 NAY 0 ABS 0 ANDERSON AYE BERNAS AYE FELTON AYE HENLEY AYE HORSLEY AYE KATSIAS AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE ABSENT 0 By a vote of 11-0, the Board has approved the application of Ben Johnson. SNOW l l fjf 45 NMI i 4 i "I rIm� •.f eM be oz e: f, r WMWACWP^--�. . u .s CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CAVALIER GOLF & YACHT CLUB C/O JOHN MILLESON, SR., Conditional Use Permit, outdoor recreational facility, 1052 Cardinal Road (GPIN 2418246584). LYNNHAVEN DISTRICT. MEETING DATE: September 28, 2010 ■ Background: The applicant requests a Conditional Use Permit to allow modifications to the site for the construction of the flowing items: • A sidewalk along the northern and western sides of clubhouse and a cart path on western side of clubhouse; • A second floor deck on northern and western side of clubhouse, and a building addition on western and southern sides of clubhouse; • Relocation of the cooling tower and the addition of a grease recycle container and a recycle container; • The addition of a loading dock; • A dumpster pad with retaining wall on eastern side of clubhouse / marina parking lot; and • Four inflatable tennis court enclosures. The existing Birdneck Point subdivision and golf course were platted and recorded in the Princess Anne County Clerk's office in June 1926, with the golf club opening in 1930. The first Conditional Use Permit for the subject site was obtained in 1969 to allow dining facilities to be added to the already existing golf course and boating facilities. In 1988, a Use Permit to expand the marina from 45 to 63 slips was approved. The parking lot was also approved for expansion to 324 spaces, but all of these spaces were not added at the time. In 1991, a Use Permit was approved to construct a floating dock parallel to the bulkhead behind the clubhouse. In 1996, approval was granted to expand the clubhouse, and one year later, approval was granted to expand the tennis courts and parking lot. On May 23, 2000, City Council granted approval to close Cardinal Road north of Oriole Drive. The Chesapeake Bay Area Preservation Board granted a variance on May 24, 2010 for demolition of the sidewalk along the northern and western sides of clubhouse; a patio area on the northern side of the clubhouse; a service entrance / loading / dumpster area; and construction of a sidewalk along the northern and Cavalier Golf & Yacht Club Page 2 of 5 western sides of clubhouse; a second floor deck on the northern and western sides of clubhouse; a building addition on western and southern side of clubhouse; to relocate a cooling tower; a grease recycle container; a recycle container; a loading dock; a cart path on western side of clubhouse; a dumpster pad with retaining wall on eastern side of clubhouse / marina parking lot; four inflatable tennis court enclosures; and synthetic turf on northern side of clubhouse with the following conditions: 1. A pre -construction meeting shall be held with the CBPA Inspector prior to any land disturbance, including demolition. 2. Wire reg -enforced 36" erosion and sedimentation control measures (silt fences), shall be installed along the seaward portion of the project prior to any land disturbance and shall remain in place until such time as vegetative cover is established. Said silt fence shall be installed along the kick plate of the bulkhead. Best management practices for erosion and sediment control shall be employed during restoration activities to protect adjacent wetlands and shorelines of water bodies. 3. Permanent and / or temporary soil stabilization measures as determined by staff shall be, applied to all disturbed / denuded area(s) prior to a final civil / building inspection or certificate of occupancy. 4. Construction limits shall lay a maximum of 10' outboard of improvements on the western, eastern and southern portions of the project. The limits of construction on the northern portion of the site shall lie at the kick plate of the bulkhead (installation of synthetic turf area). 5. The construction access way shall be noted on the site plan, as well as the stockpile / staging area. 6. Under deck treatment of sand and gravel shall be installed. 7. Areas that are currently in a natural state, shall remain in a natural state to include the forest floor (leaf litter) left intact. 8. A separate landscape / buffer restoration plan shall be submitted concurrent with the site plan detailing location, number, and species of vegetation to be installed. The landscape plan shall clearly delineate existing naturalized (trees, landscaping and mulched organic surfaces) areas, planting beds, and turf zones. 9. A revised site plan shall be submitted to the Department of Planning, Development Services Center for review and approval prior to the issuance of a building permit. Site Specific Conditions: 10. The conditions and approval associated with this variance are based on the site plan sealed April 19, 2010 by Bruce W. Gallup, prepared by Gallup Surveyors and Engineers Ltd. 11. *Stormwater runoff from proposed new impervious cover shall be conveyed to stormwater management facilities. Stormwater facilities shall be installed prior to the certificate of occupancy or release of the building permit. Cavalier Golf & Yacht Club Page 3 of 5 12. **As offered by the applicant, payment shall be made to the Lynnhaven Oyster Heritage Program concurrent with site plan approval. Payment shall be in the amount of $825.00 and is based on 25% of the proposed impervious cover within the RPA, inclusive of the variable width portion of the buffer. Said payment shall provide for the equivalent of an approximate 900 sq. ft., 12 -inch deep oyster shell plant within the Lynnhaven River Basin. 13. Buffer restoration shall be installed equal to 200% of the proposed new impervious cover within the RPA (7,202 sq. ft.) and shall install the full complement of vegetation consisting of canopy trees, understory trees, shrubs and groundcovers consistent with the Riparian Buffers Modification & Mitigation Guidance Manual, prepared by Virginia Dept. of Conservation & Recreation, Chesapeake Bay Local Assistance. The required restoration shall be in areas currently devoted to turf and shall have a mulch layer of organic material 4" — 6" in depth. Said mulched restoration areas shall be maintained and not removed or allowed to revert to turf in the future. The required trees shall be comprised of 50% deciduous and 50% evergreen species. Said restoration shall be installed prior to the issuance of the certificate of occupancy or release of the building permit. 14. Buffer restoration shall be installed equal to 100% of the proposed area of redevelopment within the RPA (8,625 sq. ft.) and shall install the full complement of vegetation consisting of canopy trees, understory trees, shrubs and groundcovers consistent with the Riparian Buffers Modification & Mitigation Guidance Manual, prepared by Virginia Dept. of Conservation & Recreation, Chesapeake Bay Local Assistance. The required restoration shall be in areas currently devoted to turf and shall have a mulch layer of organic material 4" — 6" in depth. Said mulched restoration areas shall be maintained and not removed or allowed to revert to turf in the future. The required trees shall be comprised of 50% deciduous and 50% evergreen species. Said restoration shall be installed prior to the issuance of the certificate of occupancy or release of the building permit. In lieu of 100% restoration for redevelopment areas, a 10% reduction in pollutant removal load is acceptable via a structural BMP. ■ Considerations: Staff recommends approval of this request with the conditions below. The applicant proposes several additions and alterations to the site such as a second floor deck on the northern and western sides of clubhouse, and a building addition on the western and southern sides of clubhouse; relocation of the cooling tower and the addition of a grease recycle container and a recycle container; the addition of a loading dock; a dumpster pad with retaining wall on eastern side of clubhouse / marina parking lot; and four inflatable tennis court enclosures. Cavalier Golf & Yacht Club Page 4of5 The building additions are to expand the kitchen facilities and reconfigure the inside of the inside of the building for improved efficiency in the club operations. The four inflatable tennis court bubble enclosures are similar in appearance to the existing tennis court bubbles at the Princess Anne Country Club at the Oceanfront. The bubbles will enclose the four existing courts from November 1St through April 1 st each year, and will be open for play during the hours of 8:00 am through 9:00 pm. The bubbles will not exceed 35 -feet in height and the roofs of the bubbles will be green in order to blend with existing vegetation. Staff finds the request is acceptable. It is part of an overall long term plan to improve the clubhouse and tennis court facilities. The request is compatible with the existing uses in the immediate area and will not cause detriment to those uses. Therefore staff recommends approval. There was one opposition to the request. ■ Recommendations: The Planning Commission, passing a motion by a recorded vote of 11-0, recommended approval of this request to the City Council with the following conditions: 1. The site shall be developed substantially in accordance with the Chesapeake Bay Area Preservation Board variance conditions approved May 24, 2010. Said variancE11 information is on file in the Virginia Beach Planning Department. 2. Additions and alterations to the clubhouse facilities shall substantially adhere to the submitted plans titled "Upper Level Existing and New Work, Lower Level Existing and New Work, and North and West Elevation Cavalier Golf & Yacht Club", prepared by Tymoff + Moss Architects. Said plans have been exhibited to the Virginia Beach City Council and are on file in the Planning Department. 3. Site improvements shall substantially adhere to the submitted plans entitled "CBPA Variance Exhibit, Parcel A, Re -subdivision of Property of Cavalier Golf & Yacht Club", dated March 30, 2010, and prepared by Gallup Surveyors & Engineers, LTD. Said plans have been exhibited the Virginia Beach City Council and are on file in the Planning Department. 4: The four inflatable tennis court enclosures shall only be on the site November 1 St through April 1St yearly. The inflatable enclosures shall be -green in color so as to blend with the existing ve-getation. The applicant shall obtain all necessary building permits, inspections, and a Certificate of Occupancy from the Permits and Inspections division of the Planning Department before occupying the enclosures. During the months of November 1 st through April 1 st the hours of operation shall be 8:00 am through 9:00 pm. Cavalier Golf & Yacht Club Page 5of5 5. The applicant shall plant evergreen trees and shrubs along the eastern side of the entrance road to the clubhouse. The applicant shall work with Current Planning staff to determine an appropriate planting plan. The applicant shall install the plants as soon as possible upon approval by the City Council of this request. ■ 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: Li-` ias ahnr C`nlf X, Z'11ht f-11-1 1t8ttl�k, ELECTION DISTRICT: SITE SIZE: AICUZ: 24182465840000 '• R40` 65-70 dB DNL 3 — �J s $6if11; e� %/ o / yR }240. R40, 3 n$ CUP - Outdoor Recreation Fucflity REQUEST: Conditional Use Permit (outdoor recreational facility) ADDRESS / DESCRIPTION: 1052 Cardinal Road August 11, 2010 Public Hearing APPLICANT AND PROPERTY OWNER: CAVALIER GOLF AND YACHT CLUB STAFF PLANNER: Faith Christie GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 24182465840000 LYNNHAVEN 22.784 acres 65-70 dB DNL SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to allow modifications to the site for the construction of the flowing items: • A sidewalk along the northern and western sides of clubhouse and a cart path on western side of clubhouse; • A second floor deck on northern and western side of clubhouse, and a building addition on western and southern sides of clubhouse; • Relocation of the cooling tower and the addition of a grease recycle container and a recycle container; • The addition of a loading dock; • A duripster pad with retaining wall on eastern side of clubhouse / marina parking lot; and • Four inflatable tennis court enclosures. The existing E4irdneck Point subdivision and golf course were platted and recorded in the Princess Anne County Clerk's office in June 1926, with the golf club opening in 1930. The first Conditional Use Permit for the subject site was obtained in 1969 to allow dining facilities to be added to the already existing golf course and boating facilities. In 1988, a Use Permit to expand the marina from 45 to 63 slips was approved. The parking lot was also approved for expansion to 324 spaces, but all of these spaces were not added at the time. In 1991, a Use Permit was approved to construct a floating dock parallel to the CAVALIER GOLF & YACHT CLUB Agenda Item 6 Page 1 bulkhead behind the clubhouse. In 1996, approval was granted to expand the clubhouse, and one year later, approval was granted to expand the tennis courts and parking lot. On May 23, 2000, City Council granted approval to close Cardinal Road north of Oriole Drive. The Chesapeake Bay Area Preservation Board granted a variance on May 24, 2010 for demolition of the sidewalk along the northern and western sides of clubhouse; a patio area on the northern side of the clubhouse; a service entrance / loading / dumpster area; and construction of a sidewalk along the northern and western sides of clubhouse; a second floor deck on the northern and western sides of clubhouse; a building addition on western and southern side of clubhouse; to relocate a cooling tower; a grease recycle container; a recycle container; a loading dock; a cart path on western side of clubhouse; a dumpster pad with retaining wall on eastern side of clubhouse / marina parking lot; four inflatable tennis court enclosures; and synthetic turf on northern side of clubhouse with the following conditions: 1. A pre -construction meeting shall be held with the CBPA Inspector prior to any land disturbance, including demolition. 2. Wire re -enforced 36" erosion and sedimentation control measures (silt fences), shall be installed along the seaward portion of the project prior to any land disturbance -and shall remain in place until such time as vegetative cover is established. Said silt fence shall be installed along the kick plate of the bulkhead. Best management practices for erosion and sediment control shall be employed during restoration activities to protect adjacent wetlands and shorelines of water bodies. 3. Permanent and / or temporary soil stabilization measures as determined by staff shall be applied to all disturbed / denuded area(s) prior to a final civil / building inspection or certificate of occupancy. 4. Construction limits shall lay a maximum of 10' outboard of improvements on the western, eastern and southern portions of the project. The limits of construction on the northern portion of the site shall lie at the kick plate of the bulkhead (installation of synthetic turf area). 5. The construction access way shall be noted on the site plan, as well as the stockpile / staging area. 6. Under deck treatment of sand and gravel shall be installed. 7. Areas that are currently in a natural state, shall remain in a natural state to include the forest floor (leaf litter) left intact. 8. A separate landscape / buffer restoration plan shall be submitted concurrent with the site plan detailing location, number, and species of vegetation to be installed. The landscape plan shall clearly delineate existing naturalized (trees, landscaping and mulched organic surfaces) areas, planting beds, and turf zones. 9. A revised site plan shall be submitted to the Department of Planning, Development Services Center for review and approval prior to the issuance of a building permit. Site Specific Conditions: 10. The conditions and approval associated with this variance are based on the site plan sealed April 19, 2010 by Bruce W. Gallup, prepared by Gallup Surveyors and Engineers Ltd. 11. *Stormwater runoff from proposed new impervious cover shall be conveyed to stormwater management facilities. Stormwater facilities shall be installed prior to the certificate of occupancy or release of the building permit. 12. **As offered by the applicant, payment shall be made to the Lynnhaven Oyster Heritage Program concurrent with site plan approval. Payment shall be in the amount of $825.00 and is based on 25% of the proposed impervious cover within the RPA, inclusive of the variable width portion of the buffer. Said payment shall provide for the equivalent of an approximate 900 sq. ft., 12 -inch deep oyster shell plant within the Lynnhaven River Basin. CAVALIER GOLF & YACHT CLUB Agenda item 6 Page 2 13. Buffer restoration shall be installed equal to 200% of the proposed new impervious cover within the RPA (7,202 sq. ft.) and shall install the full complement of vegetation consisting of canopy trees, understery trees, shrubs and groundcovers consistent with the Riparian Buffers Modification & Mitigatiol Guidance Manual, prepared by Virginia Dept. of Conservation & Recreation, Chesapeake Bay Local Assistance. The required restoration shall be in areas currently devoted to turf and shall have a mulch layer of organic material 4" — 6" in depth. Said mulched restoration areas shall be maintained and not removed or allowed to revert to turf in the future. The required trees shall be comprised of 50% deciduous and 50% evergreen species. Said restoration shall be installed prior to the issuance of the certificate of occupancy or release of the building permit. 14. Buffer restoration shall be installed equal to 100% of the proposed area of redevelopment within the RPA (8,625 sq. ft.) and shall install the full complement of vegetation consisting of canopy trees, understory trees, shrubs and groundcovers consistent with the Riparian Buffers Modification & Mitigation Guidance Manual, prepared by Virginia Dept. of Conservation & Recreation, Chesapeake Bay Local Assistance. The required restoration shall be in areas currently devoted to turf and shall have a mulch layer of organic material 4" — 6" in depth. Said mulched restoration areas shall be maintained and not removed or allowed to revert to turf in the future. The required trees shall be comprised of 50% deciduous and 50% evergreen species. Said restoration shall be installed prior to the issuance of the certificate of occupancy or release of the building permit. In lieu of 100% restoration for redevelopment areas, a 10% reduction in pollutant removal load is acceptable via a structural BMP. LAND USE AND PLAN INFORMATION EXISTING LAND USE: The site is developed with a golf course, clubhouse, tennis court, parking area and marina facilities. The site lies along Linkhorn Bay, a tributary of the Lynnhaven River and is stabilized with turf, trees and many plantings. SURROUNDING LAND North: . Little Neck Creek USE AND ZONING: South: . Oriole Drive • Across Oriole Drive are single-family dwellings and a portion of the Cavalier Golf and Yacht Club golf course / R-40 Residential East: . Cavalier Golf and Yacht Club marina / R-40 Residential West: . Bobolink Drive • Across Bobolink Drive are single-family dwellings / R-40 Residential NATURAL RESOURCE AND Mature landscaping and trees exist on the site. The site is within both CULTURAL FEATURES: the Resource Protection and Resource Management areas of the Chesapeake Bay Preservation Area. COMPREHE14SIVE PLAN: The Comprehensive Plan designates this site as being within the Suburban Area. The Comprehensive Plan states that the Suburban Area consists of predominately low-density residential subdivisions, shopping centers, office complexes, employment centers & industrial parks and includes open space and transportation networks. The. Plan places emphasis on protecting the overall character, economic value and aesthetic quality of the stable neighborhoods in the Suburban Area. CAVALIER GOLF & YACHT CLUB Agenda Item 6 Page 3 CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Cardinal Road provides direct access to this site within the Cavalier Yacht and Country Club neighborhood, and is a two-lane local street. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Cardinal Road 1,600 ADT 9,900 ADT Existing Land Use — 21 ADT (1 peak hour) Proposed Land Use 3-- 21(1 peak hour Average Daily Trips as defined by the existing golf course, marina, tennis courts, and clubhouse ' as defined by the existing golf course, marina, tennis courts, and clubhouse WATER: There is a six-inch water line in Cardinal Drive and an eight -inch line in Oriole Drive fronting the property. There is an eight -inch water main in Bobolink Drive fronting a portion of the west side of the property. This site has an existing water meter that may be used. SEWER: There is a four -inch sanitary sewer force main in Bobolink Drive fronting a portion of the west side of the property. There is an eight -inch sanitary sewer main extending onto the property from Bobolink Drive. There is an eight -inch sanitary sewer main in Oriole Drive fronting the property. There is a four -inch sanitary sewer force main in Oriole Drive fronting the property. EVALUATION AND RECOMMENDATION Staff recommends approval of this request with the conditions below. The applicant proposes several additions and alterations to the site such as a second floor deck on the northern and western sides of clubhouse, and a building addition on the western and southern sides of clubhouse; relocation of the cooling tower and the addition of a grease recycle container and a recycle container; the addition of a loading dock; a dumpster pad with retaining wall on eastern side of clubhouse / marina parking lot; and four inflatable tennis court enclosures. The building additions are to expand the kitchen facilities and reconfigure the inside of the inside of the building for improved efficiency in the club operations. The four inflatable tennis court bubble enclosures are similar in appearance to the existing tennis court bubbles at the Princess Anne Country Club at the Oceanfront. The bubbles will enclose the four existing courts from November 1st through April 1st each year, and will be open for play during the hours of 8:00 am through 9:00 pm. The bubbles will not exceed 35 -feet in height and the roofs of the bubbles will be green in order to blend with existing vegetation. CAVALIER GOLF &YACHT CLUB Agenda Item 6 Page 4 Staff finds the request is acceptable. It is part of an overall long term plan to improve the clubhouse and tennis court facilities. The request is compatible with the existing uses in the immediate area and will not cause detriment to those uses. Therefore staff recommends approval. CONDITIONS 1. The ;site shall be developed substantially in accordance with the Chesapeake Bay Area Preservation Board variance conditions approved May 24, 2010. Said variance information is on file in the Virginia Beach Planning Department. 2. Additions and alterations to the clubhouse facilities shall substantially adhere to the submitted plans titled "Upper Level Existing and New Work, Lower Level Existing and New Work, and North and West Elevation Cavalier Golf & Yacht Club", prepared by Tymoff + Moss Architects. Said plans have been exhibited to the Virginia Beach City Council and are on file in the Planning Department. 3. Site improvements shall substantially adhere to the submitted plans entitled "CEPA Variance Exhibit, Parcel A, Re -subdivision of Property of Cavalier Golf & Yacht Club", dated March 30, 2010, and prepared by Gallup Surveyors & Engineers, LTD. Said plans have been exhibited the Virginia Beach City Council and are on file in the Planning Department. 4. The four inflatable tennis court enclosures shall only be on the site November 1St through April 1St yearly. The inflatable enclosures shall be preen in color so as to blend with the existing vegetation. The applicant shall obtain all necessary building permits, inspections, and a Certificate of Occupancy from the Permits and Inspections division of the Planning Department before occupying the enclosures. During the months of November 1St through April 1s' the hours of operation shall be 8:00 am through 9:00 pm. 5. The applicant shall plant evergreen trees and shrubs along the eastern side of the entrance road to the clubhouse. The applicant shall work with Current Planning staff to determine an appropriate Ip anting plan. The applicant shall install the plants as soon as possible upon approval by the Citv Council of this request. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, ,are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. CAVALIER GOLF &YACHT CLUB Agenda Item 6 Page 5 AERIAL OF SITE LOCATION CAVALIER GOLF & YACHT CLUB Agenda Item 6 Page 6 ILI M-=.. LINKHORN BAY n.� satyr —200 t."M- V, no 19 tot 2tt 30 .0. 4 Ar ++4V, TU-0 .,An vn ly qMkONSEV2VY-AM—NS - SEE SHEET C2 FOR DEMOLITION PLAN SEE SHEET C3 FOR SITE PLAN pyl?;TER PAlk,IELOCATION SEE SHEET C4 FOR WE PLAN SEE SHEET C4 FOR SITE PLAN CAMAR GOV A yAcmf ATM .0. Mufso. CAMOW 43, ww VAG WAM VA 73451 iii I ! 0 C i i ZIC'� 'o Q c W 1 9! x I PROPOSED SITE PLAN CAVALIER GOLF & YACHT CLUB Agenda Item 6 Page 8 PROPOSEDARTIAL SITE LAYOUT k z uj « ■ j § § § § PROPOSED CLUBHOUSE ALTERATION\y CAVALIER GOLF &YACHT \ Agenda + PROPOSED CLUBHOUSE ALTERATIONS CAVALIER GOLF & YACHT CLUB Agenda Item 6 Page 12 8SOVA+A40WAA1 I PROPOSED CLUBHOUSE ALTERATIONS CAVALIER GOLF & YACHT CLUB Agenda lte'm 6 Page 14 K,L-S t' Ax- djer Gaff &, A"Acht Chi CUP - Outdoor Recreation Facility The existing subdivision and golf course were platted and recorded in the County Clerk's Office in June 1926, with the golf club opening in 1930. The following actions have been approved for the site: 5/26/09 — Street Closure - Approved 4/8/08 — Conditional Use Permit (Communication Tower) — Approved 7/10/07 — Conditional Use Permit (Golf Course Maintenance Facility) — Denied 5/23/00 — Street Closure — Approved 1/28/97 — Conditional Use Permit (Tennis Courts and Parking) — Approved 1/23/96 - Conditional Use Permit (Golf Course — Expansion of Clubhouse) — Approved 1/8/91 - Conditional Use Permit (Floating Dock) —Approved 3/14/88 - Conditional Use Permit (Marina Expansion) - Approved 1/13/69 - Conditional Use Permit (Dining Facilities) - Approved ZONING HISTORY CAVALIER GOLF & YACHT CLUB Agenda Its 6 Page 16 [[DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated ort3anization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) See attached "Resolution". 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ❑ Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ❑ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. See next page for footnotes Doers an official or employee of the City of Virginia Beach have an interest in the subject land? Yes No X If yes, what is the name of the official or employee and the nature of their interest? Conditknal Use Permit Application Page 9 of 10 Revisec 7/3/2007 DISCLOSURE STATEMENT. CAVALIER GOLF & YACHT CI Agenda It( Peg, DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) Gallup Surveyors & Engineers, Ltd. Governmental Permitting Consultant - Billy Garrinaton ' "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: i certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. az��1 'I �/�� n cJ • of -r, Appt� n s ature Print Name Property Owner's Signature (if different than applicant) Print Name Conditional Use Permit Application Page 10 of 10 Revised 7/3/2007 DISCLOSURE STATE NT Item #6 Cavalier Golf & Yacht Club C/O John Milleson Conditional Use Permit 1052 Cardinal Riad District 5 Lynnhaven August 11, 2010 APPROVED CONDITIONS 2. The site shall be developed substantially in accordance with the Chesapeake Bay Area Preservation Board variance conditions approved May 24, 2010. Said variance information is on file in the Virginia Beach Planning Department. 3. Additions and alterations to the clubhouse facilities shall substantially adhere to the submitted plans titled "Upper Level Existing and New Work, Lower Level Existing and New Work, and North and West Elevation Cavalier Golf & Yacht Club", prepared by Tymoff + Moss Architects. Said plans have been exhibited to the Virginia Beach City Council and are on file in the Planning Department. 4. Site improvements shall substantially adhere to the submitted plans entitled "CBPA Variance Exhibit, Parcel A, Re- subdivision of Property of Cavalier Golf & Yacht Club", dated March 30, 2010, and prepared by Gallup Surveyors & Engineers, LTD. Said plans have been exhibited the Virginia Beach City Council and are on file in the Planning Department. 5. The four inflatable tennis court enclosures shall only be on the site November 151 through April V yearly. The inflatable enclosures shall be green in color so as to blend with the existing vegetation. The applicant shall obtain all necessary building permits, inspections, and a Certificate of Occupancy from the Permits and Inspections division of the Planning Department before occupying the enclosures. During the months of November 151 through April 0 the hours of operation shall be 8:00 am through 9:00 pm. 6. The applicant shall plant evergreen trees and shrubs along the eastern side of the entrance road to the clubhouse. The applicant shall work with Current Planning staff to determine an appropriate planting plan. The applicant shall install the plants as soon as possible upon approval by the City Council of this request. GPIN: 24182465840000 An application of Cavalier Golf & Yacht Club for a Conditional Use Permit for a outdoor recreational facility on property located at 1052 Cardinal Road. 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 Cavalier Golf & Yacht Club August 11, 2010 Page 2 STRANGE AYE By a vote of 11-0, the Board has approved the application of Cavalier Golf & Yacht Club. Billy Garrington spoke on behalf of the applicant. William Needham spoke in opposition to the application. LL Ak iz 4f ioL 9 1l Mil �qkqbqm CIN OF VIRGINIA BEACH AGENDA ITEM ITEM: GAIL HARTS PERFORMING ARTS GROUP, INC./TIBBITT PROPERTIES ACREDALE, L.L.C., Conditional Use Permit, indoor recreation facility, 5224 Indian River Road, Suite 113-116 (GPIN 1465472824). KEMPSVILLE DISTRICT. MEETING DATE: September 28, 2010 ■ Background: The applicant requests a Conditional Use Permit to allow a dance studio to occupy a 2,400 square foot unit within an existing building. The typical hours of operation are Monday through Thursday, 5:30 p.m. to 8:30 p.m. and Saturday from 9:00 a.m. to 6:00 p.m. with up to 20 students per class. Students are ages 2 years old and up. All genres of dance are taught to both male and female dancers. ■ Considerations: Staff recommends approval of this request for a Conditional Use Permit for an indoor recreation facility (dance studio) at this location. There is ample parking available on the site and the use is compatible with existing uses on the property and in the vicinity. It is Staffs opinion that this use will not pose any negative impact for surrounding uses in the commercial center or surrounding properties. The dance studio will be a positive addition to this site and approval is recommended. There was no opposition to the request. ■ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request to the City Council. ■ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Gail Harts Performing Arts Group, Inc. Page 2 of 2 Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: S 1 .'::�QbY twatt starts `�. �.! Oar - %✓j' rmmg Arts kirau t, InC. PDHI .. R1 �\ / PDH1 , CUP - indoor Retrealio" Faeft) REQUEST: Conditional Use Permit (indoor recreation facility) ADDRESS / DESCRIPTION: 5224 Indian River Road 7 August 11, 2010 Public Hearing APPLICANT: GAIL HARTS PERFORMING ARTS GROUP, INC PROPERTY OWNER: TIBBITT PROPERTIES ACREDALES, LLC STAFF PLANNER: Carolyn A.K. Smith GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14654728240000 KEMPSVILLE 6.0 acres Less than 65 dB DNL 2,400 SF (lease space) SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to allow a dance studio to occupy a 2,400 square foot unit within an existing building. The typical hours of operation are Monday through Thursday, 5:30 p.m. to 8:30 p.m. and Saturday from 9:00 a.m. to 6:00 p.m. with up to 20 students per class. Students are ages 2 years old and up. All genres of dance are taught to both male and female dancers. LAND USE AND PLAN INFORMATION EXISTING LAND USE: mixed retail and office uses SURROUNDING LAND North: . Day care, church, single family / B-2 Community Business USE AND TONING: District, R-15 Residential District South: . Auto related uses / B-2 Community Business District East: . Mini warehouse / B-2 Community Business District West: . Auto related uses, single family / B-2 Community Business District, PD -H1 Planned Development District NATURAL RESOURCE AND The site is located within the Chesapeake Bay watershed. There are no CULTURAL FEATURES: significant environmental or cultural resources on the site as it is almost entirely impervious. CITY SERVICES MASTER_ TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Indian River Road in the vicinity of this application is considered a six -lane divided major urban arterial. The MTP proposes a divided fa ;ility with access control and bikeway within a 155 foot right-of-way. The 2009 Comprehensive Plan identifies Indian River Road as a key roadway in the southern corridor that links Centerville Turnpike, Lynnhaven Parkway, Ferrell Parkway, Providence Road, and Kempsville Road to 1-64. Currently, this segment of roadway is functioning over capacity at a LOS F. A roadway CIP project is slated for this area. The Indian River Road (CIP 2-011) is for construction of an eight -lane divided highway within a 190 foot right-of-way from Centerville Turnpike to Ferrell Parkway. It will include full improvements along Indian River Road at the Kempsville Road, Lake James Drive, and Thompkins Lane/Ferry Point Road intersections. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Indian River Road 64,288 ADT 26,300 ADT (Level of Existing Land Use — Service "C") — 48,200 Weekday: 26 ADT ADT' (Level of Service Saturday: 6 ADT "E") Proposed Land Use 3— Weekday: 158 ADT Saturday: 278 ADT Average Daily Trips las defined by office 3 as defined by dance studio WATER & :SEWER: This site is already connected to both City water and sewer. EVALUATION AND RECOMMENDATION Staff recommends approval of this request for a Conditional Use Permit for an indoor recreation facility (dance studio) at this location. There is ample parking available on the site and the use is compatible with existing uses on the property and in the vicinity. It is Staffs opinion that this use will not pose any negative impact for surrounding uses in the commercial center or surrounding properties. The dance studio will be a positive addition to this site and approval is recommended. NOTE. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. ti z M! 94'' eCr t Su''zz s 0v XO uzi ILw i k a s +� Cr Ir fill i m €+JJ r S f i, i 5 Proposed location p 17-9 Gail Harts Performing Arts Group, Inc. \i`J�.. )�� _ .. .� \arm( .I 1, •�x\.r'.._ � R'f~ Bin j}/�\ 1, /e/ Yf /� //J / •'�! B2 PDH1y=. • Zoning wdk coWitions Prvflers CUP - indoor Recreational Facility 1 02/23/10 MOD of Proffers to allow auto repair) Granted 2 04/10/07 CUP (church) Granted 05/29/90 CUP (automotive repair) Granted 09/28/93 CUP (automotive repair) Granted 05/13/85 CUP (outdoor storage) Granted 01/11/82 Change of Zoning R-4 to B-2 Granted 3 07/13/04 MOD of CUP (automotive repair Granted garage) 4 11/08/94 CUP car wash Granted 5 12/07/99 CUP automobile rental Granted DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, .partners, etc. below: (Attach fist if necessary) _ 2. List all businesses that have a parent -subsidiary' or affiliated business entity relationship with the applicant: (Attach list if necessary) O Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Tibbitt Propertiss Acredele LLC »> Members: 1) Deborah S. Tibbitt, 2) Nelson P. Tibbitt III, 3) Jeffrey A. TibbA 4) Christie T. Valentine, 5) Juke S. Tibbitt 2. List all businesses that have a parent -subsidiary' or affiliated business entity relationship with the applicant: (Attach fist if necessary) TbW PropettOs-Acredale LLC Is Lard to Applicant but has no other business affiliation. O Check here if the property owner is NOT a corporation, partnership, firm. business, or other unincorporated organization. & 2 See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes _ No X If yes, what is the name of the official or employee and the nature of their interest? NIA Cwt*o" Use Perm1 Appkabon ?ape s of to Rerind 75=7 DISCLOSURE GAIL HARTS PERFORMING ARTS:GROUP Agenda MENT , INC. Item 7 Page, 7 P.4 PQ cin PM 11 mm� OW l94 ICU:> IE -M-( F ---q CM') 11 DISCLOSURE STATEMENT 11 ADDITIONAL DISCLOSURES List all kniwin ccitractors or bus�sses that have or wlI provide services with respect to the requested Property use, including but nnl limited to the providers of architectural services, real estate services. financial services, accounting services, and legal services: (Attach: fist if necessary) 1,°Fereni mbsiaiary relalimuship7 trertns''a ietatiurwhip that wrists when one cc rpo ration directly or indirectly owns skives possessing more than 50 parioent of the voting pawor of anathcir corpwation °' Sac Strille and Local Govemment CortNiat of Interests Act, ba Gose § 2.2-3101. `'Affiliated bush ess entity relationship" means "a relaton", other than parent- suos'sdkiry relationship, that exists when () one business antity has a controlling ownership inter#st o the othor business. enmy, lir) a corytro g owner in tangy: entty is also a controlling awnx it the otter ertity, or (M) tilere is shared manageinant or control bew men the ousiness eryti ies Factors that showd be o,msidwed in determining the exisience of an affiROted busi ness entity relations* include that the same person or substantia thA same pawn own or manage Ore tyn wMes: there are common nr onrnrringfett itinds us essels; Etre busliess entmes share the use of the some offices aremployees or otherwise share activities, resnurces or perste on a regular lass or thea is ottierwise a dose working relationship between the entities," Sieg State and Local Government Conflict of Interests Act, tra Code 2 2,-31 N CERTIFICATION: I cuni;y that the infer -lagan contained'here -n z trje and .mite 1 urderstend that, uour rsoamip+ ofrctifizal+arl (peracsrd.' +atthe aopliceticn has been sdiaWh od for ralb r heariln, I an. wpms ble far obtaining and pasting !he required sign on ft 5'Aed prcnafty;- leant 3o Lays p•inrto* e screculed pjbkc hEaring accc-ding to the i isiruefors in this package. The totysgi*d alm c}n."r€s to erMry toga the su*ni property hp *m hyees of the Misoartmert of Pl, ring to pho'Dgrtptt :arc Srkrx j)e site for nurpasas of prmmssinn and a mki rring this aX, ikon. Print Name Debprsh S. .rbbl'.t, htsrag4r �f ,tRnssture id erent e Pr Ns ale ur,slli_ru Jac I•"L•'.!I:7t �pricaliG, Pag.- tour10 PAwzt r7A'ZX7 Item #7 Gail Hart's Performing Arts Group, Inc. Conditional Use Permit 5224 Indian River Road, Suite 113-116 District 2 Kempsville August 11, 2010 APPROVED — CONSENT CONDITIONS: NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning /Development Services Center and Department of Planning /Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. GPIN. 14654728240000 An application of Gail Hart's Performing Arts Group, Inc. for a Conditional Use Permit for an indoor recreation facility on property located at 524 Indian River Road, Suite 113-116. AYE 11 NAY 0 ANDERSON AYE BERNAS AYE FELTON AYE HENLEY AYE HORSLEY AYE KATSIAS AYE LIVAS AYE. REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE The applicant Gail Hart appeared before the Board. ABS 0 ABSENT 0 By a vote of 11-0, the Board has deferred the application of Saint Aidan's Episcopal Church. FON , 40, 0 m 44 ikis PEI �9 u CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: OCEAN RENTAL PROPERTIES, LLC, Modification of Conditional Change of Zoning previously approved by City Council on September 12, 2000, 3202 Holly Road (GPIN 2418922503). BEACH DISTRICT. MEETING DATE: September 28, 2010 ■ Background: The applicant requests a Modification to the Conditional Rezoning on the site to allow access from Holly Road in lieu of the approved access through the Huntwick Condominium development. Due to this access change, revisions were made to the site plan and building elevations. This modification does not change the number of dwelling units originally approved. The Conditional Rezoning from R-20 Residential District to Conditional A-12 Apartment District was approved by the City Council on September 12, 2000. This Conditional Rezoning has the following six proffers. All the proffers from this Conditional Rezoning are requested for modification. These proffers reference a site plan and building elevations that differ substantially from the new proposal. 1. The "REZONING SITE PLAN OF HUNTWICK CONDOMINIUMS EXTENDED, BEING SITE - 82, LINKHORN PARK (M.B. 5, P. 151) FOR TREESTONE BUILDING CORPORATION," prepared by John E. Sirine & Associates, dated 2/21/00 ("Site Plan"), which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning, shall be substantially adhered to so that there shall be coordinated design and development of the site in terms of vehicular circulation, parking, buffering, landscaping, tree preservation, building location, setbacks, building orientation, storm water management facilities and open space to better foster a sense of community. 2. Vehicular Ingress and Egress shall be through the existing Condominium which has a single point of access on Pinewood Road. 3. All landscaping and the serpentine brick wall along Holly Road shall be as depicted and described on the "Bayscape Planting Plan" designed by Patsy Kerr and depicted on the "LANDSCAPE PLAN OF HUNTWICK COMMONS EXTENDED BEING SITE - 82, LINKHORN PARK (M.B. 5, P. 151) FOR TREESTONE BUILDING CORPORATION," dated 2/21/00, prepared by John E. Ocean Rental Properties, LLC Page 2of5 Sirine & Associates ("Landscape Plan"), which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 4. No additional permanent identification signage, visible from Holly Road or Pinewood Road, shall accompany this development. 5. The buildings depicted on the Site Plan shall be two (2) stories in height, with a total of only five (5) residential dwelling units, each having a two (2) car garage. 6. The architectural design of the residential buildings will be as depicted on the exhibit entitled "HUNTWICK CONDOMINIUMS - BUILDING #5, dated Rev. 12- 21-99, prepared by Residential Designs, Ltd. ("Building Plans") which has been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. The exterior of the buildings shall be brick and all exterior building materials shall match the existing Huntwick Condominiums. 7. Further conditions may be required by the GRANTEE during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. The proposed site plan shows access directly from Holly Road. The proposal includes, five two- story townhomes with patios. The townhomes have been separated into two buildings to create a passive open area with a pergola between the buildings. One building will have two units and the other building will have three units. Each townhome shall have a two car garage. There are three parking spaces available for guests of the residents. An existing wood privacy fence along the property lines to the south and a portion of the west is to remain. An ornamental fence with brick columns will be installed along Holly Road (east side). LCindscaping will be installed behind the ornamental fencing to screen the garages and parking area from view along Holly Road. A tidal marsh fringe borders to the north and west provides additional buffering. This proposal was heard by the Chesapeake Bay Area Preservation Board and granted a variance of the Chesapeake Bay Preservation Ordinance on May 24, 2010 subject to the 15 conditions on file at the Planning Department. ■ Considerations: The applicant's request for a Modification to the Conditional Change of Zoning is acceptable. This proposal is part of the gradual transition along Holly Road. Traveling from Laskin Road on Holly Road, non-residential uses are prevalent until you cross Pinewood Drive. At this corner of Holly Road and Pinewood Drive is the multi -family development of Huntwick Condominium. This site acts as the buffer between the existing single family dwellings to the north and the Huntwick Condominiums to the south. Ocean Rental Properties, LLC Page 3 of 5 This site is also unique in that it is isolated from the single family dwelling to the north and west by water, wetlands, a marsh, open space and a portion of the Caviler Golf Course. The site's topography and location dictate that any development be sensitive to preserving the natural environment. The site plan addresses the planting of a significant buffer while retaining mature trees around the top of bank and along the north property line and following the conditions as required by the Chesapeake Bay Board. Several mature trees have also been identified to remain along the west property line and where able trees will be preserved along the south and east. Additionally, this modification to the proposal approved by City Council September of 2000 will decrease the impervious cover on the site. This proposal of five townhomes on just over an acre of property provides an appropriate transition between the non-residential south of Pinewood Drive, the mix of multi -family to the east and single family to the south. The proffered building elevations are complementary to the brick buildings of the Huntwick Condominiums and the various single family home styles. The neo -traditional architecture of the building design borrows elements of the past while utilizing modern materials such as Hardi-plank siding and architectural grade shingles. These dwelling units are a mixture of historic styles adapted for a contemporary lifestyle. An example is the combined use of colonial multi -paned windows and window shutters with the manufactured keystone detail above the windows and doors and the detailed trim. In context with the neighborhood, the exterior siding shall be selected from a neutral palette of traditional colors. Staff recommends approval of this request with the submitted proffers. The proffers are provided below. There was no opposition to the request. ■ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request to the City Council with the following proffers: The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: Ocean Rental Properties, LLC Page 4 of 5 When the property is redeveloped, design of the site as a five (5) unit residential condominium consisting of two (2) separate buildings containing two (2) and three (3) dwelling units respectively, in order to achieve a coordinated design and development of the site in terms of vehicular circulation, parking, buffering, landscaping, tree preservation building location, setbacks, building orientation, stormwater management facilities and open space to better foster a sense of community, it shall be developed substantially in accordance with the "REZONING / LANDSCAPE EXHIBIT FOR HOLLY ROAD TOWNIHOME CONDOMINIUMS" dated 4/28/10, prepared by MSA, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Concept Plan"). PROFFER 2: When the property is redeveloped, vehicular ingress and egress shall be via one (1) entrance from Holly Road. PROFFER 3: When redeveloped, the architectural design, and exterior building materials of the residential buildings depicted on the Concept Plan will be substantially as depicted on the a.,xhibit entitled, "HOLLY PINES CONDOMINIUMS", dated 4/27/10, prepared by Treystone, Inc. which has been exhibited to the Virginia Beach City Council and is on file; with the Virginia Beach Department of Planning ("Elevations"). PROFFER 4: When redeveloped, those upland portions of the property's frontage on Holly Road shall be landscaped and fenced substantially as depicted and described on the afefe-refeFenGed GenGept Plan "LANDSCAPE PLAN FOR HOLLY ROAD FROTNAGE, HOLLY PINES CONDOMINIUM" dated 4/28/10, prepared by MSA, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Landscape Plan"). The only permanent community identification signage shall be no larger than four (4) square feet in size and imbedded in mounted erg the eastern face of the brick column as noted ori the Concept Plan. The sign may not be internally illuminated. PROFFER 5: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. PROFFER 6: The Covenants, Restrictions and Conditions set forth herein replace modify and supersede replace the "2000 Proffers". STAFF COMMENTS: The proffers listed above are acceptable as they dictate the level of quality of the project. Ocean Rental Properties, LLC Page 5 of 5 The City Attorney's Office has reviewed the proffer agreement dated April 27, 2010, and found it to be legally sufficient and in acceptable legal form. ■ 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 Manage • , P 1" Ocean Rental Properties, LLC RT3' ` 4 A2 �2�•a R40 A'*2 ` r v A24 73 j Zaneip'bh c°"dMoi�P'°n'" 12 V Modification of Conditions 8 August 11, 2010 Public Hearing APPLICANT/ PROPERTY OWNER: OCEAN RENTAL PROPERTIES, LLC STAFF PLANNER: Karen Prochilo REQUEST: Modification of Conditional Change of Zoning approved by the City Council on September 12, 2000 ADDRESS / DESCRIPTION: 3202 Holly Road GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 24189225030000 BEACH 6 1.183 acres 70 -75 dB DNL SUMMARY OF REQUEST The applicant requests a Modification to the Conditional Rezoning on the site to allow access from Holly Road in lieu of the approved access through the Huntwick Condominium development. Due to this access change, revisions were made to the site plan and building elevations. This modification does not change the number of dwelling units originally approved. The Conditional Rezoning from R-20 Residential District to Conditional A-12 Apartment District was approved by the City Council on September 12, 2000. This Conditional Rezoning has the following six proffers. All the proffers from this Conditional Rezoning are requested for modification. These proffers reference a site plan and building elevations that differ substantially from the new proposal. The "REZONING SITE PLAN OF HUNTWICK CONDOMINIUMS EXTENDED, BEING SITE - 82, LINKHORN PARK (M.B. 5, P. 151) FOR TREESTONE BUILDING CORPORATION," prepared by John E.:Sirine & Associates, dated 2/21/00 ("Site Plan"), which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning, shall be substantially adhered to so that there shall be coordinated design and development of the site in terms of vehicular circulation, parking, buffering, landscaping, tree preservation, building location, OCEAN RENTAL P IERTIES, ILC Agenda -It n 8, Page 1 a setbacks, building orientation, storm water management facilities and open space to better foster a sense of community. 2. Vehicular Ingress and Egress shall be through the existing Condominium which has a single point of access on Pinewood Road. 3. All landscaping and the serpentine brick wall along Holly Road shall be as depicted and described on the "Bayscape Planting Plan" designed by Patsy Kerr and depicted on the "LANDSCAPE PLAN OF HUNTWICK COMMONS EXTENDED BEING SITE - 82, LINKHORN PARK (M.B. 5, P. 151) FOR TREESTONE BUILDING CORPORATION," dated 2/21/00, prepared by John E. Sirine & Associates ("Landscape Plan"), which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 4. No additional permanent identification signage, visible from Holly Road or Pinewood Road, shall accompany this development. 5. The buildings depicted on the Site Plan shall be two (2) stories in height, with a total of only five (5) residential dwelling units, each having a two (2) car garage. 6. The architectural design of the residential buildings will be as depicted on the exhibit entitled "HUNTWICK CONDOMINIUMS - BUILDING #5, dated Rev. 12-21-99, prepared by Residential Designs, Ltd. ("Building Plans") which has been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. The exterior of the buildings shall be brick and all exterior building materials shall match the existing Huntwick Condominiums. 7. Further conditions may be required by the GRANTEE during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. The proposed site plan shows access directly from Holly Road. The proposal includes five two- story townhomes with patios. The townhomes have been separated into two buildings to create a passive open area with a pergola between the buildings. One building will have two units and the other building will have three units. Each townhome shall have a two car garage. There are three parking spaces available for guests of the residents. An existing wood privacy fence along the property lines to the south and a portion of the west is to remain. An ornamental fence with brick columns will be installed along Holly Road (east side). Landscaping will be installed behind the ornamental fencing to screen the garages and parking area from view along Holly Road. A tidal marsh fringe borders to the north and west provides additional buffering. This proposal was heard by the Chesapeake Bay Area Preservation Board and granted a variance of the Chesapeake Bay Preservation Ordinance on May 24, 2010 subject to the 15 conditions on file at the Planning Department. LAND USE AND PLAN INFORMATION OCEAN RENTAL PROPERTIES, tLC a. `Agenda Item 8 Page 2 EXISTING LAND USE: A single family dwelling is located on the site. SURROUNDING LAND North: . Single family dwellings / R-20 Residential District USE AND ZONING: South: . Huntwick Condominiums /A-12 Apartment District East: . Holly Road • Across Holly Road, multi -family dwellings, duplexes and single family dwellings / A-12 and A-18 Apartment Districts West: . Huntwick Condominiums, marshland and part of Cavalier Golf Course / A-12 Apartment District and R-20 Residential District NATURAL RESOURCE AND This site has nontidal wetlands, is mostly turf and scattered mature CULTURAL FEATURES: trees. The applicant appeared before Chesapeake Bay and was granted a variance to Section 105 of the Chesapeake Bay Preservation Ordinance. Existing impervious cover is 5,506 sq. ft. or 12.6%. Post construction impervious cover is approximately 17,015 sq. ft. or 39.1 %. If right-of-way along Holly Rd. is required, the percent of impervious cover will increase. Total lot area above water and marsh is 43,562 sq. ft. COMPREHENSIVE PLAN: The Comprehensive Plan identifies this site as being in the Suburban Area. The Plan recognizes the necessity of preserving and protecting the overall character, economic value, and aesthetic quality of the stable neighborhoods. Achieving the goals of preserving neighborhood quality requires promoting safe streets, compatibility with the surroundings, livability, and quality and attractiveness of site and buildings (Pgs 3-1, 3-2). All development proposals in the Suburban Area should incorporate the 'Special Area Development Guidelines' outlined in the Comprehensive Plan Reference Handbook. These guidelines provide specific site design guidance for developments in the Suburban Area that protect the integrity of existing neighborhoods by offering design guidance for access, traffic circulation and parking areas; as well as ways to complement adjacent land uses, incorporate crime prevention principles and enhance the overall function and visual quality of neighboring properties and community (A-7, B-7 to B-13). CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Holly Road is a two lane local street in the vicinity of this application, and is considered one of the main access roads to several neighborhoods in the area. Several improvements to Holly Road just south of this site, particularly restriping and added signalization, are planned and under construction as part of the Capital Improvement Program (CIP) Project 2-134, Laskin Road gateway Improvements. The site is also directly west of 33`d Street at its intersection with holly road. Neither roadway is included as part of the City's Master Transportation Plan Map. OCEAN RENTAL PROPERTIES, tLC ,,,Agenda Itrn 8 .Page, 3 TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic 702 Holly Road 9,300 ADT 6,200 ADT (Level of Existing Land Use — 0 0 (2009) Service "C") 50 ADT 0 "generation" represents the number of students that the development will add to the school 2 change" represents the difference between generated students under the existing zoning and under the proposed zoning. The number 9,900 ADT' (Level of Proposed Land Use 3— Service "D") - Capacity No change 11,100 ADT' (Level of Service "E" Average Daily Trips as defined by 5 townhome dwelling units 3 'as defined by 5 townhome dwelling units WATER: This site must connect to City water. The existing 5/8 -inch meter (City ID#95036783) can be used or upgraded to accommodate the proposed development. SEWER: The proposed development must connect to City sanitary sewer. Analysis of Pump Station #133 and the sanitary sewer collection system is required to ensure future flows can be accommodated. Construction plans and bonds are required. SCHOOLS: School Current Enrollment Capacity Generation' Change 2 Linkhorn Elementary 731 702 1 0 Virginia Beach Middle 614 925 0 0 Cox High 1,889 1,740 0 0 "generation" represents the number of students that the development will add to the school 2 change" represents the difference between generated students under the existing zoning and under the proposed zoning. The number can be positive additional students or negative fewer students). EVALUATION AND RECOMMENDATION The applicant's request for a Modification to the Conditional Change of Zoning is acceptable. This proposal is part of the gradual transition along Holly Road. Traveling from Laskin Road on Holly Road, non-residential uses are prevalent until you cross Pinewood Drive. At this corner of Holly Road and Pinewood Drive is the multi -family development of Huntwick Condominium. This site acts as the buffer between the existing single family dwellings to the north and the Huntwick Condominiums to the south. This site is also unique in that it is isolated from the single family dwelling to the north and west by water, wetlands, a marsh, open space and a portion of the Caviler Golf Course. The site's topography and location dictate that any development be sensitive to preserving the natural environment. OCEAN RENTAL PROPERTIES,ILC "Agenda It .8 -pap.4 The site plan addresses the planting of a significant buffer while retaining mature trees around the top of bank and along the north property line and following the conditions as required by the Chesapeake Bay Board. Seve•al mature trees have also been identified to remain along the west property line and where able trees will be preserved along the south and east. Additionally, this modification to the proposal approved by City Council September of 2000 will decrease the impervious cover on the site. This proposa of five townhomes on just over an acre of property provides an appropriate transition between the non-residential south of Pinewood Drive, the mix of multi -family to the east and single family to the south. The proffered building elevations are complementary to the brick buildings of the Huntwick Condominiums and the various single family home styles. The neo -traditional architecture of the building design borrows elements of the past while utilizing modern materials such as Hardi-plank siding and architectural grade shingles. These dwelling units are a mixture of historic styles adapted for a contemporary lifestyle. An example is the combined use of colonial multi - paned windows and window shutters with the manufactured keystone detail above the windows and doors and they detailed trim. In context with the neighborhood, the exterior siding shall be selected from a neutral palette of traditional colors. Staff recommends approval of this request with the submitted proffers. The proffers are provided below. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)) Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: When the property is redeveloped, ' as a five (5) unit residential condominium consisting of two (2) separate buildings containing two (2) and three (3) dwelling units respectivelyin order to achieve a coordinated design and development of the site in terms of vehicular circulation, parking, buffering, landscaping, tree preservation, building location, setbacks, building orientation, :;tormwater management facilities and open space to better foster a sense of community, it shall be developed substantially in accordance with the "REZONING / LANDSCAPE EXHIBIT FOR HOLLY ROAD TOWNHOME CONDOMINIUMS" dated 4/28/10, prepared by MSA, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Concept Plan"). PROFFER 2: When the property is redeveloped, vehicular ingress and egress shall be via one (1) entrance from Holly Road. PROFFER 3: When redeveloped, the architectural design, and exterior building materials of the residential buildings depicted on -the Concept Plan will be substantially as depicted on the exhibit entitled, "HOLLY PINES CONDOMINIUMS", dated 4/27/10, prepared by Treystone, Inc. which has been exhibited to the Virginia OCEAN RENTAL PROPERTIES, LLC ',Agenda Item 8 P6ge 5 Beach City Council and is on file with the Virginia Beach Department of Planning ("Elevations") PROFFER 4: When redeveloped, those upland portions of the property's frontage on Holly Road shall be landscaped and fenced substantially as depicted and described on the afGF8 MWSAGed GGAG8pt "LANDSCAPE PLAN FOR HOLLY ROAD FRONTAGE, HOLLY PINES CONDOMINIUM" dated 4/28/10 prepared by MSA P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Landscape Plan"). The only permanent community identification signage shall be no larger than four (4) square feet in size and imbedded in mg, mtedan the eastern face of the brick column as noted on the Concept Plan. The sign may not be internally illuminated. PROFFER 5: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. PROFFER 6: The Covenants, Restrictions and Conditions set forth herein replace and supersede the "2000 Proffers". STAFF COMMENTS: The proffers listed above are acceptable as they dictate the level of quality of the project. The City Attorney's Office has reviewed the proffer agreement dated April 27, 2010, and found it to be legally sufficient and in acceptable legal form. NOTE. Further conditions may be required during the administration of applicable City Ordinances 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 Change of Zoning are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. OCEAN RENTAL PRGPERTIES,..�LC Agenda Item 8 t _Page .6 AERIAL OF SITE LOCATION OCEAN RENTAL PROPERTIES Agenda P., LC n8 e7 Jaws dirr 14-- — — — — — — — PROPOSED SITEPLAN Proffer t 1P AI -5 Ocean Rental Pronertles, ITC it 10 7-7 R40 24" /A36 g with CondidonsPmffers 2 V V. 9'- Modification of Conditions # DATE REQUEST ACTION 1 09/12/00 Conditional Rezoning from R-20 to A-12 Approved 2 09/11/89 Rezoning from R-40 & R-20 to A-12 Approved_ 3 11/27/83 Street closure Approved 01/24/83 CRZ (A-1 to A-3) Approved 4 02/10/75 Rezoning (A-1 to B-2) Approved 12/26/73 Rezoning (A-1 to A-4) Withdrawn 3 11/27/83 Street closure Approved_ �i C� !may rCm� 11111110111 %101111 =-4 r—L :I 40-4 cdv7 C� �' C) F,11,0101♦ 1.{ Fes{ C� DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Ocean Rental Properties, L.L.C.: Steven Bishard, Manager; John Bishard, Member 2. List all businesses that have a parent -subsidiary' or affiliated business entity, relationship with the applicant: (Attach list if necessary) ❑ Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, fine, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -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. & See next page for footnotes Modification of Conditions Application PaOng! pa 10 of 11 4 Revised 911!2004 OCEAN RENTAL 'ERTIES,..LC Agenda Its 8 Page 1 � 11 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) MSA, P.C. Sykes, Bourdon, Ahem & Levy, P.C. Harry R. Purkey, Jr., P.C. Kaufman & Canoles, P.C. ' "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent -subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at st 30 days prior to the scheduled public hearing according to the instructions ' s package. Ocean ental Pro pe ' s, . C. By: Gt% Steven Bishard, manager Applicant's Signature Print Name Property Owners Signature (if different than applicant) Print Name Modification of Conditions Application Page 11 of 11 Revised 9/1/2004 OCEAN RENTAL PROPERTIES Agenda f Pzkl ,:LC m8 k Item #8 Ocean Rental Properties, L.L.C. Modification of Conditional Change of Zoning 3202 Holly Road District 6 Beach August 11, 2010 CONSENT GPIN2418922503 An application of Oi;ean Rental Properties, L.L.C. for a Modification of a Conditional Change of Zoning on property located at 3202 Holly Road. PROFFERS The following are proffers submitted by the applicant at the informal hearing as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," QI071h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: When the property is redeveloped, in as a five (5) unit residential condonvnium consisting of two (2) separate buildings containing two (2) and three (3) dwelling units respectively, in order to achieve a coordinated design and development of the site in terms of vehicular circulation, parking, buffering_ landscaping, tree preservation, building location, setbacks, building orientation, stormwater management facilities and open space to better foster a sense of community, it shall be developed substantially in accordance with the: "REZONING / LANDSCAPE EXHIBIT FOR HOLLY ROAD TOWNHOME CONDOMINIUMS" dated 4/28/10, prepared by MSA, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Concept Plan"). PROFFER 2: When the property is redeveloped, vehicular ingress and egress shall be via one (1) entrance from Holly Road. PROFFER 3: When redeveloped, the architectural design, and exterior building materials of the residential buildings depicted on the Concept Plan will be substantially as depicted on the exhibit entitled, "HOLLY PINES CONDOMINIUMS", dated 4/27/10, prepared by Treystone, Inc. which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Elevations"). PROFFER 4: When redeveloped, those upland portions of the property's frontage on Holly Road shall be landscaped and fenced substantially as depicted and described on the "LANDSCAPE PLAN FOR HOLLY ROAD FRONTAGE- HOLLY PINES CONDOMINIUM" dated 4/28/10, prepared by MSA, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Landscape Plan"). The only permanent community identification signage shall be no lar er than four (4) square feet in size and imbedded in meanted-en the eastern face of the brick column as noted on the Concept Plan. The sign may not be internally illuminated. PROFFER 5: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. PROFFER 6: Item #8 Ocean Rental Properties, L.LC. Page 2 The Covenants, Restrictions and Conditions set forth herein replace modi and supeFsede replace the "2000 Proffers". STAFF COMMENTS: The proffers listed above are acceptable as they dictate the level of quality of the project. The City Attorney's Office has reviewed the proffer agreement dated April 27, 2010, and found it to be legally sufficient and in acceptable legal form. NOTE. Further conditions may be required during the administration of applicable City Ordinances 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 Change of Zoning are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crimeprevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. Eddie Bourdon appeared on behalf of the applicant Ocean Rental Properties, L.L.C. AYE 11 NAY 0 ANDERSON AYE BERNAS AYE FELTON AYE HENLEY AYE HORSLEY AYE KATSIAS AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE ABS 0 ABSENT 0 By a vote of 11-0, the Board has approved the application of Ocean Rental Properties, L.L.C. In Reply Refer To Our File No. DF -7738 TO: Mark D. Stiles 03, FROM: El. Kay Wilson CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: September 16, 2010 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; Ocean Rental Properties, LLC The above -referenced conditional zoning application is scheduled to be heard by the City Council of September 28, 2010 . I have reviewed the subject proffer agreement, dated April 28, 2010 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please Feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: Kathleen Hassen V/ PREPARED BY: SYKES. ROURDON. 09 AHERN & LEVY. E.C. FIRST AMENDMENT TO PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS OCEAN RENTAL PROPERTIES, L.L.C., a Virginia limited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 28th day of April, 201o, by and between OCEAN RENTAL PROPERTIES, L.L.C., a Virginia limited liability company, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, the party of the first part is the owner of a certain parcel of property located in the Beach District of the City of Virginia Beach, containing approximately 1.18;; acres which is more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference. Said parcel is hereinafter referred to as the "Property"; and WHEREAS, the Grantor has initiated a modification to a conditional amendment to the Zoning Map of the City of Virginia Beach, by petition addressed to the Grantee so as to modify conditions to the Zoning Classification of the Property; and WHEREAS, the Grantor has requested Grantee to permit this modification of the previously proffered Covenants, Restrictions and Conditions dated June 14, 2000, and recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 4297, at Page 1194 (hereinafter "2000 Proffers"), to reflec', amendments applicable to the land use plan on the Property; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the competing and sometimes, incompatible development of various types of uses conflict and that in order to permit: differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the proposed modification of conditions to the zoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the application gives rise; and GPIN: 2418-92-2503 1 PREPARED BY: OM SYK£S. BOURDON, M AHERN & LEVY. P.C. WHEREAS, the clustered townhouse development Huntwick Condominium located adjacent to the south and west sides of the Property provides an appropriate residential transition between commercial development south of Pinewood Road and the residential uses to the North and this Property serves as a transition between the clustered condominiums to the South and the single family zoning to the North, and the swale on the north side of the Property forms a natural boundary; and WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed modification to the existing zoning conditions with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted, which conditions have a reasonable relation to the proposed modification and the need for which is generated by the proposed modification. NOW, THEREFORE, the Grantor, its successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees. that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. When the Property is redeveloped as a five (5) unit residential condominium consisting of two (2) separate buildings containing two (2) and three (3) dwelling units respectively, in order to achieve a coordinated design and development of the site in terms of vehicular circulation, parking, buffering, landscaping, tree preservation, building locatio a, setbacks, building orientation, stormwater management facilities and open space to better foster a sense of community, it shall be developed substantially in accordance with the "ZONING/LANDSCAPE EXHIBIT FOR HOLLY ROAD TOWNHOME CONDOMINIUMS", dated 4/28/lo, prepared by MSA, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Concept Plan"). 2 PREPARED BY: SYKES. ROURDON. A1I£RN & LEVY, P.C. 2. When the Property is redeveloped, vehicular ingress and egress shall be via one (1) entrance from Holly Road. 3. When redeveloped, the architectural design, and exterior building materials of the residential buildings depicted on the Concept Plan will be substantially as depicted on the exhibit entitled, "HOLLY PINES CONDOMINIUMS", dated 4/27/10, prepared by Treystone, Inc. which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Elevations"). 4. When redeveloped, those upland portions of the property's frontage on Holly Road shall be landscaped and fenced substantially as depicted and described on the "LANDSCAPE PLAN FOR HOLLY ROAD FRONTAGE, HOLLY PINES CONDOMINIUM", dated 4/28/lo, prepared by MSA, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Landscape Plan"). The only permanent community identification sign shall be no larger than four (4;a square feet in size and imbedded in the eastern face of the brick column as noted on they Concept Plan. The sign may not be internally illuminated. 5. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. 6. The Covenants, Restrictions and Conditions set forth herein replace and supersede the "2000 Proffers". The Grantor further covenants and agrees that: All references hereinabove to the A-12 District and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, 3 PREPARED BY: M SYKES. BOURDON, M A14ERN & LEVY. P.C. amend.ed, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is conser..ted to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be approp riate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the ;Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantor and the Grantee. 0 WITNESS the following signature and seal: Grantor: Ocean Rental Properties, L.L.C., a Virginia limited liability company i rf 1 J '�' By: (SEAL) Steven Bishard, Managing Member STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this 2 9 th day of April, 201o, by Steven Bishard, Managing Member of Ocean Rental Properties, L.L.C., a Virginia limited liability company. 1_'J Notary Public My Commission Expires: August 31, 2010 Notary Registration No.: 192628 PREPARED BY: MSYKES. BOURDON, AMN & LEVY. P.C. 5 PREPARED BY: M SYKES. BOURDON, M A4l£RN & LEVY. P.C. EXHIBIT "A" All that certain lot, piece or parcel of land, with the buildings and improvements thereon, lying, situate and being in the City of Virginia Beach, Virginia, known, numbered and designated as Site Number Eighty -Two (82), on that plat entitled, "Map of Linkhorn Park", which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 5, at Page 151. GPIN: 2418-92-2503 ModificationofProffers\Ocean Rental Properties\Holly Road Townhome Condos\First Amendment to Proffers.doc C: ,flail N 13 Is h. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: GEO I, L.L.C. C/O JOHN GEORGHIOU, Change of Zoning District Classification, R-10 Residential to Conditional R-513 (WF) Residential, 4480 84488 Indian River Road (GPINS 1474254827). CENTERVILLE DISTRICT. MEETING DATE: September 28, 2010 ■ Background: The applicant requests a Change of Zoning District Classification, R-10 Residential to Conditional R-51) (WF) Residential, to allow a residential development with workforce housing. ■ Considerations: By email the applicant's representative is requesting deferral of this item. The purpose of the deferral is to work out issues with the layout and density. ■ Recommendations: Staff recommends indefinite deferral to the City Council Agenda. ■ Attachments: Location Map Recommended Action: Indefinite Deferral. Submitting Department/Agency: Planning Department. }� . 1 City Manage . ULU t, LLC; August 11, 2010 Public Hearing APPLICANT: GEO I, L.L.C. R10 PROPERTY OWNER: R19 GEO I, L.L.C., DONALD K. ng Change from D to RSd with P I LA N D, A N D Workforce Housing ny Ovei9ay (WFN) BOOTSIE LORAINE 0l 1 STAFF PLANNER: FAITH CHRISTIE REQUEST: Conditional Change of Zoning (R-10 Residential to Conditional R -5D Residential with a Workforce Housing Overlay WF) ADDRESS / DESCRIPTION: 4480 Indian River Road,4488 Indian River Road, and Parcel 14742548270000 GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 1474256755C000; CENTERVILLE 9.4350 acres Less than 65 dB DNL 14742527000000; 14742548270000 SUMMARY OF REQUEST Staff requests deferral of this item to allow sufficient time to further refine the proposal and proper advertisement. GEO I, L.L.C. Agenda Item -2 Page 1 Faith Christie From: Claude Lym [CLym@siteimprovement.net] Sent: Wednesday, September 15, 2010 12:00 PM To: Faith Christie Cc: Mark Ricketts; john@geodevelopmentcorp.com; Cheryl Smith Subject: RE: GEO Follow Up Flag: Follow up Flag Status: Flagged Hi Faith, on behalf of our client, we are requesting an additional 30 days extension in order to complete the architectural plans and address other related questions. Please let me know what is our next submittal date and the Planning Commission agenda date. Thank you Claude F. Lym, P.E. Site Improvement assoc. 800 Juniper Crescent, Ste A Chesapeake, VA 23320 clvm(@siteimr)rovement.net 757-671-9000 Fax 671-9288 The information and electronic files contained in this electronic communication are intended for the sole use of the specified and intended recipient. By transmitting this electronic information, Site Improvement Associates, Inc., no longer has effective control over it and is no longer responsible for its completeness or accuracy in any application. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Authorizing Roadside Guide Signs in accordance with City Zoning Ordinance 211.1 for the Little Theatre of Virginia Beach located at 550 Barberton Drive (24th Street and Barberton Drive). BEACH DISTRICT. MEETING DATE: September 28, 2010 ■ Background: On March 9, 2010, City Council amended the City Zoning Ordinance by adding Section 211.1 which allows not -for- profit cultural, literary, scientific and artistic establishments to apply for roadside guide signs to be placed in the city right-of- way directing patrons to their establishment. This is a request by the Little Theatre of Virginia Beach to erect five roadside guide signs; two on Birdneck Road, two on Laskin .Road and one at the 1-264 eastbound Birdneck Road exit. The Little Theatre of Virginia Beach is located at 550 Barberton Drive, at the intersection of 24th Street and Barberton Drive. ■ Considerations: The applicant has submitted a drawing of the proposed roadside guide sign. The sign meets the requirements of Section 211.1 with an area of five square feet, a brown background with white lettering and a simple theater symbol. Maps showing five desired sign locations have also been submitted by the Little Theatre. Five signs are proposed as shown on the attached maps. Staff notes that Section 211.1(d) of the Zoning Ordinance allows no more than three roadside guide signs per establishment except where City Council finds that three signs are insufficient to provide motorists with adequate guidance to the establishment. ■ Recommendations: The Traffic Engineer has reviewed the request and inspected the proposed locations. The Traffic Engineer notes that the proposed sign in the island at the bottom of the 1-264 off ramp at Birdneck Road cannot be allowed because it is on VDOT property. Staff, concerned about the number of signs along City roads, would like to reduce the number of roadside guide signs for this use to three. It is recommended that one sign be permitted within the Birdneck Road right-of-way, on the east side of the road, opposite the Birdneck Road exit off eastbound 1-264. Roadside Guide; Signs Page 2 of 3 It is also recommended that two signs be allowed on Birdneck Road in the medians near 24th Street. The two signs proposed on Laskin Road will be the least helpful to patrons and should not be approved. This is the first application for roadside guide signs and staff advises that a precedent not be established to allow more than three signs per organization. Two other applications for roadside guide signs are pending and staff is concerned about a proliferation of such signs and potential conflicts with public safety signs. Staff discussed the recommended reduction to three signs with the applicant. The Little Theatre feels that guide signs are also needed on Laskin Road and would like to move forward and present their plan for five signs to the City Council. Staff re-Iommends that the City Council approve three sign locations subject to the conditions listed below; 1. Three roadside guide signs are approved as follows; a. One sign within the Birdneck Road right-of-way on the east side of the road opposite the exit off eastbound 1-264. This sign shall have one face and be visible from the exit at the intersection with Birdneck Road. b. One sign in the right -of way on the east side of Birdneck Road, south of the intersection of 24th Street and Birdneck Road. This sign shall have one face and be visible to north bound traffic on Birdneck Road. r. One sign in the median north of the intersection of 24th Street and Birdneck Road. This sign shall have one face and be visible to south bound traffic on Birdneck Road. The general location of these signs is shown in red as "Staff Recommended Sign Location" on the map labeled, "Little Theatre of Virginia Beach." Said map has been exhibited to City Council and is on file in the Planning Department; 2. Prior to installation of any roadside guide sign, the applicant shall meet with the 'traffic Engineer or his designee to determine exact locations and avoid conflicts with any existing signs; 3. Prior to erecting any sign, the Little Theatre shall provide Public Works, Real Estate Division with a copy of a liability insurance policy naming the City as co-insured on the policy for the signs; 4. Sigr and sign post materials shall meet applicable specifications in the Public Works Standards for use in the public right-of-way; 5. The signs for the Little Theatre of Virginia Beach shall substantially adhere to the attached sign elevation submitted by the Applicant. Said elevation has been exhibited to City Council and is on file in the Planning Department; 6. The signs shall be installed with a maximum height of 9.5' above ground level and shall have a minimum clearance of seven feet; Roadside Guide Signs Page 3 of 3 7. The Little Theatre shall maintain the signs in good condition at all times. Any sign not in good condition shall be subject to removal and disposal by the Department of Public Works; 8. The Department of Public Works may relocate any sign if necessary to accommodate public signage requirements; and 9. Such signage shall in all other respects conform to the provisions of Section 211.1 of the City Zoning Ordinance. ■ Attachments: Location Map Applicant's Maps and Sign Resolution Disclosure Statement Recommended Action: Staff recommends approval of three roadside guide signs for the Little Theatre of Virginia Beach. Submitting Department/Agency: Planning Department City Manager -Qt --m �. ,� 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 A RESOLUTION AUTHORIZING ROADSIDE GUIDE SIGNS FOR THE LITTLE THEATRE OF VIRGINIA BEACH, 550 BARBERTON DRIVE (BEACH DISTRICT) WHEREAS, the Little Theatre of Virginia Beach, (hereinafter the "Applicant), located at 51.50 Barberton Drive (Beach District), is an establishment operated exclusively for cultural and artistic purposes on a not-for-profit basis; and WHEREAS, the Applicant has requested that it be allowed to erect five (5) roadside guide signs in the public rights-of-way along Birdneck and Laskin Roads in order to provide directions to the Little Theatre for the benefit of motorists unfamiliar with its location; and WHEREAS, the City Council finds that three (3) roadside guide signs are sufficient to provide motorists with adequate guidance to the Little Theatre; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the placement of roadside guide signs by the Applicant is hereby authorized, upon the following conditions: 1. Three roadside guide signs are approved as follows, and upon the following conditions: a. One sign within the Birdneck Road right-of-way on the east side of the road opposite the exit off eastbound 1-264. This sign shall have one face and be visible from the exit at the intersection with Birdneck Road. b. One sign in the right -of way on the east side of Birdneck Road, south of the intersection of 24th Street and Birdneck Road. This sign shall have one face and be visible to north bound traffic on Birdneck Road. c. One sign in the median north of the intersection of 24th Street and Birdneck Road. This sign shall have one face and be visible to south bound traffic on Birdneck Road; The general location of these signs is shown in red as "Staff Recommended Sign Location" on the map labeled, "Little Theatre of Virginia Beach." Said map has been exhibited to City Council and is on file in the Planning Department;" 2. Prior to installation of any roadside guide sign, the applicant shall meet with the Traffic Engineer or his designee to determine exact locations and avoid conflicts with any existing signs; 1 48 49 3. Prior to erecting any sign, the Little Theatre shall provide the Public Works 50 Real Estate Division with a copy of a liability insurance policy naming the City 51 as co-insured on the policy for the signs; 52 53 4. The sign and sign post materials shall meet applicable specifications in the 54 Public Works Standards for use in the public right-of-way; 55 56 5. The signs for the Little Theatre of Virginia Beach shall substantially adhere to 57 the attached sign elevation submitted by the Applicant. Said elevation has 58 been exhibited to City Council and is on file in the Planning Department; 59 60 6. The signs shall be installed with a maximum height of 9.5' above ground level 61 and shall have a minimum clearance of seven feet; 62 63 7. The Little Theatre shall maintain the signs in good condition at all times. Any 64 sign not in good condition shall be subject to removal and disposal by the 65 Department of Public Works; 66 67 8. The Department of Public Works may relocate any sign if necessary to 68 accommodate public signage requirements; and 69 70 9. Such signage shall in all other respects conform to the provisions of Section 71 211.1 of the City Zoning Ordinance. 72 73 Adopted by the Council of the City of Virginia Beach, Virginia, on the day Of , 2010. APPROkAAS CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Planning artment City Attorney's O ice CA11611 R-3 September 17, 2010 2 (1) LITTLE THEATRE OF VIRGINIA BEACH P. O. BOX 1053 • 24TH STREET & BARBERTON DRIVE • VIRGINIA BEACH, VA 23451 • (757) 428-9233 July 22, 2010 Mr. William Whitney, Jr. Director of Planning and Community Development 2405 Courthouse Drive Municipal Center, Bldg. 2 Virginia Beach, VA 23456 Dear Mr. Whitney: The Little Theatre of Virginia Beach requests approval to place roadside guide signs at three strategic locations as permitted under Section 211.1 of the Zoning Ordinance. LTVB is a not-for- profit, all -volunteer arts organization that is supported by the Virginia Beach Arts and Humanities Commission. Because we are located in a residential area away from the normal traffic patterns of residents as well as visitors, LTVB has sometimes been called "M ginia Beach's best kept secret." To remedy that, we propose to place signs to (1) increase the awareness of its existence and (2) help patrons find the theatre. We propose three locations, as detailed in the enclosed site plans. Since the signs must be visible to traffic going in both directions in two of those locations — on Birdneck Road at 24"' Street and on Laskin Road at Birdneck Road — we are requesting that two signs be allowed in each of those locations, for a total of five signs. Thank you for your consideration. Please contact me if you need any more information. Robin C. Chapman President Little Theatre of Virginia Beach robin.chapman@cox.net 650-0138 cell, 629-2713 office Enclosures: Site plans (3) Sketch of proposed sign Check in the amount of $250.00 v �r I sayoui 8 loo; � a) 4-- a) L ca cr U) N ca a) L - co c 0) G` Dow bw a 13 to too A :r t N u � u a o c — Dow bw a 13 to too A Fros:CVB Planning 09/15/2010 13:01 #206 P.0031003 DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 52W e7l,4cAa 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) N ❑ Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) "A ❑ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 8 ZSee next page for footnotes Does an official or employee of the�ity 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? CWKMMW ROM-4npAppOW" Pape 11 of 12 Revised 1111812008 Fron:CVB Planning 09/15/2010 13:01 #206 P.002t003 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) ' "Parent -subsidiary relationship" means "a relationship that exists when one corpon3tion directly or indirectly owns shares possessing more then 50 percent of the voting power of another corporation.' See State and Local Government Conflict of interests Act, Va. Code § 2.2-3101. Y "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when () one business entity has a controlling ownership interest in the other business entity, (i) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the some person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hewing according to the infractions In this package. The undersigned also consents to entry upon the subject property by erm p yeee of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. Pam Applicants ignatu Print Name Property Owner's Signature Of different than applicant) Print Nam COWWW W RuonkV AppWOM Paps 12 of 12 Revind 7M2W7 Board of Directors of Little Theatre of Virginia Beach, 2010-2011 Robin Chapman, President Mary Lou Mahlrnan, Vice President, Production Robin Martineau, Vice President, Business Jim Russell, Treasurer Lisa Bolen, Corresponding Secretary Shirley Hurd, Recording Secretary Paul Berryman Nancy Bloom Jeff Brangan James Bryan Kay Burcher Tom Coffey Beth Fotheringham Rita Gordon Donna Lawheed Dennis Lawheed Joan Patterson Gillian Spencer 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 CITY COUNCIL ,• RETREAT Ry 8:30 AM — 5:00 PM FRIDAY and SATURDAY ; January 21-22, 2011 CONFERENCE ROOM �. Suite 1000 ' $1: 222 Central Park Avenue �� ► TOWN CENTER: � CITY COUNCIL / SCHOOL BOARD "FIVE YEAR FORECAST" Building No. 19 TUESDAY, NOVEMBER 16, 2010 CITY OF VIRGINIA BEACH CITY COUNCIL BRIEFINGS: SUMMARY OF COUNCIL ACTIONS BAYFRONT ADVISORY COMMITTEE DATE: 09/14/2010 B — Activities and Recommendations Kal Kassir, Chair PAGE: 1 E D S B NEIGHBORHOOD NAVIGATIONAL Vice Mayor Louis 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 I O O O S H L R Y S S N N D IIA CITY COUNCIL BRIEFINGS: BAYFRONT ADVISORY COMMITTEE — Activities and Recommendations Kal Kassir, Chair B NEIGHBORHOOD NAVIGATIONAL Vice Mayor Louis DREDGING R. Jones David L. Hansen, Deputy City Manager if CITY MANAGER'S BRIEFING: LEGISLATIVE AGENDA 2011 Robert Matthias, Deputy City Manager IIUIVNNI CERTIFICATE OF CLOSED CERTIFIED 10-0 Y Y Y Y Y Y Y Y Y A Y VIDE SESSION F-1 MINUTES — August 24, 2010 APPROVED 10-0 Y Y Y Y Y Y Y Y Y A 1' G/H1 PUBLIC HEARINGS NO SPEAKERS FY 2010-2011 CAPITAL BUDGET AMENDMENT Norfolk Southern r -o -w acquisition I/J-1. Ordinances to AMEND the City Code: ADOPTED, BY 10-0 Y Y Y Y Y Y Y Y Y A l' CONSENT a. §§18-64/18-85 re License Taxes/Transient Lodging b. § 18-32 re Permit Fees for Precious Metals Dealers CITY OF VIRGINIA BEACH Ordinances to ACCEPT/ SUMMARY OF COUNCIL ACTIONS APPROPRIATE Grant funds: DATE: 09/14/2010 B a. $20,000,000 from Common of ADOPTED 10-0 Y Y PAGE: 2 E Y D Y Y Y A S Va/$5,000.000 from General L E D H E W AGENDA L D S I E J S U I ITEM # SUBJECT MOTION VOTE I A T E D N O S H L W T V E Z Y L N O R S O Y T I P E E E E M I O O O S H L R Y S S N N D 2 Ordinances to ACCEPT/ APPROPRIATE Grant funds: a. $20,000,000 from Common of ADOPTED 10-0 Y Y Y Y Y Y Y Y Y A Y Va/$5,000.000 from General Fund re Norfolk Southern RR r -of -w acquisition b. $31,135 from Homeland ADOPTED, BY 10-0 Y Y Y Y Y Y Y Y Y A Y Security to continue Citizen CONSENT Corps Council/Community Emergency Response Team C. $16,250 from Homeland Security to Fire re Hazardous Materials Team (HAZMAT) d. $55,150 from Va DMV with City match to Police of $11,030 re DUI Enforcement C. $65,980 from Va DMV with City match to Police of $13,196 re Seat Belt Enforcement 3 Resolution to REFER to Planning ADOPTED, BY 10-0 Y Y Y Y Y Y Y Y Y A Y Commission AMENDMENTS re CONSENT Environmental Education Centers P-1 K-1 VICTOR M./BARBARA A. WEST APPROVED/ 10-0 Y Y Y Y Y Y Y Y Y A Y Nonconforming Use re antique/craft CONDITIONED shop at 4100 Charity Neck Road (DISTRICT 7 — PRINCESS ANNE) 2 VA BEACH TRAVEL SOCCER, APPROVED/ 10-0 Y Y Y Y Y Y Y Y Y A Y INC. Modification of Condition No. 5 CONDITIONED re restrictions on of outdoor field BY CONSENT lighting (approved on 9/8/09/deferred 6/9/10) at 2949 Shipps Corner Road (DISTRICT 6 — BEACH) 3 AMERIGROUP CORP CUP re cafe APPROVED/ 10-0 Y Y Y Y Y Y Y Y Y A Y /deli at 4433 Corporation Lane CONDITIONED (DISTRICT 4 — BAYS IDE) BY CONSENT 4 CITY to AMEND Sec:ion 501 of CZO re APPROVED/ 10-0 Y Y Y Y Y Y Y Y Y A Y outdoor recreational/simusement BY CONSENT facilities in Residential Districts CITY OF VIRGINIA BEACH APPOINTMENTS: SUMMARY OF COUNCIL ACTIONS COMMUNITY SERVICES BOARD Appointed 10-0 Y Y Y Y Y DATE: 09/14/2010 B Y Y A Y Unexpired thru PAGE: 3 E D S 12/31/13 L E D H E W AGENDA L D S I E J S U I ITEM # SUBJECT MOTION VOTE I A T E D N O S H L W S T V E Z Y L N O R S O T I P E E E E M 1 O O O S H L R Y S S N N D L. APPOINTMENTS: COMMUNITY SERVICES BOARD Appointed 10-0 Y Y Y Y Y Y Y Y Y A Y Unexpired thru 12/31/13 Dolores Bartel ENERGY ADVISORY COMMITTEE RESCHEDULED B Y C O N S E N S U S HEALTH SERVICES ADVISORY BOARD MILITARY ECONOMIC Appointed 5 Yr 10-0 Y Y Y Y Y Y Y Y Y A t DEVELOPMENT ADVISORY Term 9/1/10 - COMMITTEE 2/28/15 RADM Jack Dantone, USN Ret. MINORITY BUSINESS COUNCIL Appointed 10-0 Y Y Y Y Y Y Y Y Y A Y Unexpired thru 5/31/11 RADM Justo Manglicmot, USN Ret. SOCIAL SERVICES BOARD Appointed 4 Year 10-0 Y Y Y Y Y Y Y Y Y A Term 9/1/10- 6/30/14 Nony Abrajano, USN Ret. M/N/0 ADJOURNMENT 7:15 P.M.. PUBLIC COMMENT 2 Speakers 7:16 — 7:22 P.M. CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL FICTIONS DATE: 09/14/2010 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 H L W T V E Z Y L N O R S O T I P E E E E M 1 O O O S H L R Y S S N N D CITY COUNCIL RETREAT 8:30 AM — 5:00 PM FRIDAY and SATURDAY January 21-22, 2011 CONFERENCE ROOM Suite 1000 CITY COUNCIL / SCHOOL BOARD "FIVE YEAR FORECAST" Building No. 19 TUESDAY, NOVEMBER 16, 2010