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HomeMy WebLinkAboutMAY 10, 2011 AGENDACITY COUNCIL MAYOR WILLIAMD. SESSOMS, JR., At -Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 RITA SWEET BELLITTO, At -Large GLENN R. DAVIS, Rose Hall - District 3 WILLIAM R. DeSTEPH, At -Large HARRY E. DIEZFI„ Kempsville - District 2 ROBF,RT 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 D. BANAGAN CITY AUDITOR- IYNDONS. REMIAS CITY CLERK - RUTH HODGES FRASER, MMC CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA 10 May 2011 I. CITY MANAGER'S BRIEFING - Conference Room - A. NOISE ORDINANCE REVISIONS Christopher Boynton, Deputy City Attorney II. CITY COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - Conference Room - A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION CITY HALL BUILDING 2401 COURTHOUSE DRI V,!; VIRGINIA BEACH, VIRGINIA 23456-900.5 PHONE: (757) 385-430.3 FAX (75 7) 385-560 E-MAIL: Ctycncl@vbgov.com 4:00 PM 5:00 PM VI. FORMAL SESSION - City Council Chamber - 6:00 Ply'[ A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION Reverend Michael Daniels Pastor Enoch Baptist 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 G. FORMAL SESSION AGENDA H. CONSENT AGENDA I. PUBLIC HEARINGS 1. LEASES OF CITY -OWNED PROPERTY — Farmer's Market a. Gilly's Creamery b. S & H Produce c. Skipper Farms d. Holland Produce April 26, 2011 2. SOUTH LAKE HOLLY WATERSHED IMPROVEMENTS — Section III Acquisition by Agreement or Condemnation 3. NOISE ORDINANCE AMENDMENTS J. ORDINANCES 1. Ordinances/Resolutions re: FY 2011-12 RESOURCE MANAGEMENT PLAN a. FY 2011-12 Operating Budget and Capital Improvement Program (CIP): 1) APPROPRIATE for the Fiscal Year, beginning July 1, 2011, and ending June 30, 2012, $1,742,646,267 for Operations, $176,543,050 for Internal Service and $453,625,416 in Interfund Transfers regulating the payment of money out of the City Treasury, as amended 2) ESTABLISH the tax levy of Eighty-nine (89) cents per $100 assessed valuation on real estate for FY 2012 3) ESTABLISH the tax levy of Three Dollars and Seventy cents ($3.70) per $100 of assessed valuation on personal property and machinery and tools for the Calendar Year 2012 4) AUTHORIZE the City Manager to submit an Annual Funding Plan to the U.S. Department of Housing and Urban Development (HUD) 5) DECLARE $8,000,000 within the Sandbridge Tax Increment Financing District (TIF) as surplus in FY 2011-12 Operating Budget 6) AMEND Equivalent Residential Unit (ERU) fee Rate: 2011@ $0.316 2012 @ $0.366 2013 @ $0.416 7) ESTABLISH Tourism Investment Program (TIP) and consolidate the Major Projects and Tourism Growth and Investment Funds (TGIF) into the Tourism Investment Program Fund for FY 2011-12 Operating Budget 8) AMEND Section 4-1.1 re permit processing fees 9) ESTABLISH the Solid Waste Management fee for services of Solid Waste Collection, Management, Recycling and Disposal of Solid Waste, Recyclable Materials and Other Refuse at Ten Dollars ($10) per month, effective January 12, 2012 10) ADOPT Neighborhood Dredging Program 11) City Manager to APPOINT a committee to guide the implementation of the Business License Incentive Program 12) AMEND the City Code, Section 2-208.1, to ESTABLISH reasonable charges for the Reissuance of Paperwork and Checks 13) AMEND the City Code, Section 2-214.1, to ESTABLISH a charge for the Reissuance of Surplus Vehicle Title 14) ADOPT Policy for Management of General Obligation Debt 15) AUTHORIZE FY-2012/FY-2017 Capital Improvement Program (CIP); and, APPROPRIATE $302,165,900 for the FY 2012 Capital Budget, subject to funds being provided from various sources set forth therein 16) AUTHORIZE the issuance of General Obligation Public Improvement Bonds in the maximum amount of Sixty -Five Million Dollars ($65,500,000) for various public facilities and general improvements 17) AUTHORIZE the issuance of Storm Water Utility System Revenue Bonds in the maximum amount of Sixteen Million Three Hundred Thousand Dollars ($16,300,000) 18) AUTHORIZE the issuance of Water and Sewer System Revenue Bonds in the maximum amount of Twenty -Seven Million Dollars ($27,000,000) 2. Ordinances to AMEND the City Code: a. Section 16-43 and Chapter 8 of the Comprehensive Plan re "Housing and Neighborhood Plan" b. ADD Sections 16-41.1 and 16-41.2 re Chapter 16, Housing and Building Maintenance Code for commercial and recreational vehicles 3. Resolution of the City Council re the ISSUANCE of Six Million Five Hundred Thousand Dollars ($6,500,000) Multifamily Housing Revenue Bonds by the City of Virginia Beach Development Authority 4. Ordinance to AUTHORIZE the City Manager to EXECUTE Amendment Nos. 2 and 3 to the Encroachment Partnering Agreement with the United States of America, Department of the Navy (USN), to prevent encroachment and incompatible development in the vicinity of the Naval Air Station Oceana (NAS Oceana) 5. Ordinance to AUTHORIZE the City Manager to EXECUTE a three (3) year Lease with Gilly's Creamery, LLC, at the Virginia Beach Farmers Market 6. Ordinance to AUTHORIZE acquisition of temporary and permanent easements for the South Lake Holly Watershed Improvements, Section III, either by agreement or condemnation and AUTHORIZE the City Manager to make a reasonable offer to the owners or persons having an interest in said property 7. Ordinances to AUTHORIZE temporary and permanent encroachments into portions of City - owned property: a. Construct and maintain roof overhangs, roof parapet, hard awnings, light fixtures and a Fire Department connection for Viking Motel Corporation at 27`x', 27 %2,18`x' Streets and Atlantic Avenue at 2700 Atlantic Avenue b. Maintain two (2) existing piers and construct and maintain a boat lift for Glen A. and M. Nicole Williams at Lake Rudee, 726 Kennedy Avenue 8. Ordinances to ACCEPT and APPROPRIATE: a. $15,000 from the United States Department of Homeland Security to the Fire Department's FY2010-11 Operating Budget re an Emergency Management Exercise b. $112,000 from the Inmate Services fund balance to the FY 2010 Operating Budget of the Sheriff's Office to investigate criminal activity within the facility and ADD 2.4 full-time positions to create a Special Investigative Unit 9. Ordinances to TRANSFER: a. $6,381,613 from the School Board's FY 2010-11 Operating Fund: $5,194,613 from Instruction to Technology $ 871,860 from Administration, Attendance and Health to Technology $ 280,500 from Transportation to Operations and Maintenance $ 35,010 from Instruction to Operations and Maintenance b. $64,429 from the School Board's FY 2010-11 Operating Fund to the Technology Fund re computers and technology supplies: $18,025 from Instruction $44,000 from Administration, Attendance and Health $ 2,404 from Operations and Maintenance C. $2,835,518 from the School Board's FY 2010-11 Operating Fund to the Technology Fund re special education: $2,560,518 from Instruction $ 100,000 from Administration, Attendance and Health $ 175,000 from Transportation K. PLANNING 1. Application of WILDLIFE RESPONSE, INC. (WRI) for a Conditional Use Permit re the development of a wildlife rehabilitation center at 3592 Indian River Road. DISTRICT 7 - PRINCESS ANNE DEFERRED INDEFINITELY MARCH 22, 2011 PLANNING COMMISSION RECOMMENDATION APPROVAL STAFF RECOMMENDATION INDEFINITE DEFERRAL 2. Application of GREAT NECK BAPTIST CHURCH for a Conditional Use Permit re a preschool with a "Before and After -School" program" at 1020 General Jackson Drive. DISTRICT 5 - LYNNHAVEN RECOMMENDATION APPROVAL 3. Application of DARSHAK PATEL (KAVERI, LLC)/MABEL BROCK for a Modification of a Conditional Use Permit re a gas station and convenience store (approved by City Council January 21, 1985) and ADD a Greyhound passenger transportation terminal on-site at 971 Virginia Beach Boulevard. DISTRICT 6 — BEACH DEFERRED APRIL 12, 2011 RECOMMENDATION APPROVAL 4. Application of GREYHOUND LINES, INC. for a Conditional Use Permit re a passenger transportation terminal at 971 Virginia Beach Boulevard. DISTRICT 6 - BEACH DEFERRED APRIL 12, 2011 RECOMMENDATION APPROVAL 5. Applications of 7 -ELEVEN, INC./COURTHOUSE MARKETPLACE OUTPARCELS, LLC at 2448 Nimmo Parkway re a retail center. DISTRICT 7 - PRINCESS ANNE a. Modification of Conditional Change of Zoning re the Wawa site b. Conditional Use Permit re convenience store, strip retail center and gasoline pumps DEFERRED APRIL 12, 2011 DEFERRED MARCH 22, 2011 RECOMMENDATION APPROVAL 6. Ordinances to AMEND the City Zoning Ordinance (CZO): a. Portions of Sections 104, 203 and 205 re commercial and recreational vehicles b. Section 108 re posting of signs relating to certain rezoning, etc., applications C. Sections 239.05, 901 and 1810 re the Comprehensive Plan RECOMMENDATION APPROVAL 7. Resolution to REFER to the Planning Commission an Ordinance to AMEND Sections 502 and 602 of the City Zoning Ordinance (CZO) re setback requirements for certain accessory structures RECOMMENDATION L. APPOINTMENTS HUMAN RIGHTS COMMISSION MINORITY BUSINESS COUNCIL TOWING ADVISORY BOARD WORKFORCE HOUSING ADVISORY BOARD M. UNFINISHED BUSINESS APPROVAL N. NEW BUSINESS O. ADJOURNMENT PUBLIC COMMENT Non -Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 NATIONAL NIGHT OUT OCTOBER 4, 2011 Agenda 05/10/2011 gw CITY MANAGER'S BRIEFING - Conference Room - 4:00 PM A. NOISE ORDINANCE REVISIONS Christopher Boynton, Deputy City Attorney II. CITY COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - Conference Room - 5:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION 46 Itroalittton 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. I. PUBLIC HEARINGS 1. LEASES OF CITY -OWNED PROPERTY — Farmer's Market a. Gilly's Creamery b. S & H Produce c. Skipper Farms d. Holland Produce 2. SOUTH LAKE HOLLY WATERSHED IMPROVEMENTS — Section III Acquisition by Agreement or Condemnation 3. NOISE ORDINANCE AMENDMENTS PUBLIC HEARING CONDEMNATION The Virginia Beach City Council will hold a PUBLIC HEARING on the proposed acquisition by agreement or condemnation of certain easements necessary for the South Lake Holly Watershed Improvements Project — Section III (CIP 7-016) Tuesday, May 10, 2011 at 6:00 p.m., in the Council Chamber of the City Hall Building (Building 91) at the Virginia Beach Municipal Center, Virginia Beach, Virginia. The plans for the project are entitled: "SOUTH LAKE HOLLY WATERSHED IMPROVEMENTS PROJECT — SECTION 111, CIP 7-016' and are on file in the Public Works Department, Engineering Division, Building 42 at the Municipal Center. If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 757-385-4303; Hearing impaired, call 711 (Virginia Relay — Telephone Device for the Deaf). Any questions concerning this hearing should be directed to the Office of Real Estate, Building #!2, Room 392, at the Virginia Beach Municipal Center, (757) 385-4161. Ruth Hodges Fr � City Clerk Beacon May 1, 2011 J. ORDINANCES 1. Ordinances/Resolutions re: FY 2011-12 RESOURCE MANAGEMENT PLAN a. FY 2011-12 Operating Budget and Capital Improvement Program (CIP): 1) APPROPRIATE for the Fiscal Year, beginning July 1, 2011, and ending June 30, 2012, $1,742,646,267 for Operations, $176,543,050 for Internal Service and $453,625,416 in Interfund Transfers regulating the payment of money out of the City Treasury, as amended 2) ESTABLISH the tax levy of Eighty-nine (89) cents per $100 assessed valuation on real estate for FY 2012 3) ESTABLISH the tax levy of Three Dollars and Seventy cents ($3.70) per $100 of assessed valuation on personal property and machinery and tools for the Calendar Year 2012 4) AUTHORIZE the City Manager to submit an Annual Funding Plan to the U.S. Department of Housing and Urban Development (HUD) 5) DECLARE $8,000,000 within the Sandbridge Tax Increment Financing District (TIF) as surplus in FY 2011-12 Operating Budget 6) AMEND Equivalent Residential Unit (ERU) fee Rate: 2011@ $0.316 2012 @ $0.366 2013 @ $0.416 7) ESTABLISH Tourism Investment Program (TIP) and consolidate the Major Projects and Tourism Growth and Investment Funds (TGIF) into the Tourism Investment Program Fund for FY 2011-12 Operating Budget 8) AMEND Section 4-1.1 re permit processing fees 9) ESTABLISH the Solid Waste Management fee for services of Solid Waste Collection, Management, Recycling and Disposal of Solid Waste, Recyclable Materials and Other Refuse at Ten Dollars ($10) per month, effective January 12, 2012 10) ADOPT Neighborhood Dredging Program 11) City Manager to APPOINT a committee to guide the implementation of the Business License Incentive Program 12) AMEND the City Code, Section 2-208.1, to ESTABLISH reasonable charges for the Reissuance of Paperwork and Checks 13) AMEND the City Code, Section 2-214.1, to ESTABLISH a charge for the Reissuance of Surplus Vehicle Title 14) ADOPT Policy for Management of General Obligation Debt 14) ADOPT Policy for Management of General Obligation Debt 15) AUTHORIZE FY-2012/FY-2017 Capital Improvement Program (CIP); and, APPROPRIATE $302,165,900 for the FY 2012 Capital Budget, subject to funds being provided from various sources set forth therein 16) AUTHORIZE the issuance of General Obligation Public Improvement Bonds in the maximum amount of Sixty -Five Million Dollars ($65,500,000) for various public facilities and general improvements 17) AUTHORIZE the issuance of Storm Water Utility System Revenue Bonds in the maximum amount of Sixteen Million Three Hundred Thousand Dollars ($16,300,000) 18) AUTHORIZE the issuance of Water and Sewer System Revenue Bonds in the maximum amount of Twenty -Seven Million Dollars ($27,000,000) 2. Ordinances to AMEND the City Code: a. Section 16-43 and Chapter 8 of the Comprehensive Plan re "Housing and Neighborhood Plan" b. ADD Sections 16-41.1 and 16-41.2 re Chapter 16, Housing and Building Maintenance Code for commercial and recreational vehicles 3. Resolution of the City Council re the ISSUANCE of Six Million Five Hundred Thousand Dollars ($6,500,000) Multifamily Housing Revenue Bonds by the City of Virginia Beach Development Authority 4. Ordinance to AUTHORIZE the City Manager to EXECUTE Amendment Nos. 2 and 3 to the Encroachment Partnering Agreement with the United States of America, Department of the Navy (USN), to prevent encroachment and incompatible development in the vicinity of the Naval Air Station Oceana (NAS Oceana) 5. Ordinance to AUTHORIZE the City Manager to EXECUTE a three (3) year Lease with Gilly's Creamery, LLC, at the Virginia Beach Farmers Market 6. Ordinance to AUTHORIZE acquisition of temporary and permanent easements for the South Lake Holly Watershed Improvements, Section III, either by agreement or condemnation and AUTHORIZE the City Manager to make a reasonable offer to the owners or persons having an interest in said property 7. Ordinances to AUTHORIZE temporary and permanent encroachments into portions of City - owned property: a. Construct and maintain roof overhangs, roof parapet, hard awnings, light fixtures and a Fire Department connection for Viking Motel Corporation at 27tH, 27 '/,,18tH Streets and Atlantic Avenue at 2700 Atlantic Avenue b. Maintain two (2) existing piers and construct and maintain a boat lift for Glen A. and M. Nicole Williams at Lake Rudee, 726 Kennedy Avenue 8. Ordinances to ACCEPT and APPROPRIATE: a. $15,000 from the United States Department of Homeland Security to the Fire Department's FY2010-11 Operating Budget re an Emergency Management Exercise b. $112,000 from the Inmate Services fund balance to the FY 2010 Operating Budget of the Sheriff's Office to investigate criminal activity within the facility and ADD 2.4 full-time positions to create a Special Investigative Unit 9. Ordinances to TRANSFER: a. $6,381,613 from the School Board's FY 2010-11 Operating Fund: $5,194,613 from Instruction to Technology $ 871,860 from Administration, Attendance and Health to Technology $ 280,500 from Transportation to Operations and Maintenance $ 3 5,0 10 from Instruction to Operations and Maintenance b. $64,429 from the School Board's FY 2010-11 Operating Fund to the Technology Fund re computers and technology supplies: $18,025 from Instruction $44,000 from Administration, Attendance and Health $ 2,404 from Operations and Maintenance C. $2,835,518 from the School Board's FY 2010-11 Operating Fund to the Technology Fund re special education: $2,560,518 from Instruction $ 100,000 from Administration, Attendance and Health $ 175,000 from Transportation �U BFB CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: The FY 2011-12 Operating Budget and Capital Improvement Program Related Ordinances MEETING DATE: May 10, 2011 ■ Background: On March 29, 2011, the City of Virginia Beach FY 2011-12 Proposed Resource Management Plan, which includes the Operating Budget and Capital Improvement Program, was presented to City Council. The City held a budget open house April 6th to provide information to citizens about the proposed budget. City Council held budget workshops on April 5tH 12tH 19tH 26tH and May 3rd to discuss the budget. City Council held public hearings on April 21St and 26th to provide the public the opportunity to comment on the proposed Resource Management Plan. Considerations: Attached is a letter dated May 3rd, signed by Mayor William D. Sessoms, Jr. and Vice Mayor Louis R. Jones, outlining the FY 2012 Operating Budget and Capital Improvement Program recommendations. After discussions at the May 3, 2011 Reconciliation Workshop, the majority of City Council agreed to the following changes to the City Manager's Proposed Operating Budget: • All changes to appropriations in the Operating Budget and Capital Improvement Program as outlined in the Mayor and Vice -Mayor's letter are accepted, including the changes to employee compensation, which provides a general increase of 2.5% with an additional $1 million to allow the City Manager the discretion to address City positions that are most significantly behind the market. The City/School Revenue Sharing Formula will not be eliminated but will be reviewed by a joint City/School committee over the summer. • The Real Estate Tax, as recommended in the Mayor and Vice -Mayor's letter, will be reduced from 91 cents to 89 cents by lowering the local support to Schools $9.2 million and replacing that with School Reserves. Use of the Risk Management Fund and Instructional Technology Fund Balances was confirmed by the School Chief Financial Officer. The Personal Property Tax on vehicles will be reduced from $3.90 cents to $3.70 cents. This reduction will be offset by the use of the fund balance from the General Fund (current projections indicate this use of fund balance will not violate City Council's policy of maintaining 8% to 12% of the following year's revenue estimate). The Beach Wedding Permit Fee will be reduced from $500 to $200. This $4,500 change in revenue is offset by a reduction in Reserve for Contingencies. • The Solid Waste Management Fee will be used to only support waste management operations. • All other proposed taxes/fees and appropriations, as proposed in the City Manager's Proposed budget, will be included in the FY 2011-12 Operating Budget. The proposed ordinances were updated to reflect City Council's direction at the May 3, 2011 Council Reconciliation Workshop. The following ordinances are provided for the Council's consideration and approval to implement the FY 2011-12 Operating Budget and Capital Improvement Program. 1. An Ordinance Making Appropriations for the Fiscal Year Beginning July 1, 2011 and Ending June 30, 2012 in the Sum of $1,742,646,267 for Operations 2. An Ordinance Establishing the Tax Levy on Real Estate for Fiscal Year 2012 3. An Ordinance Establishing the Tax Levy on Personal Property and Machinery and Tools for the Calendar Year 2012 4. An Ordinance to Authorize the City Manager to Submit an Annual Funding Plan to the U.S. Department of Housing and Urban Development 5. An Ordinance to Declare $8,000,000 of Funding within the Sandbridge Tax Increment Financing District as Surplus Funds in the FY 2010-11 Operating Budget 6. An Ordinance to Amend the City Code Pertaining to the Equivalent Residential Unit (ERU) Fee 7. An Ordinance Establishing the Tourism Investment Program (TIP) Fund and Consolidate the Major Projects and Tourism Growth and Investment (TGIF) Funds into the Tourism Investment Program Fund In The FY 2011-12 Operating Budget 8. An Ordinance to Amend Section 4-1.1 of the City Code Pertaining to Permit Processing Fees 9. An Ordinance to Establish the Solid Waste Management Fee to be Charged by the City of Virginia Beach for the Services of Solid Waste Collection, Management, Recycling, and Disposal of Solid Waste, Recyclable Materials, and Other Refuse 10. An Ordinance to Adopt the City Council Policy for the Neighborhood Dredging Program (City Council Policy Attached) 11. A Resolution to Study the Implementation of Business Incentive Program 12. An Ordinance to Add City Code Section 2-208.1 to Establish Reasonable Charges for the Reissuance of Paperwork and Checks 13. An Ordinance to Amend the City Code Section 2-214.1 to Establish a Charge for the Reissuance of Surplus Vehicle Title 14. An Ordinance to Adopt a Policy for Management of General Obligation Debt (City Council Policy Attached) 15. An Ordinance to Adopt the FY 2012/FY 2017 Capital Improvement Program and to Appropriate $302,165,900 for the FY 2012 Capital Budget Subject to Funds Being Provided from Various Sources Set Fourth Herein 16. An Ordinance Authorizing the Issuance of General Obligation Public Improvement Bonds of the City of Virginia Beach, Virginia, in the Maximum Amount of $65,500,000 for Various Public Facilities and General Improvements 17. An Ordinance Authorizing the Issuance of Storm Water Utility System Revenue Bonds of the City of Virginia Beach, Virginia, in the Maximum Amount of $16,300,000 18. An Ordinance Authorizing the Issuance of Water and Sewer System Revenue Bonds of the City Of Virginia Beach, Virginia, in the Maximum Amount of $27,000,000 ■ Public Information: Two public hearings have been held concerning the Operating Budget. Information on these ordinances was disseminated to the public through the normal Council agenda process, including the advertisement of the City Council agenda, pursuant to local and State code requirements. ■ Recommendations: It is recommended that the attached ordinances implementing the FY 2011-12 Operating Budget be approved. ■ Attachments: FY 2011-12 Operating Budget Ordinances Letter Dated May 3rd from Mayor and Vice Mayor Recommended Action: Approval of Ordinances Submitting Department/Agency: Department of Management Services City Manager. S 1"" �cat WILLIAM D. SESSOMS, JR. Mayor May 3, 2011 Members of City Council City of Vlr r, i a S each MUNICIPAL CENTER BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VA 23456-9000 (757) 3854561 FAX (757) 365-5699 WSESSOMS@VBGOV.COM Subject: Reconciliation of the FY 2011-12 Operating Budget and Capital Improvement Program Dear Council Members: At our retreat in January, we laid out a tough course for our City Manager and his staff. The City Council set as a top priority the development of a responsible Operating Budget and six-year construction program while requesting the City begin to address backlogs in roads and technology. We feel the spending plan the City Council received in March met that mandate. The Proposed Operating Budget maintains core services to the community while improving efficiencies. It recommends modest increases in several tax rates and the institution of a new solid waste collection fee to meet these requirements in the face of declining revenues. We believe the economy is slowly improving and the impact on families of the proposed taxes and fees will be modest. However, even a modest burden may prove too much, so we are recommending to you that we eliminate the two cent increase in the real estate tax rate. We believe this is justified when there are sufficient fund surpluses which can be used to maintain core services to replace the revenue generated by this tax rate increase. Therefore, we recommend the two cent real estate tax rate increase be replaced by lowering local funding transferred to the School System by $9.2 million. We feel we can accomplish this without impact to School operations and our children's education in FY 2012 by replacing that funding with School fund balances. We propose using the remaining $5.5 million from the School Risk Management Fund ($14.5 million was already diverted in the Proposed Operating Budget) and $3.8 million from the School Instructional Technology Fund (this will leave a balance of $7 million in this fund). With these transfers, the School Board's adopted FY 2011-12 Operating Budget would remain fully funded. In addition, we are recommending the City Council make the modifications requested by the School Board to their CIP. This request for additional debt capacity will allow the School System to construct the Old Donation Center/Kemps Landing Magnet School beginning in FY 2015; will provide $2.5 million in energy performance- contracts for each of the next three years; and will restore funding to John B. Dey Elementary and to Princess Anne Middle School in FY 2016 and FY 2017. Members of City Council Reconciliation of the FY 2011-12 Operating Budget and Capital Improvement Program May 3, 2011 Page 2 Effective with this budget, we are recommending the elimination of the City/School Revenue Sharing Formula. This construct of the late 1990's served the City Council and School Board well during growth years, but now that resources are more constricted, we believe it has become a barrier to communication between the two bodies. Going forward, we envision jointly meeting with the School Board to discuss both City and School requirements and available resources. These meeting should begin with the Five Year Forecast in November when both bodies receive information that identifies projected trends and financial situations. We are also recommending to you that we adopt the remaining proposed tax and fee increases including the Solid Waste Collection Fee. As you are all aware, we face uncertain times with the disposal of residential trash, not simply in Virginia Beach, but also in the region as the Southeastern Public Service Authority (SPSA) begins. to wind down its operations. Beginning with FY 2016, our capped tipping fee will end and the City's tipping rates will rise to those of surrounding communities. It is prudent that we begin to plan for this eventuality. To us, this is similar to the Lake Gaston decision this body made back in the mid -1980's to pursue a critical water source. It took perseverance to work through a host of naysayers and regulatory hurdles. It also took vision and financing: vision to look ahead and plan for what could happen without the pipeline and financing to pay for something in the future. This is where we find ourselves today. We know SPSA will either be eliminated or will be substantially reconfigured. We also know our cost to dispose of residential solid waste will increase significantly. Putting the Solid Waste Fee in place allows us the financial mechanism needed to deal effectively with both of these issues. Several of you have proposed modification to the compensation plan for City employees included in the proposed Operating Budget. Faced with a third year with no pay increases the City's recruitment and retention of quality, effective staff is in jeopardy. While all have expressed concern for our relative decline in the regional market, most have felt that it would be better to take the available funding and provide a greater increase to all employees. Therefore, we are recommending that we increase the proposed across-the-board increase from 1.5% to 2.5% with this additional 1% coming from the market survey adjustment funding. We are proposing that we provide $1 million to allow the City Manager the discretion to address City positions that are most significantly behind in the market. Also in the area of compensation, as requested by Sheriff Stolle, we are recommending that we increase estimated revenue from Federal Prisoners to allow his Office to provide a 2.5% increase to his employees.' Other items we are recommending that we include in this budget and CIP are: ➢ Reduction in funding for the Governor's Transportation Plan as contained in the draft Virginia Department of Transportation (VDOT) six-year improvement program, and the elimination of three of the seven positions added to support this program; ➢ Funding for the construction of the Blackwater Fire and Rescue Station in FY 2014 ($2,439,409); ➢ Funding to maintain the operations of the Oceanfront Branch of the City Treasurer's Office and the three staff positions ($173,914); Members of City Council Reconciliation of the FY 2011-12 Operating Budget and Capital Improvement Program May 3, 2011 Page 3 ➢ Funding for community employment slots for the developmentally disabled ($25,000). We would also suggest that we accept the Sheriffs generous offer to fund the Therapeutic and Medication Services program in Human Services, through the use of his fund balance ($121,596); and ➢ Funding to add back three positions eliminated in the FY 2011 budget for the Commissioner of Revenue's Office ($160,597) and $35,000 to allow for renovations of their office space to improve efficiencies. To help fund these additions, we recommend adjusting the estimated revenue for personal property based on improving trends. As the Finance Department reported last Tuesday, personal property revenues are currently doing better than anticipated, and Management Services feels we can increase the estimated revenue for next year by $2 million. This increase was split according to the existing City/School Revenue Sharing Formula. Management Services also projects that we can adjust revenues outside of the formula by $390,011 due to recent revenue trends. In addition, we recommend restoring $1.5 million of the initial $2 million estimated revenue loss from the elimination of BPOL taxes on new businesses for the first two years. We understand from discussions with Ms. Wilson and Mr. Davis that the implementation issues will delay this change well into the new fiscal year and the issue may result in new businesses making a minimum payment. The ordinance for this will come to us after the beginning of the fiscal year, so this remains an estimated impact. Again, this revenue was split according to the existing City/School Formula. We also want to thank Ms. Wilson and Mr. Davis for their leadership in working through these issues with the Commissioner of the Revenue and City staff. In closing, we believe this letter reflects the comments and suggestions expressed by each of you. We believe this approach will provide a firmer financial position for the community going into the future. Details of the actual dollar adjustments for both the Capital Improvement Program and Operating Budget are attached. Sincerely, '- P -au,) -ddiz,, William D. Sessoms, Jr. Louis R. Jones Mayor Vice Mayor Enclosures (2) c: James K. Spore Catheryn R. Whitesell Lel U 41 r. rl- r\ 0 0 0 0 1, rn 0) k.n to m O O O O H to Ln O ' (D O t` N N 0 O 41 CO 000 000 00 l.o 00) 000 dl o 00 ri 00 ri OD ri O ri N rn to Lr r- M OO ri 3 0 m -u O O r- C7 O w r� t� O O ri O lD 0 0 I� i 07 O O Ol ri O 0) O O. O O r-1 O 01 0 0 O Q= O O O to a -1 ' eel Ln O O O in O O O O O Q1 I- NN ri I� 07 O N O ri O N r -I r -I r -I O O r, V, M tf1 -4 0) N O > V 0) Y L 3 o a� c m U iF. OA ,y y 0U O d i H. + i O O O V Y^ O y) c c _ N4-1 N O C Y.O. vI F0 R � O o 0 ca as c m no 3 0 Ln m Q > on 0 w co 3 i.: O 4- ai CD c -1.1i m m a1 _ > O j w 4, w bov 0 LA a a � 3 � = aj �n °- M a m- ar c c N 0.6 O ri c is N cu w Q1 O > N O O Y J t O L N a u> C Q w w V .t] V O in U N *� W O LL °� au c M cc a m a o m M �o 0 -a .� LL c O L) �+ L ++ a+ H O L v, 4; En 41O ^, cm 3Z v E 00 w++ �, +, a J M N 'a i Y Q O v- In H d7 C L+ O G N X in N ti ,`��. ,'� C C N 'a m y O 11 cn 0) M CO r.+ Ln O O N of VI C W t � � 3 7 �+ O 3 L Co t O y! 8 - Y v41t [n m Ln 3 L,.! O L 0 U Q < CLW > N ~ Cn U O O > c0 L C O ci N Q y N ti p 4' Ol w1/1! �` t C r0 U N C O m v O C cu f6 C: (6 m cu m (0 �1 `�' u O i+ N O +� On > "✓3 OL2 F- aJ > m 0 O Op u L > L (n Q ar CO !Z LZ F> O U u +Z = C 0 fl LC iai OL U O! O1 V M M ra of U 1 m Q O J w Y- L h v h a� C C M m m co �% c0 m Z3 tg c 3 W W Ot N •= L C C C 5= 4J - = c Q ,� m x x F- C z a m 0 vo w oc I LO� N O N i' LL. O O O O O00 L, N N O O ' ' O O Cl O ' OO ' r LD to O o0 m . i N 00 N ct N Ll LD Ln N n , i 0 O O CD 0 o CD a M Lon r- m Ln n LO a) zp N 00 O p O O OO m O! 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N to C C 01 a' o°° m a� t 0 V u w > ,u E� u °� O Ln a u n U. o x o fOc >� o� E � � L � c9 o II fl c a w v c d a� s = o m o d C o E m 1= s f6c f6 a r - v v ca@ m m m o E v v, a o Y o A t v Ln �, c d LO W r- C , ' L -p Ll.l d' m C LL O > C U -, 'a c c y c c° O 0 O p i p cao y o a5 vcz �,, vi a' y m `o O Q Q 0. d m m m d a� r �� a) 7 m Q1 > 'o ? O i'o O C C C C N 30 Y C 3 U 1 p (�0 > OC N O C u 0 Lo N Ccu N v L N 1.+ O CG d �' U.I O Y J J J W J O O m Q� N to Vr cu of a3 m .-i Ln lD M al m N w Ll i\ 00 N LD L1 00 m N LD d O 00 LD V ..moi _ w Q) R a) w U 06 r O M Ln O p O M C L) LD La Ln Ln N -L N O e -L C O �` U 0 0 0 e -i N .-' r1 e N N N N N N N N 0) M — O —— O kLn u u a u W 1 AN ORDINANCE MAKING APPROPRIATIONS FOR THE FISCAL YEAR 2 BEGINNING JULY 1, 2011 AND ENDING JUNE 30, 2012 IN THE SUM OF 3 $ 1,742,646,267 FOR OPERATIONS 4 WHEREAS, the City Manager has heretofore submitted an Annual Budget for the City for the fiscal year beginning 5 July 1, 2011, and ending June 30, 2012, and it is necessary to appropriate sufficient funds to cover said budget; 6 7 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 9 Sec. 1. That the amounts named aggregating $2,372,814,733 consisting of $453,625,416 in inter -fund transfers, 10 $176,543,050 for internal service funds, and $1,742,646,267 for operations, are hereby appropriated subject to the 11 conditions hereinafter set forth for the use of departments, and designated funds of the City government, and for the 12 purposes hereinafter mentioned, as set forth in the Annual Operating Budget, which is hereby incorporated by reference, 13 for the fiscal year beginning July 1, 2011, and ending June 30, 2012, a summary of which is attached to this ordinance as 14 "Attachment A — Appropriations." 15 16 Sec. 2. That in accordance with Section 5.04 of the City Charter, Estimated Revenue in Support of Appropriations is set 17 forth in said Annual Operating Budget, with a summary of Estimated Revenue in Support of Appropriations attached to this 18 ordinance as "Attachment B — Revenues." 19 20 Sec. 3. With the exception of the School QpeFating Fund funds under the control of the School Board, specifically the 21 funds numbered 106. 107, 108, 109, 112. 114, 115. 116, 117, 119, 614, and 615 (hereinafter referred to as "School Board 22 Funds"), the total number of full-time permanent positions shall be the maximum number of positions authorized for the 23 various departments of the City during the fiscal year, except for changes or additions authorized by the Council or as 24 hereinafter provided. The City Manager may from time to time increase or decrease the number of part-time or temporary 25 positions provided the aggregate amount expended for such services shall not exceed the respective appropriations made 26 therefore. The City Manager is further authorized to make such rearrangements of positions within and between the 27 departments as may best meet the needs and interests of the City. -,including changes necessary to implement the 28 employee transition program. 29 30 Sec. 4. To improve the effectiveness and efficiencies of the government in service delivery, the City Council hereby 31 authorizes the City Manager or his designee to transfer appropriated funds and existing positions throughout the fiscal 32 year as may be necessary to implement organizational adjustments that have been authorized by the City Council. Unless 33 otherwise directed by the City Council, such organizational adjustments shall be implemented on such date or dates as the 34 City Manager determines, in his discretion, to be necessary to guarantee a smooth and orderly transition of existing 35 organizational functions. The City Manager shall make a report each year to the City Council identifying the status and 36 progress of any such organizational adjustments. 37 38 Sec. S. All current and delinquent collections of local taxes shall be credited to the General Fund,and, wheFe appFepFiate, 39 to any speeial seFYOGe dqStF*Gt speeial Fevenue fund OF any tax OACFemeAt financing funds ffeated by City GeUR661. T -Fan 40 shall be Fnade 40FR the GeneFal Fund to the Fespeetiye designated funds to which a special leyy is Fnade *A the affieunt e 41 Special Service District Funds, Tax Increment Financing Fund or anv fund to 42 which City Council has, by ordinance, dedicated a tax le 43 44 Sec. 6. All balances of the appropriations payable out of each fund of the City Treasury at the close of business for the 45 fiscal year ending on June 30, 2012, unless otherwise provided for, are hereby declared to be lapsed into the fund balance 46 of the respective funds, except all appropriations to School Board Funds derived from local public sources the School 47 OpeFating FundOpo.—a which shall lapse k" and revert to the General Fund Balance, and may be used for the payment of the 48 appropriations that may be made in the appropriation ordinance for the fiscal year beginning July 1, 2012. HeweyeF theFe 49yeaF's budgeted 50 Fevenues, fOF contingency and emeFgeney situaCeRs, 51 . Prior to the expenditure 52 of any sums that have lapsed to the fund balance of any fund, an appropriation by the City Council shall be required. 53 54 Sec. 7. That the City's debt management policies for the Water and Sewer Enterprise Fund shall serve as a basis for 55 developing financial strategies for the water and sanitary sewer system based on the following guidelines: (a) for the Water 56 and Sewer Fund, the goal of retaining working capital equal to 80% to 100% of one year's operating expense shall be 57 pursued; (b) for the Water and Sewer Fund, the goal shall be for debt service coverage on its water and sewer revenue 58 bonds at not less than 1.50 times and, on a combined basis, including water and sewer general obligation bonds, at no less 59 than 1.20 times and (c) for the Water and Sewer Fund, contributions from non -borrowed funds, on a five-year rolling 60 average basis, will be sought for approximately 25% of the annual capital program for the water and sewer system. 61 62 Sec. 8. All balances of appropriations in each fund which support authorized obligations or are encumbered at the close 63 of the business for the fiscal year ending on June 30, 2012, are hereby declared to be re -appropriated into the fiscal year 64 beginning July 1, 2012, and estimated revenues adjusted accordingly. 65 66 Sec. 9. All balances of appropriations attributable to grants or other similar funding mechanism from state or federal 67 sources and trust or gift funds, whose period of expenditure extends beyond the fiscal year ending on June 30, 2011, are 68 hereby declared to be re -appropriated into the fiscal year beginning July 1, 2011, and estimated revenues adjusted 69 accordingly. 70 71 Sec.10. No department or agency for which appropriations are made under the provisions of this ordinance shall 72 exceed the amount of such appropriations except with the consent and approval of the City Council first being obtained. It 73 is expressly provided that the restrictions with respect to the expenditure of the funds appropriated shall apply only to the 74 totals for each Appropriation Unit included in this ordinance and does not apply to Inter -fund Transfers. 75 76 Sec.11. The City Manager or the Director of Management Services is hereby authorized to approve transfers of 77 appropriations in an amount up to $100,000 between any Appropriation Units included in this ordinance. The City 78 Manager shall make a monthly report to the City Council of all transfers between $25,000 and $100,000. In addition, the 79 City Manager may transfer, in amounts necessary, appropriations from all Reserves for Contingencies except Reserve for 80 Contingencies — Regular, within the intent of the Reserve as approved by City Council. 81 82 Sec. 12. The City Manager or the Director of Management Services is hereby authorized to establish and administer 83 budgeting within Appropriation Units consistent with best management practices, reporting requirements, and the 84 programs and services adopted by the City Council. The City Manager or the Director of Management Services is further 85 authorized to establish administrative directives to Provide additional management oversight and control to ensure the 86 integrity of the City's budget. 87 88 Sec. 13. The City Manager or the Director of Management Services is hereby authorized to change the Estimated 89 Revenues included in this ordinance to reflect expected collections. If the Estimated Revenue in support of an Operating 90 Appropriation Unit declines, the City Manager or the Director of Management Services is hereby authorized to reduce, 91 subject to any other provision of law, those appropriations to equal the decline in Estimated Revenue. The City Manager 92 shall give prior notice to the City Council of any reduction to total appropriations exceeding $100,000. The notice to City 93 Council shall identify the basis and amount of the appropriation reduction and the Appropriation Units affected. The 94 accounting records of the City will be maintained in a manner that the total of Estimated Revenue is equal to the total of 95 the Appropriation Units for each of the City's funds. The City Manager or the Director of Management Services is hereby 96 authorized to transfer any excess appropriations to the Reserve for Contingencies after all anticipated expenditures for 97 which those funds were appropriated have been incurred. Nothing in this section shall be construed as authorizing any 98 reduction to be made in the amount appropriated in this ordinance for the payment of interest or principal on the bonded 99 debt of the City Government. 100 101 Sec. 14. Allowances made from the appropriations made in this ordinance by any or all of the City departments, 102 bureaus, or agencies, to any of their officers and employees for expenses on account of the use by such officers and 103 employees of their personal automobiles in the discharge of their official duties shall not exceed forty two cents ($0.42) per 104 mile of actual travel for the first 15,000 miles and fifteen cents ($0.15) per mile for additional miles of such use within the 105 fiscal year. 106 107 Sec. 15. In the event of an emergency and under emergency circumstances wherein the City Council cannot reasonably 108 hold a meeting, the City Manager is authorized to transfer and expend appropriated sums from any budget account to 109 ensure that the emergency is handled as efficiently and expeditiously as possible. Immediately following the expenditure 110 of funds under this provision, and as soon as the City Council can reasonably meet under the existing circumstances, the 111 City Manager shall notify the City Council of the reason for such action, how funds were expended, and present to the City 112 Council for adoption an emergency appropriations ordinance that sets forth what measures are required to ensure that 113 funds are forthwith restored to the appropriate accounts and that the budget is balanced at the end of the fiscal year in 114 which the emergency expenditures occurred. 115 116 An emergency is defined for the purposes of this provision as an event that could not have been reasonably 117 foreseen at the time of the adoption of the budget, and in which (i) an immediate threat to the public health, safety or 118 welfare is involved, such as clean-up after a hurricane, and/or (ii) immediate action is required to protect or preserve public 119 properties. 120 121 Sec. 16. All travel expense accounts shall be submitted on forms approved by the Director of Finance and according to 122 regulations approved by the City Council. Each account shall show the dates expenses were incurred or paid; number of 123 miles traveled; method of travel; hotel expenses; meals; and incidental expenses. The Director of Finance is specifically 124 directed to withhold the issuance of checks in the event expense accounts are submitted for "lump -sum" amounts. 125 126 Sec. 17. Violation of this ordinance may result in disciplinary action by the City Manager against the person or persons 127 responsible for the management of the Appropriation Unit in which the violation occurred. 128 129 Sec. 18. Funds in the amount of $3,600,000 are hereby transferred from the fund balance of the General Fund and 130 $1,500,000 from the fund balance of the Emergency FEMA Fund are hereby transferred to the fund balance of the Risk 131 Management Internal Service Fund effective on June 30, 2011. 132 133 Sec. 19. Funds in the amount of $14,500,000 are hereby transferred from the fund balance of the School Risk 134 Management Internal Service Fund to the fund balance of the General Fund effective on June 30, 2011. 135 136' 137 liability in the Scheel Health IRS a Inte al SeFViee Cued 138 139 Sec. 2.20. With the exception of Sections 18 and 19, Tthis ordinance shall be effective on July 1, 2011. 140 141 Sec. 2421. If any part of this ordinance is for any reason declared to be unconstitutional or invalid, such decision shall not 142 affect the validity of the remaining parts of this ordinance. 143 144 Adopted by the Council of the City of Virginia Beach, Virginia, on this the 10`h day of May, 2011. 145 146 Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: Management Services APPROVED AS TO LEGAL SUFFICIENCY: ey' ice City of Virginia Beach, Virginia Fiscal Year 2011-12 Budget Ordinance Attachment A - Appropriations FY 2011-12 Proposed 002 General Fund Agriculture 765,795 Benefits Administration 662,283 Board of Equalization 15,634 Circuit Court 961,733 City Attorney 3,512,286 City Auditor 571,714 City Clerk 539,211 City Manager 2,486,125 City Real Estate Assessor 2,838,546 City Treasurer 4,908,622 Clerk of the Circuit Court 3,016,577 Commissioner of the Revenue 3,848,587 Commonwealth's Attorney 6,836,026 Communications and Information Technology 22,049,653 Community Organization Grants 439,308 Convention and Visitor Bureau 8,588,897 Cultural Affairs 2,391,936 Debt Service 44,862,754 Director of Finance 4,632,305 Economic Development 2,044,395- ,044,395•Emergency EmergencyCommunications and Citizen Services 10,206,092 Emergency Medical Services 7,071,995 Employee Special Benefits 5,040,436 Fire 41,778,219 General District Court 365,424 General Registrar 1,106,926 Health 2,858,445 Housing and Neighborhood Preservation 1,583,015 Human Resources 4,152,528 Human Services 107,855,150 Independent Financial Services 153,878 Juvenile and Domestic Relations District Court 140,243 Juvenile Probation 1,796,775 Leases 1,630,484 Library 15,372,214 Magistrates 94,864 Management Services 1,461,870 Mass Transit Operations 3,519,145 Municipal Council 542,671 Museums 9,135,462 Parks and Recreation 12,381,771 Planning 9,278,067 Police 86,695,027 Public Works 94,131,823 Regional Participation 1,933,213 Reserve for Contingencies 13,456,405 Revenue Reimbursements 15,741,537 Strategic Growth Area 909,169 Transfer to Other Funds 386,169,848 Vehicle Replacements 4,111,914 Fund 002 Appropriation Totals 956,646,997 City of Virginia Beach, Virginia Fiscal Year 2011-12 Budget Ordinance Attachment A - Appropriations FY 2011-12 Proposed 098 School Reserve Special Revenue Fund Transfer to Other Funds 13,300,000 Fund 098 Appropriation Totals 13,300,000 106 School Technology Category Special Revenue Fund Technology 23,321,181 Fund 106 Appropriation Totals 23,321,181 108 School Instructional Technology Fund Instructional Technology 8,125,463 Transfer to Other Funds 3,793,767 Fund 108 Appropriation Totals 11,919,230 109 School Vending Operations Fund Athletic 327,011 Fund 109 Appropriation Totals 327,011 112 School Communication Tower Technology Fund Instructional Technology 585,000 Fund 112 Appropriation Totals 585,000 114 School Cafeteria Fund Cafeteria 27,696,532 Fund 114 Appropriation Totals 27,696,532 115 School Oaeratina Fund Administration, Attendance, and Health Debt Service Instruction Operations and Maintenance Pupil Transportation 116 School Grants Fund Grants 117 School Textbook Fund Textbook 119 School Athletic Special Revenue Fund Athletic 21,588,883 44, 812, 083 499,401,832 85,545,718 29,596,527 Fund 115 Appropriation Totals 680,945,043 96,887,512 Fund 116 Appropriation Totals 96,887,512 10,271,771 Fund 117 Appropriation Totals 10,271,771 4,941,085 Fund 119 Appropriation Totals 4,941,085 City of Virginia Beach, Virginia Fiscal Year 2011-12 Budget Ordinance Attachment A - Appropriations 151 Parks and Recreation Special Revenue Fund Debt Service Future C.I.P. Commitments Parks and Recreation Public Works Transfer to Other Funds 152 Tourism Investment Program Fund Convention and Visitor Bureau Cultural Affairs Debt Service Mass Transit Operations Parks and Recreation Public Works Reserve for Contingencies Strategic Growth Area Transfer to Other Funds 563,591 4,531,592 25,848,177 2,413,510 361,281 Fund 151 Appropriation Totals 33,718,151 157 Sandbridge Special Service District Spec Rev Fd Transfer to Other Funds Fund 152 Appropriation Totals Fund 157 Appropriation Totals 100,000 50,500 25,897,074 590,000 33,099 873,262 330,137 3,495,585 4,030,115 35,399,772 5.414.361 61EAK-1114TAI FY 2011-12 Proposed 130 Law Library Fund Library 215,758 Reserve for Contingencies 4,790 Transfer to Other Funds 57,252 Fund 130 Appropriation Totals 277,800 142 DEA Seized Property Special Revenue Fund Commonwealth's Attorney 200,000 Fund 142 Appropriation Totals 200,000 147 Federal Section 8 Program Special Revenue Fund Housing and Neighborhood Preservation 17,208,894 Fund 147 Appropriation Totals 17,208,894 149 Sheriffs Department Special Revenue Fund Reserve for Contingencies 500,000 Sheriff and Corrections 34,054,989 Transfer to Other Funds 121,596 Fund 149 Appropriation Totals 34,676,585 150 Inmate Services Special Revenue Fund Sheriff and Corrections 1,090,061 Transfer to Other Funds 274,551 Fund 150 Appropriation Totals 1,364,612 151 Parks and Recreation Special Revenue Fund Debt Service Future C.I.P. Commitments Parks and Recreation Public Works Transfer to Other Funds 152 Tourism Investment Program Fund Convention and Visitor Bureau Cultural Affairs Debt Service Mass Transit Operations Parks and Recreation Public Works Reserve for Contingencies Strategic Growth Area Transfer to Other Funds 563,591 4,531,592 25,848,177 2,413,510 361,281 Fund 151 Appropriation Totals 33,718,151 157 Sandbridge Special Service District Spec Rev Fd Transfer to Other Funds Fund 152 Appropriation Totals Fund 157 Appropriation Totals 100,000 50,500 25,897,074 590,000 33,099 873,262 330,137 3,495,585 4,030,115 35,399,772 5.414.361 61EAK-1114TAI City of Virginia Beach, Virginia Fiscal Year 2011-12 Budget Ordinance Attachment A - Appropriations FY 2011-12 Proposed 161 Agriculture Reserve Program Special Revenue Fund Agriculture 158,322 Debt Service 3,296,134 Transfer to Other Funds 2,600,000 Fund 161 Appropriation Totals 6,054,456 163 Tourism Advertising Program Special Revenue Fund Convention and Visitor Bureau 9,823,382 Transfer to Other Funds 56,838 Fund 163 Appropriation Totals 9,880,220 165 Lynnhaven Mall Tax Increment Financing Fund Tax Increment Financing 2,100,000 Fund 165 Appropriation Totals 2,100,000 166 Sandbridae Tax Increment Financinq Fund Future C.I.P. Commitments 8,000,000 Transfer to Other Funds 281,671 Fund 166 Appropriation Totals 8,281,671 169 Central Business District -South TIF (Twn Cntr) Fd Debt Service 5,566,817 Future C.I.P. Commitments 511,788 Transfer to Other Funds 150,000 172 Oben Space Special Revenue Fund Debt Service Parks and Recreation Public Works Transfer to Other Funds 173 Major Projects Special Revenue Fund Transfer to Other Funds 174 Town Center Special Service District Parks and Recreation Town Center Special Tax District Transfer to Other Funds 180 Community Development Special Revenue Fund Housing and Neighborhood Preservation Transfer to Other Funds Fund 169 Appropriation Totals 6,228,605 2,456,342 463,486 15,300 2,340,000 Fund 172 Appropriation Totals 5,275,128 3,129,087 Fund 173 Appropriation Totals 3,129,087 53,000 1,700,576 7QR rind Fund 174 Appropriation Totals 2,052,140 2,185,615 128,858 Fund 180 Appropriation Totals 2,314,473 City of Virginia Beach, Virginia Fiscal Year 2011-12 Budget Ordinance Attachment A - Appropriations 181 CD Loan and Grant Fund Debt Service Housing and Neighborhood Preservation 182 Federal Housing Assistance Grant Fund Housing and Neighborhood Preservation 183 Grants Consolidated Fund Commonwealth's Attorney Emergency Medical Services Fire Housing and Neighborhood Preservation Human Services Museums Police Public Works Reserve for Contingencies Transfer to Other Funds 241 Water and Sewer Fund Debt Service Public Utilities Reserve for Contingencies Transfer to Other Funds 253 Parkina Enterprise Fund Debt Service Reserve for Contingencies Strategic Growth Area Transfer to Other Funds 255 Storm Water Utilitv Enterprise Fund Debt Service Public Works Reserve for Contingencies Transfer to Other Funds FY 2011-12 Proposed 186,418 Ana 1n7 Fund 181 Appropriation Totals 1,090,525 1,658,628 Fund 182 Appropriation Totals 1,658,628 309,299 375,000 757,260 1,187,213 2,261,788 31,000 71,137 15,000 100,000 400,000 Fund 183 Appropriation Totals 5,507,697 17,763,841 75,443, 342 2,077,440 17 QA A Ann Fund 241 Appropriation Totals 113,228,023 725,012 553,742 1,609,107 d1 r,1,in Fund 253 Appropriation Totals 3,302,991 2,484,430 14,745,112 283,384 17 Ariq nQ7 Fund 255 Appropriation Totals 29,872,023 City of Virginia Beach, Virginia Fiscal Year 2011-12 Budget Ordinance Attachment A - Appropriations 540 General Government Capital_Proiects Fund Building Capital Projects Coastal Capital Projects Communications and Information Technology Projects Economic and Tourism Development Capital Projects Parks and Recreation Capital Projects Roadways Capital Projects 541 Water and Sewer Capital Projects Fund Water and Sewer Capital Projects 555 Storm Water Capital Projects Fund Storm Water Capital Projects 604 Print Shop Internal Service Fund Communications and Information Technology Reserve for Contingencies 606 City Garage Internal Service Fund Public Works Reserve for Contingencies 607 Risk Management Internal Service Fund Director of Finance 610 Caoital Proiects Internal Service Fund Communications and Information Technology Director of Finance Economic Development Public Works 613 School Landscaping Internal Service Fund Parks and Recreation 614 School Risk Management Fund School Risk Management FY 2011-12 Pr000sed 1,016,000 5,414,361 4,884,162 4,371,732 4,437,089 2,000,000 Fund 540 Appropriation Totals 22,123,344 8.000.000 Fund 541 Appropriation Totals 8,000,000 10.836.635 Fund 555 Appropriation Totals 10,836,635 2,051,822 325,832 Fund 604 Appropriation Totals 2,377,654 9,370,974 538,916 Fund 606 Appropriation Totals 9,909,890 11,528, 230 Fund 607 Appropriation Totals 11,528,230 202,170 58,578 72,297 228.721 Fund 610 Appropriation Totals 561,766 3.867.990 Fund 613 Appropriation Totals 3,867,990 11,488,946 Fund 614 Appropriation Totals 11,488,946 City of Virginia Beach, Virginia Fiscal Year 2011-12 Budget Ordinance Attachment A - Appropriations 615 City and School Health Insurance Fund City and School Health Insurance 616 Fuels Internal Service Fund Public Works Reserve for Contingencies 620 Telecommunications Internal Service Fund Communications and Information Technology Reserve for Contingencies 621 Subscriptions Internal Service Fund Communications and Information Technology 908 City Beautification Fund Parks and Recreation 909 Library Gift Fund Library 911 Parks and Recreation Gift Fund Parks and Recreation Total Budget Appropriations Less Internal Service Funds Less Interfund Transfers NET BUDGET APPROPRIATIONS FY 2011-12 Proposed 124,831,160 Fund 615 Appropriation Totals 124,831,160 5,512,210 Fund 616 Appropriation Totals 5,745,684 2,104,344 Fund 620 Appropriation Totals 2,722,235 3,509,495 Fund 621 Appropriation Totals 3,509,495 72,500 Fund 908 Appropriation Totals 72,500 7,000 Fund 909 Appropriation Totals 7,000 155,000 Fund 911 Appropriation Totals 155,000 2,372,814,733 176, 543, 050 1,742,646,267 City of Virginia Beach, Virginia Fiscal Year 2011-12 Budget Ordinance Attachment B - Revenue Fund 002 Revenue Totals 956,646,997 098 School Reserve Special Revenue Fund Specific Fund Reserves 13,300,000 Fund 098 Revenue Totals 13,300,000 106 School Technology Category Special Revenue Fund Transfers from Other Funds 23,321,181 Fund 106 Revenue Totals 23,321,181 108 School Instructional Technology Fund Specific Fund Reserves 109 School Vendina Operations Fund Revenue From Local Sources From the Use of Money and Property Miscellaneous Revenue Specific Fund Reserves 112 School Communication Tower Technology Fund Revenue From Local Sources From the Use of Money and Property Specific Fund Reserves 11, 919,230 Fund 108 Revenue Totals 11,919,230 10,000 180,000 137,011 Fund 109 Revenue Totals 327,011 260,000 325,000 Fund 112 Revenue Totals 585,000 FY 2011-12 Proposed 002 General Fund Revenue From Local Sources Automobile License 9,275,877 Business License 41,342,542 Charges for Services 42,387,732 Cigarette Tax 10,872,856 Fines and Forfeitures 5,900,060 From the Use of Money and Property 5,267,130 General Sales Tax 52,958,340 Hotel Room Tax 5,514,670 Miscellaneous Revenue 5,869,236 Other Taxes 14,677,555 Permits, Privilege Fees, and Regulatory Licenses 4,007,700 Personal Property 123,689,318 Real Estate 421,778,596 Restaurant Meal Tax 32,933,261 Utility Tax 45,661,307 Revenue from the Commonwealth Other Sources from the Commonwealth 89,898,567 Revenue from the Federal Government 21,632,376 Specific Fund Reserves 6,236,739 Transfers from Other Funds 16,743,135 Fund 002 Revenue Totals 956,646,997 098 School Reserve Special Revenue Fund Specific Fund Reserves 13,300,000 Fund 098 Revenue Totals 13,300,000 106 School Technology Category Special Revenue Fund Transfers from Other Funds 23,321,181 Fund 106 Revenue Totals 23,321,181 108 School Instructional Technology Fund Specific Fund Reserves 109 School Vendina Operations Fund Revenue From Local Sources From the Use of Money and Property Miscellaneous Revenue Specific Fund Reserves 112 School Communication Tower Technology Fund Revenue From Local Sources From the Use of Money and Property Specific Fund Reserves 11, 919,230 Fund 108 Revenue Totals 11,919,230 10,000 180,000 137,011 Fund 109 Revenue Totals 327,011 260,000 325,000 Fund 112 Revenue Totals 585,000 City of Virginia Beach, Virginia Fiscal Year 2011-12 Budget Ordinance Attachment B - Revenue 114 School Cafeteria Fund Revenue From Local Sources Charges for Services From the Use of Money and Property Miscellaneous Revenue Revenue from the Commonwealth Other Sources from the Commonwealth Revenue from the Federal Government Specific Fund Reserves 115 School Operating Fund Revenue From Local Sources Charges for Services From the Use of Money and Property Miscellaneous Revenue Schools Risk Management Fund Revenue from the Commonwealth Other Sources from the Commonwealth State Shared Sales Tax Revenue from the Federal Government Transfers from Other Funds 116 School Grants Fund Revenue From Local Sources Miscellaneous Revenue Revenue from the Commonwealth Other Sources from the Commonwealth Revenue from the Federal Government 117 School Textbook Fund Revenue From Local Sources From the Use of Money and Property Miscellaneous Revenue Revenue from the Commonwealth Other Sources from the Commonwealth Specific Fund Reserves 119 School Athletic Special Revenue Fund Revenue From Local Sources Charges for Services From the Use of Money and Property Miscellaneous Revenue Specific Fund Reserves Fund 114 Revenue Totals Fund 115 Revenue Totals Fund 116 Revenue Totals Fund 117 Revenue Totals FY 2011-12 Proposed 14,240,472 36,000 140,000 330,000 12,596,628 353,432 27.696.532 2,159,938 465,000 657,000 5,500,000 235,353,367 72,311, 348 16,636,723 347,861,667 680.945.043 2,970,691 15,158,419 78,758,402 96.887.512 100,000 10,000 1,671,771 8,490,000 10.271.771 494,000 45,000 4,202,085 200,000 Fund 119 Revenue Totals 4,941,085 City of Virginia Beach, Virginia Fiscal Year 2011-12 Budget Ordinance Attachment B - Revenue Fund 147 Revenue Totals 17,208,894 149 Sheriffs Department Special Revenue Fund Revenue From Local Sources Charges for Services FY 2011-12 From the Use of Money and Property Proposed 130 Law Library Fund 10,000 Revenue From Local Sources 382,093 Charges for Services 270,000 From the Use of Money and Property 7,800 Fund 130 Revenue Totals 277,800 142 DEA Seized Property Special Revenue Fund 12,583,204 Specific Fund Reserves 200,000 Fund 142 Revenue Totals 200,000 147 Federal Section 8 Program Special Revenue Fund Revenue From Local Sources Charges for Services 15,000 From the Use of Money and Property 10,165 Miscellaneous Revenue 30,000 Revenue from the Federal Government 17,078,042 Transfers from Other Funds 75,687 Fund 147 Revenue Totals 17,208,894 149 Sheriffs Department Special Revenue Fund Revenue From Local Sources Charges for Services 2,720,608 From the Use of Money and Property 2,500 Miscellaneous Revenue 10,000 Revenue from the Commonwealth 382,093 Other Sources from the Commonwealth 17,607,506 Revenue from the Federal Government 901,155 Specific Fund Reserves 851,612 Transfers from Other Funds 12,583,204 Fund 149 Revenue Totals 34,676,585 150 Inmate Services Special Revenue Fund Revenue From Local Sources 11,997,001 Charges for Services 967,519 From the Use of Money and Property 15,000 Specific Fund Reserves 382,093 Revenue from the Commonwealth Fund 150 Revenue Totals 1,364,612 151 Parks and Recreation Special Revenue Fund Revenue From Local Sources Charges for Services 11,997,001 From the Use of Money and Property 1,421,587 Miscellaneous Revenue 3,000 Real Estate 17,222,900 Revenue from the Commonwealth Other Sources from the Commonwealth 11,000 Transfers from Other Funds 3,062,663 Fund 151 Revenue Totals 33,718,151 City of Virginia Beach, Virginia Fiscal Year 2011-12 Budget Ordinance Attachment B - Revenue Fund 152 Revenue Totals FY 2011-12 157 Sandbridae Special Service District Spec Rev Fd Proposed 152 Tourism Investment Program Fund Revenue From Local Sources 20,000 Amusement Tax 5,339,451 Cigarette Tax 906,071 Fines and Forfeitures 972,755 From the Use of Money and Property 691,792 Hotel Room Tax 14,064,451 Permits, Privilege Fees, and Regulatory Licenses 72,091 Restaurant Meal Tax 9,974,074 Transfers from Other Funds 3,379,087 Fund 152 Revenue Totals 35,399,772 157 Sandbridae Special Service District Spec Rev Fd Revenue From Local Sources From the Use of Money and Property 20,000 Hotel Room Tax 80,000 Other Taxes 906,090 Real Estate 614,599 Specific Fund Reserves 1,934,567 Transfers from Other Funds 1,859,105 Fund 157 Revenue Totals 5,414,361 161 Agriculture Reserve Program Special Revenue Fund Revenue From Local Sources Real Estate 4,459,324 Specific Fund Reserves 1,595,132 Fund 161 Revenue Totals 6,054,456 163 Tourism Advertisina Program Special Revenue Fund Revenue From Local Sources Charges for Services 100,950 From the Use of Money and Property 48,442 Hotel Room Tax 4,986,076 Miscellaneous Revenue 40,000 Restaurant Meal Tax 4,704,752 Fund 163 Revenue Totals 9,880,220 165 Lynnhaven Mall Tax Increment Financing Fund Revenue From Local Sources Real Estate Specific Fund Reserves 166 Sandbridae Tax Increment Financing Fund Revenue From Local Sources From the Use of Money and Property Real Estate Specific Fund Reserves 1,807,709 292,291 Fund 165 Revenue Totals 2,100,000 48,510 7,445,845 787,316 Fund 166 Revenue Totals 8,281,671 City of Virginia Beach, Virginia Fiscal Year 2011-12 Budget Ordinance Attachment B - Revenue 169 Central Business District -South TIF (Twn Cntr) Fd Revenue From Local Sources From the Use of Money and Property Hotel Room Tax Real Estate Specific Fund Reserves 172 Open Space Special Revenue Fund Revenue From Local Sources From the Use of Money and Property Restaurant Meal Tax Specific Fund Reserves 173 Major Projects Special Revenue Fund Specific Fund Reserves 174 Town Center Saecial Service District Revenue From Local Sources From the Use of Money and Property Real Estate Specific Fund Reserves Transfers from Other Funds 180 Communitv Development Special Revenue Fund Revenue From Local Sources Charges for Services Revenue from the Federal Government Transfers from Other Funds 181 CD Loan and Grant Fund Non -Revenue Receipts Revenue from the Federal Government 182 Federal Housing Assistance Grant Fund Non -Revenue Receipts Revenue from the Federal Government Fund 169 Revenue Totals Fund 172 Revenue Totals FY 2011-12 Proposed 15,000 500,000 5,241,159 472,446 6.228.605 47,090 4,140,181 1,087,857 5.275.128 3,129,087 Fund 173 Revenue Totals 3,129,087 5,475 1,689, 868 206,797 150,000 Fund 174 Revenue Totals 2,052,140 60,000 1,675,775 578,698 Fund 180 Revenue Totals 2,314,473 125,000 965,525 Fund 181 Revenue Totals 1,090,525 125,000 1,533,628 Fund 182 Revenue Totals 1,658,628 City of Virginia Beach, Virginia Fiscal Year 2011-12 Budget Ordinance Attachment B - Revenue 241 Water and Sewer Fund Non -Revenue Receipts FY 2011-12 Revenue From Local Sources Proposed 183 Grants Consolidated Fund 105,220,346 Revenue From Local Sources 941,491 Charges for Services 35,000 Revenue from the Commonwealth 3,361,943 Other Sources from the Commonwealth 2,948,705 Revenue from the Federal Government 2,113,722 Transfers from Other Funds 410,270 Fund 183 Revenue Totals 5,507,697 241 Water and Sewer Fund Non -Revenue Receipts 2,756,130 Revenue From Local Sources From the Use of Money and Property Charges for Services 105,220,346 From the Use of Money and Property 941,491 Miscellaneous Revenue 308,619 Specific Fund Reserves 3,361,943 Transfers from Other Funds 639,494 Fund 241 Revenue Totals 113,228,023 253 Parking Enterprise Fund Revenue From Local Sources Charges for Services 3,126,000 From the Use of Money and Property 67,000 Transfers from Other Funds 109,991 Fund 253 Revenue Totals 3,302,991 255 Storm Water Utilitv Enterprise Fund Revenue From Local Sources Charges for Services 27,695,768 From the Use of Money and Property 285,000 Transfers from Other Funds 1,891,255 Fund 255 Revenue Totals 29,872,023 540 General Government Capital Projects Fund Transfers from Other Funds 22,123,344 Fund 540 Revenue Totals 22,123,344 541 Water and Sewer Capital Projects Fund Transfers from Other Funds 8,000,000 Fund 541 Revenue Totals 8,000,000 555 Storm Water Capital Projects Fund Transfers from Other Funds 10,836,635 Fund 555 Revenue Totals 10,836,635 604 Print Shop Internal Service Fund Revenue From Local Sources Charges for Services 2,375,154 From the Use of Money and Property 2,500 Fund 604 Revenue Totals 2,377,654 City of Virginia Beach, Virginia Fiscal Year 2011-12 Budget Ordinance Attachment B - Revenue FY 2011-12 PrnnnSP_ri 606 City Garage Internal Service Fund Revenue From Local Sources Charges for Services 9,909,890 Fund 606 Revenue Totals 9,909,890 607 Risk Management Internal Service Fund Revenue From Local Sources Charges for Services 9,161,698 Miscellaneous Revenue 15,000 Specific Fund Reserves 2,351,532 Fund 607 Revenue Totals 11,528,230 610 Capital Projects Internal Service Fund Revenue From Local Sources Charges for Services 561,766 Fund 610 Revenue Totals 561,766 613 School Landscaping Internal Service Fund Revenue From Local Sources Charges for Services 3,867,990 Fund 613 Revenue Totals 3,867,990 614 School Risk Management Fund Revenue From Local Sources Charges for Services 5,965,209 Miscellaneous Revenue 23,737 Specific Fund Reserves 5,500,000 Fund 614 Revenue Totals 11,488,946 615 City and School Health Insurance Fund Revenue From Local Sources Miscellaneous Revenue 107,161,957 Specific Fund Reserves 17,669,203 Fund 615 Revenue Totals 124,831,160 616 Fuels Internal Service Fund Revenue From Local Sources Charges for Services 5,745,684 Fund 616 Revenue Totals 5,745,684 620 Telecommunications Internal Service Fund Revenue From Local Sources Charges for Services 2,722,235 Fund 620 Revenue Totals 2,722,235 621 Subscriptions Internal Service Fund Revenue From Local Sources Charges for Services 2,622,515 Specific Fund Reserves 886,980 Fund 621 Revenue Totals 3,509,495 City of Virginia Beach, Virginia Fiscal Year 2011-12 Budget Ordinance Attachment B - Revenue FY 2011-12 Proposed 908 City Beautification Fund Revenue From Local Sources Miscellaneous Revenue 72,500 Fund 908 Revenue Totals 72,500 909 Library Gift Fund Revenue From Local Sources Miscellaneous Revenue 911 Parks and Recreation Gift Fund Revenue From Local Sources Miscellaneous Revenue Total Budget Revenues Less Internal Service Funds Less Interfund Transfers NET BUDGET REVENUES 7,000 Fund 909 Revenue Totals 7,000 Fund 911 Revenue Totals 155,000 2,372,814,733 176,543,050 453,625,416 1,742,646,267 1 AN ORDINANCE ESTABLISHING THE TAX LEVY ON REAL ESTATE FOR FISCAL 2 YEAR 2012 3 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 4 5 Sec. 1. Amount of Levy on Real Estate. 6 There shall be levied and collected for fiscal year 2012 taxes for general purposes on all real estate, including all 7 separate classifications of real estate set forth in the Code of Virginia, not exempt from taxation and not otherwise provided 8 for in this ordinance, at the rate of eighty-nine cents ($0.89) on each one hundred dollars ($100) of assessed valuation 9 thereof. The real property tax rate that has been prescribed in this section shall be applied on the basis of one hundred 10 percentum of the fair market value of such real property, except for public service real property, which shall be on the basis 11 as provided in Section 58.1-2604 of the Code of Virginia. 12 13 Sec. 2. Amount of Levy on "Certified Pollution Control Equipment and Facilities" Classified as Real Estate, "Certified 14 Storm Water Management Developments and Property," "Certified Solar Energy Recycling Equipment, Facilities 15 or Devices" Classified as Real Estate, and "Environmental Restoration Sites," Real Estate Improved by Erosion 16 Controls, and Certain Wetlands and Riparian Buffers. 17 In accordance with Sections 58.1-3660 (A), 58.1-3660.1, 58.1-3661, 58.1-3664, 58.1-3665 and 58.1-3666 of the 18 Code of Virginia, there shall be levied and collected for general purposes for fiscal year 2012, taxes on all real estate (a) 19 certified by the Commonwealth of Virginia as "Certified Pollution Control Equipment and Facilities," (b) certified by the 20 Department of Environmental Quality as "Certified Storm Water Management Developments and Property," (c) certified as 21 provided by Code of Virginia Section 58.1-3661 as "Certified Solar Energy Equipment, Facilities or Devices," or "Certified 22 Recycling Equipment, Facilities or Devices," (d) defined by Code of Virginia Section 58.1-3664 as an "Environmental 23 Restoration Site," (e) improved to control erosion as defined by Code of Virginia § 58.1-3665, or (f) qualifying as wetlands 24 and riparian buffers as described by Code of Virginia § 58.1-3666, not exempt from taxation, at a rate of eighty-nine cents 25 ($0.89) on each one hundred dollars of assessed valuation thereof. The real property tax rates imposed in this section shall 26 be applied on the basis of one hundred percentum of fair market value of such real property except for public service 27 property, which shall be on the basis as provided in Section 58.1-2604 of the Code of Virginia. 28 29 Sec. 3. Amount of Levy on Real Estate Within the Sandbridge Special Service District. 30 There shall be levied and collected for fiscal year 2012, taxes for the special purpose of providing beach and 31 shoreline restoration and management at Sandbridge on all real estate within the Sandbridge Special Service District, not 32 exempt from taxation, at the rate of six cents ($0.06) on each one hundred dollars ($100) of assessed value thereof. This 33 real estate tax rate shall be in addition to the real estate tax rate set forth in Section 1 of this ordinance. For real property 34 that qualifies for Land Use Assessment, pursuant to Division 2 of Chapter 35 of the City Code or Exemption Deferral or 35 Freeze for Elderiv and Disabled Persons pursuant to Division 3 of Chapter 35 of the City Code this real estate tax rate shall 36 be applied in the same manner as the real estate tax rate set forth in Section 1 of this ordinance The real estate tax rate 37 imposed herein shall be applied on the basis of one hundred percentum of the fair market value of such real property 38 except for public service real property, which shall be on the basis as provided in Section 58.1-2604 of the Code of Virginia. 39 40 Sec. 4. Amount of Levy on Real Estate Within the Town Center Special Service District. 41 For the special purpose of operating and maintaining the parking garage and providing enhanced services for the 42 plaza and public spaces within the boundaries of the service district at the Town Center, as well as other additional services 43 authorized by Virginia Code § 15.2-2403, there shall be levied and collected for fiscal year 2012, taxes on all real estate 44 within the Town Center Special Service District, not exempt from taxation, at the rate of forty-five cents ($0.45) on each one 45 hundred dollars ($100) of assessed value thereof. This real estate tax rate shall be in addition to the real estate tax set forth 46 in Section 1 of this ordinance. For real property that qualifies for Land Use Assessment pursuant to Division 2 of Chapter 47 35 of the City Code. or Exemption, Deferral or Freeze for Elderly and Disabled Persons pursuant to Division 3 of Chapter 35 48 of the City Code, this real estate tax rate shall be applied in the same manner as the real estate tax rate set forth in Section 49 1 of this ordinance. The real estate tax rate imposed herein shall be applied on the basis of one hundred percentum of the 50 fair market value of such real property, except for public service real property, which shall be on the basis as provided in 51 Section 58.1-2604 of the Code of Virginia. 52 53 Sec. 5. Amount of Levy on "Energy -Efficient Buildings". 54 In accordance with Section 58.1-3221.2 of the Code of Virginia and any relevant section of the City Code, there 55 shall be levied and collected for general purposes for the fiscal year 2012, taxes on all real estate that has been classified as 56 an energy efficient building, not exempt from taxation, at a rate of seventy-four cents ($0.74) on each one hundred dollars 57 of assessed valuation thereof. The real property tax rate imposed in this section shall be applied on the basis of one 58 hundred percentum of fair market value of such real property except for public service property, which shall be on the basis 59 as provided in Section 58.1-2604 of the Code of Virginia. 60 61 Sec. 6. Severability. 62 If any portion of this ordinance is for any reason declared to be unconstitutional or invalid, such decision shall not 63 affect the validity of the remaining portions of this ordinance. 64 65 Sec. 7. Effective Date. 66 The effective date of this ordinance shall be July 1, 2011. 67 68 Adopted by the City Council of the City of Virginia Beach, Virginia on this 10`h day of May, 2011. 69 70 Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Management Services's ffice 1 AN ORDINANCE ESTABLISHING THE TAX LEVY ON PERSONAL 2 PROPERTY AND MACHINERY AND TOOLS FOR THE CALENDAR YEAR 3 2012 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 6 Sec. 1. Amount of Levy on the General Classification of Tangible Personal Property. 7 In accordance with Chapter 35 of Title 58.1 of the Code of Virginia, taxes shall be levied and collected for general 8 purposes for the calendar year 2012 on all tangible personal property, including all separate classifications of personal 9 property set forth in the Code of Virginia, not exempt from taxation and not otherwise provided for in this ordinance, at the 10 rate of three dollars and seventy cents ($3.70) on each one hundred dollars ($100) assessed valuation thereof. 11 12 Sec. 2. Personal Property Tax Relief. 13 As required by § 58.1-3523 of the Code of Virginia, qualifying vehicles (as defined by § 58.1-3523), not otherwise 14 exempted from taxation in this ordinance or by law, shall be subject to the following: 15 1 Any qualifying -vehicle with a total assessed value of $1,000 or less will be levied no tax. 16 2. Any qualifying vehicle with an assessed value of between $1,001 and $20,000 will be levied 34.0% 38°6 of 17 the computed tax based on the total assessed value of the vehicle. Reimbursement is expected from the state under the 18 Personal Property Tax Relief Act equal to the remaining 66.0% 780A of the computed tax on the first $20,000 of assessed 19 value. 20 3. Any qualifying vehicle with an assessed value of over $20,000 will be levied 34.0% 38°k -of the computed tax 21 based on the first $20,000 of assessed value and 100% of the computed tax based on the assessed value in excess of 22 $20,000. Reimbursement is expected from the state under the Personal Property Tax Relief Act equal to the remaining 23 66.0% 740/*- of the computed tax on the first $20,000 of assessed value. 24 4. Pursuant to authority conferred in Item 503.D of the 2005 Virginia Appropriations Act, the City Treasurer is 25 authorized to issue a supplemental personal property tax bill, in the amount of 100% of the tax due without regard to any 26 former entitlement to state relief, plus applicable penalties and interest, to any taxpayer whose taxes with respect to a 27 qualifying vehicle for tax year 2005 or any prior tax year remain unpaid on September 1, 2006, or such earlier date as 28 reimbursement with respect to such bill is no longer available from the Commonwealth, whichever earlier occurs. 29 Penalties and interest with respect to bills issued pursuant to this section shall be computed on the entire amount of tax 30 owed. Interest shall be computed from the original due date of the tax. 31 32 Sec. 3. Amount of Levv on Certain Classifications of Taneible Personal Prooert 33 In accordance with Chapter 35 of Title 58.1 of the Code of Virginia, taxes shall be levied and collected for general 34 purposes for the calendar year 2012 on the certain classifications of tangible personal property set forth below at the rate 35 of three dollars and seventy cents ($3.70) on each one hundred dollars ($100) assessed valuation thereof. 36 a. heavy construction equipment as described in Code of Virginia § 58.1-3506 (A) (8); 37 b. computer equipment as described in Code of Virginia § 58.1-3506 (A) (11); 38 c. tangible personal property as described in (a) Code of Virginia § 58.1-3506 as "certified pollution control 39 equipment and facilities" and (b) Code of Virginia § 58.1-3661 as "certified solar equipment, facilities or devices and 40 certified recycling equipment, facilities or devices"; 41 d. furniture, office, and maintenance equipment as described in Code of Virginia § 58.1-3506 (A) (24); 42 e. all tangible personal property employed in a trade or business other than described in subdivisions A 1 43 through A 18, except for subdivision A 17, of § 58.1-3503 as described in Code of Virginia § 58.1-3506 (A) (26); 44 f. programmable computer equipment and peripherals employed in a trade or business ad described in Code of 45 Virginia § 58.1-3506 (A) (27); 46 g. tangible personal property used in the provision of internet service as described in Code of Virginia § 58-1- 47 3506 (A) (31); 48 h. forest harvesting and silvicultural activity as described in Code of Virginia § 58-1-3506 (A) (33); 49 i. equipment used primarilv for research, development, production or provision of biotechnologv as described in 50 Code of Virginia § 58-1-3506 (A) (34); 51 j. tangible personal property which is owned and operated by a service provider who is not a CMRS provider and 52 is not licensed by the FCC used to provide, for a fee, wireless broadband internet service as described in Code of Virginia § 53 58-1-3506 (A) (37). 54 55 Sec. 94. Amount of Levy on Manufactured Homes. 56 There shall be levied and collected for general purposes for the calendar year 2012 taxes on all vehicles without 57 motive power, used or designated to be used as manufactured homes, as defined by Section 36-85.3 of the Code of 58 Virginia, at the rate of eighty-nine cents ($0.89) on each one hundred dollars ($100) of assessed valuation thereof. Such 59 property declared a separate class of tangible personal property in Section 58.1-3506 (A) (10). 60 61 Sec. 4-5. Amount of Levy on All Boats or Watercraft Used for Business Purposes Only. 62 There shall be levied and collected for general purposes for the calendar year 2012 taxes on all boats or watercraft 63 used for business purposes (both boats weighing less than five (5) tons and boats weighing five (5) tons or more), except as 64 provided for in Section 6 of this ordinance, at the rate of one dollar and fifty cents ($1.50) on each one hundred dollars 65 ($100) of assessed valuation thereof. Such property declared a separate class of tangible personal property in Sections 66 58.1-3506 (A) (35) and (A) (36). 67 68 Sec.56. Amount of Levy on All Boats or Watercraft Not Used Solely for Business Purposes. 69 There shall be levied and collected for general purposes for the calendar year 2012 taxes on all boats or watercraft 70 not used solely for business purposes weighing less than five (5) tons, and weighing five (5) tons or more, except as 71 provided for in Section 6 of this ordinance, at the rate of one dollar and fifty cents ($1.50) on each one hundred dollars 72 ($100) of assessed valuation thereof. Such property declared a separate class of tangible personal property in Sections 73 58.1-3506 (A) (1) (a) and (A) (1) (b). 74 75 Sec. 67. Amount of Levy on Machinery and Tools. 76 In accordance with Section 58.1-3507 of the Code of Virginia, there shall be levied and collected for general 77 purposes for the calendar year 2012 taxes on machinery and tools, including machinery and tools used directly in the 78 harvesting of forest products or semiconductor manufacturing, not exempt from taxation, at the rate of one del!aF 79 one millionth of one cent ($.000001) on each one hundred dollars ($100) of assessed valuation thereof. As provided by 80 Code of Virginia § 58.1-3506 (B), the following personal property shall also be taxed at the rate of machinery and tools: 81 a. all tangible personal property used in research and development businesses, as described in Code of 82 Virginia § 58.1-3506 (A) (7); 83 b. generating or cogenerating equipment, as described in Code of Virginia § 58.1-3506 (A) (9); and 84 c. all motor vehicles, trailers and semitrailers with a gross vehicle weight of 10,000 pounds or more used to 85 transport property for hire by a motor carrier engaged in interstate commerce, as described in Code of Virginia § 58.1-3506 86 (A)(25). 87 88 Sec. :;8. Amount of Levy on Privately Owned Pleasure Boats and Watercraft Used for Recreational Purposes Only. 89 There shall be levied and collected for general purposes for the calendar year 2012 taxes on all privately owned 90 pleasure boats and watercraft used for recreational purposes only, at the rate of one millionth of one cent ($.000001) on 91 each one hundred dollars ($100) of assessed valuation thereof. Such property declared a separate class of tangible personal 92 property in Sections 58.1-3506 (A) (12), (A) (28), and (A) (29). 93 94 Sec. 89. Amount of Levy on Privately Owned Camping Trailers, Privately Owned Travel Trailers, and Motor Homes Used 95 for Recreational Purposes Only, and Privately Owned Horse Trailers. 96 There shall be levied and collected for general purposes for the calendar year 2012 taxes at the rate of one dollar 97 and fifty cents ($1.50) on each one hundred dollars ($100) of assessed valuation thereof on the following property: (a) all 98 privately owned camping trailers and motor homes as defined in Section 46.2-100 of the Code of Virginia and privately 99 owned travel trailers as defined in Code of Virginia § 46.2-1900, that are used for recreational purposes only; and (b) 100 privately owned trailers as defined in § 46.2-100 of the Code of Virginia that are designed and used for the transportation of 101 horses, except those trailers described in subdivision (A) (11) of § 58.1-3505 of the Code of Virginia. Such property 102 declared a separate class of tangible personal property in Sections 58.1-3506 (A) (18) and (A) (30). 103 104 Sec. 910. Amount of Levy on One Motor Vehicle Owned and Regularly Used by a Disabled Veteran. 105 There shall be a reduced tax, levied and collected for general purposes for the calendar year 2012 at the rate of 106 one dollar and fifty cents ($1.50) on each one hundred dollars ($100) of assessed valuation, on one (1) motor vehicle owned 107 and regularly used by a veteran who has either lost, or lost the use of, one or both legs, or an arm or a hand, or who is 108 blind, or who is permanently and totally disabled as certified by the Department of Veterans' Affairs. Any motor vehicles in 109 addition to the one (1) so taxed shall not qualify for the taxation at the rate established herein, and shall be taxed at the 110 rate or rates applicable to that class of property. To qualify, the veteran shall provide a written statement to the 111 Commissioner of the Revenue from the Department of Veterans' Affairs that the veteran has been so designated or 112 classified by the Department of Veterans' Affairs as to meet the requirements of Section 58.1-3506 (A) (19), and that his or 113 her disability is service connected. Such property declared a separate class of tangible personal property in Section 58.1- 114 3506 (A) (19). 115 116 Sec.191. Amount of Levy on a Motor Vehicle Owned and Used Primarily by or for Someone at Least Sixty -Five 117 Years of Age or Anyone Found to be Permanently and Totally Disabled. 118 a. In accordance with Sections 58.1-3506.1 et seq. of the Code of Virginia, there shall be a reduced tax, levied and 119 collected for general purposes for calendar year 2012, at the rate of three dollars ($3.00) on each one hundred dollars 120 ($100.00) of assessed valuation, on one (1) automobile or pickup truck owned and used primarily by or for anyone at least 121 sixty-five years of age or anyone found to be permanently and totally disabled, as defined in Section 58.1-3506.3 of the 122 Code of Virginia, subject to the following conditions: 123 1. The total combined income received, excluding the first $7,500 of income, from all sources during 124 calendar year 2011 by the owner of the motor vehicle shall not exceed twenty-two thousand dollars ($22,000). 125 2. The owner's net financial worth, including the present value of all equitable interests, as of December 126 31 of calendar year 2011, excluding the value of the principal residence and the land, not exceeding one (1) acre, upon 127 which it is situated, shall not exceed seventy thousand dollars ($70,000). 128 3. All income and net worth limitations shall be computed by aggregating the income and assets, as the 129 case may be, of a husband and wife who reside in the same dwelling and shall be applied to any owner of the motor vehicle 130 who seeks the benefit of the preferential tax rate permitted under this ordinance, irrespective of how such motor vehicle 131 may be titled. 132 b. Any such motor vehicle owned by a husband and wife may qualify if either spouse is sixty-five or over or if 133 either spouse is permanently and totally disabled, and the conditions set forth in subsection (a) have been satisfied. 134 135 Sec. 1-12. Assessed Value Determination. 136 In accordance with Section 58.1-3103 of the Code of Virginia, personal property mentioned in the above sections 137 shall be assessed at actual fair market value, to be determined by the Commissioner of the Revenue for the City of Virginia 138 Beach. 139 140 Sec. 123. Severability. 141 If any portion of this ordinance is for any reason declared to be unconstitutional or invalid, such decision shall not 142 affect the validity of the remaining portions of this ordinance. 143 144 Sec. 134. Effective Date. 145 This ordinance shall be effective January 1, 2012. 146 147 Adopted by the Council of the City of Virginia Beach, Virginia, on this 10`h day of May, 2011. 148 149 Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: -N Management Services APPROVED AS TO LEGAL SUFFICIENCY: f i y Attor yl O ice 1 AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO SUBMIT AN 2 ANNUAL FUNDING PLAN TO THE U.S. DEPARTMENT OF HOUSING 3 AND URBAN DEVELOPMENT WHEREAS, the United States Congress has established legislation designated as the Housing and Community Development Act of 1974 that sets forth the development of viable urban communities as a national goal; WHEREAS, there is federal assistance available for the support of Community Development and Housing activities directed toward specific objectives, such as eliminating deteriorated conditions in low and moderate income neighborhoods that are detrimental to the public health, safety, and welfare, as well as improving the City's housing stock and community services, along with other related activities; and WHEREAS, as a prerequisite to receiving the above -referenced federal assistance, the City of Virginia Beach has developed an Annual Funding Plan for submission to the Department of Housing and Urban Development and has created the necessary mechanisms for its implementation in compliance with federal and local directives. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby authorized and directed, as the executive and administrative head of the City, to submit the City's FY 2011-12 Annual Funding Plan (the "Plan") and amendments thereto, along with understandings and assurances contained therein and such additional information as may be required, to the Department of Housing and Urban Development to permit the review, approval, and funding of the Plan. Adopted by the Council of the City of Virginia Beach, Virginia, on this 10`h day of May, 2011. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Management Services a 's Office 1 AN ORDINANCE TO DECLARE $8,000,000 OF FUNDING WITHIN THE 2 SANDBRIDGE TAX INCREMENT FINANCING DISTRICT AS SURPLUS 3 FUNDS IN THE FY 2010-11 OPERATING BUDGET 4 WHEREAS, the Sandbridge Tax Increment Financing District (Sandbridge TIF) and the Sandbridge Special Service 5 District (Sandbridge SSD), were established to provide a funding source for beach and shoreline restoration and 6 management at Sandbridge; 7 8 WHEREAS, an analysis of the Sandbridge TIF and the Sandbridge SSD occurs annually to ensure that funding is 9 adequate for long-term beach and shoreline restoration and management along Sandbridge; 10 11 WHEREAS, current projections indicate that the Sandbridge TIF and Sandbridge SSD have sufficient funding to 12 meet long-term obligations for beach and shoreline restoration and management; 13 14 WHEREAS, projections also indicate that the funding available exceeds the long-term obligations of the project; 15 and 16 17 WHEREAS, $ 8,000,000 is available as an unencumbered appropriation in the FY 2010-11 Sandbridge TIF Reserve 18 for Future Commitments. 19 20 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 21 22 (1) That $ 8,000,000 of funding within the Sandbridge TIF is hereby declared to be in excess of the long-term 23 obligations for beach and shoreline restoration and management and is hereby declared surplus. 24 25 (2) That $ 8,000,000 is hereby transferred within the FY 2010-11 Operating Budget from the Sandbridge TIF to 26 the General Fund — Unappropriated Real Estate Tax Revenues. 27 28 BE IT FURTHER ORDAINED: That this ordinance shall be effective on June 30, 2011. 29 30 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 10th day of May, 2011. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Management Services City A y's fice 1 AN ORDINANCE TO AMEND THE CITY CODE PERTAINING TO THE EQUIVALENT 2 RESIDENTIAL UNIT (ERU) FEE 3 SECTION AMENDED: § 32.5-2 4 WHEREAS, City Council held public hearings on the program to provide for public comment; 5 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 8 That section 32.5-2 of the Code of the City of Virginia Beach, Virginia is hereby amended and reordained to read 9 as follows: 10 11 Sec. 32.5-2. Definitions. 12 The following words and terms used in this section shall have the following meanings: 13 (a) Equivalent residential unit or ERU means the equivalent impervious area of a single-family residential 14 developed property per dwelling unit located within the city based on the statistical average horizontal 15 impervious area of a single-family residence in the city. An equivalent residential unit (ERU) equals two 16 thousand two hundred sixty-nine (2,269) square feet of impervious surface area. 17 (b) ERU rate means the utility fee charged on an equivalent residential unit, which shall be twenty and one 18 , 19 , 20 thirty-one and six -tenth cents ($0.316) per day, effective July 1, 2011; thirty-six and six -tenth cents 21 ($0.366) per day, effective July 1, 2012, and forty-one and six -tenth cents ($0.416) per day, effective July 22 1, 2013. 23 ... 24 25 BE IT FURTHER ORDAINED: That the effective date of this ordinance shall be July 1, 2011. 26 27 Adopted by the Council of the City of Virginia Beach, Virginia, on this 10`h day of May, 2011. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Management Services Cit ey' ffice 1 AN ORDINANCE ESTABLISHING THE TOURISM INVESTMENT 2 PROGRAM (TIP) FUND AND CONSOLIDATE THE MAJOR PROJECTS 3 AND TOURISM GROWTH AND INVESTMENT (TGIF) FUNDS INTO THE 4 TOURISM INVESTMENT PROGRAM FUND IN THE FY 2011-12 5 OPERATING BUDGET 6 WHEREAS, the Tourism Growth and Investment (TGIF) fund was established in FY 1993-94 to provide funding for 7 tourism related capital projects and initiatives with dedicated revenue streams of ten cents of the Amusement Tax, two 8 cents of the Hotel Room Tax and one-half cent of the Hotel Room Tax for Beach Events, as well as other miscellaneous 9 tourism related revenue; and 10 11 WHEREAS, the Major Projects fund was established in FY 2001-02 to provide funding for the rebuilding of the 12 Convention Center, the Sandler Center for the Performing Arts and the expansion of the Virginia Aquarium parking facilities 13 with dedicated revenue streams of 80% of the Amusement tax diverted from TGIF, 2.5 cents of the Hotel Room Tax, 0.56 14 cents of the Restaurant Meal Tax and 5 cents of the Cigarette Tax; and 15 16 WHEREAS, consolidation provides the necessary opportunities for future Strategic Growth Areas as well as 17 Economic Development projects while continuing to cover the debt obligations and operating programs previously 18 authorized by City Council. 19 20 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 21 22 (1) That the Tourism Investment Program (TIP) fund is hereby created to consolidate the Tourism Growth and 23 Investment (TGIF) and Major Projects funds; 24 25 (2) That the dedicated revenue streams of both the Tourism Growth and Investment (TGIF) fund and Major 26 Projects funds are hereby dedicated to the Tourism Investment Program (TIP) fund beginning in the FY 2011-12 Operating 27 Budget; 28 29 (3) That all programs and currently supported initiatives of both the Tourism Growth and Investment (TGIF) fund 30 and Major Projects fund are hereby supported by the Tourism Investment Program (TIP) fund beginning in the FY 2011-12 31 Operating Budget. 32 33 BE IT FURTHER ORDAINED: That this ordinance shall be effective on July 1, 2011. 34 35 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 10`h day of May, 2011. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Management Services r ffi 1 AN ORDINANCE TO AMEND SECTION 4-1.1 OF THE CITY CODE PERTAINING TO 2 PERMIT PROCESSING FEES 3 SECTION AMENDED: §4-1.1 4 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 5 6 That Section 4-1.1 of the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained to read as follows: 7 8 Sec. 4-1.1. Permit processing fee. 9 10 A nonrefundable processing fee, as shall be submitted with the completed application for a special event. 11 The fee shall be used to defray the administrative expenses associated with processing the permit. The amount of the 12 nonrefundable permit processing fee shall be established by the City Manager or his designee. 13 14 (a) Festival, ar c ohow or waccF cacnc held for two er mere een,eeut+ve-days... $lSA.OG 15 16 , 17 Centinaingsp asen perPAit) ... 19(.98 18 Ou`rdOOF MUSieal ecntertainmentTseasen�CFFf1F��-1�$8 19 20 (e) Water event,! day ... 7-5-00 21 Contest OF a)(hibitien en sand- aeadh ... 75-00 22sidewalk 23 residential stfeet ... 75.00 24 9atdeer(tent) c-iFGUS ... 75.99 25 Large carnival 6 er mere amuse t Firms ... 75.00 26 Meterized vehiele eentest OF exhibition -75 0 27 Gemmerelal metier PieWre OF television uctlen ... 75:00 28 Musical OF entertaimm.ent event on Public ffepeFtT1day .-75.00 29 30 (d)Small eaMiyal, bezaaF, blsek paFty... 50:98 31 ... 50.00 32 33 lam} No fee shall be required to process a permit for a scheduled public gathering not requiring street closure, held 34 for noncommercial purposes, in exercise of the right of expressive activity. 35 36 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 101h day of May, 2011. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Management Services City n s ice 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 AN ORDINANCE TO ESTABLISH THE SOLID WASTE MANAGEMENT FEE TO BE CHARGED BY THE CITY OF VIRGINIA BEACH FOR THE SERVICES OF SOLID WASTE COLLECTION, MANAGEMENT, RECYCLING, AND DISPOSAL OF SOLID WASTE, RECYCLABLE MATERIALS, AND OTHER REFUSE WHEREAS, under Virginia Code § 15.2-928, the City Council of the City of Virginia Beach, Virginia, is authorized to impose fees for providing the services to its residents of collection, management, recycling, and disposal of solid waste, recyclable materials, and other refuse; WHEREAS, the City held public hearings on this fee to provide public comment; and WHEREAS, the City Council of the City of Virginia Beach, Virginia, desires to impose a fee for providing solid waste collection, management, recycling, and disposal. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That rates to be charged for access to the service of solid waste collection, management, recycling, and disposal of solid waste, recyclable materials, and other refuse shall be as follows: 1. A waste collection fee of $10.00 per month shall be charged to each occupied dwelling unit eligible for, and each participating church receiving, City trash and recycling collection services in accordance with City Code Chapter 31. 2. The foregoing fee shall become effective on January 1, 2012. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 101h day of May, 2011. APPROVED AS TO CONTENT: ,Management Services APPROVED AS TO LEGAL SUFFICIENCY: 1 AN ORDINANCE TO ADOPT THE CITY COUNCIL POLICY FOR THE 2 NEIGHBORHOOD DREDGING PROGRAM 3 WHEREAS, The difficulty of removing sediment of the navigation channels within the City's various bays and river 4 basins has negatively impacted the waterfront owners' ability to optimize use of their properties; and 5 6 WHEREAS, the City would like to partner with waterfront property owners in order to dredge these channels for 7 the betterment of these property owners and the City as a whole. 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 10 11 That the City Council does hereby adopt the City Council Policy entitled "Neighborhood Dredging Program." 12 13 Adopted by the Council of the City of Virginia Beach, Virginia, on the 10`h day of May, 2011. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 0— - 4, �, -/- 7 ��, ,_ Management Services W City Council Policy Title: Neighborhood Dredging Program Index Number: Date of Adoption: 5/10/2011 Date of Revision: Page: 1 of 2 1.0 Purpose and Need For well over a decade, the difficulty in removing sediment of the navigation channels within the City's various bays and river basins has negatively impacted the waterfront homeowners' ability to optimize use of their properties. In addition, water quality and habitat have been severely impacted due to the siltation of the bottomland of those bays and rivers. The purpose of this policy is to establish a neighborhood dredging program that would be funded by a partnership between the City and neighborhood residents to ensure that the Lynnhaven River, Rudee Inlet, the Elizabeth River, Broad Bay, and Linkhorn Bay navigation channels are adequately dredged. 2.0 Policy It is the policy of the City Council that whenever practicable the navigation channels within the Lynnhaven River basin, the Rudee Inlet basin, the Elizabeth River basin, Broad Bay, and Linkhorn Bay will be maintained in navigable condition through a partnership between the City and homeowners whose properties are contingent to the waterways. 3.0 Procedure to Accomplish Policy 3.1 City Council will establish neighborhood dredging Special Service Districts (SSD) as they are requested by those neighborhoods adjoining the Lynnhaven River, Rudee Inlet, the Elizabeth River, Broad Bay, and Linkhorn Bay. The neighborhood participation percentage will be a minimum of 80% of properties adjacent to the waterways before establishing an SSD. 3.2 The total period for each SSD will be 16 years. Individual SSD tax rates will be computed based on the cost of dredging the neighborhood channels. 3.3 The City will be responsible for the main channels and spur channels off a main channel, the neighborhoods will be responsible for those channels that serve a collective neighborhood, and property owners will be responsible for private (individual) channels and dock basins that serve individual properties. 3.4 The City's portion of the cost of dredging the channels will be paid for through the General Fund. The neighborhood dredging project will require initial City funding, but over the 16 -year dredging period the SSD will pay for the entire cost of the neighborhood dredging except private channels and dock basins and will reimburse the City for any upfront costs. 4.0 Responsibility and Authority 4.1 For each neighborhood dredging project, the Department of Public Works is responsible for identifying those channels that are the City's responsibility, providing the Department of Management Services with the information needed to determine the City's cost of providing dredging service to those channels, and working with the respective neighborhoods to accomplish the necessary dredging. 4.2 The Department of Management Services will provide analysis to determine the cost to the City for each neighborhood dredging project and how that cost will be funded, prepare the necessary documents requesting City Council approval of the project and establishment of the associated SSD, and following City Council approval will ensure that the funds representing the City's portion of the cost of the project will be appropriated in a special reserve. 4.3 Any funding for this policy shall be subject to annual appropriation and/or Council authorized issuance of debt. 5.0 Definitions Main Channels: The primary channels connecting directly to the Lynnhaven River basin, the Rudee Inlet basin, the Elizabeth River basin, Broad Bay, and Linkhorn Bay. Navigation Channel: For purposes of this policy, a channel in the Lynnhaven River basin, the Rudee Inlet basin, the Elizabeth River basin, Broad Bay, and Linkhorn Bay that is deep enough to enable boats to pass through. Neighborhood Channel: A system of channels within an estuary to a main channel that serves as a collective access channel for one neighborhood. Private (Individual) Channel: An access channel leading from private property and improvements to a neighborhood channel. Special Service District: A defined geographical area of the City where special services are rendered and the costs of those special services are paid from revenues collected from service charges imposed within that area as authorized by §§15.2-2400, et seq. of the Code of Virginia. Spur Channel: That portion of a navigation channel leading from a main channel to a neighborhood channel system that is adopted as a designated City channel, which may serve more than one neighborhood. Approved as to Content: Director of Management Services Date Approved as to Legal Sufficiency: City Attorney Date Approved: Deputy City Manager Date Approved: City Manager Date Approved: Mayor Date 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 A RESOLUTION TO STUDY THE IMPLEMENTATION OF BUSINESS INCENTIVE PROGRAM WHEREAS, in the Council Legislative Action package, the City Council requested authority to establish a Business License Incentive Program to allow all new businesses in Virginia Beach to be exempted from the Business Professional Occupancy License Tax for two years; WHEREAS, the General Assembly passed House Bill 1587 authorizing the aforementioned program; WHERAS, the City Manager's proposed FY 2011-12 Operating Budget reflects a reduction in the Business Professional Occupancy License Tax; and WHEREAS, several issues regarding the administration of the program, including the crafting of an ordinance, need to be addressed prior to the program becoming effective. NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Council directs the City Manager to appoint a committee to guide the implementation of the Business License Incentive Program. BE IT FURTHER RESOLVED: That FY 2011-12 estimated revenue of the Business Professional Occupancy License Tax has been reduced by $500,000, as reflected in the Proposed FY 2011-12 Operating Budget. Adopted by the Council of the City of Virginia Beach, Virginia, on the 10`h day of May, 2011. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: t Management Services City A orne ' ffice 1 AN ORDINANCE TO ADD CITY CODE SECTION 2-208.1 TO ESTABLISH 2 REASONABLE CHARGES FOR THE REISSUANCE OF PAPERWORK AND 3 CHECKS 4 WHEREAS, the Finance Department currently processes checks, tax forms and vehicle titles to individuals and 5 businesses for the City of Virginia Beach; and 6 7 WHEREAS, a fee for reissuing lost checks and tax forms to individuals and businesses will improve efficiency within 8 the Finance Department; and 9 10 WHEREAS, a check pick up fee will reduce interruptions and deter traffic in and out of the office; 11 12 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 13 14 That section 2-208.1 is hereby added to the City Code of Virginia Beach, Virginia, to read as follows: 15 16 Section 2-208.1 Reasonable Charges for the Reissuance of Paperwork and Checks. 17 18 (a) The director of finance or designee shall impose the following fees for additional services to recover the 19 reasonable administrated costs associated with each activity: 20 21 (1.) Fifteen (15) dollars for the reissuance of a check that was lost and requires reissuance not due to the 22 fault of the City; 23 (2.) Fifteen (15) dollars for the holding of a check for pick-up in lieu of mailing; 24 (3.) Fifteen (15) dollars for the reissuance of an IRS Form 1099 that was lost and requires reissuance not 25 due to the fault of the City. 26 27 ll The charges provided in subsection (a) shall not apply to the reissuance or pick-up of checks issued as part of 28 the City's employee payroll activities. 29 30 BE IT FURTHER ORDAINED: That this ordinance shall be effective on July 1, 2011. 31 32 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 101h day of May, 2011. APPROVED AS TO CONTENT: Management Services APPROVED AS TO LEGAL SUFFICIENCY: 1 17:�� -�- -- Cit ' Office 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 AN ORDINANCE TO AMEND THE CITY CODE SECTION 2-214.1 TO ESTABLISH A CHARGE FOR THE REISSUANCE OF SURPLUS VEHICLE TITLE WHEREAS, the Finance Department currently processes checks, tax forms and vehicle titles to individuals and businesses for the City of Virginia Beach; and WHEREAS, a fee for reprocessing a vehicle title after buyer loss will improve efficiency; and WHEREAS, the cost to reissue a title for a surplused vehicle to the same owner after the owner purchase requires administrative support, record retrieval and review and processing time and effort NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That section 2-214.1 of the City Code of Virginia Beach, Virginia is hereby amended and reordained to read as follows: (a) The purchasing division of the department of finance shall be responsible for the purchase or lease of all goods, and the purchase of all services and construction, for all city departments and agencies exclusive of the city school system. In addition, the division shall be responsible for centralized control and disposal of excess, obsolete and salvageable materials and equipment. In the event that a surplus vehicle is sold and the original title transferred had been lost not due to the fault of the City, the director of finance or designee shall impose a fee for additional services to recover the administrative costs associated with the reissuance of the vehicle(s) title in the amount of fifty (50) dollars per reissued title. BE IT FURTHER ORDAINED: That this ordinance shall be effective on July 1, 2011. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 10`h day of May, 2011. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Management Services City A n 's Office 1 2 3 4 5 6 7 8 9 10 11 AN ORDINANCE TO ADOPT A POLICY FOR MANAGEMENT OF GENERAL OBLIGATION DEBT WHEREAS, to help manage long-term general obligations, it is desireable to have a policy with guidelines and restrictions that affect the amount and type of debt issued. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Council does hereby adopt guidelines and limits as noted in the attached "Policy for Management of General Obligation Debt." Adopted by the Council of the City of Virginia Beach, Virginia, on the 10`h day of May, 2011. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: �l Management Services City or s ice V''BFAc J�4 yL p4 �9 City Council Policy S �F OUR 0110 N Title: Policy for Management of General Obligation Debt Index Number: Date of Adoption: 5/10/2011 Date of Revision: Page: 1.0 Purpose Debt levels and their related annual costs are important long-term obligations that must be managed with available resources. To help manage debt, it is important to have a policy with guidelines and restrictions that affect the amount and type of debt issued. A debt management policy improves the quality of decisions, provides justification for the structure of debt issuance, identifies policy goals, and demonstrates a commitment to long-term financial planning, including a multi-year capital improvement plan. Adherence to a debt management policy signals to rating agencies and the capital markets that a municipality is well managed and should meet its obligations in a timely manner. Throughout its history, the City of Virginia Beach has issued debt judiciously through administrative debt policy guidelines, which has resulted in its current Triple -A bond rating. It is important to affirmatively adopt these administrative guidelines. While a good debt management policy includes many aspects, the financial condition of a local government can be evaluated by looking at the condition of four debt indicators. The purpose of this policy is to define the four major debt indicators and request City Council to approve an ordinance, which codifies the City's debt management policy 2.0 Definitions The four major debt indicators to be used to evaluate the City's financial condition are defined below. 2.1 Ratio of General Government Debt to General Government Budget — This indicator measures the percentage of the general operating revenues, which must be used for debt service (i.e., principal and interest payments on existing debt). Increasing debt service reduces expenditure flexibility by adding to the City's debt -related obligations. 2.2 General Government Net Debt Per Capita — This indicator measures the amount of general obligation debt attributable to each city resident. As the City's population increases, capital needs and long-term debt can logically be expected to increase as well. 2.3 Ratio of Per Capita Debt to Per Capita Income — This indicator measures the general obligation debt burden as a percentage of City per capita income. The lower the ratio, the lower the government burden on its residents. 2.4 Ratio of General Government Debt to Assessed Value of Real Property - This indicator measures the amount of general obligation debt as a percentage of the City's assessed valuation of real property. An increase in this indicator can mean that the City's ability to repay the debt is diminishing. Or, it could mean that the City has intentionally increased its debt burden. A diminished ability to repay debt may result in difficulty in obtaining additional capital funds, a higher interest rate when borrowing, or difficulty in repaying existing debt. A reasonable level of debt burden is expected in order to meet the needs of a growing city. (Note: The Virginia J State Constitution Art VII, § 10(A) and State Code § 15.2-2634 places a legal limit of 10% for this ratio. Historically Virginia Beach's ratio for this indicator is much lower with a projected ratio of approximately 2% as of June 30, 2011.) 1 3.0 Policy on Debt Indicators The target amount for debt indicators should be guided by the City's ability to pay, as well as a comparison with other cities of similar size and similar financial condition, such as those with similar bond ratings. Given those factors, the recommended guidelines and limits on debt indicators for the City of Virginia Beach are stated below. 3.1 The Ratio of General Government Debt to the General Government Budget may not exceed 10%. 3.2 The General Government Net Debt Per Capita may not exceed $2,800. At no point shall this indicator exceed the lesser of the mean or median for Standard and Poor's triple-A rated cities with a population between 250,000 and 500,000. 3.3 The Ratio of Per Capita Debt to Per Capita Income may not exceed 6.5%. 3.4 The Ratio of General Government Debt to Assessed Value of Real Property may not exceed 3.5% 3.5 The status of each indicator shall be reported in the Operating Budget each year and shall reflect the impact of the Capital Improvement Program. 4.0 Revision to Policy 4.1 This policy shall be reviewed, and revised as appropriate or necessary, but not less than once every three years. Approved as to Content: Director of Management Services Approved as to Legal Sufficiency: City Attorney Reviewed By: City Manager APPROVED BY CITY COUNCIL: Mayor Date Date Date Date 1 AN ORDINANCE TO ADOPTTHE FY 2012/FY 2017 CAPITAL IMPROVEMENT 2 PROGRAM AND TO APPROPRIATE $302,165,900 FORTHE FY 2012 CAPITAL 3 BUDGET SUBJECT TO FUNDS BEING PROVIDED FROM VARIOUS SOURCES 4 SET FORTH HEREIN WHEREAS, the City Manager, on March 29, 2011, presented to City Council the Capital Improvement Program for fiscal years 2012 through 2017; WHEREAS, City Council held public hearings on the program to provide for public comment; WHEREAS, based on public comment, City Council has determined the need for certain projects in the Capital Improvement Program; and WHEREAS, it is necessary to appropriate funds for both existing projects and projects beginning in the 2012 fiscal year, as set forth in said Capital Improvement Program. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Section 1. That the Capital Improvement Program, as modified, for the construction of, or addition to, capital facilities identified for fiscal years 2012 through 2017 is hereby adopted, and the projects listed therein are hereby approved as capital projects. Section 2. That the projects shall be financed from funds to be appropriated periodically by City Council, and until funds are so provided, the projects are for planning purposes only and may be deleted, altered, or rescheduled in any manner at any time by City Council. Section 3. That funds in the amounts aggregating $302,165,900 for capital projects in the Capital Budget for the 2012 fiscal year, as set forth in said Capital Improvement Program, are hereby appropriated, by project and subject to the conditions set forth herein. The amount of funding for individual projects is set forth in"Attachment A— Capital Budget Appropriations,"a copy of which is attached hereto. Section 4. That in accordance with Section 2-196 of the City Code, financing sources in support of the Capital Budget for the 2012 fiscal year as set forth in said Capital Improvement Program are attached to this ordinance as "Attachment B — Financing Sources." Section S. That capital project funds appropriated in prior fiscal years are to be adjusted in accordance with said Capital Improvement Program and reallocated as identified in "Attachment C — Transfers," a copy of which is attached hereto. Section 6. That reductions in financing sources in support of the Capital Budget for the 2012 fiscal year as set forth in said Capital Improvement Program are attached to this ordinance as "Attachment D — Changes in Financing Sources." Section 7. That additional appropriations, the addition of capital projects, and changes in project scope shall not be initiated except with the consent and approval of the City Council first being obtained; a+Kl-a An appropriation for a project in the Capital Improvement Program shall continue in force, and, to the extent required by law, re -appropriated for use in FY 2011- 12 until the purpose for which it was made has been accomplished or abandoned. Section 8. That all contracts awarded for approved and appropriated capital projects, exclusive of school projects, must be certified as to the availability of funds by the Director of Finance prior to the initiation of work on the contract. Section 9. That subject to any applicable restriction of law or of any bonds or bond issue, the City Manager or the Director of Management Services is authorized to approve transfers of appropriations in an amount up to $100,000 between capital projects as may best meet the needs of the City. The City Manager shall make a monthly report to the City Council of all transfers between $25,000 and $100,000. The City Manager or the Director of Management Services is hereby authorized to 53 establish and administer the budgeting of capital projects consistent with best management practices, reporting requirements 54 and the Capital Improvement Program adopted by the City Council. 55 56 Section 10. That to ensure timely completion of water and sewer projects, appropriations for water and sewer 57 companion projects may be transferred between these projects by the City Manager (or designee). "Companion projects" mean 58 water and sewer projects having the same name or project scope and description with the exception of "water" or "sewer" 59 being in the title and/or project scope and description. 60 61 Section 11. That the City Manager or the Director of Management Services is hereby authorized to change, subject to any 62 applicable restriction of law or of any bonds or bond issue, the financing sources for the various capital projects included in this 63 or previous ordinances to reflect effective utilization of the financing sources and actual collections and/or realized revenues. If 64 the financing sources in support of capital projects decline, the City Manager or the Director of Management Services is 65 authorized to reduce, subject to any applicable restriction of law or of any bonds or bond issue, those appropriations to equal 66 the changed financing source. The City Manager must give prior notice to the City Council of any reductions to total 67 appropriations exceeding $100,000. The notice to City Council shall identify the basis and amount of the appropriation 68 reduction and the capital projects affected. The accounting records of the City will be maintained in a manner where the total of 69 financing sources is equal to the total appropriations for each of the City's capital projects funds. 70 71 Section 12. That the funding sources for the following capital improvement projects should be amended. 72 (a) That the funding source for an appropriation of $328,057 to CIP #3-503, "Lighthouse Multi -Service Center," is hereby 73 changed from fund balance from the Information Technology Internal Service Fund to FY 2010-11 Charter Bonds. 74 75 (b) That the funding source for an appropriation of $500,000 to CIP #4-004, "Open Space Site Acquisition, " is herebv 76 changed from Federal revenue to Cash in Lieu of Proffers. 77 78 Section 42. 13. That the Capital Improvement Program debt management policies contained and included in the 79 Resource Management Plan document shall be the policy guidelines of the City, and the City Manager shall annually report on 80 the status of those guidelines and the projected impact of the proposed Capital Improvement Program on those guidelines, such 81 information to be included in the Resource Management Plan submittal. The City Manager may propose modifications to those 82 policies and guidelines through the Resource Management Plan. 83 84 Section 43, 14. That subject to the appropriation of sufficient funds within a capital project, the acquisition of real 85 property necessary for the project is authorized by means of voluntary negotiation with willing sellers. 86 87 Section 44.15. That violation of this ordinance shall result in the City Manager taking disciplinary action against the 88 person or persons responsible for the capital project in which the violation occurred. 89 90 Section 4.5.16. That if any portion of this ordinance is for any reason declared to be unconstitutional or invalid, such 91 decision shall not affect the validity of the remaining portions of this ordinance. 92 93 Section 46.17. That this ordinance shall be in effect from the date of its adoption; however, appropriations for the FY 94 2012 Capital Budget shall be effective on July 1, 2011. 95 96 Adopted by the City Council of the City of Virginia Beach, Virginia on this 10`h day of May, 2011. 97 98 Requires an affirmative vote of the majority of City Council. APPROVED AS TO CONTENT: r r Management Services APPROVED AS TO LEGAL SUFFICIENCY: C' ttorne ' O Project Number Projects City of Virginia Beach, Virginia Attachment A — Capital Budget Appropriations Buildings - CRO 3103000 Heritage Building - Maintenance Program 3146000 VA Aquarium Bldg Systems & Facility Infrastructure - Ph 1 3278000 Virginia Aquarium Renewal and Replacement - Phase II Total Buildings - CRO Projects Buildings - FYO 3510000 Intermediate Care Facilities Renewal/Replacement-Phase I Total Buildings - FYO Projects 3262000 3136000 3137000 3139000 3503000 3505000 3507000 3508000 3021000 3102000 3133000 3201000 3244000 3317000 3371000 3506000 Buildings - QELL TCC Expansion/Operation Smile Headquarters Buildings - QPE Appropriations FY 2011-12 75,000 2,544,961 300,000 2,919,961 270,593 270,593 6,550 Total Buildings - QELL Projects 6,550 Various Buildings HVAC Rehabilitation & Renewal -Phase III Various Buildings Rehabilitation and Renewal - Phase 111 Various Site Acquisitions - Phase II Lighthouse Multi -Service Center Building Modernization, Renewal & Replacement - Phase II Judicial Center Water Intrusion Abatement ARC Flash Mitigation Buildinas - SC Fire and Rescue Station - Town Center (Thalia) Alarm System Monitoring/MOSCAD Replacement Fire Training Center Improvements - Phase III Commonwealth's Attorney Build -Out of Judicial Center Fire and Rescue Station - Chesapeake Beach Police Special Ops/Forensics/Evidence Complex Fire Apparatus - Phase II Fire Facility Rehabilitation and Renewal - Phase III Total Buildings - QPE Projects 1,133,343 1,455,053 2,468,321 328,057 100,000 3,571,943 1,300,000 10,356,717 2,253,065 1,407,504 400,000 441,898 2,000,000 7,474,701 628,365 531,578 Total Buildings - SC Projects 15,137,111 Project Number 8002000 8004000 8007000 8014000 8023000 8282000 8830000 3097000 3631000 3622000 3068000 3119000 3340000 3618000 3623000 3095000 3142000 3607000 3619000 3620000 Projects City of Virginia Beach, Virginia Attachment A — Capital Budget Appropriations Coastal Beach Profile Monitoring Program Various Minor Dredging Projects Rudee Inlet Outer Channel Maintenance Dredging Lynnhaven Inlet Maintenance Dredging Sandbridge Beach Access Improvement & Sand Mgmt Sandbridge Beach Restoration Rudee Inlet Federal Dredging Appropriations 100,000 248,326 450,000 200,000 250,000 5,164, 361 r1rn nnn Total Coastal Projects 6,962,687 Communications and IT - CRO CIT - Aquarium Ticketing and Financial System Integration 195,000 Total Communications and IT - CRO Projects 195,000 Communications and IT - FYO CIT - Social Services Interface System Replacement 538,756 Total Communications and IT - FYO Projects 538,756 Communications and IT - QELL CIT - Library Automated Material Handling 1,835,708 Total Communications and IT - QELL Projects 1,835,708 Communications and IT - QO CIT - IT Network Infrastructure Replacement - Phase II 325,000 CIT - Cable Access Infrastructure Replacement Phase 1 333,331 CIT - Telecommunications Replacement 377,166 CIT - Disaster Recovery - Phase II 500,000 CIT - eGIS Master Address Repository 329,408 Total Communications and IT - QO Projects 1,864,905 Communications and IT - SC CIT - Police - Integrated Public Safety Record Management System 2,734,786 CIT - Communications Infrastructure Replacement - Phase II 2,149,376 CIT - Data Storage and Mgmt for Evidentiary Files 1,318,060 CIT - ALI Database Management & Selective Routing 362,700 CIT - VBAlert Replacement 435,859 Total Communications and IT - SC Projects 7,000,781 Project Number 9060000 9081000 9082000 9083000 9085000 9091000 9141000 9500000 4053000 4074000 4075000 4080000 4300000 4301000 4302000 4305000 4306000 4307000 4309000 4500000 4502000 4505000 4506000 4507000 City of Virginia Beach, Virginia Attachment A — Capital Budget Appropriations Parks and Recreation Field Hockey National Training Center Repairs & Renovations Appropriations Projects FY 2011-12 Economic and Tourism Dev - EV 50,000 Oceana & Interfacility Traffic Area Conformity & Acquisition 15,000,000 Strategic Growth Area Projects 3,500,000 Oceanfront Garages Capital Maintenance 1,081,671 Town Center Garage and Plaza Capital Maintenance 283,564 SGA - Burton Station Road Improvements - Phase II 650,000 SGA - Burton Station Road Improvements - Phase III 1,750,000 Economic Development Investment Program (On -Going) 2,355,754 Virginia Beach Amphitheater Capital Maintenance 150,000 Total Economic and Tourism Dev - EV Projects 24,770,989 Parks and Recreation Field Hockey National Training Center Repairs & Renovations 350,000 City Bikeways and Trails Plan Implementation - Phase 1 625,000 Pedestrian System Improvements - Phase 1 50,000 Sportsplex Field Hockey National Trng Ctr Rep/Reno Ph 1 413,331 Community Recreation Ctrs Repairs & Renovations - Ph III 647,466 Parks & Special Use Facilities Develop. & Reno. - Phase 111 1,191,631 Golf Courses Contractual Obligations for Maintenance 120,000 Tennis Court Renovations - Phase III 150,000 Open Space Park Development and Maintenance - Phase II 750,000 Athletic Fields Lighting & Renovations - Phase III 237,127 Mount Trashmore Signature Park Renovations - Phase II 250,000 Park Playground Renovations - Phase III 300,000 Lynnhaven Boat Ramp & Beach Facility Repairs/Renovations 55,999 Modernization of Bow Creek Recreation Center 5,774,127 Parks Infrastructure Renewal and Replacement 825,000 Parks Facilities Life Cycle Maintenance (Ongoing) 250,000 Total Parks and Recreation Projects 11,989,681 Project Number Projects City of Virginia Beach, Virginia Attachment A - Capital Budget Appropriations Roadways 2021000 Rural Road Improvements 2025000 Witchduck Road - Phase II (First Cities Project) 2031000 Street Reconstruction 2052000 Traffic Signal Rehabilitation 2121000 Nimmo Parkway -Phase V-A (VDOT) 2143000 Laskin Road Gateway - Phase I -A 2145000 Wesleyan Drive (First Cities Project) 2160000 City Wide Street Lighting Improvements - Phase II 2161000 Traffic Signal Retiming 2168000 Lesner Bridge Replacement (Partial) 2176000 Transportation Network Analysis 2190000 Congestion Relief/Safety Improvement Program Phase 1 2263000 Major Bridge Rehabilitation 2268000 Wetlands Mitigation Banking 2300000 Traffic Safety Improvements - Phase III 2401000 Greenwich Road/Cleveland Street Crossover 2409000 Centerville Turnpike Interim Improvements 2837000 Various Cost Participation Projects Schools 1001000 Renovations and Replacements - Energy Management 1026000 College Park Elementary School Replacement 1099000 Renovations and Replacements - Grounds - Phase II 1103000 Renovations and Replacements - HVAC Systems - Phase II 1104000 Renovations and Replacements - Reroofing - Phase II 1105000 Renovations and Replacements - Various - Phase II 1106000 Kellam High School Replacement 1109000 Energy Performance Contracts (Schools) 1232000 Tennis Court Renovations 1233000 Consolidated Old Donation Ctr/Kemps Landing Magnet Rep Total Roadways Projects Appropriations FY 2011-12 100,000 22,000,000 2,150, 000 100,000 14,537,731 5,727,993 2,300,000 60,000 600,000 40,000,000 100,000 5,319,151 660,000 100,000 1,250,000 2,125,000 10,900,000 100,000 108,129, 875 500,000 1,175,000 900,000 3,000,000 3,000,000 1,200,000 18,324,951 2,500,000 300,000 12,150,000 Total Schools Projects 43,049,951 City of Virginia Beach, Virginia Attachment A — Capital Budget Appropriations Project Appropriations Number Projects FY 2011-12 Sewer Utility 6019000 Resort Area Neighborhood Revitalization 750,000 6041000 Pump Station Modifications - Phase V 6,856,000 6061000 Utilities Emergency Response Program - Phase II 350,000 6070000 Infiltration, Inflow and Rehabilitation - Phase V 1,500,000 6085000 Sanitary Sewer Asset Management Program - Phase II 1,000,000 6089000 Comprehensive Sewer Master Planning - Phase IV 500,000 6106000 Various Roadway/Storm Water Coordination - Phase V 400,000 6151000 Landstown Yard Improvements - Phase IV 500,000 6404000 Computerized Mapping & Infrastructure Mgmt - Phase II 725,000 6501000 Auxiliary Power Program -Sewer Pump Stations -Phase III 600,000 6552000 Sanitary Sewer System Revitalization Program - Phase II 4,500,000 6566000 Nimmo Parkway Sanitary Sewer Extensions -Phase V (VDOT) 170,000 6567000 Sewer Pump Station Backflow Prevention Modifications 70,000 6601000 First Colonial Rd/Va. Beach Blvd Intersection Improvements 10,000 6602000 Princess Anne Rd/Kempsville Rd Intersection Improvements 150,000 6611000 Pump Station Wet Well Revitalization - Phase II 1,000,000 6802000 Utility Crossings Condition Assessment Program - Phase 1 250,000 6804000 Sanitary Sewer Regulatory Compliance Program - Phase 1 4,300,000 6951000 Sewer Tap Installation Program - Phase 1 250,000 6952000 Sewer Pump Station Flow Monitoring & Data Storage -Ph 1 5,200,000 6973000 Sanitary Sewer Capacity Program - Phase 1 500,000 Total Sewer Utility Projects 29,581,000 Project Number Projects City of Virginia Beach, Virginia Attachment A — Capital Budget Appropriations Storm Water 7004000 Storm Water Infrastructure Rehabilitation 7005000 North Lake Holly Watershed 7016000 South Lake Holly Watershed 7027000 SWM Master Planning, Analysis, and Inventory 7035000 Lawson Forest Drainage 7036000 Baker Road Culvert & Ditch Improvements 7038000 Thoroughgood Drainage - Interim 7063000 Neighborhood Storm Water Infrastructure Improvements 7067000 Primary System Infrastructure Improvements 7091000 Residential Drainage Cost Participation Program 7152000 Lake Management 7153000 Lynnhaven Watershed Restoration 7159000 Water Quality Participation Projects 7183000 Storm Water Quality Enhancements 7404000 Aragona Neighborhood Infrastructure Rehabilitation 7405000 Brigadoon Lakes Maintenance Dredging 7406000 Elizabeth River TMDL Implementation Plan 7409000 Shore Drive Drainage Preliminary Design 7410000 Southern River TMDL Implementation Plan 7411000 Oceanfront Storm Water Facilities Maintenance 7412000 Storm Water Pump Station Modifications Appropriations FY 2011-12 10,973,527 3,220,000 4,980,000 150,000 450,000 180,000 200,000 50,000 770,000 50,000 1,906,280 300,000 100,000 1,494,328 1,000,000 150,000 200,000 320,000 200,000 177,000 265,500 Total Storm Water Projects 27,136,635 Project Number Projects City of Virginia Beach, Virginia Attachment A — Capital Budget Appropriations Water Utility 5046000 Utilities Emergency Response Program - Phase II 5086000 Comprehensive Water Master Planning - Phase V 5089000 Various Roadway/Storm Water Coordination - Phase V 5151000 Landstown Yard Improvements - Phase IV 5250000 Potable Wells Evaluation Program - Phase III 5252000 Water Quality Program - Phase IV 5255000 Automated Mobile Water Meter Reading System - Phase II 5404000 Computerized Mapping & Infrastructure Mgmt - Phase II 5408000 Nimmo Parkway -Water Main Replacement -Phase V (VDOT) 5501000 Water Transmission System Upgrade Pgm-Phase 1 5602000 Princess Anne Rd/Kempsville Rd Intersection Improvements 5708000 Resort Area Neighborhood Revitalization 5802000 Utility Crossings Condition Assessment - Phase 1 5804000 Water Line Extension, Replacement & Rehab Pgm-Phase 1 5805000 Water Utility Asset Management Program - Phase 1 5806000 Backflow Prevention & Cross -Connection Control Pgm-Ph 11 5951000 Water Tap Installation Program - Phase 1 5952000 Water Pump Station Flow Monitoring and Data Storage 5967000 Water Resources Investigation & Planning - Phase I Appropriations FY 2011-12 350,000 200,000 200,000 982,000 275,000 100,000 300,000 378,000 250,000 3,301,000 500,000 100,000 250,000 100,000 2,000,000 500,000 150,000 183,000 300,000 Total Water Utility Projects 10,419,000 Total Capital Budget 302,165,900 City of Virginia Beach, Virginia Attachment B — Financing Sources Financing Sources Federal Contribution Franchise Fees Fund Balance - General Fund Fund Balance - Other General Appropriations General Obligation Bonds Interest Income Lease -Purchase Medicaid Cost Settlement Parking Enterprise Fund Private Contribution Public Facility Revenue Bonds Retained Earnings - Parking Enterprise Fund Retained Earnings - Telecommunications Retained Earnings - Water and Sewer Fund State Contribution Storm Water Utility Bonds Storm Water Utility Fund Water and Sewer Bonds Water and Sewer Fund Capital Budget FY 2011-12 5,919,151 333,331 23,863,756 2,317,684 21, 823, 344 65,639,477 4,500,000 461,584 270,593 300,000 6,550 36,916,629 500,000 377,166 5,000,000 71,800, 000 16,300,000 10,836,635 27,000,000 8,000,000 Total Capital Budget 302,165,900 Attachment C - Transfers Appropriations Prior to Project # FY 2011-12 uality Phvsical Environment Roadwav Proiects Transfer To: 2161000 Traffic Signal Retiming $ 676,000 2143000 Laskin Road Gateway- Phase I -A Total Transfer To: $ 3,250,984 2048000 Princess Anne Rd./Kempsville Rd. Intersection Improvement 4,359,029 5167000 Water Tank Upgrade Program- Phase III Total Transfer To: $ 8,286,013 Transfer From: Fire Hydrant Program- Phase III 2190000 Congestion Relief/Safety Improvement Program - Phase 1 $ 676,000 2071000 Baker Road Extended Comprehensive Sewer Evaluation/Rehabilitation Program 1,220,000 2074000 1-264 Great Neck Ramps Little Neck Point (Partial) 2,030,984 2305000 Princess Anne Road- Phase IV (VDOT) Infiltration, Inflow, and Rehab- Phase IV 4,359,029 43,201 6139000 Total Transfer From: $ 8,286,013 Coastal Transfer To: 800800 Beach Replenishment $ 1,000,000 800500 Western Branch Lynnhaven Rive Maintenance Dredging 508,713 Total Transfer To: 1,508,713 Transfer From: 811000 Eastern Branch Lynnhaven River Dredging $ 1,508,713 Total Transfer From: 1,508,713 Storm Water Transfer To: 7405000 Brigadoon Lakes Maintenance Dredging $ 300,000 7409000 Shore Drive Drainage Preliminary Design 108,152 7902000 North Beach Drainage 500,000 7010000 Elizabeth River Shores (Partial) 300,000 Total Transfer To: 1,208,152 Transfer From: 7145000 Artic Avenue- Baltic Avenue $ 908,152 7152000 Lake Management 300,000 Total Transfer From: 1,208,152 Water and Sewer Utilitv Projects Transfer To: 6041000 Pump Station Modifications- Phase V $ 1,604,708 Total Transfer To: $ 1,604,708 Transfer From: 5167000 Water Tank Upgrade Program- Phase III $ 9,758 5400000 Fire Hydrant Program- Phase III 123,000 5944000 Princess Anne Road- Phase IV 800,000 6018000 Comprehensive Sewer Evaluation/Rehabilitation Program 13,810 6030000 Little Neck Point (Partial) 55,157 6065000 Infiltration, Inflow, and Rehab- Phase IV 43,201 6139000 Bayway Road Sewer Improvement- 51% 59,782 6148000 System Expansion cost part agreement- Phase II 500,000 Total Transfer From: $ 1,604,708 Attachment C - Transfers Appropriations Prior to Project # FY 2011-12 Various Business Areas Transfer To: 3021000 Fire and Rescue Station -Thalia 1,681,936 3146000 VA Aquarium Bldg Systems & Facility Infrastructure- Phase 1 455,039 3507000 Judicial Center Water Intrusion Abatement 328,057 4301000 Parks & Special Use Facilities Development and Renovation Phase III 78,000 2143000 Laskin Road Gateway- Phase I -A 916,904 Total Transfer To: $ 3,459,936 Transfer From: Fixed Assets (Various Closed Out Projects) 1,759,936 3175000 Virginia Beach Lifelong Learning Center (Partial) 1,700,000 Total Transfer From: $ 3,459,936 Attachment D - Reductions in Non -City Funding Amount of Reduction in Appropriations Prior to Funding Project # FY 2011-12 Source Quality Physical Environment 2190000 Congestion Relief/Safety Improvement Program Phase 1 $ 600,000 Federal Contribution Total Reduction: $ 600,000 I AN ORDINANCE AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION 2 PUBLIC IMPROVEMENT BONDS OF THE CITY OF VIRGINIA BEACH, 3 VIRGINIA, IN THE MAXIMUM AMOUNT OF $65,500,000 FOR VARIOUS 4 PUBLIC FACILITIES AND GENERAL IMPROVEMENTS 5 WHEREAS, the City of Virginia Beach, Virginia (the "City'), desires to authorize the issuance of general obligation 6 public improvement bonds for various purposes in the maximum amount of $65,500,000, as permitted by the City Charter, without 7 submitting the question of their issuance to the qualified voters. 8 9 WHEREAS, City Council held public hearings on the program to provide for public comment; 10 11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 12 13 1. That it is hereby determined to be necessary and expedient for the City to construct and improve various 14 public facilities and make general improvements, all of which will promote the public welfare of the City and its inhabitants and 15 will facilitate the orderly growth, development, and general welfare of the City, and to finance the costs thereof through the 16 borrowing of up to $65,500,000 and issuing the City's general obligation bonds therefor. 17 18 2. That, pursuant to the City Charter and the Public Finance Act of 1991, there are hereby authorized to be 19 issued general obligation public improvement bonds of the City in the maximum amount of $65,500,000, to provide funds, 20 together with other funds that may be available, for various public improvement projects, including School, Roadway, Coastal, 21 Economic and Tourism, and Building projects, for project activities that include, but are not limited to, the following: preliminary 22 studies and surveys, permit compliance, environmental assessment, planning, design, engineering, site acquisition, relocation of 23 residents, utility relocation, construction, renovation, expansion, repair, demolition, site improvement, site work, legal services, 24 inspection and support services, furniture and equipment, and contingencies. 25 26 3. That the bonds may be issued as a separate issue at one time or in part from time to time or combined with 27 bonds authorized for other purposes and sold as part of one or more combined issues of public improvement bonds. 28 29 4. That the bonds shall bear such date or dates, mature at such time or times not exceeding 40 years from their 30 dates, bear interest, be in such denominations and form, be executed in such manner and be sold at such time or times and in such 31 manner as the Council may hereafter provide by appropriate resolution or resolutions. 32 33 5. That the bonds shall be general obligations of the City for the payment of the principal, premium, if any, and 34 interest on which its full faith and credit shall be irrevocably pledged. 35 36 6. All 9F any pertien tof the bends may be issued undeF any applieable taxable bend PF9gFarA autheFized by4he 37 AmeFiEan ReceyeFy and Reinyestment Act. The debt seFYwee on any sueh beRds will be budgeted and aeeeupted feF en a gFOSS 38 basis (befeFe the subsidy) with a r=GFFespending Fevenue line equal to the fedeFal Subsidy. 39 40 -7 6. That the City Clerk is directed to make a copy of this ordinance continuously available for inspection bythe 41 general public during normal business hours at the City Clerk's office from the date of adoption hereof through the date of the 42 issuance of the Bonds. 43 44 8 7. That the City Clerk, in collaboration with the City Attorney, is authorized and directed to immediately file a 45 certified copy of this ordinance with the Clerk of the Circuit Court of the City of Virginia Beach. 46 47 9 8. That this ordinance shall be in full force and effective from its passage. 48 49 Adopted by the Council of the City of Virginia Beach, Virginia on this 10`h day of May, 2011. 50 51 Adoption requires the affirmative vote of two-thirds of all members of the City Council. APPROVED AS TO CONTENT: r, Management Services APPROVED AS TO LEGAL SUFFICIENCY: l _ I y ttor s Office AN ORDINANCE AUTHORIZING THE ISSUANCE OF STORM WATER UTILITY SYSTEM REVENUE BONDS OF THE CITY OF VIRGINIA BEACH, VIRGINIA, IN THE MAXIMUM AMOUNT OF $16,300,000 4 WHEREAS, the City of Virginia Beach, Virginia (the "City"), desires to authorize the issuance of storm water utility 5 system revenue bonds in the maximum amount of $16,300,000 for financing improvements and expansions to the City's storm water 6 utility system (the "System"), as permitted by the City Charter without submitting the question of their issuanceto the qualified voters. 7 8 WHEREAS, City Council held public hearings on the program to provide for public comment; 9 10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 11 1. That it is hereby determined to be necessary and expedient for the City to continue its program of improving and 12 extending the System, which will promote the public welfare of the City and its inhabitants and will facilitate the orderly growth, 13 development, and general welfare of the City, and to finance the costs thereof through the borrowing of $16,300,000 and issuing the 14 City's revenue bonds therefore. 15 16 2. That, pursuant to the City Charter and the Public Finance Act of 1991, there are hereby authorized to be issued 17 storm water utility system revenue bonds of the City in the maximum amount of $16,300,000 to provide funds, together with other 18 available funds, for financing the costs of improvements and expansions to the System. 19 20 3. That the bonds shall bear such date or dates, mature at such time or times not exceeding 40 years from their 21 dates, bear interest, be in such denominations and form, be executed in such manner and be sold at such time or times and in such 22 manner as the Council may hereafter provide by appropriate resolution or resolutions. 23 24 4. That the System is an undertaking from which the City may derive a revenue. The bonds shall be limited 25 obligations of the City, payable as to principal, premium, if any, and interest solely from the revenues derived by the City from the 26 System, and shall not be included within the otherwise authorized indebtedness of the City. The bonds shall not be deemed to create 27 or constitute an indebtedness of, or a pledge of the faith and credit of, the Commonwealth of Virginia or of any county, city, town, or 28 other political subdivision of the Commonwealth, including the City. The issuance of the bonds and the undertaking of the covenants, 29 conditions, and agreements to be contained in resolutions to be adopted or agreements to be entered into hereafter shall not directly, 30 indirectly, or contingently obligate the Commonwealth, the City, or any other political subdivision of the Commonwealth to levy and 31 collect any taxes whatsoever or make any appropriation therefore except from the revenues pledged to the payment of the principal of 32 and premium, if any, and interest on the bonds. 33 34 5. That such resolutions to be adopted and agreements to be entered into hereafter authorizing the issuance of the 35 bonds and providing the details thereof shall contain appropriate covenants requiring the City to fix, charge, and collect such rates, 36 fees, and other charges for the use of and the services furnished by the System and to revise the same from time to time and as often 37 as shall be necessary so as to produce sufficient net revenues to pay principal of and premium, if any, and interest on the bonds as the 38 same become due and to provide a margin of safety therefor. Such resolutions and agreements shall also include such additional 39 covenants, agreements, and other terms as are customary for the protection of the holders of storm water revenue obligations. 40 41 6. That the City Clerk is directed to make a copy of this ordinance continuously available for inspection by the 42 general public during normal business hours at the City Clerk's office from the date of adoption hereof through the date of the issuance 43 of the bonds. 44 45 7. That the City Clerk, in collaboration with the City Attorney, is authorized and directed to immediately file a 46 certified copy of this ordinance with the Clerk of the Circuit Court of the City of Virginia Beach. 47 48 8. That this ordinance shall be in full force and effect from its passage. 49 50 Adopted by the Council of the City of Virginia Beach, Virginia on this 10`h day of May, 2011. 51 Adoption requires the affirmative vote of a majority of all members of the City Council. APPROVED AS TO CONTENT: Management Services APPROVED AS TO LEGAL SUFFICIENCY: l ' ffice 1 AN ORDINANCE AUTHORIZING THE ISSUANCE OF WATER AND SEWER SYSTEM 2 REVENUE BONDS OF THE CITY OF VIRGINIA BEACH, VIRGINIA, IN THE MAXIMUM 3 AMOUNT OF $27,000,000 4 WHEREAS, the City of Virginia Beach, Virginia (the "City"), desires to authorize the issuance of water and sewer system 5 revenue bonds in the maximum amount of $27,000,000 for financing improvements and expansions to the City's water and sewer 6 system (the "System"), as permitted by the City Charter without submitting the question of their issuance to the qualified voters. 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 48 49 50 51 52 WHEREAS, City Council held public hearings on the program to provide for public comment; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That it is hereby determined to be necessary and expedient for the City to continue its program of improving and extending the System, which will promote the public welfare of the City and its inhabitants and will facilitate the orderly growth, development, and general welfare of the City, and to finance the costs thereof through the borrowing of $27,000,000 and issuing the City's revenue bonds therefore. 2. That pursuant to the City Charter and the Public Finance Act of 1991, there are hereby authorized to be issued water and sewer system revenue bonds of the City in the maximum amount of $27,000,OOOto provide funds, together with other available funds, for financing the costs of improvements and expansions to the System. 3. That the bonds shall bear such date or dates, mature at such time or times not exceeding 40 years from their dates, bear interest, be in such denominations and form, be executed in such manner and be sold at such time or times and in such manner as the Council may hereafter provide by appropriate resolution or resolutions. 4. That the System is an undertaking from which the City may derive a revenue. The bonds shall be limited obligations of the City, payable as to principal, premium, if any, and interest solely from the revenues derived by the City from the System, and shall not be included within the otherwise authorized indebtedness of the City. The bonds shall not be deemed to create or constitute an indebtedness of, or a pledge of the faith and credit of, the Commonwealth of Virginia or of any country, city, town, or other political subdivision of the Commonwealth, including the City. The issuance of the bonds and the undertaking of the covenants, conditions, and agreements to be contained in resolutions to be adopted or agreements to be entered into hereafter shall not directly, indirectly, or contingently obligate the Commonwealth, the City, or any other political subdivision of the Commonwealth to levy and collect any taxes whatsoever or make any appropriation therefore, except from the revenues pledged to the payment of the principal of and premium, if any, and interest on the bonds. 5. That such resolutions to be adopted and agreements to be entered into hereafter authorizing the issuance of the bonds and providing the details thereof shall contain appropriate covenants requiring the City to fix, charge, and collect such rates, fees, and other charges for the use of and the services furnished by the System and to revise the same from time to time and as often as shall be necessary so as to produce sufficient net revenues to pay principal of and premium, if any, and interest on the bonds as the same become due and to provide a margin of safety therefor. Such resolutions and agreements shall also include such additional covenants, agreements, and other terms as are customary for the protection of the holders of water and sewer revenue obligations. 6. That the City Clerk is directed to make a copy of this ordinance continuously available for inspection by the general public during normal business hours at the City Clerk's office from the date of adoption hereof through the date of the issuance of the bonds. 7. That the City Clerk, in collaboration with the City Attorney, is authorized and directed to immediately file a certified copy of this ordinance with the Circuit Court of the City of Virginia Beach. 8. That this ordinance shall be in full force and effect from its passage. Adopted by the Council of the City of Virginia Beach, Virginia on this 10`h day of May, 2011. Adoption requires the affirmative vote of a majority of all members of the City Council. APPROVED AS TO CONTENT: Management Services APPROVED AS TO LEGAL SUFFICIENCY: -�^------------ torn -- _torn ffice CITY OF VIRGINIA BEACH AGENDA ITEM , ITEM: An Ordinance to Amend Section 16-43 of the City Code Pertaining to the Comprehensive Plan MEETING DATE: May 10, 2011 ■ Background: On December 8, 2009, the City Council adopted a new Comprehensive Plan. There is a reference to the Comprehensive Plan in Section 16-43 that is no longer accurate. This amendment will make that reference accurate in accordance with the Comprehensive Plan. ■ Considerations: This housekeeping measure will bring consistency between the Comprehensive Plan and the City Code. ■ Public Information: Public information will be provided through the normal Council agenda process. ■ Recommendations: Approve the Ordinance. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: H � nd Neighborhood Preservation City Manager: k , WL 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 AN ORDINANCE TO AMEND SECTION 16-43 OF THE CITY CODE PERTAINING TO THE COMPREHENSIVE PLAN Section Amended: § 16-43 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 16-43 of the City Code is hereby amended and reordained to read as follows: CHAPTER 16 HOUSING AND BUILDING MAINTENANCE CODE ARTICLE VIII. WORKFORCE HOUSING DIVISION 1. GENERAL PROVISIONS Sec. 16-43. Purpose and intent. (a) The purpose of this article is to provide eligibility requirements, pricing standards and program procedures concerning initial sales, subsequent transfers and rentals of workforce housing units developed pursuant to the provisions of article 21 of the city zoning ordinance as part of the city's workforce housing program. It is the intention of the city council to establish such standards and procedures as a means of achieving the city's vision for housing and neighborhoods, as stated in the "heusing and neighborhoods" seGtiGn of the iaoMpreh e plan. Chapter 8 of the Comprehensive Plan — "Housing and Neighborhood Plan." COMMENT This amendment is a housekeeping measure that updates the reference to the Comprehensive Plan. Adopted by the City Council of the City of Virginia Beach on the day of , 2011. Approved as to content: Approved as to legal sufficiency: /ka4l j -10d Depa ent` 'f Housing and City Attorney's Office Neighborhood Preservation CA11803/R-3/March 8, 2011 1A Bpi hz CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Add Section 16-41.1 and 16-41.2 to Chapter 16, Housing and Building Maintenance Code, of the City Code Pertaining to Commercial Vehicles and Recreational Vehicles MEETING DATE: May 10, 2011 ■ Background: This amendment was a recommendation of the February 2011 Policy Report, "Evaluation of City Inspection Programs Provided by the Departments of Housing, Planning and Fire." It recommended that the enforcement of commercial and recreational vehicle parking be done by the Department of Housing and Neighborhood Preservation, rather than the Planning Department where it is currently. ■ Considerations: Another ordinance on City Council's agenda removes the enforcement of commercial and recreational vehicle parking from the City Zoning Ordinance. This amendment adds it to Chapter 16, Housing and Building Maintenance Code, for enforcement by the Department of Housing and Neighborhood Preservation. ■ Public Information: Public information will be provided through the normal Council agenda process. ■ Alternatives: Approve the Ordinance. Disapprove the Ordinance and leave enforcement with the Planning Department. ■ Recommendations: Approve the Ordinance. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Hous' j ��Aiighborhood Preservation 1 - City Manager: I/ 1 AN ORDINANCE TO ADD SECTION 16-41.1 2 AND 16-41.2 TO CHAPTER 16, HOUSING 3 AND BUILDING MAINTENANCE CODE, OF 4 THE CITY CODE PERTAINING TO 5 COMMERCIAL VEHICLES AND 6 RECREATIONAL VEHICLES 7 8 Sections Added: §§ 16-41.1 and 16-41.2 9 10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 11 BEACH, VIRGINIA: 12 13 That Sections 16-41.1 and 16-41.2 of the City Code are hereby added and 14 ordained to read as follows: 15 16 Sec. 16.41.1. Parking of commercial vehicles 17 18 (a) "Commercial vehicle" is defined as a loaded or empty motor vehicle, 19 trailer, or semitrailer designed or regularly used for carrying freight, 20 merchandise, or more than ten passengers, including buses, but not 21 school buses. 22 23 Parking of a commercial vehicle in residential or apartment zoning districts 24 shall be prohibited, except that: 25 26 1) One commercial vehicle of one ton or less in carrying capacity and 27 which does not exceed seven (7) feet in height or twenty (20) feet 28 in length may be parked on any lot where there is located a main 29 building owned or occupied by a resident of the premises: 30 31 2) Commercial vehicles during the normal conduct of business or in 32 the delivery or provision of service to a residential area are allowed: 33 34 3) The parking of semitrailers for commercial or industrial storage is 35 permitted on bona fide construction sites. 36 37 (c) Violations of this section shall constitute a Class 3 misdemeanor. In 38 addition to any penalties imposed hereunder, the code enforcement 39 administrator or his designee may institute legal action to enioin the 40 continuing violation. 41 42 Sec. 16.41.2. Parking and storage of recreational equipment. 43 44 (a) "Recreational equipment" is defined as any equipment, used for 45 transporting people or property in connection with recreation and designed 46 for temporary occupancy, including ,but not limited to jet skis, boats and 47 similar recreational equipment, trailers, campers, motor homes or similar 48 vehicles or racing vehicles, off road vehicles or the trailer or other device 49 used to haul or move such equipment. 50 51 (b) In AG-2 zoning districts, no such equipment shall be parked or stored in 52 any required yard adjacent to a street nor closer than three (3) feet to any 53 lot line. 54 55 (c) Where the principal use of a building is residential, recreational equipment 56 shall be stored only as a use accessory to a permitted principal use, and 57 subject to the following limitations: 58 59 (1) Such equipment shall be parked or stored on any lot only within a 60 building or behind every plane of a structure that is substantially 61 parallel to and facing the public right-of-way. 62 63 (2) On through lots, such equipment may also be parked or stored on 64 the portion of the lot that is clearly and physically the rear of the lot 65 provided that it is substantially screened from the public right-of- 66 way with a six-foot solid fence or equivalent vegetation or 67 landscaping_ 68 69 (3) On corner lots, such equipment may also be parked or stored on 70 the portion of the lot that is clearly and physically the rear of the lot 71 and behind the plane of the house parallel and closest to the public 72 right-of-way. 73 74 (d) Where_ the principal use of a building is commercial, business, or 75 industrial, recreational equipment may be parked or stored as an 76 accessory use, provided the limitations and requirements of the zoning 77 district are met. 78 79 (e) Such equipment may be parked entirely within a driveway for a period not 80 to exceed twenty-four (24) hours during loading or unloading. For 81 purposes of this section, the term "driveway" shall include any portion of a 82 lot, surfaced or otherwise, that constitutes an approved parking area or 83 provides access to an approved parking area. 84 85 (f) No recreational equipment shall be parked in any public street or public 86 right-of-way for more than three (3) hours. 87 88 Lqj No such equipment shall be used for living, sleeping or housekeeping 89 purposes except in locations lawfully established for such use. 90 91 (h) Violations of this section shall constitute a Class 3 misdemeanor. In 92 addition to any penalties imposed hereunder, the code enforcement I administrator or his designee may institute legal action to enjoin the continuing violation. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 2011. This ordinance shall take effect on July 1, 2011. APPROVED AS TO CONTENT Depart a of Housing and Neighborh6od Development CA11825 R-2 April 27, 2011 APPROVED AS TO LEGAL SUFFICIENCY: n Ci y At orney's Office CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Resolution of the City Council Approving the Issuance of the City of Virginia Beach Development Authority $6,500,000 Multifamily Housing Revenue Bonds (New Sands Apartments Project), Series 2011 MEETING DATE: May 10, 2011 ' Background: The City of Virginia Beach Development Authority (the "Authority") has considered the application of New Sands Apartments Limited Partnership (the "Company"), requesting the issuance by the Authority of its multifamily housing revenue bonds in an amount not to exceed $6,500,000 (the "Bonds"), to assist the Company in the acquisition, rehabilitation and equipping of a 120 -unit senior, Section 8, apartment project located at 6405 Auburn Drive, Virginia Beach, Virginia (the "Project"). ' Considerations: The matter comes before Council for its approval pursuant to §15.2-4906 of the Code of Virginia, which requires the municipality on whose behalf the bonds of an authority are issued to either approve or disapprove any financing recommended by a development authority within sixty (60) days of the date of the authority's public hearing. The Authority's public hearing was held on April 19, 2011. Upon completion, the Project will provide housing for senior citizens within the City of Virginia Beach and at least forty percent (40%) of that housing will be for seniors of low or moderate income. ' Public Information: The request was duly advertised for a public hearing before the Authority in accordance with the requirements of §15.2-4906 of the Virginia Code. ' Recommendation: Approval ' Attachments: Resolution of City of Virginia Beach City Council Location Map VBDA Submission to Council Affidavit of Publication & Notice Notice of Public Hearing Record of Public Hearing Development Authority's Resolution Disclosure Statement Authority's Statement Fiscal Impact Statement Summary Sheet Letter from Department of Economic Development Recommended Action: Approval Submitting Department/ Agency: Economic Development City Manager: \\vbgov.com\DFS IWpplications\CityL Prod\cy om32\Wpdocs\DO18\P009\00080542.DOC 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 RESOLUTION OF THE CITY COUNCIL APPROVING THE ISSUANCE OF CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY $6,500,000 MULTIFAMILY HOUSING REVENUE BONDS (NEW SANDS APARTMENTS PROJECT), SERIES 2011 WHEREAS, the City of Virginia Beach Development Authority (the "Authority"), has considered the application of New Sands Apartments Limited Partnership, a Virginia limited partnership (the "Company") for the issuance of the Authority's Multifamily Housing Revenue Bonds (New Sands Apartments Project), Series 2011 (the "Bonds") to assist the Company in the acquisition, rehabilitation and equipping of a 120 - unit senior, Section 8, apartment project located at 6405 Auburn Drive, Virginia Beach, Virginia 23464 (the "Project"); and WHEREAS, pursuant to Chapter 49, Title 15.2 of the Code of Virginia of 1950, as amended (the "Act"), a copy of the Authority's Resolution approving the issuance of the Bonds, subject to terms to be agreed upon, and a reasonably detailed summary of the comments expressed at the public hearing, if any, have been filed with the City Council of the City of Virginia Beach, Virginia. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Virginia Beach, Virginia: 1. The City Council of the City of Virginia Beach approves the issuance of the Bonds by the City of Virginia Beach Development Authority, in a principal amount not to exceed $6,500,000 to carry out the Project. 2. The approval of the issuance of the Bonds, as required by Section 147(f) of the Internal Revenue Code of 1986, as amended, does not constitute an endorsement of the Bonds or the creditworthiness of the Company; but, pursuant to the Act, the Bonds shall provide that neither the City nor the Authority shall be obligated to pay the bonds or the interest thereon or other costs incident thereto except from the revenues and moneys pledged therefor, and neither the faith or credit nor the taxing power of the Commonwealth, the City or the Authority shall be pledged thereto. 3. In approving the resolution, the City Council of the City of Virginia Beach, Virginia including its elected representatives, officers, employees and agents, shall not be liable and hereby disclaims all liability for any damages to any person, direct or consequential, resulting from the Authority's failure to issue Bonds for the Project for any reason. 4. This resolution shall take effect immediately upon its adoption. Adopted by the City Council of the City of Virginia Beach, Virginia, this 10th day of May, 2011. APPROVED AS TO CONTENT: Economic Development CA11712 \\vbgov.com\DFS1 \Applications\CityLawProd\cycom32\W pdocs\D028\P011\0001 7093. DOC R-1 April 29, 2011 APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office LU 0 LU 0 LU z w M co D Ln I lw l7 " VIRGINIA BEACH I` April 29, 2011 The Honorable William D. Sessoms, Jr., Mayor Members of City Council Municipal Center Virginia Beach, Virginia 23456 Subject: New Sands Apartments Multifamily Housing Revenue Bonds Dear Mayor Sessoms and Members of Council: We submit the following in connection with the request of New Sands Apartments Limited Partnership's application for the issuance of multifamily housing revenue bonds in the amount of $6,500,000 for the project located at 6405 Auburn Drive, Virginia Beach, Virginia. 1. Evidence of publication of notice of hearing is attached as Exhibit A, and a summary of the statements made at the public hearing is attached as Exhibit B. The City of Virginia Beach Development Authority's (the "Authority's") resolution recommending Council's approval is attached as Exhibit C. 2. The Disclosure Statement is attached as Exhibit D. 3. The statement of the Authority's reasons for its approval of the issuance of the bonds as a benefit for the City of Virginia Beach and its recommendation that the City Council approve the bonds described above is attached as Exhibit E. 4. The Fiscal Impact Statement is attached as Exhibit F. 5. A summary sheet setting forth the type of issue, and identifying the project and the principals of the applicant is attached as Exhibit G. 6. A letter from the Department of Economic Development commenting on the project isattached as Exhibit H. Very gan JohnC JWR/AWS Enclosures 222 Central Park Ave, Suite 1000 • Virginia Beach, Virginia 23462 • ph 75Z 385.6464 or 800.989.4567 • fox 757.499.9894 E+ u I OFC O I H a C4 I I U W I I 9 t.05 Egg Wd¢�w. oorE'm Iy fl(94 mT",4:a .c�"o €m .ice`, I. W0, Ni�d 4�v ��2 flfl yp K' vOCNhh4--acm�.;9:'wa. tM ro .�>amma HNfA Q Exhibit A am�a'n'o gig °u lu sero�D�O oA N m!�m�N a~dmn�m�m�m ui ��4� s v[n ci��yp mase � 1t mo- 1-rw h•CQ Nd�l(I .-. Q O(D w -.Q. ei 1] SSM ctm bo CL(A+•i.S E j Ln d4 M .-I u O a C N 0 c N 4-I Ul Hi zs v o rd ? •-I N ul S1 m O ro I N O ER- O N A', 4J � ro rd� mR�N.�-IOS�E N z ro v ro �, v .K4 � H o m a m q ro r q ro -�1 •�, a v o ,qO Ul - OO N R - U u ,Ol 1, fA N >1 �j Ul O O N (D f, O U i -I 3 . ch ✓ L4u) Y F., o N i~ v I -moi Q, O UI N 0 N C. .0 U R v N f-4 IJ (1) U a, kC r+ .>~ N Id O td to fn •.-I C q.104•H 'I fd �> Ho7 wv ro r --,um gg v a -I a a U m m -.a .-1 ro - H a � Gx v ,O ',r4CJ'1, a W(FQC c� ou1 'd " > m N i), Q 1 'Cj CO l rl 0 O r M N `I 44 ?i ) �t-i ri rTj ,SOU -'7l, 1.1 UW 4 2 r H 5 O HwUH U W �'•. U Ri O aH 7 Ow ro ro X�ro7 -1 H N- % !+] O 0r•� 'L3 N O F, N r Q,'O H D N H a. Q H -H El -Z i r1 O ••-I E 41 y Ul N .� G1 Ll Ul O N i4 i4 1 44 b4 C'i J-1 0 G., N .0 -tI 44 2j N Si 4J Ha ^ N fd w u •rI 14-I s; v ro •.� •r, •ri a •.1 v ,� 04 u)U El f >> USA>NR fn am�a'n'o gig °u lu sero�D�O oA N m!�m�N a~dmn�m�m�m ui ��4� s v[n ci��yp mase � 1t mo- 1-rw h•CQ Nd�l(I .-. Q O(D w -.Q. ei 1] SSM ctm bo CL(A+•i.S E j Ln d4 M .-I u O a C N 0 c N 4-I Ul Hi zs v o rd ? •-I N ul S1 m O Exhibit B CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY $6,500,000 MULTIFAMILY HOUSING REVENUE BONDS (New Sands Apartments Project) Series 2011 The Chairman of the City of Virginia Beach Development Authority (the "Authority") announced the commencement of a public hearing at 8:30 a.m. on April 19, 2011 at the offices of the Authority on the request of New Sands Apartments Limited Partnership, a Virginia limited partnership (the "Company"), and that a notice of the hearing was published once a week for two consecutive weeks in a newspaper having general circulation in Virginia Beach, Virginia, the first publication being not less than fourteen (14) days prior to the hearing and the second publication being not less than six (6) days and not more than twenty-one (2 1) days prior to the hearing. The Chairman indicated that a copy of the notice and a certificate of publication of such notice have been filed with the records of the Authority. The following individual(s) appeared before the Authority: Brian Poulin of New Sands Apartments Limited Partnership William W. Harrison, Jr. of the law firm of Williams Mullen, Bond Counsel Mr. Harrison gave a brief description of the Project (below defined). He described the application and plan of financing of the Company, whose principal place of business is located at 707 Sable Oaks Drive, South Portland, Maine 04106, for the issuance of the Authority's Multifamily Housing Revenue Bonds (New Sands Apartments Project), Series 2011 (the "Bonds") pursuant to Chapter 643 of the Acts of Assembly of 1964, as amended and supplemented by the Industrial Development and Revenue Bond Act, Title 15.2, Chapter 49 of the Code of Virginia of 1950, as amended (the "Act"), in an amount not to exceed $6,500,000 to assist the Company in the acquisition, rehabilitation and equipping of a 120 -unit senior, Section 8, apartment project located at 6405 Auburn Drive, Virginia Beach, Virginia 23464 (the "Project"). Mr. Harrison and Mr. Poulin answered various questions of the members of the Authority. No other persons appeared to address the Authority, and the Chairman closed the public hearing. The Authority hereby recommends that the City of Virginia Beach City Council (the "Council") approve the issuance of the Authority's Bonds in an amount not to exceed $6,500,000 and hereby transmits the Fiscal Impact Statement to the Council, and asks that this recommendation be received at its next regular or special meeting at which this matter can be properly placed on the Council's agenda for hearing. 14910329_1.DOC Exhibit C RESOLUTION OF THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY AUTHORIZING THE ISSUANCE OF MULTIFAMILY HOUSING REVENUE BONDS (NEW SANDS APARTMENTS PROJECT) SERIES 2411 WHEREAS, the City of Virginia Beach Development Authority (the "Authority") is a political subdivision of the Commonwealth of Virginia (the "Commonwealth"), duly created pursuant to Chapter 643 of the Virginia Acts of Assembly of 1964, as amended and supplemented by the Industrial Development and Revenue Bond Act, Title 15.2, Chapter 49 of the Code of Virginia of 1950, as amended (the "Act'); and WHEREAS, pursuant to the Act, New Sands Apartments Limited Partnership, a Virginia limited partnership (the `Borrower"), has requested that the Authority issue its tax-exempt Multifamily Housing Revenue Bonds (New Sands Apartments Project) Series 2011 (the "Bonds") to finance, in part, the acquisition, rehabilitation and equipping of a 120 -unit senior, Section 8, apartment project (the "Project") located at 6405 Auburn Drive, Virginia Beach, Virginia and occupied in part (at least 40%) by persons of low or moderate income in order for the Project to qualify as a "qualified residential rental project" within the meaning of Section 142(d) of the Code (hereinafter defined); and, the Borrower has requested that the Authority issue the Bonds and make a loan of the proceeds thereof to the Borrower for the purpose of making funds available to acquire, rehabilitate and equip the Project; and WHEREAS, the Authority has found and determined that (a) there is a significant shortage of affordable, sanitary and safe residential rental property in the City of Virginia Beach, Virginia (the "City") for individuals and families of low and moderate income and (b) the issuance of the Bonds, the financing of the Project and the acquisition, rehabilitation and equipping of the Project by the Borrower will benefit the inhabitants of the City through the promotion of their safety, health, welfare, convenience or prosperity, and will be consistent with the general purposes of the Authority and the Act; and WHEREAS, the City has not activated a housing authority pursuant to §§ 36-4 and 36- 4.1 of the Code of Virginia of 1950, as amended; and WHEREAS, with respect to such proposed plan of financing, the Authority has caused a notice of public hearing to be published in the Virginian -Pilot, a newspaper of general circulation in the City of Virginia Beach. Virginia, and has this date held a public hearing, all in accordance with the provisions of § 147(f)(2) of the Internal Revenue Code of 1986, as amended, and the regulations, rulings and proclamations promulgated or proposed thereunder (collectively, the "Code"), and § 15.2-4906, Code of Virginia, 1950, as amended, and other applicable laws of the Commonwealth. NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY: 1. The Authority hereby agrees to assist the Borrower in financing the acquisition. rehabilitation and equipping of the Project and, in particular, to undertake the issuance of the Bonds in an amount not to exceed $6,500,000 upon the terms and conditions to be mutually agreed upon between the Authority and the Borrower, and to loan the proceeds of such Bonds (the "Loan") to the Borrower for the purpose of financing the Project. The Loan will be made to the Borrower pursuant to a loan agreement or a financing agreement. The Bonds will be issued and secured pursuant to an indenture of trust or similar document which will provide for the precise principal amount of the Bonds, the maturity schedule therefor, the interest rate or rates the Bonds will bear and the denomination, form and other terms of the Bonds, and will secure the Bonds by an assignment of all the Authority's rights to the Loan, together with the proceeds thereof, and the security therefor. The Bonds will be limited obligations of the Authority payable solely from the revenues pledged thereto pursuant to the indenture of trust or similar document. 2. It having been represented to the Authority by the Borrower that it is necessary to proceed immediately with the financing of the Project, the Authority hereby agrees that the Borrower may proceed with plans for such financing, enter into contracts for such financing of the Project and take such other steps as it deems appropriate in connection therewith, provided that nothing herein shall be deemed to authorize the Borrower to obligate the Authority in any manner whatsoever, including the payment of money or the performance of any acts in connection with the Project. The Authority agrees that the Borrower may be reimbursed from the proceeds made available from the issuance of the Bonds for all costs incurred by it after the effective date of this inducement resolution in connection with the financing of the acquisition, rehabilitation and equipping of the Project only to the extent permitted under Section 103 of the Code and the Act. 3, The Authority hereby agrees to the Borrower's designation of the firm of Williams Mullen, Virginia Beach, Virginia, as Bond Counsel (`Bond Counsel") and hereby appoints such firm to supervise the proceedings and approve the issuance of the Bonds. 4. All costs and expenses in connection with the financing of the acquisition, rehabilitation and equipping of the Project, including fees and expenses of Bond Counsel and the Authority, shall be paid at the direction of the Borrower from the proceeds made available from the issuance of the Bonds or from other funds of the Borrower. If for any reason the Bonds are not issued, it is understood that all such fees and expenses shall be paid by the Borrower and that the Authority shall have no responsibility therefor. 5. In adopting this inducement resolution authorizing the issuance of the Bonds, the Authority declares its official intent to issue the Bonds and provide moneys to reimburse the Borrower for its expenditures with respect to the Project, as contemplated by Treasury Regulations 1.150-2 promulgated pursuant to the Internal Revenue Code of 1986, as amended. 6. The Authority shall perform such other acts and adopt such further proceedings as may be required to implement its undertakings as herein set forth. Prior to the issuance and delivery of the Bonds, there shall be submitted to the Authority for its approval a Bond Resolution approving (a) the issuance of the Bonds, and (b) such other documents as may be necessary in the opinion of Bond Counsel to complete the transaction, provided such documents are acceptable to counsel to the Authority. 7. The Authority hereby recommends that the City Council of the City of Virginia Beach, Virginia approve the issuance of the Bonds and directs the Chair of the Authority to transmit the Fiscal Impact Statement and a copy of this Resolution to the City Council of the City of Virginia Beach. 8. The proper representative of the Authority is hereby authorized and directed to transmit this recommendation to the City Council of the City of Virginia Beach at its next available regular meeting at which an approval resolution can be properly placed on the Council's agenda for consideration, 9. The proper representative of the Authority is hereby authorized and directed to execute _and deliver to the Virginia Department of Housing and Community Development an application for the allocation of volume cap for tax exempt bonds to satisfy the requirements of Section 146 of the Code. 10. This Resolution shall take effect immediately upon its adoption. If the Bonds are not issued within one (1) year of the date of adoption of this Resolution, this Resolution shall be void and of no further effect. 11. The Authority hereby agrees, if requested, to accept the recommendation of the Borrower with respect to the appointment of an agent or underwriter for the sale of Bonds or a purchaser of the Bonds in a private placement pursuant to terms to be mutually agreed upon. ADOPTED; April 19, 2011 The undersigned Secretary of the City of Virginia Beach Development Authority hereby certifies that the foregoing is a true, correct, and complete copy of a Resolution adopted by the Authority's commissioners present and voting at a meeting duly called and held on April 19, 2011, in accordance with law, and that such Resolution has not been repealed, revoked, rescinded, or amended, but is in full force and effect as of the date hereof. WITNESS my hand and the seal of the Authority this day of 2011. CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY B � Secretary I3536080v1 Exhibit D DISCLOSURE STATEMENT Date: May 10, 2011 Applicant: New Sands Apartments Limited Partnership ("Company") All Owners: (If different from Applicant): None Type of Application: City of Virginia Beach Development Authority $6,500,000 Multifamily Housing Revenue Bonds (New Sands Apartments Project) Series 2011 to assist the Company in the acquisition, rehabilitation and equipping of a 120 -unit senior, Section 8, apartment project located at 6405 Auburn Drive, Virginia Beach, Virginia 23464 (the "Project"). 1. The Company is a Virginia limited partnership. 2. The Company will be the owner of the Project. 3. The General Partner of the Company is New Sands Acquisition LLC, a Maine limited liability company. 4. The members of New Sands Acquisition LLC are Evergreen Partners II LLC and SHG Acquisition LLC. NEW SANDS APARTMENTS LIMITED PARTNERSHIP By - William W. Harrison, Jr. Bond Counsel Exhibit E � , VIRGINIA BEACH CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY $6,5000,000 MULTIFAMILY HOUSING REVENUE BONDS (NEW SANDS APARTMENT PROJECT) SERIES 2011 The City of Virginia Beach Development Authority (the "Authority") recommends approval of the above -captioned financing. New Sands Apartment Limited Partnership's residential facilities will promote industry, commerce and trade within the City of Virginia Beach. Financing provided by the Authority will assist in the acquisition and renovation of a life -care facility and assist that facility in meeting new market demands for its services, promote a substantial employment census and add to the City's economic tax base. 222 Central Pork Ave, Suite 1000 • Virginia Beach, Virginia 23462 • ph 757.385.6464 or 800.989.4567 • fax 757.499.9894 Exhibit F FISCAL IMPACT STATEMENT FOR BOND ISSUE SUBMITTED TO THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY The undersigned applicant, to permit the Chairman of the City of Virginia Beach Development Authority to submit the following information in compliance with Section 15.2-4907. Code of Virginia of 1950, states: Name of Applicant: NEW SANDS APARTMENTS LIMITED PARTNERSHIP Project: 120 -Unit Senior, Section 8, Apartment Project 1. Maximum amount of financing sought $6, 000.00 2 Estimated taxable value of the facility's real property to be constructed in the City of Virginia Beach 5,450 000.00 3. Estimated real property tax per year using present tax rates 48=5Q0•00 4. Estimated personal property tax per year using present tax rates 600.00 5. Estimated machinery and tools tax per year using present tax rates __._.....__0 6. a. Estimated dollar value per year of goods that will be purchased from Virginia companies within the locality ')5000.00 b. Estimated dollar value per year of goods that will be purchased from non -Virginia companies within the locality 51000100 C. Estimated dollar value per year of services that will be purchased from Virginia companies within the locality 52.000.00 d. Estimated dollar value per year of services that will be purchased from non -Virginia companies within the locality 55,000.00 7. Estimated number of regular employees on year round basis _ ._ ._ 4 8. Average annual salary per employee 42,705.00 Including Benefits NEW SANDS APARTMENTS LIMITED PARTNERSHIP 3y By:_ APPROVED: 14911079v1 CITY OF VIRGINIA BEACH DEVElaOS-PMENT AUTHORITY By: n an Exhibit G SUMMARY SHEET CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY MULTIFAMILY HOUSING REVENUE BOND PROJECT NAME: LOCATION: DESCRIPTION OF PROJECT 4. AMOUNT OF BOND ISSUE: 5. PRINCIPALS: New Sands Apartments Limited Partnership 6405 Auburn Drive, Virginia Beach, VA 23464 Assist in the acquisition, rehabilitation and equipping of a 120 -unit senior, Section 8, apartment project $6,500,000 Evergreen Partners II LLC SHG Acquisition LLC New Sands Acquisitions LLC 6. ZONING: a. Present zoning classification of the Property: A-12 b. Is rezoning proposed: Yes c. If so, to what zoning classification: No XX Exhibit H 7 r VIRGINIA BEACH ECONOMIC DEVELOPMENT April 19, 2011 Mr. John W. Richardson Chairman Virginia Beach Development Authority 222 Central Park Avenue, Suite 1000 Virginia Beach, VA 23462 Subject: New Sands Apartments Project Multifamily Housing Revenue Bonds Dear John: It is the finding of the Department of Economic Development that the proposed issuance in the not to exceed amount of $6,500,000 in Multifamily Housing Revenue Bonds to assist New Sands in financing a portion of the cost of acquiring, rehabilitating, and equipping a 120 -unit senior, Section 8, apartment project located at 6405 Auburn Drive, Virginia Beach, VA 23464. This proposed project will benefit the citizens of the City through the promotion of their safety, health, and welfare. I will be happy to answer any questions you may have. Sincerely, Mark R. Wawner Project Development Coordinator MRW:Ils 222 Central Park Ave, Suite 1000 1 Virginia Beach, Virginia 23462 - ph 757.385.6464 or 800.989.4567 - fax 757.499.9894 o� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute Amendment Nos. 2 and 3 to the Multi -Year Agreement Between the United States of America and the City to Prevent Encroachment and Incompatible Development In The Vicinity Of Naval Air Station Oceana (NAS Oceana) Approved by ORD -3000B MEETING DATE: May 10, 2011 ' Background: Pursuant to Ordinance 3000B, adopted on September 25, 2007, the City entered into a multi-year agreement with the United States of America, Department of the Navy (the "Navy") in which the parties agreed that the City would convey to the Navy restrictive easements over property the City acquires in the Inter- facility Traffic Area (the "ITA"), and the Navy would pay the lesser of the fair market value of the easement or 50% of the City's acquisition cost of each ITA property (the "Encroachment Partnering Agreement"). The Encroachment Partnering Agreement provided that the Navy would provide initial funding in the amount of $3,000,000 and that additional funds were being sought and would be accomplished by a modification of the Encroachment Partnering Agreement. The City and the Navy executed an amendment to the Encroachment Partnering Agreement in 2008 approving additional funding of up to $4,000,000. To date, the City has sold easements to the Navy totaling approximately $5.1 million. The Navy is seeking additional funding and would like to amend the Encroachment Partnering Agreement to avoid needing to amend the agreement each time additional funding is identified by the Navy. Amendment No. 2 will amend the Encroachment Partnering Agreement to clarify that the Navy may contribute any amount of funds to acquire easements pursuant to the Encroachment Partnering Agreement, to the extent that funds are appropriated, without requiring an amendment to the Agreement. Amendment No. 2 will also amend the Agreement to allow the City and the Navy to obtain one appraisal to be used both for the City's acquisition of the property and for the Navy's later purchase of the restrictive easement from the City, and the Navy will share in the cost (50%) of obtaining such appraisals. Amendment No. 3 will amend the Encroachment Partnering Agreement to expand the area subject to the Agreement to include both the ITA and the area south of Indian River Road, within the contours of the Air Installations Compatible Use Zones (AICUZ), which area is preliminarily being called the Rural AICUZ Area ("RAA"), for sale of easements to the Navy, as has been done in the ITA. Amending the Encroachment Partnering Agreement is in accordance with the City's ongoing efforts to partner with the Navy to retain NAS Oceana as the East Coast Master Jet Base and is an effective means of accomplishing the shared goal of preventing future encroachment around the bases. Considerations: On April 4, 2011, the Navy notified the City that the RAA was an area of special concern to the Navy. The ITA and RAA are areas that are largely undeveloped and present the best opportunity to prevent future incompatible development. The Encroachment Partnering Agreement amendments are being accomplished in two separate amendments because the Navy will require different levels of approval and separating them will expedite their execution. Recomendations: Authorize the City Manager to execute an amendment to the Encroachment Partnering Agreement with the Navy. • Attachments: Ordinance, Map, and Summary of Terms Recommended Action: Approval Submitting Department/Agency: Planning Department City Manag \\vbgov.com\dfs1\applicatio citylawprod\cycom32\wpdocs\d027\p008\00016990.doc 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE AMENDMENT NOS. 2 AND 3 3 TO THE MULTI-YEAR AGREEMENT BETWEEN 4 THE UNITED STATES OF AMERICA AND THE CITY 5 TO PREVENT ENCROACHMENT AND 6 INCOMPATIBLE DEVELOPMENT IN THE VICINITY 7 OF NAVAL AIR STATION OCEANA (NAS OCEANA), 8 APPROVED BY ORD -3000B 9 10 11 WHEREAS, as authorized by Ordinance 3000B, adopted by the City Council on 12 September 25, 2007, the United States of America, Department of the Navy (the 13 "Navy") and the City entered into a Multi -Year Agreement on September 27, 2007, in 14 which the Navy and the City agreed that the City would convey to the Navy restrictive 15 easements over property the City acquires in the Interfacility Traffic Area (the "ITA"), 16 and the Navy would pay the lesser of the fair market value of the easement or 50% of 17 the City's acquisition cost of the ITA properties (the "Encroachment Partnering 18 Agreement"); 19 20 WHEREAS, the Encroachment Partnering Agreement provided that the Navy 21 would supply initial funding in the amount of $3,000,000 and that additional funds were 22 being sought and would be accomplished by a modification of the Encroachment 23 Partnering Agreement; 24 25 WHEREAS, as authorized by Ordinance ORD -3053C, adopted by the City 26 Council on September 23, 2008, the City and the Navy modified Encroachment 27 Partnering Agreement (Amendment No. 1) to increase the Navy's intended obligation 28 from $3,000,000 to approximately $7,072,050, or to the extent additional funds were 29 approved by the federal government; 30 31 WHEREAS, the City and the Navy desire to further modify the Encroachment 32 Partnering Agreement to remove the funding limitation from the Agreement, to the 33 extent that federal funds are appropriated, to streamline the appraisal terms, and to 34 include additional area to be covered by the Agreement, specifically the area south of 35 Indian River Road, within the contours of the Air Installations Compatible Use Zones 36 (AICUZ), which area is preliminarily being called the Rural AICUZ Area ("RAA"), for the 37 sale of easements to the Navy, as has been done in the ITA; 38 39 WHEREAS, all of the other terms of the Encroachment Partnering Agreement will 40 remain the same; and 41 42 WHEREAS, the City Council finds that amending the Encroachment Partnering 43 Agreement is in accordance with the City's ongoing efforts to partner with the Navy to 44 retain NAS Oceana as the East Coast Master Jet Base and is an effective means of 45 accomplishing the shared goal of preventing future encroachment around the bases. 46 47 48 49 50 51 52 53 54 55 56 57 58 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby authorized to execute Amendments Nos. 2 and 3 to the Encroachment Partnering Agreement to the extent such modifications are in substantial conformity with the Summary of Terms attached hereto and incorporated herein and such other terms, conditions or modifications as are deemed necessary and sufficient by the City Manager and in a form deemed satisfactory by the City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2011. CA11711 Cwb_ov.com\dfs l \applications,citylawprod,cycom32,wpdocs,d027\p008,00016993.doc 5/2/11 R-1 APPROVED A T CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 1 Planning epartment City A torney's Office SUMMARY OF TERMS OF AMENDMENT NOS. 2 & 3 TO THE MULTI-YEAR AGREEMENT BY AND BETWEEN THE UNITED STATES OF AMERICA AND CITY OF VIRGINIA BEACH, VIRGINIA, DATED SEPTEMBER 27, 2007 (the "Encroachment Partnering Agreement") Parties: The City of Virginia Beach and The United States of America, acting through the Department of the Navy Terms of Amendment No. 2: Amends the Encroachment Partnering Agreement to: • Clarify that the Navy may contribute any amount of funds to acquire easements pursuant to the Encroachment Partnering Agreement, to the extent that funds are appropriated, without requiring an amendment to the Agreement. • Allow the City and the Navy to obtain one appraisal to be used both for the City's acquisition of the property and for the Navy's later purchase of the restrictive easement from the City, and the Navy will share in the cost (50%) of obtaining such appraisals. Terms of Amendment No. 3 Amends the Encroachment Partnering Agreement to expand the area subject to the Agreement to include both the ITA and the area south of Indian River Road, within the contours of the Air Installations Compatible Use Zones (AICUZ), which area is preliminarily being called the Rural AICUZ Area ("RAA"), for sale of easements to the Navy, as has been done in the ITA. \\vbgov.com\dfs1 \application s\citylawprod\cycom 32\wpdocs\d028\p011\0001 7151.doc mer. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a 3 -Year Lease with Gilly's Creamery, LLC, for Space #14 in the Virginia Beach Farmers Market. MEETING DATE: May 10, 2011 ■ Background: Gilly's Creamery, LLC ("Gilly's") would like to lease Space #14 in the Virginia Beach Farmers Market from the City of Virginia Beach (the "City"). Gilly's would be a new tenant at the Virginia Beach Farmers Market. ■ Considerations: The term of the Lease is three (3) years. The Lease has a sixty-day (60) termination clause in the event the City needs the property for a public purpose prior to the termination of the Lease. For more specific terms, see attached Summary of Terms. ■ Public Information: Advertisement of Public Hearing Advertisement of City Council Agenda ■ Alternatives: Approve Lease as presented, change conditions of the Lease or deny leasing of the space. ■ Recommendation: Approval ■ Attachments: Ordinance Summary of Terms Location Map Recommended Action: Approval Submitting Department/Agency: Department of AgricultureAzj . City Manager: \\vbgov.com\DFS1\Applications\CityLa Prod\ com32\Wpdocs\D006\P006\00037935.DOC 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A 3 -YEAR LEASE WITH 3 GILLY'S CREAMERY, LLC FOR SPACE #14 IN THE 4 VIRGINIA BEACH FARMERS MARKET 5 6 WHEREAS, the City of Virginia Beach (the "City") is the owner of The City of 7 Virginia Beach Farmers Market located at the corner of Princess Anne Road and Dam 8 Neck Road in Virginia Beach, Virginia (the "Farmers Market"); 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 WHEREAS, Gilly's Creamery, LLC ("Gilly's") would like to enter into a formal lease arrangement with the City for Space #14 in the Farmers Market (the "Premises"); WHEREAS, the Premises will be utilized for the sale of fresh and frozen dairy products, and related items, and for no other purpose; WHEREAS, Gilly's has agreed to pay the City $637 per month ($7,644 per year) for the use of the Premises for the first year of the term, with annual rent increases equal to 5%; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby authorized to execute a lease for a term of three (3) years between Gilly's Creamery, LLC and the City for the Premises in accordance with the Summary of Terms attached hereto and made a part hereof, and such other terms, conditions or modifications as may be acceptable to the City Manager and in a form deemed satisfactory by the City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2011. APPROVED AS TO LEGAL SUFFICIENCY AND FORM r� City At orney CA11713 \\vbgov.com\DFS1 \Applications\CityLawProd\cycom32\W pdocs\1)029\P010\00017182.DOC R-1 April 29, 2011 APPROVED AS TO CONTENT 9c Department/of Agriculture SUMMARY OF TERMS LEASE FOR SPACE #14 AT THE VIRGINIA BEACH FARMERS MARKET LESSOR: City of Virginia Beach LESSEE: Gilly's Creamery, LLC PREMISES: Space #14 TERM: 36 months: May 1, 2011 —April 30, 2014 RENT: Year 1: $637 per month ($7,644 per year) Year 2: $669 per month ($8,028 per year) Year 3: $702 per month ($8,424 per year) RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use leased space for the operation of a dairy store, selling fresh and frozen dairy products, and related items, and for no other purpose. • Maintain leased space, including heating and air conditioning units and/or heat pump units. • Payment of all assessed fees. • Purchase commercial general liability insurance for the Premises with policy limits of not less than $1,000,000 combined single limits per occurrence. • Keep Premises open from 10:00 a.m. to 5:00 p.m. Monday through Sunday. RIGHTS AND RESPONSIBILITIES OF CITY: • Maintain common areas of the Property and structural elements of the Premises. • Provide water and sewer. • Provide electrical service unless Lessee has its own account with Dominion Virginia Power. TERMINATION: • After 18 months, either party may terminate by providing the other party sixty (60) days' written notice. • City also has special right to terminate if necessary for any public purpose by giving sixty (60) days' written notice. \\vbgov.com\dfs 1 \applications\citylawprod\cycom32\Wpdocs\D012\P006\00028342. DOC i LOCATION MAP 1440 260 260 )rganic Grocer2412❑8 F12 100 13 20 60 200 Rua[ Hertiage Cir. 11 Space ` 24 40 316 7 4 317 939 24 40 960 24 16 3 40 7 939 31 17 24 40 960 13 80 Picnic 30 8 2400 10 30 29 8 6O7 20 10 30/ 2 6 9 / 31 1090 38/ VIRGINIA BEACH 320 FARMERS MARKET (32 D 163 939 980 24 24 7 3 40 40 17 96�06,)" 24/ 8035 / \\28 40 40 4 24 24 35 4 5 5 5 5 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An ordinance to authorize acquisition of temporary and permanent easements for the South Lake Holly Watershed Improvements — Section III (CIP 7-016) , either by agreement or condemnation. MEETING DATE: May 10, 2011 ■ Background: The South Lake Holly Watershed Improvements Project (CIP 7- 016) was programmed in the FY 1998/99 CIP. Total programmed costs are $13,443,000 through FY 2010/11. Total appropriations to date are $12,571,945. This project is divided into four sections and addresses drainage, utilities and neighborhood revitalization. It will provide storm water, sewer and water betterments, new neighborhood sidewalks and hydrodynamic separators, off-line storm drainage structures designed to separate trash, oil, and sediment from the effluent that will outfall into South Lake Holly and Rudee Inlet. ■ Considerations: Design is complete for Section III; construction advertisement for Section III occurred April 17, 2011. Construction sequencing and staging for Section III will be in four sequences: Sequence A, Sequence B, Sequence C, and Sequence D. The property affected by this ordinance is in Sequence D; and no construction will take place until the easements that are needed are secured. Acquisition of a temporary construction easement and a permanent drainage easement will be necessary for construction of Sequence D. Authority is requested to acquire the necessary easements (temporary and permanent) by agreement or condemnation. Two properties will be affected by this Ordinance, and there will be no fee takes or total takes. ■ Public Information: An informal Status Update Meeting was held on January 6, 2009 and April 13, 2011 with several members of the Shadowlawn Civic League to provide the status of each of the four sections of the project. The public hearing for this item was advertised in The Virginian -Pilot Beacon. Advertisement of the City Council agenda. ■ Alternatives: Approve the ordinance as presented or deny the request for authority to acquire, by agreement or condemnation, the easements associated with the Project. 0 Recommendation: Approval ■ Attachments: Ordinance Location Map Recommended Action: Approval Submitting Department/Agency: City Manager. % k X:\Projects\CIP\Princess ne d.-Kempsville Rd. Public Works/Real E ate Q►� i� Inter. Impr. 2-048\15 - COUNCIL\Agenda 04.09.07 law.DOC 1 AN ORDINANCE TO AUTHORIZE 2 ACQUISITION OF TEMPORARY AND 3 PERMANENT EASEMENTS FOR THE SOUTH 4 LAKE HOLLY WATERSHED IMPROVEMENTS s — SECTION III (CIP 7-016) , EITHER BY 6 AGREEMENT OR CONDEMNATION. 7 s WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a 9 public necessity exists for the construction of this important stormwater, utility and 10 neighborhood revitalization project to improve drainage, utility connection and pesdestrian 11 travel within the City and for other related public purposes for the preservation of the 12 safety, health, peace, good order, comfort, convenience, and for the welfare of the people 13 in the City of Virginia Beach. 14 1s NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 16 VIRGINIA BEACH, VIRGINIA: 17 is Section 1. That the City Council authorizes the acquisition by purchase or 19 condemnation pursuant to Sections 15.2-1901, et seq., Sections 33.1-91, et sec ., and Title 20 25.1 of the Code of Virginia of 1950, as amended, of all those certain temporary and 21 permanent easements (the "Property"), as shown on the plans entitled "SOUTH LAKE 22 HOLLY WATERSHED IMPROVEMENTS — SECTION III, CIP NO. 7-016" (the "Project') 23 and more specifically described on the acquisition plats for the Project (plats and plans 24 collectively referred to as the "Plans"), the Plans being on file in the Engineering Division, 25 Department of Public Works, City of Virginia Beach, Virginia. 26 27 Section 2. That the City Manager is hereby authorized to make or cause to be 28 made on behalf of the City of Virginia Beach, to the extent that funds are available, a 29 reasonable offer to the owners or persons having an interest in said Property. If refused, 30 the City Attorney is hereby authorized to institute proceedings to condemn said Property. 31 32 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 33 , 2011. CA11019 \\vbgov.com\dfs1 \applications\citylawprod\cycom32\wpdocs\d013\p010\00015159.doc R-1 PREPARED: 4/28/11 DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM X:\Projects\CIP Projects\Princess Anne Rd.-Kempsville Rd. Inter. Impr. 2-048\15 -COUNCIL\Ordinance for Projects that Include Entire Takes 02-05-07.doc ME •.0 m Film m II f v CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments into a portion of the City rights-of-way known as 27th Street, 27Y2 Street (20' alley), 28th Street and Atlantic Avenue, for Viking Motel Corporation located at 2700 Atlantic Avenue MEETING DATE: May 10, 2011 ■ Background: Viking Motel Corporation (located at 2700 Atlantic Avenue) has requested permission to construct and maintain roof overhangs, roof parapet, hard awnings, light fixtures, and Fire Department connection, within the City rights-of-way known as 27th Street, 27'2 Street (20' alley), 28th Street and Atlantic Avenue. There are other encroachments located on Atlantic Avenue that are similar to this encroachment. A portion of 27%2 Street was closed recently, but that closed street is not the subject of this encroachment. ■ Considerations: City Staff has reviewed the requested encroachments and has recommended approval of same, subject to certain conditions outlined in the Agreement. ■ Public Information: Advertisement of City Council Agenda ■ Alternatives: Approve the encroachments as presented, deny the encroachments, or add conditions as desired by Council. ■ Recommendations: Approve the request subject to the terms and conditions of the Agreement. ■ Attachments: Ordinance, Agreement, Plat, Drawings and Location Map Recommended Action: Approval of the ordinance. Submitting DepartmentlAgency: Public Works/Real Estate City Manager: S k � "7be� 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF THE CITY 6 RIGHTS-OF-WAY KNOWN AS 27th 7 STREET, 27Y2 STREET (20' ALLEY), 8 28th STREET AND ATLANTIC 9 AVENUE, FOR VIKING MOTEL to CORPORATION LOCATED AT 2700 11 ATLANTIC AVENUE 12 13 WHEREAS, Viking Motel Corporation, a Virginia stock corporation desires to 14 construct and maintain roof overhangs, roof parapet, hard awnings, light fixtures, and 15 Fire Department connection within portions of City rights-of-way located at 2700 Atlantic 16 Avenue, in the City of Virginia Beach, Virginia; and 17 18 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 19 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 20 City rights-of-way subject to such terms and conditions as Council may prescribe. 21 22 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 25 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Viking Motel Corporation its 26 heirs, assigns and successors in title are authorized to construct and maintain 27 temporary encroachments for roof overhangs, roof parapet, hard awnings, light fixtures, 28 and Fire Department connection, within the City rights-of-way as shown on the map 29 marked Exhibit "A" and entitled: "EXHIBIT `A' SHOWING AREAS OF 3o ENCROACHMENT FOR ROOF OVERHANGS, ROOF PARAPET, HARD AWNINGS, 31 LIGHT FIXTURES, AND FIRE DEPARTMENT CONNECTION VIRGINIA BEACH, 32 VIRGINIA NOVEMBER 15, 2010 SCALE: 1" = 50'," a copy of which is on file in the 33 Department of Public Works. Said exhibit plat consists of four (4) sheets, copies of 34 which are attached hereto as Exhibit "A" and to which reference is made for a more 35 particular description; and 36 37 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly 38 subject to those terms, conditions and criteria contained in the Agreement between the 39 City of Virginia Beach and Viking Motel Corporation (the "Agreement"), which is 40 attached hereto and incorporated by reference; and 41 42 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee 43 is hereby authorized to execute the Agreement; and 44 45 46 47 48 49 50 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such time as Viking Motel Corporation and the City Manager or his authorized designee executes the Agreement. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2011. CA -11668 R-1 PREPARED: 4/14/11 APPROVED AS TO CONTENTS ��'a 0 - �4, BLIC WORKS, REAL ESTATE APPROVED AS TO LEGAL SUFFICIENCY AND FORM DMEYER, ASSI TANT CITY ATTORNEY PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this 5 day of A eT l , 2011, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and VIKING MOTEL CORPORATION, a Virginia stock corporation, ITS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Parcel A"; as shown on that certain plat entitled: "RESUBDIVISION OF LOTS 1, 6, 7, 8 AND THE EASTERN 21.5' OF LOT 2, BLOCK 67 AND CLOSED PORTION OF 27 '/2 STREET PROPERTY OF VIRGINIA BEACH DEVELOPMENT CO. (MB 3, PG 176) VIRGINIA BEACH, VIRGINIA DATED: OCTOBER 19, 2010 SCALE: 1" = 30', prepared by MSA, P.C.," and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20110217000169320, and being further designated, known, and described as 2700 Atlantic Avenue, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to construct and maintain roof overhangs, roof parapet, hard awnings, light fixtures, and Fire Department connection, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and GPIN: (CITY RIGHT-OF-WAY — NO GPIN REQUIRED OR ASSIGNED) 2428-00-8949-0000; (2700 Atlantic Avenue) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of existing City rights-of-way known as 27th Street, 27'/2 Street (20' alley), 28th Street and Atlantic Avenue, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT 'A' SHOWING AREAS OF ENCROACHMENT FOR ROOF OVERHANGS, ROOF PARAPET, HARD AWNINGS, LIGHT FIXTURES, AND FIRE DEPARTMENT CONNECTION VIRGINIA BEACH, VIRGINIA NOVEMBER 15, 2010 SCALE: 1" = 50'," Said exhibit plat consists of four (4) sheets, copies of which are attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary 2 Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must submit and have approved a traffic control plan before commencing work in the Encroachment Area. It is further expressly understood and agreed that the Grantee agrees that no open cut of the public roadway will be allowed except under extreme circumstances. 3 Requests for exceptions must be submitted to the Highway Operations Division, Department of Public Works, for final approval. It is further expressly understood and agreed that the Grantee must obtain a permit from the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit"). It is further expressly understood and agreed that prior to issuance of a right-of-way/utility easement Permit, the Grantee must post a bond or other security, in the amount of two times their engineer's cost estimate, to the Department of Planning to guard against damage to City property or facilities during construction. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. . It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a 2 registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the City Engineer's Office or the Engineering Division of the Department of Public Utilities. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, the said Viking Motel Corporation has caused this Agreement to be executed in its corporate name and on its behalf by Mahesh Raman Patel, its President. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of , 2011, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He is personally known to me. Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: (SEAL) The foregoing instrument was acknowledged before me this day of , 2011, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. Notary Registration Number: My Commission Expires: _ C. Notary Public (SEAL) Viking Motel Corporation By &t?a CA (SEAL) Mahesh Raman Patel, President STATE OF CITY/CQAJT-Y—O , to -wit: The foregoing instrument was acknowledged before me this day of 2011, by Mehesh Raman Patel, as President of Viking Motel Corporation, a Virginia stock Corporation. 2"EAL) Notary Public KATHLE _N MACK^ - Notary Registration Number: NOTAIAY Pt;bi_,c COf71rT 0f-1WC'c1jtfj of Virgir is (9r)c3. / 2562 2 My Commission Expires:n F>r,,,<<, / (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 111 APPROVED AS TO CONTENTS SbNATURE Fw 641 sc c DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM AAE YER, ASSTY ATTORNEY 2M SWa27(6V'RIV w w (AU J PG 176) ? 9.66' N 76V.94,9',- I 150.00' ,r''li;�i #11F Iv ' KKA10 HOTEL CORP. (0,6 2309, PC We) 44' Cr LOT 9, BLOCK 67 *8.. J,, PC 177) o GP/N 2428-00--7939 N 5-00-8949 5F OR 0.746 AC JV, AUE'Y is ilv (M.B 4 PO 176) S 767117` W N W N/ MAHAKAAL 2701, LLC Z' (/NST.,' 200160124000121610) 43'6FLOT3& �) 28.5' OF LOT 2, aocK 67 (M.8 J,, PG. 177) 2 GPIN 2428-00-8844 zz� ROOF OVERHANG ENCROACHMENT ti o AREA=507 SF OR 0.012 AC �I 19.50' 0 OP y o 1'6 TYPICAL ROOF OVERHANG EY J. ETHER "r- _Lic. No 3 R�E� SU 2M S7AEFTWO % RyV (M. B. J 176 1 CA w w 71,50' 76YI756"WT-5 w ca O ROOF 0if-BHANG ENCROACHMENT EXHIBIT 'A' SHOWING AREAS OF ENCROACHMENT FOR ROOF OVERHANGS, ROOF PARAPET, HARD AWNINGS, LIGHT FIXTURES, AND FIRE DEPARTMENT CONNECTION VIRGINIA BEACH, VIRGINIA NOVEMBER 15, 2010 —�.50' w —3.50' 3.50' SHEET 1 OF 4 MSA- P.C_ armomrer lsw=•rlamrV-S avil & Envimxm=iW • 1 �, =11 5 03 3 Rouse Drive, Virginia Beach, VA 2.3462 757-490-9264(0fc) 757-490-D634 (Fax) www.msaonline.com PROD. NO.: 08084 DATE: 11-15-10 SCALE: 1" = 50' Am SIAM7 (w Rm (M.8 .1 Pa 17lS N �P r N WK1NG H07EZ CORP. (D.B. 2",, RG 1418) 44' CF LOT 9, BLOCK 67 (M, 8 4 PG. 177) GR/N 2428-00-7939 f 0 ti Al 76 b9 49" E 150.00' B—OD-8949 SF OR 0.746 AC wo,'t,TH op 7"** REFF EY J. VIER Lic. No. 06 QD SUFNIZAPOO 8.16' 2XVi SMffr ( r (AeB 4 PO 176J HARD AWING ENCROACHMENT EXHIBIT 'A' SHOWING AREAS OF ENCROACHMENT FOR BUILDING OVERHANGS, ROOF PARAPET, HARD AWNINGS, LIGHT FIXTURES, AND FIRE DEPARTMENT CONNECTION VIRGINIA BEACH, VIRGINIA NOVEMBER 15, 2010 N 16.16' .50' Ig 64.39' 4.23 AV. AUCy 78.40' 4.14' v �o (A4B 4 pG 175) S 7671 17" W w 2.50' I N N 2701, 6.5' X 2.5' MAHAKAAL LLC Z HARD AWNING (1NSIrl 20060124000121610) I � � 4.i' OF LOT ,3 c¢ IL2.44' 295' OF LOT 2 Bmw 67 (M..B...3, PG. 177) _ 22.17' X 2.5' G01N 2428-00-8844 HARD AWNING 0 AREA OF HARD AWNING ENCROACHMENT = 229 SF OR 0.005 AC a wo,'t,TH op 7"** REFF EY J. VIER Lic. No. 06 QD SUFNIZAPOO 8.16' 2XVi SMffr ( r (AeB 4 PO 176J HARD AWING ENCROACHMENT EXHIBIT 'A' SHOWING AREAS OF ENCROACHMENT FOR BUILDING OVERHANGS, ROOF PARAPET, HARD AWNINGS, LIGHT FIXTURES, AND FIRE DEPARTMENT CONNECTION VIRGINIA BEACH, VIRGINIA NOVEMBER 15, 2010 N 16.16' .50' .50' 4.23 4.14' v �o j 2.50' I N 2.44' I � � IL2.44' 47.33' ai 71.50' S 76277;56" DY 2.50' 3.00' 3.00' SHEET 2 OF 4 MSA- P_C_ Enviro amw scia,rn • Pww*)g • Survey¢-�g Civil & Em1 � • Iaru}scape A�chiteclwe 5033 Rouse Drive, Virginia Beach, VA 23462 757-490-9264(Ofc) 757-490-0634(Fax) www.msaonline.com PROJ. NO.: 08094 DATE: 11-15-10 SCALE: 1" = 50' tea, SIM7 (W'R/M) (Ma 3 PC, 176) 8.66' 14.01'20.32' 14.01' .66' 'Al'A' 'A' 'A' 'A' 'A' 13.58' N 76V949E 150.00' ?ID' ALLEY 76.40" 5 767117" W N MAHA1(AAL 2701, LLC (/NST.,¢ 20060124000121610) 4j'OFLOT 3& 295' OF LOT 2, BLOCK 67 LIGHT FIXTURE ENCROACHMENT (M.,P J,, PC 177) = 42 SF OR 0.001 AC GRIN 2428-00-8844 A FIRE DEPT CONNECTION ENCROACHMENT = 1 SF 'A' DENOTES 1.50' LIGHT FIXTURE ENCROACHMENT 'g' DENOTES 0.34' LIGHT FIXTURE ENCROACHMENT `ND suR���J 271* S7AWTTBO' R V (M.B..$ 17G 'A' 00 8.16' oARCEL 'A' w {MIN: 428-00-8949 � O N/F AREA -32. SF OR 0.746 AC a AK/NG H07EZ CORP. (98. 2309 PO 1418) _ �+ 44 OF LOT 9, BLOCK 67 v (V,9 .% PG. 177)ir `Z COIN 2428-00-79.,19 ~ � o ?ID' ALLEY 76.40" 5 767117" W N MAHA1(AAL 2701, LLC (/NST.,¢ 20060124000121610) 4j'OFLOT 3& 295' OF LOT 2, BLOCK 67 LIGHT FIXTURE ENCROACHMENT (M.,P J,, PC 177) = 42 SF OR 0.001 AC GRIN 2428-00-8844 A FIRE DEPT CONNECTION ENCROACHMENT = 1 SF 'A' DENOTES 1.50' LIGHT FIXTURE ENCROACHMENT 'g' DENOTES 0.34' LIGHT FIXTURE ENCROACHMENT `ND suR���J 271* S7AWTTBO' R V (M.B..$ 17G 'A' 00 8.16' � O I ,A,P rn _ � ~ � OD W to , Awv ,',AA,' 5.59' 80 01'14.01' 14. 'A' 8.66 9'_owo .67' 12.66 7.4 A. 'A' 'A' 7150' 'A ''A', 0.42' S 76W56" W L10HT RA7ZIRES AND FIR, DEPARTMENT CONN£C77ON ENCROACHMENT EXHIBIT 'A' SHOWING AREAS OF ENCROACHMENT FOR BUILDING OVERHANGS, ROOF PARAPET, HARD AWNINGS, LIGHT FIXTURES, AND FIRE DEPARTMENT CONNECTION VIRGINIA BEACH, VIRGINIA NOVEMBER 15, 2010 SHEET 3 OF 4 MSA_ P.C. Fnviromnernal spaces • Planning - Siave�vu'�g Civil & DTmnmenW P ing • M=RX RX 5033 Rouse Drive, Virginia Beach, VA 23462 757-490-9264(Ofc) 757 490-0634 (Fax) www.msaonline.com PROJ. NO.: 08094 DATE: 11-15-10 SCALE: 1" = 50' PRINCESS ANNE S COUNTRY CLUBa 3nS � RD ,----' 3�h S ACH 29 S Cr 28 S Al'LAIVTIC 2, S� QCEA�v N ���a 2st�► st 21st LOCATION MAP — SCALE: 1" = 2,000' NOTES: 1. NORTH MERIDIAN SHOWN HEREON IS BASED ON THE VIRGINIA STATE PLANE COORDINATE SYSTEM, SOUTH ZONE, NAD 1983/93 (HARN). 2. PROPERTY LINE INFORMATION SHOWN HEREON IS DERIVED FROM FIELD WORK PERFORMED BY MSA, P.C. ON JULY 21, 2008. 3. THE PURPOSE OF THIS EXHIBIT IS TO SHOW THE AREA OF ENCROACHMENT FOR BUILDING OVERHANGS, HARD AWNINGS, ROOF PARAPET, LIGHT FIXTURES AND FIRE DEPARTMENT CONNECTION. H op r� 'Sa z JEFFREY J AERRE91`148 —LJ ---No. 2306 EXHIBIT 'A' SHOWING AREAS OF ENCROACHMENT FOR BUILDING OVERHANGS, ROOF PARAPET, HARD AWNINGS, LIGHT FIXTURES, AND FIRE DEPARTMENT CONNECTION VIRGINIA BEACH, VIRGINIA NOVEMBER 15, 2010 SHEET 4 OF 4 MSA- PAC - Cava am 5033 Rouse hive, Virginia Beach, VA 23462 757-490-9264 (0k) 757-490-0634(Fax) www rnsaonline.com PROJ. NO.: 08094 DATE: 11-15-10 SCALE: 1" = 40' 6 1WFIAMAWN �Y_E�_' J� \ Q H 2 _ VI El =0000ao ooN0000000 ' I I zkir § ° f w : ■ §|%! § I | \ ||!$§ o �n�| ■ 6 �$ �� m k 1 3 3 5±\ O ��■ `■ ! | .� � ■ R �� § m , , 689 68 eas V 41 � k 688 (TX -j 088 i 3] d l\ g} Z/ ISO o on ©k j§ -§.� \§9 N §�| |§f |�¥ $■& ( |« �-¥ ||| $ ||| §| k|n| | § : e S S @ (D @ V 41 � k 688 (TX -j 088 i 3] d l\ g} Z/ ISO 'o7 a 04 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments into a portion of City property known as Lake Rudee located at the rear of 726 Kennedy Avenue, for property owners Glen A. Williams and M. Nicole Williams MEETING DATE: May 10, 2011 ■ Background: Glen A. Williams and M. Nicole Williams have requested permission to maintain two (2) existing piers and to construct and maintain a 12' X 12' boat lift, upon a portion of City property known as Lake Rudee located at the rear of 726 Kennedy Avenue. The two (2) existing piers are subject to encroachment agreements that were previously approved by the City Council and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach on January 13, 2005 and February 19, 2008. ■ Considerations: City Staff has reviewed the requested encroachment and has recommended approval of same, subject to certain conditions outlined in the Agreement. There are similar encroachments in Lake Rudee. In accordance with the recommendations of the City Council to help address water quality protection in conjunction with temporary encroachments onto City property, the requested encroachment has been reviewed by the Department of Planning/Environmental Management Center. Staff is of the professional opinion that the full 15 -foot -wide vegetated riparian buffer area cannot be established on the property. Therefore, the applicant shall make a SIX HUNDRED AND SIXTY- SIX DOLLAR ($666.00) payment, payable to the City Treasurer, to the Department of Planning as compensation for the riparian buffer area that cannot be established on the applicant's property. This payment will be used to restore buffer areas on other City -owned property. ■ Public Information: Advertisement of City Council Agenda ■ Alternatives: Approve the encroachments as presented, deny the encroachments, or add conditions as desired by Council. ii Recommendations: Approve the request subject to the terms and conditions of the Agreement. ■ Attachments: Ordinance, Agreement, Plat, Picture and Location Map Recommended Action: Approval of the ordinance. Submitting Department/Agency: Public Works/Real Estate Ri4�) City Manager: v, INwt F kD 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF CITY 6 PROPERTY KNOWN AS LAKE RUDEE 7 LOCATED AT THE REAR OF 726 8 KENNEDY AVENUE, FOR PROPERTY 9 OWNERS GLEN A. WILLIAMS AND M. 10 NICOLE WILLIAMS 11 12 WHEREAS, Glen A. Williams and M. Nicole Williams desire to maintain two (2) 13 existing piers and to construct and maintain a 12' X 12' boat lift upon the City's property 14 known as Lake Rudee, located at the rear of 726 Kennedy Avenue, in the City of 15 Virginia Beach, Virginia; and 16 17 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 18 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 19 City's property subject to such terms and conditions as Council may prescribe. 20 21 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 24 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Glen A. Williams and M. 25 Nicole Williams, their heirs, assigns and successors in title are authorized to construct 26 and maintain temporary encroachments for a 12' X 12' boat lift and to maintain two (2) 27 existing piers upon a portion of City property known as Lake Rudee as shown on the 28 map marked Exhibit "A" and entitled: "EXHIBIT A PROPOSED BOAT LIFT FOR GLEN 29 A. AND M. NICOLE WILLIAMS LOT B-1. RESUB. OF LOTS A & B, BLK. 40, SHADOW 3o LAWN HEIGHTS LYNNHAVEN DISTRICT VIRGINIA BEACH, VA 23451 (M.B. 302 PG. 31 99) DATE: SEPTEMBER 10, 2010," a copy of which is attached hereto as EXHIBIT "A" 32 and to which reference is made for a more particular description; and 33 34 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly 35 subject to those terms, conditions and criteria contained in the Agreement between the 36 City of Virginia Beach and Glen A. Williams and M. Nicole Williams (the "Agreement"), 37 which is attached hereto and incorporated by reference; and 38 39 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee 40 is hereby authorized to execute the Agreement; and 41 42 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such 43 time as Glen A. Williams and M. Nicole Williams and the City Manager or his authorized 44 designee executes the Agreement. 45 46 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 47 of .2011. CA -11683 R-1 PREPARED: 4/25/11 APPROVED AS TO CONTENTS Q PUBLIC WORKS, REAL ESTATE yl-Qr�l1\ APPROVED AS TO LEGAL SUFFICIENCY AND FORM AAKRrMEYER, ASSISTANT CITY ATTORNEY PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this 25th day of April, 2011, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and GLEN A. WILLIAMS and M. NICOLE WILLIAMS, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lot B-1", as shown on that certain plat entitled: "AMENDED RESUBDIVISION OF PROPERTY LOTS A & B — BLOCK 40 MAP OF SHADOW LAWN HEIGHTS M.B. 286 P. 44, 45 VIRGINIA BEACH, VIRGINIA SCALE: 1" = 30' NOVEMBER 13, 2001 SHEET 1 OF 2, prepared by GALLUP SURVEYORS & ENGINEERS, LTD.," and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 302, at page 99, and being further designated, known, and described as 726 Kennedy Avenue, Virginia Beach, Virginia 23451; WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as Lake Rudee, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. GPIN: 2427-01-8282-0000; (CITY PROPERTY KNOWN AS LAKE RUDEE) 2427-01-3257-0000; (726 Kennedy Avenue) NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT A PROPOSED BOAT LIFT FOR GLEN A. AND M. NICOLE WILLIAMS LOT B-1. RESUB. OF LOTS A & B, BLK. 40, SHADOW LAWN HEIGHTS LYNNHAVEN DISTRICT VIRGINIA BEACH, VA 23451 (M.B. 302 PG. 99) DATE: SEPTEMBER 10, 2010 SCALE: 1" = 30'," a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. N It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit") It is further expressly understood and agreed that the Grantee shall make a SIX HUNDRED AND SIXTY-SIX DOLLAR ($666.00) payment, payable to the City Treasurer, to the Department of Planning as compensation for the typically required 15 - foot -wide riparian buffer area that cannot be established on the property of the Grantee; said buffers are a standard condition of the City for shoreline encroachments. Said payment is equal to partial cost of plant material which will be used to restore buffer areas on other City -owned property. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is N deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the City Engineer's Office or the Engineering Division of the Department of Public Utilities. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the rd Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Glen A. Williams and M. Nicole Williams, the said Grantees has caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of , 2011, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He is personally known to me. Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: (SEAL) The foregoing instrument was acknowledged before me this day of 2011 by CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. Notary Registration Number: My Commission Expires: I Notary Public (SEAL) r By GI n Williams, Owner B 4Mi lIeWlii I lli�a Jm Ts Owner STATE OF ,/ CITY/COUNTY OF A !� iwc, 3rcA , to -wit: 11 The foregoing instrument was acknowledged before me this -25 day of 2011, by Glen A. Williams. Nofar Public Vy;V1YVI ili�,�r ` �314 4-, Z Notary Registration Number: SUZANNE SLACK CAMDEN _ NOTARY PUBLIC My Commission Expires: L'� " COMMONWEAOLTH OF 276031 031 MY COMMISSION EXPIRES FEBRUARY 28, 2015 STATE OF CITY/COUNTY OF VA JVq, to -wit: f61 The foregoing instrument was acknowledged before me this day ofi;;,;,,, 2011 by M. Nicole Williams. Notaf4 Public Notary Registration Number: My Commission Expires 7 SUZANNE SLACK CAMDEN NOTARY PUBLIC REGISTRATION # 276081 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES FEBRUARY 28, 2015 APPROVED AS TO CONTENTS v omX40- vl� Nk� DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM I)WN W. 114A-FWEYER, ASS TANT CITY ATTORNEY 0 8 LAKE RUDEE LOTS 8 & 9 \ ➢ — N/F R.E. GALLOWAY a (20070607000774720) PER 9 - - - - - - 10 \ PROPOSED V, LOTS o `� . Lorslo&1l 12'x 12' BOAT LIFT \ < \<, '�� \ N/F r. A. KUSH _ �?L \ 101� \\ (200208263022039) LOT Al N/F DAVID S. SIMS (200207313010126) LINE TABLE Ll: N 46'08'31 " W L2: N 5457'09" W L3: N 45'00'56" W L4: N 49"13'59" W L5: N 48'0509" W L6: N 48'5443" W L7: S 8829'03" W L8: S 17'0614" W 1-9: S 13'53'54" E F \ q) -7 \`\ rn m� \ PARCEL 2.29' - 19.55' \ 23.26' 28.95' 26.02' IPF 15.51' a, 12.34' J IPF 16.50' eb 10.00' IPF O 61 Lr)i PLAN VIEW w� 0 30' 60' 1"=30' I LOT B-1 (17 I�: I� I� I� ro 2427-01-3257 IPF IPF N 76'6'37" E 50.00' I © 2010 WATERFRONT CONSULTING, INC. ALL RIGHTS RESERVED. EX. PIER KENNEDY AVENUE (50') (M.B. 7, PG. 14) 14 15 WATERFRONT EXHIBIT A CONSULTING PROPOSED BOAT LIFT INC. FOR GLEN A. AND M. NICOLE WILLIAMS 1112 JENSEN DRIVE, STE. 206 LOT 8-1. RESUB. OF LOTS A & B, BLK. 40, SHADOW LAWN HEIGHTS VIRGINIA BEACH, VA 23451 LYNNHAVEN DISTRCT VIRGINIA BEACH, VA 23451 PH: (757) 425-8244 FAX: (757) 216-6687 (M.B. 302 PG. 99) DATE: SEPTEMBER 10, 2010 �fi • i IN ?s� tti`� w' ,,•�j1� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Grant Funds to the FY 2010-11 Operating Budget of the Fire Department for an Emergency Management Exercise MEETING DATE: May 10, 2011 ■ Background: The City has been awarded $15,000 by the Virginia Department of Emergency Management (VDEM), from the FY 2010 Emergency Management Performance Grant Program. This is a federal grant from the Department of Homeland Security that passes through VDEM. The grant's purpose is to cover costs of a full-scale emergency management exercise of the Virginia Beach Medical Friendly Shelter (MFS) at the Virginia Beach Field House. This exercise will test the City's ability to manage its medical special needs issues and to integrate the MFS into the general population sheltering system. ■ Considerations: There is an in-kind contribution of $15,000 required for this program, which will be covered by existing resources in the FY 2010-11 Operating Budget of the Fire Department. The end of the program period is August 30, 2011, for obligation of funds, and September 30, 2011, to complete expenditures and finalize the close out reporting process. ■ Public Information: Public information will be handled through the normal Council agenda process. ■ Recommendations: Accept and appropriate the funds from VDEM. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Fire Department fe�6� City Manager: <Z �7�)8" 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 GRANT FUNDS TO THE FY 2010-11 OPERATING 3 BUDGET OF THE FIRE DEPARTMENT FOR AN 4 EMERGENCY MANAGEMENT EXERCISE 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 $15,000 is hereby accepted from the United States Department of Homeland 10 Security and appropriated, with estimated federal revenues increased accordingly, to 11 the FY 2010-11 Operating Budget of the Fire Department to cover costs related to a full - 12 scale emergency management exercise of the Virginia Beach Medical Friendly Shelter 13 at the Virginia Beach Field House. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2011. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: j Management Services s ffice CA11854 R-1 April 15, 2011 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate Funds from the Fund Balance of the Inmate Services Fund to the FY 2010-11 Operating Budget of the Sheriff's Office and to Approve 2.4 FTEs for the Sheriff's Office for the Expansion of the Sheriff's Professional Standards Division MEETING DATE: Mav 10, 2011 ■ Background: In an effort to investigate criminal activity inside the facility by the inmate population, the Sheriff desires to expand the Sheriff's Professional Standards Division by the creation of a Special Investigative Unit. The Special Investigative Unit will utilize a part-time staff of investigators to monitor inmate activity, assist the Professional Standard Division with investigations, and pursue legal action when required. ■ Considerations: In order to fund these positions and cover the Sheriff Office's part-time salary cost for the remainder of FY 2010-11, an additional appropriation of funds is required. A transfer of $26,007 in previously appropriated funds was approved in April to temporarily address this need, but total funding required exceeds the City Manager's transfer authority. The Sheriff's Office requests the City Council appropriate funding from the fund balance of the Sheriff's Inmate Services Fund in the amount of $112,000. This increase in the part-time funding will result in an increase of 2.4 FTE (full-time equivalent) positions in the Sheriff Department's FY 2010-11 Operating Budget. ■ Public Information: Public information will be handled through the normal Council Agenda notification process. ■ Recommendations: ■ Attachments: Ordinance Recommended Action: Submitting Department/Agency: Sheriff's Office City Manager: % y , "61� 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 AN ORDINANCE TO APPROPRIATE FUNDS FROM THE FUND BALANCE OF THE INMATE SERVICES FUND TO THE FY 2010-11 OPERATING BUDGET OF THE SHERIFF'S OFFICE AND TO APPROVE 2.4 FTES FOR THE SHERIFF'S OFFICE FOR THE EXPANSION OF THE SHERIFF'S PROFESSIONAL STANDARDS DIVISION BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: 1. $112,000 is hereby appropriated from the Fund Balance of the Inmate Services Fund to the FY 2010-11 Operating Budget of the Sheriff's Office to investigate criminal activity within the facility; and 2. 2.4 full-time equivalent positions are increased within the Sheriff's Office to provide investigative assistance to the Sheriff's Professional Standards Division by the creation of a Special Investigative Unit. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2011. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Management Services y's ffice CA11858 R-1 April 27, 2011 1i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer Funds from the School Board's FY 2010-11 Operating Fund to the School Technology Fund and between Major Classifications of the Operating Fund MEETING DATE: May 10, 2011 ■ Background: At its April 5th meeting, the School Board adopted a resolution requesting that City Council adopt an ordinance transferring appropriations between the School's Operating Fund and the Technology Fund and between major classifications within the Operating Fund. The School Operating Fund (Fund 115) contains four major classifications: Administration, Attendance, and Health; Instruction; Operations and Maintenance; and Pupil Transportation. The School Technology Fund (Fund 106) was formerly part of the School Operating Fund, but it currently is a separate fund in the Budget. Because the requested transfers are between the major classifications, City Council approval is required. ■ Considerations: The School Board's resolution requests a transfer of $5,194,613 from the Instruction Classification to the Technology Fund, a transfer of $871,860 from the Administration Classification to the Technology Fund, $280,500 from the Transportation Classification to the Operations and Maintenance Classification, and $35,010 from the Administration Classification to the Operations and Maintenance Classification. School Board's budget remains balanced, and this transfer does not change the total appropriation to the School Board for FY 2010-11. The School Board intends to use these funds as follows: • $2,914,250 for instructional desktop/laptop computer replacements; • $1,042,104 for bookkeeper system replacement, asset management software, and READ 180 upgrades for elementary schools; • $941,618 for computer related supplies/materials, document cameras, educational CD's, toner, and instructional software; • $650,980 for iPads for instructional use; • $517,521 for projectors, lab computers, school based administrative computers, scanners, promethean board printers, and wireless reading devices; • $315,510 for vehicle replacement. ■ Public Information: Information will be disseminated to the public through the normal Council agenda process. ■ Attachments: School Board Resolution, Ordinance Recommended Action: Submitting Department/Agenb : Virginia Beach City Public Schools City Manager S 1 AN ORDINANCE TO TRANSFER FUNDS FROM THE 2 SCHOOL BOARD'S FY 2010-11 OPERATING FUND TO 3 THE SCHOOL TECHNOLOGY FUND AND BETWEEN 4 MAJOR CLASSIFICATIONS OF THE OPERATING FUND 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 That $6,381,983 is hereby transferred within the FY 2010-11 School Budget in 10 the amounts set forth below: 11 12 1. $5,194,613 from the Instruction Classification of the Operating Fund to the 13 Technology Fund; 14 2. $871,860 from the Administration, Attendance, and Health Classification of the 15 Operating Fund to the Technology Fund; 16 3. $280,500 from the Transportation Classification to the Operations and 17 Maintenance Classification; and 18 4. $35,010 from the Instruction Classification to the Operations and Maintenance 19 Classification. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 12011. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Management Services CA11851 R-2 April 13, 2011 i ffice r 04 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer Funds from the School Board's FY 2010-11 Operating Fund to the School Technology Fund for Computers and Technology Supplies MEETING DATE: Mav 10. 2011 ■ Background: At its April 261h meeting, the School Board adopted a resolution requesting that City Council adopt an ordinance transferring appropriations between the School's Operating Fund and the Technology Fund. The School Operating Fund (Fund 115) contains four major classifications: Administration, Attendance, and Health; Instruction; Operations and Maintenance; and Pupil Transportation. The School Technology Fund (Fund 106) was formerly part of the School Operating Fund, but it currently is a separate fund in the Budget. Because the requested transfers are between the major classifications, City Council approval is required. ■ Considerations: The School Board's resolution requests a transfer of $18,025 from the Instruction Classification to the Technology Fund, a transfer of $44,000 from the Administration Classification to the Technology Fund, and $2,404 from the Operations and Maintenance Classification to the Technology Fund. The School Board's total budget remains balanced, and this transfer will not change total appropriations to the School's for FY 2010-11. The School intends to use the funds for the purchase of computers, monitors, printers, computer supplies, and various other technology related items. ■ Public Information: Information will be disseminated to the public through the normal Council agenda process. ■ Attachments: School Board Resolution, Ordinance Recommended Action: Submitting Department/Agency: Virginia Beach City Public Schools City Manager: �. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 AN ORDINANCE TO TRANSFER FUNDS FROM THE SCHOOL BOARD'S FY 2010-11 OPERATING FUND TO THE SCHOOL TECHNOLOGY FUND FOR COMPUTERS AND TECHNOLOGY SUPPLIES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $64,429 is hereby transferred within the FY 2010-11 School Budget in the amounts set forth below: 1. $18,025 from the Instruction Classification of the Operating Fund to the Technology Fund; 2. $44,000 from the Administration, Attendance, and Health Classification of the Operating Fund to the Technology Fund; and 3. $2,404 from the Operations and Maintenance Classification of the Operating Fund to the Technology Fund. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2011. APPROVED AS TO CONTENT a-� I 1 1� , L2j 1 Management Services CA11861 R-1 April 29, 2011 APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office SCHOOL BOARD Daniel D. Edwards Chairman Distdol 1 - Centerville 1513 Beachview Drive VA Beach, VA 23464 495-3551 (h) • 717-0259 (c) Wiliam J. "Bill" Bruhke, IV Vice -Chairman Distdd 7 - Princess Anne 4099 r-oxwood Drive, Suite 108 Virginia Beach, VA 23462 222-0134 (w) • 286-2772 (c) Todd C. Davidson At Large 1861 Mayberry Ddve VA Beach, VA 23456 4273330 (w) • 285-9409 (c) Emma L "Em" Davis District 5 - Lynnhaven 1125 Michaelwood Dme VA Beach, VA 23452 340$911 (h) Dorothy M. "DoWe" Holz Akerge 1304 Downs Lane VA Beach, VA 23455 460-2440(h) Brent N. Mckenzie District 3 - Rose Hall 1400 Brookwood Place VA Beach, VA 23453 816-2736 (c) Ashley K. McLeod 41_arge 5508 Del Park Avenue VA Beach, VA 23455 552-0348 (h) Samuel G. "Sam" Reid District 6 - Beach 1533 VA Beach Blvd. VA Beach, VA 234x1 284-1067 (c) Patrick S. Salyer At -Large 2233 Creeks Edge Dave VA Beach, VA 23451 620-2141 (c) Sandra Smith -Jones District 2 - Kempsvile 705 Rock Crod Court VA Beach, VA 23462 490-8167 (h) Carolyn D. Weems District 4 - Bayside 1420 Claudia Drive VA Beach, VA 23455 464-6674 (h) SUPERINTENDENT James G. Merrill, Ed.D. 2512 George Meson Ddve VA Beach, VA 23455 263-1007 I RGI NIS► A H E BEACH CITY PUBLIC SCHOOLS A D O F T H E C U R V E RESOLUTION REGARDING FY 2010-11 BUDGET AND REQUEST FOR CATEGORICAUFUND TRANSFERS WHEREAS, the City of Virginia Beach, Virginia's adopted Budget Ordinance for the current fiscal year appropriated funds to the School Board of the City of Virginia Beach, Virginia by major Category; and WHEREAS, The Code of Virginia §22.1-115, as amended, requires that technology related expenditures be made in a separate Fund or Category; and WHEREAS, the Administration has determined that various schools and departments have technology related needs and requirements to purchase computers, monitors, printers, computer supplies, technological services, and various other technology related items and that categorical/fund transfers are necessary to make these purchases; and WHEREAS, the following budget transfers are recommended by the School Administration: •Total of $18,025 from Operating Fund 115 - Instruction to Technology Fund 106 *Total of $44,000 from Operating Fund 115 —Administration to Technology Fund 106 *Total of $2,404 from Operating Fund 115 — Operations and Maintenance to Technology Fund 106; and WHEREAS, transfers between categories/funds must be approved by the City Council prior to expenditure of such funds by the School Board. NOW, THEREFORE, BE IT RESOLVED: That the School Board approves and affirms the above listed recommended uses of these funds; and be it FURTHER RESOLVED: That the School Board requests that the City Council approve the budget categoricallfunds transfers shown above; and be it FINALLY RESOLVED: That a copy of this Resolution be spread across the official minutes of this School Board, and the Clerk of the School Board is directed to deliver a copy of this Resolution to the Mayor, each member of the City Council, the City Manager, and the City Clerk. Adopted by the School Board of the City of Virginia Beach this 26th day of April 2011 SEAL Attest: Dianne P, Alexander, Clerk of the Board School Administration Bu9dkrg • 2512 George Mason Drive • P.O. Box 6038 • Virginia Beach, VA 23456-0038 Daniel D. Edwards, School Boar Chairman CEIFIED TO BEA TRUE ANp OVIHECT Cory A-1 if - Clark, School Board of me C)Ity of Vlrginla Beach CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer Funds from the School Board's FY 2010-11 Operating Fund to the School Technology Fund for Special Education MEETING DATE: May 10, 2011 ■ Background: At its April 26th meeting, the School Board adopted a resolution requesting that City Council adopt an ordinance transferring appropriations between the School's Operating Fund and the Technology Fund. The School Operating Fund (Fund 115) contains four major classifications: Administration, Attendance, and Health; Instruction; Operations and Maintenance; and Pupil Transportation. The School Technology Fund (Fund 106) was formerly part of the School Operating Fund, but it currently is a separate fund in the Budget. Because the requested transfers are between the major classifications, City Council approval is required. ■ Considerations: The School Board's resolution requests a transfer of $2,560,518 from the Instruction Classification to the Technology Fund, a transfer of $100,000 from the Administration Classification to the Technology Fund, and $175,000 from the Transportation Classification to the Technology Fund. The School Board's budget remains balanced, and this transfer will not change total appropriations to the School's for FY 2010-11. The School intends to use the funds for the Special Education program to purchase desktop computers, laptop computers, mini - laptop computers, and various software to support student and program need. ■ Public Information: Information will be disseminated to the public through the normal Council agenda process. ■ Attachments: School Board Resolution, Ordinance Recommended Action: Submitting Department/Agency: Virginia Beach City Public Schools City Manager. j F lq" 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 AN ORDINANCE TO TRANSFER FUNDS FROM THE SCHOOL BOARD'S FY 2010-11 OPERATING FUND TO THE SCHOOL TECHNOLOGY FUND FOR SPECIAL EDUCATION BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $2,835,518 is hereby transferred within the FY 2010-11 School Budget in the amounts set forth below: 1. $2,560,518 from the Instruction Classification of the Operating Fund to the Technology Fund; 2. $100,000 from the Administration, Attendance, and Health Classification of the Operating Fund to the Technology Fund; and 3. $175,000 from the Transportation Classification of the Operating Fund to the Technology Fund. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2011. APPROVED AS TO CONTENT Management ervices CA11862 R-1 April 29, 2011 APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office VIRGINIA BEACH CITY PUBLIC SCHOOLS A H E A D O F T H E C U R V E SCHOOL BOARD Daniel D. Edwards Chalm+an District 1— Cantervilte 1513 Beachview Drive VA Beach, VA 23464 495.3551(h) • 717-0259 (c) Wk7lfam J. "Bill" Brunke, IV Vice -Chairman District 7 — Princess Anne 4099 Foxwood Drive, Skits 108 Virginia Beads, VA 23462 222-0134 (w) • 286-2772 (c) Todd C. Davidson At -Large 1861 Mayberry Drive VA Beach, VA 23456 427-3330 (w) • 285-9409 (c) Emma L. "Em' Davis District 5 — Lynnhaven 1125 Michaekood Drive VA Beach, VA 23452 340-8911(h) Dorothy M. "Dottie" Holtz At4-arge 1304 Downs Lane VA Beach, VA 23456 46D-2440 (h) Brent N. Mckenzie District 3 — Rose Hal 1400 Brookwood Place VA Beach, VA 23453 816-2736(c) Ashley K. McLeod At -Large 5508 Del Park Avenue VA Beach, VA 23455 552-0348 (h) Samuel G. "Sam" Reid District 6 — Beach 1533 VA Beach Blvd. VA Beach, VA 23454 2841067 (c) Patrick S: Salyer At -Large 2233 Creeks Edge Drive VA Beach, VA 23451 620.2141- (c) Sandra Smith -Jones District 2— Kempsville 705 Rock Creek Court VA Beach, VA 23462 490-8167 (h) Carolyn D. Weems District 4—Baysldo 1420 Claudia D;tve VA Beach, VA 23455 4646674 (h) SUPERINTENDENT James G. Merrill, EdD. 2512 George Mason Drive VA Beach, VA 23456 263-1007 RESOLUTION REGARDING FY 2010.11 BUDGET AND REQUEST FOR CATEGORICAUFUND TRANSFERS WHEREAS, the City of Virginia Beach, Virginia's adopted Budget Ordinance for the current fiscal year appropriated funds to the School Board of the City of Virginia Beach, Virginia by major Category; and WHEREAS, The Code of Virginia §22,1-115, as amended, requires that technology related expenditures be made in a separate Fund or Category; and WHEREAS, the Special Education Department has determined the need to purchase required technology in order to meet the Special Education needs of the Special Education Program and specifically to purchase technology related items such as desktop computers, laptop computers, min -laptop computers, various types/kinds of software to support specific program and student needs and that categorical/fund transfers are required to enable those purchases; and WHEREAS, the expenditure of these funds is required for the Schools to meet Federal Maintenance of Efforts requirements; and WHEREAS, the following budget transfers are recommended by the School Administration: *Total of $2,560,518 from Operating Fund 115 - Instruction to Technology Fund 106 *Total of $100,000 from Operating Fund 115 - Admin., Attendance & Health to Technology Fund 106 *Total of $175,000 from Operating Fund 115 —Transportation to Technology Fund 106; and WHEREAS, transfers between categories/funds must be approved by the City Council prior to expenditure of such funds by the School Board. NOW, THEREFORE, BE IT RESOLVED: That the School Board approves and affirms the above listed recommended uses of these funds; and be it FURTHER RESOLVED: That the School Board requests that the City Council approve the budget categorical/funds transfers shown above; and be it FINALLY RESOLVED: That a copy of this Resolution be spread across the official minutes of this School Board, and the Clerk of the School Board is directed to deliver a copy of this Resolution to the Mayor, each member of the City Council, the City Manager, and the City Clerk. Adopted by the School Board of the City of Virginia Beach this 26th day of April 2011 SEAL Attest: Dianne P. Alexander, Clerk of the Board School Administration Building - 2512 George Mason Drive • P.O. Box 6038 • Virginia Beach, VA 23456-0038 Daniel D. Edwards, School Board Chairman CERTIFIED TO BE A TRUE AND CORRECT COPY Clcfi ", 0001®oat 01the City of Vfr lrtla 8040h i r ea tai f:# 91I10a IaC 1. Application of WILDLIFE RESPONSE, INC. (WRI) for a Conditional Use Permit re the development of a wildlife rehabilitation center at 3592 Indian River Road. DISTRICT 7 - PRINCESS ANNE DEFERRED INDEFINITELY MARCH 22, 2011 PLANNING COMMISSION RECOMMENDATION APPROVAL STAFF RECOMMENDATION INDEFINITE DEFERRAL 2. Application of GREAT NECK BAPTIST CHURCH for a Conditional Use Permit re a preschool with a "Before and After -School" program" at 1020 General Jackson Drive. DISTRICT 5 - LYNN14AVEN RECOMMENDATION APPROVAL 3. Application of DARSHAK PATEL (KAVERI, LLC)/MABEL BROCK for a Modification of a Conditional Use Permit re a gas station and convenience store (approved by City Council January 21, 1985) and ADD a Greyhound passenger transportation terminal on-site at 971 Virginia Beach Boulevard. DISTRICT 6 — BEACH DEFERRED APRIL 12, 2011 RECOMMENDATION APPROVAL 4. Application of GREYHOUND LINES, INC. for a Conditional Use Permit re a passenger transportation terminal at 971 Virginia Beach Boulevard. DISTRICT 6 - BEACH DEFERRED APRIL 12, 2011 RECOMMENDATION APPROVAL 5. Applications of 7 -ELEVEN, INC./COURTHOUSE MARKETPLACE OUTPARCELS, LLC at 2448 Nimmo Parkway re a retail center. DISTRICT 7 - PRINCESS ANNE a. Modification of Conditional Change of Zoning re the Wawa site b. Conditional Use Permit re convenience store, strip retail center and gasoline pumps DEFERRED APRIL 12, 2011 DEFERRED MARCH 22, 2011 RECOMMENDATION APPROVAL 6. Ordinances to AMEND the City Zoning Ordinance (CZO): a. Portions of Sections 104, 203 and 205 re commercial and recreational vehicles b. Section 108 re posting of signs relating to certain rezoning, etc., applications C. Sections 239.05, 901 and 1810 re the Comprehensive Plan RECOMMENDATION APPROVAL 7. Resolution to REFER to the Planning Commission an Ordinance to AMEND Sections 502 and 602 of the City Zoning Ordinance (CZO) re setback requirements for certain accessory structures RECOMMENDATION APPROVAL NOTICE OF PUBLIC HEARING The regular meeting of the City Council of the City of Virginia Beach will be held in the Council Chamber of the City Hall Building, Municipal Center, Virginia Beach, Virginia, on Tuesday, May 10, 2011 at 6:00 p.m., at which time the following applications will be heard: BEACH DISTRICT Darshak Patel (Kaveri, LLC)/Mabel Brock Application: Modification of a Conditional Use Permit at 971 Virginia Beach Boulevard (GPIN 2417659737). Greyhound Lines, Inc. Application: Conditional Use Permit for a passenger transportation terminal at 971 Virginia Beach Boulevard (GPIN 2417659737). LYNNHAVEN DISTRICT Great Neck Baptist Church Application: Conditional Use Permit for a preschool at 1020 General Jackson Drive (GPIN 2408030944). CITY OF VIRGINIA BEACH Ordinance to amend portions of Sections 104, 203, and 205 of the City Zoning Ordinance pertaining to commercial and recreational vehicles. Ordinance to amend Sections 239.05, 901,1810 of the City Zoning Ordinance pertaining to the Comprehensive Plan. Ordinance to amend Section 108 of the City Zoning Ordinance pertaining to the Posting of Signs relating to certain rezoning, etc. applications. PRINCESS ANNE DISTRICT 7 -Eleven, Inc./Courthouse Marketplace Outparcels, LLC Application: Modification of Conditional Change of Zoning at 2448 Nimmo Parkway (GPIN 1494637921;1494638788).. 7 -Eleven, Inc./Courthouse Marketplace Outparcels, LLC, Application: Modification of a Conditional Use Permit for fuel sales with convenience store at 2448 Nimmo Parkway (GPIN 1494637921; 1494638788). 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 htti)://www.vt)gov,cotii/r)c For information call 385-4621. If you are physically disabled or visually Impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385- 4303. BEACON: APR 24 & MAY 1, 2011 22399526 AA SII CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: WILDLIFE RESPONSE, INC., Conditional Use Permit, wildlife rehabilitation center, 3592 Indian River Road (GPIN 1483386300). PRINCESS ANNE DISTRICT. MEETING DATE: May 10, 2011 ■ Background: The applicant, Wildlife Response, Inc. ("WRI"), requests a Conditional Use Permit to allow development of the site for a wildlife rehabilitation center. The applicant was incorporated in 1992 as the area's first wildlife rehabilitation organization. Over the years, WRI has utilized home-based wildlife rehabilitators through a dedicated 24-hour, 7 day per week hotline that receives over 11,000 calls a year from concerned citizens with questions about wildlife care or found animals. This service decreases the number of wildlife calls the area's animal control agencies have to respond to. The proposed Wildlife Response & Rehabilitation Center ("the Center") will be a central location where local citizens, animal control officials and other agencies can drop off wildlife; as well as provide a redistribution center for animals where they can be triaged, then sent to permitted home-based wildlife rehabilitators. This facility will provide state of the art veterinary care, and a safe recuperation site for wildlife brought there. WRI will also provide security for the Center by having a caretaker onsite, thus maintaining the property's integrity and minimizing the risk of vandalism and trespassing. Most recuperated wildlife will be released offsite in appropriate habitat. Release criteria depends on variables such as weather, time of year, species of animal, age of animal or number of animals. The Center will also launch an expanded educational platform for WRI that will be used to cultivate an understanding of our immediate environment and the wildlife that we cohabitate with. This portion of WRI's mission will be fulfilled with onsite and offsite programs which may include "wild ambassadors" (animals unable to be returned to the wild but can help spread the message of wildlife conservation). This proposal is master planned for three phases. The first phase would renovate the existing structure for use as a caretaker / director residence and construct rehabilitation enclosures to house recuperating wildlife. The plan insures that a majority of the current wooded area would remain in a natural state. The second phase proposes a medical treatment center, additional, rehabilitation enclosures, Wildlife Rehabilitation Center Page 2of3 solar /water collection platforms and a workshop facility for onsite maintenance. The final phase would be for an administration / education facility and trail system. The operation of the site varies with the seasons. During the winter months, staff may be limited to one or two staff /volunteers, while during the busy season there may be up to a half dozen staff/volunteers on site at any given time to take care of patients. Suggested hours of operation could be as follows: September 1St through March 31St the hours will be from 10:00 a.m. to 6:00 p.m. and from April 1 St to August 31 St hours of operation may from 8:00 a.m. to 8:00 p.m. ■ Considerations: This proposal protects and integrates the site's natural resources, while achieving over 50% of the developable area's existing natural resources for open space and internal green space. The goals and policies of the Comprehensive Plan, the ITA Plan and the Transition Area Design Guidelines are reflected in the proposed development, and implements a vision set forth in the ITA and Vicinity Master Plan. Therefore, staff recommends approval of this request with the following conditions. 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: The site shall be developed substantially in accordance with the submitted "Conceptual Site Layout for Wildlife Response & Rehabilitation Center", Page 1 of 2 not dated and prepared by Aatlantia Design Group, Inc. and "Enlarged Conceptual Site Layout for Wildlife Response & Rehabilitation Center", Page 2 of 2 not dated, prepared by Aatlantia Design Group, Inc.. Said plans have been exhibited to the Virginia Beach City Council and are on file in the Planning Department. 2. The proposed caretaker house will be renovated substantially in accordance with the submitted "Alterations and Renovations to Wildlife Response - Caretaker House Sheet AE201, dated March 12, 2010. Signage depicted on the elevations is not approved. A separate sign package shall be submitted to the Current Planning Division for review and approval. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. Wildlife Rehabilitation Center Page 3of3 3. The design and construction of all pathways (both private &public) and animal enclosures in all phases will need to be coordinated with Virginia Beach Parks and Recreation Planning Design and Development. 4. A tree removal /tree protection plan must be prepared by an ISA Certified Arborist or an ASCA Registered Consulting Arborist and submitted to the City Arborist for review and approval prior to any tree removal for pathways, animal enclosures, structures, parking, etc. 5. Individual diseased or dying trees can be removed only after consultation with City Arborist. ■ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff report recommended approval. Planning Commission recommended approval. Since the staff report and Planning Commission Hearing there has been interest by other entities for a competitive process (RFP) for the use of this City -owned property. City staff now recommends an indefinite deferral of this request in order for staff to prepare an RFP and subsequently have City Council formulate a decision based on the merits of competing applications. Submitting Department/Agency: Planning Department City Manager: �� �� •z«�rro wrn cwwden�sren.o 3592 Indian RIMY Rd. ® RA REQUEST: Conditional Use Permit (Wildlife Rehabilitation Center) ADDRESS / DESCRIPTION: 3592 Indian River Road 12 February 9, 2011 Public Hearing APPLICANT: WILDLIFE RESPONSE, INC. PROPERTY OWNER: CITY OF VIRGINIA BEACH STAFF PLANNER: Karen Prochilo GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14833863000000 PRINCESS ANNE 50.4 acres 70 dB - 75 dB DNL SUMMARY OF REQUEST The applicant, Wildlife Response, Inc. ("WRI"), requests a Conditional Use Permit to allow development of the site for a wildlife rehabilitation center. The applicant was incorporated in 1992 as the area's first wildlife rehabilitation organization. Over the years, WRI has utilized home-based wildlife rehabilitators through a dedicated 24-hour, 7 day per week hotline that receives over 11,000 calls a year from concerned citizens with questions about wildlife care or found animals. This service decreases the number of wildlife calls the area's animal control agencies have to respond to. However, with over 1.5 million people calling this region home, WRI has been hard pressed to keep up with the increasing number of wildlife that come into care each year. Provision of this proposed wildlife rehabilitation center will help already over -tasked agencies run more efficiently as well as reduce the number of private animal shelters to take in wild animals that should not be in companion domestic animal facilities By combining the existing volunteer hotline and rehabilitation services with this proposed facility, WRI plans to expand its existing services into a more full-service organization dedicated solely to wildlife care. WILDLIFE REHABILITATION CENTER Agenda Item 12 Page 1 The proposed Wildlife Response & Rehabilitation Center ("the Center") will be a central location where local citizens, animal control officials and other agencies can drop off wildlife; as well as provide a redistribution center for animals where they can be triaged, then sent to permitted home-based wildlife rehabilitators. This facility will provide state of the art veterinary care, and a safe recuperation site for wildlife brought there. WRI will also provide security for the Center by having a caretaker onsite, thus maintaining the property's integrity and minimizing the risk of vandalism and trespassing. Most recuperated wildlife will be released offsite in appropriate habitat. Release criteria depends on variables such as weather, time of year, species of animal, age of animal or number of animals. The Center will also launch an expanded educational platform for WRI that will be used to cultivate an understanding of our immediate environment and the wildlife that we cohabitate with. This portion of WRI's mission will be fulfilled with onsite and offsite programs which may include "wild ambassadors" (animals unable to be returned to the wild but can help spread the message of wildlife conservation). This proposal is master planned for three phases. The first phase would renovate the existing structure for use as a caretaker / director residence and construct rehabilitation enclosures to house recuperating wildlife. The plan insures that a majority of the current wooded area would remain in a natural state. The second phase proposes a medical treatment center, additional, rehabilitation enclosures, solar /water collection platforms and a workshop facility for onsite maintenance. The final phase would be for an administration / education facility and trail system. The operation of the site varies with the seasons. During the winter months, staff may be limited to one or two staff /volunteers, while during the busy season there may be up to a half dozen staff/volunteers on site at any given time to take care of patients. Suggested hours of operation could be as follows: September 1st through March 31st the hours will be from 10:00 a.m. to 6:00 p.m. and from April 1st to August 315t hours of operation may from 8:00 a.m. to 8:00 p.m. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Primarily undeveloped with a single family dwelling on the site SURROUNDING LAND North: . Rural residential / AG-1/AG-2 Agricultural Districts USE AND ZONING: . Church and private school / AG-1/AG-2 Agricultural Districts South: . Indian River Road • Rural residential / AG-1/Ag-2 Agricultural Districts East: . Undeveloped land / AG-1/Ag-2 Agricultural Districts West: . Rural residential / AG-1/Ag-2 Agricultural Districts NATURAL RESOURCE AND The majority of the site is undeveloped and heavily wooded with mature CULTURAL FEATURES: trees and vegetation. Wetlands and Southern Watershed Management Areas exist on the western side of the site. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area as being within the South Princess Anne Commons, a subarea of Princess Anne Commons. South Princess Anne Commons lies within the Interfacility Traffic Area (ITA) between NAS Oceana and NALF Fentress, a designation that reduces by -right residential density, yet overall still offers a unique opportunity for education, entertainment, recreation, habitat preservation, by - right rural residential and agricultural and related activities. It is not the intent of this Plan for this area to WILDLIFE REHABILITATION CENTER Agenda Item 12 Page 2 become part of the urban area north of the Green Line. Instead, the general goals are for creation of quality development, provide for a planned mix of public and private uses, provide exceptional open spaces, and to design with nature. (p. 4-1) The Comprehensive Plan recommends that South Princess Anne Commons be preserved and enhanced as needed to protect its major natural area located along the North Land River. Development proposals should adhere to the planning and design principles cited in the'Transition Area Design Guidelines,' and strive to achieve 50% open space including berms, trees, buffers and trails to create safe, accessible and attractive roadway corridors and internal green space. Site plans should respect and showcase the site's valued natural resources incorporating a well planned system of multipurpose trails, greenways and other linkages, especially with regard to the Stumpy Lake -Back Bay Greenway, to implement the strategic goals of the Outdoors Plan. Furthermore, all development proposals should conform to the provisions of the Oceana land Use Conformity program and AICUZ provisions as well as employ energy efficient systems, preferably equivalent to or higher than the standards set for the Leadership in Energy and Environmental Design (LEEDTM) 'Certified' rating. (p. 4-1 through 4-10) There are areas within Princess Anne Commons that deserve special attention and specific goals and policies. One such area is the ITA. The ITA was created in 2005 to address land use compatibility issues associated with frequent overflights of military jets in this part of the City that are impacted by noise zones at or greater than 65DNL. Planning policies affecting the ITA have been carefully written to achieve compliance with provisions of the City's adopted Oceana Land Use conformity program. (p. 4-10) These planning policies include the Interfacility Traffic Area (ITA) and Vicinity Master Plan that will serve as a master plan for Princess Anne Commons adopted by City Council on January 25, 2011. In this master plan, the site of the proposed use is designated as a wildlife rehabilitation center. (p. 22) CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): The site is located on the north side of Indian River Road approximately three quarters of a mile west of North Landing Road. Indian River Road is a two lane minor suburban arterial classified as a Princess Anne Commons/Transition Area Parkway and an Access Controlled Road in the 2009 Master Transportation Plan, with a 150' right-of-way specified therein. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Indian River Road 5,450 ADT 13,600 ADT (Level of Existing Land Use - Service "C") - capacity 10 ADT Proposed Land Use 3-- 60 ADT Average Daily Trips as defined by 1 single family dwelling a as defined by I SF dwelling, 2,400 SF administration center & 4,500 SF rehabilitation center STORMWATER MANANGEMENT: Phase 2 and 3 improvements will need to address stormwater quality regulations. WATER: There is no City water available to this site. Water analysis, construction plans and bonds are required for the water system. Health Department approval is required for a private well. WILDLIFE REHABILITATION CENTER Agenda Item 12 Page 3 SEWER: There is no City water available to this site. Sewer analysis, pump station calculations, construction plans and bonds are required for the sewer system. Health Department approval is required for a septic system. FIRE DEPARTMENT: Uniform Statewide Fire Prevention Code: Section 508.1 Required water supply. An approved water supply capable of supplying the required fire flow for fire protection shall be provided to premises upon which facilities, buildings or portions of buildings are hereafter constructed or moved into with the jurisdiction. The ate supply shall consist of reservoirs, pressure tanks, elevated tanks, water mains or other approved fixed systems capable of providing the required fire flow to a fire hydrant. It is recommended that an automatic fire detection system be installed in this facility. PARKS AND RECREATION: The design and construction of all pathways and animal enclosures in all phases will need to be coordinated with Parks and Recreation Planning Design and Development. A tree removal /tree protection plan must be prepared by an ISA Certified Arborist or an ASCA Registered Consulting Arborist and submitted to the City Arborist for review and approval prior to any tree removal for pathways, animal enclosures, structures, parking, etc. Individual diseased or dying trees can be removed only after consultation with City Arborist. The applicant acknowledges that any trail or public path system on this property will need to be coordinated with Parks and Recreation. POLICE DEPARTMENT: With future phases, the installation of closed circuit TV should be considered. EVALUATION AND RECOMMENDATION This proposal protects and integrates the site's natural resources, while achieving over 50% of the developable area's existing natural resources for open space and internal green space. The goals and policies of the Comprehensive Plan, the ITA Plan and the Transition Area Design Guidelines are reflected in the proposed development, and implements a vision set forth in the ITA and Vicinity Master Plan. Therefore, staff recommends approval of this request with the following conditions. CONDITIONS 1. The site shall be developed substantially in accordance with the submitted "Conceptual Site Layout far Wildlife Response & Rehabilitation Center", Page 1 of 2 not dated and prepared by Aatlantia Design Group, Inc. and "Enlarged Conceptual Site Layout for Wildlife Response & Rehabilitation Center", Page 2 of 2 not dated, prepared by Aatlantia Design Group, Inc.. Said plans have been exhibited to the Virginia Beach City Council and are on file in the Planning Department. 2. The proposed caretaker house will be renovated substantially in accordance with the submitted "Alterations and Renovations to Wildlife Response - Caretaker House Sheet AE201, dated March 12, 2010. Signage depicted on the elevations is not approved. A separate sign package shall be submitted to the Current Planning Division for review and approval. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. The design and construction of all pathways (both private &public) and animal enclosures tri allphases WILDLIFE REHABILITATION CEN.'ER Agenda Item, 12 Page 4 will need to be coordinated with Virginia Beach Parks and Recreation Planning Design and Development. 4. A tree removal /tree protection plan must be prepared by an ISA Certified Arborist or an ASCA Registered Consulting Arborist and submitted to the City Arborist for review and approval prior to any tree removal for pathways, animal enclosures, structures, parking, etc. 5. Individual diseased or dying trees can be removed only after consultation with City Arborist. 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. WILDLIFE REHABILITATION CENTER Agenda Item 12 Page 5 PROPOSED SITE PLAN WILDLIFE REHABILITATION CENTER Agenda Item 12 Page 7 253'- 2 1 /2' & Ix 8 LL ow U. I— -!t — is Z W 0 lu z 0 Z uj 0 0 X 8-6 0 LU rr 0 5 z Z 0 Lu IL W E2 W. U, 0 PROPOSED ENLARGED SITE PLAN WILDLIFE REHABILITATION CENTER Agenda Item 12 Page 8 %N' RENDERING OF CARETAKER'S BUILDING WILDLIFE REHABILITATION CENTER Agenda Item 12 Page 10 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) (see attached) 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) NONE ❑ 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 Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes X No If yes, what is the name of the official or employee and the nature of their interest? Conditionat Use Permit Apptica6on Page 9 of 10 Revised 7/312007 WILDLIFE REHABILITATION CENTER Agenda Item 12 Page 12 W cn N U DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) Aall-pli7 Design, Wachovia Rank, others TBD ' "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. I 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. LISA _Cj4 teLo W Print Name S JAES ; S�PoRE Print Name Conditional Use Permit Application Page 10 of 10 Revised 7/3/2007 VVILULIrt KtZMAIJILI I H t MAN UtZIN I tK Agenda Item 12 Page 13 Item #12 Wildlife Response, Inc. Conditional Use Permit 3592 Indian River Road District 7 Princess Anne February 9, 2011 CONSENT An application of Wildlife Response, Inc. for a Conditional Use Permit (Wildlife Rehabilitation Center) on property located at 3592 Indian River Road, District 7, Princess Anne. GPIN: 1483-38-6300-0000. CONDITIONS 1. The site shall be developed substantially in accordance with the submitted "Conceptual Site Layout for Wildlife Response & Rehabilitation Center", Page 1 of 2 not dated and prepared by Aatlantia Design Group, Inc. and "Enlarged Conceptual Site Layout for Wildlife Response & Rehabilitation Center", Page 2 of 2 not dated, prepared by Aatlantia Design Group, Inc.. Said plans have been exhibited to the Virginia Beach City Council and are on file in the Planning Department. 2. The proposed caretaker house will be renovated substantially in accordance with the submitted "Alterations and Renovations to Wildlife Response - Caretaker House Sheet AE201, dated March 12, 2010. Signage depicted on the elevations is not approved. A separate sign package shall be submitted to the Current Planning Division for review and approval. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 3. The design and construction of all pathways (both private &public) and animal enclosures in all phases will need to be coordinated with Virginia Beach Parks and Recreation Planning Design and Development. 4. A tree removal /tree protection plan must be prepared by an ISA Certified Arborist or an ASCA Registered Consulting Arborist and submitted to the City Arborist for review and approval prior to any tree removal for pathways, animal enclosures, structures, parking, etc. 5. Individual diseased or dying trees can be removed only after consultation with City Arborist. 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. AYE11 NAY 0 ABS 0 ABSENT 0 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE Item #12 Wildlife Response, Inc. Page 2 HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE THORNTON AYE By a vote of 11-0, the Board approved item 12 for consent. Lisa Barlow, the applicant, appeared before the Board. i• kdiii tem w M='AM rr: ,'`' W ACS o � CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: GREAT NECK BAPTIST CHURCH, Conditional Use Permit, preschool, 1020 General Jackson Drive (GPIN 2408030944). LYNNHAVEN DISTRICT. MEETING DATE: Mav 10.2011 ■ Background: The applicant requests a Conditional Use Permit to allow a pre-school with a before and after-school program to be housed within the existing church facility. The hours of operation for all education and childcare programs are from 7:00 a.m. to 6:00 p.m. The preschool offers a three or five day program from 8:45 a.m. to 12:15 p.m. and it is envisioned that 48 pre-school children and 40 before/after-school students will attend this facility. There are 122 parking spaces on-site and three recreational areas for the students including an 8,000 square foot gym area, a 2,400 square foot outdoor playground for three-year olds and up, and a 450 square foot courtyard for children under three -years of age. No modifications to the exterior of the building are proposed. ■ Considerations: The proposed request to add preschool services in the existing church facility does not negatively affect the site or the surrounding residential community. Preschools are an important neighborhood support use and are often well -paired with churches due to their opposite hours of operation. The existing site design has good traffic circulation and ample parking to accommodate the additional use. In addition, there is an existing landscape buffer along the eastern property line that screens the proposed use from the adjacent residential community. Staff finds the proposal for a preschool in a church facility to be consistent with the land use policies of the Comprehensive Plan and recommends approval of this request. There was no opposition to the request. ■ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request to the City Council. ■ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. PI nning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager:<:::z 5 k 5 LYNNHAVEN .al 'S r■�3L■ _ ■ ■ �1 ■ 'aril ■wl�'�`- c. � n .:;:,I A - rrir�NN4r�y� ■ 7 _ (Q�� REQUEST: Conditional Use Permit for Preschool in a Church Facility ADDRESS / DESCRIPTION: 1020 General Jackson Drive 1 April 13, 2011 Public Hearing APPLICANT / PROPERTY OWNER: GREAT NECK BAPTIST CHURCH, INC. STAFF PLANNER: Leslie Bonilla GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 24080309440000 LYNNHAVEN 4.6 acres 65 to 70 dB DNL Sub -area 3 SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to allow a pre-school with a before and after-school program to be housed within the existing church facility. The hours of operation for all education and childcare programs are from 7:00 a.m. to 6:00 p.m. The preschool offers a three or five day program from 8:45 a.m. to 12:15 p.m. and it is envisioned that 48 pre-school children and 40 before/after-school students will attend this facility. There are 122 parking spaces on-site and three recreational areas for the students including an 8,000 square foot gym area, a 2,400 square foot outdoor playground for three-year olds and up, and a 450 square foot courtyard for children under three -years of age. No modifications to the exterior of the building are proposed. GREAT NECK BAPTIST CHURCH, INC. Agenda Item 1 Page 1 LAND USE AND PLAN INFORMATION EXISTING LAND USE: Church facility with associated parking SURROUNDING LAND North: . Rose Hall Drive USE AND ZONING: • Across Rose Hall Drive are single-family homes / R-20 Residential District South: . Single-family homes / R-20 Residential District East: . Single-family homes / R-20 Residential District West: . General Jackson Drive • Across General Jackson Drive is Trantwood Elementary School / R-20 Residential District NATURAL RESOURCE AND There are no known significant natural resources or cultural features CULTURAL FEATURES: associated with this site. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area of the City as a Suburban Area. The overriding objective of the Suburban Area policies is to protect the predominantly suburban character defined by the stable neighborhoods of our community. The goal of preserving neighborhood quality requires all new development proposals to either maintain or enhance the existing neighborhood through compatibility with surroundings and effective buffering between adjoining residential and non-residential uses. All new uses are to be compatible in type, size, and intensity to the existing area (pp. 3-1,2). CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIPI: This site is located in the northeast quadrant of the un -signalized intersection of Inlynnview Road and General Jackson Drive. There are two entrances to General Jackson Drive and no entrance on Inlynnview Road. Inlynnview Road is a two-lane collector and General Jackson Drive is a two-lane local street. Neither of these roadways are mentioned within the Master Transportation Plan and there are no CIP projects on roadway. TRAFFIC: Present Street Name Volume Present Capacity Generated Traffic Inlynnview Road 3,200 KD—T-T 9,900 ADT (Level of Existing Land Use – 2719 Service "D") Weekday ADT General Jackson Unknown Proposed Land Use 3– 672 Drive Weekday ADT Average Daily Trips s as defined by A 30,600 square foot church Sas defined by 88 students, AM peak hour based on 48 students, PM peak hour based on 40 students WATER & SEWER: This site currently connects to City water and sanitary. GREAT NECK BAPTIST CHURCH, INC. Agenda Item 1 Page 2 EVALUATION AND RECOMMENDATION The proposed request to add preschool services in the existing church facility does not negatively affect the site or the surrounding residential community. Preschools are an important neighborhood support use and are often well -paired with churches due to their opposite hours of operation. The existing site design has good traffic circulation and ample parking to accommodate the additional use. In addition, there is an existing landscape buffer along the eastern property line that screens the proposed use from the adjacent residential community. Staff, therefore, finds the proposed for a preschool in a church facility to be consistent with the land use policies of the Comprehensive Plan and recommends approval of this request. NOTE. 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. GREAT NECK BAPTIST CHURCH, INC. Agenda Item 1 Page 3 Ll'a7'..'d or ---f "I z liq 7 t; Gyr:§r tpa:.y. e�a9 p�lY Vii: (KAl TNN 3SOa PROPOSED SITE PLAN GREAT NECK BAPTIST CHURCH, INC. Agenda Item 1 Page 5 -; --u7T 1 ?l U-1 TTT 7 I_LL11 1 1 OPI o- _7 , x 111 1 /fir .•y �I r - � 1 — _. I i1 1 F (N✓L ,OB) OVON M3NNNAlNI PROPOSED SITE PLAN GREAT NECK BAPTIST CHURCH, INC. Agenda Item 1 Page 5 PHOTOGRAPHS OF EXISTING BUILDING GREAT NECK BAPTIST CHURCH, INC. Agenda Item 1 Page 6 # DATE REQUEST APPLICANT ACTION 1 09/23/2003 Use Permit (religious facility) Great Neck Baptist Church Approved 03/14/1995 Use Permit (religious facility) Great Neck Baptist Church Approved 05/13/1968 Use Permit Spurgeon Memorial Church Approved 07/05/1966 Use Permit Spurgeon Memorial Church Approved ZONING HISTORY GREAT NECK BAPTIST CHURCH, INC. Agenda Item 1 Page 7 DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) rt-#- 1.lEc-k T5 i --,'s 4- rlr++0..h 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) NA ❑ 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) S,�Mt 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) Nh ❑ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. $ ` See next page for footnotes _Q W cr►� Does an official or employee of the City of Virginia Beach have an interest in the �t subject land? Yes No If yes, what is the name of the official or employee and the nature of their interest? Conditional Use Permit Application O Page 8 of Revised 3It 11 1108 DISCLOSURE STATEMENT GREAT NECK BAPTIST CHURCH, INC. Agenda Item 1 Page 8 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) ' "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 (1) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Govemment 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, pl' is na Print Name PhNwty OwheKs Signature (if different than applicant) Print Name conditional Use Pennd Application Page 10 of 10 Revised 7/3/2007 DISCLOSURE STATEMENT GREAT NECK BAPTIST CHURCH, INC. Agenda Item 1 Page 9 Great Neck Baptist Church 1020 General Jackson Drive Virginia Beach, VA 23454 The officers for Great Neck Baptist Church, Inc. are as listed below. Charles Pallett, President Foster Matter, Vice -President Vickie Dickson, Secretary Beth Fogelgren Financial Secretary 4$1-1573 February 21, 2011 DISCLOSURE STATEMENT GREAT NECK BAPTIST CHURCH, INC. Agenda Item 1 Page 10 Item #1 Great Neck Baptist Church Conditional Use Permit 1020 General Jackson Drive District 5 Lynnhaven April 13, 2011 CONSENT An application of Great Neck Baptist Church for a Conditional Use Permit for preschool in a church facility on property located at 1020 General Jackson Drive, District 5, Lynnhaven . GPIN: 2408-03-0944- 0000. NOTE: 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. AYE 10 NAY 0 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE THORNTO AYE ABS 0 ABSENT 1 By a vote of 10-0, the Board approved item 1 for consent. There was no representative. There was no opposition. ABSENT El 5 o .� csi x � rL CT I L, -A NU !E CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: DARSHAK PATEL (KAVERI, LLC)/MABEL BROCK, Modification of a Conditional Use Permit, 971 Virginia Beach Boulevard (GPIN 2417659737). BEACH DISTRICT. MEETING DATE: May 10, 2011 ■ Background: The applicant is requesting a modification to the Conditional Use Permit for a gasoline station and convenience store approved by the City Council on January 21, 1985 in order to add 876 square feet of floor area to the existing convenience store. The approved Conditional Use Permit has the one following condition: The applicant has voluntarily agreed to provide public restrooms. The applicant is proposing an addition of 30.2 feet by 29 feet on the western side of the building adjacent to Seabridge Road. The proposed addition is situated 35 feet from the western property line and 3.1 feet from the southern property line. The Planning Department's policy requires a modification to a conditional use permit if proposed construction, additions, and or alterations are not in keeping with the approved conditional use permit, thus the reason for the request. This request was previously deferred from the April 12, 2011 City Council Hearing due to inadequate posting of signs. ■ Considerations: The site was developed in 1985, prior to the landscaping ordinances and the Resort Area Strategic Action Plan. While the request is not consistent with the Comprehensive Plan recommendations for this area, it is an acceptable interim use for the area pending the redevelopment of the corridor. The applicant, in conjunction with Greyhound Lines, Inc., is also requesting approval for a Conditional Use Permit for a passenger transportation terminal, a bus stop, on the site. Several of the conditions listed below are also recommended for the approval of that request. Staff recommends approval of this requested modification, as conditioned below. There was no opposition to the request. Darshak Patel (Kaveri, LLC) Page 2of3 ■ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request to the City Council with the following conditions: The condition attached to the Conditional Use Permit granted by the City Council on January 21, 1985 remains in effect. 2. The proposed addition shall be located substantially in accordance with the submitted physical survey plan of the site prepared by Beck Associates pc. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 3. The driveway / curb cut, on Virginia Beach Boulevard, located near the intersection of Virginia Beach Boulevard and Seabridge Road shall be closed. Landscaping, in accordance with the Site Plan Ordinance Section 5A, shall be installed along the Virginia Beach Boulevard and Seabridge Road frontages, except for the necessary access points. 4. Pedestrian walkway(s) to the convenience store shall be provided from any required sidewalks in the public rights of way in accordance with Section 246(d) of the zoning ordinance. 5. No outdoor vending machines and / or display of merchandise shall be allowed on the site. 6. Foundation landscaping shall be installed along all the building walls. The planting bed shall be a minimum of 3 feet in width and shall contain low growing evergreen shrubs. 7. The dumpster shall be screened and landscaped in accordance with the Site Plan Ordinance, Section 5A. 8. The applicant / owner shall provide a photometric plan for review / approval by the Virginia Beach Department of Planning or appropriate City staff. All lighting on the site will be consistent with the standards published by the Illumination Engineering Society of North America. The spot lights located along the front of the building shall be adjusted, if used, so as not to shine directly on the adjacent rights of ways. Lighting shall be directed/deflected down at the ground, and not out horizontally or up in the air. 9. The entire building shall be painted an earth tone color. Darshak Patel (Kaveri, LLC) Page 3 of 3 10. The non -conforming free-standing sign shall be modified to conform to the current requirements of the City Zoning Ordinance or shall be removed and may be replaced with a conforming sign within three months of City Council approval. 11. The only signs allowed on the site shall be those permitted in the City Zoning Ordinance, Article 9 Section 905 (b). There shall be no signage in or on the doors and windows of the building that exceeds 10% of the total areas doors and windows. There shall be no signs, pennants, banners, and or flag -type signs attached to any poles and or displayed on the site. This shall be accomplished within one week of City Council approval. 12. The seating area located on the east side of the front of the store shall be removed within one week of City Council approval. ■ 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: cat BEACH - lc t Darshak Patel (Kaveri L.L.C.) RT3 > 75 RT3' i �- Al2 Ate 62 82 U11� 70 , / F APZ A18 •z.mm�.s c.wn,nuv .�« Modilkat/on o/ Conditions fpv. nr. 5 March 9, 2011 Public Hearing APPLICANT: DARSHAK PATEL (KAVERILLC) PROPERTY OWNER: MABEL BROCK STAFF PLANNER: Faith Christie REQUEST: Modification of a Conditional Use Permit for a gasoline service station in conjunction with a convenience store, approved by the City Council on January 21, 1985 ADDRESS / DESCRIPTION: 971 Virginia Beach Boulevard GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 24176597370000 BEACH 28,567 square feet Majority is within the greater than 75 dB DNL Eastern portion of the property is within the 70 — 75 dB Ldn SUMMARY OF REQUEST The applicant is requesting a modification to the Conditional Use Permit for a gasoline station and convenience store approved by the City Council on January 21, 1985 in order to add 876 square feet of floor area to the existing convenience store. The applicant is proposing an addition of 30.2 feet by 29 feet on the western side of the building adjacent to Seabridge Road. The proposed addition is situated 35 feet from the western property line and 3.1 feet from the southern property line. The submitted plan depicts the existing convenience store, the addition, the existing canopy, the stormwater management basin, and the parking. The submitted elevation depicts the addition as matching the existing building in finishes and colors. DARHAK PATEL (KAVERI LLC) Agenda Item 5 Page 1 The Conditional Use Permit permitting a gasoline service station in conjunction with a convenience store was approved by the City Council on January 21, 1985. The Conditional Use Permit has one condition: The applicant has voluntarily agreed to provide public restrooms. The Planning Department's policy requires a modification to a conditional use permit if proposed construction, additions, and or alterations are not in keeping with the approved conditional use permit, thus the reason for the request. LAND USE AND PLAN INFORMATION EXISTING LAND USE: Convenience store and gasoline pumps SURROUNDING LAND North: . Virginia Beach Boulevard USE AND ZONING: . Across Virginia Beach Boulevard is parking for the Convention Center / RT -3 Resort Tourist South: . Undeveloped lot / B-2 Business • Seabridge Square townhomes / A-12 Apartment East: . Bulk Storage / Conditional B-2 Business West: . Seabridge Road • Across Seabridge Road is a retail strip center / B-2 Business NATURAL RESOURCE AND There are no natural resources or cultural features associated with this CULTURAL FEATURES: site. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area of the City as Strategic Growth Area 8: Resort Area. The Resort Area is recognized as an area appropriate for a variety of complementary non-residential and high density residential uses that enhance economic and cultural quality of life. Revitalization efforts are needed to transform the Resort Area into a major activity center, strengthen neighborhoods and increase economic growth (p. 2-28). The Resort Area Strategic Action Plan (RASAP), adopted as part of the Comprehensive Plan, further identifies;, this area as the 19th Street/Central Beach District. The Central Beach District is envisioned as a pedestrian - scale, mixed-use entertainment district that connects recent investments at the Convention Center with the heart of the beach. The Plan also speaks of this District as benefiting from connecting with the future investment of mass transit systems such as the Light Rail Transit (LRT) from Norfolk through Town Center to the Oceanfront. With this in place, this corridor will be a prime location for multifamily housing, transit oriented development, retail, restaurants, and similar uses (p. 2-29). The RASAP expands on the idea of the LRT by proposing stations at the current Convention Center and future development at the Dome Site. The LRT would tie into the local trolley line that serves as the north/south connector along Atlantic and Pacific Avenues (see RASAP poster, Transit Network). DARHAK PATEL (KAVERI LLC) Agenda Item 5 Page 2 CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Virginia Beach Boulevard in front of this site is a four -lane undivided minor urban arterial with a 100 foot right-of-way width, which is also the ultimate right-of-way width provided in the City's Master Transportation Plan. There are currently no plans to improve this portion of the roadway. Seabridge Road also provides access to this site. Seabridge Road is a two-lane local street with a 60 foot right-of-way width. Seabridge Road is not included in the City's Master Transportation Plan and there are no roadway plans for this portion of the road. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Virginia Beach 11,720 ADT 22,800 ADT Existing Land Use — 414 Boulevard ADT (34 Peak Hour) Proposed Land Use 3 — 613 ADT 50 Peak Hour) Average Daily Trips Zas defined by a 1,812 square feet convenience store and8 fueling stations Sas defined by a 2,688 square feet convenience store and 8 fueling stations WATER: This site is currently connected to City water. The existing 5/8 inch meter may be used or upgraded to accommodate the proposed development. SEWER: The site is connected to City sewer. STORMWATER MANAGEMENT: Stormwater quality and quantity shall be addressed in accordance with the specifications outlined in the Virginia Stormwater Management Handbook. EVALUATION AND RECOMMENDATION The site was developed in 1985, prior to the landscaping ordinances and the Resort Area Strategic Action Plan. While the request is not consistent with the Comprehensive Plan recommendations for this area, it is an acceptable interim use for the area pending the redevelopment of the corridor. The applicant, in conjunction with Greyhound Lines, Inc., is also requesting approval for a Conditional Use Permit for a passenger transportation terminal, a bus stop, on the site. Several of the conditions listed below are also recommended for the approval of that request. Staff recommends approval of this requested modification, as conditioned below. DARHAK PATEL (KAVERI LLC) Agenda Item 5 Page 3 CONDITIONS 1. The condition attached to the Conditional Use Permit granted by the City Council on January 21, 1985 remains in effect. 2. The proposed addition shall be located substantially in accordance with the submitted physical survey plan of the site prepared by Beck Associates pc. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 3. The driveway / curb cut, on Virginia Beach Boulevard, located near the intersection of Virginia Beach Boulevard and Seabridge Road shall be closed. Landscaping, in accordance with the Site Plan Ordinance Section 5A, shall be installed along the Virginia Beach Boulevard and Seabridge Road frontages, except for the necessary access points. 4. Pedestrian walkway(s) to the convenience store shall be provided from any required sidewalks in the public rights of way in accordance with Section 246(d) of the zoning ordinance. 5. No outdoor vending machines and / or display of merchandise shall be allowed on the site. 6. Foundation landscaping shall be installed along all the building walls. The planting bed shall be a minimum of 3 feet in width and shall contain low growing evergreen shrubs. 7. The dumpster shall be screened and landscaped in accordance with the Site Plan Ordinance, Section 5A. 8. The applicant / owner shall provide a photometric plan for review / approval by the Virginia Beach Department of Planning or appropriate City staff. All lighting on the site will be consistent with the standards published by the Illumination Engineering Society of North America. The spot lights located along the front of the building shall be adjusted, if used, so as not to shine directly on the adjacent rights of ways. Lighting shall be directed/deflected down at the ground, and not out horizontally or up in the air. 9. The entire building shall be painted an earth tone color. 10. The non -conforming free-standing sign shall be modified to conform to the current requirements of the City Zoning Ordinance or shall be removed and may be replaced with a conforming sign within three months of City Council approval. 11. The only signs allowed on the site shall be those permitted in the City Zoning Ordinance, Article 9 Section 905 (b). There shall be no signage in or on the doors and windows of the building that exceeds 10% of the total areas doors and windows. There shall be no signs, pennants, banners, and or flag -type signs attached to any poles and or displayed on the site. This shall be accomplished within one week of City Council approval. 12. The seating area located on the east side of the front of the store shall be removed within one week of City Council approval. DARHAK PATEL (KAVERI LLC) Agenda Item 5 Page 4 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. DARHAK PATEL (KAVERI LLC) Agenda Item 5 Page 5 ww"r W--. Virginia B:e-ach=-B°I�vd' Ln La Jo low - 44, 1.1 N LmLmmD=EwMC&=AnQw =1BuBding Am' 18 12 SF TVWAmNew Bldg _ 26N SF PARCEL A Plukir4 Requhmxt jo I apse-p" 200 SIR Ka 234 P. 38 ofbaildiDg ram, bbduding n1lohnum I HC epaoe plus 3 wpbym FENCE DRILL N= SCY IN 0.1f 2696/200 -13.4 say 14 +3 -17 'PIM 11W 1q'd FOUND S 050 27 40" E FENCX IN as FIN SET SAY 116Nf 1473 DI PENCE ---------- war myBw .,cmc CLUB FAD v WOW J PARCEL 2 NVIVINGCOLUMN ""WNW - --------- PARCEL 21A in 49.9 DOWN" 30.15 67, FUNP co l9AND 3.3 Cumm lid Lu z _ROOFljw olthqw, ,LMNT ova AXE POLE VWOOD�, mr FENCE Pi RADIUS 20 Llow UG"r FENCE 0 POLE met 1275 PIN FOUND 147vS O—N 050 28W FIN wr SEABRIDGE ROAD,.w FtEFERENCER HA K R 7 FLL Ve, R " KS617174 3, PjI K& 4 D.& n9Z R PHYSICAL SURVEY MTHMYBECK DA 4w P. 1-0"=WZ) OF N0.2030 PARCEL 2, SUBDIVISION OF PARC6 .s FOR NELSON e. & MABEL BROCK (D.B. 2557, P. 602) VIRGINIA BFAG 3MVEY WAS PERFORMED FDR OTHE BENEPrr OF A CIJRREWrMTLE m ZrUT AllMAY Nor SHOW ISEM OF TITLE THAT DARSHAK PATEL r THE SITE. DEW NOT RJUSHED BY CaLIMENNT. SCALL 1"w 25' PROPOSED SITE, PLAN DARHAK PATEL (KAVERI LLC) Agenda Item 5 Page 7 ig %] r l� PROPOSED BUILDING ELEVAT40N DARHAK PATEL (KAVERI LLC) Agenda Item 5 Page 8 ?d M PHOTOGRAPHS OF SITE DARHAK PATEL (KAVERI LLC) Agenda Item 5 Page 9 # DATE REQUEST ACTION 1 10/22/88 Conditional Use Permit Automobile Service Station and Carwash Approved 2 8/22/93 Alteration to a Nonconforming Use Approved 12/10/02 Rezoning (A-12 Apartment to Conditional B-2 Business) & Approved 9� Conditional Use Permit (Bulk Storage) E IAT— 10—M �l im i0.7 sr Modification of Proffers and Conditions Approved 3 10/10/88 i�'��►" �,• �y ':. Approved !. - gas � _ ��i Permit (Group Home) 8/14/89 Conditional Use Permit (Group Home) Approved 2/11/92 Conditional Use Permit (Group Home) Approved 10/27/92 Conditional Use Permit (Group Home) Denied e i \�`...� i fit.' � �`!�• Conditional Use Permit (Group Home - addition) Approved 4/25/00 Conditional Use Permit(Group Home - expansion) Approved # DATE REQUEST ACTION 1 10/22/88 Conditional Use Permit Automobile Service Station and Carwash Approved 2 8/22/93 Alteration to a Nonconforming Use Approved 12/10/02 Rezoning (A-12 Apartment to Conditional B-2 Business) & Approved Conditional Use Permit (Bulk Storage) 2/10/04 Modification of Proffers and Conditions Approved 3 10/10/88 Rezoning (B-2 Business to A-12 Apartment) & Conditional Use Approved Permit (Group Home) 8/14/89 Conditional Use Permit (Group Home) Approved 2/11/92 Conditional Use Permit (Group Home) Approved 10/27/92 Conditional Use Permit (Group Home) Denied 10/26/93 Conditional Use Permit (Group Home - addition) Approved 4/25/00 Conditional Use Permit(Group Home - expansion) Approved ZONING HISTORY DARHAK PATEL (KAVERI LLC) Agenda Item 5 Page 10 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) Wm t i c Mww- r*mac.- Pwil rart Mww— ATUL &W_ - r*rVGl, 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) MAP&- t 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. 8 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? Modification of Conditions Application Page 10 of 11 DISCLOSURE STATEMENT DARHAK PATEL (KAVERI LLC) Agenda Item 5 Page 11 0 Comm) 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 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. sa:��E� �NftK Applicant's Signature Print Name �� e �1,� mb t 0 , Property Owner's Signature (if different than applicant) Print Name Conditional Use Permit Application Page 10 of 10 Revised 7/3/2007 DISCLOSURE STATEMENT DARHAK PATEL (KAVERI LLC) Agenda Item 5 Page 12 Item #5 Darshak Patel (Kaveri, L.L.C.) Modification of a Conditional Use Permit 971 Virginia Beach Boulevard District 6 Beach March 9, 2011 CONSENT An application of Darshak Patel (Kaveri, L.L.C.) for a Modification of a Conditional Use Permit for gasoline service station in conjunction with a convenience store approved by City Council on January 21, 1985 on property located at 971 Virginia Beach Boulevard, District 6, Beach. GPIN: 24176597370000. CONDITIONS 1. The condition attached to the Conditional Use Permit granted by the City Council on January 21, 1985 remains in effect. 2. The proposed addition shall be located substantially in accordance with the submitted physical survey plan of the site prepared by Beck Associates pc. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 3. The driveway / curb cut, on Virginia Beach Boulevard, located near the intersection of Virginia Beach Boulevard and Seabridge Road shall be closed. Landscaping, in accordance with the Site Plan Ordinance Section 5A, shall be installed along the Virginia Beach Boulevard and Seabridge Road frontages, except for the necessary access points. 4. Pedestrian walkway(s) to the convenience store shall be provided from any required sidewalks in the public rights of way in accordance with Section 246(d) of the zoning ordinance. 5. No outdoor vending machines and / or display of merchandise shall be allowed on the site. 6. Foundation landscaping shall be installed along all the building walls. The planting bed shall be a minimum of 3 feet in width and shall contain low growing evergreen shrubs. 7. The dumpster shall be screened and landscaped in accordance with the Site Plan Ordinance, Section 5A. 8. The applicant / owner shall provide a photometric plan for review / approval by the Virginia Beach Department of Planning or appropriate City staff. All lighting on the site will be consistent with the standards published by the Illumination Engineering Society of North America. The spot lights located along the front of the building shall be adjusted, if used, so as not to shine directly on the adjacent rights of ways. Lighting shall be directed/deflected down at the ground, and not out horizontally or up in the air. 9. The entire building shall be painted an earth tone color. 10. The non -conforming free-standing sign shall be modified to conform to the current requirements of the City Zoning Ordinance or shall be removed and may be replaced with a conforming sign within three months of City Council approval. 11. The only signs allowed on the site shall be those permitted in the City Zoning Ordinance, Article 9 Section 905 (b). There shall be no signage in or on the doors and windows of the building that exceeds 10% of the total areas doors Item #5 Darshak Patel (Kaveri, L.L.C.) Page 2 and windows. There shall be no signs, pennants, banners, and or flag -type signs attached to any poles and or displayed on the site. This shall be accomplished within one week of City Council approval. 12. The seating area located on the east side of the front of the store shall be removed within one week of City Council approval. 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. AYE 10 NAY 0 BERNAS FELTON AYE HENLEY AYE HODSON AYE HORSLEY AYE LIVAS AYE REMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE THORNTON AYE ABS 0 ABSENT 1 By a vote of 10-0, the Board approved item 5 for consent. Mark Walker appeared on behalf of the applicant. ABSENT vI op 10 N M� N H I AKS KQ' �r m }dY CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: GREYHOUND LINES, INC., Conditional Use Permit, passenger transportation terminal, 971 Virginia Beach Boulevard (GPIN 2417659737). BEACH DISTRICT. MEETING DATE: May 10, 2011 ■ Background: The applicant requests a Conditional Use Permit to allow use of the site for a passenger transportation terminal. The request is actually for a bus stop to be used three times a day. Currently, the site is occupied by a convenience store and 8 fueling stations. Greyhound Lines, previously located on Laskin Road, west of Oriole Drive, relocated their operations to this site earlier this year. Greyhound was not aware of the requirement for a Conditional Use Permit as the use on Laskin Road was nonconforming. The motor coaches arrive and depart three times daily — 6:35 am — 6:45 am, 12:20 pm — 12:30 pm, and 7:20 pm — 7:30 pm. The majority of users are local residents and the military. Tickets can be purchased at the convenience store and online. The users are dropped off at the site so there is no need for additional parking. Several chairs are installed on the eastern side of the building, outside, for the users to wait for the motor coach. This request was previously deferred from the April 12, 2011 City Council Hearing due to inadequate posting of signs. ■ Considerations: The request is consistent with the Comprehensive Plan recommendations. Staff recommends approval of this request with the following conditions which address many of the concerns raised by both staff and the surrounding neighbors. There was one in opposition to the request. ■ Recommendations: The Planning Commission, passing a motion by a recorded vote of 10-0, recommends approval of this request to the City Council with the following conditions: 1. Administrative review shall be conducted once a year (from the date of City Council approval) by the Zoning Administrator for compliance with the conditions of the use permit. 2. The existing restrooms shall be brought into compliance with the current Uniform Statewide Building Code and Americans with Disabilities Act for commercial uses Greyhound Lines, Inc. Page 2of2 within three months of City Council approval. 3. The non -conforming free-standing sign shall be modified to conform to the current requirements of the City Zoning Ordinance or shall be removed and may be replaced with a conforming sign within three months of City Council approval. 4. The only signs allowed on the site shall be those permitted in the City Zoning Ordinance, Article 9 Section 905 (b). There shall be no signage in or on the doors and windows of the building that exceeds 10% of the total areas doors and windows. There shall be no signs, pennants, banners, and or flag -type signs attached to any poles and or displayed on the site. This shall be accomplished within one week of City Council approval. 5. A waiting area with seating for the motor coach users shall be designated inside the convenience store within one week of City Council approval. 6. The existing security cameras shall be adjusted and operated to view the front yard areas of the site (yard area adjacent to both Virginia Beach Boulevard and Seabridge Road) within one week of City Council approval. 7. The applicant / owner shall provide a photometric plan for review / approval by the Virginia Beach Department of Planning or appropriate City staff within three months of City Council approval. All lighting on the site will be consistent with the standards published by the Illumination Engineering Society of North America. The spot lights located along the front of the building shall be adjusted, if used, so as not to shine directly on the adjacent rights of ways. Lighting shall be directed/deflected down at the ground, and not out horizontally or up in the air. 8. The operation of the shall be limited to the schedule provided by the applicant: • Three times daily — 6:35 am — 6:45 am, 12:20 pm — 12:30 pm, and 7:20 pm — 7:30 pm. 9. All loading and off loading of passengers shall take place on site, in the area on the eastern side of the site between the stormwater management facility and Virginia Beach Boulevard. ■ 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 l City Manager. t� ,FYN teach ^'°N' ' Greyhound Lincs, Inc. RT3 RT3 RT3 RT3" 7 fill- vwa'w' µa& + Al2 _ — ars LtIn 82 BZ jj � `Ai12 a12 B2` _ `'2. CUP Passenger adon Terminal � 15 March 9, 2011 Public Hearing APPLICANT: GREYHOUND LINES, INC. PROPERTY OWNER: MABEL BROCK REQUEST: Conditional Use Permit (Passenger Transportation Terminal — bus stop) ADDRESS / DESCRIPTION: 971 Virginia Beach Blvd. GPIN: ELECTION DISTRICT: SITE SIZE: 24176597370000 BEACH 28,567 square feet STAFF PLANNER: Faith Christie AICUZ: Majority is within the greater than 75 dB DNL Eastern portion of the property is within the 70 — 75 dB Ldn SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to allow use of the site for a passenger transportation terminal. The request is actually for a bus stop to be used three times a day. Currently, the site is occupied by a convenience store and 8 fueling stations. Greyhound Lines, previously located on Laskin Road, west of Oriole Drive, relocated their operations to this site earlier this year. Greyhound was not aware of the requirement for a Conditional Use Permit as the use on Laskin Road was nonconforming. The motor coaches arrive and depart three times daily — 6:35 am — 6:45 am, 12:20 pm —12:30 pm, and 7:20 pm — 7:30 pm. The majority of users are local residents and the military. Tickets can be purchased at the convenience store and online. The users are dropped off at the site so there is no need for additional parking. Several chairs are installed on the eastern side of the building, outside, for the users to wait for the motor coach. The request was deferred January 12, 2011 Planning Commission meeting due to a legal issue. The request was deferred at the December 8, 2010 Planning Commission meeting so that the applicant could GREYHOUND LINES, INC. Agenda Item 15 Page 1 meet with the surrounding neighbors to discuss the proposal. The applicant met with the neighbors on December 8, 2010. Staff has addressed the neighbors' concerns in the evaluation and conditions section of this report. LAND USE AND PLAN INFORMATION EXISTING LAND USE: Convenience store and gasoline pumps SURROUNDING LAND North: . Virginia Beach Boulevard USE AND ZONING: . Across Virginia Beach Boulevard is parking for the Convention Center / RT -3 Resort Tourist South: . Undeveloped lot / B-2 Business • Seabridge Square townhomes / A-12 Apartment East: . Bulk Storage / Conditional B-2 Business West: . Seabridge Road • Across Seabridge Road is a retail strip center / B-2 Business NATURAL RESOURCE AND There are no natural resources or cultural features associated with this CULTURAL FEATURES: site. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area of the City as Strategic Growth Area 8, Resort Area. The Resort Area is recognized as an area where revitalization efforts are needed to transform the Resort Area into a major activity center, strengthen neighborhoods and increase economic growth (p. 2-28 Policy Document). The Resort Area Strategic Action Plan (RASAP) adopted as part of the Comprehensive Plan further identifies this area as the 19th Street/Central Beach District. The vision for the Central Beach District is a pedestrian - scale, mixed-use entertainment district that connects recent investments at the Convention Center with the heart of the beach. With the introduction of Light Rail Transit (LRT) from Norfolk into Town Center and the Oceanfront, this corridor will be a prime location for multifamily housing, transit oriented development, retail, restaurants, and similar uses (p. 2-29). The RASAP also acknowledges a transit network plan that proposes a LRT link connecting Norfolk to Town Center and the Oceanfront, with stations at the current Convention Center and future Dome Site. The LRT would tie into the local trolley line that serves as the north/south connector along Atlantic and Pacific Avenues (see RASAP poster, Transit Network). It should also be noted that the 19th Street Corridor east of Birdneck Road to the Dome Site is identified as "Study Alternative A-V for LRT or Bus Rapid Transit (BRT) transit corridor alignment in the Virginia Beach Transit Extension Study currently being conducted by HRT. Furthermore, this site is located within the Convention Center Transit Station Influence Area (1/4 mile) and within the Dome Site Transit Station Influence Area (1/2 mile) also being evaluated in that study. GREYHOUND LINES, INC. Agenda Item 15 Page 2 CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Virginia Beach Boulevard in front of this application is a four -lane minor urban arterial with a 100 -foot right-of-way width, which is also the ultimate right-of-way width provided in the City's Master Transportation Plan. There are currently no plans to improve this portion of the roadway. Seabridge Road also provides access to this site. Seabridge Road is a two-lane local street with a sixty -foot right-of-way width. Seabridge Road is not included in the City's Master Transportation Plan and there are no roadway plans for this portion of the road. PUBLIC WORKS/TRAFFIC ENGINEERING: • This site is located at the corner of Virginia Beach Boulevard and Seabridge Road. There is currently both right -turn and left -turn lanes onto Seabridge Road from Virginia Beach Boulevard. The site has direct access to both streets, so any additional traffic created by this use, including bus traffic, can potentially use the turn lanes onto Seabridge Road to access the site. Furthermore, both sections of roadway currently operate at well below capacity and both can handle additional traffic volumes. • Traffic Engineering feels that the current site configuration should be adequate for the additional vehicular trips generated by the proposed use, and there should be no substantial negative safety or traffic flow impacts created by the proposed bus depot. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Virginia Beach 11,700 ADT 22,800 ADT Existing Land Use 2 —414 Boulevard ADT (34 Peak Hour) Proposed Land Use 3— 623 ADT Average Daily Trips las defined by a gasoline station with a convenience store 3 as defined by a gasoline station with a convenience store and a 6 daily bus stops EVALUATION AND RECOMMENDATION The request is consistent with the Comprehensive Plan recommendations. Staff recommends approval of this request with the following conditions which address many of the concerns raised by both staff and the surrounding neighbors. CONDITIONS 1. Administrative review shall be conducted once a year (from the date of City Council approval) by the Zoning Administrator for compliance with the conditions of the use permit. 2. The existing restrooms shall be brought into compliance with the current Uniform Statewide Building Code and Americans with Disabilities Act for commercial uses within three months of City Council GREYHOUND LINES, INC. Agenda Item 15 Page 3 approval. 3. The non -conforming free-standing sign shall be modified to conform to the current requirements of the City Zoning Ordinance or shall be removed and may be replaced with a conforming sign within three months of City Council approval. 4. The only signs allowed on the site shall be those permitted in the City Zoning Ordinance, Article 9 Section 905 (b). There shall be no signage in or on the doors and windows of the building that exceeds 10% of the total areas doors and windows. There shall be no signs, pennants, banners, and or flag -type signs attached to any poles and or displayed on the site. This shall be accomplished within one week of City Council approval. 5. A waiting area with seating for the motor coach users shall be designated inside the convenience store within one week of City Council approval. 6. The existing security cameras shall be adjusted and operated to view the front yard areas of the site (yard area adjacent to both Virginia Beach Boulevard and Seabridge Road) within one week of City Council approval. 7. The applicant / owner shall provide a photometric plan for review / approval by the Virginia Beach Department of Planning or appropriate City staff within three months of City Council approval. All lighting on the site will be consistent with the standards published by the Illumination Engineering Society of North America. The spot lights located along the front of the building shall be adjusted, if used, so as not to shine directly on the adjacent rights of ways. Lighting shall be directed/deflected down at the ground, and not out horizontally or up in the air. 8. The operation of the shall be limited to the schedule provided by the applicant: • Three times daily — 6:35 am — 6:45 am, 12:20 pm —12:30 pm, and 7:20 pm — 7:30 pm. 9. All loading and off loading of passengers shall take place on site, in the area on the eastern side of Mt.., site between the stormwater management facility and Virginia Beach Boulevard. 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. GREYHOUND LINES, INC. Agenda Item 15 Page 4 � } \ � � Ln q ,. � | a 2 �� � • � \t } 22 _ OD_ _S . r \ ' ( 2 at � �. � ■ psill -- M. | MA�m�o �±"�I — |;% � - �| �� \ .! ! | r. | / G A 91 \� A - If / 'It- ! q& '14 Q , 11-4 a !h ki-1 . 5 , | { �� / � || # \�/ � } �!� g ■ � ? �/§_� „ | @ d w� � . ! :z i - y PHYSICAL SURVEY GREYHOUND LINES,INC. Agenda Item 15 Page 6 PiN FENCE T IN 0.4' DRILL HOLE FOUND vavIc 6 PARCEL A M.B. 230, P. 38 S 050 27' 40° E DI � 14r��/rptoSENE PUMP MICE IN DY / PIN SET _ !p CE DUVEWAY J. Y DI 1 •GONG GAiB 6V PAD T PARCEL 2 {C�WN1NG colllrw N PAI O IAVNING NOT PRMOM, oa+c CURB ty ;----- ' in Ln "21.715 y .+ MASONRYCOLUMN Q 4 57 :' y' • -' • � 30.15 -- rn z� rte,• �� LA D -3.1' J S U1 CONCRE,E ' $ LU o fn ISLAND z ROOF LINE ry > '.�,�• 3R.AM 30.2'} DRIVEWAY LIGHT .OVER 13 • 4 N POLE ,-_LIGFtT G CURB PME a0 VACUUMVg,IPES FENCEV WOOD cn ® LIGW U FENCE MUS = 20.0' Cnrlo SIGN POLE 127.5' PIN FOUND < 147.5 ' N 050 28' W PIN SFT SEABRlDGE ROAD 1w,. SITE PLAN GREYHOUND LINES, INC. Agenda Item 15 Page 7 PHOTOGRAPH OF EXISTING SITE - VIRGINIA BEACH BOULEVARD GREYHOUND LINES, INC. Agenda Item 15 MM PHOTOGRAPH OF EXISTING SITE - SEABRIDGE ROAD GREYHOUND LINES, INC. Agenda Item 15 Page 9 PHOTOGRAPH OF BUS LOADING AREA GREYHOUND LINES, INC. Agenda Item 15 Page 10 Beach Map L-7 (T'ri-vhnnnd I inPc Inv M8D N01 to RT RT3 RT3 RT3* -v A BEACH 2 p B Ldn B2 132* s _ B2 B'.2 \ 16 ' Lolling with conditions Proffers. Open Space Promotion or PDH -2 Overlays CUP Passenger Transportation Terminal # DATE REQUEST ACTION 1 10/22/88 Conditional Use Permit (Automobile Service Approved Station and Carwash 2 8/22/93 Alteration to a Nonconforming Use Approved 12/10/02 Rezoning (A-12 Apartment to Conditional B-2 Approved Business) & Conditional Use Permit (Bulk Storage) Approved 2/10/04 Modification of Proffers and Conditions 3 10/10/88 Rezoning (B-2 Business to A-12 Apartment) & Approved Conditional Use Permit (Group Home) 8/14/89 Conditional Use Permit (Group Home) Approved 2/11/92 Conditional Use Permit (Group Home) Approved 10/27/92 Conditional Use Permit (Group Home) Denied 10/26/93 Conditional Use Permit (Group Home - addition) Approved 4/25/00 Conditional Use Permit (Group Home - Approved expansion ZONING HISTORY GREYHOUND LINES, INC. Agenda Item 15 Page 11 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) 6:Ae:�/Aocl v�� LiNv s ZNC 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. & 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 4 If yes, what is the name of the official or employee and the nature of their interest? conditional Use Permit Application Page 9 of 10 Revised 7/3/2007 DISCLOSURE STATEMENT GREYHOUND LINES, INC. Agenda Item 15 Page 12 A z 0 V 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 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. z "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 dose working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is 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. ��-&" *w c �,ry j Applicant's Signature Print Name p'y :-a1 'e -a- c m C4 12 i (' , rc _ !�- Property Owner's Signature (if different than applicant) Print Name Conditional Use Permit Application Page 10 of 10 Revised 713/2007 GREYHOUND LINES, INC. Agenda Item 15 Page 13 Item #15 Greyhound Lines, Inc. Conditional Use Permit Passenger Transportation Terminal — bus stop 971 Virginia Beach Boulevard District 6 Beach March 9, 2011 APPROVED An application of Greyhound lines, Inc. for a Conditional Use Permit (Passenger Transportation Terminal — bus stop) on property located at 971 Virginia Beach Boulevard, District 6, Beach. GPIN: 24176597370000. CONDITIONS 1. Administrative review shall be conducted once a year (from the date of City Council approval) by the Zoning Administrator for compliance with the conditions of the use permit. Faw!UFe to eemply with the cenditions shall .,It in .-atie-A of the , peFFAit 2. The existing restrooms shall be brought into compliance with the current Uniform Statewide Building Code and Americans with Disabilities Act for commercial uses within three months of City Council approval. 3. The non -conforming free-standing sign shall be modified to conform to the current requirements of the City Zoning Ordinance or shall be removed and may be replaced with a conforming sign within three months of City Council approval. 4. The only signs allowed on the site shall be those permitted in the City Zoning Ordinance, Article 9 Section 905 (b). There shall be no signage in or on the doors and windows of the building that exceeds 10% of the total areas doors and windows. There shall be no signs, pennants, banners, and or flag -type signs attached to any poles and or displayed on the site. This shall be accomplished within one week of City Council approval. 5. A waiting area with seating for the motor coach users shall be designated inside the convenience store within one week of City Council approval. 6. The existing security cameras shall be adjusted and operated to view the front yard areas of the site (yard area adjacent to both Virginia Beach Boulevard and Seabridge Road) within one week of City Council approval. 7. The applicant / owner shall provide a photometric plan for review / approval by the Virginia Beach Department of Planning or appropriate City staff within three months of City Council approval. All lighting on the site will be consistent with the standards published by the Illumination Engineering Society of North America. The spot lights located along the front of the building shall be adjusted, if used, so as not to shine directly on the adjacent rights of ways. Lighting shall be directed/deflected down at the ground, and not out horizontally or up in the air. 8. The operation of the shall be limited to the schedule provided by the applicant: • Three times daily — 6:35 am — 6:45 am, 12:20 pm — 12:30 pm, and 7:20 pm — 7:30 pm. 9. All loading and off loading of passengers shall take place on site, in the area on the eastern side of the site between the stormwater management facility and Virginia Beach Boulevard. Item #15 Greyhound Lines, Inc. Page 2 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. By a vote of 10-0, the Board approved item 15. Thomas Wade, applicant appeared before the Board. B.A. Andrews appeared in support of this application. Tom Musumec appeared in opposition of this application. AYE 10 NAY 0 ABS 0 ABSENT 1 BERNAS ABSENT FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE THORNTON AYE By a vote of 10-0, the Board approved item 15. Thomas Wade, applicant appeared before the Board. B.A. Andrews appeared in support of this application. Tom Musumec appeared in opposition of this application. ;o NIL -, 1\ T- 0 cl CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: 7 -ELEVEN, INC./COURTHOUSE MARKETPLACE OUTPARCELS, LLC, Modification of Conditional Channe of Zoning, 2448 Nimmo Parkway (GPIN 1494637921; 1494638788). PRINCESS ANNE DISTRICT. MEETING DATE: May 10, 2011 ■ Background: The applicant is requesting a Modification to the proffer agreement of a Conditional Change of Zoning to allow development of a 7 -Eleven Convenience store, strip retail center, and gasoline pumps on an outparcel of Courthouse Marketplace Shopping Center. The site is currently approved for the development of a WaWa Convenience store and gasoline pumps. The Conditional Rezoning from AG -1 and AG -2 Agricultural and B-1 Limited Business District to B-2 Community Business District was approved by the City Council on June 8, 2004, with seven proffers. A modification to the proffers to allow development of the out parcels with a WaWa Convenience store and gasoline pumps and a drive-through associated with a restaurant was approved on March 27, 2007. Proffer 2 referenced the conceptual site plan, which depicted the possible development layout for each outparcel. Proffer 5 limited the proposed uses on the outparcels, and limited drive-through uses to Outparcels 1 and 2, and did not permit drive-through uses in conjunction with a restaurant on Parcel 3. The applicant and the property owner are now requesting a modification to Proffers 2 and 4 to allow a strip retail center, 7 -Eleven Convenience store and gasoline pumps. The submitted site development plan depicts a 7 -Eleven convenience store, a canopy with four fueling stations, and a future retail area. Nineteen parking spaces, future parking, and landscaping are also depicted on the plan. Access to the site is via the internal roads in the shopping center. Pedestrian access to the site will be via defined sidewalks to the shopping center and the adjacent roadways. A plaza with benches and landscaping, as well as a freestanding monument sign are depicted in the southeastern portion of the site. The proposed building and canopy are similar in architectural design as the existing Courthouse Marketplace shopping center. 7 -Eleven, Inc. Page 2 of 3 This proposal was deferred, at the request of the applicant, from the April 12, 2011 City Council Hearing. ■ Considerations: The request for a modification of the proffer agreement to allow development of a 7 -Eleven Convenience store, strip retail center, and gasoline pumps on an outparcel of Courthouse Marketplace Shopping Center is consistent with the recommendations of the Comprehensive Plan for the area. The site design and building architecture are designed to complement the existing Courthouse Marketplace shopping center. Therefore staff finds this request with the submitted proffers acceptable. There was no opposition to the request. ■ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, 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: Proffer number "2" in the 2003 Proffers, as amended by the First Amendment, is further amended to read: The Conceptual Site Plans depict outparcels and illustrate a possible development layout for each. With respect to Outparcels numbered 1, 2, 3 and 4, the possible development layout for each is hereby modified by the "Conceptual Site Layout & Landscape Plan of 7 -ELEVEN AT COURTHOUSE MARKETPLACE", dated 11/30/10, prepared by MSA, P.C. (hereinafter referred to as the "Revised Modified Partial Conceptual Site Plan"), which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. In accordance with Section 1304 of the Comprehensive Zoning Ordinance (CZO), a General Certificate of Appropriateness shall be obtained from the Department of Planning prior to development of the Property. The General Certificate of Appropriateness may be issued following review by the Historic Review Board of the architectural style and building materials of the structures, the location, size, number and character of the proposed signage, and the proposed exterior lighting arrangements. A site plan and rendering(s) for any building(s) to be constructed on each outparcel depicted on the Conceptual Site Plans or Revised Modified Partial Conceptual Site Plan must be approved by the Planning Director, prior to the issuance of a building permit. 7 -Eleven, Inc. Page 3of3 PROFFER 2: Proffer number 4 in the 2003 Proffers, as amended by the First Amendment, is further amended to read: When the Property is developed, no internally illuminated, building mounted signage will be permitted. With the exception of Parcel 1 as depicted on the "Revised Modified Partial Conceptual Site Plan", all parcels depicted in the Revised Modified Partial Conceptual Site Plan and those outparcels decocted on the original "Conceptual Site Plan", which outparcels are not being modified herein, shall be restricted to building mounted signs only. The only freestanding signage permitted on the Property, shall be one along the frontage of Ferrell Parkway/Princess Anne Road, one along the frontage of Nimmo Parkway, and an internally illuminated monument sign on Parcel 1. PROFFER 3: All of the terms, conditions, covenants, servitudes and agreements set forth in the 2003 Proffers and the First Amendment recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument # 200407120106393 and 20070330000425420, save and except, Proffers 2 and 4, as specifically amended and modified herein, shall remain in force and effect, running with the Property and binding upon the Property and upon all parties and persons claiming under, by or through the Grantor, its heir, personal representatives, assigns, tenants, and other successors in interest or title. STAFF COMMENTS: The City Attorney's Office has reviewed the proffer agreement dated January 24, 2011, 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 Manager: '� �, Z�� MIMI" ANNE 7 -Eleven. Inc. HCD-Nbralul.ndCWw�ol DbnkrOwbY moanrcauon w curwruurra 7 February 9, 2011 Public Hearing APPLICANT: 7 -ELEVEN, INC. PROPERTY OWNER: COURTHOUSE MARKETPLACE OUTPARCELS, L.L.C. STAFF PLANNER: Faith Christie REQUEST: Modification of Conditional Change of Zoning approved by the City Council on June 8, 2004, and modified on March 27, 2007 ADDRESS / DESCRIPTION: 2448 Nimmo Parkway GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14946379210000; PRINCESS ANNE Parcel 1-1.72 acres Less than 65 dB DNL 14946387880000 Parcel 2-3.23 acres SUMMARY OF REQUEST The applicant is requesting a modification of the proffer agreement to allow development of a 7 -Eleven Convenience store, strip retail center, and gasoline pumps on an outparcel of Courthouse Marketplace Shopping Center. The site is currently approved for the development of a WaWa Convenience store and gasoline pumps. The Conditional Rezoning from AG -1 and AG -2 Agricultural and B-1 Limited Business District to B-2 Community Business District was approved by the City Council on June 8, 2004, and modified on March 27, 2007. The Conditional Rezoning has seven proffers: 1. When the Property is developed, the grocery store / retail facility shall be developed and landscaped substantially as shown on the exhibits entitled (a) "COURTHOUSE MARKETPLACE", 7 -ELEVEN, INC. Agenda Item 7 Page 1 dated 6/3/03, prepared by Engineering Services, Inc., and (b) "PROPOSED DEVELOPMENT COURTHOUSE MARKET PLACE, Virginia Beach, VA.", dated June 03, 2003, prepared by HBA which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter referred to as the "Conditional Site Plans"). A detailed landscape plan for the Property which is coordinated with the Grantee's landscaping plans for Nimmo Parkway and Ferrell Parkway/Princess Anne Road must be approved by the Planning Director prior to issuance of a building permit. The landscape plan for the Property will require that at least thirty percent (30%) of the new trees to be planted will be "evergreen" trees. 2. The Conceptual Site Plan depicts outparcels and illustrates a possible development layout for each. In accordance with Section 1304 of the Comprehensive Zoning Ordinance (CZO), a General Certificate of Appropriateness shall be obtained from the Department of Planning prior to development of the Property. The General Certificate of Appropriateness may be issued following review by the Historic Review Board of the architectural style and building materials of the structures, the location, size, number and character of the proposed signage, and the proposed exterior lighting arrangements. A site plan and rendering(s) for any building(s) to be constructed on each outparcel depicted on the Conceptual Site Plan must be approved by the Planning Director, prior to issuance of a building permit. The Planning Director shall determine that each building on an out parcel is appropriately oriented along the principal drive isles in a manner that promotes a "main Street" atmosphere. 3. The architectural design and building materials of the grocery store / retail structure to be constructed on the Property shall be substantially compatible with the architectural style and materials depicted on the two (2) exhibits entitled :PROPOSED DEVELOPMENT COURTHOUSE MARKETPLACE" dated June 3, 2003, prepared by HBA, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter referred to as the "Elevation Plans"). 4. When the Property is developed, no internally illuminated, building mounted signage will be permitted. Outparcels, as depicted on the Conceptual Site Plan shall be restricted to building mounted signs only. The only freestanding signage permitted on the Property, shall be one along the frontage of Ferrell Parkway/Princess Anne Road and one along the frontage of Nimmo Parkway. 5. The following uses shall not be permitted on the Property: automobile repair facilities, automobile service stations, bingo halls, car wash facilities, flea markets, heliports and helistops, mini - warehouses, motor home sales and motor vehicle sales and rentals. In addition, on Outparcels designated "1" and "2" on the Conceptual Site Plan, no drive through uses shall be permitted. On the Outparcel designated "3", no drive through associated with a restaurant shall be permitted. 6. When the Property is developed, a public use, ingress/egress easement shall be dedicated over the two drive aisles/access roads which traverse the Property perpendicular to Nimmo Parkway curb cuts on Nimmo Parkway to the northwestern boundary line of the Property, as depicted on the Conceptual Site Plan, from the eastern most drive aisle, subject to the owner(s) of Lot 16 and Lot 22A executing a reasonable shared maintenance agreement with the Party of the First Part which reflects a reasonable sharing of construction and maintenance costs for the drive aisles and associated landscaping. 7. Further conditions may be required by the Grantee during detailed Site Plan review and administration of all applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. The property owner requested and approved for a modification of proffers on March 27, 2007 to allow development of the out parcels with a WaWa Convenience store and gasoline pumps and a drive-through associated with a restaurant. Proffer 2 referenced the conceptual site plan, which depicted the possible 7 -ELEVEN, INC. Agenda Item 7 Page 2 development layout for each outparcel. Proffer 5 limited the proposed uses on the outparcels, and limited drive-through uses to Outparcels 1 and 2, and did not permit drive-through uses in conjunction with a restaurant on Parcel 3. The proffers were modified to the following: PROFFER 1: Proffer number "2" in the 2003 Proffers is amended to read: The Conceptual Site Plans depict outparcels and illustrate a possible development layout for each. With respect to Outparcels numbered 1, 2, 3 and 4, the possible development layout for each is hereby modified by the "Conceptual Site Layout & Landscape Plan of WAWA AT COURTHOUSE CENTER", dated 05/01/06, prepared by MSA, P.C. (hereinafter referred to as the "Modified Partial Conceptual Site Plan"), which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. In accordance with Section 1304 of the Comprehensive Zoning Ordinance (CZO), a General Certificate of Appropriateness shall be obtained from the Department of Planning prior to development of the Property. The General Certificate of Appropriateness may be issued following review by the Historic Review Board of the architectural style and building materials of the structures, the location, size, number and character of the proposed signage, and the proposed exterior lighting arrangements. A site plan and rendering(s) for any building(s) to be constructed on each outparcel depicted on the Conceptual Site Plan must be approved by the Planning Director, prior to the issuance of a building permit. The Planning Director shall determine that each building on an outparcel is appropriately oriented along the principal drive aisles in a manner that promotes a "main street" atmosphere. PROFFER 2: Proffer numbered "5" in the 2003 Proffers is amended to read: The following uses shall not be permitted on the Property: automobile repair facilities, bingo halls, car wash facilities, flea markets, heliports and helistops, mini -warehouses, motor home sales and motor vehicle sales and rentals. In addition, on Outparcels designated 1" and "2" on the Modified Partial Conceptual Site Plan, no drive-thru associated with a restaurant shall be permitted. On the Outparcel designated "3", a drive-thru shall be permitted, provided the drive-thru pick-up window is located on the north side of the building and the drive-thru is not used in conjunction with a Quick Service Restaurant. PROFFER 3: When any outparcel on that portion of the Property depicted on the Modified Partial Conceptual Site Plan is developed, the "Central Plaza Feature" shall be created substantially as shown on the exhibits entitled "Conceptual View of Courthouse Marketplace Plaza" and "Detail of King Neptune, Courthouse Marketplace Plaza", dated 5/31/06, prepared by HBA, which have been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Central Plaza Exhibits"). PROFFER 4: All of the terms, conditions, covenants, servitudes and agreements set forth in the 2003 Proffers recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument # 200407120106393, save and except, Proffers 2 and 5, as specifically amended and modified herein, shall remain in force and effect, running with the Property and binding upon the Property and upon all parties and persons claiming under, by or through the Grantor, its heir, personal representatives, assigns, tenants, and other successors in interest or title. The applicant and the property owner are requesting a modification to Proffers 2 and 4 to allow a strip retail center, 7 -Eleven Convenience store and gasoline pumps. Again the proposed layout of the out parcels may change with future development. The western portion of the site contains the main retail center and several freestanding buildings. This part of the center is designed following the grid pattern established within the existing municipal center 7 -ELEVEN, INC. Agenda Item 7 Page 3 complex. The main retail center is designed with projections and recesses and varying facades and rooflines that will invoke a "main street" atmosphere. There is a wide sidewalk provided along the front of the main retail center that could include outdoor cafes, seating areas and landscaping. The walkway itself is designed with brick paver accents to define cafe areas and store entrances. The submitted site development plan depicts a 7 -Eleven convenience store, a canopy with four fueling stations, and a future retail area. Nineteen parking spaces, future parking, and landscaping are also depicted on the plan. Access to the site is via the internal roads in the shopping center. Pedestrian access to the site will be via defined sidewalks to the shopping center and the adjacent roadways. A plaza with benches and landscaping, as well as a freestanding monument sign are depicted in the southeastern portion of the site. The proposed building and canopy are similar in architectural design as the existing Courthouse Marketplace shopping center. EXISTING LAND USE: Undeveloped site SURROUNDING LAND North: USE AND ZONING: South: East: West: NATURAL RESOURCE AND CULTURAL FEATURES: LAND USE AND PLAN INFORMATION • Princess Anne Road • Nimmo Parkway • Courthouse Complex • Vacant property /0-2 Office There are no natural resources or cultural features associated with the site. COMPREHENSIVE PLAN: The Comprehensive Plan considers the subject parcel as being within the Historic Princess Anne Center, a subarea of Princess Anne Commons. It is not the intent of the Comprehensive Plan for this area to become part of the urban area north of the Green Line. Instead, the general goals for the land uses of this area are to encourage quality -planned development of a mix of public and private uses while designing with nature and providing exceptional open spaces. These goals include major transportation projects such as the widening of Princess Anne Road and the connection of Nimmo Parkway to General Booth Boulevard. Both are major roadways and integral parts of the City transportation system. The Comprehensive Plan recognizes that, when completed, Nimmo Parkway will be the major east -west arterial roadway in this area. (p. 4-1, 4-3) CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Princess Anne Road adjacent to the site is a two-lane undivided suburban major arterial. The Princess Anne Road Phase IV (CIP 2.305) project is underway to widen Princess Anne Road to a divided four -lane section with multi -use 7 -ELEVEN, INC. Agenda Item 7 Page 4 paths. Completion of this VDOT-administered project is scheduled for June 5, 2014. Nimmo Parkway adjacent to the site is a four -lane divided suburban major arterial that currently terminates at Princess Anne Road. The Princess Anne Road Phase IV (CIP 2.305) project will extend Nimmo Parkway to Holland Road, and this segment of the project is anticipated to be complete by November 2011. Nimmo Parkway will be further extended to General Booth Boulevard by the Nimmo Parkway Phase V-A (CIP 2.121) project, which is scheduled to be advertised for bids in July 2011. The site is located on an outparcel of the Courthouse Marketplace shopping center. The approved Traffic Impact Study (TIS) for Courthouse Marketplace did not anticipate a gas station with convenience store outparcel; however, in 2007 the City Council approved a conditional use permit for a Wawa gas station and convenience store at this application's subject site. That approved permit was for a gas station with sixteen fueling positions; this application is for a gas station with eight fueling positions. Thus, while the current proposal represents an increase in traffic compared to the approved TIS, it will be a reduction in traffic from the previously -approved gas station permit. The subject outparcel does not have direct access to any public street. Through the Courthouse Marketplace shopping center, there are two direct access points to Nimmo Parkway. There is also an approved right -in only access point on Princess Anne Road that has not yet been connected to Princess Anne Road. The approved Courthouse Marketplace TIS stipulated that if a traffic signal were to become warranted at either access point on Nimmo Parkway, this signal would be installed at the western entrance which is the intersection of Nimmo Parkway and George Mason Drive. Additionally, the median opening at the eastern entrance (closest to the subject site) would be closed to eliminate left -turn movements. These measures are a Public Works requirement because signalization of the eastern entrance would cause major operational problems for Nimmo Parkway. A full traffic signal surety has been posted by the Harris Teeter, Sun Trust Bank, and Wendy's in Courthouse Marketplace for the signal that will be installed at the Nimmo Parkway/George Mason Drive intersection if a traffic signal becomes warranted. Traffic Engineering requested extension of this surety in March 2010. As with the Wawa before it, the 7-11 will be required at site plan submittal stage to bond for the cost of roadway improvements required to close the median crossing on Nimmo Parkway at the easternmost entrance to Courthouse Marketplace opposite the judicial Center. The bond will be called if a traffic signal is warranted and is built at the Nimmo Parkway/George Mason Drive intersection. A right -in -only access point for Courthouse Marketplace on Princess Anne Road was approved but never completed. Completion of this access point will be part of the Princess Anne Road Phase IV (CIP 2.305) project. The conceptual site layout submitted for 7-11 shows the 7-11 accessing the private access street from Princess Anne Road into Courthouse Marketplace. Be advised that this is a one-way street that will allow left - turns into the 7-11 and out of the 7-11, but right -turns from 7-11 towards Princess Anne Road will never be permitted. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Nimmo Parkway N/A ADT 34,900 ADT Existing Land Use 2-2,604 ADT (163 Am Peak Princess Anne 24,500 ADT' 17,100 ADT' Hour/214 PM Peak Hour) Road Future capacity 34,900 ADT Proposed Land Use 3 — 1,468 ADT (81 AM Peak Hour/136 PM Peak Hour TELEVEN, INC. Agenda Item 7 Page 5 Average Daily Trips 2 as defined by a WaWa Convenience Store with 16 fueling stations 3 as defined by a 7 -Eleven Convenience Store with 8 fueling stations and 3,000 square feet of retail WATER: This site must connect to City water. There is a 12 inch city water main in Nimmo Parkway. SEWER: A variance was approved in March 2006 to allow any separately platted outparcel from Courthouse Marketplace Shopping Center to connect to the shopping center's existing private gravity sanitary sewer. There is a 42 inch HRSD force main in Nimmo Parkway. A 6 inch city force main and an 8 inch private gravity sanitary sewer main are located in an access road adjacent to the site. EVALUATION AND RECOMMENDATION The request for a modification of the proffer agreement to allow development of a 7 -Eleven Convenience store, strip retail center, and gasoline pumps on an outparcel of Courthouse Marketplace Shopping Center is consistent with the recommendations of the Comprehensive Plan for the area. The site design and building architecture are designed to complement the existing Courthouse Marketplace shopping center. Therefore staff finds this request with the submitted proffers acceptable. 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: Proffer number "2" in the 2003 Proffers, as amended by the First Amendment, is further amended to read: The Conceptual Site Plans depict outparcels and illustrate a possible development layout for each. With respect to Outparcels numbered 1, 2, 3 and 4, the possible development layout for each is hereby modified by the "Conceptual Site Layout & Landscape Plan of 7 -ELEVEN AT COURTHOUSE MARKETPLACE", dated 11/30/10, prepared by MSA, P.C. (hereinafter referred to as the "Revised Modified Partial Conceptual Site Plan"), which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. In accordance with Section 1304 of the Comprehensive Zoning Ordinance (CZO), a General Certificate of Appropriateness shall be obtained from the Department of Planning prior to development of the Property. The General Certificate of Appropriateness may be issued following review by the Historic Review Board of the architectural style and building materials of the structures, the location, size, number and character of the proposed signage, and the proposed exterior lighting arrangements. A site plan and rendering(s) for any building(s) to be constructed on each outparcel depicted on the Conceptual Site Plans or Revised Modified Partial Conceptual Site Plan must be approved by the Planning Director, prior to the issuance of a building permit. 7 -ELEVEN, INC. Agenda Item 7 Page 6 PROFFER 2: Proffer number 4 in the 2003 Proffers, as amended by the First Amendment, is further amended to read: When the Property is developed, no internally illuminated, building mounted signage will be permitted. With the exception of Parcel 1 as depicted on the "Revised Modified Partial Conceptual Site Plan", all parcels depicted in the Revised Modified Partial Conceptual Site Plan and those outparcels decocted on the original "Conceptual Site Plan", which outparcels are not being modified herein, shall be restricted to building mounted signs only. The only freestanding signage permitted on the Property, shall be one along the frontage of Ferrell Parkway/Princess Anne Road, one along the frontage of Nimmo Parkway, and an internally illuminated monument sign on Parcel 1. PROFFER 3: All of the terms, conditions, covenants, servitudes and agreements set forth in the 2003 Proffers and the First Amendment recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument # 200407120106393 and 20070330000425420, save and except, Proffers 2 and 4, as specifically amended and modified herein, shall remain in force and effect, running with the Property and binding upon the Property and upon all parties and persons claiming under, by or through the Grantor, its heir, personal representatives, assigns, tenants, and other successors in interest or title. STAFF COMMENTS: The City Attorney's Office has reviewed the proffer agreement dated January 24, 2011, 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. 7 -ELEVEN, INC. Agenda Item 7 Page 7 N [N E) AERIAL OF SITE LOCATION 7 -ELEVEN, INC. Agenda Item 7 Page 8 Alr� pVCCK�1F Ow NY vp s�, di€€� a 6 F• _ ryh F 111 OO O k W °F a `l EE �, � -•�-/"�'i__—__— �� � Ti FA Q Zp3 ui WaM 12 ,j Q ..ridgy `N`t^h yNN� Ul z 1p-N�iD'a "X u al�y� QddNp3 2 �[ 3 a OF d U10C o°oZX 9 9 Q i Naa��w �a Ju p P IV PROPOSED SITE PLAN 7 -ELEVEN, INC. Agenda Item 7 Page 9 � F J 111 �$ r 1 z � 4 `r y6 iz o--s•r• W Z .. Sr> PROPOSED SITE PLAN 7 -ELEVEN, INC. Agenda Item 7 Page 9 �$ r o--s•r• In I 1'-I rl PROPOSED SITE PLAN 7 -ELEVEN, INC. Agenda Item 7 Page 9 0 0 PROPOSED BUILDING ELEVATION 7 -ELEVEN, INC. Agenda Item 7 Page 10 PRINCESS ANNE Map I-12 7 -Flex -en- In 2 / �� AG2 A // o A/�2 l B2* �r7 AGI1 N�6 J IIGD ' - �� \ 61 D D NCD:\ J/ ' NCD HID 'V wS -4 rc a ww AG1 G1 :i,�;, AG2 r / r NCD J r trr0 �r 42 61 B1 02 a AGS`._ ` 42 ' Zoniny witty Conditions Proffers. Open Space Pronrorion or PDH -2 Overbys HCD = Historica 1 and C uttu rat District Overby CUP for Fuel Sales - Convenience Store Modification of Conditions # DATE REQUEST ACTION 1. 3/27/07 Modification of Proffers and Conditional Use Permit (Automobile Approved Service Station) 6/8/04 Rezoning (AG -1 & AG -2 Agricultural and B-1 Business with a Approved Historic and Cultural Overlay) 2/13/78 Rezoning AG -1 & AG -2 Agricultural and B-1 Business Approved 2. 5/10/05 Conditional Use Permit Communications Tower Approved 3. 9/27/94 Rezoning (AG -1 Agricultural to R-10 Residential) Withdrawn 4. 2/12/08 Modification Approved 10/26/93 Conditional Use Permit Church Approved 5. 10/21/85 Rezoning (AG -1 Agricultural to B-2 Business, Modified to B-1 Approved Business 6. 8/9/95 Modification Approved 1/19/81 Rezoning AG -1 Agricultural to B-1 Business Approved 7. 9/22/98 Rezoning (AG -2 Agricultural to Conditional B-2 Business) Approved ZONING HISTORY 7 -ELEVEN, INC. Agenda Item 7 Page 11 11 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) Applicant, 7 -Eleven, Inc. 2. List all businesses that have a parent -subsidiary' or affiliated business enttty2 relationship with the applicant: (Attach list if necessary) See attached sheet. ❑ 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) Courthouse Marketplace Outparcel, L.L.C., a Virginia limited liability company Daniel A. Hoffer, Louis S. Haddad and Anthony P. Nero, Managers 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) Armada/Hoffler Properties 11, LLC Is the 100% member of the LLC See attached sheet for list of members of Armada Hoffler 11, LLC ❑ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes No X If yes, what is the name of the official or employee and the nature of their interest? Modifla0on of Condidons Applica0on Page 10 of 11 Revised 713/07 7 -ELEVEN, INC. Agenda Item 7 Page 12 Applicant Disclosure Businesses that have a Parent - subsidiary or Affiliated Business Entity Relationship with 7 -Eleven, Inc. Ito-Yokado Co., Ltd. Seven - Eleven Japan Co., Ltd. IYG Holding Company Jurisdiction of Incorporation ACTIVE: Bawco Corporation Ohio Bev of Vermont, Inc.- ------ ------------Vermont Brazos Comercial E Empreendimentos Ltda.---------------------- -----Brazil Cityplace Center East Corporation — ------ --------- Texas Cityplace Nevada L.L.C. Nevada Melin Enterprises, Inc. ------------------------------------------- Colorado Phil -Seven Properties Corporation -------------------------------- Philippines Puerto Rico - 7, Inc. ---------- —--______---_—______—_ __ _--Puerto Rico Sao Paulo -Seven Comercial, S.A.------------------------------------- Brazil 7 -Eleven Beverage Company, Inc. — ------------------------------------- Texas 7 -Eleven of Idaho, Inc. Idaho 7 -Eleven of Massachusetts, Inc. ---------------------- ----Massachusetts 7 -Eleven of Nevada, Inc. ---------- ---- - ----------------- Delaware 7 -Eleven of Virginia, Inc. -----------_--------------------------- --Vir inia 9 7 -Eleven Sales Corporation ---------------------------------_______ Texas 7 -Eleven Canada, Inc. --------------------- ---- ------------ ----- Canada 7 -Eleven International, Inc. -------_____ --------- —___—_______________—_—_ Nevada Southland International Investment Corporation N.V.---------------- Netherlands Antilles 7 -Eleven Sales Corporation ------— ----- ----------- -_— Texas TSC Lending Group, Inc. ------------------------------ -- -------------____ Texas Valso, S.A. - ------------------------------- ___ —__—__ __—_ Mexico INACTIVE: Lavicio's, Inc.--------- -----_--- - -- ------------- - -- -- --- --California MTA CAL, Inc. ----_—_—___--_—__—______--_____ __—_________w___ California The Southland Corporation----------- ---------- -------_ Texas 7 -Eleven Limited ---------------------------------------- — _ United Kingdom 7 -Eleven Pty. Ltd. 7 -Eleven Stores (NZ) Limited -__—_—_ New Zealand SLC Financial Services, Inc. Texas The Seven Eleven Limited ----------------------------------------- ------- —_Hong Kong 7 -ELEVEN, INC. Agenda Item 7 Page 13 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) ZiarhmAn Rank- N A - ni j�nf ladle Randy Hicks - Architects LeClairRyan, a Professional corporation MSA Engineering - Surveyor Pioneer title Armada HofMer Development Company, LLC & Armada Hoftler Construction Company t "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. 2uAffiliated 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, (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 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 dose working relationship between the entities.' See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, l am responsible for obtaining and posting the required sign on the subject property at 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. 7 -Eleven, Inc&�� , ALL . Stephen R. Romine, Esq., LeClairRyan plican s Signature 1 10 Print Name Courthouse Marketplace Outparcels, L.L.C. Property Owner's Signature (if different than applicant) Print Name Modilicallon of Condi ions Application Page 11 of 11 Revised 7/3r2007 7 -ELEVEN, INC. Agenda Item 7 Page 14 DISCLOSURE STATEMENT 11 ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) 1 "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va Code § 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. 1 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. AppIs Property Owner's Signature (if different than applicant) Page 11 of 11 Revised 7138007 Stephen R. Romine, Esq., LeCiairRyan Print Name i Print Name I „ n 7 -ELEVEN, INC. Agenda Item 7 Page 15 Item #7 & 8 7 -Eleven, Inc. Modification of Conditional Change of Zoning 2448 Nimmo Parkway Modification of a Conditional Use Permit 2448 Nimmo Parkway District 7 Princess Anne February 9, 2011 CONSENT An application of 7 -Eleven, Inc for a Modification of Conditional Change of Zoning approved by City Council on June 8, 2004 and modified on March 27, 2007 ; and a Conditional Use Permit for an automobile service station with a convenience store on property located at 2448 Nimmo Parkway, District 7, Princess Anne. GPIN: 1494-63-7921- 0000; 1494-63-8788-0000. 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: Proffer number "2" in the 2003 Proffers, as amended by the First Amendment, is further amended to read: The Conceptual Site Plans depict outparcels and illustrate a possible development layout for each. With respect to Outparcels numbered 1, 2, 3 and 4, the possible development layout for each is hereby modified by the "Conceptual Site Layout & Landscape Plan of 7 -ELEVEN AT COURTHOUSE MARKETPLACE", dated 11/30/10, prepared by MSA, P.C. (hereinafter referred to as the "Revised Modified Partial Conceptual Site Plan"), which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. In accordance with Section 1304 of the Comprehensive Zoning Ordinance (CZO), a General Certificate of Appropriateness shall be obtained from the Department of Planning prior to development of the Property. The General Certificate of Appropriateness may be issued following review by the Historic Review Board of the architectural style and building materials of the structures, the location, size, number and character of the proposed signage, and the proposed exterior lighting arrangements. A site plan and rendering(s) for any building(s) to be constructed on each outparcel depicted on the Conceptual Site Plans or Revised Modified Partial Conceptual Site Plan must be approved by the Planning Director, prior to the issuance of a building permit. PROFFER 2: Proffer number 4 in the 2003 Proffers, as amended by the First Amendment, is further amended to read: When the Property is developed, no internally illuminated, building mounted signage will be permitted. With the exception of Parcel 1 as depicted on the "Revised Modified Partial Conceptual Site Plan", all parcels depicted in the Revised Modified Partial Conceptual Site Plan and those outparcels decocted on the original "Conceptual Site Plan", which outparcels are not being modified herein, shall be restricted to building mounted signs only. The only freestanding signage permitted on the Property, shall be one along the frontage of Ferrell Parkway/Princess Anne Road, one along the frontage of Nimmo Parkway, and an internally illuminated monument sign on Parcel 1. PROFFER 3: All of the terms, conditions, covenants, servitudes and agreements set forth in the 2003 Proffers and the First Amendment recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument # Item #7 & 8 7 -Eleven, Inc. Page 2 200407120106393 and 20070330000425420, save and except, Proffers 2 and 4, as specifically amended and modified herein, shall remain in force and effect, running with the Property and binding upon the Property and upon all parties and persons claiming under, by or through the Grantor, its heir, personal representatives, assigns, tenants, and other successors in interest or title. STAFF COMMENTS: The City Attorney's Office has reviewed the proffer agreement dated January 24, 2011, and found it to be legally sufficient and in acceptable legal form. CONDITIONS 1. The site shall be developed substantially in accordance with the submitted "Conceptual Site Layout and Landscape Plan of 7 -Eleven at Courthouse Marketplace, Princess Anne Road and Nimmo Parkway, Virginia Beach, Virginia", prepared by MSA, P.C., and dated 11/30/10. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. The proposed building and canopy shall be developed substantially in accordance with the submitted elevation entitled "7 Eleven & Retail Shops at Courthouse Marketplace, Virginia Beach, Virginia", dated January 11, 2011, and prepared by Randolph T. Hicks, Architect. Said elevation has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 3. The applicant / owner shall submit a Lighting Plan and/or Photometric Diagram Plan detailed site plan review. Lighting shall overlap and be uniform throughout the parking area. All lighting on the site shall be consistent with those standards recommended by the Illumination Engineering Society of North America. The plan shall include provisions for implementing low-level security lighting for non -business hours. 4. Signage for the site shall be limited to: a. Directional signs; b. One monument style freestanding sign on a brick base to match the building brick and two building and / or canopy signs; c. Striping on the canopy shall be limited to 10 feet on each side of the canopy or one-quarter of the length of each side. Signage on the canopy shall not be internally or externally illuminated. d. There shall be no other signage such as LED signs, neon signs or neon accents installed on any wall area of the building, on and or in the windows and or doors, on the canopy, canopy columns, light poles, or any other portion of the site. There shall be no pennants, banners, and or portable signs on the site. 5. The applicant shall install bicycle racks on the site near the entrance of the convenience store entrance. 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. AYE 10 NAY 0 ABS 1 ABSENT 0 Item #7 & 8 7 -Eleven, Inc. Page 3 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND ABS RIPLEY AYE RUSSO AYE STRANGE AYE THORNTON AYE By a vote of 10-0, with the abstention so noted, the Board approved items 7 & 8 for consent. Stephen Romine appeared on behalf of the applicant. In Reply Refer To Our File No. DF -7876 CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: April 28, 2011 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilson DEPT: City Attorney RE: Conditional Zoning Application; 7 -Eleven, Inc. and Courthouse Marketplace Outparcels, LLC The above -referenced conditional zoning application is scheduled to be heard by the City Council on May 10, 2011. 1 have reviewed the subject proffer agreement, dated January 24, 2011 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 SECOND AMENDMENT TO PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS ARMADAIHOFFLER COURTHOUSE ASSOCIATES, L.P., a Virginia limited partnership f/k/a ARMADA/HOFFLER COMMERCE ASSOCIATES, L.P., a Virginia limited partnership COURTHOUSE MARKETPLACE OUTPARCELS, L.L.C., a Virginia limited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH THIS AGREEMENT, made this day of r.,;a. 2A, by and between ARMADA/HOFFLER COURTHOUSE ASSOCIATES, L.P., a Virginia limited partnership, f/k/a ARMADA/HOFFLER COMMERCE ASSOCIATES, L.P., a Virginia limited partnership, and COURTHOUSE MARKETPLACE OUTPARCELS, L.L.C., a Virginia limited liability company (collectively, Grantor) and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (Grantee). WITNESSETH: WHEREAS, the Grantor is the owner of those certain parcels of property located in the Princess Anne District of the City of Virginia Beach, Virginia, designated as Courthouse Marketplace containing approximately 16.473 acres and described in Exhibit "A" attached hereto and incorporated herein by this reference such property 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 1, 2003 (the 2003 Proffers), as amended by First Amendment to Proffered Covenants, Restrictions and Conditions dated May 30, 2006, recorded in the Clerk's Office of the City of Prepared by: Stephen R. Romine, Esq. GPIN 1494-63-2595 (Part of) LeClairRyan GPI N 1494-63-7921 999 Waterside Drive, Ste. 2525 GPIN 1494-63-8788 Norfolk, Virginia 23510 GPIN 1494-63-8183 757.441.8921 Virginia Beach on March 30, 2007, as Instrument #20070330000425420 (the First Amendment), to reflect 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 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 q o 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. Proffer number 2 in the 2003 Proffers, as amended by the First Amendment, is further amended to read: The Conceptual Site Plans depict outparcels and illustrate a possible development layout of each. With respect to Outparcels numbered 1, 2, 3 and 4, the possible development layout for each is hereby modified by the "Conceptual Site Layout & Landscape Plan of 7 -ELEVEN AT COURTHOUSE MARKETPLACE", dated 11/30/10, prepared by MSA, P.C. (hereinafter referred to as the "Revised Modified Partial Conceptual Site Plan"), which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. In accordance with Section 1304 of the Comprehensive Zoning Ordinance a General Certificate of Appropriateness shall be obtained from the Department of Planning prior to development of the Property. The General Certificate of Appropriateness may be issued following review by the Historic Review Board of the architectural style and building materials of the structures, the location, size, number and character of the proposed signage, and the proposed exterior lighting arrangements. A site plan and rendering(s) for any building(s) to be constructed on each outparcel depicted on the Conceptual Site Plans or Revised Modified Partial Conceptual Site Plan must be approved by the Planning Director, prior to the issuance of a building permit. 2. Proffer number 4 in the 2003 Proffers, as amended by the First Amendment, is further amended to read: When the Property is developed, no internally illuminated, building mounted signage will be permitted. With the exception of Parcel 1 as depicted on the "Revised Modified Partial Conceptual Site Plan", all parcels depicted on the Revised Modified Partial Conceptual Site Plan and those outparcels depicted on the original "Conceptual Site Plan", which outparcels are not being modified herein, shall be restricted to building mounted signs only. The only freestanding signage permitted on the Property, shall be one along the frontage of Ferrell Parkway/Princess Anne Road, one along the frontage of Nimmo Parkway, and an illuminated monument sign on Parcel 1. 3. All of the terms, conditions, covenants, servitudes and agreements set forth in the 2003 Proffers and the First Amendment recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument 200407120106393 and 20070330000425420, respectively, save and except, Proffers 2 and 4, as specifically amended and modified herein, shall remain in force and effect, running with the Property and binding upon the Property and upon all parties and persons claiming under, by or through the Grantor, its heirs, personal representatives, assigns, tenants, and other successors in interest or title. The Grantor further covenants and agrees that: All references hereinabove to the B-2 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, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 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 administrator 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 appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantors shall petition of 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 readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantors and the Grantee. [Remainder of page intentionally left blank] WITNESS the following signature and seal: Grantor: Armada/Hoffler Courthouse Associates, L.P., a Virginia limited partnership By: Armada Hoffler Commerce Associates, Inc., General er By: (SEAL) Anthony P. Nero, Vice President Courthouse Marketplace Outparcels, L.L.C., a Virginia lim' lia i ' company By: (SEAL) Anthon P. Nero, Manager COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to wit: The foregoing instrument was acknowledged before me this -24/-"gay of can , 201j, by Anthony P. Nero, Vice President of Armada Hoffler Commerce Associates, Inc., General Partner of Armada/Hoffler Courthouse Associates, L.P., Grantor. Notary Public My Commission Expires: Co/30/// Notary Identification No.: WJ-1?00-7 COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to wit: _ The foregoing instrument was acknowledged l &n 2010, by Anthony P. Nero, Manager Outparce , L.L.C., Grantor. i e G _ dA��/e®' rY (lam if for before me this a ay of of Courthouse Marketplace �m Notary Public My Commission Expires: & AoIll •; Notary Identification No.: -7&0:;z File No: 091034679 EXHIBIT "A" ALL THOSE certain lots, pieces or parcels of land, with the buildings and improvements thereon and all appurtenances thereunto belonging, situate, lying and being in the City of Virginia Beach, Virginia, being known, numbered and designated as "PARCEL A-1 -B, GPIN: 1494-63-7921, AREA=85,240 SF OR 1.957 AC" and "PARCEL A -1-C, GPIN: 1494-63-8788, AREA=53,084 OR 1.219 AC" as shown on that certain plat entitled "SUBDIVISION OF PARCEL A1, GPIN: 1494-63-2595, (INSTR. NO. 20060202000188730) VIRGINIA BEACH, VIRGINIA", dated January 25, 2007, made by MSA, P.C., which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number 20070430000576800. TOGETHER WITH AND SUBJECT TO the easements, rights and obligations set forth in that certain Declaration of Easements dated December 29, 2005, recorded in the aforesaid Clerk's Office as Instrument No. 20060203000191460, and that certain Declaration of Easements, Covenants and Restrictions dated April 27, 2006, recorded in the aforesaid Clerk's Office as Instrument No. 20060504000682110, as amended by that certain First Amendment to Declaration of Easements, Covenants and Restrictions dated as of April 3, 2007, recorded in the aforesaid Clerk's Office as Instrument No. 20070409000470710, and that certain Declaration of Easements dated April 25, 2007, recorded in the aforesaid Clerk's Office as Instrument No. 20070430000579990. IT BEING a portion of the same property conveyed to Courthouse Marketplace Outparcels, L.L.C., a Virginia limited liability company by deed from Armada/Hoffler Properties II, L.L.C., a Virginia limited liability company, dated July 19, 2007 and recorded August 10, 2007 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument No. 20070810001090780. LESS AND EXCEPT property conveyed to the Commonwealth Transportation Commissioner of Virginia by Certificate of Take recorded November 18, 2008 as Instrument No. 20081118001322090. Final Order recorded as Instrument No. 20090430000467430. ALTA Commitment— Exhibit'A" Page 2 \ L R, r a i O 11r, (U L 0 a� V -ci U� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: 7 -ELEVEN, INC./COURTHOUSE MARKETPLACE OUTPARCELS, LLC, Conditional Use Permit, fuel sales with convenience store, 2448 Nimmo Parkway (GPIN 1494637921; 1494638788). PRINCESS ANNE DISTRICT. MEETING DATE: May 10, 2011 ■ Background: The applicant is requesting a Conditional Use Permit to allow development of a 7 -Eleven Convenience store, strip retail center, and gasoline pumps on an outparcel of Courthouse Marketplace Shopping Center. The site is currently approved for development of a WaWa Convenience store and gasoline pumps. The site development plan depicts a 7 -Eleven convenience store, a canopy with four fueling stations, and a future retail area. Nineteen parking spaces, future parking, and landscaping are also depicted on the plan. Access to the site is via the internal roads in the shopping center. Pedestrian access to the site will be via defined sidewalks to the shopping center and the adjacent roadways. A plaza with benches and landscaping, as well as a freestanding monument sign are depicted in the southeastern portion of the site. The proposed building and canopy are similar in architectural design as the existing Courthouse Marketplace shopping center. This proposal was deferred, at the request of the applicant, from the April 12, 2011 City Council Hearing. ■ Considerations: The request is consistent with the recommendations of the Comprehensive Plan for the area. The site layout and building architecture are designed to complement the existing Courthouse Marketplace shopping center. Staff recommends approval of this requested Conditional Use Permit with conditions. There was no opposition to the request. ■ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request to the City Council with the following conditions: The site shall be developed substantially in accordance with the submitted "Conceptual Site Layout and Landscape Plan of 7 -Eleven at Courthouse Marketplace, Princess Anne Road and Nimmo Parkway, Virginia Beach, Virginia" 7 -Eleven, Inc. Page 2of2 prepared by MSA, P.C., and dated 11/30/10. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. The proposed building and canopy shall be developed substantially in accordance with the submitted elevation entitled 7 Eleven & Retail Shops at Courthouse Marketplace, Virginia Beach, Virginia", dated January 11, 2011, and prepared by Randolph T. Hicks, Architect. Said elevation has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 3. The applicant / owner shall submit a Lighting Plan and/or Photometric Diagram Plan detailed site plan review. Lighting shall overlap and be uniform throughout the parking area. All lighting on the site shall be consistent with those standards recommended by the Illumination Engineering Society of North America. The plan shall include provisions for implementing low-level security lighting for non -business hours. 4. Signage for the site shall be limited to: a. Directional signs; b. One monument style freestanding sign on a brick base to match the building brick and two building and / or canopy signs; c. Striping on the canopy shall be limited to 10 feet on each side of the canopy or one-quarter of the length of each side. Signage on the canopy shall not be internally or externally illuminated. d. There shall be no other signage such as LED signs, neon signs or neon accents installed on any wall area of the building, on and or in the windows and or doors, on the canopy, canopy columns, light poles, or any other portion of the site. There shall be no pennants, banners, and or portable signs on the site. 5. The applicant shall install bicycle racks on the site near the entrance of the convenience store entrance. ■ 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: Lz��YN ".1111M 33 .111M3E ANNE 7-Rlex•en_ Inc - M b-HbtnN[alanJ(— ft— 0—V nniuttt�auvtt w �. wtwuvtt> 8 February 9, 2011 Public Hearing APPLICANT: 7 -ELEVEN, INC. PROPERTY OWNER: COURTHOUSE MARKETPLACE OUTPARCELS, L.L.0 STAFF PLANNER: Faith Christie REQUEST: Conditional Use Permit for an automobile service station with a convenience store ADDRESS / DESCRIPTION: 2448 Nimmo Parkway GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14946379210000; PRINCESS ANNE Parcel 1-1.72 acres Less than 65 dB DNL 14946387880000 Parcel 2-3.23 acres SUMMARY OF REQUEST The applicant is requesting a Conditional Use Permit to allow development of a 7 -Eleven Convenience store, strip retail center, and gasoline pumps on an outparcel of Courthouse Marketplace Shopping Center. The site is currently approved for the development of a WaWa Convenience store and gasoline pumps. The western portion of the site contains the main retail center and several freestanding buildings. This part of the center is designed following the grid pattern established within the existing municipal center complex. The main retail center is designed with projections and recesses and varying facades and rooflines that will invoke a "main street" atmosphere. There is a wide sidewalk provided along the front of the main retail center that could include outdoor cafes, seating areas and landscaping. The walkway itself is designed with brick paver accents to define cafe areas and store entrances. 7 -ELEVEN, INC. Agenda Item 8 Page 1 The submitted site development plan depicts a 7 -Eleven convenience store, a canopy with four fueling stations, and a future retail area. Nineteen parking spaces, future parking, and landscaping are also depicted on the plan. Access to the site is via the internal roads in the shopping center. Pedestrian access to the site will be via defined sidewalks to the shopping center and the adjacent roadways. A plaza with benches and landscaping, as well as a freestanding monument sign are depicted in the southeastern portion of the site. The proposed building and canopy are similar in architectural design as the existing Courthouse Marketplace shopping center. EXISTING LAND USE: Undeveloped site SURROUNDING LAND North: USE AND ZONING: South: East: West: NATURAL RESOURCE AND CULTURAL FEATURES: LAND USE AND PLAN INFORMATION • Princess Anne Road • Nimmo Parkway • Courthouse Complex • Vacant property /0-2 Office There are no natural resources or cultural features associated with the site. COMPREHENSIVE PLAN: The Comprehensive Plan considers the subject parcel as being within the Historic Princess Anne Center, a subarea of Princess Anne Commons. It is not the intent of the Comprehensive Plan for this area to become part of the urban area north of the Green Line. Instead, the general goals for the land uses of this area are to encourage quality -planned development of a mix of public and private uses while designing with nature and providing exceptional open spaces. These goals include major transportation projects such as the widening of Princess Anne Road and the connection of Nimmo Parkway to General Boot+i Boulevard. Both are major roadways and integral parts of the City transportation system. The Comprehensive Plan recognizes that, when completed, Nimmo Parkway will be the major east -west arterial roadway in this area. (p. 4-1, 4-3) CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Princess Anne Road adjacent to the site is a two-lane undivided suburban major arterial. The Princess Anne Road Phase IV 7 -ELEVEN, INC. Agenda Item 8 Page 2 (CIP 2.305) project is currently underway to widen Princess Anne Road to a divided four -lane section with multi -use paths. Completion of this VDOT-administered project is scheduled for June 5, 2014. Nimmo Parkway adjacent to the site is a four -lane divided suburban major arterial that currently terminates at Princess Anne Road. The Princess Anne Road Phase IV (CIP 2.305) project will extend Nimmo Parkway to Holland Road, and this segment of the project is anticipated to be complete by November 2011. Nimmo Parkway will be further extended to General Booth Boulevard by the Nimmo Parkway Phase V-A (CIP 2.121) project, which is scheduled to be advertised for bids in July 2011. The site is located on an out parcel of the Courthouse Marketplace shopping center. The approved Traffic Impact Study (TIS) for Courthouse Marketplace did not anticipate a gas station with convenience store outparcel; however, in 2007 the City Council approved a conditional use permit for a Wawa gas station and convenience store at the subject site. The approved permit was for a gas station with sixteen fueling positions; this application is for a gas station with eight fueling positions. Thus, while the current proposal represents an increase in traffic compared to the approved TIS, it will be a reduction in traffic from the previously -approved gas station permit. The subject out parcel does not have direct access to any public street. Through the Courthouse Marketplace shopping center, there are two direct access points to Nimmo Parkway. There is also an approved right -in only access point on Princess Anne Road that has not yet been connected to Princess Anne Road. The approved Courthouse Marketplace TIS stipulated that if a traffic signal were to become warranted at either access point on Nimmo Parkway, this signal would be installed at the western entrance which is the intersection of Nimmo Parkway and George Mason Drive. Additionally, the median opening at the eastern entrance (closest to the subject site) would be closed to eliminate left -turn movements. These measures are a Public Works requirement because signalization of the eastern entrance would cause major operational problems for Nimmo Parkway. A full traffic signal surety has been posted by the Harris Teeter, Sun Trust Bank, and Wendy's in Courthouse Marketplace for the signal that will be installed at the Nimmo Parkway/George Mason Drive intersection if a traffic signal becomes warranted. Traffic Engineering requested extension of this surety in March 2010. As with the Wawa before it, the 7-11 will be required at site plan submittal stage to bond for the cost of roadway improvements required to close the median crossing on Nimmo Parkway at the easternmost entrance to Courthouse Marketplace opposite the judicial Center. The bond will be called if a traffic signal is warranted and is built at the Nimmo Parkway/George Mason Drive intersection. A right -in -only access point for Courthouse Marketplace on Princess Anne Road was approved but never completed. Completion of this access point will be part of the Princess Anne Road Phase IV (CIP 2.305) project. The conceptual site layout shows the 7 -Eleven accessing the private access street from Princess Anne Road into Courthouse Marketplace. This is a one-way access that will allow left -turns into and out of the 7 -Eleven; however right -turns from the parcel towards Princess Anne Road will not be permitted. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Nimmo Parkway N/A ADT 34,900 ADT Existing Land Use 2 — 2,604 ADT (163 Am Peak Princess Anne 24,500 ADT' 17,100 ADT' Hour/214 PM Peak Hour) Road Future Capacity 34,900 ADT Proposed Land Use 3 — 1,468 ADT (81 AM Peak Hour/136 PM Peak Hour 7 -ELEVEN, INC. Agenda Item 8 Page 3 Average Daily Trips 2 as defined by a WaWa Convenience Store with 16 fueling stations 3 as defined by a 7 -Eleven Convenience Store with 8 fueling stations and 3,000 square feet of retail WATER: This site must connect to City water. There is a 12 inch city water main in Nimmo Parkway. SEWER: A variance was approved in March 2006 to allow any separately platted outparcel from Courthouse Marketplace Shopping Center to connect to the shopping center's existing private gravity sanitary sewer. There is a 42 inch HRSD force main in Nimmo Parkway. A 6 inch city force main and an 8 inch private gravity sanitary sewer main are located in an access road adjacent to the site. EVALUATION AND RECOMMENDATION Staff recommends approval of this requested Conditional Use Permit as conditioned below. The request is consistent with the recommendations of the Comprehensive Plan for the area. The site design and building architecture are designed to complement the existing Courthouse Marketplace shopping center. Therefore staff finds the request acceptable. CONDITIONS 1. The site shall be developed substantially in accordance with the submitted "Conceptual Site Layout and Landscape Plan of 7 -Eleven at Courthouse Marketplace, Princess Anne Road and Nimmo Parkway, Virginia Beach, Virginia", prepared by MSA, P.C., and dated 11/30/10. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. The proposed building and canopy shall be developed substantially in accordance with the submitted elevation entitled "7 Eleven & Retail Shops at Courthouse Marketplace, Virginia Beach, Virginia", dated January 11, 2011, and prepared by Randolph T. Hicks, Architect. Said elevation has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 3. The applicant / owner shall submit a Lighting Plan and/or Photometric Diagram Plan detailed site plan review. Lighting shall overlap and be uniform throughout the parking area. All lighting on the site shall be consistent with those standards recommended by the Illumination Engineering Society of North America. The plan shall include provisions for implementing low-level security lighting for non -business hours. 4. Signage for the site shall be limited to: a. Directional signs; b. One monument style freestanding sign on a brick base to match the building brick and two building and / or canopy signs; c. Striping on the canopy shall be limited to 10 feet on each side of the canopy or one-quarter of the length of each side. Signage on the canopy shall not be internally or externally illuminated. d. There shall be no other signage such as LED signs, neon signs or neon accents installed on any wall area of the building, on and or in the windows and or doors, on the canopy, canopy columns, light poles, or any other portion of the site. There shall be no pennants, banners, and or portable signs on the site. 5. The applicant shall install bicycle racks on the site near the entrance of the convenience store entrance. 7 -ELEVEN, INC. Agenda Item 8 Page 4 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. 7 -ELEVEN, INC. Agenda Item 8 Page 5 -Sho.pping CeMer Iw PROPOSED SITE PLAN 7 -ELEVEN, INC. Agenda Item 8 Page 7 i a w U Q Q N J ad =w- � ED 14 3 J LL Q N - f Q -' YF C I r W GG a R W m i c W ❑ C C I> J w �a v PROPOSED BUILDING ELEVATION 7 -ELEVEN, INC. Agenda Item 8 PRINCESS ANNE slap I -I2 7 -Eleven_ Int i •, AG1 65-71) dB AGI '.* / -- 10 V 42 AG2 A 2 0 \ B2* AGI OM Area 2 /40 G1% AGI r AG2 WD -D CD Hx; HCD HCD HCD p. \H� .D HCCi � t�d „C B1 42 02 AG, ©2 -Lorritry with Conditions Protters, Open Space Promotion or PUH -2 Overlays HCD = Historical and C altntal District Overlay CUP for Fuel Sales - Convenience Store Modification of Conditions # DATE REQUEST ACTION 1. 3/27/07 Modification of Proffers and Conditional Use Permit (Automobile Approved Service Station) 6/8/04 Rezoning (AG -1 & AG -2 Agricultural and B-1 Business with a Approved Historic and Cultural Overlay) 2/13/78 Rezoning AG -1 & AG -2 Agricultural and B-1 Business Approved 2. 5/10/05 Conditional Use Permit Communications Tower Approved 3. 9/27/94 Rezoning AG -1 Agricultural to R-10 Residential Withdrawn 4. 2/12/08 Modification Approved 10/26/93 Conditional Use Permit Church Approved 5. 10/21/85 Rezoning (AG -1 Agricultural to B-2 Business, Modified to B-1 Approved Business 6. 8/9/95 Modification Approved 1/19/81 Rezoning (AG -1 Agricultural to B-1 Business) Approved 7. 9/22/98 Rezoning AG -2 Agricultural to Conditional B-2 Business Approved ZONING HISTORY 7 -ELEVEN, INC. Agenda Item 8 Page 9 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) Applicant, 7 -Eleven, Inc. 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) See attached sheet. ❑ 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) Courthouse Marketplace Outparcel, L.L.C., a Virginia limited liability company Daniel A. Hoffer, Louis S. Haddad and Anthony P. Nero, Managers 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ArmadaMoffler Properties II, LLC is the 100% member of the LLC See attached sheet for list of members of Armada Hoffler II, LLC ❑ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 8 2See 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? Modbleatlon of Conditions Application Page 10 of 11 Revised 7!3/07 7 -ELEVEN, INC. Agenda Item 8 Page 10 Applicant Disclosure 2. Businesses that have a Parent — subsidiary or Affiliated Business Entity Relationship with 7 -Eleven, Inc. Ito-Yokado Co., Ltd. Seven - Eleven Japan Co., Ltd. IYG Holding Company Jurisdiction of Incorporation ACTIVE: Bawco Corporation ----------------__—__—__—_—___—____—___—____ ___ Ohio Bev of Vermont, Inc. _ _-----------------_-------------- — ------_----Vermont Brazos Comercial E Empreendimentos Ltda.--------- --------- --- ----- Brazil Cityplace Center East Corporation -------------------------- - ----- --- Texas Citypiace Nevada L.L.C.---------------------------- -- ---------- Nevada Melin Enterprises, Inc. ------------- —------ -------- — --- — -- — Colorado Phil -Seven Properties Corporation --------------------------------- Philippines Puerto Rico - 7, Inc. ___ -----------------_-------___---------Puerto Rico Sao Paulo -Seven Comercial, S.A.------------------------------------------ _Brazil 7 -Eleven Beverage Company, Inc. ------- ----------------------------- Texas 7 -Eleven of Idaho, Inc. - - -----____—__--____--___—_____ _—__________—__ Idaho 7 -Eleven of Massachusetts, Inc. — -------------------__________Massachusetts 7 -Eleven of Nevada, Inc. ------------ Delaware 7 -Eleven of Virginia, Inc. ---- ---------------------_____—___—___—____—Virginia 7 -Eleven Sales Corporation -----------------------_--__—_—_ Texas 7 -Eleven Canada, Inc. -------- ------------ --_—____—___— ------- Canada 7 -Eleven International, Inc.----------------------------__—__ Nevada Southland International Investment Corporation N.V.-------------------- Netherlands Antilles 7 -Eleven Sales Corporation -------_—______—__________—_______—____ ____—__— Texas TSC Lending Group, Inc. -----_------------------ — ---- -------_—_---_—_-- Texas Vaiso, S.A. -- —_ ------ — ___— _-- --- —_—_— -------------- Mexico INACTIVE: Lavicio's, Inc. -----------------------------------_---California MTA CAL, Inc. ----___—__--_--____—_--_ ___ _ _ _____—_—_—___ California The Southland Corporation------------ -- -------------- --—____—__—__ Texas 7 -Eleven Limited ----------------------------------_— United Kingdom 7 -Eleven Pty. Ltd. 7 -Eleven Stores (NZ) Limited ----------------- -- —--__—___—__ New Zealand SLC Financial Services, Inc. --------------------------- _—___—___________—___ Texas The Seven Eleven Limited ---________--__—_______________________—___________—__Hong Kong DISCLOSURE STATEMENT 7 -ELEVEN, INC. Agenda Item Page 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) Werhnuin Rank- N A - rurront IAnrlar Randy Hicks - Architects LeClairRyan, a Professional corporation MSA Engineering - Surveyor Pioneer Title Armada Hoffier Development Company, LLC & Armada Hoffler Construction Company ' "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 (1) 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 dose working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is 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. 7 -Eleven, Inc. kgz'R &�:� . _(&� Stephen R. Romine, Esq., LeClairRyan plican s Signature 1 10 Print Name Courthouse Marketplace Outparoels, LLC. Property Owner's Signature (if different than applicant) Print Name Modllfcation of Conditions Application Page 11 of 11 Revised 7/3@007 rliii 00 7 -ELEVEN, INC. Agenda Item 8 Page 12 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) ' "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 (ii) 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. Stephen R. Romine, Esq., LeCleirRyan Appli is u Print Name 4fi Property Owner's Signature (if different than applicant) Print Name' I . A , Page 11 of 11 Revised 7/3!2007 7 -ELEVEN, INC. Agenda Item 8 Page 13 Item #7 & 8 7 -Eleven, Inc. Modification of Conditional Change of Zoning 2448 Nimmo Parkway Modification of a Conditional Use Permit 2448 Nimmo Parkway District 7 Princess Anne February 9, 2011 CONSENT An application of 7 -Eleven, Inc for a Modification of Conditional Change of Zoning approved by City Council on June 8, 2004 and modified on March 27, 2007; and a Conditional Use Permit for an automobile service station with a convenience store on property located at 2448 Nimmo Parkway, District 7, Princess Anne. GPIN: 1494-63-7921- 0000; 1494-63-8788-0000. 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: Proffer number "2" in the 2003 Proffers, as amended by the First Amendment, is further amended to read: The Conceptual Site Plans depict outparcels and illustrate a possible development layout for each. With respect to Outparcels numbered 1, 2, 3 and 4, the possible development layout for each is hereby modified by the "Conceptual Site Layout & Landscape Plan of 7 -ELEVEN AT COURTHOUSE MARKETPLACE", dated 11/30/10, prepared by MSA, P.C. (hereinafter referred to as the "Revised Modified Partial Conceptual Site Plan"), which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. In accordance with Section 1304 of the Comprehensive Zoning Ordinance (CZO), a General Certificate of Appropriateness shall be obtained from the Department of Planning prior to development of the Property. The General Certificate of Appropriateness may be issued following review by the Historic Review Board of the architectural style and building materials of the structures, the location, size, number and character of the proposed signage, and the proposed exterior lighting arrangements. A site plan and rendering(s) for any building(s) to be constructed on each outparcel depicted on the Conceptual Site Plans or Revised Modified Partial Conceptual Site Plan must be approved by the Planning Director, prior to the issuance of a building permit. PROFFER 2: Proffer number 4 in the 2003 Proffers, as amended by the First Amendment, is further amended to read: When the Property is developed, no internally illuminated, building mounted signage will be permitted. With the exception of Parcel 1 as depicted on the "Revised Modified Partial Conceptual Site Plan", all parcels depicted in the Revised Modified Partial Conceptual Site Plan and those outparcels decocted on the original "Conceptual Site Plan", which outparcels are not being modified herein, shall be restricted to building mounted signs only. The only freestanding signage permitted on the Property, shall be one along the frontage of Ferrell Parkway/Princess Anne Road, one along the frontage of Nimmo Parkway, and an internally illuminated monument sign on Parcel 1. PROFFER 3: All of the terms, conditions, covenants, servitudes and agreements set forth in the 2003 Proffers and the First Amendment recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument # Item #7 & 8 7 -Eleven, Inc. Page 2 200407120106393 and 20070330000425420, save and except, Proffers 2 and 4, as specifically amended and modified herein, shall remain in force and effect, running with the Property and binding upon the Property and upon all parties and persons claiming under, by or through the Grantor, its heir, personal representatives, assigns, tenants, and other successors in interest or title. STAFF COMMENTS: The City Attorney's Office has reviewed the proffer agreement dated January 24, 2011, and found it to be legally sufficient and in acceptable legal form. CONDITIONS 1. The site shall be developed substantially in accordance with the submitted "Conceptual Site Layout and Landscape Plan of 7 -Eleven at Courthouse Marketplace, Princess Anne Road and Nimmo Parkway, Virginia Beach, Virginia", prepared by MSA, P.C., and dated 11/30/10. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. The proposed building and canopy shall be developed substantially in accordance with the submitted elevation entitled "7 Eleven & Retail Shops at Courthouse Marketplace, Virginia Beach, Virginia", dated January 11, 2011, and prepared by Randolph T. Hicks, Architect. Said elevation has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 3. The applicant / owner shall submit a Lighting Plan and/or Photometric Diagram Plan detailed site plan review. Lighting shall overlap and be uniform throughout the parking area. All lighting on the site shall be consistent with those standards recommended by the Illumination Engineering Society of North America. The plan shall include provisions for implementing low-level security lighting for non -business hours. 4. Signage for the site shall be limited to: a. Directional signs; b. One monument style freestanding sign on a brick base to match the building brick and two building and / or canopy signs; c. Striping on the canopy shall be limited to 10 feet on each side of the canopy or one-quarter of the length of each side. Signage on the canopy shall not be internally or externally illuminated. d. There shall be no other signage such as LED signs, neon signs or neon accents installed on any wall area of the building, on and or in the windows and or doors, on the canopy, canopy columns, light poles, or any other portion of the site. There shall be no pennants, banners, and or portable signs on the site. 5. The applicant shall install bicycle racks on the site near the entrance of the convenience store entrance. 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. AYE 10 NAY 0 ABS 1 ABSENT 0 Item #7 & 8 7 -Eleven, Inc. Page 3 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND ABS RIPLEY AYE RUSSO AYE STRANGE AYE THORNTON AYE By a vote of 10-0, with the abstention so noted, the Board approved items 7 & 8 for consent. Stephen Romine appeared on behalf of the applicant. Nu �, tF CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH — COMMERCIAL AND RECREATIONAL VEHICLES AMENDMENTS — An Ordinance to amend portions of Sections 104, 203, and 205 of the City Zoning Ordinance pertaining to commercial and recreational vehicles. MEETING DATE: May 10, 2011 ■ Background: Currently, the City Zoning Ordinanc commercial or recreational vehicles. regarding the parking of commercial Ordinance. These provisions will be Maintenance Code, for enforcem, Neighborhood Preservation. .e has regulations regarding the parking of This amendment will remove all regulations or recreational vehicles from the City Zoning moved to Chapter 16 Housing and Building mt by the Department of Housing and ■ Considerations: Staff recommends approval of the proposed amendment. There was no opposition to the request. ■ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request to the City Council. ■ Attachments: Staff Review Ordinance Minutes of Planning Commission Hearing Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: p�y,Z 11 April 13, 2011 Public Hearing CITY OF VIRGINIA BEACH ORDINANCE TO AMEND PORTIONS OF SECTIONS 104,203 AND 205 OF THE CITY ZONING ORDINANCE PERTAINING TO COMMERICAL AND RECREATIONAL VEHICLES REQUEST: An Ordinance to amend portions of Sections 104, 203 and 205 of the City Zoning Ordinance pertaining to Commercial and Recreational Vehicles. SUMMARY OF AMENDMENT Currently, the City Zoning Ordinance has regulations regarding the parking of commercial or recreational vehicles. The attached amendment will remove all regulations regarding the parking of commercial or recreational vehicles from the City Zoning Ordinance. These provisions will be moved to Chapter 16 Housing and Building Maintenance Code, for enforcement by the Department of Housing and Neighborhood Preservation. RECOMMENDATION Staff recommends approval of the proposed amendment. CITY OF VIRGINIA BEACH — Commercial and Recreational Vehicles Agenda Item 11 Page 1 1 AN ORDINANCE TO AMEND PORTIONS OF 2 SECTIONS 104, 203 AND 205 OF THE CITY 3 ZONING ORDINANCE PERTAINING TO 4 COMMERCIAL AND RECREATIONAL 5 VEHICLES 6 7 Sections Amended: §§ 104, 203 and 205 8 9 WHEREAS, the public necessity, convenience, general welfare and good zoning 10 practice so require; 11 12 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 13 BEACH, VIRGINIA: 14 15 That Sections 104, 203 and 205 of the City Zoning Ordinance are hereby 16 amended and reordained to read as follows: 17 18 ARTICLE 1. GENERAL PROVISIONS 19 20 .... 21 22 Sec. 104. Violations and penalties. 23 24 .... 25 26 (b) Any person who violates any provision of Part B of Article 2 hereof eFsestiee 27 203(d) o 205 shall be assessed a civil penalty in the amount of two hundred 28 dollars ($200.00) for the initial summons and not more than five hundred 29 dollars ($500.00) for each additional summons. The assessment of a civil 30 penalty shall not preclude the institution of a civil action by the zoning 31 administrator pursuant to section 103(a) of this ordinance, but no such 32 violation shall, unless it results in injury to any person, be prosecuted as a 33 criminal misdemeanor, provided however that when such civil penalties total 34 five thousand dollars ($5,000.00) or more, the violation may be prosecuted 35 as a criminal misdemeanor. 36 37 .... 38 39 40 ARTICLE 2. GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE TO 41 ALL DISTRICTS 42 43 A. REGULATIONS RELATING TO LOTS, YARDS, HEIGHTS, OFF-STREET 44 PARKING AND OFF-STREET LOADING 45 46 .... 47 48 Sec. 203. Off-street parking requirements. 49 50 .... 51 552 (d) mm iv ial VehiGuiaF aFkinParking of a GGF �n�_ �m�ialy �nT 53 \ / Fesidential or apa . t distFoGtS shall be pFehibited, XG ni that one 54 55 nnGtt-eXGe d coven (7) feet in height or twen1, Mil\ feet in length may he 56 parker) nn any Int where there lonaterd a main by a resident of the 57 58 59 reeodenti�aa_rrea The perking of semitrailers fpr oommeroial or industrial 60 Reserved. 61 62 .... 63 64 Sec. 205. Major rerreational equipment. Reserved. 65 66 (a) Ne major FeGreational equipment shall be parked in any publiG street or 67 . 68 69 , 70 . 71 72 (o) In A(_` 2 DistFiGts, Ree such equip m eRt shall he park ,d or stered�ny 73 required yard adjaoent to a street nor oloser than three (3) feet to any Int line 74 75 , major reGFeatio 76 - tshall�J i+�'ee�,�anneccnni to a permitter) prinnipal 77 "�`7re'.r'..a„d 6ubjeGt ;n t� ��iing limittatetJ. S inh equipment be paaFk 78 tttl-� CGtl ot only within a buildiRg oF behind eveFy plane of a stFuGtuFe 79 80 IGt6, 81 that ie nlearly aprd nhvciGally the rear of the Int previ decd that it is substantially 82 enreenerd from the puhlio right of way with a six feet solid fenoe or equivalent 83 vegetationorland^-sGaping. On E;OF}�.eF lots�;he mea � a„ alsg 84 paFke��t7stoFeq-R the Terni-gGf the lottha�viearhi and physiGally the 85 zapofthe let abehindtheplane n� f�hGuse parallel and nlncect to the 86 publF6right -6 — ipm y hepaparnked ee-rnrtireij'r-within a 87 dFiveway for a peroGd- n G- t t. 0- le.� Geed twenty four (24) hows dwing loading 0 F 88 unloading.F ppsee-sef this senti�Re te{ "eway" shall innlurde any 89 , that GGR6totutes an appFe 90 91 92 = \ Where then el use of buildiRg ie nomrrmwGial husinec j or iprd� retrial 93mainrvr vTratoonal vehi ides may parkeed-ureatooreed as uwcssep use6—, 94 limitations and regi oremente of the rdictriot are met 95 COMMENT 96 97 These amendments will remove all regulations regarding the parking of commercial or 98 recreational vehicles from the City Zoning Ordinance. These provisions will be moved to Chapter 99 16, Housing and Building Maintenance Code, for enforcement by the Department of Housing and 100 Neighborhood Preservation. 101 102 This ordinance shall take effect on July 1, 2011. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2011. APPROVED A O CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: r N1Panning City Attorney's Office CA 11824 R-3 March 22, 2011 Item #11 City of Virginia Beach An ordinance to amend portions of Sections 104, 203 and 205 of the City Zoning Ordinance pertaining to the commercial and recreational vehicles April 13, 2011 CONSENT An ordinance to amend portions of Sections 104, 203 and 205 of the City Zoning Ordinance pertaining to commercial and recreational vehicles. AYE 10 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE THORNTON AYE NAY 0 ABS 0 ABSENT 1 By a vote of 10-0, the Board approved item 11 for consent. Karen Lasley appeared before the Board. ABSENT CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH - SIGN POSTING AMENDMENT - An Ordinance to amend Section 108 of the City Zoning Ordinance pertaining to the Posting of Signs relating to certain rezoning, etc. applications. MEETING DATE: May 10, 2011 ■ Background: The amendment provides that City -initiated requests for rezoning, use permits and other applications involving more than twenty-five (25) parcels of land are exempt from the requirement that a sign be posted. All other requirements of law pertaining to notice and advertising are not affected by the amendment, as they are imposed by state law. This amendment is necessary in order to avoid cases in which the City would be required to post numerous signs in close proximity to each other for major rezoning (and other types of City Council actions) that have already been well-publicized, and in which the posting of signs would result in an overwhelming amount of sign clutter. This proposed amendment takes on even greater significance for future large-scale rezonings, inasmuch as the City intends the Oceanfront Resort District to be the first of several form -based zoning districts, each of which will require the rezoning of a considerable number of parcels. ■ Considerations: Staff recommends approval of the proposed amendment. There was no opposition to the request. ■ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request to the City Council. ■ Attachments: Staff Review Ordinance Minutes of Planning Commission Hearing Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manage . �y'Z. 13 April 13, 2011 Public Hearing CITY OF VIRGINIA BEACH ORDINANCE TO AMEND SECTION 108 OF THE CITY ZONING ORDINANCE PERTAINING TO THE POSTING OF SIGNS RELATING TO CERTAIN REZONING, ETC. APPLICATIONS REQUEST: An Ordinance to amend Section 108 of the City Zoning Ordinance pertaining to the Posting of Signs Relating to Certain Rezoning, etc. Applications. SUMMARY OF AMENDMENT The amendment provides that City -initiated requests for rezoning, use permits and other applications involving more than twenty-five (25) parcels of land are exempt from the requirement that a sign be posted. All other requirements of law pertaining to notice and advertising are not affected by the amendment, as they are imposed by state law. The attached amendment is necessary in order to avoid cases in which the City would be required to post numerous signs in close proximity to each other for major rezoning (and other types of City Council actions) that have already been well-publicized, and in which the posting of signs would result in an overwhelming amount of sign clutter. This proposed amendment takes on even greater significance for future large-scale rezonings, inasmuch as the City intends the Oceanfront Resort District to be the first of several form -based zoning districts, each of which will require the rezoning of a considerable number of parcels. RECOMMENDATION Staff recommends approval of the proposed amendment. CITY OF VIRGINIA BEACH — POSTING OF SIGNS Agenda Item 13 Page 1 1 AN ORDINANCE TO AMEND SECTION 108 OF THE 2 CITY ZONING ORDINANCE, PERTAINING TO THE 3 POSTING OF SIGNS RELATING TO CERTAIN 4 REZONING, ETC. APPLICATIONS 5 6 Section Amended: City Zoning Ordinance Section 7 108 8 9 WHEREAS, the public necessity, convenience, general welfare and good zoning 10 practice so require; 11 12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 13 VIRGINIA BEACH, VIRGINIA: 14 15 Sec. 108. Posting of signs relating to applications for rezoning, etc. 16 17 (a) In any case in which a property owner or other authorized person petitions 18 the city council for the approval of any application seeking a rezoning, conditional use 19 permit, approval of a PD -H1 or PD -1-12 land use plan, resolution pertaining to a 20 nonconforming use or structure, subdivision or floodplain variance or reconsideration of 21 conditions, the applicant shall erect, on the property which is the subject of the 22 application or within the unimproved portion of the abutting public street, a sign of a 23 size, type and lettering approved by the planning director. All such signs shall be posted 24 and maintained in such manner as to be unobscured by vegetation or other 25 obstructions. One such sign shall be posted within ten (10) feet of the paved portion or, 26 if present, the sidewalk of every public street adjoining the property or in such alternate 27 location or locations as may be prescribed by the planning director. Such sign shall be 28 erected not less than thirty (30) days before the planning commission hearing, or if 29 none, the city council hearing, and shall state the nature of the application and date and 30 time of the hearing. Such signs may not be removed until the city council has acted 31 upon the application, and shall be removed no later than five (5) days thereafter. In any 32 case in which the planning commission or city council determines that the requirements 33 of this section have not been met, the application shall be deferred; provided, however, 34 that the city council may, for any other appropriate reason, deny such application. 35 36 (b) Applications before the board of zoning appeals shall be subject to the 37 requirements of subsection (a) hereof. Any application in which such requirements have 38 not been met may be deferred or denied by the board. 39 40 (c) No person having actual notice of an application for which a sign is 41 required to be posted by this section, or to whom a written notice meeting the 42 requirements of Code of Virginia § 15.2-2204 has been mailed, shall contest the validity 43 of any city council action by reason of the applicant's failure to comply with the 44 provisions of this section. Nothing in this subsection shall be construed to create any 45 new right to contest the action of the city council. 46 47 (d) The provisions of this section shall not apply to applications initiated by the 48 City in which the subject property consists of more than twenty-five (25) parcels of land. 49 50 51 COMMENT 52 53 The amendments provide that City -initiated applications for rezoning, use permits, etc. in 54 which more than twenty-five (25) parcels of land are involved are exempt from the requirement 55 that a sign be posted. All other requirements of law pertaining to notice and advertising are not 56 affected by the amendment, as they are imposed by state law. These include the requirements that: 57 (1) the proposed action be advertised once per week for two successive weeks prior to both the 58 Planning Commission and the City Council public hearings; and (2) the owners of the subject 59 property, adjacent property owners, and owners of property directly across the street from affected 60 parcels be notified of the public hearings by letter. 61 62 The amendment is needed in order to avoid cases in which the City would be required to 63 post numerous signs in close proximity to each other for major rezonings (and other types of City 64 Council actions) that have already been well-publicized, and in which the posting of signs would 65 result in an overwhelming amount of sign clutter. As an example, the forthcoming proposal to 66 adopt a form -based zoning district (the "Oceanfront Resort District") will require the rezoning of 67 about nine hundred (900) parcels. Most of those parcels have 50 -foot frontages, such that, unless 68 the current posting requirement is amended, there would be a sign every fifty feet on both sides of 69 Atlantic and Pacific Avenues for their entire lengths from Rudee Inlet to 401h Street. Given that the 70 City is engaging in a concerted outreach effort to affected parcel owners, and that the City will be 71 required to meet the notice and advertising requirements mandated by state law, the posting of 72 signs would be superfluous, as well as unduly expensive and a source of clutter and litter. 73 74 The proposed amendment takes on even greater significance for future large-scale 75 rezonings, inasmuch as the City intends the Oceanfront Resort District to be the first of several 76 form -based zoning districts, each of which will require the rezoning of a considerable number of 77 parcels. 78 Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2011. WS Planning] Depa CA 11840 R-1 March 24, 2011 TO CONTENT nt APPROVED AS TO LEGAL SUFFI IENCY: City Attorney's Office Item #13 City of Virginia Beach An ordinance to amend Section 108 of the City Zoning Ordinance pertaining to the posting of Signs related to certain rezoning , etc. applications. April 13, 2011 CONSENT An ordinance to amend Section 108 of the City Zoning Ordinance pertaining to the posting of signs related to certain rezoning, etc. AYE 10 NAY 0 ABS 0 ABSENT 1 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE THORNTON AYE By a vote of 10-0, the Board approved item 13 for consent. ABSENT NU lE_ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH — ZONING ORDINANCE AMENDMENTS — An Ordinance to amend Sections 239.05, and1810 of the City Zoning Ordinance pertaining to the Comprehensive Plan. MEETING DATE: May 10, 2011 ■ Background: Currently, the City Zoning Ordinance contains references to the Comprehensive Plan. The Comprehensive Plan was adopted by City Council in December 2009 and amended several times thereafter due to the adoption of the Strategic Growth Area and Interfacilty Traffic Area master plans. This amendment is housekeeping measures that update the references to the Comprehensive Plan. ■ Considerations: Staff recommends approval of the proposed amendment. There was no opposition to the request. ■ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request to the City Council. ■ Attachments: Staff Review Ordinance Minutes of Planning Commission Hearing Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manage . � Z�d V)'-�1 12 April 13, 2011 Public Hearing CITY OF VIRGINIA BEACH ORDINANCE TO AMEND SECTIONS 239.05 AND 1810 OF THE CITY ZONING ORDINANCE PERTAINING TO THE COMPREHENSIVE PLAN REQUEST: An Ordinance to amend Sections 239.05 and 1810 of the City Zoning Ordinance pertaining to the Comprehensive Plan. SUMMARY OF AMENDMENT Currently, the City Zoning Ordinance contains references to the Comprehensive Plan. The Comprehensive Plan was adopted by City Council in December 2009 and amended several times thereafter due to the adoption of the Strategic Growth Area and Interfacilty Traffic Area master plans. The attached amendments are housekeeping measures that update the references to the Comprehensive Plan. RECOMMENDATION Staff recommends approval of the proposed amendment. CITY OF VIRGINIA BEACH — COMPREHENSIVE PLAN Agenda Item 12 Page 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 AN ORDINANCE TO AMEND SECTIONS 239.05 AND 1810 OF THE CITY ZONING ORDINANCE PERTAINING TO THE COMPREHENSIVE PLAN Sections Amended: City Zoning Ordinance Sections 239.05 and 1810 WHEREAS, the public necessity, convenience, general welfare and good zoning practice so require; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Sections 239.05 and 1810 of the City Zoning Ordinance are hereby amended and reordained to read as follows: ARTICLE 2. GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE TO ALL DISTRICTS C. CONDITIONAL USES AND STRUCTURES Sec. 239.05. Parking structures. (a) In addition to the general standards set forth in section 220, the city council shall consider the extent to which the following standards have been met in deciding applications for conditional use permits: (4) The architecture, building materials, signage and landscaping are of high quality and conform to the design standards for parking structures adopted as an appendix to the rempFehensive plan. set forth in the Comprehensive Plan Reference Handbook (Special Area Development Guidelines for Urban Areas and Special Purpose Guidelines re: Parking Structure Standards), ARTICLE 18. SPECIAL REGULATIONS IN AIR INSTALLATIONS COMPATIBLE USE ZONES (AICUZ) B. ACCIDENT POTENTIAL ZONE 1 (APZ-1) 47 .... 48 49 Sec. 1810. Design, etc., features; notice. 50 51 (a) Any of the uses enumerated in Section 1809 shall be allowed as a principal use 52 in the zoning districts designated therein if, in addition to all other applicable 53 requirements of this ordinance, the Planning Director finds that the utilization of the 54 following features is clearly sufficient to prevent any adverse impacts to residential or 55 apartment uses or other property within APZ-1: 56 57 .... 58 59 (8) Building design and exterior building materials substantially conform to such 60 of the "Design Guidelines for Primary Residential Area" set forth in Ghapter 7 of the 61GOMPTehensi a Planas aFe appFOPFmate f^Tthe use. the Comprehensive Plan 62 Reference Handbook (General Community Appearance Guidelines, Special Area 63 Development Guidelines and special Purpose Guidelines, as are appropriate for the 64 use). 65 66 .... 67 68 COMMENT 69 70 These amendments are housekeeping measures that update the references to the 71 Comprehensive Plan. Adopted by the City Council of the City of Virginia Beach on the day of .2011. Approved as to content: PlaIn ing Department CA11606 R-2 February 23, 2010 Approved as to legal sufficiency: City Attorney's Office 4 Item #12 City of Virginia Beach An ordinance to amend Sections 239.05 and 1810 of the City Zoning Ordinance pertaining to the Comprehensive Plan April 13, 2011 CONSENT An ordinance to amend Sections 239.05 and 1810 of the City Zoning Ordinance pertaining to the Comprehensive Plan. AYE 10 NAY 0 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY LIVAS AYE REDMOND AYE RIPLEY AYE RUSSO AYE STRANGE AYE THORNTON AYE ABS 0 ABSENT 1 By a vote of 10-0, the Board approved item 12 for consent. Bill Macali appeared before the Board. ABSENT ,ryC CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Referring to the Planning Commission an Ordinance to Amend Section 502 and 602 of the City Zoning Ordinance Pertaining to Setback Requirements for Certain Accessory Structures in the R -5D, R -5R, R-2.5 and Apartment Zoning Districts MEETING DATE: May 10, 2011 ■ Background: The ordinance referred to the Planning Commission by this resolution pertains to the setback requirements for accessory structures in the R -5R, R - 5D, R-2.5 and Apartment Zoning Districts. For single-family homes, sheds under 150 square feet and less than 8 feet high are allowed a five foot rear and side yard setback. The referred ordinance will extend this reduced setback to duplexes, semidetached dwellings, multi -family dwellings and townhomes. The ordinance was requested by Councilmember William R. DeSteph. ■ Considerations: Expanding the reduced setbacks for sheds will provide more uniformity to the setback requirements. This resolution will refer the ordinance to the Planning Commission for its comments and recommendation. ■ Attachments: Resolution, Ordinance Recommended Action: Adopt Resolution Submitting Department/Agency: Planning City Manager 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 REQUESTED BY COUNCILMEMBER WILLIAM R. DESTEPH A RESOLUTION REFERRING TO THE PLANNING COMMISSION AN ORDINANCE TO AMEND SECTION 502 AND 602 OF THE CITY ZONING ORDINANCE PERTAINING TO SETBACK REQUIREMENTS FOR CERTAIN ACCESSORY STRUCTURES IN THE R -5D, R -5R, R-2.5 AND APARTMENT ZONING DISTRICTS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the above -entitled ordinance, a copy of which is attached, is hereby referred to the Planning Commission for its consideration and recommendation. Adopted by the City Council of the City of Virginia Beach, Virginia, this day of 2011. APPROVED AS TO LEGAL SUFFICIENCY: Ciy A orney=ffic s e CA11857 �, R-2 April 28, 2011 1 REQUESTED BY COUNCILMEMBER WILLIAM R. DESTEPH 2 3 AN ORDINANCE TO AMEND SECTIONS 502 AND 4 602 OF THE CITY ZONING ORDINANCE 5 PERTAINING TO SETBACK REQUIREMENTS FOR 6 CERTAIN ACCESSORY STRUCTURES IN THE R -5D, 7 R -5R, R-2.5 AND APARTMENT ZONING DISTRICTS 8 9 Sections Amended: §§ 502 and 602 10 WHEREAS, the public necessity, convenience, general welfare and good zoning 11 practice so require; 12 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 13 BEACH, VIRGINIA: 14 That Sections 502 and 602 of the City Zoning Ordinance are hereby amended 15 and reordained to read as follows: 16 17 ARTICLE 5. RESIDENTIAL DISTRICTS. 18 19 .... 20 21 Section 502. Dimensional requirements. 22 23 .... 24 25 The following chart lists the requirements within the R -5D Residential District for 26 minimum lot area, width, yard spacing and maximum lot coverage for duplex and 27 semidetached dwellings. 28 29 (b) For duplex and semidetached dwellings in the R -5D Residential District: 30 31 TABLE INSET: Duplexes Semidetached (6.1) Minimum side yard setback for accessory structures no larger than 150 square feet in area and with an eave height no greater than 8 feet except 5 feet 5 feet when adjacent to a street (7.1) Minimum rear yard setback for accessory structures no larger than 150 square feet in area and 5 feet 5 feet with an eave height no greater than 8 feet except when adjacent to a street 32 33 The following chart lists the requirements within the R -5R Residential District for 34 minimum lot area, width, yard spacing and maximum lot coverage for duplex and 35 semidetached dwellings. 36 37 (b1) For duplex and semidetached dwellings in the R -5R Residential District: 38 39 TABLE INSET: Duplexes Semidetached (6.1) Minimum side yard setback for accessory structures no larger than 150 square feet in area and with an eave height no greater than 8 feet except 5 feet 5 feet when adiacent to a street (7.1) Minimum rear yard setback for accessory structures no larger than 150 square feet in area and 5 feet 5 feet with an eave height no greater than 8 feet except when adjacent to a street 40 41 The following chart lists the requirements within the R-2.5 Residential Districts for 42 minimum lot area, average lot area, lot width, yard spacing, maximum lot coverage and 43 maximum number of units that can be attached for attached dwellings (townhouses). 44 45 (c) For attached dwellings (townhouses): 46 47 TABLE INSET: Residential Districts R-2.5 (7.1) Minimum side yard setback for accessory structures no larger than 150 square feet in area and with an eave height no greater than 8 feet except when 5 feet adjacent to a street (9) Minimum rear yaFd onnossnni b ildiRgs loss than 100 6g„e feeT Minimum rear yard setback for accessory structures no larger than 150 square feet in 5 feet area and with an eave heiaht no areater than 8 feet except when adjacent to a street 48 ARTICLE 6. APARTMENT DISTRICTS. 49 50 .... 51 52 Section 602. Dimensional requirements. 53 54 .... 55 56 The following chart lists the requirements within the A-12 through A-36 57 Apartment Districts for minimum lot area, width, yard spacing and maximum lot 58 coverage for semidetached dwellings. 59 60 (a) For semidetached dwellings: 61 62 TABLE INSET: (4.1) Minimum side yard setback for accessory structures no larger than 150 square feet in area and with an eave height no greater than 8 feet except when adiacent to a street (5.1) Minimum rear yard setback for accessory structures no larger than 150 square feet in area and with an eave height no greater than 8 feet except when adiacent to a street ;:1? Apartment Districts A-12 A-18 A-24 A-"'6 5 feet 5 feet 5 feet 5 feet 5 feet 5 feet 5 feet 5 feet 64 The following chart lists the requirements within the A-12 through A-36 65 Apartment Districts for minimum lot area, width, yard spacing and maximum lot 66 coverage for duplex dwellings. 67 68 (b) For duplex dwellings: 69 70 TABLE INSET: Apartment Districts (4.1) Minimum side yard setback for accessory structures no larger than 150 square feet in area and with an eave height no greater than 8 feet except when adjacent to a street A-12 A-18 A-24 A-36 5 feet 5 feet 5 feet 5 fw�et (5.1) Minimum rear yard setback for accessory structures no larger than 150 square feet in area 5 feet 5 feet 5 feet 5 feet and with an eave height no greater than 8 feet except when adjacent to a street 71 72 The following chart lists the requirements within the A-12 through A-24 73 Apartment Districts for minimum lot area, width, yard spacing, maximum lot coverage, 74 maximum density and maximum number of units constructed in a single building for 75 single-family attached dwellings (townhouses). 76 77 (c) For attached dwellings (townhouses): 78 79 TABLE INSET: Apartment Districts A-12 A-18 A-24 (7.1) Minimum side yard setback for accessory structures no larger than 150 square feet in area and with an eave height no greater than 8 feet 5 feet 5 feet 5 feet except when adjacent to a street (9) Minim T aF yaFd aGGes nni builydiRgS loss +haR 100 sirs aFe feet, i�T Minimum rear yard setback for accessory structures no larger than 150 5 feet 5 feet 5 feet square feet in area and with an eave height no .greater than 8 feet except when adjacent to a street 80 81 The following chart lists the requirements within the A-12 through A-36 82 Apartment Districts for minimum lot area, width, yard spacing, maximum lot coverage, 83 and maximum density for multiple -family dwellings. 84 85 (d) For multiple -family dwellings: 86 TABLE INSET: (4.1) Minimum side yard setback for accessory structures no larger than 150 square feet in area and with an eave height no greater than 8 feet except when adjacent to a street Apartment Districts A-12 A-18 A-24 A-36 5 feet 5 feet 5 feet 5 feet (5.1) Minimum rear yard setback for accessory structures no larger than 150 square feet in area 5 feet 5 feet 5 feet 5 feet and with an eave height no greater than 8 feet except when adjacent to a street 88 COMMENT 89 90 Accessory structures less than 150 square feet and with an eave height no greater than 8 feet 91 can be placed with 5 foot rear and side yard setbacks for single-family dwellings. These 92 amendments will expand to duplex, semidetached, multi -family and attached dwellings the reduced 93 setbacks for side and rear yards that are now available for single-family dwellings. 94 95 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 96 of 2011. APPROVED AS TO CONTENT: CA11856 R-3 April 28, 2011 APPROVED AS TO LEGAL SUFFICIENCY: City Attorney-Vt-Qffice L. APPOINTMENTS HUMAN RIGHTS COMMISSION MINORITY BUSINESS COUNCIL TOWING ADVISORY BOARD WORKFORCE HOUSING ADVISORY BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS • . 1 011130M �1 I Y PUBLIC COMMENT Non -Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 NATIONAL NIGHT OUT OCTOBER 4, 2011 Agenda 05/10/2011 gw CITY OF VIRGINIA BEACH CITYCOUNCIL'S BRIEFING A. VIRGINIA BEACH TRANSIT EXTENSION STUDY Philip Shucet, President and CEO — Hampton Roads Transit SUMMARY OF COUNCIL ACTIONS II CITY MANAGER'S BRIEFING DATE: 04/26/2011 B A. INTERIM FINANCIAL STATEMENT Patricia Phillips, PAGE: 1 E D S Director - L E D H E W AGENDA L D S I E J S U I ITEM # SUBJECT MOTION VOTE I A T E D N O S H L W T V E Z Y L N O R S O T I P E E E E M I O O O S H L R Y S S N N D 1 CITYCOUNCIL'S BRIEFING A. VIRGINIA BEACH TRANSIT EXTENSION STUDY Philip Shucet, President and CEO — Hampton Roads Transit II CITY MANAGER'S BRIEFING A. INTERIM FINANCIAL STATEMENT Patricia Phillips, Director - Finance III/IV/V FY 2011-2012 MANAGEMENT RESOURCE PLAN - A. COMPENSATION Regina Hilliard, Director — Human Resources B. QUALITY ORGANIZATION 1. Overview Catheryn Whitesell, Director — Management Services 2. Communications and Informational Gwen Cowart, Technology Director 3. Finance Patricia Phillips, Director 4. Human Resources Regina Hilliard, Director 5. City Attorney Mark Stiles 6. City Auditor Lyndon Remias 7. Municipal Council and City Clerk Ruth Hodges Fraser 8. City Assessor Jerry Banagan 9. General Registrar Pat Harrington 10. Management Services Catheryn Whitesell, Director 11. City Manager James Spore 12. Non Departmental Catheryn Whitesell, Director — Management Services CITY OF VIRGINIA BEACH CERTIFICATION OF CLOSED CERTIFIED 11-0 Y Y Y Y Y Y Y Y SUMMARY OF COUNCIL ACTIONS Y Y SESSION DATE: 04/26/2011 B F MINUTES— April 12, 2011 APPROVED 11-0 Y Y PAGE: 2 E Y D Y Y Y Y S G/H-1 PUBLIC HEARINGS: 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 VV 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 VUVII-E CERTIFICATION OF CLOSED CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y SESSION F MINUTES— April 12, 2011 APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y G/H-1 PUBLIC HEARINGS: FY 2010-2011 RESOURCE 21 Speakers MANAGEMENT PLAN FY 2010-2011 Operating Budget $1,738,745,393 FY 2010-2011 Capital Budget $ 310,183,256 2 LEASE OF CITY -OWNED PROPERTY No Speakers 301/303 Garcia Drive 3 FRANCHISE LEASES OF CITY- No Speakers OWNED PROPERTY 204 Grill Pizza The Yacht Club Cafd North Beach Cafd Lighthouse Cafd 18 Street Cafd Giovanni's Cafd Cancun Fiesta Dough Boys Cafd Sharx Cafd 4 SALE OF EXCESS PROPERTY No Speakers 1537/1541/1545 Indiana Avenue 240/246 Roselynn Lane 205 North Oceana Boulevard 5 SALE OF RESTRICTIVE EASEMENT No Speakers Landstown Road IIJ-1 Ordinances to AMEND the City Code: ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y CONSENT a. § 5-534 re dogs/horses on public or private property b. §§ 6-120.1/6-120.2 re personal watercraft/ regulation of rentals c. § 18-32 re permit for Pawnbrokers/Junk Dealers/Second Hand Dealers CITY OF VIRGINIA BEACH Ordinances to DECLARE City property ADOPTED BY 11-0 Y Y Y Y Y Y Y Y SUMMARY OF COUNCIL ACTIONS Y Y EXCESS/AUTHORIZE disposal/ BY CONSENT DATE: 04/26/2011 B necessary documents: PAGE: 3 E D S a. 1537/1541/1545 Indiana Avenue re L E D H E W AGENDA L D S I E J S U I ITEM # SUBJECT MOTION VOTE I A T E D N O S H L W T V E Z Y L N O R S O T I P E E E E M I O O O S H L R Y S S N N D 2 Ordinances to DECLARE City property ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y EXCESS/AUTHORIZE disposal/ BY CONSENT necessary documents: a. 1537/1541/1545 Indiana Avenue re Franciscus Homes, Inc. b. 240/246 Roselynn Lane re Franciscus Homes, Inc. c. 205 North Oceana Blvd. re Ocean Bay Homes, Inc. d. Restrictive easement in ITA/convey to USN 3 Ordinance to AUTHORIZE two (2) Leases ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y with VBCDC at 301/303 Garcia Drive CONSENT 4 Ordinance to GRANT Franchise ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Agreements for Open Air Cafes CONSENT a. 204 Grill Pizza b. The Yacht Club Cafe C. North Beach Cafe d. Lighthouse Cafe e. 18t' Street Cafe f. Giovanni's Cafe g. Cancun Fiesta h. Dough Boys Cafe i. Sharx Cafe 5 Resolution to AUTHORIZE application ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y for allocation of up to $10,000,000 through SUBSTITUTE VDOT Revenue Sharing re Nimmo RESOLUTION Parkway/AUTHORIZE all necessary BY CONSENT agreements 6 Resolution to AUTHORIZE EMS permit ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y private ambulance services to Eagle CONSENT Medical Transports 7 Resolution to South Hampton Roads ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Trail in Chesapeake/Portsmouth/Norfolk/ CONSENT Suffolk/Virginia Beach 8 Ordinance to AUTHROIZE ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y encroachments into portion of City - owned CONSENT property re Treasure Cove/Canal, for Gregory P./Beth A. Strangcways at 2317 Spindrift Road 9 Resolution to APPOINT Debra M. Bryan ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Associate City Attorney effective CONSENT May 2, 2011 CITY OF VIRGINIA BEACH Ordinance to APPROPRIATE $1,500 in ADOPTED BY 11-0 Y Y Y Y Y Y Y Y SUMMARY OF COUNCIL ACTIONS Y Y donations/$6,400 in revenue Sister Cities CONSENT DATE: 04/26/2011 B Association of Virginia Beach, Inc. PAGE: 4 E D S K-1 Variance to §4.4(b) of Subdivision APPROVED/ 11-0 L Y E D Y H Y E Y W Y AGENDA L D S I E J S U I ITEM # SUBJECT MOTION VOTE I A T E D N 0 S H L W' T V E Z Y L N 0 R S O T I P E E E E M I 0 0 L 0 I S I H I L I R I Y I S I S I N I N I D 10 Ordinance to APPROPRIATE $1,500 in ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y donations/$6,400 in revenue Sister Cities CONSENT Association of Virginia Beach, Inc. K-1 Variance to §4.4(b) of Subdivision APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y Ordinance that all lots meet CZO for CONDITIONED HERBERT S. MCCOY at 213 West BY CONSENT Lane. DISTRICT 6 — BEACH 2 Variance to §4.4(b) of Subdivision APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y Ordinance that all lots meet CZO for CONDITIONED TRAVIS/ANN FOX at Riddick BY CONSENT Lane/Indian River Road. DISTRICT 6 - PRINCESS ANNE 3 BAYBERRY RENTALS, LLL APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y Nonconforming Use to enlarge existing CONDITIONED duplex at 2301 Bayberry Street. BY CONSENT DISTRICT 5 — LYNNHAVEN 4 CRAB POT SEAFOOD T/A WICKERS APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y CRAB POT/RAY D. JR./MICHELLE CONDITIONED R. WICKER CUP re home occupation BY CONSENT at 3537 Byrn Brae Drive on Elizabeth River. DISTRICT 2 —KEMPSVILLE 5 S.S.K. HOSPITALITY, LLC CUP re DENIED 11-0 Y Y Y Y Y Y Y Y Y Y Y commercial parking lot at 395 Norfolk Avenue. DISTRICT 6 — BEACH 6 JIM CAPLAN/HIC, LLC/MACH ONE, APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y LLC/HIF, LLC CUP for indoor CONDITIONED recreation at 3877 Holland Road. BY CONSENT DISTRICT 3 - ROSE HALL 7 MADISON LANDING, LLC APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y Modification of Conditional COZ AS (approved April 8, 2008) at 827 Muth PROFFERED Lane. DISTRICT 4 - BAYSIDE CONSENT 8.a Ordinance to AMEND the City Zoning ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Ordinance (CZO): CONSENT a. Sections 401/901/1511/1512 re recreational facilities other than outdoor nature 8.b Sections 20/236 re off-street parking ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y requirements SUBSTITUTE ORDINANCE BY CONSENT 9 Ordinance to AMEND Comp Plan by ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y adopting Bikeways/Trails Plan/revising CONSENT Policy Document CITY OF VIRGINIA BEACH Ordinance to AMEND City's ADOPTED BY 11-0 Y Y Y Y Y Y Y Y SUMMARY OF COUNCIL ACTIONS Y Y Landscaping Guide to include CONSENT DATE: 04/26/2011 B Amendments re bicycle PAGE: 5 E D S parking/permeable paving system 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' E T V E Z Y L N O R S O T I P E E E E M I O O O I S I H I L I R I Y I S I S I N I I N D il 10 Ordinance to AMEND City's ADOPTED BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Landscaping Guide to include CONSENT Amendments re bicycle parking/permeable paving system L APPOINTMENTS LOCAL FINANCE BOARD RESCHEDULED B Y C O N S E N S U S MINORITY BUSINESS COUNCIL TOWING ADVISORY BOARD WORKFORCE HOUSING ADVISORY BOARD AUDIT COMMITTEE Reappointed: 3 year term, 05/01/2011- 04/30/2014 Stanwood Dickman, John E. Uhrin James L. Wood BEACHES and WATERWAYS Appointed: COMMISSION Unexpired term thru 06/30/2013 Michael L. Clark ENERGY ADVISORY COMMITTEE Appointed: No term Bryan Cuffee Richard Bowie Eileen Levandoski Hank Giffin C. Max Bartholomew Kelsey Jenkins Sarah Crosby HUMAN RIGHTS COMMISSION Appointed: 3 year term, 04/01/2011- 03/31/2014 Duff Kliewer Reappointed: 3 year term, 04/01/2011- 03/31/2014 Ronald L. Carter, James E. Parke CITY OF VIRGINIA BEACH MINORITY BUSINESS COUNCIL MINORITY SUMMARY OF COUNCIL ACTIONS BUSINESS DATE: 04/26/2011 B COUNCIL PAGE: 6 E D S Reappoined: 2 L E D H E W AGENDA L D S I E J S U I ITEM # SUBJECT MOTION VOTE I A T E D N O S H L W T V E Z Y L N O R S O T I P E E E E M I O O O S H L R Y S S N N D MINORITY BUSINESS COUNCIL MINORITY BUSINESS COUNCIL Reappoined: 2 year term, 06/01/2011- 05/31/2013 Wanda J. Cooper, Justo F. Manglicmot, Delceno C. Miles, Ferdinand V. Perez, John M. Williams LIMN ADJOURNMENT 7:00 PM