Loading...
HomeMy WebLinkAboutMAY 8, 2012 AGENDACITY COUNCIL MAYOR WILLIAM D. SESSOMS JR., At -Large VICE MAYOR LOUIS R. JONES, Bayside -District 4 GLENN R. DAVIS, Rose Hall - District 3 WILLIAM R. DeSTEPH, At -Large HARRY E. DIEZEI„ Kempsville -District 2 ROBERTM DYER, Centerville - District 1 BARBARA M. HEXLEY, Princess Anne — District 7 JOHN D.MOSS, At -Large 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 CITYASSESSOR JERALD D. BANAGAN CITY AUDITOR — LYNDON S. REMIAS CITY CLERK — R1ITH HODGES FRASER, MMC CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA 8 May 2012 CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-9005 PHONE:(757) 385-4303 FAX (75 7) 385-5669 E-MAIL: Ctycncl@vbgov.cont I. CITY COUNCIL LIAISON REPORTS - Conference Room - 3:30PM II. CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW IV. INFORMAL SESSION - Conference Room - A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION 5:00 PM V. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Richard Keever, Chaplain Westminster Canterbury 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 2. SPECIAL FORMAL SESSION/PUBLIC HEARING 3. INFORMAL and FORMAL SESSIONS G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. PUBLIC HEARINGS 1. REAL ESTATE TAX RATE (Proposed increase of 6¢) 2. INSTALLMENT PURCHASE AGREEMENT (ARP) Head of River Road 3. LEASE OF CITY -OWNED PROPERTY 2nd Street and Atlantic Avenue I. ORDINANCES/RESOLUTIONS 1. FY 2012-2013 Resource Management Plan A. OPTION NUMBER ONE: The Mayor and Vice Mayor's Reconciled Proposed Ordinances: a. APPROPRIATIONS for the Fiscal Year Operations of $1,767,701,362 April 10, 2011 April 18, 2012 April 24, 2012 b. ESTABLISH the levy on Real Estate Taxes for the Fiscal Year c. ESTABLISH the tax levy on Personal Property, Machinery and Tools for Calendar Year 2013 d. AUTHORIZE the City Manager to submit an Annual Funding Plan for the US Department of Housing and Urban Development (HUD) e. DECLARE $7 -Million within the Sandbridge Tax Increment Financing District as Surplus in the 2011-12 Budget f. COMPLETE the City's financial obligations associated with the Lynnhaven Mall Development Agreement and DISSOLVE the Lynnhaven Mall Tax Increment Financing Fund g. AMEND the City Code re sanitary sewer service water tap sizes h. AMEND Chapters 8 and 33 of the City Code to ADD §§8-37 and 33-72 ESTABLISHING a Technology Fee of Five Dollars ($5) for Building, Electrical, Plumbing, Mechanical, Fence, Sign, Right-of-way and certain other permits IMPLEMENT the FY 2012-13 Capital Budget: a. AUTHORIZE the FY 2013-2018 Capital Improvement Program (CIP) and APPROPRIATE, $277,566,687 for the FY 2013 Capital Budget, subject to available funds from various sources b. AUTHORIZE issuance of General Obligation Public Improvement Bonds of $67.7 -Million (maximum) for public facilities and general improvements c. AUTHORIZE issuance of Water and Sewer System Revenue Bonds of $27 -Million (maximum) d. REALIGN revenues of the Roadways CIP from various sources B. Option Number Two: Councilmen Moss and DeSteph Proposed Ordinances: a. APPROPRIATIONS for the Fiscal Year of Operations $1,748,263,981 b. ESTABLISH the levy on Real Estate Taxes for the Fiscal Year c. ESTABLISH the tax levy on Personal Property, Machinery and Tools for Calendar Year 2013 d. AUTHORIZE the City Manager to submit an Annual Funding Plan for the US Department of Housing and Urban Development (HUD) e. DECLARE $7 -Million within the Sandbridge Tax Increment Financing District as Surplus in the 2011-12 Budget f. COMPLETE the City's financial obligations associated with the Lynnhaven Mall Development Agreement and DISSOLVE the Lynnhaven Mall Tax Increment Financing Fund g. AMEND the City Code re sanitary sewer service water tap sizes h. AMEND Chapters 8 and 33 of the City Code to ADD §§8-37 and 33-72 ESTABLISHING a Technology Fee of Five Dollars ($5) for Building, Electrical, Plumbing, Mechanical, Fence, Sign, Right-of-way and certain other permits IMPLEMENT the FY 2012-13 Capital Budget: a. AUTHORIZE the FY 2013-2018 Capital Improvement Program (CIP) and APPROPRIATE $245,410,943 for the FY 2013 Capital Budget, subject to available funds from various sources b. AUTHORIZE issuance of General Obligation Public Improvement Bonds of $67.7 -Million (maximum) for public facilities and general improvements AUTHORIZE issuance of Water and Sewer System Revenue Bonds of $27 -Million (maximum) d. REALIGN revenues of the Roadways CIP from various sources C. Option Number Three: City Manager's Proposed Ordinances: a. APPROPRIATIONS for the Fiscal Year of Operations $1,758,559,231 b. ESTABLISH the levy on Real Estate Taxes for the Fiscal Year c. ESTABLISH the tax levy on Personal Property, Machinery and Tools for Calendar Year 2013 d. AUTHORIZE the City Manager to submit an Annual Funding Plan for the US Department of Housing and Urban Development (HUD) e. DECLARE $7 -Million within the Sandbridge Tax Increment Financing District as Surplus in the 2011-12 Budget f. COMPLETE the City's financial obligations associated with the Lynnhaven Mall Development Agreement and DISSOLVE the Lynnhaven Mall Tax Increment Financing Fund g. AMEND the City Code re sanitary sewer service water tap sizes h. AMEND Chapters 8 and 33 of the City Code to ADD §§8-37 and 33-72 ESTABLISHING a Technology Fee of Five Dollars ($5) for Building, Electrical, Plumbing, Mechanical, Fence, Sign, Right-of-way and certain other permits IMPLEMENT the FY 2012-13 Capital Budget: a. AUTHORIZE the FY 2013-2018 Capital Improvement Program (CIP) and APPROPRIATE $277,566,687 for the FY 2013 Capital Budget, subject to available funds from various sources b. AUTHORIZE issuance of General Obligation Public Improvement Bonds of $67.7 -Million (maximum) for public facilities and general improvements c. AUTHORIZE issuance of Water and Sewer System Revenue Bonds of $27 -Million (maximum) d. REALIGN revenues of the Roadways CIP from various sources 2. Ordinances to AMEND the City Code: a. §§16-22.2, 16-12.4 and 16-12.9 re enforcement of Residential Rental Inspection Districts b. §23-58(f)(6) re Commercial Parking Lots 3. Ordinances to AUTHORIZE acquisition of an Agricultural Land Preservation (ARP) Easement to Barry D. and Paula W. Knight in the amount of $184,652 at Head of River Road 4. Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease with renewal options between CBM Company t/a Schooner Inn and the City for property at 2nd Street and Atlantic Avenue 5. A Resolution to SUPPORT an application to the Virginia Department of Conservation and Recreation for a Recreational Trails Program Grant in the amount of $189,400 re acquisition at the Lake Lawson/Lake Smith Natural Area 6. Ordinances to ACCEPT and APPROPRIATE: a. $60,193 Grant from the Department of Housing and Urban Development (HUD) to the FY 2012 Budget of Housing and Neighborhood Preservation re Emergency Homeless Assistance b. $606,500 from the School Site Landscaping to the FY 2012 Budget of Parks and Recreation: 1) Playground safety improvements at ten (10) sites $151,500 2) Relocate and replace playground and equipment at Cooke Elementary $ 50,000 3) Replace basketball equipment at various locations $ 50,000 4) Drainage and pond shoreline reconstruction at Larkspur Middle School $330,000 c. TRANSFER $197,668 from the Reserve for Contingencies to the General Registrar's FY2011-12 Budget re the Republic Party Primary Senatorial Election J. PLANNING 1. Application of OCEAN RENTAL PROPERTIES, LLC, for an Enlargement of a Non - Conforming Use to allow two single family dwellings at 403 16th Street (DISTRICT 6 —BEACH) RECOMMENDATION: APPROVAL 2. Application of B.C. INVESTMENTS, LLC/RCC SALEM LAKES II, LLC and SALEM LAKES II, LLC for Modification of Proffers, and a Conditional Use Permit (Approved by City Council October 27, 1998) re mini- and self -storage, at Salem Road and Salem Lakes Blvd. (DISTRICT 1-CENTERVILLE) RECOMMENDATION: APPROVAL 3. Application of BILLY W. CHAPLAIN, for Modification of Proffer No.I and Modification of Condition No. 7 of a Conditional Use Permit for Bulk Storage (approved by City Council August 14, 2001) and a new Conditional Use Permit for Automobile and Small Engine Repair at 849 and 853 Virginia Beach Boulevard (DISTRICT 6 —BEACH) RECOMMENDATION: APPROVAL 4. Application of CORNERSTONE BIBLE CHURCH, INC/KROLL ENTERPRISES for a Conditional Use Permit re a church at 2180 McComas Way (DISTRICT 7 -PRINCESS ANNE) RECOMMENDATION: APPROVAL 5. Application of SENTARA HOSPITALS AND MPB, INC., for a Change of Zoning District Classification from A-12 Apartment District and R-15 Residential District to Conditional 0-2 Office District re offices and medical facilities at 800 and 816 Independence Boulevard. (DISTRICT 4-BAYSIDE) RECOMMENDATION: APPROVAL 6. Application of the CITY OF VIRGINIA BEACH, for a Street Closure re a portion of the right- of-way of Holly Road at the intersection of Laskin Road(DISTRICT 6 —BEACH) RECOMMENDATION: K. APPOINTMENTS ARTS and HUMANITIES COMMISSION BIKEWAYS and TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS BOARD OF ZONING APPEALS COMMUNITY SERVICES BOARD MINORITY BUSINESS COUNCIL TOWING ADVISORY BOARD L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT APPROVAL PUBLIC COMMENT Non -Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers CITY COUNCIL WORKSHOP AUGUST 7, 2012 CANCELLED City Council invites ALL citizens to participate in your NEIGHBORHOOD NATIONAL NIGHT OUT 2012 CITYHOLIDAYS Monday, May 28 Memorial Day Wednesday, July 4 Independence Day Monday, September 3 Labor Day Monday, November 12 Veteran's Day Thursday, November 22 Thanksgiving Day Friday, November 23 Day After Thanksgiving Monday, December 24 Christmas Eve (half- day) Tuesday, December 25 Christmas Day If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 3854303 CITY COUNCIL LIAISON REPORTS - Conference Room - 3:30PM II. CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW IV. 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 V. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Richard Keever, Chaplain Westminster Canterbury 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 April 10, 2011 2. SPECIAL FORMAL SESSION/PUBLIC HEARING April 18, 2012 3. INFORMAL and FORMAL SESSIONS April 24, 2012 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. PUBLIC HEARINGS 1. REAL ESTATE TAX RATE (Proposed increase of 6¢) 2. INSTALLMENT PURCHASE AGREEMENT (ARP) Head of River Road 3. LEASE OF CITY -OWNED PROPERTY 2nd Street and Atlantic Avenue Ad ID 23015414 Date' 04/27/2012 Time 2:15 PM PUBLIC NOTICE NOTICE OF REAL ESTATE TAX RATE CHANGES Tuesday, May 81, 2012, at 6:00 P.M. City Council Chamber (2nd floor of City Kali - Building #1) 2401 C ou rt ho use [give, Virginia Beach, Virginia The 'Virginia Beach City COLInCil Will hold a Public- Hearire corcernirt.6 a proposed ordinan-,e establishing the tax levy on real estate for the fiscal year 2013, in accordance vvith Cliapter 32 of Title 5B.1 of the Code of Virginia. The City Council is considerir� an increase to the tax rate on all real estate Of LIP to ninety-seven cents ($0.97) on each one hu i -)J- ra--] do I lars ($100) Of assessed valuation, effective July 1, 2012 to possibly address City and School budgetary needs. T Iii s rate is an increase f rom t1i e current rate f eighty-nine cei r -its ($0.89') oil each one .) hu nd red dollars ($100) of assessed Va I Uati o n, and an i ric rea se from the previously -advertised proposed ra t e of ninety-three cents ($0.93) on each One IlLI nd red dollars ($100), of assessed valuation. This rate change will also apply to mobile hones. A. related ii-r-rease Of eight cents ($0,126) is proposed for the separate classifications Of real property applicable to historic and energy efficierrt buildings. This Hearing is open to the public and all interested citizens will have an opportunity to be heard. Individuals desirir6 to provide -written comments may do so Ly contacting the City Clerk's office at 285-4303. If YOU are physically disabled or visi-alty in -paired and need assistance at this meting, please call 385-4303. Hearing impaired, TDD - 711. Ruth Hodges Fraser, NVOC City Cl e rig VP April 2 9, 2012 23015414 Ad shown is not actual print size NOTICE OF PUBLIC HEARING ON THE EXECUTION AND DELIVERY OF AN INSTALLMENT PURCHASE AGREEMENT FOR THE ACQUISITION OF DEVELOPMENT RIGHTS ON CERTAIN PROPERTY BY THE CITY OF VIRGINIA BEACH, VIRGINIA Notice is hereby given that the City Council of the City of Virginia Beach, Virginia, will hold a Public Hearing with respect to the execution and delivery of an Installment Purchase Agreement for the acquisition of an agricultural land preservation easement with respect to land located on the north side of Head of River Road, in the City of Virginia Beach, Virginia, pursuant to Ordinance No. 95-2319, as amended, known as the Agricultural Lands Preservation Ordinance, which establishes an agricultural reserve program for the southern portion of the City designated to (a) promote and encourage the preservation of farmland, (b) preserve open spaces and the areas rural character, (c) conserve and protect environmentally sensitive resources, (d) reduce and defer the need for major infrastructure improvements and the expenditure of public funds for such improvements, and (e) assist in shaping the character, direction and timing of community development. Such easement will be purchased pursuant to an Installment Purchase Agreement for an estimated maximum purchase price of $184,652. The City's obligation to pay the purchase price under the Installment Purchase Agreement is a general obligation of the City, and the full faith and credit and the unlimited taking power of the City will be irrevocably pledged to the punctual payment of the purchase price and the interest on the unpaid principal balance of the purchase price as and when the same respectively become due and payable. The Public Hearing, which may be continued or adjourned, will be held by the City Council on May 8, 2012, at 6:00 p.m. in the City Council Chamber located on the 2nd floor of the City Hall Building, 2401 Courthouse Drive, Virginia Beach, Virginia. Any person interested in this matter may appear and be heard. Ruth Hodges r e MC City Clerk Beacori: April 22 & 29, 2012 PUBLIC HEARING LEASE OF CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on the proposed leasing of the following City -owned property on Tuesday, May 8, 2012, at 6:00 PM in the Council Chamber, City Hall - Bldg. 1, Virginia Beach Municipal Center: Approximately 15,000 sq. it (0.34 acre) parcel located at the intersection of 2nd Street and Atlantic Avenue to be used for overflow parking If you are physically disabled or visually impaired and need assistance at this meeting, please call the City Clerk's Office at 385- 4303; Hearing impaired call 711. Any questions concerning this matter should be directed to the Department of Public Works - Facilities Management Office, Room 228, Building 18, at the Virginia Beach Municipal Center - (757) 385-5659. Ruth Hodges Fraser, MMC City Clerk Beacon April 29, 2012 23004440 L ORDINANCES/RESOLUTIONS 1. FY 2012-2013 Management Resource Plan A. Option Number One: The Mayor and Vice Mayor's Reconciled Proposed Ordinances: a. APPROPRIATIONS for the Fiscal Year Operations of $1,767,701,362 b. ESTABLISH the levy on Real Estate Taxes for the Fiscal Year c. ESTABLISH the tax levy on Personal Property, Machinery and Tools for Calendar Year 2013 d. AUTHORIZE the City Manager to submit an Annual Funding Plan for the US Department of Housing and Urban Development (HUD) e. DECLARE $7 -Million within the Sandbridge Tax Increment Financing District as Surplus in the 2011-12 Budget f. COMPLETE the City's financial obligations associated with the Lynnhaven Mall Development Agreement and DISSOLVE the Lynnhaven Mall Tax Increment Financing Fund g. AMEND the City Code re sanitary sewer service water tap sizes h. AMEND Chapters 8 and 33 of the City Code to ADD §§8-37 and 33-72 ESTABLISHING a Technology Fee of Five Dollars ($5) for Building, Electrical, Plumbing, Mechanical, Fence, Sign, Right-of-way and certain other permits IMPLEMENT the FY 2012-13 Capital Budget: a. AUTHORIZE the FY 2013-2018 Capital Improvement Program (CIP) and APPROPRIATE $277,566,687 for the FY 2013 Capital Budget, subject to available funds from various sources b. AUTHORIZE issuance of General Obligation Public Improvement Bonds of $67.7 -Million (maximum) for public facilities and general improvements c. AUTHORIZE issuance of Water and Sewer System Revenue Bonds of $27 -Million (maximum) d. REALIGN revenues of the Roadways CIP from various sources B. Option Number Two: Councilmen Moss and DeSteph Proposed Ordinances: a. APPROPRIATIONS for the Fiscal Year of Operations $1,748,263,981 b. ESTABLISH the levy on Real Estate Taxes for the Fiscal Year c. ESTABLISH the tax levy on Personal Property, Machinery and Tools for Calendar Year 2013 d. AUTHORIZE the City Manager to submit an Annual Funding Plan for the US Department of Housing and Urban Development (HUD) e. DECLARE $7 -Million within the Sandbridge Tax Increment Financing District as Surplus in the 2011-12 Budget f. COMPLETE the City's financial obligations associated with the Lynnhaven Mall Development Agreement and DISSOLVE the Lynnhaven Mall Tax Increment Financing Fund g. AMEND the City Code re sanitary sewer service water tap sizes h. AMEND Chapters 8 and 33 of the City Code to ADD §§8-37 and 33-72 ESTABLISHING a Technology Fee of Five Dollars ($5) for Building, Electrical, Plumbing, Mechanical, Fence, Sign, Right-of-way and certain other permits IMPLEMENT the FY 2012-13 Capital Budget: a. AUTHORIZE the FY 2013-2018 Capital Improvement Program (CIP) and APPROPRIATE $245,410,943 for the FY 2013 Capital Budget, subject to available funds from various sources b. AUTHORIZE issuance of General Obligation Public Improvement Bonds of $67.7 -Million (maximum) for public facilities and general improvements c. AUTHORIZE issuance of Water and Sewer System Revenue Bonds of $27 -Million (maximum) d. REALIGN revenues of the Roadways CIP from various sources C. Option Number Three: City Manager's Proposed Ordinances: a. APPROPRIATIONS for the Fiscal Year of Operations $1,758,559,231 b. ESTABLISH the levy on Real Estate Taxes for the Fiscal Year c. ESTABLISH the tax levy on Personal Property, Machinery and Tools for Calendar Year 2013 d. AUTHORIZE the City Manager to submit an Annual Funding Plan for the US Department of Housing and Urban Development (HUD) e. DECLARE $7 -Million within the Sandbridge Tax Increment Financing District as Surplus in the 2011-12 Budget f. COMPLETE the City's financial obligations associated with the Lynnhaven Mall Development Agreement and DISSOLVE the Lynnhaven Mall Tax Increment Financing Fund g. AMEND the City Code re sanitary sewer service water tap sizes h. AMEND Chapters 8 and 33 of the City Code to ADD §§8-37 and 33-72 ESTABLISHING a Technology Fee of Five Dollars ($5) for Building, Electrical, Plumbing, Mechanical, Fence, Sign, Right-of-way and certain other permits IMPLEMENT the FY 2012-13 Capital Budget: a. AUTHORIZE the FY 2013-2018 Capital Improvement Program (CIP) and APPROPRIATE $277,566,687 for the FY 2013 Capital Budget, subject to available funds from various sources b. AUTHORIZE issuance of General Obligation Public Improvement Bonds of $67.7 -Million (maximum) for public facilities and general improvements c. AUTHORIZE issuance of Water and Sewer System Revenue Bonds of $27 -Million (maximum) d. REALIGN revenues of the Roadways CIP from various sources 2. Ordinances to AMEND the City Code: a. §§16-22.2, 16-12.4 and 16-12.9 re enforcement of Residential Rental Inspection Districts b. §23-58(f)(6) re Commercial Parking Lots 3. Ordinances to AUTHORIZE acquisition of an Agricultural Land Preservation (ARP) Easement to Barry D. and Paula W. Knight in the amount of $184,652 at Head of River Road 4. Ordinance to AUTHORIZE the City Manager to EXECUTE a Lease with renewal options between CBM Company t/a Schooner Inn for property at 2nd Street and Atlantic Avenue 5. A Resolution to SUPPORT an application to the Virginia Department of Conservation and Recreation for a Recreational Trails Program Grant in the amount of $189,400 re acquisition at the Lake Lawson/Lake Smith Natural Area 6. Ordinances to ACCEPT and APPROPRIATE: a. $60,193 Grant from the Department of Housing and Urban Development (HUD) to the FY 2012 Budget of Housing and Neighborhood Preservation re Emergency Homeless Assistance b. $606,500 from the School Site Landscaping to the FY 2012 Budget of Parks and Recreation: 1) Playground safety improvements at ten (10) sites $151,500 2) Relocate and replace playground and equipment at Cooke Elementary $ 50,000 3) Replace basketball equipment at various locations $ 50,000 4) Drainage and pond shoreline reconstruction at Larkspur Middle School $330,000 c. TRANSFER $197,668 from the Reserve for Contingencies to the General Registrar's FY2011-12 Budget re the Republic Party Primary Senatorial Election USS r� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Mayor/Vice Mayor Proposal on the FY 2012-13 Operating Budget Related Ordinances MEETING DATE: May 8, 2012 ■ Background: On March 27, 2012, the City of Virginia Beach FY 2012-13 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 5th to provide information to citizens about the proposed budget. City Council held budget workshops on April 31h, 10th, 17th, 24tH, and May 1St to discuss the budget. City Council held public hearings on April 18th, 24th, and May 8th to provide the public the opportunity to comment on the proposed Resource Management Plan. Considerations: Based on the letter dated May 1St signed by Mayor William D. Sessoms, Jr. and Vice Mayor Louis R. Jones, the following adjustments are made to the FY 2013 Operating Budget: Operating Budget 1. Provide an additional $9.6 million by increasing the Real Estate Rate by six cents rather than the four cent increase included in the Proposed Budget. This will increase the City's real estate tax rate from the current 89 cents to a total rate of 95 cents per $100 of assessed value. After the adoption of the Operating Budget, the City and School System will need to formalize a funding formula which dedicates four cents in real estate tax rate to the School System and two cents to road transportation improvements construction. This six cents increase in the Real Estate tax rate is necessitated by, and tied to, reduced State funding and the need to maintain educational quality and re-establish roadway construction funding. It is also required to cover the State's shift of the Line of Duty program to an unfunded local mandate. • In the case of the four cents for Schools, as the Local Composite Index is adjusted such that the State meets more of its responsibilities towards education funding, the four cents dedicated to Schools will be adjusted downward to offset the increased State funding. The local contribution to the School system for FY 2012-13 will be $387.4 Million. • In the case of the two cents for road construction and the Line of Duty Program, if and when the State provides a permanent source of funding for 1 1 AN ORDINANCE MAKING APPROPRIATIONS FOR THE FISCAL YEAR 2 BEGINNING JULY 1, 2012 AND ENDING JUNE 30, 2013 IN THE SUM OF 3 $ 1,767,701,362 FOR OPERATIONS 4 WHEREAS, the City Manager has heretofore submitted an Annual Budget for the City for the fiscal year beginning 5 July 1, 2012, and ending June 30, 2013, 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: 8 9 Sec. 1. That the amounts named aggregating $2,451,937,659 consisting of $499,905,552 in inter -fund transfers, 10 $184,330,745 for internal service funds, and $1,767,701,362 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, 2012, and ending June 30, 2013, 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 funds under the control of the School Board, specifically the funds numbered 106, 107, 21 108, 109, 112, 114, 115, 116, 117, 119, 614, and 615 (hereinafter referred to as "School Board Funds"), the total number of 22 full-time permanent positions shall be the maximum number of positions authorized for the various departments of the 23 City during the fiscal year, except for changes or additions authorized by the Council or as hereinafter provided. The City 24 Manager may from time to time increase or decrease the number of part-time or temporary positions provided the 25 aggregate amount expended for such services shall not exceed the respective appropriations made therefore. The City 26 Manager is further authorized to make such rearrangements of positions within and between the departments as may best 27 meet the needs and interests of the City, including changes necessary to implement the employee transition program. 28 29 Sec. 4. To improve the effectiveness and efficiencies of the government in service delivery, the City Council hereby 30 authorizes the City Manager or his designee to transfer appropriated funds and existing positions throughout the fiscal 31 year as may be necessary to implement organizational adjustments that have been authorized by the City Council. Unless 32 otherwise directed by the City Council, such organizational adjustments shall be implemented on such date or dates as the 33 City Manager determines, in his discretion, to be necessary to guarantee a smooth and orderly transition of existing 34 organizational functions. The City Manager shall make a report each year to the City Council identifying the status and 35 progress of any such organizational adjustments. 36 37 Sec. S. All current and delinquent collections of local taxes shall be credited to the General Fund, Special Service District 38 Funds, Tax Increment Financing Fund or any fund to which City Council has, by ordinance, dedicated a tax levy. 39 40 Sec. 6. All balances of the appropriations payable out of each fund of the City Treasury at the close of business for the 41 fiscal year ending on June 30, 2013, unless otherwise provided for, are hereby declared to be lapsed into the fund balance 42 of the respective funds, except all appropriations to School Board Funds derived from local public sources which shall lapse 43 and revert to the General Fund Balance, and may be used for the payment of the appropriations that may be made in the 44 appropriation ordinance for the fiscal year beginning July 1, 2013. Prior to the expenditure of any sums that have lapsed to 45 the fund balance of any fund, an appropriation by the City Council shall be required. 46 47 Sec. 7. That the City's debt management policies for the Water and Sewer Enterprise Fund shall serve as a basis for 48 developing financial strategies for the water and sanitary sewer system based on the following guidelines: (a) for the Water 49 and Sewer Fund, the goal of retaining working capital equal to 80% to 100% of one year's operating expense shall be 50 pursued; (b) for the Water and Sewer Fund, the goal shall be for debt service coverage on its water and sewer revenue 51 bonds at not less than 1.50 times and, on a combined basis, including water and sewer general obligation bonds, at no less 52 than 1.20 times and (c) for the Water and Sewer Fund, contributions from non -borrowed funds, on a five-year rolling 53 average basis, will be sought for approximately 25% of the annual capital program for the water and sewer system. 54 55 Sec. B. All balances of appropriations in each fund which support authorized obligations or are encumbered at the close 56 of the business for the fiscal year ending on June 30, 2013, are hereby declared to be re -appropriated into the fiscal year 57 beginning July 1, 2013, and estimated revenues adjusted accordingly. 58 59 Sec. 9. All balances of appropriations attributable to grants or other similar funding mechanism from state or federal 60 sources and trust or gift funds, whose period of expenditure extends beyond the fiscal year ending on June 30, 2012, are 61 hereby declared to be re -appropriated into the fiscal year beginning July 1, 2012, and estimated revenues adjusted 62 accordingly. The close-out of any grant or similar funding mechanism shall account for all expenditures in such grant, and 63 provided there is any remaining balance in the grant the portion of the balance attributable to local sources shall revert to 64 the General Fund special revenue fund or enterprise fund that provided the local contribution. 65 66 Sec.10. No department or agency for which appropriations are made under the provisions of this ordinance shall 67 exceed the amount of such appropriations except with the consent and approval of the City Council first being obtained. it 68 is expressly provided that the restrictions with respect to the expenditure of the funds appropriated shall apply only to the 69 totals for each Appropriation Unit included in this ordinance and does not apply to Inter -fund Transfers. 70 71 Sec.11. The City Manager or the Director of Management Services is hereby authorized to approve transfers of 72 appropriations in an amount up to $100,000 between any Appropriation Units included in this ordinance. The City 73 Manager shall make a monthly report to the City Council of all transfers between $25,000 and $100,000. In addition, the 74 City Manager may transfer, in amounts necessary, appropriations from all Reserves for Contingencies except Reserve for 75 Contingencies — Regular, within the intent of the Reserve as approved by City Council. 76 77 Sec. 12. The City Manager or the Director of Management Services is hereby authorized to establish and administer 78 budgeting within Appropriation Units consistent with best management practices, reporting requirements, and the 79 programs and services adopted by the City Council. The City Manager or the Director of Management Services is further 80 authorized to establish administrative directives to provide additional management oversight and control to ensure the 81 integrity of the City's budget. 82 83 Sec. 13. The City Manager or the Director of Management Services is hereby authorized to change the Estimated 84 Revenues included in this ordinance to reflect expected collections. If the Estimated Revenue in support of an Operating 85 Appropriation Unit declines, the City Manager or the Director of Management Services is hereby authorized to reduce, 86 subject to any other provision of law, those appropriations to equal the decline in Estimated Revenue. The City Manager 87 shall give prior notice to the City Council of any reduction to total appropriations exceeding $100,000. The notice to City 88 Council shall identify the basis and amount of the appropriation reduction and the Appropriation Units affected. The 89 accounting records of the City will be maintained in a manner that the total of Estimated Revenue is equal to the total of 90 the Appropriation Units for each of the City's funds. The City Manager or the Director of Management Services is hereby 91 authorized to transfer any excess appropriations to the Reserve for Contingencies after all anticipated expenditures for 92 which those funds were appropriated have been incurred. Nothing in this section shall be construed as authorizing any 93 reduction to be made in the amount appropriated in this ordinance for the payment of interest or principal on the bonded 94 debt of the City Government. 95 96 Sec. 14. Allowances made from the appropriations made in this ordinance by any or all of the City departments, 97 bureaus, or agencies, to any of their officers and employees for expenses on account of the use by such officers and 98 employees of their personal automobiles in the discharge of their official duties shall not exceed forty two cents ($0.42) per 99 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 100 fiscal year. 101 102 Sec. 15. In the event of an emergency and under emergency circumstances wherein the City Council cannot reasonably 103 hold a meeting, the City Manager is authorized to transfer and expend appropriated sums from any budget account to 104 ensure that the emergency is handled as efficiently and expeditiously as possible. Immediately following the expenditure 105 of funds under this provision, and as soon as the City Council can reasonably meet under the existing circumstances, the 106 City Manager shall notify the City Council of the reason for such action, how funds were expended, and present to the City 107 Council for adoption an emergency appropriations ordinance that sets forth what measures are required to ensure that 108 funds are forthwith restored to the appropriate accounts and that the budget is balanced at the end of the fiscal year in 109 which the emergency expenditures occurred. 110 111 An emergency is defined for the purposes of this provision as an event that could not have been reasonably 112 foreseen at the time of the adoption of the budget, and in which (i) an immediate threat to the public health, safety or 113 welfare is involved, such as clean-up after a hurricane, and/or (ii) immediate action is required to protect or preserve public 114 properties. 115 116 Sec. 16. All travel expense accounts shall be submitted on forms approved by the Director of Finance and according to 117 regulations approved by the City Council. Each account shall show the dates expenses were incurred or paid; number of 118 miles traveled; method of travel; hotel expenses; meals; and incidental expenses. The Director of Finance is specifically 119 directed to withhold the issuance of checks in the event expense accounts are submitted for "lump -sum" amounts. 120 121 Sec. 17. The City Manager is hereby authorized to allocate funding, within the aggregate amounts approved by City 122 Council for total compensation, to implement the General Assembly mandated changes to the Virginia Retirement System 123 ("VRS") that require all full-time City employees hired before July 1, 2010 to pay one percent (1%) of their salaries to the 124 VRS to be offset by a pay increase of one percent (1%). 125 126 Sec. 18. That the City Manager or his designee is hereby authorized to implement the organizational and financial 127 adjustments necessary to eliminate the Print Shop Internal Service Fund. Any funds provided to the Print Shop Internal 128 Service Fund that are unobligated and unencumbered at the close of business on June 30, 2012, shall lapse and such lapsed 129 funds shall be transferred to the fund balance of the General Fund. 130 131 Sec. 19. That the City Manager or his designee is hereby authorized to implement the organizational and financial 132 adiustments necessary to functions of the Office of the Real Estate Assessor and the Commissioner of the Revenue in the 133 following manner: 134 135 a. The Commissioner of the Revenue will be the City Manager's designee for the processing of applications 136 for the Real Estate Tax Relief for the Elderly and Disabled Persons Program and the recently enacted tax 137 exemption for service disabled veterans: 138 b. Two FTEs are transferred from the Office of the Real Estate Assessor to the Commissioner of the Revenue 139 to execute the above subsection; 140 c. The duties for the processing of the land book are transferred from the Commissioner of the Revenue to 141 the Office of the Real Estate Assessor; 142 d. Funding in the amount of $178,500 is provided for the delivery of the services in the above subsections. 143 144 Sec. 4420. Violation of this ordinance may result in disciplinary action by the City Manager against the person or persons 145 responsible for the management of the Appropriation Unit in which the violation occurred. 146 147 , 148 $1,500,009 40M the fund balanee of the FmeFgeney FEMA Fund aFe heFeby tFansfeFFed to the fuRd balance ef the Risk 149 M nt Inte- al Service Fund ff t• on june 30 2014-. 150 151 , 152 153 154 Sec. 2821. With the ^"Geptio^ of Section ,o nd 49, *This ordinance shall be effective on July 1, 2012. 155 156 Sec. 2422. If any part of this ordinance is for any reason declared to be unconstitutional or invalid, such decision shall not 157 affect the validity of the remaining parts of this ordinance. 158 159 160 161 Adopted by the Council of the City of Virginia Beach, Virginia, on this the 8th day of May, 2012. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: e� J Management Services APPROVED AS TO LEGAL SUFFICIENCY: i rn 's ice City of Virginia Beach, Virginia Fiscal Year 2012-13 Budget Ordinance Attachment A - Appropriations Fund 002 Appropriation Totals 990,864,947 FY 2012-13 Proposed 002 General Fund Agriculture 757,224 Benefits Administration 662,283 Board of Equalization 15,846 Circuit Court 1,034,008 City Attorney 3,819,468 City Auditor 623,735 City Clerk 576,749 City Manager 2,658,037 City Real Estate Assessor 3,175,280 City Treasurer 5,111,193 Clerk of the Circuit Court 3,041,507 Commissioner of the Revenue 4,035,389 Commonwealth's Attorney 7,491,148 Communications and Information Technology 22,842,774 Community Organization Grants 426,343 Convention and Visitor Bureau 8,839,297 Cultural Affairs 2,358,924 Debt Service 48,083,117 Director of Finance 4,939,761 Economic Development 2,561,326 Emergency Communications and Citizen Services 10,453,477 Emergency Medical Services 7,726,688 Employee Special Benefits 5,266,655 Fire 44,588,074 General District Court 359,618 General Registrar 1,378,340 Health 2,991,428 Housing and Neighborhood Preservation 1,680,366 Human Resources 4,291,809 Human Services 106,030,865 Independent Financial Services 153,878 Juvenile and Domestic Relations District Court 137,438 Juvenile Probation 1,781,767 Leases 1,673,225 Library 17,392,209 Magistrates 95,514 Management Services 1,514,382 Mass Transit Operations 4,472,679 Municipal Council 545,118 Museums 10,039,310 Parks and Recreation 13,233,825 Planning 9,969,591 Police 92,000,136 Public Works 63,639,425 Regional Participation 1,993,213 Reserve for Contingencies 2,927,122 Revenue Reimbursements 15,957,439 Strategic Growth Area 952,992 Transfer to Other Funds 439,453,041 Vehicle Replacements 5,111,914 Fund 002 Appropriation Totals 990,864,947 City of Virginia Beach, Virginia Fiscal Year 2012-13 Budget Ordinance Attachment A - Appropriations FY 2012-13 Proposed 098 School Reserve Special Revenue Fund Transfer to Other Funds 11,000,000 Fund 098 Appropriation Totals 11,000,000 106 School Technology Category Special Revenue Fund Technology 26,338,973 Fund 106 Appropriation Totals 26,338,973 107 School Equipment Replacement Special Revenue Fund Reserve for Contingencies 902,602 Fund 107 Appropriation Totals 902,602 109 School Vending Operations Fund Athletic 329,561 Fund 109 Appropriation Totals 329,561 112 School Communication Tower Technology Fund Instructional Technology 600,000 Fund 112 Appropriation Totals 600,000 114 School Cafeteria Fund Cafeteria 28,343,127 Fund 114 Appropriation Totals 28,343,127 116 School Oaeratino Fund Administration, Attendance, and Health 21,434,692 City Manager Adjustment -3,728,043 Debt Service 44,747,986 Instruction 522,820,730 Operations and Maintenance 87,242,879 Pupil Transportation 30,154,558 Fund 115 Appropriation Totals 702,672,802 116 School Grants Fund Grants 68,578,220 Fund 116 Appropriation Totals 68,578,220 117 School Textbook Fund Textbook 15,117,601 Fund 117 Appropriation Totals 15,117,601 119 School Athletic Special Revenue Fund Athletic 4,941,085 Fund 119 Appropriation Totals 4,941,085 City of Virginia Beach, Virginia Fiscal Year 2012-13 Budget Ordinance Attachment A - Appropriations 130 Law Library Fund Library Reserve for Contingencies Transfer to Other Funds 142 DEA Seized Property Special Revenue Fund Commonwealth's Attorney FY 2012-13 Proposed 224,869 2,329 57,252 Fund 130 Appropriation Totals 284,450 200,000 Fund 142 Appropriation Totals 200,000 144 Waste Management Special Revenue Fund Public Works 41,455,404 Fund 144 Appropriation Totals 41,455,404 147 Federal Section 8 Program Special Revenue Fund Housing and Neighborhood Preservation 17,474,801 149 Sheriffs Department Special Revenue Fund Sheriff and Corrections Transfer to Other Funds 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 Strategic Growth Area Transfer to Other Funds Fund 147 Appropriation Totals 17,474,801 38, 935, 820 24,551 Fund 149 Appropriation Totals 38,960,371 1,889,313 1,597,465 28, 364,155 2,772,645 2,573,615 Fund 151 Appropriation Totals 37,197,193 157 Sandbridge Special Service District Spec Rev Fd Transfer to Other Funds Fund 152 Appropriation Totals 100,000 50,500 26,252,872 590,000 275,485 915,684 3,522,454 4,326,391 36.033.386 4.804.405 Fund 157 Appropriation Totals 4,804,405 City of Virginia Beach, Virginia Fiscal Year 2012-13 Budget Ordinance Attachment A - Appropriations FY 2012-13 Proposed 161 Agriculture Reserve Program Special Revenue Fund Agriculture 215,950 Debt Service 3,643,024 Reserve for Contingencies 477,652 Fund 161 Appropriation Totals 4,336,626 163 Tourism Advertising Program Special Revenue Fund Convention and Visitor Bureau 10,084,811 Transfer to Other Funds 56,838 Fund 163 Appropriation Totals 10,141,649 166 Sandbridge Tax Increment Financing Fund Future C.I.P. Commitments 7,113,616 Fund 166 Appropriation Totals 7,113,616 169 Central Business District -South TIF (Twn Cntr) Fd Debt Service 5,588,312 Transfer to Other Funds 150,000 Fund 169 Appropriation Totals 5,738,312 172 Open Space Special Revenue Fund Debt Service 2,433,043 Parks and Recreation 490,838 Public Works 15,300 Transfer to Other Funds 2,026,724 Fund 172 Appropriation Totals 4,965,905 174 Town Center Special Service District Parks and Recreation 29,367 Town Center Special Tax District 1,580,361 Transfer to Other Funds 337,197 Fund 174 Appropriation Totals 1,946,925 180 Community Development Special Revenue Fund Housing and Neighborhood Preservation 2,058,899 Transfer to Other Funds 128,858 Fund 180 Appropriation Totals 2,187,757 181 CD Loan and Grant Fund Housing and Neighborhood Preservation 595,488 Fund 181 Appropriation Totals 595,488 182 Federal Housing Assistance Grant Fund Housing and Neighborhood Preservation 899,400 Fund 182 Appropriation Totals 899,400 City of Virginia Beach, Virginia Fiscal Year 2012-13 Budget Ordinance Attachment A - Appropriations 540 General Government Capital Proiects Fund Building Capital Projects FY 2012-13 5,015,915 Proposed 183 Grants Consolidated Fund 560,329 Commonwealth's Attorney 333,680 Emergency Medical Services 375,000 Fire 757,260 Housing and Neighborhood Preservation 1,281,227 Human Services 1,677,882 Police 75,866 Public Works 15,000 Reserve for Contingencies 100,000 Transfer to Other Funds 400,000 540 General Government Capital Proiects Fund Building Capital Projects Fund 183 Appropriation Totals 5,015,915 241 Water and Sewer Fund Communications and Information Technology Projects 560,329 Debt Service 5,824,859 20,050,544 Public Utilities Roadways Capital Projects 75,674,801 Reserve for Contingencies 1,072,393 Transfer to Other Funds 18,249,158 Fund 241 Appropriation Totals 115,046,896 253 Parking Enterprise Fund Debt Service 725,012 Reserve for Contingencies 282,477 Strategic Growth Area 1,631,798 Transfer to Other Funds 433,428 Fund 253 Appropriation Totals 3,072,715 255 Storm Water Utility Enterprise Fund Debt Service 2,359,776 Public Works 16,183,127 Reserve for Contingencies 220,000 Transfer to Other Funds 15,764,934 Fund 255 Appropriation Totals 34,527,837 310 Old Donation Creek Area Dredging SSD Transfer to Other Funds 68,652 Fund 310 Appropriation Totals 68,652 311 Bavville Creek Neighborhood Dredging SSD Fund Transfer to Other Funds 50,508 ' - Fund 311 Appropriation Totals 50,508 540 General Government Capital Proiects Fund Building Capital Projects 965,000 Coastal Capital Projects 6,138,895 Communications and Information Technology Projects 560,329 Economic and Tourism Development Capital Projects 5,824,859 Parks and Recreation Capital Projects 7,373,332 Roadways Capital Projects 2,590,000 Fund 540 Appropriation Totals 23,452,415 City of Virginia Beach, Virginia Fiscal Year 2012-13 Budget Ordinance Attachment A - Appropriations FY 2012-13 Proposed 541 Water and Sewer Capital Projects Fund Water and Sewer Capital Projects 8,000,000 Fund 541 Appropriation Totals 8,000,000 555 Storm Water Capital Projects Fund Storm Water Capital Projects 14,202,870 Fund 555 Appropriation Totals 14,202,870 606 City Garage Internal Service Fund Public Works 10,646,769 Fund 606 Appropriation Totals 10,646,769 607 Risk Management Internal Service Fund Director of Finance 11,071,818 Fund 607 Appropriation Totals 11,071,818 610 Capital Projects Internal Service Fund Communications and Information Technology 197,364 Director of Finance 164,434 Economic Development 80,671 283,348 Public Works Fund 610 Appropriation Totals 725,817 613 School Landscaping Internal Service Fund Parks and Recreation 3,676,911 Fund 613 Appropriation Totals 3,676,911 614 School Risk Management Fund School Risk Management 11,488,946 Fund 614 Appropriation Totals 11,488,946 615 City and School Health Insurance Fund City and School Health Insurance 132,851,160 Fund 615 Appropriation Totals 132,851,160 616 Fuels Internal Service Fund Public Works 7,009,359 Fund 616 Appropriation Totals 7,009,359 620 Telecommunications Internal Service Fund Communications and Information Technology 2,807,772 Reserve for Contingencies 447,320 Fund 620 Appropriation Totals 3,255,092 621 Subscriptions Internal Service Fund Communications and Information Technology 2,606,092 Reserve for Contingencies 998,781 Fund 621 Appropriation Totals 3,604,873 City of Virginia Beach, Virginia Fiscal Year 2012-13 Budget Ordinance Attachment A - Appropriations FY 2012-13 Proposed 908 City Beautification Fund Parks and Recreation 72,500 909 Library Gift Fund Library 910 Parking Meters - Homeless Donation Fund Housing and Neighborhood Preservation 911 Parks and Recreation Gift Fund Parks and Recreation Total Budget Appropriations Less Internal Service Funds Less Interfund Transfers NET BUDGET APPROPRIATIONS Fund 908 Appropriation Totals 72,500 7,000 Fund 909 Appropriation Totals 7,000 10,000 Fund 910 Appropriation Totals 10,000 55,000 Fund 911 Appropriation Totals 55,000 2,451,937,659 184,330,745 499,905,552 1,767,701,362 City of Virginia Beach, Virginia Fiscal Year 2012-13 Budget Ordinance Attachment B - Revenue Fund 002 Revenue Totals 990,864,947 098 School Reserve Special Revenue Fund Specific Fund Reserves 11,000,000 Fund 098 Revenue Totals 11,000,000 106 School Technology Category Special Revenue Fund Transfers from Other Funds 26,338,973 Fund 106 Revenue Totals 26,338,973 107 School Equipment Replacement Special Revenue Fund Specific Fund Reserves 902,602 109 School Vending Operations Fund Revenue From Local Sources 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 Fund 107 Revenue Totals 902,602 192,550 137,011 Fund 109 Revenue Totals 329,561 260,000 340,000 Fund 112 Revenue Totals 600,000 FY 2012-13 Proposed 002 General Fund Revenue From Local Sources Automobile License 9,627,435 Business License 42,423,932 Charges for Services 34,175,279 Cigarette Tax 11,218,625 Fines and Forfeitures 6,043,373 From the Use of Money and Property 5,095,499 General Sales Tax 54,098,252 Hotel Room Tax 5,622,146 Miscellaneous Revenue 6,062,974 Other Taxes 16,690,556 Permits, Privilege Fees, and Regulatory Licenses 4,476,243 Personal Property 132,412,8954 Real Estate 38,975,636 Restaurant Meal Tax 35,146,135 Utility Tax 44,979,473 Revenue from the Commonwealth Other Sources from the Commonwealth 91,966,749 Revenue from the Federal Government 16,730,201 Specific Fund Reserves 21,087,917 Transfers from Other Funds 14,031,627 Fund 002 Revenue Totals 990,864,947 098 School Reserve Special Revenue Fund Specific Fund Reserves 11,000,000 Fund 098 Revenue Totals 11,000,000 106 School Technology Category Special Revenue Fund Transfers from Other Funds 26,338,973 Fund 106 Revenue Totals 26,338,973 107 School Equipment Replacement Special Revenue Fund Specific Fund Reserves 902,602 109 School Vending Operations Fund Revenue From Local Sources 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 Fund 107 Revenue Totals 902,602 192,550 137,011 Fund 109 Revenue Totals 329,561 260,000 340,000 Fund 112 Revenue Totals 600,000 City of Virginia Beach, Virginia Fiscal Year 2012-13 Budget Ordinance Attachment B - Revenue FY 2012-13 Proposed 114 School Cafeteria Fund Revenue From Local Sources Charges for Services 14,030,889 From the Use of Money and Property 8,091 Miscellaneous Revenue 130,000 Revenue from the Commonwealth Other Sources from the Commonwealth 485,000 Revenue from the Federal Government 13,361,841 Specific Fund Reserves 327,306 Fund 114 Revenue Totals 28,343,127 115 School Operatinq Fund Revenue From Local Sources 100,000 Charges for Services 2,183,837 From the Use of Money and Property 465,000 Miscellaneous Revenue 657,000 Revenue from the Commonwealth 11,217,527 Other Sources from the Commonwealth 241,055,084 State Shared Sales Tax 69,064,589 Revenue from the Federal Government 17,141,085 Transfers from Other Funds 372,106,207 Fund 115 Revenue Totals 702,672,802 116 School Grants Fund Revenue From Local Sources Miscellaneous Revenue 3,274,643 Revenue from the Commonwealth Other Sources from the Commonwealth 15,446,303 Revenue from the Federal Government 49,857,274 Fund 116 Revenue Totals 68,578,220 117 School Textbook Fund Revenue From Local Sources From the Use of Money and Property 100,000 Miscellaneous Revenue 10,000 Revenue from the Commonwealth 4,197,085 Other Sources from the Commonwealth 3,790,074 Specific Fund Reserves 11,217,527 Fund 117 Revenue Totals 15,117,601 119 School Athletic Special Revenue Fund Revenue From Local Sources Charges for Services 489,000 From the Use of Money and Property 45,000 Miscellaneous Revenue 4,197,085 Specific Fund Reserves 210,000 Fund 119 Revenue Totals 4,941,085 City of Virginia Beach, Virginia Fiscal Year 2012-13 Budget Ordinance Attachment B - Revenue 130 Law Library Fund Revenue From Local Sources Charges for Services From the Use of Money and Property Specific Fund Reserves 142 DEA Seized Property Special Revenue Fund Specific Fund Reserves 144 Waste Management Special Revenue Fund Revenue From Local Sources Charges for Services From the Use of Money and Property Permits, Privilege Fees, and Regulatory Licenses Revenue from the Commonwealth Other Sources from the Commonwealth Transfers from Other Funds 147 Federal Section 8 Program Special Revenue Fund Revenue From Local Sources Charges for Services Miscellaneous Revenue Revenue from the Federal Government Specific Fund Reserves Transfers from Other Funds 149 Sheriffs Department Special Revenue 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 Transfers from Other Funds FY 2012-13 Proposed 270,000 4,450 10,000 Fund 130 Revenue Totals 284,450 200,000 Fund 142 Revenue Totals 200,000 26, 345, 070 125,000 175,000 35,390 14,774,944 Fund 144 Revenue Totals 41,455,404 20,733 32,000 16, 986, 704 192,591 242,773 Fund 147 Revenue Totals 17,474,801 4,422,511 17,500 10,000 17, 359, 747 1,149,750 1,255,833 14,745,030 Fund 149 Revenue Totals 38,960,371 City of Virginia Beach, Virginia Fiscal Year 2012-13 Budget Ordinance Attachment B - Revenue FY 2012-13 Proposed 151 Parks and Recreation Special Revenue Fund Revenue From Local Sources Charges for Services 12,938,096 From the Use of Money and Property 1,477,888 Miscellaneous Revenue 2,500 Permits, Privilege Fees, and Regulatory Licenses 700 Real Estate 16,749,009 Revenue from the Commonwealth Other Sources from the Commonwealth 26,000 Specific Fund Reserves 526,082 Transfers from Other Funds 5,476,918 Fund 151 Revenue Totals 37,197,193 152 Tourism Investment Proqram Fund Revenue From Local Sources Amusement Tax 5,800,563 Cigarette Tax 934,885 Fines and Forfeitures 776,000 From the Use of Money and Property 593,277 Hotel Room Tax 14,333,141 Permits, Privilege Fees, and Regulatory Licenses 90,000 Restaurant Meal Tax 10,604,887 Specific Fund Reserves 2,650,633 Transfers from Other Funds 250,000 Fund 152 Revenue Totals 36,033,386 157 Sandbridae Special Service District Spec Rev Fd Revenue From Local Sources From the Use of Money and Property 7,100 Hotel Room Tax 1,306,790 Real Estate 581,621 Specific Fund Reserves 631,522 Transfers from Other Funds 2,277,372 Fund 157 Revenue Totals 4,804,405 161 Aariculture Reserve Proqram Special Revenue Fund Revenue From Local Sources Real Estate 4,336,626 Fund 161 Revenue Totals 4,336,626 163 Tourism Advertising Program Special Revenue Fund Revenue From Local Sources Charges for Services 201,970 From the Use of Money and Property 42,730 Hotel Room Tax 4,846,444 Miscellaneous Revenue 48,200 Restaurant Meal Tax 5,002,305 Fund 163 Revenue Totals 10,141,649 City of Virginia Beach, Virginia Fiscal Year 2012-13 Budget Ordinance Attachment B - Revenue 166 Sandbridge Tax Increment Financing Fund Revenue From Local Sources From the Use of Money and Property Real Estate 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 174 Town Center Special 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 Govemment Transfers from Other Funds 182 Federal Housing Assistance Grant Fund Non -Revenue Receipts Revenue from the Federal Government Fund 166 Revenue Totals FY 2012-13 Proposed 15,300 7,098,316 7.113.616 3,000 500,000 4,976,213 259,099 Fund 169 Revenue Totals 5,738,312 14,560 4,402,029 549,316 Fund 172 Revenue Totals 4,965,905 2,600 1,476, 231 318,094 150,000 Fund 174 Revenue Totals 1,946,925 70,000 1,405,417 712,340 Fund 180 Revenue Totals 2,187,757 Fund 181 Revenue Totals Fund 182 Revenue Totals 100,000 370,488 125,000 595 488 70,000 829,400 899.400 City of Virginia Beach, Virginia Fiscal Year 2012-13 Budget Ordinance Attachment B - Revenue 183 Grants Consolidated Fund Revenue From Local Sources Charges for Services Revenue from the Commonwealth Other Sources from the Commonwealth Revenue from the Federal Government Transfers from Other Funds 241 Water and Sewer Fund Non -Revenue Receipts Revenue From Local Sources Charges for Services From the Use of Money and Property Miscellaneous Revenue Revenue from the Federal Government Specific Fund Reserves Transfers from Other Funds 253 Parking Enterprise Fund Revenue From Local Sources Charges for Services From the Use of Money and Property 255 Storm Water Utility Enterprise Fund Revenue From Local Sources Charges for Services From the Use of Money and Property Revenue from the Federal Government Transfers from Other Funds 310 Old Donation Creek Area Dredging SSD Revenue From Local Sources Real Estate 311 Bayville Creek Neighborhood Dredging SSD Fund Revenue From Local Sources Real Estate 540 General Government Capital Projects Fund Transfers from Other Funds FY 2012-13 Proposed 39,735 2,953,917 1,498,154 524,109 Fund 183 Revenue Totals 5,015,915 Fund 241 Revenue Totals 2,665,095 108,727,428 559,447 330,218 1,017,733 1,088,296 658,679 115.046.896 3,050,215 22,500 Fund 253 Revenue Totals 3,072,715 32,278,283 125,000 288,259 1,836,295 Fund 255 Revenue Totals 34,527,837 68,652 Fund 310 Revenue Totals 68,652 50,508 Fund 311 Revenue Totals 50,508 23,452,415 Fund 540 Revenue Totals 23,452,415 City of Virginia Beach, Virginia Fiscal Year 2012-13 Budget Ordinance Attachment B - Revenue FY 2012-13 Proposed 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 606 City Garage Internal Service Fund Revenue From Local Sources Charges for Services Miscellaneous Revenue 607 Risk Management Internal Service Fund Revenue From Local Sources Charges for Services From the Use of Money and Property Miscellaneous Revenue 610 Capital Projects Internal Service Fund Revenue From Local Sources Charges for Services 613 School Landscaping Internal Service Fund Revenue From Local Sources Charges for Services 614 School Risk Management Fund Revenue From Local Sources Charges for Services Miscellaneous Revenue 615 City and School Health Insurance Fund Revenue From Local Sources Miscellaneous Revenue 616 Fuels Internal Service Fund Revenue From Local Sources Charges for Services Specific Fund Reserves 14,202,870 Fund 555 Revenue Totals 14,202,870 10,616,769 Rn nnn Fund 606 Revenue Totals 10,646,769 Fund 607 Revenue Totals Fund 610 Revenue Totals Fund 613 Revenue Totals Fund 614 Revenue Totals 11,026, 818 30,000 15,000 11 n71 R1R 725,817 725,817 3,676,911 3,676,911 11,465, 209 23,737 11,488,946 1 T) AM 1 Rr) Fund 615 Revenue Totals 132,851,160 6,876,428 132,931 Fund 616 Revenue Totals 7,009,359 City of Virginia Beach, Virginia Fiscal Year 2012-13 Budget Ordinance Attachment B - Revenue 620 Telecommunications Internal Service Fund Revenue From Local Sources Charges for Services 621 Subscriptions Internal Service Fund Revenue From Local Sources Charges for Services Specific Fund Reserves 908 City Beautification Fund Revenue From Local Sources Miscellaneous Revenue 909 Library Gift Fund Revenue From Local Sources Miscellaneous Revenue 910 Parking Meters - Homeless Donation 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 FY 2012-13 Proposed 3,255,092 Fund 620 Revenue Totals 3,255,092 2,491,901 1,112, 972 Fund 621 Revenue Totals 3,604,873 79 snn Fund 908 Revenue Totals 72,500 7,000 Fund 909 Revenue Totals 7,000 10,000 Fund 910 Revenue Totals 10,000 55,000 Fund 911 Revenue Totals 55,000 2,451,937, 659 184,330,745 aaa anr, F;1;? 1,76/,/U1,3(j2 1 AN ORDINANCE ESTABLISHING THE TAX LEVY ON REAL ESTATE FOR FISCAL 2 YEAR 2013 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 2013 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 8 provided for in this ordinance, at the rate of eighty none ninety-five cents($0.$9) 0.95 on each one hundred dollars 9 ($100) of assessed valuation thereof. The real property tax rate that has been prescribed in this section shall be applied on 10 the basis of one hundred percentum of the fair market value of such real property, except for public service real property, 11 which shall be on the basis as provided in Section 58.1-2604 of the Code of Virginia. It is the intention of the Council that 12 four cents of the tax rate is dedicated subject to annual appropriation to provide funding for the Schools to offset the 13 decrease in State funding through the Local Composite Index and two cents of the tax rate is dedicated, subject to annual 14 appropriation to offset the State reduction in funding for urban road construction and the increased local obligations 15 under the Line of Duty Act The Council directs the City Manager in the production of future budgets to provide an analysis 16 of State funding for Schools urban road construction and the Line of Duty Act. At such time as the State restores funding 17 above the following benchmarks: Local Composite Index at FY 2013• urban road construction at $20M (per annum); and 18 Line of Duty Act at $0 (per annum) the City Manager will recommend a reduction in whole or in part, to the four cent or 19 two cent tax rate dedication in an amount roughly equal to the increased State funding with a corresponding decrease in 20 the real estate tax rate. 21 22 Sec. 2. Amount of Levy on "Certified Pollution Control Equipment and Facilities" Classified as Real Estate, "Certified 23 Storm Water Management Developments and Property," "Certified Solar Energy Recycling Equipment, Facilities 24 or Devices" Classified as Real Estate, and "Environmental Restoration Sites," Real Estate Improved by Erosion 25 Controls, and Certain Wetlands and Riparian Buffers. 26 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 27 Code of Virginia, there shall be levied and collected for general purposes for fiscal year 2013, taxes on all real estate (a) 28 certified by the Commonwealth of Virginia as "Certified Pollution Control Equipment and Facilities," (b) certified by the 29 Department of Environmental Quality as "Certified Storm Water Management Developments and Property," (c) certified as 30 provided by Code of Virginia Section 58.1-3661 as "Certified Solar Energy Equipment, Facilities or Devices," or "Certified 31 Recycling Equipment, Facilities or Devices," (d) defined by Code of Virginia Section 58.1-3664 as an "Environmental 32 Restoration Site," (e) improved to control erosion as defined by Code of Virginia § 58.1-3665, or (f) qualifying as wetlands 33 and riparian buffers as described by Code of Virginia § 58.1-3666, not exempt from taxation, at a rate ofgharc ninety= 34 five cents 9) 0.95 on each one hundred dollars of assessed valuation thereof. The real property tax rates imposed in 35 this section shall be applied on the basis of one hundred percentum of fair market value of such real property except for 36 public service property, which shall be on the basis as provided in Section 58.1-2604 of the Code of Virginia. 37 38 Sec. 3. Amount of Levy on Real Estate Within the Sandbridge Special Service District. 39 There shall be levied and collected for fiscal year 2013, taxes for the special purpose of providing beach and 40 shoreline restoration and management at Sandbridge on all real estate within the Sandbridge Special Service District, not 41 exempt from taxation, at the rate of six cents ($0.06) on each one hundred dollars ($100) of assessed value thereof. This 42 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 43 that qualifies for Land Use Assessment, pursuant to Division 2 of Chapter 35 of the City Code, or Exemption, Deferral or 44 Freeze for Elderly and Disabled Persons, pursuant to Division 3 of Chapter 35 of the City Code, this real estate tax rate shall 45 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 46 imposed herein shall be applied on the basis of one hundred percentum of the fair market value of such real property 47 except for public service real property, which shall be on the basis as provided in Section 58.1-2604 of the Code of Virginia. 48 49 Sec. 4. Amount of Levy on Real Estate Within the Town Center Special Service District. 50 For the special purpose of operating and maintaining the parking garage and providing enhanced services for the 51 plaza and public spaces within the boundaries of the service district at the Town Center, as well as other additional services 52 authorized by Virginia Code § 15.2-2403, there shall be levied and collected for fiscal year 2013, taxes on all real estate 53 within the Town Center Special Service District, not exempt from taxation, at the rate of forty-five cents ($0.45) on each 54 one hundred dollars ($100) of assessed value thereof. This real estate tax rate shall be in addition to the real estate tax set 55 forth in Section 1 of this ordinance. For real property that qualifies for Land Use Assessment, pursuant to Division 2 of 56 Chapter 35 of the City Code, or Exemption, Deferral or Freeze for Elderly and Disabled Persons, pursuant to Division 3 of 57 Chapter 35 of the City Code, this real estate tax rate shall be applied in the same manner as the real estate tax rate set forth 58 in Section 1 of this ordinance. The real estate tax rate imposed herein shall be applied on the basis of one hundred 59 percentum of the fair market value of such real property, except for public service real property, which shall be on the basis 60 as provided in Section 58.1-2604 of the Code of Virginia. 61 62 Sec. 5. Amount of Levy on "Energy -Efficient Buildings". 63 In accordance with Section 58.1-3221.2 of the Code of Virginia and any relevant section of the City Code, there 64 shall be levied and collected for general purposes for the fiscal year 2013, taxes on all real estate that has been classified as 65 an energy efficient building, not exempt from taxation, at a rate of seventy fOUF t!gb_jY cents {$0.74} 0.80 on each one 66 hundred dollars of assessed valuation thereof. The real property tax rate imposed in this section shall be applied on the 67 basis of one hundred percentum of fair market value of such real property except for public service property, which shall be 68 on the basis as provided in Section 58.1-2604 of the Code of Virginia. 69 70 Sec.6. Amount of Levy on Properties Listed in the Virginia Landmarks Register. 71 In accordance with Section 58.1-3221.5 of the Code of Virginia and any relevant section of the City Code, there 72 shall be levied and collected for general purposes for the fiscal year 2013 taxes on buildings that are individually listed on 73 the Virginia Landmarks Register, not including the real estate or land on which the building is located so long as the 74 building is maintained in a condition such that it retains the characteristics for which it was listed on the Virginia Landmarks 75 Register at a rate of fifty-one cents ($0.51) on each one hundred dollars of assessed valuation thereof. The real property tax 76 rate imposed in this section shall be applied on the basis of one hundred percentum of fair market value of such real 77 property except for public service property, which shall be on the basis as provided by Section 58.1-2604 of the Code of 78 Virginia. 79 80 Sec 7 Amount of Levy on Real Estate Within the Old Donation Special Service District. 81 There shall be levied and collected for fiscal year 2013 taxes for the special purpose of providing neighborhood 82 channel dredging of creeks and rivers to maintain existing uses on all real estate within the Old Donation Special Service 83 District not exempt from taxation at the rate of eighteen and four -tenths cents ($0.184) on each one hundred dollars 84 ($100) of assessed value thereof. This real estate tax rate shall be in addition to the real estate tax rate set forth in Section 1 85 of this ordinance This tax rate shall apply without reduction to any properties subject to ad valorem taxes including those 86 properties enrolled in the Exemption Deferral or Freeze for Elderly and Disabled Persons City Code §§ 35-61, et seq. As set 87 forth in Code of Virginia section 15.2-2403(6), written consent is required to apply this tax rate to the full assessed value of 88 properties subject to special use value assessment. The real estate tax rate imposed herein shall be applied on the basis of 89 one hundred percentum (100%) of the fair market value of such real property except for public service real property, which 90 shall be on the basis as provided in Section 58.1-2604 of the Code of Virginia. 91 92 Sec. 8. Amount of Levy on Real Estate Within the Bavville Creek Special Service District. 93 There shall be levied and collected for fiscal year 2013 taxes for the special purpose of providing neighborhood 94 channel dredging of creeks and rivers to maintain existing uses on all real estate within the Bavville Creek Special Service 95 District not exempt from taxation at the rate of thirty six and three -tenths cents ($0.363) on each one hundred dollars 96 ($100) of assessed value thereof. This real estate tax rate shall be in addition to the real estate tax rate set forth in Section 1 97 of this ordinance This tax rate shall apply without reduction to any properties subject to ad valorem taxes including those 98 properties enrolled in the Exemption Deferral or Freeze for Elderly and Disabled Persons City Code §§ 35-61, et seq. As set 99 forth in Code of Virginia section 15.2-2403(6) written consent is required to apply this tax rate to the full assessed value of 100 properties subject to special use value assessment. The real estate tax rate imposed herein shall be applied on the basis of 101 one hundred percentum (100%) of the fair market value of such real property except for public service real property, which 102 shall be on the basis as provided in Section 58.1-2604 of the Code of Virginia. 103 104 Sec. 6.9. Severability. 105 106 107 108 109 110 111 112 113 If any portion of this ordinance is for any reason declared to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this ordinance. Sec..7,10.Effective Date. The effective date of this ordinance shall be July 1, 2012. Adopted by the City Council of the City of Virginia Beach, Virginia on this 8th day of May, 2012. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Managemen ervi es LL ity A s gce 1 AN ORDINANCE ESTABLISHING THE TAX LEVY ON PERSONAL 2 PROPERTY AND MACHINERY AND TOOLS FOR THE CALENDAR YEAR 3 2013 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 5 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 2013 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°6 41% 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% 59% 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% 41% 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% 59% 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. Penalties 29 and interest with respect to bills issued pursuant to this section shall be computed on the entire amount of tax owed. 30 Interest shall be computed from the original due date of the tax. 31 32 Sec. 3. Amount of Levy on Certain Classifications of Tangible Personal Property 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 2013 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 primarily for research, development, production or provision of biotechnology 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. 4. Amount of Levy on Manufactured Homes. 56 There shall be levied and collected for general purposes for the calendar year 2013 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 ninety-five cents ($0.89) 0.95 on each one hundred dollars ($100) of assessed 59 valuation thereof. Such property declared a separate class of tangible personal property in Section 58.1-3506 (A) (10). 60 61 Sec. 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 2013 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 8 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. 6. 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 2013 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 8 of this ordinance, at the rate of one dollar and fifty cents ($1.50) on each one hundred dollars 72 ($100) of assessed valuation thereof. Such property declared a separate class of tangible personal property in Sections 73 58.1-3506 (A) (1) (a) and (A) (1) (b). 74 75 Sec. 7. Amount of Levy on Machinery and Tools. 76 In accordance with Section 58.1-3507 of the Code of Virginia, there shall be levied and collected for general 77 purposes for the calendar year 2013 taxes on machinery and tools, including machinery and tools used directly in the 78 harvesting of forest products or semiconductor manufacturing, not exempt from taxation, at the rate of one millionth of 79 one cent ($.000001) on each one hundred dollars ($100) of assessed valuation thereof. As provided by Code of Virginia § 80 58.1-3506 (B), the following personal property shall also be taxed at the rate of machinery and tools: 81 a. all tangible personal property used in research and development businesses, as described in Code of 82 Virginia § 58.1-3506 (A) (7); 83 b. generating or cogenerating equipment, as described in Code of Virginia § 58.1-3506 (A) (9); and 84 c. all motor vehicles, trailers and semitrailers with a gross vehicle weight of 10,000 pounds or more used to 85 transport property for hire by a motor carrier engaged in interstate commerce, as described in Code of Virginia § 58.1-3506 86 (A)(25). 87 88 Sec. 8. Amount of Levy on Privately Owned Pleasure Boats and Watercraft Used for Recreational Purposes Only. 89 There shall be levied and collected for general purposes for the calendar year 2013 taxes on all privately owned 90 pleasure boats and watercraft used for recreational purposes only, at the rate of one millionth of one cent ($.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. 9. Amount of Levy on Privately Owned Camping Trailers, Privately Owned Travel Trailers, and Motor Homes Used for 95 Recreational Purposes Only, and Privately Owned Horse Trailers. 96 There shall be levied and collected for general purposes for the calendar year 2013 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 declared 102 a separate class of tangible personal property in Sections 58.1-3506 (A) (18) and (A) (30). 103 104 Sec. 10. 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 2013 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.11. 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 2013, 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 2012 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 2012, 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. 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. 13. 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. 14. Effective Date. 145 This ordinance shall be effective January 1, 2013. 146 147 Adopted by the Council of the City of Virginia Beach, Virginia, on this 8th day of May, 2012. 148 149 Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: Management Services APPROVED AS TO LEGAL SUFFICIENCY: Cit ey' 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 4 WHEREAS, the United States Congress has established legislation designated as the Housing and Community 5 Development Act of 1974 that sets forth the development of viable urban communities as a national goal; 6 7 WHEREAS, there is federal assistance available for the support of Community Development and Housing activities 8 directed toward specific objectives, such as eliminating deteriorated conditions in low and moderate income 9 neighborhoods that are detrimental to the public health, safety, and welfare, as well as improving the City's housing stock 10 and community services, along with other related activities; and 11 12 WHEREAS, as a prerequisite to receiving the above -referenced federal assistance, the City of Virginia Beach has 13 developed an Annual Funding Plan for submission to the Department of Housing and Urban Development and has created 14 the necessary mechanisms for its implementation in compliance with federal and local directives. 15 16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 17 18 That the City Manager is hereby authorized and directed, as the executive and administrative head of the City, to 19 submit the City's FY 2012-13 Annual Funding Plan (the "Plan") and amendments thereto, along with understandings and 20 assurances contained therein and such additional information as may be required, to the Department of Housing and Urban 21 Development to permit the review, approval, and funding of the Plan. 22 23 Adopted by the Council of the City of Virginia Beach, Virginia, on this 8th day of May, 2012. APPROVED AS TO CONTENT: Management Services APPROVED AS TO LEGAL SUFFICIENCY: Cit �or y' f f i c e 1 AN ORDINANCE TO DECLARE $7,000,000 OF FUNDING WITHIN THE 2 SANDBRIDGE TAX INCREMENT FINANCING DISTRICT AS SURPLUS 3 FUNDS IN THE FY 2011-12 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, $ 7,000,000 is available as an unencumbered appropriation in the FY 2011-12 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 $ 7,000,000 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 $ 7,000,000 is hereby transferred within the FY 2011-12 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, 2012. 29 30 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 8`h day of May, 2012. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: LAManagement Services City ey' fice 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 AN ORDINANCE TO COMPLETE THE CITY'S FINANCIAL OBLIGATIONS ASSOCIATED WITH THE LYNNHAVEN MALL DEVELOPMENT AGREEMENT AND DISSOLVE THE LYNNHAVEN MALL TAX INCREMENT FINANCING FUND WHEREAS, the City Council established the Lynnhaven Mall Tax Increment Financing Fund on June 9, 1998; WHEREAS, the City entered into the Lynnhaven Mall Development Agreement ("Agreement") on June 29, 2000 with Knickerbocker Properties, Inc. III to enhance the retail and theater amenities for the City's residents and visitors, while also addressing public parking, transit opportunities, and storm water management needs within a Tax Increment Financing District; WHEREAS, the parking lease component of the Development Agreement has a twenty year term, which will continue after the City's financial obligations have been satisfied; WHEREAS, the Agreement specifies the City's financial obligations and provides for a one percent (1%) reduction for each fiscal year prior to FY 2013-14 the City meets its financial obligations; and WHEREAS, sufficient fund balance is available in the Fund in addition to FY 2011-12 appropriations to fulfill the City's obligations. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That $1,133,984 is hereby appropriated from the fund balance of the Fund to fulfill the City's financial obligations under the Agreement. 2. That any remaining funds after the City fulfills its financial obligations under the Agreement shall be declared to be surplus. 3. That any surplus funds in the Fund shall be transferred to the General Fund, wherein such funds will lapse to the General Fund's fund balance at the end of the fiscal year. 4. That the Lynnhaven Mall Tax Increment Financing Fund shall be dissolved on June 30, 2012. 5. That this ordinance shall be effective on the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the 8th day of May, 2012. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: &-4 J -k Management Services Cit r y's 0ffice 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 AN ORDINANCE TO AMEND THE CITY CODE PERTAINING TO THE SANITARY SEWER SERVICE WATER TAP SIZES SECTION ADDED: § 28-26.1 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained by adding thereto a new section 23-26.1 to read as follows: Sec 28-26.1. Nonresidential Tap Sizing. For nonresidential uses wherein an Omni type meter combines domestic and fire flow through a single meter, the sewer charge provided by section 28-26 shall be based on a meter size equal to the calculated domestic flow. BE IT FURTHER ORDAINED: That the effective date of this ordinance shall be July 1, 2012. Adopted by the Council of the City of Virginia Beach, Virginia, on this 8th day of May, 2012. APPROVED AS TO CONTENT: Management Services r APPROVED AS TO LEGAL SUFFICIENCY: Ci ey Office I AN ORDINANCE TO AMEND CHAPTERS 8 AND 33 OF THE CITY CODE BY ADDING NEW 2 SECTIONS 8-37 AND 33-72, ESTABLISHING A TECHNOLOGY FEE IN THE AMOUNT OF 3 FIVE DOLLARS FOR BUILDING, ELECTRICAL, PLUMBING, MECHANICAL, FENCE, SIGN, 4 RIGHT-OF-WAY AND CERTAIN OTHER PERMITS 5 Sections Added: City Code Sections 8-37 and 33-72 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 8 9 That Chapter 8 of the City Code is hereby amended by the addition of a new City Code Section 8-37, establishing a 10 technology fee in the amount of $5.00 for building and certain other permits required by Sections 8-31, 8-31.1, 8-32, 8-33, 11 8-34, and Chapter 33 is hereby amended by the addition of a new City Code Section 33-72, establishing a technology fee in 12 the amount of $5.00 for right-of-way permits required by City Code Section 33-51, to read as follows: 13 14 CHAPTER 8. BUILDINGS AND BUILDING REGULATIONS 15 16 .... 17 18 ARTICLE II. VIRGINIA UNIFORM STATEWIDE BUILDING CODE. 19 20 DIVISION 1. GENERALLY 21 22 .... 23 24 Sec. 8-31. - Permit fees—Building permits. 25 26 (a) It shall be unlawful for any person to construct, enlarge, alter, repair or demolish any building or structure 27 as defined in the Virginia Uniform Statewide Building Code without first obtaining a building permit therefor and paying the 28 permit fees set forth in this section. 29 30 (b) The minimum fee for any building permit shall be thirty dollars ($30.00). 31 32 (c) For the construction of any building or addition thereto where the floor area is increased and for the 33 installation or erection of any industrialized building unit, the fee shall be based on the floor area to be constructed, as 34 computed from exterior building dimensions at each floor, as follows: 35 36 (1) Residential—living area—Thirty dollars ($30.00) plus seven dollars ($7.00) for each one hundred 37 (100) square feet or fraction thereof. 38 39 (2) Residential—nonheated building area (residential accessory buildings and structures)—Thirty 40 dollars ($30.00) plus four dollars ($4.00) for each one hundred (100) square feet or fraction 41 thereof. 42 43 (3) Businesses/mercantile—building area—Thirty dollars ($30.00) plus eight dollars ($8.00) for each 44 one hundred (100) square feet or fraction thereof. 45 46 (4) Institutional—building area—Thirty dollars ($30.00) plus eight dollars ($8.00) for each one 47 hundred (100) square feet or fraction thereof. 48 49 (5) Assembly, churches, and government buildings—building area—Thirty dollars ($30.00) plus eight 50 dollars ($8.00) for each one hundred (100) square feet or fraction thereof. (6) Storage—building area—Thirty dollars ($30.00) plus four dollars ($4.00) for each one hundred (100) square feet or fraction thereof. (7) Hazardous storage or occupancy—building area—Thirty dollars ($30.00) plus eight dollars ($8.00) for each one hundred (100) square feet or fraction thereof. (8) Industrial—building area—Thirty dollars ($30.00) plus eight dollars ($8.00) for each one hundred (100) square feet or fraction thereof. (9) Farm buildings—building area—Thirty dollars ($30.00) plus three dollars ($3.00) for each one hundred (100) square feet or fraction thereof. Farm buildings and structures shall be subject to the requirements of this section; provided, however, that farm buildings and structures not used for residential purposes shall not be subject to the technical requirements of the Virginia Uniform Statewide Building Code. (10) Alterations, repairs, private piers, bulkheads, pools, elevators, commercial interior finish, miscellaneous structures and structures located in a Chesapeake Bay Preservation Area or a Southern Watersheds Area for which a permit fee is not otherwise prescribed by this section, including, but not limited to, patios and driveways—value of construction—Thirty dollars ($30.00) plus five dollars ($5.00) for each one thousand dollars ($1,000.00) of value of construction or fraction thereof. (11) Moving of buildings or structures: For the moving of any building or structure into, out of, through or within the city, the fee shall be calculated in accordance with subsection (c)(1). (12) Demolitions: For the demolition of any building or structure, the fee shall be fifty dollars ($50.00). (13) Signs: a. Fees for the erection, painting, placing, replacing, repairing, hanging or rehanging of signs shall be based on the total surface area of all sign faces, and shall be as follows: 1. Single -face signs: 4-32 square feet .....$46.00 33-75 square feet .....69.00 76-150 square feet .....115.00 2. Double -face signs: 4-32 square feet .....$92.00 33-75 square feet .....115.00 76-150 square feet .....138.00 b. The fee for a permit for the repair of a billboard shall be in accordance with subsection (c)(10). C. Fees for the erection, painting, placing, replacing, repairing, hanging or rehanging of temporary signs shall be in an amount equal to one-half of the fee chargeable for permanent signs of like size. 103 (14) Administrative fee: If any construction, alteration, repair, or other work requiring a permit under 104 this article is commenced before a permit is secured and fee paid for same, an administrative fee 105 of one hundred fifty dollars ($150.00) shall be added to the fee due. Payment of such 106 administrative fee shall not in any way relieve the violator of any criminal prosecution. 107 108 (15) Tents: Tents and other temporary structures permit fee shall be Thirty dollars ($30.00). 109 110 (16) Reinspection fee: There shall be a minimum of fifty dollars ($50.00) additional fee charged for 111 each reinspection. 112 113 (16.1) DFU pre -inspection fee: There shall be a fifty dollar ($50.00) fee for pre -inspections for DFU 114 disconnections. 115 116 (17) Appeal: The fee for submitting an appeal to the board of building code appeals shall be one 117 hundred dollars ($100.00). Such fee shall be paid by the appellant. 118 119 (18) Change of use/certificate of occupancy for existing structure(s): 120 121 a. The minimum fee for the inspection of any new construction or existing structure 122 requested by the permit holder shall be fifty dollars ($50.00) for each inspection. 123 124 b. The minimum fee associated with a change of use or request for a certificate of 125 occupancy for an existing structure or structures on the same property shall be seventy - 126 five dollars ($75.00). 127 128 (19) Application for septic tank soil evaluation: The fee shall be fifty dollars ($50.00) paid at the time 129 of application. If the application is approved, the septic tank permit shall be issued with no 130 additional fee. 131 132 (20) There shall also be a review fee in the amount of one hundred dollars ($100.00) for review of 133 commercial plans. 134 135 COMMENT 136 137 This section is shown for references purposes only; no substantive changes are made. 138 139 Sec. 8-31.1. - Fences and walls. 140 141 (a) A permit shall be required for the construction, reconstruction, replacement or relocation of any fence or 142 wall located within thirty (30) feet of a public right-of-way, except fences or walls used principally for agricultural or 143 horticultural purposes in an AG Agricultural Zoning District. Any such fence or wall located upon more than one (1) lot shall 144 require a separate permit for each such lot, except lots under common ownership. 145 146 (b) The fee for permits required by this section shall be thirty dollars ($30.00). 147 148 COMMENT 149 150 This section is shown for references purposes only; no substantive changes are made. 151 152 Sec. 8-32. - Same—Plumbing permits. 153 154 (a) The fee for a permit for plumbing work, as required by the building code, shall be thirty dollars ($30.00) 155 and, in addition thereto, the following: 156 (1) Each plumbing fixture, floor drain or tap: Six dollars ($6.00). 157 158 (2) Each house sewer connection: Thirty dollars ($30.00). 159 160 (3) Each house water connection: Thirty dollars ($30.00). 161 162 (4) On-site sanitary sewer collector lines: one building—thirty dollars ($30.00), two (2) or more 163 buildings—fifty dollars ($50.00) for each building. 164 165 (5) On-site potable water distribution lines: one building—thirty dollars ($30.00), two (2) or more 166 buildings—fifty dollars ($50.00) for each building. 167 168 (6) Public utilities ultra low flush toilet program: thirty dollars ($30.00) for the first three (3) toilets 169 plus five dollars ($5.00) for each toilet over three (3). 170 171 (b) The fees prescribed in this section shall be in addition to the sewer and water connection fees and 172 charges provided for in chapters 28 and 37 of this Code. 173 174 (c) On any plumbing work commenced before a plumbing permit has been issued and the requisite fee paid 175 therefore, an administrative fee of one hundred fifty dollars ($150.00) per unit shall be added to the fee due. Payment of 176 such administrative fee shall not in any way relieve the violator from such penalties as may be imposed by the courts. 177 178 COMMENT 179 180 This section is shown for references purposes only; no substantive changes are made. 181 182 Sec. 8-33. - Same—Mechanical, life safety, elevator and gas permits. 183 184 (a) The minimum fee for the installation or replacement of mechanical/life safety systems or equipment shall 185 be thirty dollars ($30.00) plus five dollars ($5.00) for each one thousand dollars ($1,000.00) of value or fraction thereof. 186 187 (b) The minimum fee for the installation of gas outlets for a gas piping system shall be thirty dollars ($30.00) 188 plus four dollars ($4.00) for each outlet. 189 190 (c) The minimum fee for the relocation of a gas meter shall be thirty dollars ($30.00). 191 192 (d) For annual inspections of elevators and escalators, the fees shall be as follows: 193 194 (1) Annual safety test and inspection: 195 196 a. Tractor/cable elevator—$100.00. 197 198 b. Hydraulic elevator—$100.00. 199 200 C. Freight elevators—$100.00. 201 202 d. Escalator—$100.00. 203 204 (2) Five-year full rate load safety test and inspection: 205 206 a. Tractor/cable elevators—$100.00. 207 208 (e) On any mechanical, life safety, elevator or gas work commenced before a mechanical permit has been 209 issued and the requisite fee paid therefore, and administrative fee of one hundred fifty dollars ($150.00) per unit shall be 210 added to the fee due. Payment of such administrative fee shall not in any way relieve the violator from such penalties as 211 may be imposed by the courts. 212 213 COMMENT 214 215 This section is shown for references purposes only; no substantive changes are made. 216 217 Sec. 8-34. - Same—Electrical permits. 218 219 (a) The fee for a permit for electrical work, as required by the building code, shall be as specified in this 220 section. 221 222 (b) There shall be charged a minimum fee of thirty dollars ($30.00) for each permit issued. 223 224 (c) For a permit issued for a temporary service, such as a trailer, house meter or meter loop added to an 225 existing service, the fee shall be thirty dollars ($30.00). 226 227 (d) For a permit for any special condition, such as and including temporary electrical release for construction 228 purposes, buildings moved, swimming pools, carnivals, services relocated but not increased and the like, the fee shall be a 229 minimum of fifty dollars ($50.00). The fee for a permit for prefabricated buildings for out -of -city use shall be thirty dollars 230 ($30.00). 231 232 (e) For a permit issued for original construction, the following fees include all equipment outlets only if 233 specifically listed on the application and installed by the permit holder before the final inspection, such fees being based on 234 the maximum current carrying capacity of each set or subset of service conductors installed, to the nearest fifty (50) 235 amperes: 236 237 (1) Single-phase: Thirty dollars ($30.00) plus twenty dollars ($20.00) for each fifty (50) amperes. 238 239 (2) Three-phase: Eighty dollars ($80.00) for the first fifty (50) amperes plus twenty dollars ($20.00) 240 for each additional fifty (50) amperes. 241 242 When services are increased or phases added, the fee shall be one-half the rate above, plus the added equipment fee. For 243 fee purposes, the service -panel nameplate amperage rating shall be used. 244 245 (f) For each piece of equipment connected and for each circuit or feeder installed, extended, relocated or 246 repaired, the fee shall be thirty dollars ($30.00) plus five dollars ($5.00) per circuit. 247 248 (g) On any electrical work commenced before an electrical permit has been issued and the requisite fee paid 249 therefore, an administrative fee of one hundred fifty dollars ($150.00) per unit shall be added to the fee due. Payment of 250 such administrative fee shall not in any way relieve the violator from such penalties as may be imposed by the courts. 251 252 COMMENT 253 254 This section is shown for references purposes only; no substantive changes are made. 255 256 Sec. 8-37. Technology fee. 257 258 In addition to any fees otherwise required by this chapter, there shall be a fee in the amount of Five Dollars ($5.00) 259 for permits issued pursuant to Sections 8-31 8-31.1, 8-32 8-33 8-34. Such fee shall be for the following purposes: 260 261 (a) To improve community access to general information about cases applications permits and inspections 262 by providing online user-friendly search and viewing tools; 263 264 (b) To facilitate communications with property owners consultants and contractors through use of on-line 265 checklist and activity tracking that automatically emails notifications and updates regarding permit status and other 266 information not previously available on-line; 267 268 (c) To increase transparency and accountability in business operations by providing users the ability to track 269 all transactions online; 270 271 (d) To enhance performance and revenue reporting by providing the ability to produce ad hoc reports on 272 demand; and 273 274 (e) To improve and expand electronic document storage management and retrieval by including scanned 275 images as part of the on-line permit record. 276 277 COMMENT 278 279 The section establishes a new technology fee in the amount of $5.00 for permits issued under the City Code 280 sections listed in the ordinance and sets forth the purposes of the fee. The use of the technology for which the fee is 281 established will significantly upgrade the permitting process, thereby facilitating its use by property owners and other 282 users of the system and allowing for greater efficiency in keeping permit records. 283 284 CHAPTER 33. STREETS AND SIDEWALKS 285 286 .... 287 288 ARTICLE II. WORK ON, OVER, UNDER OR AFFECTING STREETS 289 290 .... 291 292 Division 2. Permit Generally 293 294 Sec. 33-51. General requirement. 295 296 Except as otherwise provided in this article, it shall be unlawful for any person to perform any work in connection 297 with the erection, construction, removal, relocation or maintenance of any structure, drainage system, surface, overhead or 298 underground installation or to cut, trim or spray trees or to place signs, if such work, cutting, trimming, spraying or placing 299 is on, under or over a street or affects a street, until such person has obtained a permit therefor in accordance with the 300 provisions of this division. 301 302 COMMENT 303 304 This section is shown for references purposes only; no substantive changes are made. 305 306 307 308 Division 3. Permit, Inspection and guarantee fees. 309 310 Sec. 33-71. - Schedule. 311 312 (a) Permit, inspection and guarantee fees for work for which a permit is required by this article shall be required or 313 not required in accordance with the following schedule: 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 (b) At the time easement or dedication plats are submitted a review fee in the amount of eighty-four dollars ($84.00) shall be required. COMMENT This section is shown for references purposes only; no substantive changes are made. Sec. 8-72. Technology fee. In addition to any fees otherwise required by this chapter, there shall be a fee in the amount of Five Dollars ($5.00) for permits issued pursuant to Section 33-51. Such fee shall be for the following purposes: (a) To improve community access to general information about cases applications, permits and inspections by providing online user-friendly search and viewing tools: (b) To facilitate communications with property owners consultants and contractors through use of on-line checklist and activity tracking that automatically emails notifications and updates regarding permit status and other information not previously available on-line; (c) To increase transparency and accountability in business operations by providing users the ability to track all transactions online; (d) To enhance performance and revenue reporting by providing the ability to produce ad hoc reports on demand; and Type of Project Permit Fee Inspection Fee Minimum Guarantee Fee (1) One (1) permit for work $100.00 Based on 1.5% the total cost of Deposit in accordance of a continuing nature construction as provided in the with estimated cost engineer's cost estimate, excluding water, sewer and street light costs, witha $50.00 minimum. (2) Logging road, tram road $100.00 $50.00 Deposit in accordance and other temporary with estimated cost entrances (3) Cutting, trimming or $100.00 $50.00 $25.00 spraying trees or shrubs (4) Blanket permit $500.00 $0.00 $0.00 (5) Single- or two-family $35.00 $0.00 $0.00 driveway aprons (6) Single permit $100.00 $0.00 $0.00 (7) All other work $100.00 Based on 1.5% of the total cost of Deposit in accordance construction as provided in the with estimated cost. engineer's cost estimate, excluding street light costs, with a $50.00 minimum; provided, however, that water and sewer fees shall be based on 10% of the construction cost up to $7,500.00 plus 1.5% of the construction cost in excess of $7,500.00, with a $50.00 minimum. (b) At the time easement or dedication plats are submitted a review fee in the amount of eighty-four dollars ($84.00) shall be required. COMMENT This section is shown for references purposes only; no substantive changes are made. Sec. 8-72. Technology fee. In addition to any fees otherwise required by this chapter, there shall be a fee in the amount of Five Dollars ($5.00) for permits issued pursuant to Section 33-51. Such fee shall be for the following purposes: (a) To improve community access to general information about cases applications, permits and inspections by providing online user-friendly search and viewing tools: (b) To facilitate communications with property owners consultants and contractors through use of on-line checklist and activity tracking that automatically emails notifications and updates regarding permit status and other information not previously available on-line; (c) To increase transparency and accountability in business operations by providing users the ability to track all transactions online; (d) To enhance performance and revenue reporting by providing the ability to produce ad hoc reports on demand; and 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 (e) To improve and expand electronic document storage management and retrieval by including scanned images as part of the on-line permit record. BE IT FURTHER ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH: That this ordinance shall take effect on July 1, 2012. COMMENT The section establishes a new "technology fee" in the amount of $5.00 for permits issued under City Code Section 33-51 (pertaining to permits for work on, under, over or affecting public rights-of-way) and sets forth the purposes of the fee. The use of the technology for which the fee is established will significantly upgrade the permitting process, thereby facilitating its use by property owners and other users of the system and allowing for greater efficiency in keeping permit records. Adopted by the City Council of the City of Virginia Beach, Virginia on the 8 1 day of May, 2012. APPROVED AS TO CONTENT: o' 6� Management Services APPROVED AS TO LEGAL SUFFICIENCY: y rn s ffice CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: MayorNice Mayor Proposal on the FY 2012-13 Capital Improvement Program Related Ordinances MEETING DATE: May 8, 2012 ■ Background: On March 27, 2012, the City of Virginia Beach FY 2012-13 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 5th to provide information to citizens about the proposed budget. City Council held budget workshops on April 3th, 10th, 17th, 24th, and May 1St to discuss the budget. City Council held public hearings on April 18th, 24th, and May 8th to provide the public the opportunity to comment on the proposed Resource Management Plan. Considerations: Based on the letter dated May 1St signed by Mayor William D. Sessoms, Jr. and Vice Mayor Louis R. Jones, the following adjustments are made to the FY 2013 Capital Budget and Capital Improvement Program: 1. $120,000 in the CIP establishes a project for Pleasure House Point Mitigation analysis. 2. $565,000 in the CIP to increase funding for the capital maintenance of city operated historic homes (#3-103). Including funding for HVAC improvements, electrical upgrades, pavement of the parking lots and ADA improvements. 3. $1,000,000 in the CIP to establish a project to begin legal and permitting work for the restoration of the Chesapeake Bay Beaches. 4. $2,850,000 in the CIP to fund a project for the extension of Field House Road (Sportsplex Drive). $1,428,886 will come from the Bond Premium with the remaining $1,421,114 in increased Charter Bond use. We should achieve considerable savings by partnering with adjacent private development. 5. $250,000 for improvements at the intersection of Indian River Road and Princess Anne Road in conjunction with the adjacent private redevelopment. 6. $8,910,696 in the CIP to reestablish the Kempsville Recreation Center Modernization Project (#4-509) at $20 million by Year 3 of the Capital Improvement Program with an additional $11,089,304 in Charter Bonds being used in 2015 for construction. The $8,910,696 is provided through the Bond Premium. 1 1 AN ORDINANCE TO ADOPT THE FY 2013/FY 2018 CAPITAL 2 IMPROVEMENT PROGRAM AND TO APPROPRIATE $277,566,687 FOR 3 THE FY 2013 CAPITAL BUDGET SUBJECT TO FUNDS BEING PROVIDED 4 FROM VARIOUS SOURCES SET FORTH HEREIN 5 WHEREAS, the City Manager, on March 27, 2012, presented to City Council the Capital Improvement Program for 6 fiscal years 2013 through 2018; 7 8 WHEREAS, City Council held public hearings on the program to provide for public comment; 9 0 WHEREAS, based on public comment, City Council has determined the need for certain projects in the Capital 1 Improvement Program; and 2 3 WHEREAS, it is necessary to appropriate funds for both existing projects and projects beginning in the 2013 fiscal 4 year, as set forth in said Capital Improvement Program. 5 6 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 2013 through 2018 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 $277,566,687 for capital projects in the Capital Budget for the 2013 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 2013 fiscal year as set forth in said Capital Improvement Program is attached to this ordinance as "Attachment B — Financing Sources." Section 5. 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 2013 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. 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 2012-13 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 53 Council of all transfers between $25,000 and $100,000. The City Manager or the Director of Management Services is 54 hereby authorized to establish and administer the budgeting of capital projects consistent with best management practices, 55 reporting requirements and the Capital Improvement Program adopted by the City Council. 56 57 Section 10. That to ensure timely completion of water and sewer projects, appropriations for water and sewer 58 companion projects may be transferred between these projects by the City Manager (or designee). "Companion projects" 59 mean water and sewer projects having the same name or project scope and description with the exception of "water" or 60 "sewer" being in the title and/or project scope and description. 61 62 Section 11. That the City Manager or the Director of Management Services is hereby authorized to change, subject 63 to any applicable restriction of law or of any bonds or bond issue, the financing sources for the various capital projects 64 included in this or previous ordinances to reflect effective utilization of the financing sources and actual collections and/or 65 realized revenues. If the financing sources in support of capital projects decline, the City Manager or the Director of 66 Management Services is authorized to reduce, subject to any applicable restriction of law or of any bonds or bond issue, 67 those appropriations to equal the changed financing source. The City Manager must give prior notice to the City Council of 68 any reductions to total appropriations exceeding $100,000. The notice to City Council shall identify the basis and amount of 69 the appropriation reduction and the capital projects affected. The accounting records of the City will be maintained in a 70 manner where the total of financing sources is equal to the total appropriations for each of the City's capital projects funds. 71 72ill ,, is 73 ' 74 Fund te FY 20-10 !1 ChaFteF Bends.SeFYiee 75 „. heFeby 76 GIP #4 en , 77 78 79 Section 12 13. That the Capital Improvement Program debt management policies contained and included in the 80 Resource Management Plan document shall be the policy guidelines of the City, and the City Manager shall annually report 81 on the status of those guidelines and the projected impact of the proposed Capital Improvement Program on those 82 guidelines, such information to be included in the Resource Management Plan submittal. The City Manager may propose 83 modifications to those policies and guidelines through the Resource Management Plan. 84 85 Section 13 14. That subject to the appropriation of sufficient funds within a capital project, the acquisition of real 86 property necessary for the project is authorized by means of voluntary negotiation with willing sellers. 87 88 Section 14 45. That violation of this ordinance shall result in the City Manager taking disciplinary action against the 89 person or persons responsible for the capital project in which the violation occurred. 90 91 Section 15 44. That if any portion of this ordinance is for any reason declared to be unconstitutional or invalid, such 92 decision shall not affect the validity of the remaining portions of this ordinance. 93 94 Section 16 44. That this ordinance shall be in effect from the date of its adoption; however, appropriations for the FY 95 2013 Capital Budget shall be effective on July 1, 2012. 96 97 Adopted by the City Council of the City of Virginia Beach, Virginia on this 8T" day of May, 2012. 98 99 Requires an affirmative vote of the majority of City Council 100 APPROVED AS TO CONTENT: 1� an -A ) (I - Management Services APPROVED AS TO LEGAL SUFFICIENCY: Cit Office City of Virginia Beach, Virginia Attachment A — Capital Budget Appropriations Project Number Projects Appropriations FY 2012-13 Buildings - CRO 3103000 Heritage Building - Maintenance Program 618,850 3146000 VA Aquarium Bldg Systems & Facility Infrastructure - Ph 1 3,200,000 3278000 Virginia Aquarium Renewal and Replacement - Phase II 300,000 Total Buildings - CRO Projects 4,118,850 Buildings - FYO 3510000 Intermediate Care Facilities Renewal/Replacement-Phase 1 389,086 Total Buildings - FYO Projects 389,086 Buildings - QELL 3262000 TCC Expansion/Operation Smile Headquarters 801,500 Total Buildings - QELL Projects 801,500 Buildings - QPE 3136000 Various Buildings HVAC Rehabilitation & Renewal -Phase III 1,104,962 3137000 Various Buildings Rehabilitation and Renewal - Phase III 534,113 3139000 Various Site Acquisitions - Phase II 1,274,081 Total Buildings - QPE Projects 2,913,156 Buildinas - SC 3133000 Fire Training Center Improvements - Phase III 400,000 3371000 Fire Apparatus - Phase II 1,501,547 3506000 Fire Facility Rehabilitation and Renewal - Phase III 1,316,710 Total Buildings - SC Projects 3,218,257 Project Number 8002000 8004000 8014000 8282000 8405000 8406000 8407000 8408000 8409000 8500000 8501000 3068000 3119000 3637000 3638000 3646000 3652000 3095000 3142000 3619000 Projects City of Virginia Beach, Virginia Attachment A — Capital Budget Appropriations Coastal Beach Profile Monitoring Program Various Minor Dredging Projects Lynnhaven Inlet Maintenance Dredging Sandbridge Beach Restoration Sandbridge Beach Access Improvements - Phase II Rudee Inlet Federal Dredging - Phase II Rudee Inlet Outer Channel Maintenance Dredging -Phase II Pleasure House Point Mitigation Chesapeake Bay Beach Restoration Old Donation Creek Area Dredging Bayville Creek Neighborhood Dredging Communications and IT - QO CIT - IT Network Infrastructure Replacement - Phase II CIT - Cable Access Infrastructure Replacement Phase I CIT - Disaster Recovery - Critical Service Analysis -Phase III CIT - Application Portfolio Sustainment CIT - eGIS Base Map Updates (Partial Funding) CIT - Telecommunications Replacement - Phase II Appropriations FY 2012-13 50,000 176,336 200,000 4,529,405 275,000 550,000 450,000 120,000 1,000,000 68,652 50,508 Total Coastal Projects 7,469,901 Total Communications and IT - QO Projects Communications and IT - SC CIT - Police - Integrated Public Safety Record Management System CIT - Communications Infrastructure Replacement - Phase II CIT - ALI Database Management & Selective Routing Total Communications and IT - SC Projects 300,000 322,000 436,150 350,000 336,579 350,000 2,094,729 3,792,588 11,750,000 1,645,176 17,187, 764 City of Virginia Beach, Virginia Attachment A — Capital Budget Appropriations Project City Bikeways & Trails Plan Implementation - Phase II Appropriations Number Projects FY 2012-13 4301000 Economic and Tourism Dev - EV 4302000 9058000 Rudee Inlet Connector Walk 700,000 9060000 Oceana & Interfacility Traffic Area Conformity & Acquisition 15,000,000 9069000 19th Street Corridor Improvements 100,000 9081000 Strategic Growth Area Projects 1,250,000 9082000 Oceanfront Parking Facilities Capital Maintenance 300,000 9083000 Town Center Garage and Plaza Capital Maintenance 283,564 9085000 SGA - Burton Station Road Improvements - Phase II 2,600,000 9091000 SGA - Burton Station Road Improvements - Phase III 6,750,000 9141000 Economic Development Investment Program (On -Going) 2,243,725 9500000 Virginia Beach Amphitheater Capital Maintenance 200,000 9504000 Newtown Strategic Growth Area 750,000 9505000 Pembroke Strategic Growth Area 750,000 9506000 Rosemont Strategic Growth Area 750,000 Total Economic and Tourism Dev - EV Projects 31,677,289 Parks and Recreation 4064000 City Bikeways & Trails Plan Implementation - Phase II 4080000 Sportsplex Field Hockey National Trng Ctr Rep/Reno Ph 1 4300000 Community Recreation Ctrs Repairs & Renovations - Ph III 4301000 Parks & Special Use Facilities Develop. & Reno. - Phase III 4302000 Golf Courses Contractual Obligations for Maintenance 4303000 Greenways, Scenic Waterways & Natural Areas - Phase III 4305000 Tennis Court Renovations - Phase III 4306000 Open Space Park Development and Maintenance - Phase II 4307000 Athletic Fields Lighting & Renovations - Phase III 4308000 Open Space Program Site Acquisition - Phase III 4309000 Mount Trashmore Signature Park Renovations - Phase II 4500000 Park Playground Renovations - Phase III 4502000 Lynnhaven Boat Ramp & Beach Facility Repairs/Reno - Ph 1 4505000 Replacement of Bow Creek Recreation Center 4509000 Modernization of Kempsville Recreation Center 4517000 Stumpy Lake Golf Course Lease Obligations - Ph 1 4518000 Pleasure House Point Acquisition Total Parks and Recreation Projects 475,000 391,316 1,976,542 1,114,682 120,000 125,000 125,000 1,500, 000 150,000 500,000 250,000 500,000 49,527 17,418,934 8,910,696 96,265 6,000,000 39,702,962 City of Virginia Beach, Virginia Attachment A — Capital Budget Appropriations Project Renovations and Replacements - Energy Management Appropriations Number Projects FY 2012-13 1103000 Roadways 2,500,000 2021000 Rural Road Improvements 1,000,000 2025000 Witchduck Road - Phase II 10,143,000 2031000 Street Reconstruction 2,150,000 2048000 Princess Anne Rd./Kempsville Rd. Inter. Impr. 537,016 2107000 Seaboard Road 4,584,267 2117000 Shore Drive Corridor Improvements - Phase III 3,289,247 2145000 Wesleyan Drive 800,450 2152000 Elbow Road Extended - Ph. II 5,293,958 2160000 City Wide Street Lighting Improvements - Phase II 60,000 2161000 Traffic Signal Retiming 599,800 2165000 Laskin Road - Phase II 560,000 2168000 Lesner Bridge Replacement 30,000,000 2176000 Transportation Network Analysis 100,000 2177000 Proactive Safety Improvement Program 75,000 2256000 Indian River Rd - Ph. VII 561,000 2263000 Major Bridge Rehabilitation 660,000 2268000 Wetlands Mitigation Banking 50,000 2300000 Traffic Safety Improvements - Phase III 2,675,837 2401000 Greenwich Road Crossover 340,000 2409000 Centerville Turnpike Interim Improvements 6,376,097 2410000 Traffic Signal Rehabilitation - Phase II 100,000 2418000 Indian River Rd/Kempsville Rd Intersection Improvements 3,295,000 2421000 Sportsplex Drive 2,850,000 2422000 Indian River Rd/Princess Anne Rd Intersection Improvements 250,000 2837000 Various Cost Participation Projects 25,000 Total Roadways Projects 76,375,672 Schools 1001000 Renovations and Replacements - Energy Management 500,000 1099000 Renovations and Replacements - Grounds - Phase II 750,000 1103000 Renovations and Replacements - HVAC Systems - Phase II 2,500,000 1104000 Renovations and Replacements - Reroofing - Phase II 2,675,000 1105000 Renovations and Replacements - Various - Phase II 500,000 1106000 Kellam High School Replacement 22,196,000 1109000 Energy Performance Contracts (Schools) 2,500,000 1232000 Tennis Court Renovations 320,000 1233000 Consolidated Old Donation Ctr/Kemps Landing Magnet Rep 5,450,000 Total Schools Projects 37,391,000 Project Number 6041000 6057000 6061000 6070000 6085000 6089000 6090000 6092000 6093000 6106000 6146000 6151000 6403000 6404000 6405000 6501000 6552000 6555000 6557000 6564000 6567000 6604000 6804000 6952000 6953000 6973000 Projects City of Virginia Beach, Virginia Attachment A — Capital Budget Appropriations Sewer Utility Pump Station Modifications - Phase V Holland Road - Phase VI Sewer Improvements (VDOT) Utilities Emergency Response Program - Phase II Infiltration, Inflow and Rehabilitation - Phase V Sanitary Sewer Asset Management Program - Phase II Comprehensive Sewer Master Planning - Phase IV Clean Water Act Compliance Studies Phase I Vacuum Valve Monitoring System Consent Order Rehabilitation Plan Implementation Prg Ph I Various Roadway/Storm Water Coordination - Phase V Sewer Requests & Agreements - Phase V (51 % Program) Landstown Yard Improvements - Phase IV Service Order Automation Solution Design Computerized Mapping & Infrastructure Mgmt- Phase II Customer Information System Version Migration Auxiliary Power Program -Sewer Pump Stations -Phase III Sanitary Sewer System Revitalization Program - Phase II Utility Crossings Condition Assessment Program - Phase II SGA Sanitary Sewer System Improvements Relocation of Sewer Cleanouts - North Landing Rd Sewer Pump Station Backflow Prevention Modifications Witchduck Rd - Phase II Sewer Improvements Sanitary Sewer Regulatory Compliance Program - Phase I Sewer Pump Station Flow Monitoring & Data Storage -Ph I Sewer Tap Installation Program - Phase II Sanitary Sewer Capacity Program - Phase I Appropriations FY 2012-13 2,746,000 100,000 200,000 3,300,000 900,000 500,000 200,000 180,000 1,600,000 620,000 50,000 865,000 50,000 170,000 150,000 1,598,000 4,000,000 50,000 400,000 225,000 680,000 50,000 3,600,000 2,970,000 300,000 500,000 Total Sewer Utility Projects 26,004,000 City of Virginia Beach, Virginia Attachment A — Capital Budget Appropriations Project Appropriations Number Projects FY 2012-13 Storm Water 7016000 South Lake Holly Watershed 775,000 7027000 SWM Master Planning, Analysis, and Inventory 550,000 7038000 Thoroughgood Drainage - Interim 175,000 7067000 Primary System Infrastructure Improvements 770,000 7091000 Residential Drainage Cost Participation Program 73,651 7151000 Cape Henry Beach Drainage 885,000 7153000 Lynnhaven Watershed Restoration 300,000 7159000 Water Quality Participation Projects 100,000 7400000 Aragona Drainage Improvements 600,000 7406000 Elizabeth River TMDL Implementation Plan 200,000 7410000 Southern River TMDL Implementation Plan 200,000 7411000 Oceanfront Storm Water Facilities Maintenance 177,000 7412000 Storm Water Pump Station Modifications 442,500 7413000 Neighborhood SW Infrastructure Improvements -Ph. II 1,002,890 7414000 Storm Water Quality Enhancements - Phase II 1,181,078 7415000 Lake Management- Phase II 2,941,280 7416000 SW Infrastructure Rehabilitation & Improvements -Phase II 3,853,122 Total Storm Water Projects 14,226,521 City of Virginia Beach, Virginia Attachment A — Capital Budget Appropriations Project Appropriations Number Projects FY 2012-13 Water Utility 5011000 Beach Garden Park - Kilborne Ct & Holly Rd Improvements 50,000 5024000 Holland Road - Phase VI Water Improvements (VDOT) 250,000 5028000 Witchduck Rd - Phase II Water Improvements 167,000 5030000 Shore Drive Water Line Improvements - PH III 50,000 5046000 Utilities Emergency Response Program - Phase II 200,000 5084000 System Expansion Cost Participation Agreements - Phase II 130,000 5086000 Comprehensive Water Master Planning - Phase V 200,000 5089000 Various Roadway/Storm Water Coordination - Phase V 800,000 5090000 Lynnhaven Pkwy - Phase XI Water Improvements (VDOT) 570,000 5091000 Water Request & Agreements (51 % Program) - Phase V 50,000 5151000 Landstown Yard Improvements - Phase IV 1,214,000 5250000 Potable Wells Evaluation Program - Phase III 275,000 5252000 Water Quality Program - Phase IV 100,000 5260000 Utility Crossings Condition Assessment - Phase II 50,000 5403000 Service Order Automation Solution Design 50,000 5404000 Computerized Mapping & Infrastructure Mgmt - Phase II 170,000 5405000 Customer Information System Version Migration 150,000 5501000 Water Transmission System Upgrade Pgm-Phase 1 6,090,000 5804000 Water Line Extension, Replacement & Rehab Pgm-Phase 1 900,000 5805000 Water Utility Asset Management Program - Phase 1 900,000 5806000 Backflow Prevention & Cross -Connection Control Pgm-Ph II 1,000,000 5952000 Water Pump Station Flow Monitoring and Data Storage 180,000 5953000 Water Tap Installation Program - Phase II 150,000 5967000 Water Resources Investigation & Planning - Phase 1 300,000 Total Water Utility Projects 13,996,000 Total Capital Budget 277,566,687 City of Virginia Beach, Virginia Attachment B — Financing Sources Capital Budget Financing Sources FY 2012-13 Federal Contribution 3,996,450 Franchise Fees 322,000 Fund Balance - General Fund 18,202,054 Fund Balance - Other 16,539,582 General Appropriations 22,812,415 General Obligation Bonds 63,868,564 Lease of Property 196,344 Lease -Purchase 5,727,934 Medicaid Cost Settlement 389,086 Parking Enterprise Fund 300,000 Private Contribution 25,151 Public Facility Bonds 37,857,702 Rental Income 3,850 Retained Earnings - Telecommunications 350,000 Retained Earnings - Water and Sewer Fund 5,000,000 Sale of Property 400,000 State Contribution 52,032,685 Storm Water Utility Fund 14,232,870 Water and Sewer Bonds 27,000,000 Water and Sewer Fund 8,310,000 Total Capital Budget 277,566,687 Attachment C - Transfers Appropriations Prior to Project # FY 2012-13 Cultural and Recreational Opportunities Parks and Recreation Proiects Transfer To: 4308000 Open Space Program Site Acquisition - Phase III 4300000 Community Recreation Centers Repairs & Renovations - Phase III 4306000 Open Space Park Development & Maintenance - Phase II 4505000 Modernization of Bow Creek Recreation Center Transfer From: $ 5,092,029 9,460,571 2,370,611 929,969 Total Transfer To: $ 17,853,180 4004000 Open Space Program Site Acquisition - Phase 1 $ 3,159,029 4070000 Open Space Program Site Acquisition - Phase II 1,933,000 4013000 Community Recreation Centers Repairs & Renovations - Phase 11 9,300,000 4034000 Recreation Centers Roof Maintenance & Replacement - Ongoing 160,571 4055000 Open Space Park Development & Maintenance - Phase 1 2,370,611 4051000 Stumpy Lake Golf Course Infrastructure Improvements 929,969 Total Transfer From: $ 17,853,180 Economic Vitality Economic and Tourism Development Proiects Transfer To: 9336000 Spot Blight Abatement Transfer From: 9199000 Conference/Convention Facility Renovation (On -Going) 58,978 Total Transfer To: $ 58,978 58,978 Total Transfer From: $ 58,978 Quality Physical Environment Roadways Transfer To: 2117000 Shore Drive Corridor Improvements - Phase III (Partial) 2412000 Cleveland Street/Clearfield Avenue Improvements 2167000 Lynn haven Parkway - Phase XI 2107000 Seaboard Road 2158000 Holland Road - Phase VI 2418000 Indian River Rd/Kempsville Rd Intersection Improvements Transfer From: 2731000 Shore Drive Interim Safety Improvements 2115000 Shore Drive - Intersections Demonstration Project 2401000 Greenwich Road Crossover 2257000 Lynnhaven Parkway/Volvo Parkway Intersection 2121000 Nimmo Parkway - Phase V-A (VDOT) 2190000 Congestion Relief and Safety Improvements $ 2,385,795 825,000 2,826,712 913,000 2,398,784 2,980,000 Total Transfer To: $ 12,329,291 $ 250,000 299,073 825,000 575,217 7,400,001 2,980,000 Attachment C - Transfers Appropriations Prior to Project # FY 2012-13 Total Transfer From: $ 12,329,291 Storm Water Transfer To: 7400000 Aragona Drainage Improvements $ 910,000 7151000 Cape Henry Beach Drainage 950,000 7038000 Thoroughgood Drainage - Interim 200,000 7024000 Southern Canal/Lead Ditch and Culvert Improvements 500,000 7416000 Storm Water Infrastructure Rehabilitation and Improvements - Phase II 1,000,000 7415000 Lake Management - Phase II 450,000 7067000 Primary System Infrastructure Improvements 970,893 Tank Upgrade Program - Phase II Total Transfer To: 4,980,893 Transfer From: 9,235 7145000 Arctic Avenue - Baltic Avenue 60,000 7033000 Rosemont Forest Drainage Improvements 1,500,000 7902000 North Beach Drainage 1,000,000 7404000 Aragona Neighborhood Infrastructure Rehabilitation 1,000,000 7405000 Brigadoon Lakes Maintenance Dredging 450,000 Fixed Assets of the Storm Water Capital Projects Fund 970,893 Total Transfer From: 4,980,893 Water and Sewer Utility Proiects Tra nsfer To: 5252000 Water Quality Program - Phase IV $ 100,000 5084000 System Expansion Cost Participation Agreements - Phase II 224,729 5501000 Water Transmission System Upgrade Program - Phase 1 179,605 5260000 Utility Crossing Condition Assessment - Phase II 343,518 6148000 System Expansion Cost Participation Agreements - Phase II 700,000 6555000 Utility Crossing Condition Assessment - Phase II 334,211 6041000 Pump Station Modifications - Phase V 1,336,048 Total Transfer To: $ 3,218,111 Transfer From: Fixed Assets (Various Closed -Out Projects) $ 805,663 5001000 Comprehensive Emergency Response & Planning - Phase 1 46,106 5007000 Customer Information System Replacement 13,502 5013000 Water SCADA System Upgrade 22,432 5087000 Bayway Road Water Improvements -51% 5,500 5130000 Lynnhaven Parkway Extended 111,382 5131000 Tank Upgrade Program - Phase II 153,948 5164000 IVR/CTI, Bill Prnt, Auto Payment Solution Design 9,235 5166000 Automated Mobile Water Reading System - Phase 1 811452 5167000 Tank Upgrade Program - Phase III 25,657 5207000 Laskin Road - Phase 1 7,198 5255000 Automated Mobile Water Reading System - Phase 11 500,000 Attachment C - Transfers Various Business Areas Transfer To: 3095000 Police Integrated Public Safety RMS 8933000 Landfill #2 Expansion Transfer From: Fixed Assets (Various Closed -Out Projects) 2161000 Traffic Signal Retiming 2076000 Laskin Road Gateway 2091000 Nimmo Parkways Phases II and III 3043000 CIT -In Vehicle Mapping 3083000 CIT -System Center Configuration Management 3086000 CIT -EMS Handheld Field Reporting 3209000 CIT -Enterprise Electronic Records Management System 3346000 CIT -Automatic Vehicle Locator System $ 1,074,819 1,383,709 Total Transfer To: $ 2,458,528 $ 682,681 599,800 100,000 1,228 107,545 27,802 83,260 288,385 567,827 Total Transfer From: $ 2,458,528 Appropriations Prior to Project # FY 2012-13 5400000 Fire Hydrant Program - Phase III 68,332 5401000 Records Management Improvements 3,965 5600000 29TH Street Water Tank Replacement 1,300 5602000 Princess Anne Rd/Kempsville Rd Intersection Improvements 600,000 5802000 Utility Crossing Condition Assessment 343,518 6028000 Comprehensive Emergency Response & Planning - Phase 1 9,667 6033000 Infiltration, Inflow, and Rehabilitation - Phase 1 19,067 6038000 Sewer SCADA System Upgrade 1,500 6139000 Bayway Road Sewer Improvements -51% 5,975 6169000 IVR/CTI, Bill Prnt, Auto Payment Solution Design 9,235 6451000 Eigineering Services - Various Projects 39,266 6802000 Utility Crossing Condition Assessment 334,211 Total Transfer From: $ 3,218,111 Various Business Areas Transfer To: 3095000 Police Integrated Public Safety RMS 8933000 Landfill #2 Expansion Transfer From: Fixed Assets (Various Closed -Out Projects) 2161000 Traffic Signal Retiming 2076000 Laskin Road Gateway 2091000 Nimmo Parkways Phases II and III 3043000 CIT -In Vehicle Mapping 3083000 CIT -System Center Configuration Management 3086000 CIT -EMS Handheld Field Reporting 3209000 CIT -Enterprise Electronic Records Management System 3346000 CIT -Automatic Vehicle Locator System $ 1,074,819 1,383,709 Total Transfer To: $ 2,458,528 $ 682,681 599,800 100,000 1,228 107,545 27,802 83,260 288,385 567,827 Total Transfer From: $ 2,458,528 Attachment D - Reductions in Non -City Funding Amount of Reduction in Appropriations Prior to Funding Project # FY 2012-13 Source Total Reduction: $ 3,361,364 Economic Vitality 9336000 Spot Blight Abatement $ 153,278 Sale of Property Total Reduction: $ 153,278 Quality Physical Environment 3503000 Lighthouse Multi -Service Center $ 1,016,000 Federal Funding 3503000 Lighthouse Multi -Service Center 900,000 Private Contributions 7153000 Lynnhaven Watershed Restoration 46,654 State Contribution 7159000 Water Quality Participation Projects 15,001 State Contribution 8933000 Landfill #2 Expansion 1,383,709 Southeastern Public Service Authority Total Reduction: $ 3,361,364 1 AN ORDINANCE AUTHORIZING THE ISSUANCE OF GENERAL 2 OBLIGATION PUBLIC IMPROVEMENT BONDS OF THE CITY OF 3 VIRGINIA BEACH, VIRGINIA, IN THE MAXIMUM AMOUNT OF 4 $67,700,000 FOR VARIOUS PUBLIC FACILITIES AND GENERAL 5 IMPROVEMENTS 6 WHEREAS, the City of Virginia Beach, Virginia (the "City"), desires to authorize the issuance of general 7 obligation public improvement bonds for various purposes in the maximum amount of $67,700,000, as permitted by the City 8 Charter, without submitting the question of their issuance to the qualified voters. 9 10 WHEREAS, City Council held public hearings on the program to provide for public comment; 11 12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 13 14 1. That it is hereby determined to be necessary and expedient for the City to construct and improve various 15 public facilities and make general improvements, all of which will promote the public welfare of the City and its inhabitants 16 and will facilitate the orderly growth, development, and general welfare of the City, and to finance the costs thereof through 17 the borrowing of up to $67,700,000 and issuing the City's general obligation bonds therefor. 18 19 2. That, pursuant to the City Charter and the Public Finance Act of 1991, there are hereby authorized to be 20 issued general obligation public improvement bonds of the City in the maximum amount of $67,700,000, to provide funds, 21 together with other funds that may be available, for various public improvement projects, including School, Roadway, Coastal, 22 Economic and Tourism, and Building projects, for project activities that include, but are not limited to, the following: 23 preliminary studies and surveys, permit compliance, environmental assessment, planning, design, engineering, site 24 acquisition, relocation of residents, utility relocation, construction, renovation, expansion, repair, demolition, site 25 improvement, site work, legal services, inspection and support services, furniture and equipment, and contingencies. 26 27 3. That the bonds may be issued as a separate issue at one time or in part from time to time or combined 28 with bonds authorized for other purposes and sold as part of one or more combined issues of public improvement bonds. 29 30 4. That the bonds shall bear such date or dates, mature at such time or times not exceeding 40 years from 31 their dates, bear interest, be in such denominations and form, be executed in such manner and be sold at such time or times 32 and in such manner as the Council may hereafter provide by appropriate resolution or resolutions. 33 34 5. That the bonds shall be general obligations of the City for the payment of the principal, premium, if any, 35 and interest on which its full faith and credit shall be irrevocably pledged. 36 37 6. That the City Clerk is directed to make a copy of this ordinance continuously available for inspection by 38 the general public during normal business hours at the City Clerk's office from the date of adoption hereof through the date 39 of the issuance of the Bonds. 40 41 7. That the City Clerk, in collaboration with the City Attorney, is authorized and directed to immediately file 42 a certified copy of this ordinance with the Clerk of the Circuit Court of the City of Virginia Beach. 43 44 8. That this ordinance shall be in full force and effective from its passage. 45 46 Adopted by the Council of the City of Virginia Beach, Virginia on this 8T" day of May, 2012. 47 48 Adoption requires the affirmative vote of two-thirds of all members of the City Council. APPROVED AS TO CONTENT: . j a - Management Services APPROVED AS TO LEGAL SUFFICIENCY: I Cis Office 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. 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 12 1. That it is hereby determined to be necessary and expedient for the City to continue its program of improving and 13 extending the System, which will promote the public welfare of the City and its inhabitants and will facilitate the orderly growth, 14 development, and general welfare of the City, and to finance the costs thereof through the borrowing of $27,000,000 and issuing 15 the City's revenue bonds therefore. 16 17 2. That pursuant to the City Charter and the Public Finance Act of 1991, there are hereby authorized to be issued water 18 and sewer system revenue bonds of the City in the maximum amount of $27,000,000 to provide funds, together with other 19 available funds, for financing the costs of improvements and expansions to the System. 20 21 3. That the bonds shall bear such date or dates, mature at such time or times not exceeding 40 years from their dates, 22 bear interest, be in such denominations and form, be executed in such manner and be sold at such time or times and in such 23 manner as the Council may hereafter provide by appropriate resolution or resolutions. 24 25 4. That the System is an undertaking from which the City may derive a revenue. The bonds shall be limited obligations 26 of the City, payable as to principal, premium, if any, and interest solely from the revenues derived by the City from the System, 27 and shall not be included within the otherwise authorized indebtedness of the City. The bonds shall not be deemed to create or 28 constitute an indebtedness of, or a pledge of the faith and credit of, the Commonwealth of Virginia or of any country, city, town, 29 or other political subdivision of the Commonwealth, including the City. The issuance of the bonds and the undertaking of the 30 covenants, conditions, and agreements to be contained in resolutions to be adopted or agreements to be entered into hereafter 31 shall not directly, indirectly, or contingently obligate the Commonwealth, the City, or any other political subdivision of the 32 Commonwealth to levy and collect any taxes whatsoever or make any appropriation therefore, except from the revenues pledged 33 to the payment of the principal of and premium, if any, and interest on the bonds. 34 35 5. That such resolutions to be adopted and agreements to be entered into hereafter authorizing the issuance of the 36 bonds and providing the details thereof shall contain appropriate covenants requiring the City to fix, charge, and collect such 37 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 38 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 39 the bonds as the same become due and to provide a margin of safety therefor. Such resolutions and agreements shall also 40 include such additional covenants, agreements, and other terms as are customary for the protection of the holders of water and 41 sewer revenue obligations. 42 43 6. That the City Clerk is directed to make a copy of this ordinance continuously available for inspection by the general 44 public during normal business hours at the City Clerk's office from the date of adoption hereof through the date of the issuance of 45 the bonds. 46 47 7. That the City Clerk, in collaboration with the City Attorney, is authorized and directed to immediately file a certified 48 copy of this ordinance with the Circuit Court of the City of Virginia Beach. 49 50 8. That this ordinance shall be in full force and effect from its passage. 51 52 Adopted by the Council of the City of Virginia Beach, Virginia on this e, day of May, 2012. 53 54 Adoption requires the affirmative vote of a majority of all members of the City Council. APPROVED AS TO CONTENT: )�QfV'G. Management Services APPROVED AS TO LEGAL SUFFICIENCY: ' ffice 1 AN ORDINANCE TO REALIGN REVENUES OF THE ROADWAYS CAPITAL 2 IMPROVEMENTS PROJECTS FROM VARIOUS SOURCES SET FORTH 3 HEREIN 4 WHEREAS, the City establishes funding sources for Roadways capital project based on initial estimates of State, 5 Federal and local sources provided by the Virginia Department of Transportation (VDOT); 6 7 WHEREAS, VDOT finalizes funding allocations in any given year after the proposed Capital Budget is finalized for 8 presentation to City Council; 9 10 WHEREAS, VDOT also adjusts revenue sources and local funding responsibility throughout the duration of a given 11 project; 12 13 WHEREAS, VDOT also adjusts the funding resources based on changes in scope, bids received, and availability of 14 annual funding; and 15 16 WHEREAS, this ordinance does not increase aggregate appropriations to date; and 17 18 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 19 20 1. That the following projects have $1,399,038 in local funding available as the projects are nearing final completion; 21 appropriations can be reduced and local revenue is necessary to provide local funding as set forth in paragraphs 6-8 22 below: a. 2-067 Sandbridge Road Safety Improvements $327,184 b. 2-073 Buckner Boulevard Extended 9,708 c. 2-074 1-264 Great Neck Ramps 396,312 d. 2-076 Laskin Road Gateway 9,625 e. 2-091 Nimmo Parkway Phases III and IV 18,704 f. 2-137 Great Neck Road IV/London Bridge Road III 419,502 g. 2-285 Traffic Safety Improvements 218,003 23 24 2. That the following projects have $3,336,344 in local funding available due to favorable bids or changes in local 25 funding requirements by VDOT; appropriations can be reduced and local revenue is necessary to provide local 26 funding as set forth in paragraphs 6-8 below: h. 2-121 Nimmo Parkway Phase V-A (VDOT) 2,078,329 i. 2-145 Wesleyan Drive 373,277 j. 2-305 Princess Anne Road — Phase IV 884,738 27 28 3. That the following projects have State funding reduced and Federal funding increased in equal amounts: 29 a. That Project 2-025 — Witchduck Road is hereby decreased by $623,100 in estimated State revenue and 30 increased by $623,100 in estimated federal revenue. 31 b. That Project 2-145 — Wesleyan Drive is hereby reduced by $7,552,910 in State revenue and increased by 32 $7,552,910 in Federal revenue. 33 c. That Project 2-152 — Elbow Road Extended — Phase II is hereby reduced by $3,644,000 in State revenue and 34 increased by $3,644,000 in Federal revenue. 35 d. That Project 2-165 — Laskin Road — Phase II is hereby reduced by $404,000 in State revenue and increased by 36 $404,000 in Federal revenue. 37 38 4. That the following projects have Federal funding reduced and State funding increased in equal amounts: 39 a. That Project 2-089 — Southeastern Parkway and Greenbelt is hereby reduced by $378,011 in Federal 40 revenue and increased by $378,011 in State funding. 41 b. That Project 2-177 — Proactive Safety Improvement Program is hereby reduced by $101,000 in Federal 42 revenue and increased by $101,000 in State revenue. 43 44 5. That Project 2-065 — Elbow Road Extended — Phase II -A is hereby reduced by $17,131 in estimated State revenue and 45 total appropriations in this project are reduced by $17,131. 46 47 6. That Project 2-039 — Computerized Traffic Signal System Upgrade and Replacement is hereby reduced by 48 $17,102,240 in estimated State revenue, increased by $10,840,370 in Federal revenue, increased by $1,314,307 49 supported by an appropriation of Interest on Bank Deposits, $1,399,038 in local revenue from the projects above, 50 and the appropriation reduced by $3,548,525. 51 52 7. That Project 2-048 — Princess Anne Road/Kempsville Road Intersection Improvements is he reduced by 53 $38,688,855 in State revenue, increased by $37,054,000 in Federal revenue and $1,634,855 in local revenue. 54 55 8. That Project 2-178 — Highway Safety Improvement Program is hereby reduced by $2,662,569 in Federal revenue, 56 increased by $67,095 in State revenue, increased by $1,701,489 in local revenue, and the appropriation reduced by 57 $893,985. 58 59 9. That this ordinance shall be in effect from the date of its adoption. 60 61 Adopted by the City Council of the City of Virginia Beach, Virginia on this 8T" day of May, 2012. 62 63 Requires an affirmative vote of the majority of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: �J C" Management Services Cit e Office CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Mr. Moss and Mr. DeSteph Proposal on the FY 2012-13 Operating Budget Related Ordinances MEETING DATE: May 8, 2012 ■ Background: On March 27, 2012, the City of Virginia Beach FY 2012-13 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 5th to provide information to citizens about the proposed budget. City Council held budget workshops on April 3rd, 10tH 17th 24tH and May 1St to discuss the budget. City Council held public hearings on April 18th, 24th and May 8th to provide the public the opportunity to comment on the proposed Resource Management Plan. ■ Considerations: Attached is a power point presented to City Council May 1, 2012, outlining the FY 2012-13 Operating Budget recommendations presented by Council Member Moss and Council Member DeSteph. Major recommended changes to the City Manager's Proposed Operating Budget are highlighted below with additional information available in the attached supporting documentation. 1. Real Estate tax rate is reduced from the City Manager's Operating Budget proposal of 93 cents to 89 cents. 2. Funds School with the exception of the 3% pay raise. 3. Reallocates resources to provide new investments. New investments are more detailed and further explained in the attached ordinances and PowerPoint presentation. The following ordinances are provided for the Council's consideration and approval to implement the FY 2012-13 Operating Budget and Capital Improvement Program based on the MayorNice Mayor's proposed modifications. 1. An Ordinance Making Appropriations for the Fiscal Year Beginning July 1, 2012 and Ending June 30, 2013 in the Sum of $1,748,263,981 for Operations 2. An Ordinance Establishing the Tax Levy on Real Estate for Fiscal Year 2013 3. An Ordinance Establishing the Tax Levy on Personal Property and Machinery and Tools for the Calendar Year 2013 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 $7,000,000 of Funding within the Sandbridge Tax Increment Financing District as Surplus Funds in the FY 2011-12 Operating Budget 6. An Ordinance to Complete the City's Financial Obligations Associated with the Lynnhaven Mall Development Agreement and Dissolve the Lynnhaven Mall Tax Increment Financing Fund 7. An Ordinance to Amend the City Code Pertaining to the Sanitary Sewer Service Water Tap Sizes 8. An Ordinance to Amend Chapters 8 and 33 of the City Code by Adding New Sections 8-37 and 33-72, Establishing a Technology Fee in the Amount of Five Dollars for Building, Electrical, Plumbing, Mechanical, Fence, Sign, Right -Of -Way and Certain Other Permits ■ Public Information: Three public hearings and one Open House have been held concerning the proposed real estate tax increase, the Operating Budget and Capital Improvement Program. Information on these ordinances was disseminated to the public through the publication of the Proposed Operating Budget and Capital Improvement Program documents which were available for public review at the Libraries and on the City's web site. In addition, the ordinances are advertised through the normal Council agenda process, including the advertisement of the City Council agenda. In accordance with the City Charter and State law, there was a series of public notices in the Beacon, which ap�eared on April 1St 8th and 15th and in the Main Section of the Virginian -Pilot on April 29t . ■ Attachments: FY 2012-13 Operating Budget Ordinances PowerPoint Presentation by Mr. Moss/DeSteph to City Council on May 1, 2012. Submitting DepartmenVAgency: Department of Management Services City Manager: REQUESTED BY COUNCILMEMBERS MOSS AND DeSTEPH 1 AN ORDINANCE MAKING APPROPRIATIONS FOR THE FISCAL YEAR 2 BEGINNING JULY 1, 2012 AND ENDING JUNE 30, 2013 IN THE SUM OF 3 $ 1,748,263,981 FOR OPERATIONS 4 WHEREAS, the City Manager has heretofore submitted an Annual Budget for the City for the fiscal year beginning 5 July 1, 2012, and ending June 30, 2013, 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 $2,422,876,795 consisting of $487,949,281 in inter -fund transfers, 10 $186,663,533 for internal service funds, and $1,748,263,981 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, 2012, and ending June 30, 2013, 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," which are adjusted as set forth herein to provide the changes after the City 19 Manager's proposed Operating Budget Appropriation. 20 21 Sec. 3. With the exception of the funds under the control of the School Board, specifically the funds numbered 106, 107, 22 108, 109, 112, 114, 115, 116, 117, 119, 614, and 615 (hereinafter referred to as "School Board Funds"), the total number of 23 full-time permanent positions shall be the maximum number of positions authorized for the various departments of the 24 City during the fiscal year, except for changes or additions authorized by the Council or as hereinafter provided. The City 25 Manager may from time to time increase or decrease the number of part-time or temporary positions provided the 26 aggregate amount expended for such services shall not exceed the respective appropriations made therefore. The City 27 Manager is further authorized to make such rearrangements of positions within and between the departments as may best 28 meet the needs and interests of the City, including changes necessary to implement the 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, Special Service District 39 Funds, Tax Increment Financing Fund or any fund to which City Council has, by ordinance, dedicated a tax levy. 40 41 Sec. 6. All balances of the appropriations payable out of each fund of the City Treasury at the close of business for the 42 fiscal year ending on June 30, 2013, unless otherwise provided for, are hereby declared to be lapsed into the fund balance 43 of the respective funds, except all appropriations to School Board Funds derived from local public sources which shall lapse 44 and revert to the General Fund Balance, and may be used for the payment of the appropriations that may be made in the 45 appropriation ordinance for the fiscal year beginning July 1, 2013. Prior to the expenditure of any sums that have lapsed to 46 the fund balance of any fund, an appropriation by the City Council shall be required. 47 48 Sec. 7. That the City's debt management policies for the Water and Sewer Enterprise Fund shall serve as a basis for 49 developing financial strategies for the water and sanitary sewer system based on the following guidelines: (a) for the Water 50 and Sewer Fund, the goal of retaining working capital equal to 80% to 100% of one year's operating expense shall be 51 pursued; (b) for the Water and Sewer Fund, the goal shall be for debt service coverage on its water and sewer revenue 52 bonds at not less than 1.50 times and, on a combined basis, including water and sewer general obligation bonds, at no less 53 than 1.20 times and (c) for the Water and Sewer Fund, contributions from non -borrowed funds, on a five-year rolling 54 average basis, will be sought for approximately 25% of the annual capital program for the water and sewer system. 55 56 Sec. S. All balances of appropriations in each fund which support authorized obligations or are encumbered at the close 57 of the business for the fiscal year ending on June 30, 2013, are hereby declared to be re -appropriated into the fiscal year 58 beginning July 1, 2013, and estimated revenues adjusted accordingly. 59 60 Sec. 9. All balances of appropriations attributable to grants or other similar funding mechanism from state or federal 61 sources and trust or gift funds, whose period of expenditure extends beyond the fiscal year ending on June 30, 2012, are 62 hereby declared to be re -appropriated into the fiscal year beginning July 1, 2012, and estimated revenues adjusted 63 accordingly. The close-out of any grant or similar funding mechanism shall account for all expenditures in such grant, and 64 provided there is any remaining balance in the grant, the portion of the balance attributable to local sources shall revert to 65 the General Fund, special revenue fund, or enterprise fund that provided the local contribution. 66 67 Sec.10. No department or agency for which appropriations are made under the provisions of this ordinance shall 68 exceed the amount of such appropriations except with the consent and approval of the City Council first being obtained. It 69 is expressly provided that the restrictions with respect to the expenditure of the funds appropriated shall apply only to the 70 totals for each Appropriation Unit included in this ordinance and does not apply to Inter -fund Transfers. 71 72 Sec.11. The City Manager or the Director of Management Services is hereby authorized to approve transfers of 73 appropriations in an amount up to $100,000 between any Appropriation Units included in this ordinance. The City 74 Manager shall make a monthly report to the City Council of all transfers between $25,000 and $100,000. In addition, the 75 City Manager may transfer, in amounts necessary, appropriations from all Reserves for Contingencies except Reserve for 76 Contingencies — Regular, within the intent of the Reserve as approved by City Council. 77 78 Sec. 12. The City Manager or the Director of Management Services is hereby authorized to establish and administer 79 budgeting within Appropriation Units consistent with best management practices, reporting requirements, and the 80 programs and services adopted by the City Council. The City Manager or the Director of Management Services is further 81 authorized to establish administrative directives to provide additional management oversight and control to ensure the 82 integrity of the City's budget. 83 84 Sec. 13. The City Manager or the Director of Management Services is hereby authorized to change the Estimated 85 Revenues included in this ordinance to reflect expected collections. If the Estimated Revenue in support of an Operating 86 Appropriation Unit declines, the City Manager or the Director of Management Services is hereby authorized to reduce, 87 subject to any other provision of law, those appropriations to equal the decline in Estimated Revenue. The City Manager 88 shall give prior notice to the City Council of any reduction to total appropriations exceeding $100,000. The notice to City 89 Council shall identify the basis and amount of the appropriation reduction and the Appropriation Units affected. The 90 accounting records of the City will be maintained in a manner that the total of Estimated Revenue is equal to the total of 91 the Appropriation Units for each of the City's funds. The City Manager or the Director of Management Services is hereby 92 authorized to transfer any excess appropriations to the Reserve for Contingencies after all anticipated expenditures for 93 which those funds were appropriated have been incurred. Nothing in this section shall be construed as authorizing any 94 reduction to be made in the amount appropriated in this ordinance for the payment of interest or principal on the bonded 95 debt of the City Government. 96 97 Sec. 14. Allowances made from the appropriations made in this ordinance by any or all of the City departments, 98 bureaus, or agencies, to any of their officers and employees for expenses on account of the use by such officers and 99 employees of their personal automobiles in the discharge of their official duties shall not exceed forty two cents ($0.42) per 100 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 101 fiscal year. 102 103 Sec. 15. In the event of an emergency and under emergency circumstances wherein the City Council cannot reasonably 104 hold a meeting, the City Manager is authorized to transfer and expend appropriated sums from any budget account to 105 ensure that the emergency is handled as efficiently and expeditiously as possible. Immediately following the expenditure 106 of funds under this provision, and as soon as the City Council can reasonably meet under the existing circumstances, the 107 City Manager shall notify the City Council of the reason for such action, how funds were expended, and present to the City 108 Council for adoption an emergency appropriations ordinance that sets forth what measures are required to ensure that 109 funds are forthwith restored to the appropriate accounts and that the budget is balanced at the end of the fiscal year in 110 which the emergency expenditures occurred. 111 112 An emergency is defined for the purposes of this provision as an event that could not have been reasonably 113 foreseen at the time of the adoption of the budget, and in which (i) an immediate threat to the public health, safety or 114 welfare is involved, such as clean-up after a hurricane, and/or (ii) immediate action is required to protect or preserve public 115 properties. 116 117 Sec. 16. All travel expense accounts shall be submitted on forms approved by the Director of Finance and according to 118 regulations approved by the City Council. Each account shall show the dates expenses were incurred or paid; number of 119 miles traveled; method of travel; hotel expenses; meals; and incidental expenses. The Director of Finance is specifically 120 directed to withhold the issuance of checks in the event expense accounts are submitted for "lump -sum" amounts. 121 122 Sec. 17. The City Manager is hereby authorized to allocate funding, within the aggregate amounts approved by City 123 Council for total compensation, to implement the General Assembly mandated changes to the Virginia Retirement System 124 ("VRS") that require all full-time City employees hired before July 1, 2010 to pay one percent (1%) of their salaries to the 125 VRS to be offset by a pay increase of one percent (1%). 126 127 Sec. 18. That the City Manager or his designee is hereby authorized to implement the organizational and financial 128 adjustments necessary to eliminate the Print Shop Internal Service Fund. Any funds provided to the Print Shop Internal 129 Service Fund that are unobligated and unencumbered at the close of business on June 30, 2012, shall lapse and such lapsed 130 funds shall be transferred to the fund balance of the General Fund. 131 132 Sec. 19. That the following adjustments of revenue shall be made to the attachments from what was part of the 133 Manager's proposed budget to provide a cumulative savings to offset the proposed real property tax increase ($19M): 134 a. Of the funds to implement the VRS change discussed in paragraph 17, the reduction from 5% to 1% reduces 135 the total amount of compensation $6,000,000; 136 b. Reduce the General Fund Pay -go funding for Economic Development projects and move that $2,997,570 to 137 the Operating Budget General Fund; 138 c. Reduce new vehicle purchases by $1,000,000; 139 d. Eliminate car allowances for $200,000 in savings; 140 e. Reduce the Reserve for Fuel by $1,000,000; 141 f. Elimination of 34 vacant positions (FTEs) for a savings of $2,022,500, which shall not include public safety; 142 g. For 136 current vacancies, fund at a half year for a savings of $4,620,000, which shall not include public 143 safety; 144 h. Move the current FTEs in the SGA Office to existing vacancies in the Planning Department for a savings of 145 $562,800; 146 i. Move the Resort Programs Office from the General Fund to TIP/TAP funding for a General Fund savings of 147 $390,100; 148 i. Eliminate one Deputy City Manager in the City Manager's Office for a savings of $200,000; and 149 k. Reduce the General fund Pay -go funding for CIP 3-648 CIT Bi -Weekly payroll by $7,030 and move that 150 amount to the Operating Budget General Fund. 151 152 Sec. 20. That the revenues and appropriations in the City Manager's proposed budget shall be adjusted in the following 153 manner, which impacts the Schools Administration Classification; 154 a. Additional funding in the aggregate amount of $3,400,000 shall be provided from the following sources: 155 1. $2,700,000 from the Commonwealth funding that was part of the General Assembly's adopted budget• 156 2. $500,000 from a reduction in Mass Transit Operations (which will be funded at last year's $3,519,145 157 plus $453,534 for fuel adjustments); and 158 3. $200,000 from a 10% reduction in Regional Participation. 159 b Acknowledging that the City Council funds the Schools at the major classification level, the following 160 requested items were not funded at this time which would have cost an total of $14,000.000: 161 1 The School Board's requested 3% raise for employees which would reduce the difference between the 162 funding provided and the School Board's request a total of $13,500,000; 163 2. The Administration Classification funding is reduced $500,000 for efficiency savings; 164 165 Sec 21 The City portion of Health Care shall be increased by $3,000,150 (and the employee portion decreased) with 166 funding for the increase from the City coming from the following sources: 167 a. Reduce the General fund Pay -go funding for CIP 3-637 by $436,150 and move that amount to the 168 Operating Budget General Fund; and 169 b. Provide $2,564,000 from the ARP Fund Balance. 170 171 Sec. 22. That $824,542 that the City Manager's proposed budget provided to the ARP Special Revenue Fund shall be 172 reprogrammed as follows: 173 a. $436,000 is be provided for a pilot to establish an academic chair for private mob growth via research; and 174 b. $388,542 is held as a Reserve for Offsets. 175 176 Sec. 14 23. Violation of this ordinance may result in disciplinary action by the City Manager against the person or persons 177 responsible for the management of the Appropriation Unit in which the violation occurred. 178 179 SeG. 19. Funds On the amaunt ef $3,600,000 180 $1,500,000 181 Management Int al S e F Rd effective en i, a 30 2011 182 183 SeG. 969. Funds On the amount of $14,500,000 aFe heFeby tFansfeFFed 40FA the fund balance of the SGheel Risk 184 Management Intefflal SeFy*c;e Fund to the fund balance ef the GeneFal Fund effeGtive an june 30, 2011. 185 186 Sec. 28 24. With the exception of Seetiens 14 app 9 +This ordinance shall be effective on July 1, 2012. 187 188 Sec. 4125. If any part of this ordinance is for any reason declared to be unconstitutional or invalid, such decision shall not 189 affect the validity of the remaining parts of this ordinance. 190 191 Adopted by the Council of the City of Virginia Beach, Virginia, on this the 81h day of May, 2012. 192 193 Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO LEGAL SUFFICIENCY: ic$ thi y Attorney REQUESTED BY COUNCILMEMBERS MOSS AND DeSTEPH 1 AN ORDINANCE ESTABLISHING THE TAX LEVY ON REAL ESTATE FOR FISCAL 2 YEAR 2013 3 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 5 Sec. 1. Amount of Levy on Real Estate. 6 There shall be levied and collected for fiscal year 2013 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 8 provided for in this ordinance, at the rate of eighty-nine cents ($0.89) on each one hundred dollars ($100) of assessed 9 valuation thereof. The real property tax rate that has been prescribed in this section shall be applied on the basis of one 10 hundred percentum of the fair market value of such real property, except for public service real property, which shall be on 11 the basis 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 2013, 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 2013, 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 Elderly 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 2013, 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 45 one hundred dollars ($100) of assessed value thereof. This real estate tax rate shall be in addition to the real estate tax set 46 forth in Section 1 of this ordinance. For real property that qualifies for Land Use Assessment, pursuant to Division 2 of 47 Chapter 35 of the City Code, or Exemption, Deferral or Freeze for Elderly and Disabled Persons, pursuant to Division 3 of 48 Chapter 35 of the City Code, this real estate tax rate shall be applied in the same manner as the real estate tax rate set forth 49 in Section 1 of this ordinance. The real estate tax rate imposed herein shall be applied on the basis of one hundred 50 percentum of the fair market value of such real property, except for public service real property, which shall be on the basis 51 as provided in 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 2013, 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. Amount of Levy on Properties Listed in the Virginia Landmarks Register. 62 In accordance with Section 58.1-3221.5 of the Code of Virginia and any relevant section of the City Code, there 63 shall be levied and collected for general purposes for the fiscal year 2013 taxes on buildings that are individually listed on 64 the Virginia Landmarks Register, not including the real estate or land on which the building is located, so long as the 65 building is maintained in a condition such that it retains the characteristics for which it was listed on the Virginia Landmarks 66 Register at a rate of forty-five cents ($0.45) on each one hundred dollars of assessed valuation thereof. The real property 67 tax rate imposed in this section shall be applied on the basis of one hundred percentum of fair market value of such real 68 property except for public service property, which shall be on the basis as provided by Section 58.1-2604 of the Code of 69 Virginia. 70 71 Sec. 7. Amount of Levv on Real Estate Within the Old Donation Special Service District. 72 There shall be levied and collected for fiscal year 2013, taxes for the special purpose of providing neighborhood 73 channel dredging of creeks and rivers to maintain existing uses on all real estate within the Old Donation Special Service 74 District not exempt from taxation at the rate of eighteen and four -tenths cents ($0.184) on each one hundred dollars 75 ($100) of assessed value thereof. This real estate tax rate shall be in addition to the real estate tax rate set forth in Section 1 76 of this ordinance. This tax rate shall apply without reduction to any properties subject to ad valorem taxes including those 77 properties enrolled in the Exemption Deferral or Freeze for Elderly and Disabled Persons City Code §§ 35-61 et seq. As set 78 forth in Code of Virginia section 15.2-2403(6) written consent is required to apply this tax rate to the full assessed value of 79 properties subiect to special use value assessment. The real estate tax rate imposed herein shall be applied on the basis of 80 one hundred percentum (100%) of the fair market value of such real property except for public service real property, which 81 shall be on the basis as provided in Section 58.1-2604 of the Code of Virginia. 82 83 Sec. 8. Amount of Levy on Real Estate Within the Bavville Creek Special Service District. 84 There shall be levied and collected for fiscal year 2013, taxes for the special purpose of providing neighborhood 85 channel dredging of creeks and rivers to maintain existing uses on all real estate within the Bavville Creek Special Service 86 District, not exempt from taxation, at the rate of thirty six and three -tenths cents ($0.363) on each one hundred dollars 87 ($100) of assessed value thereof. This real estate tax rate shall be in addition to the real estate tax rate set forth in Section 1 88 of this ordinance. This tax rate shall apply without reduction to any properties subject to ad valorem taxes including those 89 properties enrolled in the Exemption, Deferral or Freeze for Elderly and Disabled Persons, City Code §§ 35-61, et seq. As set 90 forth in Code of Virginia, section 15.2-2403(6), written consent is required to apply this tax rate to the full assessed value of 91 properties subject to special use value assessment. The real estate tax rate imposed herein shall be applied on the basis of 92 one hundred percentum (100%) of the fair market value of such real property except for public service real property, which 93 shall be on the basis as provided in Section 58.1-2604 of the Code of Virginia. 94 95 Sec. 6.9. Severability. 96 If any portion of this ordinance is for any reason declared to be unconstitutional or invalid, such decision shall not 97 affect the validity of the remaining portions of this ordinance. 98 99 Sec. 7,10.Effective Date. 100 The effective date of this ordinance shall be July 1, 2012. 101 102 Adopted by the City Council of the City of Virginia Beach, Virginia on this 8th day of May, 2012. 103 104 Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO LEGAL SUFFICIENCY: `A#filn-,qfAfieklffTAtt6rney REQUESTED BY COUNCILMEMBERS MOSS AND DeSTEPH 1 AN ORDINANCE ESTABLISHING THE TAX LEVY ON PERSONAL 2 PROPERTY AND MACHINERY AND TOOLS FOR THE CALENDAR YEAR 3 2013 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 2013 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 240-% 41% 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 59% 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% 41% 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% 59% 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. Penalties 29 and interest with respect to bills issued pursuant to this section shall be computed on the entire amount of tax owed. 30 Interest shall be computed from the original due date of the tax. 31 32 Sec. 3. Amount of Levy on Certain Classifications of Tangible Personal Property 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 2013 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 primarily for research, development, production or provision of biotechnology 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. 4. Amount of Levy on Manufactured Homes. 56 There shall be levied and collected for general purposes for the calendar year 2013 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. S. 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 2013 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 8 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. 6. 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 2013 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 8 of this ordinance, at the rate of one dollar and fifty cents ($1.50) on each one hundred dollars 72 ($100) of assessed valuation thereof. Such property declared a separate class of tangible personal property in Sections 73 58.1-3506 (A) (1) (a) and (A) (1) (b). 74 75 Sec. 7. Amount of Levy on Machinery and Tools. 76 In accordance with Section 58.1-3507 of the Code of Virginia, there shall be levied and collected for general 77 purposes for the calendar year 2013 taxes on machinery and tools, including machinery and tools used directly in the 78 harvesting of forest products or semiconductor manufacturing, not exempt from taxation, at the rate of one millionth of 79 one cent ($.000001) on each one hundred dollars ($100) of assessed valuation thereof. As provided by Code of Virginia § 80 58.1-3506 (B), the following personal property shall also be taxed at the rate of machinery and tools: 81 a. all tangible personal property used in research and development businesses, as described in Code of 82 Virginia § 58.1-3506 (A) (7); 83 b. generating or cogenerating equipment, as described in Code of Virginia § 58.1-3506 (A) (9); and 84 c. all motor vehicles, trailers and semitrailers with a gross vehicle weight of 10,000 pounds or more used to 85 transport property for hire by a motor carrier engaged in interstate commerce, as described in Code of Virginia § 58.1-3506 86 (A) (25). 87 88 Sec. S. Amount of Levy on Privately Owned Pleasure Boats and Watercraft Used for Recreational Purposes Only. 89 There shall be levied and collected for general purposes for the calendar year 2013 taxes on all privately owned 90 pleasure boats and watercraft used for recreational purposes only, at the rate of one millionth of one cent ($.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. 9. Amount of Levy on Privately Owned Camping Trailers, Privately Owned Travel Trailers, and Motor Homes Used for 95 Recreational Purposes Only, and Privately Owned Horse Trailers. 96 There shall be levied and collected for general purposes for the calendar year 2013 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 declared 102 a separate class of tangible personal property in Sections 58.1-3506 (A) (18) and (A) (30). 103 104 Sec. 10. 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 2013 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.11. 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 2013, 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 2012 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 2012, 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. 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. 13. 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. 14. Effective Date. 145 This ordinance shall be effective January 1, 2013. 146 147 Adopted by the Council of the City of Virginia Beach, Virginia, on this 8th day of May, 2012. 148 149 Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO LEGAL SUFFICIENCY: —office oh rney 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO SUBMIT AN ANNUAL FUNDING PLAN TO THE U.S. DEPARTMENT OF HOUSING 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 2012-13 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 8ch day of May, 2012. APPROVED AS TO CONTENT: U l� Management Services APPROVED AS TO LEGAL SUFFICIENCY: Cit or y' ffice 1 AN ORDINANCE TO DECLARE $7,000,000 OF FUNDING WITHIN THE 2 SANDBRIDGE TAX INCREMENT FINANCING DISTRICT AS SURPLUS 3 FUNDS IN THE FY 2011-12 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, $ 7,000,000 is available as an unencumbered appropriation in the FY 2011-12 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 $ 7,000,000 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 $ 7,000,000 is hereby transferred within the FY 2011-12 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, 2012. 29 30 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 8th day of May, 2012. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: y ,Management Services City__ fice 1 AN ORDINANCE TO COMPLETE THE CITY'S FINANCIAL OBLIGATIONS 2 ASSOCIATED WITH THE LYNNHAVEN MALL DEVELOPMENT 3 AGREEMENT AND DISSOLVE THE LYNNHAVEN MALL TAX INCREMENT 4 FINANCING FUND 5 WHEREAS, the City Council established the Lynnhaven Mall Tax Increment Financing Fund on June 9, 6 1998; 7 g WHEREAS, the City entered into the Lynnhaven Mall Development Agreement ("Agreement") on June 9 29, 2000 with Knickerbocker Properties, Inc. III to enhance the retail and theater amenities for the City's residents 10 and visitors, while also addressing public parking, transit opportunities, and storm water management needs 11 within a Tax Increment Financing District; 12 13 WHEREAS, the parking lease component of the Development Agreement has a twenty year term, which 14 will continue after the City's financial obligations have been satisfied; 15 16 WHEREAS, the Agreement specifies the City's financial obligations and provides for a one percent (1%) 17 reduction for each fiscal year prior to FY 2013-14 the City meets its financial obligations; and 18 19 WHEREAS, sufficient fund balance is available in the Fund in addition to FY 2011-12 appropriations to 20 fulfill the City's obligations. 21 22 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 23 1. That $1,133,984 is hereby appropriated from the fund balance of the Fund to fulfill the City's 24 financial obligations under the Agreement. 25 2. That any remaining funds after the City fulfills its financial obligations under the Agreement shall 26 be declared to be surplus. 27 3. That any surplus funds in the Fund shall be transferred to the General Fund, wherein such funds 28 will lapse to the General Fund's fund balance at the end of the fiscal year. 29 4. That the Lynnhaven Mall Tax Increment Financing Fund shall be dissolved on June 30, 2012. 30 5. That this ordinance shall be effective on the date of its adoption. 31 32 Adopted by the Council of the City of Virginia Beach, Virginia on the 8th day of May, 2012. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Management Services Cit r y's Office 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 AN ORDINANCE TO AMEND THE CITY CODE PERTAINING TO THE SANITARY SEWER SERVICE WATER TAP SIZES SECTION ADDED: § 28-26.1 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained by adding thereto a new section 23-26.1 to read as follows: Sec 28-26.1. Nonresidential Tap Sizing. For nonresidential uses wherein an Omni type meter combines domestic and fire flow through a single meter, the sewer charge provided by section 28-26 shall be based on a meter size equal to the calculated domestic flow. BE IT FURTHER ORDAINED: That the effective date of this ordinance shall be July 1, 2012. Adopted by the Council of the City of Virginia Beach, Virginia, on this 8th day of May, 2012. APPROVED AS TO CONTENT: Management Services APPROVED AS TO LEGAL SUFFICIENCY: Ci r ey Office 1 AN ORDINANCE TO AMEND CHAPTERS 8 AND 33 OF THE CITY CODE BY ADDING NEW 2 SECTIONS 8-37 AND 33-72, ESTABLISHING A TECHNOLOGY FEE IN THE AMOUNT OF 3 FIVE DOLLARS FOR BUILDING, ELECTRICAL, PLUMBING, MECHANICAL, FENCE, SIGN, 4 RIGHT-OF-WAY AND CERTAIN OTHER PERMITS 5 Sections Added: City Code Sections 8-37 and 33-72 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 8 9 That Chapter 8 of the City Code is hereby amended by the addition of a new City Code Section 8-37, establishing a 10 technology fee in the amount of $5.00 for building and certain other permits required by Sections 8-31, 8-31.1, 8-32, 8-33, 11 8-34, and Chapter 33 is hereby amended by the addition of a new City Code Section 33-72, establishing a technology fee in 12 the amount of $5.00 for right-of-way permits required by City Code Section 33-51, to read as follows: 13 14 CHAPTER 8. BUILDINGS AND BUILDING REGULATIONS 15 16 •••• 17 18 ARTICLE 11. VIRGINIA UNIFORM STATEWIDE BUILDING CODE. 19 20 DIVISION 1. GENERALLY 21 22 •.•• 23 24 Sec. 8-31. - Permit fees—Building permits. 25 26 (a) It shall be unlawful for any person to construct, enlarge, alter, repair or demolish any building or structure 27 as defined in the Virginia Uniform Statewide Building Code without first obtaining a building permit therefor and paying the 28 permit fees set forth in this section. 29 30 (b) The minimum fee for any building permit shall be thirty dollars ($30.00). 31 32 (c) For the construction of any building or addition thereto where the floor area is increased and for the 33 installation or erection of any industrialized building unit, the fee shall be based on the floor area to be constructed, as 34 computed from exterior building dimensions at each floor, as follows: 35 36 (1) Residential—living area—Thirty dollars ($30.00) plus seven dollars ($7.00) for each one hundred 37 (100) square feet or fraction thereof. 38 39 (2) Residential—nonheated building area (residential accessory buildings and structures)—Thirty 40 dollars ($30.00) plus four dollars ($4.00) for each one hundred (100) square feet or fraction 41 thereof. 42 43 (3) Businesses/mercantile—building area—Thirty dollars ($30.00) plus eight dollars ($8.00) for each 44 one hundred (100) square feet or fraction thereof. 45 46 (4) Institutional—building area—Thirty dollars ($30.00) plus eight dollars ($8.00) for each one 47 hundred (100) square feet or fraction thereof. 48 49 (5) Assembly, churches, and government buildings—building area—Thirty dollars ($30.00) plus eight 50 dollars ($8.00) for each one hundred (100) square feet or fraction thereof. (6) Storage—building area—Thirty dollars ($30.00) plus four dollars ($4.00) for each one hundred (100) square feet or fraction thereof. (7) Hazardous storage or occupancy—building area—Thirty dollars ($30.00) plus eight dollars ($8.00) for each one hundred (100) square feet or fraction thereof. (8) Industrial—building area—Thirty dollars ($30.00) plus eight dollars ($8.00) for each one hundred (100) square feet or fraction thereof. (9) Farm buildings—building area—Thirty dollars ($30.00) plus three dollars ($3.00) for each one hundred (100) square feet or fraction thereof. Farm buildings and structures shall be subject to the requirements of this section; provided, however, that farm buildings and structures not used for residential purposes shall not be subject to the technical requirements of the Virginia Uniform Statewide Building Code. (10) Alterations, repairs, private piers, bulkheads, pools, elevators, commercial interior finish, miscellaneous structures and structures located in a Chesapeake Bay Preservation Area or a Southern Watersheds Area for which a permit fee is not otherwise prescribed by this section, including, but not limited to, patios and driveways—value of construction—Thirty dollars ($30.00) plus five dollars ($5.00) for each one thousand dollars ($1,000.00) of value of construction or fraction thereof. (11) Moving of buildings or structures: For the moving of any building or structure into, out of, through or within the city, the fee shall be calculated in accordance with subsection (c)(1). (12) Demolitions: For the demolition of any building or structure, the fee shall be fifty dollars ($50.00). (13) Signs: a. Fees for the erection, painting, placing, replacing, repairing, hanging or rehanging of signs shall be based on the total surface area of all sign faces, and shall be as follows: 1. Single -face signs: 4-32 square feet .....$46.00 33-75 square feet .....69.00 76-150 square feet .....115.00 2. Double -face signs: 4-32 square feet .....$92.00 33-75 square feet .....115.00 76-150 square feet .....138.00 b. The fee for a permit for the repair of a billboard shall be in accordance with subsection (c)(10). C. Fees for the erection, painting, placing, replacing, repairing, hanging or rehanging of temporary signs shall be in an amount equal to one-half of the fee chargeable for permanent signs of like size. 103 (14) Administrative fee: If any construction, alteration, repair, or other work requiring a permit under 104 this article is commenced before a permit is secured and fee paid for same, an administrative fee 105 of one hundred fifty dollars ($150.00) shall be added to the fee due. Payment of such 106 administrative fee shall not in any way relieve the violator of any criminal prosecution. 107 108 (15) Tents: Tents and other temporary structures permit fee shall be Thirty dollars ($30.00). 109 110 (16) Reinspection fee: There shall be a minimum of fifty dollars ($50.00) additional fee charged for 111 each reinspection. 112 113 (16.1) DFU pre -inspection fee: There shall be a fifty dollar ($50.00) fee for pre -inspections for DFU 114 disconnections. 115 116 (17) Appeal: The fee for submitting an appeal to the board of building code appeals shall be one 117 hundred dollars ($100.00). Such fee shall be paid by the appellant. 118 119 (18) Change of use/certificate of occupancy for existing structure(s): 120 121 a. The minimum fee for the inspection of any new construction or existing structure 122 requested by the permit holder shall be fifty dollars ($50.00) for each inspection. 123 124 b. The minimum fee associated with a change of use or request for a certificate of 125 occupancy for an existing structure or structures on the same property shall be seventy - 126 five dollars ($75.00). 127 128 (19) Application for septic tank soil evaluation: The fee shall be fifty dollars ($50.00) paid at the time 129 of application. If the application is approved, the septic tank permit shall be issued with no 130 additional fee. 131 132 (20) There shall also be a review fee in the amount of one hundred dollars ($100.00) for review of 133 commercial plans. 134 135 COMMENT 136 137 This section is shown for references purposes only; no substantive changes are made. 138 139 Sec. 8-31.1. - Fences and walls. 140 141 (a) A permit shall be required for the construction, reconstruction, replacement or relocation of any fence or 142 wall located within thirty (30) feet of a public right-of-way, except fences or walls used principally for agricultural or 143 horticultural purposes in an AG Agricultural Zoning District. Any such fence or wall located upon more than one (1) lot shall 144 require a separate permit for each such lot, except lots under common ownership. 145 146 (b) The fee for permits required by this section shall be thirty dollars ($30.00). 147 148 COMMENT 149 150 This section is shown for references purposes only; no substantive changes are made. 151 152 Sec. 8-32. - Same—Plumbing permits. 153 154 (a) The fee for a permit for plumbing work, as required by the building code, shall be thirty dollars ($30.00) 155 and, in addition thereto, the following: 156 (1) Each plumbing fixture, floor drain or tap: Six dollars ($6.00). 157 158 (2) Each house sewer connection: Thirty dollars ($30.00). 159 160 (3) Each house water connection: Thirty dollars ($30.00). 161 162 (4) On-site sanitary sewer collector lines: one building—thirty dollars ($30.00), two (2) or more 163 buildings—fifty dollars ($50.00) for each building. 164 165 (5) On-site potable water distribution lines: one building—thirty dollars ($30.00), two (2) or more 166 buildings—fifty dollars ($50.00) for each building. 167 168 (6) Public utilities ultra low flush toilet program: thirty dollars ($30.00) for the first three (3) toilets 169 plus five dollars ($5.00) for each toilet over three (3). 170 171 (b) The fees prescribed in this section shall be in addition to the sewer and water connection fees and 172 charges provided for in chapters 28 and 37 of this Code. 173 174 (c) On any plumbing work commenced before a plumbing permit has been issued and the requisite fee paid 175 therefore, an administrative fee of one hundred fifty dollars ($150.00) per unit shall be added to the fee due. Payment of 176 such administrative fee shall not in any way relieve the violator from such penalties as may be imposed by the courts. 177 178 COMMENT 179 180 This section is shown for references purposes only; no substantive changes are made. 181 ` 182 Sec. 8-33. - Same—Mechanical, life safety, elevator and gas permits. 183 184 (a) The minimum fee for the installation or replacement of mechanical/life safety systems or equipment shall 185 be thirty dollars ($30.00) plus five dollars ($5.00) for each one thousand dollars ($1,000.00) of value or fraction thereof. 186 187 (b) The minimum fee for the installation of gas outlets for a gas piping system shall be thirty dollars ($30.00) 188 plus four dollars ($4.00) for each outlet. 189 190 (c) The minimum fee for the relocation of a gas meter shall be thirty dollars ($30.00). 191 192 (d) For annual inspections of elevators and escalators, the fees shall be as follows: 193 194 (1) Annual safety test and inspection: 195 196 a. Tractor/cable elevator—$100.00. 197 198 b. Hydraulic elevator—$100.00. 199 200 C. Freight elevators—$100.00. 201 202 d. Escalator—$100.00. 203 204 (2) Five-year full rate load safety test and inspection: 205 206 a. Tractor/cable elevators—$100.00. 207 208 (e) On any mechanical, life safety, elevator or gas work commenced before a mechanical permit has been 209 issued and the requisite fee paid therefore, and administrative fee of one hundred fifty dollars ($150.00) per unit shall be 210 added to the fee due. Payment of such administrative fee shall not in any way relieve the violator from such penalties as 211 may be imposed by the courts. 212 213 COMMENT 214 215 This section is shown for references purposes only; no substantive changes are made. 216 217 Sec. 8-34. - Same—Electrical permits. 218 219 (a) The fee for a permit for electrical work, as required by the building code, shall be as specified in this 220 section. 221 222 (b) There shall be charged a minimum fee of thirty dollars ($30.00) for each permit issued. 223 224 (c) For a permit issued for a temporary service, such as a trailer, house meter or meter loop added to an 225 existing service, the fee shall be thirty dollars ($30.00). 226 227 (d) For a permit for any special condition, such as and including temporary electrical release for construction 228 purposes, buildings moved, swimming pools, carnivals, services relocated but not increased and the like, the fee shall be a 229 minimum of fifty dollars ($50.00). The fee for a permit for prefabricated buildings for out -of -city use shall be thirty dollars 230 ($30.00). 231 232 (e) For a permit issued for original construction, the following fees include all equipment outlets only if 233 specifically listed on the application and installed by the permit holder before the final inspection, such fees being based on 234 the maximum current carrying capacity of each set or subset of service conductors installed, to the nearest fifty (50) 235 amperes: 236 237 (1) Single-phase: Thirty dollars ($30.00) plus twenty dollars ($20.00) for each fifty (50) amperes. 238 239 (2) Three-phase: Eighty dollars ($80.00) for the first fifty (50) amperes plus twenty dollars ($20.00) 240 for each additional fifty (50) amperes. 241 242 When services are increased or phases added, the fee shall be one-half the rate above, plus the added equipment fee. For 243 fee purposes, the service -panel nameplate amperage rating shall be used. 244 245 (f) For each piece of equipment connected and for each circuit or feeder installed, extended, relocated or 246 repaired, the fee shall be thirty dollars ($30.00) plus five dollars ($S.00) per circuit. 247 248 (g) On any electrical work commenced before an electrical permit has been issued and the requisite fee paid 249 therefore, an administrative fee of one hundred fifty dollars ($150.00) per unit shall be added to the fee due. Payment of 250 such administrative fee shall not in any way relieve the violator from such penalties as may be imposed by the courts. 251 252 COMMENT 2S3 254 This section is shown for references purposes only; no substantive changes are made. 255 256 Sec. 8-37. Technology fee. 257 258 In addition to any fees otherwise required by this chapter, there shall be a fee in the amount of Five Dollars ($5.00) 259 for permits issued pursuant to Sections 8-31 8-31.1, 8-32 8-33 8-34...Such fee shall be for the following purposes: 260 261 (a) To improve community access to general information about cases applications permits and inspections 262 by providing online user-friendly search and viewing tools; 263 264 (b) To facilitate communications with property owners consultants and contractors through use of on-line 265 checklist and activity tracking that automatically emails notifications and updates regarding permit status and other 266 information not previously available on-line; 267 268 (c) To increase transparency and accountability in business operations by providing users the ability to track 269 all transactions online; 270 271 (d) To enhance performance and revenue reporting by providing the ability to produce ad hoc reports on 272 demand; and 273 274 (e) To improve and expand electronic document storage management and retrieval by including scanned 275 images as part of the on-line permit record. 276 277 COMMENT 278 279 The section establishes a new "technology fee" in the amount of $5.00 for permits issued under the City Code 280 sections listed in the ordinance and sets forth the purposes of the fee. The use of the technology for which the fee is 281 established will significantly upgrade the permitting process, thereby facilitating its use by property owners and other 282 users of the system and allowing for greater efficiency in keeping permit records. 283 284 CHAPTER 33. STREETS AND SIDEWALKS 285 286 ...• 287 288 ARTICLE II. WORK ON, OVER, UNDER OR AFFECTING STREETS 289 290 .... 291 292 Division 2. Permit Generally 293 294 Sec. 33-51. General requirement. 295 296 Except as otherwise provided in this article, it shall be unlawful for any person to perform any work in connection 297 with the erection, construction, removal, relocation or maintenance of any structure, drainage system, surface, overhead or 298 underground installation or to cut, trim or spray trees or to place signs, if such work, cutting, trimming, spraying or placing 299 is on, under or over a street or affects a street, until such person has obtained a permit therefor in accordance with the 300 provisions of this division. 301 302 COMMENT 303 304 This section is shown for references purposes only; no substantive changes are made. 305 306 .... 307 308 Division 3. Permit, Inspection and guarantee fees. 309 310 Sec. 33-71. - Schedule. 311 312 (a) Permit, inspection and guarantee fees for work for which a permit is required by this article shall be required or 313 not required in accordance with the following schedule: 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 (b) At the time easement or dedication plats are submitted a review fee in the amount of eighty-four dollars ($84.00) shall be required. COMMENT This section is shown for references purposes only; no substantive changes are made. Sec. 8-72. Technology fee. In addition to any fees otherwise required by this chapter, there shall be a fee in the amount of Five Dollars ($5.00) for permits issued pursuant to Section 33-51 Such fee shall be for the following purposes: (a) To improve community access to general information about cases applications permits and inspections by providing online user-friendly search and viewing tools; (b) To facilitate communications with property owners consultants and contractors through use of on-line checklist and activity tracking that automatically emails notifications and updates regarding permit status and other information not previously available on-line; (c) To increase transparency and accountability in business operations by providing users the ability to track all transactions online; (d) To enhance performance and revenue reporting by providing the ability to produce ad hoc reports on demand; and Type of Project One (1) permit for work of a continuing nature Permit Fee $100.00 Inspection Fee Based on 1.5% the total cost of construction as provided in the engineer's cost estimate, excluding Minimum Guarantee Fee Deposit in accordance with estimated cost (1) water, sewer and street light costs, with a $50.00 minimum. Logging road, tram road and other temporary $100.00 $50.00 Deposit in accordance with estimated cost (2) entrances (3) Cutting, trimming or $100.00 $50.00 $25.00 spraying trees or shrubs Blanket permit $500.00 $0.00 $0.00 (4) (5) Single- or two-family $35.00 $0.00 $0.00 driveway aprons (6) Single permit All other work $100.00 $100.00 $0.00 Based on 1.5% of the total cost of construction as provided in the $0.00 Deposit in accordance with estimated cost. (7) engineer's cost estimate, excluding street light costs, with a $50.00 minimum; provided, however, that water and sewer fees shall be based on 10% of the construction cost up to $7,500.00 plus 1.5% of the construction cost in excess of $7,500.00, with a $50.00 minimum. (b) At the time easement or dedication plats are submitted a review fee in the amount of eighty-four dollars ($84.00) shall be required. COMMENT This section is shown for references purposes only; no substantive changes are made. Sec. 8-72. Technology fee. In addition to any fees otherwise required by this chapter, there shall be a fee in the amount of Five Dollars ($5.00) for permits issued pursuant to Section 33-51 Such fee shall be for the following purposes: (a) To improve community access to general information about cases applications permits and inspections by providing online user-friendly search and viewing tools; (b) To facilitate communications with property owners consultants and contractors through use of on-line checklist and activity tracking that automatically emails notifications and updates regarding permit status and other information not previously available on-line; (c) To increase transparency and accountability in business operations by providing users the ability to track all transactions online; (d) To enhance performance and revenue reporting by providing the ability to produce ad hoc reports on demand; and 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 (e) To improve and expand electronic document storage management and retrieval by including scanned images as part of the on-line permit record. BE IT FURTHER ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH: That this ordinance shall take effect on July 1, 2012. COMMENT The section establishes a new "technology fee" in the amount of $5.00 for permits issued under City Code Section 33-51 (pertaining to permits for work on, under, over or affecting public rights-of-way) and sets forth the purposes of the fee. The use of the technology for which the fee is established will significantly upgrade the permitting process, thereby facilitating its use by property owners and other users of the system and allowing for greater efficiency in keeping permit records. Adopted by the City Council of the City of Virginia Beach, Virginia on the gth day of May, 2012. APPROVED AS TO CONTENT: Management Services APPROVED AS TO LEGAL SUFFICIENCY: l� - Cfi y rn s ffice w a� ca r7I r ca N 0 CL 0 I N O c O ca E '0 0 v M JcCLa to 0 m m E O 0 O 0 O S o ,� m 0 E MO O .- v O to -0 O 0 i mo cn LU V .— .F.� > N E .� .- 0. a-0 c� > v+ m CL LL UL UL to i- to 0 0 R Ll 0 0 0 s v cn '�J Lfv] r�� 2 0 �J Ll L 0 4- 0 0 r .0 a� L. CL • E s N L 0 �% AndM W M ® ■- >% AW M m V+ E 02 L � O O'D L m > .- .a �- un O,,,` •� V♦ � L Ma m >% CL V/ m s C O 4- O V LO 0 1 m mown ■ NIM -0 U) O pO p p p O m O ti O p p p p p O 0 0 L O p p pLf) p p p O~ OO O N O O O O 07 O O O N N N C O I` O 07 O N O CO OIN ( 0)p 00 N �N� M tV O O w' w' } 6c n O O w+ O 4� +-j 0 E 0 m C -0 U C0 CO >%co co � Q 0 p N O Q > C/) 4 X U) C3) CL C) II 0 4— cn C If 0 Co cu z � v C" o `- W c6 OD Q O = N _ N � CnD�=WQ�W=0�.R��W� 4) (D (n U s� O U. U .-." w L .0 0 t� 0 O O 0 C)a � 0 O 0 Q 0 CD Q r OO � V O LL 0 0 o 1` Lo � N C� M n N n I` r U) 0 - L .0 0 t� � � 0 O � V � LL o O U) 0 - _U o -0 0- c 0— O p L- N Liz (1) U O O Q U) C/) CO 0� L .0 0 t� a l U � 4- 0 m n C� C6>1 � U � O 4-j U U H N � O � U � O Ca U N U � F O U O CN N 00 m 0 � �U � (3)Cv o m Cll � U O F O U � �U � (3)Cv o m Cll � U O Cll p (0 �0U)U�0) � _ a) C: .� > l L- U U O M Co _U v Z CU 4O >1 ri I> O v Q) Q to � . V U) . � � CU p .� Cv Cv w C� U 0 F W W O E f� r� V J C CD (� i� C- 0 U N � (C3 CC3 � H U O H U) O O V 0 v O � U ct O ct U �--� _ cri U) a� 4� � W W O E f� 4-a C CD (� i� C- 0 O rm-, m F- r r O O O p C co (.0 N (C3 rm-, m F- r r a� U E (C3 Ca U) V 0 v N _ U) a� •N � °0 U o CL ° O o E U �s- o += CM o o � o Q C� U 0 LO rm-, m F- r r 72� O U .a? 0 p4w O O m 0 M N 0 0 c`7 r N i - LL ca U) c i� �� 0 V c�co O.a) o o � x a) U m � •— co 0 0 co O UQ. 0 M'F L- O ov �m gym= � Q Q 0 M N 0 0 c`7 r N i - LL ca cc3 Vi ct W E 4-, 0 m 0 r m �X N O 0 iL U N m U .F U Q � U CY) CL LL o C O (Y) c Q O �o U O m Q W 1 0 Pat 0 co ,'I- Em E O O N N 00 O 0 O :3Q U) m Q. O Lo (� N � N Q C Ca (Y) 1 N LL Cts a 0 Noma0 cnc Q OC 0 Q i 0 L v E 0 i 0 U, W N T- Q N �L CL Q N r .N E R 0 U O z X? CD.E W W E 00 O O I� CO d' N 0 N 00 I- N 0 0 0 V— N V— r,- 0 00 O O I� CO d' d' co ti 00 I- N V— N V— Y 0) r ti L LO rlr_i C'7 r LL m F— 3 a E � � O L �cn ry cu o U U) 00 Q m {f} O > Y 0) r ti L LO rlr_i C'7 r LL m F— 3 a N T" O N �L Q a N Q CR r C O .y L I/ C) N d' 0 N d' 00 00 M I LL m F - LO r Z CN LO ca 000 O o CL o O > O N CY) � Q � C6 U) Ca C- Q O Lo -2 M N U (3) Q 0 CL N d' 00 00 M I LL m F - LO r Z v C i O Cr) O c U O M � N 00 � O N N O D V P L i O O c O M N d 00 O 00 N o O Q V � U Q � 00 06 r � seo P L i O c E N d Q U 'v� LL O Q � � U Q (3) Z 06 seo (n U � � m O ry P L N d Q L Q P CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Mr. Moss and Mr. DeSteph Proposal on the FY 2012-13 Capital Improvement Program Related Ordinances MEETING DATE: May 8, 2012 ■ Background: On March 27, 2012, the City of Virginia Beach FY 2012-13 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 5th to provide information to citizens about the proposed budget. City Council held budget workshops on April 3rd, 10tH 17th 24tH and May 1St to discuss the budget. City Council held public hearings on April 18th 24tH and May 8th to provide the public the opportunity to comment on the proposed Resource Management Plan. ■ Considerations: Attached is a power point presented to City Council May 1, 2012, outlining the FY 2012-13 Operating Budget recommendations presented by Council Member Moss and Council Member DeSteph. Major recommended changes to the City Manager's Proposed Operating Budget are highlighted below with additional information available in the attached supporting documentation. Real Estate tax rate is reduced from the City Manager's Operating Budget proposal of 93 cents to 89 cents. 2. Funds School with the exception of the 3% pay raise. 3. Reallocates resources to provide new investments. New investments are more detailed and further explained in the attached ordinances and PowerPoint presentation. The following ordinances are provided for the Council's consideration and approval to implement the FY 2012-13 Capital Budget and Capital Improvement Program based on the Mayor/Vice Mayor's proposed modifications. 1. An Ordinance to Adopt the FY 2013/FY 2018 Capital Improvement Program and to Appropriate $245,410,943 for the FY 2013 Capital Budget Subject to Funds Being Provided from Various Sources Set Forth Herein 2. An Ordinance Authorizing the Issuance of General Obligation Public Improvement Bonds of the City of Virginia Beach, Virginia, in the Maximum Amount of $67,700,000 for Various Public Facilities and General Improvements 3. 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 4. An Ordinance to Realign Revenues of the Roadways Capital Improvements Projects from Various Sources Set Forth Herein ■ Public Information: Three public hearings and one Open House have been held concerning the proposed real estate tax increase, the Operating Budget and Capital Improvement Program. Information on these ordinances was disseminated to the public through the publication of the Proposed Operating Budget and Capital Improvement Program documents which were available for public review at the Libraries and on the City's web site. In addition, the ordinances are advertised through the normal Council agenda process, including the advertisement of the City Council agenda. In accordance with the City Charter and State law, there was a series of public notices in the Beacon, which ap�eared on April 1St 8th and 15th and in the Main Section of the Virginian -Pilot on April 29t . ■ Attachments: FY 2012-13 Capital Budget and Capital Improvement Program Ordinances PowerPoint Presentation by Mr. Moss/DeSteph to City Council on May 1, 2012. Submitting Department/Agency: Department of Management Services City Manager: REQUESTED BY COUNCILMEMBERS MOSS AND DeSTEPH 1 AN ORDINANCE TO ADOPT THE FY 2013/FY 2018 CAPITAL 2 IMPROVEMENT PROGRAM AND TO APPROPRIATE $245,410,943 FOR 3 THE FY 2013 CAPITAL BUDGET SUBJECT TO FUNDS BEING PROVIDED 4 FROM VARIOUS SOURCES SET FORTH HEREIN 5 WHEREAS, the City Manager, on March 27, 2012, presented to City Council the Capital Improvement Program for 6 fiscal years 2013 through 2018; 7 8 WHEREAS, City Council held public hearings on the program to provide for public comment; 9 0 WHEREAS, based on public comment, City Council has determined the need for certain projects in the Capital 1 Improvement Program; and 2 3 WHEREAS, it is necessary to appropriate funds for both existing projects and projects beginning in the 2013 fiscal 4 year, as set forth in said Capital Improvement Program. .5 .6 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 2013 through 2018 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 $245,410,943 for capital projects in the Capital Budget for the 2013 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 2013 fiscal year as set forth in said Capital Improvement Program is 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 2013 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. 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 2012-13 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 53 Council of all transfers between $25,000 and $100,000. The City Manager or the Director of Management Services is 54 hereby authorized to establish and administer the budgeting of capital projects consistent with best management practices, 55 reporting requirements and the Capital Improvement Program adopted by the City Council. 56 57 Section 10. That to ensure timely completion of water and sewer projects, appropriations for water and sewer 58 companion projects may be transferred between these projects by the City Manager (or designee). "Companion projects" 59 mean water and sewer projects having the same name or project scope and description with the exception of "water" or 60 "sewer" being in the title and/or project scope and description. 61 62 Section 11. That the City Manager or the Director of Management Services is hereby authorized to change, subject 63 to any applicable restriction of law or of any bonds or bond issue, the financing sources for the various capital projects 64 included in this or previous ordinances to reflect effective utilization of the financing sources and actual collections and/or 65 realized revenues. If the financing sources in support of capital projects decline, the City Manager or the Director of 66 Management Services is authorized to reduce, subject to any applicable restriction of law or of any bonds or bond issue, 67 those appropriations to equal the changed financing source. The City Manager must give prior notice to the City Council of 68 any reductions to total appropriations exceeding $100,000. The notice to City Council shall identify the basis and amount of 69 the appropriation reduction and the capital projects affected. The accounting records of the City will be maintained in a 70 manner where the total of financing sources is equal to the total appropriations for each of the City's capital projects funds. 71 72 Section 12 That the following CIP projects shall be reduced from the Manager's proposed budget in the stated 73 amounts: 74 75 a CIP 9-504 Newtown SGA by $750,000, with a corresponding reduction in PFRB authorization; 76 b. CIP 9-505 Pembroke SGA by $750,000; 77 c CIP 9-506 Rosemont SGA by $750,000, with a reduction in PFRB authorization by $369,768; 78 d. CIP 9-081 SGA General by $1,250,000; 79 e CIP 4-505 Bow Creek Rec Center by $17,418,934, with a corresponding reduction inPFRB authorization; 80 f. CIP 3-648 CIT Bi -Weekly payroll by $1,854,144; 81 g. CIP 3-596 Refurnish Thalia and Chicks Beach Stations by $1,316,710; 82 h. CIP 3-139 Various Site Acquisitions by $1,274,081; 83 i CIP 4-308 Open Space Site Acquisition Phase III by $500,000, with a reduction in debt financing, if applicable; 84 k CIP 4-306 Open Space Park Development and Maintenance Phase II by $1,000,000, with a reduction in debt 85 financing, if applicable; and 86 I. CIP 3-637 Study for emergency by $436,150. 87 88 Section 13. Fund the following capital projects and establish a new project if applicable: 89 90 a. CIP for Historic Homes capital maintenance $1,002,430 with funding from 91 1 $502,430 (of the $6+M) from the bond premium that is a revenue source for Economic Development capital 92 proiects; 93 2 $500,000 from the fund balance funding that would have been provided to CIP-3-596 Refurnish Thalia and 94 Chicks Beach stations. 95 96 b CIP for Economic Development overseas office pilot program in the amount of $816,710 with funding from: 97 1 $816,710 from fund balance funding that would have been provided to CIP-3-596 Refurnish Thalia and Chicks 98 Beach stations. 99 100 c. CIP for Beach Replenishment (other than Sandbridge) $ 5,557,195 with funding from: 101 1. $1,847,114 from CIP 3-648 CIT Bi -weekly payroll; 102 2. $2,436,000 from the appropriation of ARP Reserve fund balance; and 103 3. $1,274,081 from Various Site Acquisitions CIP 3-139. 104 105 Section 14 For the avoidance of debt from the changes in Section 12 and 13 supra Staff is to return to City Council 106 with an amendment to the Operating Budget providing the debt service costs avoided as an appropriation to the General 107 Fund Reserve for Contingencies. 108 109 SeGtimon 3:2. That the funding seuFees fGF the fellewing Gapital impFevement pFejeets shew'd be amend 110 FVice ' 111 heFeby changed fFem fund balance 40M the 114OFFnatien Z -nal SeWiee Fund to FY 2010 !1 GhaFteF BGA 112 113Acquisition, heFeby 114h ad fFedeFal Fevenue to rash On Lieu „fes 115 116 Section 13 15. That the Capital Improvement Program debt management policies contained and included in the 117 Resource Management Plan document shall be the policy guidelines of the City, and the City Manager shall annually report 118 on the status of those guidelines and the projected impact of the proposed Capital Improvement Program on those 119 guidelines, such information to be included in the Resource Management Plan submittal. The City Manager may propose 120 modifications to those policies and guidelines through the Resource Management Plan. 121 122 Section -14 16. That subject to the appropriation of sufficient funds within a capital project, the acquisition of real 123 property necessary for the project is authorized by means of voluntary negotiation with willing sellers. 124 125 Section 45 17. That violation of this ordinance shall result in the City Manager taking disciplinary action against the 126 person or persons responsible for the capital project in which the violation occurred. 127 128 Section 16 18. That if any portion of this ordinance is for any reason declared to be unconstitutional or invalid, such 129 decision shall not affect the validity of the remaining portions of this ordinance. 130 131 Section -W 19. That this ordinance shall be in effect from the date of its adoption; however, appropriations for the 132 FY 2013 Capital Budget shall be effective on July 1, 2012. 133 134 Adopted by the City Council of the City of Virginia Beach, Virginia on this 8T" day of May, 2012. 135 136 Requires an affirmative vote of the majority of City Council APPROVED AS TO LEGAL SUFFICIENCY: ce e City Attorney I AN ORDINANCE AUTHORIZING THE ISSUANCE OF GENERAL 2 OBLIGATION PUBLIC IMPROVEMENT BONDS OF THE CITY OF 3 VIRGINIA BEACH, VIRGINIA, IN THE MAXIMUM AMOUNT OF 4 $67,700,000 FOR VARIOUS PUBLIC FACILITIES AND GENERAL 5 IMPROVEMENTS 6 WHEREAS, the City of Virginia Beach, Virginia (the "City"), desires to authorize the issuance of general 7 obligation public improvement bonds for various purposes in the maximum amount of $67,700,000, as permitted by the City 8 Charter, without submitting the question of their issuance to the qualified voters. 9 10 WHEREAS, City Council held public hearings on the program to provide for public comment; 11 12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 13 14 1. That it is hereby determined to be necessary and expedient for the City to construct and improve various 15 public facilities and make general improvements, all of which will promote the public welfare of the City and its inhabitants 16 and will facilitate the orderly growth, development, and general welfare of the City, and to finance the costs thereof through 17 the borrowing of up to $67,700,000 and issuing the City's general obligation bonds therefor. 18 19 2. That, pursuant to the City Charter and the Public Finance Act of 1991, there are hereby authorized to e imum amount of $67,700,000, to provide funds, 20 issued general obligation public improvement bonds of the City in the max 21 together with other funds that may be available, for various public improvement projects, including School, Roadway, Coastal, 22 Economic and Tourism, and Building projects, for project activities that include, but are not limited to, the following: 23 preliminary studies and surveys, permit compliance, environmental assessment, planning, design, engineering, site ctn, renovation, , repair, 24 acquisition, relocation of resients, utility legal setivices, inspectionlandtsupport sery cello, furniture and equipment,nand contingencies.rdemolition, site 25 improvement, site work, g 26 27 3. That the bonds may be issued as a separate issue at one time or in part from time to time or combine mbined issues of public improvement bonds. 28 with bonds authorized for other purposes and sold as part of one or more co 29 30 4. That the bonds shall bear such date or dates, mature at such time or times not exceeding 40 years from 31 their dates, bear interest, be in such denominations and form, be executed in such manner and be sold at such time or times 32 and in such manner as the Council may hereafter provide by appropriate resolution or resolutions. 33remium, if an 34 5. That the bonds shall be general obligations of the City for the payment of the principal, p Y, 35 and interest on which its full faith and credit shall be irrevocably pledged. 36 37 6. That the City Clerk is directed to make a copy of this ordinance continuously available for inspection y Clerk's office from the date of adoption hereof through the date 38 the general public during normal business hours at the City 39 of the issuance of the Bonds. 40 41 7. That the City Clerk, in collaboration with the City Attorney, is authorized and directed to immediately file 42 a certified copy of this ordinance with the Clerk of the Circuit Court of the City of Virginia Beach. 43 44 8. That this ordinance shall be in full force and effective from its passage. 45 46 Adopted by the Council of the City of Virginia Beach, Virginia on this 8T day of May, 2012. 47 48 Adoption requires the affirmative vote of two-thirds of all members of the City Council. APPROVED AS TO CONTENT: Management Services APPROVED AS TO LEGAL SUFFICIENCY: Cit ey's Office 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. 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 12 1. That it is hereby determined to be necessary and expedient for the City to continue its program of improving an 13 extending the System, which will promote the public welfare of the City and its inhabitants and will facilitate the orderly growth, 14 development, and general welfare of the City, and to finance the costs thereof through the borrowing of $27,000,000 and issuing 15 the City's revenue bonds therefore. 16 17 2. That pursuant to the City Charter and the Public Finance Act of 1991, there are hereby authorized to be issued water 18 and sewer system revenue bonds of the City in the maximum amount of $27,000,000 to provide funds, together with other 19 available funds, for financing the costs of improvements and expansions to the System. 20 or dates, mature at such time or times not exceeding 40 years from their dates, 21 3. That the bonds shall bear such date 22 bear interest, be in such denominations and form, be executed in such manner and be sold at such time or times and in such 23 manner as the Council may hereafter provide by appropriate resolution or resolutions. 24 25 4. That the System is an undertaking from which the City may derive a revenue. The bonds shall be limited obligations 26 of the City, payable as to principal, premium, if any, and interest solely from the revenues derived by the City from the System, 27 and shall not be included within the otherwise authorized indebtedness of the City. The bonds shall not be deemed to create or 28 constitute an indebtedness of, or a pledge of the faith and credit of, the Commonwealth of Virginia or of any country, city, town, 29 or other political subdivision of the Commonwealth, including the City. The issuance of the bonds and the undertaking of the 30 covenants, conditions, and agreements to be contained in resolutions to be adopted or agreements to be entered into hereafter 31 shall not directly, indirectly, or contingently obligate the Commonwealth, the City, or any other political subdivision of the 32 Commonwealth to levy and collect any taxes whatsoever or make any appropriation therefore, except from the revenues pledged 33 to the payment of the principal of and premium, if any, and interest on the bonds. 34 35 5. That such resolutions to be adopted and agreements to be entered into hereafter authorizing the issuance of the 36 bonds and providing the details thereof shall contain appropriate covenants requiring the City to fix, charge, and collect such 37 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 38 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 39 the bonds as the same become due and to provide a margin of safety therefor. Such resolutions and agreements shall also 40 include such additional covenants, agreements, and other terms as are customary for the protection of the holders of water and 41 sewer revenue obligations. 42 43 6. That the City Clerk is directed to make a copy of this ordinance continuously available for inspection by the general 44 public during normal business hours at the City Clerk's office from the date of adoption hereof through the date of the issuance of 45 the bonds. 46 47 7. That the City Clerk, in collaboration with the City Attorney, is authorized and directed to immediately file a certified 48 copy of this ordinance with the Circuit Court of the City of Virginia Beach. 49 50 8. That this ordinance shall be in full force and effect from its passage. 51 52 Adopted by the Council of the City of Virginia Beach, Virginia on this 8T" day of May, 2012. 53 54 Adoption requires the affirmative vote of a majority of all members of the City Council. APPROVED AS TO CONTENT: o o Management Services APPROVED AS TO LEGAL SUFFICIENCY: r City ffice 1 AN ORDINANCE TO REALIGN REVENUES OF THE ROADWAYS CAPITAL 2 IMPROVEMENTS PROJECTS FROM VARIOUS SOURCES SET FORTH 3 HEREIN 4 WHEREAS, the City establishes funding sources for Roadways capital project based on initial estimates of State, 5 Federal and local sources provided by the Virginia Department of Transportation (VDOT); 6 7 WHEREAS, VDOT finalizes funding allocations in any given year after the proposed Capital Budget is finalized for 8 presentation to City Council; 9 10 WHEREAS, VDOT also adjusts revenue sources and local funding responsibility throughout the duration of a given 11 project; 12 13 WHEREAS, VDOT also adjusts the funding resources based on changes in scope, bids received, and availability o 14 annual funding; and 15 16 WHEREAS, this ordinance does not increase aggregate appropriations to date; and 17 18 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 19 20 1. That the following projects have $1,399,038 in local funding available as the projects are nearing final completion; 21 appropriations can be reduced and local revenue is necessary to provide local funding as set forth in paragraphs 6-8 22 below: $327,184 a. 2-067 Sandbridge Road Safety Improvements 9,708 b. 2-073 Buckner Boulevard Extended 396,312 c. 2-074 1-264 Great Neck Ramps 9,625 d. 2-076 Laskin Road Gateway 18,704 e. 2-091 Nimmo Parkway Phases III and IV 419,502 f. 2-137 Great Neck Road IV/London Bridge Road III 218,003 g. 2-285 Traffic Safety Improvements 23 24 2. That the following projects have $3,336,344 in local funding available due to favorable bids or changes in local 25 funding requirements by VDOT; appropriations can be reduced and local revenue is necessary to provide local 26 funding as set forth in paragraphs 6-8 below: 2,078,329 h. 2-121 Nimmo Parkway Phase V-A (VDOT) 373,277 i. 2-145 Wesleyan Drive j. 2-305 Princess Anne Road — Phase IV 884,738 27 28 3. That the following projects have State funding reduced and Federal funding increased in equal amounts: 29 a. That Project 2-025 — Witchduck Road is hereby decreased by $623,100 in estimated State revenue and 30 increased by $623,100 in estimated federal revenue. 31 b. That Project 2-145 — Wesleyan Drive is hereby reduced by $7,552,910 in State revenue and increased by 32 $7,552,910 in Federal revenue. 33 c. That Project 2-152 — Elbow Road Extended — Phase II is hereby reduced by $3,644,000 in State revenue and 34 increased by $3,644,000 in Federal revenue. 35 d. That Project 2-165 — Laskin Road — Phase II is hereby reduced by $404,000 in State revenue and increased by 36 $404,000 in Federal revenue. 37 38 4. That the following projects have Federal funding reduced and State funding increased in equal amounts: 39 a. That Project 2-089 — Southeastern Parkway and Greenbelt is hereby reduced by $378,011 in Federal 40 revenue and increased by $378,011 in State funding. 41 b. That Project 2-177 — Proactive Safety Improvement Program is hereby reduced by $101,000 in Federal 42 revenue and increased by $101,000 in State revenue. 43 44 5. That Project 2-065 —Elbow Road Extended —Phase II -A is hereby reduced by $17,131 in estimated State revenue and 45 total appropriations in this project are reduced by $17,131. 46 47 6. That Project 2-039 — Computerized Traffic Signal System Upgrade and Replacement is hereby reduced by 48 $17,102,240 in estimated State revenue, increased by $10,840,370 in Federal revenue, increased by $1,314,307 49 supported by an appropriation of Interest on Bank Deposits, $1,399,038 in local revenue from the projects above, 50 and the appropriation reduced by $3,548,525. 51 52 7. That Project 2-048 — Princess Anne Road/Kempsville Road Intersection Improvements is hereby reduced by 53 $38,688,855 in State revenue, increased by $37,054,000 in Federal revenue and $1,634,855 in local revenue. 54 55 8. That Project 2-178 — Highway Safety Improvement Program is hereby reduced by $2,662,569 in Federal revenue, 56 increased by $67,095 in State revenue, increased by $1,701,489 in local revenue, and the appropriation reduced by 57 $893,985. 58 59 9. That this ordinance shall be in effect from the date of its adoption. 60 61 Adopted by the City Council of the City of Virginia Beach, Virginia on this 8T" day of May, 2012. 62 63 Requires an affirmative vote of the majority of City Council. APPROVED AS TO CONTENT: i Management Services APPROVED AS TO LEGAL SUFFICIENCY: City e s Office `' ��`�t��rrrr ✓ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: City Manager Proposal on the FY 2012-13 Operating Budget Related Ordinances MEETING DATE: May 8, 2012 ■ Background: On March 27, 2012, the City of Virginia Beach FY 2012-13 Proposed Resource Management Plan, which includes the Operating Budget, was presented to City Council. The City held a budget open house April 5th to provide information to citizens about the proposed budget. City Council held budget workshops on April 3th, 10tH 17th, 24tH and May 1St to discuss the budget. City Council held public hearings on April 18tH 24th, and May 8th to provide the public the opportunity to comment on the proposed Resource Management Plan. Considerations: After discussions at the May 1, 2012 Reconciliation Workshop, the majority of City Council agreed to adopt the City Manager's Proposed Resource Management Plan Operating Budget as presented: • A one-time five percent (5%) increase in full time employee salaries to offset the mandated increase in VRS. The real estate tax will be increased from eighty-nine cents to ninety-three cents. • The financial obligations associated with the Lynnhaven Mall Development Agreement are complete and the Lynnhaven Mall Tax Increments Finance Fund is dissolved. • All other proposed taxes/fees and appropriations, as proposed in the City Manager's Proposed budget, will be included in the FY 2012-13 Operating Budget. The following ordinances are provided for the Council's consideration and approval to implement the FY 2012-13 Operating Budget. 1. An Ordinance Making Appropriations for the Fiscal Year Beginning July 1, 2012 and Ending June 30, 2013 in the Sum of $1,758,559,231 for Operations 2. An Ordinance Establishing the Tax Levy on Real Estate for Fiscal Year 2013 3. An Ordinance Establishing the Tax Levy on Personal Property and Machinery and Tools for the Calendar Year 2013 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 $7,000,000 of Funding within the Sandbridge Tax Increment Financing District as Surplus Funds in the FY 2011-12 Operating Budget 6. An Ordinance to Complete the City's Financial Obligations Associated with the Lynnhaven Mall Development Agreement and Dissolve the Lynnhaven Mall Tax Increment Financing Fund 7. An Ordinance to Amend the City Code Pertaining to the Sanitary Sewer Service Water Tap Sizes 8. An Ordinance to Amend Chapters 8 and 33 of the City Code by Adding New Sections 8-37 and 33-72, Establishing a Technology Fee in the Amount of Five Dollars for Building, Electrical, Plumbing, Mechanical, Fence, Sign, Right -Of -Way and Certain Other Permits ■ Public Information: Three public hearings and one Open House have been held concerning the proposed real estate tax increase and, the Operating Budget. Information on these ordinances was disseminated to the public through the publication of the Proposed Operating Budget document which were available for public review at the Libraries and on the City's web site. In addition, the ordinances are advertised through the normal Council agenda process, including the advertisement of the City Council agenda. In accordance with the City Charter and State law, there was a series of public notices in the Beacon, which appeared on April 1St, 8th, and 15th and in the Hampton Roads Section of the Virginian -Pilot on April 29tH ■ Attachments: FY 2012-13 Operating Budget Ordinances Submitting Department/Agency: Department of Management Services City Manager: 1 AN ORDINANCE MAKING APPROPRIATIONS FOR THE FISCAL YEAR 2 BEGINNING JULY 1, 2012 AND ENDING JUNE 30, 2013 IN THE SUM OF 3 $ 1,758,559,231 FOR OPERATIONS 4 WHEREAS, the City Manager has heretofore submitted an Annual Budget for the City for the fiscal year beginning 5 July 1, 2012, and ending June 30, 2013, 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: 8 9 Sec. 1. That the amounts named aggregating $2,433,172,045 consisting of $487,949,281 in inter -fund transfers, 10 $186,663,533 for internal service funds, and $1,758,559,231 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, 2012, and ending June 30, 2013, 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 funds under the control of the School Board, specifically the funds numbered 106, 107, 21 108, 109, 112, 114, 115, 116, 117, 119, 614, and 615 (hereinafter referred to as School Board Funds"), the total number of 22 full-time permanent positions shall be the maximum number of positions authorized for the various departments of the 23 City during the fiscal year, except for changes or additions authorized by the Council or as hereinafter provided. The City 24 Manager may from time to time increase or decrease the number of part-time or temporary positions provided the 25 aggregate amount expended for such services shall not exceed the respective appropriations made therefore. The City 26 Manager is further authorized to make such rearrangements of positions within and between the departments as may best 27 meet the needs and interests of the City, including changes necessary to implement the employee transition program. 28 29 Sec. 4. To improve the effectiveness and efficiencies of the government in service delivery, the City Council hereby 30 authorizes the City Manager or his designee to transfer appropriated funds and existing positions throughout the fiscal 31 year as may be necessary to implement organizational adjustments that have been authorized by the City Council. Unless 32 otherwise directed by the City Council, such organizational adjustments shall be implemented on such date or dates as the 33 City Manager determines, in his discretion, to be necessary to guarantee a smooth and orderly transition of existing 34 organizational functions. The City Manager shall make a report each year to the City Council identifying the status and 35 progress of any such organizational adjustments. 36 37 Sec. S. All current and delinquent collections of local taxes shall be credited to the General Fund, Special Service District 38 Funds, Tax Increment Financing Fund or any fund to which City Council has, by ordinance, dedicated a tax levy. 39 40 Sec. 6. All balances of the appropriations payable out of each fund of the City Treasury at the close of business for the 41 fiscal year ending on June 30, 2013, unless otherwise provided for, are hereby declared to be lapsed into the fund balance 42 of the respective funds, except all appropriations to School Board Funds derived from local public sources which shall lapse 43 and revert to the General Fund Balance, and may be used for the payment of the appropriations that may be made in the 44 appropriation ordinance for the fiscal year beginning July 1, 2013. Prior to the expenditure of any sums that have lapsed to 45 the fund balance of any fund, an appropriation by the City Council shall be required. 46 47 Sec. 7. That the City's debt management policies for the Water and Sewer Enterprise Fund shall serve as a basis for 48 developing financial strategies for the water and sanitary sewer system based on the following guidelines: (a) for the Water 49 and Sewer Fund, the goal of retaining working capital equal to 80% to 100% of one year's operating expense shall be 50 pursued; (b) for the Water and Sewer Fund, the goal shall be for debt service coverage on its water and sewer revenue 51 bonds at not less than 1.50 times and, on a combined basis, including water and sewer general obligation bonds, at no less 52 than 1.20 times and (c) for the Water and Sewer Fund, contributions from non -borrowed funds, on a five-year rolling 53 average basis, will be sought for approximately 25% of the annual capital program for the water and sewer system. 54 55 Sec. 8. All balances of appropriations in each fund which support authorized obligations or are encumbered at the close 56 of the business for the fiscal year ending on June 30, 2013, are hereby declared to be re -appropriated into the fiscal year 57 beginning July 1, 2013, and estimated revenues adjusted accordingly. 58 59 Sec. 9. All balances of appropriations attributable to grants or other similar funding mechanism from state or federal 60 sources and trust or gift funds, whose period of expenditure extends beyond the fiscal year ending on June 30, 2012, are 61 hereby declared to be re -appropriated into the fiscal year beginning July 1, 2012, and estimated revenues adjusted 62 accordingly. The close-out of any grant or similar funding mechanism shall account for all expenditures in such grant, and 63 provided there is any remaining balance in the grant the portion of the balance attributable to local sources shall revert to 64 the General Fund special revenue fund or enterprise fund that provided the initial local contribution. 65 66 Sec.10. No department or agency for which appropriations are made under the provisions of this ordinance shall 67 exceed the amount of such appropriations except with the consent and approval of the City Council first being obtained. It 68 is expressly provided that the restrictions with respect to the expenditure of the funds appropriated shall apply only to the 69 totals for each Appropriation Unit included in this ordinance and does not apply to Inter -fund Transfers. 70 71 Sec.11. The City Manager or the Director of Management Services is hereby authorized to approve transfers of 72 appropriations in an amount up to $100,000 between any Appropriation Units included in this ordinance. The City 73 Manager shall make a monthly report to the City Council of all transfers between $25,000 and $100,000. In addition, the 74 City Manager may transfer, in amounts necessary, appropriations from all Reserves for Contingencies except Reserve for 75 Contingencies — Regular, within the intent of the Reserve as approved by City Council. 76 77 Sec. 12. The City Manager or the Director of Management Services is hereby authorized to establish and administer 78 budgeting within Appropriation Units consistent with best management practices, reporting requirements, and the 79 programs and services adopted by the City Council. The City Manager or the Director of Management Services is further 80 authorized to establish administrative directives to provide additional management oversight and control to ensure the 81 integrity of the City's budget. 82 83 Sec. 13. The City Manager or the Director of Management Services is hereby authorized to change the Estimated 84 Revenues included in this ordinance to reflect expected collections. If the Estimated Revenue in support of an Operating 85 Appropriation Unit declines, the City Manager or the Director of Management Services is hereby authorized to reduce, 86 subject to any other provision of law, those appropriations to equal the decline in Estimated Revenue. The City Manager 87 shall give prior notice to the City Council of any reduction to total appropriations exceeding $100,000. The notice to City 88 Council shall identify the basis and amount of the appropriation reduction and the Appropriation Units affected. The 89 accounting records of the City will be maintained in a manner that the total of Estimated Revenue is equal to the total of 90 the Appropriation Units for each of the City's funds. The City Manager or the Director of Management Services is hereby 91 authorized to transfer any excess appropriations to the Reserve for Contingencies after all anticipated expenditures for 92 which those funds were appropriated have been incurred. Nothing in this section shall be construed as authorizing any 93 reduction to be made in the amount appropriated in this ordinance for the payment of interest or principal on the bonded 94 debt of the City Government. 95 96 Sec. 14. Allowances made from the appropriations made in this ordinance by any or all of the City departments, 97 bureaus, or agencies, to any of their officers and employees for expenses on account of the use by such officers and 98 employees of their personal automobiles in the discharge of their official duties shall not exceed forty two cents ($0.42) per 99 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 100 fiscal year. 101 102 Sec. 15. In the event of an emergency and under emergency circumstances wherein the City Council cannot reasonably 103 hold a meeting, the City Manager is authorized to transfer and expend appropriated sums from any budget account to 104 ensure that the emergency is handled as efficiently and expeditiously as possible. Immediately following the expenditure 105 of funds under this provision, and as soon as the City Council can reasonably meet under the existing circumstances, the 106 City Manager shall notify the City Council of the reason for such action, how funds were expended, and present to the City 107 Council for adoption an emergency appropriations ordinance that sets forth what measures are required to ensure that 108 funds are forthwith restored to the appropriate accounts and that the budget is balanced at the end of the fiscal year in 109 which the emergency expenditures occurred. 110 111 An emergency is defined for the purposes of this provision as an event that could not have been reasonably 112 foreseen at the time of the adoption of the budget, and in which (i) an immediate threat to the public health, safety or 113 welfare is involved, such as clean-up after a hurricane, and/or (ii) immediate action is required to protect or preserve public 114 properties. 115 116 Sec. 16. All travel expense accounts shall be submitted on forms approved by the Director of Finance and according to 117 regulations approved by the City Council. Each account shall show the dates expenses were incurred or paid; number of 118 miles traveled; method of travel; hotel expenses; meals; and incidental expenses. The Director of Finance is specifically 119 directed to withhold the issuance of checks in the event expense accounts are submitted for "lump -sum" amounts. 120 121 Sec 17 The City Manager is hereby authorized to allocate funding, within the aggregate amounts approved by City 122 Council for total compensation to implement the General Assembly mandated changes to the Virginia Retirement System 123 ("VRS") that require all full-time City employees hired before July 1 2010 to pay up to five percent (5%) of their salaries to 124 the VRS to be offset by a pay increase not to exceed five percent (5%). 125 126 Sec. 4418. 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 See. IS. P. -Rd; iR the arneunt ef $3,699,000 aFe heFeby tFaRsfe4ed fFBFA the fund balaRee ef the GeReFal PuRd a 130 131 Management Inte...-.i c....,*re Pund . 4eeti.,,, an i.,ne 39 2gl4—. 132 133 134 135 136 Sec. X619. With the ~tier of SeetieAs 18 and ,n, `This ordinance shall be effective on July 1, 2012. 137 138 Sec. 24.,20. If any part of this ordinance is for any reason declared to be unconstitutional or invalid, such decision 139 shall not affect the validity of the remaining parts of this ordinance. 140 141 Adopted by the Council of the City of Virginia Beach, Virginia, on this the 8th day of May, 2012. 142 143 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: tt e ' Of ice City of Virginia Beach, Virginia Fiscal Year 2012-13 Budget Ordinance Attachment A - Appropriations 002 General Fund Agriculture Benefits Administration Board of Equalization Circuit Court City Attorney City Auditor City Clerk City Manager City Real Estate Assessor City Treasurer Clerk of the Circuit Court Commissioner of the Revenue Commonwealth's Attorney Communications and Information Technology Community Organization Grants Convention and Visitor Bureau Cultural Affairs Debt Service Director of Finance Economic Development Emergency Communications and Citizen Services Emergency Medical Services Employee Special Benefits Fire General District Court General Registrar Health Housing and Neighborhood Preservation Human Resources Human Services Independent Financial Services Juvenile and Domestic Relations District Court Juvenile Probation Leases Library Magistrates Management Services Mass Transit Operations Municipal Council Museums Parks and Recreation Planning Police Public Works Regional Participation Reserve for Contingencies Revenue Reimbursements Strategic Growth Area Transfer to Other Funds Vehicle Replacements FY 2012-13 Proposed 757,224 662,283 15,846 1,034,008 3,819,468 623,735 576,749 2,658,037 3,175, 280 5,111,193 3,041,507 4,035,389 7,491,148 22,734,101 426,343 8,839, 297 2,358,924 48,375,933 4,939,761 2,311,326 10,453,477 7,726,688 5,266,655 44,588,074 359,618 1,378,340 2,991,428 1,680, 366 4,291,809 106,030,865 153,878 137,438 1,781,767 1,673,225 17,392,209 95,514 1,514,382 4,472,679 545,118 9,996,685 13,233,825 9,919,591 92;000, 136 63,639,425 1,993,213 5,584,652 15,957,439 952,992 427,927,005 5.111.914 Fund 002 Appropriation Totals 981,837,959 City of Virginia Beach, Virginia Fiscal Year 2012-13 Budget Ordinance Attachment A - Appropriations 098 School Reserve Special Revenue Fund Transfer to Other Funds Fund 098 Appropriation Totals 106 School Technology Category Special Revenue Fund Technology Fund 106 Appropriation Totals 107 School Equipment Replacement Special Revenue Fund FY 2012-13 Proposed 11, 000, 000 11,000,000 26, 338, 973 Reserve for Contingencies 902,602 Fund 107 Appropriation Totals 902,602 109 School Vending Operations Fund Athletic 329,561 Fund 109 Appropriation Totals 329,561 112 School Communication Tower Technology Fund Instructional Technology 600,000 Fund 112 Appropriation Totals 600,000 114 School Cafeteria Fund Cafeteria 115 School ODeratina Fund Administration, Attendance, and Health City Manager Adjustment 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 Fund 114 Appropriation Totals 28,343,127 21,434,692 -17,577,585 44,747,986 522,820,730 87,242,879 30,154, 558 Fund 115 Appropriation Totals 688,823,260 68, 578, 220 Fund 116 Appropriation Totals 68,578,220 Fund 117 Appropriation Totals 15,117,601 Fund 119 Appropriation Totals 4,941,085 City of Virginia Beach, Virginia Fiscal Year 2012-13 Budget Ordinance Attachment A - Appropriations 130 Law Library Fund Library Reserve for Contingencies Transfer to Other Funds 142 DEA Seized Property Special Revenue Fund Commonwealth's Attorney 144 Waste Management Special Revenue Fund Public Works FY 2012-13 224,869 2,329 r'7 ')G') Fund 130 Appropriation Totals 284,450 200,000 Fund 142 Appropriation Totals 200,000 Fund 144 Appropriation Totals 147 Federal Section 8 Program Special Revenue Fund Housing and Neighborhood Preservation 149 Sheriffs Department Special Revenue Fund Sheriff and Corrections Transfer to Other Funds 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 Strategic Growth Area Transfer to Other Funds Fund 147 Appropriation Totals Fund 149 Appropriation Totals 44,555,404 44,555,404 17,474,801 17,474,801 38,135, 820 24,551 7O AGA ]'l1 1,889,313 1,597,465 28, 364,155 2,772,645 2,573,615 Fund 151 Appropriation Totals 37,197,193 Fund 152 Appropriation Totals 157 Sandbridge Special Service District Spec Rev Fd Transfer to Other Funds Fund 157 Appropriation Totals 100,000 50,500 26,252,872 590,000 275,485 915,684 3,522,454 A 7I)G �AA 36,033,386 A OAA AAC 4,804,405 City of Virginia Beach, Virginia Fiscal Year 2012-13 Budget Ordinance Attachment A - Appropriations 172 Open Space Special Revenue Fund Debt Service Parks and Recreation Public Works 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 181 CD Loan and Grant Fund Housing and Neighborhood Preservation 182 Federal Housing Assistance Grant Fund Housing and Neighborhood Preservation 2,433, 043 490,838 15,300 2,026,724 Fund 172 Appropriation Totals 4,965,905 29,367 1,580,361 337,197 Fund 174 Appropriation Totals 1,946,925 2,058,899 19R ARR Fund 180 Appropriation Totals 2,187,757 RQr, ARA Fund 181 Appropriation Totals 595,488 RQQ Ann Fund 182 Appropriation Totals 899,400 FY 2012-13 Proposed 161 Agriculture Reserve Program Special Revenue Fund Agriculture 215,950 Debt Service 3,643,024 Reserve for Contingencies 477,652 Fund 161 Appropriation Totals 4,336,626 163 Tourism Advertising Program Special Revenue Fund Convention and Visitor Bureau 10,084,811 Transfer to Other Funds 56,838 Fund 163 Appropriation Totals 10,141,649 166 Sandbridge Tax Increment Financing Fund Future C.I.P. Commitments 7,113,616 Fund 166 Appropriation Totals 7,113,616 169 Central Business District -South TIF (Twn Cntr) Fd Debt Service 5,588,312 Transfer to Other Funds 150,000 Fund 169 Appropriation Totals 5,738,312 172 Open Space Special Revenue Fund Debt Service Parks and Recreation Public Works 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 181 CD Loan and Grant Fund Housing and Neighborhood Preservation 182 Federal Housing Assistance Grant Fund Housing and Neighborhood Preservation 2,433, 043 490,838 15,300 2,026,724 Fund 172 Appropriation Totals 4,965,905 29,367 1,580,361 337,197 Fund 174 Appropriation Totals 1,946,925 2,058,899 19R ARR Fund 180 Appropriation Totals 2,187,757 RQr, ARA Fund 181 Appropriation Totals 595,488 RQQ Ann Fund 182 Appropriation Totals 899,400 City of Virginia Beach, Virginia Fiscal Year 2012-13 Budget Ordinance Attachment A - Appropriations 540 General Government Capital Projects Fund Building Capital Projects 400,000 FY 2012-13 4,968,387 Communications and Information Technology Projects Proposed 183 Grants Consolidated Fund 5,824,859 Parks and Recreation Capital Projects Commonwealth's Attorney Roadways Capital Projects 333,680 Emergency Medical Services 375,000 Fire 757,260 Housing and Neighborhood Preservation 1,281,227 Human Services 1,677,882 Police 75,866 Public Works 15,000 Reserve for Contingencies 100,000 Transfer to Other Funds 400,000 Fund 183 Appropriation Totals 5,015,915 241 Water and Sewer Fund Debt Service 20,050,544 Public Utilities 75,674,801 Reserve for Contingencies 1,414,147 Transfer to Other Funds 17,907,404 Fund 241 Appropriation Totals 115,046,896 253 Parking Enterprise Fund Debt Service 725,012 Reserve for Contingencies 282,477 Strategic Growth Area 1,638,096 Transfer to Other Funds 427,130 Fund 253 Appropriation Totals 3,072,715 255 Storm Water Utility Enterprise Fund Debt Service 2,359,776 Public Works 16,184,802 Reserve for Contingencies 250,000 Transfer to Other Funds 15,733,259 Fund 255 Appropriation Totals 34,527,837 310 Old Donation Creek Area Dredging SSD Transfer to Other Funds 68,652 Fund 310 Appropriation Totals 68,652 540 General Government Capital Projects Fund Building Capital Projects 400,000 Coastal Capital Projects 4,968,387 Communications and Information Technology Projects 2,414,473 Economic and Tourism Development Capital Projects 5,824,859 Parks and Recreation Capital Projects 7,373,332 Roadways Capital Projects 2,000,000 Fund 540 Appropriation Totals 22,981,051 541 Water and Sewer Capital Projects Fund Water and Sewer Capital Projects 8,000,000 Fund 541 Appropriation Totals 8,000,000 City of Virginia Beach, Virginia Fiscal Year 2012-13 Budget Ordinance Attachment A - Appropriations FY 2012-13 Proposed 555 Storm Water Capital Proiects Fund Storm Water Capital Projects 14,202,870 Fund 555 Appropriation Totals 14,202,870 604 Print Shop Internal Service Fund Communications and Information Technology 1,841,657 Reserve for Contingencies 491,131 Fund 604 Appropriation Totals 2,332,788 606 City Garage Internal Service Fund Public Works 10,646,769 Fund 606 Appropriation Totals 10,646,769 607 Risk Management Internal Service Fund Director of Finance 11,071,818 Fund 607 Appropriation Totals 11,071,818 610 Capital Proiects Internal Service Fund Communications and Information Technology 197,364 Director of Finance 164,434 Economic Development 80,671 Public Works 283,348 Fund 610 Appropriation Totals 725,817 613 School Landscaping Internal Service Fund Parks and Recreation 3,676,911 Fund 613 Appropriation Totals 3,676,911 614 School Risk Management Fund School Risk Management 11,488,946 Fund 614 Appropriation Totals 11,488,946 615 City and School Health Insurance Fund City and School Health Insurance 132,851,160 Fund 615 Appropriation Totals 132,851,160 616 Fuels Internal Service Fund Public Works 7,009,359 Fund 616 Appropriation Totals 7,009,359 620 Telecommunications Internal Service Fund Communications and Information Technology 2,807,772 Reserve for Contingencies 447,320 Fund 620 Appropriation Totals 3,255,092 City of Virginia Beach, Virginia Fiscal Year 2012-13 Budget Ordinance Attachment A - Appropriations 621 Subscriptions Internal Service Fund Communications and Information Technology Reserve for Contingencies 908 City Beautification Fund Parks and Recreation 909 Library Gift Fund Library 910 Parking Meters - Homeless Donation Fund Housing and Neighborhood Preservation 911 Parks and Recreation Gift Fund Parks and Recreation Total Budget Appropriations Less Internal Service Funds Less Interfund Transfers NET BUDGET APPROPRIATIONS FY 2012-13 Proposed 2,606,092 998,781 Fund 621 Appropriation Totals 3,604,873 72,500 Fund 908 Appropriation Totals 72,500 7,000 Fund 909 Appropriation Totals 7,000 10,000 Fund 910 Appropriation Totals 10,000 Fund 911 Appropriation Totals 55,000 2,433,172,045 186,663,533 City of Virginia Beach, Virginia Fiscal Year 2012-13 Budget Ordinance Attachment B - Revenue 002 General Fund Revenue From Local Sources Automobile License Business License Charges for Services Cigarette Tax Fines and Forfeitures From the Use of Money and Property General Sales Tax Hotel Room Tax Miscellaneous Revenue Other Taxes Permits, Privilege Fees, and Regulatory Licenses Personal Property Real Estate Restaurant Meal Tax Utility Tax Revenue from the Commonwealth Other Sources from the Commonwealth Revenue from the Federal Government Specific Fund Reserves Transfers from Other Funds 098 School Reserve Special Revenue Fund Specific Fund Reserves FY 2012-13 Proposed 9,627,435 42,423,932 34,175, 279 11, 218, 625 6,043,373 5,095,499 54,098,252 5,622,146 6,062,974 16,690,556 4,476,243 132,412,895 429, 375, 636 35,146,135 44,979,473 91,966,749 16,730,201 21,700,656 13, 991, 900 Fund 002 Revenue Totals 981,837,959 11, 000, 000 Fund 098 Revenue Totals 11,000,000 106 School Technology Category Special Revenue Fund Transfers from Other Funds 26,338,973 Fund 106 Revenue Totals 26,338,973 107 School Equipment Replacement Special Revenue Fund Specific Fund Reserves 902,602 109 School Vending Operations Fund Revenue From Local Sources 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 Fund 107 Revenue Totals 902,602 192,550 137,011 Fund 109 Revenue Totals 329,561 260,000 340,000 Fund 112 Revenue Totals 600.000 City of Virginia Beach, Virginia Fiscal Year 2012-13 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 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 FY 2012-13 Proposed 14,030,889 8,091 130,000 485,000 13,361,841 327,306 Fund 114 Revenue Totals 28,343,127 2,183,837 465,000 657,000 238, 355, 084 69, 064, 589 16,636,723 361,461, 027 Fund 115 Revenue Totals 688.823.260 3,274,643 15,446,303 49,857,274 Fund 116 Revenue Totals 68,578,220 100,000 10,000 3,790,074 11, 217, 527 Fund 117 Revenue Totals 15,117,601 489,000 45,000 4,197,085 210,000 Fund 119 Revenue Totals 4,941,085 City of Virginia Beach, Virginia Fiscal Year 2012-13 Budget Ordinance Attachment B - Revenue 130 Law Library Fund Revenue From Local Sources Charges for Services From the Use of Money and Property Specific Fund Reserves 142 DEA Seized Property Special Revenue Fund Specific Fund Reserves 144 Waste Management Special Revenue Fund Revenue From Local Sources Charges for Services From the Use of Money and Property Permits, Privilege Fees, and Regulatory Licenses Revenue from the Commonwealth Other Sources from the Commonwealth Transfers from Other Funds 147 Federal Section 8 Program Special Revenue Fund Revenue From Local Sources Charges for Services Miscellaneous Revenue Revenue from the Federal Government Specific Fund Reserves Transfers from Other Funds 149 Sheriffs Department Special Revenue 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 Transfers from Other Funds Fund 130 Revenue Totals FY 2012-13 Proposed 270,000 4,450 10,000 284.450 200,000 Fund 142 Revenue Totals 200,000 29,445,070 125,000 175,000 35,390 14,774,944 Fund 144 Revenue Totals 44,555,404 20,733 32,000 16,986,704 192,591 242,773 Fund 147 Revenue Totals 17,474,801 4,422,511 17,500 10,000 17,359,747 1,149,750 1,255,833 13,945,030 Fund 149 Revenue Totals 38,160,371 City of Virginia Beach, Virginia Fiscal Year 2012-13 Budget Ordinance Attachment B - Revenue 152 Tourism Investment Program Fund Revenue From Local Sources Amusement Tax FY 2012-13 Cigarette Tax Proposed 151 Parks and Recreation Special Revenue Fund 776,000 Revenue From Local Sources 593,277 Charges for Services 12,938,096 From the Use of Money and Property 1,477,888 Miscellaneous Revenue 2,500 Permits, Privilege Fees, and Regulatory Licenses 700 Real Estate 16,749,009 Revenue from the Commonwealth Fund 152 Revenue Totals 36.033.386 Other Sources from the Commonwealth 26,000 Specific Fund Reserves 526,082 Transfers from Other Funds 5,476,918 Fund 151 Revenue Totals 37,197,193 152 Tourism Investment Program Fund Revenue From Local Sources Amusement Tax 5,800,563 Cigarette Tax 934,885 Fines and Forfeitures 776,000 From the Use of Money and Property 593,277 Hotel Room Tax 14,333,141 Permits, Privilege Fees, and Regulatory Licenses 90,000 Restaurant Meal Tax 10,604,887 Specific Fund Reserves 2,650,633 Transfers from Other Funds 250,000 Fund 152 Revenue Totals 36.033.386 157 Sandbridae Special Service District Spec Rev Fd Revenue From Local Sources 201,970 From the Use of Money and Property 7,100 Hotel Room Tax 1,306,790 Real Estate 581,621 Specific Fund Reserves 631,522 Transfers from Other Funds 2,277,372 Fund 157 Revenue Totals 4,804,405 161 Agriculture Reserve Program Special Revenue Fund Revenue From Local Sources Real Estate 4,336,626 Fund 161 Revenue Totals 4,336,626 163 Tourism Advertisina Proaram Special Revenue Fund Revenue From Local Sources Charges for Services 201,970 From the Use of Money and Property 42,730 Hotel Room Tax 4,846,444 Miscellaneous Revenue 48,200 Restaurant Meal Tax 5,002,305 Fund 163 Revenue Totals 10,141,649 City of Virginia Beach, Virginia Fiscal Year 2012-13 Budget Ordinance Attachment B - Revenue 174 Town Center Special Service District Revenue From Local Sources From the Use of Money and Property 2,600 Real Estate 1,476,231 Specific Fund Reserves 318,094 Transfers from Other Funds 150,000 Fund 174 Revenue Totals 1,946,925 180 Communitv Development Special Revenue Fund Revenue From Local Sources Charges for Services FY 2012-13 Revenue from the Federal Government Proposed 166 Sandbridge Tax Increment Financing Fund 712,340 Revenue From Local Sources Fund 180 Revenue Totals 2,187,757 From the Use of Money and Property 15,300 Real Estate 7,098,316 Fund 166 Revenue Totals 7,113,616 169 Central Business District -South TIF (Twn Cntr) Fd 125,000 Revenue From Local Sources Fund 181 Revenue Totals 595,488 From the Use of Money and Property 3,000 Hotel Room Tax 500,000 Real Estate 4,976,213 Specific Fund Reserves 259,099 Fund 169 Revenue Totals 5,738,312 172 Open Space Special Revenue Fund Revenue From Local Sources From the Use of Money and Property 14,560 Restaurant Meal Tax 4,402,029 Specific Fund Reserves 549,316 Fund 172 Revenue Totals 4,965,905 174 Town Center Special Service District Revenue From Local Sources From the Use of Money and Property 2,600 Real Estate 1,476,231 Specific Fund Reserves 318,094 Transfers from Other Funds 150,000 Fund 174 Revenue Totals 1,946,925 180 Communitv Development Special Revenue Fund Revenue From Local Sources Charges for Services 70,000 Revenue from the Federal Government 1,405,417 Transfers from Other Funds 712,340 Fund 180 Revenue Totals 2,187,757 181 CD Loan and Grant Fund Non -Revenue Receipts 100,000 Revenue from the Federal Government 370,488 Transfers from Other Funds 125,000 Fund 181 Revenue Totals 595,488 182 Federal Housing Assistance Grant Fund Non -Revenue Receipts 70,000 Revenue from the Federal Government 829,400 Fund 182 Revenue Totals 899.400 City of Virginia Beach, Virginia Fiscal Year 2012-13 Budget Ordinance Attachment B - Revenue 241 Water and Sewer Fund Non -Revenue Receipts FY 2012-13 Revenue From Local Sources Proposed 183 Grants Consolidated Fund 108,727,428 Revenue From Local Sources 559,447 Charges for Services 39,735 Revenue from the Commonwealth 1,017,733 Other Sources from the Commonwealth 2,953,917 Revenue from the Federal Government 1,498,154 Transfers from Other Funds 524,109 253 Parking Enterprise Fund Fund 183 Revenue Totals 5,015,915 241 Water and Sewer Fund Non -Revenue Receipts 2,665,095 Revenue From Local Sources Charges for Services 108,727,428 From the Use of Money and Property 559,447 Miscellaneous Revenue 330,218 Revenue from the Federal Government 1,017,733 Specific Fund Reserves 1,088,296 Transfers from Other Funds 658,679 Fund 241 Revenue Totals 115,046,896 253 Parking Enterprise Fund Revenue From Local Sources Charges for Services 3,050,215 From the Use of Money and Property 22,500 Fund 253 Revenue Totals 3,072,715 255 Storm Water Utilitv Enterprise Fund Revenue From Local Sources Charges for Services From the Use of Money and Property Revenue from the Federal Government Transfers from Other Funds 310 Old Donation Creek Area Dredging SSD Revenue From Local Sources Real Estate 540 General Government Capital Projects Fund Transfers from Other Funds 541 Water and Sewer Capital Projects Fund Transfers from Other Funds 555 Storm Water Capital Proiects Fund Transfers from Other Funds 32,278,283 125,000 288,259 1,836,295 Fund 255 Revenue Totals 34,527,837 68,652 Fund 310 Revenue Totals 68,652 Fund 540 Revenue Totals Fund 541 Revenue Totals 22,981,051 22.981.051 ; sof M N1"10 14,202,870 Fund 555 Revenue Totals 14,202,870 City of Virginia Beach, Virginia Fiscal Year 2012-13 Budget Ordinance Attachment B - Revenue FY 2012-13 Proposed 604 Print Shop Internal Service Fund Revenue From Local Sources Charges for Services 2,332,268 From the Use of Money and Property 520 Fund 604 Revenue Totals 2,332,788 606 City Garage Internal Service Fund Revenue From Local Sources Charges for Services 10,616,769 Miscellaneous Revenue 30,000 Fund 606 Revenue Totals 10,646,769 607 Risk Management Internal Service Fund Revenue From Local Sources Charges for Services 11,026,818 From the Use of Money and Property 30,000 Miscellaneous Revenue 15,000 Fund 607 Revenue Totals 11,071,818 610 Capital Projects Internal Service Fund Revenue From Local Sources Charges for Services 725,817 Fund 610 Revenue Totals 725,817 613 School Landscaping Internal Service Fund Revenue From Local Sources Charges for Services 3,676,911 Fund 613 Revenue Totals 3,676,911 614 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 115,181,957 Specific Fund Reserves 17,669,203 Fund 615 Revenue Totals 132,851,160 616 Fuels Internal Service Fund Revenue From Local Sources Charges for Services 6,876,428 Specific Fund Reserves 132,931 Fund 616 Revenue Totals 7,009,359 City of Virginia Beach, Virginia Fiscal Year 2012-13 Budget Ordinance Attachment B - Revenue 620 Telecommunications Internal Service Fund Revenue From Local Sources Charges for Services 621 Subscriptions Internal Service Fund Revenue From Local Sources Charges for Services Specific Fund Reserves 908 City Beautification Fund Revenue From Local Sources Miscellaneous Revenue 909 Library Gift Fund Revenue From Local Sources Miscellaneous Revenue 910 Parking Meters - Homeless Donation 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 Fund 620 Revenue Totals FY 2012-13 Proposed 3,255,092 3,255,092 2,491, 901 1,112, 972 Fund 621 Revenue Totals 3,604,873 72,500 Fund 908 Revenue Totals 72,500 7,000 Fund 909 Revenue Totals 7,000 10,000 Fund 910 Revenue Totals 10,000 55,000 Fund 911 Revenue Totals 55,000 2,433,172,045 186.663.533 I AN ORDINANCE ESTABLISHING THE TAX LEVY ON REAL ESTATE FOR FISCAL 2 YEAR 2013 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 2013, 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 eight; nise ninety-three cents`tom 0.93 on each one hundred dollars ($100) of 9 assessed valuation thereof. The real property tax rate that has been prescribed in this section shall be applied on the basis 10 of one hundred percentum of the fair market value of such real property, except for public service real property, which shall 11 be on the basis 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 2013, 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 ^ighty„i:,e ninety 25 three cents ($8-89) 0.93 on each one hundred dollars of assessed valuation thereof. The real property tax rates imposed 26 in this section shall be applied on the basis of one hundred percentum of fair market value of such real property except for 27 public service 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 2013, 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 Elderly 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 S8.1-2604 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 2013, 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 2013, taxes on all real estate that has been classified as 56 an energy efficient building, not exempt from taxation, at a rate of seventy few seventy-eight cents ($0.74) 0.78 on each 57 one hundred dollars of assessed valuation thereof. The real property tax rate imposed in this section shall be applied on the 58 basis of one hundred percentum of fair market value of such real property except for public service property, which shall be 59 on the basis as provided in Section 58.1-2604 of the Code of Virginia. 60 61 Sec. 6. Amount of Lew on Properties Listed in the Virginia Landmarks Register. 62 In accordance with Section 58.1-3221.5 of the Code of Virginia and any relevant section of the City Code, there 63 shall be levied and collected for general purposes for the fiscal year 2013 taxes on buildings that are individually listed on 64 the Virginia Landmarks Register, not including the real estate or land on which the building is located, so long as the 65 building is maintained in a condition such that it retains the characteristics for which it was listed on the Virginia Landmarks 66 Register at a rate of forty-nine cents ($.049) on each one hundred dollars of assessed valuation thereof. The real property 67 tax rate imposed in this section shall be applied on the basis of one hundred percentum of fair market value of such real 68 property except for public service property, which shall be on the basis as provided by Section 58.1-2604 of the Code of 69 Virginia. 70 71 Sec 7 Amount of Lew on Real Estate Within the Old Donation Special Service District. 72 There shall be levied and collected for fiscal year 2013 taxes for the special purpose of providing neighborhood 73 channel dredging of creeks and rivers to maintain existing uses on all real estate within the Old Donation Special Service 74 District not exempt from taxation at the rate of eighteen and four -tenths cents ($0.184) on each one hundred dollars 75 ($100) of assessed value thereof. This real estate tax rate shall be in addition to the real estate tax rate set forth in Section 1 76 of this ordinance This tax rate shall apply without reduction to any properties subject to ad valorem taxes including those 77 properties enrolled in the Exemption Deferral or Freeze for Elderly and Disabled Persons, City Code §§ 35-61, et seq. As set 78 forth in Code of Virginia section 15.2-2403(6), written consent is required to apply this tax rate to the full assessed value of 79 properties subject to special use value assessment. The real estate tax rate imposed herein shall be applied on the basis of 80 one hundred percentum (100%) of the fair market value of such real property except for public service real property, which 81 shall be on the basis as provided in Section 58.1-2604 of the Code of Virginia. 82 83 Sec. &8. Severability. 84 If any portion of this ordinance is for any reason declared to be unconstitutional or invalid, such decision shall not 85 affect the validity of the remaining portions of this ordinance. 86 87 Sec. :7,9.Effective Date. 88 The effective date of this ordinance shall be July 1, 2012. 89 90 Adopted by the City Council of the City of Virginia Beach, Virginia on this 8th day of May, 2012. 91 92 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 City AN ORDINANCE ESTABLISHING THE TAX LEVY ON PERSONAL PROPERTY AND MACHINERY AND TOOLS FOR THE CALENDAR YEAR 2013 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 5 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 2013 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 34.9% 41% 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% 59% 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 34.9%41% 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 66.8-% 59% of the computed tax on the first $20,000 of assessed value. 24 4. Pursuant to authority conferred in Item 503.1) 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. Penalties 29 and interest with respect to bills issued pursuant to this section shall be computed on the entire amount of tax owed. 30 Interest shall be computed from the original due date of the tax. 31 32 Sec. 3. Amount of Levy on Certain Classifications of Tangible Personal Property 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 2013 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 primarily for research, development, production or provision of biotechnology 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. 4. Amount of Levy on Manufactured Homes. 56 There shall be levied and collected for general purposes for the calendar year 2013 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 n ^^ ninety-three cents { 89} 0.93 on each one hundred dollars ($100) of assessed 59 valuation thereof. Such property declared a separate class of tangible personal property in Section 58.1-3506 (A) (10). 60 61 Sec. S. 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 2013 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 8 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. 6. 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 2013 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 8 of this ordinance, at the rate of one dollar and fifty cents ($1.50) on each one hundred dollars 72 ($100) of assessed valuation thereof. Such property declared a separate class of tangible personal property in Sections 73 58.1-3506 (A) (1) (a) and (A) (1) (b). 74 75 Sec. 7. Amount of Levy on Machinery and Tools. 76 In accordance with Section 58.1-3507 of the Code of Virginia, there shall be levied and collected for general 77 purposes for the calendar year 2013 taxes on machinery and tools, including machinery and tools used directly in the 78 harvesting of forest products or semiconductor manufacturing, not exempt from taxation, at the rate of one millionth of 79 one cent ($.000001) on each one hundred dollars ($100) of assessed valuation thereof. As provided by Code of Virginia § 80 58.1-3506 (B), the following personal property shall also be taxed at the rate of machinery and tools: 81 a. all tangible personal property used in research and development businesses, as described in Code of 82 Virginia § 58.1-3506 (A) (7); 83 b. generating or cogenerating equipment, as described in Code of Virginia § 58.1-3506 (A) (9); and 84 c. all motor vehicles, trailers and semitrailers with a gross vehicle weight of 10,000 pounds or more used to 85 transport property for hire by a motor carrier engaged in interstate commerce, as described in Code of Virginia § 58.1-3506 86 (A)(25). 87 88 Sec. 8. Amount of Levy on Privately Owned Pleasure Boats and Watercraft Used for Recreational Purposes Only. 89 There shall be levied and collected for general purposes for the calendar year 2013 taxes on all privately owned 90 pleasure boats and watercraft used for recreational purposes only, at the rate of one millionth of one cent ($.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. 9. Amount of Levy on Privately Owned Camping Trailers, Privately Owned Travel Trailers, and Motor Homes Used for 95 Recreational Purposes Only, and Privately Owned Horse Trailers. 96 There shall be levied and collected for general purposes for the calendar year 2013 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 declared 102 a separate class of tangible personal property in Sections 58.1-3506 (A) (18) and (A) (30). 103 104 Sec. 10. 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 2013 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.11. 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 2013, 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 2012 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 2012, 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. 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. 13. 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. 14. Effective Date. 145 This ordinance shall be effective January 1, 2013. 146 147 Adopted by the Council of the City of Virginia Beach, Virginia, on this 8th day of May, 2012. 148 149 Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: Management Services APPROVED AS TO LEGAL SUFFICIENCY: CityAt orney's is I 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 4 WHEREAS, the United States Congress has established legislation designated as the Housing and Community 5 Development Act of 1974 that sets forth the development of viable urban communities as a national goal; 6 7 WHEREAS, there is federal assistance available for the support of Community Development and Housing activities 8 directed toward specific objectives, such as eliminating deteriorated conditions in low and moderate income 9 neighborhoods that are detrimental to the public health, safety, and welfare, as well as improving the City's housing stock 10 and community services, along with other related activities; and 11 12 WHEREAS, as a prerequisite to receiving the above -referenced federal assistance, the City of Virginia Beach has 13 developed an Annual Funding Plan for submission to the Department of Housing and Urban Development and has created 14 the necessary mechanisms for its implementation in compliance with federal and local directives. 15 16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 17 18 That the City Manager is hereby authorized and directed, as the executive and administrative head of the City, to 19 submit the City's FY 2012-13 Annual Funding Plan (the "Plan") and amendments thereto, along with understandings and 20 assurances contained therein and such additional information as may be required, to the Department of Housing and Urban 21 Development to permit the review, approval, and funding of the Plan. 22 23 Adopted by the Council of the City of Virginia Beach, Virginia, on this 8`h day of May, 2012. APPROVED AS TO CONTENT: E")' Management Services APPROVED AS TO LEGAL SUFFICIENCY: f�� Cit or y' ffice 1 AN ORDINANCE TO DECLARE $7,000,000 OF FUNDING WITHIN THE 2 SANDBRIDGE TAX INCREMENT FINANCING DISTRICT AS SURPLUS 3 FUNDS IN THE FY 2011-12 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, $ 7,000,000 is available as an unencumbered appropriation in the FY 2011-12 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 $ 7,000,000 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 $ 7,000,000 is hereby transferred within the FY 2011-12 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, 2012. 29 30 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 8`h day of May, 2012. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: t iv, f �^ ,Management Services City ey's fice ti �y 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 AN ORDINANCE TO COMPLETE THE CITY'S FINANCIAL OBLIGATIONS ASSOCIATED WITH THE LYNNHAVEN MALL DEVELOPMENT AGREEMENT AND DISSOLVE THE LYNNHAVEN MALL TAX INCREMENT FINANCING FUND WHEREAS, the City Council established the Lynnhaven Mall Tax Increment Financing Fund on June 9, 1998; WHEREAS, the City entered into the Lynnhaven Mall Development Agreement ("Agreement") on June 29, 2000 with Knickerbocker Properties, Inc. III to enhance the retail and theater amenities for the City's residents and visitors, while also addressing public parking, transit opportunities, and storm water management needs within a Tax Increment Financing District; WHEREAS, the parking lease component of the Development Agreement has a twenty year term, which will continue after the City's financial obligations have been satisfied; WHEREAS, the Agreement specifies the City's financial obligations and provides for a one percent (1%) reduction for each fiscal year prior to FY 2013-14 the City meets its financial obligations; and WHEREAS, sufficient fund balance is available in the Fund in addition to FY 2011-12 appropriations to fulfill the City's obligations. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That $1,133,984 is hereby appropriated from the fund balance of the Fund to fulfill the City's financial obligations under the Agreement. 2. That any remaining funds after the City fulfills its financial obligations under the Agreement shall be declared to be surplus. 3. That any surplus funds in the Fund shall be transferred to the General Fund, wherein such funds will lapse to the General Fund's fund balance at the end of the fiscal year. 4. That the Lynnhaven Mall Tax Increment Financing Fund shall be dissolved on June 30, 2012. 5. That this ordinance shall be effective on the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the 8th day of May, 2012. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Management Services Cit r y's Office 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 AN ORDINANCE TO AMEND THE CITY CODE PERTAINING TO THE SANITARY SEWER SERVICE WATER TAP SIZES SECTION ADDED: § 28-26.1 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained by adding thereto a new section 23-26.1 to read as follows: Sec 28-26.1. Nonresidential Tap Sizing. For nonresidential uses wherein an Omni type meter combines domestic and fire flow through a single meter, the sewer charge provided by section 28-26 shall be based on a meter size a ual to the calculated domestic flow. BE IT FURTHER ORDAINED: That the effective date of this ordinance shall be July 1, 2012. Adopted by the Council of the City of Virginia Beach, Virginia, on this 8th day of May, 2012. APPROVED AS TO CONTENT: Management Services APPROVED AS TO LEGAL SUFFICIENCY: Ci ey Office 1 AN ORDINANCE TO AMEND CHAPTERS 8 AND 33 OF THE CITY CODE BY ADDING NEW 2 SECTIONS 8-37 AND 33-72, ESTABLISHING A TECHNOLOGY FEE IN THE AMOUNT OF 3 FIVE DOLLARS FOR BUILDING, ELECTRICAL, PLUMBING, MECHANICAL, FENCE, SIGN, 4 RIGHT-OF-WAY AND CERTAIN OTHER PERMITS 5 Sections Added: City Code Sections 8-37 and 33-72 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 8 9 That Chapter 8 of the City Code is hereby amended by the addition of a new City Code Section 8-37, establishing a 10 technology fee in the amount of $5.00 for building and certain other permits required by Sections 8-31, 8-31.1, 8-32, 8-33, 11 8-34, and Chapter 33 is hereby amended by the addition of a new City Code Section 33-72, establishing a technology fee in 12 the amount of $5.00 for right-of-way permits required by City Code Section 33-51, to read as follows: 13 14 CHAPTER 8. BUILDINGS AND BUILDING REGULATIONS 15 16 .... 17 18 ARTICLE II. VIRGINIA UNIFORM STATEWIDE BUILDING CODE. 19 20 DIVISION 1. GENERALLY 21 22 .... 23 24 Sec. 8-31. - Permit fees—Building permits. 25 26 (a) It shall be unlawful for any person to construct, enlarge, alter, repair or demolish any building or structure 27 as defined in the Virginia Uniform Statewide Building Code without first obtaining a building permit therefor and paying the 28 permit fees set forth in this section. 29 30 (b) The minimum fee for any building permit shall be thirty dollars ($30.00). 31 32 (c) For the construction of any building or addition thereto where the floor area is increased and for the 33 installation or erection of any industrialized building unit, the fee shall be based on the floor area to be constructed, as 34 computed from exterior building dimensions at each floor, as follows: 35 36 (1) Residential—living area—Thirty dollars ($30.00) plus seven dollars ($7.00) for each one hundred 37 (100) square feet or fraction thereof. 38 39 (2) Residential—nonheated building area (residential accessory buildings and structures)—Thirty 40 dollars ($30.00) plus four dollars ($4.00) for each one hundred (100) square feet or fraction 41 thereof. 42 43 (3) Businesses/mercantile—building area—Thirty dollars ($30.00) plus eight dollars ($8.00) for each 44 one hundred (100) square feet or fraction thereof. 45 46 (4) Institutional— building area—Thirty dollars ($30.00) plus eight dollars ($8.00) for each one 47 hundred (100) square feet or fraction thereof. 48 49 (5) Assembly, churches, and government buildings—building area—Thirty dollars ($30.00) plus eight 50 dollars ($8.00) for each one hundred (100) square feet or fraction thereof. (6) Storage—building area—Thirty dollars ($30.00) plus four dollars ($4.00) for each one hundred (100) square feet or fraction thereof. (7) Hazardous storage or occupancy—building area—Thirty dollars ($30.00) plus eight dollars ($8.00) for each one hundred (100) square feet or fraction thereof. (8) Industrial—building area—Thirty dollars ($30.00) plus eight dollars ($8.00) for each one hundred (100) square feet or fraction thereof. (9) Farm buildings—building area—Thirty dollars ($30.00) plus three dollars ($3.00) for each one hundred (100) square feet or fraction thereof. Farm buildings and structures shall be subject to the requirements of this section; provided, however, that farm buildings and structures not used for residential purposes shall not be subject to the technical requirements of the Virginia Uniform Statewide Building Code. (10) Alterations, repairs, private piers, bulkheads, pools, elevators, commercial interior finish, miscellaneous structures and structures located in a Chesapeake Bay Preservation Area or a Southern Watersheds Area for which a permit fee is not otherwise prescribed by this section, including, but not limited to, patios and driveways—value of construction—Thirty dollars ($30.00) plus five dollars ($5.00) for each one thousand dollars ($1,000.00) of value of construction or fraction thereof. (11) Moving of buildings or structures: For the moving of any building or structure into, out of, through or within the city, the fee shall be calculated in accordance with subsection (c)(1). (12) Demolitions: For the demolition of any building or structure, the fee shall be fifty dollars ($50.00). (13) Signs: a. Fees for the erection, painting, placing, replacing, repairing, hanging or rehanging of signs shall be based on the total surface area of all sign faces, and shall be as follows: 1. Single -face signs: 4-32 square feet .....$46.00 33-75 square feet .....69.00 76-150 square feet .....115.00 2. Double -face signs: 4-32 square feet .....$92.00 33-75 square feet .....115.00 76-150 square feet .....138.00 b. The fee for a permit for the repair of a billboard shall be in accordance with subsection (c)(10). C. Fees for the erection, painting, placing, replacing, repairing, hanging or rehanging of temporary signs shall be in an amount equal to one-half of the fee chargeable for permanent signs of like size. 103 (14) Administrative fee: If any construction, alteration, repair, or other work requiring a permit under 104 this article is commenced before a permit is secured and fee paid for same, an administrative fee 105 of one hundred fifty dollars ($150.00) shall be added to the fee due. Payment of such 106 administrative fee shall not in any way relieve the violator of any criminal prosecution. 107 108 (15) Tents: Tents and other temporary structures permit fee shall be Thirty dollars ($30.00). 109 110 (16) Reinspection fee: There shall be a minimum of fifty dollars ($50.00) additional fee charged for 111 each reinspection. 112 113 (16.1) DFU pre -inspection fee: There shall be a fifty dollar ($50.00) fee for pre -inspections for DFU 114 disconnections. 115 116 (17) Appeal: The fee for submitting an appeal to the board of building code appeals shall be one 117 hundred dollars ($100.00). Such fee shall be paid by the appellant. 118 119 (18) Change of use/certificate of occupancy for existing structure(s): 120 121 a. The minimum fee for the inspection of any new construction or existing structure 122 requested by the permit holder shall be fifty dollars ($50.00) for each inspection. 123 124 b. The minimum fee associated with a change of use or request for certificate of y- 125 occupancy for an existing structure or structures on the same property shall be seventy - 126 five dollars ($75.00). 127 128 (19) Application for septic tank soil evaluation: The fee shall be fifty dollars ($50.00) paid at the time 129 of application. If the application is approved, the septic tank permit shall be issued with no 130 additional fee. 131 132 (20) There shall also be a review fee in the amount of one hundred dollars ($100.00) for review of 133 commercial plans. 134 135 COMMENT 136 137 This section is shown for references purposes only; no substantive changes are made. 138 139 Sec. 8-31.1. - Fences and walls. 140 141 (a) A permit shall be required for the construction, reconstruction, replacement or relocation of any fence or 142 wall located within thirty (30) feet of a public right-of-way, except fences or walls used principally for agricultural or 143 horticultural purposes in an AG Agricultural Zoning District. Any such fence or wall located upon more than one (1) lot shall 144 require a separate permit for each such lot, except lots under common ownership. 145 146 (b) The fee for permits required by this section shall be thirty dollars ($30.00). 147 148 COMMENT 149 150 This section is shown for references purposes only; no substantive changes are made. 151 152 Sec. 8-32. - Same—Plumbing permits. 153 154 (a) The fee for a permit for plumbing work, as required by the building code, shall be thirty dollars ($30.00) 155 and, in addition thereto, the following: 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 (1) Each plumbing fixture, floor drain or tap: Six dollars ($6.00). (2) Each house sewer connection: Thirty dollars ($30.00). (3) Each house water connection: Thirty dollars ($30.00). (4) On-site sanitary sewer collector lines: one building—thirty dollars ($30.00), two (2) or more buildings—fifty dollars ($50.00) for each building. (5) On-site potable water distribution lines: one building—thirty dollars ($30.00), two (2) or more buildings—fifty dollars ($50.00) for each building. (6) Public utilities ultra low flush toilet program: thirty dollars ($30.00) for the first three (3) toilets plus five dollars ($5.00) for each toilet over three (3). (b) The fees prescribed in this section shall be in addition to the sewer and water connection fees and charges provided for in chapters 28 and 37 of this Code. (c) On any plumbing work commenced before a plumbing permit has been issued and the requisite fee paid therefore, an administrative fee of one hundred fifty dollars ($150.00) per unit shall be added to the fee due. Payment of such administrative fee shall not in any way relieve the violator from such penalties as may be imposed by the courts. COMMENT This section is shown for references purposes only; no substantive changes are made. Sec. 8-33. - Same—Mechanical, life safety, elevator and gas permits. (a) The minimum fee for the installation or replacement of mechanical/life safety systems or equipment shall be thirty dollars ($30.00) plus five dollars ($5.00) for each one thousand dollars ($1,000.00) of value or fraction thereof. (b) The minimum fee for the installation of gas outlets for a gas piping system shall be thirty dollars ($30.00) plus four dollars ($4.00) for each outlet. (c) The minimum fee for the relocation of a gas meter shall be thirty dollars ($30.00). (d) For annual inspections of elevators and escalators, the fees shall be as follows: (1) Annual safety test and inspection: a. Tractor/cable elevator—$100.00. b. Hydraulic elevator—$100.00. C. Freight elevators—$100.00. d. Escalator—$100.00. (2) Five-year full rate load safety test and inspection: a. Tractor/cable elevators—$100.00. 208 (e) On any mechanical, life safety, elevator or gas work commenced before a mechanical permit has been 209 issued and the requisite fee paid therefore, and administrative fee of one hundred fifty dollars ($150.00) per unit shall be 210 added to the fee due. Payment of such administrative fee shall not in any way relieve the violator from such penalties as 211 may be imposed by the courts. 212 213 COMMENT 214 215 This section is shown for references purposes only; no substantive changes are made. 216 217 Sec. 8-34. - Same—Electrical permits. 218 219 (a) The fee for a permit for electrical work, as required by the building code, shall be as specified in this 220 section. 221 222 (b) There shall be charged a minimum fee of thirty dollars ($30.00) for each permit issued. 223 224 (c) For a permit issued for a temporary service, such as a trailer, house meter or meter loop added to an 225 existing service, the fee shall be thirty dollars ($30.00). 226 227 (d) For a permit for any special condition, such as and including temporary electrical release for construction 228 purposes, buildings moved, swimming pools, carnivals, services relocated but not increased and the like, the fee shall be a 229 minimum of fifty dollars ($50.00). The fee for a permit for prefabricated buildings for out -of -city use shall be thirty dollars 230 ($30.00). 231 232 (e) For a permit issued for original construction, the following fees include all equipment outlets only if 233 specifically listed on the application and installed by the permit holder before the final inspection, such fees being based on 234 the maximum current carrying capacity of each set or subset of service conductors installed, to the nearest fifty (50) 235 amperes: 236 237 (1) Single-phase: Thirty dollars ($30.00) plus twenty dollars ($20.00) for each fifty (50) amperes. 238 239 (2) Three-phase: Eighty dollars ($80.00) for the first fifty (50) amperes plus twenty dollars ($20.00) 240 for each additional fifty (50) amperes. 241 242 When services are increased or phases added, the fee shall be one-half the rate above, plus the added equipment fee. For 243 fee purposes, the service -panel nameplate amperage rating shall be used. 244 245 (f) For each piece of equipment connected and for each circuit or feeder installed, extended, relocated or 246 repaired, the fee shall be thirty dollars ($30.00) plus five dollars ($5.00) per circuit. 247 248 (g) On any electrical work commenced before an electrical permit has been issued and the requisite fee paid 249 therefore, an administrative fee of one hundred fifty dollars ($150.00) per unit shall be added to the fee due. Payment of 250 such administrative fee shall not in any way relieve the violator from such penalties as may be imposed by the courts. 251 252 COMMENT 253 254 This section is shown for references purposes only; no substantive changes are made. 255 256 Sec. 8-37. Technology fee. 257 258 In addition to any fees otherwise required by this chapter, there shall be a fee in the amount of Five Dollars ($5.00) 259 for permits issued pursuant to Sections 8-31 8-31.1, 8-32 8-33 8-34 Such fee shall be for the following purposes: 260 261 (a) To improve community access to general information about cases applications permits and inspections 262 by providing online user-friendly search and viewing tools; 263 264 (b) To facilitate communications with property owners consultants and contractors through use of on-line 265 checklist and activity tracking that automatically emails notifications and updates regarding permit status and other 266 information not previously available on-line; 267 268 (c) To increase transparency and accountability in business operations by providing users the ability to track 269 all transactions online; 270 271 (d) To enhance performance and revenue reporting by providing the ability to produce ad hoc reports on 272 demand; and 273 274 (e) To improve and expand electronic document storage management and retrieval by including scanned 275 images as part of the on-line permit record. 276 277 COMMENT 278 279 The section establishes a new "technology fee" in the amount of $5.00 for permits issued under the City Code 280 sections listed in the ordinance and sets forth the purposes of the fee. The use of the technology for which the fee is 281 established will significantly upgrade the permitting process, thereby facilitating its use by property owners and other 282 users of the system and allowing for greater efficiency in keeping permit records. 283 284 CHAPTER 33. STREETS AND SIDEWALKS 285 286 .... 287 288 ARTICLE 11. WORK ON, OVER, UNDER OR AFFECTING STREETS 289 290 .... 291 292 Division 2. Permit Generally 293 294 Sec. 33-51. General requirement. 295 296 Except as otherwise provided in this article, it shall be unlawful for any person to perform any work in connection 297 with the erection, construction, removal, relocation or maintenance of any structure, drainage system, surface, overhead or 298 underground installation or to cut, trim or spray trees or to place signs, if such work, cutting, trimming, spraying or placing 299 is on, under or over a street or affects a street, until such person has obtained a permit therefor in accordance with the 300 provisions of this division. 301 302 COMMENT 303 304 This section is shown for references purposes only; no substantive changes are made. 305 306 .... 307 308 Division 3. Permit, Inspection and guarantee fees. 309 310 Sec. 33-71. - Schedule. 311 312 (a) Permit, inspection and guarantee fees for work for which a permit is required by this article shall be required or 313 not required in accordance with the following schedule: 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 (b) At the time easement or dedication plats are submitted a review fee in the amount of eighty-four dollars ($84.00) shall be required. COMMENT This section is shown for references purposes only; no substantive changes are made. Sec. 8-72. Technology fee. In addition to any fees otherwise required by this chapter, there shall be a fee in the amount of Five Dollars ($5.00) for permits issued pursuant to Section 33-51. Such fee shall be for the following purposes: (a) To improve community access to general information about cases, applications, permits and inspections by providing online, user-friendly search and viewing tools; (b) To facilitate communications with property owners, consultants and contractors through use of on-line checklist and activity tracking that automatically emails notifications and updates regarding permit status and other information not previously available on-line; (c) To increase transparency and accountability in business operations by providing users the ability to track all transactions online; (d) To enhance performance and revenue reporting by providing the ability to produce od hoc reports on demand; and Type of Project Permit Fee Inspection Fee Minimum Guarantee Fee (1) One (1) permit for work $100.00 Based on 1.5% the total cost of Deposit in accordance of a continuing nature construction as provided in the with estimated cost engineer's cost estimate, excluding water, sewer and street light costs, with a $50.00 minimum. (2) Logging road, tram road $100.00 $50.00 Deposit in accordance and other temporary with estimated cost entrances (3) Cutting, trimming or $100.00 $50.00 $25.00 spraying trees or shrubs (4) Blanket permit $500.00 $0.00 $0.00 (5) Single- or two-family $35.00 $0.00 $0.00 driveway aprons (6) Single permit $100.00 $0.00 $0.00 (7) All other work $100.00 Based on 1.5% of the total cost of Deposit in accordance construction as provided in the with estimated cost. engineer's cost estimate, excluding street light costs, with a $50.00 minimum; provided, however, that water and sewer fees shall be based on 10% of the construction cost up to $7,500.00 plus 1.5% of the construction cost in excess of $7,500.00, with a $50.00 minimum. (b) At the time easement or dedication plats are submitted a review fee in the amount of eighty-four dollars ($84.00) shall be required. COMMENT This section is shown for references purposes only; no substantive changes are made. Sec. 8-72. Technology fee. In addition to any fees otherwise required by this chapter, there shall be a fee in the amount of Five Dollars ($5.00) for permits issued pursuant to Section 33-51. Such fee shall be for the following purposes: (a) To improve community access to general information about cases, applications, permits and inspections by providing online, user-friendly search and viewing tools; (b) To facilitate communications with property owners, consultants and contractors through use of on-line checklist and activity tracking that automatically emails notifications and updates regarding permit status and other information not previously available on-line; (c) To increase transparency and accountability in business operations by providing users the ability to track all transactions online; (d) To enhance performance and revenue reporting by providing the ability to produce od hoc reports on demand; and 341 (e) To improve and expand electronic document storage management and retrieval by including scanned 342 images as part of the on-line permit record. 343 344 BE IT FURTHER ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH: 345 346 That this ordinance shall take effect on July 1, 2012. 347 348 COMMENT 349 350 The section establishes a new technology fee in the amount of $5.00 for permits issued under City Code 351 Section 33-51 (pertaining to permits for work on, under, over or affecting public rights-of-way) and sets forth the 352 purposes of the fee. The use of the technology for which the fee is established will significantly upgrade the permitting 353 process, thereby facilitating its use by property owners and other users of the system and allowing for greater efficiency 354 in keeping permit records. 355 356 Adopted by the City Council of the City of Virginia Beach, Virginia on the 8`h day of May, 2012. APPROVED AS TO CONTENT: Management Services APPROVED AS TO LEGAL SUFFICIENCY: -Ct y rn s ffice MIA�BFA CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: City Manager Proposal on the FY 2012-13 Capital Improvement Program Related Ordinances MEETING DATE: May 8, 2012 ■ Background: On March 27, 2012, the City of Virginia Beach FY 2012-13 Proposed Resource Management Plan, which includes the Capital Improvement Program, was presented to City Council. The City held a budget open house April 5th to provide information to citizens about the proposed budget. City Council held budget workshops on April 3th, 10th, 17th, 24th, and May 1St to discuss the Capital Improvement Program. City Council held public hearings on April 18th, 24th, and May 81h to provide the public the opportunity to comment on the proposed Resource Management Plan. Considerations: After discussions at the May 1, 2012 Reconciliation Workshop, the majority of City Council agreed to adopt the City Manager's Proposed Resource Management Plan as presented. The following ordinances are provided for the Council's consideration and approval to implement the FY 2012-13 Capital Improvement Program. An Ordinance to Adopt the FY 2013/FY 2018 Capital Improvement Program and to Appropriate $265,334,627 for the FY 2013 Capital Budget Subject to Funds Being Provided from Various Sources Set Forth Herein 2. An Ordinance Authorizing the Issuance of General Obligation Public Improvement Bonds of the City of Virginia Beach, Virginia, in the Maximum Amount of $67,700,000 for Various Public Facilities and General Improvements 3. 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 4. An Ordinance to Realign Revenues of the Roadways Capital Improvements Projects from Various Sources Set Forth Herein ■ Public Information: Three public hearings and one Open House have been held concerning the Capital Improvement Program. Information on these ordinances was disseminated to the public through the publication of the Proposed Capital Improvement Program documents which were available for public review at the Libraries and on the City's web site. In addition, the ordinances are advertised through the normal Council agenda process, including the advertisement of the City Council agenda. In accordance with the City Charter and State law, there was a series of public notices in the Beacon, which appeared on April 1St, 8th, and 15th and in the Hampton Roads Section of the Virginian -Pilot on April 29tH ■ Attachments: FY 2012-13 Capital Improvement Program Ordinances Submitting Department/Agency: Department of Management Services City Manager: 1 AN ORDINANCE TO ADOPT THE FY 2013/FY 2018 CAPITAL 2 IMPROVEMENT PROGRAM AND TO APPROPRIATE $265,334,627 FOR 3 THE FY 2013 CAPITAL BUDGET SUBJECT TO FUNDS BEING PROVIDED 4 FROM VARIOUS SOURCES SET FORTH HEREIN 5 WHEREAS, the City Manager, on March 27, 2012, presented to City Council the Capital Improvement Program for 6 fiscal years 2013 through 2018; 7 8 WHEREAS, City Council held public hearings on the program to provide for public comment; 9 10 WHEREAS, based on public comment, City Council has determined the need for certain projects in the Capital 11 Improvement Program; and 12 13 WHEREAS, it is necessary to appropriate funds for both existing projects and projects beginning in the 2013 fiscal 14 year, as set forth in said Capital Improvement Program. 15 16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 17 18 Section 1. That the Capital Improvement Program, as modified, for the construction of, or addition to, capital 19 facilities identified for fiscal years 2013 through 2018 is hereby adopted, and the projects listed therein are hereby 20 approved as capital projects. 21 22 Section 2. That the projects shall be financed from funds to be appropriated periodically by City Council, and until 23 funds are so provided, the projects are for planning purposes only and may be deleted, altered, or rescheduled in any 24 manner at any time by City Council. 25 26 Section 3. That funds in the amounts aggregating $265,334,627 for capital projects in the Capital Budget for the 27 2013 fiscal year, as set forth in said Capital Improvement Program, are hereby appropriated, by project and subject to the 28 conditions set forth herein. The -amount of funding for individual projects is set forth in "Attachment A — Capital Budget 29 Appropriations," a copy of which is attached hereto. 30 31 Section 4. That in accordance with Section 2-196 of the City Code, financing sources in support of the Capital Budget 32 for the 2013 fiscal year as set forth in said Capital Improvement Program is attached to this ordinance as "Attachment B — 33 Financing Sources." 34 35 Section S. That capital project funds appropriated in prior fiscal years are to be adjusted in accordance with said 36 Capital Improvement Program and reallocated as identified in "Attachment C — Transfers," a copy of which is attached 37 hereto. 38 39 Section 6. That reductions in financing sources in support of the Capital Budget for the 2013 fiscal year as set forth in 40 said Capital Improvement Program are attached to this ordinance as "Attachment D — Changes in Financing Sources." 41 42 Section 7. That additional appropriations, the addition of capital projects, and changes in project scope shall not be 43 initiated except with the consent and approval of the City Council first being obtained. An appropriation for a project in the 44 Capital Improvement Program shall continue in force, and, to the extent required by law, re-appropriated for use in FY 45 2012-13 until the purpose for which it was made has been accomplished or abandoned. 46 47 Section 8. That all contracts awarded for approved and appropriated capital projects, exclusive of school projects, 48 must be certified as to the availability of funds by the Director of Finance prior to the initiation of work on the contract. 49 50 Section 9. That subject to any applicable restriction of law or of any bonds or bond issue, the City Manager or the 51 Director of Management Services is authorized to approve transfers of appropriations in an amount up to $100,000 52 between capital projects as may best meet the needs of the City. The City Manager shall make a monthly report to the City 53 Council of all transfers between $25,000 and $100,000. The City Manager or the Director of Management Services is 54 hereby authorized to establish and administer the budgeting of capital projects consistent with best management practices, 55 reporting requirements and the Capital Improvement Program adopted by the City Council. 56 57 Section 10. That to ensure timely completion of water and sewer projects, appropriations for water and sewer 58 companion projects may be transferred between these projects by the City Manager (or designee). "Companion projects" 59 mean water and sewer projects having the same name or project scope and description with the exception of "water" or 60 "sewer" being in the title and/or project scope and description. 61 62 Section 11. That the City Manager or the Director of Management Services is hereby authorized to change, subject 63 to any applicable restriction of law or of any bonds or bond issue, the financing sources for the various capital projects 64 included in this or previous ordinances to reflect effective utilization of the financing sources and actual collections and/or 65 realized revenues. If the financing sources in support of capital projects decline, the City Manager or the Director of 66 Management Services is authorized to reduce, subject to any applicable restriction of law or of any bonds or bond issue, 67 those appropriations to equal the changed financing source. The City Manager must give prior notice to the City Council of 68 any reductions to total appropriations exceeding $100,000. The notice to City Council shall identify the basis and amount of 69 the appropriation reduction and the capital projects affected. The accounting records of the City will be maintained in a 70 manner where the total of financing sources is equal to the total appropriations for each of the City's capital projects funds. 71 72 Multi SepAee „ . 73ja� ' 74 75 QP #4 004LOpen Spaee Site Acquisitien, „. 76 ' heFeby 77 78 79 Section 12 43. That the Capital Improvement Program debt management policies contained and included in the 80 Resource Management Plan document shall be the policy guidelines of the City, and the City Manager shall annually report 81 on the status of those guidelines and the projected impact of the proposed Capital Improvement Program on those 82 guidelines, such information to be included in the Resource Management Plan submittal. The City Manager may propose 83 modifications to those policies and guidelines through the Resource Management Plan. 84 85 Section 13 44. That subject to the appropriation of sufficient funds within a capital project, the acquisition of real 86 property necessary for the project is authorized by means of voluntary negotiation with willing sellers. 87 88 Section 14 35. That violation of this ordinance shall result in the City Manager taking disciplinary action against the 89 person or persons responsible for the capital project in which the violation occurred. 90 91 Section 15 46. That if any portion of this ordinance is for any reason declared to be unconstitutional or invalid, such 92 decision shall not affect the validity of the remaining portions of this ordinance. 93 94 Section 16 47. That this ordinance shall be in effect from the date of its adoption; however, appropriations for the FY 95 2013 Capital Budget shall be effective on July 1, 2012. 96 97 Adopted by the City Council of the City of Virginia Beach, Virginia on this 8th day of May, 2012. 98 99 Requires an affirmative vote of the majority of City Council. APPROVED AS TO CONTENT: 9 • i 0. R, 4 a Management Services APPROVED AS TO LEGAL SUFFICIENCY: qCityo s ice Project Number Projects Buildings - CRO Heritage Building - Maintenance Program VA Aquarium Bldg Systems & Facility Infrastructure - Ph I Virginia Aquarium Renewal and Replacement - Phase II 3103000 3146000 3278000 City of Virginia Beach, Virginia Attachment A — Capital Budget Appropriations Appropriations FY 2012-13 53,850 3,200,000 lann nnn Total Buildings - CRO Projects 3,553,850 Buildings - FYO 3510000 Intermediate Care Facilities Renewal/Replacement-Phase 1 389,086 Total Buildings - FYO Projects 389,086 Buildings - QELL 3262000 TCC Expansion/Operation Smile Headquarters 801,500 Total Buildings - QELL Projects 801,500 Buildings - QPE 3136000 Various Buildings HVAC Rehabilitation & Renewal -Phase III 1,104,962 3137000 Various Buildings Rehabilitation and Renewal - Phase III 534,113 3139000 Various Site Acquisitions - Phase II 1,274,081 Total Buildings - QPE Projects 2,913,156 Buildings - SC 3133000 Fire Training Center Improvements - Phase III 3371000 Fire Apparatus - Phase II 3506000 Fire Facility Rehabilitation and Renewal - Phase III Coastal 8002000 Beach Profile Monitoring Program 8004000 Various Minor Dredging Projects 8014000 Lynnhaven Inlet Maintenance Dredging 8282000 Sandbridge Beach Restoration 8405000 Sandbridge Beach Access Improvements - Phase II 8406000 Rudee Inlet Federal Dredging - Phase II 8407000 Rudee Inlet Outer Channel Maintenance Dredging -Phase II 8500000 Old Donation Creek Area Dredging 400,000 1,501,547 4 '21R 74n Total Buildings - SC Projects 3,218,257 50,000 176,336 200,000 4,529,405 275,000 550,000 450,000 GQ ar') Total Coastal Projects 6,299,393 City of Virginia Beach, Virginia Attachment A — Capital Budget Appropriations Communications and IT - SC 3095000 CIT - Police - Integrated Public Safety Record Management System 3,792,588 3142000 CIT - Communications Infrastructure Replacement - Phase II 11,750,000 3619000 CIT - ALI Database Management & Selective Routing 1,645,176 Total Communications and IT - SC Projects 17,187,764 Economic and Tourism Dev - EV 9058000 Rudee Inlet Connector Walk Appropriations Project Oceana & Interfacility Traffic Area Conformity & Acquisition 2012-13 Number ProjectsFY 100,000 9081000 Communications and IT - QO 1,250,000 3068000 CIT - IT Network Infrastructure Replacement - Phase II 300,000 3119000 CIT - Cable Access Infrastructure Replacement Phase 1 322,000 3637000 CIT - Disaster Recovery - Critical Service Analysis -Phase III 436,150 3638000 CIT - Application Portfolio Sustainment 350,000 3646000 CIT - eGIS Base Map Updates (Partial Funding) 336,579 3648000 CIT - Bi -Weekly and Lag Payroll Implementation 1,854,144 3652000 CIT - Telecommunications Replacement - Phase II 350,000 9505000 Total Communications and IT - QO Projects 3,948,873 Communications and IT - SC 3095000 CIT - Police - Integrated Public Safety Record Management System 3,792,588 3142000 CIT - Communications Infrastructure Replacement - Phase II 11,750,000 3619000 CIT - ALI Database Management & Selective Routing 1,645,176 Total Communications and IT - SC Projects 17,187,764 Economic and Tourism Dev - EV 9058000 Rudee Inlet Connector Walk 700,000 9060000 Oceana & Interfacility Traffic Area Conformity & Acquisition 15,000,000 9069000 19th Street Corridor Improvements 100,000 9081000 Strategic Growth Area Projects 1,250,000 9082000 Oceanfront Parking Facilities Capital Maintenance 300,000 9083000 Town Center Garage and Plaza Capital Maintenance 283,564 9085000 SGA - Burton Station Road Improvements - Phase II 2,600,000 9091000 SGA - Burton Station Road Improvements - Phase III 6,750,000 9141000 Economic Development Investment Program (On -Going) 2,243,725 9500000 Virginia Beach Amphitheater Capital Maintenance 200,000 9504000 Newtown Strategic Growth Area 750,000 9505000 Pembroke Strategic Growth Area 750,000 9506000 Rosemont Strategic Growth Area 750,000 Total Economic and Tourism Dev - EV Projects 31,677,289 City of Virginia Beach, Virginia Attachment A — Capital Budget Appropriations Appropriations Project FY 2012-13 Number Projects Parks and Recreation 4064000 City Bikeways & Trails Plan Implementation - Phase II 475,000 4080000 Sportsplex Field Hockey National Trng Ctr Rep/Reno Ph 1 391,316 4300000 Community Recreation Ctrs Repairs & Renovations - Ph III 1,976,542 4301000 Parks & Special Use Facilities Develop. & Reno. - Phase III 1,114,682 4302000 Golf Courses Contractual Obligations for Maintenance 120,000 4303000 Greenways, Scenic Waterways & Natural Areas - Phase 111 125,000 4305000 Tennis Court Renovations - Phase III 125,000 4306000 Open Space Park Development and Maintenance - Phase II 1,500,000 4307000 Athletic Fields Lighting & Renovations - Phase III 150,000 4308000 Open Space Program Site Acquisition - Phase III 500,000 4309000 Mount Trashmore Signature Park Renovations - Phase II 250,000 4500000 Park Playground Renovations - Phase III 500,000 4502000 Lynnhaven Boat Ramp & Beach Facility Repairs/Reno - Ph 1 49,527 4505000 Modernization of Bow Creek Recreation Center 17,418,934 4517000 Stumpy Lake Golf Course Lease Obligations - Ph 1 96,265 4518000 Pleasure House Point Acquisition 6,000,000 Total Parks and Recreation Projects 30,792,266 Project Number 2021000 2025000 2031000 2048000 2107000 2117000 2145000 2152000 2160000 2161000 2165000 2168000 2176000 2177000 2256000 2263000 2268000 2300000 2409000 2410000 2418000 2837000 1001000 1099000 1103000 1104000 1105000 1106000 1109000 1232000 1233000 Proiects City of Virginia Beach, Virginia Attachment A — Capital Budget Appropriations Roadways Rural Road Improvements Witchduck Road - Phase II Street Reconstruction Princess Anne Rd./Kempsville Rd. Inter. Impr. Seaboard Road Shore Drive Corridor Improvements - Phase III Wesleyan Drive Elbow Road Extended - Ph. II City Wide Street Lighting Improvements - Phase II Traffic Signal Retiming Laskin Road - Phase II Lesner Bridge Replacement Transportation Network Analysis Proactive Safety Improvement Program Indian River Rd - Ph. VII Major Bridge Rehabilitation Wetlands Mitigation Banking Traffic Safety Improvements - Phase III Centerville Turnpike Interim Improvements Traffic Signal Rehabilitation - Phase II Indian River Rd/Kempsville Rd Intersection Improvements Various Cost Participation Projects Schools Renovations and Replacements - Energy Management Renovations and Replacements - Grounds - Phase II Renovations and Replacements - HVAC Systems - Phase II Renovations and Replacements - Reroofing - Phase II Renovations and Replacements - Various - Phase II Kellam High School Replacement Energy Performance Contracts (Schools) Tennis Court Renovations Consolidated Old Donation Ctr/Kemps Landing Magnet Rep Total Roadways Projects Appropriations FY 2012-13 1,000,000 10,143,000 2,150, 000 537,016 4,584,267 3,289,247 800,450 5,293,958 60,000 599,800 560,000 30, 000, 000 100,000 75,000 561,000 660,000 50,000 2,675,837 6,376,097 100,000 3,295,000 25,000 72,935,672 500,000 750,000 2,500,000 2,675,000 500,000 22,196,000 2,500,000 320,000 5,450,000 Total Schools Projects 37,391,000 Project Number 6041000 6057000 6061000 6070000 6085000 6089000 6090000 6092000 6093000 6106000 6146000 6151000 6403000 6404000 6405000 6501000 6552000 6555000 6557000 6564000 6567000 6604000 6804000 6952000 6953000 6973000 Proiects City of Virginia Beach, Virginia Attachment A — Capital Budget Appropriations Sewer Utility Pump Station Modifications - Phase V Holland Road - Phase VI Sewer Improvements (VDOT) Utilities Emergency Response Program - Phase II Infiltration, Inflow and Rehabilitation - Phase V Sanitary Sewer Asset Management Program - Phase II Comprehensive Sewer Master Planning - Phase IV Clean Water Act Compliance Studies Phase I Vacuum Valve Monitoring System Consent Order Rehabilitation Plan Implementation Prg Ph I Various Roadway/Storm Water Coordination - Phase V Sewer Requests & Agreements - Phase V (51% Program) Landstown Yard Improvements - Phase IV Service Order Automation Solution Design Computerized Mapping & Infrastructure Mgmt - Phase II Customer Information System Version Migration Auxiliary Power Program -Sewer Pump Stations -Phase III Sanitary Sewer System Revitalization Program - Phase II Utility Crossings Condition Assessment Program - Phase II SGA Sanitary Sewer System Improvements Relocation of Sewer Cleanouts - North Landing Rd Sewer Pump Station Backflow Prevention Modifications Witchduck Rd - Phase II Sewer Improvements Sanitary Sewer Regulatory Compliance Program - Phase I Sewer Pump Station Flow Monitoring & Data Storage -Ph I Sewer Tap Installation Program - Phase II Sanitary Sewer Capacity Program - Phase I Appropriations FY 2012-13 2,746,000 100,000 200,000 3,300,000 900,000 500,000 200,000 180,000 1,600,000 620,000 50,000 865,000 50,000 170,000 150,000 1,598,000 4,000,000 50,000 400,000 225,000 680,000 50,000 3,600,000 2,970,000 300,000 500,000 Total Sewer Utility Projects 26,004,000 Project Number Projects City of Virginia Beach, Virginia Attachment A — Capital Budget Appropriations Storm Water 7016000 South Lake Holly Watershed 7027000 SWM Master Planning, Analysis, and Inventory 7038000 Thoroughgood Drainage - Interim 7067000 Primary System Infrastructure Improvements 7091000 Residential Drainage Cost Participation Program 7151000 Cape Henry Beach Drainage 7153000 Lynnhaven Watershed Restoration 7159000 Water Quality Participation Projects 7400000 Aragona Drainage Improvements 7406000 Elizabeth River TMDL Implementation Plan 7410000 Southern River TMDL Implementation Plan 7411000 Oceanfront Storm Water Facilities Maintenance 7412000 Storm Water Pump Station Modifications 7413000 Neighborhood SW Infrastructure Improvements -Ph. II 7414000 Storm Water Quality Enhancements - Phase II 7415000 Lake Management - Phase II 7416000 SW Infrastructure Rehabilitation & Improvements -Phase II Appropriations FY 2012-13 775,000 550,000 175,000 770,000 73,651 885,000 300,000 100,000 600,000 200,000 200,000 177,000 442,500 1,002,890 1,181,078 2,941,280 3.853.122 Total Storm Water Projects 14,226,521 City of Virginia Beach, Virginia Attachment A — Capital Budget Appropriations Appropriations Project FY 2012-13 Number Projects Water Utility 5011000 Beach Garden Park - Kilborne Ct & Holly Rd Improvements 50,000 5024000 Holland Road - Phase VI Water Improvements (VDOT) 250,000 5028000 Witchduck Rd - Phase II Water Improvements 167,000 5030000 Shore Drive Water Line Improvements - PH ill 50,000 5046000 Utilities Emergency Response Program - Phase ii 200,000 5084000 System Expansion Cost Participation Agreements - Phase II 130,000 5086000 Comprehensive Water Master Planning - Phase V 200,000 5089000 Various Roadway/Storm Water Coordination - Phase V 800,000 5090000 Lynnhaven Pkwy - Phase XI Water Improvements (VDOT) 570,000 5091000 Water Request & Agreements (51 % Program) - Phase V 50,000 5151000 Landstown Yard Improvements - Phase IV 1,214,000 5250000 Potable Wells Evaluation Program - Phase III 275,000 5252000 Water Quality Program - Phase IV 100,000 5260000 Utility Crossings Condition Assessment - Phase II 50,000 5403000 Service Order Automation Solution Design 50,000 5404000 Computerized Mapping & Infrastructure Mgmt - Phase ii 170,000 5405000 Customer Information System Version Migration 150,000 5501000 Water Transmission System Upgrade Pgm-Phase 1 6,090,000 5804000 Water Line Extension, Replacement & Rehab Pgm-Phase 1 900,000 5805000 Water Utility Asset Management Program - Phase I 900,000 5806000 Backflow Prevention & Cross -Connection Control Pgm-Ph II 1,000,000 5952000 Water Pump Station Flow Monitoring and Data Storage 180,000 5953000 Water Tap Installation Program - Phase II 150,000 5967000 Water Resources Investigation & Planning - Phase 1 300,000 Total Water Utility Projects 13,996,000 Total Capital Budget 265,334,627 City of Virginia Beach, Virginia Attachment B — Financing Sources Total Capital Budget 265,334,627 Capital Budget FY 2012-13 Financing Sources 3,996,450 Federal Contribution 322,000 Franchise Fees 18,202,054 Fund Balance - General Fund 6,200,000 Fund Balance - Other 22,681,051 General Appropriations 62,447,450 General Obligation Bonds 196,344 Lease of Property 5,727,934 Lease -Purchase 389,086 Medicaid Cost Settlement 300,000 Parking Enterprise Fund 25,151 Private Contribution 37,857,702 Public Facility Bonds 3,850 Rental Income 350,000 Retained Earnings - Telecommunications Retained Earnings - Water and Sewer Fund 5,000,000 400,000 Sale of Property 52,032,685 State Contribution 14,202,870 Storm Water Utility Fund 27,000,000 Water and Sewer Bonds 8,000,000 8 Water and Sewer Fund Total Capital Budget 265,334,627 Attachment C - Transfers Appropriations Prior to FY 2012-13 Project # Cultural and Recreational Opportunities Parks and Recreation Proiects Transfer To: 4308000 Open Space Program Site Acquisition - Phase III $ 5,092,029 4300000 Community Recreation Centers Repairs & Renovations- Phase III 9,460,571 4306000 Open Space Park Development & Maintenance- Phase II 2,370,611 4505000 Modernization of Bow Creek Recreation Center 929,969 Total Transfer To: $ 17,853,180 Transfer From: 4004000 Open Space Program Site Acquisition - Phase 1 $ 3,159,029 4070000 Open Space Program Site Acquisition - Phase II 1,933,000 4013000 Community Recreation Centers Repairs & Renovations - Phase II 9,300,000 4034000 Recreation Centers Roof Maintenance & Replacement - Ongoing 160,571 4055000 Open Space Park Development & Maintenance - Phase 1 2,370,611 4051000 Stumpy Lake Golf Course Infrastructure Improvements 929,969 Total Transfer From: $ 17,853,180 Economic Vitality Economic and Tourism Development Projects Transfer To: 9336000 Spot Blight Abatement Transfer From: 9199000 Conference/Convention Facility Renovation (On -Going) 58,978 Total Transfer To: $ 58,978 58,978 Total Transfer From: $ 58,978 Quality Physical Environment Roadways Transfer To: 2117000 Shore Drive Corridor Improvements - Phase III (Partial) 2412000 Cleveland Street/Clearfield Avenue Improvements 2167000 Lynnhaven Parkway - Phase XI 2107000 Seaboard Road 2158000 Holland Road - Phase VI 2418000 Indian River Rd/Kempsville Rd Intersection Improvements Transfer From: 2731000 Shore Drive Interim Safety Improvements 2115000 Shore Drive - Intersections Demonstration Project 2401000 Greenwich Road Crossover 2257000 Lynnhaven Parkway/Volvo Parkway Intersection 2121000 Nimmo Parkway - Phase V-A (VDOT) 2190000 Congestion Relief and Safety Improvements $ 2,385,795 825,000 2,826,712 913,000 2,398,784 2,980,000 Total Transfer To: $ 12,329,291 $ 250,000 299,073 825,000 575,217 7,400,001 2,980,000 Total Transfer From: $ 12,329,291 Attachment C - Transfers Appropriations Prior to Project # FY 2012-13 Storm Water Transfer To: 7400000 Aragona Drainage Improvements $ 910,000 7151000 Cape Henry Beach Drainage 950,000 7038000 Thoroughgood Drainage - Interim 200,000 7024000 Southern Canal/Lead Ditch and Culvert Improvements 500,000 7416000 Storm Water Infrastructure Rehabilitation and Improvements - Phase II 1,000,000 7415000 Lake Management - Phase II 450,000 7067000 Primary System Infrastructure Improvements 970,893 Total Transfer To: 4,980,893 Transfer From: 7145000 Arctic Avenue - Baltic Avenue 7033000 Rosemont Forest Drainage Improvements 7902000 North Beach Drainage 7404000 Aragona Neighborhood Infrastructure Rehabilitation 7405000 Brigadoon Lakes Maintenance Dredging Fixed Assets of the Storm Water Capital Projects Fund Water and Sewer Utility Proiects Transfer To: 5252000 Water Quality Program - Phase IV 5084000 System Expansion Cost Participation Agreements - Phase II 5501000 Water Transmission System Upgrade Program - Phase 1 5260000 Utility Crossing Condition Assessment - Phase II 6148000 System Expansion Cost Participation Agreements - Phase II 6555000 Utility Crossing Condition Assessment - Phase II 6041000 Pump Station Modifications - Phase V Transfer From: Fixed Assets (Various Closed -Out Projects) 5001000 Comprehensive Emergency Response & Planning - Phase 1 5007000 Customer Information System Replacement 5013000 Water SCADA System Upgrade 5087000 Bayway Road Water Improvements -51% 5130000 Lynnhaven Parkway Extended 5131000 Tank Upgrade Program - Phase II 5164000 IVR/CTI, Bill Prnt, Auto Payment Solution Design 5166000 Automated Mobile Water Reading System - Phase 1 5167000 Tank Upgrade Program - Phase III 5207000 Laskin Road - Phase 1 5255000 Automated Mobile Water Reading System - Phase II 5400000 Fire Hydrant Program - Phase III 5401000 Records Management Improvements 60,000 1,500,000 1,000,000 1,000,000 450,000 970,893 Total Transfer From: 4,980,893 $ 100,000 224,729 179,605 343,518 700,000 334,211 1,336,048 Total Transfer To: $ 3,218,111 $ 805,663 46,106 13,502 22,432 5,500 111,382 153,948 9,235 81,452 25,657 7,198 500,000 68,332 3,965 Attachment C - Transfers Various Business Areas Transfer To: 3095000 Police Integrated Public Safety RMS 8933000 Landfill #2 Expansion Transfer From: Fixed Assets (Various Closed -Out Projects) 2161000 Traffic Signal Retiming 2076000 Laskin Road Gateway 2091000 Nimmo Parkways Phases II and III 3043000 CIT -In Vehicle Mapping 3083000 CIT -System Center Configuration Management 3086000 CIT -EMS Handheld Field Reporting 3209000 CIT -Enterprise Electronic Records Management System 3346000 CIT -Automatic Vehicle Locator System $ 1,074,819 1,383,709 Total Transfer To: $ 2,458,528 $ 682,681 599,800 100,000 1,228 107,545 27,802 83,260 288,385 567,827 Total Transfer From: $ 2,458,528 Appropriations Prior to FY 2012-13 Project # 1,300 5600000 29TH Street Water Tank Replacement 600,000 5602000 Princess Anne Rd/Kempsville Rd Intersection Improvements 5802000 Utility Crossing Condition Assessment 343,518 9,667 6028000 Comprehensive Emergency Response & Planning - Phase I 6033000 Infiltration, Inflow, and Rehabilitation - Phase 1 11,067 6038000 Sewer SCADA System Upgrade 1 ,500 5,975 6139000 Bayway Road Sewer Improvements -51% 6169000 IVR/CTI, Bill Prnt, Auto Payment Solution Design 9,235 39,266 6451000 Eigineering Services - Various Projects 334,211 6802000 Utility Crossing Condition Assessment Total Transfer From: $ 3,218,111 Various Business Areas Transfer To: 3095000 Police Integrated Public Safety RMS 8933000 Landfill #2 Expansion Transfer From: Fixed Assets (Various Closed -Out Projects) 2161000 Traffic Signal Retiming 2076000 Laskin Road Gateway 2091000 Nimmo Parkways Phases II and III 3043000 CIT -In Vehicle Mapping 3083000 CIT -System Center Configuration Management 3086000 CIT -EMS Handheld Field Reporting 3209000 CIT -Enterprise Electronic Records Management System 3346000 CIT -Automatic Vehicle Locator System $ 1,074,819 1,383,709 Total Transfer To: $ 2,458,528 $ 682,681 599,800 100,000 1,228 107,545 27,802 83,260 288,385 567,827 Total Transfer From: $ 2,458,528 Attachment D - Reductions in Non -City Funding Amount of Reduction in Appropriations Prior to Funding Project # FY 2012-13 Source Economic Vitality 9336000 Spot Blight Abatement $ 153,278 Sale of Property Total Reduction: $ 153,278 Quality Physical Environment 3503000 Lighthouse Multi -Service Center 3503000 Lighthouse Multi -Service Center 7153000 Lynnhaven Watershed Restoration 7159000 Water Quality Participation Projects 8933000 Landfill #2 Expansion Total Reduction: $ 3,361,364 $ 1,016,000 Federal Funding 900,000 Private Contributions 46,654 State Contribution 15,001 State Contribution 1,383,709 Southeastern Public Service Authority I AN ORDINANCE AUTHORIZING THE ISSUANCE OF GENERAL 2 OBLIGATION PUBLIC IMPROVEMENT BONDS OF THE CITY OF 3 VIRGINIA BEACH, VIRGINIA, IN THE MAXIMUM AMOUNT OF 4 $67,700,000 FOR VARIOUS PUBLIC FACILITIES AND GENERAL 5 IMPROVEMENTS 6 WHEREAS, the City of Virginia Beach, Virginia (the "City"), desires to authorize the issuance of general 7 obligation public improvement bonds for various purposes in the maximum amount of $67,700,000, as permitted by the City 8 Charter, without submitting the question of their issuance to the qualified voters. 9 10 WHEREAS, City Council held public hearings on the program to provide for public comment; 11 12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGIN 13 14 1. That it is hereby determined to be necessary and expedient for the City to construct and improve various he public welfare of the City and its inhabitants 15 public facilities and make general improvements, all of which will promote t 16 and will facilitate the orderly growth, development, and general welfare of the City, and to finance the costs thereof through 17 the borrowing of up to $67,700,000 and issuing the City's general obligation bonds therefor. 18 19 2. That, pursuant to the City Charter and the Public Finance Act of 1991, there are hereby authorized to be 20 issued general obligation public improvement bonds of the City in the maximum amount of $67,700,000, to provide funds, 21 together with other funds that may be available, for various public improvement projects, including School, Roadway, Coastal, 22 Economic and Tourism, and Building projects, for project activities that include, but are not limited to, the following: 23 preliminary studies and surveys, permit compliance, environmental assessment, planning, design, engineering, site 24 acquisition, relocation of residents, utility relocation, construction, renovation, expansion, repair, demolition, site 25 improvement, site work, legal services, inspection and support services, furniture and equipment, and contingencies. 26 27 3. That the bonds may be issued as a separate issue at one time or in part from time to time or combine mbined issues of public improvement bonds. 28 with bonds authorized for other purposes and sold as part of one or more co 29 30 4. That the bonds shall bear such date or dates, mature at such time or times not exceeding 40 years from in such manner and be sold at such time or times 31 their dates, bear interest, be in such denominations and form, be executed 32 and in such manner as the Council may hereafter provide by appropriate resolution or resolutions. 33remium, if an 34 5. That the bonds shall be general obligations of the City for the payment of the principal, p Y, 35 and interest on which its full faith and credit shall be irrevocably pledged. 36 37 6. That the City Clerk is directed to make a copy of this ordinance continuously available for inspection y 38 the general public during normal business hours at the City Clerk's office from the date of adoption hereof through the date 39 of the issuance of the Bonds. 40 41 7. That the City Clerk, in collaboration with the City Attorney, is authorized and directed to immediately file 42 a certified copy of this ordinance with the Clerk of the Circuit Court of the City of Virginia Beach. 43 44 8. That this ordinance shall be in full force and effective from its passage. 45 46 Adopted by the Council of the City of Virginia Beach, Virginia on this 8T" day of May, 2012. 47 48 Adoption requires the affirmative vote of two-thirds of all members of the City Council. APPROVED AS TO CONTENT: Management Services APPROVED AS TO LEGAL SUFFICIENCY: Cit ey's Office 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. 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 12 1. That it is hereby determined to be necessary and expedient for the City to continue its program of improving an 13 extending the System, which will promote the public welfare of the City and its inhabitants and will facilitate the orderly growth, 14 development, and general welfare of the City, and to finance the costs thereof through the borrowing of $27,000,000 and issuing 15 the City's revenue bonds therefore. 16 17 2. That pursuant to the City Charter and the Public Finance Act of 1991, there are hereby authorized to be issued water 18 and sewer system revenue bonds of the City in the maximum amount of $27,000,000 to provide funds, together with other 19 available funds, for financing the costs of improvements and expansions to the System. 20 21 3. That the bonds shall bear such date or dates, mature at such time or times not exceeding 40 years from their dates, 22 bear interest, be in such denominations and form, be executed in such manner and be sold at such time or times and in such 23 manner as the Council may hereafter provide by appropriate resolution or resolutions. 24 25 4. That the System is an undertaking from which the City may derive a revenue. The bonds shall be limited obligations 26 of the City, payable as to principal, premium, if any, and interest solely from the revenues derived by the City from the System, 27 and shall not be included within the otherwise authorized indebtedness of the City. The bonds shall not be deemed to create or 28 constitute an indebtedness of, or a pledge of the faith and credit of, the Commonwealth of Virginia or of any country, city, town, 29 or other political subdivision of the Commonwealth, including the City. The issuance of the bonds and the undertaking of the 30 covenants, conditions, and agreements to be contained in resolutions to be adopted or agreements to be entered into hereafter 31 shall not directly, indirectly, or contingently obligate the Commonwealth, the City, or any other political subdivision of the 32 Commonwealth to levy and collect any taxes whatsoever or make any appropriation therefore, except from the revenues pledged 33 to the payment of the principal of and premium, if any, and interest on the bonds. 34 35 5. That such resolutions to be adopted and agreements to be entered into hereafter authorizing the issuance of the 36 bonds and providing the details thereof shall contain appropriate covenants requiring the City to fix, charge, and collect such 37 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 38 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 39 the bonds as the same become due and to provide a margin of safety therefor. Such resolutions and agreements shall also 40 include such additional covenants, agreements, and other terms as are customary for the protection of the holders of water and 41 sewer revenue obligations. 42 43 6. That the City Clerk is directed to make a copy of this ordinance continuously available for inspection by the general 44 public during normal business hours at the City Clerk's office from the date of adoption hereof through the date of the issuance of 45 the bonds. 46 47 7. That the City Clerk, in collaboration with the City Attorney, is authorized and directed to immediately file a certified 48 copy of this ordinance with the Circuit Court of the City of Virginia Beach. 49 50 8. That this ordinance shall be in full force and effect from its passage. 51 52 Adopted by the Council of the City of Virginia Beach, Virginia on this 8T" day of May, 2012. 53 54 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: Cit ffice �! 1 AN ORDINANCE TO REALIGN REVENUES OF THE ROADWAYS CAPITAL 2 IMPROVEMENTS PROJECTS FROM VARIOUS SOURCES SET FORTH 3 HEREIN 4 WHEREAS, the City establishes funding sources for Roadways capital project based on initial estimates of State, 5 Federal and local sources provided by the Virginia Department of Transportation (VDOT); 6 7 WHEREAS, VDOT finalizes funding allocations in any given year after the proposed Capital Budget is finalized for 8 presentation to City Council; 9 10 WHEREAS, VDOT also adjusts revenue sources and local funding responsibility throughout the duration of a given 11 project; 12 13 WHEREAS, VDOT also adjusts the funding resources based on changes in scope, bids received, and availability of 14 annual funding; and 15 16 WHEREAS, this ordinance does not increase aggregate appropriations to date; and 17 18 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 19 20 1. That the following projects have $1,399,038 in local funding available as the projects are nearing final completion; 21 appropriations can be reduced and local revenue is necessary to provide local funding as set forth in paragraphs 6-8 22 below: $327,184 a. 2-067 Sandbridge Road Safety Improvements b. 2-073 Buckner Boulevard Extended 9,708 c. 2-074 I-264 Great Neck Ramps 396,312 d. 2-076 Laskin Road Gateway 9,625 e. 2-091 Nimmo Parkway Phases III and IV 18,704 f. 2-137 Great Neck Road IV/London Bridge Road III 419,502 g• 2-285 Traffic Safety Improvements 218,003 23 24 2. That the following projects have $3,336,344 in local funding available due to favorable bids or changes in local 25 funding requirements by VDOT; appropriations can be reduced and local revenue is necessary to provide local 26 funding as set forth in paragraphs 6-8 below: h. 2-121 Nimmo Parkway Phase V-A (VDOT) 2,078,329 i. 2-145 Wesleyan Drive 373,277 j. 2-305 Princess Anne Road — Phase IV 884,738 27 28 3. That the following projects have State funding reduced and Federal funding increased in equal amounts: 29 a. That Project 2-025 — Witchduck Road is hereby decreased by $623,100 in estimated State revenue and 30 increased by $623,100 in estimated federal revenue. 31 b. That Project 2-145 — Wesleyan Drive is hereby reduced by $7,552,910 in State revenue and increased by 32 $7,552,910 in Federal revenue. 33 C. That Project 2-152 — Elbow Road Extended — Phase II is hereby reduced by $3,644,000 in State revenue and 34 increased by $3,644,000 in Federal revenue. 35 d. That Project 2-165 — Laskin Road — Phase II is hereby reduced by $404,000 in State revenue and increased by 36 $404,000 in Federal revenue. 37 38 4. That the following projects have Federal funding reduced and State funding increased in equal amounts: 39 a. That Project 2-089 — Southeastern Parkway and Greenbelt is hereby reduced by $378,011 in Federal 40 revenue and increased by $378,011 in State funding. 41 b. That Project 2-177 — Proactive Safety Improvement Program is hereby reduced by $101,000 in Federal 42 revenue and increased by $101,000 in State revenue. 43 44 5. That Project 2-065 — Elbow Road Extended — Phase II -A is hereby reduced by $17,131 in estimated State revenue and 45 total appropriations in this project are reduced by $17,131. 46 47 6. That Project 2-039 — Computerized Traffic Signal System Upgrade and Replacement is hereby reduced by 48 $17,102,240 in estimated State revenue, increased by $10,840,370 in Federal revenue, increased by $1,314,307 49 supported by an appropriation of Interest on Bank Deposits, $1,399,038 in local revenue from the projects above, 50 and the appropriation reduced by $3,548,525. 51 52 7. That Project 2-048 — Princess Anne Road/Kempsville Road Intersection Improvements is hereby reduced by 53 $38,688,855 in State revenue, increased by $37,054,000 in Federal revenue and $1,634,855 in local revenue. S4 55 8. That Project 2-178 — Highway Safety Improvement Program is hereby reduced by $2,662,569 in Federal revenue, 56 increased by $67,095 in State revenue, increased by $1,701,489 in local revenue, and the appropriation reduced by 57 $893,985. 58 59 9. That this ordinance shall be in effect from the date of its adoption. 60 61 Adopted by the City Council of the City of Virginia Beach, Virginia on this 8T" day of May, 2012. 62 63 Requires an affirmative vote of the majority of City Council. APPROVED AS TO CONTENT: Management Services APPROVED AS TO LEGAL SUFFICIENCY: City-. e Office SKU EF .� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Sections 16-12.2, 16-12.4 and 16-12.9 of the City Code Pertaining to Enforcement of Residential Rental Inspection Districts MEETING DATE: May 8, 2012 ■ Background: The Code Enforcement Division (CED) of the Department of Housing and Neighborhood Preservation (DHNP) is responsible for conducting rental inspections on residential rental dwellings located within the city's rental inspection districts and for enforcing applicable code sections. There has been an issue about the ability of the Department to enforce the Ordinance, mainly because of a typographical error in the ordinance. To clarify this issue, three amendments have been proposed. ■ Considerations: To clarify the provisions of the Ordinance and provide more uniform enforcement, these amendments will: 1. Define terms that apply to the ordinance; 2. Add a specific section that states a Certificate of Compliance is required; and 3. Correct an error with an improperly cited code section. ■ Public Information: Public information will be coordinated through the regular Council agenda notification process. ■ Recommendations: Approval of the attached ordinance to provide clarification on enforcement. ■ Attachments: Ordinance Recommended Action: Approval n Submitting Department/Agency: Depait of Housing and Neighborhood Preservation City Manager: 1 2 3 4 5 6 7 8 9 10 11 AN ORDINANCE TO AMEND SECTION 16- 12.2, 16-12.4 AND 16-12.9 OF THE CITY CODE PERTAINING TO ENFORCEMENT OF RESIDENTIAL RENTAL INSPECTION DISTRICTS Sections Amended: §§ 16-12.2, 16-12.4 & 16- 12.9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 12 BEACH, VIRGINIA: 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 That Sections 16-12.2, 16-12.4 and 16-12.9 of the Code of the City of Virginia Beach, Virginia, are hereby amended and reordained to read as follows: ARTICLE I. - IN GENERAL Sec. 16-12.2. - Applicability. (a) The provisions of this article shall apply to residential rental dwelling units located within the districts designated by the city council pursuant to section 16-12.1(a) and to such other individual residential rental dwelling units as the city council may designate pursuant to section 16-12.1(b). The following definitions shall apply to the sections regarding residential rental dwelling units and certificates: Dwelling unit is a building or structure or part thereof that is used for a home or residence by one or more persons who maintain a household. Owner is the person shown on the current real estate assessment books or current real estate assessment records. (3) Residential rental dwelling unit is a dwelling unit that is leased or rented to one or more tenants. However, a dwelling unit occupied in part by the owner thereof shall not be construed to be a residential rental dwelling unit unless a tenant occupies a part of the dwelling unit which has its own cooking and sleeping areas and a bathroom. COMMENT The addition of these definitions from Virginia Code Section 36-105.1:1 will add further clarification to the ordinance. 45 46 Sec. 16-12.3. - Notification. 47 48 (a) After the designation of a rental inspection district or the designation of an 49 individual residential rental dwelling unit, the code enforcement administrator shall make 50 reasonable efforts to notify all owners of residential rental dwelling units located within 51 the designated rental inspection districts and to the owners of individual residential 52 rental dwelling units so designated, or their managing agents, of the adoption of the 53 designation ordinance. Such notification shall also include information concerning, and 54 an explanation of, the provisions of this article and the responsibilities of the owner 55 pursuant to such provisions. No initial inspection of any residential rental dwelling unit 56 shall be conducted until written notice of such inspection has been provided to the 57 owner of such unit. The mailing of said notice by the code enforcement administrator 58 shall be deemed sufficient notice for purposes of authorizing initial inspections pursuant 59 to this article 60 61 (b) The owner of any residential rental dwelling unit located within an 62 inspection district shall, no later than sixty (60) days after the date of adoption of the 63 ordinance, notify the code enforcement administrator in writing of any property that is 64 used as a residential rental dwelling unit. Such notice and information shall be 65 submitted on a form provided by the code enforcement administrator. Any owner who 66 willfully fails to comply with the requirements of this subsection after having been given 67 notice pursuant to subsection (a) hereof shall be subject to a civil penalty in the amount 68 of fifty dollars ($50.00). Such civil penalty shall be in lieu of all other penalties. 69 70 COMMENT 71 72 There are no substantive changes to this section. It is included for reference only. 73 74 Sec. 16-12.4. - Inspection and certificate required. 75 76 (a) Initial inspection. The code enforcement administrator may, in conjunction 77 with written notification pursuant to section 16-12.3, inspect the dwelling units in the 78 designated rental inspection districts to determine whether the units are used as 79 residential rental property and whether such units are in compliance with the provisions 80 of the Uniform Statewide Building Code that affect the safe, decent and sanitary living 81 conditions for the tenants of such property. 82 83 (b) Periodic inspections. Following the initial inspection of a residential rental 84 dwelling unit, the code enforcement administrator may inspect any residential rental 85 dwelling unit in a rental inspection district that is not otherwise exempted a maximum of 86 once per calendar year. 87 88 (c) Follow-up inspections Upon the initial or periodic inspection of a 89 residential rental dwelling unit, the code enforcement administrator may require the 90 owner of the dwelling unit to submit to such follow-up inspections of the dwelling unit as 91 the code enforcement administrator deems necessary, until such time as the dwelling 92 unit is brought into compliance with the provisions of the Uniform Statewide Building 93 Code that affect the safe, decent and sanitary living conditions for the tenants. 94 95 (d) Certificate. All residential rental dwelling units located within the 96 residential rental districts established by City Council shall be required to obtain a 97 certificate indicating that the residential rental dwelling unit is in compliance with the 98 requirements of this ordinance and the Uniform Statewide Building Code. 99 100 COMMENT 101 102 The addition of paragraph (d) adds clarification that a certificate is required for all residential 103 rental properties in the district. 104 105 .... 106 107 Sec. 16-12.9. - Violation; penalty. 108 109 Except as provided in section 16 12.4 16-12.3, any person failing to comply with 110 the requirements of this article shall be subject to the penalties established in section 111 16-11, provided, however, that the code enforcement administrator may take such 112 further and additional action as is allowed by law in order to obtain compliance with the 113 requirements of this article. 114 115 COMMENT 116 117 This amendment corrects a typo that should have read section 16-12.3 where the penalty for 118 noncompliance with registering rental properties is a $50 fine. The violation for not getting a 119 certificate should be found in section 16-11. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2012. APPROVED AS TO CONTENT: f n Hou 4 i �anidlt4e"ig h b—o rh ood CA12213 R-3 March 26, 2012 APPROVED AS TO LEGAL SUFFICIENCY: L i City Attorney's Office . s CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Section 23-58 of the City Code Pertaining to Commercial Parking Lots MEETING DATE: May 8, 2012 ■ Background: Section 23-58(f)(6) of the City Code requires commercial parking lots to maintain at least one parking lot attendant on the premises during all hours of operation, and for one-half hour after closing or until the last vehicle has exited the lot. The purpose of this code section is to have an attendant on site to address behavioral issues in commercial parking lots, and to ensure vehicles exit the commercial parking lots prior to closing and locking the lots. ■ Considerations: The Resort Advisory Commission ("RAC') voted unanimiously to revise Section 23-58 (f)(6) to require parking lot attendants in commercial parking lots only from dusk until one-half hour after closing, or until the last vehicle has exited the lot. The RAC believes that the majority of behavioral issues occur during the evening hours. The RAC further believes that the elimination of commercial parking lot attendants during the daylight hours poses minimal safety concerns. This code change would allow commercial parking lot operators to utilize automated control systems during the daytime hours. IN Public Information: Additional public information will be handled through the normal agenda process. ■ Recommendations: Adopt Ordinance ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Strategic Growth Area Office o City Manager:Q" �_ ` 1 AN ORDINANCE TO AMEND SECTION 23-58 2 OF THE CITY CODE PERTAINING TO 3 COMMERCIAL PARKING LOTS 4 5 SECTION AMENDED: § 23-58 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 10 That Section 23-58 of the Code of the City of Virginia Beach, Virginia, is hereby 11 amended and reordained to read as follows: 12 13 Sec. 23-58. - Commercial parking lots. 14 (a) For purposes of this section, the term "commercial parking lot" means any lot, 15 or portion thereof, used for the parking of motor vehicles for a fee or other 16 consideration, but not including parking garages or similar structures. The provisions of 17 this section shall apply to all commercial parking lots located in any Resort Tourist 18 Zoning District. 19 (b) It shall be unlawful and a misdemeanor punishable by a fine of not less than 20 one hundred dollars ($100.00) nor more than one thousand dollars ($1,000.00) for any 21 person, firm, corporation or other entity to operate a commercial parking lot in violation 22 of any of the provisions of this section. Each day that a violation continues shall 23 constitute a separate offense. In addition to any fine imposed hereunder, and not in lieu 24 thereof, the continuing violation of any of the provisions of this section may be enjoined 25 or restrained by injunction. 26 (c) Application for a permit required by this section shall be made to the city 27 manager or his designee. Each application shall set forth the name and address of the 28 applicant and, if different, the name and address of the owner of the property upon 29 which the proposed commercial parking lot is to be located, and shall be accompanied 30 by: 31 (1) A nonrefundable fee of one hundred dollars ($100.00); 32 (2) An approved site plan prepared in accordance with the Site Plan Ordinance 33 and showing all elements required by this section; and 34 (3) A sign plan showing the design, size, color and materials of all signs to be 35 located on the lot. 36 (d) Upon approval of an application, the permittee shall be issued a self-adhesive 37 sticker which shall serve as the permit and shall be affixed to one (1) of the entrance 38 signs required by subsection (i) of this section. 39 (e) It shall be a condition of every permit issued hereunder that the city or its 40 agents shall have the authority to enter upon the commercial parking lot and perform 41 any acts required to bring the property into compliance with the provisions of this 42 section in the event the owner or operator, after being given notice of, and a reasonable 43 opportunity to correct, any condition of noncompliance shall fail to do so. 44 (f) Commercial parking lots shall at all times, whether or not they are in operation: 45 (1) Have a paved surface, inclusive of all drive aisles, which meets the 46 requirements of the Specifications and Standards of the Department of Public 47 Works and the Site Plan Ordinance; provided, that any commercial parking lot in 48 operation as of July 1, 2002 shall not be required to provide curbing so long as 49 wheel stops composed of concrete or asphalt are provided and maintained in good 50 condition and repair at all times; 51 (2) Contain perimeter landscaping meeting the requirements of section 5A of the 52 Parking Lot Landscaping Specifications and Standards where adjacent to any 53 public right-of-way or other publicly -owned property. The perimeter may also be 54 enclosed by fencing meeting the requirements for fences set forth in section 201(e) 55 of the City Zoning Ordinance; provided, however, that such fencing shall not 56 exceed four (4) feet in height and shall consist of materials, such as black vinyl - 57 coated chain link, white vinyl picket or black wrought iron, which are generally 58 recognized within the industry as maintenance -free. Wood split -rail fences shall not 59 be permitted. Such fencing and landscaping shall at all times be maintained in 60 good condition and repair; 61 (3) Where such lot is greater than twenty-four thousand (24,000) square feet in 62 area, contain additional landscaping, which may consist of city -approved plant 63 containers, located at the end of all parking aisles not adjacent to a public right -of - 64 way or other publicly -owned property and which shall be maintained in good 65 condition and repair at all times; 66 (4) Be secured at all points of ingress and egress by a gate, consisting of 67 materials, such as black vinyl -coated chain link, white vinyl picket or black wrought 68 iron, which are generally recognized within the industry as maintenance -free, 69 except during hours of operation; 70 (5) Contain no less than one (1) trash receptacle, plainly visible and marked as 71 such, for every three thousand five hundred (3,500) square feet of lot area or 72 fraction thereof; 73 (6) Have upon the premises, &Fing all hGUF6 of ope and f9F from dusk until 74 one-half hour after closing or until the last vehicle has exited the lot, whichever is 75 earlier, at least one (1) attendant. If any type of shelter is provided for attendants, 76 such shelter shall at all times be maintained in good condition and repair; 77 (7) Be maintained in a clean and orderly condition at all times. All trash 78 receptacles shall be emptied and the contents thereof properly disposed of at the 79 close of operation daily and at such other times as receptacles become full; and 80 (8) Be in compliance with all other applicable requirements of federal, state and 81 local law including, without limitation, the handicapped parking space requirements 82 of the Americans With Disabilities Act. 83 (g) Notwithstanding the provisions of any other ordinance or regulation, 84 commercial parking lots shall have one (1) sign, not exceeding nine (9) square feet in 85 surface area per face, at each principal entrance. Each entrance sign shall contain the 86 name of the establishment, if any, and times of operation and shall otherwise comply 87 with all applicable city sign regulations and specifications for public signs in the Resort 88 Area. Entrance signs may contain removable numbers for purposes of displaying rates. 89 The square footage of such entrance signs shall not be counted against the maximum 90 square footage allowed for commercial signs under the City Zoning Ordinance. 91 (h) Commercial parking lots shall be subject to inspection by the city manager or 92 his designee for purposes of determining compliance with the provisions of this section, 93 and no person shall obstruct or interfere with such personnel as are authorized by the 94 city manager to enforce this section in the lawful discharge of their duties. 95 (i) During the period from April 1 to September 30, inclusive, except where a 96 commercial parking lot is accessory to a business which remains open after 2:00 a.m., 97 is used solely by patrons of such business, and is supervised by the operator of such 98 business, no vehicle shall be permitted to enter any commercial parking lot after 2:00 99 a.m.. All such lots shall be secured at all points of ingress and egress, as required by 100 subdivision (3) of subsection (f) hereof, by no later than 2:30 a.m. and shall remain 101 closed until no earlier than 5:00 a.m. 102 (j) The provisions of this section shall be deemed to be severable, and if any of 103 the provisions hereof are adjudged to be invalid or unenforceable, the remainder of this 104 section shall remain in full force and effect and its validity shall remain unimpaired. 105 (k) The city manager or his designee is authorized, upon application by the owner 106 of a commercial parking lot, to grant a variance from the provisions of this section when: 107 (1) Strict application of the provisions of this section will effectively prohibit or 108 unreasonably restrict the use of the property. For purposes of this section, it shall 109 be presumed that the loss of ten (10) percent or more of existing parking spaces 110 meeting the dimensional requirements of section 203 of the City Zoning Ordinance 111 by reason of the application of the landscaping requirements set forth in subsection 112 (f)(2) of this section shall constitute an unreasonable restriction upon the use of the 113 property; or 114 (2) The granting of such variance will alleviate a clearly demonstrable hardship 115 approaching confiscation, as distinguished from a special privilege. 116 In granting a variance, the city manager or his designee may impose such conditions as 117 may be necessary in the public interest; provided, however, that the city manager or his 118 designee shall not grant a variance from any condition or requirement of a conditional 119 use permit granted by the city council. 120 Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2012. APPROVED AS TO CONTENT Strategic Growth Area Office CA12245 R-1 April 2, 2012 APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office i� ssS CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the Acquisition of an Agricultural Land Preservation Easement and the Issuance by the City of its Contract Obligations in the Maximum Amount of $184,652 (Property of Barry D. Knight and Paula W. Knight) MEETING DATE: May 8, 2012 ■ Background: In May, 1995, the Agricultural Lands Preservation Ordinance (the "Ordinance") was adopted by the City Council for the purpose of promoting and encouraging the preservation of farmland in the rural southern portion of the City. Under the Agricultural Reserve Program established by the Ordinance, the City purchases the development rights of eligible parcels of land, leaving the fee simple ownership of the land unchanged. These purchases are embodied by perpetual agricultural land preservation easements pursuant to which only agricultural uses, as defined in the Ordinance, are allowed on the land. The subject property has been appraised by an independent appraiser retained by the City. The appraiser has determined the fair market value of the property, based upon twelve (12) comparable sales. From the fair market value, the value of the development rights has been determined by subtracting $1,800 per acre, which has previously been established as the farm value (i.e., value of the land restricted to agricultural uses) for land throughout the southern rural area of the City. The resulting amount is the value of the development rights of the property. All offers by the City to purchase the development rights to property are expressly made contingent upon the absence of any title defects or other conditions which, in the opinion of the City Attorney, may adversely affect the City, s interests, and other standard contingencies. ■ Considerations: The subject property consists of three (3) parcels of land having approximately 27.79 acres outside of marshland or swampland. It is owned by Barry D. Knight and Paula W. Knight. Under current development regulations, there is a total development potential of two (2) single-family dwelling building sites, none (0) of which will be reserved for future development as a 3 acre building site. Property owners are no longer required to designate the location of the area reserved for future building sites, but are required to subdivide such sites prior to building on them. The site, which is shown on the attached Location Map, is located on the north side of Head of River Road, in the District of Princess Anne. The Knights established a twenty (20) foot wide ingress, egress, utility and maintenance easement ("ingress/egress easement") from Head of River Road to their property lying in Chesapeake. The ingress/egress easement encompasses approximately 0.23 acres outside of marshland or swampland. The purchase price reflects the reduction in value for the ingress/egress easement. 2 The proposed purchase price for the remaining 27.56 acres, as stated in the ordinance, is $184,652. This price is the equivalent of approximately $6,700 per acre of easement acquired. The terms of the proposed acquisition are that the City would pay interest only for a period of 25 years, with the principal amount being due and payable 25 years from the date of closing. The interest rate to be paid by the City will be the greater of 2.0500% per annum or the per annum rate which is equal to the yield on U.S. Treasury STRIPS purchased by the City to fund its principal obligation under the Installment Purchase Agreement, not to exceed 5.0500% without the further approval of the City Council. The proposed terms and conditions of the purchase of the Development Rights pursuant to the Installment Purchase Agreement, including the purchase price and manner of payment, are fair and reasonable and in furtherance of the purposes of the Ordinance. ■ Public Information: The ordinance has been advertised by publication in a newspaper having general circulation in the City once per week for two successive weeks. ■ Alternatives: The City Council may decline to purchase the development rights to the property. ■ Recommendations: Adoption of the ordinance and acquisition of the development rights, assuming all contingencies are met. ■ Attachments: Ordinance; Summary of Material Terms of Installment Purchase Agreement (full Agreement is on file in the City Attorney, s Office); area map showing location of property. Recommended Action: Adoption Submitting Department/Agency: Agriculture Department City Manager: k , 1 AN ORDINANCE AUTHORIZING THE ACQUISITION OF AN 2 AGRICULTURAL LAND PRESERVATION EASEMENT AND 3 THE ISSUANCE BY THE CITY OF ITS CONTRACT 4 OBLIGATIONS IN THE MAXIMUM PRINCIPAL AMOUNT OF 5 $184,652. (PROPERTY OF BARRY D. KNIGHT AND PAULA 6 W. KNIGHT) 7 8 WHEREAS, pursuant to the Agricultural Lands Preservation Ordinance (the 9 "Ordinance"), Appendix J of the Code of the City of Virginia Beach, there has been 10 presented to the City Council a request for approval of an Installment Purchase Agreement 11 (the form and standard provisions of which have been previously approved by the City 12 Council, a summary of the material terms of which is hereto attached, and a true copy of 13 which is on file in the City Attorney's Office) for the acquisition of the Development Rights 14 (as defined in the Installment Purchase Agreement) on certain property located in the City 15 and more fully described in Exhibit B of the Installment Purchase Agreement for a 16 purchase price of $184,652; and 17 18 WHEREAS, the aforesaid Development Rights shall be acquired through the 19 acquisition of a perpetual agricultural land preservation easement, as defined in, and in 20 compliance with, the requirements of the Ordinance; and 21 22 WHEREAS, the City Council has reviewed the proposed terms and conditions of the 23 purchase as evidenced by the Installment Purchase Agreement; 24 25 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 26 VIRGINIA BEACH, VIRGINIA: 27 28 1. The City Council hereby determines and finds that the proposed terms and 29 conditions of the purchase of the Development Rights pursuant to the Installment Purchase 30 Agreement, including the purchase price and manner of payment, are fair and reasonable 31 and in furtherance of the purposes of the Ordinance, and the City Manager or his designee 32 is hereby authorized to approve, upon or before the execution and delivery of the 33 Installment Purchase Agreement, the rate of interest to accrue on the unpaid principal 34 balance of the purchase price set forth hereinabove as the greater of 2.0500% per annum 35 or the per annum rate which is equal to the yield on United States Treasury STRIPS 36 purchased by the City to fund such unpaid principal balance; provided, however, that such 37 rate of interest shall not exceed 5.0500% unless the approval of the City Council by 38 resolution duly adopted is first obtained. 39 40 2. The City Council hereby further determines that funding is available for the 41 acquisition of the Development Rights pursuant to the Installment Purchase Agreement on 42 the terms and conditions set forth therein. 43 44 3. The City Council hereby expressly approves the Installment Purchase 45 Agreement and, subject to the determination of the City Attorney that there are no defects 46 in title to the property or other restrictions or encumbrances thereon which may, in the 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 opinion of the City Attorney, adversely affect the City's interests, authorizes the City Manager or his designee to execute and deliver the Installment Purchase Agreement in substantially the same form and substance as approved hereby with such minor modifications, insertions, completions or omissions which do not materially alter the purchase price or manner of payment, as the City Manager or his designee shall approve. The City Council further directs the City Clerk to affix the seal of the City to, and attest same on, the Installment Purchase Agreement. The City Council expressly authorizes the incurrence of the indebtedness represented by the issuance and delivery of the Installment Purchase Agreement. 4. The City Council hereby elects to issue the indebtedness under the Charter of the City rather than pursuant to the Public Finance Act of 1991 and hereby constitutes the indebtedness a contractual obligation bearing the full faith and credit of the City. Adoption requires an affirmative vote of a majority of all members of the City Council. Adopted by the Council of the City of Virginia Beach, Virginia, on this day of , 2012. CA12159 \\vbgov.com\DFS1\ Applications\CityLawProd\cycom32\Wpdocs\D019\P012\00015923. DOC R-1 DATE: April 23, 2012 APPROVED AS TO CONTENT: o� Agriculture Department APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CERTIFIED AS TO AVAILABILITY OF FUNDS: C, fl� QiA Director of Finance F, AGRICULTURAL RESERVE PROGRAM INSTALLMENT PURCHASE AGREEMENT NO. 2011-120 SUMMARY OF MATERIAL TERMS SELLER: KNIGHT, Barry D. and KNIGHT, Paula W. PROPERTY LOCATION: North Side of Head of River Road, Princess Anne District PURCHASE PRICE: $184,652 EASEMENT AREA: 27.56 acres, more or less DEVELOPMENT POTENTIAL: 2 single-family dwelling sites (2 acquired) DURATION: Perpetual INTEREST RATE: Equal to yield on U.S. Treasury STRIPS acquired by City to fund purchase price, but not less than 2.0500% (actual rate to be determined when STRIPS are purchased prior to execution of IPA). Rate may not exceed 5.0500% without approval of City Council. TERMS: Interest only twice per year for 25 years, with payment of principal due 25 years from IPA date RESTRICTIONS ON TRANSFER: IPA ownership may not be transferred (except for Estate Settlement Transfer) for one (1) year following execution and delivery of IPA. C0 LO ti N mold L coco 4-- O N 2 A � tl4n nN � CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a Lease for One (1) Year, with Four (4) One -Year Renewal Options, for City -Owned Property Located at the Intersection of 2nd Street and Atlantic Avenue MEETING DATE: May 8, 2012 ■ Background: The City of Virginia Beach (the "City") owns two (2) parcels of land consisting of approximately 15,000 sq. ft. (0.34 acre) located at the intersection of 2nd Street and Atlantic Avenue (GPINs: 2427-32-3003 and 2427- 31-3918) (collectively, the "Property"). C.B.M., Co. (t/a Schooner Inn) ("Schooner") has been leasing the Property since 2007 and desires to continue leasing the Property for the purpose of hotel guest and special event parking as necessary. ■ Considerations: This lease would be for a term of one (1) year, with four (4) one-year renewal options. Schooner has agreed to pay the City $2,532 per month ($30,384 annually). The City has the right to terminate the lease upon ninety (90) days' written notice. See attached Summary of Terms for more specific terms. ■ Public Information: Advertisement of Public Hearing. Advertisement of City Council Agenda. ■ Alternatives: Approve terms of the lease Agreement as presented, change terms of the lease agreement or deny leasing the Property. ■ Recommendations: Approval ■ Attachments: Ordinance Summary of Terms Location Map Recommended Action: Approval Submitting Department/Agency: Public oks acti/e s�ana ement City Manager: S 1c 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR ONE (1) 3 YEAR, WITH FOUR (4) ONE-YEAR RENEWAL 4 OPTIONS, FOR CITY -OWNED PROPERTY 5 LOCATED AT THE INTERSECTION OF 2ND STREET 6 AND ATLANTIC AVENUE 8 WHEREAS, the City of Virginia Beach (the "City") is the owner of two (2) 9 parcels of land totaling approximately 15,000 sq. ft. (0.34 acre), located at the 10 intersection of 2"d Street and Atlantic Avenue (GPINs: 2427-32-3003 and 2427-31- 11 3918) (collectively, the "Property"); 12 13 WHEREAS, C.B.M. Co. (t/a Schooner Inn), a Virginia corporation 14 ("Schooner") has leased the Property from the City since 2007, and desires to 15 continue leasing the Property; 16 17 WHEREAS, Schooner desires to enter into a new lease agreement for the 18 Property for a term of one (1) year, with four (4) one-year renewal options; 19 20 WHEREAS, Schooner has agreed to pay the City $2,532 per month ($30,384 21 annually) for the use of the Property for the initial term, with a three percent (3%) 22 escalation each year thereafter; and 23 24 WHEREAS, the Property would continue to be utilized for hotel guest parking, 25 and may be sublet only with the written consent of the City. 26 27 THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 28 VIRGINIA BEACH, VIRGINIA: 29 30 That the City Manager is hereby authorized to execute a lease for the term of 31 one (1) year, with four (4) one-year renewal options, between C.B.M. Co. (t/a 32 Schooner Inn) and the City for the Property in accordance with the Summary of 33 Terms attached hereto, and made a part hereof, and such other terms, conditions or 34 modifications deemed necessary and sufficient by the City Manager and in a form 35 deemed satisfactory by the City Attorney. 36 37 Adopted by the Council of the City of Virginia Beach, Virginia on the 38 day of , 2012. APPROVED AS TO LEGAL APPROVED AS TO CONTENT SUFFICIENCY AND FORM City Attorney Public W rks / Fa ities Management CA12139 \\vbgov.com\DFS1 W pplications\CityLawProd\cycom32\W pdocs\D031 \P006\00004471.DOC R-1 April 24, 2012 EXHIBIT A SUMMARY OF TERMS LEASE OF CITY -OWNED PROPERTY LOCATED AT 2ND STREET AND ATLANTIC AVENUE LESSOR: City of Virginia Beach (the "City") LESSEE: C.B.M. Co. (t/a Schooner Inn) PREMISES: Approximately 15,000 sq. ft. (0.34 acre) of City -owned property located at the intersection of 2nd Street and Atlantic Avenue. TERM: May 1, 2012 through April 30, 2013, with four (4) one-year renewal options (the "Term"). RENT: $2,532 per month ($30,384 annually) for the first year and escalated by three percent (3%) each year thereafter. RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use the Premises solely for parking for registered guests of Schooner Inn; any assignment or sublease must be approved in writing by the City. • Keep, repair, and maintain the Premises, at its sole expense, in a safe, clean and orderly condition. • Maintain commercial general liability insurance coverage with policy limits of not less than one million dollars ($1,000,000) combined single limits per occurrence. • Assume full responsibility and liability for any and all damages to persons or property caused by any act or omission of the Lessee or its agents, etc. associated with the use of the Premises. • Comply with all applicable laws, ordinances, and regulations in the performance of its obligations under the Lease. RIGHTS AND RESPONSIBILITIES OF LESSOR: Access to the Premises at any time, without prior notice, in the event of an emergency. • The right to require Lessee to surrender possession and control of the Premises to the City upon forty-eight (48) hours' written notice, if needed for a public purpose. TERMINATION: 0 The City may terminate the Lease for any reason upon ninety (90) days' written notice. %i� 1 11 1., C%. t4 C4 O 0 00 rpstt'� May CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution in Support of a Grant Application to the Virginia Department of Conservation and Recreation for a Recreational Trails Program Grant MEETING DATE: May 8, 2012 ■ Background: The City's Outdoors Plan recommended that the City acquire the Lake Lawson / Lake Smith Natural Area for a future public park. The 41.5 acre site in three parcels south of Northampton Boulevard was acquired from the City of Norfolk which retains rights to use the lakes as reservoirs. The Virginia Department of Conservation and Recreation (DCR) administers the Recreational Trails Program (RTP), which awards grants to localities and organizations for the development of recreational trails for public use. Virginia Beach Department of Parks & Recreation, Division of Planning, Design and Development has prepared a master plan that includes woodland trails, and the City has applied to DCR for RTP funds to help build a network of trails, including one bridge. ■ Considerations: The RTP is a federal reimbursement program that requires an 80/20 percentage cost split, with the 20% coming from the locality. Before funding a project, DCR requires a resolution from City Council supporting the project, stating who is authorized to enter into agreements on behalf of the City, and acknowledging that RTP is a locally -administered reimbursement program. The Lake Lawson / Lake Smith Natural Area project is estimated to cost $378,957. The grant request is for $189,400, which is about 50% of the total. The City has set aside the funds in CIP# 4-306, "Open Space Park Development and Maintenance, Phase 2" for the local match and the remainder of funding required for this project. ■ Public Information: A public information meeting and design workshop was held November 4, 2009 to introduce the project, show preliminary design concepts and gain crucial feedback from the public. A second public meeting was held February 24, 2010 to share with the public the status of Master Plan and to listen to their responses to the design. ■ Attachments: Resolution; Map Recommended Action: Adoption Submitting Department/Ag ncy: Parks and Recreation City Manager. 1 1 A RESOLUTION IN SUPPORT OF A GRANT 2 APPLICATION TO THE VIRGINIA DEPARTMENT OF 3 CONSERVATION AND RECREATION FOR A 4 RECREATIONAL TRAILS PROGRAM GRANT 5 6 WHEREAS, a system of trails provides recreational opportunities that enhance 7 the general health and welfare of the citizens of the City of Virginia Beach; and 8 9 WHEREAS, the Virginia Beach Department of Parks and Recreation has 10 identified a possible site for a recreational trail in the Lake Lawson / Lake Smith Natural 11 Area; and 12 13 WHEREAS, the Virginia Department of Conservation and Recreation administers 14 state and federal program funds through the Virginia Recreational Trails Program; and 15 16 WHEREAS, any approved Recreational Trails program must comply with 17 applicable federal and state laws, including the National Environmental Policy Act 18 ("NEPA"), the Endangered Species Act, and the Historic Preservation Act; and 19 20 WHEREAS, the Recreational Trails Program provides grants of not less than 21 $25,000 and no more than $200,000, which are administered as reimbursement for 22 project purchases; and 23 24 WHEREAS, the Recreational Trails Program requires grant recipients to provide 25 local funding of at least 20% of project costs and a commitment that the project be 26 completed within three years of the grant award; and 27 28 WHEREAS, as required by NEPA, a public comment period for this project was 29 completed as part of the master planning process in November 2009 and February 30 2010; and 31 32 WHEREAS, if the grant application is approved, the required local match would 33 be provided by funds in CIP #4-306, "Open Space Park Development and Maintenance, 34 Phase 2." 35 36 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 37 VIRGINIA BEACH, VIRGINIA, THAT: 38 39 1. The Council of the City of Virginia Beach supports an application to the Virginia 40 Department of Conservation and Recreation for the development of a trails 41 project in the Lake Lawson / Lake Smith Natural Area. 42 43 2. The Council of the City of Virginia Beach acknowledges that if the grant 44 application is approved, the project will require local funding of 20% of project 45 costs and a commitment that the project be completed within three years of the 46 grant award. 47 48 49 50 51 52 53 54 3. The City Manager or his authorized designee is authorized to enter into an agreement on behalf of the City in furtherance of the purpose of this Resolution after review of such agreement for legal sufficiency by the Office of the City Attorney. Adopted by the City Council of the City of Virginia Beach, Virginia, this day of , 2012. APPROVED AS/TO CONTENT: on APPROVED AS TO LEGAL SUFFICIENCY: Cit or 's Office CA12254 R-1 April 12, 2012 APPROVED AS TO CONTENT: Managerrgnt S,6rvices i MME— F IN C 'C� Rt Ll BE'yyh CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Grant Funds to the FY 2012 Operating Budget of the Department of Housing and Neighborhood Preservation for Emergency Homeless Assistance MEETING DATE: May 8, 2012 ■ Background: The U.S. Department of Housing and Urban Development ("HUD") has provided a new allocation of Federal funds for emergency assistance for homelessness to cities around the country. Virginia Beach's portion of this funding is $60,193. On April 10th, City Council approved the required first step in utilization of those funds by amending the City's Citizen Participation Plan. Now that the amount has been set, the funds will be available for appropriation by City Council. To fulfill the requirements of this grant, the Department of Housing and Neighborhood Preservation ("DHNP") plans to enter into one or more contracts with local not-for-profit organizations that provide assistance to the homeless population and those that are in danger of becoming homeless. ■ Considerations: The attached ordinance is required to allow the use of these new funds. There is local match required. DHNP will provide documentation for this match in the manner and form required by HUD to meet federal regulations. ■ Public Information: This item will be advertised through the normal Council agenda process. Additionally, an advertisement notifying the public of this proposed change to the City's Citizen Participation Plan appeared in the Beacon on April 5, 2012. This action was also discussed at a public meeting with the Virginia Beach continuum of care organization - VBHARP, as required by regulation, on March 21, 2012. ■ Attachment: Ordinance Recommended Action: Approval Submitting Department: Departure using and Neighborhood Preservation City Manager: S �' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT FUNDS TO THE FY 2012 OPERATING BUDGET OF THE DEPARTMENT OF HOUSING AND NEIGHBORHOOD PRESERVATION FOR EMERGENCY HOMELESS ASSISTANCE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That $60,193 is hereby accepted from the U.S. Department of Housing and Urban Development and appropriated, with federal revenues increased accordingly, to the FY 2012 Operating Budget of the Department of Housing and Neighborhood Preservation to provide assistance for the homeless population and those that are in danger of becoming homeless; and 2. That the Department of Housing and Neighborhood Preservation shall provide the required documentation for the local match as needed and appropriate under federal regulations. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 12012. Requires an affirmative vote of a majority of all of the members of City Council. APPROVED AS TO CONTENT: 'i Manag'emenf Services CA12258 R-2 May 2, 2012 APPROVED AS TO LEGAL CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate $606,500 in Fund Balance from the School Site Landscaping Internal Service Fund to the FY 2012 Operating Budget of the Department of Parks and Recreation MEETING DATE: May 8, 2012 ■ Background: The City provides landscape services for 93 school sites through the School Site Landscaping Internal Service Fund. This fund accumulates year-end fund balance primarily due to personnel vacancies. The Landscape Management Administrator has requested, and the School Administration supports, the use of $606,500 from the fund balance of this internal service fund for one-time projects listed below. A further description of the projects is provided in the attached memorandum from the Landscape Management Administrator. ■ Considerations: The following projects have been approved by the School Administration and will address deteriorating conditions at various school sites: • Playground Safety Improvements (surfacing removal and replacement) at 10 sites ($151,500); • Relocation and replacement of playground and equipment at Cooke Elementary ($50,000); • Replacement of basketball stanchions and backstops at various schools ($75,000); and • Drainage improvements and pond shoreline reconstruction at Larkspur Middle School ($330,000). ■ Public Information: Public information will be coordinated through the normal City Council agenda process. ■ Recommendations: Approve the attached ordinance. ■ Attachments: Ordinance; Memorandum from the Landscape Management Administrator detailing the proposed projects; and Memorandum of Support of the Use of Funds from School Administration. A Recommended Action: Approval ` Submitting Department: Parks and Recreation/L ndscape Management Division City Manager 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 AN ORDINANCE TO APPROPRIATE $606,500 IN FUND BALANCE FROM THE SCHOOL SITE LANDSCAPING INTERNAL SERVICE FUND TO THE FY 2012 OPERATING BUDGET OF THE DEPARTMENT OF PARKS AND RECREATION BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $606,500 in fund balance from the School Site Landscaping Internal Service Fund is hereby appropriated, with local revenue increased accordingly, to the FY 2012 Operating Budget of the Department of Parks and Recreation to fund one-time expenses approved by the School Administration. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2012. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: �..Y)eA Management Services CA12255 R-1 April 17, 2012 APPROVED AS TO LEGAL SUFFICIENCY: r OitSr o, J ce r IRGINIA BEACH CITY PUBLIC SCHOOLS A H E A D O F T H E C U R V E RErV BAR 3 0 2012 MEMORANDUM Dale R. Holt Assistant Superintendent Administrative Support Services TO: Frank Fentress, Administrator Landscape Management FROM: Dale R. Holt, Assistant Superintendent Department of Administrative Support Services SUBJECT: 613 Internal Service Fund Net Assets for FY 2011-12 DATE: March 27, 2012 We authorized the amount of $606,500 in the 613 Internal Service Fund for the replacement of equipment, playground replacement and surfacing removal. We support the use of the Internal Service Fund Net Assets for these projects and we ask.that you proceed to transfer the funds. Please contact me should you have any questions and/or concerns. cc: Dr. Sheila S. Magula, Deputy Superintendent Farrell E. Hanzaker, Chief Financial Officer , DEPARTMENT OF PARKS AND RECREATION LANDSCAPE MANAGEMENT DIVISION 757385-0461 FAX (767)427-1895 TDD (757)427-4305 4C_-it:3r 4C�,f �Tir �i a ��acla INTER -OFFICE MEMORANDUM DATE: November 10, 2011 v$govxom 4141 DAM NECK ROAD VIRGW IA BEACH, VA 23456-5786 TO: /'Dale Holt, Assistant Superintendent — Virginia Beach City Public Schools FROM: 1 ' Frank Fentress, Landscape Management Administrator SUBJECT: Use of 613 Internal Service Fund Net Assets for FY 2011-12 As you know, the year-end fund balance for 11049 - Grounds Services accumulates in a .613 Internal Service Fund account at the end of each fiscal year. The fund balance is made up largely of salary and fringe benefits surpluses at the end of each fiscal year due to employee turnover and entry-level vacancies in Grounds Services. We are requesting your approval to use $819,500 from the net assets in the 613 Internal Service Fund to pay for some specific projects and equipment replacements that we cannot afford to do otherwise in FY 11-12: The specific requests and amounts are listed below_ 603407 -- Other Contractual Services Playground Safety Improvements -10 playgrounds @ $15,150 each - Phase III of a 5 -year program for Surfacing Removal and Replacement at various school sites - Renovation and replacement of Cooke Elementary playground J$330,000 - Basketball stanchion and backstop replacements at various elementary schools - Pond shoreline reconstruction and site drainage improvements at Larkspur Middle School 4 Lpov 16 Do 607105 — Replacement of Motor Vehicles and Equipment (1) Concrete Grinder to replace Motor Grader #008605 $13,000 $13,000 (2) Trucks, 17,500 GVW, Crew Cab with Snow Plow $100,000 $200,000 and Salt Spreader to replace #141316, 141318 Total FY 2011-2012 Net Assets Request $819,500 Memorandum to Dale Holt Page Two November 10, 2011 Below is a brief explanation of the projects: Phase I of the five-year safety surface replacement program began in 2010. Twenty-three playgrounds at elementary school sites have been addressed thus far, and two more are scheduled for completion this winter. Phase III addresses 10 more elementary school playgrounds. New drainage systems, in addition to removal and replacement of playground base materials and engineered wood fiber, will help ensure that national safety standards are met while prolonging the life expectancy of the toy structure. ADA accessible walkways are also being installed with these renovations. • The existing playground at Cooke Elementary School was installed in 1996. It is a challenge course design and is more suitable for older children and adults_ Renovating the play area and replacing the existing challenge course components with an age-appropriate playground toy will provide a safer, more valuable, ADA accessible play experience for the younger students. • Basketball stanchion refurbishment and replacements, mostly at elementary schools, have been completed as needed each year to ensure that aging structures are structurally sound. However, due to encapsulated lead paint, advancing rust concerns and metal failure, yearly upkeep is becoming increasingly challenging. Grounds Services/ Landscape Management is mile to fund a portion of the complete replacements; however, additional funding is required to replace basketball stanchions and backstops in order to remain compliant with safety standards. As supported by an Existing Drainage Study performed by Kimley-Horn in 2010, the stormwater management pond at Larkspur Middle School is highly eroded from wave action, and there are two flooding areas, one in the east parking lot, and one at the main student entry sidewalk for the building. The recommendations made by Kirinley-Horn included an estimate of $330,000 for design and construction to correct these drainage issues. Reconstruction of the pond. shorelines and establishment of better vegetation will also help alleviate"an ongoing problem with geese at this site. • All vehicles and equipment listed have met mileage and service requirements established by the City's Fleet Management Division -for replacement and are essential to our operation. Funding .will reduce repair costs, minimize downtime, and help to ensure effective service delivery. As noted previously, we are recommending that funding be utilized from the 613 Internal Service Fund. In lieu of Internal Service funding, the alternatives are either delaying these projects and replacements until they can be funded through the normal budget process or that no funding at all be provided to fund these projects. We feel that these two alternatives, especially'providing no funding, will result in deficiencies ata number of school sites. We have also proposed some of the safety improvements previously in the budget process, but due to competing priorities have been unable to secure funding. We look forward to your favorable response. Please feel free to contact me should you need more information or clarification to evaluate these requests. FLF/jfb cc: Steve Johnston Christina Uperti David Walker Paul Harris .r .. y CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Transferring Funds from the General Fund Reserve for Contingencies to the General Registrar's FY 2011-12 Operating Budget for the Republican Party Primary Senatorial Election MEETING DATE: May 8, 2012 ■ Background: A primary election has been ordered for June 12, 2012 in the City of Virginia Beach. In accordance with Virginia Code § 24.2-518, the locality shall pay the costs of primary elections. The FY 2011-12 Operating Budget for the General Registrar's Office does not include funding for this primary election. ■ Considerations: The total cost for the primary election is estimated to cost $211,108. The General Registrar's Office is capable of absorbing $13,420 within its budget. It is requested that the remaining $197,668 be transferred from the General Fund Reserve for Contingencies. If approved, the General Fund Reserve for Contingencies will have a remaining balance of $577,366. ■ Public Information: Public information will be provided through the normal Council Agenda process. ■ Alternatives: Without adequate funding, election duties required by law for the primary election cannot be conducted. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: General Registrar City Manager: Wt 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 AN ORDINANCE TRANSFERRING FUNDS FROM THE GENERAL FUND RESERVE FOR CONTINGENCIES TO THE FY 2012 OPERATING BUDGET OF THE GENERAL REGISTRAR FOR THE REPUBLICAN PARTY PRIMARY SENATORIAL ELECTION BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $197,668 is hereby transferred from the General Fund Reserve for Contingencies to the FY 2011-12 Operating Budget of the General Registrar to fund the June 2012 Republican Party Primary Senatorial Election. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2012. APPROVED AS TO CONTENT: CA Management Services CA12256 R-1 April 24, 2012 APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office k---- J. PLANNING 1. Application of OCEAN RENTAL PROPERTIES, LLC, for an Enlargement of a Non - Conforming Use to allow two single family dwellings at 403 16th Street (DISTRICT 6 —BEACH) RECOMMENDATION: APPROVAL 2. Application of B.C. INVESTMENTS, LLC/RCC SALEM LAKES II, LLC and SALEM LAKES II, LLC for Modification of Proffers, and a Conditional Use Permit (Approved by City Council October 27, 1998) re mini- and self -storage, at Salem Road and Salem Lakes Blvd. (DISTRICT 1-CENTERVILLE) RECOMMENDATION: APPROVAL 3. Application of BILLY W. CHAPLAIN, for Modification of Proffer No. l and Modification of Condition No. 7 of a Conditional Use Permit for Bulk Storage (approved by City Council August 14, 200 1) and a new Conditional Use Permit for Automobile and Small Engine Repair at 849 and 853 Virginia Beach Boulevard (DISTRICT 6 —BEACH) RECOMMENDATION: APPROVAL 4. Application of CORNERSTONE BIBLE CHURCH, INC/KROLL ENTERPRISES for a Conditional Use Permit re a church at 2180 McComas Way (DISTRICT 7 -PRINCESS ANNE) RECOMMENDATION: APPROVAL 5. Application of SENTARA HOSPITALS AND MPB, INC., for a Change of Zoning District Classification from A-12 Apartment District and R-15 Residential District to Conditional 0-2 Office District re offices and medical facilities at 800 and 816 Independence Boulevard. (DISTRICT 4-BAYSIDE) RECOMMENDATION: APPROVAL 6. Application of the CITY OF VIRGINIA BEACH, for a Street Closure re a portion of the right- of-way of Holly Road at the intersection of Laskin Road(DISTRICT 6 —BEACH) RECOMMENDATION: APPROVAL YI 0 Cu w uj a� W m 7 o A Z CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Authorizing the Enlargement of a Nonconforming use on Property Located at 403 16th Street (GPIN 2427069675). BEACH DISTRICT. OCEAN RENTAL PROPERTIES, LLC MEETING DATE: May 8, 2012 ■ Background: The site is zoned A-12 Apartment District. Until 2006, the subject parcel was used for a single-family house on the front portion of the lot and a duplex on the rear portion of the lot. The use of the site for two separate structures with dwelling units is nonconforming per the Zoning Ordinance, because single-family dwellings are not permitted within the A-12 Apartment District. On August 8, 2006, the City Council approved a request for a conversion and enlargement of a nonconforming use for this site. The duplex dwelling at the rear of the lot was damaged by fire, and it was cost prohibitive to repair. Accordingly, the approval included (1) demolition of the existing duplex dwelling and its replacement with a single-family dwelling and (2) addition of a second -story deck to the existing single-family dwelling. The fire -damaged duplex was demolished as proposed; however, the construction of the proposed single-family dwelling did not take place at that time. ■ Considerations: The property has since changed owners, and the new owner (the applicant) requests approval of an alteration and enlargement of a nonconforming use for the purpose of demolishing the existing single-family dwelling on the front of the lot and then developing the site with two single-family dwellings. The submitted site development plan depicts two single-family dwellings and parking. The front unit is located 14 feet from the front property line, 5 feet from the western property line, and 9.5 feet from the eastern property line. The rear unit is located 10 feet from the rear property line, 8 feet from the western property line, and 5 feet from the eastern property line. There is 35 feet between the dwellings. The front unit has a 10 -foot by 15 -foot deck attached the rear of the house, and the rear unit has an 18 -foot wide patio surrounding the bay window on the rear of the house. Concrete driveways are proposed for both units. The proposed architectural style of the dwellings is a modified Colonial Revival style and is in keeping with the surrounding dwellings. The front dwelling is 26 feet in height, and the rear dwelling is slightly taller at 29 feet in height. Page 2 of 3 The Lakewood community, within which the subject site is located, is very interested in implementing zoning regulations and design guidelines similar to those applicable to the Old Beach Overlay District. A component of the Overlay District regulations is the Old Beach Design Guidelines, which are used by developers and property owners to ensure the design of new and renovated dwellings is consistent with the identified 'vision' established by the community for Old Beach. The Lakewood community does not have such guidelines, and until those guidelines are developed and adopted, staff, with the encouragement of the Lakewood Civic League, has been using elements of the Old Beach Guidelines to maintain the character of the Lakewood community for new construction, renovations, and redevelopment. For the purpose of the current request, the applicant applied some of the site and building design elements recommended for the Old Beach Overlay District to the design the site and building designs. ■ Recommendations: In sum, staff finds that the proposed alterations and enlargements are reasonable, will have a minimal impact on the surrounding area, and will be as appropriate to the area as the existing non -conforming use. The request is also in keeping with the vision of the Lakewood community residents to permit two single-family dwellings on a site, similar to that permitted in the Old Beach Overlay District, as opposed to a duplex. The request, therefore, is acceptable with the conditions below. 1. The site shall be developed substantially in conformance with the submitted "NON -CONFORMING USE EXHIBIT FOR OCEAN RENTAL PROPERTIES, LLC #403 16TH STREET", dated February 2, 2012, and prepared by WPL Landscape Architects/Land Surveyors/Engineers. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. The proposed dwellings shall be constructed substantially in conformance with the submitted elevations "403 16th Street Front Unit and 403 16th Street Rear Unit". Said elevations have been exhibited to the Virginia Beach City Council and are on file in the Planning Department. 3. Building materials shall consist of fiber -cement board siding, vinyl lap and shake siding, and architectural -grade roofing shingles. Brick skirting shall cover the foundation. The windows, doors, railing, and columns shall be vinyl clad. Building colors shall be neutral tones of grays, browns, beige, cream, and white. Page 3 of 3 4. The existing Crape Myrtle trees between the sidewalk and the roadway shall be protected during construction. The easternmost Crape Myrtle may be removed to allow installation of the driveway. The applicant shall plant a Crape Myrtle in the front yard of the proposed front dwelling unit as replacement. 5. All yard areas that are not covered with impervious area shall be landscaped with grass, shrubs and trees. The HVAC units shall be screened from view with landscaping or fencing. 6. The driveways for the proposed units shall be pervious pavers or drive strips. The vehicle parking area for the proposed rear dwelling unit shall be pavers. ■ Attachments: Staff Report Resolution Location Map Recommended Action: Approval with conditions Submitting Department/Agency: Planning Department City Manager: l/, BEACH N lat,,M6ak Ocean Rental Properties, LLC 1 ' RT F GO" Al2 RT: l i Ai A42' R�F3� �RS& n ' Zrw'M�.IM l'awrili.� PMY... O,w. Hep.rtr k k�M w'fliM sr+.•na..k..a Pcw.: U..,k�. Enlargement Of Noncon/orming Use REQUEST: Enlargement of a Nonconforming Use ADDRESS / DESCRIPTION: 403 16t" Street May 8, 2012 City Council Public Hearing APPLICANT AND PROPERTY OWNER: OCEAN RENTAL PROPERTIES, LLC STAFF PLANNER: Faith Christie GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 24270696750000 BEACH 7,000 square feet 65-70 dB DNL; Sub -Area 1 SUMMARY OF REQUEST The site is zoned A-12 Apartment District. Until 2006, the subject parcel was used for a single-family house on the front portion of the lot and a duplex on the rear portion of the lot. The use of the site for two separate structures with dwelling units is nonconforming per the Zoning Ordinance, because single-family dwellings are not permitted within the A-12 Apartment District. On August 8, 2006, the City Council approved a request for a conversion and enlargement of a nonconforming use for this site. The duplex dwelling at the rear of the lot was damaged by fire, and it was cost prohibitive to repair. Accordingly, the approval included (1) demolition of the existing duplex dwelling and its replacement with a single-family dwelling and (2) addition of a second -story deck to the existing single-family dwelling. The fire -damaged duplex was demolished as proposed; however, the construction of the proposed single-family dwelling did not take place at that time. Since that time, the property has changed owners, and the new owner (the applicant) requests approval of an alteration and enlargement of a nonconforming use for the purpose of demolishing the existing single-family dwelling on the front of the lot and then developing the site with two single-family dwellings. The submitted site development plan depicts two single-family dwellings and parking. The front unit is located 14 feet from the front property line, 5 feet from the western property line, and 9.5 feet from the eastern property line. The rear unit is located 10 feet from the rear property line, 8 feet from the western OCEAN RENTAL PROPERTIES, LLC May 8, 2012 CITY COUNCIL Page 1 property line, and 5 feet from the eastern property line. There is 35 feet between the dwellings. The front unit has a 10 -foot by 15 -foot deck attached the rear of the house, and the rear unit has an 18 -foot wide patio surrounding the bay window on the rear of the house. Concrete driveways are proposed for both units. The proposed architectural style of the dwellings is a modified Colonial Revival style and is in keeping with the surrounding dwellings. The front dwelling is 26 feet in height, and the rear dwelling is slightly taller at 29 feet in height. LAND USE AND PLAN INFORMATION EXISTING LAND USE: A single-family dwelling occupies the site. The site is zoned A-12 Apartment district. SURROUNDING LAND North: . Commercial uses / RT -3 Resort Tourist USE AND ZONING: South: . 16th Street • Across 16th Street are single-family, duplex, and multi -family dwellings and a bed and breakfast inn / R -5S Residential East: . Duplex dwelling and a single-family dwelling / A-12 Apartment District West: . Duplex dwelling / A-12 Apartment District NATURAL RESOURCE AND There are no significant natural resources or cultural features associated CULTURAL FEATURES: with the site. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area of the city as "Urban Area - Strategic Growth Area 8, Resort Area." The Resort Area is recognized as an area where revitalization efforts have and continue to transform the Resort Area into a major activity center, strengthen neighborhoods and increase economic growth. Further, the site is located one block south of the Central Beach District of the Resort Area Strategic Action Plan (RASAP). The RASAP's development strategies call for creating distinct districts, improving transitions from the Resort Area to the neighborhoods and growing the quality of the residential sector. The RASAP promotes increasing residential uses in the Resort Area, provided careful consideration is given to design and compatibility with adjacent properties and neighborhood character. CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): 16t" Street is a two-lane local street with an 80 -feet right-of-way width. It is not included in the City's Master Transportation Plan. The two single-family dwellings proposed for the lot do not create any traffic related issues. The proposed driveway will have to meet the requirements of the City's Public Works Standards for residential entrances. OCEAN RENTAL PROPERTIES, LLC May 8, 2012 CITY COUNCIL Page 2 TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic 16 Street No counts 9,900 ADT Existing Land Use — 20 ADT available Proposed Land Use 3— 20 ADT Average Daily Trips Y as defined by two single-family dwellings 3 as defined by two single-family dwellings WATER and SEWER: This site is connected to City water and sewer. EVALUATION AND RECOMMENDATION Staff recommends approval of this request. The Lakewood community, within which the subject site is located, is very interested in implementing zoning regulations and design guidelines similar to those applicable to the Old Beach Overlay District. The Old Beach Overlay District is a residential area bounded by 271/2 Street and Beach Garden Park to the north, Parks Avenue to west, 221/ and 22nd streets to the south, and a meandering line following lot lines within the 300 block west of Pacific. A component of the Overlay District regulations is the Old Beach Design Guidelines, which are used by developers and property owners to ensure the design of new and renovated dwellings is consistent with the identified `vision' established by the community for Old Beach. The Lakewood community does not have such guidelines, and until those guidelines are developed and adopted, staff has been using elements of the Old Beach Guidelines to maintain the character of the Lakewood community for new construction, renovations, and redevelopment. For the purpose of the current request, the applicant applied some of the site and building design elements recommended for the Old Beach Overlay District to the design of the site and building designs. The existing single-family dwelling is 18 feet from the front property line. The applicant proposes the new front dwelling at 14 feet from the front property line. While the new front dwelling will be slightly closer to the property line, it is consistent with the location of the front fagade of the existing homes on the street. The existing dwelling is 4.9 feet from the western property line and 9 feet from the eastern property line. The new front dwelling will be 5 feet from the western property line and 9.5 feet from the eastern property line. The previous approval for a single-family dwelling at the rear of the lot allowed for a three-story structure, 7 feet from both of the side property lines and 10 feet from the rear property line. The majority of the yard area between the front and rear units consisted of parking area for the structure. In lieu of that previously approved dwelling, the currently proposed rear dwelling is proposed at 8 feet from the western property line, 5 feet from the eastern property line, and 10 feet from the rear property line. The rear dwelling is proposed at 2 stories in height. The proposed lot coverage of the dwellings is in keeping with the recommendations in the Old Beach Design Guidelines. The proposed Colonial Revival architecture for both of the dwellings is complementary to the existing homes in the immediate area. OCEAN RENTAL PROPERTIES, LLC May 8, 2012 CITY COUNCIL Page 3 In sum, staff finds that the proposed alterations and enlargements are reasonable, will have a minimal impact on the surrounding area, and will be as appropriate to the area as the existing non -conforming use. The request is also in keeping with the vision of the Lakewood community residents to permit two single-family dwellings on a site, similar to that permitted in the Old Beach Overlay District, as opposed to a duplex. The request, therefore, is acceptable with the conditions listed below. CONDITIONS 1. The site shall be developed substantially in conformance with the submitted "NON -CONFORMING USE EXHIBIT FOR OCEAN RENTAL PROPERTIES, LLC #403 16TH STREET", dated February 2, 2012, and prepared by WPL Landscape Architects/Land Surveyors/Engineers. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. The proposed dwellings shall be constructed substantially in conformance with the submitted elevations "403 16th Street Front Unit and 403 16th Street Rear Unit". Said elevations have been exhibited to the Virginia Beach City Council and are on file in the Planning Department. 3. Building materials shall consist of fiber -cement board siding, vinyl lap and shake siding, and architectural -grade roofing shingles. Brick skirting shall cover the foundation. The windows, doors, railing, and columns shall be vinyl clad. Building colors shall be neutral tones of grays, browns, beige, cream, and white. 4. The existing Crape Myrtle trees between the sidewalk and the roadway shall be protected during construction. The easternmost Crape Myrtle may be removed to allow installation of the driveway. The applicant shall plant a Crape Myrtle in the front yard of the proposed front dwelling unit as replacement. 5. All yard areas that are not covered with impervious area shall be landscaped with grass, shrubs and trees. The HVAC units shall be screened from view with landscaping or fencing. 6. The driveways for the proposed units shall be pervious pavers or drive strips. The vehicle parking area for the proposed rear dwelling unit shall be pavers. 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 application are valid or any structures may be occupied. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. OCEAN RENTAL PROPERTIES, LLC May 8, 2012 CITY COUNCIL Page 4 Picto metry N IW AERIAL OF SITE LOCATION OCEAN RENTAL PROPERTIES, LLC May 8, 2012 CITY COUNCIL Page 5 s I -Will all <e®j 6s - : rrr� p t �yA ri ry =� ra a �. 133H1S 25 ----- --• L - - - - - - - - - - -- �ta Mvl Yy i�1+1:Y < a tY i3 �iY 31 6r.t ill •rra to {.e! Y•Y¢Y t ' �yS¢ a ¢ Y 'f�f0 . +e i!?�Y�ri� :ii¢i.S: ri:¢:h PROPOSED SITE PLAN OCEAN RENTAL PROPERTIES, LLC May 8, 2012 CITY COUNCIL Page 6 FRONT UNIT ELEVATION OCEAN RENTAL PROPERTIES, LLC May 8, 2012 CITY COUNCIL Page 7 Mw �® ®® Z F- o -I ®® w o Wf- �> N W w0 K H WIIWlll �H Z �J tO W ® ffiffiD M Q O w IL1-JLJ-JI I�. -N DF- ;'mm Z z O F- 0 w- w �� 9 N Q crF- hi wZ K O > Z WW J tO W ® < N Q W �W O 00 O N M Q O — �t N FRONT UNIT ELEVATION OCEAN RENTAL PROPERTIES, LLC May 8, 2012 CITY COUNCIL Page 7 71 EID ti WE IN rC N N s_ Z Q w Z w O w� �Q �w �w ^Z O � 4 L t z D K Q w wZ L.j O V� V)Q L w to J �w nw O REAR UNIT ELEVATION OCEAN RENTAL PROPERTIES, LLC ' C; May 8, 2012 CITY COUNCIL Page 8 al BEACH Mml%1 Scale Ocean Rental Properties, LLC gTTN ST 'Zoning witlr Conditions Proffers. Open Enlargement of Nonconforming Use Property is located within Space Promotion or PDH -2 Overlays Sub Area 1 and 65.70 d8 Ldn ZONING HISTORY # DATE REQUEST ACTION 1 8/8/06 ENLARGEMENT AND ALTERATIONS TO A NONCONFORMING USE Approved 2 3/16/12 CONDITIONAL REZONING (A-12 APARTMENT TO RT -3 RESORT Withdrawn 3 12/9/85 REZONING (A-1 APARTMENT TO B-4 RESORT COMMERCIAL — NOW RT -3 RESORT TOURIST Approved 4 4/14/09 ALTERATIONS TO A NONCONFORMING USE Approved 5 5/9/95 CONDITIONAL USE PERMIT CHURCH ADDITIONS Approved 6 5/1/02 CONDITIONAL REZONING (A-12 APARTMENT TO RT -3 RESORT Withdrawn 7 12/7/10 CONDITIONAL USE PERMIT (MUSEUM & ART GALLERY Approved 8 4/13/10 CONDITIONAL USE PERMIT SMALL ENGINE REPAIR) Approved OCEAN RENTAL PROPERTIES, LLC May 8, 2012 CITY COUNCIL Page 9 S _ S OF OJP., z C) CUM) a w c7 0 w z 0 V z 0 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) Ocean Rental Properties, LLC: Steven W. Bishard; John Bishard; Members 2. List all businesses that have a parent -subsidiary' or affiliated business entw 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 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 Non -Conforming Use Application DISCLOSURE STATEMENT OCEAN RENTAL PROPERTIES, LLC May 8, 2012 CITY COUNCIL Page 10 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services w7respectto the requested property use, including but not limited to the providers of a services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) Sykes, Bourdon, Ahern & Levy, P.C. WPL ' "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. Ocean Rental,Proerties, LLC B' Steve W. Bishrd, Memt A cant's 5 nature Print Name Property Owners Signature (if different than applicant) Print Name Non-Confoming use Application Page 9 of 9 CID O w z 0 U I 0 z DISCLOSURE STATEMENT OCEAN RENTAL PROPERTIES, LLC May 8, 2012 CITY COUNCIL Page 11 1 A RESOLUTION AUTHORIZING THE ENLARGEMENT OF 2 A NONCONFORMING USE ON PROPERTY LOCATED AT 3 40316 TH STREET 4 5 WHEREAS, Ocean Rental Properties, LLC, (hereinafter the "Applicants") have 6 made application to the City Council for authorization to enlarge a nonconforming use 7 located at 403 16th Street in the A-12 Apartment District by demolishing and 8 reconstructing two single -family dwellings on the same lot; and 9 10 WHEREAS, this lot originally contained two dwelling units; a single family 11 dwelling and a duplex. However, the duplex unit was destroyed, and City Council 12 passed a resolution allowing for the reconstruction of the duplex as a single -family 13 dwelling. At this time, the applicants request the ability to demolish the current single- 14 family dwelling and develop the site with two (2) single -family dwellings. Currently 15 single -family dwellings are not allowed in the A-12 Apartment District. The single -family 16 dwelling is nonconforming as it was built prior to the adoption of the applicable zoning 17 regulations; and 18 19 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the 20 enlargement of a nonconforming use is unlawful in the absence of a resolution of the 21 City Council authorizing such action upon a finding that the proposed use, as 22 reconstructed, will be equally appropriate or more appropriate to the zoning district than 23 is the existing use; 24 25 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 26 VIRGINIA BEACH, VIRGINIA: 27 28 That the City Council hereby finds that the proposed use, as reconstructed, will 29 be equally appropriate to the district as is the existing nonconforming use under the 30 conditions of approval set forth hereinbelow. 31 32 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 33 BEACH, VIRGINIA: 34 35 That the reconstruction of the nonconforming use is hereby authorized, upon the 36 following conditions: 37 38 1. The site shall be developed substantially in conformance with the submitted 39 "NON-CONFORMING USE EXHIBIT FOR OCEAN RENTAL PROPERTIES, 40 LLC #403 16TH STREET", dated February 2, 2012, and prepared by WPL 41 Landscape Architects/Land Surveyors/Engineers. Said plan has been 42 exhibited to the Virginia Beach City Council and is on file in the Planning 43 Department. 44 45 2. The proposed dwellings shall be constructed substantially in conformance 46 with the submitted elevations "403 16th Street Front Unit and 403 16th Street 47 Rear Unit". Said elevations have been exhibited to the Virginia Beach City 48 Council and are on file in the Planning Department. 49 50 3. Building materials shall consist of fiber -cement board siding, vinyl lap and 51 shake siding, and architectural -grade roofing shingles. Brick skirting shall 52 cover the foundation. The windows, doors, railing, and columns shall be vinyl 53 clad. Building colors shall be neutral tones of grays, browns, beige, cream, 54 and white. 55 56 4. The existing Crape Myrtle trees between the sidewalk and the roadway shall 57 be protected during construction. The easternmost Crape Myrtle may be 58 removed to allow installation of the driveway. The applicant shall plant a 59 Crape Myrtle in the front yard of the proposed front dwelling unit as 60 replacement. 61 62 5. All yard areas that are not covered with impervious area shall be landscaped 63 with grass, shrubs and trees. The HVAC units shall be screened from view 64 with landscaping or fencing. 65 66 6. The driveway for the proposed units shall be pervious pavers or drive strips. 67 The vehicle parking area for the proposed rear dwelling unit shall be pavers. 68 69 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 70 of , 2012. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: P4n�:=_ IV ent City ttorne Office CA12263 R-1 April 27, 2012 N (Q Mlk CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: B.C. INVESTMENTS, LLC/RCC SALEM LAKES II, LLC & SALEM LAKES II, LLC, Modification of Proffers, east side of Salem Road & north of Salem Lakes Blvd, Conditional Use Permit, mini-storage/self-storage, east side of Salem Road & north of Salem Lakes Blvd. (GPIN 1475905719). CENTERVILLE DISTRICT. MEETING DATE: May 8, 2012 ■ Background: A Conditional Rezoning from R -51D Residential to Conditional B-2 Business for this site was approved by the City Council on October 27, 1998. The change of zoning permitted the expansion of the existing food store and shopping center, the relocation of retail shops, and the creation of an outparcel. The applicant now proposes to eliminate the proffers associated with the previously approved shopping center expansion, which would have been entirely on the subject site. Instead of the shopping center expansion, the applicant proposed to construct a three-story, mini -warehouse facility with outdoor storage. Modifications to the Proffers of the 1998 Conditional Change of Zoning and a Conditional Use Permit for the mini -warehouse facility are required. ■ Considerations: The proposed 78,600 square foot, 34 -foot tall, climate -controlled building is proposed with a mix of exterior building materials that include neutral color split -faced block veneer and metal wall panels, storefront windows, and a green standing -seam metal roof. A decorative eight -foot high, wrought -iron style fence is proposed to provide some visual interest between this site and the shopping center to the south. In addition, as required by the Zoning Ordinance, an eight -foot, solid vinyl fence is also proposed, which will enclose the 25,000 square foot outdoor storage area. The storage area is for residential use only and is intended to provide a location for the safe storage of boats, recreational vehicles, trailers, and motorcycles, but not commercial vehicles. A 30 -foot wide planted buffer is proposed along the northern property line adjacent to the multifamily units to the north, where the outdoor storage is proposed. The buffer transitions to the minimum required 15 -foot planted buffer along the remainder of the property line that is adjacent to these same residential units. Ten parking spaces, foundation plantings, and a stormwater management facility are also depicted on the proffered plan. Ingress and egress to the site will utilize the existing entrance into the shopping center via an easement. Plan's policies for the Suburban Area call for protection of the overall character, economic value, and aesthetic quality of stable neighborhoods. Three key planning principles of the Plan guard against possible threats to neighborhoods: preserve neighborhood quality, create and protect open spaces, and suburban mobility through connections. While the applicant's proposal for the mini -warehouse facility will be completely enclosed within a climate -controlled building and is viewed as compatible with the multifamily to the north, it is the outdoor storage area that Staff finds B.C. Investments, LLC Page 2of3 inconsistent with the key planning principles of the Comprehensive Plan for the Suburban Area. The enclosed self -storage facility is designed such that it appears to be an office building, and thus, 'fits' with this primarily residential area. The bulk storage yard, even when fenced and screened, presents an activity and appearance to the area that is more semi -industrial in nature. Thus, staff was concerned with the impact of the outdoor storage area on the adjacent residential area, and accordingly, recommended that the Planning Commission deny that part of the application. Prior to the Planning Commission Hearing, the applicant and staff discussed the outdoor storage area, and drafted several potential conditions that the Planning Commission could attach to the Use Permit that would address some of the incompatible aspects of the use. At the Planning Commission Hearing, the Commission added additional conditions pertaining to security and lighting. With the addition of the conditions listed below, staff can now recommend approval of the mini -storage and the outdoor storage area. There was no opposition to the request. ■ Recommendations: The Planning Commission, passing a motion by a recorded vote of 9-0, recommends approval of this request to the City Council with the following conditions and proffers: CONDITIONS ADDED BY PLANNING COMMISSION ACTION ON APRIL 11, 2012 1. The outdoor storage area shall only be used for storing licensed and operable motor homes / recreational vehicles (RV's), watercraft, trailers, and motor vehicles. No construction equipment, dump trucks, towed vehicles, or materials of any kind shall be permitted to be stored within the area. 2. The outdoor storage yard shall be enclosed by the two types of fencing, the eastern wall of the storage building, and the gate, as depicted and described on the "Zoning & Condition Use Exhibit for Salem Road Self Storage" prepared by Kellam Gerwitz, dated 1/25/12. 3. The landscape screening and tree preservation depicted on the plan referenced in Condition 2 shall be installed substantially as depicted and described on said plan and shall be maintained in good condition and health at all times. 4. A photometric plan shall be submitted for review during detailed site plan review. The plan shall include the location of all poles and building mounted lighting fixtures, and the listing of lamp type, wattage, and type of fixture. 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. Lighting on the northern side of the property is of particular concern due to the adjacent residential areas. The lighting proposed for that side of the building shall not be installed until approved by the Department of Planning / Current Planning. B.C. Investments, LLC Page 3 of 3 5. The hours of operation for the self -storage and the outdoor storage area shall be 7:00 a.m. to 8:00 p.m. 6. The applicant shall install security cameras that provide surveillance of the outdoor storage area. PROFFERS PROFFER 1: When the Property is developed, it shall be landscaped and developed substantially as shown on the exhibit entitled, "Zoning & Conditional Use Exhibit For Salem Road Self Storage" date 01/25/12, prepared by Kellam Gerwitz, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter referred to as the "Site Plan"). PROFFER 2: When the Property is developed, the exterior and building mounted signage of the Salem Road Self Storage building shown on the Site plan shall be substantially similar in appearance to and shall utilize the external building materials as designated on the exhibit entitled, "Sale Road Self Storage Elevations for B.C. Investments, LLC," dated January 30, 2012, prepared by G.M. Frech & Associates, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter referred to as the "Elevation Plan"). PROFFER 3: When the Property is developed, the freestanding sign shall be monument style, shall not exceed a height of twelve feet (12') and the base shall match the masonry utilized on the storage building depicted on the Elevation Plan. PROFFER 4: The only uses which are permitted on the Property in addition to or in place of the storage facility depicted on the Site Plan are uses which are permitted in the B -1A Limited Community Business District. PROFFER 5: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. ■ 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/' . �J City Manager: r V V " L CENTERVILLE 3 & 4 .USF-» B.C. Investments, LLC .� April 11, 2012 Public Hearing Rio Includes Conditions of Use Permit Added by Planning Commission at Hearing P,•��;' . APPLICANT: BC INVESTMENTS, LLC 1 a� - � eeH, � t�� t r r' PROPERTY OWNER: j_,p ,a, RCC SALEM �1 PDH1 y� CUP - SeN SLAKES II LLC j'";,,,,�'"""°"p^�"'• �°"' rorage ' roxa o`.er. SALEM LAKES II, LLC STAFF PLANNER: Carolyn A.K. Smith REQUEST: Modification of Conditional Change of Zoning approved by the City Council on October 27, 1998. Conditional Use Permit for mini-warehouse/self-storage facility with outdoor bulk storage. ADDRESS / DESCRIPTION: GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14759057190000 CENTERVILLE 2.256 acres Less than 65 dB DNL The Conditional Rezoning from R -5D to Conditional B-2 on this SUMMARY OF REQUEST site was approved by the City Council on October 27, 1998. The change of zoning permitted the expansion of the existing food store and shopping center, the relocation of retail shops, and the creation of an outparcel. With this request, the applicant proposes to eliminate the shopping center expansion, which was proposed entirely on this site, and construct a three- story, mini -warehouse facility with outdoor storage. Modifications to the Proffer Agreement and a Conditional Use Permit are required. As the shopping center is off-site and is governed by the conditions of the PD -H1 District, the applicant is only required to modify the existing proffers that govern this vacant, 2.25 acre site. For simplicity, the new proposed Proffer Agreement will supersede the current agreement as the changes proposed vary greatly from the 1998 request. BC INVESTMENTS, LLC Agenda Item 3 & 4 Page 1 The 78,600 square foot, 34 -foot tall, climate -controlled building is proposed with a mix of exterior building materials to include: neutral color split -faced block veneer and metal wall panels, storefront windows and green standing seam metal roof. A decorative eight -foot high, wrought -iron style fence is proposed to provide some visual interest between this site and the shopping center to the south. In addition, as required, an eight -foot, solid vinyl fence is also proposed which will enclose the 25,000 square foot outdoor storage area. The storage area is for residential use only and is intended to provide a location for the safe storage of boats, recreational vehicles, trailers, and motorcycles, but not commercial vehicles. A 30 -foot wide planted buffer is proposed along the northern property line adjacent to the multifamily units to the north, where the outdoor storage is proposed. The buffer transitions to the minimum required 15 - foot planted buffer along the remainder of the property line that is adjacent to these same residential units. Ten parking spaces, foundation plantings, and a stormwater management facility are also depicted on the proffered plan. Ingress and egress is proposed utilizing the existing entrance into the shopping center via an easement. REVISION TO PROFFERS AND SITE PLAN AFTER PLANNING COMMISSION HEARING: The applicant submitted a revised site plan and proffer agreement after the Planning Commission meeting to reflect a reduction in the square footage of the self -storage building from 78,600 square feet to 64,875 square feet. The revised plan is included at the end of this report. LAND USE AND PLAN INFORMATION EXISTING LAND USE: Undeveloped vacant site SURROUNDING LAND North: . Multifamily dwellings/ PD -1-11 District USE AND ZONING: South: . Shopping center/ PD -H1 District East: . Single-family, duplex / R -5D Residential District West: . Salem Road • Open space (golf course) / P-1 Preservation District NATURAL RESOURCE AND CULTURAL FEATURES: This site is located in the Southern Watersheds Management Area. There do not appear to be any significant natural or cultural features on the site. The applicant is aware that stormwater quantity and quality will have to be addressed during site plan review and that the proposed stormwater management facility must meet minimum setback requirements from both the right-of-way and from the building. COMPREHENSIVE PLAN: This site is located within the Suburban Area. The Plan contains policies to guide and protect the overall character, economic value, and aesthetic quality of the stable neighborhoods in the Suburban Area. The Plan also reinforces suburban characteristics of commercial centers and other non- residential areas that make-up part of the Suburban Area. Three key planning principles have been established in the Comprehensive Plan to guard against possible threats to this stability: preserve neighborhood quality, create and protect open spaces, and suburban mobility. Achieving the goals of preserving neighborhood quality requires that all new development or redevelopment, whether residential or non-residential, either maintain or enhance the overall development of the area. This is accomplished by having development proposals either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability, buffering of residential from other residential and non-residential with respect to type, size, intensity, and relationship to the surrounding uses. Benda Item & 4 Paige 2 CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Salem Road in the vicinity of this application is considered a 2 -lane undivided minor suburban arterial. The MTP proposes a 4 -lane facility within a 125 foot right-of-way. Currently, this segment of roadway is functioning under -capacity at a LOS C or better. No roadway CIP projects are slated for this section of roadway. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Salem Road 11,355 ADT 13,600 ADT (Level of Existing Land Use — 819 Service "C") - 16,200 ADT ADT' (Level of Service Proposed Land Use 3— "E") 197 ADT Phase 1 155 ADT Phase 2 351 ADT Total Average Daily Trips 2 as defined by retail never constructed Sas defined by both Phase 1 78,600 SF and Phase 2 61,800 SF of self -storage WATER: This site must connect to City water. There is an existing 16 -inch City water main along Salem Road. SEWER: This site must connect to City sanitary sewer. There is an existing 8 -inch City sanitary gravity main and an existing 16 -inch City sanitary sewer force main along Salem Road. The site is within the Pump Station #565 boundary. An option may be to connect to the gravity sanitary sewer on Salem Road, within the Pump Station #567 boundary. If a connection into Pump Station #567 is pursued, upgrade fees and analysis will be required to ensure future flows can be accommodated. EVALUATION AND RECOMMENDATION NOTE: The evaluation and recommendation below are the same as provided to the Planning Commission for the April 11 Public Hearing. As noted in the City Council Agenda Item report, based on several conditions added by the Planning Commission, staff now recommends approval of both the self - storage facility and the outdoor storage yard. Staff recommends approval of this modification to the proffer agreement as well as the Use Permit for the mini -warehouse facility; however, Staff recommends denial of the bulk storage yard portion of the Use Permit. The Comprehensive Plan's policies for the Suburban Area call for protection of the overall character, economic value, and aesthetic quality of stable neighborhoods. Three key planning principles of the ,Plan BC INVES!'MENTS; LC Agenda Item 3s& 4 Pa0e 3 guard against possible threats to neighborhoods: preserve neighborhood quality, create and protect open spaces, and suburban mobility through connections. While the applicant's proposal for the mini - warehouse facility will be completely enclosed within a climate -controlled building and is viewed as compatible with the multifamily to the north, it is the outdoor storage area that Staff finds inconsistent with the key planning principles of the Comprehensive Plan for the Suburban Area. The enclosed self -storage facility is designed such that it appears to be an office building, and thus, fits into this primarily residential area. The bulk storage yard, even when fenced and screened, presents an activity and appearance to the area this more semi -industrial in nature. There is the potential that the stored vehicles in the outdoor area will be visible from at least the upper stories of the multifamily dwellings. It is not a matter of residents looking at an adjacent parking lot but rather a visually unappealing area filled with trailers, recreational vehicles, motorcycles and boats. The Comprehensive Plan recommends that non-residential uses that adjoin residential uses in the Suburban Area employ effective landscape design techniques, including the placement of appropriate plant materials to buffer or screen such uses and the applicant has done just that. However, even with the additional plant material proffered, this does not compensate for or replace good planning principles that recommend objectionable uses not be located adjacent to residential units — whether they be single family homes or apartment buildings. Based on this, Staff recommends denial of the bulk storage yard and approval of the modification of the proffers and the Conditional Use Permit for the self storage facility. CONDITIONS ADDED BY PLANNING COMMISSION ACTION ON APRIL 11, 2012 1. The outdoor storage area shall only be used for storing licensed and operable motor homes / recreational vehicles (RV's), watercraft, trailers, and motor vehicles. No construction equipment, dump trucks, towed vehicles, or materials of any kind shall be permitted to be stored within the area. 2. The outdoor storage yard shall be enclosed by the two types of fencing, the eastern wall of the storage building, and the gate, as depicted and described on the "Zoning & Condition Use Exhibit for Salem Road Self Storage" prepared by Kellam Gerwitz, dated 1/25/12. 3. The landscape screening and tree preservation depicted on the plan referenced in Condition 2 shall be installed substantially as depicted and described on said plan and shall be maintained in good condition and health at all times. 4. A photometric plan shall be submitted for review during detailed site plan review. The plan shall include the location of all poles and building mounted lighting fixtures, and the listing of lamp type, wattage, and type of fixture. 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. Lighting on the northern side of the property is of particular concern due to the adjacent residential areas. The lighting proposed for that side of the building shall not be installed until approved by the Department of Planning / Current Planning. 5. The hours of operation for the self -storage and the outdoor storage area shall be 7 a.m. to 8 p.m. 6. The applicant shall install security cameras that provide surveillance of the outdoor storage area. BC INVESffiIINTS,.LC Agernda Item 3& 4 Page 4 PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: When the Property is developed, it shall be landscaped and developed substantially as shown on the exhibit entitled, "Zoning & Conditional Use Exhibit For Salem Road Self Storage" date 01/30/12, prepared by Kellam Gerwitz, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter referred to as the "Site Plan"). PROFFER 2: When the Property is developed, the exterior and building mounted signage of the Salem Road Self Storage building shown on the Site plan shall be substantially similar in appearance to and shall utilize the external building materials as designated on the exhibit entitled, "Sale Road Self Storage Elevations for B.C. Investments, LLC," dated January 30, 2012, prepared by G.M. Frech & Associates, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter referred to as the "Elevation Plan"). PROFFER 3: When the Property is developed, the freestanding sign shall be monument style, shall not exceed a height of twelve feet (12') and the base shall match the masonry utilized on the storage building depicted on the Elevation Plan. PROFFER 4: The only uses which are permitted on the Property in addition to or in place of the storage facility depicted on the Site Plan are uses which are permitted in the B -1A Limited Community Business District. PROFFER 5: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. STAFF COMMENTS: The proffers listed above are acceptable as they dictate the level of quality of the project. The City Attorney's Office has reviewed the proffer agreement dated January 30, 2012, and found it to be legally sufficient and in acceptable legal form. 9 l77 BC INVESt VlE�l' T— it Q AgOnda Item �',A 4 Pa4e 5 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. � -010011110 LVA i Item & 4 Page 6 C, Ile ct- orest - r7 L litL OWN 0 =IBM' Salem Lakes Blvd. s e�i W G y I Hilty � v ovoe w3m j s PROPOSED SITE PLAN BC INVESTMENTS, LLC'" Agenda Item 3 & 42 Page 8 W u� "R w }> PROPOSED SITE PLAN BC INVESTMENTS, LLC'" Agenda Item 3 & 42 Page 8 SALEM LAKES BLVD J 1998 APPROVED SITE LAYOUT BC INVESTMENTS, LLC Agenda Item 3 & 4 Page 9 SALEM ROAD RENDERING BC INVESTMENTS, LLC Agenda Item 3 & 4 n3 Page 10 a=�0 �a 4 i 04 L AERIAL PERSPECTIVE RENDERING BC INVESTMENTS, LLC Agenda Item 3 & 4 Page 11 SOUTH RENDERING BC INVESTMENTS, LLC Agenda Item 3 & 4 Page 12 ZONING HISTORY # DATE REQUEST ACTION 1 09/09/03 REZ PD -H1 to R -5D Granted 2 10/27/98 MOD & REZ (PD -H1 to Conditional B-2) Granted 11/24/92 CUP church Granted 3 07/09/90 REZ PD -H2 to P-1)Granted BC INVESTMENTS, LLC Agenda Item 3 & 4 Page 13 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) B.C. Investments, LLC, a Virginia limited liability company: William R. Burnette, Jr., Sole Member 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) RCC Salem Lakes 11, LLC: Roby Hackney, Ashby Hackney & Michael Palmore, Members; Salem Lakes II, LLC: 900 East Marshall Street Associates, LP, Member: Jack Hanky and Herman Beckstoffer, Partners 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 Modification of Conditions Application Page 10 of 11 DISCLOSURE STATEMENT 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) G.M. Frech, Architect Sykes, Bourdon, Ahem & Levy, P.C. Robert S. Kellam, Kellam Gerwitz Engineering I "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. B.C. In L stm�jnt�, C By; .r(,� /� William R. Burnette, Jr., Member Applicant's Signature Print Name RCC Salem L es C By; - - Ashby R. Hackney, Member Property Owner's Sign ure (if differ n than applicant) Print Name By: �R1lc, , c / ' Jack Hanky, Partner of 900 Fast Frnnv era Sirnietu Cd different an aDWicent) Marshall Street Associates, LP Member DISCLOSURE STATEMENT BC INVESTfi/IE14T. Agenda Item Pa C LC, K4 15 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) B.C. Investments, LLC: William R. Bumette, Jr., Sole Member 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) RCC Salem Lakes II, LLC: Roby Hackney, Ashby Hackney & Michael Palmore, Members; Salem Lakes II, LLC: 900 East Marshall Street Associates, LP, Member: Jack Hanky and Herman Beckstoffer, Partners 2. List all businesses that have a parent -subsidiary' or affiliated business earl 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 Conditional Use Permit Application Page 9 of 10 Revised 9/1/2004 DISCLOSURE STATEMENT BC INVES IM, ENTS Agenda Item Pa, 44 16 DISCLOSURE STATEMEN]JI 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) G.M. Frech, Architect Sykes, Bourdon, Ahem & Levy, P.C. Robert S. Kellam, Kellam Gerwitz Engineering I "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. nvestme , LIQ: William R. Burnette, Jr., Member Applicant's Signature Print Name RCC le L II, LL g : Ashby R. Hackney, Member Property owners gnature (if rent than applicant) Print Name _ .�]GPw.ili� / Jack Hanky, Partner of 900 Fast By: ,.rp RlnnAti�rw If iHerent th I' b Marshall Street Associates, LP Member DISCLOSURE STATEMENT BC INVE�TAIIE Agenda Item& 4 Pa�417 43: .'J Item #3 & 4 B.C. Investments, L.L.C. Modification of Proffers Conditional Use Permit East side of Salem Road District 7 Princess Anne April 11, 2012 REGULAR CONDITIONS 1. The outdoor storage area shall only be used for storing licensed and operable motor homes / recreational vehicles (RV's), watercraft, trailers, and motor vehicles. No construction equipment, dump trucks, towed vehicles, or materials of any kind shall be permitted to be stored within the area. 2. The outdoor storage yard shall be enclosed by the two types of fencing, the eastern wall of the storage building, and the gate, as depicted and described on the "Zoning & Condition Use Exhibit for Salem Road Self Storage" prepared by Kellam Gerwitz, dated 1/25/12. 3. The landscape screening and tree preservation depicted on the plan referenced in Condition 2 shall be installed substantially as depicted and described on said plan and shall be maintained in good condition and health at all times. 4. A photometric plan shall be submitted for review during detailed site plan review. The plan shall include the location of all poles and building mounted lighting fixtures, and the listing of lamp type, wattage, and type of fixture. 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. Lighting on the northern side of the property is of particular concern due to the adjacent residential areas. The lighting proposed for that side of the building shall not be installed until approved by the Department of Planning / Current Planning. 5. The hours of operation for the self -storage and outdoor storage area shall be 7:00 a.m. to 8:00 p.m. 6. The applicant shall install security cameras to provide surveillance of the outdoor storage area. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be Item #3 & 4 B.C. Investments, L.L.C. Page 2 recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: When the Property is developed, it shall be landscaped and developed substantially as shown on the exhibit entitled, "Zoning & Conditional Use Exhibit For Salem Road Self Storage" date 01/25/12, prepared by Kellam Gerwitz, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter referred to as the "Site Plan"). PROFFER 2: When the Property is developed, the exterior and building mounted signage of the Salem Road Self Storage building shown on the Site plan shall be substantially similar in appearance to and shall utilize the external building materials as designated on the exhibit entitled, "Sale Road Self Storage Elevations for B.C. Investments, LLC," dated January 30, 2012, prepared by G.M. Frech & Associates, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter referred to as the "Elevation Plan"). PROFFER 3: When the Property is developed, the freestanding sign shall be monument style, shall not exceed a height of twelve feet (12') and the base shall match the masonry utilized on the storage building depicted on the Elevation Plan. PROFFER 4: The only uses which are permitted on the Property in addition to or in place of the storage facility depicted on the Site Plan are uses which are permitted in the B -IA Limited Community Business District. PROFFER 5: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. STAFF COMMENTS: The proffers listed above are acceptable as they dictate the level of quality of the project. The City Attorney's Office has reviewed the proffer agreement dated January 30, 2012, and found it to be legally sufficient and in acceptable legal form. Item #3 & 4 B.C. Investments, L.L.C. Page 3 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 9 BERNAS AYE FELTON AYE HENLEY HODGSON AYE HORSLEY LIVAS AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE NAY 0 ABS 0 ABSENT 2 ABSENT ABSENT By a vote of 9-0, the Commission approved items 3 & 4. Eddie Bourdon appeared on behalf of the applicant. There was no opposition. BEa� t rs OF OUR NPZ���S In Reply Refer To Our File No. DF -8304 CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: April 27, 2012 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilso DEPT: City Attorney RE: Conditional Zoning Application; B.C. Investments, LLC The above -referenced conditional zoning application is scheduled to be heard by the City Council on May 8, 2012. 1 have reviewed the subject proffer agreement, dated January 30, 2012 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/ks Enclosure cc: Kathleen Hassen FIRST AMENDMENT TO PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS B.C. INVESTMENTS, LLC, a Virginia limited liability company RCC SALEM LAKES II, LLC, a Virginia limited liability company SALEM LAKES II, LLC, a Virginia limited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 30th day of January, 2012, by and between B.C. INVESTMENTS, LLC, a Virginia limited liability company, party of the first part, Grantor; RCC SALEM LAKES II, LLC, a Virginia limited liability company, and SALEM LAKES II, LLC, a Virginia limited liability company, together herein referred to as the party of the second part, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, party of the third part, Grantee. WITNESSETH: WHEREAS, the parties of the second part are the owners of that certain parcel of land. which is hereinafter referred to as the "Property" located in the Princess Anne District of the City of Virginia Beach, Virginia, containing approximately 2.256 acres. The Property is more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference; and WHEREAS, the party of the first part as contract purchaser of the Property 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 B-2 Commercial Zoning Classification applicable to approximately 2.157 acres of the Property; and GPIN: 1475-90-5719 Prepared By: R. Edward Bourdon, Jr., Esquire Sykes, Bourdon, Ahern & Levy, P.C. 281 Independence Blvd. Pembroke One, Fifth Floor Virginia Beach, Virginia 23462 1 WHEREAS, the Grantors have requested Grantee to permit this modification of the previously proffered Covenants, Restrictions and Conditions dated August 24, 1998 and recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 3975, at Page 2165 (hereinafter "1998 Proffers"), to reflect an amendment to the land use plan applicable to most of the Property; and WHEREAS, it is the intent of the Grantors that the proffered covenants, restrictions and conditions contained herein replace and supersede those contained in the 1998 Proffers, but only to the extent that they apply to the Property as herein described; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantors acknowledge that competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are ;not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantors' proposed modification of conditions to the zoning gives rise; and WHEREAS, the Grantors have 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 Grantors, their 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_uo. for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following amended declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their successors, personal representatives, assigns, grantees, and other successors in interest or title: 2 1. When the Property is developed, it shall be landscaped and developed substantially as shown on the exhibit entitled "ZONING & CONDITION USE EXHIBIT FOR SALEM ROAD SELF STORAGE" dated 01/30/12, prepared by Kellam Gerwitz, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter referred to as the "Site Plan"). 2. When the Property is developed, the exterior and building mounted signage of the Salem Road Self Storage building shown on the Site Plan shall be substantially similar in appearance to and shall utilize the external building materials as designated on the exhibit entitled "Salem Road Self Storage Elevations For B.C. Investments LLC", dated January 30, 2012, prepared by G.M. Frech & Associates, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter referred to as the "Elevation Plan"). 3. When the Property is developed, the freestanding sign shall be monument style, shall not exceed a height of twelve feet (12') and the base shall match the masonry utilized on the storage building depicted on the Elevation Plan. 4. The only uses which are permitted on the Property in addition to or in place of the storage facility depicted on the Site Plan are uses which are permitted in the B -1A Limited Community Business District. 5. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. The above conditions, having been proffered by the Grantors 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 3 advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantors covenant and agree that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory 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 the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantors and the Grantee. rd WITNESS the following signature and seal: Grantor: B.C. Investments, LLC, a Virginia limited liability company By. `l (SEAL) William R. Burnette, Jr., ember STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this 1St day of February, 2012, by William R. Burnette, Jr., Member of B.C. Investments, LLC, a Virginia limited liability company, Grantor. Notary Public My Commission Expires: August 31, 2014 Notary Registration No.: 192628 5 WITNESS the following signature and seal: Grantor: RCC Salem Lakes II,C, a Virginia limited liability company. ` P By: / ti- . �/ - v- v Ashby R. Hac ey, Member OF VIRGIJA CITY/`COUNTY a�r"a r , to -wit: . A The foregoing instrument was acknowledged before me this Sr day of February, 2012, Ashby R. Hackney, Member of RCC Salem Lakes II, LLC, a Virginia limited liability company, Grantor. Notary Public My Commission Expires: 4 " j. ) 0 Notary Registration Number: '`-) LL : REGI IRATION No' '• Z 4174858 MY COMM. EXPIRES; 0313112014 OpVFRG\N\P.'G ��''/ �OtARY Pv�����\\. 1.1 WITNESS the following signature and seal: Grantor: Salem Lakes II, LLC, a Virginia limited liability company By: goo East Marshall Street Associates, LP, Member Jack Hanky, Partner E OF X COUNTY 0 , to -wit: The foregoing instrument was acknowledged before me this day of February, 2012, by Jack Hanky, Partner of goo East Marshall Street Associates, LP, Sole Member of Salem Lakes II, LLC, a Virginia limited liability company, Grantor. Notary Public My Commission Expires: fiti—di � /T Notary Registration Number: z ILI .: REGIS <r •, tai 1RqTON t� O n�rc ae 8 z PU ��Gbp4kCI,kMF,k1iE����`t 7 EXHIBIT 4W ALL THAT certain tract, piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, being designated as Parcel 1 as shown on that certain plat entitled, "AMENDED SUBDIVISION OF PARCEL B-1, SALEM LAKES MARKETPLACE, VIRGINIA BEACH, VIRGINIA", dated November 6, 2oo8, and made by Engineering Services, Inc., said plat being recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number 200901050000069oo, to which reference is made for a more particular description. GPIN: 1475-90-5719 \\Sykesw2k\users\AM\Mod of Proffers\B.C. Investments\ist Amendment to Proffered Covenants.doc p h r r x a W m N m CL & 04 N G CL V O ems` CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: BILLY W. CHAPLAIN, Modification of Proffers and Modification of a Conditional Use Permit for Bulk Storage, both approved by City Council on August 14, 2001, and Conditional Use Permit for Automobile and Small Engine Repair, 849 & 853 Virginia Beach Boulevard (GPIN 2417862074). BEACH DISTRICT. MEETING DATE: May 8, 2012 ■ Background: First, the applicant requests modification of Proffer 1 of the Conditional Zoninq Agreement approved on August 14, 2001: "Although the Property shall be zoned B-2 Community Business District, the Property shall only be used as a bulk storage yard and building contractor yard. This use shall also be governed by the conditions of a Conditional Use Permit which limits the use to ten (10) years from the date of adoption by Grantee and further requires the Grantor to terminate the use prior to the end of the ten (10) year term in the event that: (a) The land on the adjacent property at 853 Virginia Beach Boulevard changes to something other than an automobile service and repair garage; or (b) The land use on the adjacent property to the south changes to something other than a residential trailer park." Second, applicant requests modification of Condition 7 of the Conditional Use Permit for a bulk storage yard for automobiles and building contractor items, as approved by the City Council on August 14, 2001: "This Conditional Use Permit is valid for ten (10) years from the date of City Council's approval or when one of the following occurs prior to the end of the ten (10) year term: a. The land use on the adjacent property at 853 Virginia Beach Boulevard changes to something other than an automobile service and repair garage; b. The land use on the adjacent property to the south changes to something other than a residential trailer park. If either (a) or (b) occurs, the Conditional Use Permit shall, at the sole discretion of the City of Virginia Beach, be revoked and rescinded upon thirty (30) days written notice to the land owner." Billy W. Chaplain Page 2of4 Third, the applicant requests a new Conditional Use Permit for Automobile and Small Engine Repair for the entire building located at 849-853 Virginia Beach Boulevard. Previously, the east side of the building was occupied by a silk screening business. That business has vacated the building, and the applicant would like to expand his repair business into that portion of the building. The Conditional Change of Zoning and Conditional Use Permit were approved by the City Council in 2001, each with a ten year time limit. The ten years expired in August 2011. The applicant became aware that the time limitation had expired, and thus, has applied to extend the time period for the uses on the site. The applicant included with his application a statement that the current economic conditions have hindered the much anticipated redevelopment of the adjacent residential mobile home park property to the south as well as this site. The applicant also states that uses on the site are limited due to the Air Installations Compatible Use Zones Overlay on the site. The site is located within a 70-75 dB DNL AICUZ. Due to these issues, the applicant requests that the time limit for the uses on the site be extended for an additional five years. ■ Considerations: The request for an extension of the time limit on the bulk storage use permit as well as the request to expand the automotive and small engine repair into the eastern side of the building is acceptable. As proffered, the bulk storage use is only intended as a temporary use. While it is acknowledged that the site is located on an entryway into the Oceanfront Resort, the area surrounding the subject site is not experiencing the type of redevelopment activity that is occurring to the north. 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 9-0, to recommend approval of this request to the City Council with the following proffers and conditions: MODIFIED PROFFER OF 2001 CONDITIONAL CHANGE OF ZONING PROFFER 1: "Although the Property shall be zoned B-2 Community Business District, the Property shall only be used as a bulk storage yard and building contractors yard. This use shall also be governed by the conditions of a Conditional Use Permit which limits the use to five (5) years from the date of adoption by Grantee and further requires the Grantor to terminate the use prior to the end of the five (5) year term in the event that: (a) The land on the adjacent property at 853 Virginia Beach Boulevard changes to something other than an automobile service and repair garage; or (b) The land use on the adjacent property to the south changes to something other than a residential trailer park." Billy W. Chaplain Page 3 of 4 MODIFICATION OF CONDITIONS OF CURRENT 2001 USE PERMIT 1. All conditions with the exception of Number 7 attached to the Conditional Use Permit granted by the City Council on August 14, 2001, shall remain in effect. 2. Condition Number 7 of the August 14, 2001 Conditional Use Permit is deleted and replaced with the following: "This Conditional Use Permit is valid for five (5) years from the date of City Council's approval or when one of the following occurs prior to the end of the five (5) year term: a. The land use on the adjacent property at 853 Virginia Beach Boulevard changes to something other than an automobile service and repair garage; b. The land use on the adjacent property to the south changes to something other than a residential trailer park. If either (a) or (b) occurs, the Conditional Use Permit shall, at the sole discretion of the City of Virginia Beach, be revoked and rescinded upon thirty (30) days written notice to the land owner. CONDITIONS OF NEW USE PERMIT 1. Parking for employees shall be met behind the building, not in the parking areas adjacent to Virginia Beach Boulevard and Washington Avenue. The area shall be improved with curb, gutter, and pavement. The applicant may request a deferral of on-site improvements, however in the minimum the parking area shall be improved with gravel and some means of delineation of the parking area. 2. Vehicles shall not maneuver directly (back out) into Virginia Beach Boulevard from the automotive repair bay. 3. All repair work shall be performed inside the building. 4. There shall be no outside storage of vehicles in a state of obvious disrepair. If vehicles in this condition require storage, then such vehicles shall be stored inside the building. 5. All wrecked, junked, and inoperative vehicles, debris, engine parts, and old tires shall be removed from the automotive / bulk storage area on the site. 6. Tires and rims for sale shall not be displayed outside of the building. 7. All used tires shall be stored in an area which is not visible from any adjoining property or right-of-way and maintained in a mosquito free environment. There shall be no more than 30 used tires stored on the site at any time. Billy W. Chaplain Page 4 of 4 8. Parking for employees shall be met behind the building, not in the parking areas adjacent to Virginia Beach Boulevard and Washington Avenue. The area shall be improved with curb, gutter, and pavement. The applicant may request a deferral of on-site improvements, however in the minimum the parking area shall be improved with gravel and some means of delineation of the parking area. 9. Vehicles shall not maneuver directly (back out) into Virginia Beach Boulevard from the automotive repair bay. 10. All repair work shall be performed inside the building. 11. There shall be no outside storage of vehicles in a state of obvious disrepair. If vehicles in this condition require storage, then such vehicles shall be stored inside the building. 12. All wrecked, junked, and inoperative vehicles, debris, engine parts, and old tires shall be removed from the automotive / bulk storage area on the site. 13. Tires and rims for sale shall not be displayed outside of the building. 14. All used tires shall be stored in an area which is not visible from any adjoining property or right-of-way and maintained in a mosquito free environment. There shall be no more than 30 used tires stored on the site at any time. 15. All signage on the site shall conform to the requirements of the City Zoning Ordinance. There shall be no other signs, neon signs or neon accents installed on any wall area of the building, on the windows and / or doors, light poles, or any other portions of the site. There shall be pennants, ribbons, streamers, spinners, strings of light bulbs, electronic display signs or other similar moving devices. 16. Category 1 landscape screening shall be installed along the eastern and southern property lines (particularly adjacent to the existing mobile home located to the south of the property). ■ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manage . S 1,'�, EACH rlul,lr * Billy W. Chaplain RT3 a , CCN LB �D RT3 1 V N►A8� • "AR � S D. 604 EA ftG%"% , ti _� y� t , a t CUP- Automobile 8 Small Eng/ne Repalrs 12 & 13 April 11, 2012 Public Hearing APPLICANT AND PROPERTY OWNER: BILLY W. CHAPLAIN STAFF PLANNER: Faith Christie REQUEST: Modification of Proffers approved by City Council August 14, 2001 Modification of a Conditional Use Permit for Bulk Storage approved by City Council August 14, 2001 Conditional Use Permit for Automobile and Small Engine Repairs ADDRESS / DESCRIPTION: 849 & 853 Virginia Beach Boulevard and 1608 Washington Avenue GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 24178620740000 BEACH 30,000 square feet 70-75 dB DNL SUMMARY OF REQUEST The Conditional Rezoning agreement approved on August 14, 2001, has three proffers. The applicant desires to modify Proffer 1: "Although the Property shall be zoned B-2 Community Business District, the Property shall only be used as a bulk storage yard and building contractor yard. This use shall also be governed by the conditions of a Conditional Use Permit which limits the use to ten (10) years from the date of adoption by Grantee and further requires the Grantor to terminate the use prior to the end of the ten (10) year term in the event that: (a) The land on the adjacent property at 853 Virginia Beach Boulevard changes to something other than an automobile service and repair garage; or (b) The land use on the adjacent property to the south changes to something other than a residential trailer park. " BILLY W. CHAPLAIN Agenda Item 12 & 13 Page 1 The Conditional Use Permit permitting a bulk storage yard for automobiles and building contractor items was approved by the City Council on August 14, 2001. The Conditional Use Permit has seven conditions. The applicant desires modification of Condition 7: "This Conditional Use Permit is valid for ten (10) years from the date of City Council's approval or when one of the following occurs prior to the end of the ten (10) year term: a. The land use on the adjacent property at 853 Virginia Beach Boulevard changes to something other than an automobile service and repair garage; b. The land use on the adjacent property to the south changes to something other than a residential trailer park. If either (a) or (b) occurs, the Conditional Use Permit shall, at the sole discretion of the City of Virginia Beach, be revoked and rescinded upon thirty (30) days written notice to the land owner." The applicant is also requesting a Conditional Use Permit for Automobile and Small Engine Repair for the entire building located at 849 1853 Virginia Beach Boulevard. Previously, the east side of the building was occupied by a silk screening business. That business has vacated the building, and the applicant would like to expand his repair business into that portion of the building. The applicant states that the current economic conditions have hindered the much anticipated re- development of the adjacent residential mobile home park property to the south as well as this site. The applicant also states that uses on the site are limited due to the Special Regulations in the Air Installations Compatible Use Zones overlay on the site. The site is located within a 70-75 dB Ldn AICUZ zone. Due to these issues the applicant is requesting that the time limit for this use on the site be extended for an additional five years. LAND USE AND PLAN INFORMATION EXISTING LAND USE: The site is occupied by a single -story commercial building, constructed in 1935, and a bulk storage yard, used for towed vehicles. Pavement extends from the building walls to the rights -of -ways lines along Virginia Beach Boulevard and Washington Avenue. The site is zoned RT -3 Resort Tourist and Conditional B-2 Community Business. SURROUNDING LAND North: . Virginia Beach Boulevard USE AND ZONING: . Across Virginia Beach Boulevard is the Beach Services Center / RT -3 Resort Tourist District South: . Mobile home park / A-12 Apartment District East: . Washington Avenue • Across Washington Avenue is automotive repair and a gun shop / RT -3 Resort Tourist District West: . A motel and mobile home park / RT -3 Resort Tourist District and A-12 Apartment District NATURAL RESOURCE AND There are no significant natural resources or cultural features associated CULTURAL FEATURES: with the site. COMPREHENSIVE PLAN: Urban Area - Resort Strategic Growth Area (SGA) The Comprehensive Plan designates this area of the City as Urban Area - Strategic Growth Area 8, Resort BILLY W. CHAPLAIN Agenda Item 12 & 13 Page 2 Area. The Resort Area is recognized as an area where revitalization efforts have and continue to transform the Resort Area into a major activity center with strong neighborhoods and increased economic growth. Further, the site is located in the Central Beach District of the Resort Area Strategic Action Plan (RASAP) and in proximity to the Convention Center. The area has great potential for future redevelopment associated with the Convention Center and potentially increased development opportunities resulting from light rail or some other form of rapid transit service, as is being studied in the Virginia Beach Transit Extension Study (VBTES), as well as from the new Oceanfront Resort District Form -Based Code, which is in draft. CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): The modification to the existing use permit and conditional zoning does not affect the traffic counts for the site. WATER and SEWER: This site is connected to City water and sewer. SCHOOLS: School populations are not affected by this request. EVALUATION AND RECOMMENDATION The request for an extension of the time limit on the bulk storage use permit as well as the request to expand the automotive and small engine repair into the eastern side of the building is acceptable. As proffered the bulk storage use is only intended as a temporary use. While this site is located on an entryway into the Oceanfront, this area is not experiencing the redevelopment activity that is occurring in the northern area of the Oceanfront. Staff recommends approval of the requested use permit for automotive and small engine repair and the modifications to the existing proffered zoning agreement and use permit for bulk storage, as proffered and conditioned below. MODIFIED PROFFERS PROFFER 1: "Although the Property shall be zoned B-2 Community Business District, the Property shall only be used as a bulk storage yard and building contractors yard. This use shall also be governed by the conditions of a Conditional Use Permit which limits the use to five (5) years from the date of adoption by Grantee and further requires the Grantor to terminate the use prior to the end of the five (5)) year term in the event that: (a) The land on the adjacent property at 853 Virginia Beach Boulevard changes to something other than an automobile service and repair garage; or (b) The land use on the adjacent property to the south changes to something other than a residential trailer park." BILLY W. CHAPLAIN Agenda Item 12 & 13 Page 3 MODIFICATION OF CONDITIONS OF EXISTING USE PERMIT 1. All conditions with the exception of Number 7 attached to the Conditional Use Permit granted by the City Council on August 14, 2001, shall remain in effect. 2. Condition Number 7 of the August 14 , 2001 Conditional Use Permit is deleted and replaced with the following: "This Conditional Use Permit is valid for teR (10) five 5 years from the date of City Council's approval or when one of the following occurs prior to the end of the ten (10) five 5 year term: a. The land use on the adjacent property at 853 Virginia Beach Boulevard changes to something other than an automobile service and repair garage; b. The land use on the adjacent property to the south changes to something other than a residential trailer park. If either (a) or (b) occurs, the Conditional Use Permit shall, at the sole discretion of the City of Virginia Beach, be revoked and rescinded upon thirty (30) days written notice to the land owner. CONDITIONS OF NEW USE PERMIT 1. Parking for employees shall be met behind the building, not in the parking areas adjacent to Virginia Beach Boulevard and Washington Avenue. The area shall be improved with curb, gutter, and pavement. The applicant may request a deferral of on-site improvements, however in the minimum the parking area shall be improved with gravel and some means of delineation of the parking area. 2. Vehicles shall not maneuver directly (back out) into Virginia Beach Boulevard from the automotive repair bay. 3. All repair work shall be performed inside the building. 4. There shall be no outside storage of vehicles in a state of obvious disrepair. If vehicles in this condition require storage, then such vehicles shall be stored inside the building. 5. All wrecked, junked, and inoperative vehicles, debris, engine parts, and old tires shall be removed from the automotive / bulk storage area on the site. 6. Tires and rims for sale shall not be displayed outside of the building. 7. All used tires shall be stored in an area which is not visible from any adjoining property or right-of-way and maintained in a mosquito free environment. There shall be no more than 30 used tires stored on the site at any time. 8. All signage on the site shall conform to the requirements of the City Zoning Ordinance. There shall be no other signs, neon signs or neon accents installed on any wall area of the building, on the windows and / or doors, light poles, or any other portions of the site. There shall be pennants, ribbons, streamers, spinners, strings of light bulbs, electronic display signs or other similar moving devices. 9. Category 1 landscape screening shall be installed along the eastern and southern property lines (particularly adjacent to the existing mobile home located to the south of the property). BILLY W. CHAPLAIN Agenda Item 12 & 13 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. BILLY W. CHAPLAIN Agenda Item 12 & 13 Page 5 AERIAL OF SITE LOCATION BILLY W. CHAPLAIN Agenda Item 12 & 13 Page 6 HIS IS TO CERTIFY THAT ON NOVEMBER 25 2011 1 SURVEYED THE PROPERTY SHOWN ON THIS PLAT ND THAT THE TITLE LINES AND WALLS OF THE BUILDINGS ARE AS SHOWN ON THIS PLAT. THE BUILDINGS STAND STRICTLY BTHIN THE TITLE LINES AND THERE ARE NO ENCROACHMENTS OF OTHER BUILDINGS ON THE PROPERTY EXCEPT AS SHOWN. o1ea: HIS SURVEY WAS PREPARED WITHOUT THE ENEFIT OF A TITLE REPORT. HIS SURVEY IS NOT INTENDED TO SHOW ANY ASEMENTS OTHER THAN SHOWN ON THE 'LAT OF RECORD, VIRGINIA BEACH BOULEVARD (80' RM) (17 th STREET) I I al 1 «ASWMII»I I 22.2' 1 .,O• 4 402 1 7 5 I 6 N� ,• .J 1 1 1 I 75Z 1 I sroR, 14 j METAL SHOD QQ Z In >£ W Q N .I fefNaOM }1 O T !� 25.1' 15 Doafh Y F- 7j a z a Z In = 3 16 -------------- 17 —._--_ --- --- 9.ure1 -----� pa.kng 18 ------------- i TH Op 19+ WILLIA C. 2 v GE ' ITZ Lfc. No. 15 9 0.7 20 I "4a NOW OR FORM£R� w 1 W I J VIRGINIA BEACH ANNEX NO. 1 \` ; MB 41, P 41 P„ r e properly DOES NOT hR w15a1 • S"" Flood —d&— as snows an Ila FEMA NFIP FIRM IM BIe . ry of w9ma Beau,, Commtpell' Pone Number 55310128F, doled M0114.2009. REF. MB 3, p 74 _PHYSICAL SURVEY Martin --Scali— 1'-30' Sherr Engineering LOTS 5-8 & LOTS 14-20, BLOCK 6, Dore 11/27/2011 1 coil sem rloa, I SUBDIVISION OF VIRGINIA BEAM NO. 2 ANNEX 10 ZI I -0S o/ 1 Hl FOR Owe CAD - CYd MCL YLeaw:s.:: BILLY W. CHAPLAIN cw,r uarw.aar a o►.F..o a. nsnsp.af VIRGINIA BEACH VIRGINIA ^e^" t>ay.ewrr PROPOSED SITE PLAN BILLY W. CHAPLAIN Agenda Item 12 & 13 Page 7 ZONING HISTORY # DATE REQUEST ACTION 1 8/14/01 3/27/01 8/11/92 Conditional Use Permit (Bulk Storage) Rezoning (A-12 Apartment to Conditional B-2 Business) Conditional Use Permit Automotive Repair) Approved Approved Approved 2 3/2/09 Alterations to a Nonconforming Use Approved 3 5/9/00 Rezoning A-12 Apartment to R5 -S Residential Approved 4 11/23/10 Rezoning A-12 Apartment to R5 -S Residential Approved 5 2/14/83 Street Closure Approved 6 10/24/05 Street Closure Approved The site was zoned C -G2 General Commercial and M-1-2 General Industrial until November 1973. From November 1973 to July 1977 the site was zoned B-2 Business and A-1 Apartment. From July 1977 to April 1988 the site was zoned C-1 Arts and Conference and A-1 Apartment. In April 1988 the site was zoned RT -3 Resort Tourist and A-12 Apartment. BILLY W. CHAPLAIN Agenda Item 12 & 13wG Page 8' S r 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) Billy W. Chaplain 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) firm, X Check here if the applicant is NOT a corporation, partnership, f 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 listifnecessary) 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 Conditional Use Permit Application Page 9 of 10 Revised g/1!2004 DISCLOSURE STATEMENT BILLY W. CHAPLAIN Agenda Item 12 & 13 Page 9 FE7�: 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) Sykes, Bourdon, Ahern & Levy, P.C. artin Engineering, Inc. ' "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 photpgraph and view the site for purposes of processing and evaluating this application. pplican s Sig ture Print Property Owner's Signature (if different than applicant) Print Name conditional Use Permit Application Page 10 of 10 Revised 7/3/2007 DISCLOSURE STATEMENT BILLY, W. CHAPLAIN Agenda Item 12 & 13 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) Billy W. Chaplain 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) X 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 entity, relationship with the applicant: (Attach list if necessary) ❑ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes Modification of Conditions Application Page 10 of 11 Revised 9/12004 DISCLOSURE STATEMENT BILLY W. CHAPLAIN Agenda Item 12 & 13 Page 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) Sykes, Bourdon, Ahern & Levy, P.C. Martin Engineering, inc. ' "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. 7 "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. ApplicantJ Sign uW Print N e Property Owner's Signature (if different than applicant) Print Name Modification of Conditions Application Page 11 of 11 Revised 7312007 DISCLOSURE STATEMENT BILLY.W. CHAPLAIN Agenda Item 12 & 13 Page 12 Item #12 & 13 Billy W. Chaplain Modification of a Conditional Use Permit Modification of the Proffers of a Change of Zoning 849 & 853 Virginia Beach Boulevard District 6 Beach April 11, 2012 CONSENT An application of Billy W. Chaplain for a Modification of Proffers approved by City Council on August 14, 2001; and Modification of Conditional Use Permit for Bulk Storage approved by City Council on August 14, 2001; Conditional use Permit for Automobile and Small Engine Repair on property located at 849 & 853 Virginia Beach Boulevard and 1608 Washington Avenue, District 6, Beach. GPIN: 2417-86-2074-0000. MODIFIED PROFFERS PROFFER 1: -Although the Property shall be zoned B-2 Community Business District, the Property shall only be used as a bulk storage yard and building contractors yard. This use shall also be governed by the conditions of a Conditional Use Permit which limits the use to five (5) years from the date of adoption by Grantee and further requires the Grantor to terminate the use prior to the end of the five (5) year term in the event that: (a) The land on the adjacent property at 853 Virginia Beach Boulevard changes to something other than an automobile service and repair garage; or (b) The land use on the adjacent property to the south changes to something other than a residential trailer park." MODIFICATION OF CONDITIONS OF EXISTING USE PERMIT 1 All conditions with the exception of Number 7 attached to the Conditional Use Permit granted by the City Council on August 14, 2001, shall remain in effect. 2 Condition Number 7 of the August 14, 2001 Conditional Use Permit is deleted and replaced with the following: "This Conditional Use Permit is valid for ten (10) five 5 years from the date of City Council's approval or when one of the following occurs prior to the end of the ten (10) five (5) year term: 3 The land use on the adjacent property at 853 Virginia Beach Boulevard changes to something other than an automobile service and repair garage; 4 The land use on the adjacent property to the south changes to something other than a residential trailer park. Item #12 & 13 Billy W. Chaplain Page 2 If either (a) or (b) occurs, the Conditional Use Permit shall, at the sole discretion of the City of Virginia Beach, be revoked and rescinded upon thirty (30) days written notice to the land owner. CONDITIONS OF NEW USE PERMIT Parking for employees shall be met behind the building, not in the parking areas adjacent to Virginia Beach Boulevard and Washington Avenue. The area shall be improved with curb, gutter, and pavement. The applicant may request a deferral of on-site improvements, however in the minimum the parking area shall be improved with gravel and some means of delineation of the parking area. CONDITIONS OF NEW USE PERMIT Vehicles shall not maneuver directly (back out) into Virginia Beach Boulevard from the automotive repair bay. 2 All repair work shall be performed inside the building. There shall be no outside storage of vehicles in a state of obvious disrepair. If vehicles in this condition require storage, then such vehicles shall be stored inside the building. 4 All wrecked, junked, and inoperative vehicles, debris, engine parts, and old tires shall be removed from the automotive / bulk storage area on the site. 5 Tires and rims for sale shall not be displayed outside of the building. 6 All used tires shall be stored in an area which is not visible from any adjoining property or right- of-way and maintained in a mosquito free environment. There shall be no more than 30 used tires stored on the site at any time. 7 All signage on the site shall conform to the requirements of the City Zoning Ordinance. There shall be no other signs, neon signs or neon accents installed on any wall area of the building, on the windows and / or doors, light poles, or any other portions of the site. There shall be pennants, ribbons, streamers, spinners, strings of light bulbs, electronic display signs or other similar moving devices. 8 Category 1 landscape screening shall be installed along the eastern and southern property lines (particularly adjacent to the existing mobile home located to the south of the property). 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. Item #12 & 13 Billy W. Chaplain Page 3 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 9-0, the Commission approved item 12 & 13 for consent. Eddie Bourdon appeared on behalf of the applicant. There was no opposition. AYE 9 NAY 0 ABS 0 ABSENT 2 BERNAS AYE FELTON AYE HENLEY ABSENT HODGSON AYE HORSLEY ABSENT LIVAS AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE By a vote of 9-0, the Commission approved item 12 & 13 for consent. Eddie Bourdon appeared on behalf of the applicant. There was no opposition. In Reply Refer To Our File No. DF -8314 TO: Mark D. Stiles FROM: B. Kay Wilson r CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: April 27, 2012 DEPT: City Attorney DEPT: City Attorney `RE: Conditional Zoning Application; Billy W. Chaplain The above -referenced conditional zoning application is scheduled to be heard by the City Council on May 8, 2012. 1 have reviewed the subject proffer agreement, dated March 1, 2012 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/ks Enclosure cc: Kathleen Hassen FIRST AMENDMENT TO PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS BILLY W. CHAPLAIN TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 1St day of March, 2012, by and between BILLY W. CHAPLAIN, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, the Grantor is the owner of that certain parcel of property located in the Beach District of the City of Virginia Beach, Virginia, containing approximately .613 acres, which is more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference said 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 May 22, 2oo1 and recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 4483, at Page oo85 (hereinafter "2001 Proffers"), to reflect amendments applicable to the land use plan on the Property; and GPIN: 2417-86-2074 (Partial) Prepared By: R. Edward Bourdon, Jr., Esquire PREPARED BY: Sykes, Bourdon, Ahern & Levy, P.C. 281 Independence Blvd. OM SULS, ROURIDON, Pembroke One, Fifth Floor Oil A11ERN & L1 VY, P.C. Virginia Beach, Virginia 23462 1 PREPARED BY: SYKES, BOURDON, IM9 AHERN & LEVY, P.C. 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 competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantor's proposed modification of conditions to the zoning 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 quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following amended declaration of conditions and restrictions which, along with the unchanged covenants, conditions and restrictions set forth in the 2001 Proffers 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 numbered 1 as set forth in the 2001 Proffers is deleted and the following covenant, restriction and condition is proffered in its place: 1. Although the Property shall be zoned B-2 Community Business District, the Property shall only be used as a bulk storage yard and building contractors yard. This use shall also be governed by the conditions of a Conditional Use Permit which limits the terms of the use to five (5) years from the date of adoption by Grantee and further 2 PREPARED BY: OM SYK£S, BOURN®N, IBM ANERN & LEVY, P.C. requires the Grantor to terminate the use prior to the end of the five (5) year term in the event that: (a) the land use on the adjacent property at 853 Virginia Beach Boulevard changes to something other than a automobile service and repair garage; or (b) the land use on the adjacent property to the south changes to something other than a residential trailer park. 2. Except for the modification by replacement of Proffer numbered 1, the remaining proffered covenants, restrictions and conditions as set forth in the "2001 Proffers" are hereby ratified and affirmed. 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. The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, 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; 3 PREPARED BY: W.M SYK£S. BOURDON, MR AHERN & LEVY, P.C. (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 the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantors and the Grantee. U WITNESS the following signature and seal: Grantor: SEAL Billy W. Chaplai STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this 5th day of March, 2012, by Billy W. Chaplain, Grantor. n Notary Public My Commission: Expires: August 31, 2014 Notary Registration Number: 192628 PREPARED BY: Q : SYKES. ROURIDON, M AHERN & LEVY. P.C. 5 PREPARED BY: M SULS, BOURID®N, MU AURN & LWY, R.0 EXHIBIT "A" ALL THOSE certain lots, pieces or parcels of land, situate, lying and being in the Lynnhaven Magisterial District, City of Virginia Beach (formerly Princess Anne County), Virginia, known, numbered and designated upon a plat of Virginia Beach Annex No. 2, dated July 31, 1905, and recorded in Map Book 3, at Page 24, in the Clerk's Office of the Circuit Court of the City of Virginia Beach, (formerly Princess Anne County), Virginia, as Lots 14, 15, 16, 17, 18, 19 and 20 in Block 6, reference to said plat for a more particular description of said lots. GPIN: 2417-86-2074 (Partial) H:\AM\Mod of Proffers\Chaplain\ist Amendment to Proffers.doc Col owl,L%oill r'YA : R �Hu CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CORNERSTONE BIBLE CHURCH, INC. / KROLL ENTERPRISES, Conditional Use Permit, church, 2180 McComas Way, Suite 101 (GPIN 2404977494). PRINCESS ANNE DISTRICT. MEETING DATE: May 8, 2012 ■ Background: The site consists of a one-story 20,100 square foot condominium office building located along the eastern property line. The applicant requests a Conditional Use Permit for the purpose of using the northernmost unit of the building for religious services. The unit consists of 6,820 square feet of floor area. ■ Considerations: The church is compatible with other office uses within the building and will not negatively impact any neighboring properties. The proposed use for this site as a church will not add significantly more traffic beyond that of the current uses, and there will not be any traffic issues due to the proposed use. The site plan depicts 116 parking spaces. The Zoning Ordinance requires only 60 parking spaces for a church with 300 seats. The remaining 13,280 square feet of office use requires 40 parking spaces. Based on the fact that the proposed church has peak operational hours different from traditional business hours, staff finds that the site's 116 parking spaces are sufficient for the church and the other users in the building. The applicant is required to obtain a Certificate of Occupancy from the Department of Planning / Permits and Inspections Division, which will ensure that all Building Code and Fire Code requirements are met. 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 9-0, to recommend approval of this request to the City Council with the following conditions: The applicant shall obtain all necessary permits and inspections from the Planning Department / Permits and Inspections Division and the Fire Department. The applicant shall obtain a Certificate of Occupancy for the change of use from the Building Office. Cornerstone Bible Church, Inc. Page 2of2 2. There shall be no more than 300 individuals, or the maximum number of individuals approved by the Building and Fire Officials, whichever is less, within the suite at any one time. ■ 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: re"t PRINCESS ANNE L;ornerstone Dime Lnurcn, inc. _ R10 R20 82; rbAreu 2 Unit B1A" �1 fir= \--`.'' � :✓ � � � 02� ��, t t f,� —moo Nt 0 PKVV B4' 10*' 3 X118' l/! R20 %f2. CUP - /or Religious Use REQUEST: Conditional Use Permit (Religious Use) 9 April 11, 2012 Public Hearing APPLICANT: CORNERSTONE BIBLE CHURCH, INC. PROPERTY OWNER: KROLL ENTERPRISES, INC. STAFF PLANNER: Leslie Bonilla ADDRESS / DESCRIPTION: 2180 McComas Way, Suite 101 GPIN: ELECTION DISTRICT: SITE SIZE: 24049774940000 PRINCESS ANNE 2.4 acres LEASE SPACE: 6,820 AICUZ: 65 to 70 dB DNL Sub Area 2 The applicant requests a Conditional Use Permit to allow a SUMMARY OF REQUEST religious use within a unit of an existing office building. The applicant will purchase a 6,820 square foot suite which is located in a 20,100 square foot condominium office building. Religious services are held on Sunday from 9:00 a.m. to 12:30 p.m. Smaller gatherings such as fellowship service or bible study occur throughout the week. Fifteen to twenty individuals usually attend each service held throughout the week. There is one full-time and two part-time staff members. The church would like to have a maximum of 300 individuals attending Sunday morning services and it is anticipated that multiple services will be held to accommodate all 300 members. The site consists of a one-story building located along the eastern property line. The proposed church is located within the northernmost suite. One hundred and sixteen parking spaces are located west of the building and the applicant is not proposing any exterior building modifications or changes to the site layout. CORNERSTONE BIBLE CHURCH, INC. Agenda Item 9 Page 1 LAND USE AND PLAN INFORMATION EXISTING LAND USE: Commercial/office building SURROUNDING LAND North: . Strawbridge Elementary School / R-20 Residential District USE AND ZONING: South: . McComas Way • Offices / 0-2 Office District East: . Mini -warehouse facility / B -1A Limited Community Business District West: . Princess Anne Recreation Center / R-20 Residential District NATURAL RESOURCE AND There are no known significant natural resources or cultural features CULTURAL FEATURES: associated with this site. The site is completely developed. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area of the City as Suburban Area and contains policies to guide and protect the overall character, economic value, and aesthetic quality of the stable neighborhoods in the Suburban Area. The plan also reinforces suburban characteristics of commercial centers and other non-residential areas that make-up part of the Suburban Area. Three key planning principles have been established in the Comprehensive Plan to guard against possible threats to this stability: preserve neighborhood quality, create and protect open spaces, and connect suburban mobility. CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): McComas Way is a two-lane local street, with a 60 -foot right-of-way width in front of this site. At its western end, McComas way intersects with Nimmo Parkway, which is a four -lane major suburban arterial with variable -width right of way, and which is currently under construction. The CIP project (CIP # 2.121) for Nimmo Parkway will extend the roadway to Holland Road. The eastern portion of McComas Way is a private roadway which intersects General Booth Boulevard. No CIP projects are currently scheduled for either McComas Way or this portion of General Booth Boulevard. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume McComas Way No Data 26,300 ADT (Level of Existing Land Use —75 Available Service "D") ADT Proposed Land Use 3_, 1 Nimmo Parkway No Data 34,900 ADT (Level of Available Service "D") ADT General Booth 34,700 ADT 34,900 ADT (Level of Boulevard Service "D" Average Daily Trips s as defined by 6,820 square feet gross floor area of general office building 3 as defined by 6,820 square feet gross floor area of church CORNERSTONE BIBLE CHURCH, INC. Agenda Item 9 Page 2 WATER & SEWER: The site currently connects to city water and sewer. FIRE: This is a change of use. The applicant must obtain a Certificate of Occupancy from the Building Official prior to occupying the building. EVALUATION AND RECOMMENDATION The proposed church use is located within an Air Installation Compatible Use Zone (AICUZ) of 65 to 70 dB DNL. Churches and related facilities are considered compatible; however, the applicant must ensure compliance with noise level reduction features as set forth in the Virginia Uniform Statewide Building Code. The church is compatible with other office uses within the building and should not negatively impact any neighboring properties. The proposed use for this site as a church does not appear to add significantly more traffic beyond what the site is currently used as, and there should not be any traffic safety or flow issues due to the proposed use. The site plan depicts 116 spaces. Based on the fact that the proposed church has peak operational hours different from traditional business hours, staff finds that the site's 144 parking spaces located on-site are sufficient for this use and the others in the system. The Zoning Ordinance requires only sixty (60) parking spaces for a church with 300 seats. The remaining 13,280 square feet of office uses requires forty (40) parking spaces. The site's one hundred and sixteen (116) spaces, therefore, is more than is what is required by the Zoning Ordinance for the proposed religious use and other office uses on site. The applicant will be required to obtain an occupancy permit from the Department of Planning / Permits and Inspections Division, which will ensure that all Building Code and Fire Code requirements are fulfilled. Thus, this application is recommended for approval subject to the conditions listed below. Staff recommends approval of this request with the conditions below CONDITIONS 1. The applicant shall obtain all necessary permits and inspections from the Planning Department / Permits and Inspections Division and the Fire Department. The applicant shall obtain a Certificate of Occupancy for the change of use from the Building Office. 2. There shall be no more than 300 individuals, or the number of individuals approved by the Building and Fire Officials, whichever is less, on the site at any one given time. CORNERSTONE BIBLE CHURCH, INC. Agenda Item 9 Page 3 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. CORNERSTONE BIBLE CHURCH, INC. Agenda Item 9 Page 4 AERIAL OF SITE LOCATION ��1Ntti• cs�A CORNERSTONE BIBLE CHURCH, INC. ,Agenda Item 9 Page 5 vp pF a u R NN"x�N ti a b aW z Z z �`S�t •��\ '�', r 2rui3�k^ U�a�'"�_.xi ro ^t Z. p, ���h� gs 8� ��RWyy t8§ SITE PLAN CORNERSTONE BIBLE CHURCH, INC. Agenda Item 9 Page 6 , OUR NAY S✓ 200.10' Exhibit A Unit Convertible Space Suite 101 6,820 Sq. Ft. Suite 105 100.10' UNIT 4 g SUITE // 13 (3,904 50. FT) 100.10' 30.519' 26.00' n O t� 6 ,UNI I n h aMe y y 57UAIB/17ED ARM , tp j �p J p (2,667 S0. FT) 3Q50' 16.00' BUILDING FLOOR PLAN CORNERSTONE BIBLE CHURCH, INC. Agenda Item 9 Page 7 'PIs `:`;4;p;z✓,=�,,.�-:�`5 O�NAt� Lav PHOTOGRAPH OF SITE �N1A-IWA CORNERSTONE BIBLE CHURCH, INC. .Agenda Item 9 Page 8 PRINCESS ANNE N111 Cornerstone Bible Church, Inc. I to 9 IF ! / ! oJ6 ' o N1MVAhCW7y11 p PKW B4* A18- _-- FO DB2; 'Zoning with Conditions Proffers. Open C UP - for Religious Use Space Promotion or PDH-2 Overlays ZONING HISTORY CORNERSTONE BIBLE CHURCH, INC.TG� DATE REQUEST ACTION 1 03/10/20 Modification of Proffers Approved O NPY,O. 09 Use Permit (indoor recreation) Approved 03/10/20 Rezoning (0-2 to B-2) Approved 09 Rezoning (R-20 to 0-2) Approved 10/26/19 Use Permit (self storage facility) Denied 93 Use Permit (indoor recreational facility) Denied 05/24/19 89 02/24/19 86 02/24/19 86 03/14/20 Rezoning (O-2 to Conditional 0-2 with modified conditions) Approved 00 01/11/20 Use Permit (church) Approved 00 Rezoning (0-2 to Conditional A-12) Withdrawn 12/09/19 97 10/12/19 Rezoning 13-1A to Conditional B -1A with modified proffers) Approved CORNERSTONE BIBLE CHURCH, INC.TG� Agenda Item 9 ? �' Page 9�_ O NPY,O. CORNERSTONE BIBLE CHURCH, INC. Agenda Item 9 Page 10 99 Rezoning (0-2 to Conditional 13-1A) Approved 03/24/19 98 05/25/19 Rezoning (AG-1/AG-2 & R-20 to Conditional A-18) Approved 99 02/10/19 Use Permit (church) Approved 98 08/14/20 Modifof Proffers ication Approved 01 Rezoning (0-2 to Conditional 13-1A) Approved 08/14/20 Use Permit (self storage facility) Approved 01 Use Permit (tower) Approved 12/07/19 99 10/26/19 93 10/26/19 Rezoning (O-2 to R-20) Approved 93 05/28/19 Street Closure Approved 91 CORNERSTONE BIBLE CHURCH, INC. Agenda Item 9 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) Z_�Illacv 0++Snarzj FrLm{ UtCf - XSid'ow -T _ 1 :- 5f I.�r — 1 rer,&.Jtr� Tor�c� f �U icri►lcv►s - Jrcc f c �wY �� /cr 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) N 1A F] 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) L"ll n�rrDfists 1nU �z� y A. roll. �(`L56G(GtT 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) F]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 eplqoyee of ACity 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? Conditional Use Permit Application Page 9 of 10 Revised 7/32007 DISCLOSURE STATEMENT CORNERSTONE BIBLE CHURCH, JINC. Agenda Item 9 Page 11 11 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) r p TLtct�InimCf ��i �5�/VYM ¢ (•✓akc-I-r�/t� i tS g 4-T iIf �/14rrbn'Sr s �(r Qv �t ►Gni Robtr� L. ir,.�{-4rsmc.�, pL.: �t�ar�s �a( �sfz�{c "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at 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. Z—�� ��C4 Applicant'sure Print NanYe 12 Property Own isi re lf different than applicant) Print Name Krell ,,-,4a1ptjsec k. conditional Use Permit Application Page 10 of 10 Revised 7/3/2007 DISCLOSURE STATEMENT CORNERSTONE BIBLE CHURCH, INC. Agenda Item 9 Page 12 Item #9 Cornerstone Bible Church, Inc. Conditional Use Permit 2180 McComas Way, Suite 101 District 7 Princess Anne April 11, 2012 CONSENT An application of Cornerstone Bible Church, Inc. for a Conditional Use Permit (religious use) on property located at 2180 McComas Way, Suite 101, District 7, Princess Anne. GPIN: 2404-97- 7494-0000. CONDITIONS 1. The applicant shall obtain all necessary permits and inspections from the Planning Department / Permits and Inspections Division and the Fire Department. The applicant shall obtain a Certificate of Occupancy for the change of use from the Building Office. 2. There shall be no more than 300 individuals, or the number of individuals approved by the Building and Fire Officials, whichever is less, on the site at any one given time. 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 9 NAY 0 ABS 0 ABSENT 2 BERNAS AYE FELTON AYE HENLEY ABSENT HODGSON AYE HORSLEY ABSENT LIVAS AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE Item #9 Cornerstone Bible Church, Inc. Page 2 THORNTON AYE By a vote of 9-0, the Commission approved item 9 by consent. Pastor Stacy Potts, the applicant, appeared before Commission. There was no opposition. NU �C y4] i M CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: SENTARA HOSPITALS AND MPB, INC., Change of Zoning District Classification from A-12 Apartment and R-15 Residential to Conditional 0-2 Office, 800 and 816 Independence Boulevard (GPINs 1478548255 and 1478536832). Comprehensive Plan — Suburban Area. Use: offices and medical facilities. BAYSIDE DISTRICT. MEETING DATE: May 8, 2012 ■ Background: The subject site is primarily zoned A-12 Apartment; a section of the site adjacent to N. Witchduck Road is zoned R-15 Residential. A hospital was constructed on the site in January 1975. Expansions to the hospital and the construction of a separate medical office building have occurred since. On August 4, 2011, the hospital patient beds, as well as the majority of the staff and functions of the hospital were transferred to Sentara Princess Anne Hospital. The Bayside facility, which is now referred to as Sentara Independence, is still being used by Sentara for a variety of medical uses that are contained within approximately 12 percent of the total floor area. Those uses consist of the Emergency Department, an Imaging Center, an Infusion Center, a Pharmacy, and a Sleep Study Center. These uses were part of the former Bayside Hospital, and have been retained at this location to serve the surrounding area. The Sleep Study Center is being slightly expanded to enhance the ability to of the Center to serve the region, as it has always done. ■ Considerations: The applicant proposes to use the remaining floor area of Sentara Independence for Sentara's Information Technology Department and Sentara's Data Center, both of which are low intensity uses from a land use perspective but are highly valued uses from an economic development perspective. Beyond these two uses, there will be additional space in the building that will be used as offices for other Sentara entities. For Sentara to proceed with these proposed new uses within the building, the zoning category that governs the site must be changed to 0-2 Office District. The prior use of the site as a hospital was acceptable in the A-12 Apartment District. The proposed new uses, however, are not allowed in the A-12 Apartment or R-15 Residential District; therefore, the applicant is requesting a Conditional Change of Zoning to 0-2 Office. The request to change the zoning on the site from A-12 Apartment and R-15 Residential to Conditional 0-2 Office is appropriate and consistent with the recommendations of the Comprehensive Plan for the Suburban Area. All of the building modifications necessary for the new uses will occur inside the building. The applicant has proffered that there will be no changes to the exterior, other than a possible expansion to the parking lot, which Sentara Hospitals and MPB, Inc. Page 2 of 2 would occur between the existing parking lot at the front of the building and the public library to the north. 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 9-0, to recommend approval of this request to the City Council with the following proffer: The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: The improvements on the Property shall not be expanded or substantially modified from their configuration and status as of February 1, 2012, provided however additional parking that otherwise meets the requirements of the applicable City Codes may be provided. STAFF COMMENTS: Staff requested, and the applicant volunteered to provide, this proffer to ensure that any future changes to the building or site would require this Conditional Rezoning to be modified. Thus, any modifications in the future will require approval of the City Council. The City Attorney's Office has reviewed the proffer agreement dated January 31, 2012, 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 �M City Manager: S.� BAYSIDE N1.1, F-; Sentara Hospitals and MPB, Inc. t"' e oor - B2 g?o' •zp.;"p.pn cp.anwpY°^"^^. op." Conditional Zoning Change from A 128 R 15 to Conditional 02 Space P.o.mci® e. PlYN�i OwrYyc 10 April 11, 2012 Public Hearing APPLICANT AND PROPERTY OWNER: SENTARA HOSPITALS AND MPB, INC. STAFF PLANNER: Stephen J. White REQUEST: Conditional Change of Zoning (A-12 Apartment and R-15 Residential to 0-2 Office) ADDRESS / DESCRIPTION: 800 and 816 Independence Blvd. GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 1478548255;1478536832 BAYSIDE 3.5 acres Less than 65 dB DNL SUMMARY OF REQUEST The subject site was developed for a hospital in January 1975. Expansions to the hospital and the construction of a separate medical office building have occurred since. On August 4, 2011, the hospital patient beds, as well as the majority of the staff and functions of the hospital were transferred to Sentara Princess Anne Hospital. The Bayside facility, which is now referred to as Sentara Independence, is still being used by Sentara for a variety of medical uses that are contained within approximately 12 percent of the total floor area. Those uses consist of the Emergency Department, an Imaging Center, an Infusion Center, a Pharmacy, and a Sleep Study Center. These uses were part of the former Bayside Hospital, and have been retained at this location to serve the surrounding area. The Sleep Study Center is being slightly expanded to enhance the ability to of the Center to serve the region, as it has always done. The applicant proposes to use the remaining floor area for Sentara's Information Technology Department and Sentara's Data Center, both of which are low intensity uses from a land use perspective but are highly valued uses from an economic development perspective. Beyond these two uses, there will be additional space in the building that will be used as offices for other Sentara entities. For Sentara to proceed with these proposed new uses within the building, the zoning categories that govern the site must be changed to 0-2 Office District. The prior use of the site as a hospital was acceptable in the A-12 Apartment District. The proposed new uses, however, are not allowed in the A-12 Apartment or R-15 Residential District; therefore, the applicant is requesting a Conditional Change of Zoning to 0-2 Office. SENTARA HOSPITALS AND MPB, INC. Agenda Item 10 Page 1 LAND USE AND PLAN INFORMATION EXISTING LAND USE: Multi -story medical facilities and offices, parking areas, and associated infrastructure. SURROUNDING LAND North: . Bayside Library / A-12 Apartment and R-10 Residential Districts USE AND ZONING: South: . N. Witchduck Road Retail Commercial / B-2 Community Business District Professional offices / A-12 Apartment District Pembroke Meadows Elementary School / P-1 Preservation District • Old Donation Church / R-15 and R-20 Residential Districts (Historic and Cultural Overlay District) East: . Single-family homes / R-10 and R-20 Residential Districts West: . Independence Boulevard Multi -family dwellings / A-18 Apartment District NATURAL RESOURCE AND The site is developed with building and pavement surfaces. There are CULTURAL FEATURES: areas of landscaped vegetation, including a wide buffer area between the rear parking area and the adjacent residential neighborhood. There are no known significant natural resources or historic features on the site. The site, however, is adjacent to Old Donation Church. COMPREHENSIVE PLAN: Suburban Area CITY SERVICES TRAFFIC: The proposed use of the building for an Information Technology / Data Center, combined with the uses remaining from the former use of the building as a hospital will result in a decreased impact on the transportation system in the area than that resulting from the hospital. Data Center use is low impact in nature. WATER AND SEWER: The site is connected to City water and sewer systems. EVALUATION AND RECOMMENDATION Staff recommends approval of this request to change the zoning on the site from A-12 Apartment and R- 15 Residential to Conditional 0-2 Office. With the move of hospital functions previously located in Sentara Bayside Hospital to Sentara Princess Anne Hospital, Sentara is proposing new uses of the building, now referred to as Sentara Independence, for Information Technology / Data Center operations. The zoning on the site, while sufficient for the hospital, will not permit the reuse as proposed. The 0-2 Office District will permit Sentara to proceed. All of the building modifications necessary for the new uses will occur inside the building. The applicant has proffered that there will be no changes to the exterior, other than a possible expansion to the parking lot, which would occur between the existing parking lot at the front of the building and the public library to the north. SENTARA HOSPITALS AND MPB, INC, Agenda Item 10 Page 2 Approval of the Conditional Change of Zoning from A-12 Apartment and R-15 Residential to Conditional 0-2 Office is recommended for approval with the proffer below. PROFFER The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: The improvements on the Property shall not be expanded or substantially modified from their configuration and status as of February 1, 2012, provided however additional parking that otherwise meets the requirements of the applicable City Codes may be provided. STAFF COMMENTS: Staff requested, and the applicant volunteered to provide, this proffer to ensure that any future changes to the building or site would require this Conditional Rezoning to be modified. Thus, any modifications in the future will require approval of the City Council. The City Attorney's Office has reviewed the proffer agreement dated January 31, 2012, and found it to be legally sufficient and in acceptable legal form. SENTARA HOSPITALS AND MPB,INC. Agenda Item 10 Page 3 HIEW USES . IMIO'�il-E j PHARMACY caa � r..� ""`«lf4& USE,,.. c—� (15,795 SF) AVAILABLE J EMERGENCY W DATACENTER ❑ TENANT N.P. (_1,a00SF) (11,0505F) (*31,5005F) (*10,3805F) I AVAILABLE SENTARA INDEPENDENCE Virgins 8—h, Virginia PROPOSED INTERIOR USES (FIRST FLOOR) a SENTARA HOSPITALS AND MPB, INC.: Agenda Item 10 Page 5 TENANT (*1,9505F) caa � r..� i Q�1 AVAILABLE J EMERGENCY ❑ (*10,3805F) I AVAILABLE It11,9655F) AVAILABLE (K000 SF) c IMAGING (*36,0]0 5F) SENTARA INDEPENDENCE Virgins 8—h, Virginia PROPOSED INTERIOR USES (FIRST FLOOR) a SENTARA HOSPITALS AND MPB, INC.: Agenda Item 10 Page 5 TENANT (*1,9505F) caa � r..� FITNESS CENTER (11,6505n Q�1 J EMERGENCY DEPARTMENT (*10,3805F) I / SENTARA INDEPENDENCE Virgins 8—h, Virginia PROPOSED INTERIOR USES (FIRST FLOOR) a SENTARA HOSPITALS AND MPB, INC.: Agenda Item 10 Page 5 PROPOSED INTERIOR USES (SECOND FLOOR) SENTARA HOSPITALS AND MPB, INC. c? Agenda Item 10 z Page 6 z ,,14, , a YSI DE INS G t `Zoning with Conditions, Proffers. open Conditional Zoning Change from A 12 & R15 to conatrionai Space Promotion or PDH -2 Overlays ZONING HISTORY # DATE I REQUEST ACTION 1 07/01/1997 Use Permit (car wash) Approved SENTARA HOSPITALS AND MPB, INC. Agenda Item 10 Page 7 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) SEE ATTACHMENTS 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) SEE ATTACHMENTS ❑ 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 0 No ✓❑— If yes, what is the name of the official or employee and the nature of their interest? O conditional Rezoning Application Page 11 of 12 Revised 11/162006 DISCLOSURE STATEMENT SENTARA HOSPITALS AND MPB, INC. Agenda Item 10 Page 8 DISCLOSURE STATEMENT ATTACHMENT FOR PARCEL 1-C ]. Applicant name: MPB, Inc., a Virginia corporation Officers: Robert Broermann — President and Treasurer Jeffrey P. King — Secretary Directors: David L. Bernd - Chairman Robert Broermann Howard P. Kern 2. Parent -subsidiary and affiliated business entities: Parent — Sentara Enterprises, which is itself wholly-owned by Sentara Healthcare Affiliated business entities: Sentara Medical Group Sentara Hospitals Sentara Life Care Corp. DISCLOSURE STATEMENT ATTACHMENT FOR PARCEL 1-D 1. Applicant name: Sentara Hospitals, a Virginia corporation, successor by merger to Sentara Bayside Hospital Officers: Howard P. Kern — President Robert Broermann — Treasurer Jeffrey P. King — Secretary Directors: David L. Bernd - Chairman Howard P. Kern Robert Broermann Kenneth M. Krakaur 2. Parent -subsidiary and affiliated business entities: Parent — Sentara Healthcare Subsidiaries — Sentara Princess Anne Hospital Affiliated business entities: Sentara Medical Group Sentara Life Care Corp. Sentara Enterprises MPB, Inc. DISCLOSURE STATEMENT SENTARA HOSPITALS AND MPB, INC. Agenda Item 10 Page 9 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) 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. 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. / Sentara Hospitals 5�w — By: Howard P. Kem, President Applicant's Signature Print Name MPB, Inc. Applicant's Signature By: Robert Broermann, President Print Name conditional Rezoning Application Page 12 of 12 Revised 713/2007 DISCLOSURE STATEMENT SENTARA HOSPITALS AND MPB, 1NC. Agenda Item 10 Page 10 ADDITIONAL DISCLOSURE ATTACHMENT The following is a list of known contractors and businesses that have or will provide services with respect to the requested property use: Willcox & Savage, P.C. Innovate Architecture & Interiors, Inc. Compo Construction Company RG Electric Company, Inc. E.T. Gresham Company, Inc. Turner Construction Company Hourigan Construction Vanasse Hangen Brustlin, Inc. 1-1080242.1 DISCLOSURE STATEMENT SENTARA HOSPITALS AND MPB, INC. Agenda Item 10 Page 11 COMMONWEALTH OF VIRGINIA STATE CORPORATION COMMISSION May 17, 1996 The State Corporation Commission has found the accompanying articles submitted on behalf of SENTARA HOSPITALS (FORMERLY SENTARA BAYSIDE HOSPITAL ) to comply with the requirements of law, and confirms payment of all related fees. Therefore, it is ORDERED that this CERTIFICATE OF AMENDMENT AND RESTATEMENT be issued and admitted to record with the articles of amendment in the Office of the Clerk of the Commission, effective May 17, 1996 at 08:03 AM. The corporation is granted the authority conferred on it by law in accordance with the articles, subject to the conditions and restrictions imposed by law. AMENACPT CIS20436 96-05-15-0007 0 STATE CORPORATION COMMISSION ^' By - 110. / Commissioner DISCLOSURE STATEMENT SENTARA HOSPITALS AND MPB, INC. Agenda Item 10 Page 12 Item #10 Sentara Hospitals and MPB, Inc. Change of Zoning District Classification 800 and 816 Independence Boulevard District 4 Bayside April 11, 2012 CONSENT An application of Sentara Hospitals and MPB, Inc. for a Conditional Change of Zoning from A- 12 Apartment and R-15 Residential to 0-2 Office District on property located at 800 and 816 Independence Boulevard, District 4, Bayside. GPIN: 1478-54-8255-0000; 1478-53-6832-0000. PROFFER The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: The improvements on the Property shall not be expanded or substantially modified from their configuration and status as of February 1, 2012, provided however additional parking that otherwise meets the requirements of the applicable City Codes may be provided. STAFF COMMENTS: Staff requested, and the applicant volunteered to provide, this proffer to ensure that any future changes to the building or site would require this Conditional Rezoning to be modified. Thus, any modifications in the future will require approval of the City Council. The City Attorney's Office has reviewed the proffer agreement dated January 31, 2012, and found it to be legally sufficient and in acceptable legal form. AYE 9 NAY 0 ABS 0 ABSENT 2 BERNAS AYE FELTON AYE HENLEY ABSENT HODGSON AYE HORSLEY ABSENT LIVAS AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE Item # 10 Sentara Hospitals and MPB, Inc. Page 2 THORNTON AYE By a vote of 9-0, the Commission approved item 10 by consent. Steve Davis appeared on behalf of the applicant. There was no opposition. In Reply Refer To Our File No. DF -8311 TO: Mark D. Stiles FROM: B. Kay Wilson% CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: April 27, 2012 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; Sentara Hospitals and MPB, Inc. The above -referenced conditional zoning application is scheduled to be heard by the City Council on May 8, 2012. 1 have reviewed the subject proffer agreement, dated January 31, 2012 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/ks Enclosure cc: Kathleen Hassen Prepared by Warren L. Tisdale Willcox & Savage, P.C. 440 Monticello Avenue, Suite 2200 Norfolk, VA 23510-2243 AGREEMENT THIS AGREEMENT (the "Agreement") is made as of this 31 st day of January, 2012 by and between SENTARA HOSPITALS, a Virginia nonstock corporation, the owner of the parcel designated as Parcel 1-D on Exhibit A attached hereto, MPB, INC., a Virginia corporation, owner of the parcel designated as Parcel 1-C on Exhibit A, the current owners of that certain combined property located at the intersection of Witchduck Road and Independence Boulevard in Virginia Beach, Virginia (collectively referred to hereinafter as "Grantor"), which combined property is more particularly described in Exhibit A and incorporated herein by reference (the "Property"), and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (hereinafter referred to as "Grantee"). WITNESSETH: WHEREAS, the Grantor has initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia ("Zoning Map"), by petition addressed to the Grantee, so as to change the classification of the Property from A-12 and R-15 to Conditional 0-2; 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 competing and sometimes incompatible uses conflict, and that in order to permit differing uses on and in the area of the subject Property and at the same time to recognize the effects of the change and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned 0-2 are needed to cope with the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the Grantor has voluntarily proffered in writing in advance of and prior to the public hearing before the Grantee, as part of the proposed conditional amendment to the Zoning Map, in addition to the regulations provided for in the existing 0-2 zoning district by the existing City's Zoning Ordinance ("CZO"), the following reasonable conditions related to the physical GPIN NOS.: 14785482550000, 14785368320000 1 development, operation and use of the Property to be adopted as a part of said amendment to the new Zoning Map relative to the Property, all of which have a reasonable relation to the rezoning and the need for which is generated by the rezoning; and WHEREAS, said conditions having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are 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 subject Property at the time of recordation of such instrument; provided, further, that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of the ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2-2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. NOW THEREFORE, the Grantor, for itself, its successors, 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 of quid pro quo for zoning, rezoning, site plan, building permit or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation and use of the Property and hereby covenant and agree that these proffers (collectively, the "Proffers") shall constitute covenants running with the said Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its heirs, personal representatives, assigns, grantees and other successors in interest or title, namely: 1. The improvements on the Property shall not be expanded or substantially modified from their configuration and status as of February 1, 2012, provided however 2 I-1079208.2 additional parking that otherwise meets the requirements of the applicable City Codes may be provided. 2. Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during any detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to zoning districts and to regulations applicable thereto, refer to the CZO in force as of the date the conditional zoning amendment is approved by the Grantee. The Grantor covenants and agrees that (a) the Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (b) the failure to meet all conditions shall constitute cause to deny the issuance of any required building or occupancy permits as may be appropriate; (c) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the CZO or this Agreement, the Grantor shall petition the governing body for review thereof prior to instituting proceedings in court; and (d) the Zoning Map shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Department of Planning and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantor and Grantee. [SIGNATURE PAGE FOLLOWS) Kj I-1079208.2 IN WITNESS WHEREOF, THE UNDERSIGNED GRANTOR EXECUTES THIS AGREEMENT AS OF THE DATE FIRST WRITTEN ABOVE. GRANTOR: MPB, INC. a Virginia corporation By;� �Roert A. Broermann, President SENTARA HOSPITALS a Virginia nstock corporation By: �IcIA-11-- Howard P. Kern, President COMMONWEALTH OF VIRGINIA CITY OF or C=OI l , to -wit: The foregoing instrument was sworn to andns� owledged before me this day of �ank , 2012, by Robert A. BroermYP rsonally known o or has produced identific ion, and who signed in his capacitde o Inc. irgi is corporation. ublic My Commission Expires: ripH 3�i 9,01 - \ Registration Number: Zj3ob2 COMMO T QF VIRGINIA CITY OF 6� O � F , to -wit: S} The foregoing instrument was sworn to and acknowledged before me this _ day of g g _1�b YWa 2012, by Howard P. Kern, who is r nally known to me or has produced identificati , and who signed in his capacity as re dent of Sentara o itals, a Virginia nonstock corporation. n Not y Public My Commission Expires:� l 30, 20 14 Registration Number: ZI 7 4 I-1079208.2 EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY PARCEL 1-D ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, situate, lying and being in the city of Virginia Beach, Virginia, and known, numbered and designated as Parcel 1-D, 14.442 Acres, as shown on that certain plat entitled "RESUBDIVISION OF PARCEL 1-B AND REMAINING PORTION OF PARCEL B 1 SUBDIVISION OF 11.524 ACRE TRACT (BAYSIDE HOSPITAL SITE) AND PARCELS 1 & 2 AS SHOWN ON PHYSICAL SURVEY OF PARCEL B 1, AS SHOWN ON PLAT ENTITLED `PLAT SHOWING STREET WIDENING AND EASEMENT DEDICATIONS' FOR EXTENDICARE PROPERTIES, INC., (M.B. 117, PG. 38) BAYSIDE BOROUGH VIRGINIA BEACH, VIRGINIA", made by Baldwin & Gregg, Ltd., which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia (the "Clerk's Office") in Map Book 185, page 33 (the "Property"). LESS, SAVE AND EXCEPT that portion of the Property conveyed by Deed of Take by the City of Virginia Beach for 1.5 acres to be used for the Bayside Library and Police Precinct as recorded in the Clerk's Office of the; Circuit Court of the City of Virginia Beach, Virginia in Deed Book 4549 at Page 469 and as shown in Map Book 291 at Page 41. TOGETHER, with all and singular, the estate, rights, privileges, easements and appurtenances belonging to or in any way pertaining to the Property. TOGETHER, with all right, title and interest of Grantor in and to (i) all public streets, roads, avenues, alleys and passageways, open or proposed in front of or abutting the property and (ii) any award made or to be made and any unpaid reward for damage to the Property, by reason of any change of grade of any such street, road, avenue, alley or passageway. IT BEING the same property conveyed to Sentara Bayside Hospital, a Virginia nonstock corporation, by deed from Extendicare Properties, Inc., a Delaware corporation, dated July 31, 1991 and recorded August 1, 1991 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 3006 at page 1569. PARCEL 1-C ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, and known, numbered and designated as Parcel 1-C, 3.507 Acres, as shown on that certain plat entitled "RESUBDIVISION OF PARCEL 1-B AND REMAINING PORTION OF PARCEL B 1 SUBDIVISION OF 11.524 ACRE TRACT (BAYSIDE HOSPITAL SITE) AND PARCELS 1 & 2 AS SHOWN ON PHYSICAL SURVEY OF PARCEL B 1, AS SHOWN ON PLAT ENTITLED `PLAT SHOWING STREET WIDENING AND EASEMENT DEDICATIONS' FOR EXTENDICARE 5 1-1079208.2 PROPERTIES, INC., (M.B. 117, PG. 38) BAYSIDE BOROUGH VIRGINIA BEACH, VIRGINIA", made by Baldwin & Gregg, Ltd., which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia (the "Clerk's Office") in Map Book 185, page 33 (the "Property"). TOGETHER, with all and singular, the estate, rights, privileges, easements and appurtenances belonging to or in any way pertaining to the Property. TOGETHER, with all right, title and interest of Grantor in and to (i) all public streets, roads, avenues, alleys and passageways, open or proposed in front of or abutting the property and (ii) any award made or to be made and any unpaid reward for damage to the Property, by reason of any change of grade of any such street, road, avenue, alley or passageway. IT BEING the same property conveyed to MPB, Inc., a Virginia corporation, by deed from Humana of Virginia, Inc., a Virginia corporation, dated July 31, 1991 and recorded August 1, 1991 in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 3006 at page 1566. 0 1-1079208.2 nsu be k yh� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance Approving Application of the CITY OF VIRGINIA BEACH for the Closure of an unimproved portion of Holly Road DISTRICT 6 - BEACH MEETING DATE: May 8, 2012 ■ Background: The City of Virginia Beach (the "Applicant" or "City") requests the closure, discontinuance and abandonment of an unimproved portion of Holly Road at the intersection with Laskin Road. ■ Considerations: The City purchased 5,810.26 square feet of land for right-of-way purposes from Vintage Investment Corporation by deed dated April 14, 1994. A portion of the property was developed as Holly Road, but the remainder was left vacant. This vacant portion consists of 2,511 sq. ft. (0.058 acre) (the "Right -of -Way to be Vacated") and is located adjacent to a lot located at 408 Laskin Road (GPIN 2418-92-6002 and former site of Frankie's Place for Ribs) owned by Yardarm Holdings, LLC ("Yardarm"). The City, however, needs 1,777 square feet of additional right-of-way for the Laskin Road Gateway project from the property to the north of the Right -of -Way to be Vacated, which is also owned by Yardarm (GPIN 2418-92-5169). Accordingly, the City and Yardarm reached an agreement, subject to City Council approval, for the conveyance of the Right -of -Way to be Vacated to Yardarm in exchange for the portion of the Yardarm property the City needs for the Laskin Road Gateway project. Staff does not envision that the Right -of -Way to be Vacated will ever be improved as a road. Viewers have reviewed this proposal and determined that there is no current or future need for this portion of right-of-way. Closure of the Right -of - Way to be Vacated will not result in any public inconvenience. There was no opposition to the request for the street closure. Staff notes that the Staff Report and Planning Commission minutes show four conditions for the street closure. Condition three was amended to address the possibility of public improvements existing in the Right -of -Way to be Vacated and condition five was added to address the above described exchange agreement. This matter was deferred from the December 13, 2011 Council date. ■ Recommendations: The Viewers and Staff have no objection to the closure and recommended approval of this request subject to the conditions. 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 as amended: The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. No purchase price shall be charged in this street closure, however, because the City is both the owner of the underlying fee and the applicant seeking this street closure. 2. The Applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcel. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The Applicant shall verify that no private utilities or existing public improvements exist within the right-of-way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of-way proposed for closure. If private utilities or public improvements do exist, easements satisfactory to the utility company and the City must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. 5. The Applicant shall not record the resubdivision plat unless and until the City and Yardarm have executed an exchange agreement for the property interests needed from Yardarm and the City and Yardarm are ready, willing and able to close on the transaction. ■ Attachments: Staff Review with Disclosure Statements, Location Map, Ordinance, Summary of Terms, Planning Commission Minutes Recommended Action: Staff recommended approval. PI nning Commission recommended approval. Submitting Department/Agency: Planning Department City Manager: A ) A'!2 92 A O RT3* 1 g ' lenMp C«�tl�Foro PrdM.. (yrn 5px. a PpN.. Un.br. lR0 •txYw RwrlC MgOn�b� Cite of Virginia Beach It P3 a rT3 ._. ROAO `ASK1N 1 � R 1+ •+ ,T Street Closure • Potion of Holly Road 18 November 9, 2011 Public Hearing APPLICANT: CITY OF VIRGINIA BEACH STAFF PLANNER: Leslie Bonilla REQUEST: Discontinuance, closure and abandonment of a portion of Holly Road located adjacent to 408 Laskin Road ADDRESS / DESCRIPTION: Property located on the east side of Holly Road, north of the intersection of Laskin Road. GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: Adjacent to property at: BEACH 2,511 square feet Less than 65 dB DNL 24189260020000 SUMMARY OF REQUEST The applicant requests the closure, discontinuance and abandonment of a portion of unpaved right-of- way for the purpose of incorporating it into the adjoining vacant lot located at 408 Laskin Road. When land was acquired for the Laskin Road Gateway project, the City ended up with excess right-of-way adjacent to property located at 408 Laskin Road and owned by Yardarm Holdings, LLC. The City, however, needs additional right-of-way for the Laskin Road Gateway project from the property to the north (GPIN: 2418-92-5169) which is also owned by Yardarm Holdings, LLC. An exchange has been suggested because the same property owner owns both properties. The excess right-of-way adjacent to 408 Laskin Road is not needed and is proposed to be closed in exchange for the right -way that needs to be acquired from the property to the north (GPIN: 2418-92-5169). It should be noted that this request only deals with the request to close the portion of right-of-way adjacent to 408 Laskin Road. The City's Public Works Department will continue work to acquire additional portions of right -a -way needed for the Laskin Road Gateway project. CITY OF VIRGINIA BEACH Agenda Item 18 Page 1 LAND USE AND PLAN INFORMATION EXISTING LAND USE: Unpaved right-of-way SURROUNDING LAND North: . Vacant land / A-12 Apartment District USE AND ZONING: South: . Laskin Road • Across Laskin Road is a gas station, & retail establishments / RT -3 Resort Tourist District East: . Vacant land, office/retail buildings & multi -family dwellings / RT - 3 Resort Tourist District West: . Holly Road • Across Holly Road is an office/retail building / RT -3 Resort Tourist District NATURAL RESOURCE AND There are no significant natural resources or cultural features associated CULTURAL FEATURES: with this site. IMPACT ON CITY SERVICES PUBLIC WORKS: Public Works supports the street closure. WATER& SEWER: Public Utilities does not object to the street closure. PRIVATE UTILITES: Private Utilities has no objections to the proposed street closure. EVALUATION AND RECOMMENDATION The portion of the right-of-way proposed for closure is largely part of an unpaved and unimproved portion of Holly Road. Staff does not envision that this portion of Holly Road will ever be improved as part of the Laskin Road Gateway project or used as part of Holly Road right-of-way. Viewers have reviewed this proposal and determined that there is no current or future need for this portion of right-of-way. Closure of the right-of-way will not result in any public inconvenience. Therefore, the Viewers and Staff have no objection to the closure and recommend approval of this request subject to the conditions below. CITY OF VIRGIN-iA BEA Agenda Item Pan CONDITIONS The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. No purchase price shall be charged in this street closure, however, because the City is both the owner of the underlying fee and the applicant seeking this street closure. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company, must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. NOTE. Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. 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. CITY OF VIRGINIA BEACH Agenda Item 1.8 Page 8 . co OZ ?� e, sK; r ? y9► .fir _� ��• �. �,WIN" • H4TCH 160AID "TES AREA OF R/W L � 1 HEREBY ✓Aa70 s£E nro/E /8 (WU /1) EY STM 20' ALLEY ,uBS PG. 151 _ 100.010' DYSTAMG R/W P/N (SET) PTN (0 NOW OR fO4Y£RLr WA V, LLC. MSTR 1200511090 0182-W O 0[8.26, P0.41 CPdY./2418-91-s181 W - P!N (F) h h HOW OR PORVERLY CAROL C LEM 7RL67EE LAROL C LEHN Rt'kV A8'E TRL67 A157R.1200508010118758 M.8.26, P641 M.8.5, PG. 151 GPNJ12418-92-7074 HOLE (F) 10.00' EX15W RI'W LASKIN ROAD MST SMEM 619'," u85, PL: 151 0 v q PW AWI (F) O 4 PROPOSED STREET CLOSURE PLAN CITY OF VIRGINIA BEACH Agenda Item 18 Page 5 •: S 8 Op SVR NPZ�N ' ! M 3 W \ 2 (�' :.•,.. ,• � Com'' m '.. '.: ' •• • '. MMM AUAM UC AM M.1200711140715MJI90 X.151 i . .. .. .: 6PAV.12418-91-6002 AREA OF R/W z hMY VACATED •.'. 1,511 S0. FT. o OR 0.058 ACRES E 'L2. 50.00' 5 76'0918 W 20' ALLEY ,uBS PG. 151 _ 100.010' DYSTAMG R/W P/N (SET) PTN (0 NOW OR fO4Y£RLr WA V, LLC. MSTR 1200511090 0182-W O 0[8.26, P0.41 CPdY./2418-91-s181 W - P!N (F) h h HOW OR PORVERLY CAROL C LEM 7RL67EE LAROL C LEHN Rt'kV A8'E TRL67 A157R.1200508010118758 M.8.26, P641 M.8.5, PG. 151 GPNJ12418-92-7074 HOLE (F) 10.00' EX15W RI'W LASKIN ROAD MST SMEM 619'," u85, PL: 151 0 v q PW AWI (F) O 4 PROPOSED STREET CLOSURE PLAN CITY OF VIRGINIA BEACH Agenda Item 18 Page 5 Op SVR NPZ�N vl JWm re—A-440—A-10-192ND STEXT 55 CW194ez7 6D'I/W CpWhPi A1W WOW Yas rc,al t 1'1 N X14 N Tb7N i6)1C�(a'SIAG R/k ��. !i1 ,arr . s�• • .Fill �. prprylrw I -,�.5_Y% 9.yy' r 3 75:f3'u' A 7AiJ�D rar 3 4N.71 f%63' /7 of 0641 415.!9 Jr.pr o O rc 1.[30' arw d• favMMr City plans on acquiring this land in exchange for W 94 N land highlighted below. O x ► $ AWW MXOOW'x UC m +W fR/2"1114W15JOW MRS. K151 , 63'N/7418-97-510 i7 � �'T�i 4 +45.47 2.. PJ 10 IATI CA :P9�[7rir 1N( M AWOM 14 C " �, 4vs]R/xtli1,91C19lIW YeS. Ic,37 »ti N A.cw.»su � C'lPX,9�AL6V AY 5 76Y87'6' M Damn Fjr f419' f4 /d 4)n' 4 r i vv M AM 07'1 .01 FG J57 JG6'Q7 n6nw P,9r 1- 1� saw, ,w r56) nv �J Q w»COD r•7ara,r � h WA v u.c � JMS/R/X176J1(tR75Ra/ r t $ $ YR1d 1�4, riW,04 f6 -F) -blot ! g 1 �.•' _ �� Y MIsom"""M"C V i i 1�". M$7A/.tV7f } f1�75JDSA7 Y8S AC!31 a P"7v,/7416 9J 6CCC' 4M M'MM" r Dl OF C UW 7AWJZT• COU 6 [fW AFRID rI INWt X wslFfr•vlalar.+ YP.7f6" W t7 Y84 i 751 � Ate' MtlIR17 fYt1./N1rI A7 R'p4 �•sZanXr7. _ a6' am AM att40A.M88 C)Eril;6fFlF ' Saar awe Aare Pl aForx 16r wk m r %67A'•ib- 0 Oa4•Alri• ky)r — I.ASM ROAD p1x sxml Y1C ,R` 7C. t5r PLAN SHOWNING LAND TO BE ACQUIRED (Through a Separate Process) CITY OF VIRGINIA BEACH Agenda Item 18 Page 6 BEACH Map Not to SC 2 82 RG L L• LRG LRG LRG L I. G LRG LRG LRG lRG L L RG LR LRG LRG L G LRC LRG RG LRG LRG LRG' LRG LRG L LRG LRG LRG L RG L LRG LRG LRG 11, L RG LRG RG LRG LRG L G LG LRG LRG_ LRG -_LRG LRG RG, LRG LRG L YLG Sf R040 LRb LA RG LRG l of 1I1iii•tsini•a RP-arh till T Va • as `aaaaa.♦ yv���� LRG U- LRG .. _ .. _. �Mp .T _ -- RG LRG R L LRG LRG LRG LRG l l - G LRG R L LRG LRO R^p L G LRG L LR LRO I L LRG L R< R LRG LRG 1. L LRG LRO LRO LI LR LRG LR RG LRG LR LF RG LRG LF I_RG LRG L LF RG F' L' LRG LRG LRO t - RG - - - LRG LRG LRD F_. ) L LRG LRG LRG I LRG L, LRO LRG LRG I '._RG LF;;:_ LRG LRG LRG LRG U. LjLRG LRG LRG LRO LFP+ ' _ RG LRC LF : - LRG -_:' LRG-tRCr LF: F' _-� RpA ID 1.ASK, - LF LR' t 5 LPG LRG LRG L L G � p NR 1 .Y RG LRG LRG L-J�T�' F& LRG LRG LRG LRG LRG LRG LR LRG LRS LRG iv 'Zoning with Conditions Proffers. Open Space Promotion or PDH -2 Ove rbys LRC; - Las kin Road l'ireway Overby Street Closure - Portion of Holly Roar ZONING HISTORY # DATE REQUEST ACTION 1 08/10/2010 Conditional Use Permit (Drive -Through of Financial Institution Granted 2 02/24/2009 Conditional Use Permit (Eating & Drinking RT Granted 3 07/11/2006 Rezoning A-12 to Conditional RT -3 Granted CITY OF VIRGINIA BEACH Agenda Item 18 Page 7 E=4 PQ EMN4 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) City of Virginia Beach - A Municipal Corporation 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) N/A 0 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) N/A 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) N/A 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? Street Cbsure Application Page 10 of 11 Revised 7/3107 DISCLOSURE STATEMENT CITY OF VIRGINIA BEACH Agenda Item 18 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 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 Pla Hing to togreph and view the site for purposes of processing and evaluating this application. -poky, t.1- . Applicants Signature Print Name Property Owner's Signature (if different than applicant) Street closure Application Pape 11 of 11 Revised 7/3/07 Print Name �I DISCLOSURE STATEMENT CITY OF VIRGINIA BEACH Agenda Item 18 Page 9 Item #18 City of Virginia Beach Discontinuance, closure and abandonment of a portion of Holly Road adjacent to 408 Laskin Road East side of Holly Road, north of the intersection of Laskin Road District 6 Beach November 9, 2011 CONSENT An application of the City of Virginia Beach for a discontinuance, closure and abandonment of a portion of Holly Road located adjacent to 408 Laskin Road, District 6, Beach. GPIN: 2418-92-6002-0000. CONDITIONS 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. No purchase price shall be charged in this street closure, however, because the City is both the owner of the underlying fee and the applicant seeking this street closure. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company, must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way this approval shall be considered null and void. NOTE. Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. 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 11 NAY 0 ABS 0 ABSENT 0 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE 1 ORDINANCE APPROVING APPLICATION OF THE 2 CITY OF VIRGINIA BEACH FOR THE CLOSURE OF 3 AN UNIMPROVED PORTION OF HOLLY ROAD 4 DISTRICT 6 - BEACH 5 6 WHEREAS, the City of Virginia Beach (the City) acquired certain 7 property now comprising a portion of Holly Road in the City of Virginia Beach for right - 8 of -way purposes from Vintage Investment Corporation on April 14, 1994; and 9 10 WHEREAS, a portion of this right-of-way property (the Right -of -Way 11 Property"), described below, has remained unimproved and is no longer needed by the 12 City for right-of-way or other purposes; and 13 14 WHEREAS, the City applied to the Council of the City of Virginia Beach, 15 Virginia, to have the Right -of -Way Property discontinued, closed, and vacated; and 16 17 WHEREAS, the Right -Way -Property is located adjacent to the property 18 known as 408 Laskin Road (GPIN 2418-92-6002) owned by Yardarm Holdings, LLC 19 ("Yardarm"); and 20 21 WHEREAS, the City needs to acquire additional right-of-way for the 22 Laskin Road Gateway Project Phase 1A (CIP 2-143) from property located to the north 23 of the Right -of -Way Property and identified as GPIN 2418-92-5169, which is also owned 24 by Yardarm; and 25 26 WHEREAS, the City and Yardarm have entered into an Exchange 27 Agreement dated April 11, 2012 (the "Exchange Agreement") in accordance with the 28 Summary of Terms attached hereto as Exhibit "A" for the City's acquisition of right -of - 29 way from Yardarm (GPIN 2418-82-5169) in exchange for the Right -of -Way Property, 30 subject to the approval of the Council of the City of Virginia Beach; and 31 32 WHEREAS, it is the judgment of the Council that the Right -of -Way 33 Property be discontinued, closed, and vacated, subject to certain conditions having 34 been met on or before one (1) year from City Council's adoption of this Ordinance, and 35 conveyed to Yardarm as part of a land exchange in accordance with the Exchange 36 Agreement. 37 38 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of 39 Virginia Beach, Virginia: 40 41 42 43 GPIN: City right-of-way no GPIN assigned 44 Adjacent to 2418-92-6002 1 45 46 SECTION 1 47 48 That the hereinafter described Right -of -Way Property be discontinued, 49 closed and vacated, subject to certain conditions being met on or before one (1) year 50 from City Council's adoption of this ordinance: 51 52 All that certain piece or parcel of land situate, lying and being 53 in the City of Virginia Beach, Virginia, designated and 54 described as "Hatched Area of R/W To Be Vacated 55 Containing 2,511 Sq. Ft. Or 0.058 Acres" on the "Exhibit 56 Showing a Closure of a Portion of Holly Road", a copy of 57 which is attached hereto as Exhibit B. 58 59 60 SECTION II 61 62 The following conditions must be met on or before one (1) year from City 63 Council's adoption of this ordinance: 64 65 1. The City Attorney's Office will make the final determination regarding 66 ownership of the underlying fee. The purchase price to be paid to the City is normally 67 determined according to the "Policy Regarding Purchase of City's Interest in Streets 68 Pursuant to Street Closures," approved by City Council. Copies of said policy are 69 available in the Planning Department. No purchase price shall be charged to the City in 70 this street closure, however, because the City is both the owner of the underlying fee 71 and the Applicant seeking this street closure. 72 73 2. The City shall re -subdivide the property and vacate internal lot lines to 74 incorporate the closed area into the adjoining parcel, known as 408 Laskin Road GPIN 75 2418-92-6002. The plat must be submitted and approved for recordation prior to final 76 street closure approval. 77 78 3. The City shall verify that no private utilities or existing public 79 improvements exist within the right-of-way proposed for closure. Preliminary comments 80 from the utility companies indicate that there are no private utilities within the right -of - 81 way proposed for closure. If private utilities or public improvements do exist, easements 82 satisfactory to the utility company and the City must be provided. 83 84 4. Closure of the right-of-way shall be contingent upon compliance with 85 the above stated conditions within one (1) year of approval by City Council. If all 86 conditions noted above are not in compliance and the final plat is not approved within 87 one (1) year of the City Council vote to close the street, this approval will be considered 88 null and void. 89 90 5. The City shall not record the resubdivision plat unless and until the City 91 and Yardarm have executed the Exchange Agreement for the property interests needed 92 from Yardarm and the City and Yardarm are ready, willing and able to close on the 93 transaction. 94 95 96 SECTION III 97 98 1. If the preceding conditions are not fulfilled on or before May 9, 2013, 99 this Ordinance will be deemed null and void without further action by the City Council. 100 101 2. If all conditions are met on or before May 9, 2013, the date of final 102 closure is the date the street closure ordinance is recorded by the City Attorney. 103 104 3. The City Manager or his designee is authorized to execute whatever 105 documents are necessary to convey the City's interest in the underlying fee to Yardarm 106 in accordance with the Exchange Agreement, provided said documents are approved 107 by the City Attorney's Office. 108 109 SECTION IV 110 111 A certified copy of this Ordinance shall be filed in the Clerk's Office of the 112 Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY 113 OF VIRGINIA BEACH as "Grantor" and "Grantee." 114 115 Adopted by the Council of the City of Virginia Beach, Virginia, on this 116 day of , 2012. CA11952 R-1 April 20, 2012 APPROVED AST CONTENT: J � Planning D partment APPROVED AS TO LEGAL SUFFICIENCY: Lato, q- ia446vt l City Attorney 3 APPROVED AS TO CONTENT: lic Works/Real Estate EXHIBIT A SUMMARY OF TERMS EXCHANGE OF 2,511 SQ. FT. (0.058 ACRE) RIGHT-OF-WAY TO BE VACATED FOR 1,777 SQ. FT. (0.041 ACRE) OF PROPERTY OWNED BY YARDARM HOLDINGS, LLC NEEDED FOR RIGHT-OF-WAY FOR THE LASKIN ROAD GATEWAY PROJECT PARTIES: City of Virginia Beach ("City") Yardarm Holdings, LLC, a Virginia limited liability company ("Yardarm") PUBLIC RIGHT OF WAY TO BE VACATED AND CONVEYED: 2,511 Sq. Ft. (0.058 Acre) of Right -of -Way located at the intersection of Holly Road and Laskin Road, adjacent to 408 Holly Road ("Right -of -Way to Be Vacated") Estimated value of Right -of -Way to Be Vacated and conveyed to Yardarm: $200,880 ($80/s.f.) PROPERTY TO BE ACQUIRED BY CITY FOR ROAD PROJECT: 1,777 Sq. Ft. (0.041 Acre) portion ("Yardarm Property") of lot owned by Yardarm Holdings, LLC (GPIN 2418-92-5169) Appraised value of Yardarm Property to be conveyed to be conveyed to City: $106,620 ($60/s.f.) Estimated value = $142,160 ($80/s.f.) CONDITIONS OF SALE A resubdivision plat prepared by the City vacating the portion of Right -of -Way to Be Vacated will be recorded immediately prior to closing. At closing Yardarm will transfer the Yardarm Property to the City, free and clear of all liens and encumbrances, and the City will transfer the Right -of -Way to be Vacated to Yardarm, subject to all conditions of the Street Closure imposed by City Council. Yardarm will accept the Right-of-way to Be Vacated as total just compensation for the Yardarm Property and damages to the residue, if any. This exchange is subject to approval of City Council vacating the Right -of Way to be Vacated. If Council does not authorize the vacation of the right -of way and conveyance to Yardarm, then the City may acquire the Yardarm Property by a cash payment of $142,160 or through the exercise of condemnation proceedings. El Pl\l I Q _- ' ' 1 UJ 7o X LU E EXHIBITc� 1`511 t G^ 6 Qa .0 CD zL Lol c0 LU 0 C) (1) 0 C) Cj LL o LU C14 !-'4 (D 21 Z clj 0 LU 0 Z o w c"I q) uj om C:) o C:) 0 C) 4-a a LO .Q < s ca UD < X 0 0 (D z LLJ LLI cLI f �2 u CD r 2 El Pl\l I Q _- ' ' 1 UJ LU Qa U o0 Lol LU 0 LL o LU C14 oom 0:3- (D Z LU Z o w uj om K. APPOINTMENTS ARTS and HUMANITIES COMMISSION BIKEWAYS and TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS BOARD OF ZONING APPEALS COMMUNITY SERVICES BOARD MINORITY BUSINESS COUNCIL TOWING ADVISORY BOARD L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT PUBLIC COMMENT Non -Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers CITY COUNCIL WORKSHOP AUGUST 7, 2012 CANCELLED City Council invites ALL citizens to participate in your NEIGHBORHOOD NATIONAL NIGHT OUT 2012 CITYHOLIDAYS Monday, May 28 Memorial Day Wednesday, July 4 Independence Day Monday, September 3 Labor Day Monday, November 12 Veteran's Day Thursday, November 22 Thanksgiving Day Friday, November 23 Day After Thanksgiving Monday, December 24 Christmas Eve (half- day) Tuesday, December 25 Christmas Day CITY OF VIRGINIA BEACH FY2012-2013 RESOURCE SUMMARY OF COUNCIL ACTIONS MANAGEMENT PLAN (Budge DATE: 04/24/2012 A. City Council/School Board JOINT PAGE: 1 D S WORKSHOP E D H E W AGENDA D S I E J S U I ITEM # SUBJECT MOTION VOTE A T E D N O M S H L W Y V E Z Y L N O O R S O I P E E E E S M I O O S H L R Y S S S N N I) I FY2012-2013 RESOURCE MANAGEMENT PLAN (Budge A. City Council/School Board JOINT WORKSHOP B. City Council WORKSHOP 11/III/IVN/ CERTIFICATION OF CLOSED CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y VI -E SESSION F MINUTES —April 10, 2012 DEFERRED TO B Y C O N S E N S U S MAY 8TH G-1 MAYOR'S PRESENTATION LAW ENFORCEMENT DAY — April 24, Deputy Sheriff 2012 Dennis Free; Chesapeake Police Chief Kelvin L. Wright; Marc Stedman, James City County H/1-1 PUBLIC HEARING CAFE FRANCHISE LEASES OF CITY- No Speakers OWNED PROPERTY J-1 1168 ASSOC, LLC. closure of portion APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y of First Colonial Road/Mill Dam Court to CONDITIONEDD, incorporate area into adjoining parcel. BY CONSENT DISTRICT 5 - LYNNHAVEN 2 OCEAN RENTAL PROPERTIES, DEFERRED TO 11-0 Y Y Y Y Y Y Y Y Y Y Y LLC Non -Conforming Use at 403 16T" St TH BY MAY BY re single family dwellings on one lot CONSEE DISTRICT 6 - BEACH 3 ERNEST D. PARRISH/LYNNHAVEN APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y COLONY SHOPS CUP re truck/trailer CONDITIONED BY rentals at 2973 Shore Drive. DISTRICT CONSENT 5-LYNNHAVEN 4 SOUTHGATE COMMONS, APPROVED AS 10-0 Y Y Y Y Y A Y Y Y Y Y LLC/HOLLOMAN BROWN PROFFERED, BY B FUNERAL HOME, INC. Conditional CONSENT S COZ from AG-1/AG-2 to Conditional B- T 2/I-1 at Princess Anne/Dam Neck Roads A re retail/office use. DISTRICT 7 - I PRINCESS ANNE N E D CITY OF VIRGINIA BEACH PRINCESS ANNE/H & R RE, APPROVED/ 10-0 Y Y Y Y Y A Y Y SUMMARY OF COUNCIL ACTIONS Y Y LP./SOUTHGATE COMMONS, LLC. CONDITIONED, BY CONSENT DATE: 04/24/2012 CUP re a Convalescent Home at Princess PAGE: 2 D S S Anne/Dam Neck Road. E D H T E W AGENDA D S I E J S U I ITEM # SUBJECT MOTION VOTE A T E D N O M S H L W I V E Z Y L N O O R S O 1 P E E E E S M I O O S H L R Y S S S N N D 5 PRINCESS ANNE/H & R RE, APPROVED/ 10-0 Y Y Y Y Y A Y Y Y Y Y LP./SOUTHGATE COMMONS, LLC. CONDITIONED, BY CONSENT B CUP re a Convalescent Home at Princess S Anne/Dam Neck Road. T DISTRICT 7 - PRINCESS ANNE A I N E D 6 BAYLAKE UNITED METHODIST APPROVED/ 9-2 Y Y N Y Y Y N Y Y Y Y CHURCH CUP re child care center at ADDED CONDITIONS 4300 Shore Drive. DISTRICT 4 - BAYSIDE 7 1792 PRINCESS ANNE ROAD, APPROVED/ 10-0 Y Y A Y Y Y Y Y Y Y Y L.L.C. at Princess Anne/Indian River PROFFERED/ B Roads. DISTRICT 7 - PRINCESS ADDED CONDITIONS S ANNE T A a. Conditional COZonin¢ from B-2/ I AG -2 to Conditional B-2 N I b. CUPermit re auto service station N G 8 KROLL ENTERPRISES, INC./N & K DEFERRED 11-0 Y Y Y Y Y Y Y Y Y Y Y PROPERTIES, LLC/B & W INDEFINITELY, BY CONSENT PROPERTY DEVELOPMENT, LLC COZ from AG- I/AG-2/R-15/ B -1 to Conditional R-7.5 at Nimmo Parkway/Camino Real South re family dwellings on fee -simple lots. DISTRICT 7 PRINCESS ANNE 9 Ordinance to AMEND the CZO: ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y CONSENT a. Sections 111/1804 defining "Indoor Play Centers"/designating "incompatible" in Clear Zone/ APZ-1 re manufacturing uses as "compatible" in greater than 75 dB DNL Noise Zone/APZ 1/2; ADDING "Religious Uses" to Tables 1/2 of Section 1804 b. Section 1810 redesign features for structures in APZ-1 10 Ordinance to AMEND the Comp Plan re ADOPTED, BY 10-1 Y Y Y Y Y Y N Y Y Y Y 2012 Lynnhaven Strategic Growth CONSENT Area Master Plan/revising the Policy Document K-1 PUBLIC HEARING 45 Speakers FY 2012-2013 RESOURCE MANAGEMENT PLAN CITY OF VIRGINIA BEACH ORDINANCES/RESOLUTIONS ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y SUMMARY OF COUNCIL ACTIONS Y Y CONSENT DATE: 04/24/2012 Ordinance to GRANT Franchise PAGE: 3 D S Agreements for Open Air Cafes in the E D H E W AGENDA D S I E J S U I ITEM # SUBJECT MOTION VOTE A T E D N O M S H L W V E Z Y L N O O R S O I P E E E E S M I O O S H L R Y S S S N N D L-1 ORDINANCES/RESOLUTIONS ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y CONSENT Ordinance to GRANT Franchise Agreements for Open Air Cafes in the Resort Area a. One-year Franchise Manhattan's Restaurant Cafe Shoreline Grill Caf& Shoreline Grill Cafe Cabanas Seaside Bar & Grille b. Five-year Renewals 22nd Street Raw Bar 23`d Street Caf6 Abbey Road Little Feets Luna Sea Shoreline Grill Mahi Mah's Shoreline Grill Mahi Mah's Neptune's Timbuktu Dough Boy's Four Sails Dough Boy's Calypso Bar & Grill Oceanhouse Waterhouse Laverne's ADOPTED, BY 10-0 Y Y Y Y Y Y Y Y A Y Y Barclay Towers CONSENT B S T A I N E D 2 Ordinance to ESTABLISH Capital ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Budget/APPROPRIATE $482,000 from CONSENT Eco Dev/ $354,000 from the developer re "Progress Lane Extension" 3 Ordinance to increase ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y APPROPRIATIONS of $2,400,000 to CONSENT the Fuels Internal Service/$1,600,000 to the City Garage to address cost -of -goods - sold CITY OF VIRGINIA BEACH Resolution to REQUEST the Circuit ADOPTED 10-1 Y Y N Y Y Y Y Y SUMMARY OF COUNCIL ACTIONS Y Y Court to order a Referendum Election DATE: 04/24/2012 on November 6, 2012, re "supporting the PAGE: 4 D S financing and development of The Tide E D H E W AGENDA D S I E J S U I ITEM # SUBJECT MOTION VOTE A T E D N O M S H L W N V E Z Y L N O O R S O I P E E E E S M I O O S H L R Y S S S N N D 4 Resolution to REQUEST the Circuit ADOPTED 10-1 Y Y N Y Y Y Y Y Y Y Y Court to order a Referendum Election on November 6, 2012, re "supporting the financing and development of The Tide Light Rail into Virginia Beach" 5 Resolution that City Council REQUEST MOTION TO 3-7 N Y Y A N N Y N N N N the General Assembly AMEND the City's APPROVE LOST TO B Charter to provide for Election of City NEGATIVE VOTE S Council Members who represent City's 7 T Residence Districts only by voters in A respective Residence Districts as opposed I to the At Large Voting N E D L APPOINTMENTS RESCHEDULED B Y C O N S E N S U S ARTS and HUMANITIES COMMISSION BIKEWAYS and TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS BOARD OF ZONING APPEALS MINORITY BUSINESS COUNCIL TOWING ADVISORY BOARD AUDIT COMMITTEE Reppointed: 3 year 11-0 Y Y Y Y Y Y Y Y Y Y Y term 05/15/2012 — 05/14/2015 JoAnn Au one COMMUNITY SERVICES BOARD Appointed: 11-0 Y Y Y Y Y Y Y Y Y Y Y Unexpired terns thru 12/31/2012 plus 3 years 01/01/2013 - 12/31/2015 Cynthia F. Harrison, Family Member OLD BEACH DESIGN REVIEW Appointed: No Term 11-0 Y Y Y Y Y Y Y Y Y Y Y COMMITTEE Stevan Troutman N/O/P ADJOURNMENT 11:04 PM CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE: 04/24/2012 PAGE: 5 D S E D H E W AGENDA D S I E J S U I ITEM # SUBJECT MOTION VOTE A T E D N O M S H L W V E Z Y L N O O R S O I P E E E E S M I O O S H L R Y S S S N N D FY 2012-2013 BUDGET HEARINGS May I Budget Reconciliation Workshop - Council Chamber - Time TBD May 8 BudgetAdoption - Council Chamber - 6:00 PM CITY COUNCIL WORKSHOP AUGUST 7, 2012 CANCELLED City Council invites ALL citizens to participate in your NEIGHBORHOOD NATIONAL NIGHT OUT 2012 CITY HOLIDAYS Monday, May 28 Wednesday, July 4 Monday, September 3 Monday, November 12 Thursday, November 22 Friday, November 23 Monday, December 24 Tuesday, December 25 Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Day After Thanksgiving Christmas Eve (half-day) Christmas Day