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HomeMy WebLinkAboutMAY 22, 2012 AGENDACITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR WILLIAM D. SESSOMS, JR., At -Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 GLENN R. DA VIS, Rose Hall - District 3 WILLIAM R. DeSTEPH, At -Large HARRY E. DIEZEL, Kempsville - District 2 ROBERTM. DYER, Centerville - District I BARBARA M. HENLEY, Princess Anne — District 7 JOHN D. MOSS, At -Large JOHN F. UHRIN, Beach — District 6 ROSEMARY WILSON, At -Large JAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL APPOINTEES CITY MANAGER —JAMES K. SPORE CITY ATTORNFY— MARK D. STILES CITY ASSESSOR — JERALD D. BANAGAN CITY AUDITOR — LYNDON S. REMIAS CITY CLERK - RUTH HODGES FRASER, MMC CITY COUNCIL AGENDA 22 MAY 2012 CITY HALL BUILD 2401 COURTHOUSE DF VIRGINIA BEACH, VIRGINIA 234564 PHONE: (75 7) 385 FAX (75 7) 385-. E- MAIL: Ctycncl@vbgov. I. CITY MANAGER'S BRIEFING -Conference Room - A. HILLTOP SGA MASTER PLAN Paul Ostergaard, Senior Vice President — Urban Design Associates B. VIRGINIA BEACH HISTORIC PRESERVATION COMMISSION Mac Rawls - Chairman C. INTERIM FINANCIAL STATEMENT Patricia Phillips, Director — Finance Department 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 3:00 PM 4:30 PM V. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION: C. PLEDGE OF ALLEGIANCE D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS G. MAYOR'S PRESENTATION 1. PETITION TO INCREASE DUI ENFORCEMENT and AWARENESS Melissa Gatchalian, Senior Class President — Salem High School 2. "TOGETHER WE CAN FOUNDATION: MAKE A DIFFERENCE DAY" Virginia "Ginny" Diezel Dr. Terry Jenkins H. FORMAL SESSION AGENDA 1. CONSENT AGENDA I. PUBLIC HEARINGS 1. LEASES OF CITY -OWNED PROPERTY — Farmers Market a. Uncle Chuck's Seafood b. Poppin' Kettle Corn C. The Garden Box 2. JUSTICE BYRNE MEMORIAL ASSISTANCE GRANT - Allocation J. ORDINANCES/RESOLUTIONS 1. Ordinances to AMEND the City Code: a. Section 5-401 re fees for impoundment of May 8, 2012 b. Section 6-5 re animals on the beach and adjacent areas C. Section 27-5.1 re burglar alarm permits d. Sections 34-3, 34-5, 34-7, 34-11, 34-28, 34-33, 34-36, 34-41 and 34-45 and ADD Sections 34-12 and 34-28.1 re swimming pools at condominiums Section 211(b)(2) of the City Zoning Ordinance re temporary commercial signs 2. Ordinances to ACCEPT, APROPRIATE and TRANSFER: a. $4,293,826 from the Federal Emergency Management Agency (FEMA) and $1,030,516 from the Virginia Department of Emergency Management as reimbursement of costs resulting from Hurricane Irene b. Forgive the remaining $39,000 balance of an interest-free loan to the Chesapeake Beach Volunteer Fire and Rescue Department, Inc. $150,000 interest-free loan to the Chesapeake Beach Volunteer Fire and Rescue Department, Inc. re the purchase of an ambulance d. $150,000 from the Fund Balance of the Sheriff's Special Revenue Fund and TRANSFER $150,000 from the General Fund Reserve for Contingencies to the FY 2011-12 Operating Budget of the Sheriff $33,680 from the Oyster Heritage Trust Fund to the FY 2011-12 Operating Budget to Planning and Community Development re increasing oyster habitat in the Lynnhaven River watershed and continue the Oyster Shell Recycling Program f. $5,000 from the Tree Restoration — Shore Drive Area Trust Fund to the FY 2011- 12 Operating Budget of Planning and Community Development re increasing maritime forest habitat and to continue and expand the pilot live oak program Ordinances/Resolution to AUTHORIZE the City Manager to EXECUTE: a. Three-year Leases of City -Owned property at the Virginia Beach Farmers Market: 1) Charles Macin d/b/a Uncle Chuck's Seafood 2) Chuck Beeson d/b/a/ Keep It Poppin' Kettle Corn 3) FLS Corporation d/b/a/ The Garden Box b. Acquisition of the 30 -foot wide strip of land adjacent to the former Norfolk Southern right-of-way between Independence Boulevard and Thalia Creek Participation in a STUDY of Regionalization of Sanitary Sewer Service and Assets 4. Ordinance to TRANSFER funds between major classifications within the FY 2011-12 School Operating Budget: a. $872,008 from Instruction to Technology b. $ 60,000 from Operations and Maintenance to Technology C. $258,000 from Instruction Classification to Pupil Transportation Resolution to formally RE -ADOPT the revised Virginia Beach Emergency Operations Plan 6. Resolution for a Plan of Financing and Bond Refunding with the Development Authority re various public facilities and AUTHORIZE the execution and delivery of same K. PLANNING Application of CHESTER DAVIS and CHRISTINE W. RUDOLF for the closure of a portion of an unimproved, unnamed alley adjacent to Lot 19, Block 13, 805 Vanderbilt Avenue, Croatan Beach DISTRICT 6 - BEACH RECOMMENDATION APPROVAL 2. Application of SCOTT OVERTON for a Conditional Use Permit re a home occupation (firearm sales) at 2325 Litchfield Way DISTRICT 7 - PRINCESS ANNE STAFF'S RECOMMENDATION APPROVAL PLANNING COMMISSION RECOMMENDATION DENIAL 3. Application of NCC DEVELOPMENT, LLC/FULTON BANK for a Conditional Use Permit re a car wash/auto repair at 1525 General Booth DISTRICT 6 — BEACH RECOMMENDATION APPROVAL 4. Application of BURNETTE DEVELOPMENT, LLC/ABCS INVESTMENT GROUP, LLC for a Conditional Use Permit re a mini-warehouse/self storage at 965 South Oriole Drive DISTRICT 6 — BEACH RECOMMENDATION APPROVAL Application of POINT TO POINT/DIAMOND SPRINGS SHOPPES ASSOCIATES, LLC for a Conditional Use Permit re truck rentals at 1270 Diamond Springs Road DISTRICT 2 — KEMPSVILLE RECOMMENDATION APPROVAL 6. Application of CHRISTY DEVORE-HOLLAND for a Modification of Conditions attached to a Conditional Use Permit (approved by City Council on October 17, 1969) re a mobile home park at 1217 Hawk Avenue DISTRICT 3 — ROSE HALL RECOMMENDATION APPROVAL 7. Application of HOME ASSOCIATES OF VIRGINIA, INC. for a Modification of a Conditional Change of Zoning [Proffer No. 31 (approved by City Council on June 13, 2006) at Princess Anne Road and 2117 Locksley Arch DISTRICT 7 — PRINCESS ANNE RECOMMENDATION L. APPOINTMENTS ARTS and HUMANITIES COMMISSION BEACHES AND WATERWAYS COMMISSION BIKEWAYS and TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS COMMUNITY SERVICES BOARD MINORITY BUSINESS COUNCIL PARKS and RECREATION COMMISSION PUBLIC LIBRARY BOARD TOWING ADVISORY BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 APPROVAL CITY COUNCIL RETREAT Friday, August 3, 2012 Economic Development Conference Room 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 Agenda 05/22/2012gw Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Day After Thanksgiving Christmas Eve (half-day) Christmas Day I. CITY MANAGER'S BRIEFING -Conference Room- 3:00 PM A. HILLTOP SGA MASTER PLAN Paul Ostergaard, Senior Vice President — Urban Design Associates B. VIRGINIA BEACH HISTORIC PRESERVATION COMMISSION Mac Rawls - Chairman C. INTERIM FINANCIAL STATEMENT Patricia Phillips, Director — Finance Department II. CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW IV. INFORMAL SESSION -Conference Room- 4:30 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION V. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION: C. PLEDGE OF ALLEGIANCE D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS May 8, 2012 11 G. MAYOR'S PRESENTATION PETITION TO INCREASE DUI ENFORCEMENT and AWARENESS Melissa Gatchalian, Senior Class President — Salem High School 2. "TOGETHER WE CAN FOUNDATION: MAKE A DIFFERENCE DAY" Virginia "Ginny" Diezel Dr. Terry Jenkins s*r V1 44 I a�S 88811 Y86K` 0 T S N yt�F OUR Npt\�N vrortamation Whereas: In the fourth year of operation in Virginia Beach, the "Together We Can Foundation" continues to improve the lives of youth, aging out of foster care, with focused program promoting education, employability skills and financiar stability; and Whereas: Additionally, the "Together We Can Foundation" works with the Virginia Beach Department of 9fuman Services to support foster youth with education and housing grants, group mentoring programs, advocacy for the needs of foster youth, and by recognizing the outstanding contributions of citizens, organizations, and businesses making a difference in the lives of foster youth; and Whereas. These efforts have been effective in improving the high school graduation for foster youth over the national averages by 22%, improving the rate of foster youth seeking post -secondary education or vocational training by 52%, and improving the rate of unemployment of foster youth by 43 %; and Whereas: 1Ihe "Together We Can Foundation" looks forward to continuing its work in Virginia Beach and spreading the model of partnership between a non-profit service agency anda municipalgovernment that has been so effective in Virginia Beach. Now, qherefore, I, William D. Sessoms, Jr., 94ayor of the City of Virginia Beach, Virginia, do here6y Proclaim: May 24, 2012 "Together We Can Foundation Make a Difference Day" In (Virginia Beach, and I encourage all citizens recognize the important contributions that the "Together We Can Foundation " makes in the Cives of some of Virginia Beach's most vulnerable youth. In Witness Whereof, I have hereunto set my hand and caused the OfficiaCSeal of the City of Virginia Beach, Virginia, to be affixed this Twenty fourth day of Way, Two Thousand Twelve. 'William �D. Sessoms, fir. 9Kayor ! 3 Next Tuesday evening in the formal session, Will will read a proclamation Board of Directors May, 15, 2012 Donald V. Je'iig: Chair ference Day. Board members will be present for this occasion, and we are Terry S. Jenkins, Ph.D.: Vice Chair You're a seventeen -year-old junior in high school, and you ride the bus regu- WilGam R. Brown, CPA: Treasurer larly to reach the public library where you can use a computer in order to Donna S. Maris: Secretary complete your studies. You're newly placed in foster care and you want so Lisa J. Chapman much to keep up your GPA and make some part of your life stay "normal." Virginia J. Diezel Hypothetical? Not at all. This was reality for a foster teen in Virginia Beach, Joanne W. Griggs, CPA and with the help of the Together We Can Foundation, she now has a com- Russell J. Held puter of her own. This is but one example of what our Foundation seeks to Martha S. Mc:Clees do. We want to improve the outcomes of children in the foster system, so that Meyera E. Oberndorf where they are today does not dictate their future potential. Linda M. Rice. Ph.D. Lny Virginia Sanchez TWC works within the community to support our teens, and to recognize our Rev. D. Stanley W. Sawyer partners in our efforts, whether they be corporate, community service, or indi- Cheryl H. Williams: Ex -Officio viduals, we are holding our first Connections Star Awards luncheon on Thurs- day, May 24, 2012. This is a passion of mine, and I hope it will become one of yours as well! I am inviting you to attend our luncheon as my guest. There is a response card, and all you need do is complete it, and give it to Harry to let me know that you will be joining us. If you need to check your schedules, you may email meat: gdie1021 @cox.net , or you may call meat: 420-5724. I guarantee you that this will be an experience to remember. We will be honor- ing men and women who have committed themselves to helping our foster youth. And, we will be honoring Paris Barrett, our first recipient of the Con- nections Star Youth Ambassador Award. When you hear her speak, you will not forget her! I've had the honor of hearing her, and I know I never will. Next Tuesday evening in the formal session, Will will read a proclamation which designates May 24th as Together We Can Foundation: Making a Dif- ference Day. Board members will be present for this occasion, and we are proud to have this recognition of the valuable work we do in connection with some of the most vulnerable youth in our community. Please continue to make a statement of support by coming to our luncheon at the DoubleTree Hotel, Together We Can Foundation next to the Convention Center, on Thursday, May 24, 2012, from noon until 5101 Cleveland Street 1:30. You'll be so glad you did! Suite 305 Virginia Beach, VA 23462 757-351-3737 Thanks! Executive Director l-� Tom Crockett Lny tcrOckett@twctoundation.org wwrw.TWC=oundation.org info@twcfc}undatation.org PUBLIC HEARINGS 1. LEASES OF CITY -OWNED PROPERTY — Farmers Market a. Uncle Chuck's Seafood b. Poppin' Kettle Corn C. The Garden Box 2. JUSTICE BYRNE MEMORIAL ASSISTANCE GRANT - Allocation 4 �1 i J PUBLIC HEARING LEASE OF CIN PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on the proposed leasing of the following City -owned property located at the Virginia Beach Farmers Market on Tuesday, May 22, 2012, at 6:00 P.M. in the Council Chamber, City Hall - Bldg. 1, Virginia Beach Municipal Center: 1. 720 sq. ft. of space to Charles Macin d/b/a Uncle Chuck's Seafood 2. 630 sq, ft, of space to Chuck Beeson d/b/a Keep It Poppin' Kettle Corn 3. 4080 sq. ft. of space to FLS Corporation d/b/a The Garden Box If you are physically disabled or visually impaired and need assistance at this meeting, please call the City Clerk's Office at 385- 4303; 864303; 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 May 13, 2012 23031610 NOTICE OF PUBLIC HEARING Public Hearing re: Department of Justice Byrne Memorial Justice Assistance Grant: Allocation of $119,249.00 for various law enforcement / criminal processing irojects On Tuesday, May 22, 2012, at 6:00 p.m. in the City Council Chambers, second floor, City Hall Building, Municipal Center, Virginia Beach, Virginia, the Virginia Beach City Council will hold a Public Hearing on the proposed allocation of the Byrne Memorial Justice Assistance Grant. It is proposed that the $119,249.00 be allocated for the following purposes: Proiect Description Depts. Amount • Updating Mental Health Video/Camera Equipment Sheriff $5,000 • Canine Program Sheriff $18,315 • Tactical Robot Police $25,000 • Alternative Light Source Police $21,000 • Youth Employment Youth $39,934 Program Opportunities • System Assessment Community Corrections & Pretrial $10,000 TOTAL $119,24 The Edward Byrne Memorial Justice Program allows local governments to support a broad range of activities to prevent and control crime and to improve the criminal justice system. Individuals desiring to provide written comments may do so by contacting the City Clerk's office at 385-4303. If you are physically disabled or visually impaired and need assistance at this meeting, please call 385-4303. Hearing impaired, call Virginia Relay at 1-800- 828-1120. Ruth Hodges Fraser, MMC City Clerk J. ORDINANCES/RESOLUTIONS Ordinances to AMEND the City Code: a. Section 5-401 re fees for impoundment of animals b. Section 6-5 re animals on the beach and adjacent areas Section 27-5.1 re burglar alarm permits d. Sections 34-3, 34-5, 34-7, 34-11, 34-28, 34-33, 34-36, 34-41 and 34-45 and ADD Sections 34-12 and 34-28.1 re swimming pools at condominiums Section 211(b)(2) of the City Zoning Ordinance re temporary commercial signs 2. Ordinances to ACCEPT, APROPRIATE and TRANSFER: a. $4,293,826 from the Federal Emergency Management Agency (FEMA) and $1,030,516 from the Virginia Department of Emergency Management as reimbursement of costs resulting from Hurricane Irene b. Forgive the remaining $39,000 balance of an interest-free loan to the Chesapeake Beach Volunteer Fire and Rescue Department, Inc. C. $150,000 interest-free loan to the Chesapeake Beach Volunteer Fire and Rescue Department, Inc. re the purchase of an ambulance d. $150,000 from the Fund Balance of the Sheriff's Special Revenue Fund and TRANSFER $150,000 from the General Fund Reserve for Contingencies to the FY 2011-12 Operating Budget of the Sheriff e. $33,680 from the Oyster Heritage Trust Fund to the FY 2011-12 Operating Budget to Planning and Community Development re increasing oyster habitat in the Lynnhaven River watershed and continue the Oyster Shell Recycling Program f. $5,000 from the Tree Restoration — Shore Drive Area Trust Fund to the FY 2011- 12 Operating Budget of Planning and Community Development re increasing maritime forest habitat and to continue and expand the pilot live oak program 3. Ordinances/Resolution to AUTHORIZE the City Manager to EXECUTE: a. Three-year Leases of City -Owned property at the Virginia Beach Farmers Market: 1) Charles Macin d/b/a Uncle Chuck's Seafood 2) Chuck Beeson d/b/a/ Keep It Poppin' Kettle Corn 3) FLS Corporation d/b/a/ The Garden Box b. Acquisition of the 30 -foot wide strip of land adjacent to the former Norfolk Southern right-of-way between Independence Boulevard and Thalia Creek C. Participation in a STUDY of Regionalization of Sanitary Sewer Service and Assets 4. Ordinance to TRANSFER funds between major classifications within the FY 2011-12 School Operating Budget: a. $872,008 from Instruction to Technology b. $ 60,000 from Operations and Maintenance to Technology C. $258,000 from Instruction Classification to Pupil Transportation 5. Resolution to formally RE -ADOPT the revised Virginia Beach Emergency Operations Plan 6. Resolution for a Plan of Financing and Bond Refunding with the Development Authority re various public facilities and AUTHORIZE the execution and delivery of same u � s o� CITY OF VIRGINIA BEACH AGENDA ITEM . ITEM: An Ordinance to Amend § 5-401 of the City Code Pertaining to Fees for the Impoundment of Animals MEETING DATE: May 22, 2012 ■ Background: Virginia Beach Code § 5-401 fixes the fees citizens pay to adopt a animals from the Virginia Beach Animal Care and Adoption Center. ■ Considerations: This amendment allows the Chief of Police to lower adoption fees when the Animal Care and Adoption Center has, or is part of, a special adoption event or if the shelter becomes excessively over -populated. Allowing this flexibility ensures homes can be found for as many animals as possible and may decrease the euthanasia rate. The Animal Control Unit Advisory Board fully supports this amendment. Additionally, this amendment also makes minor housekeeping changes, to include updating the reference "bureau of animal control" in sub -paragraph (f) to "Animal Care and Adoption Center." ■ Public Information: Public information will be provided through the normal Council agenda process. ■ Recommendations: Adopt Ordinance ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Police/Animal Control City Manager: S � , `�56 b-�N 1 AN ORDINANCE TO AMEND SECTION 5-401 2 OF THE CITY CODE PERTAINING TO FEES 3 FOR THE IMPOUNDMENT OF ANIMALS 4 5 SECTION AMENDED: § 5-401 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 10 That Section 5-401 of the Code of the City of Virginia Beach, Virginia, is hereby 11 amended and reordained to read as follows: 12 Sec. 5-401. - Fees for the impoundment and adoption of animals, generally. 13 (a) The bureau of animal control is hereby authorized to charge a fee of fifty 14 dollars ($50.00) for the first day an animal is impounded and two dollars ($2.00) per day 15 for each additional day or part thereof for the care of any animal impounded for any 16 reason. 17 (b) If a dog or cat impounded under this article is not claimed by its owner or 18 caretaker within five (5) days or within ten (10) days if the dog or cat has a collar, tag, 19 license tattoo, or other form of identification, it shall be disposed of in accordance with 20 the provisions of Code of Virginia § 3.1-796.96. 21 (c) In the event any person proposes to adopt such dog or cat, pursuant to such 22 section, he shall pay a fee of twenty-five dollars ($25.00) for dogs; twenty dollars 23 ($20.00) for cats; and fifteen dollars ($15.00) for all other animals to cover the cost of 24 transfer, seizure and veterinary care for the animal. 25 (d) Any person adopting an animal spayed or neutered at the expenses of the city 26 shall also incur an additional cost of one hundred dollars ($100.00) for dogs, and forty 27 dollars ($40.00) for cats. In the event sterilization services are not available from the 28 city, any person adopting an unaltered animal will be required to deposit an additional 29 one hundred dollars ($100.00) for dogs, and forty dollars ($40.00) for cats which shall 30 be reimbursed if proof of sterilization is presented to the bureau of animal control within 31 thirty (30) days of the adoption. 32 (e) Notwithstanding the provisions of subsections (c) and (d) above, the chief of 33 police is authorized to lower the adoption fees for (1) special adoption events and (2) in 34 the event of excessive shelter over -population. 35 (f) The person desiring to adopt the animal shall sign an adoption contract 36 agreeing to abide by the rules and regulations of the buFeau of animal Gen Animal 37 Care and Adoption Center. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2012. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Police Department itykey's l CA12266 R-1 May 2, 2012 .y CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Sections 6-5 of the City Code Pertaining to Animals on the Beach and Adjacent Areas MEETING DATE: May 22, 2012 ■ Background: The City limits the enforcement authority of Animal Control Officer to those offenses contained in Chapter 5 of the City Code. The Code of the City of Virginia Beach § 6-5 restricts animals on the beach and areas adjacent to beach areas in the Resort Area. Currently only law enforcement officers and EMS personnel designated Special Conservators of the Peace may enforce this ordinance. ■ Considerations: This amendment will give Animal Control Officers the authority to enforce Code of the City of Virginia Beach § 6-5. ■ Public Information: Public information will be provided through the normal Council agenda process. ■ Recommendations: Approve ordinance ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Police Department/Animal Control�t City Manager: lL . 1 AN ORDINANCE TO AMEND SECTION 6-5 2 OF THE CITY CODE PERTAINING TO 3 ANIMALS ON THE BEACH AND ADJACENT 4 AREAS 5 6 SECTION AMENDED: § 6-5 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 11 That Section 6-5 of the Code of the City of Virginia Beach, Virginia, is hereby 12 amended and reordained to read as follows: 13 14 Sec. 6-5. - Animals on beach and adjacent areas. 15 (a) It shall be unlawful for any person who owns or has control of any animal to 16 permit such animal to be on the sand beaches, the boardwalk or the grassy area west 17 of the boardwalk to the property lines from Rudee Inlet on the south to 42nd Street on 18 the north during the period from 6:00 p.m. on the Friday before Memorial Day through 19 6:00 p.m. Labor Day of each year, such period hereinafter referred to as the "season." 20 (b) It shall be unlawful for any person who owns or has control of any animal to 21 permit such animal to be on any other sand beaches within the city during the season; 22 provided, however, that a dog or cat may be permitted on said beaches in the custody 23 of or under the control of a responsible person during the season between the hours of 24 6:00 p.m. and 10:00 a.m. the following day. 25 (c) It shall be unlawful during the season for any person to have in his possession 26 or under his control any animal, other than a dog or cat, on Atlantic Avenue or in the 27 parks and connector streets between Atlantic Avenue and the boardwalk, from Rudee 28 Inlet to 42nd Street, unless such animal is in an escape -proof container. 29 (d) Any person who owns or has control of any animal shall not knowingly or 30 willfully permit such animal to litter any sand beaches within the city or to litter the 31 boardwalk or the grassy area west of the boardwalk to the property lines from Rudee 32 Inlet on the south to 42nd Street on the north, at any time. In the event such animal 33 shall defecate on the sand beaches within the city, or on the boardwalk or the grassy 34 area west of the boardwalk to the property lines from Rudee Inlet on the south to 42nd 35 Street on the north at any time, the person who owns or has control of such animal shall 36 immediately remove all feces deposited thereon by such animal and dispose of same in 37 a sanitary manner approved by the department of public health, such as by encasing 38 same in an airtight wrapper or container and placing same in a garbage receptacle. 39 Failure to so remove said feces in accordance with the provisions of this subsection 40 shall constitute a Class 1 misdemeanor. 41 (e) Notwithstanding the above, it shall be unlawful for any person who owns or 42 has control of any animal to permit such animal to be on any sand beaches within the 43 city, at any time, unless such person shall have in his possession a container of 44 sufficient size and adequate design ,to remove and dispose of all feces deposited 45 thereon by such animal, in accordance with the provisions of subsection (d). 46 (f) With the exception of subsections (d) and (e), the provisions of this section 47 shall not be applicable to a guide dog, hearing dog or service dog trained to accompany 48 a person with a disability while being accompanied by such person, or to any dog or 49 horse in the custody or control of a law enforcement officer while such officer is in the 50 performance of his duties. 51 52 (g) For purposes of this section, the term "animal" shall be deemed to include, but 53 not be limited to, any mammal, bird, or reptile. 54 55 (h) The provisions of this section may also be enforced by city animal control 56 officers. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2012. APPROVED AS TO CONTENT olice Department CA12227 R-1 March 16, 2012 APPROVED AS TO LEGAL SUFFICIENCY: fir) 4W CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend the City Code by Adding Section 27-5.1 Pertaining to Burglar Alarm Permits MEETING DATE: May 22, 2012 ■ Background: On May 13, 2008, City Council approved an ordinance allowing the City to impose a service charge when police respond to the same location for multiple false alarm calls from third -party alarm companies. This fee was the first step in a successful attempt to reduce the police responses to false alarms. The second step in the program was to require persons who rely on a third -party alarm company that notify the Police Department in the event of a burglar alarm activation to obtain a permit from the City. Further, the City Code states that after the first time the department provides a response to a location that does not have the required permit, "the police department will provide no further responses" until the required permit is obtained (emphasis added). ■ Considerations: In order to provide the department with greater flexibility, this ordinance would amend the City Code pertaining to the response to burglar alarms to read, "the police department may provide no further responses" in cases where police respond to a location that does not have the required permit. This ordinance also contains two "housekeeping" revisions, including deletion of obsolete information regarding implementation of the ordinance in 2009. ■ Public Information: Public information will be handles through the normal Council agenda process. ■ Recommendations: Adopt Ordinance. ■ Attachments: Ordinance. Recommended Action: Approval Submitting Department/Agency: Police Department ,( City Manager: S �,<b ' �J 1 AN ORDINANCE TO AMEND SECTION 27- 2 5.1 OF THE CITY CODE PERTAINING TO 3 PERMITS REQUIRED FOR ALARM 4 SYSTEMS USING THIRD -PARTY ALARM 5 COMPANIES TO NOTIFY POLICE 6 7 SECTION AMENDED: § 27-5.1 8 9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 10 BEACH, VIRGINIA: 11 12 That Section 27-5.1 of the Code of the City of Virginia Beach, Virginia, is hereby 13 amended and reordained to read as follows: 14 Sec. 27-5.1. - Permits required for alarm systems using third -party alarm 15 companies to notify police. 16 (a) Permit required: No person shall use an alarm system that relies on a third - 17 party alarm company to notify the police department in the event the alarm is activated 18 without first obtaining a permit to operate such a system from the police department. A 19 ten -dollar ($10.00) fee shall be charged for such a permit. 20 (b) Application: The permit application shall be submitted by the alarm user on a 21 form obtained from the police department. For the purpose of this section, the "alarm 22 user" is any person who is in physical possession of any premises where an installed 23 alarm system is monitored by a third -party alarm company. 24 (c) Transfer of premises possession: Alarm permits are not transferable. Alarm 25 permits issued by the police department shall expire when the alarm user, as identified 26 on the alarm permit application, vacates possession of said premises. Any person in 27 possession of said premises after the expiration of the alarm permit shall be required to 28 obtain a new alarm permit. 29 (d) Reporting updated information: Whenever any information provided to the 30 police department on the alarm permit application changes, the alarm user shall provide 31 the updated information to the police department within thirty (30 days.1 32 (e) Multiple alarm systems or users: In the event an alarm user has one or more 33 alarm systems protecting two or more separate structures that have either different 34 addresses or tenants, a separate permit shall be required for each structure and/or 35 tenant. 36 (f) Notice: 37 (1) All third -party alarm companies that notify the police department in the event 38 of an alarm activation on behalf of clients/subscribers located in the city, shall 39 provide notice of the requirements of this section to all such clients/subscribers 40 located in the city. 41 (2) After police provide a response to a third -party alarm company's call for 42 service to a location where a person or persons in possession of such property has 43 not obtained the required alarm permit, the police department witl may provide no 44 further responses requested by a third -party alarm company's call for service until 45 the required permit is obtained. 5-MMrm cM _ _ PFOVi6iORG of subseGtOORS- - e#BGt immediately. 48 (2) The PF9ViGiE)R of subseGtOOR (� shall take e#eGt on jaRuaFy 1, 2009, Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2012. APPROVED AS TO CONTENT: Police Department CA12220 R-1 May 1, 2012 APPROVED AS TO LEGAL SUFFICIENCY: lot 2\0 �:. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Sections 34-3, 34-5, 34-7, 34-11, 34-28, 34-33, 34-36, 34-41 and 34-45 and Add Sections 34-12 and 34-28.1 Pertaining to Swimming Pools MEETING DATE: May 22, 2012 ■ Background: The Health Department is the authority that inspects and regulates swimming pools in the City of Virginia Beach. A condominium association that has a swimming pool has approached the Health Department to be allowed to circulate the water in the pool (run the filtration pumps) only during the period when the pool is in use, and not during off hours. The Health Department does not object, as long as the change does not affect the health and safety of the users. This amendment adopts a variance procedure to allow condominium pool owners to circulate water only during operating hours. The variance procedure is based upon the adopted variance procedure for lifeguards. Amendments also include an increase in fees from either fifty dollars or seventy- five dollars to one hundred dollars; a requirement for certified pool operators to recertify every five years; and minor revisions for pool equipment and procedures. ■ Considerations: The variance procedure will allow condominium pools to be more energy efficient without jeopardizing their safety and health requirements. However, if the pool cannot remain in compliance with the health and safety requirements, then the variance can be revoked, and the pool filtration equipment will be required to run at all times. ■ Public Information: Public information will be provided through the normal Council agenda process. ■ Recommendations: Adoption of the attached ordinance. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Health Department/ Dr. Newby -Owens City Manager: Approval n/-47' 1 AN ORDINANCE TO AMEND SECTIONS 34-3, 34-5, 34-7, 2 34-11, 34-28, 34-33, 34-34, 34-36, 34-41 AND 34-45 AND 3 ADD SECTIONS 34-12 AND 34-28.1 PERTAINING TO 4 SWIMMING POOLS 5 6 Sections Amended: City Code Sections 34-3, 34-5, 34-7, 7 34-11, 34-28, 34-33, 34-34, 34-36, 34-41 And 34-45 8 9 Sections Added: City Code Sections 34-12 and 34-28.1 10 11 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 12 BEACH, VIRGINIA: 13 14 That Sections 34-3, 34-5, 34-7, 34-11, 34-12, 34-28, 34-28.1, 34-33, 34-34, 34- 15 36, 34-41 and 34-45 of the Code of the City of Virginia Beach, Virginia, are hereby 16 amended and reordained and Sections 34-12 and 34-28.1 are added to read as follows: 17 ARTICLE I. - IN GENERAL 18 Sec. 34-1. - Title. 19 This chapter shall be known and cited as the "Virginia Beach Swimming Pool 20 Ordinance." 21 .... 22 Sec. 34-3. - Definitions. 23 The following definitions shall apply in the interpretation and the enforcement of this 24 chapter. The word "shall' as used herein, indicates a mandatory requirement. 25 .... 26 Turnover rate: The time it takes (in a 24-hour period) to circulate an amount of 27 water equivalent to the volume of a swimming pool, wading pool or spa. A swimming 28 pool requires six (6) hours, a wading pool requires two (2) hours and a spa requires 29 thirty (30) minutes. 30 .... 31 COMMENT 32 The definition of Turnover Rate has been added to allow the addition of a variance procedure 1 33 for the requirement that the water in swimming pools be constantly recirculated. 34 .... 35 Sec. 34-5. - License required; fee. 36 (a) No person shall operate a type 2 swimming pool unless an annual permit has 37 been secured from the administrative authority of the health department. This permit 38 shall be issued only after approval by the administrative authority, submittal of an 39 inspection report by a state registered electrician, certified by the department of 40 professional and occupational regulations, on forms approved by the administrative 41 authority, application and payment to the health department of a fee of one hundred 42 dollars ($100.00). f0fty dellam ($50.00) f9F seasonal operation (few (4) menths or lers) 43and eeventy five dollars ($75.00) feF yeaF round . The inspection report shall 44 certify to the health department and the City of Virginia Beach that the type 2 swimming 45 pool has been inspected by a registered electrician and there are no electrical defects 46 that could affect the type 2 swimming pool's safe operation. The inspection report shall 47 further certify that the type 2 swimming pool is in compliance with all applicable 48 electrical codes. The operation and maintenance of any type 2 swimming pool in a 49 manner not in accordance with the provisions of this chapter will be justification for 50 cancellation of this permit. 51 (b) A type 2 swimming pool permit shall be posted in view of the public at the 52 swimming pool involved. 53 (c) No type 2 swimming pool permit shall be transferable and any person holding 54 such a permit shall give notice in writing, to the administrative authority within twenty - 55 four (24) hours after having sold, transferred, given away or otherwise disposed of his 56 interest in or control of the pool involved. Such notice shall include the name and 57 address of the person succeeding to the ownership or control of such pool. 59 Yearly and seasonal operation permits have been merged into one permit with a fee in the 60 amount of $100.00. 61 .... 62 Sec. 34-7. - Owner's certificate. 63 (a) To secure a pool permit, each type 2 pool shall have a person employed who 64 holds a valid operator's certificate issued by a source approved by the administrative 65 authority. This person is the certified pool operator for this facility. Operator's certificate 66 shall be issued only to an individual over the age of sixteen. An applicant for an F) 67 operator's certificate shall demonstrate basic knowledge of the water treatment process 68 in type 2 swimming pools. Presentation of a certificate from a swimming pool operator's 69 training course acceptable to the administrative authority shall constitute demonstration 70 of such knowledge. No certified pool operator shall oversee more than one (1) 71 swimming pool facility per certificate. All individuals holding an operator's certificate 72 shall be recertified every five (5) years. 73 (b) Every type 2 pool shall have a persee certified operator on premises at all 74 times during periods of operation, who is fully capable of and shall assume 75 responsibility for compliance with all requirements relating to pool operation, 76 maintenance and safety of bathers. 77 (c) Routine (e.g., daily and weekly) operating procedures shall be permanently 78 posted in a location accessible to and frequented by the operator. 79 (d) Manufacturer's instructions for operation and maintenance of mechanical and 80 electrical equipment shall be kept available for the operator. 81 (e) No type 2 pools shall be used or available for use until all requirements of 82 sections 34-5 and 34-7 are complied with. COMMENT 85 This amendment requires the recertification of pool operators every five years. It also 86 clarifies that a certified pool operator must be on premises during the hours of pool operation. 87 .... 88 Sec. 34-11. - Applicability of chapter to existing pools. 89 The structural and equipment provisions and requirements of this chapter shall not 90 apply to any type 2 pool constructed prior to the effective date of Ordinance No. 391 91 from which this chapter was originally derived, except as follows: 92 (1) Any alteration, placement or replacement of any equipment shall comply with 93 such requirements. 94 (2) The provisions and requirements of this chapter with respect to operational 95 procedures and standards, chemical feeding equipment, flow meters, pressure 96 gauges and lifeguards shall be complied with by all type 2 swimming pools, 97 regardless of date of construction. 98 (3) The administrative autheFity Fnay grant FnedifiGatieF;6 to any of the PFGVi6iGn6 of 3 TTi r_enfrr-MEMrn:r r.�rw 101 COMMENT 102 This deletion is further clarified in the addition of Section 34-12 below. 103 104 Sec. 34-12. - Reid: Modifications. 105 The administrative authority may grant modifications, upon conditions and 106 requirements established by the administrative authority, to any of the provisions of this 107 chapter which are not under the jurisdiction of the Virginia Uniform Statewide Building 108 Code. The administrative authority has the authority to revoke any modifications granted 109 upon good cause, which includes but is not limited to, other violations, violations of 110 conditions of the modification, and any health or safety concerns. 111 COMMENT 112 This addition makes it clear that the Health Department may grant variances to any condition 113 that is not governed by the USBC. 114 .... 115 116 ARTICLE II. - DESIGN AND CONSTRUCTION 117 .... 118 Sec. 34-28. - Recirculation systems. 119 (a) Filter room. Type 2 pools shall be provided with a structure or room to contain 120 the filtration equipment, pumps and other recirculation system appurtenances, and 121 disinfection equipment. The room shall be finished in a light color and be constructed of 122 materials which are impervious to water and chemicals necessary for the operation of 123 the pool. Adequate illumination of twenty (20) footcandles measured twenty-four (24) 124 inches (61 centimeters) above floor level, shall be provided. The floor of the filter room 125 shall be designed to provide for an adequate drainage with a minimum floor slope of 126 1:50 and a maximum of 1:24 to the drain and shall be kept dry, particularly in the vicinity 127 of electrical panels. The filter room shall be adequately cross -ventilated, which may, 128 upon the decision of the administrative authority, require mechanical ventilation and all 129 equipment shall be installed so that it is convenient to operate and repair. Adequate 130 headroom shall be provided above all filters. The provision of any facility for discharging 131 filter backwashing water into the filter room floor is prohibited. The room shall be 132 provided with a door(s) of sufficient width to permit the removal of equipment, and shall 0 133 be capable of being secured against entry by unauthorized persons. The entrance to 134 the filter room shall be adjacent to the pool area or so located that the operator can 135 enter the room without having to exit the enclosed pool area. 136 COMMENT 137 This amendment clarifies that the required cross ventilation of filter rooms may require that a 138 mechanical system be installed. 139 140 (b) Filters. The recirculation system shall be equipped with a filtration system that 141 will filter the entire contents of the pool at the required rate. Filtration equipment shall be 142 operated continuously twenty-four (24) hours per day, unless a variance has been 143 granted by the administrative authority to allow the filtration equipment to operate less 144 frequently, as provided in Section 34-28.1. Design criteria for the indicated type of filters 145 shall be as follows: 146 COMMENT 147 This amendment clarifies that a variance to the continuous operation of the filtration system 148 may be granted by the Health Department. 149 .... 150 Sec. 34-28.1. - Variance procedure for recirculation systems. 151 Variance procedure for type 2 condominium pools: Owners of type 2 condominium 152 pools may apply for a variance to the recirculation system requirement for continual 153 operation of the filtration system. 154 (1) Variances to the requirements of this section may be granted by 155 the administrative authority where: 156 157 a. The pumps, filters, disinfectant and chemical feeders, flow 158 indicators, gauges and all related parts of the swimming pool 159 purification systems shall be kept in operation whenever the 160 pool is available for use; 161 162 b. The pumps, filters, disinfectant and chemical feeders, flow 163 indicators, gauges and all related parts of the swimming pool 164 purification systems shall be kept in operation at all 165 additional times and periods as may be necessary to 5 166 maintain the water in the swimming pool in a clear and 167 disinfected condition; and 168 169 C. The variation in flow during the filtration cycle shall not 170 reduce the flow below 65 percent of the required turnover 171 rate: and 172 173 d. There is no degradation of public health or safety. 174 175 (2) The application for a variance to the administrative authority shall 176 be on forms provided by the administrative authority and must 177 include: 178 179 a. A statement indicating that the pool operator understands 180 and agrees to comply with all of the requirements above; 181 and 182 183 b. The reasons why the public health and safety will not be 184 jeopardized if the variance is granted. 185 186 (3) Within a reasonable time, not to exceed sixty (60) days from the 187 receipt of a complete written application the administrative authority 188 shall grant, deny or grant with conditions such variance. The 189 administrative authority shall consider, in addition to the 190 requirements of subdivision (1), the following factors: 191 192 a. Any circumstances unique to the applicant's facility; 193 194 b. The effects that the variance would have on the health and 195 safety of the public; and 196 197 C. Any other health and safety factors, as determined by the 198 administrative authority. 199 200 (4) The administrative authority shall notify the applicant in writing of 201 the approval of the variance, the effective date of the variance and 202 the conditions attached to the approval of the variance. Failure to 203 comply with the conditions or the degradation of disinfection or 204 clarity shall result in the immediate revocation of the variance. A 205 denial of the variance shall also be in writing giving the reasons 206 for the denial. 207 208 (5) Each variance approved shall be conspicuously posted in public 209 view in the pool area. 210 211 (6) Variances expire on October 1 and must be applied for on a yearly 212 basis. 213 COMMENT 214 This variance procedure allows condominium swimming pool operators to turn off the 215 filtration system when the pool is not in operation, as long as it does not affect the health or safety 216 requirements of this chapter. Such variance may be granted by the Health Department to allow for 217 more economical and efficient operation of such swimming pools. 218 Sec. 34-33. - Pool lighting. 219 (a) Where type 2 swimming pools are to be used after dark, the swimming pool 220 area shall be equipped with lighting fixtures of such number and design as to light all 221 parts of the pool, the water therein, and the entire area. Fixtures should be installed in 222 such a manner as to create no hazard to the bathers. The design and installation of the 223 fixtures should be such that lifeguards can clearly see every part of the swimming pool, 224 including decks, spring board and other appurtenances without being blinded by glare. 225 (b) Underwater lighting for such pools shall provide nine (9) watts per square yard 226 (8.2 watts per square meter) of water surfaces and shall require ground fault circuit 227 interrupters (GFCI), such that all areas of the pool surface are clearly visible. (See 228 Virginia Uniform Statewide Building Code.) 229 COMMENT 230 This clarification adds the requirement that all areas of the pool surface be clearly visible. 231 Sec. 34-34. - Decks. 232 All fill under decks shall be properly tamped and proper supports shall be provided 233 to prevent decks from settling. Roof runoff or other drainage shall not be wasted allowed 234 to drain onto the deck. All areas surrounding the deck shall have surface drainage 235 directed away from the deck area. Decks shall be free of cracks, pooling or standing 236 water and made of non-skid materials. Pool decks shall not create a nuisance or health 237 hazard. 238 7 239 COMMENT 240 This is a clarification that no drainage or runoff shall drain onto the swimming pool deck. 241 .... 242 Sec. 34-36. - Swimming pool fences. 243 (a) It shall be unlawful for any person to own or control any outdoor swimming 244 pool without having a fence surrounding such swimming pool, irrespective of the date 245 on which such swimming pool was constructed. Such fence shall be in compliance with 246 SeGtien AGIN of the 2003 the International Residential Code or any successor 247 provision. 248 (b) Violations of this section shall be punishable by a fine of not more than three 249 hundred dollars ($300.00). Each day's violation shall be deemed a separate offense. In 250 addition to such penalty, and not in lieu thereof, the city may seek to enjoin a continuing 251 violation of this section by civil action filed in the circuit court. 252 (c) The provisions of this section shall not apply to any swimming pool operated 253 by or in conjunction with any hotel located on a governmental reservation. 254 COMMENT 255 This amendment deletes the reference to any specific International Residential Code. As a 256 result, this section will not have to be amended with every new International Residential Code. 257 .... 258 Sec. 34-41. - Safety and rescue equipment; other safety features. 259 Every type 2 swimming pool shall be equipped with the following aids to safety and 260 rescue which shall be readily accessible at all times: 261 (1) One (1) or more safety tubes recommended by the American Red Cross, 262 YMCA or other accredited agency for lifesaving personnel, to be used by a 263 certified lifesaver. There n4ay shall also be available lightweight but strong 264 poles with blunted ends or shepherd's hooks, not less than twelve (12) feet (4 265 meters) in length. 266 COMMENT 267 This amendment requires that poles with blunt ends or shepherd's hooks be available for 268 safety. 269 .... 270 Sec. 34-45. - Showers, water closets, lavatories, etc. 271 (a) Showers, water closets and lavatories shall be provided for each sex, in 272 accordance with the Virginia Uniform Statewide Building Code. The part of the structure 273 containing the showers, water closets, urinals and lavatories shall be designed so that 274 these facilities shall be in the line of travel used by the patrons prior to entering the pool 275 area and shall be provided with an entrance and a separate exit opening directly to the 276 pool deck; however, such exit shall not be near the deep portion of the pool. 277 (b) Floor for all dressing rooms, showers, toilets and lavatories shall be smooth 278 but must have nonslip finish and the room shall be ventilated so that the floors do not 279 remain damp or wet. Walls and floors for all dressing rooms, toilet rooms and lavatories 280 shall be of waterproof, easily cleanable materials. 281 (1) Dressing rooms. Separate dressing rooms may be provided for both sexes. 282 When provided, metal lockers, wire baskets, hooks or other sanitary means of 283 storage of clothing and personal accessories shall be provided. All storage 284 containers for clothing shall be kept clean and sanitary. 285 (2) Showers. Showers shall be provided in the proportion of one (1) for each forty 286 (40) persons at the time of maximum load. Each shower shall supply an 287 adequate quantity of tempered water. Water from each shower shall be 288 provided with suitable facilities for making soap available. 289 (3) Toilets. Toilet facilities shall be provided as set forth in the Virginia Uniform 290 Statewide Building Code. 291 (4) Lavatories. Lavatories shall be provided as set forth in the Virginia Uniform 292 Statewide Building Code. 293 (5) [Application of items (1) through (4) to certain bathers.] Items (1) through (4) 294 shall not apply when bathers have access to these facilities either in living 295 quarters located not more than five hundred (500) feet (152.4 meters) in travel 296 distance from the pool or in an adjacent building such as a recreational facility, 297 clubhouse or cabana. 298 (6) Mirrors. Mirrors, if provided, shall be constructed in accordance with the 299 Virginia Uniform Statewide Building Code. 300 (7) Baby changing tables. A baby changing table shall be located in each lavatory, 301 (8) Stocked. All lavatories shall be stocked at all times with hand soap, toilet 302 tissue, and disposable towels or hand dryers. 303 6 304 305 306 307 308 309 310 COMMENT This amendment adds the requirements for baby changing table and stocking of any bathrooms at swimming pools. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of .2012. APPROVED AS TO CONTENT Health Depkrt774-1 CA12186 R-2 April 18, 2012 APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office 10 P CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Referring to the Planning Commission an Ordinance to Amend Section 211(b)(2) of the City Zoning Ordinance Pertaining to Temporary Signs. MEETING DATE: May 22, 2012 ■ Background: The ordinance referred to the Planning Commission by this resolution pertains to the frequency that temporary signs of a commercial nature can be displayed. The referred ordinance will increase the frequency for such displays to six times per year. The ordinance was requested by Councilmember Glenn R. Davis. ■ Considerations: Increasing the frequency of commercial temporary signs will give commercial enterprises greater visibility. This resolution will refer the ordinance to the Planning Commission for its comments and recommendation. ■ Attachments: Resolution, Ordinance Recommended Action: Adopt Resolution Submitting Department/Agency: Requested by Councilmember Glenn Davis 1 2 3 4 5 6 7 8 9 10 11 12 REQUESTED BY COUNCILMEMBER GLENN R. DAVIS A RESOLUTION REFERRING TO THE PLANNING COMMISSION AN ORDINANCE TO AMEND SECTION 211(b)(2) OF THE CITY ZONING ORDINANCE PERTAINING TO TEMPORARY SIGNS NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the above -entitled ordinance, a copy of which is attached, is hereby referred to the Planning Commission for its consideration and recommendation. Adopted by the City Council of the City of Virginia Beach, Virginia, this day of , 2012. APPROVED AS TO LEGAL SUFFICI NCY: City Attorney's Office CA12262 R-1 May 3, 2012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 REQUESTED BY COUNCILMEMBER GLENN R. DAVIS AN ORDINANCE TO AMEND SECTION 211 (b)(2) OF THE CITY ZONING ORDINANCE PERTAINING TO TEMPORARY SIGNS Section Amended: § 211(b)(2) WHEREAS, the public necessity, convenience, general welfare and good zoning practice so require; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 211(b)(2) of the City Zoning Ordinance is hereby amended and reordained to read as follows: Sec. 211. — Signs permitted in all districts. The following types of signs are exempted from all of the provisions of this ordinance, except for illumination, construction, and safety regulations and the following standards: (b) Temporary signs. (2) Temporary signs of a commercial nature announcing grand openings or other special events or promotions, subject to the limitations as to size, height and location set forth in subdivision (1) hereof. Such signs shall be displayed no more than three (3) six times per year by any business or establishment, nor for any period in excess of seven (7) days. COMMENT This amendment, requested by Councilmember Davis, will allow temporary signs of a commercial nature to be displayed six times a year instead of the current three times. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 2012. APPROVED AS TO CONTENT: Planning Dep*tment CA12261 R-1 May 3, 2012 APPROVED AS TO LEGAL SUFFICIENCY: Y City Attorney's Office 04 �7t u 5� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Federal and State Funds for Response and Recovery Expenses Associated with Hurricane Irene MEETING DATE: May 22, 2012 ■ Background: In August 2011, the City of Virginia Beach was hit by Hurricane Irene, resulting in damage from high winds and flooding. Subsequently, the Federal Emergency Management Agency (FEMA) and the Virginia Department of Emergency Management (VDEM) announced that they would offer reimbursement aid to the City for damages and cleanup associated with the storm. After the storm, representatives from FEMA met with various City departments to provide further guidance regarding what response and recovery expenses were eligible for reimbursement. For these eligible expenses, FEMA will reimburse the City 75%, VDEM will provide reimbursement of 18%. The un -reimbursed or local portion of these expenses is the remaining 7%. ■ Considerations: For an estimated total damage -related expenditure of $5,722,066, FEMA and VDEM together are expected to reimburse the City approximately $5,324,332 million for eligible damages and cleanup. The local portion is projected to be $397,734. At this point in the fiscal year, it is anticipated that the various departments will be able to absorb the local portion within their budgets. Staff will continue to monitor expenses for the remainder of the fiscal year to insure that the departments are able to absorb the local portion. ■ Public Information: Public information will be handled through the normal Council agenda process. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Finance/Risk Management City Manager. %�,�� 1 2 3 4 5 6 7 8 9 10 11 12 13 AN ORDINANCE TO ACCEPT AND APPROPRIATE FEDERAL AND STATE FUNDS FOR RESPONSE AND RECOVERY EXPENSES ASSOCIATED WITH HURRICANE IRENE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $4,293,816 in estimated revenue from the Federal Emergency Management Agency and $1,030,516 in estimated revenue from the Virginia Department of Emergency Management are hereby appropriated, with federal and state revenues increased accordingly, to the FY 2011-12 Operating Budget to reimburse the School Board and various City departments for response and recovery costs associated with Hurricane Irene. 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: Apl Management Services Citi CA12275 R-1 May 9, 2012 roved as to Legal Sufficiency: Office 4 gra CSi CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: (1) An Ordinance to Appropriate Funds to Provide an Interest -Free Loan to the Chesapeake Beach Volunteer Fire and Rescue Department, Inc. for the Purchase of an Ambulance (2) An Ordinance to Forgive the Remaining Balance of an Interest -Free Loan to the Chesapeake Beach Volunteer Fire and Rescue Department, Inc. MEETING DATE: May 22, 2012 ■ Background: The City of Virginia Beach's ten volunteer rescue squads provide invaluable services to our community. These squads own all the ambulances providing 911 emergency medical transportation services in the City. They receive no direct tax funding for their operating costs and do not charge their patients for medical treatment and transportation. The primary source of revenue for each volunteer rescue squad is their individual annual fund drive program. Based on the availability of funds, the City provides financial support for rescue squad operations via the Department of Emergency Medical Services operating budget. Support costs include, but are not limited to, fuel, liability insurance, standardized capital patient care equipment, volunteer recruitment programs, field supervision and training. Also, the City of Virginia Beach has historically provided short term, interest-free loans to the volunteer rescue squads. The majority of these loans have been to provide initial capital for the acquisition of replacement ambulances. The Chesapeake Beach Volunteer Fire and Rescue Squad (CBVRS), Inc. requests an interest-free loan from the City to replace an ambulance that has been deemed inoperable as the result of a crash in which CBVRS was not at fault. The driver who was responsible for the crash was not insured. The CBVRS, with the assistance of the City, has pursued the available avenues for recovery including the uninsured motorist pool and salvage value of the vehicle. After these efforts, an outstanding balance of $39,000 to an existing City -provided loan remains. The CBVRS requests that the remaining balance of the totaled ambulance be forgiven. ■ Considerations: The attached letter from CBVRS has been received by the Department of Emergency Medical Services requesting an interest-free loan in the amount of $150,000 payable over seven years with six annual payments of $21,429, and the last annual payment of $21,426. The first payment would commence one year from City Council approval. This loan covers the full value of the replacement ambulance. Due to the timing and amount of the insurance recovery, the rescue squad was unable to apply for a Virginia Rescue Squad Assistance Fund grant to assist with funding the replacement ambulance. The supplies and equipment from the totaled vehicle will be transferred to the new ambulance. Representatives from CBVRS have consulted with the City's Fleet Management Administrator and have identified the most affordable ambulance that will meet the needs of the community. CBVRS has been able to locate a vehicle chassis having a reduced price that can be the foundation of the ambulance. Purchase of this chassis must be made in timely manner to take advantage of the special pricing. ■ Public Information: Information will be disseminated through the regular Council agenda notification process. ■ Alternatives: The alternative to this request is to pursue a business loan from a private financial institution, which would be costlier and would cause the rescue squad to further delay purchase of the replacement ambulance. ■ Attachments: Ordinances, Loan Agreement for $150,000, Promissory Note for $150,000, Letter from Chesapeake Beach Volunteer Fire and Rescue Department Requesting a No Interest Loan Recommended Action: Approval Submitting Department/Agency: Department of Emergency Medical Services City Manager: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 AN ORDINANCE TO FORGIVE THE REMAINING BALANCE OF AN INTEREST-FREE LOAN TO THE CHESAPEAKE BEACH VOLUNTEER FIRE AND RESCUE DEPARTMENT, INC. WHEREAS, the Chesapeake Beach Volunteer Fire and Rescue Department, Inc. ("Rescue Squad") entered into a loan agreement ("Loan Agreement") with the City of Virginia Beach and provided a promissory note ("Note") on or about February 22, 2011 for the payment of an interest-free loan of $75,000 to purchase a pre -owned replacement ambulance; and WHEREAS, the ambulance has been damaged such that it is no longer serviceable; and WHEREAS, the Rescue Squad and the City amended the Note in January 2012 to extend the payment schedule for six -months to allow the Rescue Squad to make arrangements for salvage and other forms of recovery related to the damage; and WHEREAS, the City has received insurance recovery payment of $25,000 for the damaged ambulance leaving a loan balance of $39,000; and WHEREAS, the Rescue Squad requests the City to forgive the remaining balance of the loan. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the remaining balance of $39,000 on the interest-free loan provided by the City to the Rescue Squad is forgiven; 2. That the City Manager or his designee is directed to cancel the Note given to the City by the Rescue Squad and to pursue a mutual termination of the agreement between the City and the Rescue Squad, which provides the terms of payment of the loan. 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: APPROVED AS TO LEGAL SUFFICIENCY: Management Services / y's Office CA12269 R-1 May 7, 2012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 AN ORDINANCE TO APPROPRIATE FUNDS TO PROVIDE AN INTEREST-FREE LOAN TO THE CHESAPEAKE BEACH VOLUNTEER FIRE AND RESCUE DEPARTMENT, INC., FOR THE PURCHASE OF AN AMBULANCE WHEREAS, the Chesapeake Beach Volunteer Fire and Rescue Department, Inc. has requested an interest free loan of $150,000 to purchase a replacement ambulance with estimated cost of $150,000. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That $150,000 is hereby appropriated from the fund balance of the General Fund for an interest-free loan to the Chesapeake Beach Volunteer Fire and Rescue Department, Inc. for the purchase of a replacement ambulance; and 2. That the loan is to be repaid by Chesapeake Beach Volunteer Fire and Rescue Department, Inc. over seven (7) years, pursuant to the terms of the attached agreement and promissory note. 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: Management Services CA12268 R-1 May 7, 2012 Approved as to Legal Sufficiency: or ey's Office PROMISSORY NOTE $150,000 Virginia Beach, Virginia May 28, 2012 FOR VALUE RECEIVED, Chesapeake Beach Volunteer Fire and Rescue Department, Inc., ("Maker"), promises to pay, without offset, to the order of the City of Virginia Beach, ("Noteholder") at Municipal Center, Virginia Beach, VA, or such other place as Noteholder may designate in writing, the principal sum of ONE HUNDRED FIFTY THOUSAND DOLLARS ($150,000) together with interest thereon. From the date of this Note, interest on the unpaid principal balance shall accrue at the rate of ZERO Percent (0%) per annum. Payment on principal shall be as follows: On or before May 28, 2013 - $21,429 On or before May 28, 2014 - $21,429 On or before May 28, 2015 - $21,429 On or before May 28, 2016 - $21,429 On or before May 28, 2017 - $21,429 On or before May 28, 2018 - $21,429 On or before May 28, 2019 - $21,426 This note may be prepaid in whole or in part without penalty. Any such prepayments shall be applied to principal. If the Noteholder has not received the full amount of the annual payment by the end of 15 calendar days after the date it is due, Maker will pay a late charge to the Noteholder. The amount of the charge will be 15% of any overdue payment of principal. Maker will pay this late charge promptly but only once on each late payment. If Maker does not pay the full amount of each annual payment on the date it is due, Maker will be in default, and the entire principal amount hereof, together with all accrued interest and late charges, shall become immediately due and payable at the option of the Noteholder. Failure to exercise this option upon any default shall not constitute or be construed as a waiver of the right to exercise such option subsequently. Presentment, demand, protest, notices of dishonor and of protest, and all defenses and pleas on the ground of any extension or extensions of the time for payment or of the due dates of this note, the release of any parties who are or may become liable heron, in whole or in part, before or after maturity, with or without notice, are waived by the Maker and are jointly and severally waived by any endorsers, sureties, guarantors and assumers hereof. It is further agreed by each of the foregoing parties that they will pay all expenses incurred in collection this obligation, including reasonable attorney's fees, if this obligation or any part hereof is not paid when due. WITNESS the following signature(s). CHESAPEAKE BEACH VOLUNTEER FIRE AND RESCUE DEPARTMENT, INC. Title: Date: Title: Date: Agreement between the City of Virginia Beach and the Chesapeake Beach Volunteer Fire and Rescue Department, Inc. THIS AGREEMENT is made and entered into this day of , 2012, by and between the CITY OF VIRGINIA BEACH, VIRGINIA ("CITY") and the Chesapeake Beach Volunteer Fire and Rescue Department, Inc., a Virginia nonstick corporation ("RESCUE SQUAD"), in accordance with the provisions of Code of Virginia §§ 27-15.2 and 27-23.6. WHEREAS, the RESCUE SQUAD maintains equipment and personnel for emergency medical services within the City of Virginia Beach; and WHEREAS, the RESCUE SQUAD desires to provide the CITY with qualified and certified volunteer personnel and equipment to provide emergency medical services, and WHEREAS, the CITY hereto desires to support the volunteer emergency medical services in Virginia Beach provided by the RESCUE SQUAD; and WHEREAS, it is mutually deemed sound, desirable, practicable, and beneficial for the parties to enter into this agreement to render support and services to one another in accordance with these terms. WITNESSETH For and in consideration of the mutual promises and covenants set forth herein, and for other valuable consideration related to the acquisition of a vehicle, the parties enter into the following agreement as defined below: RESPONSIBILITIES OF THE CITY A. Provide a no interest loan of $150,000 for the purchase of the vehicle. B. Provide standardized equipment required for operations within the City including, but not limited to mobile communications devices, pagers, and map books. C. Provide or pay for insurance covering emergency service and support vehicles owned by the RESCUE SQUAD. D. Provide fuel for the vehicle. E. Provide all vehicle maintenance and inspection services, including payment of the annual maintenance fee, in support of the vehicle through the CITY's Division of Automotive Services, so long as the vehicle remains a CITY -insured vehicle. The Division of Automotive Services shall maintain maintenance records and allow the RESCUE SQUAD's officers access to those records. SPONSIBILITIES OF THE RESCUE SOUAD A. The RESCUE SQUAD shall repay the loan for the vehicle according to the Promissory Note. The RESCUE SQUAD shall have the ability to request reasonable relief on the due date/amount should extenuating circumstances occur. This request shall be made to the EMS Chief no less than 30 days prior to the payment due date, and the EMS Chief may provide an extension not to exceed six months upon a written determination that the extension is the result of extenuating circumstances. No more than one extension shall be granted without authorization from the City Council. B. If the vehicle is sold, after satisfying all conditions of the loan, including repayment, the CITY -owned equipment shall be removed and returned to the CITY prior to the sale of the vehicle, unless prior arrangements have been made to reimburse the CITY for the fair market value of the CITY -owned equipment. C. If, notwithstanding the provisions of subsection E in the prior section, the RESCUE SQUAD elects not to use the services of the CITY's Division of Automotive Services for any and all maintenance and inspection services, it shall be the responsibility of the RESCUE SQUAD to maintain the vehicle in accordance with the manufacturer's recommended maintenance schedule and procedures. The RESCUE SQUAD shall pay for all necessary maintenance and repairs and shall only use repair shops that are acceptable to the EMS Chief. DEFAULT AND MODIFICATION A. In the event that the RESCUE SQUAD defaults on the loan, the CITY may in its sole discretion agree to a modification of this agreement, in accordance with the modification procedure set forth in the next subsection. If the parties do not agree in writing to a modification of this agreement, then, upon default of the loan, ownership of the vehicle shall revert to the CITY. The CITY shall provide a rebate to the RESCUE SQUAD based on the net difference between the fair market value of the vehicle and the unpaid portion of the loan. If the CITY and the RESCUE SQUAD are unable to agree upon the fair market value of the vehicle, the parties shall select a third party who is acceptable to both the CITY and the RESCUE SQUAD to determine the vehicle's fair market value. B. This agreement may be reviewed at any time upon the direction of the City Manager. Each party must agree in writing to any subsequent modifications. 0) IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. ATTEST: City Clerk APPROVED AS TO CONTENT: Virginia Beach Management Services Virginia Beach Risk Management Virginia Beach EMS Chief CITY OF VIRGINIA BEACH, VIRGINIA James K. Spore, City Manager VIRGINIA BEACH VOLUNTEER RESCUE SQUAD, INC. Title: 3 APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office hA°CUE S April 12, 2012 Dear Chief Edwards: Chesapeake Beach Volunteer Fire and Rescue Department, Inc. Over 60 Years of Tradition and Service to Our Community P.O. Box 5674 Virginia Beach, Virginia 23471 • Tel. (757) 460-7509 I am writing to you on behalf of the Chesapeake Beach Volunteer Rescue Squad located at 2444 Pleasure House Rd., Virginia Beach, VA. Over the past few years, we have seen a steady increase in membership as a result of recruitment efforts by our squad members, the EMS Department and the Rescue Squad Foundation. That has resulted in our ambulances staffing more shifts and responding to more calls. In February of 2011, we were fortunate enough to secure a no interest loan from the city to purchase a $75,000 used ambulance. Our ambulance replacement committee worked very hard to find that ambulance which was very sound mechanically and at a price we could afford. Unfortunately, in September the ambulance was involved in a major accident, in which the other driver was found at fault. What made that mishap even worse was that the other driver was underinsured. The ambulance was deemed totally wreck by the adjusters and it has taken a while for the City to deal with the parties involved to collect insurance and salvage money Not having a full resolution until just this past week, our rescue squad did not apply for an RSFA grant for the cycle that closed in March. With all the people working on our behalf to resolve the issues to be best benefit of our rescue squad and the city, and due to not knowing the status of our loan responsibility with the city for the "totaled" ambulance, we feared that we would not have matching funds for the RSAF Grant in addition to the loan. We now find ourselves in desperate need of an ambulance to replace the one that was "totaled." In addition, we understand the remaining value on the current loan once the insurance and salvage payments have been tallied, is $39,000.00. The members of the Chesapeake Beach Volunteer Rescue Squad respectfully ask that the remaining balance of the current city loan be forgiven and a new no -interest loan in the amount of $150,000.00 be granted for a seven (7) year payback term. Our two existing ambulances are severely aging and have frequent mechanical issues and breakdowns. We have consulted with Mr. Reggie Padgett at the city garage to seek his input into the type of vehicle to consider for a future ambulance. With his suggestions we have determined the best ambulance to purchase that will meet our needs for the community is a Ford F650 Medtec ambulance. Atlantic Emergency Solutions has 2 (two) chassis available at a reduced price. With the limited inventory, we need to act in a timely manner to take advantage of this special pricing. We are fortunate enough to have enthusiastic volunteers at Chesapeake Beach Volunteer Rescue Squad who are ready and willing to serve the community. By providing us with the new loan we can ensure they are properly equipped to do so. We greatly appreciate your consideration in this manner. Sing ely, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate $150,000 from the Fund Balance of the Sheriff's Special Revenue Fund and to Transfer $150,000 from the General Fund Reserve for Contingencies to the FY 2011-12 Operating Budget of the Office of the Sheriff MEETING DATE: May 22, 2012 ■ Background: The Fair Labor Standards Act (FLSA) establishes national standards for when overtime compensation must be paid. Virginia Code § 9.1-701, Overtime Compensation Rate, imposes an obligation on employers of one hundred or more law-enforcement employees to pay overtime or provide leave at a rate of one and a half their regular rate of pay for all hours worked between the Fair Labor Standards Act (FLSA) maximum and the hours for which an employee receives their salary. Currently Virginia Beach Sheriff's Office employees work either 168 hours in a 28 day work period in the Corrections Center or 160 hours in a 28 day work period in the rest of the office. Under the FLSA the maximum hours worked before requiring overtime for law enforcement employees working a 28 day work period is 171 hours. Thus, the FLSA requires overtime pay or compensatory leave be provided at time and a half for all hours worked over 171 hours. The time between the normal hours scheduled in the work period, in this case 160 or 168 hours, and the FLSA maximum of 171 is often referred to as "gap time." Pursuant to the state law, sheriff deputies must receive pay or leave at time and a half for this gap time. Previously, deputies earned straight compensation time for this gap time until they met the FLSA overtime threshold of 171 hours. This practice has been modified going forward; however, some Sheriff's Office deputies are owed half time pursuant to the state law provision for gap time worked prior to the change in policy and practice. ■ Considerations: Employers who do not provide compensation for gap time as required by Virginia Code § 9.1-701 but act in good faith are only required to go back two years from the date the policy and practice was modified to determine what pay or leave is owed for gap time worked during that time period. Not addressing this issue promptly could result in the requirement to look back three years to determine the amount of gap time owed. The Sheriff's Office and City staff reviewed overtime records dating back two years from the first pay period in April when the Sheriff's Office policy changed. It was determined that the money owed for gap time worked during this two year period is $288,087; however, the Sheriff's Office feels it is important to designate $300,000 for this purpose in case some gap time was not accounted for in the original calculation. The Sheriff's Office is unable to absorb this cost in its current operating budget. Therefore, it is requested that City Council appropriate $150,000 from the fund balance of the Sheriff's Special Revenue Fund and transfer $150,000 from the General Fund Reserve for Contingencies into the Sheriff Office's FY 2011-12 Operating Budget to address this issue. ■ Public Information: Public information will be handled through the normal Council Agenda notification process. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Kenneth W. Stolle, Sheriff/High Constable City Manager: °`- • C ` 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 AN ORDINANCE TO APPROPRIATE $150,000 FROM THE FUND BALANCE OF THE SHERIFF'S SPECIAL REVENUE FUND AND TO TRANSFER $150,000 FROM THE GENERAL FUND RESERVE FOR CONTINGENCIES TO THE FY 2011- 12 OPERATING BUDGET OF THE OFFICE OF THE SHERIFF BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1) That $150,000 is hereby transferred from the General Fund Reserve for Contingencies to the FY 2011-12 Operating Budget of the Office of the Sheriff; and 2) That $150,000 is hereby appropriated from the Fund Balance of the Sheriff's Special Revenue Fund to the FY 2011-12 Operating Budget of the Office of the Sheriff. 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: APPROVED AS TO LEGAL SUFFICIENCY: management Services Ci s Office CA12277 R-1 May 10, 2012 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate Funds from the Oyster Heritage Trust Fund MEETING DATE: May 22, 2012 ■ Background: The City of Virginia Beach established an Oyster Heritage Trust Fund for the purpose of collecting donations dedicated to the restoration of oyster habitat and oysters in the Lynnhaven River watershed. To date, the Oyster Heritage Trust has received $614,867 in private donations to support this goal. In conjunction with the Trust Fund, the Department of Planning and Community Development has developed an Oyster Heritage Plan with the assistance of various agencies of the Commonwealth of Virginia, the U.S. Army Corps of Engineers, NOAA, Lynnhaven River NOW, and the Chesapeake Bay Foundation. A total of $567,705 has been appropriated to date from the Trust Fund to develop and implement the plan, and has resulted in the identification of multiple sites in the Lynnhaven River watershed for construction and seeding of oyster reefs. These efforts have resulted in the construction of over 60 acres of oyster habitat. The Lynnhaven Oyster Restoration Project was awarded a Presidential Coastal America Award in 2009 as an exemplary successful national habitat restoration project model, and has been recognized as the second largest oyster restoration effort in the world. In addition, the Lynnhaven River NOW community watershed organization has developed a model oyster shell recycling program in partnership with the City, the first of its kind in the Commonwealth. ■ Considerations: City staff has been working to develop a cost sharing arrangement as part of the Oyster Heritage Plan, which accomplishes the following outcomes: • The completion of previous oyster reef projects has established a sound model for continued future oyster reef restoration efforts in the Lynnhaven watershed, and has helped reestablish a viable commercial oyster industry in the Lynnhaven. • The ongoing oyster heritage plan implementation strategy represents a significant effort by the City to continue to address restoration of the environmental quality of the Lynnhaven River watershed, and shows local commitment to achieving the objectives of both Virginia and Federal government objectives towards restoration of the Chesapeake Bay. • This proposed oyster heritage project links directly to a major step forward on continuing this integrated strategy, which has been developed for environmental restoration of the Lynnhaven by working to prioritize efforts at restoration within those areas of the watershed which exhibit the least severe water quality problems. As a result of recent research, the Lynnhaven watershed has been recognized as a prime spot for oyster restoration for the entire Chesapeake Bay because it is a trap estuary with high salinity, had historically high populations of native oysters, and has considerably higher oyster recruitment today than many other sites in the Chesapeake Bay. The current project consists of continuation of a pilot oyster shell education and recycling program initiated in 2007 between the Lynnhaven River NOW community watershed organization and local restaurants to reclaim shell destined for the City landfill for reuse in creating additional oyster habitat after proper curing. This project has proven to be quite successful in recovering oyster shell for construction and maintenance of oyster reef habitat. The total cost of this project is $33,680. Currently, the fund balance in the Oyster Heritage Trust Fund is $98,662. ■ Public Information: Public information will be provided through the normal Council Agenda process. ■ Attachments: Ordinance Recommended Action: Approval of Ordinance Submitting Department/Agency: Department of Planning and Community Development City Manager: 1 2 3 4 5 6 7 8 9 10 AN ORDINANCE TO APPROPRIATE FUNDS FROM THE OYSTER HERITAGE TRUST FUND BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $33,680 is hereby appropriated from the Oyster Heritage Trust Fund to the FY 2011-12 Operating Budget of the Department of Planning and Community Development for the purpose of increasing oyster habitat in the Lynnhaven River watershed and to continue the Oyster Shell Recycling Program. 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: ._' Management Services CA12271 R-1 May 7, 2012 APPROVED AS TO LEGAL SUFFICIENCY: C' or Vi -Office '.�NwaFq'+ seg CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate Funds from the Tree Restoration — Shore Drive Area Trust Fund MEETING DATE: May 22, 2012 ■ Background: The City of Virginia Beach established a Tree Restoration — Shore Drive Area Trust Fund for the purpose of collecting donations dedicated to the restoration or enhancement of trees and habitat in the Shore Drive area, including tree planting, tree transplanting, tree protection, or similar related activities. The fund was initially targeted at helping to protect losses to maritime forest areas in the City threatened by increasingly intensive urban development and redevelopment activity. To date, the Trust has received a total of $23,604 from private donations to support this goal. In conjunction with the Trust Fund, the Department of Planning and Community Development has developed a Live Oak strategy to implement recommendations contained in the City's Comprehensive Plan, with the assistance of various agencies of the Commonwealth of Virginia and the recently formed Friends of Live Oaks community organization. The Friends of Live Oaks community organization is currently developing a program for reintroducing live oaks in the City as a signature tree species. This program is also in keeping with City Council's designation of the Live Oak as the City's Official Tree. ■ Considerations: City staff has been working to develop a cost sharing arrangement with the Friends of Live Oaks community organization as part of the Live Oak strategy, which accomplishes the following outcomes: • The implementation of a previous live oak planting project by the City and Friends of Live Oaks has established a sound model for continued future live oak restoration efforts in the City, and has helped reestablish community interest and awareness of this unique tree in the City. • The Live Oak strategy represents a significant effort by the City to continue to address restoration of unique maritime forest habitat in the City, and shows local commitment to helping achieve the objectives of both Virginia and Federal government towards restoration of natural habitats. • This proposed continuation and expansion of the pilot live oak program links directly to a major step forward on continuing this integrated strategy, which has been developed for environmental restoration of a special City ecosystem by working to prioritize efforts at restoration within those areas of the City that exhibit the highest potential for restoration of maritime forest habitat. The current project consists of the continuation and expansion of the pilot live oak program initiated in 2011 between the City and the Friends of Live Oaks community organization. The total cost of this project is $5,000. Currently, the fund balance in the Tree Restoration — Shore Drive Area Trust Fund is $21,919. ■ Public Information: Public information will be provided through the normal Council Agenda process. ■ Attachments: Ordinance Recommended Action: Approval of Ordinance Submitting Department/Agency: Department of Planning and Community Development City Manager: �`/- "�wlkl 1 2 3 4 5 6 7 8 9 10 AN ORDINANCE TO APPROPRIATE FUNDS FROM THE TREE RESTORATION — SHORE DRIVE AREA TRUST FUND BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $5,000 is hereby appropriated from the Tree Restoration — Shore Drive Area Trust Fund to the FY 2011-12 Operating Budget of the Department of Planning and Community Development to increase maritime forest habitat in the City and to continue and expand the pilot live oak program. 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: Management Services CA12270 R-1 May 7, 2012 APPROVED AS TO LEGAL SUFFICIENCY: I tt ey's Office CITY OF VIRGINIA BEACH 1114. AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a 3 -Year Lease with Charles Macin d/b/a Uncle Chuck's Seafood for Approximately 720 sq. ft. of Land at the Virginia Beach Farmers Market. MEETING DATE: May 22, 2012 ■ Background: Charles Macin d/b/a Uncle Chuck's Seafood ("Uncle Chuck's") would like to lease approximately 720 sq. ft. of land at Virginia Beach Farmers Market from the City of Virginia Beach (the "City"). The lease area is located in the paved area along the northern property line of the Virginia Beach Farmers Market. ■ Considerations: The term of the Lease is three (3) years. The Lease has a forty-eight (48) hour termination clause in the event the City needs the property for a public purpose prior to the termination of the Lease. Uncle Chuck's will operate out of a temporary structure on the land. For more specific terms, see attached Summary of Terms. ■ Public Information: Advertisement of Public Hearing Advertisement of City Council Agenda ■ Alternatives: Approve Lease as presented, change conditions of the Lease or deny leasing of the space. ■ Recommendation: Approval ■ Attachments: Ordinance Summary of Terms Location Map Recommended Action: Approval Submitting Department/Agency: Public Works / Facilities Management 0 City Manager. \\vbgov.com\DFS I\Applications\CityLaw\cycom32\Wpd0cs\D008\P019\00018724.DOC 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A 3 -YEAR LEASE WITH 3 CHARLES MACIN D/B/A UNCLE CHUCK'S 4 SEAFOOD FOR APPROXIMATELY 720 SQ. FT. OF 5 LAND AT THE VIRGINIA BEACH FARMERS 6 MARKET 7 8 WHEREAS, the City of Virginia Beach (the "City") is the owner of The City of 9 Virginia Beach Farmers Market located at the corner of Princess Anne Road and Dam 10 Neck Road in Virginia Beach, Virginia (the "Farmers Market"); 11 12 WHEREAS, Charles Macin d/b/a Uncle Chuck's Seafood ("Uncle Chuck's") 13 would like to enter into a formal lease arrangement with the City for approximately 720 14 sq. ft. of land at the Farmers Market (the "Premises"); 15 16 WHEREAS, the Premises will be utilized for the sale of seafood and related 17 items and for no other purpose; and 18 19 WHEREAS, Uncle Chuck's has agreed to pay the City $282.00 per month 20 ($3,384.00 per year) for the use of the Premises for the first year of the term, with 21 annual rent increases equal to 5%. 22 23 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 24 OF VIRGINIA BEACH, VIRGINIA: 25 26 That the City Manager is hereby authorized to execute a lease for a term of three 27 (3) years between Charles Macin d/b/a Uncle Chuck's Seafood and the City for the 28 Premises in accordance with the Summary of Terms attached hereto and made a part 29 hereof, and such other terms, conditions or modifications as may be acceptable to the 30 City Manager and in a form deemed satisfactory by the City Attorney. 31 32 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 33 , 2012. APPROVED AS TO LEGAL SUFFICIENCY AND FORM City Attorney CA 12149 \\vbgov.com\DFS 1 Applications\CityLawProd\cycom32\W pdocs\D008\P019\00018727. DOC R-1 May 14, 2012 APPROVED AS TO CONTENT Public Wor / Facilities Management SUMMARY OF TERMS LEASE FOR APPROXIMATELY 720 SQ. FT. OF LAND AT THE VIRGINIA BEACH FARMERS MARKET LESSOR: City of Virginia Beach (the "City") LESSEE: Charles Macin (d/b/a Uncle Chuck's Seafood) PREMISES: 720 sq. ft. of land located in the paved area along the northern property line of the Virginia Beach Farmers Market TERM: 36 months: June 1, 2012 — May 31, 2015 RENT: Year 1: $282.00 per month ($3,384.00 per year) Year 2: $296.10 per month ($3,553.20 per year) Year 3: $310.90 per month ($3,730.80 per year) RIGHTS AND RESPONSIBILITIES OF LESSEE: Use leased space for the sale of seafood and related items and for no other purpose. Maintain leased space and any improvements placed or constructed on the Premises by the Lessee. Payment of all assessed fees. Purchase commercial general liability insurance for the Premises with policy limits of not less than $500,000 combined single limits per occurrence. RIGHTS AND RESPONSIBILITIES OF CITY: Maintain common areas of the Premises only. The City is not responsible for any structure or other improvement placed on the Premises by the Lessee. Provide electrical access to Lessee. TERMINATION: Either party may terminate for any reason by providing the other party ninety (90) days' written notice. City also has special right to terminate if necessary for any public purpose by giving forty-eight (48) hours' written notice. \\vbgov.cotn\DFS I \Applications\CityLawProd',cycom32\ Wpdocs\D009\P014\00019759.DOC L '0 E CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a 3 -Year Lease with Chuck Beeson d/b/a Keep It Poppin' Kettle Corn for Approximately 630 sq. ft. of Land at the Virginia Beach Farmers Market. MEETING DATE: May 22, 2012 ■ Background: Chuck Beeson d/b/a/ Keep It Poppin' Kettle Corn ("Keep it Poppin' ") would like to lease approximately 630 sq. ft. of land Virginia Beach Farmers Market from the City of Virginia Beach (the "City"). The lease area is located in the paved area along the northern property line of the Virginia Beach Farmers Market. ■ Considerations: The term of the Lease is three (3) years. The Lease has a forty-eight (48) hours termination clause in the event the City needs the property for a public purpose prior to the termination of the Lease. Keep it Poppin' will operate out of a temporary structure on the land. For more specific terms, see attached Summary of Terms. ■ Public Information: Advertisement of Public Hearing Advertisement of City Council Agenda ■ Alternatives: Approve Lease as presented, change conditions of the Lease or deny leasing of the space. ■ Recommendation: Approval ■ Attachments: Ordinance Summary of Terms Location Map Recommended Action: Approval Submitting Department/Agency: Public Works / Facilities Management PAD -:�rCity Manager: K- , r \\vbgov.com\DFS1\Applications\CityLawPro\cycom32\Wpdocs\D008\P019\00018698.DOC 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A 3 -YEAR LEASE WITH 3 CHUCK BEESON D/B/A KEEP IT POPPIN' KETTLE 4 CORN FOR APPROXIMATELY 630 SQ. FT. OF 5 LAND AT THE VIRGINIA BEACH FARMERS 6 MARKET 7 8 WHEREAS, the City of Virginia Beach (the "City") is the owner of The City of 9 Virginia Beach Farmers Market located at the corner of Princess Anne Road and Dam 10 Neck Road in Virginia Beach, Virginia (the "Farmers Market"); 11 12 WHEREAS, Chuck Beeson d/b/a Keep it Poppin' Kettle Corn ("Keep it Poppin"') 13 would like to enter into a formal lease arrangement with the City for approximately 630 14 sq. ft. of land at the Farmers Market (the "Premises"); 15 16 WHEREAS, the Premises will be utilized for the sale of kettle corn and related 17 items, and for no other purpose; and 18 19 WHEREAS, Keep it Poppin' has agreed to pay the City $222.25 per month 20 ($2,667.00 per year) for the use of the Premises for the first year of the term, with 21 annual rent increases equal to 5%. 22 23 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 24 OF VIRGINIA BEACH, VIRGINIA: 25 26 That the City Manager is hereby authorized to execute a lease for a term of three 27 (3) years between Chuck Beeson d/b/a Keep it Poppin' Kettle Corn and the City for the 28 Premises in accordance with the Summary of Terms attached hereto and made a part 29 hereof, and such other terms, conditions or modifications as may be acceptable to the 30 City Manager and in a form deemed satisfactory by the City Attorney. 31 32 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 33 , 2012. APPROVED AS TO LEGAL SUFFICIENCY AND FORM City Attorney CA12147 \\vbgov.com\DFS1 \Applications\CityLawProd\cycom32\W pdocs\D008\P019\00018700.DOC R-1 May 14, 2012 APPROVED AS TO CONTENT �C Public Wo / Faciliti Management SUMMARY OF TERMS LEASE FOR APPROXIMATELY 630 SQ. FT. OF LAND AT THE VIRGINIA BEACH FARMERS MARKET LESSOR: City of Virginia Beach (the "City") LESSEE: Chuck Beeson (d/b/a Keep it Poppin' Kettle Corn) PREMISES: 630 sq. ft. of land located in the paved area along the northern property line of the Virginia Beach Farmers Market TERM: 36 months: June 1, 2012 — May 31, 2015 RENT: Year 1: $222.25 per month ($2,667.00 per year) Year 2: $233.36 per month ($2,800.32 per year) Year 3: $245.03 per month ($2,940.36 per year) RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use leased space for the sale of kettle corn and related items, and for no other purpose. • Maintain leased space and any improvements placed or constructed on the Premises by the Lessee. Payment of all assessed fees. Purchase commercial general liability insurance with policy limits of not less than $500,000 combined single limits per occurrence. RIGHTS AND RESPONSIBILITIES OF CITY: • Maintain common areas of the Premises only. The City is not responsible for any structure or other improvement placed on the Premises by the Lessee. Provide electrical access to Lessee. TERMINATION: • Either party may terminate for any reason by providing the other party ninety (90) days' written notice. • City also has special right to terminate if necessary for any public purpose by giving forty-eight (48) hours' written notice. \\vbgov.comAdfs 1 Aapplications\citylawprodAcycom32, WpdocsAD012\P006A00028342. DOC 0 ~ � ' ~ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a 3 -Year Lease with FLS Corporation d/b/a The Garden Box for Approximately 4,080 sq. ft. of Land at the Virginia Beach Farmers Market. MEETING DATE: May 22, 2012 ■ Background: FLS Corporation d/b/a The Garden Box ("The Garden Box") desires to lease approximately 4,080 sq. ft. of land at the Virginia Beach Farmers Market from the City of Virginia Beach (the "City"). The lease area is located in the paved area along the northern property line of the Virginia Beach Farmers Market. ■ Considerations: The term of the Lease is three (3) years. The Lease has a forty-eight (48) hour termination clause in the event the City needs the property for a public purpose prior to the termination of the Lease. The Garden Box will operate out of a temporary structure on the land. For more specific terms, see attached Summary of Terms. ■ Public Information: Advertisement of Public Hearing Advertisement of City Council Agenda ■ Alternatives: Approve Lease as presented, change conditions of the Lease or deny leasing of the space. ■ Recommendation: Approval ■ Attachments: Ordinance Summary of Terms Location Map Recommended Action: Approval Submitting Department/Agency: Public Works / Facilities Management N -D City Manager: � :1�� \\vbgov.com\DFS 1 \Applications\CityLawProd\cycom32\W pdocs\D008\P019\00018698.DOC 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A 3 -YEAR LEASE WITH 3 FLS CORPORATION D/B/A THE GARDEN BOX 4 FOR APPROXIMATELY 4,080 SQ. FT. OF LAND AT 5 THE VIRGINIA BEACH FARMERS MARKET 6 7 WHEREAS, the City of Virginia Beach (the "City") is the owner of The City of 8 Virginia Beach Farmers Market located at the corner of Princess Anne Road and Dam 9 Neck Road in Virginia Beach, Virginia (the "Farmers Market"); 10 11 WHEREAS, FLS Corporation d/b/a The Garden Box ("The Garden Box") would 12 like to enter into a formal lease arrangement with the City for approximately 4,080 sq. ft. 13 of land at the Farmers Market (the "Premises"); 14 15 WHEREAS, the Premises will be utilized for the sale of plants and garden 16 related items, and for no other purpose; and 17 18 WHEREAS, The Garden Box has agreed to pay the City $1,147.50 per month 19 ($13,770.00 per year) for the use of the Premises for the first year of the term, with 20 annual rent increases equal to 5%. 21 22 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 23 OF VIRGINIA BEACH, VIRGINIA: 24 25 That the City Manager is hereby authorized to execute a lease for a term of three 26 (3) years between FLS Corporation d/b/a The Garden Box and the City for the Premises 27 in accordance with the Summary of Terms attached hereto and made a part hereof, and 28 such other terms, conditions or modifications as may be acceptable to the City Manager 29 and in a form deemed satisfactory by the City Attorney. 30 31 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 32 , 2012. APPROVED AS TO LEGAL SUFFICIENCY AND FORM City Attorney CA12148 \\vbgov.com\DFS1Wpplications\CityLawProd\cycom32\W pdocs\D008\P019\00018722.DOC R-1 May 14, 2012 APPROVED AS TO CONTENT c6ia����� Public Work / Facilitieg Management SUMMARY OF TERMS LEASE FOR APPROXIMATELY 4,080 SQ. FT. OF LAND AT THE VIRGINIA BEACH FARMERS MARKET LESSOR: City of Virginia Beach (the "City") LESSEE: FLS Corporation (d/b/a The Garden Box) PREMISES: 4,080 sq. ft. of land located in the paved area along the northern property line of the Virginia Beach Farmers Market TERM: 36 months: June 1, 2012 — May 31, 2015 RENT: Year 1: $1,147.50 per month ($13,770.00 per year) Year 2: $1,204.88 per month ($14,458.56 per year) Year 3: $1,265.12 per month ($15,181.44 per year) RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use leased space for the sale of plants and garden related items and for no other purpose. • Maintain leased space and any improvements placed or constructed on the Premises by the Lessee. • Payment of all assessed fees. • Purchase commercial general liability insurance for the Premises with policy limits of not less than $500,000 combined single limits per occurrence. RIGHTS AND RESPONSIBILITIES OF CITY: Maintain common areas of the Premises only. The City is not responsible for any structure or other improvement placed on the Premises by the Lessee. Provide electrical access to Lessee. TERMINATION: • Either party may terminate for any reason by providing the other party ninety (90) days' written notice. • City also has special right to terminate if necessary for any public purpose by giving forty-eight (48) hours' written notice. \wbgov.com\DFSI ,Applications\CityLawProd\cycom32\Wpdocs\DOOS\PO 19100018720. DOC U ^� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the Acquisition of the 30 -foot Wide Strip of Land Adjacent to the Former Norfolk Southern Right -of -Way Between Independence Boulevard and Thalia Creek. MEETING DATE: May 22, 2012 ■ Background: On August 11, 2009, City Council appropriated funds to the City of Virginia Beach Development Authority (the "Authority") for the purchase of the former Circuit City property at 110 S. Independence Boulevard, south of Town Center (the "Circuit City Property"). City Council and the Authority determined that the Circuit City Property was a strategic acquisition, with potential for future expansion of the Town Center Project or other municipal goals. The Circuit City Property is separated from Town Center by the former Norfolk Southern right-of-way and a 30 -foot wide strip of land (the "30' Strip"). The 30' Strip runs parallel to the former Norfolk Southern right-of-way and extends from Independence Boulevard to Thalia Creek, except for the portions used for public roadway. The 30' Strip contains approximately 58,025 sq. ft. (1.33 acres), with a portion designated as GPIN 1477-43- 7976 and the remainder with no GPIN assigned. ■ Considerations: Staff and the owners of the 30' Strip, the Trustees of the R.E. Townsend Land Trust, have negotiated a purchase price of $300,000 for the 30' Strip. The City has previously acquired the former Norfolk right-of-way and, with the acquisition of the 30' Strip, would control all the property between the Circuit City Property and Town Center. Acquisition of the 30' Strip would give the City greater flexibility and additional options for the future development of the Circuit City Property and Town Center. ■ Public Information: Advertisement of City Council Agenda. ■ Recommendations: Approve acquisition of the 30' Strip. ■ Attachments: Ordinance Summary of Terms Location Map Recommended Action: Approval f . Submitting Department/Agency: Department of Economic Developments /zo' � City Manager. �1L �oyo<, 1 AN ORDINANCE AUTHORIZING THE 2 ACQUISITION OF THE 30 -FOOT WIDE STRIP 3 OF LAND ADJACENT TO THE FORMER 4 NORFOLK SOUTHERN RIGHT-OF-WAY 5 BETWEEN INDEPENDENCE BOULEVARD 6 AND THALIA CREEK 7 8 WHEREAS, on August 10, 2009, City Council approved the purchase by the City of 9 Virginia Beach Development Authority of the former Circuit City property located at 110 S. 10 Independence Boulevard in the City of Virginia Beach (the "Circuit City Property"); 11 12 WHEREAS, the Circuit City Property is separated from the former Norfolk Southern 13 right-of-way ("NS ROW") and Town Center by a 30 -foot wide strip of land (the "30' Strip"); 14 15 WHEREAS, the 30' Strip runs parallel to the NS ROW from Independence 16 Boulevard east to Thalia Creek, and contains a total of approximately 58,025 sq. ft. (1.33 17 acres). A portion of the 30' Strip is designated as GPIN 1477-43-7976, and the remainder 18 has no GPIN assigned; 19 20 WHEREAS, City staff and the owners of the 30' Strip have agreed on a $300,000 21 purchase price for the 30' Strip, subject to City Council's approval; 22 23 WHEREAS, funding for the purchase of the 30' Strip is available from Various Site 24 Acquisitions (CIP-3-368); and 25 26 WHEREAS, City Council is of the opinion that the acquisition of the 30' Strip will 27 promote the economic interests of the City of Virginia Beach. 28 29 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 30 VIRGINIA: 31 32 That the City Manager, or his authorized designee, is hereby authorized to execute 33 any and all documents necessary to facilitate the purchase of the 30' Strip, pursuant to 34 §15.2-1800 of the Code of Virginia (1950), as amended, so long as such documents are in 35 accordance with the Summary of Terms, attached hereto as Exhibit A, and made a part 36 hereof, and such other terms, conditions, or modifications deemed necessary and sufficient 37 by the City Manager and in a form deemed satisfactory by the City Attorney. 38 39 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 40 of May, 2012. APPROVED AS TO CONTENT: APPROVED A$r'TO LEG SUFFICIENCY: Economic Development City Attorneys Office CA12162 \\vbgov.com\DFS1Wpplications\CityLawProd\cycom32\W pdocs\D011 \P013\00019166. DOC R-1 May 11, 2012 EXHIBIT A SUMMARY OF TERMS 30 -FOOT WIDE STRIP OF LAND BETWEEN THE FORMER NORFOLK SOUTHER RIGHT-OF-WAY AND THE FORMER CIRCUIT CITY PROPERTY PROPERTY SIZE AND LOCATION: 30 -foot strip of land containing a total of approximately 58,025 sq. ft. (1.33 acres) directly south of the former Norfolk Southern Right -of - Way, running between Independence Boulevard and Thalia Creek. The 30' strip is in three separate pieces, separated by the City -owned rights of way at Market Street and Constitution Drive. SELLER: Trustees of the R. E. Townsend Land Trust BUYER: City of Virginia Beach ZONING: B-3 AICUZ: N/A SALE PRICE: $300,000 CLOSING: 30 days from full execution of agreement of sale. FUNDING SOURCE: Various Site Acquisitions (CIP 3-368) \\vbgov.com\DFS1 \Applications\CityLawProd\cycom32\W pdocs\D007\P013\00018401.DOC CL Ir sJ -4499 M I r L IIJ 1! M I r L P; CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Authorizing Participation in a Study of Regionalization of Sanitary Sewer Service and Assets MEETING DATE: May 22, 2012 ■ Background: Wastewater in Hampton Roads is collected by local utilities departments and pumped to the Hampton Roads Sanitation District (HRSD) for treatment. As a result of unfunded mandates, the localities and HRSD are collectively facing billions of dollars of expenditures for rehabilitation and expansion of collection and treatment systems. The HRSD has proposed a study to explore the feasibility of combining locality collection systems into the HRSD system. The study would be managed by the Hampton Roads Planning District Commission (HRPDC) with a steering committee that includes representatives from the localities and HRSD. HRSD would fund the study, estimated to require $500,000 and one year to complete. ■ Considerations: The advantages of a single agency responsible for wastewater disposal from the lateral to the outfall would be efficiency with respect to operations, mandated capital spending, and private -side regulatory enforcements. There would be a single bill at a uniform rate, and the issue of rising sanitary sewer costs would no longer be a locality issue. Localities with higher rates, higher debt, and/or older or poorly maintained collection systems would likely benefit more from consolidation, while localities at the other end of the spectrum would benefit less, or not at all. Another disadvantage of consolidation could be less control of where new sanitary sewer infrastructure would be extended or expanded, and under what terms. Participation in the study will require Public Utilities to provide HRPDC with access to information and data concerning the sanitary sewer system, and consult and cooperate with HRPDC's consultant. There is no obligation on the part of the City to fund any part of the study or to accept, adopt, or comply with any findings or recommendations of the study. ■ Public Information: Public information has been provided through the normal Council agenda process. ■ Recommendations: All other jurisdictions in Hampton Roads have previously adopted the resolution. Public Utilities recommends that Virginia Beach adopt the resolution as well. ■ Attachments: Resolution. Recommended Action: Adopt Resolution J�6vxo_7 Submitting Department/Agency: Department of Public Utilities (/ City Manager: �, yl 1 A RESOLUTION AUTHORIZING PARTICIPATION IN A 2 STUDY OF REGIONALIZATION OF SANITARY SEWER 3 SERVICE AND ASSETS 4 5 WHEREAS, the City of Virginia Beach owns and operates a sanitary sewer 6 collection system directly connected to the regional sanitary sewer system owned and 7 operated by the Hampton Roads Sanitation District (HRSD), a political subdivision of 8 the Commonwealth of Virginia; and 9 WHEREAS, HRSD and thirteen of the seventeen localities within Hampton 10 Roads entered a Special Order by Consent with the State Water Control Board on 11 September 26, 2007 (the Order) for the purpose of resolving certain alleged violations of 12 environmental laws and regulations; and 13 WHEREAS, in the course of planning actions to meet the requirements of the 14 Order, the potential to develop a more cost effective set of actions to satisfy the 15 requirements of the Order through consolidation of sanitary sewer assets under a single 16 regional entity has been identified; and 17 WHEREAS, consolidation of all sanitary sewer assets directly connected to 18 HRSD has the potential to reduce total sanitary sewer operation and maintenance costs 19 for the Hampton Roads region in addition to the potential capital cost savings for the 20 Hampton Roads regional ratepayers within the localities under the Order; and 21 WHEREAS, data gathering, analysis and study are required to determine 22 whether the benefits that may be identified within Hampton Roads from further 23 regionalization outweigh the challenges of regional consolidation of sanitary sewer 24 service and assets. 25 NOW, THEREFORE, BE IT RESOLVED that the City of Virginia Beach hereby 26 requests that the Hampton Roads Planning District Commission (HRPDC) conduct a 27 study of further regionalization of sanitary sewer service and assets (the Study). Such 28 study shall be funded by HRSD in an amount agreeable to HRSD and completed by 29 July 1, 2013; and 30 BE IT FURTHER RESOLVED that the City of Virginia Beach will provide access 31 to information, data, assets, staff and otherwise cooperate with the HRPDC and/or the 32 HRPDC's agent in conducting the Study of regional consolidation of sanitary sewer 33 assets, and the City of Virginia Beach will participate in a thorough evaluation of the 34 Study results; and 35 BE IT FURTHER RESOLVED that this request does not bind the City of Virginia 36 Beach to participate financially in the Study or to accept, adopt or comply with any 37 conclusions or recommendations of the Study; and 38 BE IT FURTHER RESOLVED that the Study may impact the localities' and/or 39 HRSD's ability to accomplish all of the work required under the Order and as such, the 40 decision to conduct the Study is contingent on receiving an appropriate stay or deferral 41 of activities required by the Order as necessary to (1) allow existing sewer managers 42 and staff to participate fully in the Study, and (2) to avoid further study, analysis, 43 evaluation or performance of sewer system rehabilitation, upgrades, or replacements 44 that may not be regionally cost effective should further regionalization of sewer service 45 and assets be achieved as a result of the Study. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of )2012. APPROVED AS TO CONTENT out a M IWL4.-77r Department of Public Utilities CA12260 R-1 April 27, 2012 APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office 2 rIV, •y"; 4%_.vr a CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer Funds between Major Classifications within the FY 2011-12 School Operating Budget MEETING DATE: May 22, 2012 ■ Background: At its May 8th meeting, the School Board adopted a resolution requesting that City Council adopt an ordinance transferring funds between major classifications. The total amount requested to be transferred is $1,217,008. Of this total, $872,008 (from the Instruction Classification) and $60,000 (from the Operations and Maintenance Classification) would go to the Technology Fund. The balance, $285,000, would be transferred from the Instruction Classification to the Pupil Transportation Classification. As provided by law, technology related expenditures made by the Schools are a separate classification when funding is provided by classification. City Council authorization is required to effectuate this transfer. ■ Considerations: The School's total budget remains balanced, and this transfer will not change total appropriations in the School's FY 2011-12 Operating Budget. The School intends to use the funds for technology related purchases including technological services, license renewals, iPads, kindles, scanners, promethean boards, computers, monitors, printers, laptops, computer supplies, Learning Math Subscription, SOL on-line training, and an expansion of the data storage system. ■ Public Information: Information will be provided by the regular Council agenda process. ■ Attachments: Ordinance and School Board Resolution Submitting Department/Agency: Virginia Beach City Public Schools City Manager.�� ��, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 AN ORDINANCE TO TRANSFER FUNDS BETWEEN MAJOR CLASSIFICATIONS WITHIN THE FY 2011-12 SCHOOL OPERATING BUDGET BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: 1. $872,008 from the Instruction Classification of the School Operating Fund is hereby transferred to the Technology Fund within the FY 2011-12 School Operating Budget; 2. $60,000 from the Operations and Maintenance Classification of the School Operating Fund is hereby transferred to the Technology Fund within the FY 2011-12 School Operating Budget; and 3. $285,000 from the Instruction Classification of the School Operating Fund is hereby transferred to the Pupil Transportation of the School Operating Fund of the FY 2011-12 School Operating Budget. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2012. APPROVED AS TO CONTENT: AP i 1 L Management Services 42jt,1 CA12278 R-1 May 10, 2012 OVED AS TO LEGAL SUFFICIENCY: s Office VIRGINIA BEACH CITY PUBLIC SCHOOLS A H E A D o f r H E c u R v E Daniel D. Edwards, Chairman School Board of the City of Virginia Beach District 1 —Centerville 2512 George Mason Drive P.O. Box 6038 Virginia Beach, VA 23456-0038 (757) 263-1016 www.vbschools.com/schoolboard James G. Merrill, Ed.D., Superintendent William J. "Bill" Brunke, IV, Vice -Chairman District 7 — Princess Anne Todd C. Davidson, At -Large Emma L. "Em" Davis, District 5 — Lynnhaven Dorothy M. "Dottie" Holtz, At -Large Brent N. Mckenzie, District 3 — Rose Hall Ashley K. McLeod, At -Large Samuel G. "Sam" Reid, District 6 — Beach Patrick S. Salyer, District 2 — Kempsville D. Scott Seery, At -Large Carolyn D. Weems, District 4 — Bayside RESOLUTION REGARDING FY 2011-12 BUDGET AND REQUEST FOR CATEGORICAL/FUND TRANSFERS WHEREAS, the City of Virginia Beach, Virginia's adopted Budget Ordinance for the current fiscal year appropriated funds to the School Board of the City of Virginia Beach, Virginia by major Category; and WHEREAS, the Code of Virginia §22.1-115, as amended, requires that technology -related expenditures be made in a separate Fund or Category; and WHEREAS, the School Administration has determined that a number of schools/departments have technology -related and operating -related spending needs that require categorical/fund transfers to enable purchases such as: technological services, license renewals, iPads, kindles, scanners, promethean board, computers, monitors, printers, laptops, computer supplies, Learning Math Subscription, SOL on-line training, and expansion to data storage system; and WHEREAS, the following budget transfers are recommended by the School Administration: Total of $872,008 from Operating Fund 115 - Instruction to Technology Fund 106; • Total of $60,000 from Operating Fund 115 - Operations and Maintenance to Technology Fund 106; • Total of $285,000 from Operating Fund 115 - Instruction to Pupil Transportation; and WHEREAS, these transfers are also necessary to appropriately expense and account for these expenditures; and WHEREAS, transfers between categories/funds must be approved by the City Council prior to expenditure of such funds by the School Board. NOW, THEREFORE, BE IT RESOLVED: That the School Board approves and affirms the above listed recommended uses of these funds; and be it FURTHER RESOLVED: That the School Board requests that the City Council approve the budget categorical/funds transfers shown above; and be it FINALLY RESOLVED: That a copy of this Resolution be spread across the official minutes of this School Board, and the Clerk of the School Board is directed to deliver a copy of this Resolution to the Mayor, each member of the City Council, the City Manager, and the City Clerk. Adopted by the School Board of the City of Virginia Beach this 8th day of May 2012 S E A L Daniel D, Edwards, School Board Chairman ATTEST: Dianne P. Alexander, Clerk of the School Board CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Formally Re -adopting the Virginia Beach Emergency Operation Plan MEETING DATE: May 22, 2012 ■ Background: The Code of Virginia § 44-146.19.E. requires that jurisdictions in Virginia update and re -adopt their Emergency Operations Plans on a four-year cycle. Additionally, the City Code also requires that an Emergency Operations Plan (EOP) be maintained and kept up-to-date. The maintenance of a current EOP is also a condition of certain grant funding for the City of Virginia Beach. The EOP provides an overview of the City's emergency management operational structure and the tasking of agencies to support the community's response to large-scale emergencies and disasters. The Fire Department/Office of Emergency Management has completed this review process and requests that the City Council formally adopt the 2012 version of the City's Emergency Operations Plan, as required by law. ■ Considerations: No major revisions resulted from the 2012 review. Amendments included updates to reflect organizational changes and incorporate to a greater extent methodologies such as the National Incident Management System, the Incident Command System and the Emergency Management Support Functions. . ■ Public Information: Public information will be handled through the normal Council agenda process. ■ Recommendations: Adopt Ordinance ■ Attachments: Ordinance and EOP Abstract Recommended Action: Approval Submitting Department/Agency: Fire Department/Office of Emergency ManagemenNtylk, City Manager: � ► a'r"L 1 A RESOLUTION FORMALLY RE -ADOPTING THE 2 VIRGINIA BEACH EMERGENCY OPERATIONS PLAN 3 WHEREAS, the City of Virginia Beach Fire Department, Office of Emergency 4 Services, regularly and routinely publishes and updates an Emergency Operations Plan 5 for the City of Virginia Beach; and 6 7 WHEREAS, Code of Virginia § 44-146.19.E. requires the City Council to formally 8 review and re -adopt the City of Virginia Beach Emergency Operations Plan every four 9 years; and 10 11 WHEREAS, that last adoption of the City of the Virginia Beach Emergency 12 Operation Plan occurred in 2008; and 13 14 WHEREAS, the four-year review and revision of the City of Virginia Beach 15 Emergency Operations Plan is complete. 16 17 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 18 VIRGINIA BEACH, VIRGINIA: 19 20 That the City of Virginia Beach hereby formally re -adopts the revised Virginia 21 Beach Emergency Operations Plan. 22 23 Adopted by the City Council of the City of Virginia Beach, Virginia, this 24 day of , 2012. APPROVED AS TO CONTENT: Fire lbel1hrtment CA12216 R-1 May 1, 2012 APPROVED AS TO LEGAL SUFFICIENCY: Men 2012 City of Virginia Beach Emergency Operations Plan Abstract The intent of this abstract is to provide a brief overview of the City's Basic Emergency Operations Plan (EOP) and an outline of the City's response to a major emergency. Disasters are such that a flexible organization is needed to meet the challenge of an emergency. PURPOSE The purpose of the City's Emergency Operations Plan is to meet emergency management legal mandates and provide an organizational framework for a comprehensive and integrated response to natural, technological, war -caused, or human acts of terrorism in situations where specialized response coordination and integration is desirable. SITUATIONS AND ASSUMPTIONS Situations and assumptions that affect the City's emergency planning include the following: Situations • The City is vulnerable to various natural, technological, and man-made threats. • Hurricanes represent the primary catastrophic emergency facing the City. Other major natural hazards include winter storms and nor'easters. • Virginia Beach is at risk from intentional and non- intentional hazards for which planning is desirable. • Various legal authorities provide for an emergency management organization to respond to and foster the coordination of large-scale emergencies. Assumptions • The City has significant resources and manpower to deal with most emergencies. However, these resources can be quickly overwhelmed and exhausted when faced with a disaster. • The City will strive to plan for an accepted level of risk for those emergencies it might face realizing that total preparedness is not a realistic goal. • The public and businesses should be prepared for emergencies and the consequences associated with being isolated from public services due to emergencies. • The City would depend upon outside resources and assistance during major emergencies. In such instances, outside assistance may take up to 72 hours or longer to arrive and effectively deal with the consequences of an emergency. • Resources and manpower from across the City, region, and state will be solicited to meet the challenge of an emergency. • Large-scale emergencies can best be managed from a centralized location — the Emergency Operations Center (EOC). • Based upon anticipated or actual conditions, a local State of Emergency may be declared. • State and federal assistance can be expected as outlined in the emergency plans. • The City will strive to create an emergency management system compliant with the NIMS standards for response coordination. CONCEPTS OF OPERATIONS The following are central concepts that define the City's emergency management organization. Emergency Management Emergency management, as a concept of operations, refers to the art and science of managing large-scale emergencies. This management is based upon legal authorities and focuses on consolidated, integrated, and centralized strategies utilized in a disaster situation. Comprehensive Emergency Management Program Emergency management involves four phases of activities. Each function and activity of the emergency management organization needs to address each phase to ensure a comprehensive emergency response. A comprehensive approach is critical to ensure all aspects of an emergency are managed. Mitigation — Includes those actions taken to reduce or eliminate long-term risk to people and property from natural disasters and their effects. Increased Readiness — Includes activities that are taken to systematically prepare for a developing situation including: education, training, and exercise. Response — Includes those actions that are taken in anticipation of, or in response to, an actual emergency. Recovery — Includes activities and considerations associated with the post emergency period. National Incident Management System (NIMS) The City has adopted the concept of NIMS as a basis for its emergency management organization. These concepts provide direction for the City in the areas of Incident Command, emergency planning, external affairs, communications, and resources. Emergency Operations Center (EOC) The City will use its EOC to support the virtual or physical location for emergency management integration and coordination of emergency response activities. The facility will serve as the EOC, direction and control center, or serve as a Multi -Agency Coordination Center (MACC) to support the coordination of an incident, particularly an incident where an incident command post has been established. Incident Command System (ICS) The City's emergency services utilize a strict ICS structure and response policy for all incidents. The emergency management organization subscribes to a closely aligned model of ICS compliance. This alignment places particular emphasis on key ICS concepts: Incident Command, Command Staff, Sections, Branches, Operational Periods, Incident Action Plans, and Area Commands to support the efficient management of an incident and assist in the institutionalization of emergency management procedures within the City. ORGANIZATION The emergency management organization is established to provide an organizational framework that can work efficiently during an emergency and respond to the challenge of disasters. This organization is a phantom structure that brings together multiple internal and external agencies to provide a working group that responds to the various dimensions of emergencies. The Virginia Beach Emergency Management Organization is built around the basic incident command system. Key elements of this organization include Incident Command, Command Staff, Planning, Operations, Logistics, and Finance sections. Branch level elements are defined based upon roles and scope of the incident. This structure can expand and contract based upon the time, scope, and complexity of the incident. Incident Command Structure Assignments The City utilizes the ICS organizational structure as the basic structure of the emergency management organization. General assignments for this structure include the following: Incident Commander: City Manager/Fire Command Staff: Public Information: CM/ComIT/ECCS/Fire Liaison: City Attorney Liaison: Schools Liaison: Sheriff Planning Section: Emergency Management: Fire Damage Assessment: Real Estate/Agriculture Operations Section: Fire Police EMS Public Health Human Services Public Works Parks Planning Public Utilities Housing ECCS Logistics Section ComIT Facilities Management Human Services Finance/Purchasing Finance Finance/Risk Management Other Organizational Stakeholders Other agencies interface with the emergency management organization based upon the common goal of disaster response and the relationship of these agencies is based upon the legal structure of the Commonwealth. Some of the agencies that interface with the emergency management organization include: City Council Appointments, Constitutional Officials, Local State Offices, Judicial System, Military Facilities, Volunteer Organizations, Higher Education Institutions, Critical Infrastructure, HRPDC, Virginia Department of Emergency Management, etc. 2012 RESPONSIBILITIES The EOP outlines general and specific areas of responsibilities for agencies, some key responsibilities include the following: Office of Emergency Management The Office of Emergency Management is responsible for providing staff support to the City Manager/Director of Emergency Management and Fire Chief/Coordinator of Emergency Management in instances where the functions and structure of the emergency management organization is utilized to respond to the threat of an actual emergency incident and to support the integration of the emergency management organization into City operations. Common Responsibilities — All City Departments All agencies of the City of Virginia Beach should ensure that they are prepared to support emergency management operations whether they are tasked or not tasked in the plan. • Ensure that critical agency level functions are identified and contingencies in emergency situations are identified. • Prepare the appropriate internal procedures, emergency plans, or Standard Operating Procedures (SOPs) to address emergency situations. • Establish procedures to assess and report emergency conditions, injuries, loss of life, and damage to facilities and equipment. • Communicate emergency responsibilities to employees, ensure their readiness to respond to emergency situations and develop accountability systems. • Provide support in non-traditional areas and roles beyond normal job assignments. Emergency Support Function (ESF) Responsibilities A core concept of this plan is the integration of ESFs into this plan. The federal and state ESFs provide a framework for emergency management operations and, in particular, recovery operations: ESF #01 —Transportation Primary Agencies: Public Works/Planning This area deals with the transportation infrastructure, transportation resources, and transportation systems of the community. ESF #02 — Communications Primary Agencies: ComIT/ECCS This area deals with the management of communications as it relates to emergency operations. Its scope includes all forms of data and voice communications. ESF #03 — Public Works/Public Utilities Primary Agencies: Public Works/Public Utilities/Housing/Planning/Parks This area deals with the infrastructure and operations to maintain the infrastructure and provide Public Works services. ESF #04 — Fire Fighting Primary: Fire This area deals with all Fire Department emergency services responses. ESF # 05 — Emergency Management Primary Agencies: Fire -OEM This area deals with the general area of emergency management planning and response. ESF # 06 - Mass Care, Emergency Assistance, and Housing Primary Agencies: Human Services, Housing This area deals with any services which meet individual needs, sheltering, mass care, individual assistance, and housing. ESF # 07 — Logistics and Support Services Primary Agencies: ComIT/Facilities/HR/Finance This area deals with the services, supplies, and equipment coordination needs to support emergency management operations. ESF # 08 — Health and Medical Services Primary Agencies: EMS/Public Health/Fire This area deals with all aspects of community health and emergency medical services needs and activities. ESF # 09 — Search and Rescue Primary Agencies: EMS/Fire/Police This area deals with all aspects of search and rescue operations that are shared by multiple agencies based upon specialty and mission. ESF #10 — Oil and Hazardous Materials Primary: Fire/Planning This area deals with the management and response to all hazardous materials. ESF #11 — Agriculture and Natural Resources Primary Agencies: Agriculture/Planning/Health This area deals with the management and response to incidents that affect the environment. ESF #12 — Energy Primary: Public Works This area deals with energy assurance, reliance, and restoration in the community. ESF #13 — Public Safety and Security Primary: Police/Sheriff This area deals with safety and security activities within the community. ESF #14 — Long -Term Recovery Primary: Economic Development/Human Services/Housing/Executive This area focuses on the coordination of resources to support the recovery of the community beyond the initial and intermediate recovery activities. ESF #15 — External Affairs Primary: Executive/ComIT/ECCS/MCG This area focuses on the dissemination of public information, emergency public information, and warnings. 2012 ESF # 16 — Military Affairs Primary: Executive/Fire This area focuses on the interrelationship with the community's military facilities and agencies in emergency management situations. ESF # 17 - Volunteers and Donations Management Primary: Fire/Volunteer Office/Human Resources This area focuses on the integration of volunteer resources and activities in emergency management situations. Donations management activities are also located under this function. ADMINISTRATION AND LOGISTICS The following are administrative and logistical considerations in the event of an emergency: • Normal practices and procedures will be maintained under emergency conditions to the extent possible. • Various predetermined activities may be required to prepare facilities for the effects of an emergency. These include the acquisition of supplies and materials and the relocation of equipment. • The City will utilize WebEOC as its crisis management system for coordination purposes. • The City will periodically establish goals for its emergency management organization. • The City will ensure that NIMS training standards are obtained by City staff. • The City will develop an exercise plan to ensure both hazard specific and functional response issues are regularly exercised. • The City may employ mutual aid and assistance to meet certain critical needs based upon state rules. PLAN DEVELOPMENT AND MAINTENANCE The Fire Department/Office of Emergency Management maintains the City's Emergency Operations Plan. Departments with responsibilities in functional areas are responsible for assisting and developing plans in their area of operations. Plans should be regularly updated and periodically tested to ensure practicality and utility. The plan is to be exercised annually as part of an exercise or in an actual emergency. AUTHORITIES AND REFERENCES • Code of Virginia • Code of the City of Virginia Beach • City of Virginia Beach Emergency Operations Plan • Commonwealth of Virginia Emergency Operations Plan • National Preparedness Framework • National Incident Management System Legal Authority Section 2-411,412, and 413 of the Code of the City of Virginia Beach and Commonwealth of Virginia Emergency Services and Disaster Laws, Title 44, Chapter 3.2 through 3.4, Code of Virginia, as amended. 2012 City of Virginia Beach Emergency Management Organization _ Deputy Director Emergency Management Coordinator Public Information: Incident PIO, City PIO Joint Information Center, ECCS/311 Intelligence Safety Officer Liaisons: City Attorney, Public Schools, Sheriff, Military, ARC, Judicial Emergency Management Branch Emergency Planning EOC Operations Damage Assessment Public Safety Branch Fire EMS` Police Sheriff Public Health ECCS i i Public Works Branch Public Works Public Utilities Planning - Permitting Housing and Neighborhood Preservation - Codes Parks and Recreation - Landscape Technology Branch Public Assistance ComIT Branch Finance Resource Support Branch Public Works Facilities Human Resources Finance - Purchasing Volunteers The City's emergency management organization is based upon the existing structure of government with the City Manager as Director of Emergency Services. The Emergency Services Coordinator and the Office of Emergency Management provide staff support to this organization. Various departments are organized under an Incident Command System (ICS). When activated, the emergency management organization is prepared to manage large-scale emergencies or threats of emergencies from the Emergency Operations Center (EOC). This organization expands and contracts based upon scope, size, complexity, and nature of the threat. t4` CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Resolution Approving a Plan of Financing with the City of Virginia Beach Development Authority, Approving Certain Documents Prepared in Connection with Such Financing and Authorizing the Execution and Delivery of the Same MEETING DATE: Mav 22, 2012 ■ Background: City Council through the Capital Improvement Program and Tax Increment Financing Program has previously authorized the financing of various public facilities with the utilization of Public Facility Revenue Bonds (PFRB) through the Virginia Beach Development Authority (VBDA). On five occasions — 2002, 2003, 2005, 2007 and 2010 — the VBDA has issued bonds for such projects as the Convention Center, Town Center Garages, Museum Parking, and equipment leases. Due to the current low interest rate environment, it is now possible to refund all or portions of the 1998 Lease Revenue Bonds (Social Services Facility) and 2003A Public Facility bonds in an amount of up to $35 million. Provided the current municipal bond market conditions continue, the refunding sale of the 1998 and 2003A bonds is estimated to provide significant debt service savings. The exact amount and coupons of these issues to be refunded will be determined at a time closer to the sale date. In addition to the refunding, the resolution requests that the VBDA issue "new -money" PFRBs to fund certain City economic development projects, equipment leases, City and Schools energy management projects in an amount not to exceed $30 million. The exact amount of the new money portion to be reimbursed is $25,000,000. The flexibility of "up to" $30 million provides for the ability to resize the issue based on the size of the premium. ■ Considerations: At its meeting on May 15, 2012, the VBDA approved a resolution for the issuance and sale of this debt conditioned upon Council's approval of the attached resolution. As with the previous series, the 2012 series will be issued under the Master Agreement of Trust with a Fifth Supplemental Agreement. Under the plan of financing, a Fourth Supplemental Support Agreement between VBDA and the City will outline the City's annual payments to VBDA in amounts sufficient to pay the debt service on the bonds. The "new -money" PFRB bonds and refunding bonds will be sold, electronically, by competitive bid on June 5, 2012, on such terms as are satisfactory to the City Manager, provided that the bonds shall have a true interest cost not to exceed 4.0%. The final terms of the bond sale will be reported to City Council shortly after pricing. ■ Public Information: Public information will be handled through the normal Council agenda process. Additionally, the Resolution authorizes a distribution of the Preliminary Official Statement for marketing purposes, and a Notice of Sale will be placed in The Bond Buyer. ■ Alternatives: This request follows previously approved funding sources in previous Capital Budgets. Because the City will issue most of this debt on a reimbursement basis, an alternative funding source would be required if the use of PFRB financing is not approved, and there are no alternative funding sources at this time. ■ Attachments: Resolution; Project List; Draft of Fifth Supplemental Trust Agreement; and Draft of Fourth Supplemental Support Agreement Recommended Action: Approval Submitting Department/Agency: Finance City Manager<zt: S RESOLUTION APPROVING A PLAN OF FINANCING WITH THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY, APPROVING CERTAIN DOCUMENTS PREPARED IN CONNECTION WITH SUCH FINANCING AND AUTHORIZING THE EXECUTION AND DELIVERY OF THE SAME WHEREAS, the City of Virginia Beach, Virginia (the "City") desires to undertake, in connection with the City of Virginia Beach Development Authority (the "Authority"), the financing of various public facilities from time to time, including, the acquisition, replacement and/or upgrades of alarm system monitoring equipment, Bow Creek Recreation Center improvements, Burton Station Road Phase Il improvements, Centerville Turnpike interim improvements, communications infrastructure and equipment, Fire and Rescue Station improvements at Town Center, energy management renovations and replacements, Strategic Growth Area Program improvements, Virginia Aquarium renewals and replacements, and Williams Farm Community Recreation Center development and construction (collectively, the "2012 Projects"); and WHEREAS, the City further desires to achieve debt service savings by refinancing all or portions of certain Public Facility Revenue Bonds, Series 2003A and Lease Revenue Bonds (Social Services Facility), Series 1998 (collectively, the "Prior Bonds") previously issued by the Authority on behalf of the City to finance various public facilities, including the City's Social Services building; and WHEREAS, the Authority, pursuant to Chapter 643 of the Virginia Acts of Assembly of 1964, as amended (the "Act"), under which it is created, is authorized to acquire, improve, maintain, equip, own, lease and dispose of "Authority facilities," as defined in the act, to finance or refinance such facilities, to issue its revenue bonds, notes and other obligations from time to time for such purposes and to pledge all or any part of its assets, whether then owned or thereafter acquired, as security for the payment of the principal of and interest on any such obligations; and WHEREAS, in furtherance of the purposes of the Act, the City requests the Authority's assistance through the issuance of its public facility revenue bonds in the maximum principal amount of $30,000,000 and its public facility refunding revenue bonds in the maximum principal amount of $35,000,000 (collectively, the "Series 2012 Bonds") in financing the 2012 Projects, refinancing all or a portion of the Prior Bonds and paying costs of issuing the Series 2012 Bonds; and WHEREAS, the City desires to complete the financing of the 2012 Projects and refunding of the Prior Bonds within the current fiscal year ending June 30, and in furtherance of such objective, the Authority at its May 15, 2012 meeting, upon presentation of the City's proposed financing plan by representatives of the City, approved the issuance of the Series 2012 Bonds for such purposes, subject to approval of the financing plan by the City Council of the City; and WHEREAS, there have been provided or made available to City Council of the City drafts of the following documents (the "Documents"), proposed in connection with the undertaking of the 2012 Projects and the issuance and sale of the Series 2012 Bonds, which 4841-7455-3359.2 Documents were provided to the Authority in connection with the Authority's approval: (a) Fifth Supplemental Agreement of Trust draft dated June 1, 2012 (the "Fifth Supplemental Agreement"), supplementing the Agreement of Trust dated as of September 1, 2003, as previously supplemented, including the form of the Series 2012 Bonds (collectively, the "Trust Agreement"), all between the Authority and U.S. Bank National Association (successor to Wachovia Bank, National Association), as successor trustee (the "Trustee"), pursuant to which the Series 2012 Bonds are to be issued and which is to be acknowledged and consented to by the City; (b) Fourth Supplemental Support Agreement draft dated June 1, 2012, supplementing and amending the Support Agreement dated as of September 1, 2003, as previously supplemented and amended (the "Support Agreement"), all between the Authority and the City pursuant to which the City will make annual payments to the Authority in amounts sufficient to pay the principal of and interest on the Series 2012 Bonds; (c) Preliminary Official Statement draft dated May 25 2012, of the Authority relating to the public offering of the Series 2012 Bonds (the Preliminary Official Statement"); and (d) Continuing Disclosure Agreement draft June 1, 2012, the form of which is appended to the Preliminary Official Statement, pursuant to which the City agrees to undertake certain continuing disclosure obligations with respect to the Series 2012 Bonds; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The following plan for financing the 2012 Projects and refunding the Prior Bonds is hereby approved. (a) The Authority will issue the Series 2012 Bonds in a maximum aggregate principal amount not to exceed $65,000,000, of which not more than $30,000,000 will be for the 2012 Projects and not more than $35,000,000 will be for refunding the Prior Bonds. The Authority will use the proceeds of the Series 2012 Bonds to finance the costs of the 2012 Projects, to refund all or a portion of the Prior Bonds within the limitations set forth in paragraph (b) below and to pay the costs of issuing the Series 2012 Bonds. Pursuant to the Support Agreement, the City will make Annual Payments and Additional Payments (as each is defined in the Support Agreement) to the Authority in amounts sufficient to amortize the Series 2012 Bonds and to pay the fees or expenses of the Authority and the Trustee. The obligation of the Authority to pay principal of and premium, if any, and interest on the Series 2012 Bonds will be limited to annual payments and additional payments received from the City. The Series 2012 Bonds will be secured by an assignment of the Annual Payments and certain Additional Payments due under the Support Agreement, all for the benefit of the holders of the Series 2012 Bonds. The 2 4841-7455-3359.2 undertaking by the City to make Annual Payments and Additional Payments will be subject to the City Council making annual appropriations in amount sufficient for such purposes. The plan of financing for the 2012 Projects and refunding of the Prior Bonds shall contain such additional requirements and provisions as may be approved by the City. (b) In connection with the refunding of the Prior Bonds, the City Manager is authorized and directed to select the principal maturities of the Prior Bonds or portions of such maturities to be refunded and, working with the Authority, to cause to be called for optional redemption any such maturity or portion thereof to be redeemed prior to its stated maturity in accordance with the provisions of such bonds; provided such maturities or portions thereof selected are expected in the aggregate to provide a minimum savings of 3.0% on a net present value basis as determined by the City's financial advisor, Public Resources Advisory Group (the "Financial Advisor"). In connection with the refunding herein authorized, the City Manager, if determined necessary or appropriate in consultation with the Financial Advisor, is authorized to retain the services of independent consultants to provide verification reports (the "Verification Agent") on aspects of the refunding and is further authorized to retain the services of one or more escrow agents (the "Escrow Agent") and to enter into escrow agreements with them to the extent needed to hold portions of the proceeds of the Series 2012 Bonds, defeasance securities purchased with such proceeds and other funds as needed pending their application to refund the Prior Bonds or portions thereof selected to be refunded. 2. The City Council, while recognizing that it is not empowered to make any binding commitment to make appropriations beyond the current fiscal year, hereby states its intent to make annual appropriations in future fiscal years in amounts sufficient to make all payments due under the Support Agreement and hereby recommends that future City Councils do likewise during the term of the Support Agreement. 3. The City Manager is hereby authorized to execute the Documents, which shall be in substantially the forms provided or made available to City Council, which are hereby approved, with such completions, omissions, insertions and changes, including changes to the dates thereof, not inconsistent with this Resolution as may be approved by the City Manager, his execution to constitute conclusive evidence of his approval of any such completions, omissions, insertions and changes. 4. (a) In making completions to the Support Agreement, the City Manager, in collaboration with the Financial Advisor, shall provide for Annual Payments in amounts equivalent to, and at all times sufficient to make, the payments on the Series 2012 Bonds, which shall be sold to the purchaser or purchasers thereof on terms as shall be satisfactory to the City Manager; provided the Series 2012 Bonds (i) shall mature not later than December 1, 2032, (ii) have a true or "Canadian" interest cost not exceeding 4.0% (taking into account any original issue discount and premium), (iii) be sold to the purchaser or purchasers thereof at a price not less than par or 100% of the aggregate principal amount thereof and (iv) shall be subject to optional redemption beginning no later than and continuing after December 1, 2022, at an optional redemption price of no more than 102% of the principal amount to be redeemed plus accrued interest to the optional redemption date. The City Manager is further authorized to approve the principal amounts, maturity schedules and interest payment dates, including 3 4841-7455-3359.2 determination of any serial maturities and any term maturities, for the Series 2012 Bonds and, in consultation with the Financial Advisor, to provide for the issuance of the Series 2012 Bonds in one or more series at the same time or at different times, with appropriate series designations, as the City Manager determines to be necessary or appropriate and in the best interest of the City. (b) The Series 2012 Bonds shall be sold by competitive bid in the principal amount determined by the City Manager, in collaboration with the Financial Advisor, and the City Manager shall receive bids and award the Series 2012 Bonds to the bidder providing the lowest "true" or "Canadian" interest cost, subject to the limitations set forth in the paragraph above. Following the sale of the Series 2012 Bonds, the City Manager shall file a certificate with the City Clerk setting forth the final terms of the Series 2012 Bonds. The actions of the City Manager in approving the terms of the Series 2012 Bonds shall be conclusive, and no further action shall be necessary on the part of the City Council. 5. The Preliminary Official Statement in the form provided or made available to City Council is approved with respect to the information contained therein pertaining to the City. The Preliminary Official Statement in form deemed to be "near final," within the meaning of Rule 15c2-12 of the Securities and Exchange Commission (the "Rule"), with such completions, omissions, insertions and changes not inconsistent with this Resolution as may be approved by the City Manager is authorized to be distributed in connection with the marketing and sale of the Series 2012 Bonds. Such distribution shall constitute conclusive evidence that the City has deemed the Preliminary Official Statement to be final as of its date within the meaning of the Rule, with respect to the information therein pertaining to the City. The City Manager is authorized and directed to approve such completions, omissions, insertions and other changes to the Preliminary Official Statement that are necessary to reflect the terms of the sale of the Series 2012 Bonds, determined as set forth in paragraph 4, and the details thereof and that are appropriate to complete it as an official statement in final form (the "Official Statement") and distribution thereof to the purchaser or purchasers of the Series 2012 Bonds shall constitute conclusive evidence that the City has deemed the Official Statement final as of its date within the meaning of the Rule. 6. The City covenants that it shall not take or omit to take any action the taking or omission of which shall cause the Series 2012 Bonds to be "arbitrage bonds" within the meaning of Section 148 of the Internal Revenue Code of 1986, as amended (the "Code), and regulations thereunder, or otherwise cause interest on the Series 2012 Bonds to be includable in the gross income for Federal income tax purposes of the registered owners thereof under existing law. Without limiting the generality of the foregoing, the City shall comply with any provision of law that may require the City at any time to rebate to the Unites States of America any part of the earnings derived from the investment of the gross proceeds of the Series 2012 Bonds. The City shall pay from its legally available general funds any amount required to be rebated to the United States of America pursuant to the Code. 7. To ensure compliance with federal tax law after the Series 2012 Bonds are issued, the City Manager, Director of Finance and other officers of the City are authorized and directed to apply the Post -Issuance Compliance Policies and Procedures adopted by Council on March 13, 2012 to monitor the use of the proceeds of the Series 2012 Bonds, including the use of the El 4841-7455-3359.2 projects financed or refinanced with such proceeds, and to monitor compliance with arbitrage yield restriction and rebate requirements. 8. The Director of Finance is authorized to direct the City Treasurer to utilize the State Non -Arbitrage Program of the Commonwealth of Virginia ("SNAP") in connection with the investment of the proceeds of the Series 2012 Bonds, if the City Manager and the Director of Finance determine that the utilization of SNAP is in the best interest of the City. The City Council acknowledges that the Treasury Board of the Commonwealth of Virginia is not, and shall not be, in any way liable to the City in connection with SNAP, except as otherwise provided in the SNAP Contract. 9. Any authorization herein to execute a document shall include authorization to deliver it to the other parties thereto and to record such document where appropriate. 10. All other acts of the City Manager, the Director of Finance and other officers of the City that are in conformity with the purposes and intent of this Resolution and in furtherance of the issuance and sale of the Series 2012 Bonds, the undertaking of the 2012 Projects and the refunding of the Prior Bonds are hereby approved and ratified. 11. The City Manager is authorized and directed to cause a certified copy of this Resolution to be filed with the Authority to evidence the City Council's request for assistance and approval of the plan of financing for the 2012 Projects and refunding of the Prior Bonds through the issuance by the Authority of the Series 2012 Bonds. 12. This Resolution shall take effect immediately. E 4841-7455-3359.2 CERTIFIED TO BE A TRUE COPY OF A RESOLUTION ADOPTED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA ON MAY , 2012. Clerk, City Council of the City of Virginia Beach, Virginia Adopted by the City Council of the City of Virginia Beach, Virginia, this day of May, 2012. APPROVED AS TO CONTENT: Finance Department 4841-7455-3359.2 APPROVED AS TO LEGAL SUFFICIENCY: Ci ey's Office CERTIFICATE The undersigned Clerk of the City Council of the City of Virginia Beach, Virginia (the "City Council"), certifies that: 1. A meeting of the City Council was held on May —, 2012, at the time and place established and noticed by the City Council, at which the members of the City Council were present or absent as noted below. The foregoing Resolution was adopted by a majority of the members of the City Council, by a roll call vote, the ayes and nays being recorded in the minutes of the meeting as shown below: William D. Sessoms, Jr., Mayor Louis R. Jones, Vice Mayor Glenn R. Davis Bill R. DeSteph Harry E. Diezel Robert M. Dyer Barbara M. Henley John D. Moss John E. Uhrin Rosemary Wilson James L. Wood PRESENT/ABSENT: VOTE: 2. The foregoing Resolution is a true and correct copy of such Resolution as adopted on May —, 2012. The foregoing Resolution has not been repealed, revoked, rescinded or amended and is in full force and effect on the date hereof. WITNESS my signature and the seal of the City of Virginia Beach, Virginia, this day of May, 2012. (SEAL) 7 4841-7455-3359.2 Clerk, City Council of the City of Virginia Beach, Virginia Public Facility Revenue Bonds, 2012 New Money, Project List Project Project Name Description Total PFRB FY -12 PFRB Number Planned Financing Financing 3-140 Energy This project accounts for energy performance $5,000,000 $612,682 Performance contract in City facilities and Pendleton. The project Contracts includes upgrades and improvements which provide energy consumption savings. Appropriate debt will be issued with the source of repayment for the energy savings. The contract will be evaluated at the end of 2 years. 3-281 Communication This is an on-going project systematically replacing $6,045,699 $1,045,699 Infrastructure various public safety communication infrastructure components. It concerns all equipment associated with receiving, dispatching, transponding, and answering public safety calls. 2-409 Centerville This project will provide two southbound lanes on $10,869,000 $462,650 Turnpike Centerville Turnpike from Jake Sears Road to Interim Broadwindsor Lane as well as a triple left turn lane Improvement at the intersection of Indian River Road and Centerville Turnpike. This roadway improvement will be part of a future six -lane section of the roadway. 3-021 Fire and Rescue This project will construct a 24,500 square foot (sf) $2,253,065 $300,401 Station - Town fire & rescue station (17,000 sf) including space for Center the Fire Marshal & District Chiefs (7,500 sf), to replace the existing 5,027 sf 4 -bay station built in 1952. The existing station supports 5 fire staff, 2 fire engines (1 is a spare) & 1 battalion vehicle & officer. In addition to this staffing, the replacement station will house 4 firefighters with a new ladder truck, 2 -to -5 EMS personnel, & 1 ambulance. The facility will include 4 apparatus bays, kitchen, bunkrooms, offices, decontamination area, emergency generator, sprinkler/alarm system, & a vehicle exhaust removal system. 3-102 Alarm System This project will replace the existing building alarm $461,584 $461,584 Monitoring monitoring system, "MOSCAD/Intrac", which is used by the City to provide alarm monitoring for 60 City facilities. This system is a legacy system that is at the end of its life, is maintained by the City's Radio Team, and monitored by the City's E-911 Center. J 3-146 VA Aquarium This project provides for the replacement of $5,744,961 $94,985 Building building systems at the Virginia Aquarium to ensure Systems & they meet the American Museum Standards. Facility Infra This will involve all building systems, such as: heating, ventilation and air conditioning, electrical, plumbing, roof, carpet/flooring, carpentry, parking lots, and interior and exterior painting. Most of the building system items in this project are on a projected life -cycle (e.g. emergency generators, chillers and air handlers, fire alarm systems, water heaters, roofs, carpets, and parking lot resurfacing); therefore the programmed replacement provides for the replacement of all of the operating systems at the Aquarium based on a recommended schedule. 3-278 VA Aquarium This project is for refurbishment and/or $600,000 $122,408 Renewal & replacement of "behind the glass" Aquarium - Replacement— specific equipment and systems for the operation Phase ll of the Virginia Aquarium. Examples of equipment include animal life support pumps, filters, ozone systems, radios, ticketing, point-of-sale system components, exhibit lighting, and computer and electronic items. Some renewals and replacements are needed to maintain compliance with government (e.g. US Department of Agriculture) and accreditation agency (e.g. American Zoo and Aquarium Association) requirements. 4-071 Williams Farm This project will fund the construction of the new $19,486,000 $19,486,000 Community Rec Williams Farm Community Recreation Center Ctr facility in the western Bayside area. The facility will be located in a dynamic location that will complement Diamond Springs Elementary School, Newtown Elementary School, Williams Elementary School, Bayside Middle School and Bayside High School. The entire site has been master planned to provide pedestrian linkages to adjacent neighborhoods as well as coordinated infrastructure improvements such a roadways, landscaping, parking, and storm water management facilities that serve the park, schools, and the new community recreation center. 4-505 Modernization This project will fund the design and construction $24,193,061 $794,206 of Bow Creek costs required to modernize the Bow Creek Community Rec Community Recreation Center and relocate the Ctr golf course pro shop and motorized golf cart storage facilities on the current site. The goal of this initiative is to extend the useful life of the community recreation center building and to maximize the recreational programming and related leisure opportunities that can be provided to the Bow Creek area community. 9-081 Strategic This project will provide planning and design $5,814,244 $1,296,139 Growth Area services, build or replace public infrastructure Program improvements, and acquire property as needed in order to support implementation of the Strategic Growth Area plans. In addition, the project will provide for consulting and SGA related initiatives. Priorities for the SGA implementation plan include Burton Station Village design and construction, Form Based Zoning, Newtown SGA Plan, and Wesleyan Drive Improvements. 9-085 Burton Station This project provides funding for design and $3,250,000 $58,324 Road construction of new streets with utilities and Improvements - drainage within an existing neighborhood where Ph II public sanitary sewer service, public water service and storm drainage are currently not available except in limited areas. The alignment of Burton Station Road will remain as currently exists, while all other roads will be new alignments to provide a residential area of redevelopment, and provide separate commercial development that transitions into the adjacent Northampton Boulevard corridor, Airport Industrial Park, and a golf course office park. The project is divided into several phases. Phase II is approximately 2,350 -feet of residential loop road V shaped from Golf Road, crossing Burton Station Road, and back to Golf Road; and approximately 450 -feet of Golf Road south of Burton Station Road. 1-001 Renovations This project was created to separately identify $1,000,000 $477,463 and maintenance related projects which have the Replacements - potential to produce energy savings. This project Energy Mgmt will include ceiling/lighting improvements and window replacements. TOTAL $84,717,614 $25,212,541 City Council DRAFT FOURTH SUPPLEMENTAL SUPPORT AGREEMENT between CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY and CITY OF VIRGINIA BEACH, VIRGINIA Dated as of [June] 1, 2012 NOTE: THIS FOURTH SUPPLEMENTAL SUPPORT AGREEMENT HAS BEEN ASSIGNED TO, AND IS SUBJECT TO A SECURITY INTEREST IN FAVOR OF, U.S. BANK NATIONAL ASSOCIATION, AS SUCCESSOR TRUSTEE UNDER AN AGREEMENT OF TRUST DATED AS OF SEPTEMBER 1, 2003, AS SUPPLEMENTED BY A FIRST SUPPLEMENTAL AGREEMENT OF TRUST DATED AS OF SEPTEMBER 1, 2003, A SECOND SUPPLEMENTAL AGREEMENT OF TRUST DATED AS OF MAY 19 20059 A THIRD SUPPLEMENTAL AGREEMENT OF TRUST DATED AS OF JUNE 19 2007, A FOURTH SUPPLEMENTAL AGREEMENT OF TRUST DATED AS OF MAY 1, 2010 AND A FIFTH SUPPLEMENTAL AGREEMENT OF TRUST DATED AS OF [JUNE 11, 2012, WITH THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY, AS AMENDED OR SUPPLEMENTED FROM TIME TO TIME. INFORMATION CONCERNING SUCH SECURITY INTEREST MAY BE OBTAINED FROM THE TRUSTEE AT RICHMOND, VIRGINIA. 4817-9428-5839.2 TABLE OF CONTENTS Parties................................................................................................................................................. l Recitals...............................................................................................................................................1 GrantingClauses................................................................................................................................1 ARTICLE I DEFINITIONS AND RULES OF CONSTRUCTION Section1.1 Definitions............................................................................................................... 2 Section 1.2 Rules of Construction............................................................................................. 3 ARTICLE II REPRESENTATIONS Section 2.1 Representations by Authority................................................................................. 4 Section 2.2 Representations by City.......................................................................................... 4 ARTICLE III AGREEMENT TO ISSUE BONDS Section 3.1 Agreement to Issue Series 2012 Bonds.................................................................. 5 ARTICLE IV PAYMENT OBLIGATIONS; MASTER SUPPORT AGREEMENT AMENDMENTS Section4.1 Amounts Payable.................................................................................................... 6 ARTICLE V PREPAYMENT AND REDEMPTION Section 5.1 Prepayment and Redemption.................................................................................. 6 1 4817-9428-5839.2 ARTICLE VI SERIES 2012 ARBITRAGE REBATE FUND Section 6.1 Series 2012 Arbitrage Rebate Fund........................................................................ 6 Section 6.2 Rebate Requirements.............................................................................................. 7 Section 6.3 Calculation and Report of Rebate Amount............................................................. 7 Section 6.4 Payment of Rebate Amount.................................................................................... 7 Section6.5 Reports by Trustee.................................................................................................. 8 Section 6.6 Disposition of Balance in Series 2012 Arbitrage Rebate Fund .............................. 8 ARTICLE VII MISCELLANEOUS Section 7.1 Private Activity Covenants..................................................................................... 8 Section7.2 Severability............................................................................................................. 9 Section7.3 Severability..............................................................................................................9 Section 7.4 Successors and Assigns........................................................................................... 9 Section7.5 Counterparts............................................................................................................ 9 Section7.6 Governing Law......................................................................................................10 Signatures Receipt 11 Exhibit A — Schedule or Payments A-1 Exhibit B — Description of Series 2012 Projects B-1 ii 4817-9428-5839.2 THIS FOURTH SUPPLEMENTAL SUPPORT AGREEMENT dated as of [June] 1, 2012, by and between the CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY, a political subdivision of the Commonwealth of Virginia (the "Authority"), and the CITY OF VIRGINIA BEACH, VIRGINIA, a political subdivision of the Commonwealth of Virginia (the "City"), provides: WITNESSETH: WHEREAS, the Authority is a political subdivision of the Commonwealth of Virginia duly created by Chapter 643 of the Virginia Acts of Assembly of 1694, as amended (the "Act"); and WHEREAS, the Act authorities the Authority to acquire, improve, maintain, equip, own, lease and dispose of "Authority facilities," as defined in the Act, to finance or refinance and lease facilities for use by, among others, a city, to issue its revenue bonds, notes and other obligations from time to time for such purposes and to pledge all or any part of its assets, whether then owned or thereafter acquired, as security for the payment of the principal of and interest on any such obligations; and WHEREAS, the City desires to undertake a program of financing or refinancing the acquisition, construction and equipping of various public facilities that the City determines to undertake from time to time; and WHEREAS, in furtherance of the purposes of the Act, the City has requested the Authority to undertake one or more series of Projects (as defined in the Support Agreement, as hereinafter defined), and the Authority has determined to issue from time to time pursuant to the terms of an Agreement of Trust dated as of September 1, 2003 (the "Master Agreement of Trust"), between the Authority and U.S. Bank National Association (successor to Wachovia Bank, National Association), Richmond, Virginia, as successor trustee (the "Trustee"), as supplemented by the First Supplemental Agreement of Trust dated as of September 1, 2003, a Second Supplemental Agreement of Trust dated as of May 1, 2005, a Third Supplemental Agreement of Trust dated as of June 1, 2007, a Fourth Supplemental Agreement of Trust dated as of May 1, 2010 and a Fifth Supplemental Agreement of Trust dated as of [June 11, 2012, all between the Authority and the Trustee (collectively, the "Agreement of Trust"), its public facility revenue bonds and to loan the proceeds thereof to the City to finance or refinance costs incurred in connection with such Projects and costs of issuing such bonds; and WHEREAS, in furtherance of the purposes of the Act, the Authority and the City have entered into a support agreement dated as of September 1, 2003 (the "Master Support Agreement"), as supplemented and amended by a First Supplemental Support Agreement dated as of May 1, 2005, a Second Supplemental Support Agreement dated as of June 1, 2007 and a Third Supplemental Support Agreement dated as of May 1, 2010 pursuant to which the Authority has agreed to loan from time to time such proceeds to the City, and the City has agreed to repay such loans, subject to appropriation by the City council from time to time of sufficient moneys for such purpose; and WHEREAS, within the limitations and in compliance with the Agreement of Trust, the City has requested the Authority to issue two series of Bonds in the aggregate principal amount of $ (the "Series 2012 Bonds") and to loan such proceeds to the City to finance the cost of the Series 2012 Projects and refund the Prior Bonds (as such terms are hereinafter defined) pursuant to the terms of this Fourth Supplemental Support Agreement; and WHEREAS, all acts, conditions and things required by law to happen, exist and be performed precedent to and in connection with the execution of and entering into this Fourth Supplemental Support Agreement have happened, exist and have been performed in regular and due time and in form and manner as required by law, and the parties hereto are now duly empowered to execute and enter into this Fourth Supplemental Support Agreement; NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter contained and other valuable consideration, the parties hereto covenant and agree as follows: ARTICLE I DEFINITIONS AND RULES OF CONSTRUCTION Section 1.1 Definitions. Unless otherwise defined in this Fourth Supplemental Support Agreement, all words used herein shall have the meanings assigned to such terms in the Agreement of Trust or the Master Support Agreement. The following words as used in this Fourth Supplemental Support Agreement shall have the following meanings unless a different meaning clearly appears from the context: "Agreement of Trust" shall mean the Agreement of Trust dated as of September 1, 2003, as previously supplemented, and as further supplemented by the Fifth Supplemental Agreement of Trust. "Basic Agreements" shall mean the Agreement of Trust and the Support Agreement. "Fifth Supplemental Agreement of Trust" shall mean the Fifth Supplemental Agreement of Trust dated as of [June] 1, 2012, between the Authority and the Trustee, which supplements the Agreement of Trust. "Master Support Agreement" shall mean the Support Agreement dated as of September 1, 2003, between the Authority and the City. "Prior Bonds" shall mean the maturities of the Authority's Public Facility Revenue Bonds, Series 2003A and its Lease Revenue Bonds (Social Services Facility), Series 1998, described in the Fifth Supplemental Agreement of Trust. "Series 2012 Bonds" shall mean the Series 2012A Bonds and the Series 2012B Bonds. 2 4817-9428-5839.2 "Series 2012 Projects" shall mean the financing of the acquisition, construction and equipping of all or a portion of the projects as set forth on Exhibit B. "Series 2012 Arbitrage Rebate Fund" shall mean the fund established in section 6.1 "Series 2012A Bonds" shall mean the Authority's $ Public Facility Revenue Bonds, Series 2012A, authorized to be issued pursuant to the Fifth Supplemental Agreement of Trust. "Series 2012B Bonds" shall mean the Authority's $ Public Facility Refunding Revenue Bonds, Series 2012B, authorized to be issued pursuant to the Fifth Supplemental Agreement of Trust. "Support Agreement" shall mean the Master Support Agreement as previously supplemented and amended and as supplemented and amended by this Fourth Supplemental Support Agreement. "Fourth Supplemental Support Agreement" shall mean this Fourth Supplemental Support Agreement dated as of [June] 1, 2012, between the Authority and the City, which supplements the Master Support Agreement. Section 1.2 Rules of Construction. The following rules shall apply o the construction of this Fourth Supplemental Support Agreement unless the context otherwise requires: (a) Words importing the singular number shall include the plural number and vice versa. (b) Words importing the redemption or calling for redemption of Bonds shall not be deemed to refer to or connote the payment of Bonds at their stated maturity. (c) Unless otherwise indicated, all references herein to particular Articles or Sections are references to Articles or Sections of this Fourth Supplemental Support Agreement. (d) The headings herein and Table of Contents to this Fourth Supplemental Support Agreement herein are solely for convenience of reference and shall not constitute a part of this Fourth Supplemental Support Agreement nor shall they affect its meaning, construction or effect. (e) All references herein to payment of Bonds are references to payment of principal of and premium, if any, and interest on the Bonds. 3 4817-9428-5839.2 ARTICLE II REPRESENTATIONS Section 2.1 Representations by Authority. The Authority makes the following representations: (a) The Authority is a political subdivision of the Commonwealth of Virginia duly created under the Act; (b) Pursuant to the Act, the Authority has full power and authority to enter into the Basic Agreements and to perform the transactions contemplated thereby and to carry out its obligations thereunder and by proper action has duly authorized, executed and delivered the Basic Agreements. (c) The execution, delivery and compliance by the Authority with the terms and conditions of the Basic Agreements will not conflict with or constitute or result in a default under or violation of, (1) any existing law, rule or regulation applicable to the Authority, or (2) any trust agreement, mortgage, deed of trust, lien, lease, contract, note, order, judgment, decree or other agreement, instrument or other restriction of any kind to which the Authority or any of its assets is subject; (d) No further approval, consent or withholding of objection on the part of any regulatory body or any official, Federal state or local, is required in connection with the execution or delivery of or compliance by the Authority with the terms and conditions of the Basic Agreements, except that no representation is made as to the applicability of any Federal or state securities laws; and (e) There is no litigation at law or in equity or any proceeding before any governmental agency involving the Authority pending or, the knowledge of the Authority, threatened with respect to (1) the creation and existence of the Authority, (2) its authority to execute and deliver the Basic Agreements, (3) the validity or enforceability of the Basic Agreements, or the Authority's performance of its obligations thereunder, (4) the title of any officer of the Authority executing the Basic Agreements, or (5) the ability of the Authority to issue and sell its bonds. Section 2.2 Representations by City. The City makes the following representations: (a) The City is a political subdivision of the Commonwealth of Virginia; 4 4817-9428-5839.2 (b) The City has full power and authority to enter into the Basic Agreements to which it is a party and to perform the transactions contemplated thereby and to carry out its obligations thereunder and by proper action has duly authorized, executed and delivered the Basic Agreements; (c) The City is not in default in the payment of the principal of or interest on any of its indebtedness for borrowed money and is not in default under any instrument under or subject to which any indebtedness for borrowed money has been incurred, and no event has occurred and is continuing that with the lapse of time or the giving of notice, or both, would constitute or result in an event of default thereunder; (d) The City is not in default under or in violation of, and the execution, delivery and compliance by the City with the terms and conditions of the Basic Agreements to which it is a party will not conflict with or constitute or result in a default under or violation of, (1) any existing law, rule or regulation applicable to the City or (2) any trust agreement, mortgage, deed of trust, lien, lease, contract, note, order, judgment, decree or other agreement, instrument or restriction of any kind to which the City or any of its assets is subject, and no event has occurred and is continuing that with the lapse of time or the giving of notice, or both, would constitute or result in such a default or violation; (e) No further approval, consent or withholding of objection on the part of any regulatory body or any official, Federal, state or local, is required in connection with the execution or delivery of or compliance by the City with the terms and conditions of the Basic Agreements to which it is a party; and (f) There is no litigation at law or in equity or any proceeding before any governmental agency involving the City pending or, to the knowledge of the City, threatened with respect to (1) the authority of the City to execute and deliver the Basic Agreements to which it is a party, (2) the validity or enforceability of the Basic Agreements or the City's performance Agreements, or (3) the ability of the City to undertake the Series 2012 Projects or refunding of the Prior Bonds. ARTICLE III AGREEMENT TO ISSUE BONDS Section 3.1 Agreement to Issue Series 2012 Bonds. The Authority shall contemporaneously with the execution and delivery hereof proceed with the issuance and sale of the Series 2012 bonds bearing interest, maturing and having the other terms and provisions set forth in the Agreement of Trust. 5 4817-9428-5839.2 ARTICLE IV PAYMENT OBLIGATIONS; MASTER SUPPORT AGREEMENT AMENDMENTS Section 4.1 Amounts Payable. The Master Support Agreement is hereby amended to replace in its entirety the Exhibit A attached thereto with the new Exhibit A attached hereto. Pursuant to Article IV of the Master Support Agreement and subject specifically to the limitation of Section 4.4 thereof, the City shall pay to the Authority or its assignee the Annual Payments specified in Exhibit A attached hereto on or before the due dates set forth in such exhibit. The Annual Payments shall be payable without notice or demand at the designated corporate trust office of the Trustee. Pursuant to the First Amendment to 2002 Support Agreement dated as of May 1, 2010 between the Authority and the City, the parties agreed to fix the Authority's administrative fee for all existing public facility revenue bonds and any public facility revenue bonds to be issued in the future in accordance with the fee schedule attached to such agreement. ARTICLE V PREPAYMENT AND REDEMPTION Section 5.1 Prepayment and Redemption. The City shall have the option to prepay an Annual Payment at the times and in the amounts as necessary to exercise its option to cause the Series 2012 Bonds to be redeemed as set forth in such Series 2012 Bonds. Such prepayments of Annual Payments shall be made at the times and in the amounts as necessary to accomplish the optional redemption of the Series 2012 Bonds as set forth in the Series 2012 Bonds. The Series 2012 Bonds shall be prepaid or redeemed in the manner and at the times set forth in the Series 2012 Bonds. Upon the exercise of such option, the City shall also pay as Additional Payments, the amounts necessary to pay the premium, if any, due on such Series 2012 Bonds on the date or dates of their redemption. The City shall give the Trustee notice of any redemption of such Series 2012 Bonds at least 15 days prior to the latest date that notice of redemption may be given pursuant to Section 402 of the Master Agreement of Trust. Such notice to the Trustee shall specify the redemption date, the principal amount of Series 2012 Bonds to be redeemed, the premium, if any, and the section of the Agreement of Trust pursuant to which such redemption is to be made. ARTICLE VI SERIES 2012 ARBITRAGE REBATE FUND Section 6.1 Series 2012 Arbitrage Rebate Fund. 0 4817-9428-5839.2 There is hereby established the City of Virginia Beach, Virginia, Series 2012 Public Facility Revenue Bond Arbitrage Rebate Fund (the "Series 2012 Arbitrage Rebate Fund") to be held by or on behalf of the City. Subject to the limitation in Section 4.4 of the Master Support Agreement, the City shall deposit moneys in the Series 2012 Arbitrage Rebate Fund from time to time for payment of the rebate obligations under the Code (the "Rebate Amount"). The City may establish separate accounts in the Series 2012 Arbitrage Rebate Fund for such payments. Section 6.2 Rebate Requirements. Except with respect to earnings on funds and accounts qualifying the exceptions to the rebate requirement of Section 148 of the Code, the City shall pay, but solely from amounts in the Series 2012 Arbitrage Rebate Fund, the Rebate amount to the United States of America, as and when due, in accordance with Section 148(f) of the code, as provided in this Article, and shall retain records of all such determinations until six years after payment of the Series 2012 Bonds. Section 6.3 Calculation and Report of Rebate Amount. (a) The City selects [December I as the end of the bond year with respect to the Series 2012 Bonds pursuant to Treasury Regulation Section 1.148-1. (b) Within 30 days after the initial installment computation date which is the last day of the fifth bond year, unless such date is changed by the City prior to the date that any amount with respect to the Series 2012 Bonds is paid or required to be paid to the United States of America as required by Section 148 of the Code, and at least once every five years thereafter, the City shall cause the Rebate Amount to be computed and shall deliver a copy of such computation (the "Rebate Amount Certificate") to the Authority and the Trustee. Prior to any payment of the Rebate Amount to the United States of America as required by Section 148 of the Code, a Rebate Amount Certificate setting forth such Rebate Amount shall be prepared or approved by (1) a person with experience in matters of governmental accounting for Federal income tax purposes or (2) a bona fide arbitrage rebate calculation reporting service. Section 6.4 Payment of Rebate Amount. Not later than 60 days after the initial installment computation date, the City shall pay solely from amounts in the Series 2012 Arbitrage Rebate Fund to the United States of America at least 90% of the Rebate Amount as set forth in the Rebate Amount Certificate prepared with respect to such installment computation date. At least once on or before 60 days after the installment computation date that is the fifth anniversary of the initial installment computation date or on or before 60 days after every fifth anniversary date thereafter until final payment of the Series 2012 Bonds, the City shall pay to the United States of America not less than the amount, if any, by which 90% of the Rebate Amount set forth in the most recent Rebate Amount Certificate exceeds the aggregate of all such payments theretofore made to the United States of America pursuant to this Section. On or before 60 days after final payment of the Series 2012 Bonds, the City shall pay to the United States of America the amount, if any, by which 100% of the Rebate Amount set forth in the Rebate Amount Certificate with respect to the date of final 7 4817-9428-5839.2 payment of the Series 2012 Bonds exceeds the aggregate of all payments theretofore made pursuant to this Section. All such payments shall be made solely from amounts in the Series 2012 Arbitrage Rebate Fund. Notwithstanding any provision of the Support Agreement to the contrary, no such payment shall be made if the City receives and delivers to the Trustee and the Authority an opinion of Bond Counsel to the effect that (a) such payment is not required under the Code in order to prevent the Series 2012 Bonds from becoming "arbitrage bonds" within the meaning of Section 148 of the Code or (b) such payment should be calculated and paid on some alternative basis under the code, and the City complies with such alternative basis. The Authority covenants that, if so requested by the City, it shall execute any form required to be signed by an issuer of tax-exempt bonds in connection with the payment of any Rebate amount (including Internal Revenue Service Form 8038-T) based on information supplied to the Authority by the City. The City shall supply all information required to be stated on such form and shall prepare such form. Except for the execution and delivery of such form upon timely presentation by the City, the Authority shall have no responsibility for such form or the information stated thereon. Section 6.5 Reports by Trustee. The Trustee shall provide the City within 10 days after each July 1 and within 10 days after the final payment of the Series 2012 Bonds with such reports and information with respect to earnings of amounts held under the Agreement of Trust as may be requested by the City in order to comply with the provisions of this Article. Section 6.6 Disposition of Balance in Series 2012 Arbitrage Rebate Fund. After each payment required in Section 6.4 is made and any additional amount necessary to pay the full rebate obligation is retained, the remaining amount in the Series 2012 Arbitrage Rebate Fund shall be retained by the City and used for any lawful purpose. ARTICLE VII MISCELLANEOUS Section 7.1 Private Activity Covenants. The City covenants not to permit the proceeds of the Series 2012 Bonds to be used in any manner that would result in (a) 5% or more of such proceeds or the faculties financed with such proceeds being used in a trade or business carried on by any person other than a governmental unit, as provided in Section 141(b) of the Code, (b) 5% or more of such proceeds being used with respect to any "output facility" (other than a facility for the furnishing of water), within the meaning of Section 141(b)(4) of the Code, or (c) 5% or more of such proceeds being used directly or indirectly to make or finance loans to any persons other than a governmental unit, as provided in Section 141(c) of the Code; provided, however, that if the City receives an opinion 4817-9428-5839.2 of Bond Counsel that any such covenants need not be complied with to prevent the interest on the Series 2012 Bonds from being includable in the gross income for Federal income tax purposes under existing law, the City need not comply with such covenants. Section 7.2 Post -Issuance Compliance. After the Series 2012 Bonds are issued, the City covenants to monitor the use of the proceeds of such bonds, and the projects financed or refinanced with such bonds, and requirements related to arbitrage yield restriction and rebate with respect to such bonds under the City's Post -Issuance Compliance Policy and Procedures (the "Policy") for general obligation bonds adopted by resolution of the City Council on March 13, 2012. In any instance of noncompliance detected through application of the Policy, the City covenants to take corrective action in accordance with the Policy. Section 7.3 Severability. If any provision of this Fourth Supplemental Support Agreement shall be held invalid by any court of competent jurisdiction, such holding shall not invalidate any other provision hereof. Section 7.4 Successors and Assigns. This Fourth Supplemental Support Agreement shall be binding upon, inure to the benefit of and be enforceable by the parties and their respective successors and assigns. Section 7.5 Counterparts. This Fourth Supplemental Support Agreement may be executed in any number of counterparts, each of which shall be an original, all of which together shall constitute but one and the same instrument. Section 7.6 Governing Law. This Fourth Supplemental Support Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia. 0 4817-9428-5839.2 IN WITNESS WHEREOF, the parties have caused this Fourth Supplemental Support Agreement to be duly executed by their duly authorized representatives as of the date first above written. CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY Chairman CITY OF VIRGINIA BEACH, VIRGINIA Seen and agreed to: U.S. BANK NATIONAL ASSOCIATION, As Trustee Title: 10 4817-9428-5839.2 City Manager RECEIPT Receipt of the foregoing original counterpart of the Fourth Supplemental Support Agreement dated as of [June] 1, 2012, between the City of Virginia Beach Development Authority and the City of Virginia Beach, Virginia, is hereby acknowledged. U.S. BANK, NATIONAL ASSOCIATION, as Trustee Title: 11 4817-9428-5839.2 SCHEDULE OF PAYMENTS A-1 4817-9428-5839.2 EXHIBIT A EXHIBIT B DESCRIPTION OF SERIES 2012 PROJECTS The following sets forth brief descriptions of the Series 2012 Projects to be financed in whole or in part with the proceeds of the Series 2012A Bonds: FY -12 Public Facility Revenue Bond Financing Project List Project Project Name Description Programmed PFRB Number Cost Financing 3-140 Energy This project accounts for energy performance $5,000,000 $5,000,000 Performance contract in City facilities and Pendleton. The project Contracts includes upgrades and improvements which provide energy consumption savings. Appropriate debt will be issued with the source of repayment for the energy savings. The contract will be evaluated at the end of 2 years. 3-281 Communication This is an on-going project systematically replacing $24,125,000 $6,045,699 Infrastructure various public safety communication infrastructure components. It concerns all equipment associated with receiving, dispatching, transponding, and answering public safety calls. 2-409 Centerville This project will provide two southbound lanes on $11,369,000 $10,869,000 Turnpike Centerville Turnpike from Jake Sears Road to Interim Broadwindsor Lane as well as a triple left turn lane Improvement at the intersection of Indian River Road and Centerville Turnpike. This roadway improvement will be part of a future six -lane section of the roadway. 3-021 Fire and Rescue This project will construct a 24,500 square foot (sf) $9,435,000 $2,253,065 Station - Town fire & rescue station (17,000 sf) including space for Center the Fire Marshal & District Chiefs (7,500 sf), to replace the existing 5,027 sf 4 -bay station built in 1952. The existing station supports 5 fire staff, 2 fire engines (1 is a spare) & 1 battalion vehicle & officer. In addition to this staffing, the replacement- station will house 4 firefighters with a new ladder truck, 2 -to -5 EMS personnel, & 1 ambulance. The facility will include 4 apparatus bays, kitchen, bunkrooms, offices, decontamination area, emergency generator, sprinkler/alarm system, & a vehicle exhaust removal system. M. 4817-9428-5839.2 3-102 Alarm System This project will replace the existing building alarm $1,723,000 $461,584 Monitoring monitoring system, "MOSCAD/Intrac", which is used by the City to provide alarm monitoring for 60 City facilities. This system is a legacy system that is at the end of its life, is maintained by the City's Radio Team, and monitored by the City's E-911 Center. 3-146 VA Aquarium This project provides for the replacement of building $9,273,016 $5,744,961 Building systems at the Virginia Aquarium to ensure they Systems & meet the American Museum Standards. This will Facility Infra involve all building systems, such as: heating, ventilation and air conditioning, electrical, plumbing, roof, carpet/flooring, carpentry, parking lots, and interior and exterior painting. Most of the building system items in this project are on a projected life- cycle (e.g. emergency generators, chillers and air handlers, fire alarm systems, water heaters, roofs, carpets, and parking lot resurfacing); therefore the programmed replacement provides for the replacement of all of the operating systems at the Aquarium based on a recommended schedule. 3-278 VA Aquarium This project is for refurbishment and/or replacement $1,425,000 $600,000 Renewal & of "behind the glass" Aquarium -specific equipment Replacement — and systems for the operation of the Virginia Phase II Aquarium. Examples of equipment include animal life support pumps, filters, ozone systems, radios, ticketing, point-of-sale system components, exhibit lighting, and computer and electronic items. Some renewals and replacements are needed to maintain compliance with government (e.g. US Department of Agriculture) and accreditation agency (e.g. American Zoo and Aquarium Association) requirements. 4-071 Williams Farm This project will fund the construction of the new $24,650,058 $19;486,000 Community Rec Williams Farm Community Recreation Center facility Ctr in the western Bayside area. The facility will be located in a dynamic location that will complement Diamond Springs Elementary School, Newtown Elementary School, Williams Elementary School, Bayside Middle School and Bayside High School. The entire site has been master planned to provide pedestrian linkages to adjacent neighborhoods as well as coordinated infrastructure improvements such a roadways, landscaping, parking, and storm water management facilities that serve the park, schools, and the new community recreation center. 4817-9428-5839.2 4-505 Modernization This project will fund the design and construction $24,193,061 $24,193,061 of Bow Creek costs required to modernize the Bow Creek Community Rec Community Recreation Center and relocate the golf Ctr course pro shop and motorized golf cart storage facilities on the current site. The goal of this initiative is to extend the useful life of the community recreation center building and to maximize the recreational programming and related leisure opportunities that can be provided to the Bow Creek area community. 9-081 Strategic This project will provide planning and design $29,500,000 $5,814,244 Growth Area services, build or replace public infrastructure Program improvements, and acquire property as needed in order to support implementation of the Strategic Growth Area plans. In addition, the project will provide for consulting and SGA related initiatives. Priorities for the SGA implementation plan include Burton Station Village design and construction, Form Based Zoning, Newtown SGA Plan, and Wesleyan Drive Improvements. 9-085 Burton Station This project provides funding for design and $3,250,000 $3,250,000 Road construction of new streets with utilities and Improvements - drainage within an existing neighborhood where Ph II public sanitary sewer service, public water service and storm drainage are currently not available except in limited areas. The alignment of Burton Station Road will remain as currently exists, while all other roads will be new alignments to provide a residential area of redevelopment, and provide separate commercial development that transitions into the adjacent Northampton Boulevard corridor, Airport Industrial Park, and a golf course office park. The project is divided into several phases. Phase II is approximately 2,350 -feet of residential loop road 'U' shaped from Golf Road, crossing Burton Station Road, and back to Golf Road; and approximately 450 -feet of Golf Road south of Burton Station Road. 1-001 Renovations This project was created to separately identify $14,426,286 $1,000,000 and maintenance related projects which have the Replacements - potential to produce energy savings. This project Energy Mgmt will include ceiling/lighting improvements and window replacements. TOTAL $158,369,421 $84,717,614 Series 2012A Public Facility Revenue Bonds Amount $25,000,000 NIN 4817-9428-5839.2 City Council DRAFT FIFTH SUPPLEMENTAL AGREEMENT OF TRUST Between CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY And U.S. BANK NATIONAL ASSOCIATION, as successor Trustee Dated as of [June 1], 2012 4820-6324-5583.3 Parties Recitals Granting Clause TABLE OF CONTENTS ARTICLE I FIFTH SUPPLEMENTAL AGREEMENT 1 1 1 Section 1-101. Authorization of Fifth Supplemental Agreement..............................................2 Section1-102. Definitions..........................................................................................................2 Section 1-103. Rules of Construction........................................................................................3 ARTICLE II AUTHORIZATION, DETAILS AND FORM OF SERIES 2012 BONDS Section 2-201. Authorization of Series 2012 Bonds and Series 2012 Projects ..........................4 Section 2-202. Details of Series 2012 Bonds.............................................................................4 Section 2-203. Form of Series 2012 Bonds................................................................................5 Section 2-204. Securities Depository Provisions.......................................................................5 Section 2-205. Delivery of Series 2012 Bonds..........................................................................6 ARTICLE III REDEMPTION OF SERIES 2012 BONDS Section 3-301. Redemption Date and Price...............................................................................6 Section 3-302. Selection of Series 2012 Bonds for Redemption...............................................7 Section 3-303. Notice of Redemption........................................................................................7 ARTICLE IV APPLICATION OF PROCEEDS OF SERIES 2012 BONDS Section 4-401. Application of Proceeds of Series 2012 Bonds...................................................8 ARTICLE V ESTABLISHMENT OF ACCOUNT Section 5-501. Series 2012A Project Account...........................................................................9 Section 5-502. Series 2012B Project/Refunding Account.........................................................9 i 4820-6324-5583.3 i ARTICLE VI SECURITY FOR SERIES 2012 BONDS Section 6-601. Security for Series 2012 Bonds..........................................................................9 ARTICLE VII MISCELLANEOUS Section 7-701. Limited on Use of Proceeds...............................................................................9 Section 7-702. Limitation of Right..........................................................................................10 Section7-703. Severability......................................................................................................10 Section 7-704. Successors and Assigns....................................................................................10 Section7-705. Applicable Law................................................................................................10 Section7-706. Counterparts.....................................................................................................10 Exhibit A — Form of Series 2012A Bond Exhibit B — Form of Series 2012B Bond Exhibit B — Refunded Prior Bonds ii 4820-6324-5583.3 A-1 B-1 C-1 This FIFTH SUPPLEMENTAL AGREEMENT OF TRUST dated as of [June] 1, 2012, by and between the CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY, a political subdivision of the Commonwealth of Virginia (the "Authority"), and U.S. BANK NATIONAL ASSOCIATION (as successor to Wachovia Bank, National Association), a national banking association, having a corporate trust office in Richmond, Virginia, as trustee in such capacity, together with any successor in such capacity, herein called the "Trustee"), provides: WHEREAS, the Authority is a political subdivision of the Commonwealth of Virginia duly created by Chapter 643 of the Virginia Acts of Assembly of 1964, as amended (the "Act"); and WHEREAS, the Authority and the Trustee have entered into an Agreement of Trust dated as of September 1, 2003 (the "Master Agreement of Trust"), as supplemented by the First Supplemental Agreement of Trust dated as of September 1, 2003, the Second Supplemental Agreement of Trust dated as of May 1, 2005, the Third Supplemental Agreement of Trust dated as of June 1, 2007 and the Fourth Supplemental Agreement of Trust dated as of May 1, 2010 pursuant to which the Authority has agreed to issue from time to time public facility revenue bonds or notes and use the proceeds thereof to finance costs incurred in connection with certain Projects (as hereinafter defined) for the benefit of the City of Virginia Beach, Virginia (the "City); and WHEREAS, within the limitations of and in compliance with the Master Agreement of Trust, the City has requested the Authority to issue public facility revenue bonds to finance the costs of the Series 2012 Projects (as hereinafter defined) and public facility refunding revenue bonds to refund all or portions of the Authority's Public Facility Revenue Bonds Series 2003A and its Lease Revenue Bonds (Social Services Facility), Series 1998 to provide debt service savings; and WHEREAS, the Authority has agreed to issue the Series 2012 Bonds (as hereinafter defined) in the aggregate principal amount of $ , secured by a pledge of the revenues and receipts derived from a Support Agreement dated as of September 1, 2003, as supplemented and amended by a First Supplemental Support Agreement dated as of May 1, 2005, a Second Supplemental Support Agreement dated as of June 1, 2007, a Third Supplemental Support Agreement dated as of May 1, 2010 and a Fourth Supplemental Support Agreement dated as of [June 11, 2012 (the "Support Agreement"), between the Authority and the City, and the City has agreed, subject to the annual appropriation by the Council of the City, to make annual payments that will be sufficient to pay the principal of and premium, if any, and interest on such public facility revenue bonds as the same shall become due; and WHEREAS, the Authority has taken all necessary action to make the Series 2012 Bonds, when authenticated by the Trustee and issued by the Authority, valid and binding limited obligations of the Authority and to constitute this Fifth Supplemental Agreement of Trust (the "Fifth Supplemental Agreement") a valid and binding agreement authorizing and providing for the details of the Series 2012 Bonds; NOW THEREFORE, in consideration of the premises and the mutual covenants and agreements hereinafter contained, the parties hereto agree as follows: ARTICLE I FIFTH SUPPLEMENTAL AGREEMENT Section 1-101. Authorization of Fifth Supplemental Agreement. This Fifth Supplemental Agreement is authorized and executed by the Authority and delivered to the Trustee pursuant to and in accordance with Articles III and X of the Master Agreement of Trust. All terms, covenants, conditions and agreements of the Master Agreement of Trust shall apply with full force and effect to the Series 2012 Bonds and to the holder thereof, except as otherwise provided in this Fifth Supplemental Agreement. Section 1-102. Definitions. Except as otherwise defined in this Fifth Supplemental Agreement, words defined in the Master Agreement of Trust are used in this Fifth Supplemental agreement with the meanings assigned to them in the Master Agreement of Trust. In addition, the following words shall have the following meanings unless a different meaning clearly appears from the context: "Escrow Deposit Agreement" shall mean the Escrow Deposit Agreement dated as of 2012 between the Authority and the Trustee in its capacity as escrow agent. "Letter of Representations" shall mean the Blanket Letter of Representations dated July 11, 1997, from the Authority to the Securities Depository and any amendments thereto or successor agreements between the Authority and any successor Securities Depository with respect to the Series 2012 Bonds. Notwithstanding any provision of the Master Agreement of Trust, including Article X regarding amendments, the Trustee may enter into any such amendment or successor agreement without the consent of Bondholders. "Prior Bonds" shall mean the Authority's Public Facility Revenue Bonds Series 2003A and Lease Revenue Bonds (Social Services Facility) Series 1998 listed on Exhibit C hereto. "Project" or "Projects" shall have the meaning set forth in the Support Agreement. "Securities Depository" shall mean The Depository Trust Company, a corporation organized and existing under the laws of the State of New York, and any other securities depository for the Series 2012 Bonds appointed pursuant to Section 2-204, and their successors. "Series 2012 Bonds" shall mean the Series 2012A Bonds and the Series 2012B Bonds. "Series 2012 Projects" shall mean have the meaning set forth in the Support Agreement. 2 4820-6324-5583.3 "Series 2012A Bonds" shall mean Authority's $ Public Facility Revenue Bonds, Series 2012A, authorized to be issued pursuant to this Fifth Supplemental Agreement. "Series 2012A Project Account" shall mean the Series 2012A Project Account established in Section 4-501 of this Fifth Supplemental Agreement. "Series 2012B Bonds" shall mean Authority's $ Public Facility Refunding Revenue Bonds, Series 2012B, authorized to be issued pursuant to this Fifth Supplemental Agreement. "Series 2012B Project Account" shall mean the Series 2012B Project Account established in Section 4-502 of this Fifth Supplemental Agreement. "Fifth Supplemental Agreement" shall mean this Fifth Supplemental Agreement of Trust between the Authority and the Trustee, which supplements and amends the Master Agreement of Trust. Section 1-103. Rules of Construction. The following rules shall apply to the construction of this Fifth Supplemental Agreement unless the context otherwise requires: (a) Words importing the singular number shall include the plural number and vice versa. (b) Words importing the redemption or calling for redemption of Series 2012 Bonds shall not be deemed to refer to or connote the payment of Series 2012 Bonds at their stated maturity. (c) Unless otherwise indicated, all references herein to particular Articles or Sections are references to Articles or Sections of this Fifth Supplemental Agreement. (d) The headings herein and Table of Contents to this Fifth Supplemental Agreement herein are solely for convenience of reference and shall not constitute a part of this Fifth Supplemental Agreement nor shall they affect its meaning, construction or effect (e) All references herein to payment of Series 2012 Bonds are references to payment of principal of and interest on the Series 2012 Bonds. 3 4820-6324-5583.3 ARTICLE II AUTHORIZATION, DETAILS AND FORM OF SERIES 2012 BONDS Section 2-201. Authorization of Series 2012 Bonds and Series 2012 Projects. There are hereby authorized to be issued the Series 2012A Bonds in an aggregate principal amount of $ and Series 2012B Bonds in an aggregate principal of $ (a) to finance the Cost of the Series 2012 Projects, (b) to refund the Prior Bonds and (c) finance costs incident to issuing the series 2012 Bonds, in accordance with Article IV hereof. Section 2-202. Details of Series 2012 Bonds. (a) The Series 2012A Bonds shall be designated "Public Facility Revenue Bonds, Series 2012A," shall be the date of their delivery, shall be issuable only as fully registered bonds in denominations of $5,000 and integral multiples thereof and shall be numbered R-1 upward. The Series 2012A Bonds shall bear interest at rates, payable semiannually on each June 1 and December 1, beginning December 1, 2012, and shall mature in installments on December 1 in years and amounts, as follows: Year Amount Rate Year Amount Rate 2012 $ % 2023 $ % 2013 2024 2014 2025 2015 2026 2016 2027 2017 2028 2018 2029 2019 2030 2020 2031 2021 2032 2022 (b) The Series 2012B Bonds shall be designated "Public Facility Refunding Revenue Bonds, Series 2012B," shall be the date of their delivery, shall be issuable only as fully registered bonds in denominations of $5,000 and integral multiples thereof and shall be numbered R-1 upward. The Series 2012B Bonds shall bear interest at rates, payable semiannually on each June 1 and December 1, beginning December 1, 2012, and shall mature in installments on December 1 in years and amounts, as follows: Year Amount Rate Year Amount Rate 2012 $ % 2016 $ % 2013 2017 2014 2022 4 4820-6324-5583.3 2015 2023 (c) Each Series 2012 Bond shall bear interest (a) from its date, if such Series 2012 Bond is authenticated prior to the first interest payment date, or (b) otherwise from the interest payment date that is, or immediately precedes, the date on which such Series 2012 Bond is authenticated; provided, however, that if at the time of authentication of any Series 2012 Bond shall bear interest from the date to which interest has been paid. Interest shall be calculated on the basis of a 360 -day year of twelve 30 -day months. (d) Principal of the Series 2012 Bonds shall be payable to the registered holder(s) upon the surrender of Series 2012 Bonds at the corporate trust office of the Trustee in Richmond, Virginia. Interest on the Series 2012 Bonds shall be payable by check or draft mailed to the registered owners at their addresses as they appear on the registration books kept by the Trustee on the first day of the month of each interest payment date; provided, however, if the Series 2012 Bonds are registered in the name of a Securities Depository or its nominee as registered holder or at the option of a registered holder(s) of at least $1,000,000 of Series 2012 Bonds, payment shall be made by wire transfer pursuant to the wire instructions received by the Trustee from such registered holder(s). If the nominal date for making any payment on the Series 2012 Bonds is not a Business day, the payment may be made on the next business Day with the same effect as if made on the nominal date, and no additional interest shall accrue between the nominal date and the actual payment date. Principal and interest shall be payable in lawful money of the United States of America. Section 2-203. Form of Series 2012 Bonds. The Series 2012A Bonds shall be in substantially the form set forth n Exhibit A and the Series 2012B shall be in substantially the form set forth in Exhibit B, with such appropriate variations, omissions and insertions as are permitted or required by the Master Agreement of Trust and this Fifth Supplemental Agreement Section 2-204. Securities Depository Provisions Initially, one certificate for each maturity of each Series of the Series 2012 Bonds will be issued and registered to the Securities Depository, or its nominee. The Authority has entered into a Letter of Representations relating to a book -entry system to be maintained by the Securities Depository with respect to the Series 2012 Bonds. In the event that (a) the securities Depository determines not to continue to act as a securities depository for the Series 2012 Bonds by giving notice to the Trustee and the Authority discharging its responsibilities hereunder or (b) the Authority, at the direction of the City, determines (1) that beneficial owners of Series 2012 Bonds shall be able to obtain certificated Series 2012 Bonds or (2) to select a new Securities Depository, then the Trustee shall, at the direction of the authority, attempt to locate another qualified securities depository to serve as Securities Depository or authenticate and deliver certificated Series 2012 Bonds to the beneficial owners or to the Securities Depository participants on behalf of beneficial owners substantially in the form provided for in Exhibit A or Exhibit B, as applicable; provided, however, that such form shall provide for interest on the Series 2012 Bonds to be payable (i) from June , 2012 if it 5 4820-6324-5583.3 is authenticated prior to [December 1, 20121 or (ii) otherwise from the June 1 or December 1 that is, or immediately precedes, the date on which it is authenticated (unless payment of interest thereon is in default, in which case interest on such Series 2012 Bonds shall be payable from the date to which interest has been paid). In delivering certificated Series 2012 Bonds, the Trustee shall be entitled to rely conclusively on the records of the Securities Depository as to the beneficial owners or the records of the Securities Depository participants acting on behalf of beneficial owners. Such certificated Series 2012 Bonds will be registrable, transferable and exchangeable as set forth in Section 204 and 205 of the Master Agreement of Trust. So long as there is a Securities Depository for the Series 2012 Bonds (A) it or its nominee shall be the registered holder(s) of the Series 2012 Bonds, (B) notwithstanding anything to the contrary in this Fifth Supplemental Agreement, determinations of persons entitled to payment of principal and interest, transfers of ownership and exchanges and receipt of notices shall be the responsibility of the Securities Depository and shall be effected pursuant to rules and procedures established by such Securities Depository, (C) the Authority and the Trustee shall not be responsible or liable for maintaining, supervising or reviewing the records maintained by the Securities Depository, its participants or persons acting through such participants, (D) references in this Fifth Supplemental Agreement to registered holder(s) of the Series 2012 Bonds shall mean such Securities Depository or its nominee and shall not mean the beneficial owners of the Series 2012 Bonds and (E) in the event of any inconsistency between the provisions of this Fifth Supplemental Agreement, other than those set forth in this paragraph and the preceding paragraph, and the provisions of the Letter of Representations such provisions of the Letter of Representations shall control. Section 2-205. Delivery of Series 2012 Bonds. The Trustee shall authenticate and deliver the Series 2012 Bonds when there have been filed with or delivered to it all items required by Section 303 of the Master Agreement of Trust. ARTICLE III REDEMPTION OF SERIES 2012 BONDS Section 3-301. Redemption Date and Price. (a) Optional Redemption. The Series 2012 Bonds may not be called for redemption by the Authority except as follows. The Series 2012 Bonds maturing on or after December 1, 2023 may be redeemed by the Authority, at the direction of the City, on or after December 1, 2022, in whole or in part at any time (in increments of $5,000), at a redemption price of 100% of the principal amount, or portion thereof, of Series 2012 Bonds to be redeemed plus interest accrued to the redemption date. (b) [[Mandatory Redemption. The Series Bonds maturing on December 1, are required to be redeemed prior to maturity in part upon payment of 100% of the principal amount thereof plus interest accrued to the redemption date on December 1 in years and amounts, as follows: 0 4820-6324-5583.3 Year Amount The Series Bonds maturing on December 1, , are required to be redeemed prior to maturity in part upon payment of 100% of the principal amount thereof plus interest accrued to the redemption date on December 1 in years and amounts, as follows:] Year Amount Section 3-302. Selection of Series 2012 Bonds for Redemption. If less than all of the Series 2012 Bonds are called for redemption, the Series 2012 Bonds to be redeemed shall be selected by the Securities Depository or any successor securities depository pursuant to its rules and procedures or, if the book -entry system is discontinued, shall be selected by the Trustee by lot in such manner as the Trustee in its discretion may determine. The portion of any Series 2012 Bond to be redeemed shall be in the principal amount of $5,000 or some multiple thereof. In selecting Series 2012 Bonds for redemption, each Series 2012 Bond shall be considered as representing that number of Series 2012 bonds which is obtained by dividing the principal amount of such Series 2012 Bonds by $5,000. If a portion of a Series 2012 Bond shall be called for redemption, a new Series 2012 Bond in principal amount equal to the unredeemed portion thereof shall be issued to the registered owner upon the surrender thereof. Section 3-303. Notice of Redemption. The Trustee, upon being satisfied as to the payment of its expenses and upon receiving the notice of redemption from the Authority not less than 45 days prior to the redemption date, shall send notice of the call for redemption, identifying the Series 2012 Bonds or portions thereof to be redeemed, not less than 30 nor more than 60 days prior to the redemption date, (a) by facsimile or electronic transmission, registered or certified mail or overnight express delivery, to the holder of each Series 2012 Bond to be redeemed at his address as it appears on the registration books kept by the Trustee, (b) by facsimile or electronic transmission, registered or certified mail or overnight express delivery, to all organizations registered with the Securities and Exchange Commission as securities depositories and (c) to each nationally recognized municipal securities information repository designated as such by the Securities and Exchange Commission. In preparing and delivering such notice, the Trustee shall take into account, to the extent applicable, the prevailing tax-exempt securities industry standards and any regulatory 7 4820-6324-5583.3 statement of any federal or state administrative bond having jurisdiction over the Authority or the tax-exempt securities industry, including Release No. 34-23856 of the Securities and Exchange Commission or any subsequent amending or superseding release. Failure to give any notice specified in (a) above, or any defect therein, shall not affect the validity of any proceedings for the redemption of any Series 2012 Bond with respect to which no such failure or defect has occurred. Failure to give any notice specified in (b) or (c) above, or any defect herein, shall not affect the validity of any proceedings for the redemption of any Series 2012 Bonds with respect to which the notice specified in (a) above is correctly given. Any notice mailed or provided herein shall conclusively be presumed to have been given whether or not actually received by any Series 2012 Bondholder. In the case of an optional redemption, the notice may state that (1) it is conditioned upon the deposit of moneys, in an amount equal to the amount necessary to effect the redemption, with the Trustee no later than the redemption date or (2) the Authority, as directed by the City, retains the right to rescind such notice on or prior to the scheduled redemption date (in either case, a "Conditional Redemption"), and such notice and optional redemption shall be of no effect if such moneys are not so deposited or if the notice is rescinded as described herein. Any Conditional Redemption in (2) above may be rescinded at any time prior to the redemption date if the Authority delivers a written direction to the Trustee directing the Trustee to rescind the redemption notice and any funds deposited with the Trustee in connection with such rescinded redemption shall be returned to the City. The Trustee shall give prompt notice of such rescission to the affected Series 2012 Bondholders. Any Series 2012 Bonds subject to Conditional Redemption where redemption has been rescinded shall remain Outstanding, and the rescission shall not constitute an Event of Default. Further, in the case of Conditional Redemption, the failure to the Authority to make funds available on or before the redemption date shall not constitute an Event of Default, and the Trustee shall give immediate notice to all organizations registered with the Securities and Exchange Commission as securities depositories or the affected Series 2012 Bondholders that the redemption did not occur and that the Series 2012 Bonds called for redemption and not so paid remain outstanding. ARTICLE IV APPLICATION OF PROCEEDS OF SERIES 2012 BONDS Section 4-401. Application of Proceeds of Series 2012 Bonds. (a) The proceeds of the Series 2012A Bonds ($ ) shall be paid to the Trustee and shall be transferred to the City for deposit into the Series 2012A Project Account in the Project Fund. (b) The proceeds of the Series 2012B Bonds ($ ) shall be paid to the Trustee in its capacity as escrow agent and deposited upon receipt under the Escrow Deposit Agreement. The remaining balance ($ ) and shall be transferred to the City for deposit into the Series 2012B [Project Account.] 8 4820-6324-5583.3 ARTICLE V ESTABLISHMENT OF ACCOUNT Series 5-501. Series 2012A Project Account. There shall be established within the Project Fund a special account entitled "Series 2012A Project Account." The portion of the proceeds of the Series 2012A Bonds specified in Section 4.401(a), together with good faith deposit in the amount of $ previously paid to the City, shall be deposited by the City in the Series 2012A Project Account. Money in the Series 2012A Project Account shall be used in accordance with the provisions of Section 503 of the Master Agreement of Trust. Series 5-502. Series 2012B [Project/Refunding] Account. There shall be established within the Project fund a special account entitled "Series 2012B [Project] Account." The portion of the proceeds of the Series 2012B Bonds specified in Section 4.401(b) shall be deposited by the City in the Series 2012B Account. Money in the Series 2012B Account shall be used in accordance with the provisions of Section [603] of the Master Agreement of Trust. ARTICLE VI SECURITY FOR SERIES 2012 BONDS Section 6-601. Security for Series 2012 Bonds. The Series 2012 Bonds shall be equally and ratably secured under the Master Agreement of Trust with the Authority's $165,000,000 Public Facility Revenue Bonds, Series 2003A, its $94,900,000 Public Facility Revenue Bonds, Series 2005A, its $9,000,000 Taxable Public Facility Revenue Bonds, Series 2005B, its $96,835,000 Public Facility Revenue Bonds, Series 2007A, its $4,030,000 Taxable Public Facility Revenue Bonds, Series 2007B, its $17,000,000 Public Facility Revenue Bonds, Series 2010A, its $98,035,000 Public Facility Refunding Revenue Bonds, Series 2010B and its $45,450,000 Public Facility Revenue Bonds, Series 2010C and any other series issued pursuant to Article III of the Master Agreement of Trust, without preference, priority or distinction of any Bonds over any other Bonds, except as provided in the Master Agreement of Trust. ARTICLE VII MISCELLANEOUS Section 7-701. Limited on Use of Proceeds. The Authority intends that interest on the Series 2012 Bonds shall be excluded from gross income for Federal income tax purposes. The Authority covenants with the holders of the Series 2012 Bonds not to take any action that would adversely affect, and to take all action within its 4820-6324-5583.3 power necessary to maintain, the exclusion of interest on all Series 2012 Bonds from gross income for Federal income taxation purposes. Section 7-702. Limitation of Right. With the exception of rights herein expressly conferred, nothing expressed or mentioned in or to be implied from this Fifth Supplemental Agreement or the Series 2012 Bonds is intended or shall be construed to give to any person other than the parties hereto and the holders of Series 2012 Bonds any legal or equitable right, remedy or claim under or in respect to this Fifth Supplemental Agreement or any covenants, conditions and agreements herein contained since this Fifth Supplemental Agreement and all of the covenants, conditions and agreements hereof are intended to be and are for the sole and exclusive benefit of the parties hereto and the holders of Bonds as herein provided. Section 7-703. Severability. If any provision of this Fifth Supplemental Agreement shall be held invalid by any court of competent jurisdiction, such holding shall not invalidate any other provision hereof and this Fifth Supplemental Agreement shall be construed and enforced as if such illegal provision had not been contained herein. Section 7-704. Successors and Assigns. This Fifth Supplemental Agreement shall be binding upon, inure to the benefit of and be enforceable by the parties and their respective successors and assigns. Section 7-705. Applicable Law. This Fifth Supplemental Agreement shall be governed by the applicable laws of the Commonwealth of Virginia. Section 7-706. Counterparts. This Fifth Supplemental Agreement may be executed in several counterparts, each of which shall be an original and all of which together shall constitute but one and the same instrument. 10 4820-6324-5583.3 IN WITNESS WHEREOF, the Authority and the Trustee have caused this Fifth Supplemental Agreement to be executed in their respective corporate names as of the date first above written. CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY LIZZ U.S. BANK NATIONAL ASSOCIATION, As Trustee LIM Title: Acknowledged and Consented To: CITY OF VIRGINIA BEACH, VIRGINIA, am Title: 11 4820-6324-5583.3 EXHIBIT A Unless this certificate is presented by an authorized representative of The Depository Trust Company, a New York corporation ("DTC"), to the issuer or its agent for registration of transfer, exchange, or payment, and any certificate is registered in the name of Cede & Co., or in such other name as is requested by an authorized representative of DTC (and any payment is made to Cede & Co. or to such other entity as is requested by an authorized representative of DTC), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, Cede & Co., has an interest herein. REGISTERED UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA REGISTERED CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY Public Facility Revenue Bond, Series 2012A INTEREST RATE MATURITY DATE DATED DATE CUSIP % December 1, , 2012 92774G REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: DOLLARS The City of Virginia Beach Development Authority, a political subdivision of the Commonwealth of Virginia (the "Authority"), for value received, hereby promises to pay upon surrender hereof at the principal corporate trust office of U.S. Bank National Association (successor to Wachovia Bank, National Association), Richmond, Virginia, as trustee, or its successor in trust (the "Trustee"), under the Agreement of Trust (as hereinafter defined) solely from the source and as hereinafter provided, to the registered owner hereof, or registered assigns or legal representative, the principal sum stated above on the maturity date stated above, subject to prior redemption as hereinafter provided, and to pay, solely from such source, interest hereon on each June 1 and December 1, beginning December 1, 2012 at the annual rate stated above, calculated on the basis of a 360 -day year of twelve 30 -day months. Interest is payable (a) from , 2012, if this bond is authenticated prior to December 1, 2012, or (b) otherwise from the June 1 or December 1 that is, or immediately precedes, the date on which this bond is authenticated (unless payment of interest hereon is in default, in which case this bond shall bear A-1 4820-6324-5583.3 interest from the day to which interest has been paid). Interest is payable by check or draft mailed to the registered owner hereof at its address as it appears on the first day of the month of each interest payment date on registration books kept by the Trustee; provided, however, that at the option of a registered owner of at least $1,000,000 of Bonds (as hereinafter defined), payment will be made by wire transfer pursuant to the most recent wire instructions received by the Trustee from such registered owner. If the nominal date for making any payment on this bond a Business Day (as hereinafter defined), the payment may be made on the next Business Day with the same effect as if made on the nominal date, and no additional interest shall accrue between the nominal date and the actual payment date. Principal and interest are payable in lawful money of the United States of America. "Business Day" shall mean a day on which banking business is transacted, but not including a Saturday, Sunday or legal holiday, or any day on which banking institutions are authorized by low to close in the city in the Commonwealth of Virginia in which the Trustee has its principal corporate trust office. Notwithstanding any other provision hereof, this bond is subject to book -entry form maintained by the Depository Trust Company ("DTC"), and the payment of principal and interest, the providing of notices and other matters shall be made as described in the Authority's Letter or Representations to DTC. This bond is one of an issue of $ Public Facility Revenue Bonds, Series 2012A (the "Bonds"), authorized and issued pursuant to Chapter 643 of the Virginia Acts of Assembly of 1964, as amended. The Bonds are issued under and secured by an Agreement of Trust dated as of September 1, 2003, between the Authority and the Trustee, as supplemented by a First Supplemental Agreement of Trust dated as of September 1, 2003, a Second Supplemental Agreement of Trust dated as of May 1, 2005, a Third Supplemental Agreement of Trust dated as of June 1, 2007, a Fourth Supplemental Agreement of Trust dated as of March 1, 2010 and a Fifth Supplemental Agreement of Trust dated as of [June 11, 2012 (collectively, the "Agreement of Trust"). The Agreement of Trust assigns to the Trustee, as security for the Bonds, (a) the revenues and receipts derived from a Support Agreement dated as of September 1, 2003, as supplemented and amended by a First Supplemental Support Agreement dated as of May 1, 2005, and a Second Supplemental Support Agreement dated as of June 1, 2007, a Third Supplemental Agreement of Trust dated as of May 1, 2010 and a Fourth Supplemental Support Agreement dated as of [June 11, 2012 (collectively, the "Support Agreement"), each between the Authority and the City of Virginia Beach, Virginia (the "City"), and (b) the Authority's rights under the Support Agreement (except for the Authority's rights under the Support Agreement to the payment of certain fees and expenses and the rights to notices). Reference is hereby made to the Agreement of Trust for a description of the provisions, among others, with respect to the nature and extent of the security, the rights, duties and obligations of the Authority and the Trustee, the rights of the holders of the Bonds and the terms upon which the Bonds are issued and secured. The Bonds are equally and ratably secured on a parity basis with the Authority's $165,000,000 Public Facility Revenue Bonds, Series 2003A, its $94,900,000 Public Facility Revenue Bonds, Series 2005A, its $9,000,000 Taxable Public Facility Revenue Bonds, Series 2005B, its $96,835,000 Public Facility Revenue Bonds, Series 2007A, its $4,030,000 Taxable Public Facility Revenue Bonds, Series 2007B and its $17,000,000 Public Facility Revenue A-2 4820-6324-5583.3 Bonds, Series 2010A, its $98,035,000 Public Facility Refunding Revenue Bonds, Series 2010B and its $45,450,000 Public Facility Revenue Bonds, Series 2010C (the "Parity Bonds"). Additional bonds secured by a pledge of revenues and receipts derived from the City under the Support Agreement on a parity with the Bonds and the Parity Bonds may be issued under the terms and conditions set forth in the Agreement of Trust. Terms not otherwise defined herein shall have the meaning assigned such terms in the Agreement of Trust. The Bonds are issued to (a) finance the acquisition, construction and equipping of various capital improvements for the City and public school purposes and (b) pay costs incurred in issuing the Bonds, Under the Support Agreement, the City has agreed to make payments that will be sufficient to pay the principal of and interest on the Bonds as the same shall become due in accordance with their terms and the provisions and the terms of the agreement of Trust. The undertaking by the City to make payments under the Support Agreement does not constitute a debt of the City within the meaning of any constitutional or statutory limitation nor a liability of or a lien or charge upon funds or property of the City beyond any fiscal year for which the City has appropriated moneys to make such payments. THE BONDS AND THE INTEREST THEREON ARE LIMITED OBLIGATIONS OF THE AUTHORITY PAYABLE SOLELY FROM REVENUES AND RECEIPTS DERIVED FROM THE CITY RECEIVED BY THE AUTHORITY UNDER THE SUPPORT AGREEMENT, AND FROM CERTAIN FUNDS, AND THE INVESTMENT INCOME THEREON, HELD UNDER THE AGREEMENT OF TRUST, WHICH REVENUES, RECEIPTS AND FUNDS HAVE BEEN PLEDGED AND ASSIGNED TO SECURE PAYMENT THEREOF. THE BONDS AND INTEREST THEREON SHALL NOT BE DEEMED TO CONSTITUTE A GENERAL OBLIGATION DEBT OR A PLEDGE OF THE FAITH AND CREDIT OF THE COMMONWEALTH OF VIRGINIA OR ANY POLITICAL SUBDIVISION THEREOF, INCLUDING THE AUTHORITY AND THE CITY. NEITHER THE COMMONWEALTH OF VIRGINIA NOR ANY POLITICAL SUBDIVISION THEREOF, INCLUDING THE AUTHORITY AND THE CITY, SHALL BE OBLIGATED TO PAY THE PRINCIPAL OF OR INTEREST ON THE BONDS OR OTHER COSTS INCIDENT THERETO EXCEPT FRO THE REVENUES AND RECEIPTS PLEDGED AND ASSIGNED THEREFORE, AND NEITHER THE FAITH AND CREDIT NOR THE TAXING POWER OF THE COMMONWEALTH OF VIRGINIA, OR ANY POLITICAL SUBDIVISION THEREOF, INCLUDING THE AUTHORITY AND THE CITY, IS PLEDGED TO THE PAYMENT OF THE PRINCIPAL OF OR INTEREST ON THE BONDS OR OTHER COSTS INCIDENT THERETO. THE AUTHORITY HAS NO TAXING POWER. No covenant, condition or agreement contained herein shall be deemed to be a covenant, agreement or obligation of any present or future director, officer, employee or agent of the Authority in is individual capacity, and neither the Chairman of the Authority nor any officer thereof executing this Bond shall be liable personally on the Bonds or be subject to any personal liability or accountability by reason of the issuance thereof. The Bonds may not be called for redemption by the Authority except as provided herein and in the Agreement of Trust. A-3 4820-6324-5583.3 The Bonds maturing on or after December 1, 2023, may be redeemed prior to their respective maturities on or after December 1, 2022, at the option of the Authority, at the direction of the City, in whole or in part at any time at a redemption price of 100% of the principal amount, or portion thereof, of Bonds to be redeemed plus interest accrued to the redemption date. If less than all the Bonds are called for redemption, they shall be redeemed from maturities in such order as determined by the Authority. If less than all of the bonds of any maturity are called for redemption, the Bonds to be redeemed shall be selected by DTC or any successor securities depository pursuant to its rules and procedures or, if the book -entry system is discontinued, shall be selected by the Trustee by lot in such manner as the Trustee in its discretion may determine. The portion of any Bond to be redeemed shall be in the principal amount of $5,000 or some integral multiple thereof. In selecting Bonds for redemption, each Bond shall be considered as representing that number of Bonds which is obtained by dividing the principal amount of such Bond by $5,000. If any of the Bonds or portions thereof are called for redemption, the Trustee shall send notice of the call for redemption, identifying the Bonds or portions thereof to be redeemed, not less than 30 nor more than 60 days prior to the redemption date, by facsimile or electronic transmission, registered or certified mail or overnight express delivery, to the registered owner of the Bonds. Such notice may state that (1) it is conditioned upon the deposit of moneys, in an amount equal to the amount necessary to effect the redemption, with the Trustee no later that the redemption date or (2) the Authority retains the right to rescind such notice on or prior to the scheduled redemption date, and such notice and option redemption shall be of no effect if such moneys are not so deposited or if the notice is rescinded. Provided funds for their redemption are on deposit at the place of payment on the redemption date, all Bonds or portions thereof so called for redemption shall cease to bear interest on such date, shall no longer be secured by the Agreement of Trust and shall not be deemed to be Outstanding under the provisions of the Agreement of Trust. If a portion of the Bond shall be called for redemption, a new Bond in principal amount equal to the unredeemed portion hereof will be issued to DTC or its nominee upon surrender hereof, or if the book -entry system is discontinued, to the registered owners of the Bonds. The registered owner of this Bond shall have no right to enforce the provisions of the Agreement of Trust or to institute action to enforce the covenants therein or to take any action with respect to any Event of Default under the Agreement of Trust or to institute, appear in or defend any suit or other proceedings with respect thereto, except as provided in the Agreement of Trust. Modifications or alterations of the Agreement of Trust or the Support Agreement, or of any supplement thereto, may be made only to the extent and in the circumstances permitted by the Agreement of Trust. The Bonds are issuable as registered bonds in the denomination of $5,000 and integral multiples thereof. Upon surrender for transfer or exchange of this Bond at the corporate trust office of the Trustee in Richmond, Virginia, together with an assignment duly executed by the registered owner or its duly authorized attorney or legal representative in such form as shall be satisfactory to the Trustee, the Authority shall execute, and the Trustee shall authenticate and A-4 4820-6324-5583.3 deliver in exchange, a new Bond or Bonds in the manner and subject to the limitations and conditions provided in the Agreement of Trust, having an equal aggregate principal amount, in authorized denominations, of the same series, form and maturity, bearing interest at the same rate and registered in the name or names as requested by the then registered owner hereof or its duly authorized attorney or legal representative. Any such exchange shall be at the expense of the Authority, except that the Trustee may charge the person requesting such exchange the amount of any tax or other governmental charge required to be paid with respect thereto. The Trustee shall treat the registered owner as the person exclusively entitled to payment of principal and interest and the exercise of all other rights and powers of the owner, except that interest payments shall be made to the person shown as holder on the first day of the month of each interest payment date. All acts conditions and things required to happen, exist or be performed precedent to and in the issuance of this bond have happened, exist and have been performed. This Bond shall not become obligatory for any purpose or be entitled to any security or benefit under the Agreement of Trust or be valid until the Trustee shall have executed the Certificate of Authentication appearing hereon and inserted the date of authentication hereon. IN WITNESS WHEREOF, the City of Virginia Beach Development Authority has caused this Bond to be signed by its Chairman, its seal to be imprinted hereon and attested by its Secretary, and this Bond to be dated the date first above written. (SEAL) CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY Chairman Attest: Secretary A-5 4820-6324-5583.3 CERTIFICATE OF AUTHENTICATION Date Authenticated: June , 2012 This Bond is one of the Series 2012A Bonds described in the within mentioned Agreement of Trust. U.S. BANK NATIONAL ASSOCIATION, as Trustee Authorized Officer A-6 4820-6324-5583.3 ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sell(s), assign(s) and transfer(s) unto (please print or typewrite name and address, including zip code, of Transferee) PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF TRANSFEREE The within Bond and all rights thereunder, hereby irrevocably constituting and appointing , Attorney, to transfer said Bond on the books kept for the registration thereof, with full power of substitution in the premises. Date: Signature Guaranteed NOTICE: Signature(s) must be guaranteed by an Eligible Guarantor Institution such as a Commercial Bank, Trust Company, Securities Broker/Dealer, Credit Union, or Savings Association who is a member of a medallion program approved by The Securities Transfer Association, Inc. A-7 4820-6324-5583.3 (Signature of Registered Owner) NOTICE: The signature above must correspond with the name of the registered owner as it appears on the front of this bond in every particular, without alteration or enlargement or any change whatsoever. EXHIBIT B Unless this certificate is presented by an authorized representative of The Depository Trust Company, a New York corporation ("DTC"), to the issuer or its agent for registration of transfer, exchange, or payment, and any certificate is registered in the name of Cede & Co., or in such other name as is requested by an authorized representative of DTC (and any payment is made to Cede & Co. or to such other entity as is requested by an authorized representative of DTC), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, Cede & Co., has an interest herein. REGISTERED BR -1 UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA REGISTERED CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY Public Facility Refunding Revenue Bond, Series 2012B INTEREST RATE MATURITY DATE DATED DATE CUSIP % December 1, , 2012 92774G REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: DOLLARS The City of Virginia Beach Development Authority, a political subdivision of the Commonwealth of Virginia (the "Authority"), for value received, hereby promises to pay upon surrender hereof at the principal corporate trust office of U.S. Bank National Association (successor to Wachovia Bank, National Association), Richmond, Virginia, as trustee, or its successor in trust (the "Trustee"), under the Agreement of Trust (as hereinafter defined) solely from the source and as hereinafter provided, to the registered owner hereof, or registered assigns or legal representative, the principal sum stated above on the maturity date stated above, subject to prior redemption as hereinafter provided, and to pay, solely from such source, interest hereon on each June 1 and December 1, beginning December 1, 2012, at the annual rate stated above, calculated on the basis of a 360 -day year of twelve 30 -day months. Interest is payable (a) from , 2012, if this bond is authenticated prior to December 1, 2012, or (b) otherwise from the June 1, and December 1 that is, or immediately precedes, the date on which this bond is authenticated (unless payment of interest hereon is in default, in which case this bond shall bear interest from the day to which interest has been paid). Interest is payable by check or draft mailed to the registered owner hereof at its address as it appears on the first day of the month of B-1 4820-6324-5583.3 each interest payment date on registration books kept by the Trustee; provided, however, that at the option of a registered owner of at least $1,000,000 of Bonds (as hereinafter defined), payment will be made by wire transfer pursuant to the most recent wire instructions received by the Trustee from such registered owner. If the nominal date for making any payment on this bond a Business Day (as hereinafter defined), the payment may be made on the next Business Day with the same effect as if made on the nominal date, and no additional interest shall accrue between the nominal date and the actual payment date. Principal and interest are payable in lawful money of the United States of America. "Business Day" shall mean a day on which banking business is transacted, but not including a Saturday, Sunday or legal holiday, or any day on which banking institutions are authorized by low to close in the city in the Commonwealth of Virginia in which the Trustee has its principal corporate trust office. Notwithstanding any other provision hereof, this bond is subject to book -entry form maintained by the Depository Trust Company ("DTC"), and the payment of principal and interest, the providing of notices and other matters shall be made as described in the Authority's Letter or Representations to DTC. This bond is one of an issue of $ Public Facility Refunding Revenue Bonds, Series 2012B (the "Bonds"), authorized and issued pursuant to Chapter 643 of the Virginia Acts of Assembly of 1964, as amended. The Bonds are issued under and secured by an Agreement of Trust dated as of September 1, 2003, between the Authority and the Trustee, as supplemented by a First Supplemental Agreement of Trust dated as of September 1, 2003, a Second Supplemental Agreement of Trust dated as of May 1, 2005, a Third Supplemental Agreement of Trust dated as of June 1, 2007, a Fourth Supplemental Agreement of Trust dated as of May 1, 2010 and a Fifth Supplemental Agreement of Trust dated as of [June 11, 2012 (collectively, the "Agreement of Trust"). The Agreement of Trust assigns to the Trustee, as security for the Bonds, (a) the revenues and receipts derived from a Support Agreement dated as of September 1, 2003, as supplemented and amended by a First Supplemental Support Agreement dated as of May 1, 2005, and a Second Supplemental Support Agreement dated as of June 1, 2007, a Third Supplemental Agreement of Trust dated as of March 1, 2010 and a Fourth Supplemental Support Agreement dated as of [June 11, 2012 (collectively, the "Support Agreement"), each between the Authority and the City of Virginia Beach, Virginia (the "City"), and (b) the Authority's rights under the Support Agreement (except for the Authority's rights under the Support Agreement to the payment of certain fees and expenses and the rights to notices). Reference is hereby made to the Agreement of Trust for a description of the provisions, among others, with respect to the nature and extent of the security, the rights, duties and obligations of the Authority and the Trustee, the rights of the holders of the Bonds and the terns upon which the Bonds are issued and secured. The Bonds are equally and ratably secured on a parity basis with the Authority's $165,000,000 Public Facility Revenue Bonds, Series 2003A, its $94,900,000 Public Facility Revenue Bonds, Series 2005A, its $9,000,000 Taxable Public Facility Revenue Bonds, Series 2005B, its $96,835,000 Public Facility Revenue Bonds, Series 2007A, its $4,030,000 Taxable Public Facility Revenue Bonds, Series 2007B and its $17,000,000 Public Facility Revenue Bonds, Series 2010A, its $98,035,000 Public Facility Refunding Revenue Bonds, Series 2010B and its $45,450,000 Public Facility Revenue Bonds, Series 2010C (the "Parity Bonds"). B-2 4820-6324-5583.3 Additional bonds secured by a pledge of revenues and receipts derived from the City under the Support Agreement on a parity with the Bonds and the Parity Bonds may be issued under the terms and conditions set forth in the Agreement of Trust. Terms not otherwise defined herein shall have the meaning assigned such terms in the Agreement of Trust. The Bonds are issued to refund certain of the Authority's public facility revenue bonds and lease revenue bonds previously issued for the benefit of the City and pay costs incurred in issuing the Bonds, Under the Support Agreement, the City has agreed to make payments that will be sufficient to pay the principal of and interest on the Bonds as the same shall become due in accordance with their terms and the provisions and the terms of the agreement of Trust. The undertaking by the City to make payments under the Support Agreement does not constitute a debt of the City within the meaning of any constitutional or statutory limitation nor a liability of or a lien or charge upon funds or property of the City beyond any fiscal year for which the City has appropriated moneys to make such payments. THE BONDS AND THE INTEREST THEREON ARE LIMITED OBLIGATIONS OF THE AUTHORITY PAYABLE SOLELY FROM REVENUES AND RECEIPTS DERIVED FROM THE CITY RECEIVED BY THE AUTHORITY UNDER THE SUPPORT AGREEMENT, AND FROM CERTAIN FUNDS, AND THE INVESTMENT INCOME THEREON, HELD UNDER THE AGREEMENT OF TRUST, WHICH REVENUES, RECEIPTS AND FUNDS HAVE BEEN PLEDGED AND ASSIGNED TO SECURE PAYMENT THEREOF. THE BONDS AND INTEREST THEREON SHALL NOT BE DEEMED TO CONSTITUTE A GENERAL OBLIGATION DEBT OR A PLEDGE OF THE FAITH AND CREDIT OF THE COMMONWEALTH OF VIRGINIA OR ANY POLITICAL SUBDIVISION THEREOF, INCLUDING THE AUTHORITY AND THE CITY. NEITHER THE COMMONWEALTH OF VIRGINIA NOR ANY POLITICAL SUBDIVISION THEREOF, INCLUDING THE AUTHORITY AND THE CITY, SHALL BE OBLIGATED TO PAY THE PRINCIPAL OF OR INTEREST ON THE BONDS OR OTHER COSTS INCIDENT THERETO EXCEPT FRO THE REVENUES AND RECEIPTS PLEDGED AND ASSIGNED THEREFORE, AND NEITHER THE FAITH AND CREDIT NOR THE TAXING POWER OF THE COMMONWEALTH OF VIRGINIA, OR ANY POLITICAL SUBDIVISION THEREOF, INCLUDING THE AUTHORITY AND THE CITY, IS PLEDGED TO THE PAYMENT OF THE PRINCIPAL OF OR INTEREST ON THE BONDS OR OTHER COSTS INCIDENT THERETO. THE AUTHORITY HAS NO TAXING POWER. No covenant, condition or agreement contained herein shall be deemed to be a covenant, agreement or obligation of any present or future director, officer, employee or agent of the Authority in is individual capacity, and neither the Chairman of the Authority nor any officer thereof executing this Bond shall be liable personally on the Bonds or be subject to any personal liability or accountability by reason of the issuance thereof. The Bonds may not be called for redemption by the Authority except as provided herein and in the Agreement of Trust. The Bonds maturing on or after December 1, 2023, may be redeemed prior to their respective maturities on or after December 1, 2022, at the option of the Authority, at the B-3 4820-6324-5583.3 direction of the City, in whole or in part at any time at a redemption price of 100% of the principal amount, or portion thereof, of Bonds to be redeemed plus interest accrued to the redemption date. If less than all the Bonds are called for redemption, they shall be redeemed from maturities in such order as determined by the Authority. If less than all of the bonds of any maturity are called for redemption, the Bonds to be redeemed shall be selected by DTC or any successor securities depository pursuant to its rules and procedures or, if the book -entry system is discontinued, shall be selected by the Trustee by lot in such manner as the Trustee in its discretion may determine. The portion of any Bond to be redeemed shall be in the principal amount of $5,000 or some integral multiple thereof. In selecting Bonds for redemption, each Bond shall be considered as representing that number of Bonds which is obtained by dividing the principal amount of such Bond by $5,000. If any of the Bonds or portions thereof are called for redemption, the Trustee shall send notice of the call for redemption, identifying the Bonds or portions thereof to be redeemed, not less than 30 nor more than 60 days prior to the redemption date, by facsimile or electronic transmission, registered or certified mail or overnight express delivery, to the registered owner of the Bonds. Such notice may state that (1) it is conditioned upon the deposit of moneys, in an amount equal to the amount necessary to effect the redemption, with the Trustee no later that the redemption date or (2) the Authority retains the right to rescind such notice on or prior to the scheduled redemption date, and such notice and option redemption shall be of no effect if such moneys are not so deposited or if the notice is rescinded. Provided funds for their redemption are on deposit at the place of payment on the redemption date, all Bonds or portions thereof so called for redemption shall cease to bear interest on such date, shall no longer be secured by the Agreement of Trust and shall not be deemed to be Outstanding under the provisions of the Agreement of Trust. If a portion of the Bond shall be called for redemption, a new Bond in principal amount equal to the unredeemed portion hereof will be issued to DTC or its nominee upon surrender hereof, or if the book -entry system is discontinued, to the registered owners of the Bonds. The registered owner of this Bond shall have no right to enforce the provisions of the Agreement of Trust or to institute action to enforce the covenants therein or to take any action with respect to any Event of Default under the Agreement of Trust or to institute, appear in or defend any suit or other proceedings with respect thereto, except as provided in the Agreement of Trust. Modifications or alterations of the Agreement of Trust or the Support Agreement, or of any supplement thereto, may be made only to the extent and in the circumstances permitted by the Agreement of Trust. The Bonds are issuable as registered bonds in the denomination of $5,000 and integral multiples thereof. Upon surrender for transfer or exchange of this Bond at the corporate trust office of the Trustee in Richmond, Virginia, together with an assignment duly executed by the registered owner or its duly authorized attorney or legal representative in such form as shall be satisfactory to the Trustee, the Authority shall execute, and the Trustee shall authenticate and deliver in exchange, a new Bond or Bonds in the manner and subject to the limitations and conditions provided in the Agreement of Trust, having an equal aggregate principal amount, in B-4 4820-6324-5583.3 authorized denominations, of the same series, form and maturity, bearing interest at the same rate and registered in the name or names as requested by the then registered owner hereof or its duly authorized attorney or legal representative. Any such exchange shall be at the expense of the Authority, except that the Trustee may charge the person requesting such exchange the amount of any tax or other governmental charge required to be paid with respect thereto. The Trustee shall treat the registered owner as the person exclusively entitled to payment of principal and interest and the exercise of all other rights and powers of the owner, except that interest payments shall be made to the person shown as holder on the first day of the month of each interest payment date. All acts conditions and things required to happen, exist or be performed precedent to and in the issuance of this bond have happened, exist and have been performed. This Bond shall not become obligatory for any purpose or be entitled to any security or benefit under the Agreement of Trust or be valid until the Trustee shall have executed the Certificate of Authentication appearing hereon and inserted the date of authentication hereon. IN WITNESS WHEREOF, the City of Virginia Beach Development Authority has caused this Bond to be signed by its Chairman, its seal to be imprinted hereon and attested by its Secretary, and this Bond to be dated the date first above written. (SEAL) CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY Chairman Attest: Secretary B-5 4820-6324-5583.3 CERTIFICATE OF AUTHENTICATION Date Authenticated: June , 2012 This Bond is one of the Series 2012B Bonds described in the within mentioned Agreement of Trust. U.S. BANK NATIONAL ASSOCIATION, as Trustee :: 4820-6324-5583.3 Authorized Officer ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sell(s), assign(s) and transfer(s) unto (please print or typewrite name and address, including zip code, of Transferee) PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF TRANSFEREE The within Bond and all rights thereunder, hereby irrevocably constituting and appointing , Attorney, to transfer said Bond on the books kept for the registration thereof, with full power of substitution in the premises. Date: Signature Guaranteed NOTICE: Signature(s) must be guaranteed by an Eligible Guarantor Institution such as a Commercial Bank, Trust Company, Securities Broker/Dealer, Credit Union, or Savings Association who is a member of a medallion program approved by The Securities Transfer Association, Inc. B-7 4820-6324-5583.3 (Signature of Registered Owner) NOTICE: The signature above must correspond with the name of the registered owner as it appears on the front of this bond in every particular, without alteration or enlargement or any change whatsoever. Preliminary, subject to change. C-1 4820-6324-5583.3 EXHIBIT C CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY SUMMARY OF REFUNDED PRIOR BONDS Maturity CUSIP Interest Par Call Call Bonds Date Number Rate Amount Date Price Lease Revenue Bonds, 12/1/2012 92774G 4.75% $ 575,000 7/23/2012 100% (Soc. Service) Series 12/1/2013 92774G 4.80 605,000 7/23/2012 100 1998 12/1/2014 92774G 4.80 635,000 7/23/2012 100 12/1/2015 92774G 5.00 670,000 7/23/2012 100 12/1/2017 92774G 5.00 1,445,000 7/23/2012 100 $3,930,000 Public Facility Revenue 12/1/2022 92774G 5.00% $12,285,000 12/1/2013 100% Bonds, Series 2003A 12/1/2023 92774G 4.75 12,910,000 12/1/2013 100 $25,195,000 Preliminary, subject to change. C-1 4820-6324-5583.3 K. PLANNING Application of CHESTER DAVIS and CHRISTINE W. RUDOLF for the closure of a portion of an unimproved, unnamed alley adjacent to Lot 19, Block 13, 805 Vanderbilt Avenue, Croatan Beach DISTRICT 6 - BEACH RECOMMENDATION APPROVAL 2. Application of SCOTT OVERTON for a Conditional Use Permit re a home occupation (firearm sales) at 2325 Litchfield Way DISTRICT 7 - PRINCESS ANNE STAFF'S RECOMMENDATION APPROVAL PLANNING COMMISSION RECOMMENDATION DENIAL 3. Application of NCC DEVELOPMENT, LLC/FULTON BANK for a Conditional Use Permit re a car wash/auto repair at 1525 General Booth DISTRICT 6 — BEACH RECOMMENDATION APPROVAL 4. Application of BURNETTE DEVELOPMENT, LLC/ABCS INVESTMENT GROUP, LLC for a Conditional Use Permit re a mini-warehouse/self storage at 965 South Oriole Drive DISTRICT 6 — BEACH RECOMMENDATION APPROVAL Application of POINT TO POINT/DIAMOND SPRINGS SHOPPES ASSOCIATES, LLC for a Conditional Use Permit re truck rentals at 1270 Diamond Springs Road DISTRICT 2 — KEMPSVILLE RECOMMENDATION APPROVAL 6. Application of CHRISTY DEVORE-HOLLAND for a Modification of Conditions attached to a Conditional Use Permit (approved by City Council on October 17, 1969) re a mobile home park at 1217 Hawk Avenue DISTRICT 3 — ROSE HALL RECOMMENDATION APPROVAL 7. Application of HOME ASSOCIATES OF VIRGINIA, INC. for a Modification of a Conditional Change of Zoning [Proffer No. 3] (approved by City Council on June 13, 2006) at Princess Anne Road and 2117 Locksley Arch DISTRICT 7 — PRINCESS ANNE TION OVAL A� NT J ss �1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance Approving Application of Chester Davis Rudolf, IV and Christine Warren Rudolf for the closure of a portion of the unimproved, unnamed alley adjacent to Lot 19, Block 13, 805 Vanderbilt Avenue in Croatan. DISTRICT 6 - BEACH MEETING DATE: May 22, 2012 ■ Background: Chester Davis Rudolf, IV and Christine Warren Rudolf (the "Applicant") request the discontinuance, closure and abandonment of a 7.5 foot wide portion of an unimproved alley adjacent to their property at 805 Vanderbilt Avenue for the purpose of incorporating this area into their existing single-family residential lot. This application was generated by a complaint to the Current Planning and Zoning Division, Department of Planning. Upon investigation, it was determined that the applicant had placed structures within the City's right-of-way the "Subject Alley". The Applicant was issued a Notice of Violation, and submitted this application to address the violation. The subject structures include a hot tub and outdoor bar area. The Zoning Inspector also determined that the structures do not meet setback requirements. The required setbacks are ten feet along the side property line and ten feet along the rear yard property line. If this application is approved, the Applicant will be required to apply for setback variances to the Board of Zoning Appeals once the Street Closure Ordinance and resubdivision plat have been recorded. If this application is not approved or the setback variances are not approved, the Applicant will be required to remove the structures from the setback areas. ■ Considerations: The City Council has a policy aimed at disposing of unimproved rights-of-way to adjoining property owners in the Croatan community. All funds generated from such closures are directed to a Croatan Beach Access account and ultimately the funds collected are to be used by the City to purchase additional public accesses to the beach in the Croatan area. There have been numerous street closure requests, similar to this request, which have been granted to homeowners within the Croatan community. Owners of adjacent lots to the west and south have been granted closure of the portion of the alley adjacent to their lots, and have incorporated the closed area into their lots. In the specific case of this request, however, there are structures located in the area to be closed. Should the City Council approve the requested closure of this portion of the alley, the Applicant must either move the structures to meet the required rear yard setback or must seek and obtain a variance for the setback from the Board of Zoning Appeals. Chester Davis Rudolf, IV and Christine Warren Rudolf Page 2 of 3 The Viewers have determined closure and abandonment of a portion of the unimproved alley will not result in a public inconvenience; therefore, they recommend closure of the right-of-way. The Planning Commission placed this item on the consent agenda because the closure will not result in public inconvenience, the request is consistent with the City Council's policy to dispose of undeveloped alleys in the Croatan community, and there was no opposition to the request. ■ Recommendations: The Planning Commission passed a motion by a recorded vote of 9-0 to approve this request with the following conditions: The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 2. The Applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcel. The resubdivision plat must be submitted and approved for recordation prior to final street closure approval. Said plat must include the dedication of a drainage easement over the closed portion of the alley to the City of Virginia Beach, subject to the approval of the Department of Public Works and the City Attorney's office, which easement shall include a right of reasonable ingress and egress. 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, the Applicant shall provide easements satisfactory to the utility companies. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within one (1) year of approval by City Council. If all conditions noted above are not in compliance and the final plat is not approved within one (1) year of the City Council vote to close the street, this approval shall be considered null and void. 5. Once the Street Closure Ordinance and resubdivision plat have been recorded, the Applicant shall either (a) remove all accessory structures from within the yard setback area or (b) make application to and obtain from the Board of Zoning Appeals a variance to the setback requirement for the structures, for setback variances to the Board of Zoning Appeals. Chester Davis Rudolf, IV and Christine Warren Rudolf Page 3 of 3 ■ Attachments: Staff Review Disclosure Statement Planning Commission Minutes Location Map Ordinance Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: ~V BEACH Man M-1 W R3l Chester Davis & Christine Rudolf RjR10 t a p—" R10 11 Celt R10 k f-- �. R10 R* R10 Street Closure - unimproved alley behind 805 Vanderbilt Ave eastern halt of Alley 8 April 11, 2012 Public Hearing APPLICANT: CHESTER D"IS & CHRISTINE W. RUDOLF STAFF PLANNER: Ray Odom REQUEST: Discontinuance, closure and abandonment of a portion of an alley located adjacent to 805 Vanderbilt Avenue, Lot 19, Block 13, Plat of Croatan Beach (eastern half of alley). ADDRESS / DESCRIPTION: Property located at 805 Vanderbilt Avenue. GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 2426-37-6815-0000 BEACH 375 square feet 65 to 70 dB DNL Sub -Area 2 SUMMARY OF REQUEST The applicant requests the closure, discontinuance and abandonment of a 7.5 -foot wide portion of an unimproved alley for the purpose of incorporating the right-of-way into their adjoining single-family residential lot. This application was generated by a complaint to the Current Planning and Zoning Division. Upon investigation, it was determined that the applicants had placed structures within the City's right-of-way (the subject alley). The applicants were issued a Notice of Violation, and submitted this application to address the violation. The subject structures include a hot tub and outdoor bar area. The Zoning Inspector also determined that the structures do not meet setback requirements. The required setbacks are ten feet along the side property line and ten feet along the rear yard property line. If this application is approved, the applicants will be required to apply for setback variances to the Board of Zoning Appeals once the Street Closure Ordinance and resubdivision plat have been recorded. If this application is not approved or the setback variances are not approved, the applicants will be required to remove the structures from the setback areas. An adjoining parcel was also cited for having similar structures that do not meet setback requirements. CHESTER DAVIS & CHRISTINE W. RUDOLF Agenda Item 8 Page 1 LAND USE AND ZONING INFORMATION EXISTING LAND USE: 7.5 foot portion of City right-of-way (alley) currently occupied by private structures. SURROUNDING LAND North: • Single-family dwelling/ R-10 Residential District USE AND ZONING: South: . Single-family dwelling/ R-10 Residential District East: • Single-family dwelling / R-10 Residential District West: • Single-family dwelling / R-10 Residential District NATURAL RESOURCE AND CULTURAL FEATURES: There are no known cultural or natural features associated with this site. IMPACT ON CITY SERVICES PUBLIC WORKS: There are 12 -inch and eight inch pipe systems and several collection basins within the right-of-way that provide stormwater relief to the rear of several of the lots along this alley. Therefore, a public drainage easement is required over the portion of the right-of-way to be closed. This is consistent with the adjoining street closures concerning this alley. WATER AND SEWER: There are no water and sewer facilities within the subject right-of-way. PUBLIC SAFETY: Police: No issues Fire and Rescue: No issues PRIVATE UTILITIES: Preliminary comments from the private utility companies indicate there are no private utilities within the subject right-of-way. EVALUATION AND RECOMMENDATION This is a simple request to close a 7.5 foot wide portion of an undeveloped alley that runs north and south along the entire block. There have been numerous street closure requests, similar to this request, which have been granted to homeowners within the Croatan community. Adjacent lots to the west and south have been granted a closure of the subject alley and have incorporated the area into their lots. Although, CHESTER DAVIS & CHRISTINE W. RUDOLF Agenda Item 8 Page 2 there are some issues concerning structures that have been placed in the area to be closed these issues do not directly impact the street closure request. The Viewers (comprised of staff members to review proposed street closures) evaluated this request and determined that there is no current or future need for this right-of-way. Closure of this right-of-way will not result in any public inconvenience. Therefore, the Viewers have no objection to the closure. The proposed street closure is recommended for approval with the conditions below. CONDITIONS 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcel. The resubdivision plat must be submitted and approved for recordation prior to final street closure approval. Said plat must include the dedication of a drainage easement over the closed portion of the alley to the City of Virginia Beach, subject to the approval of the Department of Public Works and the City Attorney's office, which easement shall include a right of reasonable ingress and egress. 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. 5. The applicants are required to apply for setback variances to the Board of Zoning Appeals once the Street Closure Ordinance and resubdivision plat has been recorded. If the setback variances are not approved the applicants will be required to remove the structures from within the setback areas. 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. CHESTER DAVIS & CHRISTINE W. RUDOLF Agenda Item 8 Page 3 S. Maryland ve , /a �. � Q D,f � rt � it I tHIS PROPERTY APPEARS TO FALL WITHIN ZONE 'X' AS SHOWN ON NATIONAL FLOOD INSURANCE RATE MAP. COMMUNITY NUMBER 515531. PANEL NUMBER 0124 F, VIRGINIA BEACH. VIRGINIA DATED MAY 4, 2008. 2. MERIDIAN SOURCE BASED ON THE VIRGINIA S7A7E PLANE COORDINATE SYSTEM, SOUTH ZONE. NAD 1983/1903 f ,Mhl . COORDINATE VAL UES SHOWN ARE EXPRESSED IN U.S. SURVEY PRET. THE CITY OF VIRGINIA BEACH CONTROL REFERENCE POINT USED TO ES ABUSH THE COORDINATE VALUES SHOWN HEREON IS -STATION 2421=2' 3 THIS SITE UES WITHIN AIRCRAFT ACCIDENT POTENTIAL -NA' AND A OR NOISE ZONE(8) '85 70 do LdW AND MAY BE SUBJECT TO NRCRAR ACCIDENTS AND ABOVE AVERAGE NOISE LEVELS DUE TO ITS PROKIMIrY TO AIRPORT OPERATIONS. NOWE ATTENUATION MEASURES FOR NEW CONSTRUCTION MAY BE REQUIRED IN ACCORDANCE WITH THE AIRPORT NOISE ATTENUATION AND SAFETY ORDINANCE AND HEIGHT RESTRICTIONS HAVE BEEN IMP05E0IN ACCORDANCE WITH SECT ON 202(9) OF THE CITY ZONING ORDINANCE. WHER DEVELOPMENT OF THESE LOTS INCLUDINO ANY FILING OR PHYSICAL ALTERATIONS OF IHE LOTS MAY REQUIRE ADDITIONAL PERMITS HE CITY OF VIRGINIA BEACH OR OTHER GOVERNMENT AGENCIES. 6. THE GTY OF VIRGINIA BEACH IS NOT REOUIRED BY LAW TO MAINTAIN THF PU@LIC EASEMENT DEDICATED HEREIN EXCEPT TO THE EXTENT SAID EASEMENT IS CURRENTLY BEING UTILIZED FOR PUBLIC PURPOSES e. PROPERTY IS CURRENTLY ZONED 'R-10'. /. THIS RESUBO%VISION PLAT WAS PREPARED W ACCORDANCE WITH SECTION 6.3 Or THE SUBDIVISION REWLATIONS OF THE CITY OF VIRGINIA BEACH 5, CIT' COUNCIL APPROVED THE CLOSURE OF A PORTION OF THE ADJOINING 15 FOOT AL4 EY ON --- _ ___ , BY ORDINANCE M LOT 8LOT 9A LOT 1OA CROATAN EEACH RESUBDNIBION OF LOT 9 RESUBDNISIpN OF LOT 10 (M.B. 24. PO, 37) AND CLOSED PORTION OF AND CL93ED PORTION OF WF 18' ALLEY, BLOCK 13 1S' ALLEY, BLOCK 13 JAMES F. SKAABEK III CROATAN BEACH GROATAN BEACH b CAROL BKARBEK (INSTR. 0 2009M29000456480) (INSTR. E 20000811001078520) (IN". 820040100090218) G%N: 242&37-5708 WP JOHNg71NAN JAMES WITTE I WP ROY T. TEPPER, JR. Qo QM J. M. 091pMry 6 WENDY B. WITTE b KIMBERLY W. TEPPER SUBDIVISION: 5.375 SO.FT. ORO. 123 ACRE (INSTR M 20081008W11B9S70) OwN a428.3T.AAna (INSTR.82(ID70925W1209250) GPIN. 242637-4808 REMAINDER OF 15'ALLEr (UND€VEIAPED) (MA 24. PO. 77I I IV PUBLIC DRAINAGE EASEMENT (INSTR. 820050307003498) N t2'1T41'W 50.00' 1 PROPERTY LINE TO BE VACATED 0 Si N 34ryry78309S12'1T41-E S0A0 ryq346/879.711 E m p �.1Ap N�� z p 4� J @ d s LOT 19 PIM P.P1u06 BY: 314 SHERWOOD DRIVE GPIN 242637-6415 d w TollnloxF41—11% ++++r+_4mRR+bnwm� REMAINDER Oi `15 ALLEY ((UUNDEVELOPED) (MB.24. P0. 37) o�R�a M B. 24, PG 37 C VA STA7B Mgp,M �2jf 8 L pgrLnnD nvE. N 34ryry78309S12'1T41-E S0A0 ryq346/879.711 rWLAL TN Oe E 128238, 12;5E @ 12223839.309 p �.1Ap VANDERBILT AVENUE (50' RIM p 4� (MAP BOOK 24, PG. 37) PROFESS.ONAL LAND SURVEYOR PIM P.P1u06 BY: 314 SHERWOOD DRIVE R.M P. JaAei, P.L.S. SUFFOLK VIRGINIA 23434 314 Slwrwoq oINA SV4Pr.V bw 23434 TollnloxF41—11% ++++r+_4mRR+bnwm� ps7) eob�i6T JOB: 12012517 1 RHPFT 1 OF In M wli� Qo QM J. M. 091pMry TOTAL AREA ENCOMPASSED WITHIN THIS CPnHnrtroSAL ym SUBDIVISION: 5.375 SO.FT. ORO. 123 ACRE (787) ADIF"44 li 5 VICINITY MAP LEGEND ---� — DENOTES PIN FOUND DENOTES PIN SET -- -- DENOTES DRILL HOLE FOUND DENOTES 375 SO.FT. OF ALLEY TO BE CLOSED STREET CLOSURE EXHIBIT OF LOT 19, BLOCK 13 AND PORTION OF 15' ALLEY TO BE CLOSED CROATAN BEACH (M.B. 24, PG. 37) VIRGINIA BEACH, VIRGINIA STREET CLOSURE EXHIBIT CHESTER DAVIS & CHRISTINE W. RUDOLF Agenda Item 8 Page 5 rWLAL TN Oe ,AAnw ecuF p �.1Ap DATE.3.282012 I SCALE. 1'.20 p 4� RICKS PALMER JONES PROFESS.ONAL LAND SURVEYOR FLICKS FAIRER JOKE 314 SHERWOOD DRIVE 03 UC.NO. 33 SUFFOLK VIRGINIA 23434 TollnloxF41—11% ++++r+_4mRR+bnwm� '�O SURIE'I JOB: 12012517 1 RHPFT 1 OF STREET CLOSURE EXHIBIT CHESTER DAVIS & CHRISTINE W. RUDOLF Agenda Item 8 Page 5 BEACH Ala p Al -6 q-.IICSLCf "a 1s M `1L1111 INMIC ]MUUVII r,1:, f,1ot t� scale R � a / Z C t "Zanln(l with Open Street Closure - unimproved alley behind 805 Vanderbilt Ave pace PMmorlott or FIM -2 Over4ys eastern half of AUey ZONING HISTORY # DATE REQUEST ACTION 1 05/22/2007 Street Closure aIle Approved 2 05/27/2008 Street Closure (alley)A roved 3 02/22/2011 Street Closure aIle Approved 4 10/26/2004 Street Closure (aIle) Approved 5 02/27/2007 Street Closure (alley) Approved CHESTER DAVIS & CHRISTINE W. RUDOLF Agenda Item 8 Page 6 EMN14 w 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) Chester Davis Rudolf & Christine W. Rudolf 2. List all businesses that have a parent -subsidiary' or affiliated business entity, 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) O Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & 2 See next page for footnotes Street Cbsure Application Page 12 of Q Revised 911 aOO4 DISCLOSURE STATEMENT CHESTER DAVIS & CHRISTINE W. RUDOLF Agenda Item 8 Page 7 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, Ahem & Levy, P.C. Ricks Palmer Jones, Professional Land Surveyor 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 sc eduled public hearingaccordingto the instructions in this package. �cnU c Chester Davis Rudolf p lice rone 's CTi at Print Name u Di UIC4-- Christine W. Rudolf App nt/ rbpgrty Owner's Signa&ifi Print Name Street Clown APPlkatlon Page 13 of 13 Ravlaad 9/112004 DISCLOSURE STATEMENT CHESTER DAVIS & CHRISTINE W. RUDOLF Agenda Item 8 Page 8 Item #8 Chester Davis & Christine W. Rudolf Discontinuance, closure and abandonment of the eastern half of Unimproved alley behind 805 Vanderbilt Avenue, Lot 19, Block 13 Croatan Beach District 6 Beach April 11, 2012 CONSENT An application of Chester David & Christine W. Rudolf for a discontinuance, closure and abandonment of a portion of an alley located adjacent to 805 Vanderbilt Avenue, Lot 19, Block 13, Plat of Croatan Beach (eastern half of alley), District 6, Beach. GPIN: 2426-37-6815-0000. 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. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcel. The resubdivision plat must be submitted and approved for recordation prior to final street closure approval. Said plat must include the dedication of a drainage easement over the closed portion of the alley to the City of Virginia Beach, subject to the approval of the Department of Public Works and the City Attorney's office, which easement shall include a right of reasonable ingress and egress. 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. 5. The applicants are required to apply for setback variances to the Board of Zoning Appeals once the Street Closure Ordinance and resubdivision plat has been recorded. If the setback variances are not approved the applicants will be required to remove the structures from within the setback areas. Item #8 Chester Davis & Christine W. Rudolf Page 2 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. By a vote of 9-0, the Commission approved item 8 by consent. Eddie Bourdon spoke 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 8 by consent. Eddie Bourdon spoke on behalf of the applicant. There was no opposition. 1 ORDINANCE APPROVING APPLICATION OF 2 CHESTER DAVIS RUDOLF, IV AND CHRISTINE 3 WARREN RUDOLF FOR THE CLOSURE OF A 4 PORTION OF THE UNIMPROVED, UNNAMED 5 ALLEY ADJACENT TO LOT 19, BLOCK 13, 805 6 VANDERBILT AVENUE IN CROATAN 7 8 WHEREAS, Chester Davis Rudolf, IV and Christine Warren Rudolf (the 9 "Applicant") applied to the Council of the City of Virginia Beach, Virginia, to have the 10 hereinafter described alley discontinued, closed, and vacated; and 11 12 WHEREAS, it is the judgment of the Council that said alley be 13 discontinued, closed, and vacated, subject to certain conditions having been met on or 14 before one (1) year from City Council's adoption of this Ordinance; 15 16 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of 17 Virginia Beach, Virginia: 18 19 SECTION 1 20 21 That the hereinafter described alley be discontinued, closed and vacated, 22 subject to certain conditions being met on or before one (1) year from City Council's 23 adoption of this ordinance: 24 25 All that certain piece or parcel of land situate, lying and being 26 in the City of Virginia Beach, Virginia, designated and 27 described as the 7.50' X 50.00' portion of the shaded area, 28 described as "Denotes 375 sq. ft. Of Alley To Be Closed", 29 adjacent to Lot 19, in Block 13, Croatan Beach, said lot also 30 identified as "LOT 19", as shown on that certain plat entitled: 31 "STREET CLOSURE EXHIBIT OF LOT 19, BLOCK 13 AND 32 PORTION OF 15' ALLEY TO BE CLOSED CROATAN 33 BEACH (M.B. 24, PG. 37) VIRGINIA BEACH, VIRGINIA" 34 Scale: 1" = 20', dated MARCH 28, 2012, prepared by Ricks 35 Palmer Jones Professional Land Surveyor, a copy of which 36 is attached hereto as Exhibit A. 37 38 39 40 41 42 43 44 GPIN:2426-37-6815-0000 1 45 SECTION II 46 47 The following conditions must be met on or before one (1) year from City 48 Council's adoption of this ordinance: 49 50 1. The City Attorney's Office will make the final determination regarding 51 ownership of the underlying fee. The purchase price to be paid to the City shall be 52 determined according to the "Policy Regarding Purchase of City's Interest in Streets 53 Pursuant to Street Closures," approved by City Council. Copies of said policy are 54 available in the Planning Department. 55 56 2. The applicant shall resubdivide the property and vacate internal lot 57 lines to incorporate the closed area into the adjoining parcel. The resubdivision plat 58 must be submitted and approved for recordation prior to final street closure approval. 59 Said plat must include the dedication of a drainage easement over the closed portion of 60 the alley to the City of Virginia Beach, subject to the approval of the Department of 61 Public Works and the City Attorney's office, which easement shall include a right of 62 reasonable ingress and egress. 63 64 3. The applicant shall verify that no private utilities exist within the right -of - 65 way proposed for closure. Preliminary comments from the utility companies indicate 66 that there are no private utilities within the right-of-way proposed for closure. If private 67 utilities do exist, the applicant shall provide easements satisfactory to the utility 68 companies. 69 70 4. Closure of the right-of-way shall be contingent upon compliance with 71 the above stated conditions within one (1) year of approval by City Council. If all 72 conditions noted above are not in compliance and the final plat is not approved within 73 one (1) year of the City Council vote to close the street, this approval will be considered 74 null and void. 75 76 5. Once the Street Closure Ordinance and resubdivision plat have been 77 recorded, the applicants shall either (a) remove all accessory structures from within the 78 yard setback area or (b) make application to and obtain from the Board of Zoning 79 Appeals a variance to the setback requirement for the structures, for setback variances 80 to the Board of Zoning Appeals. 81 82 SECTION III 83 84 1. If the preceding conditions are not fulfilled on or before May 21, 2013, 85 this Ordinance will be deemed null and void without further action by the City Council. 86 87 2. If all conditions are met on or before May 21, 2013, the date of final 88 closure is the date the street closure ordinance is recorded by the City Attorney. 2 89 90 3. In the event the City of Virginia Beach has any interest in the 91 underlying fee, the City Manager or his designee is authorized to execute whatever 92 documents, if any, that may be requested to convey such interest, provided said 93 documents are approved by the City Attorney's Office. 94 95 SECTION IV 96 97 A certified copy of this Ordinance shall be filed in the Clerk's Office of the 98 Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY 99 OF VIRGINIA BEACH as "Grantor" and CHESTER DAVIS RUDOLF, IV and 100 CHRISTINE WARREN RUDOLF, as "Grantee." 101 102 Adopted by the Council of the City of Virginia Beach, Virginia, on this 103 day of , 2012. CA 12144 R-1 May 2, 2012 3 APPROVED AS TO CONTENT: 19 ent APPROVED AS TO LEGAL SUFFICIENCY: City Attorney JA vc AVE. 6 g LT gURfg VE > u I EXHGIBIT "A" f 8896-LC-SZYZ''NIdO (YL9"WO60980Z M'NISNI) VAOWUIVd VNINI AN (LE'Od w'9'W) HOV39 NV1VONO Oz 101 w W 0, LU 5 W w � � X a� W tls Z 0�95'LCZ I ' (0084000LOCM01i00Z # 141'MISNI) (Y09'Dd'Y994'S'0) 9WkfVH 1 3116w 1911jWH'd A1d003me WN (LSSLOOOW0900Z U&SNO HOV39 NVIVO O EL NOO19'A311V S9 dO NOIIMOd 039010 ONV Sl 101 dO NOISIAI0W93tl Vel 101 �a = � �) N OR P Q Zq PH NN 3 �F a� C 4 ^ O f 8896-LC-SZYZ''NIdO (YL9"WO60980Z M'NISNI) VAOWUIVd VNINI AN (LE'Od w'9'W) HOV39 NV1VONO Oz 101 w W 0, LU 5 W w � � X a� W tls Z 0�95'LCZ I ' (0084000LOCM01i00Z # 141'MISNI) (Y09'Dd'Y994'S'0) 9WkfVH 1 3116w 1911jWH'd A1d003me WN (LSSLOOOW0900Z U&SNO HOV39 NVIVO O EL NOO19'A311V S9 dO NOIIMOd 039010 ONV Sl 101 dO NOISIAI0W93tl Vel 101 �a r � u ' O,�,MU" NEICy'7 `t�LtKv y J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: SCOTT OVERTON, Conditional Use Permit, home occupation (firearm sales), 2325 Litchfield Way (GPIN 2404058740). PRINCESS ANNE DISTRICT. MEETING DATE: May 22, 2012 ■ Background: The applicant requests a Conditional Use Permit to conduct online firearm sales from his home. The applicant will be the sole employee, and will sell firearms and accessories, including handguns, rifles, shotguns, holsters, cases, ammunition, and clay targets. To conduct this online business, the applicant is required to obtain this Use Permit, as well as a Federal Firearms License (FFL) through the Bureau of Alcohol, Tobacco, Firearm, and Explosives (ATF). The ATF will not issue a FFL until a Use Permit is approved. Once the applicant has obtained all of the required approvals and the FFL, the applicant will be allowed to proceed with the online business. ■ Considerations: The firearms will be sold via the Internet and through business relationships. The applicant will conduct online transactions related to the business from 8:00 a.m. to 5:00 p.m. each day of the week. The applicant anticipates three to twelve firearm sales each year, and the applicant envisions that majority of the sales will be firearm accessories, such as scopes, holsters, hand grips, and other sporting good accessories. The applicant's principal client base is Department of Defense, Federal, State and Local law enforcement agencies. For further explanation of the applicant's business and the reason for this Use Permit request, please see page 9 of the staff report. The applicant will not be able to obtain a FFL from the ATF if the business consists strictly of Internet sales. According to ATF representatives, a FFL cannot be issued to an applicant unless the premises are open to the public. It is, however, important that the general health, safety, and welfare of the surrounding community be protected. To further ensure that is the case, staff is recommending a condition requiring the applicant to comply with all State and Federal requirements regarding firearms. If the applicant is unable to secure a FFL, he will not be able to conduct the online business as proposed. The FFL approval process will occur after the applicant has obtained a decision through City Council. Scott Overton Page 2of3 The process for the sale and delivery of the firearms and related accessories will consist of the following: 1. Receipt of an order via the Internet. All sales will be in strict compliance with mandatory background checks made through the National Instant Criminal Background Check System; 2. Purchase of items from a wholesaler or manufacturer who deals strictly with federally licensed dealers; 3. Delivery of the product at the applicant's home (the firearms will be secured in accordance with ATF regulations). In general, no firearm being sold will be on the property longer than fourteen days; and 4. Delivery of the firearm to the customer by sending the firearm to a federally licensed firearm dealer that is located in the city or county where the purchaser lives, or in the case of sales to Federal, State and Local law enforcement agencies, the firearms will most likely be personally delivered by the applicant due to logistical or contractual obligations. The proposed home occupation is consistent with the Comprehensive Plan's goal of protecting the predominately suburban character of this community. From the exterior of the house, business activity associated with the proposed home occupation will be virtually undetectable. The character of the neighborhood will not change since there will be no activity on the site beyond that common to the neighborhood and there is no new construction proposed. Zoning Ordinance standards for home occupations and the conditions below will ensure that the business is conducted such that it has no greater impact on the community than the existing single-family dwelling. Approval is recommended with the following conditions. There was opposition to the request at the Planning Commission public hearing and via correspondence. ■ Recommendations: The Planning Commission, passing a motion by a recorded vote of 9-0, recommends denial of this request to the City Council. Staff recommended approval with the following conditions: 1. The applicant shall obtain all necessary Permits and Inspections from the Planning Department / Permits and Inspections and from the Fire Department. The applicant shall obtain a Certificate of Occupancy for this use from the Building Official. 2. The applicant shall comply with all State and Federal regulations pertaining to firearms. 3. There shall be no employees for this home occupation. Scott Overton Page 3of3 4. Not more than 20 percent of the floor area of the dwelling unit and any accessory structures shall be used in the conduct of activity associated with the home occupation. 5. There shall be no sign identifying the business on the exterior of any building located on the property or within the yard of the property. 6. Delivery of firearms to the property shall be secured by only the applicant's signature. ■ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends denial. Submitting Department/Agency: Planning Department City Manage . S 1F- C)�L�-- Pa Ne roeANNE nl. 'i-�z _+- ANNE •Z°"�'*""1i LidMon'°"*"Open CUP for Home Occupation(Firearm Sales) jnxe Peorwim or PDH•T a+NYn 6 APRIL 11, 2012 Public Hearing APPLICANT / PROPERTY OWNER: SCOTT OVERTON STAFF PLANNER: Leslie Bonilla REQUEST: Conditional Use Permit (Home Occupation — Online Firearm Sales) ADDRESS / DESCRIPTION: 2325 Litchfield Way GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 24040587400000 PRINCESS ANNE 13,129 square feet 65 to 70 dB DNL Sub Area 2 The applicant requests a Conditional Use Permit to conduct SUMMARY OF REQUEST online firearm sales from his home. The applicant will be the sole employee, and will sell firearms and accessories, including handguns, rifles, shotguns, holsters, cases, ammunition, and clay targets. The firearms will be sold via the Internet and through business relationships. The applicant will conduct online transactions related to the business from 8:00 a.m. to 5:00 p.m. each day of the week. The applicant anticipates three to twelve firearm sales each year, and the applicant envisions that majority of the sales will be firearm accessories, such as scopes, holsters, hand grips, and other sporting good accessories. The applicant's principal client base is Department of Defense, Federal, State and Local law enforcement agencies. For further explanation of the applicant's business and the reason for this Use Permit request, please see page 9. To conduct this online business, the applicant is required to obtain this Use Permit, as well as a Federal Firearms License (FFL) through the Bureau of Alcohol, Tobacco, Firearm, and Explosives (ATF). Once the applicant has obtained all of the required approvals and the FFL, the applicant will be allowed to proceed with the online business. The process for the sale and delivery of the firearms and related accessories will consist of the following: 1. Receipt of an order via the Internet. All sales will be in strict compliance with mandatory background checks made through the National Instant Criminal Background Check System; SCOTT OVERTON Agenda Item 6 Page 1 Scott Overton .Sith ea 2 RAS* �}/ 5 AGI r-� R10* RT,:' I R20 •Z°"�'*""1i LidMon'°"*"Open CUP for Home Occupation(Firearm Sales) jnxe Peorwim or PDH•T a+NYn 6 APRIL 11, 2012 Public Hearing APPLICANT / PROPERTY OWNER: SCOTT OVERTON STAFF PLANNER: Leslie Bonilla REQUEST: Conditional Use Permit (Home Occupation — Online Firearm Sales) ADDRESS / DESCRIPTION: 2325 Litchfield Way GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 24040587400000 PRINCESS ANNE 13,129 square feet 65 to 70 dB DNL Sub Area 2 The applicant requests a Conditional Use Permit to conduct SUMMARY OF REQUEST online firearm sales from his home. The applicant will be the sole employee, and will sell firearms and accessories, including handguns, rifles, shotguns, holsters, cases, ammunition, and clay targets. The firearms will be sold via the Internet and through business relationships. The applicant will conduct online transactions related to the business from 8:00 a.m. to 5:00 p.m. each day of the week. The applicant anticipates three to twelve firearm sales each year, and the applicant envisions that majority of the sales will be firearm accessories, such as scopes, holsters, hand grips, and other sporting good accessories. The applicant's principal client base is Department of Defense, Federal, State and Local law enforcement agencies. For further explanation of the applicant's business and the reason for this Use Permit request, please see page 9. To conduct this online business, the applicant is required to obtain this Use Permit, as well as a Federal Firearms License (FFL) through the Bureau of Alcohol, Tobacco, Firearm, and Explosives (ATF). Once the applicant has obtained all of the required approvals and the FFL, the applicant will be allowed to proceed with the online business. The process for the sale and delivery of the firearms and related accessories will consist of the following: 1. Receipt of an order via the Internet. All sales will be in strict compliance with mandatory background checks made through the National Instant Criminal Background Check System; SCOTT OVERTON Agenda Item 6 Page 1 2. Purchase of items from a wholesaler or manufacturer who deals strictly with federally licensed dealers; 3. Delivery of the product at the applicant's home (the firearms will be secured in accordance with ATF regulations). In general, no firearm being sold will be on the property longer than fourteen days; and 4. Delivery of the firearm to the customer by sending the firearm to a federally licensed firearm dealer that is located in the city or county where the purchaser lives, or in the case of sales to Federal, State and Local law enforcement agencies, the firearms will most likely be personally delivered by the applicant due to logistical or contractual obligations. LAND USE AND PLAN INFORMATION EXISTING LAND USE: Single-family dwelling SURROUNDING LAND North: . Open space / R-7.5 Residential District USE AND ZONING: • Across the open space is agricultural land / AG -1 Agricultural District South: . Single-family homes / R-7.5 Residential District East: . Single-family homes / R-7.5 Residential District West: . Single-family homes / R-7.5 Residential District NATURAL RESOURCE AND There are no known significant natural resources or cultural features CULTURAL FEATURES: associated with this site. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area of the City as 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. (p.3-1) CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): The site is located on Litchfield Lane, a residential two-lane local street. The proposed use will have no traffic impact. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume Litchfield Way Not Available 9,0 ADT (Level of 90 Existing Land Use — 10 Service "D") ADT Proposed Land Use s - 12 SCOTT OVERTON Agenda Item 6 Page 2 AverageDaily Trips 2 as defined by one house 3 as defined by one house with online sales business WATER & SEWER: There is no expected impact on City water and sewer systems. FIRE: The applicant must comply with Section 3306 (storage of ammunition/explosives) of the Virginia Statewide Fire Prevention Code. The applicant must also comply with the National Fire Protection Association (NFPA) 495. A local Fire Code Permit may be required and the property may be subject to inspections by the Fire Marshal's Office. POLICE: A home security survey was conducted through the Police Department on March 21, 2011 for the purpose of assessing access control and safety in the home. The result of the assessment was acceptable according to the Police Department; recommendations were provided to the applicant, which will be implemented by the applicant. EVALUATION AND RECOMMENDATION The proposed home occupation is consistent with the Comprehensive Plan's goal of protecting the predominately suburban character of this community. From the exterior of the house, business activity associated with the proposed home occupation will be virtually undetectable. The character of the neighborhood will not change since there will be no activity on the site beyond that common to the neighborhood and there is no new construction proposed. The applicant, however, will not be able to obtain a Federal Firearms License (FFL) from the ATF if the business consists strictly of Internet sales. According to ATF representatives, a FFL cannot be issued to an applicant unless the premises are open to the public. It is, however, important that the general health, safety, and welfare of the surrounding community be protected. To further ensure that is the case, staff is recommending a condition requiring the applicant to comply with all State and Federal requirements regarding firearms. If the applicant is unable to secure a FFL, he will not be able to conduct the online business as proposed. The FFL approval process will occur after the applicant has obtained a decision through City Council. In summary, the request for online sales is in consistent with the recommendations of the Comprehensive Plan and the Zoning Ordinance Standards for home occupations and the conditions below will ensure that the business is conducted such that it has no greater impact on the community than the existing single- family dwelling. Approval is recommended with the following conditions. CONDITIONS The applicant shall obtain all necessary Permits and Inspections from the Planning Department / Permits and Inspections and from the Fire Department. The applicant shall obtain a Certificate of Occupancy for this use from the Building Official. SCOTT OVERTON Agenda Item 6 Page 3 2. The applicant shall comply with all State and Federal regulations pertaining to firearms. 3. There shall be no employees for this home occupation. 4. Not more than 20 percent of the floor area of the dwelling unit and any accessory structures shall be used in the conduct of activity associated with the home occupation. 5. There shall be no sign identifying the business on the exterior of any building located on the property or within the yard of the property. 6. Delivery of firearms to the property shall be secured by only the applicant's signature. 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. SCOTT OVERTON Agenda Item 6 Paae 4 K, 'fr, r1 reN --ak- +SRjI ��`; .Fen wr c k yv wa. 1.31' S 77'32'32" E 0.1' OUT LOT 12 1,q C�Tr O,�FD� ,QFS Ta00,01. '9 1 8' WOOD: Z FENCE ON UNE LOT 13 0.3' IN APPROX. OMITS HVAC X + OD 32.7 s FLOW ZONE 'o LOT 14 19.6 A'ID 2 STORy !q ,J O BRICK N 1 2325 APPROX. WITS cc, N OF • AE • b b o FLOOD ZONE : . �' '` d.0 4.6' 5 DRAINAGE COf�C EASEMENT �+ M.B.268 P0.62 �. .IP Ip L-973.34' R=325.00- 625 4,• to w�oF l./MWZELD WA Y (50' RIW) PROPOSED SITE PLAN • SCOTT OVERTON Agenda Item 6 Page 6 01 OLt AS �Q�s.rl PHOTOGRAP SCOTT Agenaa item b Page 7 ZONING HISTORY # DATE REQUEST ACTION 1 01/28/1997 Rezoning AG -1 & AG -2 to Conditional R-7.5) Approved 2 03/11/1997 Rezoning (AG -1 & AG -2 to Conditional R-7.5) Approved 3 09/28/2004 09/28/2004 Rezoning (AG -1 & AG -2 to R-20) Subdivision Variance Approved Approved VOLT, LLC Business Development Consulting This application requests a Conditional Use Permit to allow an Online Firearm sales business to be situated in my residence. I will be the sole employee and will sell, via the internet and business relationships, Firearms and accessories including: handguns, rifles, shotguns, holsters, cases, ammunition, clay targets and associated firearms products. There will be no customers visiting the site and the work hours that I conduct online transactions are formally the hours of 0800 to 1700 but will include evenings and weekends. I anticipate three to twelve firearms sales a year and project that the majority of sales will come from firearm accessories such as Scopes, Holsters, Hand grips and other accessories. My principal client base is DOD, Federal State and Local Law enforcement agencies. In addition to obtaining approval of this Use Permit, I will have to obtain a Federal Firearms License (FFL) through the bureau of Alcohol, Tobacco, Firearm and Explosives (ATF) in order to conduct this online business. My Business model includes purchasing items from a wholesaler or manufacturer who deals strictly with federally licensed dealers. Once the product arrives on- site any firearms will be secured IAW with ATF regulations. My home is secured with an alarm system. Any firearms sold will be sent to a federally licensed firearm dealer located in the city where the purchaser lives or in the case of federal and law enforcement sales, may be delivered personally due to logistic or contractual obligations. All sales will be in strict compliance with Mandatory background checks made through the National Instant Criminal Background Check System (NCIS) I currently have a consulting business VoLT, LLC that is conducted from this residence. Business hours are currently 0800 -1700 M -F. All business is conducted by appointment only at the client's location. No increase in residential traffic and parking is projected. I have developed relationships with client companies such as MJL, Enterprises, LLC of Virginia Beach. VA. A Service Disabled Veteran Owned Company (SDVOSB). I also conduct business with GSS Gear of Virginia Beach, VA. A Woman Owned Small Business (WOSB). Both of these clients I have conducted consulting work for and have been asked if I could supply firearms related equipment to support current contracts that they compete in with DOD, Federal and State Law Enforcement Agencies. My Residence/Office location will NOT require any structural alterations or additions in order to meet my planned business model. I will not be conducting business as a storefront VOLTLLC . N v opnicnk Consuiling DESCRIPTION SUBMITTED WITH APPLICATION (page 1) SCOTT OVERTON Agenda Item 6 Page 9 VOLT, LLC Business Development Consulting operation only online sales or at client office locations. I have no previous conditional use permits in place. I will require no Signage. I greatly appreciate your assistance and eventual approval of this Use Permit. Respectfully Scott Overton President, VoLT, LLC VOLTLLC ousmess [Wvobpn ^m C nsu111n� DESCRIPTION SUBMITTED WITH APPLICATION (page 2) SCOTT OVERTON Agenda Item 6 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) Scott Overton, Owner/CEO VoLT, LLC a Virginia Company 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business ent42 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 eMoyee ofthe City of Virginia Beach have an interest in the subject land? Yes J__L 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 7/3/2007 DISCLOSURE STATEMENT SCOTT OVERTON Agenda Item 6 Page 11 w a w z 0 0 U 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) Mann and Associates, Accounting Services D Sielateclry Law, Legal Services "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. Lfunderrstand that, upon receipt of notification (postcard) that the application has been scheduled for ic hearing, I am responsible for obtaining and posting the required sign on the subject property at t 30 days prior to the scheduled public hearing according to the instructions in this package. The ersigned Iso consents to entry upon the subject property by employees of the Department of ning hotograph and view the site for purposes of processing and evaluating this application. Scott Overton Ap ' nt's Signature Print Name Scott Overton Property Owner's Signature (if different than applicant) Print Name Conditional Use Permit Application DISCLOSURE STATEMENT SCOTT OVERTON Agenda Item 6 Page 12 Item #6 Scott Overton Conditional Use Permit 2325 Litchfield Way District 7 Princess Anne April 11, 2012 REGULAR An application of Scott Overton for a Conditional Use Permit (Home Occupation — online Firearm Sales) on property located at 2325 Litchfield Way, District 7, Princess Anne. GPIN: 2404-05-8740-0000. A recommendation was made to deny the application by David Redmond and seconded by Ronald Ripley. By a vote of 9-0, the Commission denied the application. Scott Overton, the applicant, appeared before the Commission. AYE 9 NAY 0 ABS 0 ABSENT 2 BERNAS AYE FELTON AYE HENLEY ABSENT HODSGON AYE HORSLEY ABSENT LIVAS AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTO AYE By a vote of 9-0, the Commission denied the application. Scott Overton, the applicant, appeared before the Commission. �o si CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: NCC DEVELOPMENT, LLC/FULTON BANK, Conditional Use Permit, car wash/auto repair, 1525 General Booth Boulevard (GPIN 2415560340). BEACH DISTRICT. MEETING DATE: May 22, 2012 ■ Background: The applicant requests a Conditional Use Permit to allow development of the site for an automated car wash within an existing building and to construct a new building for automobile repairs. The site is zoned B-2 Community Business District. There is an existing building on the site that has been used as a restaurant and a nightclub. ■ Considerations: The existing building will be renovated through reuse of the skeletal frame of the building and the brick base. The existing siding will be replaced with a composite fiberboard siding. The slope of the roof will remain the same, but the roofing materials will be replaced with new architectural grade shingles on the main roof and standing seam metal roofs on the dormers. The car wash will consist of a long single -bay located within the building. The car wash will utilize industry leading energy-efficient technology equipment and environmentally friendly biodegradable chemicals. A water -conserving Reclaim treatment system will be installed allowing for water to be treated and recycled. The hours of operation are proposed as 7:00 a.m. to 11:00 p.m., seven days a week. The number of employees will range from 6 to 10. The access to the existing site currently consists of a single vehicular ingress - egress point on General Booth Boulevard. This entrance will remain and no additional entrances will be provided. There is a lane for vehicles to queue for the car wash drive-through and 14 parking spaces for customer and employee parking. Additional landscaping along General Booth Boulevard will be provided. A four -foot high brick wall with landscaping will be positioned to conceal the view of the carwash entrance from the road. The 12,375 square foot automobile repair facility to be constructed at the rear of the lot will include services such as auto detailing, windshield repair, window tinting and auto alarm and audio installations, as well as auto customizing. There are 24 parking spaces provided, which is more than required for automotive repair. NCC Development, LLC Page 2 of 3 The exterior of the building will utilize architectural grade shingles, standing seam metal roof accents, simulated cedar shake siding with a stone or brick base. The exterior material colors for both this new building and the renovated building will be similar. In sum, the proposed development will be compatible with the adjacent commercial uses, and provides a good redevelopment of an otherwise vacant and deteriorating building.. 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 8-0-1, to recommend approval of this request to the City Council with the following conditions: When the property is redeveloped, it shall be substantially in conformance with the exhibit entitled, "Concept Plan Car Wash Facility and Auto Repair Shop" Sheet 2 of 3 prepared by Gallup Surveyors & Engineers, Ltd., dated January 29, 2012, which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. When the landscape is developed, it shall be substantially in conformance with the exhibit entitled, "Landscape Plan Car wash Facility" sheet 3 of 3 prepared by Gallup Surveyors & Engineers, Ltd., dated January 29, 2012, which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 3. When the building for the car wash is renovated, it shall be substantially in conformance with the rendered building elevation entitled, "General Booth Elevation" undated, which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 4. When the building for the for the auto repair is developed, it shall be substantially in conformance with the building elevation entitled, "Future Rear Building 1525 General Booth Blvd." undated, which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 5. There shall be no vehicles in an obvious state of disrepair located on the site. 6. All rooftop equipment, such as heating, ventilation, and air conditioning units shall be concealed from typical street level view. All ground level building mechanical equipment shall be screened in accordance with Section 245 (e) of the Zoning Ordinance. NCC Development, LLC Page 3 of 3 7. No window or outdoor advertising banners, pennants, streamers or other such visual devices beyond those permitted by the City Zoning Ordinance shall be permitted on the property. 8. All outdoor lighting shall be shielded, deflected, shaded and focused to direct light down onto the premises and away from adjoining property or right-of- way. A photometric plan depicting such lighting shall be submitted to the City of Virginia Beach for review and approval with the final sit plan submission. 9. Any motor vehicle detailing shall be limited to the rear of the property. 10. No tires for sale, merchandise or parts shall be displayed or stored outside. 11. No outdoor vending machines, ice boxes, or display of merchandise shall be permitted. 12. Trash enclosures shall be screened with a solid wall to match each building. Landscaping to include evergreen shrubs with good screening capabilities in accordance with the City's Landscaping, Screening and Buffering Specifications and Standards, and maintained at all times in good condition at a minimum height not lower than the wall. ■ 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 • r � . qAlq, BEACH NCC Develo pm P1 J _ R5D `i��� X13 L J1r 1 Bz =8z ( ti� J ,� sz•>.75 dJ3 Ldr Bz• en visi.i-iicCK Pro�a:en o•Pd1-t Asrbn P REQUEST: Conditional Use Permit Car Wash/Auto Repair ADDRESS / DESCRIPTION: 1525 General Booth Boulevard GPIN: ELECTION DISTRICT: SITE SIZE 24155603400000 BEACH 3.15 acres L4� April 11, 2012 Public Hearing APPLICANT: NCC DEVELOPMENT, LLC PROPERTY OWNER: FULTON BANK STAFF PLANNER: Karen Prochilo AICUZ: Less Greater than 75 dB DNL SUMMARY OF REQUEST The applicant requests a Conditional Use Permit to allow development of the site for an automated car wash within an existing building and to construct a new building for automobile repairs. The car wash will be located in an existing building at the front of the property. The car wash will utilize industry leading energy efficient technology equipment and environmentally friendly biodegradable chemicals. A water -conserving reclaim treatment system will be installed allowing for water to be treated and recycled. The hours of operation are proposed as 7:00 a.m. to 11:00 p.m., seven days a week. The number of employees will range from 6 to 10. The renovation of the car wash keeps the skeletal frame of the building and the brick base. The existing siding will be replaced with a composite siding similar to Nailite. The slope of the roof shall remain the same, but the roofing materials will be replaced with new architectural grade shingles on the main roof and standing seam metal roofs on the dormers. The existing porte-cochere shall be cut back to the main building. There is a lane for vehicles to queue for the car wash drive-through and 14 parking spaces for customer and employee parking. NCC DEVELOPMENT, LLC Agenda Item 5 Page 1 The automobile repair facility will include services such as auto detailing, windshield repair, window tinting and auto alarm / audio installations as well as auto customizing. This new 12,375 square foot building shall be located at the rear of the parcel behind the car wash. Currently, 24 parking spaces are provided which is more than required for automotive repair. The new structure will be similar in design and in exterior materials to another building that the applicant built on General Booth Boulevard not far from this property. The building will be one-story in height. The exterior will utilize architectural grade shingles, standing seam metal roof accents, simulated cedar shake siding with a stone or brick base. The exterior material colors for both this new building and the renovated building will be similar. The access to the existing site currently consists of a single vehicular ingress -egress point on General Booth Boulevard. This entrance will remain and no additional entrances are provided. Additional landscaping along General Booth Boulevard is to be provided. A four -foot high brick wall with landscaping will be positioned to conceal the view of the carwash entrance from the road. LAND USE AND PLAN INFORMATION EXISTING LAND USE: Vacant structure and associated parking. SURROUNDING LAND North: . Restaurant & retail / B-2 Community Business District USE AND ZONING: South: . Firestone tire store and mini -warehouse storage facility / B-2 Community Business District East: . General Booth Boulevard • Retail and restaurants / B-2 Community Business District West: . Retail and restaurants / B-2 Community Business District Single-family homes / R-10 Residential District NATURAL RESOURCE AND The majority of the site is impervious as it is developed with buildings CULTURAL FEATURES: and parking. There does not appear to be any significant environmental or cultural features associated with this site. 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 this 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. 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 (p. 3-1). The planning principles for the Suburban Area are reinforced by Special Area Development Guidelines for site NCC DEVELOPMENT ;;LLC Agenda Item 5 Page 2 and building design in the Comprehensive Plan's Reference Handbook. These design principles are tailored for this area and should be implemented, as appropriate, to improve the quality of our physical environment. Access between parking areas on separate lots should be accomplished through use of shared -access easements, which join the lots (pp. B-8 to B-13). CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): General Booth Boulevard, in the vicinity of this application, is a six -lane divided, access -controlled, major urban arterial, with a 145 -ft right-of-way width. The City's Master Transportation Plan indicates an ultimate right-of-way width of 155 feet for an eight -lane divided, access -controlled, major arterial roadway. There are currently no CIP projects planned for this portion of General Booth Boulevard. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic General Booth 50,850 ADT 26,300 ADT (Level of Existing Land Use — Boulevard Service "C") 1739 ADT 42,100 ADT' (Capacity Proposed Land Use 3— / Level of Service "E") 846 ADT 48,200 ADT' (Level of Service "E" Average Daily Trips s as defined by 3.15 acres zoned B-2 3 as defined by 12,375 SF automobile care center & automated car wash w/ one wash stall his site does not currency nave direct access to General Booth Boulevard, and utilizes a shared access point with the adjacent parcels. The proposed development will maintain the existing shared access, and there will be no additional driveway onto General Booth Boulevard or Teach Lane. This portion of General Booth Boulevard is currently operating over capacity; however, the proposed development appears to generate a significantly lower number of daily trips from what the current zoning of B- 2 would allow for. Additionally, the existing improvements at the shared access point, including a right -turn lane into the driveway, should adequately accommodate the generated vehicular trips. Therefore, Traffic Engineering has no safety or traffic related concerns with this application at this time. STORMWATER: Adequacy of BMP for increase in impervious area should be verified. An oil -water separator maybe required to tie into one of the sanitary sewer manholes. WATER: The site is already connected to City water. There is a 20 -inch City water main in General Booth Boulevard. SEWER: The site is already connected to City sanitary sewer. Pump Station #128, the receiving pump station for this site has capacity issues and may require system modification. An engineering hydraulic analysis of Pump Station #128 and the sanitary sewer collection system is required to ensure future flows can be accommodated. There is an 8 -inch City gravity sanitary sewer within an existing 20 -foot Public Utility easement that runs through the center of this site. There is a 42 -inch HRSD force main in General Booth Boulevard. NCC DEVELOPMENT, LLC Agenda Item 5 Page 3 FIRE DEPARTMENT: No comments HRSD: No comments. EVALUATION AND RECOMMENDATION Staff finds that, the proposed development will be compatible with the adjacent commercial uses. The materials and colors on the two buildings will be coordinated with each other as well as with the adjacent mini -warehouse and tire store. The proposal meets the intent of the General Booth Boulevard Corridor standards. The request for a Conditional Use Permit for a car wash and auto repair is consistent with the land use policies of the Comprehensive Plan's Suburban Area. The proposed car wash will be a good redevelopment of an otherwise vacant and deteriorating building. The auto repair facility will be a complementary use to the existing tire store. Staff, therefore, recommends approval of this request with the conditions below. CONDITIONS 1. When the property is redeveloped, it shall be substantially in conformance with the exhibit entitled, "Concept Plan Car Wash Facility and Auto Repair Shop" Sheet 2 of 3 prepared by Gallup Surveyors & Engineers, Ltd., dated January 29, 2012, which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. When the landscape is developed, it shall be substantially in conformance with the exhibit entitled, "Landscape Plan Car wash Facility" sheet 3 of 3 prepared by Gallup Surveyors & Engineers, Ltd., dated January 29, 2012, which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 3. When the building for the car wash is renovated, it shall be substantially in conformance with the rendered building elevation entitled, "General Booth Elevation" undated, which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 4. When the building for the for the auto repair is developed, it shall be substantially in conformance with the building elevation entitled, "Future Rear Building 1525 General Booth Blvd." undated, which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 5. There shall be no vehicles in an obvious state of disrepair located on the site. 6. All rooftop equipment, such as heating, ventilation, and air conditioning units shall be concealed from typical street level view. All ground level building mechanical equipment shall be screened in accordance with Section 245 (e) of the Zoning Ordinance. 7. No window or outdoor advertising banners, pennants, streamers or other such visual devices beyond those permitted by the City Zoning Ordinance shall be permitted on the property. 8. All outdoor lighting shall be shielded, deflected, shaded and focused to direct light down onto the premises and away from adjoining property or right-of-way. A photometric plan depicting such lighting NCC DEVELOPMENT, LLC Agenda Item 5 Page 4 shall be submitted to the City of Virginia Beach for review and approval with the final sit plan submission. 9. Any motor vehicle detailing shall be limited to the rear of the property. 10. No tires for sale, merchandise or parts shall be displayed or stored outside. 11. No outdoor vending machines, ice boxes, or display of merchandise shall be permitted. 12. Trash enclosures shall be screened with a solid wall to match each building. Landscaping to include evergreen shrubs with good screening capabilities in accordance with the City's Landscaping, Screening and Buffering Specifications and Standards, and maintained at all times in good condition at a minimum height not lower than the wall. 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. NCC DEVELOPMENT, LLC Agenda Item 5 Page 5 AERIAL OF SITE LOCATION NCC DEVELOPMENT, LLC Agenda Item 5 Page 6 cr OF OUR hAZ ION § ° ®/� , m� , m �) §} ��— ____ ƒ \ I w!!l PHYSICAL SURVEY OF EXISTING SIT NCC DEVE yy Sqq i�g PROPOSED CONCEPT PLAN NCC DEVELOPMENT, LLC Agenda Item 5 Page 8 Ofi OURFpNi-' OHMA�]� ) J ' - ¢ 7r 11 U x- aNa 6 Bf� PROPOSED CONCEPT PLAN NCC DEVELOPMENT, LLC Agenda Item 5 Page 8 Ofi OURFpNi-' PROPOSED LANDSCAPE PLAN NCC DEVELOPMENT, LLC Agenda Item 5 Page 9 CAR WASH BUILDING -ELEVATION NCC DEVELOPMENT, LLC Agenda Item 5 Page 10 NCC DEVELOPMENT,LCY Agenda Item 5 y Page 11 s �P s OUR NAtiC� ZONING HISTORY # DATE REQUEST ACTION 1 06/09/2009 Conditional Use Permit automobile repair establishment A roved 2 10/09/2005 Conditional Use Permit mini -warehouse Approved 06/06/2002 Modifications of the Conditional Use Permit Approved 10/09/2001 Conditional Use Permit mini -warehouse Approved 02/24/1986 Conditional Rezoning AG -1 to B-2 Approved 3 01/22/2002 Subdivision Variance Approved 4 06/08/2001 Conditional Use Permit as & convenience store Approved 5 11/22/1994 Conditional Use Permit communication tower Approved 6 02/13/1978 Conditional Rezoning AG -1 to B-2 Approved IA - NCC DEVELOPMENT,LC0'z Agenda Item 5 � 2 N �F luR NPj `O 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) Ptl1tqm-� W(-k:Glto,rl %mss T2 a 2. List all businesses that have a parent -subsidiary' or affiliated business entity, relationship with the applicant: (Attach list if necessary) Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, 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� Lxy(3 �7firyti, 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 Does an official or ep1Joyee of�City of Virginia Beach have an interest in the subject land? Yes � No If yes, what is the name of the official or employee and the nature of their interest? Conditional Use Permit Application Page 9 of 10 Revised 7WO07 DISCLOSURE STATEMENT NCC DEVELOPMENT,.tLC Agenda Item 5 Page 13 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) Coviftw 0o. NF,rw—wc,k►�Id -GRJ AguArrEcrS - IV nIdf Ar��Son� (1?'k(,LUP m6rinlaelts - DAVF Bent 'f#PAA,Md- Qecwamle - Boa TtPO-r 6) t, � - MW 5Mt" tn) BatJtck,it, ' "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. �i, E N ,,W App icant's ignature Print Name �u I -i-At. A S Flt operty Own s Signature (if different than applicant) Print Name 5 r - er,ukve -Cam'I kp., d;AS CondMonal Use Permft Application Page 10 of 10 Revised 7/3!2007 DISCLOSURE STATEMENT NCC DEVELOPMENT,.LLC Agenda Item 5 Page 14 Fulton Bank Disclosure • Michael D. Austin, Senior Vice President: 757.222.2437 (phone) 1757.498.3658 (fax) • Mary E. Smith, Senior Executive: 757.222.2415 (phone) 1757.498.3658 (fax) Rfltim Funk Hampton Roads Division MEMORANDUM Date: March 27, 2012 To: Karen Prochil Virginia Beach Department of Planning From: Harvard Birdsong, EVP Subject: Mary E. Smith, SVP Please accept this memo as confirmation that Mary Smith is employed with Fulton Bank and holds the title of Senior Executive Commercial Lending Virginia Beach. Thank you. Respectfully, Harvard R. Birdsong Executive Vice President Fulton Bank, N.A. DISCLOSURE STATEMENT NCC DEVELOPMENT;: -LC Agenda Item 5 Page 15 Item #5 NCC Development, L.L.C. Conditional Use Permit 1525 General Booth Boulevard District 6 Beach April 11, 2012 CONSENT An application of NCC Development, L.L.C. for a car wash/auto repair on property located at 1525 General Booth Boulevard, District 6, Beach. GPIN: 24155603400000. C ONSENT CONDITIONS 1. When the property is redeveloped, it shall be substantially in conformance with the exhibit entitled, "Concept Plan Car Wash Facility and Auto Repair Shop" Sheet 2 of 3 prepared by Gallup Surveyors & Engineers, Ltd., dated January 29, 2012, which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. When the landscape is developed, it shall be substantially in conformance with the exhibit entitled, "Landscape Plan Car wash Facility" sheet 3 of 3 prepared by Gallup Surveyors & Engineers, Ltd., dated January 29, 2012, which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 3. When the building for the car wash is renovated, it shall be substantially in conformance with the rendered building elevation entitled, "General Booth Elevation" undated, which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 4. When the building for the for the auto repair is developed, it shall be substantially in conformance with the building elevation entitled, "Future Rear Building 1525 General Booth Blvd." undated, which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 5. There shall be no vehicles in an obvious state of disrepair located on the site. 6. All rooftop equipment, such as heating, ventilation, and air conditioning units shall be concealed from typical street level view. All ground level building mechanical equipment shall be screened in accordance with Section 245 (e) of the Zoning Ordinance. 7. No window or outdoor advertising banners, pennants, streamers or other such visual devices beyond those permitted by the City Zoning Ordinance shall be permitted on the property. 8. All outdoor lighting shall be shielded, deflected, shaded and focused to direct light down onto the premises and away from adjoining property or right-of-way. A photometric plan depicting such Item #5 NCC Development, L.L.C. Page 2 lighting shall be submitted to the City of Virginia Beach for review and approval with the final sit plan submission. 9. Any motor vehicle detailing shall be limited to the rear of the property. 10. No tires for sale, merchandise or parts shall be displayed or stored outside. 11. No outdoor vending machines, ice boxes, or display of merchandise shall be permitted. 12. Trash enclosures shall be screened with a solid wall to match each building. Landscaping to include evergreen shrubs with good screening capabilities in accordance with the City's Landscaping, Screening and Buffering Specifications and Standards, and maintained at all times in good condition at a minimum height not lower than the wall. 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 Departmentfor crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. By a vote of 8-0-1, with the abstention so noted, the Commission approved item 5 by consent. Robert Nelin spoke on behalf of the applicant. There was no opposition. AYE 8 NAY 0 ABS 1 ABSENT 2 BERNAS AYE FELTON AYE HENLEY ABSENT HODGSGON AYE HORSLEY ABSENT LIVAS AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON ABS By a vote of 8-0-1, with the abstention so noted, the Commission approved item 5 by consent. Robert Nelin spoke on behalf of the applicant. There was no opposition. ♦� V Q W N O i 0 a� a U e d h h � L �1�. 04 Q N OQ v O �� O � U ;;, O :_ .� Q .� y N C vy CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: BURNETTE DEVELOPMENT, LLC/ABCS INVESTMENT GROUP, LLC, Conditional Use Permit, mini-warehouse/self storage, 965 S. Oriole Drive (GPIN 2418609901). BEACH DISTRICT. MEETING DATE: May 22, 2012 ■ Background: The applicant requests a Conditional Use Permit to develop the site with a self -storage facility, retail -office space related to the use, as well as associated parking and landscaping. The site is currently vacant and is zoned B-2 Community Business District. The site is also located within the 70 to 75 dB DNL AICUZ as well as APZ-2. ■ Considerations: The proposed 3 -story building will be a minimum of 35 feet from the property line adjacent to South Oriole Drive (east), 15 feet from the adjacent townhome development (south), a minimum of 5 feet from the rear property line (west), and 5 feet from the northern property line. The proposed facility has no exterior storage units and no outside storage. The building will consist of climate -controlled storage units accessed only from the interior. The building will have a fully monitored camera system and will use dark sky guidelines for lighting the site. The management of the operation will be by a professional management company, and the facility will operate Monday through Saturday from 9:00 am to 6:00 pm and Sunday Noon to 5:00 pm. Parking and loading spaces will be located along the front of the building. The loading areas are proposed adjacent to the existing commercial area, which is approximately 47 feet from southern property line adjacent to the townhomes. The submitted elevations of the proposed building show `coastal style' architectural elements in the form of tower features with hipped roofs and decorative brackets. Decorative banners are depicted on the front of the building and provide some architectural relief to the building wall. Windows with coastal style storm shutters help break up the mass of the long walls of the building. Building materials include exterior insulation finish system, split face block veneer, metal wall panels, and corrugated metal roofing. The proposed building height ranges from 35 feet to 46.5 feet. The proposed use is consistent with the recommendations of the Comprehensive Plan. Additionally, due to the limitations on land uses in Accident Potential Zone 2, the proposed self -storage mini -warehouse use is one of the few uses compatible within this area. There was no opposition to the request. Burnette Development, LLC Page 2of2 ■ 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 site shall be developed substantially in accordance with the submitted plan entitled "Preliminary Plan of 965 South Oriole Drive Self -Storage for G. Thomas Minton", prepared by Kellam Gerwitz Engineering -Surveying -Planning, dated 4/7/11 and revised 12/23/11 except the applicant / developer shall install Category 1 screening within 5 feet of the western and northern building walls. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. The building shall be constructed substantially in accordance with the submitted elevations. There shall be no openings along the southern wall of the building. Said elevations have been exhibited to the Virginia Beach City Council and are on file in the Planning Department. 3. Signage for the site shall be reviewed and approved by Zoning / Current Planning. The decorative banners on the front of the building may be allowed provided there is no signage on the banners. 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. No lighting will be permitted on the southern side of the site, adjacent to the residential / apartment areas. 5. Mechanical equipment (HVAC) shall not be located on the southern side of the building or site. 6. The facility shall close between the hours of 9:00 p.m. and 6:00 a.m. ■ 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 • � -%3W, BEACH Mar L-G Burnette Develo )meI)t, LLC' t S2 4i �r 82 02 All X _7' �f 1 -� 'L-"A36* LJ�7.. CUP• SeN Storage -Mini Warehouse Syace Proimtlw or PON.1 Qvrbys REQUEST: Conditional Use Permit (Self Storage — Mini Warehouse) ADDRESS / DESCRIPTION: 965 South Oriole Drive GPIN: ELECTION DISTRICT: SITE SIZE: 24186099010000 BEACH 1.1 acres APPLICATION HISTORY: 15 April 11, 2012 Public Hearing APPLICANT: BURNETTE DEVELOPMENT, LLC PROPERTY OWNER: ABCS INVESTMENT GROUP, LLC STAFF PLANNER: Faith Christie AICUZ: 70-75 dB DNL; Accident Potential Zone 2 The applicant requested a deferral of the request at the March 14, 2012 Planning Commission meeting so they could work with the surrounding land owners on development issues. The applicant met with the adjacent property owners regarding the design of the project. Agreed upon conditions of the site and building development and business operations are reflected in the report and proposed conditions. The applicant requests a Conditional Use Permit to develop SUMMARY OF REQUEST the site with a self -storage facility, a retail / office space for the use, parking, and landscaping. The submitted preliminary plan depicts the proposed building a minimum of 35 feet from the property line adjacent to South Oriole Drive, 15 feet from the adjacent townhome development, a minimum of 5 feet from the rear property line, and 5 feet from the northern property line. Parking and loading spaces are delineated along the front of the building. The loading areas are proposed adjacent to commercial area, approximately 47 feet from southern property line adjacent to the townhomes. BURNETTE DEVELOPMENT, LLC Agenda Item 15 Page 1 The plan shows buffer landscaping along the southern side of the building, as well as street frontage and parking lot landscaping. Stormwater management facilities are proposed at the southeastern portion of the site and the rear of the site. The submitted elevations of the proposed building show 'coastal style' architectural elements in the form of tower features with hipped roofs and decorative brackets. Decorative banners are depicted on the front of the building and provide some architectural relief to the building wall. Windows with coastal style storm shutters help break up the mass of the long walls of the building. Building materials include exterior insulation finish system, split face block veneer, metal wall panels, and corrugated metal roofing. The proposed building ranges in height from 35 feet to 46.5 feet. The applicant states that the proposed facility has no exterior storage units and no outside storage. The proposed building will be a 3 story climate controlled structure with interior access -only. The building will have a fully monitored camera system and will use dark sky guidelines for night lighting. The management of the operation will be by a professional management company, and the facility will operate Monday through Saturday from 9:00 am to 6:00 pm and Sunday Noon to 5:00 pm. LAND USE AND PLAN INFORMATION EXISTING LAND USE: Undeveloped site SURROUNDING LAND North: . Restaurants / B-2 Community Business District USE AND ZONING: South: . Multi -family dwellings / A-18 Apartment District East: • South Oriole Drive • Across South Oriole Drive are multi -family dwellings / A-12 Apartment District West: . Offices / B-2 Community Business 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 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. One of the actions called for in the Comprehensive Plan is to provide an appropriate transition of land uses between intense commercial uses and established neighborhoods. Although this site is located within the official boundaries of the Resort SGA, it is outside of the districts identified in the Resort Area Strategic Action Plan (RASAP). The subject area also lies within Accident Potential Zone 2 and Noise Zone 70-75db, limiting permitted uses in accordance with AICUZ regulations in the Zoning Ordinance. Due to the limitations on land uses in APZ 2, the proposed mini -warehouse use is one of the few uses permitted in this area. The design of the proposed three-story building is of high quality. Unlike most suburban -style mini - warehouses, the proposed three-story, enclosed design works well in a more urban area. The enclosed design BURNETTE DEVELOPMENT, LLC Agenda Item 15 Page 2 and secured access also works well adjacent to a residential area, which will be well buffered and screened from this use. CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): This site is located along South Oriole Drive, south of Laskin Road. South Oriole Drive is a two-lane local / collector street with a variable -width right-of-way. There are no Capital Improvement Projects currently scheduled for this roadway. The proposed use of this site as a mini -warehouse storage facility does not appear to add a significant number of trips along South Oriole Drive, and the number of trips estimated to be generated by this use is well below what the current B-2 Business zoning would allow. The proposed right-of-way dedication will need to be wide enough to allow for a sixty -foot wide right-of-way for South Oriole Drive, which is the City's minimum width for a collector street serving commercial / industrial uses. The developer will be required to improve the western side of South Oriole Drive in front of this site to be consistent with the typical section shown by Standard Detail A-15 in the City's Public Works Standards. The proposed entrances shall meet all applicable City of Virginia Beach Public Works Standards, including but not necessarily limited to those regarding width, radii, throat length, and sight distance. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic South Oriole Drive No count 9,900 ADT Existing Land Use — 565 available ADT Proposed Land Use 3— 63 ADT 7 Peak Hour Average Daily Trips las defined by 1.027 acres of B-2 Business zoning 3 as defined by a 76,000 square foot self storage building WATER: This site must connect to City water. There is an 8 inch City water line in South Oriole Drive. SEWER: This site must is connected to City sanitary sewer. Analysis of Pump Station #111 and the sanitary sewer collection system is required to ensure future flows can be accommodated. There is an 8 inch City gravity sanitary sewer in South Oriole Drive. SCHOOLS: School populations are not affected by the request. BURNETTE DEVELOPMENT, LLC Agenda Item 15 Page 3 EVALUATION AND RECOMMENDATION Staff recommends approval of this request with the conditions below. The proposed use conforms to the recommendations of the Comprehensive Plan. Additionally the site lies within Accident Potential Zone 2 and Noise Zone 70-75db, limiting permitted uses in accordance with AICUZ regulations in the Zoning Ordinance. Due to the limitations on land uses in Accident Potential Zone 2, the proposed self -storage mini -warehouse use is one of the few uses permitted in this area. CONDITIONS 1. The site shall be developed substantially in accordance with the submitted plan entitled "Preliminary Plan of 965 South Oriole Drive Self -Storage for G. Thomas Minton", prepared by Kellam Gerwitz Engineering -Surveying -Planning, dated 4/7/11 and revised 12/23/11 except the applicant / developer shall install Category 1 screening within 5 feet of the western and northern building walls. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. The building shall be constructed substantially in accordance with the submitted elevations. There shall be no openings along the southern wall of the building. Said elevations have been exhibited to the Virginia Beach City Council and are on file in the Planning Department. 3. Signage for the site shall be reviewed and approved by Zoning / Current Planning. The decorative banners on the front of the building may be allowed provided there is no signage on the banners. 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. No lighting will be permitted on the southern side of the site, adjacent to the residential / apartment areas. 5. Mechanical equipment (HVAC) shall not be located on the southern side of the building or site. 6. The facility shall close between the hours of 9:00 pm and 6:00 am. 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 CertiFcate 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. BURNETTE DEVELOPMENT, LLC Agenda Item 15 Page 4 Oriole Vc'1 '40.w po m �• 1,. PROPOSED SITE PLAN BURNETTE DEVELOPMENT, LLC Agenda Item 15 ' I Page 6 z Lu CL Jill gQ SOUM . `- - � �� 1,11 �� 111 IIIall; & -------------- all PROPOSED SITE PLAN BURNETTE DEVELOPMENT, LLC Agenda Item 15 ' I Page 6 PROPOSED SITE PLAN (DETAIL) IA -B BURNETTE DEVELOPMENT, LLC Agenda Item 15 Page 7 I)R'VE �10LE 0100TH + souTH oN 150, 12�00 Li a: CL M CL 11 32-00' Ct 0 N. LL . . . . . . . . . . . . . . . . . . . . - 62 -00 CO Z T Wo co C) !? Ln 35.00 PROPOSED SITE PLAN (DETAIL) IA -B BURNETTE DEVELOPMENT, LLC Agenda Item 15 Page 7 rage ELEVATION VIEW FROM LASKIN ROAD AND SOUTH ORIOLE DRIVE � � c BURNETTE DEVELOPMENT, LLC Agenda Item 15 Page 9 oua naT .. BEACH 1Vla L -o purnCtiC ycNv1U )lllClll LLI, f a of to Scste o - - R40 `' 62 ��� � R Zoning with ConditionsiProffers. Open CUP - Self Storage - Mini Warehouse Space Promotion or PDH -2 Overlays ZONING HISTORY # DATE REQUEST ACTION 1 12/17/79 Rezoning R-5 Residential to A-2 Apartment) ARproved 2 8/26/03 Street Closure Approved 1/22/02 Modification and Rezoning (R-7.5 Residential to Approved Conditional A-36 Apartment) 6/12/01 Rezoning (R-7.5 Residential to Conditional A-36 Approved Apartment) and Street Closures 3 9/15/86 Rezoning H-1 Hotel to B-2 Business Approved 4 11/27/90 Reconsideration of Conditions and Conditional Use Approved Permit (tire installation) 5 8/12/97 Rezoning H-1 Hotel to Conditional A-36 Apartment Withdrawn 6 1 11/27/90 Reconsideration of Conditions Approved BURNETTE DEVELOPMENT, LLC Agenda Item 15 ; Page 11 DISCLOSURE STATEMENT 11 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, artners, etc. below: (Attach list if necessary) �J /ns. riii� if/fn ll� � � o�wtYnat/'M. rwro�IH 2. List all businesses that have a parent -subsidiary or affiliated business entity, relationship with the applicant: (Attach list if necessary) N /A Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. 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) Z C"'Vl LL c' 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 epiajoyee of City of Virginia Beach have an interest in the subject land? Yes No If yes, what is the name of the official or employee and the nature of their interest? Conditional Use Permit Application Page 9 of 10 Revised 713/2007 DISCLOSURE STATEMENT BURNETTE DEVELOPMENT,:LLC Agenda Item 15 Page 12 ISCLOSURESTATEMENT11 T ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) ' "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same.person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. Appllceq�l t�e,� �� Print Name fl/ J:Jw 1/tlCJl RNr►roNY R CAf �y Property Owner's Signature (if different than applicant) Print Name Conditional Use Permit Application Page 10 of 10 Revised 7r32007 DISCLOSURE STATEMENT BURNETTE DEVELOPMENT,'I Agenda Item 15 Page 13 Item #15 Burnette Development, L.L.C. Conditional Use Permit 965 S. Oriole Drive District 6 Beach April 11, 2012 CONSENT An application of Burnette Development, L.L.C. for a Conditional Use Permit (self -storage — mini -warehouse) on property located at 965 S. Oriole Drive, District 6, Beach. GPIN: 2418-60- 9901-0000. CONDITIONS The site shall be developed substantially in accordance with the submitted plan entitled "Preliminary Plan of 965 South Oriole Drive Self -Storage for G. Thomas Minton", prepared by Kellam Gerwitz Engineering -Surveying -Planning, dated 4/7/11 and revised 12/23/11 except the applicant / developer shall install Category 1 screening within 5 feet of the western and northern building walls. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. 2. The building shall be constructed substantially in accordance with the submitted elevations. There shall be no openings along the southern wall of the building. Said elevations have been exhibited to the Virginia Beach City Council and are on file in the Planning Department. 3. Signage for the site shall be reviewed and approved by Zoning / Current Planning. The decorative banners on the front of the building may be allowed provided there is no signage on the banners. 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. No lighting will be permitted on the southern side of the site, adjacent to the residential / apartment areas. 5. Mechanical equipment (HVAC) shall not be located on the southern side of the building or site. 6. The facility shall close between the hours of 9:00 pm and 6:00 am. Item # 15 Burnette Development, L.L.C. Page 2 NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning /Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. By a vote of 9-0, the Commission approved item 15 by consent. R.J. Nutter 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 15 by consent. R.J. Nutter appeared on behalf of the applicant. There was no opposition. Ad • ps W A J N CL W Y IA' 4r �L`wv CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: POINT TO POINT/DIAMOND SPRINGS SHOPPES ASSOCIATES, LLC, Conditional Use Permit, truck rentals, 1270 Diamond Springs Road (GPIN 1469201140). KEMPSVILLE DISTRICT. MEETING DATE: May 22, 2012 ■ Background: The applicant requests a Conditional Use Permit to allow truck and trailer rentals on this site. The applicant operates a packing and shipping company at the location. The rental of trucks and trailers is an accessory to his business. The applicant states he will have no more than four trucks and or trailers, not exceeding 14 feet in length, on the site. Storage of the vehicles will be behind the shopping center. Hours of operation are 10:00 am to 6:00 pm, Monday through Friday, and 7:00 am to 4:00 pm on Saturday. ■ Considerations: The submitted site plan depicts an 18,900 square foot strip retail shopping center. There are two entrances to the center via Diamond Springs Road and one entrance to the center via Shell Road. The center is comprised of neighborhood type retail and service uses. Sufficient parking exists on the site to accommodate the users of the center as well as the truck rental business. This conditional use permit request to rent trucks and trailers is consistent with the Comprehensive Plan's land use policies for the Suburban Area. The proposed use is complementary to the existing neighborhood type uses in the center as well as the surrounding uses in the area. The applicant's plan to store the vehicles behind the shopping center is consistent with staff's recommendations on recent requests such as this. The existing landscaped buffer between the shopping center and the adjacent residential neighborhood sufficiently buffers the vehicles at the rear of the center. 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: Point to Point Page 2 of 2 There shall be no more than 4 trucks / trailers, no longer than 14 feet in length, parked on the site at any time. The vehicles shall be parked behind the shopping center in the designated parking spaces behind Units 112 though 116. 2. There shall be no repair, maintenance, washing or detailing of vehicles or trailers on the site. 3. 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. ■ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Age (1, ncyPlanningDepartment City Manager. s � "" �. KEMPSVILLE Point to Point B2 B2HI Q VAA� pp . k ?;\ �82 ti R4 A18 H4 CUP for 7rwk Rental 7 April 11, 2012 Public Hearing APPLICANT: POINT TO POINT PROPERTY OWNER: DIAMOND SPRINGS SHOPPES ASSOCIATES LLD STAFF PLANNER: Leslie Bonilla/Faith Christie REQUEST: Conditional Use Permit for Truck and Trailer Rental ADDRESS / DESCRIPTION: 1270 Diamond Springs Road GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14692011400000 KEMPSVILLE 2.24 ACRES Less than 65 dB DNL The applicant requests a Conditional Use Permit to allow truck SUMMARY OF REQUEST and trailer rentals on this site. The applicant operates a packing and shipping company at the location. The rental of trucks and trailers is an accessory to his business. The applicant states he will have no more than four trucks and or trailers, not exceeding 14 feet in length, on the site. Storage of the vehicles will be behind the shopping center. Hours of operation are 10:00 am to 6:00 pm, Monday through Friday, and 7:00 am to 4:00 pm on Saturday. The submitted site plan depicts an 18,900 square foot strip retail shopping center. There are two entrances to the center via Diamond Springs Road and one entrance to the center via Shell Road. The center is comprised of neighborhood type retail and service uses. Sufficient parking exists on the site to accommodate the users of the center. LAND USE AND PLAN INFORMATION EXISTING LAND USE: The site is developed with a strip retail shopping center and associated parking. SURROUNDING LAND North: . Shell Road and Single-family dwellings (Sajo Farms) / USE AND ZONING: • Conditional R-40 Residential South: . Single-family dwellings (Sajo Farms) / Conditional R -5D Residential East: • Single-family dwellings (Sajo Farms) / Conditional R-40 and R - 5D Residential West: . Diamond Springs Road NATURAL RESOURCE AND The site is developed with a small retail strip center and parking. There CULTURAL FEATURES: are no significant natural resources or cultural features associated with the site. COMPREHENSIVE PLAN: Suburban Area (adjacent to SGA 1 Burton Station) The Comprehensive Plan identifies this site as being in the Suburban Area adjacent to Strategic Growth Area (SGA) 1, Burton Station. The general planning principles for the suburban area focus on preserving and protecting the overall character, economic value, aesthetic quality of the stable neighborhoods and reinforce the suburban characteristics of commercial centers and other non-residential areas that make up part of the Suburban Area. CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIPI: Diamond Springs Road in front of this request is a four -lane divided minor suburban arterial. The Master Transportation Plan proposes a six -lane facility within a 150 foot right-of-way. Shell Road adjacent to this site is a two-lane undivided collector/local street. It is not included on Master Transportation Plan. There are no roadways Capital Improvement Program projects are slated for these segments of roadways. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Diamond Sprigs 19,652 ADT 28,200 ADT Existing Land Use — 50 RoadADT 3— Proposed Land Use 66 ADT Average Daily Trips Y as defined by an 800 square foot pack and ship facility 3 as defined by an 800 square foot pack and ship facility and truck / trailer rental WATER and SEWER: The site is connected to City water and sewer. POINT TO POINT Agenda Item 7 Page 2 EVALUATION AND RECOMMENDATION Staff recommends approval of this request with the conditions below. The City Zoning Ordinance requires the following for truck and trailer rentals — a. The minimum lot size shall be twenty thousand (20,000) square feet. b. Trucks and trailers for rental shall be displayed in an area designated on a site plan submitted with the application for a conditional use permit, no more than three (3) trucks or trailers for rent shall be displayed and no truck or trailer shall be displayed within the first ten (10) feet of any front or side yard abutting the right-of-way line of a street to be measured from the property line to any displayed truck or trailer on the premises. c. All lighting shall be directed toward the interior of the site and away from adjoining properties. d. Trucks or trailers for rental which are not being displayed as provided for in (b) above shall be located within a building or in a designated area located behind the nearest portion of a building adjacent to a public street. The designated area shall be screened, except for necessary openings for ingress and egress, from any public right-of-way or adjoining residential or apartment zoning district within one hundred (100) feet of the designated area by a fence not less than six (6) feet in height and Category VI landscaping. This conditional use permit request to rent trucks and trailers is generally consistent with the Comprehensive Plan's land use policies for the Suburban Area. The proposed use is complementary to the existing neighborhood type uses in the center as well as the surrounding uses in the area. The applicant's plan to store the vehicles behind the shopping center is consistent with staff's recommendations on recent requests such as this. The existing landscaped buffer between the shopping center and the adjacent residential neighborhood sufficiently buffers the vehicles at the rear of the center. And as previously noted in the report sufficient parking exists on the site for all the users. Therefore staff finds the request acceptable subject to the conditions listed below. CONDITIONS 1. There shall be no more than 4 trucks / trailers, no longer than 14 feet in length, parked on the site at any time. The vehicles shall be parked behind the shopping center in the designated parking spaces behind Units 112 though 116. 2. There shall be no repair, maintenance, washing or detailing of vehicles or trailers on the site. 3. 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. POINT TO Agenda 'DINT tem 7 age 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. POINT TO POINT Agenda Item 7 Page 4 AERIAL OF SITE LOCATION POINT TO POINT Agenda Item 7 { c Page 5 q J'b Ow trg F/w ll" R 3 a (� g w 0 J m Cc a o= Cl 0 z z a Q 0 z z O O <_ Q o O Ad moo om0 w I 0 - Z Q m e Zwi M 0 n SITE PLAN SHOWING STORAGE LOCATIO OFTRUCKS POINT TO POINT Agenda Item 7 `Q Page 6 5 0UR N, KEMPSVILLE Ma C --t Point to Point Ma of fo Scale BBQ w J. B �R4 Als2 Z, Q R� W ; 1Z i Zoning with CondidonsProffers, open CUP for Truck Rental Space Promotion or PDH -2 overlays ZONING HISTORY # DATE REQUEST ACTION 1 6/14/05 Conditional Use Permit (Church) Approved 12/16/97 Conditional Use Permit (Gasoline Sales/Convenience Denied 12/9/99 Store) 3/12/85 Street Closure Approved Rezoning R-5 Residential to B-2 Business Approved 2 11/22/11 Rezoning (B-2 Business and 1-1 Light Industrial to Approved Conditional A-18 Apartment 3 11/28/06 Conditional Use Permit Communication Tower Approved 4 9/26/06 Conditional Use Permit (Carwash) Approved 7/12/05 Conditional Use Permit (Gasoline Sales/Convenience Approved Store 5 8/27/97 Conditional Use Permit (Commercial Recreational Denied Facility) NT TO PC NT Agenda Item 7 . Page 7 DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 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) .JAP—Mowb SS�S a 1 fJ 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 V Q1 O Does an official or ep)DJoyee of the of Virginia Beach have an interest in the subject land? Yes _L_L No ✓ If yes, what is the name of the official or employee and the nature of their interest? O Conditional Use Permit Application Page 9 of 10 Revised 7/3/2007 DISCLOSURE STATEMENT POINT TO POINT Agenda Item 7 Page 8 O DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a Gose 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. Appli ant's Signature v Print Name - M/ Conditional Use PeonitApplimuon Page 10 of 10 Revised 7/32007 DISCLOSURE STATEMENT POINT TO POINT Agenda Item 7 Page 9 Item #7 Point to Point Conditional Use Permit 1270 Diamond Springs Road District 2 Kempsville April 11, 2012 CONSENT An application of Point to Point for a Conditional Use Permit for truck and trailer rentals on property at 1270 Diamond Springs Road, District 2, Kempsville. GPIN: 14692011400000. CONDITIONS 1. There shall be no more than 4 trucks / trailers, no longer than 14 feet in length, parked on the site at any time. The vehicles shall be parked behind the shopping center in the designated parking spaces behind Units 112 though 116. 2. There shall be no repair, maintenance, washing or detailing of vehicles or trailers on the site. 3. 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. 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 I 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 Item #7 Point to Point Page 2 REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE By a vote of 9-0, the Commission approved item 7 by consent. Luther Smith appeared on behalf of the applicant. There was no opposition. y C,:nvr z r t:n uppos i t non to the fo Z Zawi-r . 989 and presented a petition rp appZicatio,r p from residents of (1Trdina7 Estates. Mr. Edwin Kellam appeared before City Council on behalf of the following application. On motion by Mr. Payne, seconded by Mr. FerrcZZ, anrZ by recorded vote as foZZows: Ayes: Mayor Frank A. Dusch, Vice Mayor Robert B. Cromwell, Jr., Albert L. Bonney, Sr., George R. Ferrell, D. Murray Malbon, John 1✓. McConrL;s, J. Curtis Payne, G, Dewey Simmons, Jr., Earl M. TebauZt, and Kenneth N. Whitehurst. Absent: Lawrence E. Marshall City Council approved the following application fox- a use dedications and City sewer or central on-sitEr ser;!er and theermit requirements of theject totSite Plan Ordinance. Application of Wedgewood Building Corporation for a Use Permit to construct a mobile home park on certain property located 120 feet E— as' tof Club House Road across from Hawk Avenue and East of Cardinal Estates, Sections 1 and 2, and running a distance of 1500 feet along the W stern property line (Eastern property line of Cardinal Estates, Sections 1 and 2) running a distance of 300 feet along the Northern property line, running a distance of 1635 feet along the Eastern property line, running a distance of 260 feet along the Southern Property line. (Cardinal Estates Area), PRINCESS ANNE BOROUGH. The Planning Commission recommends approval of this request subject to a dedication of 100 feet along the existing canal with an additional 50 -foot perpetual drainage easement adjacent to the 100 -foot dedication as requested, by the Director of the Department of Public Works. Approval is further subject to City sewer or central on-site sewer and the requirements of the Site Plan Ordinance. ITEM Mr. C. C. Carpenter appeared before City Council representing Carpenter Construction #985 Company on behalf of the foZZowing appZication. On motion by Mr. Simmons, seconded by Mr Malbon, and by recorded vote as follows: Ayes: Mayor Frank A. Dusch, Vice Mayor Robert B. Cromwell, Jr., Albert L George R. Ferrel Z, D. Murray MaZbon, John W. McCcmba, J. Curtis Payne, G. Simmons, Jr., EarZ M. TebauZt, and Kenneth ,N. Whitehurst. Absent: Lawrence E. Marshall Bonney, Sr., Dewey City Council denied the following application for a change of zoning and a use as this would constitute spot zoning and would be detrimental to the surrounding ermit property values and also interfere with the Seata.?k area Plans. Application of Carpenter Construction Co. , Inc, for a change of zoning from Multiple Family Residence District (R -M) to General Industrial District 1 (M -I 1) and a Use Permit for the storage and maintenance of construction equipment on certain property located 150 feet South of Hughes Avenue and 130 feet East of South Birdneck Road, running a distance of 540 feet along the Southern property line, running a distance of 350 feet along the Eastern property line, running a distance of 334 feet along the Northern property line, running a distance of 406 feet along the Western property line. (Seatack Area). LYNNHAVEN BOROUGH. The Planning Commission recommends denial of this request as this would constitute spot zoning and would be detriniental to the surrounding property values. ITEM On motion by Mr. Payne, secordad by Mr. Simmer:,, and by recorded vote as follows: #986 Ayes: Mayor Frank A. Dusch, Vice Mayor Robert B. Cromwell, Jr., Albert L. Bonney, Sr., George R. Ferrell, D. Murray lraZbon, John W. l.'cCnmh:;, J. Curtis Payne, G. Dewey Simmons, Jr_ Earl M. Tebazrlt, and Kenneth Al. :.4r.'tehurrt. Absent: Lawrence E. Marshrtll City Council approved the foZZor,zing Ordinanc,: npi;ointing viewers. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CHRISTY DEVORE-HOLLAND, Modification of Conditions attached to a Conditional Use Permit, approved by City Council on 10/27/1969, mobile home park, 1217 Hawk Avenue (GPIN 1495392667). ROSE HALL DISTRICT. MEETING DATE: May 22, 2012 ■ Background: A Conditional Use Permit permitting a mobile home park for this site was approved by the City Council on October 27, 1969. Mobile -homes within this park are located on condominium sites rather than fee -simple or leased pads, which is unique within the city. The applicant is requesting a Modification of the Conditional Use Permit for the purpose of allowing a conventionally -built dwelling on the condominium lot she owns. The applicant obtained a building permit for roofing and siding and to make repairs to a rotten wall in her mobile home. The mobile home was constructed in 1970. Once the applicant began the repairs to the walls of the mobile home, she discovered severe termite and mold damage to the mobile home. The applicant then proceeded to `dismantle' the mobile home and construct a conventional wood -frame "stick -built" structure on the site. Unfortunately, the applicant did not check with the Planning Department's Current Planning Division or Permits and Inspections Office prior to commencing the work. As a result, a Notice of Violation was issued, ceasing work on the structure prior to its completion. Without approval of this Modification to the 1969 Use Permit, the applicant will be required to replace the structure with a certified mobile home. ■ Considerations: The structure currently on the applicant's site is not permitted within a mobile -home park due to the fact that the structure, under the City Zoning Ordinance and the Building Code is classified as a single-family dwelling rather than a mobile home. The 2009 Virginia Construction Code (Part I of the Virginia Uniform Statewide Building Code) — effective March 1, 2011 — defines manufactured home as a structure subject to Federal regulation, which is transportable in one or more sections; is eight feet or more in width and 40 body feet or more in length in the traveling mode, or is 320 or more square feet when erected on site; is built on a permanent chassis; is designed to be used as a single-family dwelling, with or without a permanent foundation, when connected to the required utilities; and includes the plumbing, heating, air conditioning, and electrical systems contained in the structure. While not enforced by the City, the recorded condominium documents for this mobile home park state "All condominium units shown on said Plat shall be used for residential purposes. No structures shall be erected, altered, placed, or permitted to remain on any condominium unit other than one mobile home which meets the Christy Devore-Holland Page 2 of 2 requirements and approval of Tapo Mobile Home Association, INC". (Article One — A). The applicant, however, has permission from the condominium association to submit this Modification to the Use Permit. Staff finds the situation unique in that the applicant was attempting to make significant improvements to the mobile home, and did so with the intent of replicating the 'mobile home' appearance of the original unit. Due to the technical and legal definitions of a mobile home, however, the applicant must amend the Use Permit for the mobile home park to allow what, by definition, is a single-family dwelling. The dwelling being constructed by the applicant will be compatible to the surrounding dwellings and will have no detrimental impacts on the mobile home park. ■ Recommendations: 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: 1. All conditions attached to the Conditional Use Permit granted by the City Council on October 27, 1969 remain in effect with this exception pertaining to Unit 14, Lot 14A, of TAPO Mobile Home Condiminium. Unit 14, Lot 14A of the condominium may construct a dwelling unit in accordance with the specifications and standards of the Virginia Uniform Statewide Building Code. 2. The proposed dwelling shall not exceed 13 -feet 10 and 3/4inches in width and 78 -feet 3 -inches in length as depicted on the submitted physical survey entitled "Physical Survey of Unit 14, Lot 14A, TAPO MOBILE HOME CONDOMINIUM FOR CHRISTIE L. DEVORE", dated December 10, 2008, and prepared by John E. Sirine and Associates, LTD. Said plan has been exhibited to the City of Virginia Beach City Council and is on file in the Planning Department. 3. The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach Planning Department Permits and Inspections Division and obtain a Certificate of Occupancy from the Building Code Official before occupying the unit. ■ 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: k, ROSE HALL vial, a�-y C hristy i)evore-riollanu �• Al2 J s, '+2`, II hl Lr � -Zonirq wa�COMhbnAmH.n. q»n w. e0 -y. Modification of Conditions wimin naz-zFrwenY is zone ana lOt>TS a[ce Lm 11 April 11, 2012 Public Hearing APPLICANT AND PROPERTY OWNER: CHRISTY DEVORE HOLLAND STAFF PLANNER: Faith Christie REQUEST: Modification of Conditions attached to a Conditional Use Permit for a mobile -home park approved by the City Council on 10/27/1969 ADDRESS / DESCRIPTION: 1217 Hawk Avenue GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14953926670000 ROSE HALL 3,356 square feet Greater than 75 / APZ-2 APPLICATION HISTORY: The applicant appeared before the Planning Commission on May 13, 2009 to request a modification to the existing Conditional Use Permit for the mobile home park, Cardinal Estates. As described in the body of the report the applicant encountered several problems while trying to make needed repairs to her manufactured (mobile) home. One of the major issues encountered was obtaining the permission of the Condominium Association to have a conventionally built structure on the site. The applicant has obtained consensus with the Association and a letter of consent can be found at the end of this report. Several changes to certain codes and the Comprehensive Plan have occurred since the original preparation of this report and are noted in the body of the report. The definition of a manufactured (mobile) home changed slightly in March 2011. A new Comprehensive Plan was adopted in December 2009. CHRISTY DEVORE-HOLLAND Agenda Item 11 Page 1 SUMMARY OF REQUEST A Conditional Use Permit permitting a mobile home park was approved by the City Council on October 27, 1969. The Conditional Use Permit was approved subject to a dedication of 100 -feet along the existing canal (adjacent to the mobile home park) with an additional 50 -feet perpetual drainage easement adjacent to the 100 -foot dedication, installation of on-site sewer, and any further requirements of the site plan ordinance. Previous approvals include a Rezoning from A -R Agricultural to General Industrial 3 (M-1 3) and a Conditional Use Permit for a Mobile Home Park in April 1966, and a Rezoning from A -R Agricultural to General Industrial 3 (M-1 3) and a Conditional Use Permit for mobile home subdivision in July 1963. The applicant is requesting a modification of the existing Conditional Use Permit for the mobile home park to allow a conventionally built dwelling on the site. The applicant obtained a building permit for roofing and siding and to make repairs to a rotten wall in her mobile home. The mobile home was constructed in 1970. Once the applicant began the repairs to the walls of the mobile home, she discovered severe termite and mold damage to the mobile home. The applicant then proceeded to 'dismantle' the mobile home and construct a conventional "stick -built" structure on the site. Unfortunately, the applicant did not check with the Current Planning and Permits and Inspections offices to verify that this would be permitted. The applicant now requests this modification of the existing Conditional Use Permit to allow a conventionally built single-family dwelling on the site. The City Zoning Ordinance defines a mobile home as: A special form of one -family dwelling with the following characteristics: (a) Designed for long-term occupancy, and containing sleeping accommodations, a flush toilet, a tub or shower bath, and kitchen facilities, with plumbing and electrical connections provided for attachment to outside systems. (b) Designed to be transported after fabrication on its own wheels. (c) Arriving at the site where it is to be occupied complete, usually including major appliances and furniture, and ready for occupancy except for minor and incidental unpacking and assembly operations, location and provision of support on the site, connection with utilities and the like. (d) Intended to be used other than as a component in a structure two (2) or more stories in height. Under Section 238 of the City Zoning Ordinance the following uses are permitted in a mobile home park: (c) Permitted principal uses and structures are as follows: (1) One -family detached mobile homes; (2) Parks, playgrounds, community centers, and noncommercial recreational facilities, such as gold courses, shuffleboard courts, swimming pools, tennis courts, marinas, game rooms, libraries, and the like; (3) Structures and uses required for operation of a public utility, performance of a government function, or performance of any function necessary for the construction, operation or maintenance of the mobile home park. (d) Permitted accessory uses and structures. Uses and structures which are customarily accessory and clearly incidental and subordinate to permitted principal uses and structures, including approved storage facilities. CHRISTY DEVORE-HOLLAND 'Agenda Item 11 Page 2 The City Zoning Ordinance further states in Section 220 (g) with respect to Conditional Use Permits: Once the conditional use permit is activated by commencement of construction or use, then the general and specific conditions attached to the conditional use permit shall constitute additional zoning regulations and requirements for the site which to the extent of any conflict shall supersede the zoning district regulation. Notwithstanding anything in the zoning district regulations to the contrary, no uses other than those set forth in the conditional use permit and those uses accessory thereto shall be allowed on the site until (1) the conditional use is removed in its entirety from the site, or (2) the city council adopts an ordinance allowing modifications to the conditions or terminating the conditional use permit in whole or in part. The 2009 Virginia Construction Code (Part I of the Virginia Uniform Statewide Building Code) — effective March 1, 2011 — defines manufactured home as a structure subject to Federal regulation, which is transportable in one or more sections; is eight feet or more in width and 40 body feet or more in length in the traveling mode, or is 320 or more square feet when erected on site; is built on a permanent chassis; is designed to be used as a single-family dwelling, with or without a permanent foundation, when connected to the required utilities; and includes the plumbing, heating, air conditioning, and electrical systems contained in the structure. The standards for manufactured homes can be found in the Manufactured Home Construction and Safety Standards as promulgated by the United States Department of Housing and Urban Development. Additions, alteration or repairs made to manufactured (mobile) homes must be certified under the National Manufactured Housing Construction and Safety Standards Act of 1974, or must be designed and constructed to conform to the applicable provisions of the Act. Finally, while not enforced by the City, the recorded condominium documents for this mobile home park state "All condominium units shown on said Plat shall be used for residential purposes. No structures shall be erected, altered, placed, or permitted to remain on any condominium unit other than one mobile home which meets the requirements and approval of Tapo Mobile Home Association, INC'. (Article One — A). LAND USE AND ZONING INFORMATION EXISTING LAND USE: This is Unit 14, Lot 14A, of TAPO Mobile Home Condominium, adjacent to Cardinal Estates. A partially constructed single-family dwelling and two sheds exist on the site. SURROUNDING LAND North: USE AND ZONING: South: East: West: NATURAL RESOURCE AND CULTURAL FEATURES: • Mobile Home /A-12 Apartment • Mobile Home / A-12 Apartment • Hawk Avenue (private roadway) • Mobile Home / A-12 Apartment There are no natural resources or cultural features associated with the site. COMPREHENSIVE PLAN: Suburban Area CHRISTY DEVORE-HOLLAND Agenda Item 11 Page 3 The Comprehensive Plan contains policies to guide and protect the overall character, economic value, and aesthetic quality of the stable neighborhoods in 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. 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. There are no impacts to City Services. IMPACT ON CITY SERVICES EVALUATION AND RECOMMENDATION Recommendation: Staff recommends approval of this requested modification, as conditioned below. Evaluation: As this is a unique situation for the mobile home park, Staff is recommending approval of the request. It was not the applicant's intent to dismantle the mobile home previously occupying the site, but rather to make necessary improvements to the mobile home in the form of siding, roofing, and repairing a wall. Unfortunately, once the work began and the applicant discovered the extent of the termite and mold damage to the mobile home, it was demolished. The applicant then tried to rebuild a structure that mimics a mobile home in width, depth, and appearance, but technically, it cannot be considered a mobile home because (1) it does not meet the Zoning Ordinance or the Building Code definitions of a mobile home, (2) was not constructed according to the National Manufactured Housing Construction and Safety Standards Act of 1974, and (3) is a conventionally built structure adhering to Building Code practices. Staff finds the situation unique in that the applicant was attempting to make significant improvements to her dwelling, and did so with the intent of replicating the 'mobile home' appearance of the original dwelling unit. Due to the technical and legal definitions of a mobile home, however, the applicant must amend the Use Permit for the mobile home park to allow what by definition is a single-family dwelling. The dwelling being constructed by the applicant will be compatible to the surrounding dwellings and will have no detrimental impacts on the mobile home park. CONDITIONS All conditions attached to the Conditional Use Permit granted by the City Council on October 27, 1969 remain in effect with this exception pertaining to Unit 14, Lot 14A, of TAPO Mobile Home Condiminium. Unit 14, Lot 14A of the condominium may construct a dwelling unit in accordance with the specifications and standards of the Virginia Uniform Statewide Building Code. CHRISTY DEVORE-HOI Agenda I ?►N D �t 11 ge 4 2. The proposed dwelling shall not exceed 13 -feet 10 and 3/4inches in width and 78 -feet 3 -inches in length as depicted on the submitted physical survey entitled "Physical Survey of Unit 14, Lot 14A, TAPO MOBILE HOME CONDOMINIUM FOR CHRISTIE L. DEVORE", dated December 10, 2008, and prepared by John E. Sirine and Associates, LTD. Said plan has been exhibited to the City of Virginia Beach City Council and is on file in the Planning Department. 3. The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach Planning Department Permits and Inspections Division and obtain a Certificate of Occupancy from the Building Code Official before occupying the unit. 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. CHRISTY DEVORE-HOLLAND Agenda Item 11 Page 5 This is to certify that 1, on DECEMBER 10, 21 title lines and the walls of the buildings are as shown on this plat. The buildings stand strictly within the title lines and properly, except as shown. Signed: bALt surveyed the propej�iown on this plat. And that the iA 4 iA�►fli" k" other other buildings on the LA 045 RFS - 7M 6 J 6 ¢tea �? O SFCT/O^,C OCk/f FENCE ON LIN L7NkF N E / Cqn� METAL N26° W� SHED 7q'> , J F°`k' FSTgT 0 FNCOOO FS tB.3' R 3y 6g. kv / R FNCN7R •' FENCE POST ON R SRHAESOIE N o PROPERTY CORNER 3.3' METAL i SHED U 7.6 O 16.7' : 14A z a i ~ U y ♦ IT 0 13A N PAD m T IF u m a p M y °: M g Iv .a I w 3z �LL 1 A J 0.5' y 1.1' • I (TIE) FFN EODOFN v . L�_ \ as 0' . z HLL ELEC. BO% PROPANE O TANK b, m 15A !0 N 3 0' 13 F O "3 4.1 LIMITED RO Oc�U6yO�SF COMMON Qa ELEMENT t� hq/w . S2S• 90 � k01,S \ gNc'4FpR/�qT `�•F o NOo�s FSR so,�,q (/ Q�a NgcF4',q 'J NOTES F'�FiylFS 1. PROPERTY APPEARS TO FALL INSIDE ZONE AE (BASE FLOOD ELEV. = 8) AS SHOWN ON NATIONAL FLOOD INSURANCE PROGRAM MAP FOR THE CITY OF VA. BEACH DEC 5. 1996 COMM NO 515531 0039 E 2. THIS SURVEY WAS PREPARED WITHOUT THE BENEFIT OF A TITLE REPORT AND MAY OR MAY NOT SHOW ALL MATTERS OF TITLE AFFECTING PROPERTY SHOWN HEREON. PHYSICAL SURVEY OF UNIT 14, LOT 14A, TAPO MOBILE HOME CONDOMINIUM C r)Q (M. B. 161, P.8-10) PROPOSED SITE PLAN CHRISTY DEVORE-HOLLAND Agenda Item 11 Page 7 3 Dp DIJR NPT 10N ROSE HALL !-''h�•;oto- Tls����trs�_Anll�an t. W-2- AINO-ts, D 'Zoning with Conditions,ProNars, OpenA9odification of Conditions Pfoperty is located Space Promotion or PDH -2 Overlays within APZ-2 zone and >75 dB Ld ZONING HISTORY CHRISTY DEVORE-HOLLAND Agenda Item 11 Page 9 t OR OUR -1011001 7/8/63 Rezoning (A -R Agricultural to M-1 3 General Approved (Eastern Industrial) and a Conditional Use Permits 75 acres) (Mobile Home Subdivision and Sewage Approved 4/12/65 Lagoon) Rezoning (A -R Agricultural to M-1 3 General Approved 10/27/69 Industrial) and a Conditional Use Permit (Mobile Home Park) Conditional Use Permit (Mobile Home Park) ZONING HISTORY CHRISTY DEVORE-HOLLAND Agenda Item 11 Page 9 t OR OUR -1011001 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) Christy Devore 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) 9/16eck 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) heck here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes No If yes, what is the name of the official or employee and the nature of their interest? Modification of Conditions Application Page 10 of 11 Revised 7!3!07 DISCLOSURE STATEMENT CHRISTY DEVORE-HOLLAND Agenda Item 11 Page 10 11 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) ' "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. Z "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. 1 understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. c . e. Vo2c Applicant's Si ure Print Name Property Owner's Signature (if different than applicant) Modification of Conditions Application Page 11 of 11 Revised 713!2007 Print Name CHRISTY DEVORE-HOLLAND Agenda Item 11 Page 11 CONSENT TO HOLLAND APPLICATION Pursuant to a Meeting of the Members of TAPO Mobile Home Association, Inc. (the "Association"), a duly constituted Condominium Association, on February28, 2012 approval of the Modification of Conditions Application was granted to Christy and Johnnie Holland for the existing structure at 1217 Hawk Ave to be completed with the following conditions: 1. The proposed construction shall not exceed a single story; 2. The footprint of the structure shall not exceed 78'3" by 13'10.75", exclusive of siding; 3. No additional structures may be built on lot and Board approval is required before construction of any accessories (i.e. deck); 4. Any siding and covered footer must be approved by the Association; 5. All front and side yard setback requirements of City must be observed; 6. The applicant must complete the proposed construction within one year after the date of final approval from City of the Application; 7. The construction contemplated in this Application shall not otherwise alter the current zoning governing the remaining lots in the Association. Date: % Z©� 6•/ Set,rrT,oay T,PUM&Yd4folffe Association, Inc. By: �e Fi2�'y t✓. Gas rrt/.r..,/ ECr--T1'1F MAR 4 7 2012 G CHRISTY DEVORE-HOLLAND Agenda Item 11 Page 12 Item #11 Christy Devore-Holland Modification of Conditions 1217 Hawk Avenue District 3 Rose Hall April 11, 2012 CONSENT An application of Christy-Devore Holland for a Modification of Conditions attached to a Conditional Use Permit for a mobile -home park approved by City Council on October 27, 1969 on property located at 1217 Hawk Avenue, District 3, Rose Hall. GPIN: 1495-39-2667-0000. CONDITIONS 1. All conditions attached to the Conditional Use Permit granted by the City Council on October 27, 1969 remain in effect with this exception pertaining to Unit 14, Lot 14A, of TAPO Mobile Home Condiminium. Unit 14, Lot 14A of the condominium may construct a dwelling unit in accordance with the specifications and standards of the Virginia Uniform Statewide Building Code. 2. The proposed dwelling shall not exceed 13 -feet 10 and 3/4 inches in width and 78 -feet 3 -inches in length as depicted on the submitted physical survey entitled "Physical Survey of Unit 14, Lot 14A, TAPO MOBILE HOME CONDOMINIUM FOR CHRISTIE L. DEVORE", dated December 10, 2008, and prepared by John E. Sirine and Associates, LTD. Said plan has been exhibited to the City of Virginia Beach City Council and is on file in the Planning Department 3. The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach Planning Department Permits and Inspections Division and obtain a Certificate of Occupancy from the Building Code Official before occupying the unit. 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. AYE 9 NAY 0 ABS 0 ABSENT 2 BERNAS AYE FELTON AYE HENLEY ABSENT HODGSON AYE HORSLEY ABSENT LIVA AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE Item #11 Christy Devore-Holland Page 2 THORNTON AYE By a vote of 9-0, the Commission approved item 11 by consent. Christy Devore-Holland, the applicant, appeared before the Commission. There was no opposition. -43 - Item V K.4. PLANNING ITEM # 55328 (Continued) Voting: 8-3 Council Members Voting Aye: Harry E. Diezel, Vice Mayor Louis R. Jones, Richard A. Maddox, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: Robert M. Dyer, Meyera E. Oberndorf and Reba S. McClanan Council Members Absent: None June 13, 2006 -42 - Item V.K 4. PLANNING ITEM # 55328 (Continued) Upon motion by Councilman Reeve, seconded by Councilman Schmidt, City Council ADOPTED an Ordinance upon application of LBH, LLC for a Conditional Change of Zoning: APPLICATION OF LBH, LLC FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM AG -1 AND AG -2 TO CONDITIONAL R-10 WITH A PD -H2 PLANNED UNIT DEVELOPMENT DISTRICT OVERLAY AND B -1A LIMITED BUSINESS DISTRICT Z06061258 BE IT HERBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Application of LBH, LLC for a Change of Zoninz District Classification from AG -1 and AG -2 Agricultural District to Conditional R-10 Residential with a PD -H2 Planned Unit Development District Overlay and B- ]A Limited Business District on property located on the west side of Princess Anne Road, approximately 1,950 feet southwest of Sandbridge Road (GPINs 2404809627; 2403698016; 2403886753; 2403890088; 2403798068; 2403793035; 2414014092). The Comprehensive Plan designates this site as part of the Princess Anne Transition Area, suitable for residential uses developed in accordance with the Comprehensive Plan policies for this area. The purpose of this rezoning is to develop a residential neighborhood of mixed unit types and a restaurant. DISTRICT 7 — PRINCESS ANNE The following condition shall be required: 1. Agreements encompassingproffers shall be recorded with the Clerk of the Circuit Court and is hereby made a part of the record This Ordinance shall be effective in accordance with Section 107 () of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Thirteenth of June Two Thousand Six. June 13, 2006 -41 - Item V.K.4. PLANNING ITEM # 55328 The following registered in SUPPORT: Attorney R. E. Bourdon, Pembroke Office Park — Building One, 281 Independence Boulevard, Fifth Floor, Phone: 499-8971, represented the applicant, and advised "Sherwood Lakes " is a Conditional Rezoning of seven (7) parcels, slightly less than 240 acres of land, none of which is located in the aircraft Noise Zone. The northern property lines adjoin the Highgate Greens and Three Oaks neighborhoods as well as City owned property (Three Oaks Elementary School and a 37 -acre public park is under design). The LBH property currently contains two (2) large industrial sign mines or borrow pits. This proposal seeks to redevelop the two hundred forty (240) acres into a unique upscale intergenerational community,featuring two (2) recreational lakes and over one hundred twenty (120) acres in size, and more than 55 acres of green space in an open space outside of the lakes, with over 3 - ?miles of multi-purpose trail for public use (including equestrian use). The plan includes dedication to Parks and Recreation of 4.3 acres of land, located at the northeastern corner, which is intended to become a Park. Attorney Bourdon referenced his correspondence of June 9, 2006, which is hereby made apart of the record. Joe Pulley, 4828 Gatwick Drive, Phone: 467-9292, represented the applicant, met with representatives of Virginia Department of Game and Inland Fisheries and conducted water quality tests, which were favorable. Mr. Pulley will continue to work closely with the representatives to ensure a superb fishing and boating public amenity. Gene Hansen, 2313 Sandfiddler Road, Phone: 721-6736, former member — of the Transition Area Technical Advisory Committee (TA TAQ. Mr. Hansen expressed appreciation for the recreational facility contained within the project (without cost to the City). The following registered in OPPOSITION: Carolyn Castleberry, 2381 Upper Greens Place, Phone: 427-5924, resident of Highgate Greens. Ms. Castleberry expressed concern relative increased traffic and the safety of children. Bernard J. Byrne, 2728 Esplanade Court, Phone: 430-0571, advised the application was a deliberate effort to circumvent the Transition Area Guidelines. Scott Lovell, 2641 Lower Greens Place, Phone: 427-2429 (Home), 466-9608 (Work), represented the Highgate Greens Home Owners Association, and advised Sherwood Lakes does not meet the Transition Area Guidelines. Melinda Brown, 1867 Malbon Road, Phone: 377-9854, and advised Sherwood Lakes does not meet the Transition Area Guidelines (one developable unit per acre), nor comply with the Comprehensive Plan. The application more than doubles the allowed density in the area. Marilyn Danner, 2601 West Landing Road, Phone: 426-7390, advised of rampant development, without improvement to the roads. Cheryl Adams, 208 McNelly Lane, Phone: 430-8398, resident of Highgate Greens. The application does not comply with zoning density and impacts over -burdened services, such as roads and schools. Laura Sisino 2821 Seaboard Road, Phone: 689-2600. The application does not comply with the Transition Area guidelines. Ms. Sisino distributed petition in OPPOSITION, which is hereby made a part of the record. Herb Jones, 2313 Sandpiper Road, Phone: 721-1103, spoke relative the negative impacts of increased density. The application does not comply with the Transition Area guidelines nor the Comprehensive Plan Kellie Prince, 2808 Country Place, Phone: 689-8124, recently left California because of density. Jonathan Priest, 7335 Shirland Avenue, Phone; 749-0886, represented the Back Bay Restoration Foundation. Sherwood Lakes has serious issues with the interpretation of the Transition Area's Development Plan. June 13, 2006 V •POO C W: 4d 400V h OC , S� w. sae g•� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: HOME ASSOCIATES OF VIRGINIA, INC., Modification of a Conditional Change of Zoning, Princess Anne Road and Locksley Arch (2117 Locksley Arch) (GPIN 2403985842). PRINCESS ANNE DISTRICT. MEETING DATE: May 22, 2012 ■ Background: The Conditional Rezoning from AG -1 and AG -2 Agricultural District to R -5S Residential District (PD -1-12 Overlay), R-7.5 Residential District (PD -1-12 Overlay), A-12 Apartment District (PD -1-12 Overlay), and B -1A Business District was approved by the City Council on June 13, 2006. This Conditional Rezoning was approved with three separate proffer agreements; one for the residential development, one for the commercial retail are, and one for the restaurant. The applicant is requesting to modify Proffer 3 of the Conditional Rezoning proffers that pertain to the retail commercial area of the development. That proffer is currently worded as follows: The only uses which shall be permitted on the Property shall be: a. Retail establishments; b. Specialty shops; c. Personal service establishments to include spas; d. Art galleries; e. Florists, gift shops, stationary stores. The applicant is requesting modification of the proffer by adding several more uses to the list, thus allowing a wider selection of commercial uses. All other proffers will remain the same. ■ Considerations: The proposed Modification to the Proffer 3 of the Conditional Zoning Agreement for the retail center will add a wider selection of commercial uses that are intended to serve the immediately surrounding community. This Modification is consistent with the land use policies of the Comprehensive Plan. The type of proposed retail uses being added does not change the layout design or the building elevations proffered in the original application. The request is also in keeping with the intent of the Transition Area Design Guidelines insofar as commercial development should be considered as neighborhood service centers. The applicant's proposal meets that guideline. Home Associates of Virginia, Inc. Page 2 of 3 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: PROFFER 1: Proffer numbered 3 as contained in the 2008 Proffers recorded in the above referenced Clerk's Office as Instrument Number 20090630000767310 is hereby deleted and replaced with the following: 3. The only uses which shall be permitted in that portion of Parcel Y-1 -B zoned B- 1 A shall be: (a) Retail establishments; (b) Specialty shops; (c) Personal service establishments to include spas; (d) Art galleries; (e) Florists, gift shops, stationary stores; (f) Business offices, studios and clinics; (g) Medical and dental offices and clinics; (h) Bakeries, confectionaries and delicatessens, provided that products prepared or processed on the premises shall be sold only at retail and only on premises; and (i) Eating and drinking establishments without drive-thru windows. PROFFER 2: Except as expressly modified herein, all of the proffers, covenants, restrictions and conditions contained in the 2008 Proffers remain in full force and effect. ■ 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 . . RMCESS CCC ANNE WP Home Associates of Virginia, Inc. SITE SIZE: AICUZ: G B1A' 3.599 acres Less than 65 dB DNL P1' 'AG2 Ri8� / �R92 AG1 /baa , AG2 AGI AG2 ti3o* ' L,3 Sps.Pramaab. erPM: Q+rN,. Modification of Conditions 2 April 11, 2012 Public Hearing APPLICANT / PROPERTY OWNER: HOME ASSOCIATES OF VIRGINIA, INC. STAFF PLANNER: Karen Prochilo REQUEST: Modification of Conditional Change of Zoning approved by the City Council on June 13, 2006 and modified on June 24, 2008. ADDRESS / DESCRIPTION: 2117 Locksley Arch GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 24039858420000 PRINCESS ANNE 3.599 acres Less than 65 dB DNL SUMMARY OF REQUEST The Conditional Rezoning from AG -1 and AG -2 Agricultural District to R -5S Residential District (PD -H2 Overlay), R-7.5 Residential District (PD -H2 Overlay), A-12 Apartment District (PD -H2 Overlay), and B -1A Business District was approved by the City Council on June 13, 2006. This Conditional Rezoning was approved with three separate proffer agreements; one for the residential development, one for the commercial retail and one for the restaurant. The Conditional Rezoning for the entire development has been previously modified twice. The first modification was approved on June 24, 2008 to relocate the commercial sites along Princess Anne Road and have vehicular access from the main entrance road of the Sherwood Lakes residential development rather than directly off Princess Anne Road. The second modification approved on January 26, 2010 was to allow the substitution of the age -restricted units for standard townhomes and one single-family dwelling, all of which are unrestricted by age. This commercial property was affected by only the first modification. The applicant is requesting to modify Proffer 3 of the Conditional Rezoning which is currently worded as follows: HOME ASSOCIATES OF VIRGINIA, INC. Agenda Item 2 Page 1 PROFFER 3: The only uses which shall be permitted on the Property shall be: a. Retail establishments; b. Specialty shops; c. Personal service establishments to include spas; d. Art galleries; e. Florists, gift shops, stationary stores. Proffer 3 limits the permitted uses on the Property, and is requested for modification to allow a wider selection of commercial uses. All other proffers will remain the same. LAND USE AND PLAN INFORMATION EXISTING LAND USE: Undeveloped site. SURROUNDING LAND North: . Locksley Arch USE AND ZONING: • Undeveloped commercial site & open space / B -1A Limited Business District & P-1 Preservation District South: . Undeveloped agricultural land and borrow pit / AG -1 & AG -2 Agricultural District East: . Princess Anne Road • Cultivated fields and rural residential (one ARP property) / AG - 1 & AG -2 Agricultural Districts West: . Residential Development under construction • Single-family homes / R-10 Residential District NATURAL RESOURCE AND There are trucks on the site to access the adjacent residential CULTURAL FEATURES: development currently under construction. This site has been extensively disturbed as part of the development of the residential community.. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area of the City as Transition Area. The Transition Area is strategically located between the more urbanized region of the City to the north and the rural area to the south. The planning principles for the Transition Area are reinforced by the Transition Area Design Guidelines (TADG, 2003). Commercial development within the Transition Area should be thought of as neighborhood serving centers. Development within the Transition Area doesn't allow for big box commercial establishments. CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Princess Anne Road in the vicinity of this application is a two-lane minor suburban arterial with a variable -width right of way. The Master Transportation Plan shows a four -lane divided parkway with a 135 -foot right-of-way width. There are currently no CIP projects scheduled for this section of Princess Anne Road. HOME ASSOCIATES OF VIRGINIA, INC. Agenda Item 2 Page 2 TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Princess Anne 12,280 ADT 13,600 ADT (Level of Existing Land Use — Road (2011) Service "C") 2,758 ADT 15,000 ADT' (Capacity 251 peak hours / Level of Service "D") Proposed Land Use 3— No 16,200 ADT' (Level of change. Service "E" Average Daily Trips 2 as defined by 25,000 SF retail 3 as defined by 25,000 SF retail The original Traffic Impact Study (TIS), which was approved by I rafrlc Engineering in 2-006, 1[1Uuu Gu CH estimate of the trips generated by the proposed retail development that was originally shown at a northern entrance to Sherwood Lakes. A revision to the trip generation table was submitted in August 2009 that shifted the retail site to this currently proposed location. The size of the proposed retail development remained unchanged from the originally proposed 25,000 SF of retail space. The currently proposed modification does not indicate the intended total square footage of the proposed retail development, and thus Traffic Engineering assumed that the original proposal of 25,000 SF is applicable, and has based this review on that assumption. The TIS submitted in 2006 stated that a traffic signal is warranted by the proposed development at the main entrance from Princess Anne Road into Sherwood Lakes. These warrants are unaffected by the changes in use, and the planned traffic signal should still be installed. The traffic signal bond amount required to be posted for this development similarly is unaffected by this change. WATER and SEWER: The site us currently connected to City water and City sanitary sewer. FIRE: No comments at this time. EVALUATION AND RECOMMENDATION The proposed modification to the proffer agreement for the retail center will add a wider selection of commercial uses that are intended to serve the immediately surrounding community. This modification is consistent with the land use policies of the Comprehensive Plan. The type of proposed retail uses being added does not change the layout design or the building elevations proffered in the original 2006 application. This request is in keeping with the intent of the Transition Area Design Guidelines insofar as commercial development should be thought of as neighborhood service centers. Staff recommends approval of this request with the submitted proffers provided below. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve HOME ASSOCIATES OF VIRGINIA, -INC. Agenda Item 2 Page 3 as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: Proffer numbered 3 as contained in the 2008 Proffers recorded in the above referenced Clerk's Office as Instrument Number 20090630000767310 is hereby deleted and replaced with the following: 3. The only uses which shall be permitted in that portion of Parcel Y-1-13 zoned B -1A shall be: (a) Retail establishments; (b) Specialty shops; (c) Personal service establishments to include spas; (d) Art galleries; (e) Florists, gift shops, stationary stores; (f) Business offices, studios and clinics; (g) Medical and dental offices and clinics; (h) Bakeries, confectionaries and delicatessens, provided that products prepared or processed on the premises shall be sold only at retail and only on premises; and (i) Eating and drinking establishments without drive-thru windows. PROFFER 2: Except as expressly modified herein, all of the proffers, covenants, restrictions and conditions contained in the 2008 Proffers remain in full force and effect. STAFF COMMENTS: The proffers listed above are acceptable. The City Attorney's Office has reviewed the proffer agreement dated January 27, 2012, and found it to be legally sufficient and in acceptable legal form. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Change of Zoning are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. HOME ASSOCIATES OF VIRGINIA, INC. Agenda Item 2 Page 4 AERIAL OF SITE LOCATION HOME ASSOCIATES OF VIRGINIA, INC. Agenda Item 2 Page 5,-J.1 Qr `` Z PROPOSED COMMERCIAL SITE 8FA HOME ASSOCIATES OF VIRGINIA, INC. Agenda Item 2 Page 6 '�,p �Yr• � N'ti I U 0 4 0 0 z z 'p 0 J CY Q m � (L J x 0 3 W Y) 0 0� r HOME ASSOCIATES OF VIRC Age PRINCESS ANNE AIapK-13 HnmP AQQnrIatPC of Virginia_ Int ivut w Deme W 11 '�l B1A* P1*i AG1 coning wan conmrnonsrrrorrers. open Space Promotion or PDH -2 Overlays * P1* AG2 AG2 Modification of Conditions ZONING HISTORY .. 'P .4FF �Ff -.FF AG1 ` 41 # DATE REQUEST ACTION 1 06/13/2006 Conditional Rezoning (AG-1/AG-2 to R10 w/ PDH -2 overlay and B -1A Granted 2 09/27/2005 Conditional Use Permit Borrow Pit Granted 3 02/24/2004 Conditional Rezoning (AG-1/AG-2 to R30 w/ PDH -2 overlay) Granted 4 04/27/1999 Conditional Use Permit Fraternal Organization) Granted HOME ASSOCIATES OF VIRGINIA, INC. Agenda Item 2 Page 8 ?' _. T V b-04 C.01MO A O O O V_ FM_11 DISCLOSURE STATEMENT 11 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) Homes Associates of Virginia, Inc.: James M. Arnhold, Chairman; Robert L. Prodan, II, President; Brenda Caruana, Vice President 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) E]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 entityZ relationship with the applicant: (Attach list if necessary) Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes Does an official ore� loyee of �the City of Virginia Beach have an interest in the subject land? Yes JL No tv l If yes, what is the name of the official or employee and the nature of their interest? Modification of Conditions Application Page 10 of 11 Revised 7/3/07 DISCLOSURE STATEMENT HOME ASSOCIATES OF VIRGINIA, INC. Agenda Item 2 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) Edward Bourdon, Esquire - Sykes, Bourdon, Ahem & Levy MSA, P.C. BUT p Land Planning Solutions ' "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. Robert L. Prodan, II, President Applicant's Signatti� 1 Print Name Property Owner's Signature (if different than applicant) Print Name Modification of Conditions Application Page 11 of 11 Revised 7132007 DISCLOSURE STATEMENT HOME ASSOCIATES OF V{RGINIAV SNC. , Agenda Item 2 Page 10 Item #2 Home Associates of Virginia, Inc. Modification of a Conditional Rezoning Princess Anne Road and Locksley Arch 2117 Locksley Arch District 7 Princess Anne April 11, 2012 CONSENT An application of Home Associates of Virginia, Inc. for a Modification of Conditional Change of Zoning approved by City Council on June 13, 2006 and modified on June 24, 2008 on property located at 2117 Locksley Arch, District 7, Princess Anne. GPIN: 2403-98-5842-0000. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER I: Proffer numbered 3 as contained in the 2008 Proffers recorded in the above referenced Clerk's Office as Instrument Number 2009063 00007673 10 is hereby deleted and replaced with the following: 3. The only uses which shall be permitted in that portion of Parcel Y -1-B zoned 13-1A shall be: (a) Retail establishments; (b) Specialty shops; (c) Personal service establishments to include spas; (d) Art galleries; (e) Florists, gift shops, stationary stores; (f) Business offices, studios and clinics; (g) Medical and dental offices and clinics; (h) Bakeries, confectionaries and delicatessens, provided that products prepared or processed on the premises shall be sold only at retail and only on premises; and (i) Eating and drinking establishments without drive-thru windows. PROFFER 2: Except as expressly modified herein, all of the proffers, covenants, restrictions and conditions contained in the 2008 Proffers remain in full force and effect. Item #2 Home Associates of Virginia, Inc. Page 2 STAFF COMMENTS: The proffers listed above are acceptable. The City Attorney's Office has reviewed the proffer agreement dated January 27, 2012, and found it to be legally sufficient and in acceptable legal form. NOTE. Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/ Development Services Center and Department of Planning /Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Change of Zoning are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. By a vote of 9-0, the Commission approved item 2 by consent. Eddie Bourdon spoke 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 2 by consent. Eddie Bourdon spoke on behalf of the applicant. There was no opposition. U 2 �S a_N . S OUR NPT In Reply Refer To Our File No. DF -8307 TO: Mark D. Stiles FROM: B. Kay Wilsor� CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: May 10, 2012 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; Home Associates of Virginia, Inc. The above -referenced conditional zoning application is scheduled to be heard by the City Council on May 22, 2012. 1 have reviewed the subject proffer agreement, dated January 27, 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 SECOND AMENDMENT TO PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS HOME ASSOCIATES OF VIRGINIA, INC., a Virginia corporation TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 27th day of January, 2012, by and between HOME ASSOCIATES OF VIRGINIA, INC., a Virginia corporation, 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 Princess Anne District of the City of Virginia Beach, containing 3.599 acres and described in Exhibit "A" attached hereto and incorporated herein by this reference (the "Property"); and WHEREAS, the Grantor has initiated a modification to a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by Petition addressed to the Grantee so as to modify a condition applicable to that 2.305 acre portion of the Property that is zoned Conditional B -1A Commercial District; and WHEREAS, the Grantor has requested the Grantee to permit this modification of proffer numbered 3 contained in the First Amendment to Proffered Covenants, Restrictions and Conditions dated February 28, 2008 and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20080630000767310 (hereinafter "2008 Proffers") to include additional permitted uses; and GPIN: 2403-98-5842-0000 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 Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the Grantor's proposed rezoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, 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 d pro duo for zoning, rezoning, site plan, building permit, or subdivision -quiapproval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. Proffer numbered 3 as contained in the 2008 Proffers recorded in the above referenced Clerk's Office as Instrument Number 20080630000767310 is hereby deleted and replaced with the following: 3. The only uses which shall be permitted in that portion of Parcel Y -1-B zoned B -1A shall be: (a) Retail establishments; (b) Specialty shops; (c) Personal service establishments to include spas; 2 (d) Art galleries; (e) Florists, gift shops, stationary stores; (f) Business offices, studios and clinics; (g) Medical and dental offices and clinics; (h) Bakeries, confectioneries and delicatessens, provided that products prepared or processed on the premises shall be sold only at retail and only on premises; and (i) Eating and drinking establishments without drive-thru windows. 2. Except as expressly modified herein, all of the proffers, covenants, restrictions and conditions contained in the 2oo8 Proffers remain in full force and effect. All references hereinabove to the B -1A Commercial Zoning District and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 195o, 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, 3 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 Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantor and the Grantee. M WITNESS the following signature and seal: Grantor: Home Associates of Virginia, Inc., a Virginia corporation By: )(SEAL) Robert L odan, II, President STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this 31St day of January, 2012, by Robert L. Prodan, II, President of Home Associates of Virginia, Inc., a Virginia corporation, Grantor. ,, Notary Public r My Commission Expires: PJD 2� � 3 Notary Registration Number: � `'l (fir I ( ° ' a ^ Powers V)9,616 Ec. ¢f Virginia roc rcbuso 28,2013 EXHIBIT "A" LEGAL DESCRIPTION PARCEL Y -1-B: ALL THAT certain lot, piece or parcel of land, together with the improvements thereon and the appurtenances thereunto belonging, situate in the Princess Anne District of the City of Virginia Beach, Virginia, and being shown and designated as PARCEL "Y-1-13". 156,768 sq. Ft. or 3.599 Ac., on that certain plat entitled "SUBDIVISION OF PARCELS X-1, Y-1, OPEN SPACE 1-A (INSTR. NO. 200907270oo86762o) AND PARCEL C -C1 (INSTR. NO. 20090819000978400) SHERWOOD LAKES VIRGINIA BEACH, VIRGINIA", prepared by MSA, P.C., dated July 8, 2010, recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number 20110203000122900, which plat is hereby made for a more particular description of said property. GPIN: 2403-98-5842-0000 AM\Mod of Proffers\HomeAssociatesofVirginia\Sherwood Lake 2012\2nd Amendment to Proffers.doc L. APPOINTMENTS ARTS and HUMANITIES COMMISSION BEACHES AND WATERWAYS COMMISSION BIKEWAYS and TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS COMMUNITY SERVICES BOARD MINORITY BUSINESS COUNCIL PARKS and RECREATION COMMISSION PUBLIC LIBRARY BOARD TOWING ADVISORY BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT CITY COUNCIL RETREAT Friday, August 3, 2012 Economic Development Conference Room 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 Agenda 05/22/2012gw Memorial Day Independence Day Labor Day Veteran's Day Thanksgiving Day Day After Thanksgiving Christmas Eve (half-day) Christmas Day CITY OF VIRGINIA BEACH CERTIFICATION OF CLOSED CERTIFIED 11-0 Y Y Y Y Y Y Y Y SUMMARY OF COUNCIL ACTIONS Y Y V/ E SESSION DATE: 5/8/2012 F MINUTES APPROVED 11-0 Y Y Y Y D Y Y Y Y Y S INFORMAL and FORMAL SESSIONS PAGE: 1 E D H E W D S I E J S U I AGENDA A T E D N O M S H L W SUBJECT MOTION VOTE V E Z Y L N O O R S O I P E E E E S M 1 O O E S H L R Y S S S N N D I/IUIIUIV/ CERTIFICATION OF CLOSED CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y V/ E SESSION F MINUTES APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y INFORMAL and FORMAL SESSIONS April 10, 2012 SPECIAL FORMAL SESSION/PUBLIC HEARING April 18, 2012 INFORMAL and FORMAL SESSIONS April 24, 2012 G/H/1 PUBLIC HEARINGS REAL ESTATE TAX RATE (Proposed 28 SPEAKERS increase of 6¢) 2 INSTALLMENT PURCHASE NO SPEAKERS AGREEMENT (ARP) Head of River Road 3 LEASE OF CITY -OWNED PROPERTY NO SPEAKERS 2"d Street and Atlantic Avenue I/l/a FY 2012-2013 Resource Management ADOPTED 8-3 Y N Y N Y Y N Y Y Y Y Plan A OPTION NUMBER ONE: The MayorNice Mayor's Reconciled Proposed Ordinances: a APPROPRIATIONS FY Operations of $1,767,701,362 b ESTABLISH levy on Real Estate Taxes for the Fiscal Year from 89¢ to 95¢ per $100 assessed valuation c ESTABLISH tax levy on Personal Property/Machinery/Tools for Calendar Year 2013 d AUTHORIZE an Annual Funding Plan for HUD e DECLARE $7 -Million within Sandbridge Tax Increment Financing District as Surplus f COMPLETE City's financial obligations with Lynnhaven Mall Development Agreement/ DISSOLVE Lynnhaven Mall Tax Increment Financing Fund g AMEND the City Code re sanitary sewer service water tap sizes h AMEND City Code to ADD §§8-37/33-72 ESTABLISHING a Technology Fee of $5 for certain permits CITY OF VIRGINIA BEACH IMPLEMENT the FY 2012-13 Capital ADOPTED 8-3 Y N Y N Y Y N Y SUMMARY OF COUNCIL ACTIONS Y Y Budget: DATE: 5/8/2012 a AUTHORIZE the FY 2013-2018 D S CIP/APPROPRIATE $277,566,687 for PAGE, 2 E D H E W D S I E J S U I AGENDA A T E D N O M S H L W ITEM # SUBJECT MOTION VOTE 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 IMPLEMENT the FY 2012-13 Capital ADOPTED 8-3 Y N Y N Y Y N Y Y Y Y Budget: a AUTHORIZE the FY 2013-2018 CIP/APPROPRIATE $277,566,687 for FY 2013 Capital Budget b AUTHORIZE issuance of GO Public Improvement Bonds of $67.7 -Million for public facilities/general improvements c AUTHORIZE issuance of Water/Sewer System Revenue Bonds of $27 -Million d REALIGN revenues of the Roadways CIP 2/a Ordinances to AMEND the City Code: ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y CONSENT §§16-22.2/16-12.4/16-12.9 re enforcement of Residential Rental Inspection Districts b §23-58(f)(6) re Commercial Parking Lots 3 Ordinance to AUTHORIZE acquisition of ADOPTED, BY 9-1 Y A Y Y Y Y N Y Y Y Y ARP Easement to Barry D./Paula W. CONSENT B Knight of $184,652 at Head of River Road S T A I N E D 4 Ordinance to AUTHORIZE a Lease with ADOPTED, BY 9-1 Y Y Y Y Y Y N Y A Y Y renewal options between CBM Co t/a CONSENT B Schooner Inn and the City for property at S 2,d Street and Atlantic Avenue T A I N E D 5 A Resolution to SUPPORT an application ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y to the Virginia Department of Conservation CONSENT and Recreation for a Recreational Trails Program Grant in the amount of $189,400 re acquisition at the Lake Lawson/Lake Smith Natural Ar 6/a Ordinances to ACCEPT and ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y APPROPRIATE: CONSENT $60,193 Grant HUD to the FY 2012 Budget of Housing and Neighborhood Preservation re Emergency Homeless Assistance CITY OF VIRGINIA BEACH $606,500 from School Site Landscaping to SUMMARY OF COUNCIL ACTIONS Parks/Recreation: DATE: 5/8/2012 1) Playground safety improvements at ten D S (10) sites $151,500 PAGE: 3 E D H E W D S I E J S U I AGENDA A T E D N O M S H L W ITEM # SUBJECT MOTION VOTE 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 b $606,500 from School Site Landscaping to Parks/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 Reserve to General Registrar's FY -12 Budget re Republic Party Primary Senatorial Election J/1 OCEAN RENTAL PROPERTIES, LLC, APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y Enlargement of a Non -Conforming Use to CONDITIONED, BY CONSENT allow single family dwellings at 403 16" Street (DISTRICT 6 —BEACH) 2 B.C. INVESTMENTS, LLC/RCC MODIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y SALEM LAKES II/LLC/SALEM PROFFERS/ CONDITIONS, LAKES II, LLC for Modification of BY CONSENT Proffers/CUP (Approved by City Council October 27, 1998) re mini -/self -storage, at Salem Road/Salem Lakes Blvd. (DISTRICT 1-CENTERVILLE) 3 BILLY W. CHAPLAIN, Modification of MODIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y Proffer No.I/Condition No. 7 of a CUP for PROFFER NO. 1 AND Bulk Storage (approved August 14, CONDITIONED, 2001)/new CUP for Auto/Small Engine BY CONSENT Repair at 849/853 Virginia Beach Boulevard (DISTRICT 6 —BEACH) 4 CORNERSTONE BIBLE CHURCH, APPROVED/ I1-0 Y Y Y Y Y Y Y Y Y Y Y INC/KROLL ENTERPRISES CUP CONDITIONED, BY CONSENT re church at 2180 McComas Way (DISTRICT 7 -PRINCESS ANNE) 5 SENTARA HOSPITALS/MPB, INC., for APPROVED AS 11-0 Y Y Y Y Y Y Y Y Y Y Y a COZ from A-12 and R-15 to Conditional PROFERED, BY CONSENT 0-2 at 800/ 816 Independence Boulevard. (DISTRICT 4-BAYSIDE) 6 CITY for Street Closure re portion of r -o -w APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y of Holly Road at Laskin Road(DISTRICT 6 CONDITIONED, BY CONSENT —BEACH) CITY OF VIRGINIA BEACH APPOINTMENTS RESCHEDULED B Y C O N S E N SUMMARY OF COUNCIL ACTIONS U S BIKEWAYS and TRAILS ADVISORY DATE: 5/8/2012 COMMITTEE D S BOARD OF BUILDING CODE APPEALS PAGE: 4 E D H E W D S I E J S U I AGENDA A T E D N O M S H L W ITEM # SUBJECT MOTION VOTE 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 K APPOINTMENTS RESCHEDULED B Y C O N S E N S U S BIKEWAYS and TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS BOARD OF ZONING APPEALS COMMUNITY SERVICES BOARD MINORITY BUSINESS COUNCIL TOWING ADVISORY BOARD ARTS and HUMANITIES COMMISSION Reappointed 11-0 Y Y Y Y Y Y Y Y Y Y Y 4 -Yr Term 7/1/12- 6/30/16 Carolyn S. Garrett Martha McClees Appointed 4 -Yr Term 7/1/12- 6/30/16 Laura A. Nguyen BAYFRONT ADVISORY COMMISSION Reappointed 11-0 Y Y Y Y Y Y Y Y Y Y Y 3 -Yr. Term 7/1/12-6/30/15 James M. Amhold Scott Ayers Norman Carrick Charles Faison, Jr. Charles R. Malbon, Jr. David S. Redmond Stacey Patrick BOARD OF ZONING APPEALS Appointed 11-0 Y Y Y Y Y Y Y Y Y Y Y Unexpired thru 12/31/14 Thomas Holland HAMPTON ROADS PLANNING Reappointed 11-0 Y Y Y Y Y Y Y Y Y Y Y DISTRICT COMMISSION 2 -Yr. Term 7/1/12/-6/30/14 Harry E. Diezel Louis R. Jones John E. Uhrin MINORITY BUSINESS COUNCIL Reappointed 11-0 Y Y Y Y Y Y Y Y Y Y Y 2 -Yr. Term 6/1/12-5/31/14 Carla Bailey Linda M. Bright Amma A. N. Guerrier Byron D. Williams CITY OF VIRGINIA BEACH SOCIAL SERVICES BOARD Reappointed 11-0 Y Y Y Y Y Y Y Y SUMMARY OF COUNCIL ACTIONS Y Y 4 -Yr. Term DATE: 5/8/2012 7/1/12-6/30/16 D S Robert M. PAGE: 5 E D H E W D S I E J S U I AGENDA A T E D N 0 M S H L W [TEM # SUBJECT MOTION VOTE V E Z Y L N 0 0 R S 0 Y I P E E E E S M I 0 0 S H L R Y S S S N N D CITY COUNCIL WORKSHOP AUGUST 7, 2012 CANCELLED City Council invites ALL citizens to participate in your NEIGHBORHOOD NATIONAL NIGHT OUT CITY COUNCIL RETREAT Friday, August 12, 2012 Economic Development Conference Room 2012 CITY HOLIDAYS Monday, May 28 Memorial Day Wednesday, July 4 Independence Day Monday, September 3 Labor Day Monday, November 12 Thursday, November 22 Friday, November 23 Monday, December 24 Tuesday, December 25 Veteran's Day Thanksgiving Day Day After Thanksgiving Christmas Eve (half-day) Christmas Day SOCIAL SERVICES BOARD Reappointed 11-0 Y Y Y Y Y Y Y Y Y Y Y 4 -Yr. Term 7/1/12-6/30/16 Robert M. Beardsworth Martha McClees TRANSPORTATION DISTRICT Reappointed 11-0 Y Y Y Y Y Y Y Y Y Y Y COMMISSION OF HAMPTON ROADS 2 -Yr. Term 7/1/12-6/30/14 John E. Uhrin James L. Wood ADJOURNMENT 8:07 PM PUBLIC COMMENT — 8:10-8:17 PM 2 SPEAKERS CITY COUNCIL WORKSHOP AUGUST 7, 2012 CANCELLED City Council invites ALL citizens to participate in your NEIGHBORHOOD NATIONAL NIGHT OUT CITY COUNCIL RETREAT Friday, August 12, 2012 Economic Development Conference Room 2012 CITY HOLIDAYS Monday, May 28 Memorial Day Wednesday, July 4 Independence Day Monday, September 3 Labor Day Monday, November 12 Thursday, November 22 Friday, November 23 Monday, December 24 Tuesday, December 25 Veteran's Day Thanksgiving Day Day After Thanksgiving Christmas Eve (half-day) Christmas Day