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HomeMy WebLinkAboutOCTOBER 23, 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. DAVIS, 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 E. UHRIN, Beach — District 6 ROSEMARY WILSON, At -Large JAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL APPOINTEES CITY MANAGER — JAMES K. SPORE CITY ATTORNEY — MARK D. STILES CITY ASSESSOR — JERALD D. BANAGAN CITY AUDITOR — LYNDON S. REMIAS CITY CLERK — RUTH HODGES FRASER, MMC CITY COUNCIL'S BRIEFINGS CITY COUNCIL AGENDA 23 OCTOBER 2012 - Conference Room - A. OLD DOMINION UNIVERSITY CENTER FOR INNOVATIVE TRANSPORTATION SOLUTIONS Dr. Asad Khattack, Director Dr. Mike Robinson, Associate Director Dr. Mecit Cetin, Associate Director CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-9005 PHONE: (757) 385-4303 FAX (757) 385-5669 E-MAIL: Ctycncl@vbgov.com B. CHMURA ECONOMICS and ANALYTICS REPORT - STATEWIDE ECONOMIC IMPACT OF POTENTIAL NBA FRANCHISE Xiaobing Shuai, Senior Economist, Chmura Economics and Analytics C. MINORITY BUSINESS COUNCIL ANNUAL REPORT Patricia A. Phillips, Director of Finance Wanda Cooper, Chair, MBC 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 3:30 PM 5:30 PM V. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION: Rabbi David Barnett Temple Emmanuel Synagogue C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. MAYOR'S PRESENTATION October 9, 2012 1. VETERANS DAY NATIONAL COMMITTEE VIRGINIA BEACH - REGIONAL SITE FOR VETERANS DAY 2012 Priscilla Beede, Parade Consultant I. PUBLIC COMMENT 1. 2013 Legislative Package to the General Assembly J. PUBLIC HEARING 1. SALE OF EXCESS CITY -OWNED PROPERTY 405 Fountain Drive 2. EMERGENCY MEDICAL RESPONSE AMBULANCE SERVICE K. ORDINANCES/RESOLUTIONS 1. Ordinances to AMEND the City Code: a. §§ 16-44 and 16-54 re the definition of net appreciation and re -sale of Workforce Housing units b. §4-1 re permissible dates for issuance of special event permits for horseback riding C. REPEAL §§7-21, 7-22, 7-24, 7-25, 7-29, 7-30 and 7-31 re registration of wheeled devices and AMEND §7-59.5 re use of various devices at the Resort Area, Boardwalk and Town Center 2. CITY/SCHOOL REVENUE SHARING FORMULA POLICY: a. RESOLUTION to AUTHORIZE re City/School Revenue Sharing Formula Policy b. ORDINANCE to AMEND FY 2013 Real Estate Tax Levy 3. ORDINANCE to AUTHORIZE the City Manager to TERMINATE the Purchase Agreement with Tailwind Development Group, L.L.C. and SOLICIT proposals re hotel development at Princess Anne Road and South Independence Boulevard 4. ORDINANCE TO DECLARE the property at 405 Fountain Drive and two (2) adjoining lots in EXCESS of the City's needs and AUTHORIZE the City Manager to SELL the properties to Nicholson Properties, LLC (DISTRICT 6 — BEACH) 5. RESOLUTIONS to ESTABLISH: a. The 2040 Vision to Action Community Coalition Commission b. Emergency Medical Response, LLC and AUTHORIZE re annual EMS permit for private services 6. ORDINANCES to APPROPRIATE and TRANSFER: a. Burton Station Strategic Growth Area Funds 1. $ 330,000 —Newtown SGA 2. $ 335,000 — Pembroke SGA 3. $ 335,000 — Rosemont SGA 4. $ 366,628 — Miscellaneous Revenues 5. $1,133,372 — Various Closed Capital Projects b. $287,000 DEA Shared Asset fund balance to purchase equipment and services for the Police Department C. $ 95,000 from the General Fund to Human Services re Community Trust Grant re a Supportive Living residence at 3705 Gresham Court (DISTRICT 3 — ROSE HALL) L. PLANNING 1. Application of RANDEE MARIE HOLMES/THOMAS and RANDEE HOLMES for Modification of Condition No. I (approved by City Council on August 13, 2002) re child day care at 1952 Blue Knob Road DISTRICT 1 — CENTERVILLE RECOMMENDATION APPROVAL 2. Application of DIANE L. McEWEN for a Conditional Use Permit re child day care at 616 Connie Way DISTRICT 2 — KEMPSVILLE RECOMMENDATION APPROVAL 3. Application of AMANDA JEANS/THOMAS J. and AMANDA I. JEANS for a Conditional Use Permit re residential kennel at 4677 Ardmore Lane DISTRICT 1 - CENTERVILLE STAFF RECOMMENDATION PLANNING COMMISSION RECOMMENDATION M. APPOINTMENTS BOARD OF BUILDING CODE APPEALS COMMUNITY SERVICES BOARD - CSB GREEN RIBBON COMMITTEE HISTORICAL REVIEW BOARD HUMAN RIGHTS COMMISSION WORKFORCE HOUSING ADVISORY BOARD N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT APPROVAL DENIAL CITY COUNCIL WORKSHOP CANCELLED NOVEMBER 6, 2012 GENERAL AND LOCAL ELECTIONS 2012 CITYHOLIDAYS 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 CITY COUNCIL'S BRIEFINGS - Conference Room - 3:30 PM A. OLD DOMINION UNIVERSITY CENTER FOR INNOVATIVE TRANSPORTATION SOLUTIONS Dr. Asad Khattack, Director Dr. Mike Robinson, Associate Director Dr. Mecit Cetin, Associate Director B. CHMURA ECONOMICS and ANALYTICS REPORT - STATEWIDE ECONOMIC IMPACT OF POTENTIAL NBA FRANCHISE Xiaobing Shuai, Senior Economist, Chmura Economics and Analytics C. MINORITY BUSINESS COUNCIL ANNUAL REPORT Patricia A. Phillips, Director of Finance Wanda Cooper, Chair, MBC II. CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW IV. INFORMAL SESSION - Conference Room - 5:30 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION V. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION: Rabbi David Barnett Temple Emmanuel Synagogue C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS October 9, 2012 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. MAYOR'S PRESENTATION VETERANS DAY NATIONAL COMMITTEE VIRGINIA BEACH - REGIONAL SITE FOR VETERANS DAY 2012 n DEPARTMENT OF VETERANS AFFAIRS li OFFICE OF THE ASSISTANT SECRETARY FOR PUBLIC AND INTERGOVERNMENTAL AFFAIRS WASHINGTON DC 20420 Ms. Barbara Morrison P.O. Box 56047 Virginia Beach, VA 23456 Dear Ms. Morrison: On behalf of the Veterans Day National Committee, I am pleased to announce that Virginia Beach, Virginia, has been selected as a Regional Site for the celebration of Veterans Day 2012. Your observance is one of 62 Regional Sites designated nationwide. Secretary of Veterans Affairs Eric K. Shinseki will notify your Governor of your selection and encourage support for your Veterans Day activities. We will also ask the Department of Defense to provide military liaison officers, where available, to help support your event. As you finalize plans for your Veterans Day ceremony, we would welcome the opportunity to provide a message from the Secretary of Veterans Affairs for inclusion in your event program. Please contact Matt Bristol of my staff at vetsday@va.gov or (202) 632-7129 by September 17, 2012, to request a Veterans Day message. We are also finalizing the 2012 Veterans Day poster and will send you a supply as soon as they are available. Congratulations again on your selection and best wishes for a successful event. Sincerely, Michael Galloucis Executive in Charge for the Office of Public and Intergovernmental Affairs Enclosure ent AQe1q of Veter a�s The Veterans Day National Committee hereby designates The City of Virginia Beach, Virginia as a RegionaCSite for the observance of VA FORM 4780x, MAR 1998 (R) Veterans Day 2012 -1'0� 8 fl, 0 - - z , Eric K. Shinselk Secretary of Veterans Affairs Chairman, Veterans Day National Committee PUBLIC COMMENTS 2013 Legislative Package to the General Assembly J. PUBLIC HEARING 1. SALE OF EXCESS CITY -OWNED PROPERTY 405 Fountain Drive 2. EMERGENCY MEDICAL RESPONSE AMBULANCE SERVICE PUBLIC HEARING SALE OF EXCESS. CITY PROPERTY` The Virginia Beach City Council will hold a PUBLIC HEARING on the disposition and sale of City -owned property located at 405 Fountain Drive (GPIN 2407-46-2671) and two adjoining lots (GPIN 2407-46-3607 and 2407-46-2753) Tuesday, October 23, 2012, at 6:00 P.M., in the Council Chamber of the City Hall Building (Building #1) at the Virginia Beach Municipal Center, Virginia Beach, Virginia. The purpose of this Hearing will be to obtain public input to determine whether this property should be declared "Excess of the City's needs". If you are physically disabled or visually impaired and . need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385- 4303; Hearing impaired, call 711 (Virginia Relay -Telephone Device for the Deaf). Any questions concerning this matter should be directed to the Office of Real Estate, Building #2, Room 392, at the Virginia Beach Municipal Center. The Real Estate Office telephone number is (757) 385- 4161. Ruth Hodges Fraser, MMC City Clerk Beacon Oct. 14, 2012 23264195 K. ORDINANCES/RESOLUTIONS 1. Ordinances to AMEND the City Code: a. §§16-44 and 16-54 re the definition of net appreciation and re -sale of Workforce Housing units b. §4-1 re permissible dates for issuance of special event permits for horseback riding C. REPEAL §§7-21, 7-22, 7-24, 7-25, 7-29, 7-30 and 7-31 re registration of wheeled devices and AMEND §7-59.5 re use of various devices at the Resort Area, Boardwalk and Town Center 2. CITY/SCHOOL REVENUE SHARING FORMULA POLICY: a. RESOLUTION to AUTHORIZE re City/School Revenue Sharing Formula Policy b. ORDINANCE to AMEND re FY 2013 Real Estate Tax Levy 3. ORDINANCE to AUTHORIZE the City Manager to TERMINATE the Purchase Agreement with Tailwind Development Group, L.L.C. and SOLICIT proposals re hotel development at Princess Anne Road and South Independence Boulevard 4. ORDINANCE TO DECLARE the property at 405 Fountain Drive and two (2) adjoining lots in excess of the City's needs and AUTHORIZE the City Manager to SELL the properties to Nicholson Properties, LLC (DISTRICT 6 — BEACH) 5. RESOLUTIONS to ESTABLISH: a. The 2040 Vision to Action Community Coalition Commission b. Emergency Medical Response, LLC and AUTHORIZE re annual EMS permit for private services 6. ORDINANCES to APPROPRIATE and TRANSFER: a. Burton Station Strategic Growth Area Funds 1. $ 330,000 —Newtown SGA 2. $ 335,000 — Pembroke SGA 3. $ 335,000 — Rosemont SGA 4. $ 366,628 — Miscellaneous Revenues 5. $1,133,372 — Various Closed Capital Projects b. $287,000 DEA Shared Asset fund balance to purchase equipment and services for the Police Department C. $ 95,000 from the General Fund to Human Services re Community Trust Grant re a Supportive Living residence at 3705 Gresham Court (DISTRICT 3 — ROSE HALL) 1 S CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance to Amend Sections 16-44, and 16-54 of the City Code, Pertaining to Definitions, and Re -sale of Workforce Housing Units MEETING DATE: October 23, 2012 Background: Based upon recent guidance from the U.S. Department of Housing and Urban Development (HUD), Department of Housing and Neighborhood Preservation (DHNP) staff has identified needed City Code amendments that bring the program into compliance with FHA regulations. While there is no upfront guarantee that any specific financing will be approved, these amendments modify the program to comply with existing regulations such that there is a reasonable assurance that individual applicants will be approved if otherwise qualified. The proposed amendments would make the following changes in the program: 1. Include language in the definition of "net appreciation" to reflect that in the event the first mortgage is FHA -insured, the cost of capital improvements, rather than the value of capital improvements, shall be used to determine net appreciation. 2. Include language in the definition of "shared net appreciation" and regarding resale requirements, to reflect that when the first mortgage is FHA -insured, when the homeowner sells the unit, he or she must be permitted to recover at least the original purchase price, sales commission, cost of capital improvements, and any accrued negative amortization if the property was financed with a graduated payment mortgage. The attached chart illustrates the way in which the city is required by HUD to calculate what the seller has to be permitted to recover, and what would be owed the city (Attachment A). Considerations: While adoption of these amendments is recommended in order to increase the likelihood that applicants to purchase workforce housing are approved for financing, it should be noted if a buyer purchases a workforce housing unit with FHA insurance, and then decides to sell it, and there is a reduction in the value of that unit, or only a modest increase in the value, the city may not be able to recapture any, or all of the value of its second deed of trust. There are two issues to be aware of in regard to this change: 1) Any reduction in the amount of value recaptured upon resale of a workforce housing unit would not constitute a loss of public funds since the City's second deed of trust does not secure funds provided by the City; it secures value surrendered by the developer in exchange for an increase in density. Workforce Housing Program Page 2of2 2) HUD's intent and assurances from HUD are that there is no circumstance in which it is envisioned that the City would pay out money to the borrower. The Workforce Housing Advisory Board recommended adoption of the proposed amendments at its October 15, 2012 meeting. Public Information: The ordinance will be advertised as a normal agenda item of the City Council. In addition, the October 15, 2012 Workforce Housing Advisory Board meeting was open to the public. Alternatives: The ordinance presented today represents the consensus of the WFHAB and city staff regarding the aforementioned amendments. The amendments are needed to increase the likelihood that buyers of WFH units can obtain FHA -insured first mortgages. Recommendations: Adoption of the ordinance. Attachments: What Seller Must Be Allowed to Recover (Attachment A). Recommended Action: Approval Submitting Department/Agency: ' partment of Housing and Neighborhood Preservation City Manager: ��j) 1 AN ORDINANCE TO AMEND AND REORDAIN SECTIONS 2 16-44,16-45 AND 16-49 OF THE CITY CODE, PERTAINING 3 TO NET APPRECIATION AND RESALE OF WORKFORCE 4 HOUSING UNITS 5 Sections Amended: City Code Sections 16-44, 16-45 and 16-49 0 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 That Sections 16-44, 16-45 and 16-49 of the City Code are hereby amended and 10 reordained to read as follows: 11 12 13 ARTICLE Vlll. WORKFORCE HOUSING 14 DIVISION 1. - GENERAL PROVISIONS 15 16 Sec. 16-42. - Applicability. 17 The provisions of this article shall apply only to the sale or rental of workforce housing 18 approved by the city council pursuant to the provisions of article 21 of the city zoning ordinance. COMMENT 20 This section is shown for reference purposes only. 21 .... 22 23 Sec. 16-44. - Definitions; explanatory material. 24 As used in this article, the following terms shall have the meanings set forth in this section. 25 Where explanatory material is provided, such terms shall be construed in a manner consistent 26 with such material: 27 .... 28 Net appreciation. The amount of the resale price of a workforce housing unit, less the total 29 amount of: (i) the original principal amount of the first mortgage loan on the unit, (ii) the principal 30 amount of the workforce housing deed of trust note and of any VHDA-held second deed of trust 31 note if VHDA also holds the first deed of trust on the unit, (iii) closing costs actually paid by the 32 eligible buyer in connection with the purchase of the unit, (iv) the eligible buyer's down payment, 33 (v) the appraised value of any capital improvements approved by the director of housing and 34 neighborhood preservation or, where the first deed of trust is insured by the FHA, the cost of 35 such capital improvements, and (vi) the reasonable and customary sales commission paid by 36 the eligible buyer. 37 Shared net appreciation. The amount of the net appreciation owed to the city by the 38 purchaser of a workforce housing unit, which shall be equal to the proportional share 39 represented by the city's investment in the original purchase of the unit as evidenced by the 40 equity sharing agreement. For example, if the amount of the workforce housing deed of trust 41 note equals twenty-five (25) percent of the initial sales price of the unit, the amount of shared net 42 appreciation owed to the city will be twenty-five (25) percent of the net appreciation of the unit. 43 Subject to the provisions set forth in subsections (e) and (f) of Section 16-49 regardinq first 44 deeds of trust insured by the Federal Housing administration (FHA), the The amount of the 45 shared net appreciation and principal amount of the workforce housing deed of trust note is 46 repaid to the city upon resale of the unit. 47 CnMMF.NT 48 The amendments to this section reflect the requirement for FHA -insured first mortgages that when the 49 owner sells a Workforce Housing Unit, he or she must be permitted to recover at least the original purchase 50 price, sales commission, cost of capital improvements, and any accrued negative amortization if the property 51 was financed with a graduated payment mortgage. 52 .... 53 DIVISION 2. - SALE AND OWNERSHIP OF WORKFORCE HOUSING 54 55 Sec. 16-45. - Initial sales of workforce housing units. 56 (a) The city shall have the right to purchase workforce housing units offered for initial sale 57 as follows: 58 (1) The city shall have an exclusive right to purchase any workforce housing unit, 59 not to exceed a total of one-third (1/3) of the workforce housing units for sale 60 within a development, by so notifying the developer of the unit within thirty (30) 61 days from the date on which the city is notified that the workforce housing unit is 62 available for initial sale. If the city does not timely exercise its right to purchase 63 the unit, it may be sold to an eligible buyer. 64 (2) Any workforce housing unit the city has not elected to purchase shall be offered 65 for sale exclusively to eligible buyers for a period of sixty (60) days from the date 66 on which the city's right to purchase the unit expires. Upon the expiration of such 2 67 time, any such unit not sold to the city or to an eligible buyer may be offered for 68 sale without restriction, provided, that when such a unit is sold, the developer 69 shall pay to the city the difference between the actual sales price and the price 70 as reduced by the amount of the workforce housing discount, less any additional 71 sales commission actually paid by the developer up to a maximum of two (2) 72 percent of the sales price and any closing cost assistance actually paid on 73 behalf of the buyer up to a maximum of three (3) percent of the purchase price. 74 (b) The procedure for initial sales of workforce housing units to be purchased by an eligible 75 buyer shall be as follows: 76 (1) A developer who has reached an agreement with an eligible buyer to sell a 77 specific workforce housing unit to such eligible buyer as an initial sale shall 78 notify the city that the developer and eligible buyer have reached an agreement 79 regarding the purchase of the unit. The city shall, either before or after it 80 receives such notification, verify the eligible buyer's continued eligibility under 81 section 16-46 82 (2) In the event the eligible buyer continues to meet such requirements, the 83 developer and city shall enter into an agreement pursuant to which the 84 developer agrees to sell the unit to the eligible buyer at a price incorporating the 85 workforce housing discount (the "discounted sales price"). The developer shall 86 not be entitled to receive any portion of the monies representing the workforce 87 housing discount. 88 (3) The city and eligible buyer shall also enter into an agreement pursuant to which 89 the city will finance, by means of a workforce housing deed of trust, the 90 difference in value between the fair market value of the workforce housing unit 91 and the discounted sales price. Such agreement shall further provide, among 92 other things, that that the city shall have the right to repurchase the unit upon 93 resale, or to assign such right to an eligible buyer, in accordance with the 94 provisions of section 16-49 95 (4) The workforce housing deed of trust shall: (i) subject to the provisions set forth 96 in subsections (e) and (f) of Section 16-49 regarding first deeds of trust insured 97 by the Federal Housing administration (FHA), secure repayment to the city of 98 the workforce housing discount, plus the shared net appreciation; (ii) carry a 99 zero percent interest rate; (iii) be subordinate only to the lender's first deed of 100 trust or, in the event the property is financed by means of first and second deeds 101 of trust held by the Virginia Housing Development Authority (VHDA), to such 102 deeds of trust; and iv) provide that the eligible buyer shall make no payments of 103 principal on the indebtedness secured by the workforce housing deed of trust 9 104 until the eligible buyer sells or otherwise divests his or her interest in the 105 workforce housing unit. 106 COMMENT 107 The amendments to this section reflect the requirement for FHA -insured first mortgages that when the 108 owner sells a Workforce Housing Unit, he or she must be permitted to recover at least the original purchase 109 price, sales commission, cost of capital improvements, and any accrued negative amortization if the property 110 was financed with a graduated payment mortgage. 112 Sec. 16-49. - Resale of workforce housing units. 113 (a) Prior to offering a workforce housing unit for resale, the owner shall notify the city of the 114 owner's intent to sell the unit. The city shall notify the unit owner of its intention to purchase the 115 unit within thirty (30) days from the date on which the owner's notice of intent to sell was received 116 by the city. In the event the city determines to purchase the unit upon resale, it shall have the 117 right to assign the contract to an eligible buyer. 118 (b) The city shall tender to the unit owner an offer to purchase such unit at its fair market 119 value. The fair market value shall be determined by appraisal. Such appraisals shall be 120 performed by licensed Virginia real estate appraisers selected by the city as follows: 121 The city and workforce housing unit owner shall attempt to agree upon an appraiser, who 122 shall determine the fair market value of the workforce housing unit as of the date of the 123 actual or anticipated sale. If the parties are unable to agree upon an appraiser within ten 124 (10) days, the parties shall each have an appraisal made by an appraiser of its choice to 125 establish the fair market value. If the two competing appraisals are within ten (10) percent of 126 each other, the midpoint between the two shall be considered the fair market value. If the 127 two appraisals are not within ten (10) percent of each other, the parties shall agree on a 128 third appraiser, and such appraiser's valuation shall be controlling as to fair market value. If 129 the parties cannot agree on a third appraiser, the city shall have the right to appoint a 130 qualified appraiser and such appraisal shall be controlling as to fair market value. The 131 parties shall share equally in the cost of joint appraisals and shall be solely responsible for 132 the cost of any other appraisals. 133 (c) In the event the city decides not to purchase or assign its right to purchase the unit, it 134 shall so notify the owner in writing, who shall thereafter have the right to sell the unit to any other 135 person or entity. In such event, the provisions of this section shall not thereafter apply to any 136 subsequent resale of the unit. 137 (d) In the event the city purchases or assigns its right to purchase a workforce housing unit 138 from the owner of such unit, it shall make such unit available for sale to another eligible buyer for 0 139 a period of at least ninety (90) days. The city shall notify the eligible buyers on its prescreened list 140 of the availability of the unit. 141 (e) In the event an eligible buyer enters into a contract to purchase the unit within the 142 ninety -day period, the city shall determine whether such eligible buyer continues to so qualify. If 143 such eligible buyer continues to meet the eligibility requirements of section 16-46, the owner of 144 the unit shall enter into a contract with the city and, if applicable, the city's assignee, to purchase 145 the unit at the fair market value thereof, as determined pursuant to subsection (b). The contract 146 shall further provide that: (i) the amount of the workforce housing discount, plus the shared net 147 appreciation of the unit, shall be repaid to the city upon resale of the unit, provided that where the 148 first deed of trust on the property is insured by the FHA, the owner shall be permitted to recover, 149 at a minimum original purchase price, sales commission, cost of capital improvements, and any 150 accrued negative amortization if the property was financed with a graduated payment mortgage, 151 and (ii) that the city shall have the right to repurchase the unit, or to assign such right to an 152 eligible buyer, in accordance with the provisions of this section. 153 (f) At settlement, the principal amount of the outstanding workforce housing deed of trust 154 note, plus the shared net appreciation of the unit, as defined in section 16-44, shall be repaid to 155 the city from the proceeds of the resale of the unit, provided that where the first deed of trust on 156 the property is insured by the FHA, the owner shall be permitted to recover, at a minimum, 157 original purchase price, sales commission, cost of capital improvements, and any accrued 158 negative amortization if the property was financed with a graduated payment mortgage. All 159 such monies shall be deposited into the workforce housing revolving fund. 160 (g) Subiect to the availability of funding, the ±he city shall finance a portion of the purchase 161 price equal to the amount of the new workforce housing discount by means of a note secured by 162 a workforce housing deed of trust. 163 164 165 166 167 168 169 170 171 172 173 174 f'()MMVNT The amendments to subsections (e) and (f) reflect the requirement for FHA -insured first mortgages that when the owner sells a Workforce Housing Unit, he or she must be permitted to recover at least the original purchase price, sales commission, cost of capital improvements, and any accrued negative amortization if the property was financed with a graduated payment mortgage. The amendment to subsection (g) allows for the possibility that, as a result of the foregoing rule, the monies realized by the City from the sale of the property may be insufficient to finance the entire portion of the purchase price upon resale that is equivalent to the new workforce housing discount. Adopted by the City Council of the City of Virginia Beach, Virginia on the , 2012. N1 day of 175 Approved as to Content: 176 177 178 Dep 0u 179 Pres&vat - n ME rig and Neighborhood 181 CA -12369 182 R-3 183 August 20, 2012 Approved as to Legal Sufficiency: City Attorney's Office+ Q F - z w v Q Iv d (ba u pp -0 L (O c � O ut O N ro V) L- h 7 .�= } CL LL U C O ro O O O O O O 00 n O N t/} t/? 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The intent of that code change, as stated in the agenda request form, was to allow special event permits to be issued for horseback riding events from November 1 through May 1. Section 4-1 (a)(11) of the City Code, however, provides that permits will not be issued during the "prime resort season." The "prime resort season" is defined in the City Code as April 15 through September 30. Thus, the code provides that special event permits for horseback riding events may be issued from October 1 through April 14. ■ Considerations: The proposed change to Section 4-1(a) (11) of the City Code will clarify that special event permits for horseback riding events can only be issued between November 1 and May 1. ■ Public Information: Additional public information will be handled through the normal agenda process. ■ Recommendations: Approve ordinance ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Strategic Growth Area Office t-7, City Manager: `� ' �8xlli 1 AN ORDINANCE TO AMEND SECTION 4-1 2 OF THE CITY CODE TO CLARIFY 3 PERMISSIBLE DATES FOR ISSUING 4 SPECIAL EVENT PERMITS FOR 5 HORSEBACK RIDING EVENTS 6 7 SECTION AMENDED: § 4-1 8 9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 10 BEACH, VIRGINIA: 11 12 That Section 4-1 of the Code of the City of Virginia Beach, Virginia, is hereby 13 amended and reordained to read as follows: 14 Sec. 4-1. - Permit for special events. 15 (a) Events for Which Permit Required. No person or entity shall hold, organize or 16 sponsor any of the following events or activities unless a permit therefor has been 17 granted by the city: 18 (1) Parades, processions, marathons, bicycle races and other events utilizing the 19 sidewalks or vehicular travel portion of city streets and highways, or the boardwalk. 20 (2) Carnivals, bazaars and similar events which offer such activities as 21 amusement rides or devices, games of skill, animal rides or exhibitions, food 22 concessions, and informal live entertainment. 23 (3) Outdoor festivals or other musical entertainment offering live or recorded 24 music for public or private audiences in other than a fully enclosed building, with 25 the exception of outdoor musical entertainment at any private residence attended 26 by fewer than one hundred fifty (150) persons. 27 (4) Motion picture, video or broadcast television productions, other than news 28 media, involving the staging of vehicles, equipment, props or personnel on public 29 property, including buildings, streets and sidewalks, or requiring the use of city 30 equipment or services, or the participation of city employees. 31 (5) Organized scheduled contests and exhibitions held on the sand beaches of 32 the city. 33 (6) Marine events, including any prescheduled organized concentration of 34 watercraft, involving participants and/or spectators, of a competitive or 35 noncompetitive nature, which may interfere with ordinary navigation or require 36 supplementary regulation by federal, state or city authorities. 37 (7) Scheduled races, exhibitions or other events involving the operation of 38 motorized vehicles of any type. 39 (8) Scheduled gatherings of two hundred (200) or more persons on any public 40 property, other than parks. 41 (9) Activities or events requiring a variance from the regulations for parks 42 promulgated by the director of parks and recreation. 43 (10) Organized camps, athletic leagues or games, exercise classes, or other 44 instruction, education or recreational activities or events which take place on city 45 property in the Resort Area or on the sand beaches of the city, for which a fee is 46 collected by a for-profit event organizer, sponsor, or producer, and which include 47 three or more individuals paying to participate in the activity or event. 48 (11) Organized horseback riding events held on the sand beaches of the city; 49 provided, however, that no such permit shall be issued unless (i) the applicant is a 50 501(c)(3) charitable organization, (ii) the event is not held during the . it 51 seasen between November 1 and May 1, and (iii) the event lasts no longer than 52 one day. The restrictions contained in section 6-12 shall not apply to activity 53 authorized by such a permit. 54 .... 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: Strategic Growth Area Resort City Attorney's Offce Management Office CA12439 R-1 October 3, 2012 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Repeal Sections 7-21, 7-22, 7-24, 7-25, 7-29, 7-30, and 7-31 of the City Code Pertaining to Registration of Bicycles and Other Wheeled Devices and to Amend Section 7-59.5 of the City Code Pertaining to the Use of Various Devices at the Resort Area, Boardwalk, and Town Center MEETING DATE: October 23, 2012 ■ Background: The City Code provides a process for registration of bicycles, electronic personal assistive mobility devices, and other similar wheeled devices or vehicles. However, the City Code does not impose a registration requirement. Rather, the registration is meant to serve as a mechanism by which a bicycle may be identified in the event that it is lost or stolen. The City Treasurer registered 161 bicycles or other wheeled devices in FY12. On October 9, 2012, the City Council was briefed by the Office of the City Treasurer to provide information about the registration of wheeled devices. ■ Considerations: The attached ordinance repeals the registration process for bicycles and other wheeled devices through the Office of the City Treasurer. Additionally, the ordinance amends a portion of the City Code that discusses the display of a disabled placard for use of wheeled devices at the Resort Area, the Boardwalk, and Town Center to remove the reference to City issued disabled decals. As discussed at the briefing on October 9t", the City Treasurer has received very few requests for disabled decals, and of the requests received, most were for golf carts, which are not on the list of wheeled devices discussed in City Code §§ 7-24 and 7-25. This item was previously deferred twice: September 11, 2012; and October 9, 2012. ■ Public Information: This item will be advertised in the same manner as other agenda items. ■ Attachment: Ordinance Recommended Action: Approval Submitting DepartmentlAgency: City Treasurer's Office City Manager: S 1 AN ORDINANCE TO REPEAL SECTIONS 7- 2 21, 7-22, 7-24, 7-25, 7-29, 7-30, AND 7-31 OF 3 THE CITY CODE PERTAINING TO 4 REGISTRATION OF BICYCLES AND OTHER 5 WHEELED DEVICES AND TO AMEND 6 SECTION 7-59.5 OF THE CITY CODE 7 PERTAINING TO THE USE OF VARIOUS 8 DEVICES AT THE RESORT AREA, 9 BOARDWALK, AND TOWN CENTER 10 11 SECTIONS REPEALED: §§ 7-21, 7-22, 7-24, 12 7-25, 7-29, 7-30, AND 7-31 13 14 SECTION AMENDED: § 7-59.5 15 16 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 17 BEACH, VIRGINIA: 18 19 1. That Sections 7-21, 7-22, 7-24, 7-25, 7-29, 7-30, and 7-31 of the Code of the City 20 of Virginia Beach, Virginia, are hereby repealed as follows: 21 22 See -21. Authorityteregaser: 23 , eleG 24 , 25 moped in the Gity as pFeyided in this Artinle 26 27 See. 722. -/tppliction. 28 , ele 29 , 30 SGE)Gteps ()F mopeds shall be upon wFitteR appliGatiGR theFefeFe made to the tFeasureF E)f 31 the pity, nn forms provided for that purpose. 32 , 33 , mater driven GyGles, meteFized 34 skateboards, 35 available to all persons buying sUnh wheeled deyioes or vehinles 36 39 power assisted biGyGle, n;E)tE)r driven GyGle, motorized skateboard, meteFized SGeeteF 40 meped uRder this AftiGle shall be one dollar ($1.00), WhiGh fee shall be paid te the Gi 42 43 Sec. 7 25 ' IssuanGe of card and decall. 44 Mrs— — — — — — — — — — — — — — — — — — • —M.— — — — — Imilm mo amill — •1 — — — MW FrOmm— • 1 — — limil — — — — Imill — — — — — — 11111 WIN.. • — ——VA— —— — — — — WW 87 Gh 88 89 2. That Section 7-59-.5 of the Code of the City of Virginia Beach, Virginia, is hereby 90 amended and reordained to read as follows: 91 92 Sec. 7-59.5. - General provisions applicable to Sections 7-59.1 through 7-59.5. 93 (a) For purposes of Sections 7-59.1 through 7-59.4, the term "scooter" is a muscle - 94 powered device having two (2) or more wheels, a platform on which the rider stands, 95 and a steering mechanism such as handlebars. 96 (b) The provisions of Section 7-59.1 through 7-59.4 shall not be applicable to the use 97 of baby carriages, strollers or related modes of transportation of infants, or the use of 98 wheelchairs and wheelchair conveyance used for the transportation of disabled persons 99 or electrical personal assistive mobility devices, electric power -assisted bicycles or 100 motorized scooters equipped with a seat used for the transportation of disabled persons 101 when such device has a f9F either (4 state -issued placard for the disabled h„as-"gin 102 issued anprominently displayed thereon or (ii) menial denol has been issued by the 103 pity pursuant yrsant to sen+inn 7 25 aR d is prominently displayed thereon 104 (c) The prohibitions set forth in Sections 7-59.1 through 7-59.4 shall not be applicable 105 to city employees or city contractors on officials business, or to employees of any 106 franchise or permittee authorized to provide services at Town Center, or on the beach, 107 boardwalk and adjacent bicycle path, oceanfront parks and plaza, while on duty, or 108 when authorization is granted by the City Manager or his designee for special events. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of )2012. A P,RdVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Tr4asur&r's Office CA12348 R-4 October 11, 2012 3 ern 's Office /4 CITY OF VIRGINIA BEACH AGENDA ITEM ITEMS: (1.) A Resolution to Adopt the City/School Revenue Sharing Formula Policy (2.) An Ordinance to Amend the FY 2013 Real Estate Tax Levy MEETING DATE: October 23, 2012 ■ Background: The City Council first adopted a City/School Revenue Sharing Policy in 1997 to provide a stable source of local funding for the Public School System. This policy shared seven of the fastest growing and most stable revenue sources between City and School services and programs. The formula was revised several times to reflect changes in State law and the revenue streams. With the adoption of the FY 2012 Operating Budget, the City Council believed that the formula no longer served its purpose, especially in light of the recessionary conditions. Therefore, the FY 2013 Operating Budget was adopted without a revenue sharing formula; however, the City Council and the School Board directed the staffs of the respective bodies to develop a new formula for consideration for the FY 2014 Operating Budget. A second item seeks to modify the directive in the FY 2013 Real Estate Tax Levy that requires the City Manager to propose a reduction to the four cent dedication of real estate taxes to Schools if the State increases funding for Schools. The original language in the adopted FY 2013 Budget Ordinance sets the trigger for the Manager to propose the change at the FY 2013 Local Composite Index ("LCI"). After the joint session of the bodies held on October 2, 2012, the School Board communicated concerns about using the LCI as a proxy for State funding because it may may have a "unintended double reduction to local school funding" (School Board letter to Council dated October 5, 2012). To assuage this concern, the ordinance to amend the FY 2013 Real Estate Tax Levy would utilize a fixed -dollar State contribution to schools as a benchmark. The average State contribution for the previous seven years is roughly $350 million per year net School Facilities funds, which have not been provided by the General Assembly since 2008. The actual amounts are: 0 2006: $340,186,881 0 2007: $361,924,611 0 2008: $364,993,373 0 2009: $384,839,698 2010: $363,988,019 0 2011: $318,057,110 0 2012: $315,031,670 ■ Considerations: The City Manager and the Superintendent met to define a formula that provided a diverse and expansive set of revenues that: excluded dedicated revenues including state and federal funds and grants; recognized the Standards of Quality (SOQ) funding requirements; and accounted for fluctuations in enrollment. The City Manager and School Superintendent recommended to the City Council and School Board a four-part formula that: (1) includes all non -dedicated local tax revenues; (2) acknowledges the required local match under the State SOQ, which is subtracted from the non -dedicated local tax revenues, (3) provides 32.37% of the remaining total non -dedicated local tax revenues (after subtracting the local SOQ match) to the School System as a discretionary local match; and (4) adds the dedication of four cents of real estate taxes established by the City Council with the FY 2013 Operating Budget. The amendment to the FY 2013 Real Estate Levy does not have an immediate impact upon revenues. Rather, this action would provide direction for the City Manager in building future budgets based upon the actions of the General Assembly. N Public Information: There have been two public meetings of the City Council and School Board to discuss the proposed City/School Revenue Sharing Policy (December 6, 2011 and October 2, 2012). This item is being advertised as a part of the normal City Council agenda process as well. ■ Attachments: Resolution; Ordinance; City Council and School Board Policy Recommended Action: Approval Submitting Department/Agency: City Manager's Office/Superintendent's Office City Manage <;. V . 1 A RESOLUTION TO ADOPT THE CITY/SCHOOL 2 REVENUE SHARING FORMULA POLICY 3 4 WHEREAS, the previous City/School Revenue Sharing Policy and Formula was 5 adopted in 1997 by the City Council, and was in use until FY 2012-13 when it was 6 believed that the formula no longer reflected changes in the economy, student 7 enrollment, and state funding levels; 8 9 WHEREAS, the City Council and School Board requested the City Manager and 10 the Superintendent develop a new formula that would address these concerns and that 11 would diversify the revenues contained in the formula; and 12 13 WHEREAS, the City Manager and School Superintendent have proposed a 14 formula that: reflects a more diverse revenue stream composed of all non -dedicated 15 local tax revenues; recognizes the required local match contained in the State's 16 Standards of Quality (SOQ); and acknowledges that the City has historically provided a 17 discretionary local match that exceeded the minimum requirements of the SOQ. 18 19 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, VIRGINIA: 21 22 That the attached City Council and School Board Policy on sharing revenues with 23 the School System is hereby adopted and shall be used by the City Manager in the 24 proposed FY 2013-14 Operating Budget and beyond. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 12012. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY �A Manage enf Services Ci t o s Office CA12450 R-3 October 12, 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 AN ORDINANCE TO AMEND THE FY 2013 REAL ESTATE TAX LEVY WHEREAS, the City Council adopted an ordinance on May 8, 2012, to set the real estate tax rate for Fiscal Year 2012-13 (the "FY 2013 Real Estate Tax Levy"); and WHEREAS, in Section 1 of the FY 2013 Real Estate Tax Levy, the City Council dedicated four cents of the increased real estate tax rate to provide funding for the Schools "to offset the decrease in State funding through the Local Composite Index;" and WHEREAS, Section 1 of the FY 2013 Real Estate Tax Levy included a directive to the City Manager that "[a]t such time as the State restores funding above the following benchmarks: Local Composite Index at FY 2013 .... the City Manager will recommend a reduction, in whole or in part, to the four cent... dedication in an amount roughly equal to the increased State funding with a corresponding decrease in the real estate tax rate;" and WHEREAS, the School Board has expressed concern about using the Local Composite Index ("LCI") as a trigger for review of the four cent dedication because it may have a "unintended double reduction to local school funding" (School Board letter to Council dated October 5, 2012); and WHEREAS, an alternative to the LCI is a fixed -dollar amount of State funding for Schools the average of which over the previous seven years is $350 million (net School Facility funds) per year; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT The Section 1 of the FY 2013 Real Estate Tax Levy is hereby amended to direct the City Manager to propose a reduction to the four cent dedication when the State restores funding to Schools above $350 million (net of School Facility Funds) per year. Adopted by the Council of the City of Virginia Beach, Virginia on the day of )2012. APPROVED AS TO CONTENT tManage ent Services CA12453 R-1 October 10, 2012 APPROVED AS TO LEGAL SUFFICIENCY: t ,vf s bffice IA-B C p446 , ' - r \ r _JJt:w, �z C Ry Council and a/ OF OUR NFt`o School Board Policy Title: City/School Revenue Sharing Policy Index Number: Date of Adoption: Date of Revision: Page: 1 of 6 1. Purpose: 1.1. This policy ("Policy") is to establish a procedure for allocating to the City and to the Public School System revenues estimated to be available in any given fiscal year. It is the intent of this Policy to provide sufficient funding to maintain Virginia Beach City Public Schools' academic success as well as the City's strategic goals. 1.2. This Policy is designed to accomplish these goals by providing better planning for school funding by clearly and predictably sharing local revenues. It provides a balance between the funding requirements for School and City programming. This Policy seeks to provide a diverse stream of revenues that mitigates dramatic changes in the economy by relying upon all local tax revenues that are under the City Council's control rather than a subset of those revenues. It also recognizes decisions by the City Council to dedicate some of these same revenues to City and School priorities outside of the formula discussed herein. This Policy seeks to rectify some of the concerns with the past formula by linking City funding to the School directly to the State Standards of Quality ("SOW) which periodically takes into account changes in student enrollment, true property value, adjusted gross income, taxable retail sales, and population. 2. Definitions: 2.1. "City" refers to the City of Virginia Beach exclusive of the Virginia Beach City Public Schools 2.2. "Schools" refer to the Virginia Beach City Public Schools. 2.3. "Local Tax Revenues" refers to all General Fund revenues generated by non -dedicated local taxes: real estate (less dedications such as the FY 2013 dedication for Schools and road construction, the Outdoor Initiative, the Agricultural Reserve Program, and the Recreation Centers); Personal Property; General Page 1 of 6 Sales; Utility; Utility -Consumption; Virginia Telecommunications; Business License (BPOL); Cable Franchise; Cigarette (less dedication for Economic Development Incentive Program (EDIP); Hotel Room; Restaurant Meals; Automobile License; Bank Net Capital; City Tax on Deeds; and City Tax on wills. 2.4. "Dedicated Local Tax' refers to taxes that have been previously obligated by the City Council or State law to support specific projects or programs. Examples of dedicated local taxes that are excluded from this Policy include, but are not limited to: Tax Increment Financing District Revenues; Special Services Districts Revenues; the FY 2013 dedications to Schools (4 cents of the real estate tax) and Transportation (2 cents of the real estate tax); taxes established to support Open Space; Agricultural Reserve Program; Recreation Centers; Outdoor Initiative; Economic Development Incentive Program; Tourism Advertising Program; Tourism Investment Program; referendum related taxes; and taxes used to support the BRAC project. A more complete discussion of such dedications is found at page 60 of the Executive Summary in the FY 2013 Budget and pages 1-39 and 1-40 of the FY 2013 Operating Budget. 2.5. "Revenue Sharing Formula" refers to the method of sharing Local Tax Revenues between the City and the Schools. 2.6. "Budgeted Local Tax Revenues" refers to the appropriation of revenues by City Council in May each year for the upcoming fiscal year beginning July 1. 2.7. "Actual Local Tax Revenues" refers to the actual collected revenues reflected in the Comprehensive Annual Financial Report (CAFR). 2.8. "School Reversion Funds" refers to unused expenditure appropriations and end of the year adjustments to the Revenue Sharing Formula revenues based on actual collections. 2.9. "Discretionary Local Match" refers to the funding level set by the Revenue Sharing Formula and the FY 2013 real estate tax dedication. 2.10. "Required Local Match" refers to the City funding required by the SOQ. 3. Procedure to Calculate the Revenue Sharing Formula: 3.1. Initial Estimate 3.1.1. In October, Management Services will provide an estimate of local tax revenue for the upcoming fiscal year. 3.1.2. The Required Local Match calculation - Using the SOQ for each of the State Biennial years, Management Services will deduct this amount from the projection of Local Tax Revenues and set it aside as the first step. Page 2 of 6 3.1.3. Discretionary Local Match calculation —The Discretionary Local Match has two components: the formula component and the FY 2013 four cent real estate dedication. 3.1.3.1. The formula component: Management Services will then allocate to Schools 32.37% of the remaining Local Tax Revenues. 3.1.3.2. The FY 2013 dedication component: In FY 2013 Operating Budget the City Council increased the real estate tax rate by four cents and dedicated it to the Schools' Operating Budget. This dedication amount will be added back to the Discretionary Local Match. This dedication shall exist until such time as the State restores funding for education to the average level provided from FY 2006 to FY 2012 of $350 million (net of School facility' funds) The City Council has directed the City Manager to recommend, as a part of the City's Proposed Operating Budget, reductions in whole or in part to the four cents real estate dedication in an amount roughly equal to the increased State funding above $350 million (per annum) as reflected by a decrease in the local composite index below the current FY 2013 level of 0.4110. 3.1.4. The combination of the required local match and the discretionary local match shall comprise the funding for Schools pursuant to this Policy. 3.2. Final Estimate 3.2.1. In February, Management Services will provide a final estimate of the Local Tax Revenues. This will be the estimate included in the City's Proposed Operating Budget. 3.2.2. Required Local Match calculation - By February the final SOQ required local match should be known from the Virginia Department of Education and this figure will be used to set aside the first allocation of revenues. 3.2.3. Discretionary Local Match calculation - Management Services will then allocate to Schools the formula component (32.37% of the remaining estimated Local Tax Revenues) plus the FY 2013 dedication component (four cents of the real estate tax provided no adjustments are required). 3.2.4. The combination of the Required Local Match and the Discretionary Local Match shall comprise the total local funding of the Schools under the Revenue Sharing Formula. 3.2.5. Estimates of the revenues contained in the Revenue Sharing Formula shall be clearly presented in the City's Operating Budget. 4. Procedure to Request an Increase in the Discretionary Local Funding Match: 4.1. After receiving the Superintendent's Estimate of Needs, the School Board will notify the City Council by resolution that it has determined additional local funding is required to maintain the current level of Page 3 of 6 operations or to provide for additional initiatives. The School Board's resolution will provide the following: 1) that additional funding is required; 2) the amount of additional funding requested; 3) the purpose for the additional funding; and 4) that the School Board supports an increase in the real estate tax (or other local tax) should the City Council determine that such a tax increase is necessary. 4.2. If the City Council determines that additional funding is warranted to maintain the current level of City and Schools operations or to provide for additional initiatives, the City Council shall determine appropriate action. This action may include consideration of existing dedications or alternate sources of revenue or tax increases. If, after deliberation and appropriate public involvement, the City Council determines that additional tax revenues are required, City Council may adopt a tax rate increase to any revenue stream within this formula to generate additional local tax revenue. 4.3. Should the City Council dedicate such increase in local taxes, that dedication will be treated in the same manner as other Dedicated Local Tax. If the City Council does not dedicate the increased taxes, this revenue will be part of the Local Tax Revenues for purposes of this Policy. 5. Actual Revenue Collections deviate from Budget Local Tax Revenues: 5.1. If, at the end of the fiscal year, the actual Local Tax Revenues exceed the budgeted amount, the amount of excess revenue will be allocated in the same manner as similar revenues were apportioned in the recently ended fiscal year. However, such excess revenues are subject to the City Council's General Fund Balance Reserve Policy. If such funds are not required for the General Fund Balance Reserve Policy, the School Board may request that such funds be appropriated at the same time as the appropriation of reversion funds, discussed in section 6.3, below. 5.2. If, the City, through the Manager or his designee, anticipates at any time during the fiscal year that actual revenues will fall below budgeted revenues, the School Board, upon notification by the City Manager or his designee of such an anticipated shortfall, will be expected to take necessary actions to reduce expenditures in an amount equal to the School's portion of the shortfall. 6. Reversion of Formula Revenues: 6.1. All other sources of funding shall be expended by the Schools prior to the use of Local Tax Revenues. 6.2. All balances of Local Tax Revenues held by the Schools at the close of business for each fiscal year ending on June 30th (to include the accrual period) lapse into the fund balance of the City's General Fund. The reversion described in the preceding sentence is specific to Local Tax Revenues, and while the appropriation to spend funds may lapse, the reversion process is not applicable to moneys in a fund, such as the Athletic Fund, that are attributable to user fees or gate admissions. Page 4 of 6 6.3. Reversion Appropriation Process: The School Board may request, by resolution, the reappropriation and appropriation of funds resulting from the end of the fiscal year. This request should consider the following: 6.3.1.The use of funds whose appropriation has lapsed because of the end of the fiscal year and reverted to the fund balance of the City's General Fund. See Section 6.2. 6.3.2.The use of excess funds discussed in Section 5.1. 6.3.3.The calculation of actual debt payments for the fiscal year recently closed as compared to the estimated debt payments upon which the fiscal year's budget was appropriated. If the actual debt payment exceeds estimated debt payments, the amount of Schools reversion funds will be reduced by this difference. If actual debt is less than estimated debt payments, the amount of Schools reversion funds will be increased by this difference. 6.3.4.The Schools' Budget Office will confer with Management Services to verify that there is sufficient fund balance in the General Fund to meet the City Council Fund Balance Policy. If there is insufficient fund balance according to the Fund Balance Policy, the City Manager shall notify the Superintendent of this condition. 6.3.5.The School Board resolution may request the use of excess or reversion funds for one-time purchases or to be retained according to applicable policy on the Schools Reserve Fund (Fund 098), including School Board Policy #3-28, and City Council Ordinance # 2789F, adopted November 4, 2003. 6.3.5.1. Upon receipt of the resolution, Management Services shall prepare an ordinance for City Council's consideration of the School Board's request at the earliest available City Council meeting. 6.3.5.2. Following City Council's action Management Services shall notify the Schools of the City Council's decision and shall adjust the accounting records accordingly. 7. Revision to the City/School Revenue Sharing Policy: 7.1. The Superintendent, City Manager, School Chief Financial Officer, and the City's Director of Management Services shall meet annually to discuss changes in State and Federal revenues that support Schools operations, any use of "one-time" revenues, and any adjustments made to existing revenues affecting this formula. If they determine that an adjustment is needed, the City Manager and Superintendent will brief the City Council and School Board respectively. 7.2. City Council may revise this Policy at its discretion after consultation with the School Board. Page 5 of 6 7.3. If no other action is taken by the City Council and School Board, this Policy shall remain effective until June 30th 2015 at which time it will be reviewed and considered for reauthorization. Approved: As to Content: Pr. James G. qierrill E Date chool Superi tendent Jam Jam s K. Spore Dat �l 10/1-7/1Z As to Legal Sufficiency: ► —� Mark D. Stiles Date City Attorney Approved by School Board: Daniel D. Edwards Date School Board Chairman Approved by City Council: William D. Sessoms, Jr. Date Mayor Page 6 of 6 ar���y' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance (1) Authorizing the City Manager to Terminate the Purchase Agreement between the City and Tailwind Development Group, L.L.C. and (2) Directing the City Manager to Solicit Proposals for the Development of a Hotel at the Northwest Corner of Princess Anne Road and South Independence Boulevard MEETING DATE: October 23, 2012 ■ Background: In 2008, the City of Virginia Beach (the "City") issued its Request for Proposals (the "RFP"), soliciting proposals for the purchase and development of an approximately 4.25 acre parcel of City -owned property located at the northwest corner of Princess Anne Road and South Independence Boulevard in Virginia Beach (GPIN: 1485-16-9065) (the "Property"). After a review of all responsive proposals, the City and Tailwind Development Group, L.L.C. ("Tailwind") entered into an Agreement of Sale dated November 16, 2009, as amended by the First Amendment to Agreement of Sale dated March 1, 2010, the Second Amendment to Agreement of Sale dated May 17, 2010, and the Third Amendment to Agreement of Sale dated October 26, 2010 (collectively, the "Purchase Agreement"). The Purchase Agreement provided for the sale of the Property to Tailwind on the condition that Tailwind develop a Class A professional office building on the Property. The Purchase Agreement also required Tailwind make a $50,000 deposit to the City (the "Deposit"). Due to unforeseen circumstances, Tailwind has been unable to perform under the Purchase Agreement. Further, after consideration of the needs of the City, City Council has determined that the best use of the Property is for the development of a hotel. Staff has recommended that the Purchase Agreement be terminated, the Deposit be returned to Tailwind, and the City issue a new solicitation for proposals seeking development of the Property as a hotel. ■ Considerations: The Property is one of the few parcels in this area of the City where zoning and Naval restrictions would permit the operation of a hotel A hotel in this area would support the various educational, recreational and health care uses in the Princess Anne Commons corridor. ■ Public Information: Advertisement of City Council Agenda. ■ Recommendations: Approval ■ Attachments: Ordinance, Location Map Recommended Action: Approval Submitting Department/Agency: Public Works / Real Estate City Manager: �"4�t-rY PA� 1 AN ORDINANCE (1) AUTHORIZING THE CITY 2 MANAGER TO TERMINATE THE PURCHASE 3 AGREEMENT BETWEEN THE CITY AND TAILWIND 4 DEVELOPMENT GROUP, L.L.C. AND (2) 5 DIRECTING THE CITY MANAGER TO SOLICIT 6 PROPOSALS FOR THE DEVELOPMENT OF A 7 HOTEL AT THE NORTHWEST CORNER OF 8 PRINCESS ANNE ROAD AND SOUTH 9 INDEPENDENCE BOULEVARD to 11 WHEREAS, the City of Virginia Beach (the "City") owns the 4.25+/- parcel of 12 land located at the northwest corner of Princess Anne Road and S. Independence Blvd. 13 in Virginia Beach (GPIN: 1485-16-9065) (the "Property"); 14 15 WHEREAS, in 2008 the City issued its Request for Proposals seeking a private 16 party to purchase and develop the Property (the "RFP"); 17 18 WHEREAS, as a result of the RFP, the City and Tailwind Development Group, 19 L.L.C. ("Tailwind") entered into an Agreement of Sale dated November 16, 2009, as 2o amended by that certain First Amendment to Agreement of Sale dated March 1, 2010, 21 the Second Amendment to Agreement of Sale dated May 17, 2010, and the Third 22 Amendment to Agreement of Sale dated October 26, 2010 (collectively, the "Purchase 23 Agreement") for the development of the Property as a medical office complex; 24 25 WHEREAS, as set forth in the Purchase Agreement, Tailwind paid a deposit of 26 $50,000 to the City to be applied against the purchase price of $1,391,950 for the 27 Property; 28 29 WHEREAS, due to unforeseen circumstances, Tailwind has been unable to 30 purchase the Property. Furthermore, that City Council is of the opinion that the 31 development of a hotel on the Property would be in the City's best interests; and 32 33 WHEREAS, City Council desires the City Manager to solicit new proposals from 34 the general public to ensure it obtains the most advantageous terms for the sale and 35 development of the Property as a hotel. 36 37 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 38 VIRGINIA BEACH, VIRGINIA: 39 40 1. That the City Manager is hereby authorized to execute a Termination 41 Agreement to terminate the Purchase Agreement between Tailwind Development 42 Group, L.L.C. and the City, and return the $50,000 paid as a deposit, and such other 43 terms, conditions and modifications as maybe acceptable to the City Manager and in a 44 form deemed satisfactory by the City Attorney. 45 2. That the City Manager is directed to solicit new proposals for the development 46 of a hotel on the Property. 47 48 This ordinance shall be effective from the date of its adoption. 49 50 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 51 of 2012. APPROVED AS TO CONTENT blic Works / Real Estate CA12403 \\vbgov.com\DFS1\Applications\CityLawProd\cycom32\W pdocs\D008\P020\00041728. DOC R-1 10/10/2012 APPROVED AS TO LEGAL SUFFICIENCY City Attorney el K r,`pG ktA BF,j H7 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance declaring the property located at 405 Fountain Drive (GPIN 2407- 46-2671) and two adjoining lots (GPINs 2407-46-3607 and 2407-46-2753) to be in excess of the City's needs and authorizing the City Manager to sell the properties to Nicholson Properties, LLC. MEETING DATE: October 23, 2012 ■ Background: The City acquired 405 Fountain Drive and two adjacent lots in April 2010 for $415,000 (the "Property"). The Property was purchased under the Oceana and Interfacility Traffic Area Conformity & Acquisition Program (CIP 9-060). The Property is zoned A-12 and had the potential for eight residential dwelling units. The three lots were developed with a single-family home at the time of the City's acquisition. The APZ-1/CZ Master Plan designates the area as "transitional" and appropriate for compatible commercial uses under the AICUZ guidelines. The APZ-1 Disposition Committee has evaluated the parcels and determined they should be sold and developed with a compatible use. Nicholson Properties, LLC ("Nicholson") has agreed to purchase the Property and will develop it with a 10,000 +/- square foot warehouse and distribution facility for East Coast Appliance, an appliance and electronics dealer. ■ Considerations: The site shall be used for warehousing and distribution. The proposed use is compatible with Section 1804 of the City Zoning Ordinance. The agreement of sale will include specific design criteria, which shall be incorporated as a deed restriction at closing. ■ Public Information: Advertisement of Public Hearing and advertisement of City Council Agenda. ■ Alternatives: Retain ownership of land. ■ Recommendation: Approve the request. ■ Revenue restriction: The City funded the acquisition of the Property through the partnership with the Commonwealth of Virginia. The proceeds from the sale of the Property in the amount of $150,000 will be received and fifty percent (50%) of the amount will be appropriated to CIP #9-060, Oceana and Interfacility Traffic Area Conformity and Acquisition, and fifty percent (50%) will be deposited for future payment by the City Manager to refund the Commonwealth's portion in accordance with the grant agreement. A manual encumbrance will be established to ensure that the $75,000 retained by the City will be available for BRAC program acquisitions in future years, per agreement with the Commonwealth. ■ Attachments: Ordinance, Location Map, Summary of Terms Recommended Action: Approval of the ordinance Submitting Department/Agency: Economic Development,;, City Manager: k . I AN ORDINANCE DECLARING THE PROPERTIES 2 LOCATED AT 405 FOUNTAIN DRIVE (GPIN: 2407-46- 3 2671) AND TWO ADJOINING LOTS (GPINS 2407-46- 4 3607 AND 2407-46-2753) TO BE IN EXCESS OF THE 5 CITY'S NEEDS O SED L AUTHORIZING THEPROPERTIES CITY TO 6 MANAGER 7 NICHOLSON PROPERTIES, LLC. 8 9 WHEREAS, the City of Virginia Beach (the "City") is the owner of three parcels of l0 land located at 405 Fountain Drive and two adjoining lots, further described on Exhibit A 11 attached hereto and made a part hereof (the "Property"); 12 pursuant to the Oceana and 13 WHEREAS, the City acquired the Property 14 Interfacility Traffic Area Conformity & Acquisition Program (CIP 9-060); 15 16 WHEREAS, the City funded the acquisition of the APZ-1 purchase through a 17 partnership with the Commonwealth of Virginia (the "Commonwealth"), with each party 18 contributing fifty percent (50%) of the purchase price; 19 20 WHEREAS, the Property is in an area designated for transitional use in the APZ- 21 1/Clear Zone Master Plan adopted by Council on April 1, 2008; 22 23 WHEREAS, the APZ-1 Disposition Committee has recommended that City 24 Council declare the Property to be in excess of the City's needs and sell the Property to 25 Nicholson Properties, LLC ("Nicholson"); 26 27 WHEREAS, Nicholson will construct a new warehouse and distribution facility on 28 the Property to prescribed standards acceptable to the City, which is a use compatible 29 with Section 1804 of the City Zoning Ordinance; 30 31 WHEREAS, Nicholson will purchase the Property in accordance with the 32 Summary of Terms attached hereto as Exhibit B and made a part hereof; and 33 34 WHEREAS, the City Council is of the opinion that the Property is in excess of the 35 needs of the City of Virginia Beach. 36 37 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 38 OF VIRGINIA BEACH, VIRGINIA: 39 40 That the Property described on Exhibit A is hereby declared to be in excess of 41 the needs of the City of Virginia Beach and that the City Manager is hereby authorized 42 to execute any documents necessary to convey the Property to Nicholson Properties, 43 LLC, in substantial conformity with the Summary of Terms attached hereto as Exhibit B 44 and such other terms, conditions or modifications as may be acceptable to the City 45 Manager and in a form deemed satisfactory by the City Attorney. Further, that the revenue from the sale of the Property in the amount of $150,000 shall be received and fifty (50) percent of this amount shall be appropriated to CIP #9- 060, Oceana Interfacility Traffic Area Conformity and Acquisition, and fifty (50) percent shall be deposited for future payment by the City Manager to refund the Commonwealth's portion in accordance with the grant agreement. A manual encumbrance will be established to ensure that the $75,000 retained by the City will available for BRAC program acquisitions in future years per the agreement with the Commonwealth. This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the day of .2012. APPROVED AS TO CONTENT APPROVED AS TO CONTENT Aanagaem4en(Services CA12401 \\vbgov.com\dfs I \applications\citylawprod\cycom32\wpdocs\d005\p015\00041458.doc R-1 October 8, 2012 APPROVED AS TO LEGAL SUFFICIENCY Cit Ate ney . EXHIBIT A G PI N: 2407-46-2671 ALL THOSE certain lots, pieces or parcels of land, with the buildings and improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia and being known, numbered and designated as Lot 98 and Lot 99 as shown on the plat entitled "A Part of Maxey Manor", which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 27 at page 30. GPIN: 2407-46-3607 and 2407-46-2753 All THOSE certain lots, pieces or parcels of land, with the buildings and improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia and being known, numbered and designated as Lot 100 and 101 as shown on the plat entitled "A Part of Maxey Manor", which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 27 at page 30. LESS AND EXCEPT all right, title and interest of the Grantor in and to any public road, public rights-of- way, or public easements adjacent to the above - referenced property. IT BEING the same properties conveyed to the City of Virginia Beach by Deed from East Coast Cedar Co., Inc. a Virginia corporation, dated April 12, 2010 and recorded in the aforesaid Clerk's Office as Instrument Number 20100430000403550. EXHIBIT B SUTAMARY OF TERMS SALE OF EXCESS PROPERTY AT 405 FOUNTAIN DRIVE AND MAXEY MANOR LOTS 100 & 101 SELLER: City of Virginia Beach PURCHASER: Nicholson Properties, a Virginia limited liability company PROPERTY: 405 Fountain Drive, GPIN: 2407-46-2671; Maxey Manor Lot 100, GPIN 2407-46-3607; Maxey Manor Lot 101, GPIN 2407-46-2753 and further described on Exhibit A to the Ordinance. SALE PRICE: $150,000 CONDITIONS OF SALE • The Purchaser shall be responsible for rezoning the Property and applying for an APZ-1 conditional use permit (if applicable) which will allow warehousing and distribution in the zoning district. • The Property shall be subdivided at the Purchaser's expense in order to join the Property with the adjacent parcels and vacate the interior lot lines. • The Purchaser shall construct a 10,000 +/-square foot warehouse and distribution facility. • The Purchaser shall submit a site plan for review and approval by the Planning Department prior to settlement. • The City retains the right to repurchase the property, less deposit, if Purchaser does not construct within18 months of settlement. • The Purchaser will conform to restrictive covenants and design criteria regarding use, construction, materials, signage, parking, and landscaping. ry��Fu,BFA;y` roj!^M. X71 !'U CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Establish the 2040 Vision to Action Community Coalition Commission MEETING DATE: October 23, 2012 ■ Background: On January 11, 2011, the Envision Virginia Beach 2040 Committee was appointed by the Mayor to study and analyze current trends and forces affecting the City. The Committee spent over 700 volunteer hours developing a compelling, challenging, yet realistic vision of the future of Virginia Beach. The report was presented to City Council May 15, 2012, outlining four Bold Steps that are high level strategies or actions that stimulate other activates and move the community, government, business, education and non -profits toward the vision. City Council endorsed the vision on June 12, 2012 and directed the City Manager or designee return to the City Council before the end of the calendar year with details for the formation of a continuing body, appointed by City Council, to monitor and pursue the report's vision of the future, to communicate with regional bodies, delegations, and community groups. ■ Considerations: The attached resolution establishes the 2040 Vision to Action Community Coalition Commission. ■ Public Information: Public information will be provided through the normal Council agenda process. ■ Attachments: Resolution Recommended Action: Approval Submitting Department/Agency: City Manager: V , Strategic Growth Area Office 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 A RESOLUTION TO ESTABLISH THE 2040 VISION TO ACTION COMMUNITY COALITION COMMISSION WHEREAS, in January 2011, the Envision Virginia Beach 2040 Committee (the "Committee") was appointed to study and analyze current trends and forces affecting our community to determine the future of Virginia Beach in 2040; and WHEREAS, the Committee reviewed community factors and considerations, such as the military presence, safe and stable neighborhoods, transportation corridors, quality of education, employment for future generations, agricultural reserve, cultural opportunities, recreational opportunities, and technological changes; and WHEREAS, the Envision Virginia Beach 2040 Committee report dated May 15, 2012, includes broad areas of focus and provides an expanded description of the desired future; and WHEREAS, The City Council endorsed the report -on June 12, 2012 as a positive and inclusive vision of the future and directed the City Manager or his designee to return to the City Council before the end of the calendar year with details for the formation of a continuing body, appointed by City Council, to monitor and pursue the report's vision of the future, to communicate with regional bodies, delegations, and community groups, and to pursue the report's bold steps for Regionalism, Early Childhood Education, Transportation, and the Vision to Action Community Coalition. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: The City Council herby establishes an ongoing 2040 Vision to Action Community Coalition Commission ("the Commission"). BE IT FURTHER RESOLVED, THAT: The Commission will monitor and measure the planning and implementation of the Envision Virginia Beach 2040 report and communicate that vision with regional bodies, delegations and community groups. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2012. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: `►� Strategic GTMA Area Offil CA12455 R-3 October 17, 2012 min s y ^l CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Approve Establishment of Emergency Medical Response, LLC in Virginia Beach and to Approve an Annual EMS Permit for Providing Private Ambulance Services MEETING DATE: October 23, 2012 ■ Background: Code of Virginia Section 15.2-955 requires City Council to approve, by resolution, the establishment of any emergency medical service organization wishing to operate in the City of Virginia Beach. Further, Code of Virginia Section 32.1-111.14 and City Code Section 10.5-2 require such an organization to obtain an annual permit authorizing its operation. The required annual permit must be granted by City Council. ■ Considerations: The required application has been processed by the Department of Emergency Medical Services for the operation of a private permitted EMS agency. The Department of Emergency Medical Services is recommending approval of both the establishment and operation of Emergency Medical Response, LLC in Virginia Beach as necessary to assure the provision of adequate and continuing emergency services and to preserve protect and promote the public health, safety and general welfare. This permit will be effective immediately and until June 30, 2013. ■ Public Information: Public information will be handled through the normal agenda process. Additionally, under the provisions of Code of Virginia Section 32.1- 111.14, a public hearing must be held prior to acting upon the resolution. The public hearing may be held on the same day the resolution comes before Council for a vote. Recommendations: Approve Resolution. N Attachments: Resolution. Recommended Action: Approval Submitting Department/Agency: Department of Emergency Medical Servi``' 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 35 A RESOLUTION TO APPROVE ESTABLISHMENT OF EMERGENCY MEDICAL RESPONSE, LLC IN VIRGINIA BEACH AND TO APPROVE AN ANNUAL EMS PERMIT FOR PROVIDING PRIVATE AMBULANCE SERVICES WHEREAS, in accordance with Code of Virginia § 15.2-995, City Council must approve the establishment of an emergency medical service organization in the City of Virginia Beach; and WHEREAS, in accordance with Code of Virginia § 32.1-111.14 and City Code § 10.5-2 , any individual or organization that desires to operate an emergency medical services agency or emergency medical services vehicles in Virginia Beach for emergency transport or non -emergency transport purposes must apply for a permit; and WHEREAS, a request for establishment and an application for a permit has been received from Emergency Medical Response, LLC; and WHEREAS, this request and application has been recommended for approval by the Virginia Beach Department of Emergency Medical Services-, and WHEREAS, City Council finds the approval of this request and application is in the best interests of the citizens of Virginia Beach as it will assure continued and adequate emergency services and will preserve, protect and promote the public health, safety and general welfare of the citizens. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the request of Emergency Medical Response, LLC for the establishment of its emergency medical service in the City of Virginia Beach, and its application for an annual EMS permit for providing private EMS ambulance services in the City of Virginia Beach is hereby approved and granted, effective immediately and until June 30, 2013. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2012. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Emer ency Medical Services City At y's ice CA12447 R-1 October 3, 2012 •i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate Funds and to Transfer Funds from Various Capital Projects to Capital Project #9-081, Strategic Growth Area Projects to be Used within the Burton Station SGA — Burton Station Village (Phase 1) MEETING DATE: October 23, 2012 ■ Background: The top priority of the Burton Station SGA plan is the development of the Burton Station Village. Burton Station Village, Phase I, includes new water and sanitary sewer service, removal of overhead power lines, new streetlights and new street and streetscape improvements. The project is funded in the Strategic Growth Area CIP #9-081. The project has made great progress with the bid documents complete and staff actively acquiring the needed property for the improvements. Through this effort it has become clear the acquisition costs related to the street improvements exceed estimates. Additionally, funding for stormwater improvement needs to be increased. Following the August Council Retreat, staff was directed to identify $2,500,000 to transfer into the Burton Station Village, Phase I. ■ Considerations: Funding is proposed from a combination of transfers and appropriation of miscellaneous revenues. Transfers to totaling $1,000,000 have been identified in existing SGA capital projects: #9-504 Newtown Strategic Growth Area $330,000, #9-505 Pembroke Strategic Growth Area $335,000 and #9-506 Rosemont Strategic Growth Area $335,000. Additional funding identified by the annual review conducted by the Department of Finance to close-out capital projects in the City's financial system has located $1,133,372 from closed projects that are available for reallocation. Also, the Finance identified $366,628 from interest on deposits, and miscellaneous revenues including construction plan review fees, and cash proffers. All of these funds would usually be incorporated into the upcoming CIP, but are being recommended now to assist in funding the additional costs for Burton Station Village (Phase 1). ■ Public Information: Information will be disseminated through the regular Council agenda notification process. ■ Recommendation: Approve the attached capital budget amendment ■ Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: Strategic Growth Area Office City Manager: 1 AN ORDINANCE TO APPROPRIATE FUNDS AND TO 2 TRANSFER FUNDS FROM VARIOUS CAPITAL 3 PROJECTS TO CAPITAL PROJECT #9-081, STRATEGIC 4 GROWTH AREA PROJECTS TO BE USED WITHIN THE 5 BURTON STATION SGA - BURTON STATION VILLAGE 6 (PHASE 1) 7 8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA, THAT: 10 11 1. The following funds in the amounts shown are hereby transferred to CIP 12 #9-081 Strategic Growth Area Projects for Northampton Boulevard Burton Station SGA - 13 Burton Station Village Phase I: 14 15 a. $330,000 from CIP #9-504, Newtown Strategic Growth Area; 16 b. $335,000 from CIP #9-505 Pembroke Strategic Growth Area; 17 c. $335,000 from CIP #9-506 Rosemont Strategic Growth Area; and 18 d. $1,133,372 is hereby transferred from various closed capital projects, 19 the remaining balances are located in the 540 Fund, 529 Fund, and 20 497 Fund; and 21 22 2. $366,628 is hereby appropriated from interest on deposits and other 23 miscellaneous revenues including construction plan review fees and cash proffers, with 24 estimated revenues increased accordingly, to CIP #9-081 Strategic Growth Area 25 Projects for Northampton Boulevard Burton Station SGA -Burton Station Village Phase I. 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 CA12451 R-2 October 17, 2012 APPOROVED AS TO LEGAL SUFFICIENCY: I J , qty e s ffice CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate Fund Balance of the DEA Shared Asset Special Revenue Fund for Police Equipment, Training, and Contractual Services MEETING DATE: October 23, 2012 ■ Background: The Police Department requests the use of $287,000 from the fund balance of the DEA Shared Asset Special Revenue Fund to purchase the following priority equipment and services that have not been funded through the operating budget: • Annual continuation license for the Police Online Training System ($43,000); • 40 additional/replacement electronic control devices ($80,0.00); • Audio/video equipment for police interview room ($5,000); • 20 additional digital in -car camera systems ($84,000); • Training and Leadership Development funding ($25,000); and • Professional services for a promotional process for the rank of sergeant to include assessment center ($50,000). ■ Considerations: There is sufficient fund balance in the DEA Shared Asset Special Revenue Fund to cover this cost. According to the Department of Justice, these funds are to be used to provide law enforcement agencies monetary resources to assist in accomplishing their mission. ■ Public Information: Public information would be made available through the normal Council Agenda process. ■ Recommendation: Approve the attached budget amendment. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/A}/gency: Police Department CN --P I r - City Manager: r . 1 2 3 4 5 6 7 8 9 10 11 AN ORDINANCE TO APPROPRIATE FUND BALANCE OF THE DEA SHARED ASSET SPECIAL REVENUE FUND FOR POLICE EQUIPMENT, TRAINING, AND CONTRACTUAL SERVICES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $287,000 is hereby appropriated, with estimated revenues increased accordingly, from the fund balance of the DEA Shared Asset Special Revenue Fund to the FY 2012-13 Operating Budget of the Police Department to purchase various equipment and services for the Police Department. 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: (' L Management Services City A e ' ice CA12452 R-1 October 11, 2012 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate Monies from the Fund Balance of the General Fund to the Department of Human Services to Provide a Grant to the Virginia Beach Community Trust MEETING DATE: October 23, 2012 ■ Background: The Department of Human Services (DHS) requests the use of a portion of fund balance remaining from when the department was classified as a special revenue fund. Since the elimination of the Mental Health Special Revenue Fund in FY 2005, these funds have been held in the fund balance of the General Fund and are designated for Human Services programs and purposes. DHS requests the use of a portion of the fund balance to provide a grant to Virginia Beach Community Trust, Exempt Fund, (the "Community Trust"), a non-profit agency that owns and helps to support 3705 Gresham Court (the "Facility"). The Community Trust has been a partner in the DHS Supportive Living Program (the "Program"). The Community Trust will use the $95,000 in grant funds and its own funds to improve the Facility including: to add an additional bedroom; convert some of the existing bedrooms and bathrooms to "barrier free" (ADA compliant) rooms; and to replace the HVAC system for the residence. The additional bedroom will be used to house an intellectually disabled individual. ■ Considerations: There are no additional FTEs required as part of this request. DHS does receive Medicaid reimbursements as part of the Program. As with all such reimbursements, the funds will be used for Program purposes. The funding will enable Department of Human Services to generate revenue of $71,000 from Medicaid on an annual basis. The estimated annual cost is approximately $29,000, leaving the remainder of estimated net revenue totaling $42,000. ■ Public Information: The use of funds was endorsed by the Community Services Board at its May 2012 meeting. Public information will be coordinated through the normal Council agenda process. ■ Recommendation: Approve the attached budget amendment and grant to the Community Trust. ■ Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Human Services City Manage'. ���, 1 AN ORDINANCE TO APPROPRIATE MONIES FROM THE 2 FUND BALANCE OF THE GENERAL FUND TO THE 3 DEPARTMENT OF HUMAN SERVICES TO PROVIDE A 4 GRANT TO THE VIRGINIA BEACH COMMUNITY TRUST 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 That $95,000 is hereby appropriated from the fund balance of the General Fund, 8 with revenues from fund balance increased accordingly, to the FY 2012-13 Operating 9 Budget of the Department of Human Services to provide grant funding to the Virginia 10 Beach Community Trust, Exempt Fund, to allow the renovation of a residence located at 11 3705 Gresham Court as part of the Supportive Living 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: APPROVED AS TO LEGAL SUFFICIENCY: JP Manage ent Services CffyAttoFrWd Office CA12454 R-1 October 11, 2012 L. PLANNING 1. Application of RANDEE MARIE HOLMES/THOMAS and RANDEE HOLMES for Modification of Conditions Nos. 2 and 5 (approved by City Council on August 13, 2002) re child day care at 1952 Blue Knob Road DISTRICT 1 — CENTERFIELD RECOMMENDATION APPROVAL 2. Application of DIANE L. McEWEN for a Conditional Use Permit re child day care at 616 Connie Way DISTRICT 2 — KEMPSVILLE RECOMMENDATION :"19,• 3. Application of AMANDA JEANS/THOMAS J. and AMANDA I. JEANS for a Conditional Use Permit re residential kennel at 4677 Ardmore Lane DISTRICT 1 - CENTERVILLE STAFF RECOMMENDATION PLANNING COMMISSION RECOMMENDATION APPROVAL DENIAL ,!�it11A'9E,t�. 'O4 a�9p v i a NOTICE OF PUBLIC HEARING The regular meeting of the City Council of the City of Virginia Beach will be held in the Council Chamber of the City Hall Building, Municipal Center, 2401 Courthouse Drive, Virginia Beach, Virginia, on Tuesday, October 23, 2012, at 6:00 PM, at which time a Public Hearing to consider the following applications will be held: CENTERVILLE DISTRICT Randee Marie Holmes / Thomas & Randee Holmes Application: Modification of Conditions (Child Day Care in Home) at 1952 Blue Knob Road (GPIN 1464092059). Amanda Jeans / Thomas J. & Amanda I. Jeans Application: Conditional Use Permit (Residential Kennel) at 4677 Ardmore Lane (GPIN 1475430733). KEMPSVILLE DISTRICT Diane L. McEwen Application: Conditional Use Permit (Child Day Care in Home) at 616 Connie Way (GPIN 1468505576). All interested parties are invited to attend. Ruth Hodges Fraser, MMC City Clerk Copies of the proposed ordinances, resolutions and amendments are on file and may be examined in the Department of Planning or online at htt{1:,'iwtivw.vbgov.com/cc For information call 385-4621. If you are physically disabled or visually Impaired and need assistance at this meeting, please call the CRY CLERK'S OFFICE at 385- 4303. Ruth Hodges Fraser, MMC City Clerk Beacon October 7 & 14, 2012 23235058 PM C pw v OV 4 IC Inv i� t �J��xU��iCy4. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: RANDEE MARIE HOLMES / THOMAS & RANDEE HOLMES, Modification of Conditions (Child Day Care in Home), 1952 Blue Knob Road (GPIN 1464092059). CENTERVILLE DISTRICT. MEETING DATE: October 23, 2012 ■ Background: A Conditional Use Permit permitting the home occupation of a child day care was approved by the City Council on August 13, 2002. The Conditional Use Permit has 7 conditions. Condition 1 limits the number of children permitted with the daycare operation to 10 and limits no more than 5 children under the age of 2 Y2 at any time. The applicant's request is to modify these limits by increasing the number of children permitted to 12 and to allow the Virginia Department of Social Services (DSS) to utilize the DSS regulations to determine the specific number of children allowed within an age group. ■ Considerations: The existing single-family dwelling contains approximately 5,000 square feet, and the fenced rear yard is of ample size to accommodate the children. There is, however, no specific floor area requirement for the number of children permitted in a home. DSS determines the capacity of a family day home based on various factors provided in State Board of Social Services' Standards for Licensed Family Day Homes (adopted July 2010). Thus, the final determination of the maximum number of children will be made by the DSS. The Department of Social Services is responsible for ensuring quality care for the children. A family day home (child daycare) is subject to licensure when 6 to12 children, exclusive of the provider's own children and any children who reside in the home, are provided care at any one time. The licensed capacity is the number of children allowed in care at any one time. The number of children permitted based on age is determined by a point system developed by the Virginia Department of Social Services (DSS). The applicant is requesting that the number of children under her care be increased from 10 to 12 and that the ages of those children be determined by the Social Services point system. The applicant's purpose in seeking approval of this Use Permit prior to DSS making the above -noted determinations is to meet the requirement of DSS that the proposal complies with the regulations of the Zoning Ordinance. There was no opposition to the request. Randee Marie Holmes Page 2 of 2 ■ 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: 1. All conditions with the exception of Number 1 attached to the Conditional Use Permit granted by the City Council on August 13, 2002, shall remain in effect. 2. Condition Number 1 of the August 13, 2002, Conditional Use Permit is deleted and replaced with the following: The home daycare shall be limited to a total of twelve (12) children and the permitted number of children based on age shall be as set forth by the Virginia Department of Social Services. ■ 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: t ice-, CENTERVILLE 12 September 12, 2012 Public Hearing APPLICANT: RANDEE M. HOLMES PROPERTY OWNER: THOMAS AND RANDEE HOLMES STAFF PLANNER: Carolyn A. K. Smith REQUEST: Modification of a Conditional Use Permit for Home Occupation (home daycare) - approved by the City Council on August 13, 2002. ADDRESS / DESCRIPTION: 1952 Blue Knob Road GPIN: Randce MaHe Holnies SITE SIZE: AICUZ: 14640920590000 {T.- _ 12,377 square feet ik7 s =o Rlt5 jP�'' Al2 'm RTS LA D;' A24*M2, ez m EW, • Zoelm, rNh Lomlitbns.9roM�rs. Op.n Modification of Conditions 12 September 12, 2012 Public Hearing APPLICANT: RANDEE M. HOLMES PROPERTY OWNER: THOMAS AND RANDEE HOLMES STAFF PLANNER: Carolyn A. K. Smith REQUEST: Modification of a Conditional Use Permit for Home Occupation (home daycare) - approved by the City Council on August 13, 2002. ADDRESS / DESCRIPTION: 1952 Blue Knob Road GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14640920590000 CENTERVILLE 12,377 square feet Less than 65 dB DNL SUMMARY OF REQUEST The Conditional Use Permit permitting the home occupation of a daycare was approved by the City Council on August 13, 2002. The Conditional Use Permit has 7 conditions listed below. 1. The home daycare shall be limited to a total of 10 children other than children living in the home. There shall be no more than 5 children under the age of 2'/2 in the home at one time. 2. No more than one person other than a relative residing in the home shall be employed by the home daycare. 3. A fence shall be maintained at all times to create an enclosed play area. 4. Any loose materials or equipment or machines in the front, side, or rear yards shall be removed or stored in an enclosed building. 5. No signs advertising the home daycare shall be permitted on the lot or buildings on the lot at any time. 6. The applicant shall maintain a family daycare home license with the Commonwealth of Virginia. Failure to maintain a family daycare home license shall terminate this conditional use permit. 7. The applicant shall receive a Certificate of Occupancy from the Building Official for the home daycare/residential use. Condition 1 limits the number of children permitted with the daycare operation to 10 and limits no more than 5 children under the age of 2'/z at any time. The current request is to modify these limits by increasing the number of children permitted to 12 and allowing the specific number of children based on age be determined by the standards established by the Virginia Department of Social Services. LAND USE AND PLAN INFORMATION EXISTING LAND USE: Single-family dwelling SURROUNDING LAND North: . Single-family dwellings / R-7.5 Residential District USE AND ZONING: South: . 120 -foot wide Virginia Power easement / R-7.5 • Residential District East: . Single-family dwellings / R-7.5 Residential District West: . Single-family dwellings / R-7.5 Residential District NATURAL RESOURCE AND There are no significant environmental resources on this site as it is CULTURAL FEATURES: currently developed as a single-family lot. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area of the City as Suburban Area. The general planning principles for the Suburban Area focus on preserving and protecting the overall character, economic value, and aesthetic quality of stable neighborhoods. Three key planning principles have been established in the Comprehensive Plan to promote this stability: preserve neighborhood quality, create and protect open spaces, and connect suburban mobility. To preserve neighborhood quality the Plan promotes compatible land use, safe streets, careful mix of land uses, neighborhood commercial use, compatible infill development and conditions on places of special care and home occupations. Achieving these goals requires that all land use activities, such as home occupations, either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability, and effective buffering with respect to type, size, intensity and relationship to the surrounding uses CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Blue Knob Road is considered a two-lane undivided local street. There are no Roadway CIP Projects programmed for this roadway. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Blue Knob Road No Data N/A Existing Land Use — 45 Available ADT Proposed Land Use 2— 54 ADT Average Daily Trips ' as defined by 10 children in home daycare plus single-family dwelling las defined by 12 children in home daycare plus single-family dwelling WATER & SEWER: There is a six-inch water main in Blue Knob Road fronting the property. This site is already connected to both City water and sewer. EVALUATION AND RECOMMENDATION The Department of Social Services is responsible for ensuring quality care for the children. A family day home (child daycare) is subject to licensure when 6 to12 children, exclusive of the provider's own children and any children who reside in the home, are provided care at anyone time. The licensed capacity is the number of children allowed in care at any one time. The number of children permitted based on age is determined by a point system developed by the Virginia Department of Social Services (DSS). The applicant is requesting that the number of children under her care be increased from 10 to 12 and that the ages of those children be determined by the Social Services point system. The existing single-family dwelling, approximately 5,000 square feet and the fenced rear yard is of ample size to accommodate the children. There is no specific floor area requirement for the number of children permitted in a home. DSS determines the capacity of a family day home based on various factors provided in State Board of Social Services' Standards for Licensed Family Day Homes (adopted July 2090). Thus, the final determination of the maximum number of children will be made by the DSS. The applicant's purpose in seeking approval of this Use Permit prior to these determinations being made by DSS is to meet the requirement of DSS that the proposal complies with the regulations of the Zoning Ordinance. Staff concludes that the applicant's request will not adversely impact any surrounding properties and is consistent with the recommendations of the Comprehensive Plan for the Suburban Area. Approval of the requested modification is recommended subject to the following conditions. CONDITIONS 1. All conditions with the exception of Number 1 attached to the Conditional Use Permit granted by the City Council on August 13, 2002, shall remain in effect. 2. Condition Number 1 of the August 13, 2002, Conditional Use Permit is deleted and replaced with the following: The home daycare shall be limited to a total of twelve (12) children and the permitted number of children based on their ages shall be as set forth by the Virginia Department of Social Services. RANDEE'M. HOLMES Agenda Item 12 Page 3 NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning /Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. RANDEE M. HOLMES Agenda Item 12 Page 4 AERIAL OF SITE LOCATION 00 CL BUJ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: DIANE L. McEWEN, Conditional Use Permit (Child Day Care in Home), 616 Connie Way (GPIN 1468505576). KEMPSVILLE DISTRICT. MEETING DATE: October 23, 2012 ■ Background: The applicant requests a Conditional Use Permit to allow use of the site for an in- home child day care. Currently, the applicant cares for five children at this site. With the growing local demand for child care, she has been asked by potential customers to care for three more children. While the immediate need is only an additional three children, resulting in eight children total, the applicant is requesting a total of ten children to provide for potential future requests. ■ Considerations: The hours of operation are 6:00 a.m. to 6:00 p.m., Monday through Friday. The service is available during public school vacation periods, including winter, spring, and summer breaks, but is closed on all major holidays. Drop-off and pick-up are staggered throughout the day; there is typically only one car at a time parked on the street or in the driveway. On the opposite side of the street from the applicant is the backyard of another lot; thus, potential disturbance to neighbors due to traffic issues during drop-off and pick-up is minimized. The site plan shows the dwelling with an appropriately sized backyard for children to play outside. A wooden fence is located along the rear lot line and a chain-link fence is located along both side lot lines up to the rear corners of the house, completely fencing the backyard from the front. The owner has a small storage shed located to the side of the backyard. For the children, there is a small gardening area, paved basketball area, and outdoor play equipment. Tall trees along the rear lot line provide shade for the children throughout the day as well as act as a buffer to adjacent yards. The applicant's request that the number of children under her care be increased from five to ten will be evaluated by the Department of Social Services (DSS). The DSS makes a final determination regarding the licensed capacity of the family day care. DSS determines the capacity of a family day home based on various factors provided in the State Board of Social Services' Standards for Licensed Family Day Homes (adopted July 2010). Additionally, the ages of the children to be cared for will be determined by a point system developed by DSS. Diane L. McEwen Page 2 of 2 The applicant's purpose in seeking approval of this Use Permit prior to the above -referenced determinations being made by DSS is to meet the requirement of DSS that the proposal complies with the regulations of the Zoning Ordinance. 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: 1. The home daycare shall be limited to a total of ten (10) children, other than children living in the home. 2. Hours of operation shall be limited to Monday through Friday 6:00 a.m. to 6:00 p.m. 3. No more than one (1) person, other than the applicant, shall be employed by the home daycare. 4. A fence, to be maintained in good condition at all times, shall enclose the outdoor play area. The fence shall meet the requirements of the Virginia Department of Social Services. 5. No signs advertising the home daycare shall be permitted on the lot or any structure on the lot at any time. 6. The applicant shall be licensed with the Commonwealth of Virginia. Failure to maintain said license in good standing shall result in revocation of this Use Permit. 7. The applicant shall obtain all necessary permits and inspections from the Planning Department / Permits and Inspections Division. The applicant shall secure a Certificate of Occupancy from the Building Official for home daycare use. ■ 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: �� KEMPSVILLE ntqnd mane L. mCL►Ven ,,. R73 A� R7.5 - R7.5 C oNN/�A� ft7.5 Al2' Al2" A92* CUP for Child Da Care in Home Y REQUEST: Conditional Use Permit (Child Day Care in Home) ADDRESS / DESCRIPTION: 616 Connie Way 11 September 12, 2012 Public Hearing APPLICANT AND PROPERTY OWNER: DIANE L. MCEWEN STAFF PLANNER: Kristine Gay GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14685055760000 KEMPSVILLE 12,000 square feet Less than 65 dB DNL The applicant requests a Conditional Use Permit to allow use SUMMARY OF REQUEST of the site for an in-home daycare. Currently, the applicant cares for five children at this site. With the growing local demand for child care, she has been asked to care for three more children. While the immediate need is only an additional three children, resulting in eight children total, the applicant is requesting a total of ten children to provide for potential future requests. The hours of operation are 6:00 a.m. to 6:00 p.m., Monday through Friday. The service is available during public school vacation periods, including winter, spring, and summer breaks, but is closed on all major holidays. Drop-off and pick-up are staggered throughout the day; there is typically only one car at a time parked on the street or in the driveway. On the opposite side of the street from the applicant is the backyard of another lot; thus, potential disturbance to neighbors due to traffic issues during drop-off and pick-up is minimized. The site plan shows the dwelling with an appropriately sized backyard for children to play outside. A wooden fence is located along the rear lot line and a chain-link fence is located along both side lot lines up to the rear corners of the house, completely fencing the backyard from the front. The owner has a small storage shed located to the side of the backyard. For the children, there is a small gardening area, paved basketball area, and outdoor play equipment. Tall trees along the rear lot line provide shade for the children throughout the day as well as act as a buffer to adjacent yards. DIANE L. MCEWEN Agenda Item 11 Page 1 LAND USE AND PLAN INFORMATION EXISTING LAND USE: Single-family Residential SURROUNDING LAND North: Single-family homes / R-7.5 Residential District USE AND ZONING: 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 The site is a relatively flat and grassy area. Large deciduous trees exist CULTURAL FEATURES: in the lot between the rear lot line and the back fence. COMPREHENSIVE PLAN: Suburban Area The subject site is located within the Suburban Area, as designated by the Comprehensive Plan. This site is located east of the Lake Edward Suburban Focus Area (SFA). The guiding principles of Suburban Areas are to preserve neighborhood quality; create and protect open spaces; and connect suburban mobility. CITY SERVICES There are no significant impacts anticipated from this proposal. This site is connected to both City water and sewer. EVALUATION AND RECOMMENDATION The Department of Social Services is responsible for ensuring the quality of the care provided to the children. A family day home is subject to licensure when 6 to 12 children, exclusive of the provider's own children and any children who reside in the home, are provided care at any one time. The applicant's request that the number of children under her care be increased from five to ten will be evaluated by the Department of Social Services (DSS). The DSS makes a final determination regarding the licensed capacity of the family day care. The existing single-family dwelling, consisting of approximately 1,600 square feet, and the fenced rear yard are of ample size to accommodate the children. There is, however, no specific floor area requirement for the number of children permitted in a home at any one time. DSS determines the capacity of a family day home based on various factors provided in the State Board of Social Services' Standards for Licensed Family Day Homes (adopted July DIANE L. MCEWEN Agenda Item .11 Page 2 2010). Additionally, the ages of the children to be cared for will be determined by a point system developed by DSS. The applicant's purpose in seeking approval of this Use Permit prior to these determinations being made by DSS is to meet the requirement of DSS that the proposal complies with the regulations of the Zoning Ordinance. Staff concludes that the applicant's request will not adversely impact any surrounding properties and is consistent with the recommendations of the Comprehensive Plan for the Suburban Area. Approval of the application is recommended subject to the following conditions. CONDITIONS 1. The home daycare shall be limited to a total of ten (10) children, other than children living in the home. 2. Hours of operation shall be limited to Monday through Friday 6:00 a.m. to 6:00 p.m. 3. No more than one (1) person, other than the applicant, shall be employed by the home daycare. 4. A fence, to be maintained in good condition at all times, shall enclose the outdoor play area. The fence shall meet the requirements of the Virginia Department of Social Services. 5. No signs advertising the home daycare shall be permitted on the lot or any structure on the lot at any time. 6. The applicant shall be licensed with the Commonwealth of Virginia. Failure to maintain said license in good standing shall result in revocation of this Use Permit. 7. The applicant shall obtain all necessary permits and inspections from the Planning Department / Permits and Inspections Division. The applicant shall secure a Certificate of Occupancy from the Building Official for home daycare use. 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. DIANE L. MCEWEN Agenda Item 11 Page 3 ;iS IS TO CERTIFY THAT I ON AUGUST 8 ,2001 SURVEYED THE PROPERTY SHOWN ON THIS PLAT. THE BUILDINGS STAND STRICTLY WITHI TITLE LINES AND THERE ARE NO ENCROACHMENTS OF OTHER BUILDING f SHOWN. iu 50 > 4 1500 _/ �NO SUHVE� /` N/F EDDIE LUNDY Ac C.G. RENNET PIN (F) S 35'15'20' W 77.40' PIN (F) 5 DRAINAGE EASEMENT 7 20' ACCESS EASEMENT PARCEL A PARCEL I I N/F F I I I I I— HODGES w >sr 3 a =� xr 1 STORY FRAME m HOUSE e616 h z sNr 7.7' :F _ L o R+� PIN (5) n -F-0,014 (F) N 35'15'20' E 76.20' 226.23' TO PROSPECT LANE CONNIE WAY 50' NOTES: THIS PNDPERTY APPEARS TO FALL N FLOOD ZONE x --1 vE PARCEL h SUBDIVISION OF PROPERTY FOR AS Slawq ON INE NATIOIIAL FUX)D Wmw.wCE PROtlMJI JA(C O. SUMMS. Jr. do ALAN D. RICE NAP FOR THE an OF MRarRA WE VIRGINIA BEACH VIRGINIA MJIL211, P.54 COMM. NO. 5155]1- 0018E DATED: 12/5/96 OR TERRY LEE HUBBARD & DIANE McEVEN WASE FLOOD E1EV._AWN BY I FIELD BOOK Y.E LDST FLooW ¢Ev. AUGUST 8 2001 1 - 20' 1 J.R. 1 218 DENNIS J. GER111T2, P.C. 500 CENTRAL DRIVE, SUITE 113 VIRGINIA BEACH, VIRGINIA 23454 PH. 498-1021 PROPOSED SITE PLAN KEMPSVILLE 111"''-'-" L1Cllll L• 1�lll/�►lll Mar. o, to Scale i\� c> qp� s % R7/5 �r 1 10 O / i q \ , N 'I ,\=K7.5°" Vii: ; t 1 - R7 Al 'Zoning with Conditions,Protters, open CUP for Child Day Care in Home Space Promotion or PDH -2 Overlays ZONING HISTORY # DATE REQUEST ACTION 1 06/01/2012 Conditional Rezoning Pendin 2 05/22/2007 Conditional RezoningA roved 3 05/22/2007 Street Closure Approved 4 12/11/2003 Subdivision Variance Approved 5 05/08/2001 Conditional Use Permit — Church - self standing Denied 6 02/09/1999 Planned Development Approved DIANE L. MCEWEN Agenda Item 11 Page 6 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) 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 a 3DJoyee of theeity of Virginia Beach have an interest in the subject land? Yes U 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 ao„�oa 711nnn7 DISCLOSURE STATEMENT DIANE L. MCEWEN Agenda (tern 11 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) ' "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 employQes 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. / %n L` w' i -L� I IR fJ G L. Mc -Ewe rt Applicant's Signature Print Name Property Owner's Signature (if different than applicant) Print Name Conditional Use Permit Application Page 10 of 10 Revised 7/3/2007 DISCLOSURE STATEMENT Item #11 Diane L. McEwen Conditional Use Permit 616 Connie Way District 2 Kempsville September 12, 2012 CONSENT An application of Diane L. McEwen for a Conditional Use Permit for child care in home on property located at 616 Connie Way, District 2, Kempsville. GPIN: 14685055760000. CONDITIONS 1. The home daycare shall be limited to a total of ten (10) children, other than children living in the home. 2. Hours of operation shall be limited to Monday through Friday 6:00 a.m. to 6:00 p.m. 3. No more than one (1) person, other than the applicant, shall be employed by the home daycare. 4. A fence, to be maintained in good condition at all times, shall enclose the outdoor play area. The fence shall meet the requirements of the Virginia Department of Social Services. 5. No signs advertising the home daycare shall be permitted on the lot or any structure on the lot at any time. 6. The applicant shall be licensed with the Commonwealth of Virginia. Failure to maintain said license in good standing shall result in revocation of this Use Permit. 7. The applicant shall obtain all necessary permits and inspections from the Planning Department / Permits and Inspections Division. The applicant shall secure a Certificate of Occupancy from the Building Official for home daycare use. Item #11 Diane L. McEwen 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 11 for consent. The applicant Diane McEwen appeared before the Commission. AYE 9 NAY 0 ABS 0 ABSENT 2 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS ABSENT REDMOND AYE RIPLEY ABSENT RUCINSKI AYE RUSSO AYE THORNTON AYE By a vote of 9-0, the Commission approved item 11 for consent. The applicant Diane McEwen appeared before the Commission. +! W �c W' HG Z W, Up! CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: AMANDA JEANS / THOMAS J. & AMANDA I. JEANS, Conditional Use Permit (Residential Kennel), 4677 Ardmore Lane (GPIN 1475430733). CENTERVILLE DISTRICT. MEETING DATE: October 23, 2012 ■ Background: The applicant requests a Conditional Use Permit to allow eight dogs in a residential single-family dwelling. The applicant currently has eight Shih Tzu dogs. This breed ranges in size from 8 to 11 inches in height and weighs between 9 to 16 lbs. The dogs range in age from 1 year to 3 years. The applicant does not plan on breeding any of the dogs. The Zoning Ordinance requires a Conditional Use Permit for a residential kennel when there are more than four dogs. ■ Considerations: Section 223 of the Zoning Ordinance, which regulates this use, requires that the area of a parcel used as a residential kennel be located 100 feet or more from the property line of any adjacent lot, except where the animals are kept in soundproof, air-conditioned buildings. The applicant has indicated that the dogs remain inside the dwelling a majority of the time. A fenced backyard does provide an outdoor area for the dogs. There were two reports to Animal Control (Police Department) for animal -related issues. One report was for barking dogs, but upon arrival, Animal Control found no dogs were barking. A warning was issued. The second report was a domestic disturbance that pertained to the dogs; no action was taken as a result of the report. No complaints have been reported to the Zoning Office of the Planning Department. Since the purpose of the Conditional Use Permit is to provide controls for "certain uses which, by their nature, can have an undue impact upon or be incompatible with other uses of land within a given zoning district," staff's evaluation of the applicant's request focuses solely on the land use issues that pertain to a residential kennel. Section 223 of the Zoning Ordinance specifically addresses use of a property as a residential kennel. Amanda Jeans Page 2of3 Section 223 states: Except where animals are kept in soundproof, air-conditioned buildings, no structure or area occupied by such animals, whether in animal hospitals, pounds, shelters, commercial or residential kennels, shall be within one hundred (100) feet of the property line of any adjacent lot. At least one (1) off-street parking space per four hundred (400) square feet of floor area shall be provided. However, in residential kennels, this off-street parking requirement shall not apply but shall be as specified in the conditional use permit. The applicant meets these land use specific requirements. Staff has, however, received notice of opposition from residents in close proximity to the applicant's property. Based on the concern of these residents regarding possible disruption in the quality of life to those living in close proximity, staff is recommending a condition that a one year administrative review be performed to monitor any future complaints. There was opposition to the request. ■ Recommendations: The Planning Commission, passing a motion by a recorded vote of 8-1, recommended denial of the request to the City Council. Should the City Council grant the Use Permit request, the following conditions are recommended: Unless otherwise limited by Animal Control, this Conditional Use permit shall be limited to only those specific eight (8) Shih Tzu identified by the applicant. At such time as these identified dogs die, no other dog(s) of any kind, gender, age, or breed shall be permitted on the property to replace the identified eight dogs, notwithstanding that the applicant may have a maximum of four dogs as permitted by the Zoning Ordinance without a Use Permit. 2. The applicant shall ensure that the dogs maintain all required shots and are properly licensed through the City of Virginia Beach. 3. All dogs, when outside of the home, shall be supervised and shall not be a nuisance to any other property owners or residents. 4. All animal waste shall be collected and disposed of in a lawful manner on a daily basis. 5. The existing solid fence shall be maintained in good condition. 6. This Conditional Use Permit is approved for a period of one year with an Amanda Jeans Page 3 of 3 administrative review by the Zoning Administrator in consultation with Animal Control. The Conditional Use Permit shall continue thereafter with an annual renewal (if deemed appropriate by the Zoning Administrator). ■ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Letters submitted at Planning Commission Hearing Location Map Recommended Action: Staff recommended approval. Planning Commission recommends denial. Submitting Department/Agency: Planning Department City Manager: �.• :ENTERVILLE Spuc. Prorrorion or PlkF2 Arrbp CUP for Residential Kennel REQUEST: Conditional Use Permit (Residential Kennel) ADDRESS / DESCRIPTION: 4677 Ardmore Lane 9 September 12, 2012 Public Hearing APPLICANT: AMANDA JEANS PROPERTY OWNER: THOMAS AND AMAN DA J EANS STAFF PLANNER: Karen Prochilo GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14794365930000 CENTERVILLE 7,498 square feet Less than 65 dB DNL SUMMARY OF REQUEST This is a request for a Conditional Use Permit to allow eight dogs in a residential single-family dwelling. The applicant currently has eight Shih Tzu. This breed ranges in size from 8 to 11 inches in height and weighs between 9 to 16 lbs. A majority of the time, the dogs remain inside the home. A fenced yard does provide an outdoor area for the dogs. The Zoning Ordinance requires a Conditional Use Permit for a residential kennel for more than four dogs. EXISTING LAND USE: Single-family dwelling SURROUNDING LAND North USE AND ZONING: South: LAND USE AND PLAN INFORMATION • Ardmore Lane • Single-family dwellings / R7.5 Residential District • Single-family dwellings / R7.5 Residential District AMANDA JEANS Agenda Item 9 Page 1 East: . Single-family dwellings / R7.5 Residential District West: . Single-family dwellings / R7.5 Residential District NATURAL RESOURCE AND The parcel is located within the Southern Watersheds Management CULTURAL FEATURES: Area. There are no significant environmental or cultural features on this site. COMPREHENSIVE PLAN: This parcel is located within the Suburban Area. Planning principles have been established to preserve neighborhood quality, create and protect open spaces, and connect suburban mobility. Achieving the goal of preserving neighborhood quality is accomplished by having all new 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. CITY SERVICES No impact to City services is anticipated. ANIMAL CONTROL: Two animal related issues have been reported EVALUATION AND RECOMMENDATION The applicant has eight Shih Tzu. The Zoning Ordinance requires a Conditional Use Permit for a residential kennel whenever a homeowner has more than four dogs. The dogs range in age from 1 year to 3 years. The applicant does not plan on breeding any of the dogs. Section 223 of the Zoning Ordinance which regulates this type of activity requires that the area of a parcel used as a residential kennel be located 100 feet or more from the property line of any adjacent lot except where the animals are kept in soundproof, air-conditioned buildings. The applicant has indicated that the dogs remain inside the dwelling a majority of the time. A fenced in backyard does provide an outdoor area for the dogs. There were two reports to Animal Control (Police Department) for animal related issues. One report was for barking dogs but upon arrival no dogs were barking. A warning was issued. The second report was a domestic disturbance that pertained to the dogs and more of a civil matter. No disturbances have been reported to the Zoning Office of the Planning Department. As the role of the Planning Commission is to review land use issues, Staff is recommending conditions that relate solely to Section 223 of the Zoning Ordinance that specifically address use of the property for a residential kennel. 141 Section 223 states: Except where animals are kept in soundproof, air-conditioned buildings, no structure or area occupied by such animals, whether in animal hospitals, pounds, shelters, commercial or residential kennels, shall be within one hundred (100) feet of the property line of any adjacent lot. At least one (1) off-street parking space per four hundred (400) square feet of floor area shall be provided. However, in residential kennels, this off-street parking requirement shall not apply but shall be as specified in the conditional use permit. The applicant meets the requirements dealing directly with land use. Staff has received opposition from adjacent neighbors. There may be disruption in the quality of life to those living in close proximity to the applicant. Staff is recommending a condition that a one year administrative review be performed from the date of approval in an effort to monitor any future complaints. Staff recommends approval of this request subject to the conditions below. CONDITIONS 4 Unless otherwise limited by Animal Control, this Conditional Use -permit shall be limited to only those specific eight (8) Shih Tzu identified by the applicant. No other deg(s) of any kind, gendeF, age, -,Gr hrppd qh;;Il he permitted en the pFopeFty, eXGept that, at suGh tome as these identified dogs die4,14e appliGant shall NQ limbW tn nn mprt- than four (4) dogs, WhiGh is the maximum allowed by the Zoning A. At such time as these identified dogs die ,no other dog(s) of any kind, -gender, age, or breed shall be permitted on the property to replace the identified eight dogs except that which is the maximum allowed by the Zoning Ordinance without a Conditional Use Permit. 2. The applicant shall ensure that the dogs maintain all required shots and are properly licensed through the City of Virginia Beach. 3. All dogs, when outside of the home, shall be supervised and shall not be a nuisance to any other property owners or residents. 4. All animal waste shall be collected and disposed of in a lawful manner on a daily basis. 5. The existing solid fence shall be maintained in good condition. 6. This Conditional Use Permit is approved for a period of one year with an administrative review by the Zoning Administrator in consultation with Animal Control. The Conditional Use Permit shall continue thereafter with an annual renewal (if deemed acceptable by the Zoning Administrator). 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. � y +� r -pdmore Ln �' b ib- tt y -F THIS IS TO CERTIFY THAT I, ON MAY 8, 1999 , SURVEYED THE PROPERTY PIAT, AND THAT THE TITLE LINES AND THE FAITS OF THE BUILDINGS ARE AS SHOWN ON THIS P STAND WITHIN THE TITLE LINES AND THERE ARE NO ENCROACHMENTS OF OTHER BUILDINGS PROP AS SHOWN. SIGNEDX 1I[F CERTIFIC TE NO. 0404 0 2 �LAW NOW OR FORMERLY ANDERSON L. JACKSON pg (D.S. 164, P. 148)(0.8. 115, P. 545)(M.B. 9, P. 57)O,O•� OQj pOH 3SV 3v� 2� n�G n�U S 70'04 " W 0� 72" KVOD FENCE -I'75.30' 72" WOOD FENCE 0.05' CLEAR R 0.06• CLEAR R SUEDIV/S/ON OF LOT— 226 COVENTRY SECT/ON FIVE (D. B. 2676, P. 855 A & B) FRAME SHED I' (MOVABLE) C, ssr 10.6' s.o' 16.99' Z�15.52'—'- LOT -225 LOT -227 ry006.83?-0 42 AC ^ # 4677 *fir E� 72' WOOD FENCE 2—STY. FR. 0.11' ENC. OVERR 5.39 W/ V/NYL S/DING . 4'69• n 71" WOODFENCE 18.65• e e m 0.06' CLEAR N PORCH 1,V?0.93' a OS/DEWriLK 75.50' p 75..30' N 70"07'20" E 826.29' TO P.I. OF BROMPTON DRIW ARDMORE' LANE (50' R/W) NOTES: A FIVE FOOT EASEMENT (UNLESS GREATER WIDTH IS NOTED) ALONG AND ADJACENT TO ALL SIDE AND REAR LOT LINES HAS BEEN DEDICATED TO THE CITY OF VIRGINIA BEACH, VIRGINIA FOR THE INSTALLATION AND/OR MAINTENANCE OF DRAINAGE FACILITIES. ALL EASEMENTS SHOWN HEREON ARE DEDICATED TO THE CITY OF VIRGINIA BEACH, VIRGINIA FOR THEIR RESPECTIVE USES. ALL RIGHT-OF-WAYS SHOWN HEREON ARE DEDICATED TO THE CITY OF VIRGINIA BEACH. ROOD INFORMATION= THE PROPERTY SHOWN HEREON APPEARS TO FALL WITHIN FLOOD ZONE "X" (OUTSIDE) (AREAS DETERMINED TO BE OUTSIDE 500 -YEAR FLOOD PLAIN) AS SHOWN ON F.E.M.A.•S FLOOD INSURANCE RATE MAP (F.I.R.M.) FOR THE CITY OF VIRGINIA BEACH, VIRGINIA, COMMUNITY PANEL NO. 515531 0037E DATED DECEMBER 5,1996. W.P. LARGE INC. IS NOT A PARTY IN DETERMINING THE REQUIREMENTS FOR FLOOD INSURANCE ON THE PROPERTY SHOWN HEREON. THIS SURVEY DOES NOT IMPLY THAT THIS PROPERTY WILL OR WILL NOT BE SUBJECT TO FLOODING. FOR FURTHER INFORMATION, CONTACT THE LOCAL COMMUNITY FLOOD OFFICIAL THIS SURVEY WAS PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT AND MAY NOT SHOW ANY/ALL EASEMENTS OR RESTRICTIONS THAT MAY AFFECT SAID PROPERTY AS SHOWN. PROPOSED SITE PLAN CENTERVILLE Mill L' -1 V Map of i . Sc `Zoning with Conditions, -Proffers, Open Space Promotion or PDH -2 Overlays ZONING HISTORY *l _j CUP for Residential Kennet There has been no recent zoning -related activity in this area. 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 entity, relationship with the applicant: (Attach list if necessary) Check here if the applicant is NOT a corporation, partnership, firm, business, or ther unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity, relationship with the applicant: (Attach list if necessary) 'Check here if the property owner is NOT a corporation, partnership, firm, r business, or other unincorporated organization. & See next page for footnotes Does an official or employee of he 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 3/11/08 DISCLOSURE STATEMENT AMANDA JEANS Agenda Item 9 Page 10 A Z O V FE___:__::D1SCL0SURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) ' "Parent -subsidiary relationship' means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application - .A m,K ll A- J c-xm S 4M14 -N D# J FAAfS Applicant's Signature Print Name MI tem A -s J c,#,ivS' T4 -o M Pr S J cWL5 Property Owner's Signature (if different than applicant) Print Name Conditional Use Permit Application Page 10 of 10 Revised 7/3/2007 DISCLOSURE STATEMENT AMANDA JEANS Item #9 Amanda Jeans Conditional Use Permit 4677 Ardmore Lane District 1 Centerville September 12, 2012 REGULAR An application of Amanda Jeans for a Conditional Use Permit for a residential kennel on property located at 4677 Ardmore Lane, District 1, Centerville. GPIN: 14794365930000. CONDITIONS Unless otherwise limited by Animal Control, this Conditional Use permit shall be limited to only those specific eight (8) Shih Tzu identified by the applicant. A. At such time as these identified dogs die ,no other dog(s) of any kind, gender, age, or breed shall be permitted on the property to replace the identified eight dogs except that which is the maximum allowed by the Zoning Ordinance without a Conditional Use Permit. 2. The applicant shall ensure that the dogs maintain all required shots and are properly licensed through the City of Virginia Beach. 3. All dogs, when outside of the home, shall be supervised and shall not be a nuisance to any other property owners or residents. 4. All animal waste shall be collected and disposed of in a lawful manner on a daily basis. 5. The existing solid fence shall be maintained in good condition. 6. This Conditional Use Permit is approved for a period of one year with an administrative review by the Zoning Administrator in consultation with Animal Control. The Conditional Use Permit shall continue thereafter with an annual renewal (if deemed acceptable by the Zoning Administrator). Item #9 Amanda Jeans 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. A motion was made by Commission Thornton to deny the application and was seconded by Commissioner Rucinski. By a vote of 8-1, the Commission denied item 9. The applicant Amanda Jeans appeared before the Commission. Ruth Snider also spoke on behalf of the applicant. AYE 8 NAY 1 ABS 0 ABSENT 2 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS ABSENT REDMOND NAY RIPLEY ABSENT RUCINSKI AYE RUSSO AYE THORNTON AYE By a vote of 8-1, the Commission denied item 9. The applicant Amanda Jeans appeared before the Commission. Ruth Snider also spoke on behalf of the applicant. City of Virginia Beach Planning Commission 2401 Courthouse Drive, Building 1 Virginia Beach, VA 23456 Dear Sir or Madam: My name is Thomas Jeans, and I live at 4677 Ardmore Lane, Virginia Beach, Virginia 23456. My wife, Amanda Jeans, has requested a use permit allowing her to maintain a dog kennel on our property. She has a hearing scheduled before your Commission on September 12, 2012. Please understand, that there is no accommodation on my property to allow the maintaining of a dog kennel, nor will I have one established. My wife is the owner of eight dogs and seven cats living inside our home. This is absolutely an unbearable situation! The house reeks of animal wastes, and is unsanitary. I have not received any cooperation from Amanda regarding this situation. It is my feeling that she does not care about me or our children. None of the dogs or cats are licensed. To my knowledge, they have not been taken to the veteranarian for regular checkups, and have not had distemper shots. The dogs are very noisy and the neighbors have voiced complaints several times about this issue in the past. Amanda also have these dogs and cats sleeping in the bedrooms with my children, thus, creating a health concern. I have tried on numerous occasions to take control of this situation to have the animals removed from our home. Animal Control has been contacted, but have indicated that they are unable to take action regarding this matter. I am asking for your help, and deny Amanda's request for a dog kennel use permit on our property. As a side note, although it has not been medically or clinically established, I believe my wife suffers from some sort of mental or emotional instability as recognized from other disfunctional aspects in our relationship and in her life. By copy of this letter to the City of Virginia Beach Department of Human Services, I am asking for their help in evaluating the situation that is present in my home. 1 Thank you for taking the time to read my letter and understand my situation. If you require further discussion, please feel free to contact me at (757) 407-2844 (cell) or (757) 541-5644 (work). Copy to: Virginia Beach Department of Human Services Sincerely, ')4"" (� -- THOMAS JEANS 2 31 Aug 2012 Michael Kennedy 4676 Ardmore Lane Virginia Beach, VA 23456..- Mayor William D. Sessoms; Jr. SEP " 5 2012 I Municipal Center City Hall, Building #1 1 2401 Courthouse Drive- __.-- Virginia Beach, VA 23456 Subj: Opposition to Kennel License / Conditional Use Permit at 4677 Ardmore Lane, Virginia Beach I have filed an opposition letter with the City Planning Department concerning a request for a Kennel License at the residence located at 4677 Ardmore Lane. I have followed the guidelines from the City Planner, Karen Prochilo, on filing an opposition to this residence's request. Karen Prochilo has advised me that it "carries more weight" if I appear in person at the hearing than just writing a letter to complain. This is upsetting to me, because not only did I provide a letter stating my reasons for opposition, but also, I canvassed the neighborhood and had 9 other residents surrounding the property sign a petition against allowing 4677 Ardmore Lane to have a Kennel License" i sent this petition to Karen also, and she advised me again that it would "carry more weight" if I or someone who signed the petition would attend the hearing. The fact that written correspondence and a signed petition does not "carry any weight" or doesn't really matter at the hearing is unsertling and just flat out wrong. I'm not sure why this impression is being conveyed to me by the City Planning Office. And frankly, I hope that the commission members do not feel it is necessary for the opposition to voice their opinions verbally rather than via written correspondence. Our country was founded upon written correspondence, the Declaration of Independence, which "carried a lot of weight". I do not have time to attend this hearing so I hope this enclosure will speak for me and the nine other concerned neighbors, one of your responsibilities is to attend these meetings, my full time job is to take care of business elsewhere so that I can pay my bills and pay my taxes. Insisting that citizens should attend meetings is not making any sense to me and is unproductive. That is not my job to attend meetings. It is the responsibility of the City Planners and City Counsel to attend meetings. Now I understand why people do not complain or take action to correct problems because most people are scared and feel that their opinions will not matter. The weight of our written correspondence should carry the same weight as our voiced objections. Please review the attached correspondence concerning our objections to the Kennel License request at 4677 Ardmore Lane. I hope that the written voice of 9 residents will outweigh the request of one resident at 4677 Ardmore Lane. Please recommend disapproval of this Kennel License request because none of the neighbors want this in their neighborhood. Thank you. Respectfully, Michael Kennedy 09 August 2012 From: Michael Kennedy To: Karen Prochilo, City Planner, Virginia Beach Subj: Request for Disapproval of Kennel Permit / Conditional Use Permit for 4677 Ardmore Lane As neighbors, we try to maintain a peaceful neighborhood and keep our property looking good and up to the high standards of Virginia Beach in order to improve the property values in our neighborhood. Also, we are the proud owners of a dog and obey all the regulations that go along with being good dog owners. We love dogs. However, with that said, our neighbors across the street from us (4677 Ardmore Lane) have applied for a Residential Kennel License and a Conditional use Permit. We are opposed to allowing a Kennel operation being conducted on our street for numerous reasons. First, they have been in violation of the Kennel law for greater than one year because they have at least 8 dogs on the premises without having a permit for over one year. Only recently they have applied for a permit because I spoke with them in July 2012 concerning the continuing problems we have been experiencing with their dogs. The continuing problems are, letting the dogs run off of their property without a leash. Letting the dogs defecate on other people's property without cleaning it up. And a general disregard for respecting their neighbors property. See attached pictures of the issue and please note, I'm not a professional photographer but just snapped these pictures at the spare of the moment . So now they have applied for this permit. If I did not speak to them about the dog nuisance, they probably would not have applied for the permit / license but would continue to disregard the law as conveyed above. They are violating city code 5-530, 5-531, 5-534 and Section 111. Second, the owner works late at night and comes home around 11:30 —12:00 midnight. Upon her arrival, she will let the dogs out into the front yard to do their business, however, the dogs immediately leave her property and go to our yard across the street and to the other neighbors' yard to defecate / urinate. This has been going on for the last year. Never once, did the owner follow her dogs and clean up after them. Furthermore, the dogs are allowed to roam at night without a leash. This is disrespectful to other people's property and the neighborhood. Third, the Police have already been to the 4677 Ardmore Lane residence twice concerning excessive barking of the dogs. I'm sure there is a record of these two visits that we observed. Also, we were not the ones who called the Police, other neighbors call the police in these two incidents because they were fed up with the continuous barking in the back yard. Being allowed to have more dogs only contributes to this problem and degrades the neighborhood further. Fourth, the dogs do not listen to their owners and have no discipline. The dogs do not return to their owners when called. The owners do not know how to train the dogs properly so allowing them to have more dogs does not make sense. Owning one dog is a lot of work, owning more than 4 dogs is more than a full time job, it is a career. I believe they are not willing to put in the time to control and train their animals. It appears that they only want these dogs to make puppies so that they can sell them. They are not breeders and I would venture to say, they have no education in this matter. We do not want a puppy mill located across the street from our house. I'm sure the revenue from these sales are not being reported either. The reason the city made the zoning law concerning a maximum of 4 dogs was to reduce or eliminate issues between neighbors and to prevent dog nuisances. Allowing these neighbors to have more than 4 dogs will create more problems in the neighborhood and we are opposed to this. We do not understand how they can be in current violation of the Kennel Law by not having a Kennel License and by not having an approved Conditional Use Permit and violate the City Pet law by not having a City Pet license for at least 4 of the 8 dogs and still be allowed to apply for a permit. The city should be taking action against them for these violations instead. Please disapprove their request for a Kennel License / Conditional Use Permit to ensure any additional problems in our neighborhood are kept to a minimum. We hope this letter will be presented during the hearing so that our concerns will be heard. I can't attend this meeting since I have a fulltime job. We appreciate the opportunity to share our views with you and the City of Virginia Beach Planning Office concerning this matter. Respectfully, Michael Kennedy 4676 Ardmore Lane Virginia Beach, VA 23456 25 August 2012 From: Resident's Ardmore Lane To: Karen Prochilo, City Planner, Virginia Beach Subj: Petition for Disapproval of Kennel Permit / Conditional Use Permit for 4677 Ardmore Lane As neighbors, we try to maintain a peaceful neighborhood and keep our property looking good and up to the high standards of Virginia Beach in order to improve the property values in our neighborhood. The residents at 4677 Ardmore Lane have applied for a Residential Kennel License and a Conditional use Permit. This means they would be allowed to have more than 4 dogs at their residents. Currently they have 8 dogs and are violating the City Ordinances right now. If this is approved, they would be able to have even more dogs. We are opposed to allowing a Kennel operation being conducted on our street for numerous reasons. Excessive dog barking. Dogs running around without a leash. Dog waste being left on the other people's property without being cleaned up. Increase in rodents due to excessive dog waste beim left in the yards. Residential property being treated as a Dog Kennel with more than 4 dogs, currently they have 8 dogs. By signing this petition, you are opposed to allowing them to have a Kennel Ucense / Conditional use permit. Name Address Signature N ��7 M. APPOINTMENTS BOARD OF BUILDING CODE APPEALS COMMUNITY SERVICES BOARD - CSB GREEN RIBBON COMMITTEE HISTORICAL REVIEW BOARD HUMAN RIGHTS COMMISSION WORKFORCE HOUSING ADVISORY BOARD N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT 2012 CITY HOLIDAYS 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