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Home My WebLink AboutMAY 14, 2013 AGENDACITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR WII,LIAM D. SESSOMS, JK., At-Large VICE MAYOR LOUIS R. JONES, Bayside - District -! GLENN R. DAVlS, Rose HaU - District 3 WII.LIAM R. DeSTGPH, At-Large ROBFRT M. DYER, Centervrlle - District I AMh,'LlA ROSS-HANfMOND, KempsvrUe - District 2 BAIZBAXA M. HENLEY, Prmcess Anne - District 7 .JOHN D.MOSS, AbLarge JOHN E UHItIN, Beach - District 6 ROSF,"MARY W/LSON, AbLarge JAMES L. WOOD, Lynnhaven -District .i CITY COUNCIL APPOINTEES CI7Y MANAGF,R - JAMES K. SPORE CI'fYA77'ORNEY-MARKD. S7/I.ES C!'TY ASSF,SSOR -.II3R,9LD D. BANAGAN CITYAUDITOR - 1 YNDON S. REMIAS ClTY C/ F.IUC - RU'l'H HODGF.S FRASER, MMC CITY COUNCIL WORKSHOP 14 May 2013 1. CITY COUNCIL LIAISON REPORTS II. CITY COUNCIL COMMENTS IIL CITY COUNCIL AGENDA REVIEW - Conference Room - IV. INFORMAL SESSION - Conference Room - A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. ROLL CALL COUNCIL CITYHALL BUILD/NG 2401 COURTHOUSE DR/VE VIRGINIA 86ACH, VIRGIMA 23456-9005 PHONE: (757) 385-4303 FAX (757) 385-5669 E-MAIL: Ctycncl@vbgov.com 5:00 PM 5:30 PM C. RECESS TO CLOSED SESSION V. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend J. Scottie Griffin Pastor, Lynnhaven Presbyterian Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. SPECIAL FORMAL SESSION and PUBLIC HEARING 2. 1NFORMAL and FORMAL SESSIONS G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. BID OPENING 1. SIGNAGE for Business to be located at 2101 Princess Anne Road 1. PUBLIC HEARINGS April 18, 2013 Apri123, 2013 1. LEASES OF CITY-OWNED PROPERTY a. Signage for Business to be located at 2101 Princess Anne Road b. Development and operation of a Camp for Special Needs Children and Disabled Veterans J. ORDINANCES 1. Resolution to DESIGNATE June 12th, annually, as PHILIPPINE INDEPENDENCE DAY in the City of Virginia Beach. (Requested by Councilman Glenn Davis and Delegate Ron Villanueva) 2. Ordinance to AUTHORIZE temporary encroachments into a portion of City-owned right-of-way far THOMAS A. and CYNTHIA A. POTTER DB/A JAPANESE AUTO MASTERS re new fencing at 3024 Holland Road (DISTRICT 7- PRINCESS ANNE) 3. Ordinance to AUTHORIZE acquisition of approximately five (5) acres of property at 2396 Court Plaza Drive, adjacent to West Neck Creek Natural Area, for $6,000 and ACCEPT a portion of the area as a DONATION from Princess Anne Executive Park, LLC 4. Resolution to AUTHORIZE the City Manager to ACCEPT the DONATION of Artwork from A Dolphin's Promise and DIRECT Staff to install on City property at Sandbridge and Sandpiper Roads Ordinances to APPROPRIATE: a. $4,771 from the Wetlands Civil Penalties program re a Floating Island Wetland Demonstration Project b. $600,000 from the Housing Choice Voucher Program to Housing and Neighborhood Preservation and INCREASE the appropriation for the Portability Program to $841,828 re rental subsidies K. PUBLIC HEARING (BUDGET) 1. FY 2013-14 RESOURCE MANAGEMENT PLAN and proposed increase to the SOLID WASTE MANAGEMENT FEE and PLANNING APPLICATIONS L. ORDINANCES: FY 2013-14 RESOURCE MANAGEMENT PLAN SUBPART 1: Ordinances that support the Operating Budget: 1. APPROPRIATE $1,780,373,064 for the Fiscal Year beginning July 1, 2013, and ending June 30, 2014, for Operations 2. ESTABLISH the Tax Levy on Real Estate for Fiscal Year 2014 ESTABLISH the Tax Levy on Personal Property and Machinery and Tools for the Calendar Year 2014 4. AUTHORIZE the City Manager to Submit an Annual Funding Plan to the U.S. Department of Housing and Urban Development APPROPRIATE $236,384 and DECLARE $7,350,000 of funding within the Sandbridge Tax Increment Financing District as Surplus Funds in the FY 2012-13 Operating Budget 6. INCREASE the Solid Waste Management Fee to be charged by the City of Virginia Beach for the services of Solid Waste collection, management and disposal of solid waste and other refuse 7. AMEND City Code Section 35-207 INCREASING the Cigarette Tax 8. AMEND Section 2-246 and 2-247 of the City Code for Department Name Alteration (Budget and Management Services) 9. Resolution to DIRECT the City Manager to recoup certain. expenses re Special Events 10. AMEND Section 35-159 of the City Code pertaining to the Lodging Tax by extending its "Sunset" provisions and DECREASE the Sandbridge Special Service District Lodging Tax 11. AMEND Section 35-280 of the City Code re License Requirement Fees 12. Resolution providing Certification to the Virginia Retirement System re Member Contributions by Salary reduction 13. AMEND Section 2-72 of the City Code re elimination of compensation for the Personnel Board 14. AMEND Section 2-452.1 of the City Code re elimination of compensation for the Chesapeake Bay Area Preservation Board SUBPART 2: Ordinances to support the Capital Budget: 1, ADOPT the FY 2014/17Y 2019 Capital Improvement Program and APPROPRIATE $274,950,286 for the FY 2014 Capital Budget subject to funds being provided from various sources set forth therein 2. AUTHORIZE Issuance of General Obligation Public Improvement Bonds of the City of Virginia Beach, Virginia, in the maximum amount of $68,120,000 for Various Public Facilities and General Improvements 3. AUTHORIZE the Issuance of Water and Sewer System Revenue Bonds of the City of Virginia Beach, Virginia, in the maximum amount of $27,000,000 4. AUTHORIZE the Issuance of Storm Water Utility System Revenue Bonds of the City of Virginia Beach, Virginia, in the maximum amount of $12,500,000 SUBPART 3: Planning Ordinances that support the Operating Budget: 1. Applications of the CITY OF VIRGINIA BEACH (Budget) to AMEND the City Zoning Ordinance (CZO): RECOMMENDATION FOR ALL: APPROVAL a. Section 106 re fee for an appeal to the Board of Zoning Appeals b. Sections 107 and 108 re fees for a petition to amend, supplement or change the District boundaries or classification of property and the fee for public notice signs c. Section 221 re the fees for a Conditional Use Permit d. Section 105 re application fee for enlargement, extension, or conversion of a Nonconforming Use e. Section 1403(c) re fee for an application to the Wetlands Board £ Section 1603 re fee for an application to the Wetlands Board involving Coastal Primary Sand Dunes 2. AMEND Section 8.3 re fee for a Subdivision Ordinance Variance 3. AMEND Section 8-31 of the City Code Pertaining to the Addition of Review Fees for Residential Building Plans, Commercial Building Plans and Fire Plans 4. AMEND Section 8-33 of the City Code Pertaining to the Fee for five (5) year Inspections of Elevators 5. Section 33-111.2 of the City Code re fees required for the Vacation of public ways 6. AMEND Section 110 of the Chesapeake Bay Preservation Area Ordinance re fee for an application for a Variance to the Chesapeake Bay Preservation Area Board Option 1: Planning Commission's Recommendation Approve $350 Option 2: City Manager's Recommendation Approve $300 + Applicant Pays for Advertising M. PLANNING 1. Application of SCOTT ROBERTS/ROBERTS FAMILY LTD PARTNERSHIP for an Alteration to a Non-Conforming Use to construct a one (1) bedroom garage apartment in the rear of 1306 Baltic Avenue DISTRICT 6 - BEACH RECOMMENDATION: APPROVAL 2. Application of MILLER INVESTMENT, LLC for Modification ofProffers Nos. 1, 2 and 7 of a Conditional Change of Zoning, approved by City Council on March 25, 1997, re ADDING a drive-through window and stacking lane at 1817 London Bridge Road DISTRICT 7 - PRINCESS ANNE RECOMMENDATION: APPROVAL 3. Application of MARRILYN DAVIS for Modification of Condition No. l of a Use Permit for Child Day Care, approved on August 10, 2004, to increase the maximum number of children from 10 to 12 at 1432 Glenwood Links Lane DISTRICT 1 - CENTERVILLE RECOMMENDATION: APPROVAL 4. Application of C and C DEVELOPMENT CO., INC/ATRIA PROPERTIES, LLC for a Snecial Excention for Alternative Compliance to the Oceanfront Resort District Form-Based Code to construct five detached single family homes at 429 20th Street DISTRICT 6 - BEACH RECOMMENDATION: APPROVAL 5. Application of CHALICE CHRISTIAN CHURCH for a Conditional Use Permit to construct an addition to the existing Church and renovate the building exterior at 5612 Haden Road DISTRICT 4 - BAYSIDE RECOMMENDATION: APPROVAL 6. Application of HOLLOMON BROWN FUNERAL HOME, INC. and TIDEWATER CEMETERY CORP., for a Conditional Change of Zoning from AG-2 Agricultural District to 0-2 Office District for a funeral home at 3445 Princess Anne Road DISTRICT 7 - PRINCESS ANNE RECOMMENDATION: APPROVAL 7. Application of SILVER HILL AT THALIA, LLC/JULIA M. STAYLOR for a Conditional Change of Zoning from R-7.5 Residential District to Conditional A-12 Apartment District, to develop an adult independent-living community comprised of 10 multi-family dwelling units at 4355 Bonney Road DISTRICT 5 - LYNNHAVEN RECOMMENDATION: APPROVAL 8. Application of the CITY OF VIRGINIA BEACH to AMEND the City Zoning Ordinance (CZO) re Section 1001 Establishing repair of Boats and Vessels as a Conditional Use in the I-1 Industrial District RECOMMENDATION: APPROVAL N. APPOINTMENTS GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORICAL REVIEW BOARD MINORITY BUSINESS COUNCIL OLD BEACH DESIGN REVIEW COMMITTEE SOCIAL SERVICES BOARD 0. UNFINISHED BUSINESS P. NEW BUSINESS Q. ADJOURNMENT PUBLIC COMMENT Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers ****+*************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ***??*?*********?*****??******* 2013 CITYHOLIDAYS Memorial Day - Muiitla,}-, Mtrj! 27 InEtependence Day - T{urrsdny, Jeily 4 Lahor Dal, - Monrltcv, Sepfesnber 2 Vetercrns Duy - Moriday, November 11 Tlzanksgiving Drry & Drrv qfter Thanksbiving - T/iursdtiV, None?rtber 28 & Fridrry, NUVeinher 29 C/rrisimas Eve (hcrlf-dttl) - Tr.iesdcry, Decernber 24 Cliristnrcts DaY - Wetlnesdfir, Decernber 25 5!14/13 st I. CITY COUNCIL LIAISON REPORTS - Conference Room - 5:00 PM 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 COUNCIL C. RECESS TO CLOSED SESSION V. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend J. Scottie Griffin Pastor, Lynnhaven Presbyterian Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. SPECIAL FORMAL SESSION and PUBLIC HEARING April 18, 2013 2. INFORMAL and FORMAL SESSIONS April 23, 2013 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. BID OPENING SIGNAGE for Business to be located at 2101 Princess Anne Road 1. PUBLIC HEARINGS 1. LEASES OF CITY-OWNED PROPERTY a. Signage for Business to be located at 2101 Princess Anne Road b. Development and operation of a Camp for Special Needs Children and Disabled Veterans ? •?-?-?'. REQUEST FOR PROPOSALS LEASE OF CITY PROPERTY The City of Virginia Beach has received a proposal for a long- term lease (maximum 40 years) for the use of approximately 3,911 square feet of Ci[y-owned property located adjacent to and for the benefit of 2101 Princess Anne Road (GPIN 2414-12-9860). The purpose of the lease will be to erect signage for the business to be located at 2101 Princess Anne Road. A copy of the full text of the proposed ordinance is on file in the office of the City Clerk. Adtlitional bids will be received by the City until the date below. All bids must be in writing. The right to rejec[ any and all bids is hereby expressly reserved. Any questions concerning this matter should be directed to the Dept. of Public Works, Facilities Management Office, eldg. 18, Room 228, phone number (757) 385-5659. Bids shall be reatl by the Mayor of the City of Virginia Beach at the regular meeting of the City Council, which will be held in the Council Chambers, City Hall Building, Municipal Center, Virginia Beach, Virginia, on May 14, 2013, at 6:00 p.m., and after the reading of bids, the Council will either proceed with the consideration of the ordinance awarding of the aforesaid lease or will defer the matter to a subsequent meeting. BIDS MUST BE RECEIVED NO LATER THAN MONDAY, MAY 13, 2013, AT 5:00 PM. Ruth Hodges Fraser, MMC City Clerk Beacon April 21 & 28, 2013 23545326 r?u? i1 4t "`•?„,?°, ?J PUBLIC HEARING LEASE OF CfiY PROPER7Y The Virginia 8each City Council will hold a PUBLIC HEARING on Tuesday, May 14, 2013, at 6:00 p.m., in the Council Chamber, City Hall - Bldg. #1, at the Virginia Beach Municipal Center. The purpose of this Hearing will be to obtain public comment on the proposed lease of the following City-owned property: 3,911 square feet of City- owned property located adjacent to and for the benefit of 2101 Princess Anne Road (GPIN 2414- 19860) for the purpose of erecting signage for the business to be located on the parcel Any questions concerning this matter shoultl be directed to Barry Shockley, Public Works - Faciiities Management, (757) 385-8558. If you are physically disabled or visually impaired and need assistance at this meeting, please call the Ciry Clerk's Office at 385- 4303; Hearing impaired call 711. Ruth Hodges Fraser, MMC City Clerk Beacon May 5. 2013 23566124 ...,, ? 21,-? , I Ia, :- `t PUBLIC HEARING LEASE OF CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on Tuesday, May 14, 2013 at 6:00 P.M. in the Council Chamber, City Hall - Bldg. #1, at the Virginia Beach Municipal Center. The purpose of this Hearing will be to obtain public comment on the proposed lease of the following City-owned property: Approximately 69 acres in the 1000-block of Prosperity Road (part of GPIN 2416-70-8636) for the purpose of developing and operating a camp for children with special needs and disabled veterans Any questions concerning this matter should be directed to Brian Solis, Virginia Beach Department of Parks & Recreation, (757) 385-1109. If you are physically disabled or visually impaired and neetl assistance at this meeting, please call the City Clerk's Office at 385- 4303; Hearing impaired call 711. Ruth Hodges Fraser, MMC City Clerk Beacon May 5, 2013 23567110 J. ORDINANCES 1. Resolution to DESIGNATE June 12th, annually, as PHILIPPINE INDEPENDENCE DAY in the City of Virginia Beach. (Requested by Councilman Glenn Davis and Delegate Ron Villanueva) 2. Ordinance to AUTHORIZE temporary encroachments into a portion of City-owned right-of-way for THOMAS A. and CYNTHIA A. POTTER DB/A JAPANESE AUTO MASTERS re new fencing at 3024 Holland Road (DISTRICT 7- PRINCESS ANNE) 3. Ordinance to AUTHORIZE acquisition of approximately five (5) acres of property at 2396 Court Plaza Drive, adjacent to West Neck Creek Natural Area, for $6,000 and ACCEPT a portion of the area as a DONATION from Princess Anne Executive Park, LLC 4. Resolution to AUTHORIZE the City Manager to ACCEPT the DONATION of Artwork from A Dolphin's Promise and DIRECT Staff to install on City property at Sandbridge and Sandpiper Roads 5. Ordinances to APPROPRIATE: a. $4,771 from the Wetlands Civil Penalties program re a Floating Island Wetland Demonstration Project b. $600,000 from the Housing Choice Voucher Program to Housing and Neighborhood Preservation and INCREASE the appropriation for the Portability Program to $841,828 re rental subsidies K. PUBLIC HEARING (BUDGET) 1. FY 2013-14 RESOURCE MANAGEMENT PLAN and proposed increase to the SOLID WASTE MANAGEMENT FEE and PLANNING APPLICATIONS L. ORDINANCES: FY 2013-14 RESOURCE MANAGEMENT PLAN SUBPART 1: Ordinances that sunport the Operating Budget: 1. APPROPRIATE $1,780,373,064 for the Fiscal Year beginning July 1, 2013, and ending June 30, 2014, for Operations 2. ESTABLISH the Tax Levy on Real Estate for Fiscal Year 2014 3. ESTABLISH the Tax Levy on Personal Property and Machinery and Tools for the Calendar Year 2014 4. AUTHORIZE the City Manager to Submit an Annual Funding Plan to the U.S. Department of Housing and Urban Development 5. APPROPRIATE $236,384 and DECLARE $7,350,000 of funding within the Sandbridge Tax Increment Financing District as Surplus Funds in the FY 2012-13 Operating Budget 6. INCREASE the Solid Waste Management Fee to be charged by the City of Virginia Beach far the services of Solid Waste collection, management and disposal of solid waste and other refuse 7. AMEND City Code Section 35-207 INCREASING the Cigarette Tax 8. AMEND Section 2-246 and 2-247 of the City Code for Department Name Alteration (Budget and Management Services) 9. Resolution to DIRECT the City Manager to recoup certain expenses re Special Events 10. AMEND Section 35-159 of the City Code pertaining to the Lodging Tax by extending its "Sunset" provisions and DECREASE the Sandbridge Special Service District Lodging Tax 11. AMEND Section 35-280 of the City Code re License Requirement Fees 12. Resolution providing Certification to the Virginia Retirement System re Member Contributions by Salary reduction 13. AMEND Section 2-72 of the City Code re elimination of compensation for the Personnel Board 14. AMEND Section 2-452.1 of the City Code re elimination of compensation for the Chesapeake Bay Area Preservation Board SUBPART 2: Ordinances to support the Capital Budget: 1. ADOPT the FY 2014/FY 2019 Capital Improvement Program and APPROPRIATE $274,950,286 for the FY 2014 Capital Budget subject to funds being provided from various sources set forth therein 2. AUTHORIZE Issuance of General Obligation Public Improvement Bonds of the City of Virginia Beach, Virginia, in the maximum amount of $68,120,000 for Various Public Facilities and General Improvements 3. AUTHORIZE the Issuance of Water and Sewer System Revenue Bonds of the City of Virginia Beach, Virginia, in the maximum amount of $27,000,000 4. AUTHORIZE the Issuance of Storm Water Utility System Revenue Bonds of the City oi' Virginia Beach, Virginia, in the maximum amount of $12,500,000 SUBPART 3: Planning Ordinances that support the Operating Budget: 1. Applications of the CITY OF VIRGINIA BEACH (Budget) to AMEND the City Zoning Ordinance (CZO): RECOMMENDATION FOR ALL: APPROVAL a. Section 106 re fee for an appeal to the Board of Zoning Appeals b. Sections 107 and 108 re fees for a petition to amend, supplement or change the District boundaries or classification of property and the fee for public notice signs c. Section 221 re the fees for a Conditional Use Permit d. Section 105 re application fee for enlargement, extension, or conversion of a Nonconforming Use e. Section 1403(c) re fee for an application to the Wetlands Board £ Section 1603 re fee for an application to the Wetlands Board involving Coastal Primary Sand Dunes 2. AMEND Section 8.3 re fee for a Subdivision Ordinance Variance 3. AMEND Section 8-31 of the City Code Pertaining to the Addition of Review Fees for Residential Building Plans, Commercial Building Plans and Fire Plans 4. AMEND Section 8-33 of the City Code Pertaining to the Fee for five (5) year Inspections of Elevators 5. Section 33-111.2 of the City Code re fees required for the Vacation of public ways 6. AMEND Section 110 of the Chesapeake Bay Preservation Area Ordinance re fee for an application for a Variance to the Chesapeake Bay Preservation Area Board Option 1: Planning Commission's Recommendation Approve $350 Option 2: City Manager's Recommendation Approve $300 + Applicant Pays for Advertising y4,?.•*`???+• L.p7 .,F...,,?, ' -•l i?•.i:•*" ???z CITY OF VIRGINIA BEACH AGENDA ITEM . ITEM: A Resolution Designating June 12t" as Philippine Independence Day MEETING DATE: May 14, 2013 ¦ Background: The Philippine Independence Day is a celebration of the Filipino-American Community in America, and its main purpose is to create awareness of Philippine culture, raise funds for charity projects in the United States and the Philippines, and provide an opportunity for Filipino Americans to rekindle and share their rich culture and heritage with their fellow citizens. Approximately 400,000 Filipino Americans joined the United States Armed Forces and fought with valor in World War II, and a significant number of those veterans settled in what is now the City of Virginia Beach. Today, the Filipino-American community is the second largest Asian-American group and the largest Southeast Asian American group in the United States. As of the 2010 Census, the Filipino-American population in the United States numbered approximately 3.4 million, with more than 90,000 residing in Virginia. Filipino Americans have made, and continue to make, vital contributions to our nation, our state, and our city, frequently through public service careers and service in our armed forces as well as the fields of health care and education, among others. ¦ Considerations: In this, the fiftieth year of the City of Virginia Beach, it is fitting to thank and honor the many Filipino Americans who have made numerous invaluable contributions to the prosperity and advancement of our City, and their rich heritage adds to the diverse culture and history of the City, as well as Virginia and the nation. Accordingly, this resolution designates June 12th as Philippine Independence Day in Virginia Beach and extends the City Council's gratitude to the City's Filipino- American community. ¦ Public Information: Public information will be provided through the normal Council agenda process. ¦ Attachments: Resolution. Requested by City Council REQUESTED BY CITY COUNCIL 1 A RESOLUTION DESIGNATING JUNE 12T" AS 2 PHILIPPINE INDEPENDENCE DAY 3 4 WHEREAS, the Philippine Independence Day is a celebration of the Filipino- 5 American Community in America, and its main purpose is to create awareness of 6 Philippine culture, raise funds for charity projects in the United States and the 7 Philippines, and provide an opportunity for Filipino Americans to rekindle and share their 8 rich culture and heritage with their fellow citizens; and 9 10 WHEREAS, the Philippine Declaration of Independence occurred on June 12, 11 1898, when Filipino revolutionary forces proclaimed sovereignty and independence for 12 the Philippine Islands from the colonial rule of Spain after the latter was defeated in the 13 Spanish-American War; and the Spanish government ceded the Philippines to the 14 United States in the 1898 Treaty of Paris; and 15 16 WHEREAS, the Filipino-American community is the second largest Asian- 17 American group and the largest Southeast Asian American group in the United States; 18 and 19 20 WHEREAS, as of the 2010 Census, the Filipino-American population in the 21 United States numbered approximately 3.4 million, with more than 90,000 residing in 22 Virginia, and more than half of the community is either naturalized or American-born, 23 while the remainder are Filipino nationals or dual citizens of both the Philippines and the 24 United States; and 25 26 WHEREAS, Filipinos have shown their caring nature especially in their 27 gravitation to professions in the health care industry, as well as their commitment and 28 hard work in careers in public service and public school systems throughout the City, 29 the Commonwealth, and the nation; and 30 31 WHEREAS, new arrivals of Filipinos provide services and expertise in health 32 care, education, information technology, and countless other industries, accounting for 33 Filipino Americans having some of the highest educational attainment rates in the 34 United States with 47.9 percent of all Filipino Americans over the age of 25 having a 35 bachelor's degree; and 36 37 WHEREAS, approximately 400,000 Filipino Americans joined the United States 38 Armed Forces and fought with valor in World War II, and a significant number of those 39 veterans settled in what is now the City of Virginia Beach; 40 41 WHEREAS, the patriotism of Filipino Americans has never wavered, as 42 demonstrated by their continuous enrollment in the United States Armed Forces and 43 courageous service during the Korean War, the Vietnam War, the Gulf War, and the 44 multiple conflicts that are part of the global war on terror; and the Philippines and the 45 Filipino community have maintained close ties with the United States for over a century, 46 especially as allies in the fight against global terrorism; and 47 48 WHEREAS, in this, the fiftieth year of the City of Virginia Beach, it is fitting to 49 thank and honor the many Filipino Americans who have made numerous invaluable 50 contributions to the prosperity and advancement of our City, and their rich heritage adds 51 to the diverse culture and history of the City, as well as Virginia and the nation; 52 53 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 54 VIRGINIA BEACH, VIRGINIA: 55 56 That the City Council hereby designates June 12t" of each year as Philippine 57 Independence Day in Virginia Beach and extends its heartfelt gratitude to the City's 58 Filipino-American community. 59 60 Adopted by the City Council of the City of Virginia Beach, Virginia, this 61 day of , 2013. APPROVED AS TO LEGAL SUFFICIENCY: 4 City Attorney's Office CA12638 R-3 May 7, 2013 ?p. CITY OF VIRGINIA BEACH AGENDAITEM ITEM: An Ordinance to authorize Temporary Encroachments into a portion of City property known as the City of Virginia Beach Waste Management Facility located at 3024 Holland Road, for property owners Thomas A. Potter and Cynthia A. Potter, d/b/a Japanese Auto Masters MEETING DATE: May 14, 2013 ¦ Background: Thomas A. Potter and Cynthia A. Potter, property owners of 3012 Holland Road, have requested permission to remove approximately 24' of existing chain link fence and construct and maintain 10.3' - 72" chain link fence and 10.3' - 96" polyvinyl fence both to tie into an existing 72" chain link fence on City property, a chain link gated entrance with a Knox Box lock, fence posts and 16.4' x 22' heavy duty (asphalt) pavement section for a driveway connection, befinreen the finro properties, to allow emergency access to a fire hydrant (F.H.) on City property located at 3024 Holland Road. ¦ Considerations: City Staff has reviewed the requested encroachments and has recommended approval of same, subject to certain conditions outlined in the Agreement. Of note, the access to the fire hydrant should be of benefit to the applicant. The Holland Road project is scheduled to begin construction in the summer of 2014 and will be providing fire hydrants to service the area, so the access to this hydrant may become unnecessary in the future. However, the building addition will be complete before the road project, making the encroachment necessary so there will be fire hydrant protection prior to the completion of the road project. Mr. and Mrs. Potter are aware that this is a temporary situation and not a permanent solution. ¦ Public Information: Advertisement of City Council Agenda ¦ Alternatives: Approve the encroachments as presented, deny the encroachments, or add conditions as desired by Council. ¦ Recommendations: Approve the request subject to the terms and conditions of the Agreement. ¦ Attachments: Ordinance, Agreement, Plat, Pictures and Location Map Recommended Action: Approval of the ordinance. Submitting Department/Agency: Public Works/Real Estate ri) PAD U? City Manage . ?, ??? 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF CITY 6 PROPERTY KNOWN AS THE CITY OF 7 VIRGINIA BEACH WASTE $ MANAGEMENT FACILITY LOCATED 9 AT 3024 HOLLAND ROAD, FOR lo PROPERTY OWNERS THOMAS A. il POTTER AND CYNTHIA A. POTTER 12 D/B/A JAPANESE AUTO MASTERS 13 14 WHEREAS, Thomas A. Potter and Cynthia A. Potter, property owners of 3012 15 Holland Road, desire to remove approximately 24' of existing chain link fence and 16 construct and maintain 10.3' - 72" chain link fence and 10.3' - 96" polyvinyl fence both 17 to tie into an existing 72" chain link fence on a portion of City property, a chain link gated ls entrance with a Knox Box lock, fence posts and 16.4' x 22' heavy duty (asphalt) 19 pavement section for a driveway connection, befinreen the two properties, to allow 20 emergency access to a fire hydrant (F.H.) on City property located at 3024 Holland 21 Road, in the City of Virginia Beach, Virginia; and 22 23 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 24 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 25 City's property subject to such terms and conditions as Council may prescribe. 26 27 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 28 VIRGINIA BEACH, VIRGINIA: 29 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 3 0 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Thomas A. Potter and 31 Cynthia A. Potter, their heirs, assigns and successors in title are authorized to construct 32 and maintain temporary encroachments for a 10.3' - 72" chain link fence and 10.3' - 33 96" polyvinyl fence both to tie into an existing 72" chain link fence on a portion of City 34 property, a chain link gated entrance with a Knox Box lock, fence posts, remove 35 approximately 24' of existing chain link fence and install 16.4' x 22' heavy duty (asphalt) 36 pavement section for a driveway connection on a portion of the City's property as shown 37 on the map marked Exhibit "A" and entitled: "ENCROACHMENT EXHIBIT "A" OF 3012 38 HOLLAND ROAD VIRGINIA BEACH, VIRGINIA 23452 FOR JAPANESE AUTO 39 MASTERS" DATE: 02/21/13 REVISED through: 4/09/13 SCALE: 1" = 100', a copy of 40 which is on file in the Department of Public Works and to which reference is made for a 41 more particular description; and 42 43 BE IT FURTHER ORDAINED that the temporary encroachments are expressly 44 subject to those terms, conditions and criteria contained in the Agreement between the 45 City of Virginia Beach and Thomas A. Potter and Cynthia A. Potter (the "Agreement"), 46 which is attached hereto and incorporated by reference; and 47 48 49 50 51 52 53 54 55 56 BE IT FURTHER ORDAINED that the City Manager or his authorized designee is hereby authorized to execute the Agreement; and BE IT FURTHER ORDAINED that this Ordinance shall not be in effect until such time as Thomas A. Potter and Cynthia A. Potter and the City Manager or his authorized designee execute the Agreement. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2013. CA-12548 R-1 PREPARED: 4/23/13 APPROVED AS TO CONTENTS . o. ? h P LIC WORKS, REAL ESTATE APPROVED AS TO LEGAL SUFFICIENCY AND FORM i D N RMEYER, TE CITY ATTORNEY PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this 22nd day of April, 2013, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and THOMAS A. POTTER and CYNTHIA A. POTTER, husband and wife, (d/b/a JAPANESE AUTO MASTERS) THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designa.ed and described as "Parce! 1", as shown on that certain pla± entitled: "RESUBDIVISION OF PROPERTY PROPERTY OF NORMAN LEE SMITH DB 958 P 673 DB 2161 P 669 AND PARCEL A LOUISE VIRGINIA SMITH WILLIAMS DB 1889 P 525 PRINCESS ANNE BOROUGH VIRGINIA BEACH, VA" SCALE 1' = 50' 15 JANUARY 1987 9 MARCH 1987 REV 31 MARCH 1987 - REVISED, prepared by Terry W. Branch, Land Surveyor, for Gallup Surveyors & Engineers, Ltd., VIRGINIA BEACH, VIRGINIA," and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 2614, at page 1277, and being further designated, known, and described as 3012 Holland Road, Virginia Beach, Virginia 23453. ?r^ii?: iEr95-24-^v?9G-"va00; ??I i Y ?RCRER i i- 3C?4 ?`?'filaitu Road) 1495-23-6603-0000; (3012 Holland Road) WHEREAS, It is proposed by the Grantee to remove approximately 24' of existing chain link fence and construct and maintain 10.3' - 72" chain link fence to tie to the existing City 72" chain link fence along with a 10.3' - 96" polyvinyl fence tie in, fence posts and a 16.4' x 22' heavy duty pavement section (asphalt driveway) with a gated entrance, with a Knox box lock, to allow emergency access to a City fire hydrant (F.H.), the "Temporary Encroachments", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachments, it is necessary that the Grantee encroach onto a portion of an existing City property known as 3024 Holland Road (Waste Management Facility), the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachmentj within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachments. It is expressly understood and agreed that the Temporary Encroachments will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval, and are more particularly described as follows, to wit: Temporary Encroachments into the Encroachment Area as shown on that certain exhibit plat entitled: "ENCROACHMENT EXHIBIT "A" OF 3012 HOLLAND ROAD VIRGINIA BEACH, VIRGINIA 23452 FOR .JA1='HNtjt Al1 I l7 IVIHS I tKJ," preparea uy K. B. rAiRiCK, PROFESSIONAL ENGINEER for JOHN E. SIRINE ASSOCIATES, LTD. SURVEYORS - ENGINEERS - 2 PLANNERS, said exhibit plat consists of four (4) sheets, copies of which are attached hereto as Exhibit "A", dated 02/21/13 revised 3/21/13 and 4/09/13, SCALE: 1" = 100'," and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachments from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachments herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachments must be removed from the Encroachment Area by the Grantee; and that the Grantee wifl bear all costs and experses cf such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachments. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the i emporary Encroacnmenis so as noi to became unsightiy or a hazaru. 3 It is further expressly understood and agreed that the Grantee must submit and have approved a traffic control plan before commencing work in the Encroachment Area. It is further expressly understood and agreed that the Grantee agrees that no open cut of the public roadway will be allowed except under extreme circumstances. Requests for exceptions must be submitted to the Highway Operations Division, Department of Public Works, for final approval. It is further expressly understood and agreed that the Grantee must obtain a permit from the Civil Inspections Division of the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit"). It is further expressly understood and agreed that prior to issuance of a righi-of-wayfutility easemen4 Permit, the Grantee rrusi post a bond or other security, in the amount of two times their engineer's cost estimate, to the Department of Planning to guard against damage to City property or facilities during construction. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachments. 4 It is further expressly understood and agreed that the Temporary Encroachments must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachments sealed by a registered professional engineer, if required by either the Department of Public Works City Engineer's Office or the Engineering Division of the Department of Public Utilities. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachments and charge the cost thereo-l' to the Grartee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachments; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachments are allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Thomas A. Potter and Cynthia A. Potter, the said Grantees, have caused this Agreement to be executed by their signatures. Further, that the City ot Virginia Beacn nas caused ihis Agreemeni to pe executed in its name 5 and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 6 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2013, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. Notary Public Ivotary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: (SEAL) The foregoing instrument was acknowledged before me this day of , 2013, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. Notary Public Notary Registration Number: My Commission Expires: (SEAL) 7 C gy ? Zz 1?? 3 omas A. Potter, Owner B Y Cyri hia A. Potter, Owner STATE OF V" N ` `` ?JT?COUNTY OF ?h-? i,j'u to-wit: The foregoing instrument was acknowledged before me this 22 Nd day of fk ? r-'tl , 2013, by Thomas A. Potter. \Q? ,Jv-e'-_.4_ (S EAL ) Not ry Public Notary Registration Number: 169, -7 4. C' My Commission Expires: o I-:so I L 5 STATE OF ?ETtc??K ? CITY OUNTY OF V is-1 I ?u, , to-wit: The foregoing instrument was acknowledged before me this 2" day of 2013, by Cynthia A. Potter. (S EAL ) Notar Public IVotary Kegistration IVumber: My Commission Expires: ? \ I -' ° ? ?s 8 APPROVED AS TO CONTENTS l? \ .? ?5? SIGNATURE DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM EYER, 'Y ATTORNEY 9 LYNNHAVEN JOHN E. 5?%r ASSOCIATES, LTD. SURVEYORS a ENGINEERS a PLANNERS 4317 BONNEY ROAD VIRGINIA BEACH, VIRGINIA 23452 PHONE: (757) 486-4910 FAX: (757) 486-4607 WEBSITE: www.Johnsirine.com H tx"'1 " /. ? K. B. PATRICK D Lic. No. 03704 ? <LS-IONA L hb Q?. t .. - _._---_.__......? _., N O ? ? ? Fb l?1 C ? +I?t ?•,, L?? -warrayon _.__....__ .? t,?;;,,,r.i°- ?p; { Af k S ? ? ? . ' 'n•r ¢?F [?i ? ?? ,w' : a a- •-^e- . .... s A_ OFi sti ? .y t c ? ? kn??xx? u i[r-1 3 }; ,?- ?^ ?? }. . -..?. Q ? a PARCEL A 0n CDRRECTED PLAT OF PROPERTY FOR m i:± CL4VEN JUNIOR OWENS AND JOSEPHUS GQDFREY AND LORRAINE GODFl2EY (D.B. 2284, P. 1742) (D.& 1093, P. 83) CHIMNEY HI OAK ?SPRINGS?`?`' IJ??i \ s ?o tio tio ° <<? o 0 DAM NeCK ?SITE 1s LOCATION MAP SCALE: 1"=8000' I AREAS OF NOW OR FOftMERLY PROPOSED C17Y OF VIRGINIA BEACH ENCROACHMENT (D.B. 2714, P. 2048)(O.B. 2B4B, P. 1840) (SEE (M.B. 214, P. s) ENLARGEMENTS i GPIN 1483-24-0280 ZONE I-1 SHEET 2 AND 3) ? y ,. a-aa ? q;_Ei 1, ? xOM LM ran A . . .. . ?: a.-_. ..-. >p r 1 ? Z N ? C ? _... ,........ . :.. :F .._.. . . . _ C + ? ? ? r (? PARCEL B f*1 CDRRECTED PLAT OF PROPERTY FOR CLAVEN JUNIOR OWENS AND JOSEPHUS GODFREY AND LORRAINE GODFREY (D.B. 2284, P. 1742) (D.8. 1093, P. 63) GPIN 1495-23-8702 ? zaam Ao-z NOW OR FORMERLY JOSEPHUS GODFREY AND LORRAINE GODFREY (D.B. 22&4, P. 1742) 0 50 100 200 300 400 FEET GRAPHIC SCALE: 1" = 100' J.O. #84,124 ENCROACHMENT EXHIBIT "A" PROPOSED ENCROACHMENT: OF FENCE TO TIE INTO CITY'S FENCE 0 3012 HOLLAND ROAD IN TWO LOCATIONS AND ASPHALT oRIVEwAY VIRGINIA BEACH, VIRGINIA 23452 . ? FOR ? s 4/09/13 cirr coMMeNn JAPANESE AUTO MASTERS 1 3/27/13 CITY COMMENiS SHEET 1 OF 4 DATE: 02/21/13 N0. DATE DESCRIPTION SCALE: 1":100' F.H. c H-H10E66 .._ 4- ^?1 ?ry Q' ti o? y JOHN E. ? ASSOCIATES, LTD. SURVEYORS • ENqNEERS • PLANNERS 4317 BQNNEY ROAD 3i'TI? 1. VIRGINIA BEACH, VIRGINIA 23452 0 ::::. (757) 486-4910 4Fs'?. ?\1 ?:;•. ?'? L . H ? , ?,' '' F L ? i ) - c 4 -° iL5 z ? K. 8. PATRICK ? Lic. No. 03704 APPROX. 310' TO NEAREST F.H. PROPOSED68LD?GM ONA L ADDITION Af<En, (71- PFRMf;t,!ENT ?p?P ihJL?L!S Tf?I?',L G(iUlPl`I??" .1. IJ ...- v ?' PAn ? ASPHAL'1' r:,; REMOVE APPROX. 24'- EXIST CHAIN ??c1 Q?,f??? ?, REMOVE TOP 3" OF EXIS, LINK FENCE AND INSTALL FENCE POSTS ?aE ';.6" CURB FOR A LENGTH AND CHAIN LINK FENCE GATd , W/ KNOX QF 24' AND ADD 'tr?/ BOX LOCK FOR EMERGENCY aCCESS. A?YD B,?s,r: 1'-WIPEDOWNS ON BOTH ; I2 ?'? I .Ii?U :? ??. 7 ; t .?..,, ,(;Ns ENDS. MORTAR TOP OF ?:,,' I!? ? ?'} I?•.,i {a PROP05ED 4' x 22' EXPOSED CONCRETE TO HEAVY DUTY ?" --PROVtDE A SMOOTH PAVEMENT SECTION I ? SURFACE. ?..---- .,.. ,? C G!?! CRh i c ? ?;I;?:??, c,F Prr???rj?!!.,r?r - _._._..-.? . ___.,...?..._ iitiDUSiRi1S,!_ r0U1PTf:iEiJ-!.?_.. -? ? '+j/ASii E3ASlN% T cc?c:n?:-?: ? ? ( PROPOSED 10.3'-96" POLYVINYL FENCE t f,AD '_; •, ? fi TIED TO EXISIT. 72 CHAIN LINK FENGE. N 49 24 00" E 1 0 ? 2 576 98 AT% 576 65' FIEID) ,,.w =.-x=-? •_ - c) I ASPHAi_i r,SPHA±.r e:i' LOT 1 _...._---__._ - ? - { ., . ;? S-}NE `S jOI;Y, r?- ? 1=' ? ?PROPOSED u IIJC; GC) f?i4(? i 1 STORY Mi1-i?,!.. faUIC.Caf???G ?: BLDG. REL'flCATED A ., ? •" .., . , `?._? ADDITION 1J§TORY ?1?- ? 3,320 S.F ? METAL 0 20 40 80 120 160 FEET BU10ING !, -- ........... .. . . i : . . ,_. . . ? ?•- ._:.- ., .., ::::w,, GRAPHIC SCALE: 1° = 40' JO # 84,124 ' PROPOSED ENCROAC MH ENTS: ENCROACHMENT EXHIBIT "A' PROPOSED ENCROACHMENT: @-10.3'-96" PaLYVINYL FENCE TIED OF FENCE TO TIE INTO CITY'S FENCE TO EXI51T. 72" CHAIN LINK FENCE IN TWO LOCATIONS AND ASPHALT 2 -16.4'x22.0' ASPHALT DRlVEWAY 3012 HOLLAND ROAD DRIVEWAY. vinGiNlA aEHCH, ?diRGlivii, LJ'?tJL W/GATED ENTRANCE TO ALLOW EMERGENCY ACCESS TO F.H. FOR I JAPANESE AUTO MASTERS ' SCALE: 1": 40' SHEET 2 OF 4 DATE: 02/21 /13 ,?11 Q' ?p. ryb o? ? H OF L i o ? U K. B. PATRICK ? Lic. No. 03704 ? L l'; D JOHN E. '???`? ASSOCIATES, Ll'D. ?\??0 SURVEYORS 9 ENGfNEERS o PLANNERS 4317 BONNEY ROAD VIRGINIA BEACH, VIRGINIA 23452 (757) 486-4910 _..,•._ L,??" y3j/ • T 20 .71 O 80 120 160 FEET GRAPNIC SCALE: 1" = 40' PROPOSED ENCROACHMENTS: O ROPOSED 10.3'-96" POLYVINYL ENCROACHMENT EXHIBIT "A" FENCE 71ED TO EXI51T. 72" CHAIN OF uNK FENCE. 3012 HOLLAND ROAD v, RQP(1$Ff? 16.¢'X22.0' ASPHALT DRIVEWAY W/GATED ENTRANCE TO p YII\GIIVI/1 f?Lr1i.il i, YII\VIIVI/'1 LJYJG ALLOW EMERGENCY ACCESS TO F.H. 3 ROPOSED 10.3'-72" CHAIN LINK FOR JAPANESE AUTO MASTERS fENCE TO 11E TO EXIST 72" CHAIN SCALE: 1": 40' ` LINK FENCE. rnuru?r_u <l+i - ic U) N ?? -pt t rn U! -' o o , mrn ?z my ( G.- JO # 84,124 PROPOSED ENCROACHMENT: FENCE TO TIE INTO CITYS FENCE IN TWO LOCATIONS AND ASPHALT DRIVEWAY. SHEET 3 OF 4 DATE: 02/21/13 JOHN E. W ASSOClATES, LTD. SURVEYORS • ENGlNEERS. PLANNERS 4317 BONNEY ROAD VIRGINIA BEACH, VIRGINIA 23452 (757) 486-4910 HEAVY DUTY PAVEMENT SECTION: N.T.S. PAVEMENT SECTION 1S TO MATCH EXISTING PAVEMENT OR: 1 1 2" ASPHA T CONC ETE TY SM-9.5 ?WEARWG? 3" SASE ASPHALT CONCRETE TYPE BM-25.D 7" AGGREGATE TYPE I BASE GR. 21A / COMPACTED SUBGRADE TO A DRY DEN5ITY OF AT LEAST 95% OF lNE STANDARD PROCTOR MAXIMUM DRY DEN5ITY (ASTM D-698). i . s ur; e? o• wL sxs. -- aosrs I 1128I ' SNAPLOCK" . VEFi71CAL5 I 3/9" x 51l1' RAILNIIH..-' ALUMINUM CF{4NNEL 7/8' X 1' ? UCWWMEL I 3f4" x 51rz' RaLv,mi i ALUAIINUM CHnNNE1 ENCROACHMENT EXHIBIT "A° OF 3012 HOLLAND ROAD V'IRGitvlh `r?'?i°-?C 'i, vi°viivii"-? ZJYJ2 FOR JAPANESE AUTO MASTERS SCALE: N.T.S. -T H b Z K. 8. PAIRICK q Lic. No. 03704 ??6??S-/ONA L JO # 84,124 PROPOSED ENCROACHMENT: FENCE TO TIE INTO CITY'S FENCE IN TWO LOCATIONS AND ASPHALT DRIVEWAY. SHEET 4 OF 4 DATE: 02/21/13 PolyVinyl Fence System N`d W Post Size 5uperior ? ?o:°?O?u•* w snawn: oravAno wnuer f18"Tall Sr5xt1'0' ??"°• y,.y? '_?F,?,. t.?. 1 r ?Y ? •t?, - "w..? _. '. . 1Y' q t - i .y..ti ? P P ? ? ? hZ? ? P ? ? P P ISCI O ?w _-E t ?y?L C: [? R? { ? 1 f t ? 0 ? ?.' Aw? " ?. W x ?N E LaM W` ? v' I.L I.L r ?' N 3 ?I-F-Q M ?o ? a W 0 0 ? ? ? M ? aa0 cc N ZZQaQN ? W ? owcna? Q2?H(j)? V V 0 Z Z Z °z M ?O ? Va? ? s ? LL ? UOZa N W? a Q o g , m ? Q N O ? d r ? X . ; ? i ?Q-O o /? o 1 ? N / CF) N /.? M O ? V :3 co N Z3 z Q? _ cn ¢ o ?' a :3 d N ?-o Q. o, o w a W O v ?i vP? `? Q ? ? •? ? U a ? co O J ? a , CITY OF VIRGINIA BEACH AGENDAITEM ITEM: An Ordinance to authorize the acquisition of 5.049 +/- acres of property located adjacent to West Neck Creek Natural Area and accept a portion of its value as a donation from Princess Anne Executive Park, LLC MEETING DATE: May 14, 2013 ¦ Background: Princess Anne Executive Park, LLC, a Virginia limited liability company ("Princess Anne Executive") owns 5.049 +/- acres of 2396 Court Plaza Drive (a portion of GPIN 2404-01-0590) (the "Property"). The City's assessment of the property is $55,800; however, the City Manager's Office was approached by Princess Anne Executive to purchase the Property for $6,000. The remaining value will be claimed by Princess Anne Executive as a donation to the City. The Department of Parks and Recreation has evaluated the Property for open space purposes. The Property is adjacent to West Neck Natural Area (the "Natural Area"), which is currently managed by Parks and Recreation. If acquired, this Property could be combined with the Natural Area. The Property has low elevations and likely contains extensive non-tidal wetland areas. There is potential to extend the existing looped trail system within the Natural Area onto this Property. The Open Space Advisory Committee has been briefed and has endorsed this acquisition for preservation as open space. ¦ Considerations: The City and Princess Anne Executive have reached an agreement on the parcel's purchase price and the terms of the acquisition. The purchase price is $6,000 and is recommended to be funded from the Open Space Program Site Acquisition Project (CIP 4-308.001). Once the Property is purchased, the City will resubdivide the Property to include it with the Natural Area. ¦ Public Information: Advertisement of City Council Agenda ¦ Alternatives: Do not acquire the Property. ¦ Recommendations: Purchase the Property for $6,000 through the Open Space Program Site Acquisition Project (CIP 4-308.001). ¦ Attachments: Ordinance, Summary of Terms, and Location Map Recommended Action: Approval Submitting Department/Agency: Dept. of Parks & Recreation' City Manager: Qj?v?? 1).<:?q^ 1 AN ORDINANCE TO AUTHORIZE THE 2 ACQUISITION OF 5.049 +/- ACRES OF 3 PROPERTY LOCATED ADJACENT TO WEST 4 NECK CREEK NATURAL AREA AND ACCEPT 5 A PORTION OF ITS VALUE AS A DONATION 6 FROM PRINCESS ANNE EXECUTIVE PARK, 7 LLC 8 g WHEREAS, Princess Anne Executive Park, LLC ("Princess Anne Executive' ) owns 10 5.049 +/- acres of 2396 Court Plaza Drive (a portion of GPIN 2404-01-0590) in the City of 11 Virginia Beach, Virginia (the "Property"); 12 13 WHEREAS, Princess Anne Executive desires to convey the Property to the City o 14 Virginia Beach (the "City") for consideration of $6,000, with the remaining value of the 15 property being a donation to the City; 16 17 WHEREAS, the City's Open Space Advisory Committee has been briefed an as 18 endorsed this acquisition for preservation as open space; 19 20 WHEREAS, the City Council of the City of Virginia Beach, Virginia (the " ity 21 Council") is of the opinion that the acquisition of the Property would further the City's Open 22 Space Initiative; and 23 24 WHEREAS, funding for this acquisition is available in the Open Space Acquisition 25 CIP account (CIP 4-308.001). 26 27 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEAC , 28 VIRGINIA: 29 30 1. That the City Council authorizes the acquisition of the Property pursuan o 31 §15.2-1800 of the Code of Virginia (1950), as amended. 32 33 2. That the City Manager is authorized to accept the Property's value, less t e 34 purchase price, as a donation to the City and to execute any necessary documentation of 35 such acceptance. 36 37 3. That the City Manager or his designee is further authorized to execute a 38 documents that may be necessary or pe nI connection th heh Summary of Terms 39 Property, so long as such documents a 40 attached hereto as Exhibit A and made a part hereof, and such other terms, conditions and 41 modifications as deemed necessary and sufficient by the City Manager and in a form 42 deemed satisfactory by the City Attorney. 43 44 Adopted by the Council of the City of Virginia Beach, Virginia, on the day o 45 , 2013. APPROVED AS TO CONTENT: .----, R Dept. of P ecreation CA-12542 \\vbgov.com\DFS] Wpplications\CitylawProd\cycom32\Wpdocs?D00TP016\00060196.DOC R1 May 2, 2013 APPROVED AS TO LEGAL SUFFICIENCY: ? City Attorney's Office EXHIBIT "A" SUMMARY OF TERMS An Ordinance to authorize the acquisition of 5.049 +/- acres of property located adjacent to West Neck Creek Natural Are Xanu ve Park, LLC n of its value as a donation from Princess Anne E OWNER: Princess Anne Executive Park, LLC BUYER: City of Virginia Beach CONISDERATION: $6,000 and acceptance of the remaining fair market value of the property as a donation to the City SOURCE OF FUNDS: CIP 4-308.001 - Open Space Program Site Acquisition Project SETTLEMENT DATE: 30 days from full execution of Agreement of Sale SPECIAL TERMS AND CONDITIONS: . Property must be conveyed free and clear of all liens, leases, tenancies and rights of possession of any and all parties other than the City. • pwner shall pay its own attorney's fees and costs. . City shall bear all other costs of closing. \\vbgov.wm\DFS 1 Wpplications\CityLawProd\cycom32\WPdo?s\D0?7\'016\00060198.DOC LOCATION MAP PROPERTY TO BE ACQUIRED FROM PROPEHI Y LINt PRINCESS ANNE EXECUTIVE PARK, LLC CITY PROPERTY Z- 5.049 +/- ACRES PART OF GPIN 2404-01-0590 ? ??'x?cbl fOg ' ;+?x&..='?7 : w ? ., ?v y ? CITY OF VIRGINIA BEACH AGENDAITEM , ITEM: A Resolution Authorizing the City Manager to Accept A Donation of Artwork and to Direct City Staff to Take Appropriate Steps to Install the Sculpture on City Property MEETING DATE: May 14, 2013 ¦ Background: A Dolphin's Promise is an organization working in partnership with the City to bring life-size dolphin sculptures to Virginia Beach in an effort to raise money for cancer research. Since 2005, A Dolphin's Promise has facilitated the production and installation of numerous dolphin sculptures throughout the City. ¦ Considerations: Recently, A Dolphin's Promise offered to donate a dolphin sculpture to the City for installation on City property in Sandbridge. The sculpture is approximately eight (8) feet long, three and a half (3 '/2) feet in height, and is constructed from boat hull fiberglass. A picture of the dolphin sculpture is attached. The proposed location for installation of the dolphin sculpture is in the City right- of-way located at the corner of Sandbridge Road and Sandpiper Road. A picture depicting the proposed location is attached hereto. The arrow in the attached picture denotes the proposed location for installation of the sculpture. The proposed location was landscaped last fall by the Sandbridge Civic League. A Dolphin's Promise requested that the City install the dolphin sculpture, and the Mayor requested that staff prepare the attached resolution. ¦ Public Information: Public Information will be provided through the normal process of advertising the Council's agenda. ¦ Attachments: Resolution, Picture of Dolphin Sculpture, and Picture of Proposed Location for Installation of Dolphin Sculpture Recommended Action: Approval Submitting Department: Public Works P A Iv 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 36 37 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT A DONATION OF ARTWORK AND TO DIRECT CITY STAFF TO TAKE APPROPRIATE STEPS TO INSTALL THE SCULPTURE ON CITY PROPERTY WHEREAS, A Dolphin's Promise is an organization working in partnership with the City to bring life-size dolphin sculptures to Virginia Beach in an effort to raise money for cancer research; and WHEREAS, since 2005, A Dolphin's Promise has facilitated the production and installation of numerous dolphin sculptures throughout the City; and WHEREAS, A Dolphin's Promise has offered to donate a dolphin sculpture to the City for installation on City property in Sandbridge; and WHEREAS, the proposed location for installation of the dolphin sculpture is in the City right-of-way located at the corner of Sandbridge Road and Sandpiper Road; and WHEREAS, the sculpture is approximately eight (8) feet long, three and a half (3 1/2 ) feet in height, and is constructed from boat hull fiberglass; and WHEREAS, A Dolphin's Promise requested that the City install the dolphin sculpture at the location identified herein. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: (1) The City Council hereby directs the City Manager to accept, on behalf of the City of Virginia Beach, the donation of a dolphin sculpture from A Dolphin's Promise. (2) The City Council hereby directs the City Manager to take appropriate steps to install the dolphin sculpture in the City right-of-way located at the corner of Sandbridge Road and Sandpiper Road. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2013. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: PUBLIC ORKS CITY ATTORN 'S OFFICE CA12625 May 3, 2013 R-4 ., ? r; ? m 0 ? .. ?a e'74, 1- '%: -?A. , , - -.. 11 • . - _ e_ ? ?' ' ?' ??, ? v-??. y Lr ??. , . _ ? ? . F f ? I .?. .? I ? '? i 0 O ? J ? V ? l ! ?V ? ?V ? ?' Na BFq? 3ysYlrr?ia J CITY OF VIRGINIA BEACH AGENDA ITEM . ITEM: An Ordinance to Appropriate Funding for a Floating Island Wetland Demonstration Project MEETING DATE: May 14, 2013 ¦ Background: The City of Virginia Beach Wetlands Board maintains a wetlands civil penalties program to offset impacts that accrue from violations of the Wetlands Ordinance in the City. Funds deposited into this account from Wetlands Board actions are held in public trust for use in developing projects that help to restore wetlands resources in the City, increase public education and awareness of the value of wetlands, and improve the use of wetlands. Wetlands Board civil penalties revenue is captured in the General Fund and its use is managed by the Department of Planning's Environment and Sustainability Office. Recommendations on the use of these funds are reviewed by the City's Clean Waters Task Force. The Task Force reviewed a proposal from Virginia Tech's Hampton Roads Area Research Center to support the construction of a floating island wetland demonstration project to investigate its potential to help improve water quality runoff from stormwater management wet ponds, and has recommended the project be funded. ¦ Considerations: City staff continues to work with Virginia Tech to investigate potential practices that may help the City accomplish stormwater management objectives for meeting Total Maximum Daily Load (TMDL) requirements. Research has determined that floating wetland islands deployed in stormwater management wet ponds have the potential to increase nutrient and sediment uptake and thereby help reduce runoff from these ponds to receiving waterways. The proposed demonstration project will allow for this practice to be constructed and analyzed as to its effectiveness in helping achieve water quality goals. Cost participation requested for this project is $4,771, and sufficient revenue is currently in the fund balance of the General Fund from Wetlands Board civil penalties to meet this request. ¦ Public Information: Public information will be provided through the normal Council Agenda process. ¦ Recommendation: Approve the attached budget amendment. ¦ Attachment:Ordinance Recommended Action: Approval Submitting De artment/Agency: Department of Planning and Community Development City Manage • 6 ? V&t 1 2 3 4 5 6 7 8 9 AN ORDINANCE TO APPROPRIATE FUNDING FOR A FLOATING ISLAND WETLAND DEMONSTRATION PROJECT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $4,771 is hereby appropriated from the fund balance of the General Fund to the FY2012-13 Operating Budget of the Department of Planning and Community Development for a floating island wetland demonstration project. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2013. Requires an affirmative vote by a majority of all of the members of the City Council. APPROVED AS TO CONTENT: ? r 0, 'P'a Management Services APPROVED AS TO LEGAL SUFFICIENCY: <. or e ' Office CA12641 R-1 May 1, 2013 ? ?At Floating Wetlands After Initial Planting ,.iie• '?' , _ ' ,.f ?+ 6r? r• .,? ? „ r Floating Wetlands Installation ? .' ? Floating Wetlands After Maturation II liiulilrn ocn•erx Ihc islaW an.i th,r pl;uu ri.xtts Diagram of Floating Wetlands Cross- Section . J -JT ? 141 -? ?, , ... ? --- '? . _ . ?,. ?3... ? ... ...E ? - ? .. ? ? 11 f _1 i . . ., . - ., - . ?? ? _ _ _ ?ir ??•? __?,_ _ ?.t ? r ? ?. ? 'M1,x, 4•?. '? ? ` . , • ?°? 1 ' . .. r. f •y. .'?? ?, .,.-fr 5 ? + • p ? _ .r'" . ? '' t - ?,r? } ? t t:?;" }'''? ?i 4 V ?k4 ! ? `? ?''y s r ', w ?' S 7 - ' 70'• y? f 5 -C'i ,°?J? ? ?_f , S. •? ' .. C? -?_ ?'? +"?4 ,} ?? Y ,.-?5?. ? Y' ?' '?: _- •.?l ,'•t ,? ?, ?Fr.r -1?, ?i,.4f f-'r f f? ? I ? i i .--? ? rr? ..?,i'._,? ?.!K? : ?`?a?x ?,4 .` ? t ??$t • ?. ?? f?? ?,?'? _ ? ? ?? ? } i ? 4 .. f•? r k f' 4 •?? •??fr1 , ,1 ,?l .r _? ' ? ` y y ?f , ?lI? /,?• ..° .? - '''•ti-? ? r ''if ?, ?"? , ??ti ? ' f• . ''1 : ?4. ?t ? i ?f? ?7.??? 5 y` / ? ,}?, .` !\ ?.?,? ?.?rT ..1??, ?i, ,_.T• ? ?? ,+ ?" q t I . ???'t ; I ???.? ? . . { 1? 1 i i?' ?f ? ?•4/ !•'+?+,?. ? . ? ? c. .?Pcy " . e? ??f? rT ?a ? t et i ti ?`?y r"'? '"`•. -? r r r ?''+ r' _.?k? ?.ryry ? J ",?h jr-- y 20 .1 i _?- ?? ? ? +? +'-- y r `-+?' • `` ' "i{?? LJI Hamptvn Roads Agricultural Research and Extension Center . ?? . ? __ rI I I I s ' ?... ?1KESI' i?_ ! I I , ?f = r- ? ? . * 1 L? i ,..? . _ aws.?- . ` I i ?f . ? - ?r I ..J I = \k . ? f ? '4 . 17 .5f ' ? ?' •? r. i ? Lae, -5t6L I ei -IKO =- ?-. - ?--= - ---. y ?_r__. '•.,l ?k .. -d -?? ?O1Z City af Virginia Beach 22 .? ,? Li h +?;;? r?<a CITY OF VIRGINIA BEACH AGENDA ITEM . ITEM: An Ordinance to Amend the FY 2012-13 Operating Budget of the Department of Housing and Neighborhood Preservation MEETING DATE: May 14, 2013 ¦ Background: The Department of Housing and Neighborhood Preservation operates the Housing Choice Voucher (previously Section 8) program that assists approximately 2,000 households with rental subsidies. This federal program has a portability component that allows assisted households to move from one jurisdiction's housing agency to that of another jurisdiction. When this occurs, the receiving agency may either absorb these households into its existing program, or it may bill the initial agency for the cost of rental subsidies and appropriate administrative fees. The Department of Housing and Neighborhood Preservation has been billing and will continue to bill localities from where program participants have moved to Virginia Beach. The Department of Housing and Neighborhood Preservation is requesting the following changes to the FY 2012-13 operating budget. These changes are required as described below. Appropriate available Housing Choice Voucher Program (HCV) fund balance to the FY 2012-13 operating budget: $600,000 This appropriation of available program fund balance is necessary based on program use thus far this year and to cover estimated expenditures through the remainder of the fiscal year. Use of available fund balance within certain guidelines is required by HUD. Increase appropriation for HCV Portability Program: $841,828 The requested increase in appropriations is based on a revised estimate of the revenue to be received through the portability process. $796,161 of this revenue is essentially pass-through and must be used to pay rents for participants; an additional $45,667 is received as administrative fees and is available to use for operation of the program. Staff proposes to utilize a portion of the $45,667 to purchase software to implement a paperless file storage system for the program that would result in fully electronic program files and a major reduction in required filing storage space over time. ¦ Considerations: Without the appropriation of these funds, they cannot be used for the intended purpose. ¦ Public Information: This item will be advertised in the normal agenda publication process. ¦ Recommendation: Approval of the attached ordinance Attachment: Ordinance Recommended Action: Approval ^ ; , Submitting Department/Agency: i ent of Preservation ? City Manager: k ? Housing and Neighborhood 1 AN ORDINANCE TO AMEND THE FY 2012-13 2 OPERATING BUDGET OF THE DEPARTMENT 3 OF HOUSING AND NEIGHBORHOOD 4 PRESERVATION 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 (1) That $600,000 of program fund balance is hereby appropriated to the FY 10 2012-13 Operating Budget of the Department of Housing and Neighborhood 11 Preservation to provide rental subsidies through the Housing Choice Voucher program, 12 with specific fund reserves revenue increased accordingly; and 13 14 (2) That $841,828 of Housing Choice Voucher Portability Program billings is 15 hereby appropriated to the FY 2012-13 Operating Budget of the Department of Housing 16 and Neighborhood Preservation to provide rental subsidies through the Housing Choice 17 Voucher program, with local revenue increased accordingly. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2013. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: ?ti?? ? a, 2() Management Services APPROVED AS TO LEGAL SUFFICIENCY: Ci? Office CA12632 R-1 April 25, 2013 PUBLIC NOTICE INCREASE IN THE SOLID WASTE MANAGEMENT FEE On Tuesday, May 14, 2013, at 6:00 p.m. in the City Council Chamber on the second floor of the City Hall Building (Building #1), 2401 Courthouse Drive, Virginia Beach, Virginia, the City Council will hold a Public Hearing concerning one or more proposed ordinances establishing the fee for solid waste management for fiscal year 2014. Virginia State Code § 15.2-928 authorizes the City Council to impose fees on residents for providing collection, management, recycling, and disposal of solid waste, recyclable materials, and other refuse. The fee is included in the bimonthly combined utility bill. In accordance with City Code Chapter 31, the City Council is considering an increase to the waste collection fee for all dwellings and churches receiving City trash and recycling services, effective July 1, 2013. The City Council may adopt a monthly charge of up to twenty-one dollars and thirty-six cents ($21.36), an increase of eleven doilars and thirty-six cents over the current monthly charge. This proposal would exceed the previously-advertised proposed monthly charge of thirteen dollars ($13.00). The City Council is considering a two-cent reduction in the real estate tax rate to offset the impact to taxpayers. This Hearing is open to the public and all interested citizens will have an opportunity to be heard. Individuals desiring to provide written comments may do so by contacting the City Clerk's Office at 385-4303. If you are physicaliy disabled or visually impaired and need assistance at this meeting, please call 385-4303. Hearing impaired, TDD - 711. Ruth Hodges Fraser, MMC City Clerk Beacon May 12, 2013 23579293 ?NIA' S po4 CITY OF VIRGINIA BEACH AGENDA ITEM iTEM: The FY 2013-14 Operating Budget and Capital Improvement Program (CIP) Related Ordinances MEETING DATE: May 14, 2013 ¦ Background: On March 26, 2013, the City of Virginia Beach FY 2013-14 Proposed Resource Management Plan, which includes the Operating Budget and Capital Improvement Program, was presented to City Council. The City held an informational meeting on April 4th along with public hearings on April 16tn 23`d and May 14th to provide the public the opportunity to comment on the proposed Resource Management Plan. City Council held budget workshops on April 2nd, 9m 16tn 23rd 30cn and May 7tn Considerations: After discussions at the May 7, 2013 Workshop, City Council agreed to amend the Proposed Resource Management Plan as reflected in the attached letter from the Mayor and Vice-Mayor. Major highlights are: • Eliminate the proposed boat tax increase and reduce the dredging program in the CIP. • Increase compensation by an additional 1.66% beginning October 1 for City employees and on September 1 for School employees to bring the total pay increase to 3% next year and will allow the School Board to accept State funding for pay increases. • Restore the Tax Relief for the Elderly and Disabled Program to its current income thresholds. • Increase the Solid Waste fee from the proposed rate of $13 per month to $21.26 per month and offset this increase with a 2 cent reduction in the Real Estate Tax Rate (from 95 cents per $100 of value to 93 cents per $100 of value). • Reduce the Lodging Tax within the Sandbridge Special Service District from 2.5 percent to 1.5 percent. All the changes recommended by City Council at Reconciliation on May 7th are reflected in the following ordinances provided for consideration and approval to implement the FY 2013-14 Operating Budget and Capital Improvement Program. Ordinances that support the Operatina Budqet: 1. An Ordinance Making Appropriations for the Fiscal Year Beginning July 1, 2013 and Ending June 30, 2014 in the Sum of $1,780,373,064 for Operations. 2. An Ordinance Establishing the Tax Levy on Real Estate for Fiscal Year 2014 3. An Ordinance Establishing the Tax Levy on Personal Property and Machinery and Tools for the Calendar Year 2014 4. An Ordinance to Authorize the City Manager to Submit an Annual Funding Plan to the U.S. Department of Housing and Urban Development 5. An Ordinance to Appropriate $236,384 and Declare $7,350,000 of Funding Within the Sandbridge Tax Increment Financing District as Surplus Funds in the FY 2012-13 Operating Budget 6. An Ordinance to Increase the Solid Waste Management Fee to be Charged by the City of Virginia Beach for the Services of Solid Waste Collection, Management, and Disposal of Solid Waste and Other Refuse 7. An Ordinance to Amend the City Code Pertaining to Cigarette Tax by Increasing the Amount of the Tax 8. An Ordinance to Amend Section 2-246 and 2-247 of the City Code for Department Name Alteration 9. A Resolution to Direct the City Manager to Recoup Certain Expenses Related to Special Events 10. An Ordinance to Amend the City Code Pertaining to the Lodging Tax by Extending its Sunset Provisions and to Lower the Sandbridge Special Service District Lodging Tax 11.An Ordinance to Amend Section 35-280 of the City Code for License Requirement Fees 12.A Resolution Providing Certification to the Virginia Retirement System Regarding Member Contributions by Salary Reduction 13.An Ordinance to Amend Section 2-72 of the City Code Pertaining to the Personnel Board 14.An Ordinance to Amend Section 2-452.1 of the City Code Pertaining to the Chesapeake Bay Area Preservation Board Planninq Ordinances that support the Operatina Budqet: 15.An Ordinance to Amend Section 8.3 of the Subdivision Regulations Pertaining to the Fee for a Subdivision Variance 16.An Ordinance to Amend Section 8-31 of the City Code Pertaining to the Addition of Review Fees for Residential Building Plans, Commercial Building Plans and Fire Plans 17.An Ordinance to Amend Section 8-33 of the City Code Pertaining to the Fee for Five Year Inspections for Elevators 18. An Ordinance to Amend Section 33-111.2 of the City Code Pertaining to the Fees Required for the Vacation of Public Ways 19.An Ordinance to Amend Section 105 of the City Zoning Ordinance Pertaining to the Application Fee for Enlargement, Extension, or Conversion of a Nonconforming Use 20.An Ordinance to Amend Section 106 of the City Zoning Ordinance Pertaining to the Fee for an Appeal to the Board of Zoning Appeals 21. An Ordinance to Amend Sections 107 and 108 of the City Zoning Ordinance, Pertaining to Application Fees for a Petition to Amend, Supplement or Change the District Boundaries or Classification of Property and the Fee for Public Notice Signs 22.An Ordinance to Amend Section 110 of the Chesapeake Bay Preservation Area Ordinance Pertaining to the Fee for an Application for a Variance to the Chesapeake Bay Preservation Area Board 23.An Ordinance to Amend Section 221 of the City Zoning Ordinance Pertaining to the Fees for a Conditional Use Permit 24.An Ordinance to Amend Section 1403 of the City Zoning Ordinance Pertaining to the Fee for an Application to the Wetlands Board Involving Wetlands 25.An Ordinance to Amend Section 1603 of the City Zoning Ordinance Pertaining to the Fee for an Application to the Wetlands Board Involving Coastal Primary Sand Dunes Ordinances to support the Capital Budqet: 26.An Ordinance to Adopt the FY 2014/FY 2019 Capital Improvement Program and to Appropriate $274,950,286 for the FY 2014 Capital Budget Subject to Funds Being Provided from Various Sources Set Forth Herein 27.An Ordinance Authorizing the Issuance of General Obligation Public Improvement Bonds of the City of Virginia Beach, Virginia, in the Maximum Amount of $68,120,000 for Various Public Facilities and General Improvements 28. An Ordinance Authorizing the Issuance of Water and Sewer System Revenue Bonds of the City of Virginia Beach, Virginia, in the Maximum Amount of $27,000,000 29.An Ordinance Authorizing the Issuance of Storm Water Utility System Revenue Bonds of the City of Virginia Beach, Virginia, in the Maximum Amount of $12,500,000 ¦ Public Information: Three public hearings and a Budget informational meeting were held concerning the Operating Budget and Capital Improvement Program. Information on these ordinances was disseminated to the public through the publication of the Proposed Operating Budget and Capital Improvement Program documents which were available for public review at the Central Library, City Hall and on the City's web site. In addition, the ordinances are advertised through the normal Council agenda process, including the advertisement of the City Council agenda. In accordance with the City Charter and State law, there was a series of public notices in the Beacon, which appeared on March 31St, April 7thand May 12tn ¦ Recommendations: It is recommended that all the attached ordinances implementing the FY 2013-14 Operating Budget and Capital Improvement Program be approved. ¦ Attachments: Letter from the Mayor and Vice-Mayor concerning Reconciliation of the FY 2013-14 Operating and Six Year Capital Improvement Program FY 2013-14 Operating Budget and Capital Improvement Program Ordinances Recommended Action: Approval of Ordinances V ?. Submitting Department/Agency: Department of Management Servic s City Manager. ?- ? ?? City of Virgiriia $eaclz vBg(,vxmn WILUnM D. SESSOMS, JR. MUNICIP/4LCENiFR ?Y? BUILDING 1 2461 COURTHOUSEORNE NRGINIA BEACH, VA 23456-90D0 (757) 3634581 FAX (75-? 42b-5699 May 7, 2013 wsessMsevacw.coM Subject: Reconciliation of the FY 2013-14 Operating Budget and Six Year Capital Improvement Program Dear City Council Members; Since the initial presentation of the Proposed Operating Budget and Six Year CIP at the end of March, there have been two opportunities to heaz suggestions from the public; several of you have held town hall meetings to discuss the proposed budget and CIF; and we have held five budget workshops with the various departments to gain additional information: In addition, staff has responded to almost 200 City Council questions. We axe now at that time to integrate the various ideas vve have heard from the community into our Budget for fiscal year 2014. As in the past, we are preparing a"straw man" recommendation to get us started in our discussions today. We believe the two issues that were most frequently raised at the public hearings were concerns over the proposed boat tax increase and the need to increase ennployee eompensation. First, tlie need for the boat tax, recently city staff was informed that the Army Cozps of Engineers would have funding to meet their commitment to dredging navigational channels from the Hurricane Sandy Relief Program. This will allow us to eliminate the proposed boat tax increase for FY 2014 and reduce the dredging progam in the CIP; however, we will need to work towards a permanent funding solution for navigational dredging in the future. Staff has assured us that the remaining fixnding within the Coasta.t Program will a11ow us meet current commitments without significantly impacting navigational chann.el dredging during the upcoming year. Second, to increase employee compensation, we are recommending that City employees receive an additional 1 6b% pav increase befzixnung on October l" beyond the required 134% increase (State mandated VRS increase for full-time employees) proposed in the budget for 3uiy lst School employees would receirre a similar increase by September Ist. This will bring the to#al pay increase for City and School employees to 3% next year and will a11ow the School Board to accept the State's fundang for a 2% pay increase for SOQ positions. May 7, 2013 Page 2 To accQmplish these changes to the budget, we recommend: 1} Reduce the sequestration reserve by $1,976,000 million based on efforts of the various federal agencies and the Congress to mitigate the impact of sequestration. This would ieave $724,000 in the reserve; 2) Reduce the funding available to address vertical compression by $350,000. Refined numbers from Human Resources indicate that providing up to a maximum of $5,000 vertical compression adjustment ta the 170 supervisory employees who currently malce less than those they supervise will reduce the cost to $650,000 rather than the $1 million included in the proposed budget; 3) Reduce funding far debt service by $1,290,339 for the City and by $1,493,106 foz Schools due to the favorable interest rates related to the recent bond sale and refinaxxcing; 4} Increase State xevenue by $622,125 for Constitutional Offices and other state supported functions based on additional pay raise funding included in the State Budget; 5) Increase State funding to Schools by $3,843,201 for the State's proposed 2% pay raise along with increasing our required match under the City/School Revenue Sharing Forrnula by $988,533 because of the additional State funding; and 6} Move an additional $1,116,978 in Sandbridge TIF surplus funding from the School's CTl' to their Operating Budget bring the total in the School Operating Budget to $3,116,978. 7) Reduce City fun.ding for health care by $800,000 to reflect recent estimates of health care refozm costs. In addition to addressing the boat tax and employee pay, we would recommend increasing the solid waste fee to fully cover the cost of delivering residential solid waste services. As the Public Works Departrnent briefed us, this will require a fee of $21.36 per month. The Proposed Operating Budget has a fee of $13.00 per month• we would therefore add an $8.36 increase to the monthly solid waste fee This additional revenue will go to the solid waste special revenue fund To partiallv offset this increase we would suggest a two-cent reduction in the real estate tax rate from 95 cents to 93 cents per $100 valuation. Tmplementing this plan would allow us to restore the Tax Relief for the Elderly Program along with other items being requested. As a part of this, we also xecommend the reduction in real estate taaces not impact the School System through the Revenue Sharing Formula. We also support the following adjustments to tlae Proposed Operating Budget axxd CIP to include: 1) adding a project to renovate the Owis Creek Marsh Pavilion, which will require $1.16 miltion for design in the fxst year with the Aquarium Foundation providing $746,560 of this amount; 2) converting rivo part-time nurses in Human Services to a full-time nurse to address turnover at the Recovery Center; 3) restoring the Media and Communications position and related costs in the City Manager's Office; 4) lowering the hotel tax in the Sandbridge SSD by 1% and offsetting that revenue loss to the sand replenishnaent project by increased use of the Satzdbridge TIF; and 5} eliminating the proposed $100 increase in the surf camp fee. May 7, 2013 Page 3 We hope this suggested recommendation helps the City Council reach consensus on finalizing the FY 2014 Operating Budget and CIP. Attached is a table that explains these recommendations in more detail. We want to take this opportunity to not just to thank the City Council for their time and commitment to working through the va.rious issues in the Operating Budget and CIP; but also to thank a11 the staff who worked to make the briefings meaniuigful and to quickly respond to City Council questions. Sincerely, William D. essoms, Jr., Mayor ;??11 t^_ ) L ` o is R. Jonev Vice-Mayor WDS/LRJ/crw Cc: Members of the School Board James G. Merrill, Superintendent Jamies K. Spare, City Manager M? s. m a? } NI ? N } r•i O N a' I o ;o 0 °:C) kO ; M 0 0; ? m tD m N ci O try' . V) CA N . ': i/?,i1? .? 'fA co O C) ?o to tD 00 t'fl! u1 ?: .-? N? O c-i ? lD ? N t1f1' f? ? r-, tD 1KS; L!] r w-.; C U ? L3t y V) G t N ? n u i> t0. c ? D u ? -a ;;; ? C v? fD .: lQ i ?n :3 f X":- I ? : tI{ i itN L y ? I i ;m ? i O u i N rM ? C .35. O ' f n - s o'' ? u- L e i aL?i ? =cs I J . V -C ? W O ? I C C ?t1f' t ? ? . J - 11I OC £ r: fn w l- c ? 4Y 3 ? 2 ? ' R U y..' 6 ?;.. u ? ?'. c ? r.!. u . ?o u -c' ?.Q ? O1 ° ° ° ° o o L, M ? .im,; A 'i ? O. ? O rn; ' • n L . tt . ? rn . ,„ . t/i. ` th ui s - v1 N ? ': Q Q ? - N al Clf= IA ? ?. Ln Vn 00 ir1 u?,. ? 111 M:? O?b o1 t{S O 00 O O' M tn tD o ? oo W3 m:c?I O C? m c3 OX s O C? 0 O .; O) OR tr) M e? O,In..; 00 tXi ' tD frI 00 +?fl l0 O O ty3 O tl!': O l$ !? tr) ul N.' ? I? u'1 00 tn I? t!! Ct O1 ?D ? Oi ,!C?• ? t+n1 nt ?I' O e»t` O.-1 s O t'?al: o0 M ui Ln tR `i?1.s:: V? : i?k?; V? ^IJ?. VT .?? ?/?? L} i?;? V1 tyi: V} ?7!?: i!? 'V.k? V} LL ? ? O ? S N a N O S C y C ? a ' a a? ? L 0 ? N ,N C C.? +? i L ?: c O X, + L O ` N ? s +?1 " y'3' i p? L' C V t ? H ? ai a? Z !'i , l-1- r i ? ?o p Q "O N £ u ? cu G. 1 ? 4 i ?..? 4A 0 (p 1Ip S i m m a ?, y ?p ?p s lD ti7 o ? i Y # ~ ? ? - C -? -p c ? 'ro 1 c ? { N N C7 ` -a -a s 0 0 ? L L ? Q. d c Ln w r ci ri.: ? :c =o - m m N - ? ? N ? O tZ C m C ? : tA C ? ? OD UD C J; i3 ? y• -p W' i?- •?' . ? . M ' L CJ tip CU )•O V? C.4? y. k3 U O r 4,0- ? U ?- N T3 "a "'CS N ) ?7 ? L + .: ? y 9r aF O csi ?4 t4, N m p O O fl r:. -r +-+ ?-!- U ? = A y '±n Q) O O ? Y•; ? a:;w ?•- +? c c c a, , t/? m 'O OC ? t'1?.'. O u '° ° o o J i 0u u +L1: d ; C Q 6•? ' cn ;? C? N O ±O O'O% O ? ; ? U . U y.+ {+ ? "a r a ? ' ? V j OC m W DC or CE W CG:` ; OQ Ql O -j M I.n , i0 ? 1- i<: a-i r-I ?V N fV N. N N N'. N 1 AN ORDINANCE MAKING APPROPRIATIONS FOR THE FISCAL YEAR 2 BEGINNING JULY 1, 2013 AND ENDING JUNE 30, 2014 IN THE SUM OF 3 $ 1,780,373,064 FOR OPERATIONS 4 WHEREAS, the City Manager has heretofore submitted an Annual Budget for the City for the fiscal year beginning 5 luly 1, 2013, and ending June 30, 2014, and it is necessary to appropriate sufficient funds to cover said budget; 6 7 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 8 9 Sec.l. That the amounts named aggregating $2,457,590,592 consisting of $489,927,169 in inter-fund transfers, 10 $187,290,359 for internal service funds, and $1,780,373,064 for operations, are hereby appropriated subject to the 11 conditions hereinafter set forth for the use of departments, and designated funds of the City government, and for the 12 purposes hereinafter mentioned, as set forth in the Annual Operating Budget, which is hereby incorporated by reference, 13 for the fiscal year beginning July 1, 2013, and ending June 30, 2014, a summary of which is attached to this ordinance as 14 "Attachment A - Appropriations." 15 16 Sec. 2. That in accordance with Section 5.04 of the City Charter, Estimated Revenue in Support of Appropriations is set 17 forth in said Annual Operating Budget, with a summary of Estimated Revenue in Support of Appropriations attached to this 18 ordinance as "Attachment B- Revenues." 19 20 Sec. 3. With the exception of the funds under the control of the School Board, specifically the funds numbered 4%, 107, 21 4rA9, 109, 112, 114, 115, 116, 117, 119, 614, and 615 (hereinafter referred to as "School Board Funds"), the total number of 22 full-time permanent positions shall be the maximum number of positions authorized for the various departments of the 23 City during the fiscal year, except for changes or additions authorized by the Council or as hereinafter provided. The City 24 Manager may from time to time increase or decrease the number of part-time or temporary positions provided the 25 aggregate amount expended for such services shall not exceed the respective appropriations made therefore. The City 26 Manager is further authorized to make such rearrangements of positions within and between the departments as may best 27 meet the needs and interests of the City, including changes necessary to implement the employee transition program. 28 29 Sec.4. To improve the effectiveness and efficiencies of the government in service delivery, the City Council hereby 30 authorizes the City Manager or his designee to transfer appropriated funds and existing positions throughout the fiscal 31 year as may be necessary to implement organizational adjustments that have been authorized by the City Council. Unless 32 otherwise directed by the City Council, such organizational adjustments shall be implemented on such date or dates as the 33 City Manager determines, in his discretion, to be necessary to guarantee a smooth and orderly transition of existing 34 organizational functions. The City Manager shall make a report each year to the City Council identifying the status and 35 progress of any such organizational adjustments. 36 37 Sec. S. All current and delinquent collections of local taxes shall be credited to the General Fund, Special Service District 38 Funds, Tax Increment Financing Fund or any fund to which City Council has, by ordinance, dedicated a tax levy. 39 40 Sec. 6. All balances of the appropriations payable out of each fund of the City Treasury at the close of business for the 41 fiscal year ending on June 30, 2014, unless otherwise provided for, are hereby declared to be lapsed into the fund balance 42 of the respective funds, except all appropriations to School Board Funds derived from local public sources which shall lapse 43 and revert to the General Fund Balance, and may be used for the payment of the appropriations that may be made in the 44 appropriation ordinance for the fiscal year beginning July 1, 2014. Prior to the expenditure of any sums that have lapsed to 45 the fund balance of any fund, an appropriation by the City Council shall be required. 46 47 Sec. 7. That the City's debt management policies for the Water and Sewer Enterprise Fund shall serve as a basis for 48 developing financial strategies for the water and sanitary sewer system based on the following guidelines: (a) for the Water 49 and Sewer Fund, the goal of retaining working capital equal to 80% to 100% of one year's operating expense shall be 50 pursued; (b) for the Water and Sewer Fund, the goal shall be for debt service coverage on its water and sewer revenue 51 bonds at not less than 1.50 times and, on a combined basis, including water and sewer general obligation bonds, at no less 52 than 1.20 times and (c) for the Water and Sewer Fund, contributions from non-borrowed funds, on a five-year rolling 53 average basis, will be sought for approximately 25% of the annual capital program for the water and sewer system. 54 55 Sec. 8. All balances of appropriations in each fund which support authorized obligations or are encumbered at the close 56 of the business for the fiscal year ending on June 30, 2014, are hereby declared to be re-appropriated into the fiscal year 57 beginning July 1, 2014, and estimated revenues adjusted accordingly. 58 59 Sec. 9. All balances of appropriations attributable to grants or other similar funding mechanism from state or federal 60 sources and trust or gift funds, whose period of expenditure extends beyond the fiscal year ending on June 30, 2013, are 61 hereby declared to be re-appropriated into the fiscal year beginning July 1, 2013, and estimated revenues adjusted 62 accordingly. The close-out of any grant or similar funding mechanism shall account for all expenditures in such grant, and 63 provided there is any remaining balance in the grant, the portion of the balance attributable to local sources shall revert to 64 the General Fund, special revenue fund, or enterprise fund that provided the local contribution. 65 66 Sec.10. No department or agency for which appropriations are made under the provisions of this ordinance shall exceed 67 the amount of such appropriations except with the consent and approval of the City Council first being obtained. It is 68 expressly provided that the restrictions with respect to the expenditure of the funds appropriated shall apply only to the 69 totals for each Appropriation Unit included in this ordinance and does not apply to Inter-fund Transfers. 70 71 Sec.11. The City Manager or the Director of Management Services is hereby authorized to approve transfers of 72 appropriations in an amount up to $100,000 between any Appropriation Units included in this ordinance. The City 73 Manager shall make a monthly report to the City Council of all transfers between $25,000 and $100,000. In addition, the 74 City Manager may transfer, in amounts necessary, appropriations from all Reserves for Contingencies except Reserve for 75 Contingencies - Regular, within the intent of the Reserve as approved by City Council. 76 77 Sec. 12. The City Manager or the Director of Management Services is hereby authorized to establish and administer 78 budgeting within Appropriation Units consistent with best management practices, reporting requirements, and the 79 programs and services adopted by the City Council. The City Manager or the Director of Management Services is further 80 authorized to establish administrative directives to provide additional management oversight and control to ensure the 81 integrity of the City's budget. 82 83 Sec. 13. The City Manager or the Director of Management Services is hereby authorized to change the Estimated Revenues 84 included in this ordinance to reflect expected collections. If the Estimated Revenue in support of an Operating 85 Appropriation Unit declines, the City Manager or the Director of Management Services is hereby authorized to reduce, 86 subject to any other provision of law, those appropriations to equal the decline in Estimated Revenue. The City Manager 87 shall give prior notice to the City Council of any reduction to total appropriations exceeding $100,000. The notice to City 88 Council shall identify the basis and amount of the appropriation reduction and the Appropriation Units affected. The 89 accounting records of the City will be maintained in a manner that the total of Estimated Revenue is equal to the total of 90 the Appropriation Units for each of the City's funds. The City Manager or the Director of Management Services is hereby 91 authorized to transfer any excess appropriations to the Reserve for Contingencies after all anticipated expenditures for 92 which those funds were appropriated have been incurred. Nothing in this section shall be construed as authorizing any 93 reduction to be made in the amount appropriated in this ordinance for the payment of interest or principal on the bonded 94 debt of the City Government. 95 96 Sec. 14. Allowances made from the appropriations made in this ordinance by any or all of the City departments, bureaus, 97 or agencies, to any of their officers and employees for expenses on account of the use by such officers and employees of 98 their personal automobiles in the discharge of their official duties shall not exceed forty two cents ($0.42) per mile of 99 actual travel for the first 15,000 miles and fifteen cents ($0.15) per mile for additional miles of such use within the fiscal 100 year. 101 102 Sec. 15. In the event of an emergency and under emergency circumstances wherein the City Council cannot reasonably 103 hold a meeting, the City Manager is authorized to transfer and expend appropriated sums from any budget account to 104 ensure that the emergency is handled as efficiently and expeditiously as possible. Immediately following the expenditure 105 of funds under this provision, and as soon as the City Council can reasonably meet under the existing circumstances, the 106 City Manager shall notify the City Council of the reason for such action, how funds were expended, and present to the City 107 Council for adoption an emergency appropriations ordinance that sets forth what measures are required to ensure that 108 funds are forthwith restored to the appropriate accounts and that the budget is balanced at the end of the fiscal year in 109 which the emergency expenditures occurred. 110 111 An emergency is defined for the purposes of this provision as an event that could not have been reasonably 112 foreseen at the time of the adoption of the budget, and in which (i) an immediate threat to the public health, safety or 113 welfare is involved, such as clean-up after a hurricane, and/or (ii) immediate action is required to protect or preserve public 114 properties. 115 116 Sec. 16. All travel expense accounts shall be submitted on forms approved by the Director of Finance and according to 117 regulations approved by the City Council. Each account shall show the dates expenses were incurred or paid; number of 118 miles traveled; method of travel; hotel expenses; meals; and incidental expenses. The Director of Finance is specifically 119 directed to withhold the issuance of checks in the event expense accounts are submitted for "lump-sum" amounts. 120 121 Sec. 17. The City Manager is hereby authorized to allocate funding, within the aggregate amounts approved by City Council 122 for total compensation, to implement the General Assembly mandated changes to the Virginia Retirement System ("VRS") 123 that require all full-time City employees hired before July 1, 2010 to pay soe five percent 4°6} 5% of their salaries to the 124 VRS to be offset by a pay increase of ene five percent 4%) (5%) by July 1, 2016. The City Council has chosen to phase this 125 in with 1% increments with 1% provided for fiscal year 2014. While not mandated bv the General Assembly, a 1% increase 126 is provided for all full time Citv emplovees hired after July 1, 2010. 127 128 Sec 18 A salarv increase of 34% on July 1 2013 for full-time emplovees and 1.66% on October 1, 2013 is herebv provided 129 for part-time and full time emplovees. 130 131 132 • 133 , 2012, 134 f -.J 4._ II h- ±- --_-F- -.J r rL. fun.J 4.aIanE., ..f+L,., r'.,...,.aI [un.d 135 136 137 138 f0lleWiRg . 139 140 . ' 141 142 ..r'.,n f.. e .J'sahlo.d . o+o s• 143 . 144 cv *„ c)Ci.cute +h cm, „ i?,,.,c jao h?,,,-occc.i Z'vca mi; 145 . 146 rhe nFfie .,f+l,e o.,-.I [star., n«.,.-s.,.-• 147 . , • 148 149 Sec. 2-019. Violation of this ordinance may result in disciplinary action by the City Manager against the person or persons 150 responsible for the management of the Appropriation Unit in which the violation occurred. 151 152 Sec. 2420. This ordinance shall be effective on July 1, 2013. 153 154 Sec. 2421. If any part of this ordinance is for any reason declared to be unconstitutional or invalid, such decision shall not 155 affect the validity of the remaining parts of this ordinance. 156 157 Adopted by the Council of the City of Virginia Beach, Virginia, on this the 14 `h day of May, 2013. 158 159 Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: , ?n IPCA ". &J* Management Services APPROVED AS TO LEGAL SUFFICIENCY: ' i y A r 's Office ? City of Virginia Beach, Virginia Fiscai Year 2013-14 Budget Ordinance Attachment A - Appropriations FY 2013-14 Adopted 002 General Fund Agriculture Benefits Administration Board of Equalization Budget and Management Services Circuit Court City Attorney City Auditor City Cleric City Manager City Real Estate Assessor City Treasurer Clerk of the Circuit Court Commissioner of the Revenue Commonwealth's Attorney Communications and Information Technology Community Organization Grants Convention and Visitor Bureau Cultural Affairs Debt Service Economic Development Emergency Communications and Citizen Services Emergency Medical Services Employee Special Benefits Finance Fire General District Court General Registrar Health Housing and Neighborhood Preservation Human Resources Human Services Independent Financial Services Juvenile and Domestic Relations District Court Juvenile Probation Leases Library Magistrates Municipal Council Museums Parks and Recreation Planning Police Public Works Regional Participation Reserve for Contingencies Revenue Reimbursements Strategic Growth Area Transfer to Other Funds Vehicle Replacements 784,013 635,538 9,583 1,520,668 1,085,522 3,995,079 654,945 564,215 2,762,829 3,183,950 5,110,433 3,058,205 4,042,415 7,692,485 23,457,648 409,126 8,891,354 2,267,523 45,083,433 2,771,193 10,525,863 8,550,938 5,716,592 5,053,202 45,854,388 354,118 1,343,936 3,126,439 1,762,100 4,132,967 106,720,949 153,878 134,689 1,444,869 1,612,227 17,571,418 95,514 533,110 11,452,874 13,023,439 9,710,010 93,151,147 64,637,700 2,065,720 7,912,649 16,193,730 6,387,382 421,786,714 6,032,514 Fund 002 Appropriation Totals 985,021,233 City of Virginia Beach, Virginia Fiscal Year 2013-14 Budget Ordinance Attachment A - Appropriations FY 2013-14 Adopted 098 School Reserve Saecial Revenue Fund Transferto OtherFunds 14,000,000 Fund 098 Appropriation Totals 14,000,000 107 Schooi Eauipment Realacement Saecial Revenue Fund Reserve for Contingencies 453,782 Fund 107 Appropriation Totals 453,782 109 School Vendinq Operations Fund Athletic 363,047 Fund 109 Appropriation Totals 363,047 112 School Communication Tower Technoloq v Fund Instructional Technology 600,000 Fund 112 Appropriation Totals 600,000 114 School Cafeteria Fund Cafeteria 28,600,954 115 School Operatin4 Fund Fund 114 Appropriation Totals 28,600,954 Administration, Attendance, and Health Debt Service Instruction Operations and Maintenance Pupil Transportation Technology 116 School Grants Fund Grants 117 School Textbook Fund Textbook 119 School Athletic Special Revenue Fund Athletic 130 Law Librarv Fund Library Reserve for Contingencies Transfer to Other Funds 21,615, 583 43,094,767 518,411,377 86,963,647 30,893,091 26,975,580 Fund 115 Appropriation Totals 727,954,045 67,040,031 Fund 116 Appropriation Totals 67,040,031 9,556,428 Fund 117 Appropriation Totals 9,556,428 4,910,642 Fund 119 Appropriation Totals 4,910,642 233,437 1,761 57,252 Fund 130 Appropriation Totals 292,450 City of Virginia Beach, Virginia Fiscal Year 2013-14 Budget Ordinance Attachment A - Appropriations FY 2013-14 Adopted 142 DEA Seized Proaertv Special Revenue Fund Commonwealth's Attorney 200,000 Fund 142 Appropriation Totals 200,000 144 Waste Manaqement Special Revenue Fund Public Works 38,562,151 Reserve for Contingencies 125,000 Transferto OtherFunds 3,626,771 Fund 144 Appropriation Totals 42,313,922 147 Federal Section 8 Proqram Special Revenue Fund Housing and Neighborhood Preservation 18,676,860 Fund 147 Appropriation Totals 18,676,860 149 Sheriffs Department Saecial Revenue Fund Sheriff and Corrections 39,252,773 Transfer to Other Funds 24,551 Fund 149 Appropriation Totals 39,277,324 151 Parks and Recreation Special Revenue Fund Debt Service Parks and Recreation Public Works Reserve for Contingencies Transferto OtherFunds 152 Tourism Investment Proqram Fund Convention and Visitor Bureau Cultural Affairs Debt Senrice Parks and Recreation Public Works Reserve for Contingencies Strategic Growth Area Transfer to Other Funds 157 Sandbridae Special Service District Spec Rev Fd Transferto OtherFunds 2,106,472 27,766,931 2,833,125 146,123 3,331,436 Fund 151 Appropriation Totals 36,184,087 100,000 50,500 25, 041,384 34,099 968,133 134,902 4,311,472 4,349;015 Fund 152 Appropriation Totals 34,989,505 4,390,194 Fund 157 Appropriation Totals 4,390,194 161 Aqriculture Reserve Proaram Special Revenue Fund Agriculture Debt Service Reserve for Contingencies Fund 161 Appropriation Totals 214,886 3,838,198 258.733 4_311 A17 City of Virginia Beach, Virginia Fiscal Year 2013-14 Budget Ordinance Attachment A - Appropriations FY 2013-14 Adopted 163 Tourism Advertisinq Proqram Special Revenue Fund Convention and Visitor Bureau 10,647,193 Reserve for Contingencies 11,331 Transfer to Other Funds 56.838 166 Sandbridqe Tax Increment Financina Fund Fund 163 Appropriation Totals 10,715,362 Future C.I.P. Commitments 6,893,992 Transfer to Other Funds 909,806 Fund 166 Appropriation Totals 7,803,798 169 Central Business District-South TIF (Twn Cntr) Fd Debt Service 5,866,866 Transfer to Other Funds 150,000 172 Oqen Saace Saecial Revenue Fund Debt Service Parks and Recreation Public Works Reserve for Contingencies Transferto OtherFunds 174 Town Center Special Service District Parks and Recreation Town Center Special Tax District Transfer to Other Funds 180 Communitv Development Special Revenue Fund Housing and Neighborhood Preservation Transfer to Other Funds 181 CD Loan and Grant Fund Housing and Neighborhood Preservation 182 Federal Housinq Assistance Grant Fund Housing and Neighborhood Preservation Fund 169 Appropriation Totals 6,016,866 2,827,433 502,537 15,300 6,016 1,827,258 Fund 172 Appropriation Totals 5,178,544 30,501 1,531,700 337,197 Fund 174 Appropriation Totals 1,899,398 1,941,269 128,858 Fund 180 Appropriation Totals 2,070,127 699,104 Fund 181 Appropriation Totals 699,104 900,639 Fund 182 Appropriation Totals 900,639 City of Virginia Beach, Virginia Fiscal Year 2013-14 Budget Ordinance Attachment A - Appropriations FY 2013-14 Adopted 183 Grants Consolidated Fund Commonwealth's Attorney 333,680 Emergency Medical Services 375,000 Fire 770,853 Housing and Neighborhood Preservation 1,356,097 Human Services 1,684,321 Museums 31,000 Police 58,111 Public Works 15,000 Reserve for Contingencies 100,000 Transfer to Other Funds 400,000 Fund 183 Appropriation Totals 5,124,062 241 Water and Sewer Fund Debt Senrice 22,527,690 Public Utilities 76,097,986 Reserve for Contingencies 1,112,052 Transferto OtherFunds 17,977,327 Fund 241 Appropriation Totals 117,715,055 253 Parkina Enterarise Fund Debt Service 692,863 Reserve for Contingencies 284,072 Strategic Growth Area 1,786,721 Transfer to Other Funds 933,428 Fund 253 Appropriation Totals 3,697,084 255 Storm Water Utilitv Enterprise Fund Debt Service 2,263,221 Public Works 16,635,590 Reserve for Contingencies 3,060,469 Transferto OtherFunds 15,501,034 Fund 255 Appropriation Totals 37,460,314 310 Old Donation Creek Area Dredqinq SSD Transfer to Other Funds 65,651 Fund 310 Appropriation Totals 65,651 311 Bavville Creek Neiqhborhood Dredqinq SSD Fund Transferto OtherFunds 48,751 Fund 311 Appropriation Totals 48,751 312 Shadowlawn Area Dredqinq SSD Transfer to Other Funds 25,088 Fund 312 Appropriation Totals 25,088 City of Virginia Beach, Virginia Fiscal Year 2013-14 Budget Ordinance Attachment A - Appropriations FY 2013-14 Adopted 540 Generai Government Capital Proiects Fund Building Capital Projects Coastal Capital Projects Economic and Tourism Development Capital Projects Parks and Recreation Capital Projects Roadways Capital Projects 541 Water and Sewer Caaital Proiects Fund Water and Sewer Capital Projects 555 Storm Water Caaital Proiects Fund Storm Water Capital Projects 606 Citv Garaqe Internal Service Fund Public Works Reserve for Contingencies 607 Risk Manaqement Internal Service Fund Finance Reserve for Contingencies 610 Capital Proiects Internal Service Fund Communications and Information Technology Economic Development Finance Public Works Reserve for Contingencies 613 School Landscapinq Internal Service Fund Parks and Recreation Reserve for Contingencies 614 School Risk Manaqement Fund School Risk Management 615 Citv and School Health Insurance Fund City and School Health Insurance 1,641,287 5,439,490 4,149,297 7,825,198 10.581.817 Fund 540 Appropriation Totals 29,637,089 8,000,000 Fund 541 Appropriation Totals 8,000,000 13.962480 Fund 555 Appropriation Totals 13,962,480 11, 732,660 89,690 Fund 606 Appropriation Totals 11,822,350 12, 030, 968 9,520 Fund 607 Appropriation Totals 12,040,488 197,938 63,300 162,711 286,782 2,330 Fund 610 Appropriation Totals 713,061 3,522,500 41,852 Fund 613 Appropriation Totals 3,564,352 11,488,946 Fund 614 Appropriation Totals 11,488,946 132, 851,160 Fund 615 Appropriation Totals 132,851,160 City of Virginia Beach, Virginia Fiscal Year 2013-14 Budget Ordinance Attachment A - Appropriations FY 2013-14 Adopted 616 Fuels Internal Service Fund Public Works 7,872,002 Fund 616 Appropriation Totals 7,872,002 620 Telecommunications Internal Service Fund Communications and Information Technology Reserve for Contingencies 621 Subscriations Internal Service Fund Communications and Information Technology Reserve for Contingencies 908 Citv Beautification Fund Parks and Recreation 909 Librarv Gift Fund Library 910 Parkinq Meters - Homeless Donation Fund Housing and Neighborhood Preservation 911 Parks and Recreation Gift Fund Parks and Recreation Total Budget Appropriations Less Internal Service Funds Less Interfund Transfers NET BUDGET APPROPRIATIONS 3,457,477 197,242 Fund 620 Appropriation Totals 3,654,719 3,027,774 255,507 Fund 621 Appropriation Totals 3,283,281 72,500 Fund 908 Appropriation Totals 72,500 7,000 Fund 909 Appropriation Totals 7,000 10,000 Fund 910 Appropriation Totals 10,000 55_000 Fund 911 Appropriation Totals 55,000 2,457,590,592 187,290,359 489,927,169 1,780,373,064 City of Virginia Beach, Virginia Fiscal Year 2013-14 Budget Ordinance Attachment B - Revenue FY 2013-14 Adopted 002 General Fund Revenue From Local Sources Automobile License 9,419,062 Business License 42,791,543 Charges for Services 37,054,562 Cigarette Tax 12,109,969 Fines and Forfeitures 5,757,400 From the Use of Money and Property 5,282,570 General Sales Tax 57,987,462 Hotel Room Tax 6,066,374 Miscellaneous Revenue 6,159,205 Other Taxes 17,005,932 Permits, Privilege Fees, and Regulatory Licenses 4,794,486 Personal Property 138,576,713 Real Estate 427,074,330 Restaurant Meal Tax 37,060,590 Utility Tax 44,818,891 Revenue from the Commonwealth Other Sources from the Commonwealth 95,152,606 Revenue from the Federal Government 17,448,209 Specific Fund Reserves 3,116,978 Transfers from Other Funds 17,344,351 098 School Reserve Special Revenue Fund Fund 002 Revenue Totals 985,021,233 Specific Fund Reserves 14,000,000 Fund 098 Revenue Totals 14,000,000 107 School Eauipment Realacement Special Revenue Fund Specific Fund Reserves 453,782 Fund 107 Revenue Totals 453,782 109 School Vendinct Operations Fund Revenue From Local Sources Miscellaneous Revenue Specific Fund Reserves 112 School Communication Tower Technoloav Fund Revenue From Local Sources From the Use of Money and Property Specific Fund Reserves 192,550 170,497 Fund 109 Revenue Totals 363,047 260,000 340,000 Fund 112 Revenue Totals 600,000 City of Virginia Beach, Virginia Fiscal Year 2013-14 Budget Ordinance Attachment B - Revenue FY 2013-14 Adopted 114 School Cafeteria Fund Revenue From Local Sources Charges for Services 13,789,527 From the Use of Money and Property 9,051 Miscellaneous Revenue 207,000 Revenue from the Commonwealth Other Sources from the Commonwealth 488,000 Revenue from the Federal Government 13,675,982 Specific Fund Reserves 431,394 Fund 114 Revenue Totals 28,600,954 115 School Oaeratinq Fund Revenue From Local Sources Charges for Services 2,203,383 From the Use of Money and Property 465,000 Misceilaneous Revenue 657,000 Revenue from the Commonwealth Other Sources from the Commonwealth 240,866,735 State Shared Sales Tax 70,522,688 Revenue from the Federal Government 17,141,085 Transfers from Other Funds - 396,098,154 Fund 115 Revenue Totals 727,954,045 116 School Grants Fund Revenue From Local Sources Miscellaneous Revenue 3,044,467 Revenue from the Commonwealth Other Sources from the Commonwealth 15,904,631 Revenue from the Federal Government 48,090,933 Fund 116 Revenue Totals 67,040.031 117 School Textbook Fund Revenue From Local Sources From the Use of Money and Property 100,000 Miscellaneous Revenue 10,000 Revenue from the Commonwealth Other Sources from the Commonwealth 3,606,022 Specific Fund Reserves 5,840,406 Fund 117 Revenue Totals 9,556.428 119 School Athletic Saecial Revenue Fund Revenue From Locai Sources Charges for Services 499,000 From the Use of Money and Property 5,000 Miscellaneous Revenue 4,406,642 Fund 119 Revenue Totals 4,910,642 City of Virginia Beach, Virginia Fiscal Year 2013-14 Budget Ordinance Attachment B - Revenue 130 Law Librarv Fund Revenue From Local Sources Charges for Services From the Use of Money and Property Specific Fund Reserves 142 DEA Seized Proaertv Special Revenue Fund Specific Fund Reserves 144 Waste Manaaement Saecial Revenue Fund Revenue From Local Sources Charges for Services From the Use of Money and Property Permits, Privilege Fees, and Regulatory Licenses Revenue from the Commonwealth Other Sources from the Commonwealth 147 Federal Section 8 Proqram_Special Revenue Fund Revenue From Local Sources Charges for Services Miscellaneous Revenue Revenue from the Federal Government Specific Fund Reserves Transfers from Other Funds 149 Sheriff's Department Saecial Revenue Fund Revenue From Local Sources Charges for Services From the Use of Money and Property Miscellaneous Revenue Revenue from the Commonwealth Other Sources from the Commonwealth Revenue from the Federal Govemment Specific Fund Reserves Transfers from Other Funds FY 2013-14 Adopted 283,000 4,450 5,000 Fund 130 Revenue Totals 292,450 200,000 Fund 142 Revenue Totals 200,000 42, 003, 532 125,000 150,000 35,390 Fund 144 Revenue Totals 42,313,922 Fund 147 Revenue Totals 845,600 32,000 17,448,950 139,629 210,681 18,676,860 4,894,758 15,000 10,000 17,605,275 229,950 1,314, 990 15,207,351 Fund 149 Revenue Totals 39,277,324 City of Virginia Beach, Virginia Fiscal Year 2013-14 Budget Ordinance Attachment B - Revenue 151 Parks and Recreation Saecial Revenue Fund Revenue From Local Sources Charges for Services From the Use of Money and Property Miscellaneous Revenue Permits, Privilege Fees, and Regulatory Licenses Real Estate Revenue from the Commonwealth Other Sources from the Commonwealth Specific Fund Reserves Transfers from Other Funds 152 Tourism Investment Proqram Fund Revenue From Local Sources Amusement Tax Cigarette Tax Fines and ForFeitures From the Use of Money and Property Hotel Room Tax Permits, Privilege Fees, and Regulatory Licenses Restaurant Meal Tax 157 Sandbridqe Special Service District Spec Rev Fd Revenue From Local Sources From the Use of Money and Property Hotel Room Tax Real Estate Specific Fund Reserves Transfers from Other Funds 161 Aqriculture Reserve Proqram Special Revenue Fund Revenue From Local Sources Real Estate 163 Tourism Advertisinq Proqram Special Revenue Fund Revenue From Local Sources Charges for Services From the Use of Money and Property Hotel Room Tax Miscellaneous Revenue Restaurant Meal Tax FY 2013-14 Adopted 12, 982,690 1, 514,877 2,700 700 16,653,197 27,000 77,000 4,925,923 Fund 151 Revenue Totals 36,184,087 5,941,774 932,081 748,000 626,400 15,443,711 124,960 11,172,579 Fund 152 Revenue Totals 34,989,505 6,764 779,012 591,675 642,747 2,369,996 Fund 157 Revenue Totals 4,390,194 4,311,817 Fund 161 Revenue Totals 4,311,817 101,665 42,432 5,259,938 41,243 5,270,084 Fund 163 Revenue Totals 10,715,362 City of Virginia Beach, Virginia Fiscal Year 2013-14 Budget Ordinance Attachment B - Revenue FY 2013-14 Adopted 166 Sandbridqe Tax Increment Financinq Fund Revenue From Local Sources From the Use of Money and Property 25,000 Real Estate 7,410,157 Specific Fund Reserves 368,641 Fund 166 Revenue Totals 7,803.798 169 Central Business District-South TIF (Twn Cntr) Fd Revenue From Local Sources From the Use of Money and Property 900 Hotel Room Tax 500,000 Real Estate 5,208,136 Specific Fund Reserves 307,830 Fund 169 Revenue Totals 6,016,866 172 Open Space Special Revenue Fund Revenue From Local Sources From the Use of Money and Property 21,144 Restaurant Meal Tax 4,637,674 Specific Fund Reserves 519,726 Fund 172 Revenue Totals 5,178,544 174 Town Center Saecial Service District Revenue From Local Sources From the Use of Money and Property 2,600 Real Estate 1,480,463 Specific Fund Reserves 266,335 Transfers from Other Funds 150,000 Fund 174 Revenue Totals 1,899,398 180 Communitv Development Saecial Revenue Fund Revenue From Local Sources Charges for Services 70,000 Revenue from the Federal Government 1,291,730 Transfers from Other Funds 708,397 Fund 180 Revenue Totals 2,070,127 181 CD Loan and Grant Fund Non-Revenue Receipts 100,000 Revenue from the Federal Govemment 484,175 Transfers from Other Funds 114,929 Fund 181 Revenue Totals 699,104 182 Federal Housinq Assistance Grant Fund Non-Revenue Receipts 70,000 Revenue from the Federal Government 830,639 Fund 182 Revenue Totals 900,639 City of Virginia Beach, Virginia Fiscal Year 2013-14 Budget Ordinance Attachment B - Revenue FY 2013-14 Adopted 183 Grants Consolidated Fund Revenue From Local Sources Charges for Services Revenue from the Commonwealth Other Sources from the Commonwealth Revenue from the Federal Government Transfers from Other Funds 241 Water and Sewer Fund Non-Revenue Receipts Revenue From Local Sources Charges for Services From the Use of Money and Property Miscellaneous Revenue Revenue from the Federal Government Transfers from Other Funds 253 Parkina Enterprise Fund Revenue From Local Sources Charges for Services From the Use of Money and Property 255 Storm Water Utilitv Enterprise Fund Revenue From Local Sources Charges for Services From the Use of Money and Property Revenue from the Federal Government Transfers from Other Funds 310 Oid Donation Creek Area Dredqinq SSD Revenue From Local Sources Real Estate 311 Bavville Creek Neiqhborhood Dredqinq SSD Fund Revenue From Local Sources Real Estate 312 Shadowlawn Area Dredqinq SSD Revenue From Local Sources Real Estate 43,632 3,027,510 1,562,561 490,359 Fund 183 Revenue Totals 5.124.062 2,665,095 112, 518, 740 444,274 390,773 1,017,733 678,440 Fund 241 Revenue Totais 117,715,055 3,688,584 8,500 Fund 253 Revenue Totals 3,697,084 37,018,136 125,000 288,159 29,019 Fund 255 Revenue Totals 37,460,314 65_651 Fund 310 Revenue Totals 65,651 48751 Fund 311 Revenue Totals 48,751 25_OSS Fund 312 Revenue Totals 25,088 City of Virginia Beach, Virginia Fiscal Year 2013-14 Budget Ordinance Attachment B - Revenue FY 2013-14 Adopted 540 General Government Capital Proiects Fund Transfers from Other Funds 29,637,089 Fund 540 Revenue Totals 29,637,089 541 Water and Sewer Capital Proiects Fund Transfers from Other Funds 8,000,000 Fund 541 Revenue Totals 8,000,000 555 Storm Water Capital Proiects Fund Transfers from Other Funds 13,962,480 Fund 555 Revenue Totals 13,962,480 606 Citv Garaqe Internal Service Fund Revenue From Local Sources Charges for Services 11,140,970 Specific Fund Reserves 681,380 Fund 606 Revenue Totals 11,822,350 607 Risk Manaqement Internal Service Fund Revenue From Local Sources Charges for Services 12,000,488 From the Use of Money and Property 40,000 Fund 607 Revenue Totals 12,040,488 610 Caaital Proiects Internal Service Fund Revenue From Local Sources Charges for Services 713,061 Fund 610 Revenue Totals 713,061 613 School Landscaainq Internal Service Fund Revenue From Local Sources Charges for Services 3,564,352 Fund 613 Revenue Totals 3,564,352 614 School Risk Manaaement Fund Revenue From Local Sources Charges for Services 11,465,209 Miscellaneous Revenue 23,737 Fund 614 Revenue Totals 11,488,946 615 Citv and School Health Insurance Fund Revenue From Local Sources Miscellaneous Revenue 132,851,160 Fund 615 Revenue Totals 132,851,160 616 Fuels Internal Service Fund Revenue From Local Sources Charges for Services 7,872,002 Fund 616 Revenue Totals 7,872,002 City of Virginia Beach, Virginia Fiscal Year 2013-14 Budget Ordinance Attachment B - Revenue FY 2013-14 Adopted 620 Telecommunications Internal Service Fund Revenue From Local Sources Charges for Services 3,317,173 Specific Fund Reserves 337,546 Fund 620 Revenue Totals 3,654.719 621 Subscriqtions Internal Service Fund Revenue From Local Sources Charges for Services 2,351,644 Specific Fund Reserves 931,637 Fund 621 Revenue Totals 3,283,281 908 Citv Beautification Fund Revenue From Local Sources MisceFlaneous Revenue 72,500 Fund 908 Revenue Totals 72,500 909 Librarv Gift Fund Revenue From Local Sources Misceilaneous Revenue 7,000 Fund 909 Revenue Totals 7,000 910 Parkina Meters - Homeless Donation Fund Revenue From Local Sources Miscellaneous Revenue 10,000 Fund 910 Revenue Totals 10,000 911 Parks and Recreation Gift Fund Revenue From Local Sources Miscellaneous Revenue 55,000 Fund 911 Revenue Totals 55.000 Total Budget Revenues 2,457,590,592 Less Internal Service Funds 187,290,359 Less Interfund Transfers 489,927,169 NET BUDGET REVENUES 1,780,373,064 1 AN ORDINANCE ESTABLISHING THE TAX LEW ON REAL ESTATE FOR FISCAL 2 YEAR 2014 3 BE IT ORDAINED BY THE COUNCI.L OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 4 5 Sec. 1. Amount of Levy on Real Estate. 6 There shall be levied and collected for fiscal year 2014 taxes for general purposes on all real estate, including all 7 separate classifications of real estate set forth in the Code of Virginia, not exempt from taxation and not otherwise 8 provided for in this ordinance, at the rate of ninety-three #+ae cents 0.93 rt? on each one hundred dollars ($100) of 9 assessed valuation thereof. The real property tax rate that has been prescribed in this section shall be applied on the basis 10 of one hundred percentum of the fair market value of such real property, except for public service real property, which 11 shall be on the basis as provided in Section 58.1-2604 of the Code of Virginia. It is the intention of the Council that four 12 cents of the tax rate is dedicated, subject to annual appropriation, to provide funding for the Schools to offset the decrease 13 in State funding through the Local Composite Index, and two cents of the tax rate is dedicated, subject to annual 14 appropriation, to offset the State reduction in funding for urban road construction and the increased local obligations 15 under the Line of Duty Act. The Council directs the City Manager in the production of future budgets to provide an analysis 16 of State funding for Schools, urban road construction, and the Line of Duty Act. At such time as the State restores funding 17 above the following benchmarks: funding for Schools at $350M (per annum, net of School Facility Funds); urban road 18 construction at $20M (per annum); and Line of Duty Act at $0 (per annum), the City Manager will recommend a reduction, 19 in whole or in part, to the four cent or two cent tax rate dedication in an amount roughly equal to the increased State 20 funding with a corresponding decrease in the real estate tax rate. 21 22 Sec. Z. Amount of Levy on "Certified Pollution Control Equipment and Facilities" Classified as Real Estate, "Certified 23 Storm Water Management Developments and Property;" "Certified Solar Energy Recycling Equipment, Facilities 24 or Devices" Classified as Real Estate, and "Environmental Restoration Sites;" Real Estate Improved by Erosion 25 Controls, and Certain Wetlands and Riparian Buffers. 26 In accordance with Sections 58.1-3660 (A), 58.1-3660.1, 58.1-3661, 58.1-3664, 58.1-3665 and 58.1-3666 of the 27 Code of Virginia, there shall be levied and collected for general purposes for fiscal year 2014, taxes on all real estate (a) 28 certified by the Commonwealth of Virginia as "Certified Pollution Control Equipment and Facilities," (b) certified by the 29 Department of Environmental Quality as "Certified Storm Water Management Developments and Property," (c) certified as 30 provided by Code of Virginia Section 58.1-3661 as "Certified Solar Energy Equipment, Facilities or Devices," or "Certified 31 Recycling Equipment, Facilities or Devices," (d) defined by Code of Virginia Section 58.1-3664 as an "Environmental 32 Restoration Site," (e) improved to control erosion as defined by Code of Virginia § 58.1-3665, or (f) qualifying as wetlands 33 and riparian buffers as described by Code of Virginia § 58.1-3666, not exempt from taxation, at a rate of ninety-three i"+?re 34 cents 0.93 ($9:95) on each one hundred dollars of assessed valuation thereof. The real property tax rates imposed in this 35 section shall be applied on the basis of one hundred percentum of fair market value of such real property except for public 36 service property, which shall be on the basis as provided in Section 58.1-2604 of the Code of Virginia. 37 38 Sec. 3. Amount of Levy on Real Estate Within the Sandbridge Special Service District. 39 There shall be levied and collected for fiscal year 2014, taxes for the special purpose of providing beach and 40 shoreline restoration and management at Sandbridge on all real estate within the Sandbridge Special Service District, not 41 exernpt from taxation, at the rate of six cents ($0.06) on each one hundred dollars ($100) of assessed value thereof. This 42 real estate tax rate shall be in addition to the real estate tax rate set forth in Section 1 of this ordinance. For real property 43 that qualifies for Land Use Assessment, pursuant to Division 2 of Chapter 35 of the City Code, or Exemption, Deferral or 44 Freeze for Elderly and Disabled Persons, pursuant to Division 3 of Chapter 35 of the City Code, this real estate tax rate shall 45 be applied in the same manner as the real estate tax rate set forth in Section 1 of this ordinance. The real estate tax rate 46 imposed herein shall be applied on the basis of one hundred percentum of the fair market value of such real property 47 except for public service real property, which shall be on the basis as provided in Section 58.1-2604 of the Code of Virginia. 48 49 Sec. 4. Amount of Levy on Real Estate Within the Town Center Special Service District. 50 For the special purpose of operating and maintaining the parking garage and providing enhanced services for the 51 plaza and public spaces within the boundaries of the service district at the Town Center, as well as other additional services 52 authorized by Virginia Code § 15.2-2403, there shall be levied and collected for fiscal year 2014, taxes on all real esiate 53 within the Town Center Special Service District, not exempt from taxation, at the rate of forty-five cents ($0.45) on each 54 one hundred dollars ($100) of assessed value thereof. This real estate tax rate shall be in addition to the real estate tax set 55 forth in Section 1 of this ordinance. For real property that qualifies for Land Use Assessment, pursuant to Division 2 of 56 Chapter 35 of the City Code, or Exemption, Deferral or Freeze for Elderly and Disabled Persons, pursuant to Division 3 of 57 Chapter 35 of the City Code, this real estate tax rate shall be applied in the same manner as the real estate tax rate set forth 58 in Section 1 of this ordinance. The real estate tax rate imposed herein shall be applied on the basis of one hundred 59 percentum of the fair market value of such real property, except for public service real property, which shall be on the basis 60 as provided in Section 58.1-2604 of the Code of Virginia. 61 62 Sec. 5. Amount of Levy on "Energy-Efficient Buildings". 63 In accordance with Section 58.1-3221.2 of the Code of Virginia and any relevant section of the City Code, there 64 shall be levied and collected for general purposes for the fiscal year 2014, taxes on all real estate that has been classified as 65 an energy efficient building, not exempt from taxation, at a rate of seventv-eight e+g#ty cents 0.78 ($8-89) on each one 66 hundred dollars of assessed valuation thereof. The real property tax rate imposed in this section shall be applied on the 67 basis of one hundred percentum of fair market value of such real property except for public service property, which shall be 68 on the basis as provided in Section 58.1-2604 of the Code of Virginia. 69 70 Sec. 6. Amount of Levy on Properties Listed in the Virginia Landmarks Register. 71 In accordance with Section 58.1-3221.5 of the Code of Virginia and any relevant section of the City Code, there 72 shall be levied and collected for general purposes for the fiscal year 2014, taxes on buildings that are individually listed on 73 the Virginia Landmarks Register, not including the real estate or land on which the building is located, so long as the 74 building is maintained in a condition such that it retains the characteristics for which it was listed on the Virginia Landmarks 75 Register at a rate of fortv-nine fi#ty-ene cents 0.49 'c on each one hundred dollars of assessed valuation thereof. 76 The real property tax rate imposed in this section shall be applied on the basis of one hundred percentum of fair market 77 value of such real property except for public service property, which shall be on the basis as provided by Section 58.1-2604 78 of the Code of Virginia. 79 80 Sec. 7. Amount of Levy on Real Estate Within the Old Donation Special Service District. 81 There shall be levied and collected for fiscal year 2014, taxes for the special purpose of providing neighborhood 82 channel dredging of creeks and rivers to maintain existing uses on all real estate within the Old Donation Special Service 83 District, not exempt from taxation, at the rate of eighteen and four-tenths cents ($0.184) on each one hundred dollars 84 ($100) of assessed value thereof. This real estate tax rate shall be in addition to the real estate tax rate set forth in Section 1 85 of this ordinance. Except as provided explicitly in Chapter 35.3 of the Code of the City of Virginia Beach, this tax rate shall 86 apply without reduction to any properties subject to ad valorem taxes including those properties enrolled in the Exemption, 87 Deferral or freeze for Elderly and Disabled Persons, City Code §§ 35-61, et seq. As set forth in Code of Virginia, section 88 15.2-2403(6), written consent is required to apply this tax rate to the full assessed value of properties subject to special use 89 value assessment. The real estate tax rate imposed herein shall be applied on the basis of one hundred percentum (100%) 90 of the fair market value of such real property except for public service real property, which shall be on the basis as provided 91 in Section 58.1-2604 of the Code of Virginia. 92 93 Sec. 8. Amount of Levy on Real Estate Within the Bayville Creek Special Service District. 94 • There shall be levied and collected for fiscal year 2014, taxes for the special purpose of provicling neighborhood 95 channel dredging of creeks and rivers to maintain existing uses on all real estate within the Bayville Creek Special Service 96 District, not exempt from taxation, at the rate of thirty six and three-tenths cents ($0.363) on each one hundred dollars 97 ($100) of assessed value thereof. This real estate tax rate shall be in addition to the real estate tax rate set forth in Section 1 98 of this ordinance. Except as provided explicitly in Chapter 35.3 of the Code of the City of Virginia Beach, this tax rate shall 99 apply without reduction to any properties subject to ad valorem taxes including those properties enrolled in the Exemption, 100 Deferral or Freeze for Elderly and Disabled Persons, City Code §§ 35-61, et seq. As set forth in Code of Virginia, section 101 15.2-2403(6), written consent is required to apply this tax rate to the full assessed value of properties subject to special use 102 value assessment. The real estate tax rate imposed herein shall be applied on the basis of one hundred percentum (100%) 103 of the fair market value of such real property except for public service real property, which shall be on the basis as provided 104 in Section 58.1-2604 of the Code of Virginia. 105 106 Sec. 9. Amount of Levv on Real Estate Within the Shadowlawn Special Service District. 107 There shall be levied and collected for fiscal vear 2014 taxes for the special purpose of providins neighborhood 108 channel dredsins of creeks and rivers to maintain existing uses on all real estate within the Shadowlawn Speciat Service 109 District not exempt from taxation at the rate of fifteen and nine-tenths cents ($0.1594) on each one hundred dollars 110 ($100) of assessed value thereof. This real estate tax rate shall be in addition to the real estate tax rate set forth in Section 1 111 of this ordinance Except as provided exqlicitlv in Chapter 35.3 of the Code of the Citv of Virsinia Beach, this tax rate shall 112 apply without reduction to anv properties subiect to ad valorem taxes includina those properties enrolled in the Exemption. 113 Deferral or Freeze for Elderly and Disabled Persoris Citv Code §§ 35-61 et sea. As set forth in Code of Virginia, section 114 15 2-2403(6)written consent is required to applv this tax rate to the full assessed value of properties subiect to special use 115 value assessment The real estate tax rate imposed herein shall be applied on the basis of one hundred percentum (100%) 116 of the fair market value of such real propertv except for public service real propertv which shall be on the basis as provided 117 in Section 58.1-2604 of the Code of Virginia. 118 119 Sec.910.5everebility. 120 If any portion of this ordinance is for any reason declared to be unconstitutional or invalid, such decision shall not 121 affect the validity of the remaining portions of this ordinance. 122 123 Sec. 4811.Effective Date. 124 The effective date of this ordinance shall be July 1, 2013. 125 126 Adopted by the City Council of the City of Virginia Beach, Virginia on this 14th day of May, 2013. 127 128 Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 'e Management 5ervices s Office 1 AN ORDINANCE ESTABLISHING THE TAX LEVY ON PERSONAL 2 PROPERTY AND MACHINERY AND TOOLS FOR THE CALENDAR YEAR 3 2014 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 5 6 Sec. 1. Amount of Levy on the General Classification of Tangible Personal Property. 7 In accordance with Chapter 35 of Title 58.1 of the Code of Virginia, taxes shall be levied and collected for general 8 purposes for the calendar year 2014 on all tangible personal property, including all separate classifications of personal 9 property set forth in the Code of Virginia, not exempt from taxation and not otherwise provided for in this ordinance, at the 10 rate of three dollars and seventy cents ($3.70) on each one hundred dol?ars ($100) assessed valuation thereof. 11 12 Sec. 2. Personal Property Tax Relief. 13 As required by § 58.1-3523 of the Code of Virginia, qualifying vehicles (as defined by § 58.1-3523), not otherwise 14 exempted from taxation in this ordinance or by law, shall be subject to the following: 15 1 Any qualifying-vehicle with a total assessed value of $1,000 or less will be levied no tax. 16 2. Any qualifying vehicle with an assessed value of between $1,001 and $20,000 will be levied 41% of the 17 computed tax based on the total assessed value of the vehicle. Reimbursement is expected from the state under the 18 Personal Property Tax Relief Act equal to the remaining 59% of the computed tax on the first $20,000 of assessed value. 19 3. Any qualifying vehicle with an assessed value of over $20,000 will be levied 41% of the computed tax based 20 on the first $20,000 of assessed value and 100% of the computed tax based on the assessed value in excess of $20,000. 21 Reimbursement is expected from the state under the Personal Property Tax Relief Act equal to the remaining 59% of the 22 computed tax on the first $20,000 of assessed value. 23 4. Pursuant to authority conferred in Item 503.1) of the 2005 Virginia Appropriations Act, the City Treasurer is 24 authorized to issue a supplemental personal property tax bill, in the amount of 100% of the tax due without regard to any 25 former entitlement to state relief, plus applicable penalties and interest, to any taxpayer whose taxes with respect to a 26 qualifying vehicle for tax year 2005 or any prior tax year remain unpaid on September 1, 2006, or such earlier date as 27 reimbursement with respect to such bill is no longer available from the Commonwealth, whichever earlier occurs. Penalties 28 and interest with respect to bills issued pursuant to this section shall be computed on the entire amount of tax owed. 29 Interest shall be computed from the original due date of the tax. 30 31 Sec. 3. Amount of Levy on Certain Classifications of Tangible Personal Property 32 In accordance with Chapter 35 of Title 58.1 of the Code of Virginia, taxes shall be levied and collected for general 33 purposes for the calendar year 2014 on the certain classifications of tangible personal property set forth below at the rate 34 of three dollars and seventy cents ($3.70) on each one hundred dollars ($100) assessed valuation thereof. 35 a. heavy construction equipment as described in Code of Virginia § 58.1-3506 (A) (8); 36 b. computer equipment as described in Code of Virginia § 58.1-3506 (A) (11); 37 c. tangible personal property as described in (a) Code of Virginia § 58.1-3506 as "certified pollution control 38 equipment and facilities" and (b) Code of Virginia § 58.1-3661 as "certified solar equipment, facilities or devices and 39 certified recycling equipment, facilities or devices"; 40 d. furniture, office, and maintenance equipment as described in Code of Virginia § 58.1-3506 (A) (24); 41 e. all tangible personal property employed in a trade or business other than described in subdivisions A 1 42 through A 18, except for subdivision A 17, of § 58.1-3503 as described in Code of Virginia § 58.1-3506 (A) (26); 43 f. programmable computer equipment and peripherals employed in a trade or business ad described in Code of 44 Virginia § 58.1-3506 (A) (27); 45 g. tangible personal property used in the provision of internet service as described in Code of Virginia § 58-1- 46 3506 (A) (31); 47 h. forest harvesting and silvicultural activity as described in Code of Virginia § 58-1-3506 (A) (33); 48 i. equipment used primarily for research, development, production or provision of biotechnology as described in 49 Code of Virginia § 58-1-3506 (A) (34); 50 j. tangible personal property which is owned and operated by a service provider who is not a CMRS provider and 51 is not licensed by the FCC used to provide, for a fee, wireless broadband internet service as described in Code of Virginia § 52 58-1-3506 (A) (37). 53 54 Sec. 4. Amount of Levy on Manufactured Homes. 55 There shall be levied and collected for general purposes for the calendar year 2014 taxes on ail vehicles without 56 motive power, used or designated to be used as manufactured homes, as defined by Section 36-85.3 of the Code of 57 Virginia, at the rate of ninety-three #'we cents 0.93 `t,; on each one hundred dollars ($100) of assessed valuation 58 thereof. Such property declared a separate class of tangible personal property in Section 58.1-3506 (A) (10). 59 60 Sec. S. Amount of Levy on All Boats or Watercraft Used for Business Purposes Only. 61 There shall be levied and collected for general purposes for the calendar year 2014 taxes on all boats or watercraft 62 used for business purposes (both boats weighing less than five (5) tons and boats weighing five (5) tons or more), except as 63 provided for in Section 8 of this ordinance, at the rate of one dollar and fifty cents ($1.50) on each one hundred do?lars 64 ($100) of assessed valuation thereof. Such property declared a separate class of tangible personal property in Sections 65 58.1-3506 (A) (35) and (A) (36). 66 67 Sec. 6. Amount of levy on All Boats or Watercraft Not Used Solely for Business Purposes. 68 There shall be levied and collected for general purposes for the calendar year 2014 taxes on all boats or watercraft 69 not used solely for business purposes weighing less than five (5) tons, and weighing five (5) tons or more, except as 70 provided for in Section 8 of this ordinance, at the rate of one dollar and fifty cents ($1.50) on each one hundred dollars 71 ($100) of assessed valuation thereof. Such property declared a separate class of tangible personal property in Sections 72 58.1-3506 (A) (1) (a) and (A) (1) (b). 73 74 Sec. 7. Amount of Levy on Machinery and Tools. 75 In accordance with Section 58.1-3507 of the Code of Virginia, there shall be levied and collected for general 76 purposes for the calendar year 2014 taxes on machinery and tools, including machinery and tools used directly in the 77 harvesting of forest products or semiconductor manufacturing, not exempt from taxation, at the rate of one millionth of 78 one cent ($.000001) on each one hundred dollars ($100) of assessed valuation thereof. As provided by Code of Virginia § 79 58.1-3506 (B), the following personal property shall also be taxed at the rate of machinery and tools: 80 a. all tangible personal property used in research and development businesses, as described in Code of 81 Virginia § 58.1-3506 (A) (7); 82 b. generating or cogenerating equipment, as described in Code of Virginia § 58.1-3506 (A) (9); and 83 c. all motor vehicles, trailers and semitrailers with a gross vehicle weight of 10,000 pounds or more used to 84 transport property for hire by a motor carrier engaged in interstate commerce, as described in Code of Virginia § 58.1-3506 85 (A) (25). 86 87 Sec. 8. Amount of Levy on Privately Owned Pleasure Boats and Watercraft Used for Recreational Purposes Only. 88 There shall be levied and collected for general purposes for the calendar year 2014 taxes on all privately owned 89 pleasure boats and watercraft used for recreational purposes only, at the rate of one millionth of one cent ($.000001) on 90 each one hundred dollars ($100) of assessed valuation thereof. Such property declared a separate class of tangible personal 91 property in Sections 58.1-3506 (A) (12), (A) (28), and (A) (29). 92 93 Sec. 9. Amount of Levy on Privately Owned Camping Trailers, Privately Owned Travel Trailers, and Motor Homes Used for 94 Recreational Purposes Only, and Privately Owned Horse Trailers. 95 There shall be levied and collected for general purposes for the calendar year 2014 taxes at the rate of one dollar 96 and fifty cents ($1.50) on each one hundred dollars ($100) of assessed valuation thereof on the following property: (a) all 97 privately owned camping trailers and motor homes as defined in Section 46.2-100 of the Code of Virginia and privately 98 owned travel trailers as defined in Code of Virginia § 46.2-1900, that are used for recreational purposes only; and (b) 99 privately owned trailers as defined in § 46.2-100 of the Code of Virginia that are designed and used for the transportation of 100 horses, except those trailers described in subdivision (A) (11) of § 58.1-3505 of the Code of Virginia. Such property declared 101 a separate class of tangible personal property in Sections 58.1-3506 (A) (18) and (A) (30). 102 103 Sec. 10. Amount of Levy on One Motor vehicle Owned and Regularly Used by a Disabled Veteran. 104 There shall be a reduced tax, levied and collected for general purposes for the calendar year 2014 at the rate of 105 one dollar and fifty cents ($1.50) on each one hundred dollars ($100) of assessed valuation, on one (1) motor vehicle owned 106 and regularly used by a veteran who has either lost, or lost the use of, one or both legs, or an arm or a hand, or who is 107 blind, or who is permanently and totally disabled as certified by the Department of Veterans' Affairs. Any motor vehicles in 108 addition to the one (1) so taxed shall not qualify for the taxation at the rate established herein, and shall be taxed at the 109 rate or rates applicable to that class of property. To qualify, the veteran shall provide a written statement to the 110 Commissioner of the Revenue from the Department of Veterans' Affairs that the veteran has been so designated or 111 classified by the Department of Veterans' Affairs as to meet the requirements of Section 58.1-3506 (A) (19), and that his or 112 her disability is service connected. Such property declared a separate class of tangible personal property in Section 58.1- 113 3506 (A) (19). 114 115 Sec.11. Amount of Levy on a Motor Vehicle Owned and Used Primarily by or for Someone at Least Sixty-Five 116 Years of Age or Anyone Found to be Permanently and Totally Disabled. 117 a. In accordance with Sections 58.1-3506.1 et seq. of the Code of Virginia, there shall be a reduced tax, levied and 118 collected for general purposes for calendar year 2014, at the rate of three dollars ($3.00) on each one hundred dollars 119 ($100.00) of assessed valuation, on one (1) automobile or pickup truck owned and used primarily by or for anyone at least 120 sixty-five years of age or anyone found to be permanently and totally disabled, as defined in Section 58.1-35063 of the 121 Code of Virginia, subject to the following conditions: 122 1. The total combined income received, excluding the first $7,500 of income, from all sources during 123 calendar year 2013 by the owner of the motor vehicle shall not exceed twenty-two thousand dollars ($22,000). 124 2. The owner's net financial worth, including the present value of all equitable interests, as of December 125 31 of calendar year 2013, excluding the value of the principal residence and the land, not exceeding one (1) acre, upon 126 which it is situated, shall not exceed seventy thousand dotlars ($70,000). 127 3. All income and net worth limitations shall be computed by aggregating the income and assets, as the 128 case may be, of a husband and wife who reside in the same dwelling and shall be applied to any owner of the motor vehicle 129 who seeks the benefit of the preferential tax rate permitted under this ordinance, irrespective of how such motor vehicle 130 may be titled. 131 b. Any such motor vehicle owned by a husband and wife may qualify if either spouse is sixty-five or over or if 132 either spouse is permanently and totally disabled, and the conditions set forth in subsection (a) have been satisfied. 133 134 Sec. 12. Assessed Value Determination. 135 In accordance with Section 58.1-3103 of the Code of Virginia, personal property mentioned in the above sections 136 shall be assessed at actual fair market value, to be determined by the Commissioner of the Revenue for the City of Virginia 137 Beach. 138 139 Sec. 13. Severability. 140 If any portion of this ordinance is for any reason declared to be unconstitutional or invalid, such decision shall not 141 affect the validity of the remaining portions of this ordinance. 142 143 Sec. 14. Effective Date. 144 This ordinance shall be effective January 1, 2014. 145 146 Adopted by the Council of the City of Virginia Beach, Virginia, on this 14`h day of May, 2013. 147 148 Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED-?44-IQ LEGAL SUFFICIENCY: Management Services City 1 AN ORDINANCE TO AUTHORI2E THE CITY MANAGER TO SUBMIT AN 2 ANNUAL FUNDING PLAN TO THE U.S. DEPARTMENT OF HOUSING 3 AND URBAN DEVELOPMENT 4 WHEREAS, the United States Congress has established legislation designated as the Housing and Community 5 Development Act of 1974 that sets forth the development of viable urban communities as a national goal; 6 7 WHEREAS, there is federal assistance available for the support of Community Development and Housing activities 8 directed toward specific objectives, such as eliminating deteriorated conditions in low and moderate income 9 neighborhoods that are detrimental to the public health, safety, and welfare, as well as improving the City's housing stock 10 and community services, along with other related activities; and 11 12 WHEREAS, as a prerequisite to receiving the above-referenced federal assistance, the City of Virginia Beach has 13 developed an Annual Funding Plan for submission to the Department of Housing and Urban Development and has created 14 the necessary mechanisms for its implementation in compliance with federal and local directives. 15 16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL Of THE CITY OF VIRGINIA BEACH, VIRGINIA: 17 18 That the City Manager is hereby authorized and directed, as the executive and administrative head of the City, to 19 submit the City's FY 2013-14 Annual Funding Plan (the "Plan") and amendments thereto, along with understandings and 20 assurances contained therein and such additional information as may be required, to the Department of Housing and Urban 21 Development to permit the review, approval, and funding of the Plan. 22 23 Adopted by the Council of the City of Virginia Beach, Virginia, on this 14`h day of May, 2013. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Management Services rne ' ice 1 AN ORDINANCE TO APPROPRIATE $236,384 AND DECLARE 2 $7,350,000 OF FUNDING WITHIN THE SANDBRIDGE TAX INCREMENT 3 FINANCING DISTRICT AS SURPLUS FUNDS IN THE FY 2012-13 4 OPERATING BUDGET 5 WHEREAS, the Sandbridge Tax Increment Financing District (Sandbridge TIF) and the Sandbridge Special Service 6 District (Sandbridge SSD), were established to provide a funding source for beach and shoreline restoration and 7 management at Sandbridge; 8 9 WHEREAS, an analysis of the Sandbridge TIF and the Sandbridge SSD occurs annually to ensure that funding is 10 adequate for long-term beach and shoreline restoration and management along Sandbridge; 11 12 WHEREAS, current projections indicate that the Sandbridge TIF and Sandbridge SSD have sufficient funding to 13 meet long-term obligations for beach and shoreline restoration and management; 14 15 WHEREAS, projections also indicate that the funding available exceeds the long-term obligations of the project; 16 and 17 18 WHEREAS, $ 7,350,000 is available as an unencumbered appropriation in the FY 2013-14 Sandbridge TIF Reserve 19 for Future Commitments. 20 21 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 22 23 (1) That $ 7,350,000 of funding within the Sandbridge TIF is hereby declared to be in excess of the long-term 24 obligations for beach and shoreline restoration and management and is hereby declared surplus. 25 26 (2) That $236 384 is hereby apqropriated from the fund balance of the Sandbridse Tax Increment Financing 27 District and $ 7,350,000 is hereby transferred within the FY 2012-13 Operating Budget from the Sandbridge TIF to the 28 General Fund - Unappropriated Real Estate Tax Revenues. 29 30 BE IT FURTHER ORDAINED: That this ordinance shall be effective on June 30, 2013. 31 32 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 14`h day of May, 2013. 33 34 Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Management Services City Att i i Y 1 AN ORDINANCE TO INCREASE THE SOLID WASTE MANAGEMENT FEE Z TO BE CHARGED BY THE CITY OF VIRGINIA BEACH FOR THE SERVICES 3 OF SOLID WASTE COLLECTION, MANAGEMENT, AND DISPOSAL OF 4 SOLID WASTE AND OTHER REFUSE 5 WHEREAS, under Virginia Code § 15.2-928, the City Council of the City of Virginia Beach, Virginia, is authorized to 6 impose fees for providing the services to its residents of collection, management, and disposal of solid waste, recyclable 7 materials, and other refuse; and 8 9 WHEREAS, the City held public hearings on this fee to provide public comment; and 10 11 WHEREAS, the City Council desires to have a fiscally responsible solution to solid waste collection, management,, 12 and disposal. 13 14 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 15 16 A. That rates to be charged for access to the service of solid waste collection, management, and disposal of 17 solid waste materials, and other refuse shall be as follows: 18 19 1. A waste collection fee of 21.36 $18:90 per month shall be charged to each occupied dwelling unit eligible for, 20 and each participating church receiving, City trash collection services in accordance with City Code Chapter 31. 21 22 2. The foregoing fee shall become effective on July 1, 2013. 23 24 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 14`h day of May, 2013. 25 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: B Management Services , City A?or 59*1ce 1 AN ORDINANCE TO AMEND THE CITY CODE PERTAINING TO CIGARETTE TAX z BY INCREASING THE AMOUNT OF THE TAX 3 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 4 5 That Section 35-207 of the Code of the City of Virginia Beach is hereby amended and reordained to read as follows: 6 7 Sec. 35-207. Levied; Amount. 8 There is hereby levied and imposed by the City, upon each sale of cigarettes, a tax equivalent to thirtv five #h?fty 9 twe and fi4y 35.00 " mills per cigarette sold within the City, the amount of such tax to be paid by the seller, if not 10 previously paid, in the manner and at the time provided for in this article. The tax shall be reduced by two and one-half 11 (2.5) mills per cigarette on June 30, 2027. There shall be a penalty for late payment of the tax imposed herein in the 12 amount of ten (10) per centum per month, and interest in the amount of three-quarters of-one (0.75) per centum per 13 month, upon any tax found to be overdue and unpaid. 14 15 This ordinance shall be effective July 1, 2013. 16 17 Adopted by the City Counci) of the City of Virginia Beach, Virginia, on this 14`h day of May, 2013. 18 19 Requires an affirmative vote by a majority of the members of City Council. APPROVED AS TO CONTENT: Management Services APPROVED AS TO LEGAL SUFFICIENCY: / Ci mey's 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 AN ORDINANCE TO AMEND SECTION 2-246 AND 2-247 OF THE CITY CODE FOR DEPARTMENT NAME ALTERATION BE IT ORDAINED BY THE CITY COUNCIL Of THE CITY OF VIRGINIA BEACH THAT SECTION 2-246 AND 2-247 ARE AMENDED AND REORDAINED AS FOLLOWS: ARTICLE VII. - DEPARTMENT Of BUDGET AND MANAGEMENT SERVICES Sec. 2-246. Created; composition. There is hereby created a department to be designated the department of budget and management services, which shali consist of a director of the department, and such other employees as may be prescribed by the Charter, or by ordinance, or by the city manager or the director consistent therewith. Sec. 2-247. Functions. The department of budpet and management services shall be responsible for resource management, review and allocation, for budget and capital program policy development, and for the following general duties, including any other duties which may be required, assigned, or prescribed by the council or the city manager: (1) Plan, prepare, and develop the annual operating budget, including estimates of appropriations and revenues for support of the operating budget, consistent with the provisions of chapter 5 of the Charter, and carry out the same duties for all amendments thereto. (2) Plan, prepare, and develop the capital improvements program and capital budget in accordance with section 2-195 and carry out the same duties for all amendments thereto. (3) Be responsible for short-term and multi-year financial forecasts of both expenditures and revenues and annually prepare a five-year forecast of expenditures and revenues. (4) Be responsible for economic and fiscal impact analysis, policy and fiscal analysis, and program evaluation services regarding city programs, agencies, business processes and projects, and for provision of management assistance services to teams, agencies and programs to improve cost management, business processes and operations. (5) Coordinate or carry out city-wide surveys, strategic and fiscal planning, and provide staff support for special studies and projects. (6) Reserved. BE IT FURTHER ORDAINED: That this ordinance shall be effective on July 1, 2013. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 14thday of May, 2013. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Management Services Ci y s Office 1 A RESOLUTION TO DIRECT THE CITY MANAGER TO RECOUP CERTAIN Z EXPENSES RELATED TO SPECIAL EVENTS 3 WHEREAS, the City of Virginia Beach hosts hundreds of special events annually, which draw participants and 4 spectators who raise contributions to support nonprofit organization or contribute to the local economy and often provide 5 additional revenue to the City and the community; 6 7 WHEREAS, many special events held on public property require some form of city services, such as road closures, 8 traffic control, security, contingencies for emergency services, utility connections, and clean up resulting in additional costs, 9 which city operational departments are asked to absorb; 10 11 WHEREAS, the increase in special event permits and request for City services has placed a financial burden on 12 departmental budgets and less funding for other City functions and services; 13 14 WHEREAS, recouping a portion City expenses related to certain special events should reduce the economic burden 15 placed on City departments as a result of providing support services for special events; 16 17 WHEREAS, as currently written, Section 4-1 of the City Code provides the recoupment of expenses related to 18 special events is discretionary; 19 20 WHEREAS, to provide clarity and align the City's policies with that of other municipalities, the Council desires to 21 direct the City Manager to recoup certain expenses. 22 23 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CfTY OF VIRGINIA BEACH, VIRGINIA: 24 25 1. That, subject to the exceptions provided in Section 4-1 of the City Code, the City Manager or his designee is 26 hereby directed to implement the following procedure for recouping City expenses related to special events: 27 28 a. For all events, the applicant shall be provided a list of safety standards and service requirements needed to 29 obtain a special event permit. Any determination of the level of services required to support a particular 30 event shall be at the discretion of the City Manager or designee; 31 32 b. At the applicant's request, the City wilI provide an estimated cost for City personnel and equipment to 33 perform all safety standards and service requirements for the event. The applicant shall have the option of 34 hiring contractors to perform such support requirements in lieu of the City providing such services, provided 35 the applicant meets the required safety standards and levels of service; 36 37 c. If the applicant elects to use the City to perform the safety standards and support service requirements for the 38 special event permit a cash deposit of 50% of the estimated City costs or a bond for 50% of the estimated City 39 costs will be required. In the event that actual City costs were less than the amount of a cash deposit, the 40 applicant will be entitled to a refund. 41 42 d. For events hosted by City departments or on behalf of City departments by the department's contractor(s), no 43 recoupment is required; 44 45 e. Due to the personnel costs and duration, stationary event street closures shall be responsible for the 46 recoupment of all City expenses and shall not be eligible for the credit described in subsection f; 47 48 f. Because of special events held on public property are an amenity to the residents of the City and provide 49 publicity of the City's resources and advantages, special events will be entitled to a credit of up to $3,000 of 50 the actual cost to the City to provide safety standards and support service requirements. Should the City's 51 costs exceed $3,000, the applicant may request an additional credit of up to 50% of the City's support costs 52 based on City tax revenues generated by event participants attending from at least 50 miles away. The 53 amount of the 50% portion of the credit shall be based on the average overnight spending calculated by the 54 City's Convention and Visitors Bureau and any doubt with regard to such determination shall be resolved in 55 the favor of the City. 56 57 2. That the effective date of this resolution is January 1, 2014. 58 59 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 14`h day of May, 2013. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Management Services City A r s ce 1 AN ORDINANCE TO AMEND THE CITY CODE PERTAINING TO 2 THE LODGING TAX BY EXTENDING ITS SUNSET PROVISIONS 3 AND TO LOWER THE SANDBRIDGE SPECIAL SERVICE 4 DISTRICT LODGING TAX 5 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That section 35-159 of the Code of the City of Virginia Beach, Virginia is hereby amended and reordained to read as follows: Sec. 35-159. Levied; Amount. (a) There is hereby levied and imposed on each transient a tax equivalent to eight (8) percent of the total amount paid for lodging, by or for any such transient, to any lodging place, plus a flat tax of one dollar ($1.00) for each night of lodging at any lodging place other than a campground. The percentage-based portion of the tax rate shall be reduced by one-half (0.5) percent on July 1, 20182013 and further reduced by an additional two and one-half (2.5) percent on June 30, 2027. The flat tax shall remain in effect through June 30, 20182913. (b) There is hereby levied and imposed on each transient within the Sandbridge Special Service District (district) a tax, in addition to that levied in subsection (a) hereof, equivalent to one twe and one-half 1.5 {?5} percent of the total amount paid for lodging within the district, by or for any such transient to any lodging place, excluding hotels, motels and travel campgrounds. Adopted by the Council of the City of Virginia Beach, Virginia, on this 14`h day of May, 2013. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Management Services =--Gi?y? or fice 1 AN ORDINANCE TO AMEND SECTION 35-280 OF THE CITY CODE 2 FOR LICENSE REQUIREMENT FEES 3 4 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH THAT SECTION 2-246 AND 2-247 ARE AMENDED 5 AND REORDAINED AS FOLLOWS: 6 Sec. 35-280. - License requirement; imposition of fee. (a) There is hereby imposed a requirement for a local vehicle license, for the terms as established by this Article, on motor vehicles, trailers and semitrailers, regularly kept in the City and used upon public roadways of the City. The amount of the fee for this license shall be as set forth in the following subsections of this Section, and shall be due annually at the same time the state registration is obtained, unless specifically provided for otherwise. A valid vehicle registration, issued by the State Department of Motor Vehicles after April 21, 2003, shall, as necessary, document compliance with the local vehicle license requirements imposed by this ordinance and serve as a license. (b) The license fee on a motor vehicle, designed and used for the transportation of passengers, which is self- propelled or designed for self-propulsion, shall be, except as otherwise specifically provided in this Section, imposed in accordance with the following schedule: (1) Motor vehicles weighing four thousand (4,000) pounds or less, and pickup trucks with a gross weight of four thousand (4,000) pounds or less ..... c' 25.00 (2) Motor vehicles weighing more than four thousand (4,000) pounds, and pickup trucks with a gross weight from four thousand and one (4,001) pounds to seven thousand five hundrQd (7,500) pounds .....31.09 30.00 (3) Motorcycle .....24.88 23.00 (4) Antique motor vehicles licensed permanently pursuant to Code of Virginia, § 46.2-730 (motorcycles or cars) .....13.50 (5) Any motor vehicle, trailer or semitrailer upon which well-drilling machinery is attached and which is permanently used solely for transporting such machinery and any specialized mobile equipment as defined by Code of Virginia, § 46.2-700 .....15.00 (c) (1) Unless otherwise specified in this Article, the license fees for trailers and semitrailers not designed and used for the transportation of passengers on the highways in the commonwealth shall be as follows: Registered Gross Weight Annual Fee Permanent Fee 0-1,5001bs. $4-.W 7.50 $52.00 1,501-4,000 19:9018.00 52.00 4,001 Ibs and above 25.50 52.00 31 (2) The license fee for each trailer or semitrailer designed for use as living quarters for human beings 32 shall be twenty-five dollars ($26.00) ($25.00). 33 (3) The license fee for all trailers designed exclusively to transport boats or horses shall be seven 34 dollars and fifty cents ($7.50). (d) There is hereby imposed a license fee, to be paid by the owner, upon each motor vehicle not designed and used for the transportation of passengers, whether operated under lease or not. The amount of the license fee shall be determined by the gross weight of the vehicle or combination of vehicles of which it is a part, when loaded to the maximum capacity for which it is registered and licensed by the state, according to the following schedule: Pounds Fee 4,000 or less .....c ' 24.00 4,001-16,000 .....38.0 8 29.00 16,001-17,000 ..... 31 .8030.80 17,001-18,000 ....33 .1032.10 18,001-19,000 .....34 .4033.40 19,001-20,000 .....3:5 .79 34.70 20,001-21,000 .....37 .00 36.00 21,001-22,000 .....38 RA 3730 22,001-23,000 ..... 39 :-C8 38.60 23,001-24,000 ..... 48 -99 39.90 24,001-25,000 .....42 .20 41.20 25,001- 26,000 .....43 .59 42.50 26,001-27,000 ..... 44 .-89 43.80 27,001-28,000 .....46 .1045.10 28,001-29,000 .....47 .49 46.40 29,001-30,000 .....48 .7047.70 30,001-31,000 ..... 59 :A9 49.00 31,001-32,000 .....51 .38 50.30 32,001-33,000 .....:52 .60 51.60 33,001-34,000 .....53 .9052.90 34,001-35,000 ..... 5-S:2A 54.20 35,001-36,000 .....56 .59 55.50 36,001-37,000 .....5:7 .80 56.80 37,001-38,000 ..... §9 .18 58.10 38,001-39,000 ..... 68 :4A 59.40 39,001-40,000 .....GI .78 60.70 40,001-41,000 ..... b3 :99 62.00 41,001-42,000 .....b 4.39 6330 42,001-43,000 .....65 .6064.60 43,001-44,000 ..... bF r-98 65.90 44,001-45,000 .....68.2067.20 45,001-46,000 ..... b9 -5A 58.50 46,001-47,000 ..... 78 :88 69.80 47,001-48,000 .....72 .1071.10 48,001-49,000 .....73 :40 72.40 49,001-50,000 .....74 .79 73.70 50,001-51,000 .....76 .0075.00 51,001-52,000 .....7-:7 .-39 76.30 80 52,001-53,000 ..... 78.68 77.60 81 53,001-54,000 .....79.9078.90 82 54,001-55,000 .....83.20 80.20 83 55,001-56,000 .....82.58 81.50 84 56,001-56,800 ..... 83:SA 82.80 85 56,801 and over .....86.0085.00 86 (e) In the case of a combination of a truck or tractor truck and a trailer or semitrailer, each vehicle constituting a 87 part of such combination shall be registered as a separate vehicle, and a separate local vehicle license fee shall 88 be imposed thereon, but, for the purpose of determining the gross weight group into which any such vehicle 89 falls pursuant to subsection (d) of this Section, the combination of vehicles of which such vehicle constitutes a 90 part shall be considered a unit, and the aggregate gross weight of the entire combination shall determine such 91 gross weight group. In determining the fee to be paid for the local license for a truck or tractor truck 92 constituting a part of such combination, the fee shall be assessed on the total gross weight of the combination 93 when loaded to the maximum capacity for which it is registered and licensed. However, there shall be no 94 deduction from this fee for the local vehicle license fee of the trailer or semitrailer in the combination. 95 (?} , 2006, , , 96 2007, 97 98 . 99 City a, , 2007, , 2996. 100 101 BE IT FURTHER ORDAINED: That this ordinance shall be effective on July 1, 2013. 102 103 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 14`h day of May, 2013. APPROVED AS TO CONTENT: Management Services APPROVED AS TO LEGAL SUFFICIENCY: -=- City., AUe ' ice 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 A RESOLUTION PROVIDING CERTIFICATION TO THE VIRGINIA RETIREMENT SYSTEM REGARDING MEMBER CONTRIBUTIONS BY SALARY REDUCTION WHEREAS, the City of Virginia Beach (VRS #55234) (the "City") employees who are Virginia Retirement System members who commence or recommence e.mployment on or after July 1, 2012, shall be required to contribute five percent of their creditable compensation by salary reduction pursuant to Internal Revenue Code § 414(h) on a pre-tax basis upon commencing or recommencing employment; and WHEREAS, the City employees who are Virginia Retirement System members and in service on June 30, 2012, shall be required to contribute five percent of their creditable compensation by salary reduction pursuant to Internal Revenue Code § 414(h) on a pre-tax basis no later than July 1, 2016; and WHEREAS, such employees in service on lune 30, 2012, shall contribute a minimum of an additional one percent of their creditable compensation beginning on each July 1 of 2012, 2013, 2014, 2015, and 2016, or until the employees' contributions equal five percent of creditable compensation; and WHEREAS, the City may elect to require such employees in service on June 30, 2012, to contribute more than an additional one percent each year, in whole percentages, until the employees' contributions equal five percent of creditable compensation; and WHEREAS, the second enactment clause of Chapter 822 of the 2012 Acts of Assembly (56497) requires an increase in total creditable compensation, effective July 1, 2013, to each such employee in service on June 30, 2013, who was also in service with the City on June 30, 2012, to offset the cost of the member contributions, such increase in total creditable compensation to be equal to the percentage increase of the member contribution paid by such pursuant to this resolution (For example, if the member contribution paid by the employee increases from two to three percent pursuant to this resolution, the employee must receive a one percent increase in creditable compensation.). BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: The City of Virginia Beach (VRS #55234) does hereby certify to the Virginia Retirement System Board of Trustees that it shall effect the implementation of the member contribution requirements of Chapter 822 of the 2012 Acts of Assembly (SB497) according to the following schedule for the fiscal year beginning July 1, 2013: Plan 1 Percent Plan 2 Percent Employer Paid Member Contribution 3% Employer Paid Member Contribution 0% Employee Paid Member Contribution 2% Employee Paid Member Contribution 5% Total 5% Tota I 5% 35 36 37 38 39 40 41 42 43 44 45 46 47 48 BE IT FURTHER RESOLVED, that such contributions, although designated as member contributions, are to be made by the City in lieu of inember contributions; and BE IT FURTHER RESOLVED, that pick up member contributions shall be paid from the same source of funds as used in paying the wages to affected employees; and BE IT FURTHER RESOLVED, that member contributions made by the City under the pick up arrangement shall be treated for all purposes other than income taxation, including but not limited to VRS benefits, in the same manner and to the same extent as member contributions made prior to the pick up arrangement; and BE IT FURTHER RESOLVED, that nothing herein shall be construed so as to permit or extend an option to VRS members to receive pick up contributions made by the City directly instead of having them paid to VRS; and 49 BE IT FURTHER RESOLVED, that notwithstanding any contractual or other provisions, the wages of each 50 member of VRS who is an employee of the City shall be reduced by the amount of inember contributions picked up 51 by the City on behalf of such employee pursuant to the forgoing resolutions; and 52 53 BE IT FURTHER RESOLVED, that in accordance with the Appropriation Act, no salary increases that were 54 provided solely to offset the cost of required member contributions to the Virginia Retirement System under 55 §51.1-144 of the Code of Virginia will be used to certify that the salary increases required by the Appropriations 56 Act have been provided. 57 58 NOW, THEREFORE, the City Manager or designee is hereby authorized and directed in the name of the 59 City to carry out the provisions of this resolution, and said officers are authorized and directed to pay over to the 60 Treasurer of Virginia from time to time such sums as are due to be paid by the City for this purpose. 61 62 Adopted by the Council of the City of Virginia Beach, Virginia, on the 14`h day of May, 2013. APPROVED AS TO CONTENT: Management Services APPROVED AS TO LEGAL SUFFICIENCY: ? - --- o y's Office 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 AN ORDINANCE TO AMEND SECTION 2-72 OF THE CITY CODE PERTAINING TO THE PERSONNEL BOARD WHEREAS, the Operating Budget eliminates compensation for all City boards. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Sec. 2-72. - Personnel board-Established; composition; appointment, terms and compensation of members; etc. (c) A majority of the members of the personnel board shall constitute a quorum. Members of the board shall serve on a volunteer basis. " a`o^^ a .''^ '.'*"^'`,°'' `'., *"° '--• •-`•'• Feceave BE IT FURTHER ORDAINED: That this ordinance shall be effective on the day of adoption. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 14`h day of May, 2013. APPROVED AS TO CONTENT: , Z'? IVlanagemen Servic s APPROVED AS TO LEGAL SUFFICIENCY: . ? -----._.? City Attorney's Of#iee ? ., 1 2 3 4 5 6 7 8 9 AN ORDINANCE TO AMEND SECTION 2-452.1 OF THE CITY CODE PERTAINING TO THE CHESAPEAKE BAY AREA PRESERVATION BOARD WHEREAS, the Operating Budget eliminates compensation for all City boards. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Sec. 2-452.1. - Chesapeake Bay Preservation Area Board. 10 (a) 11 There is hereby created the Chesapeake Bay Preservation Area Board, which shall have such authority as 12 is conferred upon it by the provisions of the Chesapeake Bay Preservation Area Ordinance. Such board 13 shall consist of nine (9) members, who shall be appointed by the city council for terms of three (3) years; 14 provided, however, that original appointments shall be made as follows: Three (3) members shall be 15 appointed for a term of three (3) years, two (2) members for a term of two (2) years, and two (2) 16 members for a term of one (1) year. Members may serve for no more than three (3) consecutive three- 17 year terms in addition to an initial term, if such initial term is less than three (3) years, but a member 18 whose term expires shall continue to serve until his successor is appointed and qualifies. Appointments to 19 fill vacancies shall be for the unexpired portion of the term. Members of the board shall be apqointed on 20 a volunteer basis • 21 atteaded and shall be reimbursed for their necessary expenses in discharging their duties. 22 23 BE IT FURTHER ORDAINED: That this ordinance shall be effective on the day of adoption. 24 25 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 14`h day of May, 2013. 26 APPROVED AS TO CONTENT: /,;? ,.r "?.. IVlanagement ervic s APPROVE_D AS TO LEGAL SUFFICIENCY: ?. ..? ? / t .. _ City Attorno's-Office 1 AN ORDINANCE TO ADOPT THE FY 2014/FY 2019 CAPITAL 2 IMPROVEMENT PROGRAM AND TO APPROPRIATE $274,950,286 FOR 3 THE FY 2014 CAPITAL BUDGET SUBJECT TO FUNDS BEING PROVIDED 4 FROM VARIOUS SOURCES SET FORTH HEREIN 5 WHEREAS, the City Manager, on March 26, 2013, presented to City Council the Capital Improvement Program for 6 fiscal years 2014 through 2019; 7 8 WHEREAS, City Council held public hearings on the program to provide for public comment; 9 0 WHEREAS, based on public comment, City Council has determined the need for certain projects in the Capital 1 Improvement Program; and .2 .3 WHEREAS, it is necessary to appropriate funds for both existing projects and projects beginning in the 2014 fiscal .4 year, as set forth in said Capital Improvement Program. .5 .6 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: Section 1. That the Capital Improvement Program, as modified, for the construction of, or addition to, capital facilities identified for fiscal years 2014 through 2019 is hereby adopted, and the projects listed therein are hereby approved as capital projects. Section 2. That the projects shall be financed from funds to be appropriated periodically by City Council, and until funds are so provided, the projects are for planning purposes only and may be deleted, altered, or rescheduled in any manner at any time by City Council. Section 3. That funds in the amounts aggregating $274,950,286 for capital projects in the Capital Budget for the 2014 fiscal year, as set forth in said Capital Improvement Program, are hereby appropriated, by project and subject to the conditions set forth herein. The amount of funding for individual projects is set forth in "Attachment A- Capital Budget Appropriations," a copy of which is attached hereto. Section 4. That in accordance with Section 2-196 of the City Code, financing sources in support of the Capital Budget for the 2014 fiscal year as set forth in said Capital Improvement Program is attached to this ordinance as "Attachment B- Financing Sources." Section S. That capital project funds appropriated in prior fiscal years are to be adjusted in accordance with said Capital Improvement Program and reallocated as identified in "Attachment C- Transfers," a copy of which is attached hereto. Section 6. That reductions in financing sources in support of the Capital Budget for the 2014 fiscal year as set forth in said Capital Improvement Program are attached to this ordinance as "Attachment D- Reductions in Non-City Funding." Section 7. That additional appropriations, the addition of capital projects, and changes in project scope shall not be initiated except with the consent and approval of the City Council first being obtained. An appropriation for a project in the Capital Improvement Program shall continue in force, and, to the extent required by law, re-appropriated for use in FY 2013-14 until the purpose for which it was made has been accomplished or abandoned. Section 8. That all contracts awarded for approved and appropriated capital projects, exclusive of school projects, must be certified as to the availability of funds by the Director of Finance prior to the initiation of work on the contract. Section 9. That subject to any applicable restriction of law or of any bonds or bond issue, the City Manager or the Director of Management Services is authorized to approve transfers of appropriations in an amount up to $100,000 between capital projects as may best meet the needs of the City. The City Manager shall make a monthly report to the City 53 Council of all transfers between $25,000 and $100,000. The City Manager or the Director of Management Services is 54 hereby authorized to establish and administer the budgeting of capital projects consistent with best management practices, 55 reporting requirements and the Capital Improvement Program adopted by the City Council. 56 57 Section 10. That to ensure timely completion of water and sewer projects, appropriations for water and sewer » 58 companion projects may be transferred between these projects by the City Manager (or designee). "Companion projects 59 mean water and sewer projects having the same name or project scope and description with the exception of "water" or 60 "sewer" being in the title and/or project scope and description. 61 62 Section 11. That the City Manager or the Director of Management Services is hereby authorized to change, subject 63 to any applicable restriction of law or of any bonds or bond issue, the financing sources for the various capital projects 64 included in this or previous ordinances to reflect effective utilization of the financing sources and actual collections and/or 65 realized revenues. If the financing sources in support of capital projects decline, the City Manager or the Director of 66 Management Services is authorized to reduce, subject to any applicable restriction of law or of any bonds or bond issue, 67 those appropriations to equal the changed financing source. The City Manager must give prior notice to the City Council of 68 any reductions to total appropriations exceeding $100,000. The notice to City Council shall identify the basis and amount of 69 the appropriation reduction and the capital projects affected. The accounting records of the City will be maintained in a 70 manner where the total of financing sources is equal to the total appropriations for each of the City's capital projects funds. 71 72 Section 12. That the Capital Improvement Program debt management policies contained and included in the 73 Resource Management Plan document shall be the policy guidelines of the City, and the City Manager shall annually report 74 on the status of those guidelines and the projected impact of the proposed Capital Improvement Program on those 75 guidelines, such information to be included in the Resource Management Plan submittal. The City Manager may propose 76 modifications to those policies and guidelines through the Resource Management Plan. 77 78 Section 13. That subject to the appropriation of sufficient funds within a capital project, the acquisition of real 79 property necessary for the project is authorized by means of voluntary negotiation with willing sellers. 80 81 Section 14. That violation of this ordinance shall result in the City Manager taking disciplinary action against the 82 person or persons responsible for the capital project in which the violation occurred. 83 84 Section 15. That if any portion of this ordinance is for any reason declared to be unconstitutional or invalid, such 85 decision shall not affect the validity of the remaining portions of this ordinance. 86 87 Section 16. That this ordinance shall be in effect from the date of its adoption; however, appropriations for the FY 88 2014 Capital Budget shall be effective on July 1, 2013. 89 90 Adopted by the City Council of the City of Virginia Beach, Virginia on this 14`h day of May, 2013. 91 92 Requires an affirmative vote of the majority of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ? ? ? - --_ 2--- ManagementServices Citykt6rn By's 6 ice City of Virginia Beach, Virginia Attachment A- Capital Budget Appropriations Project Appropriations Number Projects FY 2013-14 Buildinas - CRO 3006000 Coastal Conservation Garden & Outdoor Adventure Park 543,736 3019000 Adam Thoroughgood House Visitor Center 244,826 3028000 Aquarium Marsh Pavilion Enhancements 1,158,955 3103000 Heritage Building - Maintenance Program 100,000 3146000 VA Aquarium Bldg Systems & Facility Infrastructure 1,200,000 3278000 Virginia Aquarium Renewal and Replacement 11 300,000 Total Buildings - CRO Projects 3,547,517 Buildinqs - FYO 3510000 Intermediate Care Facilities Renewal/Replacement 269,133 Total Buildings - FYO Projects 269,133 Buildinas - QPE 3136000 Various Buildings HVAC Rehabilitation & Renewal 111 975,336 3137000 Various Buildings Rehabilitation and Renewal III 1,684,733 3139000 Various Site Acquisitions II 1,838,997 3503000 Housing Resource Center 3,194,339 Total Buildings - QPE Projects 7,693,405 Buildinqs - SC 3133000 Fire Training Center Improvements III 400,000 3134000 Fire Apparatus III 2,314,986 3248000 Fire and Rescue Station - Blackwater 4,817,616 3506000 Fire Facility Rehabilitation and Renewal III 479,114 Total Buildings - SC Projects 8,011,716 Coastal 8003000 Landfill #2 Phase I Capping 11,848,122 8010000 Sandbridge Beach Restoration II 5,000,000 8405000 Sandbridge Beach Access Improvements II 300,000 8500000 Old Donation Creek Area Dredging 65,651 8501000 Bayville Creek Neighborhood Dredging 48,751 8502000 Shadowlawn Area Dredging 25,088 Total Coastal Projects 17,287,612 City of Virginia Beach, Virginia Attachment A- Capital Budget Appropriations Project Appropriations Number Projects FY 2013-14 Communications and IT - QO 3052000 CIT- IT Service Continuity 1,248,972 3068000 CIT - IT Nefinrork Infrastructure Replacement II 300,000 3119000 CIT - Cable Access Infrastructure Replacement I 322,000 3605000 CIT - Payment Card Industry Security Comp SAQ C 390,000 3608000 CIT - Disaster Recovery Data Center Power/Security 592,078 3646000 CIT - eGIS Base Map Updates 287,500 3652000 CIT - Telecommunications Replacement II 104,494 Total Communications and IT - QO Projects 3,245,044 Communications and IT - QPE 3632000 CIT - Planning Business System Integration Accela II 1,344,413 Total Communications and IT - QPE Projects 1,344,413 Communications and IT - SC 3095000 3142000 3606000 CIT-Police Integrated Public Safety Record Management System CIT-Communications Infrastructure Replacement II CIT-Fire Station Alerting 3,367,023 2,882,451 1,000,000 Total Communications and IT - SC Projects 7,249,474 Economic and Tourism Dev - EV 9001000 9006000 9007000 9060000 9081000 9082000 9083000 9095000 9096000 9108000 9141000 9500000 9505000 Sandbridge Market Restrooms 351,323 Winston-Salem Avenue Improvements 865,000 Resort Public Transit Relocation 250,000 Oceana & Interfacility Traffic Area Conformity & Acquisition 10,810,146 Strategic Growth Area Projects 1,725,000 Oceanfront Parking Facilities Capital Maintenance 800,000 Town Center Garage and Plaza Capital Maintenance 283,564 Arctic Avenue Parkirig Facility 9,749,750 Oceanfront Capital Projects Reinvestment 600,000 29th Street Improvements 3,200,000 Economic Development Investment Program (On-Going) 2,763,689 Virginia Beach Amphitheater Capital Maintenance 200,000 Cleveland Street - Phase I 660,000 Total Economic and Tourism Dev - EV Projects 32,258,472 City of Virginia Beach, Virginia Attachment A- Capital Budget Appropriations Appropriations Project FY 2013-14 Number Projects Parks and Recreation 4025000 Woodstock Cove Neighborhood Park Shoreline Re-Construction 742,623 4064000 City Bikeways & Trails Plan Implementation II 475,000 4080000 Sportsplex/Field Hockey National Trng Ctr Rep/Reno I 415,356 4300000 Community Recreation Centers Repairs & Renovations III 2,686,115 4301000 Parks & Special Use Facilities Development & Reno. III 1,151,727 4302000 Golf Courses Contractual Obligations - Maintenance I 120,000 4303000 Greenways, Scenic Waterways & Natural Areas III 150,000 4305000 Tennis Court Renovations III 200,000 4306000 Open Space Park Development and Maintenance II 1,500,000 4307000 Athletic Fields Lighting & Renovations III 200,000 4308000 Open Space Program Site Acquisition III 300,000 4309000 Mount Trashmore Signature Park Renovations II 250,000 4500000 Park Playground Renovations III 300,000 4502000 Lynnhaven Boat Ramp & Beach Facility Repairs/Reno I 50,000 4505000 Replacement of Bow Creek Recreation Center 1,000,000 4506000 Parks Infrastructure Renewal and Replacement 1,000,000 4517000 Stumpy Lake Golf Course Contractual Obligations I 27,000 Total Parks and Recreation Projects 10,567,821 City of Virginia Beach, Virginia Attachment A- Capital Budget Appropriations Project Appropriations Number Projects FY 2013-14 Roadwavs 2022000 Major Bridge Rehabilitation II 660,000 2024000 Rural Road Improvements II 200,000 2025000 Witchduck Road - Phase II 7,633,860 2026000 Street Reconstruction II 2,150,000 2027000 Various Cost Participation Projects II 25,000 2028000 Wetlands Mitigation Banking II 100,000 2030000 First Colonial Rd/Laskin Rd Intersection Improvements 1,000,000 2032000 Lynnhaven Pkwy/International Pkwy Intersection Improvements 2,800,153 2033000 Princess Anne Road Phase VII-A 300,000 2034000 South Independence Blvd/Silverleaf Dr Intersection Improvements 350,000 2038000 Rosemont Road - Phase V 400,000 2041000 Dam Neck Road - Phase I 700,000 2042000 Indian River Rd/Providence Rd Intersection Improv. 650,000 2045000 Pacific Avenue Improvements 5,000,000 2048000 Princess Anne Rd./Kempsville Rd. Inter. Impr. 999,985 2072000 First Colonial Rd/Va. Beach Blvd. Intersection Imp. 8,601,938 2117000 Shore Drive Corridor Improvements - Phase III 2,297,533 2152000 Elbow Road Extended - Phase II 3,637,897 2160000 Citywide Street Lighting Improvements II 60,000 2167000 Lynnhaven Parkway - Phase XI (VDOT) 1,398,602 2168000 Lesner Bridge Replacement 18,640,000 2176000 Transportation Network Modeling 600,000 2195000 Princess Anne Road - Phase VII 5,336,846 2300000 Traffic Safety Improvements III 2,281,817 2305000 Princess Anne Road - Phase IV (VDOT) 108,900 2401000 Greenwich Rd Crossover & Cleveland St Improvements 6,275,750 2409000 Centerville Turnpike - Phase II 1,499,747 2410000 Traffic Signal Rehabilitation II 100,000 2414000 Shipps Corner Road Improvements 1,150,000 2416000 Sandbridge Road Bridge Replacement 400,000 2418000 Indian River Rd/Kempsville Rd Intersection Improvements 6,381,149 Total Roadways Projects 81,739,177 City of Virginia Beach, Virginia Attachment A- Capital Budget Appropriations Project Number 1001000 1099000 1103000 1104000 1105000 1106000 1109000 1232000 1233000 Projects Appropriations FY 2013-14 Schools Renovations and Replacements - Energy Management Renovations and Replacements - Grounds - II Renovations and Replacements - HVAC Systems - II Renovations and Replacements - Reroofing - II Renovations and Replacements - Various - II Kellam High School Replacement Energy Performance Contracts (Schools) Tennis Court Renovations Consolidated Old Donation Ctr/Kemps Landing Magnet Sewer Utilitv 6019000 6041000 6057000 6061000 6070000 6075000 6090000 6091000 6093000 6405000 6501000 6550000 6551000 6552000 6555000 6556000 6559000 6564000 6565000 6566000 6804000 6953000 Resort Area Neighborhood Revitalization Pump Station Modifications V Holland Road - Phase VI Sewer Improvements (VDOT) Utilities Emergency Response Program II Infiltration, Inflow and Rehabilitation V Laskin Road Sewer Improvements - Phase I(VDOT) Clean Water Act Compliance Studies I Sewer Requests & Agreements VI (51 % Program) Consent Order Rehabilitation Plan Implementation I Customer Information System Version Migration Auxiliary Power Program-Sewer Pump Stations-Phase III Comprehensive Sewer Master Planning V System Expansion Cost Participation Agreements III Sanitary Sewer System Revitalization Program II Utility Crossings Condition Assessment Program II Various Roadway/Storm Water Coordination VI Sanitary Sewer Asset Management Program III Relocation of Sewer Cleanouts - North Landing Rd Computerized Mapping & Infrastructure Mgmt III Nimmo Parkway Sanitary Sewer Extension-Phase V(VDOT) Sanitary Sewer Regulatory Compliance Program I Sewer Tap Installation Program II 500,000 750,000 1,883,022 1,213,300 1,100,000 23,712,700 2,500,000 300,000 3,315,000 Total Schools Projects 35,274,022 Total Sewer Utility Projects 1,200,000 3,610,000 2,450,000 100,000 4,300,000 150,000 100,000 50,000 5,200,000 100,000 2,580,000 100,000 600,000 5,000,000 400,000 400,000 500,000 100,000 100,000 135,000 3,500,000 300,000 30,975,000 City of Virginia Beach, Virginia Attachment A- Capital Budget Appropriations Project Appropriations Number Projects FY 2013-14 Storm Water 7016000 South Lake Holly Watershed 500,000 7023000 Primary System Infrastructure Improvements tl 770,000 7026000 Residential Drainage Cost Participation Program II 50,000 7027000 SWM Master Planning, Analysis, and Inventory 225,000 7028000 Windsor Woods Drainage 1,000,000 7038000 Thoroughgood Drainage 200,000 7151000 Eastern Shore Drive Drainage 10,000,000 7153000 Lynnhaven Watershed Restoration 300,000 7159000 Water Quality Participation Projects 100,000 7406000 Elizabeth River TMDL Implementation Plan 200,000 7410000 Southern River TMDL Implementation Plan 200,000 7411000 Oceanfront Storm Water Facilities Maintenance 177,000 7412000 Storm Water Pump Station Modifications 442,500 7413000 Neighborhood SW Infrastructure Improvements II 125,000 7414000 Storm Water Quality Enhancements II 2,594,828 7415000 Lake Management II 4,353,280 7416000 SW Infrastructure Rehabilitation & Improvements II 5,224,872 Total Storm Water Projects 26,462,480 Water Utilitv 5024000 Holland Road - Phase VI Water Improvements (VDOT) 2,350,000 5027000 Lesner Bridge Water Line Replacement 250,000 5030000 Shore Drive Water Line Improvements - Phase III (VDOT) 335,000 5046000 Utilities Emergency Response Program II 100,000 5148000 Elbow Rd. Ext. Water Improvements - Phases I& II (VDOT) 50,000 5207000 Laskin Road Water Improvements - Phase I(VDOT) 150,000 5250000 Potable Wells Evaluation Program III 100,000 5251000 Various Roadway/Storm Water Coordination VI 300,000 5252000 Water Quality Program IV 100,000 5254000 Water Requests & Agreements (51% Program) VI 50,000 5260000 Utility Crossings Condition Assessment II 350,000 5405000 Customer Information System Version Migration 100,000 5407000 Computerized Mapping & Infrastructure Mgmt III 100,000 5452000 Comprehensive Water Master Planning VI 400,000 5501000 Water Transmission System Upgrade Pgm I 2,740,000 5708000 Resort Area Neighborhood Revitalization 500,000 5804000 Water Line Extension, Replacement & Rehab Pgm I 400,000 5805000 Water Utility Asset Management Program I 500,000 5953000 Water Tap Installation Program II 150,000 Total Water Utility Projects 9,025,000 City of Virginia Beach, Virginia Attachment A- Capital Budget Appropriations Project Number Projects Appropriations FY 2013-14 fotal Capital Budget 274,950,286 City of Virginia Beach, Virginia Attachment B - Financing Sources Capital Budget Financing Sources FY 2013-14 Federal Contribution 6,516,096 Franchise Fees 322,000 Fund Balance - General Fund 22,233,023 Fund Balance - Other 2,969,095 General Appropriations 28,837,089 General Obligation Bonds 73,791,959 Lease of Properties (BRAC) 110,146 Lease of Property 98,172 Lease-Purchase 2,989,807 Medicaid Cost Settlement 269,133 Other Localities 9,500,000 Parking Enterprise Fund 800,000 Private Contribution 746,560 Public Facility Bonds 36,186,279 Retained Earnings - Telecommunications 104,494 Retained Earnings - Water and Sewer Fund 5,000,000 State Contribution 23,013,953 Storm Water Utiliry Bonds 12,500,000 Storm Water Utility Fund 13,962,480 Water and Sewer Bonds 27,000,000 Water and Sewer Fund 8,000,000 Total Capital Budget 274,950,286 Attachment C - Transfers Appropriations Prior to Project # FY 2013-14 Cultural and Recreational Opportunities Parks and Recreation Proieds Tra nsfer To: 4064000 City Bikeways & Trails Plan Implementation - II $ 769,229 4301000 Parks & Special Use Facilities Development & Renovations - III 92,506 4303000 6reenways, Scenic Waterways, and Natural Areas - III 70,000 4306000 Open Space Park Development & Maintenance II 15,410 Total Transfer To: $ 947,145 Transfer From: 4018000 Greenways, Scenic Waterways, and Natural Areas - Phase II $ 15,410 4055000 Open Space Park Development & Maintenance Phase I 70,000 4074000 Bikeways & Trails Plan Implementation = Phase I 769,229 4304000 Recreation Office & Storage Facility at School Sites - Phase lll 92,506 Total Transfer From: $ 947,145 Buildings Transfer To: 3146000 VA Aquarium Bldg Systems & Facility Infrastructure $ 114,434 Total Transfer To: $ 114,434 Transfer From: 3041000 Aquarium Elevated Pedestrian Bridge $ 114,434 Total Transfer From: $ 114,434 ualitv Phvsical Environment Roadwavs Transfer To: 2-150 Salem Road/Princess Anne Road Intersection Improvements (Federal Revenue) $ 204,260 2-150 Salem Road/Princess Anne Road Intersection Improvements 65,811 2-157 Lynnhaven Parkway - Phase IX 273,000 2-161 Traffic Signal Retimining (Federal Revenue) 945,100 2-190 Congestion Relief (State Revenue) 700,000 2-256 Indian River Road - Phase VII (Federal Revenue) 3,610,000 2-305 Princess Anne - Phase IV (VDOT) 1,900,000 2-401 Greenwich Road Crossover and Cleveland Street Improvements 825,000 2-931 Witchduck Road - Phase I(Federa) Revenue) 9,147,228 2-931 Witchduck Road - Phase I 179,284 Total Transfer To: $ 17,849,683 Transfer From: 2-007 Shipps Corner Rd Bridge Replacement $ 151,998 2-021 Rura) Road Improvements 73,164 2-071 Baker Road Extended 50,000 2-083 Diamond Springs Road Bridge Replacement 176,964 Attachment C - Transfers Appropriations Prior to Project # FY 2013-14 2-137 I-264 - Great Neck Ramps 142,417 2-150 Salem Road/Princess Anne Road Intersection Improvements (State Revenue) 204,260 2-161 Traffic Signa) Retimining (State Revenue) 945,100 2-186 Norfolk Southern ROW 8,327 2-190 Congestion Relief (Federal Revenue) 700,000 2-208 Constitution Drive Extended 123,436 2-256 Indian River Road - Phase VII (State Revenue) 3,610,000 2-257 Lynnhaven Parkway/Volvo Parkway 61,510 2-268 Wetlands Mitigation Banking 50,000 2-285 TrafFic Safety Improvement 670,037 2-412 Cleveland Street/Ctearfield Avenue Improvements 825,000 2-502 West Neck Road 803,515 2-731 Shore Drive Interim Improvements 106,727 2-931 Witchduck Road - Phase I(State Revenue) 9,147,228 Total Transfer From: $ 17,849,683 Storm Water Transfer To: 7151000 Eastern Shore Drive Drainage $ 1,304,357 Total Transfer To: $ 1,304,357 Transfer From: 7010000 Elizabeth River Shores 7033000 Rosemont Forest Drainage 7145000 Arctic-Baltic Drainage 7902000 North Beach Drainage $ 200,000 900,000 104,357 100,000 Total Transfer From: $ 1,304,357 Coastal Transfer To: 8005000 Western Branch Lynnhaven Dredging 8502000 Shadowlawn Area Dredging Transfer From: 8008000 Beach Replenishment Water and Sewer Utilitv Proiects Transfer To: 6041000 Pump Station Modifications V 6550000 Comprehensive Sewer Master Planning V $ 1,250,000 59,616 Total Transfer To: $ 1,309,616 $ 1,309,616 Total Transfer From: $ 1,309,616 $ 3,565,220 300,000 Total Transfer To: $ 3,865,220 Attachment C - Transfers Appropriations Prior to Project # FY 2013-14 Transfer From: 5131000 Water Tank Upgrade Program - Phase II $ 7,649 5163000 Various Water Infrastructure Maintenance Support Program 55,948 5165000 Shore Drive Water Line Improvements 6,894 5202000 Laskin Road - Phase II & Gateway Water Improvements (VDOT) 248,577 5303000 Water Quality Program - Phase III 6,109 5402000 Flow Monitoring Program - Phase II 75,000 5802000 Utility Crossings Condition Assessment - Phase I 470 5806000 Backflow Prevention & Gross Connection Pgm II 1,200,000 5951000 Waier Tap Installation Program - Phase I 114,121 5967000 Water Resources Investigation & Planning I • 200,000 6033000 Infiltration, Inflow, & Rehabilitation - Phase III 1,446 6065000 Infiltration, Inflow, & Rehabilitation - Phase IV 100,196 6066000 Pump Station Modifications - Phase IV 125,349 6067000 Various Roadway/Storm Water Coordination - Phase IV 5,750 6089000 Comprehensive Sewer Master Planning - Phase IV 300,000 6401000 6505000 6506000 6567000 6603000 6612000 6613000 6938000 6951000 Various Business Areas Transfer To: 3368000 Various Site Acquisitions 9060000 Oceana & Interfacility Traffic Area Conformity & Acquisition Transfer From: 3137000 Various Buildings Rehabilitation and Renewal - Phase III 3139000 Various Site Acquisitions II 3262000 TCC Expansion/Operation Smile Headquarters 9060000 Oceana & InterFacility Traffic Area Conformity & Acquisition Records Management Improvements Princess Anne Plaza Rehabilitation - Phase II Sanitary Sewer System Revitalization Program - Phase I Sewer Pump Station Backflow Prevention Modifications Witchduck Road - Phase I Sewer Improvements Pump Station Wet Well Revitalization - Phase I Auxiliary Power Program - Sewer Pump Stations - Phase II Princess Anne Plaza Rehabilitation Sewer Tap Installation Program - Phase I 84,552 85,723 33,405 400,000 97,044 71,183 37,970 31,048 576,786 Total Transfer From: $ 3,865,220 $ 121,648 1,824,348 Total Transfer To: $ 1,945,996 $ 550,820 473,528 800,000 121,648 Total Transfer From: $ 1,945,996 Attachment D- Reductions in Non-City Funding Amount of Reduction in Appropriations Prior to Funding Project # FY 2013-14 Source Qualitv Physical Environment Coastal 8003000 Landfill # 2 Phase I Capping $ 2,973,780 Southeastern Public Service Authority 8933000 Landfill # 2 Expansion 399,471 Southeastern Public Service Authority Total Reduction: $ 3,373,251 Roadways 2-048 Princess Anne Rd./Kempsville Rd. Inter. $ 999,985 State Revenue Impr. 2-150 Salem Road/Princess Anne Road 423,675 State Revenue Intersection Improvements 2-190 Congestion Relief 2,924,151 Federal Revenue Total Reduction: $ 4,347,811 1 AN ORDINANCE AUTHORIZING THE ISSUANCE OF GENERAL 2 OBLIGATION PUBLIC IMPROVEMENT BONDS OF THE CITY OF 3 VIRGINIA BEACH, VIRGINIA, IN THE MAXIMUM AMOUNT OF 4 $68,120,000 FOR VARIOUS PUBLIC FACILITIES AND GENERAL 5 IMPROVEMENTS - 6 WHEREAS, the City of Virginia Beach, Virginia (the "City"), desires to authorize the issuance of.general 7 obligation public improvement bonds for various purposes in the maximum amount of $68,120,000, as permitted by the City 8 Charter, without submitting the question of their issuance to the qualified voters. 9 10 WHEREAS, City Council held public hearings on the program to provide for public comment; 11 12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 13 14 1. That it is hereby determined to be necessary and expedient for the City to construct and improve various 15 public facilities and make general improvements, all of which will promote the public welfare of the City and its inhabitants 16 and will facilitate the orderly growth, development, and gerieral welfare of the City, and to finance the costs thereof through 17 the borrowing of up to $68,120,000 and issuing the City's general obligation bonds therefor. 18 19 2. That, pursuant to the City Charter and the Public Finance Act of 1991, there are hereby authorized to be 20 issued general obligation public improvernent bonds of the City in the maximum amount of $68,120,000, to provide funds, 21 together with other funds that may be available, for various public improvement projects, including School, Roadway, Coastal, 22 Economic and Tourism, and Building projects, for project activities that include, but are not limited to, the following: 23 preliminary studies and surveys, permit compliance, environmental assessment, planning, design, engineering, site 24 acquisition, relocation of residents, utility relocation, construction, renovation, expansion, repair, demolition, site 25 improvement, site work, legal services, inspection and support services, furniture and equipment, and contingencies. 26 27 3. That the bonds may be issued as a separate issue at one time or in part from time to time or combined 28 with bonds authorized for other purposes and sold as part of one or more combined issues of public improvement bonds. 29 30 4. That the bonds shall bear such date or dates, mature at such time or times not exceeding 40 years from 31 their dates, bear interest, be in such denominations and form, be executed in such manner and be sold at such time or times 32 and in such manner as the Council may hereafter provide by appropriate resolution or resolutions. 33 , 34 5. That the bonds shall be general obligations of the City for the payment of the principal, premium, if any, 35 and interest on which its full faith and credit shall be irrevocably pledged. 36 37 6. That the City Clerk is directed to make a copy of this ordinance continuously available for inspection by 38 the general public during normal business hours at the City Clerk's office from the date of adoption hereof through the date 39 of the issuance of the Bonds. 40 41 7. That the City Clerk, in collaboration with the City Attorney, is authorized and directed to immediately file 42 a certified copy of this ordinance with the Clerk of the Circuit Court of the City of Virginia Beach. 43 44 8. That this ordinance shall be in full force and effective from its passage. 45 46 Adopted by the Council of the City of Virginia Beach, Virginia on this 14`h day of May, 2013. 47 48 Adoption requires the affirmative vote of two-thirds of all members of the City Council. APPROVED AS TO CONTENT: Management Services APPROVED AS TO LEGAL SUFFICIENCY: l ? City tt y s i 1 AN ORDINANCE AUTHORIZING THE ISSUANCE OF WATER AND SEWER 2 SYSTEM REVENUE BONDS OF THE CITY OF VIRGINIA BEACH, VIRGINIA, IN 3 THE MAXIMUM AMOUNT OF $27,000,000 4 WHEREAS, the City of Virginia Beach, Virginia (the "City"), desires to authorize the issuance of water and sewer 5 system revenue bonds in the maximum amount of $27,000,000 for financing improvements and expansions to the City's 6 water and sewer system (the "System"), as permitted by the City Charter without submitting the question of their issuance 7 to the qualified voters. 8 9 WHEREAS, City Council held public hearings on the program to provide for public comment; 10 11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 12 13 1. That it is hereby determined to be necessary and expedient for the City to continue its program of improving 14 and extending the System, which will promote the public welfare of the City and its inhabitants and will facilitate the 15 orderly growth, development, and general welfare of the City, and to finance the costs thereof through the borrowing of 16 $27,000,000 and issuing the City's revenue bonds therefore. 17 18 2. That pursuant to the City Charter and the Public Finance Act of 1991, there are hereby authorized to be issued 19 water and sewer system revenue bonds of the City in the maximum amount of $27,000,000 to provide funds, together with 20 other available funds, for financing the costs of improvements and expansions to the System. 21 22 3. That the bonds shall bear such date or dates, mature at such time or times not exceeding 40 years from their 23 dates, bear interest, be in such denominations and form, be executed in such manner and be sold at such time or times and 24 in such manner as the Council may hereafter provide by appropriate resolution or resolutions. 25 26 4. That the System is an undertaking from which the City may derive a revenue. The bonds shall be limited 27 obligations of the City, payable as to principal, premium, if any, and interest solely from the revenues derived by the City 28 from the System, and shall not be included within the otherwise authorized indebtedness of the City. The bonds shall not 29 be deemed to create or constitute an indebtedness of, or a pledge of the faith and credit of, the Commonwealth of Virginia 30 or of any country, city, town, or other political subdivision of the Commonwealth, including the City. The issuance of the 31 bonds and the undertaking of the covenants, conditions, and agreements to be contained in resolutions to be adopted or 32 agreements to be entered into hereafter shall not directly, indirectly, or contingently obligate the Commonwealth, the City, 33 or any other political subdivision of the Commonwealth to levy and collect any taxes whatsoever or make any appropriation 34 therefore, except from the revenues pledged to the payment of the principal of and premium, if any, and interest on the 35 bonds. 36 37 5. That such resolutions to be adopted and agreements to be entered into hereafter authorizing the issuance of 38 the bonds and providing the details thereof shall contain appropriate covenants requiring the City to fix, charge, and collect 39 such rates, fees, and other charges for the use of and the services furnished by the System and to revise the same from 40 time to time and as often as shall be necessary so as to produce sufficient net revenues to pay principal of and premium, if 41 any, and interest on the bonds as the same become due and to provide a margin of safety therefor. Such resolutions and 42 agreements shall also include such additional covenants, agreements, and other terms as are customary for the protection 43 of the holders of water and sewer revenue obligations. 44 45 6. That the City Clerk is directed to make a copy of this ordinance continuously available for inspection by the 46 general public during normal business hours at the City Clerk's office from the date of adoption hereof through the date of 47 the issuance of the bonds. 48 49 7. That the City Clerk, in collaboration with the City Attorney, is authorized and directed to immediately file a 50 certified copy of this ordinance with the Circuit Court of the City of Virginia Beach. 51 52 8. That this ordinance shall be in full force and effect from its passage. 53 54 55 56 Adopted by the Council of the City of Virginia Beach, Virginia on this 14th day of May, 2013. Adoption requires the affirmative vote of a majority of all members of the City Council. APPROVED AS TO CONTENT: ,9 ` o, ? Qur?A Management Services APPROVED AS TO LEGAL SUFFICIENCY: ----?. 11,17 , City At ey' e 1 AN ORDINANCE AUTHORIZING THE ISSUANCE OF STORM WATER 2 UTILITY SYSTEM REVENUE BONDS OF TFIE CITY OF VIRGINIA BEACH, 3 VIRGINiA, IN THE MAXIMUM AMOUNT Of $12,500,000 4 WHEREAS, the City of Virginia Beach, Virginia (the "City"), desires to authorize the issuance of storm water 5 utility system revenue bonds in the maximum amount of $12,500,000 forfinancing improvements and expansions to the City's 6 storm water utility system (the "System"), as permitted by the City Charter without submitting the question of their issuance to 7 the qualified voters. 8 9 WHEREAS, City Council held public hearings on the program to provide for public comment; 10 11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 12 1. That it is hereby determined to be necessary and expedient for the City to continue its program of 13 improving and extending the System, which will promote the public welfare of the City and its inhabitants and will facilitate the 14 orderly growth, development, and general welfare of the City, and to finance the costs thereof through the borrowing of 15 $12,500,000 and issuing the City's revenue bonds therefore. 16 17 2. That, pursuant to the City Charter and the Public Finance Act of 1991, there are hereby authorized to be 18 issued storm water utility system revenue bonds of the City in the maximum amount of $12,500,000 to provide funds, together 19 with other available funds, for financing the costs of improvements and expansions to the System. 20 21 3. That the bonds shall bear such date or dates, mature at such time or times not exceeding 40 years from 22 their dates, bear interest, be in such denominations and form, be executed in such manner and be sold at such time or times 23 and in such manner as the Council may hereafter provide by appropriate resolution or resolutions. 24 25 4. That the System is an undertaking from which the City may derive a revenue. The bonds shall be limited 26 obligations of the City, payable as to principal, premium, if any, and interest solely from the revenues derived by the City from 27 the System, and shall not be included within the otherwise authorized indebtedness of the City. The bonds shall not be deemed 28 to create or constitute an indebtedness of, or a pledge of the faith and credit of, the Commonwealth of Virginia or of any county, 29 city, town, or other political subdivision of the Commonwealth, including the City. The issuance of the bonds and the 30 undertaking of the covenants, conditions, and agreements to be contained in resolutions to be adopted or agreements to be 31 entered into hereafter shall not directly, indirectly, or contingently obligate the Commonwealth, the City, or any other political 32 subdivision of the Commonwealth to levy and collect any taxes whatsoever or make any appropriation therefore except from 33 the revenues pledged to the payment of the principal of and premium, if any, and interest on the bonds. 34 35 5. That such resolutions to be adopted and agreements to be entered into hereafter authorizing the issuance 36 of the bonds and providing the details thereof shall contain appropriate covenants requiring the City to fix, charge, and collect 37 such rates, fees, and other charges for the use of and the services furnished by the System and to revise the same from time to 38 time and as often as shall be necessary so as to produce sufficient net revenues to pay principal of and premium, if any, and 39 interest on the bonds as the same become due and to provide a margin of safety therefor. Such resolutions and agreements 40 shall also include such additional covenants, agreements, and other terms as are customary forthe protection ofthe holders of 41 storm water revenue obligations. 42 43 6. That the City Clerk is directed to make a copy of this ordinance continuously available for inspedion by the 44 general public during normal business hours at the City Clerk's office from the date of adoption hereof through the date ofthe 45 issuance of the bonds. 46 47 7. That the City Clerk, in collaboration with the City Attorney, is authorized and directed to immediately file a 48 certified copy of this ordinance with the Clerk of the Circuit Court of the City of Virginia Beach. 49 50 8. That this ordinance shall be in full force and effect from its passage. 51 52 Adopted by the Council of the City of Virginia Beach, Virginia on this 14`h day of May, 2013. 53 Adoption requires the affirmative vote of a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Management Services 1 AN ORDINANCE TO AMEND SECTION 106 2 OF THE CITY ZONING ORDINANCE 3 PERTAINING TO THE FEE FOR AN APPEAL 4 TO THE BOARD OF ZONING APPEALS 5 6 Section Amended: City Zoning Ordinance §106 7 8 WHEREAS, the public necessity, convenience, general welfare, and good zoning 9 practice so require; 10 11 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 12 BEACH, VIRGINIA: 13 14 That Section 106 of the City Zoning Ordinance, is hereby amended and 15 reordained, to read as follows: 16 17 ARTICLE 1. GENERAL PROVISIONS 18 19 .... 20 21 Sec. 106. Appeals and variances. 22 23 (a) The board of zoning appeals shall hear and decide appeals from any 24 order, requirement, decision, or determination made by an administrative officer in the 25 administration or enforcement of this ordinance. An appeal shall be filed with the zoning 26 administrator, and include the grounds of appeal, within thirty (30) days of the date of 27 the decision appealed, unless the notice of violation involves temporary or seasonal 28 commercial uses, parking of commercial trucks in residential zoning districts, or similar 29 short-term recurring violations, in which case the appeal period is ten (10) days from the 30 date of the notice of violation. All decisions not timely appealed shall be final and 31 unappealable. In addition thereto, the board shall have such other powers and duties as 32 are set forth in Code of Virginia, § 15.2-2309; provided, however, that the board shall 33 have no authority to hear and decide applications for conditional use permits, and 34 provided further, that written notice as prescribed in Code of Virginia, § 15.2-2204 shall 35 be given at least fifteen (15) days prior to the hearing before the board. The cost of the 36 public notices required by Section 15.2-2204 of the Code of Virqinia shall be charqed to 37 the applicant. 38 39 .... 40 41 (c) Every application concerning a single-family residence, semi-detached 42 residence or duplex to the board of zoning appeals shall be accompanied by a fee of 43 two hundred and fifty dollars ($299250.00), and all other applications shall be 44 accompanied by a fee of three hundred and fifty dollars ($3A9350.00). ;`"'hiGh shall ho 45 46 appIiGatieR: Each lot upon which a variance is requested shall be the subject of a 47 separate application and a separate fee; provided, however, that variances from the 48 setback and landscaping provisions of section 201(e)(1), pertaining to fences and walls, 49 may be the subject of a single application and fee where the following conditions are 50 met 51 52 .... 53 54 COMMENT 55 56 This ordinance changes the fee for an appeal to the Board of Zoning Appeals from $200 to 57 $250 for a single-family residence, semi-detached residence or duplex. For all other applications, 58 the fee will be increased from $300 to $350. This ordinance also charges the cost of public notices, 59 signs and notification to adjacent property owners to the applicant. 60 61 The effective date of this ordinance shall be July 1, 2013. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2013. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ? r Plannin D artment City Attorney's Office CA12607 R-4 April 29, 2013 2 BOARD OF ZONING APPEALS FEE / RESIDENTIAL USES (Average costs per application) ACTION HOURS RATE (per hour) TOTAL COST Administrative Support 0.35 $ 25.00 $ 8.75 Professional Staff 2.50 35.00 87.50 3.00 20.00 60.00 2.40 25.00 60.00 1.00 50.00 50.00 COST OF REVIEW $ 266.25 PROPOSED FEE ° $ 250.00 Cost of legal ad, sign, and postage for mailing of adjacent property owners billed separately (approximately $85 per application). 1 intake of application; routing of application; preparation of legal advertisements and submission to newspaper; preparation and issuance of public notice signage; identification of adjacent property owners to be notified of application, preparation of notice, and mailing of notice; support and recordkeeping; entry into database of final action; placing final processed file into two-year local storage; and processing file for long-term storage after two years. Z review of applications submitted; visit to location of subject site to document existing conditions and surrounding area; participation with complete team in review of all applications submitted; correspondence and meetings with applicant; correspondence and meetings with citizens and others interested in the request; meetings with other agencies to resolve issues identified during their review of request; preparation of report summarizing evaluation of request and providing a recommendation to the Board; and finalizing file after action taken. 3total cost does not include costs incurred by other City departments in their review of each application proposal routed to them. 4 cost of legal ad, sign, and mailing of adjacent property owners billed separately (approximately $85 per application). BOARD OF ZONING APPEALS FEE / NON-RESIDENTIAL USES (Average costs per application) ACTION HOURS RATE (per hour) TOTAL COST Administrative Support 0.35 $ 25.00 $ 8.75 Professional Staff 3.50 35.00 122.50 4.00 20.00 80.00 3.00 25.00 75.00 2.00 50.00 100.00 COST OF REVIEW $ 386.25 PROPOSED FEE ° $ 350.00 (non-res.) Cost of legal ad, sign, and postage for mailing of adjacent property owners billed separately (approximately $85 per application). 1 intake of application; routing of application; preparation of legal advertisements and submission to newspaper; preparation and issuance of public notice signage; identification of adjacent property owners to be notified of application, preparation of notice, and mailing of notice; support and recordkeeping; entry into database of final action; placing final processed file into two-year local storage; and processing file for long-term storage after two years. Z review of applications submitted; visit to location of subject site to document existing conditions and surrounding area; participation with complete team in review of all applications submitted; correspondence and meetings with applicant; correspondence and meetings with citizens and others interested in the request; meetings with other agencies to resolve issues identified during their review of request; preparation of report summarizing evaluation of request and providing a recommendation to the Board; and finalizing file after action taken. 3 total cost does not include costs incurred by other City departments in their review of each application proposal routed to them. 4 cost of legal ad, sign, and mailing of adjacent property owners billed separately (approximately $85 per application). 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 AN ORDINANCE TO AMEND SECTIONS 107 AND 108 OF THE CITY ZONING ORDINANCE, PERTAINING TO APPLICATION FEES FOR A PETITION TO AMEND, SUPPLEMENT OR CHANGE THE DISTRICT BOUNDARIES OR CLASSIFICATION OF PROPERTY AND THE FEE FOR PUBLIC NOTICE SIGNS Sections Amended: City Zoning Ordinance Sections 107 and 108 WHEREAS, the public necessity, convenience, general welfare, and good zoning practice so require; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Sections 107 and 108 of the City Zoning Ordinance are hereby amended and reordained, to read as follows: ARTICLE 1. GENERAL PROVISIONS Sec. 107. Amendments. (c) Planning commission action; notice of public hearing. Before making any recommendation on a proposed amendment, the planning commission shall give notice of a public hearing thereon, as set forth in Section 15.2-2204 of the Code of Virginia, as amended, or any successor statute; provided, however, that written notice as prescribed therein shall be given at least fifteen (15) days prior to the hearing and in the case of a condominium or a cooperative, the written notice may be mailed to the unit owners' association or proprietary lessees' association, respectively, in lieu of each individual owner. In the case of a proposed change of zoning district classification, the public notice shall state the general usage and density range of the proposed zoning district classification and the general usage and density range, if any, set forth in the applicable part of the comprehensive plan; provided, however, that where a conditional change of zoning is sought, the public notice shall state the proposed uses and density sought in 40 the petition. The cost of the public notices required bv Section 15.2-2204 of the Code of 41 Virqinia shall be charqed to the applicant. 42 43 .... 44 (g) Fee. A petition to amend, supplement or change the district boundaries or 45 classification of property shall be accompanied by a fee in the amount of nine hundred 46 dollars ($900.00), . 47 ; provided that where such a petition is submitted as a 48 conditional zoninq the fee shall be in the amount of one thousand finro hundred dollars 49 ($1,200.00). A petition of any property owner for a reconsideration of proffered 50 conditions shall be accompanied by a fee in the amount of #we five hundred dollars 51 ($298500.00). 52 53 .... 54 55 Sec. 108. - Posting of signs relating to applications for rezoning, etc. 56 57 (a) In any case in which a property owner or other authorized person petitions the 58 city council for the approval of any application seeking a rezoning, conditional use 59 permit, approval of a PD-H1 or PD-1-12 land use plan, special exception, resolution 60 pertaining to a nonconforming use or structure, subdivision or floodplain variance or 61 reconsideration of conditions, the applicant shall erect, on the property which is the 62 subject of the application or within the unimproved portion of the abutting public street, a 63 sign of a size, type and lettering approved by the planning director. All such signs shall 64 be posted and maintained in such manner as to be unobscured by vegetation or other 65 obstructions. One such sign shall be posted within ten (10) feet of the paved portion or, 66 if present, the sidewalk of every public street adjoining the property or in such alternate 67 location or locations as may be prescribed by the planning director. The cost of such 68 siqns shall be charqed to the applicant. Such sign shall be erected not less than thirty 69 (30) days before the planning commission hearing, or if none, the city council hearing, 70 and shall state the nature of the application and date and time of the hearing. Such 71 signs may not be removed until the city council has acted upon the application, and 72 shall be removed no later than five (5) days thereafter. In any case in which the 73 planning commission or city council determines that the requirements of this section 74 have not been met, the application shall be deferred; provided, however, that the city 75 council may, for any other appropriate reason, deny such application. 76 77 .... 78 79 2 gp COMMENT 81 82 The amendments keep the fee for straight rezoning at $900 and delete the portion that 83 requires additional costs per acre and raise the fee to $1200 for conditional rezoning. A 84 modification of a rezoning requires a fee of $500. Applicants will also be charged the cost of any 85 signs that must be posted and the cost of notices required by the Virginia Code, including media 86 advertising and adjacent property owner notification. 87 88 The effective date of this ordinance shall be July 1, 2013. 89 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 12013. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: partment Planni g 4 ? ? ? City Attorney's Office CA12601 R-4 April 29, 2013 3 RF70NING APPLICATION FEE -- NO PROFFERS (Average costs per application) ACTION HOURS RATE (per hour) TOTAL COST Administrative Support 8.0 $ 20.00 $ 160.00 Professional Planning Staff 30.0 35.00 1,050.00 Planning Evaluation Coordinator 5.5 40.00 220.00 Current Planning Coordinator 4 1.5 50.00 125.00 Director of Planning 1.0 60.00 60.00 COST OF REVIEW $ 1,615.00 PROPOSED FEE' $ 900.00 Cost of legal ad, sign, and postage for mailing of adjacent property owners billed separately (approximately $170 per application). 1 intake of application (processing of fee; database entry and GIS map entry; digitization of submitted documents; location map preparation); routing of application to City agencies [and private utilities as necessary]; preparation of legal advertisements and submission to newspaper; posting of agenda and reports to City Website and maintenance of same; preparation and issuance of public notice signage; identification of adjacent property owners to be notified of application, preparation of notice, and mailing of notice; support and recordkeeping before and during Planning Commission Hearing; preparation of Hearing Minutes; preparation of legal advertisements for City Council meetings and submission to City Clerk; preparation of Approval of Denial Letter after City Council and mailing of same after review by Planning Evaluation Coordinator; entry into database of final action and change to zoning map for new category; placing final processed file into two-year local storage; and processing file for long-term storage after two years. Z review of applications submitted at each deadline and meeting with Planning Evaluation Coordinator for assignment of applications; complete review of application and requested use, including initial review of submission to determine completeness, review of submitted plans and submitted documents to determine consistency with Zoning Ordinance and Comprehensive Plan [Comprehensive Plan review entails work of professional planners in Comprehensive Planning Division]; visit to location of subject site to document existing conditions and surrounding area; participation with complete Planning Department team in review of all applications submitted; correspondence and meetings with applicant; correspondence and meetings with citizens and others interested in the request; meetings with other City agencies to resolve issues identified during their review of request; preparation of report summarizing evaluation of request and providing a recommendation to the Planning Commission; presentation to the Planning Commission of same; and finalizing file after action taken. 3 review of applications submitted at each deadline and meeting with professional planners to assign applications; visit to locations of subject sites of submitted applications to document existing conditions and surrounding area; preparation of preliminary monthly agenda; participation with complete Planning Department team in review of all applications submitted; assistance to professional planners as requested and needed (including meetings with applicant); review of staff reports prepared by professional planners; preparation of package of reports for review by Planning Director; discussion with Planning Director and Current Planning Coordinator of any issues noted by review of reports; discussion with professional planners of same issues including involvement of Planning Director and Current Planning Coordinator as necessary; finalization of reports based on comments from Director; conduct tour for Planning Commission members to visit locations for requests to be heard by Commission at their next meeting; coordinate Planning Commission Hearing activities; after Hearing, determine dates for City Council meeting at which item will be acted on and distribute complete list of dates for each item; prepare City Council Agenda Request Form for items and finalize for City Council meeting; attend City Council Hearing with Planning Director and Current Planning Coordinator to respond to questions from City Council; post-Council, proof and sign-off on Approval/Denial Letters and finalize file with approved documents for eventual filing; proof and approve change to Official Zoning Map. ° participation with complete Planning Department team in review of all applications submitted; assistance to professional planners as requested; review of staff reports prepared by professional planners; discussion with Planning Director and Planning Evaluation Coordinator of any issues noted by review of reports; attend City Council Hearing with Planning Director and Planning Evaluation Coordinator to respond to questions from City Council. 5 participation with complete Planning Department team in review of all applications submitted; assistance to professional planners as requested; review of staff reports prepared by professional planners; discussion with Current Planning Coordinator and Planning Evaluation Coordinator of any issues noted by review of reports; attend City Council Hearing with Current Planning Coordinator and Planning Evaluation Coordinator to respond to questions from City Council. 6 total cost does not include costs incurred by other City departments in their review of each application proposal routed to them. 7 cost of legal ad, sign, and mailing of adjacent property owners billed separately (approximately $170 per application). REZONING APPLICATION FEE -- WITH PROFFERS (Average costs per application) ACTION HOURS RATE (per hour) TOTAL COST Administrative Support 9.0 $ 20.00 $ 180.00 Professional Planning Staff 35.0 35.00 1,225.00 Planning Evaluation Coordinator 6.0 40.00 240.00 Current Planning Coordinator' 1.5 50.00 125.00 Director of Planning 1.0 60.00 60.00 COST OF REVIEW $ 1,830.00 Fee for Modification of Proffers =$ 500.00 PROPOSED FEE' $ 1,200.00 Cost of legal ad, sign, and postage for mailing of adjacent property owners billed separately (approximately $170 per application). ' intake of application (processing of fee; database entry and GIS map entry; digitization of submitted documents; location map preparation); routing of application to City agencies [and private utilities as necessary]; preparation of legal advertisements and submission to newspaper; posting of agenda and reports to City Website and maintenance of same; preparation and issuance of public notice signage; identification of adjacent property owners to be notified of application, preparation of notice, and mailing of notice; support and recordkeeping before and during Planning Commission Hearing; preparation of Hearing Minutes; preparation of legal advertisements for City Council meetings and submission to City Clerk; preparation of Approval of Denial Letter after City Council and mailing of same after review by Planning Evaluation Coordinator; entry into database of final action and change to zoning map for new category and Clerk of Circuit Court Instrument Number from recordation of proffers; placing final processed file into two-year local storage; and processing file for long-term storage after two years. Z review of applications submitted at each deadline and meeting with Planning Evaluation Coordinator for assignment of applications; complete review of application and requested use, including initial review of submission to determine completeness, review of submitted plans and submitted documents to determine consistency with Zoning Ordinance and Comprehensive Plan [Comprehensive Plan review entails work of professional planners in Comprehensive Planning Division]; visit to location of subject site to document existing conditions and surrounding area; participation with complete Planning Department team in review of all applications submitted; correspondence and meetings with applicant; correspondence and meetings with citizens and others interested in the request; meetings with other City agencies to resolve issues identified during their review of request; preparation of report summarizing evaluation of request and providing a recommendation to the Planning Commission; presentation to the Planning Commission of same; and finalizing file after action taken. 3 review of applications submitted at each deadline and meeting with professional planners to assign applications; visit to locations of subject sites of submitted applications to document existing conditions and surrounding area; preparation of preliminary monthly agenda; participation with complete Planning Department team in review of all applications submitted; assistance to professional planners as requested and needed (including meetings with applicant); review of staff reports prepared by professional planners; preparation of package of reports for review by Planning Director; discussion with Planning Director and Current Planning Coordinator of any issues noted by review of reports; discussion with professional planners of same issues including involvement of Planning Director and Current Planning Coordinator as necessary; finalization of reports based on comments from Director; conduct tour for Planning Commission members to visit locations for requests to be heard by Commission at their next meeting; coordinate Planning Commission Hearing activities; after Hearing, determine dates for City Council meeting at which item will be acted on and distribute complete list of dates for each item; prepare City Council Agenda Request Form for items and finalize for City Council meeting; attend City Council Hearing with Planning Director and Current Planning Coordinator to respond to questions from City Council; post-Council, proof and sign-off on Approval/Denial Letters and finalize file with approved documents for eventual filing; proof and approve change to Official Zoning Map. ° participation with complete Planning Department team in review of all applications submitted; assistance to professional planners as requested; review of staff reports prepared by professional planners; discussion with Planning Director and Planning Evaluation Coordinator of any issues noted by review of reports; attend City Council Hearing with Planning Director and Planning Evaluation Coordinator to respond to questions from City Council. 5 participation with complete Planning Department team in review of all applications submitted; assistance to professional planners as requested; review of staff reports prepared by professional planners; discussion with Current Planning Coordinator and Planning Evaluation Coordinator of any issues noted by review of reports; attend City Council Hearing with Current Planning Coordinator and Planning Evaluation Coordinator to respond to questions from City Council. btotal cost does not include costs incurred by other City departments in their review of each application proposal routed to them. 7 cost of legal ad, sign, and mailing ot adjacent property owners billed separately (approximately $170 per application). 1 AN ORDINANCE TO AMEND SECTION 221 2 OF THE CITY ZONING ORDINANCE 3 PERTAINING TO THE FEES FOR A 4 CONDITIONAL USE PERMIT 5 6 Section Amended: City Zoning Ordinance § 221 7 8 WHEREAS, the public necessity, convenience, general welfare, and good zoning 9 practice so require; 10 11 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 12 BEACH, VIRGINIA: 13 14 That Section 221 of the City Zoning Ordinance is hereby amended and 15 reordained, to read as follows: 16 17 Sec. 221. Procedural requirements and general standards for conditional uses. 18 19 .... 20 21 (b) Fees. The application shall be accompanied by the following fees to cover 22 the costs of processing the application. 23 €-+gbtNine hundred dollars ($&A9900.00) for all applications except applications 24 submitted by a nonprofit organization or for a home occupation under section 234 of this 25 ordinance. The fee for such applications shall be eRe two hundred #+ft?-dollars 26 ($459200.00). An application to reconsider existing conditions shall be accompanied by 27 a fee of hve five hundred dollars ($288500.00) except that applications submitted bv a 28 nonprofit orqanization or for a home occupation under section 234 of this ordinance 29 which shall be accompanied bv a fee of two hundred dollars ($200.00). 30 31 .... 32 33 (d) Action by the planning commission. After receiving the report of the 34 director, with all pertinent related material, the planning commission shall give notice of 35 and hold a public hearing in accordance with applicable provisions of Virginia Code 36 Section 15.2-2204; provided, however, that written notice as prescribed therein shall be 37 given at least fifteen (15) days prior to the hearing. The cost of the public notices 38 required by Virqinia Code Section 15 2-2204 shall be charqed to the applicant. Within 39 forty-five (45) days after the hearing, the commission shatl submit its recommendations 40 to the city council through the planning director; provided, however, that upon mutual 41 agreement between the commission and the applicant, such time may be extended. 42 43 APPROVED AS TO CONTENT: COMMENT 44 The amendments raise the fee for applications for conditional use permits from $800 to 45 $900. Applications for non-profits and home occupations went from $150 to $200. A modification 46 of conditions requires a fee of $500, except for home occupations and non-profits which are $200. 47 Applicants will also be charged the cost of any signs that must be posted and the cost of notices 48 required by the Virginia Code, including media advertising and adjacent property owner 49 notification. 50 The effective date of this ordinance shall be July 1, 2013. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2013. APPROVED AS TO LEGAL SUFFICIENCY: ? , Planning De artment City Attorney's Office CA12602 R-5 April 29, 2013 cnNniTinNAL uSE PERMIT APPLICATION FEE (AveraLre costs per application) --•--•••-•------------ - • ACTION - HOURS RATE (per hour) TOTAL COST Administrative Support 7.0 $ 20.00 $ 140.00 Professional Planning Staff 25.0 35.00 875.00 Planning Evaluation Coordinator 5.0 40.00 200.00 Current Planning Coordinator 1.5 50.00 125.00 Director of Planning 1.0 60.00 60.00 COST OF REVIEW $ 1,400.00 Fee for Home Occupation and Non-Profit =$ 200.00 PROPOSED FEE' $ 900.00 Fee for Modification of Conditions =$ 500.00 Cost of legal ad, sign, and postage for mailing of adjacent property owners billed separately (approximately $170 per application). 1 intake of application (processing of fee; database entry and GIS map entry; digitization of submitted documents; location map preparation); routing of application to City agencies [and private utilities as necessary]; preparation of legal advertisements and submission to newspaper; posting of agenda and reports to City Website and maintenance of same; preparation and issuance of public notice signage; identification of adjacent property owners to be notified of application, preparation of notice, and mailing of notice; support and recordkeeping before and during Planning Commission Hearing; preparation of Hearing Minutes; preparation of legal advertisements for City Council meetings and submission to City Clerk; preparation of Use Permit Letter or letter of denial after City Council and mailing of same after review by Planning Evaluation Coordinator; entry into database of final action; placing final processed file into two-year local storage; and processing file for long-term storage after two years. Z review of applications submitted at each deadline and meeting with Planning Evaluation Coordinator for assignment of applications; complete review of application and requested use, including initial review of submission to determine completeness, review of submitted plans and submitted documents to determine consistency with Zoning Ordinance and Comprehensive Plan [Comprehensive Plan review entails work of professional planners in Comprehensive Planning Division]; visit to location of subject site to document existing conditions and surrounding area; participation with complete Planning Department team in review of all applications submitted; correspondence and meetings with applicant; correspondence and meetings with citizens and others interested in the request; meetings with other City agencies to resolve issues identified during their review of request; preparation of report summarizing evaluation of request and providing a recommendation to the Planning Commission; presentation to the Planning Commission of same; and finalizing file after action taken. 3 review of applications submitted at each deadline and meeting with professional planners to assign applications; visit to locations of subject sites of submitted applications to document existing conditions and surrounding area; preparation of preliminary monthly agenda; participation with complete Planning Department team in review of all applications submitted; assistance to professional planners as requested and needed (including meetings with applicant); review of staff reports prepared by professional planners; preparation of package of reports for review by Planning Director; discussion with Planning Director and Current Planning Coordinator of any issues noted by review of reports; discussion with professional planners of same issues including involvement of Planning Director and Current Planning Coordinator as necessary; finalization of reports based on comments from Director; conduct tour for Planning Commission members to visit locations for requests to be heard by Commission at their next meeting; coordinate Planning Commission Hearing activities; after Hearing, determine dates for City Council meeting at which item will be acted on and distribute complete list of dates for each item; prepare City Council Agenda Request Form for items and finalize for City Council meeting; attend City Council Hearing with Planning Director and Current Planning Coordinator to respond to questions from City Council; post-Council, proof and sign-off on Use Permit Letters and finalize file with approved documents for eventual filing. ° participation with complete Planning Department team in review of all applications submitted; assistance to professional planners as requested; review of staff reports prepared by professional planners; discussion with Planning Director and Planning Evaluation Coordinator of any issues noted by review of reports; attend City Council Hearing with Planning Director and Planning Evaluation Coordinator to respond to questions from City Council. 5 participation with complete Planning Department team in review of all applications submitted; assistance to professional planners as requested; review of staff reports prepared by professional planners; discussion with Current Planning Coordinator and Planning Evaluation Coordinator of any issues noted by review of reports; attend City Council Hearing with Current Planning Coordinator and Planning Evaluation Coordinator to respond to questions from City Council. 6 total cost does not include costs incurred by other City departments in their review of each application proposal routed to them. 7 cost of legal ad, sign, and mailing of adjacent property owners billed separately (approximately $170 per application). 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 AN ORDINANCE TO AMEND SECTION 105 OF THE CITY ZONING ORDINANCE PERTAINING TO THE APPLICATION FEE FOR ENLARGEMENT, EXTENSION, OR CONVERSION OF A NONCONFORMING USE Section Amended: City Zoning Ordinance §105 WHEREAS, the public necessity, convenience, general welfare, and good zoning practice so require; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Sections 105 of the City Zoning Ordinance is hereby amended and reordained, to read as follows: ARTICLE 1. GENERAL PROVISIONS Sec.105. Nonconformity. (d) (1) Enlargement or extension of nonconformity. No nonconforming use shall be increased in magnitude. No nonconforming use shall be enlarged or extended to cover a greater land area than was occupied by the nonconformity on the effective date of this ordinance or amendment thereto. No nonconforming use shall be moved in whole or in part to any other portion of the lot, parcel, or structure not occupied by the nonconformity on the effective date of this ordinance or amendment thereto, and no nonconforming structure shall be moved at all except to come into compliance with the terms of this ordinance. No nonconforming structure shall be enlarged, extended, reconstructed, or structurally altered, if the effect is to increase the nonconformity. As an exception to the above, any condition of development prohibited by this section may be permitted by resolution of the city council based upon its finding that the proposed condition is equally appropriate or more appropriate to the district than is the existing nonconformity city council may attach such conditions and safeguards to its approval as it deems necessary to fulfill the purposes of this ordinance. Applications for the enlargement, extension or relocation of a nonconforming use or structure shall be filed 42 with the planning director. The application shall be accompanied by a fee of--E? 43 . five hundred dollars ($500.00) to cover the cost of 44 processing the application. Notice shall be 45 given as provided by Section 15.2-2204 of the Code of Virginia; provided, however, that 46 written notice as prescribed therein shall be given at least fifteen (15) days prior to the 47 hearing. The cost of the public notices required by Section 15.2-2204 of the Code of 48 Virginia shall be charqed to the applicant. A sign shall be posted on the site in 49 accordance with the requirements of section 108 of this ordinance. 50 51 .... 52 53 (e) (1) Conversion of a nonconforming use to another use. No 54 nonconforming use shall be converted to another use which does not conform to this 55 ordinance except upon a resolution of the city council authorizing such conversion, 56 based upon its finding that the proposed use is equally appropriate or more appropriate 57 to the district than is the existing nonconforming use. In the resolution authorizing such 58 change, the city council may attach such conditions and safeguards to its approval as it 59 deems necessary to fulfill the purposes of this ordinance. When any nonconforming use 60 is converted to another use, the new use and accompanying conditions of development 61 shall conform to the provisions of this ordinance in each respect that the existing use 62 conforms, and in any instance where the existing use does not conform to those 63 provisions, the new use shall not be more deficient. Any such use authorized by the city 64 council shall thereafter be subject to the provisions of this section and to any conditions 65 or restrictions attached by the city council. Applications for the conversion of a 66 nonconforming use or structure shall be filed with the planning director. The application 67 shall be accompanied by a fee of o„° "dFed-#m*??ti d^"'rc (Q125 nn` five 68 hundred dollars ($500.00) to cover the cost of 69 and processing the application. Notice shall be given as provided by Code of Virginia, § 70 15.2-2204; provided, however, that written notice as prescribed therein shall be given at 71 least fifteen (15) days prior to the hearing. The cost of the public notices required bv 72 Section 15 2-2204 of the Code of Virqinia shall be charaed to the applicant. A sign shall 73 be posted on the site in accordance with the requirements of section 108 of this 74 ordinance. 75 76 COMMENT 77 78 This ordinance changes the application fee for enlargement, extension, or conversion of a 79 nonconforming use from $125 to $500. It also charges the cost of public notices, signs, media 80 advertising and adjacent property owner notification to the applicant. 81 82 The effective date of this ordinance shall be July 1, 2013. 2 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2013. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 4*Q* - Planning De artment '! ? City Attorney's Office i CA12603 R-3 March 11, 2013 3 EXTENSION, ENLARGEMENT, OR CONVERSION OF A NON-CONFORMING I ISF oPPI IC_ATInN FEE (Averaee costs ner anolitatlon) ------•------------. ., . .. ACTION HOURS RATE (per hour) TOTAL COST Administrative Support S.0 $ 20.00 $ 100.00 Professional Planning Staff 15.0 35.00 525.00 Planning Evaluation Coordinator 4.0 40.00 160.00 Current Planning Coordinator 0.5 50.00 25.00 Director of Planning 1.0 60.00 60.00 COST OF REVIEW $ 870.00 PROPOSED FEE 7 $ 500.00 Cost of legal ad, sign, and postage for mailing of adjacent property owners billed separately (approximately $85 per application). 1 intake of application (processing of fee; database entry and GIS map entry; digitization of submitted documents; location map preparation); routing of application to City agencies [and private utilities as necessary]; preparation of legal advertisements and submission to newspaper; posting of agenda and reports to City Website and maintenance of same; preparation and issuance of public notice signage; identification of adjacent property owners to be notified of application, preparation of notice, and mailing of notice; support and recordkeeping before and during City Council Hearing; preparation of legal advertisements for City Council meetings and submission to City Clerk; preparation of Approval or Denial Letter after City Council and mailing of same after review by Planning Evaluation Coordinator; entry into database of final action; placing final processed file into two-year local storage; and processing file for long-term storage after two years. Z review of applications submitted at each deadline and meeting with Planning Evaluation Coordinator for assignment of applications; complete review of application and requested use, including initial review of submission to determine completeness, review of submitted plans and submitted documents to determine consistency with Zoning Ordinance and Comprehensive Plan [Comprehensive Plan review entails work of professional planners in Comprehensive Planning Division]; visit to location of subject site to document existing conditions and surrounding area; participation with complete Planning Department team in review of all applications submitted; correspondence and meetings with applicant; correspondence and meetings with citizens and others interested in the request; meetings with other City agencies to resolve issues identified during their review of request; and preparation of report summarizing evaluation of request and providing a recommendation to the City Council. 3 review of applications submitted at each deadline and meeting with professional planners to assign applications; visit to locations of subject sites of submitted applications to document existing conditions and surrounding area; preparation of preliminary monthly agenda; participation with complete Planning Department team in review of all applications submitted; assistance to professional planners as requested and needed (including meetings with applicant); review of staff reports prepared by professional planners; preparation of package of reports for review by Planning Director; discussion with Planning Director and Current Planning Coordinator of any issues noted by review of reports; discussion with professional planners of same issues including involvement of Planning Director and Current Planning Coordinator as necessary; finalization of reports based on comments from Director; determine date for City Council meeting for Hearing of application; prepare City Council Agenda Request Form for item and finalize for City Council meeting; attend City Council Hearing with Planning Director and Current Planning Coordinator to respond to questions from City Council; post-Council, proof and sign-off on Approval or Denial Letter and finalize file with documents for eventual filing. °participation with complete Planning Department team in review of application; assistance to professional planners as requested; review of staff reports prepared by professional planners; discussion with Planning Director and Planning Evaluation Coordinator of any issues noted by review of reports; attend City Council Hearing with Planning Director and Planning Evaluation Coordinator to respond to questions from City Council. 5 participation with complete Planning Department team in review of all applications submitted; assistance to professional planners as requested; review of staff reports prepared by professional planners; discussion with Current Planning Coordinator and Planning Evaluation Coordinator of any issues noted by review of reports; attend City Council Hearing with Current Planning Coordinator and Planning Evaluation Coordinator to respond to questions from City Council. 6 total cost does not include costs incurred by other City departments in their review of each application proposal routed to them. 7 cost of legal ad, sign, and mailing of adjacent property owners billed separately (approximately $85 per application). 1 AN ORDINANCE TO AMEND SECTION 1403 2 OF THE CITY ZONING ORDINANCE 3 PERTAINING TO THE FEE FOR AN 4 APPLICATION TO THE WETLANDS BOARD 5 INVOLVfNG WETLANDS 6 7 Section Amended: City Zoning Ordinance §1403 8 9 WHEREAS, the public necessity, convenience, general welfare, and good zoning 10 practice so require; 11 12 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 13 BEACH, VIRGINIA: 14 15 That Section 1403 of the City Zoning Ordinance is hereby amended and 16 reordained, to read as follows: 17 18 Sec. 1403. Applications for permits. 19 20 .... 21 22 (c) A nonrefundable processing fee to cover the cost of processing the 23 application shall accompany each permit application. Such fee shall be in an amount of 24 W?o-three hundred dollars ($200300.00) plus the cost of advertisement shall be 25 required. Such fees shall apply to original applications, including after-the-fact 26 applications, and to reapplications. A fee in an amount of one hundred dollars ($100.00) 27 shall be required for deferral of an application unless waived by the Board for good 28 cause shown. 29 30 COMMENT 31 32 This ordinance changes the fee for an application to the Wetlands Board involving wetlands 33 from $200 to $300. 34 35 The effective date of this ordinance shall be July 1, 2013. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2013. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICI NCY: r Planning partment City Attorney's Office CA12605 R-2 March 8, 2013 wETLANDS BOARD FEE (Averaee costs per application) ACTION HOURS RATE (per hour) TOTAL COST Administrative Support 3.0 $ 20.00 $ 60.00 Professional Staff 15.0 30.00 450.00 COST OF REVIEW $ 510.00 PROPOSED FEE 4 300.00 Cost of legal ad, sign, and postage for mailing of adjacent property owners billed separately (approximately $85 per application). 1 intake of application; routing of application; preparation of legal advertisements and submission to newspaper; preparation and issuance of public notice signage; identification of adjacent property owners to be notified of application, preparation of notice, and mailing of notice; support and recordkeeping; entry into database of final action; placing final processed file into two-year local storage; and processing file for long-term storage after two years. 2 review of applications submitted; visit to location of subject site to document existing conditions and surrounding area; participation with complete team in review of all applications submitted; correspondence and meetings with applicant; correspondence and meetings with citizens and others interested in the request; meetings with other agencies to resolve issues identified during their review of request; preparation of report summarizing evaluation of request and providing a recommendation to the Board; and finalizing file after action taken. 3total cost does not include costs incurred by other City departments in their review of each application proposal routed to them. 4 cost of legal ad, sign, and mailing of adjacent property owners billed separately (approximately $85 per application). 1 AN ORDINANCE TO AMEND SECTION 1603 2 OF THE CITY ZONING ORDINANCE 3 PERTAINING TO THE FEE FOR AN 4 APPLICATION TO THE WETLANDS BOARD 5 INVOLVING COASTAL PRIMARY SAND 6 DUNES 7 8 Section Amended: City Zoning Ordinance §1603 9 10 WHEREAS, the public necessity, convenience, general welfare, and good zoning 11 practice so require; 12 13 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 14 BEACH, VIRGINIA: 15 16 That Section 1603 of the City Zoning Ordinance is hereby amended and 17 reordained, to read as follows: 18 19 Sec. 1603. Applications for permits. 20 21 .... 22 23 (c) A nonrefundable processing fee to cover the cost of processing the 24 application shall accompany each permit application. Such fee shall be in an amount of 25 tAFe-three hundred dollars ($2- 9A300.00) plus the cost of advertisement shall be 26 required. Such fees shall apply to original applications, including after-the-fact 27 applications, and to reapplications. .. A fee in an amount of one hundred dollars 28 ($100.00) shall be required for deferral of an application unless waived by the Board for 29 good cause shown. 30 31 COMMENT 32 33 This ordinance changes the fee for an application to the Wetlands Board involving coastal 34 primary sand dunes from $200 to $300. 35 36 The effective date of this ordinance shall be July 1, 2013. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2013. APPROVED AS TO LEGAL SUFF IENCY: ( (i)44A m I ? City Attorney's Office CA12608 R-3 March 11, 2013 COASTAL PRIMARY SAND DUNE FEE (Average costs per application) ACTION HOURS RATE (per hour) TOTAL COST Administrative Support 3.0 $ 20.00 $ 60.00 Professional Staff 15.0 30.00 450.00 COST OF REVIEW $ 510.00 PROPOSED FEE ° 300.00 Cost of tegal ad, sign, and postage for mailing of adjacent property owners billed separetely (approximately $85 per application). 1 intake of application; routing of application; preparation of legal advertisements and submission to newspaper; preparation and issuance of public notice signage; identification of adjacent property owners to be notified of application, preparation of notice, and mailing of notice; support and recordkeeping; entry into database of final action; placing final processed file into two-year local storage; and processing file for long-term storage after two years. 2 review of applications submitted; visit to location of subject site to document existing conditions and surrounding area; participation with complete team in review of all applications submitted; correspondence and meetings with applicant; correspondence and meetings with citizens and others interested in the request; meetings with other agencies to resolve issues identified during their review of request; preparation of report summarizing evaluation of request and providing a recommendation to the Board; and finalizing file after action taken. 3total cost does not include costs incurred by other City departments in their review of each application proposal routed to them. 4 cost of legal ad, sign, and mailing of adjacent property owners billed separately (approximately $85 per application). 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 AN ORDINANCE TO AMEND SECTION 8.3 OF THE SUBDIVISION REGULATIONS PERTAINING TO THE FEE FOR A SUBDIVISION VARIANCE Section Amended: §8.3 WHEREAS, the public necessity, convenience, general welfare, and good zoning practice so require; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 8.3 of the Subdivision Regulations is hereby amended and reordained, to read as follows: Sec. 8.3. Subdivision variance fees. Any appeal for a variance shall be accompanied by the following fees to cover the costs of processing the appeal :F4ve six hundred fiftv dollars ($&25650.00). The cost of public notices required bv Section 15.2-2204 of the Code of Virqinia shall be charqed to the aqplicant. COMMENT This ordinance changes the fee for a subdivision variance from $525 to $650. It also requires the applicant to pay the cost of required notices, signs and notifications to adjacent property owners. The effective date of this ordinance shall be July 1, 2013. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2013. APPROVED AS TO CONTENT: Planning qepartment APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA12604/R-2/March 8, 2013 ci ianivisinN vARIANCE APPLICATION FEE (Averaee costs per application) ----•-•-•--- ---------- - ACTION - HOURS RATE (per hour) TOTAL COST Administrative Support 5.0 $ 20.00 $ 100.00 Professional Planning Staff 15.0 35.00 525.00 Planning Evaluation Coordinator 4.0 40.00 160.00 Current Planning Coordinator 0.5 50.00 25.00 Director of Planning 1.0 60.00 60.00 COST OF REVIEW $870.00 PROPOSED FEE' 650.00 Cost of legal ad, sign, and postage for mailing of adjacent property owners billed separately (approximately $170 per application). 1 intake of application (processing of fee; database entry and GIS map entry; digitization of submitted documents; location map preparation); routing of application to City agencies [and private utilities as necessary]; preparation of legal advertisements and submission to newspaper; posting of agenda and reports to City Website and maintenance of same; preparation and issuance of public notice signage; identification of adjacent property owners to be notified of application, preparation of notice, and mailing of notice; support and recordkeeping before and during Planning Commission Hearing; preparation of Hearing Minutes; preparation of legal advertisements for City Council meetings and submission to City Clerk; preparation of Approval or Denial Letter after City Council and mailing of same after review by Planning Evaluation Coordinator; entry into database of final action; placing final processed file into two-year local storage; and processing file for long-term storage after two years. Z review of applications submitted at each deadline and meeting with Planning Evaluation Coordinator for assignment of applications; complete review of application and requested use, including initial review of submission to determine completeness, review of submitted plans and submitted documents to determine consistency with Zoning Ordinance, Subdivision Ordinance, and Comprehensive Plan [Comprehensive Plan review entails work of professional planners in Comprehensive Planning Division]; visit to location of subject site to document existing conditions and surrounding area; participation with complete Planning Department team in review of all applications submitted; correspondence and meetings with applicant; correspondence and meetings with citizens and others interested in the request; meetings with other City agencies to resolve issues identified during their review of request; preparation of report summarizing evaluation of request and providing a recommendation to the Planning Commission; presentation to the Planning Commission of same; and finalizing file after action taken. 3 review of applications submitted at each deadline and meeting with professional planners to assign applications; visit to locations of subject sites of submitted applications to document existing conditions and surrounding area; preparation of preliminary monthly agenda; participation with complete Planning Department team in review of all applications submitted; assistance to professional planners as requested and needed (including meetings with applicant); review of staff reports prepared by professional planners; preparation of package of reports for review by Planning Director; discussion with Planning Director and Current Planning Coordinator of any issues noted by review of reports; discussion with professional planners of same issues including involvement of Planning Director and Current Planning Coordinator as necessary; finalization of reports based on comments from Director; conduct tour for Planning Commission members to visit locations for requests to be heard by Commission at their next meeting; coordinate Planning Commission Hearing activities; after Hearing, determine dates for City Council meeting at which item will be acted on and distribute complete list of dates for each item; prepare City Council Agenda Request Form for items and finalize for City Council meeting; attend City Council Hearing with Planning Director and Current Planning Coordinator to respond to questions from City Council; post-Council, proof and sign-off on Approval or Denial Letters and finalize file with documents for eventual filing. ° participation with complete Planning Department team in review of all applications submitted; assistance to professional planners as requested; review of staff reports prepared by professional planners; discussion with Planning Director and Planning Evaluation Coordinator of any issues noted by review of reports; attend City Council Hearing with Planning Director and Planning Evaluation Coordinator to respond to questions from City Council. 5 participation with complete Planning Department team in review of all applications submitted; assistance to professional planners as requested; review of staff reports prepared by professional planners; discussion with Current Planning Coordinator and Planning Evaluation Coordinator of any issues noted by review of reports; attend City Council Hearing with Current Planning Coordinator and Planning Evaluation Coordinator to respond to questions from City Council. 6 total cost does not include costs incurred by other City departments in their review of each application proposal routed to them. 7 cost of legal ad, sign, and mailing of adjacent property owners billed separately (approximately $170 per application). 1 AN ORDINANCE TO AMEND SECTION 8-31 2 OF THE CITY CODE PERTAINING TO THE 3 ADDITION OF REVIEW FEES FOR 4 RESIDENTIAL BUILDING PLANS, 5 COMMERCIAL BUILDING PLANS AND FIRE 6 PLANS 7 8 Section Amended: § 8-31 9 10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 11 BEACH, VIRGINIA: 12 That Section 8-31 of the Code of the City of Virginia Beach, Virginia, is hereby 13 amended and reordained to read as follows: 14 DIVISION 1. - GENERALLY 15 16 .... 17 18 Sec. 8-31. Permit fees-Building permits. 19 20 .... 21 22 (c) For the construction of any building or addition thereto where the floor area is 23 increased and for the installation or erection of any industrialized building unit, the 24 fee shall be based on the floor area to be constructed, as computed from exterior 25 building dimensions at each floor, as follows: 26 27 .... 28 29 (20)There shall also be a review fee in the amount of one hundred fi? dollars 30 ($190:08150.00) for review of commercial plans. 31 32 (21)There shall also be a review fee in the amount of seventv five dollars ($75.00) 33 for review of residential plans. 34 35 (22)There shall also be a review fee in the amount of seventy five dollars ($75.00) 36 for review of fire plans. 37 38 39 40 41 42 43 44 45 COMMENT This ordinance changes the fee for review of commercial plans from $100 to $150. It also adds the fee of $75 for review of residential plans and fire plans. The effective date of this ordinance shall be July 1, 2013. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2013. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY: , r ? Planning ?epartrnent City Attorney's Office CA12611 R-2 March 8, 2013 2 1 AN ORDINANCE TO AMEND SECTION 8-33 2 OF THE CITY CODE PERTAINING TO THE 3 FEE FOR FIVE YEAR INSPECTIONS FOR 4 ELEVATORS 5 6 Section Amended: § 8-33 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 That Section 8-33 of the Code of the City of Virginia Beach, Virginia, is hereby 11 amended and reordained to read as follows: 12 DIVISION 1. - GENERALLY 13 14 .... 15 16 Sec. 8-33. - Same-Mechanical, life safety, elevator and gas permits. 17 18 .... 19 20 (d) For annual inspections of elevators and escalators, the fees shall be as follows: 21 22 (1) Annual safety test and inspection: 23 a. Tractor/cable elevator-$100.00. 24 b. Hydraulic elevator-$100.00. 25 c. Freight elevators-$100.00. 26 d. Escalator-$100.00. 27 28 (2) Five-year full rate load safety test and inspection: 29 a. Tractor/cable elevators-$! 08-90300.00. 30 31 .... 32 33 COMMENT 34 35 This ordinance changes the five-year fee for safety test and inspection of tractor/cable 36 elevators from $100 to $300. 37 38 The effective date of this ordinance shall be July 1, 2013. Adopted by the City Council of the City of Virginia Beach, Virginia, on this _ day of , 2013. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 1 { Planning epartment . City Attorney's Office CA12610 R-2 March 8, 2013 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 AN ORDINANCE TO AMEND SECTION 33- 111.2 OF THE CITY CODE PERTAINING TO THE FEES REQUIRED FOR THE VACATION OF PUBLIC WAYS Section Amended: § 33-111.2 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 33-111.2 of the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained to read as follows: ARTICLE V. - VACATION OF PUBLIC STREETS, ALLEYS, EASEMENTS AND OTHER PUBLIC WAYS Sec. 33-111.2. - Appointment of viewers for one year terms. Three (3) viewers shall be appointed each year to serve terms of one year beginning July 1 to view each and every street or alley proposed to be altered or vacated during the term. The applicant for closure of streets or alleys shall not be required to advertise, and city council shall not be required to hold a separate hearing, for appointment of viewers for each specific street or alley proposed to be altered or vacated. The notice requirements of section 15.2-2204 of the Code of Virginia and section 33-111.1 of the Code of Virginia Beach shall be complied with for each hearing regarding discontinuance of the street or alley proposed to be altered or vacated. The cost of public notices required bv §15.2-2204 of the Code of Virqinia shall be charqed to the applicant. Also, the applicant and city council shall comply with all other provisions of section 15.2-2006 of the Code of Virginia for the alteration and vacation of streets and alleys. COMMENT This ordinance requires the applicant to pay the cost of public notices for street closures. The effective date of this ordinance is July 1, 2013. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2013. APPROVED AS TO CONTENT: Planning epartment CA12609 R-2 March 8, 2013 APPROVED AS TO LEGAL SUFFICIENCY: WNJA?t m . City Attorney's Office STREET CLOSURE (Costs per application) ACTION HOURS RATE (per hour) TOTAL COST Administrative Support 5.0 $ 20.00 $ 100.00 Professional Planning Staff 10.0 35.00 350.00 Planning Evaluation Coordinator 3.0 40.00 120.00 Current Planning Coordinator 0.5 50.00 25.00 Director of Planning 1.0 60.00 60.00 COST OF REVIEW 655.00 PROPOSED FEE' $ 250.00 Cost of legal ad, sign, and postage for mailing of adjacent property owners billed separately (approximately $170 per application). 1 intake of application (processing of fee; database entry and GIS map entry; digitization of submitted documents; location map preparation); routing of application to City agencies [and private utilities as necessary]; preparation of legal advertisements and submission to newspaper; posting of agenda and reports to City Website and maintenance of same; preparation and issuance of public notice signage; identification of adjacent property owners to be notified of application, preparation of notice, and mailing of notice; support and recordkeeping before and during Planning Commission Hearing; preparation of Hearing Minutes; preparation of legal advertisements for City Council meetings and submission to City Clerk; preparation of Approval/Denial Letter after City Council and mailing of same after review by Planning Evaluation Coordinator; entry into database of final action; placing final processed file into two-year local storage; and processing file for long-term storage after two years. Z review of applications submitted at each deadline and meeting with Planning Evaluation Coordinator for assignment of applications; complete review of application and requested use, including initial review of submission to determine completeness; scheduling of Street Closure Viewer meeting; visit to location of subject site to document existing conditions and surrounding area; participation with complete Planning Department team in review of all applications submitted; correspondence and meetings with applicant; correspondence and meetings with citizens and others interested in the request; meetings with other City agencies to resolve issues identified during their review of request; preparation of report summarizing evaluation of request and providing a recommendation to the Planning Commission; presentation to the Planning Commission of same; and finalizing file after action taken. 3 review of applications submitted at each deadline and meeting with professional planners to assign applications; visit to locations of subject sites of submitted applications to document existing conditions and surrounding area; preparation of preliminary monthly agenda; participation with complete Planning Department team in review of all applications submitted; assistance to professional planners as requested and needed (including meetings with applicant); review of staff reports prepared by professional planners; preparation of package of reports for review by Planning Director; discussion with Planning Director and Current Planning Coordinator of any issues noted by review of reports; discussion with professional planners of same issues including involvement of Planning Director and Current Planning Coordinator as necessary; finalization of reports based on comments from Director; conduct tour for Planning Commission members to visit locations for requests to be heard by Commission at their next meeting; coordinate Planning Commission Hearing activities; after Hearing, determine dates for City Council meeting at which item will be acted on and distribute complete list of dates for each item; prepare City Council Agenda Request Form for items and finalize for City Council meeting; attend City Council Hearing with Planning Director and Current Planning Coordinator to respond to questions from City Council; post-Council, proof and sign-off on Approval/Denial Letters and finalize file with approved documents for eventual filing; proof and approve change to Official Zoning Map. °participation with complete Planning Department team in review of all applications submitted; assistance to professional planners as requested; review of staff reports prepared by professional planners; discussion with Planning Director and Planning Evaluation Coordinator of any issues noted by review of repoKs; attend City Council Hearing with Planning Director and Planning Evaluation Coordinator to respond to questions from City Council. 5 participation as member of Street Closure Viewers; participation with complete Planning Department team in review of all applications submitted; assistance to professional planners as requested; review of staff reports prepared by professional planners; discussion with Current Planning Coordinator and Planning Evaluation Coordinator of any issues noted by review of reports; attend City Council Hearing with Current Planning Coordinator and Planning Evaluation Coordinator to respond to questions from City Council. 6 total cost does not include costs incurred by other City departments in their review of each application proposal routed to them. 7 cost of legal ad, sign, and mailing of adjacent property owners billed separately (approximately $170 per application). 1 AN ORDINANCE TO AMEND SECTION 110 2 OF THE CHESAPEAKE BAY 3 PRESERVATION AREA ORDINANCE 4 PERTAINING TO THE FEE FOR AN 5 APPLICATION FOR A VARIANCE TO THE 6 CHESAPEAKE BAY PRESERVATION AREA 7 BOARD 8 9 Section Amended: §110 10 11 WHEREAS, the public necessity, convenience, general welfare, and good zoning 12 practice so require; 13 14 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 15 BEACH, VIRGINIA: 16 17 That Section 110 of the Chesapeake Bay Preservation Area Ordinance is hereby 18 amended and reordained, to read as follows: 19 20 Sec. 110. - Variances. 21 22 .... 23 24 (C) Board variances. The City Manager shall review any other application for a 25 variance and the water quality impact assessment and provide the Board with an 26 evaluation of the potential impacts of the proposed variance and such other information 27 as may aid the Board in considering the application. No such application shall be 28 accepted by the City Manager unless accompanied by a nonrefundable fee in the 29 amount of three hundred dollars ($259300.00). The City Manager shall 30 transmit the application and supporting information and evaluation to the members of 31 the Board and the applicant no less than five (5) days prior to the scheduled hearing on 32 such application. 33 34 (D) Not later than sixty (60) days after the receipt of an application, the Board 35 shall hold a public hearing on such application. Notice of the time and place of the 36 hearing shall be published no less than once per week for two (2) consecutive weeks 37 prior to such hearing in a newspaper having a general circulation in the City. The 38 second such notice shall appear not less than five (5) days nor more than twenty-one 39 (21) days prior to the hearing. The cost of the public notice shall be charqed to the 40 applicant. 41 42 (E) The Board shall notify, by first class mail, all property owners adjacent to 43 the subject property and each waterfront property owner across the waterway from the 44 subject property, if the water body is less than five hundred (500) feet wide, of the public 45 hearing at least five (5) days prior to the hearing. The cost of such notification shall be 46 charqed to the applicant. 47 48 COMMENT 49 50 This ordinance changes the fee for an application for a variance to the Chesapeake Bay 51 Preservation Area Board from $250 to $300. It also charges the cost for public notices, signs and 52 notices to adjacent property owners to the applicant. 53 54 The effective date of this ordinance is July 1, 2013. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2013. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: AO - . . 970/. City Attorney's Office CA12606 R-3 April 29, 2013 2 CHESAPEAKE BAY BOARD FEE (Averaae costs per application) ACTION HOURS RATE (per hour) TOTAL COST Administrative Support 3.0 $ 20.00 $ 60.00 Professional Staff 15.0 30.00 450.00 COST OF REVIEW $ 510.00 PROPOSED FEE ° 300.00 Cost of legal ad, sign, and postage for mailing of adjacent property owners billed separetely (approximately $85 per application). 1 intake of application; routing of application; preparation of legal advertisements and submission to newspaper; preparation and issuance of public notice signage; identification of adjacent property owners to be notified of application, preparation of notice, and mailing of notice; support and recordkeeping; entry into database of final action; placing final processed file into two-year local storage; and processing file for long-term storage after two years. Z review of applications submitted; visit to location of subject site to document existing conditions and surrounding area; participation with complete team in review of all applications submitted; correspondence and meetings with applicant; correspondence and meetings with citizens and others interested in the request; meetings with other agencies to resolve issues identified during their review of request; preparation of report summarizing evaluation of request and providing a recommendation to the Board; and finalizing file after action taken. 3 total cost does not include costs incurred by other City departments in their review of each application proposal routed to them. 4 cost of legal ad, sign, and mailing of adjacent property owners billed separately (approximately $85 per application). r?Kin e?q?. f04 0 ?t. ,.`'•,,?w,.r ;.?,! CITY OF VIRGINIA BEACH AGENDA ITEM ITEMS: CITY OF VIRGINIA BEACH -- An Ordinance to Amend Section 110 of the Chesapeake Bay Preservation Area Ordinance Pertaining to the fee for an application for a Variance to the Chesapeake Bay Preservation Area Board. MEETING DATE: May 14, 2013 ¦ Background: The attached ordinance is one of a group of eight ordinances for fee increases proposed by the Planning Department, as part of the department's budget request for Fiscal Year 2014. This ordinance, which is for applications to the Chesapeake Bay Board is presented separate from the other ordinances, as the Planning Commission modified the fee that was proposed by the Planning Department. ¦ Considerations: The Planning Commission, at their April 10 Public Hearing deferred action on the group of eight proposed amendments, and directed staff to seek further input from the development community and other interested stakeholders. On April 29, 2013, Staff reviewed the amendments with the development community at the DSC monthly meeting with the development community. Further discussion occurred after that meeting. During the Planning Commission public hearing, one individual appeared to oppose the proposal to directly charge applicants the cost of public notice for Chesapeake Bay Board applications. The Commission, after discussion of the issue, modified the proposed ordinance by deleting the provision for directly charging the applicant the cost of public notice and increasing the actual application fee from the proposed $300 to $350. ¦ Recommendations: The Planning Commission, passing a motion by a recorded vote of 9-2, recommends approval of the proposed amendment with the revision proposed by the Commission. ¦ Attachments: Staff Review and Ordinances Recommended Action: Planning Commission recommends approval. Submitting Department/Agency: Planning Departmen City Manager: 1?, v? 1 PLANNING COMMISSION VERSION 2 3 AN ORDINANCE TO AMEND SECTION 110 4 OF THE CHESAPEAKE BAY 5 PRESERVATION AREA ORDINANCE 6 PERTAINING TO THE FEE FOR AN 7 APPLICATION FOR A VARIANCE TO THE 8 CHESAPEAKE BAY PRESERVATION AREA 9 BOARD 10 11 Section Amended: §110 12 13 WHEREAS, the public necessity, convenience, general welfare, and good zoning 14 practice so require; 15 16 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 17 BEACH, VIRGINIA: 18 19 That Section 110 of the Chesapeake Bay Preservation Area Ordinance is hereby 20 amended and reordained, to read as follows: 21 22 Sec. 110. - Variances. 23 24 .... 25 26 (C) Board variances. The City Manager shall review any other application for a 27 variance and the water quality impact assessment and provide the Board with an 28 evaluation of the potential impacts of the proposed variance and such other information 29 as may aid the Board in considering the application. No such application shall be 30 accepted by the City Manager unless accompanied by a nonrefundable fee in the 31 amount of #w-o three hundred fifty dollars ($2-59350.00). The City Manager shall transmit 32 the application and supporting information and evaluation to the members of the Board 33 and the applicant no less than five (5) days prior to the scheduled hearing on such 34 application. 35 36 (D) Not later than sixty (60) days after the receipt of an application, the Board 37 shall hold a public hearing on such application. Notice of the time and place of the 38 hearing shall be published no less than once per week for two (2) consecutive weeks 39 prior to such hearing in a newspaper having a general circulation in the City. The 40 second such notice shall appear not less than five (5) days nor more than twenty-one 41 (21) days prior to the hearing. 42 43 (E) The Board shall notify, by first class mail, all property owners adjacent to 44 the subject property and each waterfront property owner across the waterway from the 45 subject property, if the water body is less than five hundred (500) feet wide, of the public 46 hearing at least five (5) days prior to the hearing. 47 48 COMMENT 49 50 This ordinance was recommended by the Planning Commission. It increases the fee for an 51 application for a variance to the Chesapeake Bay Preservation Area Board from $250 to $350. It 52 also deletes the provision that would have charged the cost for public notices, signs and notices to 53 adjacent property owners to the applicant. 54 55 The effective date of this ordinance is July 1, 2013. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2013. APPROVED AS TO CONTENT Plan4De nt A PPROVED AS TO LEGAL SUFFICIENCY: ? City Attorney's Office CA12606 R-4 May 8, 2013 2 M. PLANNING 1. Application of SCOTT ROBERTS/ROBERTS FAMILY LTD PARTNERSHIP for an Alteration to a Non-Conforming Use to construct a one (1) bedroom garage apartment in the rear of 1306 Baltic Avenue DISTRICT 6 - BEACH RECOMMENDATION: APPROVAL 2. Application of MILLER INVESTMENT, LLC for Modification of Proffers Nos. 1, 2 and 7 of a Conditional Change of Zoning, approved by City Council on March 25, 1997, re ADDING a drive- through window and stacking lane at 1817 London Bridge Road DISTRICT 7 - PRINCESS ANNE RECOMMENDATION: APPROVAL 3. Application of MARRILYN DAVIS for Modi ication of Condition No. l of a Use Permit for Child Day Care, approved on August 10, 2004, to increase the maximum number of children from 10 to 12 at 1432 Glenwood Links Lane DISTRICT 1 - CENTERVILLE RECOMMENDATION: APPROVAL 4. Application of C and C DEVELOPMENT CO., INC/ATRIA PROPERTIES, LLC for a Special Exception for Alternative Compliance to the Oceanfront Resort District Form-Based Code to construct five detached single family homes at 429 201' Street DISTRICT 6 - BEACH RECOMMENDATION: APPROVAL 5. Application of CHALICE CHRISTIAN CHURCH for a Conditional Use Permit to construct an addition to the existing Church and renovate the building exterior at 5612 Haden Road DISTRICT 4 - BAYSIDE RECOMMENDATION: APPROVAL 6. Application of HOLLOMON BROWN FUNERAL HOME, INC. and TIDEWATER CEMETERY CORP., for a Conditional Change ofZoning from AG-2 Agricultural District to 0-2 Office District for a funeral home at 3445 Princess Anne Road DISTRICT 7 - PRINCESS ANNE RECOMMENDATION: APPROVAL 7. Application of SILVER HILL AT THALIA, LLC/JULIA M. STAYLOR for a Conditional Change of Zonin from R-7.5 Residential District to Conditional A-12 Apartment District, to develop an adult independent-living community comprised of 10 multi-family dwelling units at 4355 Bonney Road DISTRICT 5 - LYNNHAVEN RECOMMENDATION: APPROVAL 8. Application of the CITY OF VIRGINIA BEACH to AMEND the City Zoning Ordinance (CZO) re Section 1001 Establishing repair of Boats and Vessels as a Conditional Use in the I-1 Industrial District RECOMMENDATION: APPROVAL ,,u• { t? NOTICE OF PUBLIC HEARING The regular meeting of the City Council of the City of Virginia Beach will be heltl in the Council Chamber of the City Hall Building, Municipal Center, 2401 Courthouse Drive, Virginia Beach, Virginia, on Tuesday, May 14, 2013 at 6:00 P.M., at which time a Public Hearingto consider the following applications will be heid: BFACH - DISTRICT 6 Scott Roberts (Applicant)/ROberts Family LTD Partnership (Owner) Application: Alteraron rn a Nnn-ronforminE Use. Request is to construci a one (1) bedroom garage apartment in the rear of the existing dwelling at 1306 Baltic Avenue (GPIN 2427056592). C and C Development Co., Inc. (Applicant)/AVia Properties, LLC (Owner) Application: Soecial Exceptlon for Alternative Gomoliance to the Oceanfront Resort District Form-Based Code. Request is to construct five (5) detached houses that do not conform to the building type properties for a detached house at 429 201" Street (GPIN 2427072967). BAYSIDE - DISTRICT 4 Chalice Christian Church (Applicant & Owner) Application: Conditional Use Permit for a Religious Use (Church). Request is to construct an addition to the existing building at 5612 Haden Road (GPINs 1469261277; 1469253917). PRINCESS ANNE - DISTRICT 7 Miller Investment, LLC (Applicant & Owner) Application: Modification of Proffers of a Conditional Change of Zoning to B-2 Business, approved by City Council on March 25, 1997. Proposed modification will allow addition of a drive-through to the building in associatlon with a doughnut business at 1817 London Bridge Road (GPIN 2405039515). Comprehensive Plan: Suburban Area. Hollomon Brown Funeral Home, Inc. (Applicant) / Hollomon Brown Funeral Home, Inc. & Tidewater Cemetery Corp. (Owner) Application: r,,...+i.i,,,,ai rnan2e of Zoning from AG-2 Agricultural to 0-2 Office DisVict at 3445 Princess Anne Road (GPINs 1485708361 & 1455804041). Comprehensive Plan: Transition Area. Proposed: development of site for a funeral home. CENTERVILLE - DISTRICT 1 Marrilyn Davis (Applicant & Owner) Application: Modifi ation of Conditions of a Use Permit for child day care approved on August 10, 2004. Request is to increase the maximum number of children from ten (10) children to twelve (12) children at 1432 Glenwood Links Lane (GPIN 1475000385) LYNNHAVEN - DISTRICT 5 Silver Hill At Thalia, LLC (Applicant)/JULIA M. STAYLOR (Owner) Application: (`onditional Change of Zonin2 from R-7.5 Residential to Conditional A-12 Apartment at 4355 Bonney Roaq (GPIN 147 7 8 2146 2; 1477821535). Request is to develop an adult independent-living community comprised of ten (10) multi-family dwelling units. Comprehensive Plan: Suburban Area. Proposed density is 6.73 units per acre. CITY OF VIRGINIA BEACH Ordinance to Amend Section 1001 of the City Zoning Ordinance establishing repair of boats and vessels as a Conditional Use in the I-1 Industrial District. Ordinance to Amend Section 110 of the Chesapeake Bay Preservation Area Ordinance pertaining to the fee for an application for a variance to the Chesapeake Bay Preservation Area Board. Ordinance to Amend Section 106 of the City Zoning Ordinance pertaining to the fee for an appeal to the Board of Zoning Appeals. Ordinance to Amend Sections 107 and 108 of the City Zoning Ortlinance pertaining to application fees for a petition to amend, supplement or change the district boundaries or classificaUon of property and the fee for public notice signs. Ordinance to Amend Section 221 of the City Zoning Ordinance pertaining to the fees for a Conditional Use Permit. Ordinance to Amend Section 105 of the City Zoning Ordinance pertaining to the application fee for enlargement, extension or conversion of a Nonconforming Use. Ordinance to Amend Section 8.3 of the Subdivision pertaining to the fee for a Subdivision Variance. Ordinance to Amend Section 1403(c) of the City Zoning Ordinance pertaining to the fee for an application to the Wetlands Board. Ordinance to Amend Section 1603 of the City Zoning Ordinance pertaining to the fee for an application to the Wetlands Board invoNing Costal Primary Sand Dunes. Ordinance to Amentl Section 33-111.2 of the City Code pertaining to the fees iequired for the vacation of public ways. All interested citizens are invited to attend. Ruth Hodges Fraser, MMC City Clerk Copies of the proposed ordmances, resoWtions and amentlments are on file and may be examined in the Department of Planning or online at -?., For information call 385-4621. If you are physicalty disabled or visualry Impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at385-4303. Beacon April 28 & May 5, 2013 23556995 ro?? CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Authorizing the Enlargement of a Nonconforming Use on Property Located at 1306 Baltic Avenue Owned by Scott Roberts. BEACH DISTRICT. MEETING DATE: May 14, 2013 ¦ Background: The subject site is 6,288 square feet and is zoned R-5D Residential Duplex District. Land use in the surrounding area primarily consists of single-family dwellings. A one-story single-family residential dwelling is currently situated on the front portion of the subject lot. A second dwelling, a garage apartment, is situated at the rear portion of the lot. The R-5D Residential Duplex zoning allows two units on one lot; however, those two units must be within the same building: Dwelling, Dup/ex: A building containing two (2) dwelling units, entirely surrounded by a yard, where each dwelling unit is not on a separate /ot (Section 111, City Zoning Ordinance) The two dwelling units located on this lot are in separate buildings, and were built prior to the adoption of the zoning ordinance, thus the dwelling units are nonconforming uses. The applicant's request entails the addition of a second floor and small additions to the first floor of the single-family dwelling. To obtain the required building and other development-related permits, the applicant must first secure approval from the City Council for an expansion to a nonconforming use. Section 105 of the City Zoning Ordinance provides that the enlargement of a nonconforming use "may be permitted by resolution of the City Council based upon its finding that the proposed condition is equally appropriate or more appropriate to the district than is the existing nonconformity." ¦ Considerations: The applicant's proposal consists of the following: • Enclosing the existing front porch area. • Adding three feet to the rear wall. SCOTT ROBERTS Page 2 of 2 • Adding a second floor. The area of the second floor will match the area of the first floor such that the exterior walls of the dwelling will be uniform from the ground to the level of the roof. • The second floor will include a balcony with a shed-style roof. • Exterior building materials will consist of HardieplanO siding, raised-panel shutters, stucco-finish on the foundation, and arch itectu ral-style shingles on the roof. ¦ Recommendations: Staff concludes that the proposed modification is reasonable, will have a minimal impact, and will be as appropriate to the existing residential neighborhood as the existing non-conforming use. Only one of the dwellings located on the site will be expanded, and the proposed expansion adheres to the dimensional requirements specified for the R-5D District. The proposed modifications are an extensive renovation and upgrade of this dwelling and will contribute to the enhancement of the neighborhood. The request, therefore, is acceptable as submitted, subject to the conditions below. 1. The alterations shall substantially adhere to the submitted plans entitled, "Roberts Residence, 1306 Baltic Avenue, pages 1 to 4." Said plans have been exhibited to the City of Virginia Beach City Council and are on file in the Planning Department. 2. All required permits for the proposed addition shall be obtained from the Planning Department/Permits and Inspections Division. The applicant shall provide a structural analysis by a certified engineering/design professional acceptable to the Building Official that demonstrates the foundation of the dwelling can support a second floor or the improvements that will be made to the foundation and/or structure of the first floor to support the second floor and roof. ¦ Attachments: Supporting Documents Resolution Location Map Recommended Action: Approval with conditions Submitting Department/Agency: Planning Department City Manager: ?. MACH R5S ? 7 . i V ,f Y Y 7e RsS ? ? ? l A , ? ? 'R $$ 'A - Non-Contomtinp Ux May 14, 2013 City Council Hearing APPLICANT AND PROPERT OWNER: SCOTT RO B E RTS STAFF PLANNER: Stephen J. White REQUEST: ADDRESS / DESCRIPTION: 1306 Baltic Avenue Enlarqement of a Nonconforminq Use GPIN: 242705659200000 ELECTION DISTRICT: BEACH SITE SIZE: 6,288 square feet AICUZ: 70 to 75 dB DNL SITE INFORMATION AND SUBMITTED PLANS The subject site is 6,288 square feet and is zoned R-5D Residential Duplex District. Land use in the surrounding area primarily consists of single-family dwellings. A one-story single-family residential dwelling is currently situated on the front portion of the subject lot. A second dwelling, a garage apartment, is situated at the rear portion of the lot. The R-5D Residential Duplex zoning allows two units on one lot; however, those two units must be within the same building: Dwelling, Dup/ex: A building containing two (2) dwelling units, entirely surrounded by a yard, where each dwelling unit is not on a separate lof (Section 111, City Zoning Ordinance) Since the two dwelling units located on this lot are in separate buildings, the dwelling units are nonconforming uses in this zoning district. The applicanYs request entails the addition of a second floor and small additions to the first floor of the single-family dwelling. To obtain the required building and other development-related permits, the applicant must first secure approval from the City Council for an expansion to a nonconforming use. Section 105 of the City Zoning Ordinance provides that the enlargement of a nonconforming use "may be permitted by resolution of the City Council based upon its finding that the proposed condition is equally appropriate or more appropriate to the district than is the existing nonconformity." SCOTT ROBERTS / Enlargement of a Nonconforming Use May 14, 2013 City Council Hearing Page 1 The applicanYs proposal consists of the following: • Enclosing the existing front porch area. • Adding three feet to the rear wall. • Adding a second floor. The area of the second floor will match the area of the first floor such that the exterior walls of the dwelling will be uniform from the ground to the level of the roof. • The second floor will include a balcony with a shed-style roof. • Exterior building materials will consist of Hardieplanke siding, raised-panel shutters, stucco-finish on the foundation, and architectural-style shingles on the roof. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Single-family dwelling and garage apartment SURROUNDING LAND North: . Single-family homes / R-5S Residential District USE AND ZONING: South: . Single-family homes / R-5S Residential District East: • Single-family homes / Baltic Avenue • Single-family homes / R-5S Residential District West: . Duplex dwelling / R-5D Residential District NATURAL RESOURCE AND The site developed. Grass, concrete, and other vegetation cover the CULTURAL FEATURES: site. COMPREHENSIVE PLAN: The Comprehensive Plan defines the area of which the subject site is located as Oceanfront Resort Strategic Growth Area (SGA). The Resort Area Strategic Action Plan (RASAP) recommends that the existing residential neighborhoods in this SGA be protected from incompatible development and provided opportunities for neighborhood enhancement and investment. IMPACT ON CITY SERVICES Based on comments from City agencies pertaining to this request, there is no direct impact on City services as a result of the applicanYs proposal. SCOTT ROBERTS / Enlargement of a Nonton#orriiing AJse May 14, 2013 City Council Hearing Page 2 EVALUATION AND RECOMMENDATION Staff concludes that the proposed modification is reasonable, will have a minimal impact, and will be as appropriate to the existing residential neighborhood as the existing non-conforming use. Only one of the dwellings located on the site will be expanded, and the proposed expansion adheres to the dimensional requirements specified for the R-5D District. The proposed modifications are an extensive renovation and upgrade of this dwelling and will contribute to the enhancement of the neighborhood, as recommended by the Resort Area Strategic Action Plan. The request, therefore, is acceptable as submitted, subject to the conditions below. The alterations shall substantially adhere to the submitted plans entitled, "Roberts Residence, 1306 Baltic Avenue, pages 1 to 4." Said plans have been exhibited to the City of Virginia Beach City Council and are on file in the Planning Department. 2. All required permits for the proposed addition shall be obtained from the Planning Department/Permits and Inspections Division. The applicant shall provide a structural analysis by a certified engineering/design professional acceptable to the Building Official that demonstrates the foundation of the dwelling can support a second floor or the improvements that will be made to the foundation and/or structure of the first floor to support the second floor and roof. SCOTT ROBERTS / Enlargement of a No6?on#orriling Use ° May 14, 2013 City Council Hearing _ ' Page 3 ? 4 7 s?• \ r 1* 1 ? '- ? \ , <?? '. I?- . . ?9 . X ' 'IN t ? ? •'? ?, ??_ ? a ?;? 1 t ci :'2t v, ?N fY Ma .r ` ,I AERIAL OF SITE LOCATION SCOTT ROBERTS / Enlargement of a Nonconforming Use May 14, 2013 City Council Hearing Page 4 i PHOTO OF EXISTING HOUSE AND ELEVATION DRAWING OF PROPOSED ADDITION SCOTT ROBERTS / Enlargement of a N May 14, 2013 ( ty Council Hearing ? Page 5 .?i i a ?,?asta,, ' ?`` a l i; ??:?? z? tl ? ? x ? o II?I1 ? y _ I ?I ? a { i ; I j; -1i >, ? Q ?I FLOOR PLANS SCOTT ROBERTS / Enlargement of a Nonconforming Use , May 14, 2013 City Council Hearing Page 6 ? ro R nr .4 ?UR Nu'sJ ? ??t? ? O ? ? ? 1??1 ? ? W ? ? ? ? ? ? O V / ? O ? DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, artnershi , firrn, business, or other unincorporated organization, compiete the foliowing: 1. List the applicant name foilowed 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) w / ? F? Chedc here if the appli+cant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete fhis section only ii property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 7. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (ABach list if necessary) t" I)?, 2. List all businesses that have a parent-subsidiary' or affiliated business entity2 relationship with the applipnt: (Attach list if necessary) F-1 Chedc here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for foofiotes Does an official or em loyee of the City of Virginia Beach have an interest in the subject land? Yes No 0 If yes, ?t is the name of the official or employee and the nature of their interest? Vv r^\ NonConformin0 Ux App4cetion Paye 8 of 9 Revlsed 7l3107 DISCLOSURE STATEMENT SCOTT ROBERTS / Enlargement of a Ndn"ton#orriting Us6 May 14, 2013 City Council Hearing Page 7 DISCLOSURE STATEMENT ADDtTiONAi. DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, inGuding but not limited to the providers of architectural services, real estate services, finanaal senrices, acxounting services, and Iegal services: (Attach list if necessary) 5?a (.\ cc-, nm ks-? 1<?R3 ''Parerrt-subsidiary relationship" means `a relationship that exists when one corporation directy or indirecty owns shares possessing more than 50 percent ofthe voting power of another corporation ' See State and Local Govemment Conflict of Irrterests 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, (i) a controlling owner in one entity is also a controlling owner in the other entity, or (i) there is shared management or control beiween the business eRtities. Factors that should be considered in determining the e)istence of an affiliated business entity relationship include that the same person or substarrtially the same person own or manage the iwo errtities; there are common or commingled funds or assets; the business errtities share ihe use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities.' See State and Local Govemment Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICAIION: I certify that the information corrtained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the appliption has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at leasc 30 days prior to the scheduled pubGc hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the DepaRment of Planning to photograph and view the site for purpases of processing and evaiuating this application. pplicanYs Signature Print Name Property Ovmer's Signature (if different than applipnt) Print Name Non-Confortning Use Application ? O 1?? ? ? ? F? ? ? ? ? ? ? ? 0 ? ? O ? ? ? ? DISCLOSURE STATEMENT SCOTT ROBERTS / Enlargement of a NonConforming Us6 May 14, 2013 City Council Hearing Page 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 A RESOLUTION AUTHORIZING THE ENLARGEMENT OF A NONCONFORMING USE ON PROPERTY LOCATED AT 1306 BALTIC AVENUE WHEREAS, Scott Roberts (hereinafter the "Applicant") has made application to the City Council for authorization of the enlargement of a nonconforming use located at 1306 Baltic Avenue in the R-5D Residential Duplex District by enlarging the single- family dwelling on the parcel; and WHEREAS, there is located on the parcel a single-family dwelling and a garage apartment, which is not allowed in the R-5D Residential Duplex District, however, the two (2) dwellings were built prior to the adoption of the applicable zoning regulations and are therefore nonconforming; and WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the enlargement of a nonconforming use is unlawful in the absence of a resolution of the City Council authorizing such action upon a finding that the proposed use, as enlarged, will be equally appropriate or more appropriate to the zoning district than is the existing use; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Council hereby finds that the proposed use, as enlarged, will be equally appropriate to the district as is the existing nonconforming use under the conditions of approval set forth hereinbelow. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the enlargement of the nonconforming use is hereby authorized, upon the following conditions: 1. The alterations shall substantially adhere to the submitted plans entitled, "Roberts Residence, 1306 Baltic Avenue, pages 1 to 4." Said plans have been exhibited to the City of Virginia Beach City Council and are on file in the Planning Department. 2. All required permits for the proposed addition shall be obtained from the Planning Department/Permits and Inspections Division. The applicant shall provide a structural analysis by a certified engineering/design professional acceptable to the Building Official that demonstrates the foundation of the dwelling can support a second floor or the improvements that will be made to the foundation and/or structure of the first floor to support the second floor and roof. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2013. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Plannin partment CA12639 R-1 May 1, 2013 j)/Ajg x Cit torney's Office ' -63- Itcm V-L.7. PUBLIC NEARING ITEM if 41947 (Contu+usd) PLANNIIVG BY CONSENT Thesc Ordinnnces sha(1 6t cffectivt in accordance with Stction 107 (t) oj the Zoning Ordinance. Adopted by the Council of tlie City oj Yrginia Becch, Yrginia, on fhe T}ven(y-j'?_of March Hundred and Nine[y-Seven. Voting: 11-0 (By Constnt) Council Members Yoting Aye: John A. Boum, Linwood O. Branch, III, Willinm W. Norrison, Jr., Harold Neischober, Barboro M. Henley, Loreis R Jones, Reba S McClanan, Mayor Meyera E. Oberndorf, Nancy K Porker, rice Moyor Wil[iam D. Sessoms, Jr. ond Lour.ra M. Straylwrn Council Members Yoling Nay: None Council Members Absent: None Morch 25, 1997 -62- Itun V-L.7. PUBLIC HEARING ITEM # 41947 PLANNINC BY CONSENT Upan motion 6y Yece Mayor Sessoncs, seconded by Councilman Jones, City Council ADOPTED Ordi?rances upon application of MILLER OIL CO, INC. for c Conditionn! Chonge oj Zoning ond Conditionol Use Permit: ORDINANCE UPON APPLIGlTION OF MILI,ER 02 CO., INC. FOR A CNANGE OF ZONING DISTRlCT CLASSIFICrlTlON FROM B-1 TO CONDITIONAL B-2 Z03971069 BE IT HEREBY ORD.lINED BY THE COUNCIL OF THE C17Y OF VIRGINIA BErlCH, VIRGINIA Ordinnnce upon applicvtion of Miller Oil Co., Inc. jor o Clwnge of Zoning District Classification from B-l Neigh6orhood Business District to Conditional B-2 Canmunity Business District on certnin property located ae the soufhwest interaection ojLondon Bridge Road and Minor Lake Drive. Tlie propared mning classification change to Conditional B- 2 is for community 6usiness lond use. 7he Comprehensive Plan recommends use oj this parcel foi retail service use in accordance with otber plan policies. Said porcel contoins 2277 acres. PRlNCESS ANNE BOROUGN. The jollowing condition shall be required: AND, l. Agreement encompossing proJj'ers shall be recorded with the Clerk oj the Circuit Court and is hereby made o part of the record. ORDINANCE UPON APPLICATION OF MILLER DIL CO., INC. FOR A CONDITIONAL USE PERMIT FOR AN AUTOMOBILE SERVICE STATION AND A CAR WilSN R03972108 ' BE IT HEREBY ORDAINED BY TNE COUNCIL OF THE CI7Y OF VIRGINIA BEACH, VIRGINIA Ordinance upon application ojMiller Oi! Co., Inc. jor a Conditional Use Permif for an automo6ile service stolion and o car wash on cerlain property localed af the southwesl intersection oj London Bridge Road and Mirror Lake Drive. Said pnrcel contains 2277 acres. PRINCESS ANNE BOROUCH. The following conditions shall be required: 1. All delivery trucks and vans shall use the London Bridge Road entrance only. Delivery vehicles will not use the Mirror Lake Road entrance. Z All undeve[oped areas oj lhe property as shown on lhe proffered site plan shall be maintained as grass covered open space. 3. 7he building and canopy to 6t conslructed on the property sha11 be subslanlially similur in oppearonce lo the rendering entitled "Millers Mnr7 at Mirror Lake Drive ond London Rridge Road, Virginia Beech, Yrginia ", whicb has been uhihited lo the P'irginia Beach City Couneil and is on file with fhe Yrginia Beoch Deparbnent oj P/anning. March 25, 1997 ? :a 6 n ; O ? ? s -? ? n ? O ? y ? r. ? cD ? y H ? ? O Q ?. A ? ? O ? O ? n O ? 4 4 :3 H 4 S y'?7 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: MILLER INVESTMENT, LLC (Applicant & Owner), Modification of ProfFers of a Conditional Change of Zoning to B-2 Business, approved by City Council on March 25, 1997. 1817 London Bridge Road (GPIN 2405039515). Comprehensive Plan: Suburban Area. PRINCESS ANNE DISTRICT. MEETING DATE: May 14, 2013 ¦ Background: A Conditional Change of Zoning from B-1 Neighborhood Business District to B-2 Community Business District was granted by the City Council for this site in 1996. Subsequently, in 1998, the site was developed with a convenience store, fuel pumps, and a car wash, as proffered with the 1998 rezoning. The applicant is now requesting modification of the proffers of that rezoning for the purpose of constructing a drive- through window and associated stacking lane. The drive-through addition and its associated stacking lane were not shown on the plan proffered with the 1996 Change of Zoning; therefore, the applicant is seeking modifications of Proffers 1, 2, and 7 of that rezoning. Proffer 1 pertains to the site plan. Proffer 2 pertains to the building design. Proffer 7 prohibits any other business from operating on the site in addition to the convenience store, fuel sales, and car wash. The changes to the proffers that would allow the drive-through and the business that will sell its products from the existing store and provided at the end of this report. ¦ Considerations: The proposed changes to the site and building consist of the following: The drive-through window is proposed as a 5-foot by 10-foot (5'x10') addition to the south-facing side of the building. The exterior materials and colors of the addition will match the exterior of the existing building. • The drive-through will be accessed via a 12-foot wide stacking lane that begins 25 feet into the site at the Mirror Lane Drive access for the site. The stacking lane continues behind the building, with the inside edge of the lane 12 feet from the building. The lane then turns toward the south-facing side of the building, past the drive-through window, connecting with the existing parking lot at the entrance to the stacking lane for the car wash. The Department of Public Works / Traffic Engineering notes, based on a preliminary review, that the stacking lane is sufficient. • The outside edge of the stacking lane is adjacent to an existing grassed yard area that, at its greatest, is 85 feet, and at its least, 35 feet, from the lot line of the closest residential parcel. The applicant will install a six-foot high wood fence along the outside edge of the stacking lane and plant a row of evergreen trees directly behind the fence. Additionally, at the point where the outside edge of the Miller Investment, LLC Page 2 of 3 stacking lane is closest to the adjoining residential lot line, there will be three additional evergreens (10-foot high at planting). • A sign identifying the business using the drive-through will be installed on the front of the building on the left side of the wide fascia band of the building. Based on Staff's evaluation of the proposal, as presented in the attached staff report, Staff finds that the location of the location and type of inenu/ordering board, the location of the drive-through window, the length of the stacking lane and its location behind the building, and the screening provided by the fence and landscape plantings ensure continued compatibility of this development with the surrounding area, and in particular, the adjoining neighborhood. There was no opposition to the request. ¦ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request to the City Council with the following proffers: PROFFER 1: Proffer numbered 1 in the 1996 Proffers is deleted and replaced with the following: The existing development on the Property may be modified substantially as depicted on the exhibit entitled, `MILLER MART DRIVE-THRU ADDITION LONDON BRIDGE AND MIRROR LAKE DRIVE", dated 10/3/12, and prepared by JMT, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Modified Site Plan"). PROFFER 2: Proffer numbered 2 in the 1996 Proffers is modified and replaced with the following: The exterior of the convenience store and the canopy for the gasoline pumps and freestanding sign depicted on the Modified Site Plan shall be substantially similar in appearance to the elevations shown on the exhibits entitled "GAS-FOOD MART #58 MILLER OIL CO., London Bridge Rd. at Mirror Lake Drive, Virginia Beach, Virginia", prepared by Verebely & Associates Architects, dated December 17, 1996 and the "RENDERING DEPICTING 5'x10' Drive-Thru Addition", prepared by Michael Henry Architect, dated 10/19/2012 and the "NGSS DRIVE-THRU MENUBOARD WITH CLADDING AND SPEAKER ADDER" for Dunkin Brans dated 10-6-09, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter "Elevations"). PROFFER 3: Proffer numbered 7 in the 1996 Proffers is modified and replaced with the following: No business shall be permitted to operate on the premises in addition to gasoline sales in conjunction with a convenience store that includes a drive-thru for an in-store food service franchise and an automated car wash. Miller Investment, LLC Page 3 of 3 PROFFER 4: Except as expressly modified herein, the 1996 Proffers are hereby ratified, affirmed, and remain binding on the Property [staff note: 1996 proffers are provided on the following pages]. PROFFER 5: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. ¦ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: \2- 'ZWy't. PRINCE55 ANNE Nia 0>?x?10, Miller Investment LLC ? lA • ? R?0 e ? R7.5 R20 ??v? R40 \ o? , / '\?_ R40 \ ? ?? I \ ? •z«?.r?cww?.r?.n.n.q». yu?e Piomoll» o.YGY.t Onhy? ModNlcaUonolCondklons Dl April 10, 1013 Public Hearing APPLICANT AND PROPERTY OWNER: MILLER INVESTMENT, LLC STAFF PLANNER: Stephen J. White REQUEST: Modification of Conditional Chanqe of ZoninQ approved by the City Council in November 1996 ADDRESS / DESCRIPTION: 1817 London Bridge Road GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 24050395150000 PRINCESS ANNE 2.296 acres 70 to 75 dB DNL APPLICATION HISTORY: The Planning Commission deferred this request on February 13, 2013, at the request of the applicant. The applicant required additional time to revise the site plan to include a menu board, which was not considered when the application was submitted. BACKGROUND / DETAILS OF PROPOSAL A Conditional Change of Zoning from B-1 Neighborhood Business District to B-2 Community Business District was granted by the City Council for this site in 1996. Subsequently, in 1998, the site was developed with a convenience store, fuel pumps, and a car wash, as proffered with the 1998 rezoning. The applicant is now requesting modification of the proffers of that rezoning for the purpose of constructing a drive-through window and associated stacking lane. The drive-through window is proposed as a 5-foot by 10-foot (5'x10') addition to the south-facing side of the building. The exterior materials and colors of the addition will match the exterior of the existing building. The drive-through will be accessed via a 12-foot wide stacking lane that begins 25 feet into the site at the Mirror Lane Drive access for the site. The stacking lane continues behind the building, with the inside edge of the lane 12 feet from the building. The lane then turns toward the south- facing side of the building, past the drive-through window, connecting with the existing parking lot at the entrance to the stacking lane for the car wash. The Department of Public Works / Traffic Engineering notes, based on a preliminary review, that the stacking lane is sufficient. MILLER INVESTME'NT; LLC Agenda Item D1 Page 1 The outside edge of the stacking lane is adjacent to an existing grassed yard area that, at its greatest, is 85 feet, and at its least, 35 feet, from the lot line of the closest residential parcel. The applicant will install a six-foot high wood fence along the outside edge of the stacking lane and plant a row of evergreen trees directly behind the fence. Additionally, at the point where the outside edge of the stacking lane is closest to the adjoining residential lot line, there will be three additional evergreens (10-foot high at planting). A sign identifying the business using the drive-through will be installed on the front of the building on the left side of the wide fascia band of the building. The drive-through addition and its associated stacking lane were not shown on the plan proffered with the 1996 Change of Zoning; therefore, the applicant is seeking modifications of Proffers 1, 2, and 7 of that rezoning. Proffer 1 pertains to the site plan. Proffer 2 pertains to the building design. Proffer 7 prohibits any other business from operating on the site in addition to the convenience store, fuel sales, and car wash. The changes to the proffers that would allow the drive-through and the business that will sell its products from the existing store and provided at the end of this report. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: convenience store, fuel pumps, and a car wash SURROUNDING LAND North: . London Bridge Road USE AND ZONING: . Agriculture (cropland) / R-20 Residential District • Mirror Lake Drive • Retail shopping strip / B-1 Neighborhood Business District South: . Commercial Childcare Center / B-1 Neighborhood Business District East: . London Bridge Road • Agriculture (cropland) / R-20 Residential District ? West: . Mirror Lake Drive • Recreational Area and Single-family dwellings / R-7.5 Residential District NATURAL RESOURCE AND The site is developed. Maintained grass lawn areas, shrubs, and trees CULTURAL FEATURES: are located throughout the site. There are no known significant features on the site. COMPREHENSIVE PLAN: The Comprehensive Plan designates this site as being in the Suburban Area and just south of Special Economic Growth Area 3, South Oceana. The general planning principles for the Suburban Area focus on preserving and protecting the overall character, economic value, aesthetic quality of the stable neighborhoods. The Special Area Development Guidelines, part of the Comprehensive Plan's Reference Handbook Document, includes design recommendations for the Suburban Areas addressing both site and building design. One of the most relevant design guideline to this application is the recommendation that commercial uses that adjoin areas planned for residential uses should employ effective landscape design techniques, including the placement of appropriate plant materials to buffer or screen such uses. Screening may include fences, walls, berms, hedgerows and massing of plant material. MILLER INVES-1rMEiVT;``1LLC Agenda Iter? D1 Pa,ge 2 IMPACT ON CITY SERVICES Based on comments received from reviewing agencies, there are no direct impacts on City services as a result of the addition of a drive-through to the existing building. EVALUATION AND RECOMMENDATION Staff finds that the proposed addition of a drive-through to the existing building on the subject site for the purpose of selling prepared-food products will have no detrimental effect on the surrounding area and is consistent with the recommendations of the Comprehensive Plan as they apply to the proposed use and the site design changes. The drive-through addition and its associated stacking lane were not shown on the plan proffered with the 1996 Change of Zoning that allowed the current development of the site. The applicant, therefore, is seeking modifications of Proffers 1, 2, and 7 of that rezoning. Proffer 1 pertains to the site plan. Proffer 2 pertains to the building design. Proffer 7 prohibits any other business from operating on the site in addition to the convenience store, fuel sales, and car wash. Staff finds that the location of the location and type of inenu/ordering board, the location of the drive-through window, the length of the stacking lane and its location behind the building, and the screening provided by the fence and landscape plantings ensure continued compatibility of this development with the surrounding area, and in particular, the adjoining neighborhood. Staff recommends approval of this request with the proffers, as modified. The modified proffers are provided below. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: Proffer numbered 1 in the 1996 Proffers is deleted and replaced with the following: The existing development on the Property may be modified substantially as depicted on the exhibit entitled, `MILLER MART DRIVE-THRU ADDITION LONDON BRIDGE AND MIRROR LAKE DRIVE", dated 10/3/12, and prepared by JMT, which has been exhibited to the Virginia Beach City Council and is on file with the ` ' MILLER INVESTMENT;`t1C Agenda Iteri), D1 Page 3 Virginia Beach Department of Planning (hereinafter "Modified Site Plan"). PROFFER 2: Proffer numbered 2 in the 1996 Proffers is modified and replaced with the following: The exterior of the convenience store and the canopy for the gasoline pumps and freestanding sign depicted on the Modified Site Plan shall be substantially similar in appearance to the elevations shown on the exhibits entitled GAS-FOOD MART #58 MILLER OIL CO., London Bridge Rd. at Mirror Lake Drive, Virginia Beach, Virginia°, prepared by Verebely & Associates Architects, dated December 17, 1996 and the "RENDERING DEPICTING 5'x10' Drive-Thru Addition", prepared by Michael Henry Architect, dated 10/19/2012 and the "NGSS DRIVE-THRU MENUBOARD WITH CLADDING AND SPEAKER ADDER" for Dunkin Brans dated 10-6-09, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter "Elevations"). PROFFER 3: Proffer numbered 7 in the 1996 Proffers is modified and replaced with the following: No business shall be permitted to operate on the premises in addition to gasoline sales in conjunction with a convenience store that includes a drive-thru for an in-store food service franchise and an automated car wash. PROFFER 4: Except as expressly modified herein, the 1996 Proffers are hereby ratified, affirmed, and remain binding on the Property [staff note: 1996 proffers are provided on the following pages]. PROFFER 5: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. STAFF COMMENTS: The proffers listed above are acceptable. The proffers ensure the site and the building will be modified only as shown on the site plan and building rendering within this report, which will provide continued compatibility of fhe uses on this site with the adjoining residential community. The City Attorney's Office has reviewed the proffer agreement dated October 29, 2012, and found it to be legally sufficient and in acceptable legal form. NOTE: Further conditions may be required during the administration of applicab/e City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site p/an review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of P/anning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certiricate of Occupancy, are required before any uses allowed by this Change of Zoning are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. MILLER INVESTMEIVT; Agenda Item D1 Pa4e 4 1996 PROFFERS 1. When the Property is developed, it shall be developed substantially as shown on the exhibit entitled "MILLER MART AT LONDON BRTDGE AND MIRROR LAKE DRIVE", prepared by The Spectra Group, dated 6/24196, which has been eahibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Site Plan"). 2. The exterior of the convenience store and the canopy for the gasoline pumps and freestanding sign depicted on the Site Plan shall be substantially similar in appearance to the elevations shown on the exhibit entitled "GAS-FOOD MART #58, MILLER OIL CO., London Sridge Rd at Mirror Lake Drive, Virginia Seach, Virginia", prepared by Verebely & Associates Architects, dated December 17, 1996, which has been eahibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Elevation"). 3. The car wash depicted on the Site Plan shall have the same architectural design, and appearance as the convenience store and canopy depicted on the Ellevation. 9. The primary building material used to construct visible exterior surfaces of the convenience store and the car wash as depicted on the Site Plan shall be colonial red colored brick with the roofs of the convenience store, car wash and canopy to be covered with cedar shake shingles. 5. Other than signage which may contain "trademark" colors all structures depicted on the Site Plan shall utilize earth tone color schemes consistent with the abundance of proffered landscapinq and greeiy space. 6.All outdoor lighting shall be shielded, deflected, shadec7 and focused to direct light onto the premises and away from adjoining property. This proffer is being deleted and replaced with Proffer 1, which is provided above on Page 3 This proffer is being modified and replaced with Proffer 2, which is provided above on Page 4 MILLER INV?slrMENT,;.LLC Agenda Iterp D1 Pa?e 5 7. No business shall be permitted to operate on the This proffer is being modified and replaced premises in addition to gasoline sales in conjunction with a with Proffer 3, which is provided above on convenience store and an automated car wash. Page 3 8. The only uses which will be permitted }n nlace of gasoline sales in conjunction with a convenience store and a car wash are: a) Husiness studios, offices and clinics; b) Financial institutions; c) Medical and dental offices; d) Public buildings and grounds. MILLER INVEOMIEidT, ALC Agenda IterD1 Page 6 AERIAL OF SITE LO MILLER I H I II ON genda Item D1 Page 7 ? A I• V Y II ? C Y e? _ oN? r 2d- *?? _, . . ? ?r • .?;s, s I .? i fx^: i ,?ti? ?d °, ?"?' ? s . ? J ? . . . . ? . £??'))eu? ? 9 . . iV II i g? 9 . i I i 341a0 3NV7 aoaain I 41 - , 0 -- , s 4 ..? k§i C h L ' ? .. - --- - ------- • .CY?e 1 ? ?? ? j ? ! 1 ? I I ? 1 II ;a.., ??. ,a. .? ? ( I 3 I 5 ?'I PROPOSED SITE PLAN MILLER I a Item D1 Page 8 ? - y? P ? S ^NS e?. ? i ? ._. 0 O Oa KM ,E w OY mW D a Z a W N ?T f = mS ? Q F C'1 117 ? 0 U > ?O a'g0 N ? N F ? ? i3a W ? tll . ? ELEVATION DRAWING OF MENU & ORDERING BOARD .? ? z oa E? o= o? am ? a x ., ?u ? >5 oLL o a x m o O ? o U w a? w Q O r V ? 2 ry2 n W w O ? W f K RENDERING OF BUILDING SHOWING ADDITION ? I ZONING HISTORY # DATE REQUEST ACTION 1 08/11/2009 Conditional Use Permit (Religious Facilit Approved 2 10/24/2000 Change of Zoning (B-1 Business to Conditional B-1A Business) Approved ? ? F? r'?1I V ? ? ? ? O ? ? ? O V w O ? O It ? V ?y ? ? 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) Miller Investment, LLC: Augustus C. Miller, Managing and Sole Member 2. List all businesses that have a parent-subsidiary' or affiliated business entityz relationship wfth 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 {rom 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 offtcers, 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) O Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes Modificatbn of CondHbns Applicatbn Pege 10 ot 17 Revised 9/12004 DISCLOSURE STATEMENT • y ,...' .. . .. MILLER INVES.TMEiVT,'.?.LC Agenda Iter*4 D1 Page, 12 11 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List ali 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) JMT - Civil Engineer Michael Henry, Architect R. Edward Bourdon, Jr., Esquire '"Parent-subsidiary relationship° means "a relationship that exists when one corporation direcUy or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Govemment 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 othervvise a close worcing relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I cert+fy 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, 1 am responsible for obtaining and posting the required sign o the subject property at least 30 days prior to the scheduled public hearing accord g to the i structions in this package. Millee? v stme ` Augustus C. Miller, Mg. Member ? nPs ignatp rt Name ? ?---- G-C? ?- Prope y Owner's Signature (if different than applicant) Print Name ModiFketlon of Condiiions Application Page 11 of 11 Revised 9/12004 ? ? ? V ? ? ? ? O ?i ? O V ? O ? O ?N ? V w A ? ? DISCLOSURE STATEMENT MILLER INVESTMENT, JLC Agenda Iterrl D1 Pag'e 13 Item #D-1 Miller Investment, L.L.C. Modification of Proffers 1817 London Bridge Road District 7 Princess Anne April 10, 2013 CONSENT An application of Miller Investment, L.L.C. for a Modification of Conditional Change of Zoning approved by the City Council in November 1996 on property located at 1817 London Bridge Road, District 7, Princess Anne. GPIN: 24050395150000 PROFFERS PROFFER 1: Proffer numbered 1 in the 1996 Proffers is deleted and replaced with the following: The existing development on the Property may be modified substantially as depicted on the exhibit entitled, `MILLER MART DRIVE-THRU ADDITION LONDON BRIDGE AND MIRROR LAKE DRIVE", dated 10/3/12, and prepared by JMT, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Modified Site Plan"). PROFFER 2: Proffer numbered 2 in the 1996 Proffers is modified and replaced with the following: The exterior of the convenience store and the canopy for the gasoline pumps and freestanding sign depicted on the Modified Site Plan shall be substantially similar in appearance to the elevations shown on the exhibits entitled "GAS-FOOD MART #58 MILLER OIL CO., London Bridge Rd. at Mirror Lake Drive, Virginia Beach, Virginia", prepared by Verebely & Associates Architects, dated December 17, 1996 and the "RENDERING DEPICTING 5'x10' Drive-Thru Addition", prepared by Michael Henry Architect, dated 10/19/2012 and the "NGSS DRIVE-THRU MENUBOARD WITH CLADDING AND SPEAKER ADDER" for Dunkin Brands dated 10-6-09, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter "Elevations"). PROFFER 3: Proffer numbered 7 in the 1996 Proffers is modified and replaced with the following: No business shall be permitted to operate on the premises in addition to gasoline sales in conjunction with a convenience store that includes a drive-thru for an in-store food service franchise and an automated car wash. Item #D-1 Miller Investment, L.L.C. Page 2 PROFFER 4: Except as expressly modified herein, the 1996 Proffers are hereby ratified, affirmed, and remain binding on the Property. AYE 10 NAY 0 BERNAS AYE FELTON HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE ABS 0 ABSENT 1 ABSENT By a vote of 10-0, the Commission approved item D-1 by consent. Eddie Bourdon appeared before the Commission on behalf of the applicant. ?N?? L GI?41A B?Ac? ? ?oF ?UR ti NP???N In Reply Refer To Our File No. DF-8525 TO: Mark D. Stiles ? FROM: B. Kay Wilso CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE DATE: May 2, 2013 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; Milier Investment, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on May 14, 2013. I have reviewed the subject proffer agreement, dated October 29, 2012 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: Kathleen Hassen FIRST AMENDMENT TO PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS MILLER INVESTMENT, LLC, a Virginia limited liability company TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 29th day of October, 2012, by and between MILLER INVESTMENT, LLC, a Virginia limited liability company, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, the Grantor is the owner of that certain parcel of property located in the Princess Anne District of the City of Virginia Beach, Virginia, containing a total of approximately 2.296 acres, which are more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference, said parcels are hereinafter collectively referred to as the "Property"; and WHEREAS, the Grantor has initiated a modification to a conditional amendment to the Zoning Map of the City of Virginia Beach, by petition addressed to the Grantee so as to modify conditions to the Zoning Classification of the Property; and WHEREAS, the Grantor has requested Grantee to permit this modification of the previously Proffered Covenants, Restrictions and Conditions dated November 15, 1996 and recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 3721, at Page o642 (hereinafter "1996 Proffers"), to reflect amendments applicable to the land use plan on the Property; and GPIN: 2405-03-9515 Prepared By: R. Edward Bourdon, Jr., Esquire Sylces, Bourdon, Ahern & Levy, P.C. 281 Independence Blvd. Pembroke One, Fifth Floor Virginia Beach, Virginia 23462 VSB #zzi6o 1 WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantor's proposed modification of conditions to the zoning gives rise; and WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed modification to the existing zoning conditions with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted, which conditions have a reasonable relation to the proposed modification and the need for which is generated by the proposed modification. NOW, THEREFORE, the Grantor, its successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid ?ro _quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. Proffer numbered i in the 1996 Proffers is deleted and replaced with the following: i. The existing development on the Property may be modified substantially as depicted on the exhibit entitled, `MILLER MART DRIVE- THRU ADDITION LONDON BRIDGE AND MIRROR LAKE DRIVE", dated 10/3/12, and prepared by JMT, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Modified Site Plan"). 2 2. Proffer numbered 2 in the 1996 Proffers is modified and replaced with the following: 2. The exterior of the convenience store and the canopy for the gasoline pumps and freestanding sign depicted on the Modified Site Plan shall be substantially similar in appearance to the elevations shown on the exhibits entitled "GAS-FOOD MART #58 MILER OIL CO., London Bridge Rd. at Mirror Lake Drive, Virginia Beach, Virginia", prepared by Verebely & Associates Architects, dated December 17, 1996; the "RENDERING DEPICTING 5' x io' Drive-Thru Addition", prepared by Michael Henry Architect, dated 10/19/2012 and the "NGSS DRIVE-THRU MENUBOARD WITH CLADDING AND SPEAKER ADDER" For Dunkin Brands dated io-16- og, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (hereinafter "Elevations"). 3. Proffered numbered 7 in the 1996 Proffers is modified and replaced with the following: 7. No business shall be permitted to operate on the premises in addition to gasoline sales in conjunction with a convenience store that includes a drive- thru for an in-store food service franchise and an automated car wash. 4. Except as expressly modified herein, the 1996 Proffers are hereby ratified, affirmed, and remain binding upon the Property. 5. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of 3 recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 195o, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantors and the Grantee. 4 WITNESS the following signature and seal: Grantor: Miller Investment, LLC, a Virginia limited liability company ? By:g??'????'? l ?l_??.?/ L A??gustus C. Miller, Managing Member / ~ STATE OF VIRGINI `1 ? ? , )16 CITY/COUNTY OF , to-wit: The foregoing instrument was acknowledged before me this day of October, 2012, by Augustus C. Miller, Managing Member of Miller Investment, LLC, a Virginia limited liability company, Grantor. <e ...?,.. gublic My Commissio ??e ? lb` May 31, 2014 q ;,.',?,' My Commission Expires: Notary Registration Number• ?, ' f `' " •'; ` ? .:'• •;;., 5 EXHIBIT "A" LEGAL DESCRIPTION ALL THAT lot, piece or parcel of land, and any improvements thereon, known, numbered and designated as "Parcel C-iA, 2.296 AC." as shown on that certain plat entitled "Subdivision of Parcel C-i, Plat Showing Property to be Dedicated to Virginia Beach, by WAFAT PROPERTIES, a North Carolina limited partnership, D.B. 2405, P. 14o6, Scale: i" = 40'," dated September 18, 1985, made by Stephen I Boone & Associates, P.C., which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 2451, at Page i529• LESS AND EXCEPT that certain piece or parcel of land containing 805.645 square feet conveyed to the City of Virginia Beach for road widening purposes by Deed recorded in the afore referenced Clerk's Office in Deed Book 38oi, at Page 2064. GPIN: 2405-03-9515 \\Sykesw2k\users\AM\Mod of Proffers\Miller Investment\ist Amendinent to Proffers.doc 6 - 37- Item VI-J.2. PLANNING ITEM # 52883 (Coniinued) Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice MayorLouis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Cauncil Members Yoting Nay: None Council Members Absent: None August 10, 2004 -36- Item VI-J.2. PLANNING ITEM # 52883 Upon motion by Vice Mayar Jones, seconded by Councilman Schmidt, City Council ADOPTED an Ordinance upon application ofMARRILYNL. DAVISfor a Conditional UsePermit for u home occupation (daycare). ORDINANCE UPONAPPLICATIONOFMARRILYNL. DAVISFOR A CONDITIONAL USE PERMIT FOR A HOME OCCUPATION (DAYCARE) R080431184 BE IT HEREBY ORDAINED BY THE CO UNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of Marrilyn L. Davis for a Conditional Use Permit for a home occupation (daycare) on property located at 1431 Glenwood Links Lane (GPIN 14750003850000). DISTRICT 1- CENTERVILLE The following conditions shall be required: 1. The family day care shall be limited to a total of ten (10) children during a single 24-hour period. Of the ten (10) children, no more than five (5) may be under the age of two and one half (2-112) years old. 2. There shall be no signs anywhere on the property advertising the Family Day Care. 3. Parkingfor eustomers and employees shall be met on the site and not on the public street. 4. The applicant shall obtain all necessarypermits and inspections required by the Fire Department, Social Services and Permits and Inspections Division of the Planning Department before obtaining a business license. 5. The applicant shall maintain a Family Day Care license with the Canmonwealth of Virginia (Social Services). Failure to maintain a Family Day Care license shall result in revocation of the use permit far family day care. This Ordinance shall be effective in accordance with Section 107 (n of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the IOth ofAugust, Two Thousand Four August 10, 2004 ? N a O O g ? c - o ? ?o o: • ;; ?o ? y +?^ O -+. eb ? ? y H ? v ? ti Q Q v. W 0 :3 0 -? c? 0 :3 Q ,.. ? ... 0 ? y ld P04 , CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: MARRILYN DAVIS (Applicant & Owner), Modification of Conditions of a Use Permit for Family Daycare Home approved on August 10, 2004. 1432 Glenwood Links Lane (GPIN 1475000385) CENTERVILLE DISTRICT. MEETING DATE: May 14, 2013 ¦ Background: A Conditional Use Permit permitting a Family Daycare Home was approved by the City Council on August 10, 2004 The Conditional Use Permit (CUP) has five conditions, which are listed at the end of the attached staff report. Condition 1 limits the applicant to caring for a maximum of ten children. The applicant has recently been asked to care for two additional children. These additional children are siblings of children she currently cares for. This would increase her total to twelve children, which exceeds the ten children maximum set by Condition 1 of the 2004 Use Permit; therefore, the applicant requests to modify Condition 1 to allow for a maximum of twelve children to be cared for at one time. ¦ Considerations: The subject site is occupied by the principal dwelling, an in-ground pool, shed, deck, and play area. The applicant has installed temporary shade structures near the pool as well as in the play area. The entire backyard is fenced in with an eight-foot tall white privacy fence. The deck and play area are also completely fenced off from the rest of the backyard area including the in-ground pool. Children begin to be dropped off at 7:00 a.m. and are picked up by 6:00 p.m. The applicant cares for the children during the school year, as well as over the summer. Parents use the driveway to park when dropping off and picking up children. There are no more than three vehicles at a time in the drive-way or waiting on the street to pull up. Staff, however, has included Condition 3 regarding the staggering of pick-up and drop- off to avoid congestion on the cul-de-sac of Glenwood Links Lane. There was no opposition to the request. ¦ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of this request to the City Council with the following conditions: 1. All conditions with the exception of Number 1 attached to the Conditional Use Permit granted by the City Council on August 1 0th, 2004 remain in effect. Marrilyn Davis Page2of2 2. Condition Number 1 of the August 10th, 2004 Conditional Use Permit is deleted and replaced with the following: The family day care shall be limited to a total of twelve (12) children during a single 24-hour period. 3. The applicant shall stagger the arrival and departure times for children such that vehicular congestion is avoided. 4. All barrier requirements established by the Virginia Administrative Code and Virginia Department of Social Services pertaining to the pool, outdoor play area, and driveway shall be met. ¦ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting DepartmenUAgency: Planning Department City Manager: v 7??'''l CE NTERV ILLE A1'? u"e Marrili-n Davis P1' cHesTFRere J ? 6- ? ?i k •, S \. ' 8 \ Y. R10? Y ? _ IO ?. 7 ? . •'L f ,_A fZ %, R14? -, 'Ial? wM C WNiamNMM. Op.. AbdNlcaUon of Condltlons 12 April 10, 2013 Public Hearing APPLICANT: MARRILYN DAVIS PROPERTY OWNERS: WILLIMBER AND MARRI LYN DAVIS STAFF PLANNER: Kristine Gay REQUEST: Modification of a Conditional Use Permit for Family Day Care, Home Occupation - approved by the City Council on August 10 , 2004 ADDRESS / DESCRIPTION: 1432 Glenwood Links Lane GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14750003850000 CENTERVILLE 13,772 square feet Less than 65 d6 DNL BACKGROUND / DETAILS OF PROPOSAL The Conditional Use Permit permitting the home occupation of a Family Day Care was approved by the City Council on August 10, 2004 The Conditional Use Permit (CUP) has five conditions. These conditions are included in a copy of the original Approval Letter at the end of this report. Condition 1 limits the applicant to caring for a maximum of ten children. The applicant has recently been asked to care for two additional children. These additional children are siblings of children she currently cares for. This would increase her total to twelve children which exceeds the ten children maximum set by Condition 1; therefor, the applicant requests to modify Condition 1 to allow for a maximum of twelve children to be cared for at one time. Since the time of the original Conditional Use Permit, the subject site has been improved to include an in- ground pool, shed, and play area. Located in the center of the lot, is the single-family dwelling. As the site aerials show, in the backyard, there is a large in-ground pool and patio located north of the attached garage portion of the dwelling. Beyond the pool in the northern lot corner is a large shed structure. Abutting the back facade of the dwelling is a deck roughly 18' x 12' in size. To the southwest of the deCk, MARRILYIV D'AVIS Agenda Item 12 Page 1 is the mulched play area. The applicant has installed temporary shade structures near the pool as well as in the play area. The entire backyard is fenced in with an eight-foot tall white privacy fence. The deck and play area are also completely fenced off from the rest of the backyard area including the in-ground pool. During the time of application for the original Conditional Use Permit, the applicant was in the process of being licensed by the Department of Social Services (DSS). The applicant is now fully licensed by the DSS and is in good standing. The applicant has not requested to change the hours of operation as originally conditioned. Children begin to be dropped off at 7:00 a.m. and are picked up by 6:00 p.m. The applicant cares for the children during the school year, as well as over the summer. Parents use the driveway to park when dropping off and picking up children. There are no more than three vehicles at a time in the drive-way or waiting on the street to pull up. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Single-Family Residential SURROUNDING LAND North: . Single-family homes / R-5D Residential District USE AND ZONING: South: 0 Single-family homes / R-10 Residential District East: . Single-family homes / R-10 Residential District West: . Single-family homes / R-10 Residential District NATURAL RESOURCE AND The site is relatively flat and grassy. There is foundation landscaping in CULTURAL FEATURES: the front yard, and minimal landscaping in the rear. The southwest portion of the lot, north of the play area was heavily saturated the day of site-visits. Just outside the northeast back lot corner, a stormwater line terminates. COMPREHENSIVE PLAN: The Comprehensive Plan defines the area of which the subject site is located as a Suburban Area. To maintain the stability of Suburban Areas, the Comprehensive Plan recommends the preservation of neighborhood quality, the creation and protection of open spaces, and the connection of suburban mobility. Compatible infill development, quality materials, attractive site and building design, improved mobility, residential buffering, and environmental sensitivity are all suggested by the Comprehensive Plan. IMPACT ON CITY SERVICES Based on comments from City agencies pertaining to this request, there is no direct impact on City services as a result of the applicant's proposal. MARRiLY#V DAVIS Agenda Iter» 12 Page 2 EVALUATION AND RECOMMENDATION The applicant would like to increase the number of children she cares for from ten to twelve. This requires a Modification of her original Conditional Use Permit from August 10th, 2004. The site has been improved to include a mulched play area, permanent shed structure, and a large in-ground pool. While the hours of operation approved in the original CUP will remain, Staff has included Condition 3 regarding the staggering of pick-up and drop-off to avoid congestion on the cul-de-sac of Glenwood Links Lane. The in-ground pool must meet the barrier requirements of the 2009 Virginia Residential Code by having a barrier higher than 48-inches above grade, self-latching and self-closing devices, and protection on any doorways of the home which directly access the fenced-in pool area. The pool must also meet the requirements of the Virginia Administrative Code (VAC) as it applies to the regulation of Family Daycare Homes by the Department of Social Services (DSS) by being further than 30 feet from the reserved play area for children as well as being fenced-in. It appears as though the applicant meets these requirements by having the play area and deck completely fenced off, as well as by locating the play area more than 30 feet away from the pool. Staff has included Condition 4 to reinforce that these requirements be met. Based on the above and the proposal's consistency with the Comprehensive Plan, Staff recommends approval of this requested modification, as conditioned below. CONDITIONS 1. All conditions with the exception of Number 1 attached to the Conditional Use Permit granted by the City Council on August 10th,2004 remain in affect. 2. Condition Number 1 of the August 10th, 2004 Conditional Use Permit is deleted and replaced with the following: The family day care shall be limited to a total of twelve (12) children during a single 24-hour period. 3. The applicant shall stagger the arrival and departure times for children such that vehicular congestion is avoided. 4. All barrier requirements established by the Virginia Administrative Code and Virginia Department of Social Services pertaining to the pool, outdoor play area, and driveway shall be met. 1RRiLYIVVD?ViS Agenda Item' 12 Pa§e 3 NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site p/an submitted with this application may require revision during detailed site p/an review to meef all applicable City Codes and Standards. AlI applicable permits required by the City Code, including those administered by the Departmenf of P/anning / Deve/opment Services Center and Department of P/anning / Permits and /nspections Division, and the issuance of a Certiricate 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 wifhin the Police Departmenf for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and sfrategies as they pertain to this site. . MAR .RiLYN DAVI.? Agenda Itet?t 12 Page 4 AERIALS OF SITE LOCATION I ?Li;l.??i 16.2t%42 . .wrssyr??h:pw•+t•,n»wun.4i.p1.1 ?i14 I.n?s wd MAr rd. 0i tMr M?+??*N Ne 4r ?Anwn o? IAi. pLl Ifie ??i1?.R?4 Naad .kiopr rNYi. tk? ailfr I?nn ?wd ?4ur arr ru, rn.ir?a?hm? ??` .O?kdinRr urlh+.M• Mopeilr, n?iPl s. Mr?ww ,?, T+" ` !? I v P04N E? ,''? .Y;` •??>?t 9?p ? ,, N k 0% JN ({ +4$ r A?B gURV£ aa? 47 ; •? " t i$ 1? ?'? ~• RS? 6 1 1 , , ?? +aaaq C,'x' 3?•. • 1 z ?' 46 ?`• ? ?• y?,? ?'` ; ? ? ? GLEN WOOD LINKS k.ANE c?o NWJITM'?r M?'LY?: ri7/ALLMEE IP?I 3 'XteHSi' 4lA]eA pCaC Aa yc?w ? wn?r:n.kw a,o]oMF47PVLE rsWaR.w u+r rew re o.r d w. ?era I rqrn nas va r wu rwraaaw ?r?.ou+ na ?xr+t? •w ? rvtl's ?lf?CM'? /iDllaM 04 W1?AID!' MD?? ua w.!tefe 4 nns V*IK?kY ?+ltl?!w"?`+ PHYSlCAI, SURVEY pF io747, rLEn+wooo LrUtts FQR ""wi WiLUMBER J. DAViS APtD MARRILYN L. DAVtS VARGthlllt BEAGH_ V112?',?NU1 ai:N.C .`-7? A1,Y.'»'.'ST 16 2W2 ,lQHN E. SlRIME AND ASSCICIATES, LTfl. SuRVE1OkS • kNCiAE:-.W- • Pi.Ar,^tE-_. t??ir_,•.n E_?.. ,. , I ? I SUBMITTED SITE PLAN ? genda Item 12 Page 6 ? U Z y =? t 4-s ' SITE PHOTOS ?wmr? en??? t.ab, ??04&? far1 ? ? 44r"9",YAlW5W11 City of Viiginia Beach Dqmrvmar gfFhnrrlxV " ?? r?Jqra)j7$.W? Augu8t 10, 2004 This is to rx.,tify you that #he V'rgirNa 8each City CounMCll, at Ns Fortirxal 3?esslcm on August 10. 2004: APPROVEiC1JG4MDITiONED. 8Y CONSENT, ApPliceffion of MARRII-YN L DAVIS fbr a Condfflorrai Use Pamtit ior a home accupoMon (deycare) ai 1432 Glenwood Llnks Lanre (DfSTFUCT 1- CENTERVILLE), au*ct ta: _ t, The fatrly day care ahoM be lirr?ited t,o aUtpt crf ten (10) children dvring a siing6e 24- haur perlcxi. Of iihe !on (10) chadren, no mxxa then flwe (6) may be under the age of buwo md rane hatf (2-112) years c?id_ 2, Tt?ere shQN be rtiv signs anywFrare an the proprty advertising 1ha Farnlly Day Cwa. 3. ParKlrog br custamws and emp"es $hall k>e met on tfe sfte and rro# on the pubiic etreet. 4. The appkant shall obtain all novessary pwmits and inepert+om requKed by the FWe aeparbmnt, Social! Serykes and Psrmtts arrtd Invodlons DMsiori of #he Rlanning [3epartrntant laefore obtairnrig a buairmss 14c7errse. 5, The appkant $hall maintam a familj?-day cam Gc:Anee wrth the Comrrmuuealdt ot VkvBinl? (SociaI Serrices). Fallur$ to malntaln a famlly+day cam lic;enea shedl nesuft in ravoraation o( de u$e parnWt for iarnky day cer+e. Funtriar conciftbras nay be nequirod durktg tha adminlstrakrr of appl{cable Cily C?r+d-msnces: The eite ptan s"ittad wifh #his candWwal tm perrM may reqtirr* reAalon ttuft GetoW oNa plan raview ta rneek all appk%able C+ty Godea_ C;or,dl;ona1 u,ge perrtft rnuat be aouated wittrin 12 monthe vi 04 Cauncll approval_ See fiecfivn 22p(g) of the 04 ZonWg Orciinancx for further Irformatian. A11 apPi?cable permits requireci by the City Code, irKJud[ing thoss adrrrinlstered by the Deperdment of Plenning ! DeweOamwrtt Serv+lvee Center and Department of Plannlrg i Pormits and Inspectiarrs [7hek0vn, and the Musnt:e of a Cerf?Cate of Oocu . arc rogWred befone this Coa7MoniM Use PemM is valid, ORIGINAL CONDITIONS MARRiLYN DAVI$ Agenda Item 12 Pa,ge 8 ZONING HISTORY There have been no additional zoning applications submitted in this area. MARRILYN D?VIS Agenda Item 12 Page 9 ? ? 1?1 ? ? ? ? ? O ? ? ? ? V ? r? a ? I?y A O ? DISCL.OSURE STATEMEW 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 entityZ relationship with the applicant: (Attach list if necessary) hm,p'lP. l? 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 fiom applicarrt_ 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) a r ? 2. tist all businesses that have a parent-subsidiary' or affiliated business entiiy2 relationship with the applicant: (Attach list if necessary) 1) (A ?Check here if the properry owner is NOT a corporation, partnership, frm, business, or other unincorporated organization. & See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes No iicial If yes, what is the name of ti?e or employee and the nature of their interest? Modification of Conditiorre Appllcation Pasae 10 of 71 DISCLOSURE STATEMENT MARRILYN D_?,?V1S Agenda Item 12 Page 10 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 enother corporation." See State and Local Govemment 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 entiry, or (iii) there is shared management or control behveen the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities.° See State and Local Govemment Conflict of lnterests Act, Va. Code § 2.2-3101. CERTIFICATION: I certity mat the information conhained 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 aJ?o consents to entry upon tfie subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this applicaBon. 4a 0-1. ly ,? L Print Name LfGrnel ic?me Property Owne's S nature (if different than applicant) Print Namb Modificetion of Conditions Application Peae 11 of 11 ? 0 ? ? V ? ? ? ? C> ? !?1 O V ? O ? ? ? ? O ? DISCLOSURE STATEMENT MARRILYN aAVl$ Agenda Item 12 Page 11 Item #12 Marrilyn Davis Modification of Conditions 1432 Glenwood Links Lane District 1 Centerville April 10, 2013 CONSENT An application of Marrilyn Davis for a Modification of a Conditional Use Permit for Family Day Care, Home Occupation - approved by the City Council on August 10th, 2004 on property located at 1432 Glenwood Links Lane, District 1, Centerville. GPIN: 14750003850000. CONSENT 1. All conditions with the exception of Number 1 attached to the Conditional Use Permit granted by the City Council on August 10th, 2004 remain in affect. 2. Condition Number 1 of the August 10th, 2004 Conditional Use Permit is deleted and replaced with the following: The family day care shall be limited to a total of twelve (12) children during a single 24-hour period. 3. The applicant shall stagger the arrival and departure times for children such that vehicular congestion is avoided. 4. All barrier requirements established by the Virginia Administrative Code and Virginia Department of Social Services pertaining to the pool, outdoor play area, and driveway shall be met. NOTE: Further conditions may be required during the administrafion of applicable City Ordinances and Standards. Any sife plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Sfandards. All applicable permits required by the City Code, including those administered by the Departmenf 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 Departmenf for crime prevention fechniques and Crime Prevention Through Environmenfal Design (CPTED) concepfs and strategies as they pertain to this site. Item #12 Marrilyn Davis Page 2 AYE 10 NAY 0 BERNAS AYE FELTON HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUCINSK AYE RUSSO AYE THORNTON AYE ABS 0 ABSENT 1 ABSENT By a vote of 10-0, the Commission approved item 12 by consent. The applicant Marrilyn Davis appeared before the Commission. r? N n G A_ ?? o? o? o? _o a? .? Q? ? y I?.a ?` ? ? d ? ? ?y :1 . qf ?V N ti n ? ? 3 ? ? ? ? 0 ? a ? ? ro ? ? 'm a ,? ,_ , r ? ? r . `wy CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: C AND C DEVELOPMENT CO., INC. (Applicant)/ATRIA PROPERTIES, LLC (Owner), Special Exception for Alternative Compliance to the Oceanfront Resort District Form- Based Code. 429 20t Street (GPIN 2427072967). BEACH DISTRICT. MEETING DATE: May 14, 2013 ¦ Background: The applicant requests a Special Exception for Alternative Compliance to the Oceanfront Resort District (ORD) Form-Based Code (FBC). The applicant's request is to erect five detached single-family residential houses on the subject parcel. Per the FBC, the subject site is located on the corner of two Beach Frontage Street Types. The intent of the Beach Frontage is to facilitate high pedestrian activity from residential areas to the beach. The Beach Frontage allows five of the six Building Types; this includes Mixed- Use, Apartment, Row House, Detached House, and Civic Building Types. The units the applicant proposes for this site, best fit the Detached House Building Type. The ORD FBC allows single-family residential use within the Row House and Detached House Building Types. Though the proposed houses are detached, the houses do not meet the `Lot' and `Placement' Properties for the Detached House Type as specified in Section 2.3 of the ORD FBC. The Properties for the Detached Building Type call for each Detached House Type to be situated on one fee-simple lot in accordance with certain dimensional requirements. Since the applicanYs proposal does not meet the requirements of the FBC, the applicant is requesting a Special Exception for Alternative Compliance to the Form-Based Code. ¦ Considerations: The applicant proposes development of the site with five single-family homes. Along the Baltic Avenue frontage, there will be three houses. On the 20th Street frontage and the alley frontage, there will be one house on each, The rear of each house faces in toward the center of the lot, and together, the houses surround the interior area, which is designated on the plan for vehicular circulation and parking. The one point of vehicular access to the site will be located on the alley. To improve access to the alley, the applicant has proposed dedicating 201 square feet of the subject site to the City for right- of-way. From the alley, a drive aisle extends southward into the site and terminates 20 feet north of the southern lot line, where there is an area with permeable pavers that is reserved for backing out. Perpendicular to the drive aisle are eight parking spaces as well as access to garages for three of the houses. All units can be directly accessed by pedestrians from the respective street or alley fronting the house. To facilitate this pedestrian access, the applicant has proposed dedicating a 2.5-foot wide pedestrian easement along the Baltic Avenue side of the subject site, which will allow for the installation of a five-foot wide sidewalk. The renderings and elevations submitted by the applicant show that, by choice of materials, massing, color scheme, and placement, the units are designed in keeping with C and C Development Co., Inc. Page 2 of 3 the Old Beach Design Guidelines, which the Oceanfront Resort District Design Guidelines refer to for single-family residential design. The proposed exterior building materials include fiber-cement [shake] siding and board and batten siding, 30-year architectural fiberglass/asphalt roof shingles, vinyl double-pane windows, aluminum and vinyl exterior trim, vinyl shutters, composite/PVC porch decking, and vinyl railing. Section 7.3.3 of the FBC provides the `Review Standards' for Alternative Compliance applications, noting that the City Council "shall consider the extent to which the proposed development, taken as a whole," satisfies the standards. The Evaluation section of the attached staff report provides Staff's comments regarding the extent to which the applicant's development, taken as a whole, satisfies the standards. In sum, Staff finds that the applicant's proposal will contribute to the overall goals of the Oceanfront Resort District Form-Based Code. The landscaping, and building density, massing, materials, and design, provide a tempo of visual interest and a comfortable and activated public sidewalk environment. The alternate amenities, density, and design choices provided by the applicant are consistent with the Beach Frontage and integrate well with the surrounding built environment both physically and functionally. Section 7.3.4 of the Form-Based Code provides City Council with the ability to add "reasonable conditions of approval to an application for Alternative Compliance. Such conditions shall be limited to those intended to mitigate any adverse visual, functional, or other impacts of the deviation from the provisions of this Code or to promote compliance with the goals and objectives of the Resort Area Strategic Action Plan and this Code." Such conditions are recommended below. There was no opposition to the request. ¦ Recommendations: The Planning Commission, passing a motion by a recorded vote of 10-0, recommends approval of this request to the City Council with the following conditions: 1. Except as modified by any other condition of this Use Permit, the site shall be substantially developed as shown on the plan entitled "Conceptual Site Plan, 2ptn Street & Baltic Ave," prepared by WPL, and dated March 20, 2013. 2. Except as modified by any other condition of this Use Permit, the architectural design and appearance of the dwellings shall be substantially as shown on the submitted renderings as well as the architectural elevation drawings, entitled "Proposed Two Story Brick and Frame Single Family Dwelling Prepared For: VB HOMES," prepared by J. Bengston, Land Planning Solutions, and dated 3/19/2013. 3. The applicant shall, as shown on the site plan, dedicate to the City of Virginia Beach a 2.5' wide by 130' long pedestrian easement along the western lot line adjacent to Baltic Avenue. 4. The applicant shall make all sidewalk and street improvements as shown on the site plan and as further required during Development Site Plan Review. This includes curb and gutter and a five-foot wide sidewalk along Baltic Avenue and 20th Street. The applicant shall also construct three public on-street parking spaces on 2ptn C and C Development Co., Inc. Page3of3 Street as shown on the submitted plan. 5. As shown on the site plan, the applicant shall dedicate 201 square feet in the form of a 2' x 90' strip along the northern lot line, and 10' radius at the northwestern corner of the lot to the City of Virginia Beach for right-of-way improvements. 6. All trash receptacles shall be stored in a manner such that they are not capable of being viewed from the public right-of-way. 7. All mechanical equipment shall be screened year-round by landscaping or fencing. Screening shall, at a minimum, be the height of the equipment. 8. Entrance and drive aisle width shall conform to the submitted drawing entitled "Conceptual Plan, 20th Street and Baltic Ave," prepared by WPL, and dated 3/20/2013. 9. All landscaping must be maintained in good health. All landscape that fails to grow shall be replaced with a similar type of plant that conforms to the landscaping associated with this Alternative Compliance. 10. All hedges located within the build-to-zone shall be maintained at a height between three and four feet tall. 11. The proposed six to eight foot hedge proposed along the eastern lot line shall be maintained at a height of three to four feet tall. 12. A fence along the eastern lot line shall be maintenance free, no more than six feet tall, and shall terminate at or prior to the front faCade of the unit fronting on 20'h Street. ¦ 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: 14- , mwv BEACH 3 April 10, 2013 Public Hearing APPLICANT: C AN D C DEVELOPMENT CO., INC. PROPERTY OWNER: ATRIA PROPERTIES, LLC STAFF PLANNER: Kristine Gay REQUEST: Special Exception for Alternative Compliance to the Oceanfront Resort District Form-Based Code. Request is to construct five detached houses that do not conform to the Building Type Properties for a Detached House ADDRESS / DESCRIPTION 429 20`" Street GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 24270729670000 BEACH 11,700 square feet 65 to 70 d6 DNL (Sub-Area 1) BACKGROUND / DETAILS OF PROPOSAL BACKGROUND The applicant requests a Special Exception for Alternative Compliance to the Oceanfront Resort District (ORD) Form-Based Code (FBC). The applicanYs request is to erect five detached single-family residential houses on the subject parcel. The ORD FBC allows single-family residential use within the Row House and Detached House Building Types. Though the proposed houses are detached, the houses do not meet the 'Lot' and 'PlacemenY Properties for the Detached House Type as specified in Section 2.3 of the ORD FBC. The Properties for the Detached Building Type call for each Detached House Type to be situated on one fee-simple lot in accordance with certain dimensional requirements. Since the applicant's proposal does not meet the requirements of the FBC, the applicant is requesting a Special Exception for Alternative Compliance to the Form-Based Code. Since this is one of the first applications for a Special Exception for Alternative Compliance to the ORD, staff believes a short explanation of this provision of the FBC is appropriate. The FBC is the zoning C AND C DEVELOPMENT CO.,11VC. Agenda Item 3 Page 1 regulation for land use and development in the ORD, which prescribes specific building and design forms (i.e., build-to, transparency, height, setbacks, etc). There are, however, two other sets of provisions under which property may be developed that provide greater flexibility as necessary. The first is the "Optional Forms of Development (OFD)," which is a by-right option administered by the City staff. The second is "Alternative Compliance (AC)," which permits a departure from a prescribed building or design element. Alternative Compliance requires approval by the City Council in the form of a Special Exception. As the granting of a Special Exception by the City Council is a legislative act, Alternative Compliance allows for an even higher degree of flexibility than the Optional Forms of Development. The Alternative Compliance option may be sought when a proposed development would not conform to the uses or forms of development otherwise permitted under the Form-Based Code, including under OFD. Section 7.3.3 of the FBC provides the 'Review Standards' for these applications: A. Applications for Alternative Compliance shall be evaluated for consistency with the following standards, and the City Council, in deciding whether to allow Alternative Compliance, shall consider the extent to which the proposed development, taken as a whole: 1. Advances the stated goals and objectives of the Resort Area Strategic Action Plan and this Code, and specifically, the extent to which the proposed development: a. Promotes modes of transportation other than the automobile, including walking and transit; b. Creates a built environment that is in scale with pedestrian-oriented activities and provides visual interest and orientation for pedestrians; and c. Contributes to a mix of uses in the area that are compatible with each other and work together to create a memorable and successful place. 2. Is consistent with the intent of the regulations applicable to the street frontage in which it is located, as set forth in Sec. 2.1 of this code; 3. Is physically and functionally integrated with the built environment in which it is located; and 4. Advances the goals and objectives of the parking strategy for the District. B. The City Council shall also consider the potential impacts of the proposed deviation on surrounding properties and the extent to which any adverse impacts from such deviation can be mitigated. DETAILS OF PROPOSAL The subject site is 11,700 square feet in area. It is bordered to the west by Baltic Avenue, to the north by a 20-foot wide alley, and to the south by 20th Street. The site is undeveloped. Curb and gutter are located along both streets. North of the site, on the opposite side of the alley, is an apartment complex. To the east and west are single-family homes. South of the site, on the opposite side of 20th Street, is a City- owned undeveloped parcel. The applicant proposes development of the site with five single-family homes. Along the Baltic Avenue frontage, there will be three houses, each with a footprint of 24' x 25'. On the 20th Street frontage and the alley frontage, there will be one house on each, with a footprint of 22' x 28'. The two different size footprints correspond to two different models of house. Both models offer variations of amenities, including a single-car garage or a storage space with direct exterior access; three or four bedrooms; covered open porches or either five feet or eight feet of depth; street or alley frontage; and proximity to dedicated parking spaces. C AND C DEVELOP11?lENT CO.,_11VC. ? ?Agenda Item 3 Pa'ge 2 The renderings and elevations submitted by the applicant show that, by choice of materials, massing, color scheme, and placement, the units are designed in keeping with the Old Beach Design Guidelines, which the Oceanfront Resort District Design Guidelines refer to for single-family residential design. The proposed exterior building materials include fiber-cement [shake] siding and board and batten siding, 30- year architectural fiberglass/asphalt roof shingles, vinyl double-pane windows, aluminum and vinyl exterior trim, vinyl shutters, composite/PVC porch decking, and vinyl railing. As shown on the site plan, the units are situated with the front facades parallel to the streets or alley. The rear of each house faces in toward the center of the lot, and together, the houses surround the interior area, which is designated on the plan for vehicular circulation and parking. The one point of vehicular access to the site will be located on the alley. To improve access to the alley, the applicant has proposed dedicating 201 square feet of the subject site to the City for right-of-way. From the alley, a drive aisle extends southward into the site and terminates 20 feet north of the southern lot line, where there is an area with permeable pavers that is reserved for backing out. Perpendicular to the drive aisle are eight parking spaces as well as access to garages for three of the houses. All units can be directly accessed by pedestrians from the respective street or alley fronting the house. To facilitate this pedestrian access, the applicant has proposed dedicating a 2.5-foot wide pedestrian easement along the Baltic Avenue side of the subject site, which will allow for the installation of a five-foot wide sidewalk. Landscaping consists of small flowering trees, low annuals, small accent shrubs, and three to four-foot high hedges set between the private porches and patios and the public sidewalk. On the eastern lot line, the site plan shows a six to eight-foot high hedge and one shade tree. Landscaping and reserved open lawn areas act as both an outdoor amenity and also as simple bioretention for stormwater. The site plan also depicts an area of 1,431 square feet of permeable pavers to further maximize the retention and management of stormwater on the site. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Undeveloped vacant site. SURROUNDING LAND . Alley USE AND ZONING: North: • Low-Rise Multifamily (Condominium) / OR Oceanfront Resort District • 20th Street South: Undeveloped site / OR Oceanfront Resort District East: • Single-family homes / OR Oceanfront Resort District • Baltic Avenue West: Single-family homes / OR Oceanfront Resort District NATURAL RESOURCE AND This is a flat and relatively grassy site. With the exception of three utilit,y CULTURAL FEATURES: poles, the site has no structures. COMPREHENSIVE PLAN: The subject site is located in the Oceanfront Resort Strategic Growth Area (SGA). It is zoned Oceanfront Resort (OR) and land use is regulated by the Oceanfront Resort District Form-Based Code (FBC), which was approved on July 10, 2012 as part of the implementation of the recommendations of the Comprehensive Plan for this SGA. The Resort Area Strategic Action Plan (RASAP), adopted in Qecember, C AND C DEVELOPMENT CO.,1NC. Agenda Item 3 Paje 3 2008, is the guiding planning policy for land use and development in this area. The RASAP calls for improved transit and pedestrian connections between destinations, and a transition from the resort area to the neighborhoods. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): In the vicinity of this site 20 Street is a two-lane local street. In the vicinity of this site, Baltic Avenue is a two-lane minor urban arterial with sixty feet right-of-way width. It has on street parking and is designated on the City's Master Transportation Plan (MTP). TRAFFIC ENGINEERING: The minimum dimensions acceptable to Traffic Engineering for access to the site off the alley require a 12-foot turning radii with a 22-foot entrance width. TRAFFIC: Street Name Present present Capacity Generated Traffic Volume 20 Street No data available 6,200 ADT (Level of Service Existing Land Use: Undeveloped - 2-Lane Local Street "C") - 9,900 ADT' (Level of 0 ADT Seroice "D") Proposed Land Use: 5 Single- Family Dwellings 2- 50 ADT Baltic 2,700 ADT 7,300 ADT (Level of Service 2-Lane Minor Urban (2006) "C") - 10,700 ADT (Level of Arterial Service "D") Average Daily Trips 2 At Peak Hour of 4 PM and as defined by OR Zoning WATER: This site must connect to City water. There is an 8-inch City water line in Baltic and a 6-inch City water line in 20th Street. SEWER: This site must connect to City sanitary sewer. Analysis of Pump Station #003 and the sanitary sewer collection system is required to ensure future flows can be accommodated. EVALUATION AND RECOMMENDATION According to the Form-Based Code (FBC), the subject site is located on the corner of two Beach Frontages. The intent of the Beach Frontage is to facilitate high pedestrian activity from residential areas to the beach. The Beach Frontage allows five of the six Building Types; this includes Mixed-Use, C AND C DEVELOPIVIIENT CO., INC. Agenda Item 3 Page 4 Apartment, Row House, Detached House, and Civic Building Types. The units the applicant proposes for this site, best fit the Detached House Building Type. As noted in the Background and Details of Proposal section of this report, the applicant seeks this Special Exception for Alternative Compliance due to the fact that the applicanYs proposed development does not meet the Building Type Properties required for a Detached House Building Type. For example: 1. LOT CRITERIA PROPERTY - Section 2.9 of the FBC requires that the Detached House Building Type have a minimum lot size of 3,000 square feet with a minimum lot width of 30 feet. The applicanYs proposal for five units on an 11,407 square foot site cannot meet that requirement. Thus, the applicanYs request attempts to situate the lots on the site in a manner that gives the resemblance of being on individual platted lots rather than being on such lots. 2. HEIGHT AND FORM - The proposal is also insufficient regarding the porch depth and the height of the third floor. In Section 2.12.4 of the FBC, the dimensional requirements for the Semi-Public Building Element of a Porch require a minimum depth of eight feet. The applicant has proposed three units with porches with a depth of only five feet. In regard to the third floor height, the building criteria for a Detached House found in Section 2.9, require that the upper story height be a minimum of 10 feet. Section 2.4.4 explains that story height is measured from the top of the finished floor to the top of the finished floor above; when there is no floor above, floor height is measured to the ceiling above plus one additional foot. This leaves the applicant with a height of only nine (9) feet. The applicant, therefore, has provided several site and building elements as alternatives that attempt to ensure the site's design still achieves the intent of the Building Type Properties. The applicant has exceeded certain building criteria, and has proposed the use of quality materials and a variety of additional design elements as outlined below. Building Criteria, Outdoor Amenity Space: A minimum of 20% outdoor amenity space is required for the Detached House Building Type. When calculating this percentage, the FBC includes open grassy areas, patios, porches, balconies, and landscaping. The submitted site plan proposes more than double this minimum requirement by providing 43% outdoor amenity space. Furthermore, the landscaping proposed exceeds the residential canopy coverage and foundation landscaping requirements as found in the Landscaping Guide. Building Criteria, Transparency: A minimum of 15% transparency for each ground and upper story street facing farade is required for the Detached House Building Type. The submitted elevations propose 21 % transparency facing Baltic Avenue and 16% transparency facing 20th Street. Additionally, the applicant has proposed a variety of appropriate window types and dimensions in keeping with the surrounding residential style and Oceanfront Resort District Design Guidelines. Frontage and Pedestrian Facilitation: The initiative of the Beach Frontage is to provide a network of quiet infiltrating corridors for pedestrians traveling between the oceanfront and the residential areas. As seen on the site plan, the applicant has included in their proposal the improvement of the street frontage to include a five foot wide sidewalk along Baltic Avenue and 20th Street. The applicant has also proposed the construction of three additional on-street parking spaces. While the applicant receives credit for these spaces, totaling 13 spaces, the spaces are within the public right-of-way and can be used by the public, but the intent of the FBC is that such spaces will be primarily used by guests. C AND C DEVELOPMENT CO.,,lNC. Agenda It?m 3 Page 5 Oceanfront Resort District Design Guidelines The proposed site plan and building design meet the following Oceanfront Resort District Design Guidelines: cement-fiberboard siding, cohesively designed in keeping with the Old Beach style, landscaping that promotes a pleasant pedestrian experience, permeable pavers, and a repeating pattern including color, texture, and material change. As noted in the 'Background' section of this report, Section 7.3.3 of the FBC provides the 'Review Standards' for Alternative Compliance applications, noting that the City Council "shall consider the extent to which the proposed development, taken as a whole," satisfies the standards. Each of those standards is listed below, with a staff comment pertaining to the degree to which the applicant's proposal meets each: • Advances the stated goals and objectives of the Resort Area Strategic Action Plan and this Code, and specifically, the extent to which the proposed development: o Promotes modes of transportation other than the automobile, including walking and transit. Staff Comments: The subiect site is capable of beinq developed at a much hi.qher densitv followinq the buildinq criteria of the Row House Buildinq Tvpe which is allowed bv the Beach Frontaqe Throuqh the Alternative Compliance process the applicant has developed a proposal that promotes modes of transportation other than the automobile and is in scale with pedestrian-oriented activities. o Creates a built environment that is in scale with pedestrian-oriented activities and provides visual interest and orientation for pedestrians. Staff Comments: As noted above the Detached Buildinq Type proposed bv the applicant is more appropriate to pedesfrian scale than the some of the other allowed Buildinq Types. The applicanYs desiqn meets the Oceanfront Resort Area Desipn Guidelines providinq a hiqh quality architectural desipn which combined with the site elements enhances visual interest and orientation for pedestrians. o Contributes to a mix of uses in the area that are compatible with each other and work together to create a memorable and successful place. Staff Comments: The site is located between hiqher residential densitv to the north and traditional sinqle-family homes at a much lower densitv to the east and west. The proposed site plan mixes these two characteristics bv providinq a densitv that falls between that of the adiacent properties and a form that is respectful and complimentinq in scale and appearance to the existinq sinqle-family homes. • Is consistent with the intent of the regulations applicable to the street frontage in which it is located, as set forth in Sec. 2.1 of this code. Staff Comments: Usinq the site layout as proposed, the applicant's proposal meets the intent Street Frontape requlations for Beach Frontaqes • Is physically and functionally integrated with the built environment in which it is located. Staff Comments: The applicant is providinq a site laVOUt and buildinp desiqn that qive the appearance of beinq platted lots and as such are `functionallv inteprated' with the surroundinq built environment. • Advances the goals and objectives of the parking strategy for the District. Staff Comments: All of the re uired arkin is located on the site. The a licant is also constructin three additional parkinq spaces on 21yn Street thus increasinp the number of available on-street parkinq spaces, C AND C DEVELOPM,ENT CO., INC. Agenda It, m 3 Raae 6 The City Council shall also consider the potential impacts of the proposed deviation on surrounding properties and the extent to which any adverse impacts from such deviation can be mitigated. Staff Comments• Staff finds that the impacts to the surroundinp area as a result of the proposed deviations are limited The most siqnificant potentially adverse impact pertains to the access from the alley The minimum dimensions acceptable to Traffic Enqineerinq for access to the site off the allev are a 12' turninp radii with a 22' entrance width. The applicant has met the requirement of the 12' turninq radii but has proposed an entrance width of 20', which is not supported bv Traffic Enqineerinq Staff has included a condition that entrance and aisle width will be determined at site plan review Alternatively, based on fhe recommendations of Planninq Commission and the conditions ultimatelv approved bv Citv Council a specific aisle width mav be determined prior to site plan review. Section 7.3.4 of the Form-Based Code provides City Council with the ability to add "reasonable conditions of approval to an application for Alternative Compliance. Such conditions shall be limited to those intended to mitigate any adverse visual, functional, or other impacts of the deviation from the provisions of this Code or to promote compliance with the goals and objectives of the Resort Area Strategic Action Plan and this Code." Such conditions are recommended below. Staff finds that the applicanYs proposal will contribute to the overall goals of the Oceanfront Resort District Form-Based Code. The landscaping, and building density, massing, materials, and design, provide a tempo of visual interest and a comfortable and activated public sidewalk environment. The alternate amenities, density, and design choices provided by the applicant are consistent with the Beach Frontage and integrate well with the surrounding built environment both physically and functionally. Staff recommends approval of this request with the conditions below. CONDITIONS 1. Except as modified by any other condition of this Use Permit, the site shall be substantially developed as shown on the plan entitled "Conceptual Site Plan, 20th Street & Baltic Ave," prepared by WPL, and dated March 20, 2013. 2. Except as modified by any other condition of this Use Permit, the architectural design and appearance of the dwellings shall be substantially as shown on the submitted renderings as well as the architectural elevation drawings, entitled "Proposed Two Story Brick and Frame Single Family Dwelling Prepared For: VB HOMES," prepared by J. Bengston, Land Planning Solutions, and dated 3/19/2013. 3. The applicant shall, as shown on the site plan, dedicate to the City of Virginia Beach a 25 wide by 130' long pedestrian easement along the western lot line adjacent to Baltic Avenue. 4. The applicant shall make all sidewalk and street improvements as shown on the site plan and as further required during Development Site Plan Review. This includes curb and gutter and a five-foot wide sidewalk along Baltic Avenue and 20th Street. The applicant shall also construct three public on- street parking spaces on 20th Street as shown on the submitted plan. C AND C DEVELOPMENT CO.,:iNC. Agenda Item 3 Page 7 5. As shown on the site plan, the applicant shall dedicate 201 square feet in the form of a 2' x 90' strip along the northern lot line, and 10' radius at the northwestern corner of the lot to the City of Virginia Beach for right-of-way improvements. 6. All trash receptacles shall be stored in a manner such that they are not capable of being viewed from the public right-of-way. 7. All mechanical equipment shall be screened year-round by landscaping or fencing. Screening shall, at a minimum, be the height of the equipment. 8. Entrance and drive aisle width shall conform to the submitted drawing entitled "Conceptual Plan, 2ptn Street and Baltic Ave," prepared by WPL, and dated 3/20/2013. 9. All landscaping must be maintained in good health. All landscape that fails to grow shall be replaced with a similar type of plant that conforms to the landscaping associated with this Alternative Compliance. 10. All hedges located within the the build-to-zone shall be maintained at a height between three and four feet tall. 11. The proposed six to eight foot hedge proposed along the eastern lot line shall be maintained at a height of three to four feet tall. 12. A fence along the eastern lot line shall be maintenance free, no more than six feet tall, and shall terminate at or prior to the front faCade of the unit fronting on 20th Street. 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 applicab/e permits required by the City Code, including those administered by the Deparfinent of P/anning / Deve/opment Services Center and Deparfinent of Planning / Permits and Inspections Division, and the issuance of a Certiricate 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. C AND C DEVELOPMENT CO.,1NC. `Agenda Item 3 Page 8 C AND C DEVELOP Agenda Item 3 Page 9 p,?:? ?? SITE RENDERING C AND C DEVELOP ? ? 7ENT CO., INC. Agenda Item 3 d ? Page 11 .? ? ?? ??•?.,-?-??"1' ? I , ¦? ov 1? ?_ ?' °p ?i??''k?,?,?yp?f??? ?` ?• ;? o,??? ? d _ SITE RENDERINGS C AND C DEVELOPMENT CO., INC. z Agenda Item 3 . Page 12 ? .? 1 ..a. '?waasu- ,•• ••, ,.?„s,r?_.__,_vrea.a?oti: _ IOSI'FI9A ? a a ? I II', I ? , -- - i t i? / o ? , i? ? j? UNIT ELEVATIONS UNIT ELEVATIONS Msi=Hen N Na ? :.d I b a - ? EEE 1 3 lL iL d i ? i ? l C3 - : ? 1 1 1 I 1 11 1 1 i 1 11 I 1 1 ??? , 1 1 ?? ?? ? UNIT ELEVATIONS ? ,Xl - ?B gc ? C AND C DEVELOP Hgenaa item 3 ?- i Page 15 ° ,a , ,. . 1-vllnlvv nI.j I vrA I # DATE REQUEST ACTION 1 04/27/1993 Enlar ement of Non-Conformin Approved , r,. .. O ? Applicant Disclosure ? If the appiicant is a corporation, partnership, firm, business, or other unincorporated organization, U complete the following: 1. List the applicant name foilowed by the names of all officers, members, trustees, partners, etc. F?? ( below: (Attach Jist if necessary) ? C and C Development Co., Inc.: Christopher J. Ettel, ? President; Chancey W. Walker, III, Director ? 2. List all businesses that have a parent-subsidiary' or affiliated business entityZ relationship with .? the appiicant: (Attach list if necessary) ? 0 Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. ? I 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 organiza- tion, complete the following: ? I 1. List the property owner name foAowed by the names of all officers, members, trustees, partners, I etc. below: (Attach list if necessary) ? Atria Properties, L.L.C.: Jeffrey R. Gordon, Manager 2. List all businesses that have a parent-subsidiary' or affiliated business entity2 relationship with the applicant: (Aftach list il necessary) ? I ? ? ? Check here if the property owner is NOT a corporatian, partnership, firm, business, or other unin- ? I corporated organization. & See next page for footnotes - i W J ? Dces an officfal or empioyee of the City of Virginia Beach have an interest in the subject land? Yes _No X If yes, what is the name of the officiai or employee and the nature of their interest? ? DISCLOSURE STATEMENT C AND C DEVELOPMENT CO., J]NC. Agenda Ite;m 3 Paj617 Additional Disclosures List all known contractors or businesses that have or will provide services with respect to the requested property use, inciuding but not Iimited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) Land Planning Solutions Sykes, Bourdon, Ahern & Levy, P.C. "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectiy owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government ConFlict of Interests Act, Va. Code § 2.2-3101. Z"Affiliated business entity relationship' means "a relationship, other than parent- subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantialiy the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities.' See State and Local Govemment Conflict of Interests Act, Va. Code § 2.2-3101. Certification i ceRify 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 pubiic 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 p tograph and view the site for purposes of processing and evaluating this application. C and Deelo ment Co., Inc. BY, Christopher J. Ettel, Pres AppiicanYs Signature Print Name Atrior Properties, L.L.C. I Jef£rey R. Gordon, Manager ---'-"?? Signature (if different than applicant) Print Name 4 O ? ? ? ? ? ? ? W V w? ? ? ? ? W I ? W F--+ DISCLOSURE STATEMENT C AND C DEVELOPMENT CO., lNC. Agenda Item 3 Pa'g'e 18 Item #3 C and C Development Co., Inc. Special Exception for Alternative Compliance Conditional Use Permit 429 29t" Street District 6 Beach April 10, 2013 REGULAR An application of C and C Development Co., Inc. for a Special Exception for Alternative Comptiance to the Oceanfront Resort District Form-Based Code and an application of C and C. Development, Co., Inc. for a Conditional Use Permit to construct five detached houses that do not conform to the Building Type Properties for a Detached House on property located at 429 20t" Street, District 6, Beach. GPIN: 24270729670000. CONDITIONS ?. Except as modified by any other condition of this Use Permit, the site shall be substantially developed as shown on the plan entitled "Conceptual Site Plan, 20th Street & Baltic Ave," prepared by WPL, and dated March 20, 2013. 2. Except as modified by any other condition of this Use Permit, the architectural design and appearance of the dwellings shall be substantially as shown on the submitted renderings as well as the architectural elevation drawings, entitled "Proposed Two Story Brick and Frame Single Family Dwelling Prepared For: VB HOMES," prepared by J. Bengston, Land Planning Solutions, and dated 3/19/2013. 3. The applicant shall, as shown on the site plan, dedicate to the City of Virginia Beach a 2.5' wide by 130' long pedestrian easement along the western lot line adjacent to Baltic Avenue. 4. The applicant shall make all sidewalk and street improvements as shown on the site plan and as further required during Development Site Plan Review. This includes curb and gutter and a five-foot wide sidewalk along Baltic Avenue and 20th Street. The applicant shall also construct three public on-street parking spaces on 20th Street as shown on the submitted plan. As shown on the site plan, the applicant shall dedicate 201 square feet in the form of a 2' x 90' strip along the northern lot line, and 10' radius at the northwestern corner of the lot to the City of Virginia Beach for right-of-way improvements. 6. All trash receptacles shall be stored in a manner such that they are not capable of being viewed from the public right-of-way. 7. All mechanical equipment shall be screened year-round by landscaping or fencing. Item #3 C and C Development Co., Inc. Page 2 Screening shall, at a minimum, be the height of the equipment. $. Entrance and drive aisle width shall conform to the submitted drawing entitled "Conceptual Plan, 20th Street and Baltic Ave," prepared by WPL, and dated 3/20/2013. 9. All landscaping must be maintained in good health. All landscape that fails to grow shall be replaced with a similar type of plant that conforms to the landscaping associated with this Alternative Compliance. lo. All hedges located within the the build-to-zone shall be maintained at a height between three and four feet tall. 11. The proposed six to eight foot hedge proposed along the eastern lot line shall be maintained at a height of three to four feet tall. 12. A fence along the eastern lot line shall be maintenance free, no more than six feet tall, and shall terminate at or prior to the front faCade of the unit fronting on 20th Street. 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 fhe City Code, including those adminisfered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspecfions 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 wifhin the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as fhey pertain to this site. AYE 10 NAY 0 ABS 0 ABSENT 1 BERNAS AYE FELTON ABSENT HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE By a vote of 10-0, the Commission approved item 3. Item #3 C and C Development Co., Inc. Page 3 Eddie Bourdon appeared before the Commission on behalf of the applicant. Steve Rohring appeared before the Commission in opposition. ?N v o o ? o ? o n ? o a 04 ?; x? N? ? a ?o ? n ? a ? ? c? ? ?. 0 c y y ? n 3 C ? ? } T 1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CHALICE CHRISTIAN CHURCH (Applicant & Owner), Conditional Use Permit for a Religious Use (Church). 5612 Haden Road (GPINs 1469261277; 1469253917). BAYSIDE DISTRICT. MEETING DATE: May 14, 2013 ¦ Background: The applicant proposes to construct an addition to the existing church building and renovate the exterior of the existing building. The existing church was constructed in 1957, and no record of the church being granted a Use Permit has been found; therefore, to construct the building addition and to develop the site as proposed, a Conditional Use Permit is necessary. The existing church building consists of approximately 9,000 square feet located on the larger of two parcels owned by the church. The 2.23-acre parcel owned by church was platted in 1956 (MB 41, PG 45), and the construction of the church followed in 1957. A smaller 0.34-acre parcel is occupied by an asphalt parking lot that, according to the applicant, is also used by neighborhood residents visiting the adjacent City park and playground. ¦ Considerations: The applicant's request for a Use Permit, if granted, will allow the addition of 11,797 square feet of floor area to an existing church. The addition will be used as a multipurpose fellowship hall. Exterior design of the addition is complementary to the existing building while also providing a contemporary presence to the overall site. Exterior materials include brown masonry, horizontal metal panels, glass walls, and metal roofing. The existing church building will be renovated by including some of the exterior materials used on the addition, such as the masonry along the lower portion of the faCade. A trellis structure will also be added to the front and a portion of the eastern side of the existing building. The resulting building will retain its existing 'neighborhood church' character, ensuring continued compatibility with the surrounding single-family residential community, while also introducing contemporary design elements. The building construction, landscaping, and associated site improvements will enhance this entryway into the Diamond Springs neighborhood. The proposed use, site plan, and building plans, are consistent with the recommendations of the Comprehensive Plan for the Suburban Area. There are, however, improvements that should be made to the site plan and building elevations to achieve greater consistency with the Suburban Area Design Guidelines. The design for the building faCade parallel to Haden Road lacks sufficient detail and visual relief for a two-story wall within 30 feet of Haden Road. This can be readily addressed by the architect through a variety of inethods, including, for example, slight projections of the faCade at balanced intervals, that continue the material and color of the first floor level to the level of the roof eaves. Landscape can also be instrumental in `breaking up' the mass of the building along Haden Road. Thus, a condition of this Use Permit is Chalice Christian Church, Inc. Page 2 of 2 recommended below that will require enhanced landscaping between the Haden Road right-of-way and the western faCade of the building. There was no opposition to the request. ¦ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request to the City Council with the following conditions: Except as modified by any other condition of this Use Permit, the site shall be developed substantially in accordance with the submitted "Preliminary Site Plan of Chalice Christian Church at 5612 Haden Road, Virginia Beach, Virginia," prepared by Site Improvements Associates, dated February 1, 2013. Said plans have been exhibited to the Virginia Beach City Council and are on file on the Planning Department. 2. Except as modified by any other condition of this Use Permit, the addition and modifications to the existing building shall be constructed substantially in accordance with the submitted building elevations for the north, south, east, and west facades, entitled "Chalice Christian Church at Diamond Springs Center, 5612 Haden Road, Virginia Beach, VA," prepared by Dills Architects, as well as the perspective rendering of the north and east facades, entitled the same. Building materials, architectural elements, and colors shall be substantially as depicted on the elevations and rendering. Said elevations and rendering have been exhibited to the Virginia Beach City Council and are on file on the Planning Department. 3. The three Wind Energy Conversion Systems (WECS) identified on the site plan referenced by Condition 1 as "Proposed Windspire Turbines (3)" and as shown on the rendering referenced by Condition 2 are not permitted and shall not be installed. 4. At or prior to the time of development site plan submission, the applicant shall meet with staff of the Current Planning Division to discuss revisions to the west faCade of the building and enhancements to the landscape plantings between the Haden Road right-of-way and the west building farade. The revisions decided upon at said meeting, shall be included on the plans submitted during development site plan review. ¦ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. .elL Submitting DepartmenUAgency: Planning Departmen City Manager: ? , ??- nwv¢?ne Chalice Christian Church, Inc. '` -,;:.=--- - - ? ? -- ? ??- ? . .,. - ?., --?-.? --_ 2? i g & ?$2-, p1 ?t V,,; RO ,., A. ?II) / I1I ? Q f ,{ ?, `?, i t ? , ? _ ?? ' , ? , f <; ```.. ?-5 ¢ ? ??+ L ? , „ -,-- LA'l?f! 7 1 17 7 I CUP /or RNipious Use (Church) Saan P?wolon wPoll?) Q+Mfi REQUEST: Conditional Use Permit for Religious Use (Church) ADDRESS / DESCRIPTION: 5612 Haden Road 10 April 10, 2013 Public Hearing APPLICANT AND PROPERTY OWNER: CHALICE CHRISTIAN CHURCH, INC. STAFF PLANNER: Stephen J. White GPINS: ELECTION SITE SIZE: AICUZ: 1469261277; 1469253917 DISTRICT: R-7.5 parcel: 2.23 acres Less than 65 dB DNL BAYSIDE R-10 parcel: 0.34 acres TOTAL: 2.57 acres BACKGROUND / DETAILS OF PROPOSAL The applicant requests a Conditional Use Permit for a church. There is an existing church building of approximately 9,000 square feet located on the larger of two parcels owned by the church. The two parcels are separated by a 20-foot wide right-of-way that connects Haden Road to a 14.4-acre parcel owned by the City of Virginia Beach, which consists of open space and a neighborhood park with playground. The 2.23-acre parcel owned by church was platted in 1956 (MB 41, PG 45) and the oldest portion of the church building was constructed in 1957. The smaller 0.34-acre parcel is occupied by an asphalt parking lot that, according to the applicant, is also used by neighborhood residents visiting the park and playground. The applicant desires to expand the church building with an addition of 11,797 square feet of floor area that will primarily consist of a multipurpose fellowship hall. The new construction will extend from the rear (north) side of the existing church building for a distance of approximately 180 feet parallel to Haden Road, continuing the 30-foot setback of the exterior wall of the existing church; the setback meets the requirement of the Zoning Ordinance. This part of the addition is two stories in height due to the multiple purpose character of the space, which will include recreational games. The second part of the addition will add approximately 45 feet to the existing portion of the building that is parallel to the eastern property line. The interior layout of the church after the construction of the addition is such that the orientation in CHALICE CHRISTIAN CHURCH,INC. Agenda Item 10 Page 1 regard to the principal entry to the building will now be the north side of the building, which includes a new entrance with a large `Commons' and `Gallery' situated directly on the interior side of that access. This new entrance to and from the building is adjacent to a new parking lot of 21 spaces (includes 5 handicap-access spaces). The vehicular access point to the parking lot is located on Haden Road. The number of parking spaces is sufficient since the church addition does not require additional parking spaces. Since there is no expansion to the church sanctuary, which is the main auditorium for the church, there is no requirement for additional parking. The exterior design of the addition is complementary to the existing building while also providing a contemporary presence to the overall site. Exterior materials include brown exterior of the addition consists of masonry, horizontal metal panels, glass walls, and metal roofing. The existing church building will be renovated by including some of the exterior materials used on the addition, such as the masonry along the lower portion of the faCade. A trellis structure will also be added to the front and a portion of the eastern side of the existing building. The applicant's initial application submission proposed use of three Windspire wind turbines, which are shown on the site plan as well as the building rendering. Self-standing wind energy conversion systems (WECS), however, are neither a permitted or conditional use in the R-7.5 Residential District. The applicant is aware of this and understands that approval of the Use Permit for the expansion of the church will not include approval of the three WECS. Staff is considering alternatives for amending the Zoning Ordinance to address these types of situations; the applicant intends to pursue approval of the Windspires if such an amendment is adopted. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Religious use (church) SURROUNDING LAND North: . Little Creek USE AND ZONING: South: . Haden Road • Single-family Dwellings / R-7.5 Residential District East: . Diamond Springs Park and pump station / P-1 Preservation • Single-family Dwellings / R-10 Residential District West: . Haden Road • Single-family Dwellings / R-7.5 Residential District NATURAL RESOURCE AND Vegetation on the site consists of field grass, shrubs, and trees. The CULTURAL FEATURES: northern portion of the site is adjacent to the Little Creek Reservoir. A wide vegetated buffer, which will remain, is located along that shoreline. COMPREHENSIVE PLAN: Suburban Area. The policies for the Suburban Area allow for the guidance and protection of the overall character, economic value, and aesthetic quality of the City's stable neighborhoods while reinforcing the suburban characteristics of commercial centers and other non-residential areas that make-up part of the Suburban Area. The submitted plans are generally consistent with the Comprehensive Plan's design and land use recommendations. There are, however, recommendations provided in the Evaluation section of this report that, if implemented, will enhance the consistency of the proposal to the CHALICE CHRISTIAN CHURCH, 1NC. Agenda Iterim 10 Page 2 policies of the Comprehensive Plan. IMPACT ON CITY SERVICES TRAFFIC: The proposed entrance on Haden Road will need to be designed in accordance with the City of Virginia Beach Public Works Specifications and Standards. WATER AND SEWER: This site must connect to the City water and sewer systems. A sewer and pump station analysis for pump station 314 will be required during development site plan review to determine if there is adequate capacity. EVALUATION AND RECOMMENDATION The applicant proposes to construct an addition to an existing church building, renovate the exterior of the existing building, and develop the site with associated parking and landscaping. The existing church was constructed in 1957, and no record of the church being granted a Use Permit has been found; therefore, to construct the building addition and to develop the site as proposed, a Conditional Use Permit is necessary. The applicanYs request for a Use Permit, if granted, will allow the addition of 11,797 square feet of floor area to an existing church with a floor area of approximately 9,000 square feet. The addition will be used as a multipurpose fellowship hall. The proposed construction work includes renovation of the exterior of the existing building using the exterior materials and color palette of the exterior of the building addition. The resulting building will retain its existing 'neighborhood church' character, ensuring continued compatibility with the surrounding single-family residential community, while also introducing contemporary design elements. The building construction, landscaping, and associated site improvements will enhance this `entrance' to the Diamond Springs neighborhood. The proposed use, site plan, and building plans, are consistent with the recommendations of the Comprehensive Plan for the Suburban Area. There are, however, improvements that should be made to the site plan and building elevations to achieve greater consistency with the Suburban Area Design Guidelines. The design for the building faCade parallel to Haden Road lacks sufficient detail and visual relief for a two-story wall within 30 feet of Haden Road. This can be readily addressed by the architect through a variety of inethods, including, for example, slight projections of the faCade at balanced intervals, that continue the material and color of the first floor level to the level of the roof eaves. Landscape can also be instrumental in `breaking up' the mass of the building along Haden Road. Thus, a condition of this Use Permit is recommended below that will require enhanced landscaping between the Haden Road right-of-way and the western faCade of the building. In sum, staff recommends approval of the requested Use Permit with the conditions below. CHALICE CHRISTIAN °CtiURCH, JNC. Agenda Item 10 Paoe 3 CONDITIONS 1. Except as modified by any other condition of this Use Permit, the site shall be developed substantially in accordance with the submitted "Preliminary Site Plan of Chalice Christian Church at 5612 Haden Road, Virginia Beach, Virginia," prepared by Site Improvements Associates, dated February 1, 2013. Said plans have been exhibited to the Virginia Beach City Council and are on file on the Planning Department. Except as modified by any other condition of this Use Permit, the addition and modifications to the existing building shall be constructed substantially in accordance with the submitted building elevations for the north, south, east, and west facades, entitled "Chalice Christian Church at Diamond Springs Center, 5612 Haden Road, Virginia Beach, VA," prepared by Dills Architects, as well as the perspective rendering of the north and east facades, entitled the same. Building materials, architectural elements, and colors shall be substantially as depicted on the elevations and rendering. Said elevations and rendering have been exhibited to the Virginia Beach City Council and are on file on the Planning Department. 3. The three Wind Energy Conversion Systems (WECS) identified on the site plan referenced by Condition 1 as "Proposed Windspire Turbines (3)" and as shown on the rendering referenced by Condition 2 are not permitted and shall not be installed. 4. At or prior to the time of development site plan submission, the applicant shall meet with staff of the Current Planning Division to discuss revisions to the west faCade of the building and enhancements to the landscape plantings between the Haden Road right-of-way and the west building faCade. The revisions decided upon at said meeting, shall be included on the plans submitted during development site plan review. NOTE: Furfher 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 applicab/e 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 contacf 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. CHALICE CHRISTIAN CiiURCH, INC. Agenda Iterh 10 P?e 4 AERIAL OF SITE LOCAI CHALICE CHRISTIAN I< 11: rage 5 .-. aorrnao 0 0? ,q a o a -- .. . ?- - ? I PROPOSED SITE PLAN CHALICE CHRISTIAN :HURCH, INC. genda Item 10 . Pa ge 6 ? ? i U 4 m > ? _ = U U W a: m Z w t Q ? - - z z ~ U ? U) ? O1 ' > ? Z . _ - O K < V a o m pc W o z U = W 0 0 J ? < = p N t O U < h PA RENDERING OF NORTH AND WEST SIDES OF BUILDING CHALICE CHRISTIAN ?HUKC:I'f, INI:. genda Item 10 Page 7 ?-?..??... ? I H b O e ? x ; U K ? S ° U ? . K ? 2 fJ ` W V o 0 2 (? . ., 4' ELEVATION DRAWING OF WEST SIDE OF PROPOSED BUILDING 'i - 'r CHALICE CHRISTIAN ?---- - ? , ?- Page 8 k i? w N ? e Q U = 2 U ' . Z . ' < C ? 2 . ?• V e . U . `- " ELEVATION DRAWING OF EAST SIDE OF PROPOSED BUILDING CHALICE CHRISTIAN C. Page 9 N Q ? S V K ? S V Z ' < N ? 2 ? W . < e S - U . .. P-4 ELEVATION DRAWINGS OF NORTH AND SOUTH SIDES OF PROPOSED BUILDING j CHALICE CHRISTIAN CHURCH, INC. Agenda Item 10 Page 10 ZONING HISTORY # DATE REQUEST ACTION 1 01/08/2002 Use Permit Fuel Sales A roved 2 03/14/2006 Use PPrmit /SPIf-Stnraael Approved 3 01/27/2009 Use F DISCLOSURE STATEMENT APPUCANT DISCIOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name foliowed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Chalice Christian Church (see attached list of Trustees) 2. List ail businesses that have a parent-subsidiary' or affiliated business entityZ relationship with the applicant: (Attach list if necessary) None F-I Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section on/y if properfy owr+er is ditTerent from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent-subsidiary' or affiliated business entityz relationship with the applicant: (Attach list if necessary) F? Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 8 See next page for footnotes Does an official or ep]pJoyee of?City of Virginia Beach have an interest in the subject land? Yes ? No ? If yes, what is the name of the official or employee and the nature of their interest? CorWiGOnal Use Permit Application Pege 9 of 10 Revised 71312007 ? ? ? ? V ? ? ? ? ?t ? ? ? CIO:) ? ? O ? ?y A ? O V DISCLOSURE STATEMENT CHALICE CHRISTIAN CHURCH, I-NC. Agenda Iterh. 10 Page 12 ? ? ? ? ? ? ? ? ? ? ? W ? ? ? O ? A oz; O V F17777 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or wiil 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) Oills Architects Site Improvement Associates, Inc. p '"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 Govemment Conflict of Interests Act. Va. Code § 2.2-3101, z«Affiliated business entity relationship° means "a relationship, other than parent- subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business en6ties. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Govemment Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the infortnation 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 peckage. The undersigned aiso consents to entry upon the subject property by employees of the Department of Planning to ph to h view the sfte for purpases of processing and evaluating this application. plican;'s Sig tu Print Name ? Property Owner's Signature (if different than applicant) Print Name CondHional Use Permd Application Page 10 of 10 Revfsed 702007 DISCLOSURE STATEMENT ; CHALICE CHRISTIAN :CHURCH, iNC. Agenda Ite,m 10 Page 13 ? CHALICE CHR-ISTIAN CHUR-CH Formerly Diamond Springs Christian ChurchJVirginia Beach & First Christian Church/Norfolk The Reverend John H.Anglin 5612 Haden Road Virginia Beach, Virginia 23455 757 464-5650 January 31, 2013 To whom it may concern, I am very pleased to serve Chalice Christian Church as the Board Chair, and have served in that position for the last two years. On December 30ih, 2012 according to annual requirements we approved the Nominating Committee report in full and continued Vera Merritt and Michael Matthews as Trustees, while adding Polly Robinson as a new Trustee. These three trustees act at the pleasure of the board, and, in the matter regarding the start o£site plan review, they have full authority and blessing to sign and serve as legal trustees on behalf of the church and the church boazd. Sincerely, Mr. Eddie Hall / Board Chair 2 CHALIC:ZCIAISTIANCI ILIRC-I I.ORG The Christian Church (Disciples of Christ) DISCIPLES.ORG &'['tie Christian Church in Virginia CCINVA.ORG DISCLOSURE STATEMENT CHALICE CHRISTIAN CHURCH, N C. A?enda Item 10 14 Pago NOMINATING COMMtTTEE REPORT Slate ofNominated Officers and Church Servants for 2013 Official Board: Chair / Eddie Hall (serving his 3rd year) Vice Chair 1 Polly Robinson (serving her 2nd year) Secretary / Mary Matthews (serving her 2nd year) Treasurer / Vera Merritt (serving her 3rd year) Financial Secretary /Alan Curtis (serving his 3rd year) Trustees: Polly Robinson (starting her 1 st year), Mike Matthews (serving his 2nd year) Vera Merritt (serving her 3rd year) Elders: One YearTerm (through 12/31/13) Polly Robinson; Bill McDaniel; Mike Matthews Two Year Term (through 12/3 ] /14) Pat Berry; John Knibb; Joe Robinson Three Year Term (through 12/31/15) Eddie Hali; Bill Waters; Lois Williams Diaconate: One Year Term (through 12/31/13) Marsha Atkins; Criss Bruneman; Mary Matthews; Nancy Weinzetl Two Year Term (through 12/31 /14) Alan Curtis; Eve Muscari; Frank Muscari Three Year Term (through ] 2/31 / 15) Shellie Dexter; Corina Kiracofe; Sonni Matthews; Lee Taylor; Tamara Wood Department Chairs: Christian Education / Criss Bruneman Christian Outreach / BeRie Hall Fellowship / Donna Blaskowski Properry J Joe Robinson Stewardship/Finance / Corina Kiracofe Worship / Mary Matthews DISCLOSURE STATEMENT CHALICE CHRISTIAN :CHURCH, JNC. Agenda Item 10 h, Page 15 CHALICE CHR-ISTIAN CHUR-CH Formerly Diamond Springs Christian Chutrh/Virginia Beach & First Christian Church1Norfolk 'I'he Reverend lohn H.Anglin 5612 Haden Road Virginia Beach, Vireinia 23455 757 463-5650 January 31, 2013 To whom it may concern, On behalf of the Chalice Christian Church, we the trustees have signed below to authorize the advance of our plans for construction of an addition to the bailding at the church property at 5612 Haden Road. ln Virginia Beach. At a congregational meeting last year on June 20, 2012, the vote was unanimous to proceed with plans under the direction of Dills Architects. Our minister and members have worked intently with the architect and engineers to evolve the design to this stage when we can confidently submit the site plan for city government review and approval. Sincerely, F7 . gi 9 niL? + Mrs. Vera Mercitt ! Trustee `?LS. `I?u.l?c.? ?- ??C?1,c?-?e•rl..?' + ?i=4 Mrs. Polly Robinson / Trustee ? + M. Michael Ma ews / Trustee 2 CEIAL1CLCI IRIS'1'fANC11l.RO l.ORv 7he Christien Church (Disciples of Christ) DISCIPLES.ORG & T'he Christiaii Church in \'irginia CCINVA.nRG DISCLOSURE STATEMENT CHALICE CHRISTIAN :CHURCH, INC. A?enda Iter? 10 Page 16 Item #10 Chalice Christian Church Conditional Use Permit 5612 Haden Road District 4 Bayside April 10, 2013 CONSENT An application of Chalice Christian Church for a Conditional Use Permit for Religious Use (Church) on property located at 5612 Haden Road, District 4, Bayside. GPIN: 1469261277; 1469253917. CONDITIONS Except as modified by any other condition of this Use Permit, the site shall be developed substantially in accordance with the submitted "Preliminary Site Plan of Chalice Christian Church at 5612 Haden Road, Virginia Beach, Virginia," prepared by Site Improvements Associates, dated February 1, 2013. Said plans have been exhibited to the Virginia Beach City Council and are on file on the Planning Department. 2. Except as modified by any other condition of this Use Permit, the addition and modifications to the existing building shall be constructed substantially in accordance with the submitted building elevations for the north, south, east, and west facades, entitled "Chalice Christian Church at Diamond Springs Center, 5612 Haden Road, Virginia Beach, VA," prepared by Dills Architects, as well as the perspective rendering of the north and east facades, entitled the same. Building materials, architectural elements, and colors shall be substantially as depicted on the elevations and rendering. Said elevations and rendering have been exhibited to the Virginia Beach City Council and are on file on the Planning Department. 3. The three Wind Energy Conversion Systems (WECS) identified on the site plan referenced by Condition 1 as "Proposed Windspire Turbines (3)" and as shown on the rendering referenced by Condition 2 are not permitted and shall not be installed. 4. At or prior to the time of development site plan submission, the applicant shall meet with staff of the Current Planning Division to discuss revisions to the west fagade of the building and enhancements to the landscape plantings between the Haden Road right- of-way and the west building fagade. The revisions decided upon at said meeting, shall be included on the plans submitted during development site plan review. AYE 10 NAY 0 ABS 0 ABSENT 1 BERNAS AYE FELTON ABSENT Item #10 Chalice Christian Church Page 2 HENLEY AYE HODSGON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE By a vote of 10-0, the Commission approved item 10 by consent. Mark Ricketts appeared before the Commission on behalf of the applicant. n "Z o :, . ?. ?. ? y O ? • ? r: ? ? x H A ?, $ . ? ? ? ? ep ? 't ? y H ?G v ? ti ? a ? 0 ?N O p v ? A. ? Gp ?O t°°a ? ?N CL? .A ?N 0 ? 0 ? V r , 1 . . ? ? ld mi ? ' -1 ? ? ? ? ? > i ? ? > ? ? ? > i? f0 g 4u CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: HOLLOMON BROWN FUNERAL HOME, INC. (Applicant) / HOLLOMON BROWN FUNERAL HOME, INC. & TIDEWATER CEMETERY CORP. (Owner), Conditional Chanae of Zonin , AG-2 Agricultural to 0-2 Office District. 3445 Princess Anne Road (GPINs 1485708361 & 1485804041). PRINCESS ANNE DISTRICT. MEETING DATE: May 14, 2013 ¦ Background: This application is a request to rezone 2.6 acres of a 30-acre property currently used as a cemetery. The applicant intends to construct a funeral home and crematory on this property located closest to the intersection of Princess Anne Road and Dam Neck Road. The remainder of the property will continue to be used as a cemetery. ¦ Considerations: The proposed funeral home will be approximately 17,800 square feet and offer an increased range of services that will complement the existing cemetery. The proposed crematory will be approximately 2,800 square feet. Parking for the funeral home requires a large stacking area for funeral processions. The applicant has proposed parking spaces for the funeral home separate from the paved area where cars will be parked with each behind the other for funeral processions. The facilities will operate with a staff of 10 employees. The proposed one-story funeral home will be traditional in design and similar to other funeral homes owned by the applicant. The exterior building materials of the funeral home will be primarily brick walls with architectural style asphalt shingles and colonial style windows with shutters. The crematory will utilize similar exterior building materials as the funeral home. A brick identification sign will be located at the intersection of Princess Anne Road and Dam Neck Road. Landscaped low curved brick walls have been incorporated along Princess Anne Road to reinforce the Princess Anne Commons gateway treatment. The proposed rezoning from AG-2 Agricultural to Conditional 0-2 Office for a funeral home and crematory is substantially consistent with the Comprehensive Plan's land use policies for the Princess Anne Special Economic Growth Area (SEGA) 4. Focusing development on this site allows the majority of the cemetery, which is also owned by the applicant, to remain as a visual open space amenity. The layout also is designed with one joint ingress-egress access along Princess Anne Road, with no access on Dam Neck Road. The proposed use is compatible to the adjacent cemetery and is designated as a compatible land use within the subject AICUZ. There was no opposition to the request. Hollomon Brown Funeral Home, Inc. Page2of2 ¦ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request to the City Council with the following conditions: PROFFER 1: The Property, when developed, shall be developed substantially as shown on the conceptual site plan prepared by Martin Engineering, entitled "Colonial Grove Memorial Park, Conceptual Layout Plan 024" and dated March 8, 2013 (the "Site Plan"), which Site Plan is on file with the City Planning Department and has been exhibited to the City Council. PROFFER 2: The architectural design and quality of materials used for the buildings, signage, knee walls and landscaping to be developed on the Re-zoning Parcel, when developed shall be in substantial conformity with the rendering entitled "Holloman Brown Funeral Home Rendering", dated March 8, 2013, and prepared by Michael Ashe (the "Rendering"), which exhibit is on file with the City Planning Department and has been exhibited to the City Council. PROFFER 3: The access way to the Property from Princess Anne Road shall be a permanent access way. PROFFER 4: Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/ or subdivision review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. ¦ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: k ? ?tryt D3 April 10, 2013 Public Hearing CRINGESS ANNE ni,,, <-11 Hollomon-Brown Funeral Home, Inc, . ? -=-? -? ?#? a54B i ?M -- - ? - - ? t. 1TA -- - - - ?_- _ : - ?- . ? ?- ?-- ? - •l.?u.?+w?o?+r.• or« Zonin9 Cbange /romae.., AG•? to O•? .. sn,?. o.va+ao..n?r .oc>n_o..a?intan.?ne? oA .nw.r.ft rm+ka. • APPLICANT: HOLLOMON- BROWN FUNERAL HOME, INC. PROPERTY OWNER: HOLLOMON- BROWN FUNERAL HOME, INC. & TIDEWATER CEMETERY CORP. STAFF PLANNER: Karen Prochilo REQUEST: Conditional Chanqe of Zoninq AG-2 to 0-2 ADDRESS / DESCRIPTION: 3445 Princess Anne Road GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14857083610000 portion of PRINCESS ANNE 2.6 acres Less than 65 dB DNL 14858040410000 portion of BACKGROUND / DETAILS OF PROPOSAL This application is a request to rezone 2.6 acres of a 30-acre property currently used as a cemetery. The applicant intends to construct a funeral home and crematory on this property located closest to the intersection of Princess Anne Road and Dam Neck Road. The remainder of the property will continue to be used as a cemetery. The proposed funeral home will be approximately 17,800 square feet and offer an increased range of services that will complement the existing cemetery. The proposed crematory will be approximately 2,800 square feet. Parking for the funeral home requires a large stacking area for funeral processions. The applicant has proposed parking spaces for the funeral home separate from the paved area where cars HOLLOMAN BROWN FUNERAL HOMEJNC Agenda Item D3 Page 1 will be parked with each behind the other for funeral processions. The facilities will operate with a staff of 10 employees. The proposed one-story funeral home will be traditional in design and similar to other funeral homes owned by the applicant. The exterior building materials of the funeral home will be primarily brick walls with architectural style asphalt shingles and colonial style windows with shutters. The crematory will utilize similar exterior building materials as the funeral home. A brick identification sign will be located at the intersection of Princess Anne Road and Dam Neck Road. Landscaped low curved brick walls have been incorporated along Princess Anne Road to reinforce the Princess Anne Commons gateway treatment. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Undeveloped portion of a cemetery site SURROUNDING LAND North: . Dam Neck Road USE AND ZONING: . City owned park / P-1 Preservation District South: • Cemetery / AG-1 & AG-2 Agricultural District • Power substation / AG-1 & AG-2 Agricultural District East: • Princess Anne Road • Retail center / B-2 Community Business District West: . Cemetery / AG-1 & AG-2 Agricultural District • Power substation / AG-1 & AG-2 Agricultural District NATURAL RESOURCE AND The subject site is located in a Southern Watershed Management Area. CULTURAL FEATURES: The majority of the property is a cemetery with green lawns and trees. COMPREHENSIVE PLAN: This parcel is identified as being within the Princess Anne Special Economic Growth Area (SEGA 4). The plan for Princess Anne SEGA 4 is the Interfacility Traffic Area (ITA) and Vicinity Master Plan. The general vision for this area is for low-impact campus style developments built within an interconnected open space and trail network. The area is intended to serve as a transition between the City's developed north and rural south. Development proposals strive to achieve 50 percent open space. (p. 16, 18). Existing natural features are to be preserved as open space. Manmade features such as stormwater ponds, parks, utility corridors, and cemeteries also qualify toward the 50 percent (p.27). New development should bE guided by LEED standards (p. 5). Specifically, the subject site lies within North Princess Anne Commons which houses premiere educational, recreational, and medical campuses. For this site, the ITA and Vicinity Master Plan recommends open space and parks (p.22). The Comprehensive Plan recommends preserving and protecting the large stand of mature trees at the corner of Princess Anne Road and Dam Neck Road (p. 4-9). Since Princess Anne Road is designated as Access Controlled in the Master Transportation Plan, no new direct private access is permitted (p. 4-10 and p. 6-6). The Princess Anne Commons Design Guidelines were adopted to ensure quality and create a consistent theme throughout this vicinity. The Guidelines address various site and architectural design elements, including linkages, landscaping, lighting, and signage. These guidelines should be followed for any new development in this area. HOLLOMAN BROWN FUNERAL HOME,.JNC Agenda Iterii D3 Page 2 IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Princess Anne Road is a suburban major arterial. The site is located in the transition from eight-lane divided to two-lane undivided, with access to the southbound direction only. However, it is within the project limits of CIP Project #2.300.000, Princess Anne Road Phase IV, which is widening the two-lane section to four-lane divided. This VDOT-managed project is currently in the construction phase. For trip generation purposes, funeral homes and crematories are considered ancillary to cemeteries so there is no predicted change to the site's trip generation. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume Princess Anne 20,700ADT Up to 32,500 ADT Existing Land Use - Road (Level of Service "C") - 142 ADT 900 ADT' 4 osed Land Use 3- Pro Dam Neck Road 100ADT 16 , up to 3 p , (Level of Service "D")/ 142 ADT Ca acit Average Daily Trips 2 as defined by 30 acre cemetery 3 as defined b 28.4 acre cemete w/ funeral home 8 cremato site WATER: This site connects to City water with a 1" water meter (City ID #95081209). The existing water service can be used or upgraded. There is a 12-inch City water line in Dam Neck Road. There is a 20-inch City water main in Princess Anne Road. SEWER: City sanitary sewer does not front this property, but may be extended provided future flows can be accommodated. Sanitary sewer and pump station analysis for Pump Station #647 is required to determine if future flows can be accommodated. There is a 10-inch City gravity sanitary sewer main in Recreation Drive. STORMWATER: Stormwater management. Is to be addressed during site plan review. FIRE: No comments at this time. EVALUATION AND RECOMMENDATION The proposed rezoning from AG-2 Agricultural to Conditional 0-2 Office for a funeral home and crematory is substantially compatible with the Princess Anne SEGA 4 land use policies. The site layout lists the open space at 39.3% for this proposal. Keeping this subject site compact allows the majority of the cemetery land which is also owned by the applicant to remain as a visual open space amenity. The layout also is designed with one joint ingress-egress access along Princess Anne Road and no access on Dam Neck Road. The proposed use is well-matched adjacent to the cemetery. This proposal is also consistent with AICUZ restrictions. HOLLOMAN BROWN FUNERAL HOME,?NC Agenda Item D3 Paqe 3 The proposed architectural design is of quality and blends well with the architectural themes in Princess Anne Commons. The entrance to the site already exists and is intended to serve the proposed use and adjacent cemetery. The important intersection of Princess Anne Road and Dam Neck Road should provide a strong sense of arrival and be one of the principal signatures of Princess Anne Commons. "Gateways" are an essential component of directing residents and visitors to Princess Anne Commons. The use of low brick walls has been reinforced throughout Princess Anne Commons creating a recurring theme, especially at gateways such as this intersection. The existing mature tree stand along Dam Neck Road should be preserved to reinforce the strength of this gateway, to complement Princess Anne Park and to maintain the buffer from this use and the cemetery. Consider the use of tree species and a planting layout similar to the Princess Anne Road landscaping in this area or as found in the Princess Anne Commons Design Guidelines Staff recommends approval of this request with the landscaping considerations as indicated above. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: The Property, when developed, shall be developed substantially as shown on the conceptual site plan prepared by Martin Engineering, entitled "Colonial Grove Memorial Park, Conceptual Layout Plan 024" and dated March 8, 2013 (the "Site Plan"), which Site Plan is on file with the City Planning Department and has been exhibited to the City Council. PROFFER 2: The architectural design and quality of materials used for the buildings, signage, knee walls and landscaping to be developed on the Re-zoning Parcel, when developed shall be in substantial conformity with the rendering entitled "Holloman Brown Funeral Home Rendering", dated March 8, 2013, and prepared by Michael Ashe (the "Rendering"), which exhibit is on file with the City Planning Department and has been exhibited to the City Council. PROFFER 3: The access way to the Property from Princess Anne Road shall be a permanent access way. PROFFER 4: Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/ or subdivision review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. STAFF COMMENTS: The proffers listed above are acceptable as they dictate the level of quality of the project. The City Attorney's Office has reviewed the proffer agreement dated March 8, 2013, and found it to be legally sufficient and in acceptable legal form. HOLLOMAN BROWN FUNERAL HOME,JNC Agenda Itero D3 Page 4 NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. HOLLOMAN BROWN FUNERALrtH4ME;JNC Agenda Iteni D3 POe 5 Ei; AERIAL OF SITE LOCATION HOLLOMAN BROWN FUNE D L ?' ,. _ .; ? a•> 1 SITE STATISTICS ? PROPERTY DESCRIPTION: 3445 PRINCESS ANNE ROAD i ? i TOTAL PROPERTY AREA: 714,398 SQUARE FEET i 2.826 ACRES i i AICUZ CHARACTERISTICS: NO CRASH POTENTIAI ZONE i ? ? 65 - 70 d8 Ldn NOISE ZONE i i ? DEVELOPMENT DATA i i i BUILDING AREA: 17,800 SOUARE FEET i /< ? PARKING REQUIRED: 36 SPACES (1 PER 500 SF) PARKING PROVIDED' 36 SPACES, INCLUDWG 2 HANDICAP (BOTH VAN-ACCESSIBLE) ? STORMWATER MANAGEMENT: FILTERRA UNITS, REGIONAL POND PROPOSED OPEN SPACE: 45,061 SF (39.3%) ? ` / / • • ? ?\ • ? ? '? / ? A ? ?•''S, \ \ ,\ \ t o ? ? now or formerly hoHomon-brown lunerol home 9Pin 1485-70-8367-0000 zoned 09-2 ? ?. - - - - - - - _ now or former/y dry tidewater cemetery corporotion ? gpin 1485-80-4047-0000 .?. zoned og-7 & og--2 / \ I now cr formerly ? I I / I N, landstowne centre ?? prn 1484-89-9851-0COG zoned b-2 formerly ` now or lormerty entre 9P'i 1484-99-4491-0000 vepco gpin11484-89-0777-0000 zoned i-2 o , zyed og-7 "r og-7 ao xo uo , ? ? ? ? 1 . ? N PROPOSED SITE PLAN ? INC HOLLOMAN BROWN FUNERAL HOME , Agenda Item D3 Page 7 0 n 15 ' t', ..S PLANTSEASONAL COIOR BELOW SIGN PROPOSED IDENTIFICATION _ /,?. SIGN WITH KNEE-WAILS Jj? EXISTING SHED ,, ? ?O PROPOSED BRICN KNEE-WALLS 2,0 ACRES TO BE RE-20NED TO 02 OFFICE DISTRICT TO CIXJSTRUGT FUNEfUL HOME, CREMATORY, AND ASSOGIATEDINFRASTRUCTURE EXISTIIJG IDENTIFICATION _ F SIGN TO REMAIN ? PROPOSED ENLARGED SITE PLAN ; HOLLOMAN BROWN FUN EXISTING ENTRANCE TO REMAIN (SHARED ENTRANGE) Y ? . ? PHOTOGRAPHS OF PROPOSED BUILDING / SIGN HOLLOMAN BROWN FUN Page 9 ; ,. 1 -' 4 f f i . ? Wva F = HOLLOMAN BROWN FUNERAL HOME, INC Agenda Item D3 Page 10 ,y : . . -: .". . __ - : _._ "" _ _- . • .T .? ?. __ . -.__ .._ . ? . ? . PRINCESS ANNE TT _ 11 ? 7l _ T? ?? TT.? ?..a i. Tv? •? TTa? G-11 11U11UIIlUiI-I3I U?'1 11 I? Ul1Cl Cll 11VlllCg llll,• Ma ot to Scale , ,• ? ? ? /_X?\ .? , , ,.. ,i !?? ` ?.?? ; ,{ 4- i ., . _? ? '. / .., ? ? ? tin r ?? . ? ? ? ` - - ?, ? . . , ' Zoning with ConditionsProttws, Open Zoning Change from AG-2 t0 0-2 Space Promorion or PDH-2 Overlays portion of G pins 1485-70-8361 and 9 485-80-4041 ZONING HISTORY # DATE REQUEST ACTION 1 04/24/2012 CRZ AG-1 &AG-2 to Conditional B-2 & 11 A proved 2 02/14/2012 Modification of CRZ & CUP (indoor & outdoor recreational Approved 05/27/2008 CRZ (AG-1 &AG-2 to B-2) & CUP (indoor recreational Approved 3 08/22/2006 CRZ AG-1 &AG-2 to 0-2 A roved 4 08/22/2006 CRZ AG-1 &AG-2 to 0-2 A roved 5 09/14/1987 CUP substation A roved HOLLOMAN BROWN FUNERAL HOME,"JNC Agenda Itero D3 Pago 11 a z 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 oi all officers, members, trustees, partners, etc. below: (Atfach lisi if necessary) Hoflomon-Brown Funera/ Home Tidewater Cemetery Corporation (see attached) 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 Compiete ihis section only i/ pr+operty owner is diHerent from appiicant. 1f the property owner is a corporation, partnership, firm, business, or other unincorporated organizaGon, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list i/necessary) Same as Applicant 2. List all businesses thai have a parent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) Same as Applicant ? Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 8` See next page tor tootnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes & No _a If yes, what is the name of the official or employee and the nature of their interest? Vice-Mayor Louis Jones, President of both companies Contldanal Re2onmq ApOliption Paoe 17 of 12 Revisetl 111161200E ? O F?4 E-1 ? ? ? ? ? ? O N ? O ? A ? O ? DISCLOSURE STATEMENT HOLLOMAN BROWN FUNERAIL HOMf,`iNC Agenda Item D3 Pago 12 ?4 0 ? ? ? ? ? ? ? ? NMOMM4 ?4 O N ? O ? ? ? ? ? D15CLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requesied property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list "rf necessary) R. J. Nutter, Troutman Sanders (Attorney) Brad Martin, Martin Engineering (Civil Engineer) '"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 Govemment Conflict of Interests Act, Va. Gode § 2.2-3101. 2"Affiliated business entity relationship" means "a relationship, other than parent- subsidiary relationship, that exists when (i) one business entiry has a controlling ownership inierest 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 aHiliated business entity relationship include that the same person or substantially the same person own or manage the two entilies; ihere 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 ihere is otherwise a close working relationship between the entities." Sea State and local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certi(y thal?he intormation contained herein is Vue and accurate. I understand that, upon receipt of notification (postcard) thai the appiication has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at leasl 30 days prior to the scheduled public hearing according to the instrudions in ihis package. The undersigned also wnsents lo entry upon the subject property by employees of lhe Departmeni of Planning to photograph and view lhe site for purposes of processing and evaluating this applicalion. , ? Ap li ant's Signal Louis R. Jones Print Name Property Owner's Signature (if diHerent than applicant) Print Name Contlilanal Re2oning Application Page 72 0l 72 Revised 713R007 DISCLOSURE STATEMENT HOLLOMAN BROWN FUNERAL HOIVIE, 4NC Agenda Iter? D3 Page 13 COMMONWEALTH OF VIRGINIA STATE CORPORATION COMMISSION File online at sccefi le.scc.virgin ia.gov 1. CARPORATION NAME: HOLLOMON-BROWN FUNERAL HOME, INCORPORATED 2. VA REaIS1EFiED A6ENT NAME AND OFFICE ADDRESS: OFFCR. LOUIS R. JONES Inill's","li DUE DATE: 08131112 SCC 10 NO.: 0030032-7 8464 TIDEWATER DRIVE 5. STOCK INFORMATION cuss . nunioaiZEo NORFOLK, VA 23518 COMMON ? 500 ? 3. CITY OR CAUNTV OF VA REaISTERED OFFICE: 212-NORFOLK CITY i ! ? i 4. STATE OR CAUN7RY OF INCORPORATION: I VA-VIRGINIA 00 NOT ATTEMPT TO ALTER THE INFORMATION ABOVE. Caretully read the encbsed instructions. Type or print in black only. 6, PRINCIPAL OFFICE ADDRESS ? Mark this box if address shown bebw is correct I?f tha bftk m a,. wrt 13 a.r* a o«,e.,s .wa,.n md pws. aea m oo.ea M+. ? ADDRESS: 1485 KEMPSVILLE ROAD ADDRESS: CITY/ST/ZIP VIRGINIA BEACH, VA 23464 CITY/ST21P ? I ? 7. DIRECTORS AND PRINCIPAL OFFICERS: An directors arw principal oftws must be ?sted M in6viduel may be desigated as bon a dreetor and an ol6oar Mark approprfate box unleas aree below ia denk: If tlie bbck to the lelt is bWrwc a conwu noortact tlsm pkasa maAc approprma 1 a O Infamatfon Is cotrect ? Inkrmation is incorrect L- Delele infametion box end enter nlorrtkvuon babw ;: Corracsm ?Aedrwn Z tiapaowrni ? OFFICER (N DIRECTOR ?t OFFICER -'- DIRECTOR J ? NAME: LOUIS R JONES NAME: I, TITLE: PR TITLE: f I AODRESS: 1008 WITCH POINT TRAIL ADDRESS: CITY/ST21P: VA BEACH, VA 23455 CITY/ST2IP: I affirm that thefo on contained in this report is accurate and complete as of the date bebw. ? l 0411 s?. ToNe,?ies, L-- SIO ATURE OF DIR TOR/OFFICER ^ PRINTED NAME AND CAR ORATE T1TLE DA LISTED IN THIS EPORT It is e Cless 1 misdameenor for arry person to sign a tlocumant Ihat Is talse in any material respect wim mmnt Cw ma dxvnxn oG 0ab.rr60 b r?s Commisebn 1or 11Xtp. • 0380813 0000123E4 09SCC) NWSVMI6 ])tl DISCLOSURE STATEMENT HOLLOMAN BROWN FUNER,AI. HOMME, ONC Agenda Itern D3 Page 14 CGRPORATtON NAME: DUE DATE: 08131112 HOLLOMON-BROWN FUNERAL HOME, INCORPORATED sCC ID NO.: 0030032-7 Ail diredors and prineipal officefs must be isted. 7. DIRECTORS AND PRINCIPAL OFFICERS (continued): An mdtvi" mey oe aesipriaed as ban s d:eaor and u, aficw. Merlt approprlaDa box unlesa eroa babw is blank: n Ihe bbek to tne kn e Wknlc a cauaiu inconsa mn. pbaM ncnc appapime bmc ? Intormatlon b carect ? Informatlon is 4icorrect ? Delete inlwmaGOn ene anter hi«rrotion wiow: = Corracpon = qd3uon = qaplsoarrrnc ? OFFICER (M DIRECTOR [X OFFICER _ DIRECTOF _ i NAME: GEORGE M JONES NAME: TITLE: SECRETARY TITLE: ADDRESS: 4044 RICHARDSON ROAD ADDRESS: CITY/ST21P: VA BEACH, VA 23455 CITY/ST21P: MarIt appropriaW box tmkas aroa Wlow is blenk: n tne obck to u?a bn s oW?k a eormm ?cmw asi Wease mrt ?nmrr oa . ? InbrmaUon b correct ? Inlormation is fncorrect ? Delete Infwma0on ena enter rwmraiion nepw': _ Corrxuon = Adamon = RaoWCWrAft OFFICER O DIRECTOR :X OFFICER ? DIRECTOR ? NAME: ELLEN B JONES NAME: TITLE: DIRECTOR TITLE: ADDRESS: 1008 WITCH POINT TRAIL ADDRESS: C1TYtSTfZIF VA BEACFi,-1FR-23455 CITY/ST21P: I ' Merk eppropriate boX urJess area below is Wank: M tM dxk to mt rn s Wra a wra.s swrKS aea rorrie mn svap'w xa ? Intormation k oortoct 0 tnfwmaMon fs incorrect _ DeleEe infama0on ana emer tamroiwn osa. " Corncom -' Amsm - iLoiurs+rr OFFICER C DIRECTOR = OfFICER _ DIRECTOR NAME: NAME: TITLE: TITLE: ADDRESS: ADDRESS: CITYIST2IP: CITY/ST/ZI P: Mazk approprlek box urdaas uea below is blenk: n the dodc io the *n's obwc a conUra V.:nnw mn o"ye mon aoorovw w ? Intortnation le oorrect ? Information ie Incareci .1 Delete inlormatlon ena emer w«maiion eenr.. ". Canactim Aodson =. FAp+acarrY OFFICER ? DIRECTOR _ OFFICEH .. ? OIFiECTOR ' NAME: NAME: TITLE: TITLE: ADDRESS: ADDRESS: GTY/STlZIP: CITYlSTRIP: ¦ ? ? ? ? ? ? ? R. 3 LI i + 03E0833 000032164 09SCC3 DISCLOSURE STATEMENT HOLLOMAN BROWN FUNER,AL HOME; jNC Agenda Item" D3 Page 15 29/04/2012 89:12 7574743572 OFFICE BLDG PAGE 03/93 . 201ANNUAL REpORT CQNTINUL rON NAME: DUE DATE: 03131112 :R CEME7ERY CORPORATION SCC iD NO.: 0173672-7 AA draatrne and prinupnl offieerc rtwst be Iiated. DIRECTORS AND PRINCIPAL OFFICERS (continued): . A? lndwuai may be dea[pnated ae Ddh o &eetorard en wficer, Mark BMwiSto boX urVess arei bebw is blaNC: II ms bkdt to Ins INt b Wank or comahs »oonect dala Pbama mazk oPMaDr4ile bo? D information is eorroa [1 irdormntlon is incorrxt f] Delwe irit9rmallon Wy oMer Mtormalbn belor.: O Correctim ? A*966n p Replncemont OFFICER [A DIRECTOR [H OFFICER ? DIRECTOR ? NAME, GEORGE M JONES NAME: TITLE: SECRETRRY TITLE: ADDRESS: 1548.LAKE PORT CT ADDRESS: ClTY/ST/ZiP; VIRGINIA BEACH, VA 23484 CI7Y/STlZIP: Mark approprlate box urdeaa aros below is Wank O Informatlon is caract O Inbrmation is Incorrect ? DeleEa hformation q 1M Dbck W IM 1e11 b O19NC a mMehs MCOnecl fAip. Pka591nsAt ePMOpNile bo7r anU onte.lnfomatrmoeiw r: O Cohection D Addtlen D Rapfecement ? OFFICER O DIRECTOR [3 OFFICER Q DlRECTOR D ? NAME: ELLEN 8 JONES NAME: LO TITLE: OIRECTOR TITLE: ? = AObRESS: 1008 WITCHPOfN7 TRAIL ADDRESS: ' ? ? CITY/ST/Z1P; VA BEACH, VA 23455 CtTY/ST/ZIP: Mark appropriate box unleu d?B2 belar IS WanK: ? IMamatlon is cortect O In?ormatia+ k incorroct ? Dekte Informatl h Iho blodc ie nre bh I$ elank a conWnslnpprte?t dya? ana h ? on er a? lwmetton oelow: C] Corractlon O AOdIGon O R Pbcert?eitt ?FFICER CJ DIRECTOR 0 OFFICER ? DIRECTpR O NAME; NAME? TITLE: TITLE: ADDRESS: ADDRESS: CITY/ST/ZIP: CITY/ST/ZIP: Mark appropriate box unlea area below k blank: r tne ObrJ? fo the Nn g plank a ? In(Ormatlon is cwrect ? InformAGon is incotreCt ? DelE1e at}o?mdtlOn ind ?Mer Intom?elbll bakw: teMNna MKOrreci 0ab, ? COfteCtleh (? Add6on ? Ropl4atRlBDnt OFFICER ? DIRECTOR ? OFFICER O DIRECTOR ? NAME: NAME: TITLE; TITLE: AODRESS: ADDRESS: ' CITY/STlZIP: CITY/ST/ZIP: ?coemw.ayu - 1 03F0505 000012774 09SCC3 DISCLOSURE STATEMENT HOLLOMAN BROWN FUNERAIL HOME,jNC Agenda Ite? D3 Page 16 09/04/2612 09:12 7574743572 OFFICE BLDG PAGE 02/03 ? 2012 IANNUAL REPORT COMMONWEALTH OF yIRGINIA SfiATE CORPORqTiON CqMMIS510N nn? File SCCefilesccnvirgrnia.gov 1. CORPOqA710N NAME; • TIDEWATER CEMETERY CpRPQRATION DUE DATE; 03131112, 2. VA REQISTEqED ApENT NAME AND OFFICE ADDRESS; OFF(?+(R, ' SCC ID NO.: O'I7$67,2-'r LOUIS R. JONES 1008 WITCH POfNT TRAIL 5. STOCK INFORMATION VIRGINIA BEACH, VA 23455 °U'ss AIJTNORlZED 3. CITY OH CAUNTY OF VA REGiSTEqED OFFICE: . , COMMON i50 228-VIRGINIA BEACH CITY 4. STATE OP COUN7RY OF INCpRPOpA170N: - - VA-VIRGINIA DO NOT ATTEMPT TO qL7EA 7HE INFORMATION AepVE. Carefuliy read ihe endosed insiructions. Type or print in black only, 6. PRINCIPAL OFFICE ADDRESS: ] Mark this box ff address shown below is correct ADDRESS: . 1453 KEMSVILLE ROAD SU1TE 101 CITY/ST21P VIRGINIA BEACH, VA 23464 wn tv uro 1ert 16 018IIK 01 AlSa below ADDRESS: CITY/ST/Z!P 7. DIRECTOfl$ AND PqfNC1PAL OFFfCERS: All mrecton and prjnclpel Wcem muat be Ilatey. a+, "acivKW mey es desiqnated oa bom s drett« and an orccer. -------- '" ...°'"` If Cie hlxk to Ns lert is ManK a oontaro ;ncorrect eiata, MvwQ rk aPWoPrW O Inbrmatlon is cetreM O In{armQfip? m incorrect ma ? Delele Informappn bpx antl pnfer irformatbn 6elow: O Correction O AaqlUon q pedaoemant OFFICER IN DIRECTOR fRl NAME: LOUIS R JONES TITLE: P/T AODRESS; 1008 WITCHPOINT TRAfL CITY/ST/ZlP: VA BEACN, VA NAME: TiTLE: ADDRESS: c-inIsrizip: OFFICER D DIRECTOR O ? affirm t t the Ird,p tion cornained in this report isjaccurate an?d complc+te as o} the date below. 1 LIST?p I SIGNATURE OF pIR TOqUOFpCEp pqINTED NqME qND CpRPORATE TITLE , Z N TH19 EPORT _ Dq E n U a C1as5 7 mistlemqsew ia anY Persm M sfgqa elocument Ihet Is felse In any m,yteriel respyr,t with intenl tha; the document be deIrLered lo {he Commission br fIing, + 09605G5 000012779 04SCC3 &-aorv ie.15 tn : DISCLOSURE STATEMENT HOLLOMAN BROWN FUNERAL HOME, JNG Agenda Iter? D3 Pag6 17 Of COfrBCI 1Me Item #D-3 Hollomon Brown Funerai Home, Inc. Conditional Change of Zoning 3445 Princess Anne Road District 7 Princess Anne April 10, 2013 CONSENT An application of Hollomon Brown Funeral Home for a Conditional Change of Zoning AG-2 to 0-2 on property located at 3445 Princess Anne Road, District 7, Princess Anne. GPIN: 14857083610000 portion of; 14858040410000 portion of. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: The Property, when developed, shall be developed substantially as shown on the conceptual site plan prepared by Martin Engineering, entitled "Colonial Grove Memorial Park, Conceptual Layout Plan 024" and dated March 8, 2013 (the "Site Plan"), which Site Plan is on file with the City Planning Department and has been exhibited to the City Council. PROFFER 2: The architectural design and quality of materials used for the buildings, signage, knee walls and landscaping to be developed on the Re-zoning Parcel, when developed shall be in substantial conformity with the rendering entitled "Holloman Brown Funeral Home Rendering", dated March 8, 2013, and prepared by Michael Ashe (the "Rendering"), which exhibit is on file with the City Planning Department and has been exhibited to the City Council. PROFFER 3: The access way to the Property from Princess Anne Road shall be a permanent access way. PROFFER 4: Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/ or subdivision review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all Item #D-3 Hollomon Brown Funeral Home, Inc. Page 2 applicable City Code requirements. STAFF COMMENTS: The proffers listed above are acceptab/e as they dictate the /evel of quality of the project. The City Attorney's Office has reviewed the proffer agreement dated March 8, 2013, and found it to be legally sufficient and in acceptable legal form. NOTE: Further conditions may be required during the administration of applicab/e City Ordinances. Plans submitted with this rezoning application may require revision during detailed sife plan review to meef all applicable City Codes and Standards. The applicanf is encouraged to contact and work wifh the Crime Prevenfion Offi'ce within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. AYE 10 NAY 0 BERNAS AYE FELTON HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE ABS 0 ABSENT 1 ABSENT By a vote of 10-0, the Commission approved item D-3 by consent. R.J. Nutter appeared before the Commission on behalf of the applicant. t?itA•BEA 0"' ?:• o{. r. ? ? i • 1? j ? x' °? .? .• ?i;? , c; Op pUR'' NPT?p In Reply Refer To Our File No. DF-8495 TO: Mark D. Stiles FROM: B. Kay Wilsow CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE DATE: May 2, 2013 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; Hoilomon-Brown Funeral Home, Inc. The above-referenced conditional zoning application is scheduled to be heard by the City Council on May 14, 2013. I have reviewed the subject proffer agreement, dated March 18, 2013 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: Kathleen Hassen Document Prepared By: Troutman Sanders LLP 222 Central Park Avenue, Suite 2000 Virginia Beach, VA 23462 AGREEMENT THIS AGREEMENT is made as of this 18th day of March, 2013, by and between HOLLOMON-BROWN FUNERAL HOME, INC., a Virginia corporation, ("Hollomon- Brown", to be indexed as grantor); TIDEWATER CEMETERY CORP., a Virginia corporation ("Tidewater", to be indexed as grantor) (Hollomon-Brown and Tidewater collectively referred to as "Grantors"); and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (hereinafter referred to as the "Grantee", and to be indexed as grantee). WITNESSETH: WHEREAS, Hollomon-Brown is the current owner of that certain property located in the City of Virginia Beach, Virginia identified as GPIN No. 1485-70-8361-0000, as more particularly described in the legal description attached hereto and incorporated herein by reference as Exhibit A(the "Hollomon-Brown Property"); and WHEREAS, Tidewater is the current owner of that certain properiy located in the City of Virginia Beach, Virginia identified as GPIN No. 1485-80-4041-0000, as more particularly described in the legal description attached hereto and incorporated herein by reference as Exhibit B (the "Tidewater Property"); and WHEREAS, the Tidewater Property and Hollomon-Brown Property are hereinafter referred to collectively as the "Property." WHEREAS, the Grantors have initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the classification of a portion of the Property (the "Re-Zoning Parcel"), which, subject to final engineering, is more particularly described on the attached Exhibit C, from AG-2 to Conditional 0-2; and WHEREAS, on January 17, 1977, the Virginia Beach City Council voted to rezone a portion of the Hollomon-Brown Property from an A-1 Apartment District to AG-1 Agricultural District, and attached several conditions; WHEREAS, it is the Grantor's intent, with respect to the Re-Zoning Parcel, that all of the conditions approved by City Council on January 17, 1977 shall be nullified and superseded by the proffers contained herein; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes, including mixed-use purposes, through zoning and other land development legislation; and GPIN NOs.: 1485-70-8361-0000; 1485-80-4041-0000 WHEREAS, the Grantors acknowledge that competing and sometimes incompatible uses conflict, and that in order to permit differing uses on and in the area of the subject Property and at the same time to recognize the effects of the change and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned 0-2 are needed to cope with the situation to which the Grantors' rezoning application gives ri se; and WHEREAS, the Grantors have voluntarily proffered in writing in advance of and prior to the public hearing before the Grantee, as part of the proposed conditional amendment to the Zoning Map, in addition to the regulations provided for in the existing 0-2 zoning districts by the existing City's Zoning Ordinance (CZO), the following reasonable conditions related to the physical development, operation and use of the Property to be adopted as a part of said amendment to the new Zoning Map relative to the Property, all of which have a reasonable relation to the rezoning and the need for which are generated by the rezoning; and WHEREAS, said conditions having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and executed by the record owner of the subject Property at the time of recordation of such instrument; provided, further, that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of the ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2- 2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. NOW THEREFORE, the Grantors, for themselves, their successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion of quid pro quo for zoning, rezoning, site plan, building permit or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation and use of the Property and hereby covenant and agree that these proffers (collectively, the "Proffers") shall constitute covenants running with the said Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their heirs, personal representatives, assigns, grantees and other successors in interest or title, namely: 1. The Property, when developed, shall be developed substantially as shown on the conceptual site plan prepared by Martin Engineering, entitled "Colonial Grove Memorial Park, 2 Concept Layout Plan 024," and dated March 18, 2013 (the "Site Plan"), which Site Plan is on file with the City Planning Department and has been exhibited to the City Council. 2. The architectural design and quality of materials used for the buildings, signage, knee walls, and landscaping to be developed on the Re-Zoning Parcel, when developed, shall be in substantial conformity with the rendering entitled "Hollomon Brown Funeral Home Rendering", dated March 8, 2013, and prepared by Michael Ashe (the "Rendering"), which exhibit is on file with the City Planning Department and has been exhibited to the City Council. 3. The access way to the Property from Princess Anne Road shall be a permanent access way. 4. Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional zoning amendment is approved by the Grantee. The Grantors covenant and agree that (1) the Zoning Administrator of the City of Virginia Beach, Virginia shall be vested with all necessary authority on behalf of the governing body of the City of Virginia Beach, Virginia to administer and enforce the foregoing conditions, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the CZO or this Agreement, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map shall show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the subject Property on the map and that the ordinance and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Department of Planning and that they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and indexed in the name of the Grantors and Grantee. [Remainder of Page Intentionally Left Blank. Separate Signature Pages to Follow.] 3 IN WITNESS WHEREOF, the undersigned Grantors execute this Agreement as of the date first written above. GRANTOR: TIDEWATER CEMETERY CORP, a Virginia corporation ? By: &.1" ' Name: ?JAW? " ?'•? Title: ':R" COMMON,V?IEALTH VIRGINIA CITY OF ?/i i FGc , to-wit: ,a The foregoing instrument was acknowledged before me this 40 day of March, 2013, by 1-0 (A 1 s?. J ?r?e s , who is personally known to me or has produced as identification in his capacity as ?Kesi c1 er,*-L of Tidewater Cemetery Corp., a Virginia corporation, on behalf of the company. malz A-, 2lt ?d Notary Publ c My Commission Expires: /A/ 3?/,'1, Registration No. ol /U [NOTARIAL SEAL/STAMP] ?0 ? ? ? 4 GRANTOR: COMMON, ?VEALTH O VIRGINIA CITY OF ?/ ;n? P?.ch , to HOLLOMON-BROWN FUNERAL HOME, INC. a Virginia corporation By: ?a? Name: ? Title: ?.o? i de -Wit: 4h The foregoing instrument was acknowledged before me this day of March, 2013, by ?-.UU ;5 iZ Tov1 ?S , who is personally known to me or has produced as identification in his capacity as f ReSi 61 en f of Hollomon-Brown Funeral Home, Inc., a Virginia corporation, on behalf of the company. ? atic ('0 U?+?--- Notary Pub ic My Commission Expires: s?a?e C 6' a i?? ? ??N?a r Registration No. ??'?;[NOTARIAL SEAL/STAMP] pl ?,?? Exhibit A Hollomon-Brown Property All that certain tract, piece or parcel of land, situate and being in Princess Anne Borough in the City of Virginia Beach, Virginia, (formerly in the Seaboard Magisterial District of the County of Princess Anne, Virginia), together with the buildings and improvements thereon, containing by survey 15 acres more or less and lying on the southwest side of the highway from Kempsville to Princess Anne Courthouse now designated as State Route 165 (5 mile stretch) and bounded on the northeast by said highway and on the south by lands belonging to Constellation Corporation and on the west and north by Land Town Road, known as Route 633, and said parcel of land being more particularly described as follows: Beginning at a point where the southwestern line of State Route 165 intersects with the southern line of Land Town Road, Route 633 marked by an iron pin and from said point of beginning running along the southern side of Land Town Road, south 64 degrees 46minutes 30 seconds west a distance of 1,013.38 feet to a point; thence continuing along the eastern side of Land Town Road as the same curves to the left south 0 degrees 54 minutes 30 seconds east a distance of 710 feet to a point marked by a pin and which point is in the line dividing this property from the property of Constellation Corporation; thence turning and running from Route 633, Land Town Road, north 56 degrees 5 minutes 49 seconds east a distance of 1,469.83 feet to a pin in the southwestern line of State Route 165 (5 mile Stretch); thence turning and running along the south west side of State Route 165, north 44 degrees 19 minutes 34 seconds west a distance of 450 feet to the point of beginning. There is excepted from the aforesaid described property that portion of land which may be contained within Land Town Road, Route 633, as same now exists. Less and expect that property conveyed to the Commonwealth of Virginia by Certificate of Take recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 2985, at page 990. It being the same property conveyed to the Grantor Louis R. Jones by deed of Constellation Corporation dated December 21, 1962 and duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach in deed book 765 at page 139. 6 Exhibit B Tidewater Property All that certain lot, piece or parcel of land, situate in the Borough of Princess Anne, City of Virginia Beach, State of Virginia, containing 19.6 acres, more or less, and being more particularly described as follows: Beginning at a point in the southwestern line of Princess Anne Road (State Highway 4165) which point is marked by a pin and which point lies S. 44° 19' 34" E. 450 feet from the intersection of the southern line of Landtown Road (State Highway #633) with the southwestern line of Princess Anne Road, and which point is also the northeastern corner of the property now or formerly owned by Louis R. Jones, and from said point of beginning thence running S. 44° 19' 34" E. along the southwestern line of Princess Anne Road, a distance of 652.86 feet to a point marked by a pin in the line dividing the property herein conveyed from the property now owned by Mt. Olive Holiness Church; thence turning and running along said line S. 45° 40' 26" W. a distance of 622.55 feet to a point marked by a pin in a ditch; thence turning and running S. 86° 27' 25" W. a distance of 1230.6 feet along a ditch to a point marked by a pipe in the eastern line of Landtown Road; thence turning and running along the eastern line of Landtown Road N. 0° 54' 30" W. a distance of 158.5 feet to a point marked by a pin; and thence turning and running along the line dividing the property hereby conveyed from the property conveyed formerly to Louis R. Jones by deed of Constellation Corporation, recorded in the Clerk`s Office of the Circuit Court of the City of Virginia Beach, Virginia, In Deed Book 765, at page 139, N. 56° OS' 49" E. a distance of 1469.83 feet to a point in the southwestern line of Princess Anne Road, which point is the point of beginning. Less and expect that property conveyed to the Commonwealth of Virginia by Certificate of Take recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 2991, at page 1835. The said property is subject to an easement of right way granted to Virginia Electric and Power Company by William L. Shapero and Carolina S. Shapero, husband and wife, by deed dated June 24th, 1970, which is more particularly described in said deed of easement recorded in the Clerk's Office aforesaid in Deed Book 1168, at page 620. The said property is also subject to an easement of right of way granted to Virginia Electric and Power Company by Constellation Corporation, which is more particularly described in Deed Book 794, at page 590 and as shown in Map Book 53, at page 24 in the aforesaid Clerk's Office. It being the same property conveyed to W. B. Meredith, II by deed from Robert W. Waddell and Grover C. Wright, Jr., Trustees of Virginia Beach Orthopedic Associates Employee Profit Sharing Plan, dated June 8th, 1973 and duly recorded in the Clerk's Office aforesaid in Deed Book 1363, at page 677. 7 Exhibit C Re-Zoning Parcel ALL THAT TRACT OR PARCEL OF LAND SITUATE IN THE CITY OF VIRGINIA BEACH, COMMONWEALTH OF VIRGINIA BElNG PART OF GP1N 1485-70-8361 AND 1485-70-4041 AND BEING DESCRIBED AS FOLLOWS: BEGINNING AT A POINT AT THE SOUTHEASTERLY INTERSECTION OF PRINCESS ANNE ROAD (140' AND VAR.) AND DAM NECK ROAD (160' AND VAR.); THENCE ALONG THE SOUTHERLY BOUNDS OF PRINCESS ANNE ROAD S 53°09'29" E, 358.87' ; THENCE S 36°50'31" W, 354.87'; THENCE N 44°57'52" W, 471.60' TO A POINT IN THE EASTERLY BOUNDS OF DAM NECK ROAD; THENCE ALONG DAM NECK ROAD IN A NORTHEASTERLY DIRECTION ON A CURVE TO THE RIGHT HAVING A RADNS OF 832.50', AN ARC LENGTH OF 12.40' TO A POINT OF REVERSE CURVATURE; THENCE CONTINUING ALONG DAM NECK ROAD ON A CURVE TO THE LEFT HAVING A RADNS OF 859.83', AN ARC LENGTH OF 102.67'; THENCE N 56°00' 16" E, ALONG DAM NECK ROAD, 192.40' TO THE POINT OF BEGINNING CONTAINING 3.067 ACRES OF LAND MORE OR LESS. 20096666v5 8 V N ? ?. N ? d ? O -r O ry ? O O Q_ ? M ? O ? y hi TJ ? ?O ? y N `G V ? O ? ? ? 3 ? ? ? ? O ? n Q ? C2. 4. O? ?. O ? v O h O ti 4 4 :3 fbft n , ? ? ? ? ? It • , U ^e?'.?•, ro? 4 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: SILVER HILL AT THALIA, LLC (Applicant)/JULIA M. STAYLOR (Owner), Conditional Chanqe of Zoninq, R-7.5 Residential to Conditional A-12 Apartment, 4355 Bonney Road (GPIN 1477821462; 1477821535). LYNNHAVEN DISTRICT. MEETING DATE: May 14, 2013 ¦ Background: The applicant proposes to rezone the existing parcels, zoned R-7.5 Residential, to Conditional A-12 Apartment, and to develop the site with ten multifamily dwellings available for residents 55 years of age and older. The site is located south of Bonney Road, adjacent to the Silver Hill Community for seniors and the recently approved Cottages at Silver Hill Phase One. This proposal will be the second phase of the Cottages at Silver Hill. The applicant owns the Silver Hill at Thalia senior housing and the Phase I Cottages at Silver Hill. The applicant also owns the 30 foot access easement extending to Bonney Road. The access will be improved as part of Phase One of the cottages development. This Phase Two proposal is to be located on an extension of this access easement. ¦ Considerations: This second phase of the Silver Hill at Thalia proposes two buildings; one structure is designed with six-units and the other will be four-units. The buildings are positioned facing each other with the parking between similar to the layout of Phase One. The building materials will be similar to Phase One. The site requires 20 parking spaces for the residents. The submitted plan depicts 16 parking spaces and one handicap accessible parking space for the residents. The applicant intends to vacate all the internal property lines and add the subject property with the previously approved Phase One parcel to create one parcel. As one parcel there will be a sufficient number of parking spaces to have two parking spaces per unit. The submitted elevations for the project depict two-story multi-family buildings designed as attached dwelling units similar to the Phase One Cottages of Silver Hill. The exterior of the buildings consists of an exterior of vinyl lap and shake siding, a brick foundation skirt, and 30-year architectural-grade roofing shingles. All of the units will have covered entries as well as rear patios. Regarding building design, the proffered plan and architectural elevations for each townhome style show a design that is compatible with Phase One and the area, provided building materials are equal in quality. There was no opposition to the request. Silver Hill at Thalia, LLC Page2of2 ¦ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request to the City Council with the following proffers: PROFFER 1: When the Property is developed, it shall be as an adults only, age restricted residential community substantially in accordance with the "DEVELOPMENT EXHIBIT FOR COTTAGES AT SILVER HILL PHASE II (GPIN 1477-82-1535 & 1477-82-1462) VIRGINIA BEACH, VIRGINIA", dated December 14, 2012, prepared by WPL, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (the "Concept Plan"). PROFFER 2: When the Property is developed, it will be landscaped substantially as depicted and described on the Concept Plan, with vehicular Ingress and Egress limited to one (1) entrance from the adjoining thirty foot (30') wide Access Easement to Bonney Road. PROFFER 3: The total number of dwelling units permitted to be constructed on the Property shall not exceed ten (10). PROFFER 4: The architectural design and exterior building materials of the residential buildings will be substantially as depicted and described on page numbered 2 of the Concept Plan. PROFFER 5: When the Property is developed, it shall be as an age restricted adult residential community with each unit occupied on a full-time basis, by at least one (1) adult resident over fifty-five (55) years of age. In addition, no persons under twenty (20) years of age shall be permitted to reside in any residential unit or units for more than ninety (90) days in any calendar year. This proffer is subject to any relevant provision(s) of State law or Federal law. PROFFER 6: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. ¦ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: City Manager. V Planning Department ? _VNNMAVEN F-t Silver Hili at l nalia, L1.C, 64C' A36' " I , . A24` 4S ? A3 R7.5 ? ?s. C. • ., , 02 ' rF . ? • S -- w.??e?nrsr ? 4 ?18A ?. ? B3 ' ? ? O2 R7.5 . en0r Rrf -- ? . 0 2 \ W"' CondlUonal2onfng Change from R 7.5 to Condttlonal Cond7tional A-12 6 April 10, 2013 Public Hearing APPLICANT & PROPERTY OWNER: SILVER HILL AT THALIA, LLC PROPERTY OWNER: J U LIA M. STAYLOR STAFF PLANNER: Karen Prochilo REQUEST: Conditional Chanqe of Zoninq (R 7.5 Residential District to Conditional A-12 Apartment District) ADDRESS / DESCRIPTION: 4355 Bonney Road GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14778214620000 LYNNHAVEN 2.069 acres Less than 65 dB DNL 14778215350000 BACKGROUND / DETAILS OF PROPOSAL The applicant proposes to rezone the existing R-7.5 Residential properties to Conditional A-12 Apartment and develop the site with 10 multi-family dwellings available for residents 55 years of age and older. The site is located off Bonney Road, adjacent to the Silver Hill Community for seniors and the recently approved Cottages at Silver Hill Phase I. This proposal will be the second phase of the Cottages at Silver Hill. The applicant owns the Silver Hill at Thalia senior housing and the Phase I Cottages at Silver Hill. The applicant also owns the 30 foot access easement extending to Bonney Road which is to be improved as part of the first phase of the cottages development. This Phase II proposal is to be located on an extension of this access easement. The second phase proposes two buildings; one structure is designed with six-units and the other will be four-units. The buildings are positioned facing each other with the parking between similar to the layout of Phase I. The building materials will be similar to Phase I. The site requires 20 parking spaces for the residents. The submitted plan depicts 16 parking spaces and one handicap accessible parking space for the residents. The applicant intends to vacate all the ifiternat t V. SILVER HILL AT THALIA; '!LLC Agenda Ite;m 6 Page 1 property lines and add the subject property with the previously approved Phase I parcel to create one parcel. As one parcel there will be a sufficient number of parking spaces to have 2 parking spaces per unit. The submitted elevations for the project depict two-story multi-family buildings designed as attached dwelling units similar to the Phase I Cottages of Silver Hill. The exterior of the buildings consists of an exterior of vinyl lap and shake siding, a brick foundation skirt, and 30-year architectural-grade roofing shingles. All of the units will have covered entries as well as rear patios. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Primariliy undeveloped with one single-family dwelling and an accessory building SURROUNDING LAND North: USE AND ZONING: South: East: W est: NATURAL RESOURCE AND CULTURAL FEATURES: • Housing for Seniors / A-36 Apartment District • Office Development / 0-2 Office District • Single-family dwellings / R-7.5 Residential District • Office Development / 0-2 Office District This site falls within the Chesapeake Bay watershed. COMPREHENSIVE PLAN: This site is within the Suburban Area. Key planning principles have been established to preserve neighborhood quality, create and protect open spaces, and enhance suburban mobility connection. Achieving these goals requires that development either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability, effective buffering of residential with respect to type, size, intensity, and relationship to the surrounding uses. (p. 3-1 thru 3-3) The Housing & Neighborhood Chapter policies encourage development of housing that is attractive and affordable to a range of income groups, ages, cultures and household types. Residential development should be ecologically responsible, energy-efficient, contribute to our quality physical environment and developed and designed according to guidelines that help protect people and property, such as the Crime Prevention Through Environmental Design (CPTED). (p. 8-5, p. 8-8) The planning principles for the Suburban Area are reinforced by Special Area Development Guidelines for site and building design. These design principles improve the quality of our physical environment. The Guidelines were applied to the proposed residential development's preliminary plan with regard to site design, architecture and streetscape. Some consideration should also be given to the importance of designing for connectivity and ease of mobility for the older residents in the Silver Hill residential community. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Bonney Road in the vicinity of this application is considered a four-lane undivided minor urban arterial. The Master SILVER HILL AT T1iALIA; LLC k Agenda Item 6 Pa'oe 2 Transportation Plan proposes a four-lane facility within an 80 foot right-of-way. Currently, this segment of roadway is functioning near capacity at a LOS D. No roadway Capital Improvement Program projects are slated for this area. This application is for Phase 2 of the Silver Hill project. Phase I consisted of 29 additional senior apartments. Both phases will utilize one access point onto Bonney Road. The combined trip generation for both phases is 136 ADT, 5 AM Peak Hour Vehicles, 7 PM Peak Hour Vehicles. The combined development does not generate a need for any turn lanes on Bonney Road. TRAFFIC: Street Name Present Volume present Capacity Generated Traffic Bonney Road 15,064 ADT 14,800 ADT (Level of Existing Land Use - (2012") Service "C") 93 ADT 22,800 ADT 1(Level of Proposed Land Use 3- Service "D") 187 ADT 27,400 ADT' (Level of Service "E" Average Daily Trips Z as defined by r 7.5 zoning and 2 single family dwellings 3 as defined b A-12 zonin 8 10 units attached senior housin WATER: This site does not front City water. The Phase I parcel is to connect to City water. There is an 8 inch City water main along Bonney Road. SEWER: This site does not front City sanitary sewer. The Phase I parcel is to connect to City sanitary sewer. There is an 8-inch City water main along Bonney Road. Pump Station #264, the receiving pump station for this site, has capacity issues and may require system modification. An engineering hydraulic analysis of Pump station # 264 and the sanitary sewer collection system is required to ensure future flows can be accommodated. There is a 12-inch City gravity sanitary sewer main along Bonney Road. There is a 16-inch City force main along Bonney Road. SCHOOLS: Due to the age-requirement for the dwelling unit owners, school populations are not affected by the request. CHESAPEAKE BAY: This project has received an administrative variance based on this layout. EVALUATION AND RECOMMENDATION This proposal will be the second phase of the Cottages at Silver Hill and is substantially the similar to Phase 1 in design and purpose. Housing for persons 55 years and older contributes to a diversity of housing choices in the City. This proposal is generally consistent with the Comprehensive Plan's policies for the Suburban Area and the Housing and Neighborhood Plan. With regard to incorporating natural site features into the development plan, only by virtue of the 100 foot Chesapeake Bay Protection Area Buffer are existing healthy trees and groundcover on this site being preserved. As for the remainder of the site, these natural features should be preserved to the greatest extent possible that still enables site development. During design of the engineered site plan, the stormwater retention facility located behind the townhomes could be incorporated as an open space or SILVER HILL AT THALIA,`I.LC Agenda Itqm 6 Page 3 landscape amenity for Phase II. The small open space area designated as picnic area on the submitted site plan could be more central to the development versus being located at the edge adjacent to the access easement and at the rear of the townhomes. In addition, the different phases of this growing Silver Hill residential community are relatively disconnected from one another as well as the surrounding neighborhood. Each area within this community would be better served with sidewalks or a trail system, including well-marked crossings of entrance drives. The complete age-restricted community should be connected to the sidewalk along Bonney Road to enable greater pedestrian and bicycle mobility between the neighborhood and surrounding areas. While sidewalks are provided in front of each set of townhomes in Phase I and Phase II; safe pedestrian mobility and connectivity to each of the residential areas of the Silver Hill community and connectivity to the sidewalk along Bonney Road is missing. Improvement of the 30-foot access easement extending to Bonney Road should include a continuous sidewalk from Phase II to Bonney Road and a well-marked pedestrian crossing should be provided between Phase I and Phase II. Staff is agreeable to working with the applicant during site plan review to address these issues. Regarding building design, the proffered plan and architectural elevations for each townhome style show a design that is compatible with Phase I and the area, provided building materials are equal in quality. Overall, the proposed residential development is complementary to the streetscape and adjacent residential uses. Staff recommends approval of the request as proffered below. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: When the Property is developed, it shall be as an adults only, age restricted residential community substantially in accordance with the "DEVELOPMENT EXHIBIT FOR COTTAGES AT SILVER HILL PHASE II (GPIN 1477-82-1535 & 1477-82-1462) VIRGINIA BEACH, VIRGINIA", dated December 14, 2012, prepared by WPL, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ( the "Concept Plan"). PROFFER 2: When the Property is developed, it will be landscaped substantially as depicted and described on the Concept Plan, with vehicular Ingress and Egress limited to one (1) entrance from the adjoining thirty foot (30') wide Access Easement to Bonney Road. PROFFER 3: The total number of dwelling units permitted to be constructed on the Property shall not exceed ten (10). PROFFER 4: The architectural design and exterior building materials of the residential buildings will be substantially as depicted and described on page numbered 2 of the Concept Plan. SILVER HILL AT THALIA; 14C Agenda Item 6 Paoe 4 PROFFER 5: When the Property is developed, it shall be as an age restricted adult residential community with each unit occupied on a full-time basis, by at least one (1) adult resident over fifty-five (55) years of age. In addition, no persons under twenty (20) years of age shall be permitted to reside in any residential unit or units for more than ninety (90) days in any calendar year. This proffer is subject to any relevant provision(s) of State law or Federal law. PROFFER 6: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. STAFF COMMENTS: The proffers listed above are acceptable as they dictate the level of quality of the project. The City Attorney's Office has reviewed the proffer agreement dated December 28, 2012, and found it to be legally sufficient and in acceptable legal form. SILVER HILL AT THALIA, .LLC Agenda Item 6 Page 5 AERIAL OF SITE LOCATION ?N < ? O ?I ol ? ? ? 0 m 44? ???? ?sa eae ?e"se 01 «< «< [e« Q 739 ?ne? : i??? s d ? w? E??E F?3€ ? ?li? $4$ ?ia??3g ?4?., 6pE 6net q pJ 955 S?*??€! ?cfF 4-?q? ? t=ni5 ?.E+?4i ? Y ? 6 ? ° o S? ? ? if?14 5 ?b9 .rp2a? i / 1 g ?;?I.i?1 ? ? : µ , 91 Y?? u ? • W, N5F-? I? ??` a's 0. O a w `?`?b C] bz- ? S 9 =?a ? A P / O 0 'i _ A °C: ? 5rc ?' •??, oC' /'C? .>, ? ` L? A3.9b'J •?a?^ ?I Sgi?yy_? ? ?'.g4: 6 \a z ?1 ? --- ?- w \ -? V s:_?;p: O ?9iy - . ? 0 / s ?35 I PROPOSED SITE PLAN ' ?G SILVER HILL AT THAW Agenda F ?Z 0 t _ 6 , ?` ? a ? 0 w F yR Fp4 ` ao ??E?o ? 0 z 0 E- a > w a w w a c'n 0 Q > ? ? 0 x w o ? ¢ w ? d ? ? PROPOSED BUILDING ELEVATIONS SILVER HILL AT THALIA, LLC Agenda Item 6 Page 8 , ? _.5 LYNNHAVEN c>>?,??• u;» •at Th.al?•a T ,T .f ?A@ !Ut i0 ? B4C* A24* R7.5 L1 621 A? ,- ? ,3 ???-- /? Q ? 4 u'I'? I. euooIns cr J ? --- -? _? ? c a 1 ? °o I s . . _.._ I 1 ' Zoning with Conditions,'Protfers. Open Conditional Zoning Change from R 7.5 to conattionai c: onatuonar H-I z Space Promotion or PDH-2 Overlays ZONING HISTORY # DATE REQUEST ACTION 1 10/09/2012 Rezoning (Conditional 0-1 Office to Approved Conditional A-24) 07/03/2010 Rezoning (R-7.5 Residential to Conditional O- Approved 1 Office 2 03/10/1998 Rezoning (Conditional 0-1 Office to Approved Conditional A-36 Apartment) and Conditional 08/28/1989 Use Permit (Housing for Elderly) Approved Rezoning (R-7.5 Residential to Conditional 0- 1 Office 03/03/1986 Rezonin R-6 Residential to 0-1 Office Denied 02/26/2008 Conditional Use Permit Home Occupation Approved 3 03/22/2011 Rezoning (Conditional A-24 Apartment District Approved to C 03/24/2009 Ap 05/23/1983 Re 24 Apartment) Re 4 04/16/1984 Re 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) Silver Hill at Thalia, L.L.C.: Richard M. Waitrer, Manager 2. List all businesses that have a parent-subsidiary' or affiliated business entityZ relationship with the applicant: (Attach list if necessary) ? Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Comp/ete fhis section on/y 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) Julia M. Staylor 2. List all businesses that have a parent-subsidiary' or affiliated business entityZ relationship with the applicant: (Attach list if necessary) X Check here ff the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes Condttlonal Rezoning Application Page 11 oi 72 Revised 9/1/2004 ? 0 ? ? V ? ? ? ? ? O N ? O ? F?I A ? O V DISCLOSURE STATEMENT SILVER HILL AT T1-IAtIA, LLC Agenda Item 6 Page 10 ? 0 ? ? V ? ? ? ? ? O N ? O ? ?y A ? O ? ir- DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) Sykes, Bourdon, Ahern & Levy, P.C. WPL 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectiy owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of interests Act, Va. Code § 2.2-3101. Z"Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controAing 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 othenvise 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 appiication 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 accordin to the instructions in this p? ge. Silver i I/ at Tha?i'?, ? By: ?l/?'? Richard M. Waitzer, Manager ApplicanYs Signature Print Name Julia M. 5taylor Pr Owner's ignature (i iffere than applicant) Print Name Conditional Rezoning Application Page 12 of 12 Revised 91112004 DISCLOSURE STATEMENT SILVER HILL AT THAL-IA, LLC .Agenda Item 6 Page 11 Item #6 Silver Hill at Thalia, L.L.C. Conditional Change of Zoning 4355 Bonney Road District 5 Lynnhaven April 10, 2013 CONSENT An application of Silver Hill at Thalia, L.L.C. for a Conditional Change of Zoning (R 7.5 Residential District to Conditional A-12 Apartment District) on property located at 4355 Bonney Road, District 5, Lynnhaven. GPIN: 14778214620000; 14778215350000. PROFFERS PROFFER 1: When the Property is developed, it shall be as an adults only, age restricted residential community substantially in accordance with the "DEVELOPMENT EXHIBIT FOR COTTAGES AT SILVER HILL PHASE II (GPIN 1477-82-1535 & 1477-82-1462) VIRGINIA BEACH, VIRGINIA", dated December 14, 2012, prepared by WPL, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ( the "Concept Plan"). PROFFER 2: When the Property is developed, it will be landscaped substantially as depicted and described on the Concept Plan, with vehicular Ingress and Egress limited to one (1) entrance from the adjoining thirty foot (30') wide Access Easement to Bonney Road. PROFFER 3: The total number of dwelling units permitted to be constructed on the Property shall not exceed ten (10). PROFFER 4: The architectural design and exterior building materials of the residential buildings will be substantially as depicted and described on page numbered 2 of the Concept Plan. PROFFER 5: When the Property is developed, it shall be as an age restricted adult residential community with each unit occupied on a full-time basis, by at least one (1) adult resident over fifty-five (55) years of age. In addition, no persons under twenty (20) years of age shall be permitted to reside in any residential unit or units for more than ninety (90) days in any calendar year. This proffer is subject to any relevant provision(s) of State law or Federal law. PROFFER 6: Item #6 Silver Hill at Thalia, L.L.C. Page 2 Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. STAFF COMMENTS: The proffers listed above are acceptable as they dictate the level of quality of the project. The City Attorney's Office has reviewed the proffer agreement dated December 28, 2012, and found it to be legally sufficient and in acceptable legal form. AYE 10 NAY 0 ABS 0 ABSENT 1 BERNAS AYE FELTON ABSENT HENLEY AYE HODSGON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE By a vote of 10-0, the Commission approved item 6 by consent. Eddie Bourdon appeared before the Commission on behalf of the applicant. ?G?N[A•$6?C,?1 G) (•.i ?? I ?? ? . ,. o?"?,ay Y?? , m?? P' N ??F OUR NAS?O In Reply Refer To Our File No. DF-8601 TO: Mark D. Stiles ?? ' FROM: B. Kay Wilsor??? CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE DATE: May 2, 2013 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; Siiver Hill at Thalia, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on May 14, 2013. I have reviewed the subject proffer agreement, dated December 28, 2012 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: Kathleen Hassen SILVER HILL AT THALIA, L.L.C., a Virginia limited liability company JULIA M. STAYLOR TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BF.ACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 28th day of December, 2012, by and between SILVER HILL AT THALIA, L.L.C., a Virginia limited liability company, Grantor, party of the first part; JULIA M. STAYLOR, Grantor, party of the second part; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee, party of the third part. WITNESSETH: WHEREAS, the party of the second part is the owner of that certain parcel of property located in the Lynnhaven District of the City of Virginia Beach, Virginia, containing approximately 1.1o6 acres, designated and described as "Parcel One" in Exhibit "A" attached hereto and incorporated herein by this reference. Parcel One described herein and in Exhibit "A" along with Parcel Two as hereinafter described are collectively referred to herein as the "Property"; and WHEREAS, the party of the first part is the owner of that certain parcel of property located in the Lynnhaven District of the City of Virginia Beach, Virginia, containing approximately o.963 acres, designated and described as "Parcel Two" in Exhibit "A" attached hereto and incorporated herein by this reference. Parcel Two described herein and in Exiibit "A", along with Parcel One, are collectively referred to herein as the "Property"; and GPIN: 1477-82-1462-0000 1477-82-1535-0000 Prepared By: R. Edward Bourdon, Jr., Esquire Sykes, Bourdon, Ahern & Levy, P.C. 281 Independence Blvd. Pembroke One, Fifth Floor Virginia Beach, Virginia 23462 VSB #22ibo 1 WHEREAS, the party of the first part as the contract purchaser of Parcel One and the owner of Parcel Two has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from R-7.5 Residential District to Conditional A-12 Apartment District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the party of the first part acknowledges that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the party of the first part has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the A-12 Zoning District by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the party of the first part, for itself, its successors, personal representatives, assigns, grantee, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid ?ro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantee, and other successors in interest or title: 1. When the Property is developed, it shall be as an adults only, age restricted residential community substantially in accordance with the "DEVELOPMENT EXHIBIT FOR COTTAGES AT SILVER HILL PHASE II (GPIN 1477-82-1535 & 1477-82-1462) VIRGINIA 2 BEACH, VIRGINIA", dated December 14, 2012, prepared by WPL, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (the "Concept Plan"). 2. When the Properly is developed, it will be landscaped substantially as depicted and described on the Concept Plan, with vehicular Ingress and Egress limited to one (1) entrance from the adjoining thirty foot (30') wide Access Easement to Bonney Road. g. The total number of dwelling units permitted to be constructed on the Property shall not exceed ten (io). 4. The architectural design and exterior building materials of the residential buildings will be substantially as depicted and described on page numbered 2 of the Concept Plan. 5. When the Property is developed, it shall be an age restricted adult residential community with each unit occupied on a full-time basis, by at least one (1) adult resident over fifty-five (55) years of age. In addition, no persons under twenty (20) years of age shall be permitted to reside in any residential unit or units for more than ninety (90) days in any calendar year. This proffer is subject to any relevant provision(s) of State law or Federal law. 6. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's OfFice of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with 3 said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the Grantor and the Grantee. 4 WITNESS the following signature and seal: Grantor: Silver Hill at Thalia, L.L.C., a Virginia limited liability company / Ey: ?- (5EAL) Richard M. Waitzer, Manager STATE OF VIRGINIA CTTY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this _A?'day of December, 2012, by Richard M. Waitzer, Manager of Silver Hill at Thalia, L.L.C., a Virginia limited liabiliry company, Grantor. My Commission Expires: Notary Registration Number: &L'_J blic,.?`GP?ET• ?? • A'?0 ?''??. : RY p ,y •? REG # f??y•: ' - '? 192153 = c? ? COMMISSION ? a EXPIRES r 2: •.10/31/2015'' b ? ?Q y?• ••......;•?? J `??. FA LTN 1?" 5 WI'INESS the following signature and seal: Grantor: (SEAL) STATE Ok',VIRGI CITY OF to-wit: The foregoing instrument was acknowledged before me thisQ?O" day of December, 2012, by 3ulia M. Stay-lor, Grantor. qm k"zcla L8t&1;p ..- Notary Public My Commission Expires: Notary Registration Number: ???„m111?1,1,,,, .``%\\Q.G?T' D. : ?P; ;?PRY P?? REG # 192153 ?' - COMMISSION EXPIRES :' 2 = %???•._10/31/2015.? Q? 6 EXHIBIT "A" LEGAL DESCRIPTION PARCEL ONE: ALL THAT certain tract, piece or parcel of land, with the buildings and improvements thereon, situate, lying and being near Bonney Road, (formerly Old-Norfolk London Bridge Road) near Jacksondale, now known as Rosemont Road, in Virginia Beach, Virginia, and more particularly described as follows: BEGINNING at a pin on the Western lie of a 30 foot right of way 447.7 feet South of its intersection with the Southern line of Bonney Road and running thence South 8° West along the Western line of said 30 feet right of way 130 feet to a pin; thence South 45° West 214 feet, more or less, to the center of a creek; thence North 53° 38' West 229.96 feet along the center of said creek to a point; thence North 68° 30' East 382 feet to a pin, the point of beginning, containing l.o acres, more or less, and the full and free right and liberty at all times hereafter to use that certain thirty foot right of way abutting the above described property, said right of way being situated in the City of Virginia Beach, Virginia and extending back from Bonney d e?oaa a shown on a certain plat entitled "Properry of Andrew Land", dated May 15, 1955 an in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 39, at Page 28, the right hereby granted to include the use of said right of way at all times and for all purposes connected with the use and occupation of said land hereinabove mentioned, in common with all other abutting landowners who have the right to use said right of way. GPIN: 1477-82-1462-0000 PARCEL TWO: ALL THAT certain tract, piece or parcel of land, lying, situate and being in the Borough of Kempsville, in the City of Virginia Beach, Virginia, known and described as "0.88 AC." on plat entitled, "PLAT OF PART OF ANDREW LAND PROPERTY TO BE CONVEYED TO LUTHER PRICE, KEMPSVILLE BORO, VIRGINIA BEACH, VA.,, SCALE i" = 60', JULY 30, 1965, C.A. BAMFORTH, SURVEYOR, 305 OVERLAND ROAD, VIRGINIA BEACH, VA.", which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 945, at Page 315. GPIN: 1477-82-1535-0000 \\Sykesw2k\users\AM\Conditiona1 Rezoning\Silver Hill @ Thalia\Cottages @ Silver Hills\2010roffer.doc 7 . u"', a CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH - An Ordinance to Amend Section 1001 of the City Zoning Ordinance, Establishing repair of Boats and Vessels as a Conditional Use in the I-1 Industrial District. MEETING DATE: May 14, 2013 ¦ Background: The amendment allows facilities for constructing, maintaining, and repairing boats and vessels as a conditional use in the I-1 Light Industrial District. Because certain dictionaries define the term "vessel" to include watercraft bigger than a rowboat, the amendment also expressly includes the term "boats" in order make it clear that small watercraft may also be constructed, maintained and repaired at such facilities. ¦ Considerations: Staff recommends approval of the proposed amendment. The amendment, if adopted, will resolve an issue that has affected those who specialize in this business in the present and past. There was no opposition to the request. ¦ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request to the City Council. ¦ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: IL I korok, 13 April 10, 2013 Public Hearing CITY OF VIRGINIA BEACH AMENDMENT TO SECTION 1001 OF THE ZONING ORDINANCE / REPAIR OF BOATS REQUEST: An Ordinance to Amend Section 1001 of the City Zoning Ordinance, Establishing repair of Boats and Vessels as a Conditional Use in the I-1 Industrial District. BACKGROUND The amendment allows facilities for constructing, maintaining, and repairing boats and vessels as a conditional use in the I-1 Light Industrial District. Because certain dictionaries define the term "vessel" to include watercraft bigger than a rowboat, the amendment also expressly includes the term "boats" in order make it clear that small watercraft may also be constructed, maintained and repaired at such facilities. EVALUATION AND RECOMMENDATION Staff recommends approval of the proposed amendment. The amendment, if adopted, will resolve an issue that has affected those who specialize in this business in the present and past. CITY OF VIRGINIA BEACH / Section 1001 = Boat Repair Agenda IteM 13 Page 1 1 AN ORDINANCE TO AMEND SECTION 1001 OF THE CITY 2 ZONING ORDINANCE, ESTABLISHING REPAIR OF BOATS AND 3 VESSELS AS A CONDITIONAL USE IN THE I-1 INDUSTRIAL 4 DISTRICT 5 g Section Amended: City Zoning Ordinance Section 1001 7 8 WHEREAS, the public necessity, convenience, general welfare and good zoning 9 practice so require; 10 11 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 12 VIRGINIA: 13 14 That Section 1001of the City Zoning Ordinance is hereby amended and reordained, to 15 read as follows: 16 17 ARTICLE 10. INDUSTRIAL DISTRICTS 18 19 .... 20 21 Sec. 1001. Use regulations. 22 (a) Principal and conditional uses. The following chart lists those uses permitted 23 within the I-1 and I-2 Industrial Districts. Those uses and structures in the respective industrial 24 districts shall be permitted as either principal uses indicated by a"P" or as conditional uses 25 indicated by a"C." Uses and structures indicated by an "X" shall be prohibited in the 26 respective districts. No uses or structures other than as specified shall be permitted. 27 28 Use 1-1 1-2 29 .... 30 31 Facilities for construction, maintenance and 32 repair of boats and vessels x C P 33 34 .... 35 36 COMMENT 37 3$ The amendment allows facilities for constructing, maintaining and repairing boats and vessels as a 39 conditional use in the I-1 Industrial District. Beeause certain dictionaries define the term "vessel" to 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 include watercraft bigger than a rowboat, the amendment also expressly includes the term "boats" in order make it clear that small craft may also be constructed, maintained and repaired at such facilities. Adopted by the City Council of the City of Virginia Beach, Virginia on the day of 12013. CA-12530 March 7, 2013 R-1 APPROVED AS TO i Departmeniof Planning TENT: APPROVED AS TO LEGAL SUFFICIENCY: . , City Attorney's Office 2 Item #13 City of Virginia Beach An Ordinance to Amend Section 1001 of the City Zoning Ordinance, Establishing repair of Boats and Vessels as a Conditional Use in the I-1 Industrial District. April 10, 2013 CONSENT The amendment allows facilities for constructing, maintaining, and repairing boats and vessels as a conditional use in the I-1 Light Industrial District. Because certain dictionaries define the term "vessel" to include watercraft bigger than a rowboat, the amendment also expressly includes the term "boats" in order make it clear that small watercraft may also be constructed, maintained and repaired at such facilities. AYE 10 NAY 0 BERNAS AYE FELTON HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE ABS 0 ABSENT 1 ABSENT By a vote of 10-0, the Commission approved item 13 by consent. Stephen White presented this application to the Commission. N. APPOINTMENTS GKEEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORICAL REVIEW BOARD MINORITY BUSINESS COUNCIL OLD BEACH DESIGN REVIEW COMMITTEE SOCIAL SERVICES BOARD O. UNFINISHED BUSINESS P. NEW BUSINESS Q. ADJOURNMENT PUBLIC COMMENT Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers ***********************t******** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 *?************?****??*****?**** 2013 CITYHOLIDAYS Memorirrl Day - Mnrrrlcry, May 27 Iticlepeiirlettce Dcry - Tlicirsda ,r, Jirl), 4 Lahor Day= - Mot7rlcg, Septerrrber Z Veter•rrris llal- - Nlotldty, Nover716er II I'laafxks;ivittl- Dtry & Dccj' qfter Tfiazks?;ivittg - TliursdaY, Noventber 28 & Fridny, Novefnber 29 Cliristmccs Eve (ftctlf-(1a1) - Tuesday, Deeember 24 Christmas Dny - Wedytesclu)-, ?ecenzher 25 5/14/13 st