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HomeMy WebLinkAboutMAY 13, 2014 AGENDACITY COUNCIL MAYOR WILLIAM D. SESSOMS, JR., At Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 ROBERT M. DYER, Centerville - District 1 BARBARA M. HENLEY, Princess Anne — District 7 SHANNON DS KANE, Rose Hall - District 3 BRAD IvlARJJN, P.E., At Large JOHN D.MOSS, At Large AMELIA ROSS-HAMMOND, Kempsville - District 2 JOHN E. UHRIN, Beach District 6 ROSEMARY WILSON, At Large .JAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL APPOINTEES ('11YMANAGER — JAMES K. SPORE CITY A7TORNEY MARK D. STILES ('ITY ASSESSOR - JERALD D. BANAGAN ('ITYA(IDITOR 1YNDONS.RE'MIAS (77'Y CLERK RUTH HODGES FRASER, MMC CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA 13 MAY 2014 CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-9005 PHONE: (757) 385-4303 FAX (757) 385-5669 E-MAIL: Ctycncl@vbgov.com I. CITY COUNCIL'S BRIEFING - Conference Room - 1) ARENA BUSINESS and OPERATING ANALYSIS Bill Rhoda, Principal, CSL II. CITY COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION A. B. C. - Conference Room - CALL TO ORDER — Mayor William D. Sessoms, Jr. ROLL CALL OF THE CITY COUNCIL RECESS TO CLOSED SESSION 4:30 PM 5:30 PM VI. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Walter A. Whitehurst Pastor, Retired C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS 2. SPECIAL FORMAL WORKSHOP 3. SPECIAL FORMAL SESSION AND PUBLIC HEARING G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. PUBLIC HEARING 1. LEASE OF CITY -OWNED PROPERTY Cafe Franchises Seaside Raw Bar - 2014 Atlantic Avenue Pier 14 Boardwalk Cafe - 1401 Atlantic Avenue I. ORDINANCES/RESOLUTIONS April 22, 2014 April 29, 2014 May 1, 2014 1. Ordinance to APPROPRIATE the Governor's Opportunity Fund (VGO) Award of $120,000 to Economic Development re incentive for expansion of Prufrex USA, Inc. 2. Ordinance to AUTHORIZE the City Manager to EXECUTE a renewable Lease with the U.S. Coast Guard to maintain a Navigation Light Tower and Navigational Aids on the Rudee Inlet North Jetty 3. Ordinances/Resolutions re: FY 2014-2015 RESOURCE MANAGEMENT PLAN a. FY 2014-2015 Operating Budget: 1) APPROPRIATE for the Fiscal Year, beginning July 1, 2014 and ending June 30, 2015, $1,830,467,105 for Operations, $498,234,068 for Internal Service and $198,378,330 in Interfund Transfers 2) ESTABLISH the tax levy of Ninety -Three Cents ($0.93) per $100 assessed evaluation on real estate for FY 2015 3) ESTABLISH the tax levy of Four Dollars ($4.00) per $100 assessed evaluation on personal property and machinery and tools for the Calendar Year 2015 4) APPROPRIATE $106,008 to the Reserve for Future Commitment and DECLARE $7,000,000 as surplus within the Sandbridge Tax Increment Financing District (TIF) 5) PROVIDE Certification to the Virginia Retirement System (VRS) re member contributions by salary reduction 6) IMPLEMENT the 2015 Employee and Retiree Health Insurance Plans 7) AMEND §32.5-2 of the City Code re Equivalent Resident Unit (ERU) fees to be Forty- three and Three Tenths Cents ($0.43) per day effective July 1, 2014 8) AMEND §12-14.1 of the City Code to increase the Fire Inspection fees to Fifty Dollars ($50) 9) AMEND §21-330 of the City Code to increase Resort Area parking fees and penalties and dedicate revenues to implement a Resort Area Parking Strategy 10)AMEND §§28-4 through 28-7, ADD 28-4.1, REPEAL §28-8 re Sewer Capital Recovery Fees, AMEND §§ 37-7.1 and 37-8 through 37-11 and REPEAL §37-12 re Water Capital Recovery Fees 11) AMEND §§ 35-64 and 35-67 of the City Code re Exemption or Deferral of Real Estate Taxes for Elderly or Disabled Persons by increasing net worth limits 12) AUTHORIZE the City Manager to submit an Annual Funding Plan to the U.S. Department of Housing and Urban Development (HUD) b. FY 2014-2015 Capital Budget: 1) AUTHORIZE the FY-2015/FY-2020 Capital Improvement Program (CIP); and APPROPRIATE $280,957,593 subject to funds being provided from various sources set forth therein 2) AUTHORIZE the issuance of General Obligation Public Improvement Bonds in the maximum amount of $66.4 -Million 3) AUTHORIZE issuance of Storm Water Utility System Revenue Bonds in the maximum amount of $9 -Million 4) AUTHORIZE issuance of Water and Sewer System Revenue Bonds in the maximum amount of $27 -Million 4. Ordinance to DECLINE the V -STOP Grant from the Virginia Department of Criminal Justice (DCJA) and replace federal funds with City funds re compensation for a Detective 5. Ordinances to ACCEPT and APPROPRIATE: a. $39,600 from the Department of Homeland Security re deployment of FEMA to the Washington State mudslide b. $210,331 from the State Compensation Board to the Clerk of the Circuit Court's Technology Trust Fund 6. Ordinance to AUTHORIZE acquisition of land on London Bridge Road from The Taylor Group, LP for $935,000 7. Ordinance to GRANT Open Air Cafe franchises: a. Seaside Raw Bar - 2014 Atlantic Avenue b. Pier 14 Boardwalk Cafe - 1401 Atlantic Avenue 8. Ordinances to AUTHORIZE temporary encroachments into portions of City -owned property: (DISTRICT 5 — LYNNHAVEN) a. GLENN and DENISE SAUCIER to repair a brick wall and lamp at 4325 Lynnville Crescent b. CAMILLE A. and MARIE T. KATTAN to construct a pier and maintain an existing bulkhead at 2333 Leeward Shore Drive (Harbor Canal) 9. Resolution re APPEAL of the Police Chief's decision to deny a Precious Metals Dealer Permit to Kaitlin Jean Baker J. PLANNING 1. Application of BRIAN J. DUNDON for a Variance to Section 4.4(b) of the Subdivision Ordinance re an additional residential lot at 449 Old Great Neck Road DISTRICT 6 - BEACH RECOMMENDATION: APPROVAL 2. Application of JAMES E. and BETHANY S. VAUGHAN and ROBERT P. VAUGHAN at 2388 Vaughan Road: DISTRICT 7 —PRINCESS ANNE a. Variance to Section 4.4(d) of the Subdivision Ordinance re creation of a lot with no direct access to a public right-of-way. b. Conditional Use Permit for Alternative Residential Development RECOMMENDATION: APPROVAL 3. Application of GREAT NECK, L.P. and CHANNEL POINTS, LLC for Modification of Condition No. 2 of a Subdivision Variance (approved September 24, 1996) re construction of a residence and pool within the Resource Protection Area (RPA) at 1903 Channel Points Lane DISTRICT 5 - LYNNHAVEN RECOMMENDATION: APPROVAL 4. Application of R & J PETRO DBA STUDIOS 4 LESS and THE RAMSEY-WHITE COMPANY, L.C. for Modification of Proffer No. 4 to a Change of Zoning (approved December 4, 2013) from a mixed-use structure to motel rooms at 717 South Military Highway DISTRICT 2 - KEMPSVILLE RECOMMENDATION: APPROVAL 5. Application of ROBIN RAY for enlargement of a Nonconforming Use and renovation of a garage at 5202 and 5204 Ocean Front Avenue DISTRICT 5 — LYNNHAVEN. RECOMMENDATION: APPROVAL 6. Application of C & J INVESTORS, LLC and J & M KELLAM FAMILY PARTNERSHP for Alternative Compliance to the Oceanfront Resort District Form -Based Code to allow erection of four (4) detached dwellings at 516 20th Street DISTRICT 6 - BEACH RECOMMENDATION: APPROVAL 7. Application of NOEL GONZALEZ and BIRCHWOOD ASSOCIATES, LLC for a Conditional Use Permit re an event hall at 329 Birchwood Park Drive DISTRICT 5 - LYNNHAVEN RECOMMENDATION: APPROVAL 8. Application of HIF, LLC, HIC, LLC; MACH ONE, LLC for a Conditional Change of Zoning from B-2 Community Business to Conditional A-18 Apartment re 252 dwelling units at Windsor Oaks Boulevard and Holland Road DISTRICT 3 - ROSE HALL RECOMMENDATION: APPROVAL 9. Application of CITY OF VIRGINIA BEACH to AMEND §§211 and 216 of the City Zoning Ordinance (CZO) re Sponsorship Signs for Public Art Exhibitions on public property DISTRICT 2 - KEMPSVILLE RECOMMENDATION: APPROVAL K. APPOINTMENTS CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD GREEN RIBBON COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS and RECREATION COMMISSION SOCIAL SERVICES BOARD THE PLANNING COUNCIL TIDEWATER COMMUNITY COLLEGE TOWING ADVISORY BOARD WETLANDS BOARD 2040 VISION TO ACTION COMMUNITY COALITION L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT 5/13/14 st 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 CITY COUNCIL MEETINGS RESCHEDULED EFFECTIVE: JUNE 1, 2014 FIRST/THIRD TUESDAYS: BRIEFING/INFORMAL/FORMAL SESSIONS FIRST TUESDAYS: OPEN CITIZEN DIALOGUE SECOND/FOURTH TUESDAYS: WORKSHOPS — 4:00-6:00 PM CITY COUNCIL RETREAT Economic Development Office Town Center Monday, September 8, 2014 2014 CITY HOLIDAYS ;Llemrorial Darn - Monday, 7lar 26 Independence Dari - Friday, July 4 Labor Day - Ilonlar, Septemher 1 Veterans Dar - Tacsclar, November 11 Thanksgiving Dar and Dap after Thanksgiving — Thnrsilap, November 27 and Friday, Norerrrher 28 Christmas Ere (hal/-day) - Wednesday, , I)ecemher 24 Christmas Dar - Thursday, December 25 I. CITY COUNCIL'S BRIEFING - Conference Room - 4:30 PM 1) ARENA BUSINESS and OPERATING ANALYSIS Bill Rhoda, Principal, CSL II. CITY COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW INFORMAL SESSION - Conference Room - 5:30 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. ROLL CALL OF THE CITY COUNCIL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Walter A. Whitehurst Pastor, Retired C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS 2. SPECIAL FORMAL WORKSHOP 3. SPECIAL FORMAL SESSION AND PUBLIC HEARING G. FORMAL SESSION AGENDA 1. CONSENT AGENDA April 22, 2014 April 29, 2014 May 1, 2014 PUBLIC NOTICE LEASES OF CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING at 6:00 P.M. on May 13, 2014 in the City Council Chamber regarding the proposed cafe franchise lease of city -owned property located at the following locations: 1. 2014 Atlantic Avenue, to VB's Raw Bar, Inc. t/a Seaside Raw Bar Atlantic Avenue Sidewalk Cafe 2. 1401 Atlantic Avenue, to Pier 14, LLC t/a Pier 14 Boardwalk -. Cafe The purpose of the Hearing will be to obtain public comment on the proposed leases of City property. A copy of the franchise lease agreements are on file in the City Clerk's office. The City Council Chamber is located on the second floor of the City Hall building (Building #1) at 2401 Courthouse Drive, Virginia Beach, Virginia 23456. Any questions concerning the above - referenced franchise should be directed to Mike Eason, SGA/Resort Management Office, by calling (757) 385-4800. Ruth Hodges Fraser, MMC City Clerk Beacon May 4 & 11, 2014 24055609 I. ORDINANCES/RESOLUTIONS 1. Ordinance to APPROPRIATE the Governor's Opportunity Fund (VGO) Award of $120,000 to Economic Development re incentive for expansion of Prufrex USA, Inc. 2. Ordinance to AUTHORIZE the City Manager to EXECUTE a renewable Lease with the U.S. Coast Guard to maintain a Navigation Light Tower and Navigational Aids on the Rudee Inlet North Jetty 3. Ordinances/Resolutions re: FY 2014-2015 RESOURCE MANAGEMENT PLAN a. FY 2014-2015 Operating Budget: 1) APPROPRIATE for the Fiscal Year, beginning July 1, 2014 and ending June 30, 2015, $1,830,467,105 for Operations, $498,234,068 for Internal Service and $198,378,330 in Interfund Transfers 2) ESTABLISH the tax levy of Ninety -Three Cents ($0.93) per $100 assessed evaluation on real estate for FY 2015 3) ESTABLISH the tax levy of Four Dollars ($4.00) per $100 assessed evaluation on personal property and machinery and tools for the Calendar Year 2015 4) APPROPRIATE $106,008 to the Reserve for Future Commitment and DECLARE $7,000,000 as surplus within the Sandbridge Tax Increment Financing District (TIF) 5) PROVIDE Certification to the Virginia Retirement System (VRS) re member contributions by salary reduction 6) IMPLEMENT the 2015 Employee and Retiree Health Insurance Plans 7) AMEND §32.5-2 of the City Code re Equivalent Resident Unit (ERU) fees to be Forty- three and Three Tenths Cents ($0.43) per day effective July 1, 2014 8) AMEND §12-14.1 of the City Code to increase the Fire Inspection fees to Fifty Dollars ($50) 9) AMEND §21-330 of the City Code to increase Resort Area parking fees and penalties and dedicate revenues to implement a Resort Area Parking Strategy 10) AMEND §§28-4 through 28-7, ADD 28-4.1, REPEAL §28-8 re Sewer Capital Recovery Fees, AMEND §§ 37-7.1 and 37-8 through 37-11 and REPEAL §37-12 re Water Capital Recovery Fees 11) AMEND §§ 35-64 and 35-67 of the City Code re Exemption or Deferral of Real Estate Taxes for Elderly or Disabled Persons by increasing net worth limits 12) AUTHORIZE the City Manager to submit an Annual Funding Plan to the U.S. Department of Housing and Urban Development (HUD) b. FY 2014-2015 Capital Budget: 1) AUTHORIZE the FY-2015/FY-2020 Capital Improvement Program (CIP); and APPROPRIATE $280,957,593 subject to funds being provided from various sources set forth therein 2) AUTHORIZE the issuance of General Obligation Public Improvement Bonds in the maximum amount of $66.4 -Million 3) AUTHORIZE issuance of Storm Water Utility System Revenue Bonds in the maximum amount of $9 -Million 4) AUTHORIZE issuance of Water and Sewer System Revenue Bonds in the maximum amount of $27 -Million 4. Ordinance to DECLINE the V -STOP Grant from the Virginia Department of Criminal Justice (DCJA) and replace federal funds with City funds re compensation for a Detective 5. Ordinances to ACCEPT and APPROPRIATE: a. $39,600 from the Department of Homeland Security re deployment of FEMA to the Washington State mudslide b. $210,331 from the State Compensation Board to the Clerk of the Circuit Court's Technology Trust Fund 6. Ordinance to AUTHORIZE acquisition of land on London Bridge Road from The Taylor Group, LP for $935,000 7. Ordinance to GRANT Open Air Cafe franchises: a. Seaside Raw Bar - 2014 Atlantic Avenue b. Pier 14 Boardwalk Cafe - 1401 Atlantic Avenue 8. Ordinances to AUTHORIZE temporary encroachments into portions of City -owned property: (DISTRICT 5 — LYNNHAVEN) a. GLENN and DENISE SAUCIER to repair a brick wall and lamp at 4325 Lynnville Crescent b. CAMILLE A. and MARIE T. KATTAN to construct a pier and maintain an existing bulkhead at 2333 Leeward Shore Drive (Harbor Canal) 9. Resolution re APPEAL of the Police Chief's decision to deny a Precious Metals Dealer Permit to Kaitlin Jean Baker CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate a Virginia Governor's Opportunity Fund Award of $120,000 to the City of Virginia Beach Development Authority MEETING DATE: May 13, 2014 • Background: Prufrex USA, Inc., a German -based manufacturer of electronic ignition systems, announced in 2013 their decision to locate their U.S. headquarters and manufacturing operations in Virginia Beach. The project included the creation of at least 60 new jobs and investment of $7.33 million over a 36 month period. Because Virginia Beach competed for this project with Gainesville, Georgia, a $120,000 incentive award from the Virginia Governor's Opportunity Fund (GOF) was requested and approved to help secure the project. In accordance the Governor's Opportunity Fund payment procedures, the full $120,000 GOF payment has been received by the City Manager's office and is to be forwarded to the City of Virginia Beach Development Authority for final disbursement to the Company. • Considerations: The attached ordinance provides the $120,000 GOF award received by the City from the Commonwealth of Virginia to the City of Virginia Beach Development Authority. The Authority will administer the grant as required by the GOF process. • Public Information: Public information will be handled through the normal City Council agenda processes. • Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Economic Development City Manager: Sk w6 1 AN ORDINANCE TO APPROPRIATE A VIRGINIA 2 GOVERNOR'S OPPORTUNITY FUND AWARD OF 3 $120,000 TO THE CITY OF VIRGINIA BEACH 4 DEVELOPMENT AUTHORITY 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 That $120,000 received by the City from the Governor's Opportunity Fund is 10 hereby appropriated, with estimated state revenues increased accordingly, to the City 11 of Virginia Beach Development Authority in furtherance of the purposes of the GOF 12 and the expansion of manufacturing by Prufex USA, Inc. within the City. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2014. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: udget and Management Services C+ty'Atto y's Office CA13003 R-1 April 23, 2014 C wu'tye CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a Lease for up to Five (5) Years with the United States Coast Guard for a 6' x 6' ± Parcel of City Land Located Twenty -Five Feet (25') from the End of the Breakwater on the North Side of Rudee Inlet MEETING DATE: May 13, 2014 • Background: Aids to navigation for Rudee Inlet are owned and maintained by the U.S. Coast Guard (the "Coast Guard"). Pursuant to its current lease with the City, the Coast Guard installed and maintains a navigation Tight tower on the extended North Jetty at Rudee Inlet (the "Property"). The current lease expires on September 30, 2014. The Coast Guard wishes to enter into a new formal lease arrangement with the City to continue maintaining the light tower and associated navigational aids on the Rudee Inlet North Jetty. • Considerations: The term of the Lease is one year, with four options to extend for one year each. Rent under the Lease is equal to $1 per year. For more specific information, see the attached Summary of Terms. • Public Information: Advertisement of City Council Agenda • Alternatives: Approve Lease as presented, modify terms of the Lease, or deny leasing of the Property. • Recommendations: Approval • Attachments: Summary of Terms Ordinance Location map Recommended Action: Adopt Ordinance Submitting Department/Agency: Public Works/Facilities Management City Manager: k • �''t 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR UP 3 TO FIVE (5) YEARS WITH THE UNITED 4 STATES COAST GUARD FOR A 6' X 6' ± 5 PARCEL OF CITY LAND LOCATED 6 TWENTY-FIVE FEET (25') FROM THE END 7 OF THE BREAKWATER ON THE NORTH 8 SIDE OF RUDEE INLET 9 10 WHEREAS, the City of Virginia Beach, Virginia (the "City") is the owner of an 11 approximately 6' x 6' parcel of land located twenty-five feet (25') from the end of the 12 breakwater on the north side of Rudee Inlet in the City of Virginia Beach (the 13 "Premises"); 14 15 WHEREAS, the United States of America Coast Guard (the "Coast Guard") 16 currently leases the Premises from the City, and such lease expires September 30, 17 2014; 18 19 WHEREAS, the Coast Guard would like to enter into a new formal lease 20 arrangement with the City for the purpose of continuing its maintenance of a light 21 tower and associated navigational aids on the Premises; and 22 23 WHEREAS, the Premises will be utilized for navigational aid purposes and 24 for no other uses. 25 26 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA: 28 29 That the City Manager is hereby authorized to execute a lease for a term of up to 30 five (5) years between the United States of America and the City, for an approximately 31 6' x 6' parcel of land located twenty-five feet (25') from the end of the breakwater on the 32 north side of Rudee Inlet in the City of Virginia Beach, in accordance with the Summary 33 of Terms attached hereto and made a part hereof, and such other terms, conditions or 34 modifications deemed necessary and sufficient by the City Manager and in a form 35 deemed satisfactory by the City Attorney. 36 37 Adopted by the Council of the City of Virginia Beach, Virginia on the day 38 of , 2014. APPROVED AS TO CONTENT: Public Wor /Facilitieanagement CA12946 vbgov.com\DFS 1\Applications\CityLawProd\cycom32\ Wpdocs\D024\PO 17\00124557.doc R-1 April 24, 2014 APPROVED AS TO LEGAL SUFFICIENCY AND FORM: City Attorney's Offic SUMMARY OF TERMS LEASE FOR THE USE OF 6' X 6' PARCEL OF CITY PROPERTY FOR NAVIGATIONAL AID PURPOSES LESSOR: City of Virginia Beach LESSEE: United States of America (Coast Guard) PREMISES: Thirty-six square feet (6' x 6') of land owned by the City located twenty-five feet (25') from the end of the breakwater on the north side of Rudee Inlet, Virginia Beach, Virginia. TERM: October 1, 2014 through September 30, 2015, with four options to renew for one year each. RENT: Rent shall be One Dollar ($1.00) per annum. RIGHTS AND RESPONSIBILITIES OF LESSEE: • May use the Premises for navigational aid operations and no other purpose. Any unauthorized use of the Premises shall constitute a breach of the lease and cause its immediate termination. • To the extent permitted by law, assumes the entire responsibility and liability for any and all damages to persons or property caused by any act or omission of the Lessee or its officers, invitees, employees and agents associated with the use of the Premises. RIGHTS AND RESPONSIBILITIES OF THE CITY: • Assumes responsibility for the maintenance of the Premises and the means of ingress and egress during the lease term. • Shall notify the Lessee prior to the placement of any item onto the structure which holds the navigational aids and associated equipment. TERMINATION: The Lessee may terminate this lease upon giving the City thirty (30) days' written notice. 1 1 i 11.1.1 1 tosoion CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: The FY 2014-15 Operating Budget and Capital Improvement Program (CIP) Related Ordinances MEETING DATE: May 13, 2014 • Background: On March 25, 2014, the City of Virginia Beach FY 2014-15 Proposed Resource Management Plan, which includes the Operating Budget and Capital Improvement Program, was presented to City Council. The City held public hearings on April 22"d, and May 1st to provide the public the opportunity to comment on the proposed Resource Management Plan. City Council held budget workshops on April 1st, 8th, 15th, 22nd , 29 th and May 6th Considerations: After discussions at the May 6th, 2014 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: • Reinstate two cents of the Real Estate tax rate dedicated to roadway construction without disrupting the Operating Budget by using a one year strategy of appropriating additional fund balance in the amount of $4.4 million, which is equal to one cent (net of the line of duty funding) to fund Princess Anne Road — Phase VII. In addition, modify the ordinance to reflect the two cents remaining in roadway construction. • The recent Bond Sale saved the General Fund over $1 million and is recommended that a large portion of the savings be used to establish a $725,000 reserve to provide any City required match for the School System. Assuming that when the State passes a budget, Virginia Beach Schools will receive additional funding, and the Revenue Sharing Formula local match would increase. The School Board would decide on the best use of any additional funding, City or State, with the possibility of using the additional funding to match the three percent total salary adjustment programmed for City employees. • Phasing compression adjustments beginning in this budget and again over the next two fiscal years. By providing adjustments of $100 per year of employment up to 7 years through FY 2017, employees in compressed titles could receive up to an additional $2,100. • Add four firefighters to increase staffing at the Centerville Fire Station and four EMS supervisors to enhance supervision of the paid and volunteer staff. • Fully fund Princess Anne Road Phase VII, the Adam Thoroughgood House Visitor's Center, and match the additional state funding for the BRAC project (again contingent upon a final state budget). Funding is also provided to start preliminary design work on Sandbridge/Nimmo Road (from Sandpiper to approximately 1 mile west) and to return funding for design of Princess Anne Road Phase VIIA (from Sandbridge/Upton Drive intersection to Indian River Road). Replace the oceanfront bus fleet with trolleys, provide additional funding to the Heritage Building Maintenance project, provide funding for the Gills Cove dredging SSD and project per previous City Council action, and reallocate funding from Eastern Shore Drive Drainage — Phase I to a new project entitled Citywide Sea Level/Recurrent Flooding Analysis. All the changes recommended by City Council at reconciliation on May 6th are reflected in the following ordinances provided for consideration and approval to implement the FY 2014-15 Operating Budget and Capital Improvement Program. Ordinances that support the Operating Budget: 1. An Ordinance Making Appropriations for the Fiscal Year Beginning July 1, 2014 and Ending June 30, 2015 in the Sum of $1,830,467,105 for Operations 2. An Ordinance Establishing the Tax Levy on Real Estate for Fiscal Year 2015 3. An Ordinance Establishing the Tax Levy on Personal Property and Machinery and Tools for the Calendar Year 2015 4. An Ordinance to Appropriate $106,008 and Declare $7,000,000 of Funding Within the Sandbridge Tax Increment Financing District as Surplus Funds in the FY 2013-14 Operating Budget 5. A Resolution Providing Certification to the Virginia Retirement System Regarding Member Contributions by Salary Reduction 6. A Resolution Regarding the City's 2015 Employee and Retiree Health Insurance Plans 7. An Ordinance to Amend the City Code Pertaining to the Equivalent Residential Unit (ERU) Fee 8. An Ordinance to Amend Section 12-14.1 of the City Code Pertaining to Fire Inspections to Increase the Fee Charged for Re -Inspections 9. An Ordinance to Amend Section 12-330 of the City Code Pertaining to Parking in Metered Spaces, to Increase Certain Parking Fees, and to Dedicate Revenue and Fines for Implementation of a Resort Area Parking Strategy 10. An Ordinance to Amend Sections 28-4. 28-5, 28-6 and 28-7, Add a New Section 28-4.1 and Repeal Section 28-8, Pertaining to Sewer Capital Recovery Fees, Amend Sections 37-7.1, 37-8, 37-9, 37-10 and 37-11 and Repeal Section 37-12, Pertaining to Water Capital Recovery Fees 11. An Ordinance to Amend Sections 35-64 and 35-67 of the City Code Pertaining to the Exemption or Deferral of Real Estate Taxes for Elderly or Disabled Persons 12. An Ordinance to Authorize the City Manager to Submit an Annual Funding Plan to the U.S. Department of Housing and Urban Development Ordinances to support the Capital Budget: 13. An Ordinance to Adopt the FY 2015/FY 2020 Capital Improvement Program and to Appropriate $280,957,593 for the FY 2015 Capital Budget Subject to Funds Being Provided from Various Sources Set Forth Herein 14. An Ordinance Authorizing the Issuance of General Obligation Public Improvement Bonds of the City of Virginia Beach, Virginia, in the Maximum Amount of $66,400,000 for Various Public Facilities and General Improvements 15. An Ordinance Authorizing the Issuance of Storm Water Utility System Revenue Bonds of the City of Virginia Beach, Virginia, in the Maximum Amount of $9,000,000 16. An Ordinance Authorizing the Issuance of Water and Sewer System Revenue Bonds of the City of Virginia Beach, Virginia, in the Maximum Amount of $27,000,000 • Public Information: Two public hearings 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 30th, April 6th, April 13th, and May 11th. • Recommendations: It is recommended that all the attached ordinances implementing the FY 2014-15 Operating Budget and Capital Improvement Program be approved. ■ Attachments: Letter from the Mayor and Vice -Mayor concerning Reconciliation of the FY 2014-15 Operating and Six Year Capital Improvement Program FY 2014-15 Operating Budget and Capital Improvement Program Ordinances Recommended Action: Approval of Ordinances Submitting Department/Agency: Department of Budget and Management Servic City Manage< . , WILLIAM uaESSOMS, JR MAYOR May 6, 2014 Members of City Council RE: Reconciliation of the FY 2014-15 Operating and Capital Budgets Dear Council Members: wfilNY-.COM MUNICIPAL CENTER bUlLDNG 1, ROOM 234 mmCOURTHOUSE om, VIRGINIA BEACH. VAn«em (757) FAX (757) 385-5699 As in the past we are providing you with a strategy to reconcile the various issues that have been raised by the community through the two public hearings and several town hall meetings, as well as suggestions that you have expressed. Hopefully, this proposal strikes a balance that we can all support. First, several of you have expressed concerns with staff's recommendation to redirect one of the two cents of the Real Estate tax rate dedicated to roadway construction to other areas of the CIP and the Operating Budget. In working with staff, we understand their concerns over the sustainability of services to the community, but feel that it is Council's desire that the one cent be returned to roadway funding. To accomplish this without totally disrupting the Operating Budget, we would suggest a one year strategy of using additional fund balance in the amount of $4.4 million which is equal to one cent (net of the line of duty funding) to support roadway construction specifically to fund Princess Anne Road — Phase VII. Staff will modify the Ordinance to reflect the two cents remaining in roadway construction. Staff will make necessary adjustments in the FY 2016 Operating Budget to accommodate this dedication. Please note that this will again have the effect of unfunding the coastal section of the CIP in the out years. Between now and next budget cycle, we need to provide staff guidance on how to fund this essential program. Also, we believe that you would support the establishment of a committee to review and provide recommendations on the City's Tax Relief for the Elderly program. The Commissioner of the Revenue recommended this strategy based on his oversight of the program, and several members of the Mayor's Commission on Aging supported this strategy. Ms. Henley has offered to serve as liaison to this committee. We would request that the City Manager ask Budget and Management Services along with staff from the Commissioner's Office to work with Ms. Henley and this committee to complete the program review and bring forward a set of recommendations. Members of City Council Reconciliation ofthe FY 2014-15 Operating and Capital Budgets May 6, 2014 Page 2 Our recommended changes to the Operating Budget and OP are detailed on the attached tables, but we want to highlight some of the significant changes below. * In the Operating Budget: 1. The recent Bond Sale saved the General Fund over $1 million. Staff is recommending that a large portion of the savings be used to establish a reserve for the School System assuming that when the State passes a budget Virginia Beach Schools will receive additional funding and that under the Revenue Sharing Formula our match would increase. Both the House and Senate Budgets provide additiona funding to education. The recommendation for the reserve is $725,000 to provide our required match. The School Board would decide on the best use of any additional funding, City or State, but it is our hope that they can use some of the additional funding to match the three percent total salary adjustment programmed for city employees. 2. Our hard working city and school employees have expressed concern over the affordability of health care premiums in 2015, we would recommend directing the Benefits Executive Committee to use the savings related to the employee's portion of the GASB45 liability in health care, or $920,000, to reduce the premiums paid by employees in the upcpming plan year. 3. The Proposed Budget contains $1.45 million to begin to address horizontal salary compression. While no additional funding is provided at this time, we are recommending that we address compression by phasing in the adjustments beginning in this budget and again over the next two. By providing adjustments of $100 per year of employment up to 7 years through FY I017, employees in compressed tifles could receive up to an additional $I,100. 4. Additional funding is proposed to Fire ($145,826) and EMS ($161,791) for additional staffing to be hired January 1, 2015. This funding would provide four firefighters to increase staffing at the Centerville Fire Station and four EMS supervisors to enhance supervision of the paid and volunteer staff. Full year costs for these eight positions would double for the full FY 2016 Budget. We would also suggest that staff work to devise a long term strategy to address police staffing and deployment and present this strategy with next year's Budget. • In the Capital Budget: I. We are suggesting that we use the $4.4 million in Fund Balance, $0.7 million from closed projects, $5 million in State Revenue Sharing funds and an additional $9.4 million in bonds to fully fund Princess Anne Road Phase VII ($14.2 million), the Adam Thoroughgood House Visitor's Center ($2 million), and match the additional state funding for the BRAC pject (again contingent upon a final state budget). Funding is provided to start preliminary design work on Sandbridge/Nimmo Road (from Sandpiper to approximately 1 mile west) and to return funding for design of Princess [ Members of City Council Reconciliation of the FY 2014-15 OperaUng and Capital Budgets May G,20l4 Page 3 Anne Road Phase VIIA (from Sandbridge/Upton Drive intersection to Indian River Road). 2. In addition, we would recommend using $1.3 million per year in Tourism Investment Program funds over the next two years, to replace the oceanfront bus fleet with trolleys. This not only would improve the ridership experience at the oceanfront, but would help HRT address the "state of good repair" concerns raised in the State's proposal on light rail funding since the current oceanfront buses are among the newest in HRT's fleet. This proposed expenditure also leverages available federal funds for fifty-five percent of the cost to acquire the new trolley fleet. 3. Finally, based on our discussions with Public Works on April Z9"' concerning the Eastern Shore Drive Drainage — Phase | project (#7-151), we recommend moving $3 million from that project to a new project "City-wide Sea Level Rise/Recurrent Flooding Analysis" (#7-030) to provide a macro analysis of the four city watersheds to determine vulnerable areas throughout the watersheds and possible responses. The first phase of this new project will focus on the Lynnhaven Watershed. The transfer will leave sufficient funding in Eastern Shore Drive Drainage ($13,139,356) to complete design and preliminary site acquisition for phases IA, |8' and U of the southern discharge afternative. For a complete list of all recommended adjustments please see the attached lists. We want to thank the public who came out to the various town hall meetings and public hearings to offer their comments on the FY I014'15 Operating Budget and CIP as well as staff for their time to provide answers to our various questions. If you have any questions, please let us know. Si William D. Sessoms, Jr. Mayor WDS/crw Attachments (2) Louis R. Jones Vice Mayor FY 2014-15 Operating Budget Reconciliation: Increase funding for CASA from $1O,0]Oto$3UODO Provide funding to STOP Provide funding to VA Symphony Increase funding for the Arts and Humanities Commission from $428,624 to $500,000 Historic Preservation Marker Grant Increase funding for TBA Training Program from $50,000 to $63,000 Reduce funding to Mass Transit (based on HRT's current request) Reduce fundirig for Debt Service due to recent bond sale Reduced transfer to Housing and Neighborhood Preservation due to increase Federal Funds Reduce the General Fund Reserve for Contingencies True -up nfSchool Funding Formula based on State Budget 4 EMS Supervisors (starts Jan 1) 4 Firefighters for Centerville Station (starts Jan 1) Increase pay -go transfer to [|P for Heritage Building Maintenance Sandbridge Road Maintenance Funding Gills Cove (6.3cents) Adjustments to Housing and Neighborhood Preservation for Federal Revenue increase: CD G HOME '$D1'SS1 Emergency Shelter GESG) Housing Opportunities for People with AIDS (HOPWA) Section 8(147Fund) Revenues Expense $ 20,000 $ 25,000 $ 25,000 $ 71,376 $ 10,000 $ 13,000 $ (181,9I3) $ (1,078,541) $ (26,834) $ (284,705) $ 725,000 $ 161,791 $ 145,826 $ 125,000 $ 250,000 $ 12,143 $ 12,143 � � (19,279) $ (19,279) 81,551 $ 81,551 26,834 $ 26,834 99,241 $ 99,241 Capital Improvement Program Reconciliation: Projects Adam Thoroughgood Education Center Construction (113-019) Heritage Building Maintenance (#3-103) Trolley Conversion FrDrn close out projects BRAC Project (#9'O6U\ Sandbrid8eRoad/NimmnVila (preliminary design only) Princess Anne Road ' Phase VII (#Z'195) Pnncess Anne Road Phase Vila (#2-O33) Eastern Shore Drive Drainage ' Phase |(#7'l51) Citywide Sea Level Rise/Recurrent Flooding Analysis Gills Cove Neighborhood Dredging (#8-016) Capital Budget Year2 2015 2016 $ I/000000 $ $ 125,000 $ $ 1,300000 S 1,300000 $ (678,343) $ $ 5,000000 $ $ 600'000 $ $ I4'158'827 $ $ 250,800 $ $ (3,000000) $ $ 3,000,000 $ � $ 61,000 Total Projects: $ 22,755,484 $ 1,361,000 Funding Sources Additional State Funding for BRAC $ 2,500000 $ State Revenue Sharing Funding for PA Vil $ 5,000,800 $ TIP Fund $ 1,300,000 $ 1,300,000 SSD GilIs Cove Funding $ I4'286 Gilis Cove City Contribution/Loan $ 36,714 Pay-as-you-go funding from Operating Budget $ I25,000 $ Fund Balance (equals 1 cent for roads) takes FB to 97% $ 4,396,503 $ Additional Bonds $ 0,433,981 $ Total Funding Sources: $ 2I,755,484 $ 1,361,000 NOTES: Changes since the Proposed Budget ` ` 1 AN ORDINANCE MAKING APPROPRIATIONS FOR THE FISCAL 2 YEAR BEGINNING JULY 1, 2014 AND ENDING JUNE 30, 2015 3 IN THE SUM OF $1,830,467,105 FOR OPERATIONS 4 WHEREAS, the City Manager has heretofore submitted an Annual Budget for the City for the fiscal year 5 beginning July 1, 2014, and ending June 30, 2015, and it is necessary to appropriate sufficient funds to cover said 6 budget; 7 8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 9 10 Sec. 1. That the amounts named aggregating $2,527,079,503 consisting of $498,234,068 in inter -fund transfers, 11 $198,378,330 for internal service funds, and $1,830,467,105 for operations, are hereby appropriated subject to the 12 conditions hereinafter set forth for the use of departments, and designated funds of the City government, and for 13 the purposes hereinafter mentioned, as set forth in the Annual Operating Budget, which is hereby incorporated by 14 reference, for the fiscal year beginning July 1, 2014, and ending June 30, 2015 (hereinafter, the "Fiscal Year"), a 15 summary of which is attached to this ordinance as "Attachment A — Appropriations." 16 17 Sec. 2. That in accordance with Section 5.04 of the City Charter, Estimated Revenue in Support of Appropriations 18 is set forth in said Annual Operating Budget, with a summary of Estimated Revenue in Support of Appropriations 19 attached to this ordinance as "Attachment B — Revenues." 20 21 Sec. 3. With the exception of the funds under the control of the School Board, specifically the funds numbered 22 104 107, 109, 112, 114, 115, 116, 117, 119, 614, and 615 (hereinafter referred to as "School Board Funds"), the 23 total number of full-time permanent positions shall be the maximum number of positions authorized for the 24 various departments of the City during the Fiscal Year, except for changes or additions authorized by the Council or 25 as hereinafter provided. The City Manager may from time to time increase or decrease the number of part-time or 26 temporary positions provided the aggregate amount expended for such services shall not exceed the respective 27 appropriations made therefore. The City Manager is further authorized to make such rearrangements of positions 28 withiq and between the departments as may best meet the needs and interests of -the City, including changes 29 necessary to implement the employee transition program. 30 31 Sec. 4. To improve the effectiveness and efficiencies of the government in service delivery, the City Council 32 hereby authorizes the City Manager or his designee to transfer appropriated funds and existing positions 33 throughout the Fiscal Year as may be necessary to implement organizational adjustments that have been 34 authorized by the City Council. Unless otherwise directed by the City Council, such organizational adjustments shall 35 be implemented on such date or dates as the City Manager determines, in his discretion, to be necessary to 36 guarantee a smooth and orderly transition of existing organizational functions. The City Manager shall make a 37 report each year to the City Council identifying the status and progress of any such organizational adjustments. 38 39 Sec. 5. All current and delinquent collections of local taxes shall be credited to the General Fund, Special Service 40 District Funds, Tax Increment Financing Fund or any fund to which City Council has, by ordinance, dedicated a tax 41 levy. 42 43 Sec. 6. All balances of the appropriations payable out of each fund of the City Treasury at the close of business 44 the Fiscal Year, unless otherwise provided for, are hereby declared to be lapsed into the fund balance of the 45 respective funds, except all appropriations to School Board Funds derived from local public sources which shall 46 lapse and revert to the General Fund Balance, and may be used for the payment of the appropriations that may be 47 made in the appropriation ordinance for the fiscal year beginning July 1, 2015. Prior to the expenditure of any 48 sums that have lapsed to the fund balance of any fund, an appropriation by the City Council shall be required. 49 50 Sec. 7. That the City's debt management policies for the Water and Sewer Enterprise Fund shall serve as a basis 51 for developing financial strategies for the water and sanitary sewer system based on the following guidelines: (a) 52 for the Water and Sewer Fund, the goal of retaining working capital equal to 80% to 100% of one year's operating 53 expense shall be pursued; (b) for the Water and Sewer Fund, the goal shall be for debt service coverage on its 54 water and sewer revenue bonds at not less than 1.50 times and, on a combined basis, including water and sewer 55 general obligation bonds, at no less than 1.20 times and (c) for the Water and Sewer Fund, contributions from non- 56 borrowed funds, on a five-year rolling average basis, will be sought for approximately 25% of the annual capital 57 program for the water and sewer system. 58 59 Sec. 8. All balances of appropriations in each fund which support authorized obligations or are encumbered at 60 the close of the business for the Fiscal Year, are hereby declared to be re -appropriated into the fiscal year 61 beginning July 1, 2015, and estimated revenues adjusted accordingly. 62 63 Sec. 9. All balances of appropriations attributable to grants or other similar funding mechanism from state or 64 federal sources and trust or gift funds, whose period of expenditure extends beyond the fiscal year ending on June 65 30, 2014, are hereby declared to be re -appropriated into the Fiscal Year, and estimated revenues adjusted 66 accordingly. The close-out of any grant or similar funding mechanism shall account for all expenditures in such 67 grant, and provided there is any remaining balance in the grant, the portion of the balance attributable to local 68 sources shall revert to the General Fund, special revenue fund, or enterprise fund that provided the local 69 contribution. 70 71 Sec.10. No department or agency for which appropriations are made under the provisions of this ordinance shall 72 exceed the amount of such appropriations except with the consent and approval of the City Council first being 73 obtained. It is expressly provided that the restrictions with respect to the expenditure of the funds appropriated 74 shall apply only to the totals for each Appropriation Unit included in this ordinance and does not apply to Inter - 75 fund Transfers. 76 77 Sec.11. The City Manager or the Director of Budget and Management Services is hereby authorized to approve 78 transfers of appropriations in an amount up to $100,000 between any Appropriation Units included in this 79 ordinance through the accrual period. The City Manager shall make a monthly report to the City Council of all 80 transfers between $25,000 and $100,000. In addition, the City Manager may transfer, in amounts necessary, 81 appropriations from all Reserves for Contingencies except Reserve for Contingencies — Regular, within the intent of 82 the Reserve as approved by City Council. 83 84 Sec. 12. The City Manager or the Director of Budget and Management Services is hereby authorized to establish 85 and administer budgeting within Appropriation Units consistent with best management practices, reporting 86 requirements, and the programs and services adopted by the City Council. Consistent with best management 87 practices, the City utilizes a modified accrual system of accounting. Revenues are considered available when 88 collectible either during the current period or after the end of the current period, but in time to pay year-end 89 liabilities. Expenditures are recognized when a transaction or event is expected to draw upon current spendable 90 resources rather than future resources. In practical effect, the modified accrual system allows a window of 45 days 91 wherein the City may accrue back to the immediately preceding fiscal year revenues and expenditures. The City 92 Manager or the Director of Budget and Management Services is further authorized to establish administrative 93 directives to provide additional management oversight and control to ensure the integrity of the City's budget. 94 95 Sec. 13. The City Manager or the Director of Budget and Management Services is hereby authorized to change the 96 Estimated Revenues included in this ordinance to reflect expected collections. if the Estimated Revenue in support 97 of an Operating Appropriation Unit declines, the City Manager or the Director of Budget and Management Services 98 is hereby authorized to reduce, subject to any other provision of law, those appropriations to equal the decline in 99 Estimated Revenue. The City Manager shall give prior notice to the City Council of any reduction to total 100 appropriations exceeding $100,000. The notice to City Council shall identify the basis and amount of the 101 appropriation reduction and the Appropriation Units affected. The accounting records of the City will be 102 maintained in a manner that the total of Estimated Revenue is equal to the total of the Appropriation Units for 103 each of the City's funds. The City Manager or the Director of Budget and Management Services is hereby 104 authorized to transfer any excess appropriations to the Reserve for Contingencies after all anticipated 105 expenditures for which those funds were appropriated have been incurred. Nothing in this section shall be 106 construed as authorizing any reduction to be made in the amount appropriated in this ordinance for the payment 107 of interest or principal on the bonded debt of the City Government. 108 109 Sec. 14. Allowances made from the appropriations made in this ordinance by any or all of the City departments, 110 bureaus, or agencies, to any of their officers and employees for expenses on account of the use by such officers 111 and employees of their personal automobiles in the discharge of their official duties shall not exceed fifty six cents 112 ($0.56) forty two cents ($0.42) per mile of actual travel for the first 15,000 miles and fifteen cents ($0.15) per mile 113 for additional miles of such use within the fiscal year. 114 115 Sec. 15. In the event of an emergency and under emergency circumstances wherein the City Council cannot 116 reasonably hold a meeting, the City Manager is authorized to transfer and expend appropriated sums from any 117 budget account to ensure that the emergency is handled as efficiently and expeditiously as possible. Immediately 118 following the expenditure of funds under this provision, and as soon as the City Council can reasonably meet under 119 the existing circumstances, the City Manager shall notify the City Council of the reason for such action, how funds 120 were expended, and present to the City Council for adoption an emergency appropriations ordinance that sets 121 forth what measures are required to ensure that funds are forthwith restored to the appropriate accounts and 122 that the budget is balanced at the end of the fiscal year in which the emergency expenditures occurred. 123 124 An emergency is defined for the purposes of this provision as an event that could not have been 125 reasonably foreseen at the time of the adoption of the budget, and in which (i) an immediate threat to the public 126 health, safety or welfare is involved, such as clean-up after a hurricane, and/or (ii) immediate action is required to 127 protect or preserve public properties. 128 129 Sec. 16. All travel expense accounts shall be submitted on forms approved by the Director of Finance and 130 according to regulations approved by the City Council. Each account shall show the dates expenses were incurred 131 or paid; number of miles traveled; method of travel; hotel expenses; meals; and incidental expenses. The Director 132 of Finance is specifically directed to withhold the issuance of checks in the event expense accounts are submitted 133 for "lump-sum" amounts. 134 135 Sec. 17. The City Manager is hereby authorized to allocate funding, within the aggregate amounts approved by 136 City Council for total compensation, to implement the General Assembly mandated changes to the Virginia 137 Retirement System ("VRS") that require all full-time City employees hired before July 1, 2010 to pay five percent 138 (5%) of their salaries to the VRS to be offset by a pay increase of five percent (5%) by July 1, 2016. The City Council 139 has chosen to phase this in with 1% increments with 1% provided for fiscal year 2015. To accommodate VRS 140 requirements that the entire paycheck provided on July 15th include the fiscal year 2015 increase, the City Manager 141 or designee is authorized to make the changes in this section for the pay period relating back to June 22, 2014. 142 While not mandated by the General Assembly, a 1% increase is provided for all full time City employees hired after 143 July 1, 2010. 144 145 Sec. 18. A salary increase of .34% on June 22, 2014 for full-time employees and 1.66% on September 22, 2014 is 146 hereby provided for part-time and full time employees. 147 148 Sec. 19. Fund 142 "DEA Seized Forfeiture Special Revenue Fund" is hereby renamed "Police Federal and State 149 Seized Assets Special Revenue Fund." The fund balance associated within Fund 142 "DEA Seized Forfeiture Special 150 Revenue Fund" apportioned to the City of Virginia Beach's Commonwealth Attorney's Office is hereby transferred 151 to a newly established Fund 140 "Commonwealth Attorney's Federal and State Seized Assets Special Revenue 152 Fund." 153 154 Sec. 20. At the request of the School Board, Fund 104 "Green Run Collegiate" is hereby established in the 155 Operating Budget to allow the segregation of funding for the Charter School. 156 157 Sec. 21. The $1,000,000 from the Fund Balance of the General Fund is hereby appropriated to the Department of 158 Finance's FY 2014-15 Operating Budget. 159 160 Sec. 1-922. Violation of this ordinance may result in disciplinary action by the City Manager against the person or 161 persons responsible for the management of the Appropriation Unit in which the violation occurred. 162 163 Sec.-2823. This ordinance shall be effective on July 1, 2014. The portion of Section 17 addressing the 164 requirements of VRS and the payroll period that crosses fiscal years shall be effective June 22, 2014. 165 166 Sec. 21-24. If any part of this ordinance is for any reason declared to be unconstitutional or invalid, such decision 167 shall not affect the validity of the remaining parts of this ordinance. 168 169 170 171 Adopted by the Council of the City of Virginia Beach, Virginia, on this the _ day of May, 2014. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: L 0 a. Budget and Management Services APPROVED AS TO LEGAL SUFFICIENCY: City of Virginia Beach, Virginia Fiscal Year 2014-15 Budget Ordinance Attachment A - Appropriations FY 2014-15 Proposed 002 General Fund Agriculture 815,543 Benefits Administration 635,538 Board of Equalization 9,141 Budget and Management Services 1,639,851 Circuit Court 1,089,739 City Attorney 4,084,871 City Auditor 688,272 City Clerk 582,372 City Manager 2,825,204 City Real Estate Assessor 3,222,977 City Treasurer 5,572,935 Clerk of the Circuit Court 3,143,523 Commissioner of the Revenue 4,198,633 Commonwealth's Attorney 7,990,185 Communications and Information Technology 23,072,926 Community Organization Grants 409,126 Computer Replacement Program 981,412 Convention and Visitor Bureau 9,185,890 Cultural Affairs 2,299,922 Debt Service 48,274,437 Economic Development 3,059,915 Emergency Communications and Citizen Services 10,325,988 Emergency Medical Services 9,217,994 Employee Special Benefits 7,808,875 Finance 5,148,564 Fire 47,519,420 General District Court 373,039 General Registrar 1,378,780 Health 3,202,360 Housing and Neighborhood Preservation 1,801,299 Human Resources 4,318,769 Human Services 109,600,169 Independent Financial Services 153,878 Juvenile and Domestic Relations District Court 131,995 Juvenile Probation 1,652,897 Leases 1,658,262 Library 17,641,624 Magistrates 93,604 Municipal Council 530,887 Municipal Solid Waste Management 750,000 Museums 11,357,390 Parks and Recreation 13,655,605 Planning 10,340,971 Police 95,679,304 Public Works 66,589,842 Regional Participation 1,958,440 Reserve for Contingencies 5,457,845 Revenue Reimbursements 15,385,969 Strategic Growth Area 6,754,723 Transfer to Other Funds 433,079,971 Vehicle Replacements 5,107,514 City of Virginia Beach, Virginia Fiscal Year 2014-15 Budget Ordinance Attachment A - Appropriations 098 School Reserve Special Revenue Fund Transfer to Other Funds FY 2014-15 Proposed Fund 002 Appropriation Totals 1,012,458,390 16,000,000 Fund 098 Appropriation Totals 16,000,000 104 Green Run Collegiate Charter School Administration, Attendance, and Health 8,000 Instruction 2,233,351 Operations and Maintenance 21,400 Pupil Transportation 159,128 Technology 25,000 Fund 104 Appropriation Totals 107 School Equipment Replacement Special Revenue Fund Reserve for Contingencies 108 School Instructional Technology Fund Instructional Technology 109 School Vending Operations Fund Vending 2,446,879 369,641 Fund 107 Appropriation Totals 369,641 159,700 Fund 108 Appropriation Totals 159,700 220,289 Fund 109 Appropriation Totals 220,289 112 School Communication Tower Technology Fund Instructional Technology 600,000 Fund 112 Appropriation Totals 600,000 114 School Cafeteria Fund Cafeteria 30,278,999 Fund 114 Appropriation Totals 30,278,999 115 School Operating Fund Administration, Attendance, and Health 22,675,243 Debt Service 45,507,225 Instruction 533, 735,053 Operations and Maintenance 87,505,569 Pupil Transportation 31,026,585 Technology 27,687,623 116 School Grants Fund Grants Fund 115 Appropriation Totals 748,137,298 63,534,234 Fund 116 Appropriation Totals 63,534,234 City of Virginia Beach, Virginia Fiscal Year 2014-15 Budget Ordinance Attachment A - Appropriations 117 School Textbook Fund Textbook 119 School Athletic Special Revenue Fund Athletic FY 2014-15 Proposed 9,952,535 Fund 117 Appropriation Totals 9,952,535 4,922,642 Fund 119 Appropriation Totals 4,922,642 130 Law Library Fund Library 244,382 Reserve for Contingencies 506 Transfer to Other Funds 57,252 Fund 130 Appropriation Totals 302,140 140 Commonwealth Attorney's Fed & State Seized Assets SRF Commonwealth's Attorney 400,000 Fund 140 Appropriation Totals 147 Federal Section 8 Program Special Revenue Fund Housing and Neighborhood Preservation 149 Sheriff's Department Special Revenue Fund Sheriff and Corrections Transfer to Other Funds 151 Parks and Recreation Special Revenue Fund Debt Service Future C.I.P. Commitments Parks and Recreation Public Works Reserve for Contingencies Transfer to Other Funds 152 Tourism Investment Program Fund Convention and Visitor Bureau Cultural Affairs Debt Service Parks and Recreation Public Works Reserve for Contingencies Strategic Growth Area Transfer to Other Funds 400,000 20,185,225 Fund 147 Appropriation Totals 20,185,225 39,856,062 24,551 Fund 149 Appropriation Totals 39,880,613 3,551,043 365,534 28,464,013 2,719,800 166,832 1,604,094 Fund 151 Appropriation Totals 36,871,316 100,000 50,500 24,229,882 135,128 934,874 5,317 4,251,194 5,307,824 Fund 152 Appropriation Totals 35,014,719 City of Virginia Beach, Virginia Fiscal Year 2014-15 Budget Ordinance Attachment A - Appropriations 157 Sandbridge Special Service District Spec Rev Fd Transfer to Other Funds FY 2014-15 Proposed 3,930,199 Fund 157 Appropriation Totals 3,930,199 161 Agriculture Reserve Program Special Revenue Fund Agriculture 220,108 Debt Service 4,101,097 Reserve for Contingencies 153,148 Fund 161 Appropriation Totals 163 Tourism Advertising Program Special Revenue Fund Convention and Visitor Bureau Reserve for Contingencies Transfer to Other Funds 166 Sandbridge Tax Increment Financing Fund Future C.I.P. Commitments Transfer to Other Funds 4,474,353 10,756,124 1,610 56,838 Fund 163 Appropriation Totals 10,814,572 7,000,000 1,369,801 Fund 166 Appropriation Totals 8,369,801 169 Central Business District -South TIF (Twn Cntr) Fd Debt Service 7,704,794 Transfer to Other Funds 150,000 172 Open Space Special Revenue Fund Debt Service Parks and Recreation Public Works Reserve for Contingencies Transfer to Other Funds 174 Town Center Special Service District Parks and Recreation Town Center Special Tax District Transfer to Other Funds 180 Community Development Special Revenue Fund Housing and Neighborhood Preservation Transfer to Other Funds Fund 169 Appropriation Totals 7,854,794 Fund 172 Appropriation Totals Fund 174 Appropriation Totals Fund 180 Appropriation Totals 2,576,042 505,545 15,300 2,676 1,800,000 4,899,563 46,309 1,963,600 386,199 2,396,108 1,797,398 128,858 1,926,256 181 CD Loan and Grant Fund Housing and Neighborhood Preservation 839,091 Fund 181 Appropriation Totals 839,091 City of Virginia Beach, Virginia Fiscal Year 2014-15 Budget Ordinance Attachment A - Appropriations FY 2014-15 Proposed 182 Federal Housing Assistance Grant Fund Housing and Neighborhood Preservation 912,891 Fund 182 Appropriation Totals 912,891 183 Grants Consolidated Fund Commonwealth's Attorney 314,442 Emergency Medical Services 375,000 Fire 235,345 Housing and Neighborhood Preservation 1,291,593 Human Services 1,730,342 Police 60,054 Public Works 15,000 Transfer to Other Funds 935,508 241 Water and Sewer Fund Debt Service Public Utilities Reserve for Contingencies Transfer to Other Funds 253 Parking Enterprise Fund Debt Service Reserve for Contingencies Strategic Growth Area Transfer to Other Funds 254 Waste Management Enterprise Fund Public Works Reserve for Contingencies Transfer to Other Funds 255 Storm Water Utility Enterprise Fund Debt Service Public Works Reserve for Contingencies Transfer to Other Funds 310 Old Donation Creek Area Dredging SSD Reserve for Contingencies Transfer to Other Funds Fund 183 Appropriation Totals 4,957,284 24,384,997 76,656,690 1,386,335 18,271,875 Fund 241 Appropriation Totals 120,699,897 695,363 265,505 1,811,626 599,515 Fund 253 Appropriation Totals 3,372,009 40,599,989 299,533 2,627,847 Fund 254 Appropriation Totals 43,527,369 2,796,529 16,772,058 8,197,105 11,593,385 Fund 255 Appropriation Totals 39,359,077 60,154 6,201 Fund 310 Appropriation Totals 66,355 City of Virginia Beach, Virginia Fiscal Year 2014-15 Budget Ordinance Attachment A - Appropriations 311 Bavville Creek Neighborhood Dredging SSD Fund Transfer to Other Funds 312 Shadowlawn Area Dredging SSD Transfer to Other Funds 313 Chesopeian Colony Dredging SSD Transfer to Other Funds 314 Harbour Point Dredging SSD Transfer to Other Funds 315 Gills Cove Dredging SSD Reserve for Contingencies 540 General Government Capital Projects Fund Building Capital Projects Coastal Capital Projects Communications and Information Technology Projects Economic and Tourism Development Capital Projects Parks and Recreation Capital Projects Roadways Capital Projects 541 Water and Sewer Capital Projects Fund Water and Sewer Capital Projects 555 Storm Water Capital Projects Fund Storm Water Capital Projects 606 City Garage Internal Service Fund Public Works Reserve for Contingencies Fund 311 Appropriation Totals Fund 312 Appropriation Totals Fund 313 Appropriation Totals Fund 314 Appropriation Totals Fund 315 Appropriation Totals Fund 540 Appropriation Totals Fund 541 Appropriation Totals Fund 555 Appropriation Totals FY 2014-15 Proposed 51,749 51,749 25,560 25,560 211,391 211,391 15,450 15,450 12,143 12,143 1,966,599 5,713,172 5,167, 994 5,120,373 6,196,418 6,396,503 30,561,059 8,000,000 8,000,000 9,514,582 9,514,582 12,933,097 47,330 Fund 606 Appropriation Totals 12,980,427 607 Risk Management Internal Service Fund Finance 14,377,824 Reserve for Contingencies 5,114 Fund 607 Appropriation Totals 14,382,938 I City of Virginia Beach, Virginia Fiscal Year 2014-15 Budget Ordinance Attachment A - Appropriations FY 2014-15 Proposed 610 Capital Projects Internal Service Fund City Treasurer 70,000 Commissioner of the Revenue 70,000 Communications and Information Technology 589,875 Economic Development 66,194 Finance 176,754 Public Works 405,973 Reserve for Contingencies 50,000 Fund 610 Appropriation Totals 1,428,796 613 School Landscaping Internal Service Fund Parks and Recreation Reserve for Contingencies 614 School Risk Management Fund School Risk Management 615 City and School Health Insurance Fund City and School Health Insurance 616 Fuels Internal Service Fund Public Works 620 Telecommunications Internal Service Fund Communications and Information Technology Reserve for Contingencies 621 Subscriptions Internal Service Fund Communications and Information Technology Reserve for Contingencies 908 City Beautification Fund Parks and Recreation 909 Library Gift Fund Library 910 Parking Meters - Homeless Donation Fund Housing and Neighborhood Preservation 3,896,217 26,807 Fund 613 Appropriation Totals 3,923,024 4,806,319 Fund 614 Appropriation Totals 4,806,319 145,389,250 Fund 615 Appropriation Totals 145,389,250 8,410,504 Fund 616 Appropriation Totals 8,410,504 3,037,849 308,586 Fund 620 Appropriation Totals 3,346,435 3,421, 650 288,987 Fund 621 Appropriation Totals 3,710,637 100,000 Fund 908 Appropriation Totals 100,000 15,000 Fund 909 Appropriation Totals 15,000 5,000 Fund 910 Appropriation Totals 5,000 City of Virginia Beach, Virginia Fiscal Year 2014-15 Budget Ordinance Attachment A - Appropriations 911 Parks and Recreation Gift Fund Parks and Recreation Total Budget Appropriations Less Internal Service Funds Less Interfund Transfers NET BUDGET APPROPRIATIONS FY 2014-15 Proposed 55,000 Fund 911 Appropriation Totals 55,000 2,527,079,503 198,378,330 498,234,068 1,830,467,105 City of Virginia Beach, Virginia Fiscal Year 2014-15 Budget Ordinance Attachment B - Revenue 002 General Fund Revenue From Local Sources Automobile License Business License Charges for Services Cigarette Tax Fines and Forfeitures From the Use of Money and Property General Sales Tax Hotel Room Tax Miscellaneous Revenue Other Taxes Permits, Privilege Fees, and Regulatory Licenses Personal Property Real Estate Restaurant Meal Tax Utility Tax Revenue from the Commonwealth Other Sources from the Commonwealth Revenue from the Federal Government Specific Fund Reserves Transfers from Other Funds 098 School Reserve Special Revenue Fund Specific Fund Reserves 104 Green Run Collegiate Charter School FY 2014-15 Proposed 9,627,331 47,600,886 39,964,597 12,148,649 6,706,205 5,548,179 60,016,191 6,017,443 5,292,859 17,617,261 5,092,563 137,161, 976 443,222,611 38,003,613 44,895,159 95,626,175 19,144,339 2,000,000 16,772,353 Fund 002 Revenue Totals 1,012,458,390 16,000,000 Fund 098 Revenue Totals 16,000,000 Transfers from Other Funds 2,446,879 Fund 104 Revenue Totals 2,446,879 107 School Equipment Replacement Special Revenue Fund Specific Fund Reserves 369,641 108 School Instructional Technology Fund Specific Fund Reserves 109 School Vending Operations Fund Revenue From Local Sources Miscellaneous Revenue Specific Fund Reserves Fund 107 Revenue Totals 369,641 159,700 Fund 108 Revenue Totals 159,700 192,550 27,739 Fund 109 Revenue Totals 220,289 City of Virginia Beach, Virginia Fiscal Year 2014-15 Budget Ordinance Attachment B - Revenue 112 School Communication Tower Technology Fund Revenue From Local Sources From the Use of Money and Property Specific Fund Reserves 114 School Cafeteria Fund Revenue From Local Sources Charges for Services From the Use of Money and Property Miscellaneous Revenue Revenue from the Commonwealth Other Sources from the Commonwealth Revenue from the Federal Government Specific Fund Reserves 115 School Operating Fund Revenue From Local Sources Charges for Services From the Use of Money and Property Miscellaneous Revenue Revenue from the Commonwealth Other Sources from the Commonwealth State Shared Sales Tax Revenue from the Federal Government Transfers from Other Funds 116 School Grants Fund Revenue From Local Sources Miscellaneous Revenue Revenue from the Commonwealth Other Sources from the Commonwealth Revenue from the Federal Government 117 School Textbook Fund Revenue From Local Sources From the Use of Money and Property Miscellaneous Revenue Revenue from the Commonwealth Other Sources from the Commonwealth Specific Fund Reserves FY 2014-15 Proposed 260,000 340,000 Fund 112 Revenue Totals 600,000 12,537,655 7,000 200,000 500,000 16,254,782 779,562 Fund 114 Revenue Totals 30,278,999 Fund 115 Revenue Totals Fund 116 Revenue Totals Fund 117 Revenue Totals 2,203,383 465,000 786,703 252,592,470 70,065,298 16,453,899 405,570,545 748,137,298 3,299,327 16,021,049 44,213,858 63,534,234 100,000 10,000 3,959,589 5,882,946 9,952,535 I City of Virginia Beach, Virginia Fiscal Year 2014-15 Budget Ordinance Attachment B - Revenue 119 School Athletic Special Revenue Fund Revenue From Local Sources Charges for Services From the Use of Money and Property Miscellaneous Revenue 130 Law Library Fund Revenue From Local Sources Charges for Services From the Use of Money and Property Specific Fund Reserves FY 2014-15 Proposed 494,000 5,000 4,423,642 Fund 119 Revenue Totals 4,922,642 Fund 130 Revenue Totals 140 Commonwealth Attorney's Fed & State Seized Assets SRF Specific Fund Reserves 293,000 4,140 5,000 302,140 400,000 Fund 140 Revenue Totals 400,000 147 Federal Section 8 Program Special Revenue Fund Revenue From Local Sources Charges for Services 2,182,374 Miscellaneous Revenue 32,000 Revenue from the Federal Government 17,731,193 Transfers from Other Funds 239,658 149 Sheriff's Department Special Revenue Fund Revenue From Local Sources Charges for Services From the Use of Money and Property Miscellaneous Revenue Revenue from the Commonwealth Other Sources from the Commonwealth Revenue from the Federal Government Specific Fund Reserves Transfers from Other Funds Fund 147 Revenue Totals 20,185,225 5,078,588 10,000 10,000 18,010,250 602,250 575,000 15,594,525 Fund 149 Revenue Totals 39,880,613 151 Parks and Recreation Special Revenue Fund Revenue From Local Sources Charges for Services 13,501,870 From the Use of Money and Property 1,579,251 Miscellaneous Revenue 2,200 Permits, Privilege Fees, and Regulatory Licenses 700 Real Estate 17,280,944 Revenue from the Commonwealth Other Sources from the Commonwealth 27,000 Specific Fund Reserves 27,000 Transfers from Other Funds 4,452,351 Fund 151 Revenue Totals 36,871,316 City of Virginia Beach, Virginia Fiscal Year 2014-15 Budget Ordinance Attachment B - Revenue FY 2014-15 Proposed 152 Tourism Investment Program Fund Revenue From Local Sources Amusement Tax 5,836,125 Cigarette Tax 934,511 Fines and Forfeitures 740,000 From the Use of Money and Property 651,143 Hotel Room Tax 15,321,383 Miscellaneous Revenue 300 Permits, Privilege Fees, and Regulatory Licenses 73,077 Restaurant Meal Tax 11,458,180 157 Sandbridge 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 Fund 152 Revenue Totals 35,014,719 Fund 157 Revenue Totals 161 Agriculture Reserve Program Special Revenue Fund Revenue From Local Sources Real Estate 6,899 798,013 628,909 139,257 2,357,121 3,930,199 4,474,353 Fund 161 Revenue Totals 4,474,353 163 Tourism Advertising Program Special Revenue Fund Revenue From Local Sources Charges for Services 101,198 From the Use of Money and Property 45,700 Hotel Room Tax 5,235,473 Miscellaneous Revenue 27,399 Restaurant Meal Tax 5,404,802 166 Sandbridge Tax Increment Financing Fund Revenue From Local Sources From the Use of Money and Property Real Estate Specific Fund Reserves 169 Central Business District -South TIF (Twn Cntr) Fd Revenue From Local Sources From the Use of Money and Property Hotel Room Tax Miscellaneous Revenue Real Estate Specific Fund Reserves Fund 163 Revenue Totals 10,814,572 27,459 8,139, 025 203,317 Fund 166 Revenue Totals 8,369,801 2,000 500,000 400,000 5,367,921 1,584,873 Fund 169 Revenue Totals 7,854,794 City of Virginia Beach, Virginia Fiscal Year 2014-15 Budget Ordinance Attachment B - Revenue 172 Open Space Special Revenue Fund Revenue From Local Sources Restaurant Meal Tax Specific Fund Reserves 174 Town Center Special Service District Revenue From Local Sources From the Use of Money and Property Real Estate Specific Fund Reserves Transfers from Other Funds 180 Community Development Special Revenue Fund Revenue from the Federal Government Transfers from Other Funds 181 CD Loan and Grant Fund Non -Revenue Receipts Revenue from the Federal Government Transfers from Other Funds 182 Federal Housing Assistance Grant Fund Non -Revenue Receipts Revenue from the Federal Government 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 FY 2014-15 Proposed 4,756,226 143,337 Fund 172 Revenue Totals 4,899,563 Fund 174 Revenue Totals Fund 180 Revenue Totals Fund 181 Revenue Totals Fund 182 Revenue Totals 1,000 1,548,564 696,544 150,000 2,396,108 1,290,671 635,585 1,926,256 125,000 469,967 244,124 839,091 70,000 842,891 912,891 43,632 2,937,719 1,479,133 496,800 Fund 183 Revenue Totals 4,957,284 241 Water and Sewer Fund Non -Revenue Receipts 2,061,135 Revenue From Local Sources Charges for Services 115,799,855 From the Use of Money and Property 357,641 Miscellaneous Revenue 367,343 Revenue from the Federal Government 944,456 Transfers from Other Funds 1,169,467 Fund 241 Revenue Totals 120,699,897 City of Virginia Beach, Virginia Fiscal Year 2014-15 Budget Ordinance Attachment B - Revenue 253 Parking Enterprise Fund Revenue From Local Sources Charges for Services Fines and Forfeitures From the Use of Money and Property 254 Waste Management Enterprise Fund Revenue From Local Sources Charges for Services From the Use of Money and Property Miscellaneous Revenue Permits, Privilege Fees, and Regulatory Licenses Revenue from the Commonwealth Other Sources from the Commonwealth Specific Fund Reserves 255 Storm Water Utility Enterprise Fund 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 310 Old Donation Creek Area Dredging SSD Revenue From Local Sources Real Estate 311 Bavville Creek Neighborhood Dredging SSD Fund Revenue From Local Sources Real Estate 312 Shadowlawn Area Dredging SSD Revenue From Local Sources Real Estate 313 Chesopeian Colony Dredging SSD Revenue From Local Sources Real Estate FY 2014-15 Proposed 3,183, 509 180,000 8,500 Fund 253 Revenue Totals 3,372,009 41,676,123 140,000 816,246 150,000 45,000 700,000 Fund 254 Revenue Totals 43,527,369 Fund 255 Revenue Totals Fund 310 Revenue Totals Fund 311 Revenue Totals Fund 312 Revenue Totals Fund 313 Revenue Totals 38,877,647 125,000 60,000 267,411 29,019 39,359,077 66,355 66,355 51,749 51,749 25,560 25,560 211,391 211,391 City of Virginia Beach, Virginia Fiscal Year 2014-15 Budget Ordinance Attachment B - Revenue 314 Harbour Point Dredging SSD Revenue From Local Sources Real Estate 315 Gills Cove Dredging SSD Revenue From Local Sources Real Estate 540 General Government Capital Proiects Fund Transfers from Other Funds 541 Water and Sewer Capital Projects Fund Transfers from Other Funds 555 Storm Water Capital Projects Fund Transfers from Other Funds 606 City Garage Internal Service Fund Revenue From Local Sources Charges for Services Miscellaneous Revenue Specific Fund Reserves 607 Risk Management Internal Service Fund Revenue From Local Sources Charges for Services From the Use of Money and Property 610 Capital Projects Internal Service Fund Revenue From Local Sources Charges for Services 613 School Landscaping Internal Service Fund Revenue From Local Sources Charges for Services 614 School Risk Management Fund Revenue From Local Sources Charges for Services FY 2014-15 Proposed 15,450 Fund 314 Revenue Totals 15,450 Fund 315 Revenue Totals Fund 540 Revenue Totals Fund 541 Revenue Totals Fund 555 Revenue Totals 12,143 12,143 30,561,059 30,561,059 8,000,000 8,000,000 9,514,582 9,514,582 12,031,350 124,296 824,781 Fund 606 Revenue Totals 12,980,427 14,355,938 27,000 Fund 607 Revenue Totals 14,382,938 1,428,796 Fund 610 Revenue Totals 1,428,796 3,923,024 Fund 613 Revenue Totals 3,923,024 4,806,319 Fund 614 Revenue Totals 4,806,319 I City of Virginia Beach, Virginia Fiscal Year 2014-15 Budget Ordinance Attachment B - Revenue 615 City and School Health Insurance Fund Revenue From Local Sources Miscellaneous Revenue 616 Fuels Internal Service Fund Revenue From Local Sources Charges for Services Specific Fund Reserves 620 Telecommunications Internal Service Fund Revenue From Local Sources Charges for Services 621 Subscriptions Internal Service Fund Revenue From Local Sources Charges for Services Miscellaneous Revenue Specific Fund Reserves 908 City Beautification Fund Revenue From Local Sources Miscellaneous Revenue 909 Library Gift Fund Revenue From Local Sources Miscellaneous Revenue 910 Parking Meters - Homeless Donation Fund Revenue From Local Sources Miscellaneous Revenue 911 Parks and Recreation Gift Fund Revenue From Local Sources Miscellaneous Revenue Total Budget Revenues Less Internal Service Funds Less Interfund Transfers NET BUDGET REVENUES FY 2014-15 Proposed 145,389,250 Fund 615 Revenue Totals 145,389,250 7,710,504 700,000 Fund 616 Revenue Totals 8,410,504 3,346,435 Fund 620 Revenue Totals 3,346,435 2,458,458 144,000 1,108,179 Fund 621 Revenue Totals 3,710,637 100,000 Fund 908 Revenue Totals 100,000 15,000 Fund 909 Revenue Totals 15,000 5,000 Fund 910 Revenue Totals 5,000 55,000 Fund 911 Revenue Totals 55,000 2,527,079,503 198,378,330 498,234,068 1,830,467,105 1 2 AN ORDINANCE ESTABLISHING THE TAX LEVY ON REAL ESTATE FOR FISCAL YEAR 2015 3 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 4 5 Sec. 1. Amount of Levy on Real Estate. 6 There shall be levied and collected for fiscal year 2015 taxes for general purposes on all real estate, 7 including all separate classifications of real estate set forth in the Code of Virginia, not exempt from taxation and 8 not otherwise provided for in this ordinance, at the rate of ninety-three ($0.93) on each one hundred dollars 9 ($100) of assessed valuation thereof. The real property tax rate that has been prescribed in this section shall be 10 applied on the basis of one hundred percentum of the fair market value of such real property, except for public 11 service real property, which shall be on the basis as provided in Section 58.1-2604 of the Code of Virginia. It is the 12 intention of the Council that four cents of the tax rate is dedicated, subject to annual appropriation, to provide 13 funding for the Schools to offset the decrease in State funding through the Local Composite Index, , and two cents 14 of the tax rate is dedicated, subject to annual appropriation, to offset the State reduction in funding for urban road 15 construction and the increased local obligations under the Line of Duty Act. The Council directs the City Manager in 16 the production of future budgets to provide an analysis of State funding for Schools, urban road construction, and 17 the Line of Duty Act. At such time as the State restores funding above the following benchmarks: funding for 18 Schools at $350M (per annum, net of School Facility Funds); urban road construction at $20M (per annum); and 19 Line of Duty Act at $0 (per annum), the City Manager will recommend a reduction, in whole or in part, to the four 20 cent or two cent tax rate dedication in an amount roughly equal to the increased State funding with a 21 corresponding decrease in the real estate tax rate. 22 23 Sec. 2. Amount of Levy on " - - - 24 "Certified Storm Water Management Developments and Property," "Certified Solar Energy Recycling 25 Equipment, Facilities or Devices" Classified as Real Estate, and "Environmental Restoration Sites," Real 26 Estate Improved by Erosion Controls, and Certain Wetlands and Riparian Buffers. 27 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 28 the Code of Virginia, there shall be levied and collected for general purposes for fiscal year 2015, taxes on all real 29 estate . - - „ (ba) 30 certified by the Department of Environmental Quality as "Certified Storm Water Management Developments and 31 Property," (Eb) certified as provided by Code of Virginia Section 58.1-3661 as "Certified Solar Energy Equipment, 32 Facilities or Devices," or "Certified Recycling Equipment, Facilities or Devices," (dc) defined by Code of Virginia 33 Section 58.1-3664 as an "Environmental Restoration Site," (ed) improved to control erosion as defined by Code of 34 Virginia § 58.1-3665, or (#e) qualifying as wetlands and riparian buffers as described by Code of Virginia § 58.1- 35 3666, not exempt from taxation, at a rate of ninety-three cents ($0.93) on each one hundred dollars of assessed 36 valuation thereof. The real property tax rates imposed in this section shall be applied on the basis of one hundred 37 percentum of fair market value of such real property except for public service property, which shall be on the basis 38 as provided in Section 58.1-2604 of the Code of Virginia. 39 40 Sec. 3. Amount of Levy on Real Estate Within the Sandbridge Special Service District. 41 There shall be levied and collected for fiscal year 2015, taxes for the special purpose of providing beach 42 and shoreline restoration and management at Sandbridge on all real estate within the Sandbridge Special Service 43 District, not exempt from taxation, at the rate of six cents ($0.06) on each one hundred dollars ($100) of assessed 44 value thereof. This real estate tax rate shall be in addition to the real estate tax rate set forth in Section 1 of this 45 ordinance. For real property that qualifies for Land Use Assessment, pursuant to Division 2 of Chapter 35 of the 46 City Code, or Exemption, Deferral or Freeze for Elderly and Disabled Persons, pursuant to Division 3 of Chapter 35 47 of the City Code, this real estate tax rate shall be applied in the same manner as the real estate tax rate set forth in 48 Section 1 of this ordinance. The real estate tax rate imposed herein shall be applied on the basis of one hundred 49 percentum of the fair market value of such real property except for public service real property, which shall be on 50 the basis as provided in Section 58.1-2604 of the Code of Virginia. 51 52 Sec. 4. Amount of Levy on Real Estate Within the Town Center Special Service District. 53 For the special purpose of operating and maintaining the parking garage and providing enhanced services 54 for the plaza and public spaces within the boundaries of the service district at the Town Center, as well as other 55 additional services authorized by Virginia Code § 15.2-2403, there shall be levied and collected for fiscal year 2015, 56 taxes on all real estate within the Town Center Special Service District, not exempt from taxation, at the rate of 57 forty-five cents ($0.45) on each one hundred dollars ($100) of assessed value thereof. This real estate tax rate shall 58 be in addition to the real estate tax set forth in Section 1 of this ordinance. For real property that qualifies for Land 59 Use Assessment, pursuant to Division 2 of Chapter 35 of the City Code, or Exemption, Deferral or Freeze for Elderly 60 and Disabled Persons, pursuant to Division 3 of Chapter 35 of the City Code, this real estate tax rate shall be 61 applied in the same manner as the real estate tax rate set forth in Section 1 of this ordinance. The real estate tax 62 rate imposed herein shall be applied on the basis of one hundred percentum of the fair market value of such real 63 property, except for public service real property, which shall be on the basis as provided in Section 58.1-2604 of 64 the Code of Virginia. 65 66 Sec. 5. Amount of Levy on "Energy -Efficient Buildings". 67 In accordance with Section 58.1-3221.2 of the Code of Virginia and any relevant section of the City Code, 68 there shall be levied and collected for general purposes for the fiscal year 2015, taxes on all real estate that has 69 been classified as an energy efficient building, not exempt from taxation, at a rate of seventy-eight cents ($0.78) 70 on each one hundred dollars of assessed valuation thereof. The real property tax rate imposed in this section shall 71 be applied on the basis of one hundred percentum of fair market value of such real property except for public 72 service property, which shall be on the basis as provided in Section 58.1-2604 of the Code of Virginia. 73 74 Sec. 6. Amount of Levy on Properties Listed in the Virginia Landmarks Register. 75 In accordance with Section 58.1-3221.5 of the Code of Virginia and any relevant section of the City Code, 76 there shall be levied and collected for general purposes for the fiscal year 2015, taxes on buildings that are 77 individually listed on the Virginia Landmarks Register, not including the real estate or land on which the building is 78 located, so long as the building is maintained in a condition such that it retains the characteristics for which it was 79 listed on the Virginia Landmarks Register at a rate of forty-nine ($0.49) on each one hundred dollars of assessed 80 valuation thereof. The real property tax rate imposed in this section shall be applied on the basis of one hundred 81 percentum of fair market value of such real property except for public service property, which shall be on the basis 82 as provided by Section 58.1-2604 of the Code of Virginia. 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 This real estate tax rate shall be in addition to the real estate tax rate set forth in Section 1 of this ordinance. 104 Except as provided explicitly in Chapter 35.3 of the Code of the City of Virginia Beach, this tax rate shall apply 105 without reduction to any properties subject to ad valorem taxes including those properties enrolled in the 106 Exemption, Deferral or Freeze for Elderly and Disabled Persons, City Code §§ 35-61, et seq. As set forth in Code of 107 Virginia, section 15.2-2403(6), written consent is required to apply this tax rate to the full assessed value of 108 properties subject to special use value assessment. The real estate tax rate imposed herein shall be applied on the 109 basis of one hundred percentum (100%) of the fair market value of such real property except for public service real 110 property, which shall be on the basis as provided in Section 58.1-2604 of the Code of Virginia. 111 Sec. 7. Amount of Levy on Real Estate Within the Various Dredging Special Service Districts. There shall be levied and collected for fiscal year 2015, taxes for the special purpose of providing neighborhood channel dredging of creeks and rivers to maintain existing uses on all real estate within the -Old - . on each one hundred dollars ($100) of assessed value thereof each special service district listed below: a. b. c. d. e. f. - Old Donation Special Service District, not exempt from taxation, at the rate of eighteen and four - tenths cents ($0.184) on each one hundred dollars ($100) of assessed value thereof. Bavville Creek Special Service District, not exempt from taxation, at the rate of thirty six and three - tenths cents ($0.363) on each one hundred dollars ($100) of assessed value thereof. Shadowlawn Special Service District, not exempt from taxation, at the rate of fifteen and nine -tenths cents ($0.1594) on each one hundred dollars ($100) of assessed value thereof. Chesopeian Special Service District, not exempt from taxation, at the rate of twenty nine and one - tenths cents ($0.2913) on each one hundred dollars ($100) of assessed value thereof. Harbour Point Special Service District, not exempt from taxation, at the rate of seven and nine -tenths cents ($0.079) on each one hundred dollars ($100) of assessed value thereof. Gills Cove Special Service District, not exempt from taxation, at the rate of six and three -tenths cents ($0.063) on each one hundred dollars ($100) of assessed value thereof. 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 Sec. 49. 8 Severability. 141 If any portion of this ordinance is for any reason declared to be unconstitutional or invalid, such decision 142 shall not affect the validity of the remaining portions of this ordinance. 143 144 Sec. 14.9 Effective Date. 145 The effective date of this ordinance shall be July 1, 2014. 146 147 148 149 neighborhood channel dredging of creeks and rivers to maintain existing uses on all real estate within thc Bayville Creek Special Service District, not exempt from taxation, at the ratc of thirty six and three tenths cents ($0.363) on each onc hundrcd dollars ($100) of assessed value thcrcof. This real estate tax ratc shall bc in addition to thc real estate tax rate set forth in Section 1 of this ordinance. Except as provided explicitly in Chapter 35.3 of the Code of the City of Virginia Beach, this tax rate shall apply without reduction to any propertics subject to ad valorem taxes including those propertics enrolled in thc Exemption, Deferral or Frcczc for Elderly and Disabled Persons, City this tax rate to the full assessed value of propertics subject to special usc value assessment. The real estate tax rate imposed herein shall be applied on the basis of one hundred percentum (100%) of thc fair market value of such real property except for public service r al property, which shall be on the basis as provided in Section 58.1 2604 of the Codc of Virginia. ,Thcrc shall be levicd and collected for fiscal year 2015, taxes for the special purpose of providing ($0.159) on each onc hundred dollars ($100) of assessed value thcrcof. This real estate tax ratc shall be in addition the Code of the City of Virginia Beach, this tax ratc shall apply without reduction to any properties subject to ad valorem taxes including those properties enrolled in the Exemption, Deferral or Freeze for Elderly and Disabled Persons, City Codc §§ 35 61, ct seq. As set forth in Codc of Virginia, section 15.2 2403(6), written consent is required to apply this tax rate to the full assessed value of properties subject to special usc value assessment. The real estate tax rate imposed herein shall bc applied on thc basis of one hundrcd percentum (100%) of the fair market value of such real property except for public service real property, which shall bc on thc basis as provided in Section 58.1 2604 of the Codc of Virginia. Adopted by the City Council of the City of Virginia Beach, Virginia on this _ day of May, 2014. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROV ' AS TO LEGAL SUFFICIENCY: Budget and Management Services Cis ney's ffice 1 AN ORDINANCE ESTABLISHING THE TAX LEVY ON PERSONAL 2 PROPERTY AND MACHINERY AND TOOLS FOR THE 3 CALENDAR YEAR 2015 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 8 general purposes for the calendar year 2015 on all tangible personal property, including all separate classifications 9 of personal property set forth in the Code of Virginia, not exempt from taxation and not otherwise provided for in 10 this ordinance, at the rate of three dollars and seventy cents ($3.70) four dollars ($4.00) on each one hundred 11 dollars ($100) assessed valuation thereof. 12 13 Sec. 2. Personal Property Tax Relief. 14 As required by § 58.1-3523 of the Code of Virginia, qualifying vehicles (as defined by § 58.1-3523), not 15 otherwise exempted from taxation in this ordinance or by law, shall be subject to the following: 16 1 Any qualifying -vehicle with a total assessed value of $1,000 or less will be levied no tax. 17 2. Any qualifying vehicle with an assessed value of between $1,001 and $20,000 will be levied 45% of 18 the computed tax based on the total assessed value of the vehicle. Reimbursement is expected from the state 19 under the Personal Property Tax Relief Act equal to the remaining 55% of the computed tax on the first $20,000 of 20 assessed value. 21 3. Any qualifying vehicle with an assessed value of over $20,000 will be levied 45% of the computed 22 tax based on the first $20,000 of assessed value and 100% of the computed tax based on the assessed value in 23 excess of $20,000. Reimbursement is expected from the state under the Personal Property Tax Relief Act equal to 24 the remaining 55% of the computed tax on the first $20,000 of assessed value. 25 4. Pursuant to authority conferred in Item 503.D of the 2005 Virginia Appropriations Act, the City 26 Treasurer is authorized to issue a supplemental personal property tax bill, in the amount of 100% of the tax due 27 without regard to any former entitlement to state relief, plus applicable penalties and interest, to any taxpayer 28 whose taxes with respect to a qualifying vehicle for tax year 2005 or any prior tax year remain unpaid on 29 September 1, 2006, or such earlier date as reimbursement with respect to such bill is no longer available from the 30 Commonwealth, whichever earlier occurs. Penalties and interest with respect to bills issued pursuant to this 31 section shall be computed on the entire amount of tax owed. Interest shall be computed from the original due 32 date of the tax. 33 34 Sec. 3. Amount of Levy on Certain Classifications of Tangible Personal Property 35 In accordance with Chapter 35 of Title 58.1 of the Code of Virginia, taxes shall be levied and collected for 36 general purposes for the calendar year 2015 on the certain classifications of tangible personal property set forth 37 below at the rate of . _ - - - - - . e four dollars ($4.00) on each one hundred dollars 38 ($100) assessed valuation thereof. 39 a. heavy construction equipment as described in Code of Virginia § 58.1-3506 (A) (8); 40 b. computer equipment as described in Code of Virginia § 58.1-3506 (A) (11); 41 c. tangible personal property as described in (a) Code of Virginia § 58.1-3506 as "certified pollution 42 control equipment and facilities" and (b) Code of Virginia § 58.1-3661 as "certified solar equipment, facilities or 43 devices and certified recycling equipment, facilities or devices"; 44 d. furniture, office, and maintenance equipment as described in Code of Virginia § 58.1-3506 (A) (24); 45 e. all tangible personal property employed in a trade or business other than described in subdivisions A 46 1 through A 18, except for subdivision A 17, of § 58.1-3503 as described in Code of Virginia § 58.1-3506 (A) (26); 47 f. programmable computer equipment and peripherals employed in a trade or business ad described in 48 Code of Virginia § 58.1-3506 (A) (27); 49 g. tangible personal property used in the provision of internet service as described in Code of Virginia § 50 58-1-3506 (A) (31); 51 h. forest harvesting and silvicultural activity as described in Code of Virginia § 58-1-3506 (A) (33); 52 i. equipment used primarily for research, development, production or provision of biotechnology as 53 described in Code of Virginia § 58-1-3506 (A) (34); 54 j. tangible personal property which is owned and operated by a service provider who is not a CMRS 55 provider and is not licensed by the FCC used to provide, for a fee, wireless broadband internet service as described 56 in Code of Virginia § 58-1-3506 (A) (37). 57 58 Sec. 4. Amount of Levy on Manufactured Homes. 59 There shall be levied and collected for general purposes for the calendar year 2015 taxes on all vehicles 60 without motive power, used or designated to be used as manufactured homes, as defined by Section 36-85.3 of 61 the Code of Virginia, at the rate of ninety-three cents ($0.93) on each one hundred dollars ($100) of assessed 62 valuation thereof. Such property declared a separate class of tangible personal property in Section 58.1-3506 (A) 63 (10). 64 65 Sec. 5. Amount of Levy on All Boats or Watercraft Used for Business Purposes Only. 66 There shall be levied and collected for general purposes for the calendar year 2015 taxes on all boats or 67 watercraft used for business purposes (both boats weighing less than five (5) tons and boats weighing five (5) tons 68 or more), except as provided for in Section 8 of this ordinance, at the rate of one dollar and fifty cents ($1.50) on 69 each one hundred dollars ($100) of assessed valuation thereof. Such property declared a separate class of tangible 70 personal property in Sections 58.1-3506 (A) (35) and (A) (36). 71 72 Sec. 6. Amount of Levy on All Boats or Watercraft Not Used Solely for Business Purposes. 73 There shall be levied and collected for general purposes for the calendar year 2015 taxes on all boats or 74 watercraft not used solely for business purposes weighing less than five (5) tons, and weighing five (5) tons or 75 more, except as provided for in Section 8 of this ordinance, at the rate of one dollar and fifty cents ($1.50) on each 76 one hundred dollars ($100) of assessed valuation thereof. Such property declared a separate class of tangible 77 personal property in Sections 58.1-3506 (A) (1) (a) and (A) (1) (b). 78 79 Sec. 7. Amount of Levy on Machinery and Tools. 80 In accordance with Section 58.1-3507 of the Code of Virginia, there shall be levied and collected for 81 general purposes for the calendar year 2015 taxes on machinery and tools, including machinery and tools used 82 directly in the harvesting of forest products or semiconductor manufacturing, not exempt from taxation, at the 83 rate of one millionth of one cent ($.000001) on each one hundred dollars ($100) of assessed valuation thereof. As 84 provided by Code of Virginia § 58.1-3506 (B), the following personal property shall also be taxed at the rate of 85 machinery and tools: 86 a. all tangible personal property used in research and development businesses, as described in Code of 87 Virginia § 58.1-3506 (A) (7); 88 b. generating or cogenerating equipment, as described in Code of Virginia § 58.1-3506 (A) (9); and 89 c. all motor vehicles, trailers and semitrailers with a gross vehicle weight of 10,000 pounds or more 90 used to transport property for hire by a motor carrier engaged in interstate commerce, as described in Code of 91 Virginia § 58.1-3506 (A) (25). 92 93 Sec. 8. Amount of Levy on Privately Owned Pleasure Boats and Watercraft Used for Recreational Purposes Only. 94 There shall be levied and collected for general purposes for the calendar year 2015 taxes on all privately 95 owned pleasure boats and watercraft used for recreational purposes only, at the rate of one millionth of one cent 96 ($.000001) on each one hundred dollars ($100) of assessed valuation thereof. Such property declared a separate 97 class of tangible personal property in Sections 58.1-3506 (A) (12), (A) (28), and (A) (29). 98 99 Sec. 9. Amount of Levy on Privately Owned Camping Trailers, Privately Owned Travel Trailers, and Motor Homes 100 Used for Recreational Purposes Only, and Privately Owned Horse Trailers. 101 There shall be levied and collected for general purposes for the calendar year 2015 taxes at the rate of 102 one dollar and fifty cents ($1.50) on each one hundred dollars ($100) of assessed valuation thereof on the 103 following property: (a) all privately owned camping trailers and motor homes as defined in Section 46.2-100 of the 104 Code of Virginia and privately owned travel trailers as defined in Code of Virginia § 46.2-1900, that are used for 105 recreational purposes only; and (b) privately owned trailers as defined in § 46.2-100 of the Code of Virginia that 106 are designed and used for the transportation of horses, except those trailers described in subdivision (A) (11) of § 107 58.1-3505 of the Code of Virginia. Such property declared a separate class of tangible personal property in Sections 108 58.1-3506 (A) (18) and (A) (30). 109 110 Sec. 10. Amount of Levy on One Motor Vehicle Owned and Regularly Used by a Disabled Veteran. 111 There shall be a reduced tax, levied and collected for general purposes for the calendar year 2015 at the 112 rate of one dollar and fifty cents ($1.50) on each one hundred dollars ($100) of assessed valuation, on one (1) 113 motor vehicle owned and regularly used by a veteran who has either lost, or lost the use of, one or both legs, or an 114 arm or a hand, or who is blind, or who is permanently and totally disabled as certified by the Department of 115 Veterans' Affairs. Any motor vehicles in addition to the one (1) so taxed shall not qualify for the taxation at the rate 116 established herein, and shall be taxed at the rate or rates applicable to that class of property. To qualify, the 117 veteran shall provide a written statement to the Commissioner of the Revenue from the Department of Veterans' 118 Affairs that the veteran has been so designated or classified by the Department of Veterans' Affairs as to meet the 119 requirements of Section 58.1-3506 (A) (19), and that his or her disability is service connected. Such property 120 declared a separate class of tangible personal property in Section 58.1-3506 (A) (19). 121 122 Sec.11. Amount of Levy on a Motor Vehicle Owned and Used Primarily by or for Someone at Least Sixty -Five 123 Years of Age or Anyone Found to be Permanently and Totally Disabled. 124 a. In accordance with Sections 58.1-3506.1 et seq. of the Code of Virginia, there shall be a reduced tax, 125 levied and collected for general purposes for calendar year 2015, at the rate of three dollars ($3.00) on each one 126 hundred dollars ($100.00) of assessed valuation, on one (1) automobile or pickup truck owned and used primarily 127 by or for anyone at least sixty-five years of age or anyone found to be permanently and totally disabled, as defined 128 in Section 58.1-3506.3 of the Code of Virginia, subject to the following conditions: 129 1. The total combined income received, excluding the first $7,500 of income, from all sources 130 during calendar year 2014 by the owner of the motor vehicle shall not exceed twenty-two thousand dollars 131 ($22,000). 132 2. The owner's net financial worth, including the present value of all equitable interests, as of 133 December 31 of calendar year 2014, excluding the value of the principal residence and the land, not exceeding one 134 (1) acre, upon which it is situated, shall not exceed seventy thousand dollars ($70,000). 135 3. All income and net worth limitations shall be computed by aggregating the income and assets, 136 as the case may be, of a husband and wife who reside in the same dwelling and shall be applied to any owner of 137 the motor vehicle who seeks the benefit of the preferential tax rate permitted under this ordinance, irrespective of 138 how such motor vehicle may be titled. 139 b. Any such motor vehicle owned by a husband and wife may qualify if either spouse is sixty-five or over 140 or if either spouse is permanently and totally disabled, and the conditions set forth in subsection (a) have been 141 satisfied. 142 143 Sec. 12. Assessed Value Determination. 144 In accordance with Section 58.1-3103 of the Code of Virginia, personal property mentioned in the above 145 sections shall be assessed at actual fair market value, to be determined by the Commissioner of the Revenue for 146 the City of Virginia Beach. 147 148 Sec. 13. Severability. 149 If any portion of this ordinance is for any reason declared to be unconstitutional or invalid, such decision 150 shall not affect the validity of the remaining portions of this ordinance. 151 152 Sec. 14. Effective Date. 153 This ordinance shall be effective January 1, 2015. 154 155 156 157 Adopted by the Council of the City of Virginia Beach, Virginia, on this _day of May, 2014. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEG j' SUFFICIENCY: Budget and Management Services ei 's . 'ice 1 AN ORDINANCE TO APPROPRIATE $106,008 AND DECLARE 2 $7,000,000 OF FUNDING WITHIN THE SANDBRIDGE TAX 3 INCREMENT FINANCING DISTRICT AS SURPLUS FUNDS IN 4 THE FY 2013-14 OPERATING BUDGET 5 WHEREAS, the Sandbridge Tax Increment Financing District (Sandbridge TIF) and the Sandbridge Special 6 Service District (Sandbridge SSD), were established to provide a funding source for beach and shoreline restoration 7 and management at Sandbridge; 8 9 WHEREAS, an analysis of the Sandbridge TIF and the Sandbridge SSD occurs annually to ensure that 10 funding is adequate for Tong -term beach and shoreline restoration and management along Sandbridge; 11 12 WHEREAS, current projections indicate that the Sandbridge TIF and Sandbridge SSD have sufficient 13 funding to 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 16 project; and 17 18 WHEREAS, $ 7-73507000 7,000,000 is available as an unencumbered appropriation in the FY 2013-14 19 Sandbridge TIF Reserve 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 $ 7-7330,000 7,000,000 of funding within the Sandbridge TIF is hereby declared to be in excess 24 of the long-term obligations for beach and shoreline restoration and management and is hereby declared surplus. 25 26 (2) That $236,381 106,008 is hereby appropriated from the fund balance of the Sandbridge Tax 27 Increment Financing District to the FY 2013-14 Sandbridge TIF Reserve for Future Commitment and $ 773-507000 28 7,000,000 is hereby transferred within the FY 2013-14 Operating Budget from the Sandbridge TIF to the General 29 Fund — Unappropriated Real Estate Tax Revenues. 30 31 32 33 34 35 BE IT FURTHER ORDAINED: That this ordinance shall be effective on June 30, 2014. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of May, 2014. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: Budget and Management Services APFROVEI:TASO LEGALFFICIENCY: � J ttor y's Off 1 A RESOLUTION PROVIDING CERTIFICATION TO THE VIRGINIA 2 RETIREMENT SYSTEM REGARDING MEMBER CONTRIBUTIONS BY 3 SALARY REDUCTION 4 5 WHEREAS, the City of Virginia Beach (VRS #55234) (the "City") employees who are Virginia Retirement 6 System members who commence or recommence employment on or after July 1, 2012, shall be required to 7 contribute five percent of their creditable compensation by salary reduction pursuant to Internal Revenue Code § 8 414(h) on a pre-tax basis upon commencing or recommencing employment; and 9 10 WHEREAS, the City employees who are Virginia Retirement System members and in service on June 30, 11 2012, shall be required to contribute five percent of their creditable compensation by salary reduction pursuant to 12 Internal Revenue Code § 414(h) on a pre-tax basis no later than July 1, 2016; and 13 14 WHEREAS, such employees in service on June 30, 2012, shall contribute a minimum of an additional one 15 percent of their creditable compensation beginning on each July 1 of 2012, 2013, 2014, 2015, and 2016, or until 16 the employees' contributions equal five percent of creditable compensation; and 17 18 WHEREAS, the City may elect to require such employees in service on June 30, 2012, to contribute more 19 than an additional one percent each year, in whole percentages, until the employees' contributions equal five 20 percent of creditable compensation; and 21 22 WHEREAS, the second enactment clause of Chapter 822 of the 2012 Acts of Assembly (SB497) requires an 23 increase in total creditable compensation, effective July 1, 2013, to each such employee in service on June 30, 24 2013, who was also in service with the City on June 30, 2012, to offset the cost of the member contributions, such 25 increase in total creditable compensation to be equal to the percentage increase of the member contribution paid 26 by such pursuant to this resolution (For example, if the member contribution paid by the employee increases from 27 two to three percent pursuant to this resolution, the employee must receive a one percent increase in creditable 28 compensation.). 29 30 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: 31 32 The City of Virginia Beach (VRS #55234) does hereby certify to the Virginia Retirement System Board of 33 Trustees that it shall effect the implementation of the member contribution requirements of Chapter 822 of the 34 2012 Acts of Assembly (SB497) according to the following schedule for the fiscal year beginning July 1, 2014: 35 36 37 38 be made by the City in lieu of member contributions; and 39 Plan 1 Percent Plan 2 Percent Employer Paid Member Contribution 2% Employer Paid Member Contribution 0% Employee Paid Member Contribution 3% Employee Paid Member Contribution 5% Total 5% Total 5% BE IT FURTHER RESOLVED, that such contributions, although designated as member contributions, are to 40 BE IT FURTHER RESOLVED, that pick up member contributions shall be paid from the same source of funds 41 as used in paying the wages to affected employees; and 42 43 BE IT FURTHER RESOLVED, that member contributions made by the City under the pick up arrangement 44 shall be treated for all purposes other than income taxation, including but not limited to VRS benefits, in the same 45 manner and to the same extent as member contributions made prior to the pick up arrangement; and 46 47 BE IT FURTHER RESOLVED, that nothing herein shall be construed so as to permit or extend an option to 48 VRS members to receive pick up contributions made by the City directly instead of having them paid to VRS; and 49 50 BE IT FURTHER RESOLVED, that notwithstanding any contractual or other provisions, the wages of each 51 member of VRS who is an employee of the City shall be reduced by the amount of member contributions picked up 52 by the City on behalf of such employee pursuant to the forgoing resolutions; and 53 54 BE IT FURTHER RESOLVED, that in accordance with the Appropriation Act, no salary increases that were 55 provided solely to offset the cost of required member contributions to the Virginia Retirement System under 56 §51.1-144 of the Code of Virginia will be used to certify that the salary increases required by the Appropriations 57 Act have been provided. 58 59 NOW, THEREFORE, the City Manager or designee is hereby authorized and directed in the name of the 60 City to carry out the provisions of this resolution, and said officers are authorized and directed to pay over to the 61 Treasurer of Virginia from time to time such sums as are due to be paid by the City for this purpose. 62 63 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of May, 2014. APPROVED AS TO CONTENT: Budget and Management Services APPROVED AS TO LEGAL SUFFICIENCY: 1 A RESOLUTION REGARDING THE CITY'S 2015 EMPLOYEE AND 2 RETIREE HEALTH INSURANCE PLANS 3 4 WHEREAS, the next Health Insurance Plan Year takes effect January 1, 2015; 5 6 WHEREAS, the City Council and the School Board have met several times, most recently on 7 March 4, 2014 to discuss plan design changes needed to reduce the cost of the City and School Health 8 Insurance Program; 9 10 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA 11 THAT 12 13 1. The City Manager or his designee is hereby authorized to work with the Consolidated Benefits 14 Office to implement the Health Insurance Offerings to City and School Employees as outlined 15 below: 16 17 a. Implement the plan design changes set forth in Attachment A for plan year 2015 and as 18 follows: 19 i. In order to encourage all members of the health insurance program to utilize 20 VBWellnessforLife to improve their overall health and assist in controlling costs, 21 those who elect not to participate will pay an additional premium $500 for 22 health insurance coverage; 23 24 ii. Establish three plan offerings of Point of Service (POS), Plus Preferred Provider 25 Organization (Plus PPO), and Preferred Provider Organization (PPO): 26 1. All plans will cover chiropractic, hearing aids, and routine eye care, but 27 2. All plans will no longer cover infertility treatment, bariatric surgery, or 28 child dependent obstetric (OB) services 29 30 b. Establish an employer contribution strategy is to provide a defined contribution to each 31 tier of each of the three plans offered, equal to the amount needed in the PPO plan to 32 maintain for active employees, ninety-seven percent (97%) coverage for the single 33 subscriber, eighty percent (80%) coverage for dependents, and sixty percent (60%) 34 coverage for an eligible spouse. Retired employees (non -Medicare eligible) would be 35 covered at ninety-one percent (91%) for the single subscriber, eighty percent (80%) 36 coverage for dependents, and sixty percent (60%) coverage for an eligible spouse. 37 38 i. Effective January 1, 2015, spouses will not be eligible to enroll on the City and 39 School Health Insurance plan if they have access to another employer group 40 health plan that meets the Affordability and Minimum Value standards provided 41 by the Affordable Care Act (ACA). To that end, employees will be required to 42 certify that their spouse does not have access to another employer group health 43 plan that meets the Affordability and Minimum Value standards provided by the 44 ACA to gain coverage on the City and School Health Insurance. 45 46 ii. For those members choosing the PPO plan during the 2015 Plan Year, the City 47 and Schools will provide a one-time employer contribution into a Health Savings 48 Account (HSA). This will not be provided to any employee hired after January 1, 49 2015 or open enrollment thereafter. 50 51 iii. Employees hired on or after July 1, 2014, will not receive an employer 52 contribution to retiree health insurance. Per State law (Virginia Code § 15.2- 53 1517), such employees with fifteen years of continuous service with the City or 54 Schools may elect to continue on a City and School Health Insurance Plan upon 55 retirement, but the retiree would be responsible for the full premium cost of 56 the selected plan. 57 58 2. The City Auditor is directed to conduct an audit of health care claims by an independent outside 59 firm. The City Auditor is also directed to perform periodic audits of the health care program as 60 deemed necessary. 61 62 3. The City Auditor is directed to provide for an actuarial valuation of retiree health insurance costs 63 biennially to meet the Government Accounting Standards Board (GASB) 45 pronouncement 64 concerning fully costing out Other Post Employment Benefits. 65 66 Adopted by the Council of the City of Virginia Beach, Virginia on the day of May, 2014. APPROVED AS TO CONTENT: )c4ft Budget and Management Services APPRQU€DAS TO LEGAL SUFFICIENCY: City 0ice Deductibles HSA Funding Out of Pocket Max PCP Visit Preventive Visit Specialist Visit Diagnostic (X-ray, blood work) Attachment A Calendar Year Plan for 2015 Compared to Current Plans Current 2014 Plans POS HDHP $300/$600 N/A $1,500/$3,000 $20/100%* 100% $1,250/$2,500 (non -embedded) $500/$500 $6,250/$12,500 30% Coinsurance 100% $40/100%* 30% Coinsurance $40/100% 30% Coinsurance Imaging (CT/PET, MRI) $150/100% 30% Coinsurance Inpatient Hospital Outpatient Surgery Maternity Care Pharmacy*** Preferred Standard Premium Premium Plus $500/100% 30% Coinsurance $250/100% 30% Coinsurance $40 OB Confirm/$200 global then 100% $15 $30 25% (min $45, max $60) 50% (min $60, max $110) 30% Coinsurance After Deductible: $15 $30 25% (min $45, max $60) 50% (min $60, max $110) POS $500/$1500 N/A $2,500/$5,000 $20/100%* 100%* $40/100%* 2015 Plans Plus PPO $1,000/$2,000 N/A $3,000/$6,000 15% Coinsurance 100%* PPO $1,500/$3,000 (non -embedded) $500** $3,500/$7,000 20% Coinsurance 100%* 15% Coinsurance 20% Coinsurance 10% Coinsurance 15% Coinsurance 20% Coinsurance 10% Coinsurance 15% Coinsurance 20% Coinsurance 10% Coinsurance 15% Coinsurance 20% Coinsurance 10% Coinsurance 15% Coinsurance 20% Coinsurance $350 Copay* 15% Coinsurance 20% Coinsurance $15* $30* 25% (min $45, max $60)* 50% (min $60, max $110)* $15* $30* 25% (min $45, max $60)* 50% (min $60, max $110)* Notes: * Deductible does not apply to this service ** PPO $500 HSA contribution offered first plan year ONLY *** Pharmacy copays do not assume participation in the preferred network 7 After Deductible: $15 $30 25% (min $45, max $60) 50% (min $60, max $110) 1 2 3 AN ORDINANCE TO AMEND THE CITY CODE PERTAINING TO THE EQUIVALENT RESIDENTIAL UNIT (ERU) FEE SECTION AMENDED: § 32.5-2 4 WHEREAS, City Council held public a hearing on the proposed fee increase to provide for public 5 comment; 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 8 9 10 to read as follows: 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 BE IT FURTHER ORDAINED: That the effective date of this ordinance shall be July 1, 2014. 26 27 That Section 32.5-2 of the Code of the City of Virginia Beach, Virginia is hereby amended and reordained Sec. 32.5-2. Definitions. The following words and terms used in this section shall have the following meanings: (a) Equivalent residential unit or ERU means the equivalent impervious area of a single-family residential developed property per dwelling unit located within the city based on the statistical average horizontal impervious area of a single-family residence in the city. An equivalent residential unit (ERU) equals two thousand two hundred sixty-nine (2,269) square feet of impervious surface area. (b) ERU rate means the utility fee charged on an equivalent residential unit, which shall be thirty one per day, effective July 1, 2012, forty one and six tcnth ccnts ($0.416) per day, effective July 1, 2013 forty-three and three -tenth cents ($0.433) per day, effective July 1, 2014. Adopted by the Council of the City of Virginia Beach, Virginia, on this day of May, 2014. APPROVED AS TO CONTENT: Budget and Management Services APPROVED AS TO LEGAL SUFFICIENCY: 1 AN ORDINANCE TO AMEND SECTION 12-14.1 OF THE CITY CODE 2 PERTAINING TO FIRE INSPECTIONS TO INCREASE THE FEE CHARGED 3 FOR RE -INSPECTIONS 4 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 5 6 That Section 12-49 of the Code of the City of Virginia Beach is hereby amended and reordained to read as 7 follows: 8 9 Sec. 12-49.1. Permits and Inspections Fees. 10 Fees for permits or inspections required by this article or the Virginia Statewide Fire Prevention 11 Code are hereby levied in accordance with the following schedule: 12 (1) Annual fire inspection fee $50.00. 13 However, each business premise located within a structure shall be inspected 14 independently of other areas located in the structure. This fee shall not be levied for the 15 inspection of City or Virginia Beach City Public School facilities. 16 (2) Re -inspection fee for second t -I i re -inspection and every subsequent inspection to 17 demonstrate compliance with the Virginia Statewide Fire Prevention Code 50.00 18 25.00 No fee shall be charged for any necessary first or second re -inspection. This fee 19 shall not be levied for the inspection of City or Virginia Beach City Public School facilities. 20 21 22 23 24 25 BE IT FURTHER ORDAINED: That the effective date of this ordinance shall be July 1, 2014. Adopted by the Council of the City of Virginia Beach, Virginia, on this day of May, 2014. APPROVED AS TO CONTENT: 0/4, is_ J\1:1-9-11 APP Budget and Management Services City S TO LEGAL SUFFICIENCY: ice 1 AN ORDINANCE TO AMEND SECTION 21-330 OF THE CITY 2 CODE PERTAINING TO PARKING IN METERED SPACES, TO 3 INCREASE CERTAIN PARKING FEES, AND TO DEDICATE 4 REVENUE AND FINES FOR IMPLEMENTATION OF A RESORT 5 AREA PARKING STRATEGY 6 WHEREAS, the original Tourism and Growth Investment Special Revenue Fund ("TGIF") established on 7 February 2, 1993 dedicated fines from parking tickets to the TGIF, which was later transitioned to the Tourism 8 Investment Program Special Revenue Fund; 9 10 WHEREAS, the Parking Enterprise Fund is responsible for staffing and all operational costs to provide a 11 comprehensive enforcement program at the Oceanfront; 12 13 WHEREAS, Resort Area civic leagues have requested enhanced parking management initiatives; 14 15 WHEREAS, the implementation of the Resort Area Parking Strategy will require additional resources to 16 meet the goals of the community; 17 18 WHEREAS, on September 24, 2013, the City Council amended Section 21-358 of the City Code to increase 19 penalties for violations of residential parking restrictions by ordinance (ORD #3306); and 20 21 WHEREAS, the City's comprehensive parking strategy requires additional revenue for enforcement, 22 infrastructure replacement, and maintenance. 23 24 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 25 26 (1) That Section 21-330 of the Code of the City of Virginia Beach, Virginia, is hereby amended and 27 reordained to read as follows: 28 29 Section 21-330. Prepayment of penalty for parking in metered spaces in violation of Division. 30 (a) When a notice is attached to a vehicle pursuant to Section 21-329, the owner of the vehicle may, 31 within fourteen (14) calendar days thereafter, pay to the City Treasurer, in satisfaction of the 32 violation for which the notice was given, a penalty of twenty dollars twelve dollars ($20.00) 33 {$12.00) for each hour or fraction thereof during which such vehicle occupied a parking meter 34 space illegally. Such payment shall constitute a plea of guilty to the violation in question. If such 35 payment is not postmarked or received by the City Treasurer within fourteen (14) calendar days 36 after receipt of such notice, the penalty for each hour or fraction thereof during which such 37 vehicle occupied a parking meter space illegally shall be forty dollars twenty four dollars ($40.00) 38 ($24.00). 39 (b) The failure of any owner to make payment in accord with subsection (a) above or present the 40 citation or notice of violation at any office of the City Treasurer for certification to the General 41 District Court, within thirty (30) days shall render such owner subject to a fine of not more than 42 fifty dollars ($50.00) in addition to the penalty set forth in subsection (a). 43 44 (2) That the City Manager is hereby directed to increase the hourly parking meter rate from one dollar 45 fifty ($1.50) to two dollars ($2.00). 46 47 (3) That the City Manager is hereby directed to increase the Resident Discount Fee from two dollars 48 ($2.00) to three dollars ($3.00) for those City parking lots providing a Resident Discount Fee for 49 parking after 5:00 p.m. 50 51 (4) That the Council hereby dedicates, subject to annual appropriation, to the Parking Enterprise Fund 52 the revenue generated from the increased rates, fees, and fines provided in Items (1), (2), and (3), 53 above, and from the increased penalties for violations of residential parking fees enacted by City 54 Council on September 24, 2013 (ORD #3306). 55 56 57 58 BE IT FURTHER ORDAINED: That the effective date of this ordinance shall be July 1, 2014. Adopted by the Council of the City of Virginia Beach, Virginia, on this _ day of May, 2014. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUF CIENCY: Budget and Management Services City At 1 AN ORDINANCE TO AMEND SECTIONS 28-4, 28-5, 28-6 AND 28-7, 2 ADD A NEW SECTION 28-4.1 AND REPEAL SECTION 28-8, PERTAINING 3 TO SEWER CAPITAL RECOVERY FEES, AMEND SECTIONS 37-7.1, 37-8, 4 37-9, 37-10 AND 37-11 AND REPEAL SECTION 37-12, PERTAINING TO 5 WATER CAPITAL RECOVERY FEES 6 7 Section Amended: City Code Sections 28-4, 28-5, 28-6, 28-7, 37-7.1, 37-8, 37-9, 37-10 and 37-11 8 9 Section Added: City Code Section 28-4.1 10 11 Sections Repealed: City Code Sections 28-8 and 37-12 12 13 14 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 15 16 That Sections 28-4, 28-5, 28-6, 28-7, 37-7.1, 37-8, 37-9, 37-10 and 37-11 of the City Code are hereby 17 amended and reordained, Section 28-4.1 of the City Code is hereby added, and Sections 28-8 and 37-12 of the City 18 Code are hereby repealed, to read as follows: 19 20 CHAPTER 28. SEWERS AND SEWAGE DISPOSAL 21 22 Article I. In General. 23 24 25 Sec. 28-4. Sewer capital recovery fees, generally. 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 (b) Where connection is made to the public sewer system, connection fccs shall be fifty ninc dollars 45 ($59.00) per drainage fixture unit, as defined in thc current edition of thc Uniform Statcwidc Building Code or, 46 where In cases in which a gravity sewer 5-eFyiee connection to the public sewer system is not available to the 47 property, - :.ee = the sewer capital recovery fee shall be in amount 48 equal to fifty per cent (50%) of the applicable fee set forth in subsection (a) of section 28-4.1. 49 50 (b1) Notwithstanding the provisions of subsection (b)s hereof, where a use or structure connected to 51 the sanitary public sewer system is reconstructed, expanded or modified, so as to result in an increase in drainage 52 - - , EGFI.Rectiern water meter size, 53 the sewer capital recovery fees shall be ee _ = • -: in an amount 54 equal to the difference between the fee corresponding to the size of new water meter installed to serve such use 55 or structure and the fee corresponding to the size of the water meter replaced. (a) The fees prescribed by the following subsections of this section shall be paid as the property owner's share of the cost of the sanitary public sewer alleetion system and associated conveyance facilities. Such fees shall be known as " sewer capital recovery fees" and shall be deemed system revenues, as defined in the Master Water and Sewer Revenue Bond Resolution adopted February 11, 1992. The Such fees shall ase be applicable to ^ structu rc ^ ^"y result in an increase in drainage fixture units, and to a use or structure not presently connected to the sanitary sewer system when such use or structure connects and as otherwise provided in this article. If a property owner has previeursly paid sanitary sewer impact connection fees in effect as of June 30, 2014, but has not obtained a building permit for the building or structure to which such fees apply, the property owner may, through December 31, 2014, _ - - = elect to pay sewer capital recovery fees in the amount prescribed in this article, less a credit of any sanitary sewer impact connection fees previously paid. Any property owner who pays such fees between July 1, 2014 and December 31, 2014 may choose to pay sewer capital recovery fees in the prescribed amount or the applicable amount of sanitary sewer connection fees in effect as of June 30, 2014. 56 57 (c) Where the property owner r+st is required to construct a sewer or sewers sewage facilities; 58 which that are to become a part of the public sewer system; in order to provide service to a specific parcel or 59 parcels, . - - : - : : - - the sewer capital recovery fee shall 60 be thirteen dollars ($13.00) per drainage fixture unit in an amount equal to twenty-five per cent (25%) of the 61 applicable fee specified in subsection (a) of section 28-4.1. 62 63 (d) Whenever 64 the property to bc served discharges through a publicly owncd pump station, then, in addition to thc fees 65 prescribed in subsection (c) above, a property to be served discharges through a publicly-owned pump station, and 66 1) the system installation costs are calculated pursuant to subsection (c) of this section, or (2) the estimated peak 67 sanitary sewer flow exceeds the property's flow allocation, there shall alae be charged a an additional fee in the 68 sum► amount of - :: - " : "= : - "' - : one thousand, one 69 hundred eighty-seven dollars ($1,187.00) effective July 1, 2009 per gallon per minute/peak flow. "Peak flow" shall 70 be construed to mean the prevailing projected peak flow standards set forth by in the Virginia Department of 71 Public Utilities Design Standards or the actual peak flow, whichever is greater. "Flow 72 allocation" shall mean that portion of the pump station's capacity assigned to the property. 73 74 (e) Special sewer connection fees The sewer capital recovery fee for 75 campgrounds or temporary uses connected to the public sanitary sewer system is 76 hereby established. Such fees shall be determined as follows: 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 subsection (a) of section 28-4.1 for each water meter installed to serve such campground. 93 94 95 96 97 98 99 (3) For temporary uses and structures, the applicable fee shall be determined by the director of public 100 utilities based upon the estimated contribution of wastewater to the public sanitary sewer system from the 101 proposed use or structure. A temporary use or structure shall be one intended to be operated or occupied during 102 a single season or period of time and not thereafter repeated on an annual or other basis. 103 104 {f} jg1 No building permit shall be valid issued and no water or sewer tap shall be installed for any 105 property until the fees previded-fey-in required by this section have been fully paid, except as otherwise provided 106 in this article. 107 108 {g) (h) in the case of existingExistin contractual agreements between property owners and the city 109 regarding fees and waiver of fees, such agreements shall remain in effect. 110 (1) For campgrounds and other uses operated on a seasonal basis, the fee shall bc fifty ninc dollars ($59.00), the fee shall be in an amount equal to one-half (1/2) of the applicable sewer capital recovery fee specified in subsection (a) of section 28-4.1 for each water meter installed to serve such campground. For such fee to be applicable, the owner shall first enter into a contract with the city providing that, if such campground is converted to year-round use, the owner shall, at the time of conversion to year-round use, pay the fee prescribed by subdivision (2) hereof, less the amount of any sewer capital recovery fee previously paid on account of such campground. (2) For campgrounds operated on a year-round basis, each campsite or recreational vehicle pad shall be nine dollars ($59.00) the sewer capital recovery fee shall be in an amount equal to the applicable fee under future times as the campground is converted to year round usc, thc fccs specified in subsections (b) and (c) of this section shall bc applicable and that the owncr shall pay thc difference in such fccs at the time of conversion to year round usc. 111 (i) Where a property having no water meter is connected to the public sewer system, the sewer 112 capital recovery fee shall be in an amount equal to the applicable fee for a water meter of a size necessary to serve 113 such property, as determined in accordance with the applicable provisions of the Department of Public Utilities 114 Design Standards Manual. 115 116 COMMENT 117 118 The amendments effect a fundamental change in the way sanitary sewer connection fees, which will be 119 known as "sewer capital recovery fees", are calculated. Currently, they are determined on the basis of the 120 number of drainage fixture units (DFUs), a measurement unit for potential water use for a given plumbing 121 fixture or appliance, in a building or structure connected to the public sewer system. The amendments 122 eliminate the DFU as the basis for determining the amount of sewer capital recovery fees and substitute water 123 meter size as the determinant. It is anticipated that the resulting fees will be higher in some instances and 124 lower in others; overall, however, it is expected that the change will not significantly affect total revenue from 125 the fees. 126 127 The amendments establish the amount of sewer capital recovery fees for single -family dwellings, 128 duplexes, triplexes, multiple-family dwellings, non-residential uses and mixed-use buildings having both 129 residential and non-residential uses. In addition, provision is made for certain uses, such as campgrounds, 130 temporary uses and property that is connected to the public sewer system but not to City water and hence has 131 no water meter. 132 133 The amendments also provide for applying credits for prior payments of connection fees where no 134 building permit has been issued and allows property owners the choice in certain circumstances of paying fees 135 under the current DFU-based system or under the new meter-based system. 136 137 Sec. 28-4.1. Sewer capital recovery fees, amount. 138 139 The sewer capital recovery fee shall be determined as follows: 140 141 (a) For single -family and duplex dwellings and triplexes where the dwelling units are separately-metered (per 142 dwelling unit) and for all non-residential uses: 143 144 Meter Size (in inches) Sewer Capital Recovery Fee 145 146 5/8 $ 1,545 147 1 3,863 148 1.5 7,727 149 2 12,363 150 3 23,181 151 4 38,634 152 6 77,268 153 8 123,629 154 10 177,717 155 156 (b) For multiple-family dwellings, the fee shall be in an amount equal to seventy per cent (70%) of the 157 applicable sewer capital recovery fee or reduced fee under section 28-4(c), as the case may be, per dwelling unit. 158 159 (c) For mixed-use and other buildings containing both residential and non-residential uses, separate meters 160 shall be required to serve the residential and non-residential components of the property. Fees shall be payable 161 for each meter serving the property in accordance with this section. 162 163 COMMENT 164 165 The amendments set forth the amounts of the sewer capital recovery fee. Single-family dwellings, 166 duplexes and triplexes that are separately metered and non-residential buildings have the same rate, while the 167 rate for multiple -family dwellings is 70% of the rate for those buildings per dwelling unit. 168 169 Sec. 28-5. Installment, etc., payment of sanitary sewer connectieo capital recovery fees. 170 171 (a) The director of public utilities is hereby authorized to accept, on behalf of the city, promissory notes for 172 the payment of the sanitary sewer capital connection recovery fees due under 173 section 28 4 this article, for single-family residences and duplexes - - - - - The 174 terms of each such note shall be all tap and cleanout fees, given as a down payment, with the full sanitary sewer 175 capital conncctien recovery fee to be paid within four (4) years. Installation payments must be made at least 176 annually in four (4) equal installments during the four-year period, but may be made more frequently if agreed to 177 by the owner and the director of public utilities. Interest shall be charged at a rate equal to the Prime Rate for U.S. 178 Banks, as published in the Wall Street Journal, when the installment contract is executed, plus three (3) percentage 179 points, not to exceed twelve (12) percent per annum. 180 181 (b) When a hardship exists, the director of public utilities may allow the down payment prescribed in 182 paragraph subsection (a) above; to be paid by installments over a one-year period; or, if the property is being 183 offered for sale, the director of public utilities may enter into an agreement on behalf of the city whereby all fees 184 shall be paid from the proceeds of the sale or within ninety (90) days of the date of the agreement, whichever shall 185 be the sooner. 186 187 188 189 The amendments make technical and stylistic revisions to the current section and allow installment 190 payments to be made in unequal amounts. 191 192 193 Sec. 28-6. Sewer capital recovery fee exemption - feF certain elderly and 194 handicapped or disabled persons. 195 196 (a) Exemption or partial exemption from payment of the .sanitary sewer eonncction capital recovery fees 197 prescribed by section 28-4 is provided for certain-prepeFty owners of single-family dwellings and duplexes who 198 qualify under this section. The exemption is to be administered by the city manager or his authorized designee, 199 herein referred to as the administrator. The administrator is hereby authorized atm-empeweFed to prescribe; 200 adopt and enforce such rules .- • '= , ' = = , as may be 201 reasonably necessary to determine qualifications for exemption. The administrator may require the production of 202 certified tax returns and appraisal reports to establish income and financial worth. 203 204 (b) Exemptions shall be granted under this section subject to the following provisions: 205 206 (1) Title to the property for which the sanitary 5^ ncctio^ `ee exemption is sought must be held or 207 partially held by the applicant continuously for at least one hundred twenty (120) days prior to the installation or 208 scheduled date of installation, whichever comes first, of the public sewer system-; 209 210 211 212 213 214 215 216 217 218 219 COMMENT (2) The owner of the title or partial title must be sixty-five (65) years of age or older at least one hundred twenty (120) days prior to the installation or scheduled installation date, whichever comes first, of the public sewer system. If such person is under sixty-five (65) years of age, he or she shall possess a certification have been determined by the Social Security Administration, the Veterans Administration, or the Railroad Retirement Board or if such person is not eligible for certification by any of these agencies, a sworn ^cntly and to be totally disabled, as defined in the regulations of the agency making such determination. The affidavit of at least onc of such doctors shall be based upon a physical examination of such person by such doctor. The affidavit of onc of such doctors may be based upon medical information contained in the records of the civil service commission which is relevant to the standards for 220 Such 221 determination shall be filed with the administrator at such time as the applicant files an 222 fee application for exemption affidavit., 223 224 (3) The dwelling to be connected to the public sewer system must be the sole dwelli 1g residence of the 225 applicant claiming exemption 226 227 (4) The total combined income during the immediately preceding calendar year from all sources of the 228 owners of the dwelling living therein and of the owner's relatives living in the dwelling does not exceed twenty- 229 three thousand five hundred dollars ($23,500.00); provided that the first five thousand dollars ($5,000.00) of 230 income of each relative, other than spouse or spouses of the owner or owners living in the dwelling shall not be 231 included in such total; and provided further that the first seven thousand five hundred dollars ($7,500.00) or any 232 portion thereof of income received by a permanently and totally disabled owner shall not be included in such 233 total-; and 234 235 (5) The net combined financial worth of the owners of the property shall not exceed eighty thousand dollars 236 ($80,000.00), excluding the fair market value of the house property to be connected to the public sewer system. 237 Net combined financial worth shall include the value of all assets, including equitable interests, of the owner and 238 of the spouse of the owner. 239 240 (c) Persons applying for an - - - • • exemption under this section must file with the 241 administrator an fee exemption affidavit setting forth, in a manner prescribed by the administrator, the location 242 and value of the property to be connected to the public sewer, the names of the persons related to the owner and 243 occupying the dwelling, their gross combined income and their net combined financial worth. If such applicant is 244 under sixty-five (65) years of age, - ' ' - - - - . ' a copy of the determination of disability, as set 245 forth in subsection (b)(2) of this section, shall also be filed with the administrator. 246 247 (d) Where the person claiming an exemption 248 eel:Aaieed meets the eligibility criteria set forth in this section, the exemption shall 249 be as shown in the following schedule: 250 251 Total income, all sources 252 253 $ 00.00-15,000.00 254 15,000.01-17,000.00 255 17,000.01-19,000.00 256 19,000.01-21,000.00 257 21,000.01-23,500.00 258 259 (e) If, within twelve (12) months after the fee exemption is obtained under this section, the applicants 260 financial position of the person having the exemption sweu►ld change, se such that ' 261 - he or she no longer meets the criteria 262 for qualification under this section, then thc person holding thc exemption shall refund the amount of the 263 exemption shall become due and payable to the city. 264 265 266 267 268 expected to result in death or can be expected to last for thc duration of such person's life. 269 270 (g4 f11 Any person falsely claiming an exemption provided for by this section shall be 271 guilty of a Class 1 misdemeanor. 272 273 274 Amount of exemption 100% 80% 60% 40% 20% (f) For purposes of this section, a person is permanently and totally disabled if he is so certified as required in activity by reason of any medically determinable physical or mental impairment or deformity which can be COMMENT 275 The amendments make technical and stylistic revisions to the current section. In addition, they simplify 276 the provisions regarding exemptions for reasons of disability by requiring that decisions to grant or deny an 277 exemption request be based solely on whether there has been a determination of total disability by the Social 278 Security Administration, Veteran's Administration or Railroad Retirement Board. The revised section no longer 279 requires a finding of permanent disability, as an agency finding of total disability must be based on an 280 impairment that is expected to last at least twelve months. 281 282 Sec. 28-7. Same—Fee certain financially disadvantaged persons generally. 283 (a) Exemption from payment of the sanitary sewer een eetien capital recovery fees prescribed by &cction 28 284 4 this article is provided for certain financially disadvantaged property owners of single-family or duplex dwellings 285 who qualify under this section. The exemption is to be administered by the city manager or his authorized 286 designee, herein referred to as the administrator. The administrator is hereby authorized and-er wpewered to 287 prescribe, such rules • - : : - • ' _ ' _ = - - - - -, as may 288 be reasonably necessary to determine qualifications for exemption. The administrator may require the production 289 of certified tax returns and appraisal reports to establish income and financial worth. 290 291 (b) Exemptions shall be granted under this section subject to the following provisions: 292 293 (1) Title to the property for which the exemption is sought must be held or partially held by the applicant at 294 least one hundred twenty (120) days prior to the installation or scheduled date of installation, whichever comes 295 first, of the sewer line. 296 297 (2) The dwelling to be connected to the sewer line must be the sole dwelling residence of the applicant 298 claiming exemption. 299 300 (3) The total combined income of the owner and the owner's relatives living in the household during the year 301 immediately preceding the installation -- - - . shall not exceeding the most 302 recent federally established poverty thresholds. 303 304 (4) The net combined financial worth of the owner shall not exceed twenty thousand dollars ($20,000.00), 305 excluding fair market value of the house to be connected to the sewer line. Net combined financial worth shall 306 include the value of all assets, including equitable interests, of the owner and of the spouse of the owner. 307 308 (c) Persons applying for an exemption under this section must file with the administrator an affidavit, 309 setting forth, in a manner prescribed by the administrator, the location and value of the property to be connected 310 to the line, the names of the persons related to the owner and occupying the dwelling, their gross combined 311 income and their net combined financial worth. 312 (d) Where the person claiming an exemption conforms to thc standards, and docs not exceed the 313 meets the eligibility criteria set forth in this section, the exemption shall be one hundred 314 {100) percent per cent (100%) of the sewer capital recovery fee. 315 316 (e) If, within twelve (12) months after an exemption is obtained under this section, the applicant's 317 financial position of the person having the exemption changes se such that its effect would be to remove the 318 = = he or she no longer meets the criteria for 319 qualification under e# this section, then the person holding thc exemption shall the fekind the amount of the 320 exemption shall become due and payable to the city. 321 322 (f) Any person falsely claiming an exemption or violating any provision of this section shall be guilty of a Class 323 1 misdemeanor. 324 325 COMMENT 326 The amendments make technical and stylistic revisions to the current section and allow installment 327 payments to be made in unequal amounts. 328 329 Sec. 28 8. .. - IRESERVEDI 330 331 332 333 334 335 336 337 COMMENT 338 The amendments repeal this section, as there are no longer any community development target areas 339 within the City. 340 341 CHAPTER 37. WATER SUPPLY 342 Article I. In General 343 344 Sec. 37-7.1. Water ceseurce capital recovery fees generally. 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 (b) The water capital Reeevery recovery fees shall be determined as follows: 363 364 (1) Each drainage fixture unit shall be charged a recovery fee according to the following schedule: 365 366 (i) Thirty two dollars ($32.00) per drainage fixturc unit from thc effective date of this section until Junc 30, 367 1986. 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 (1) For single-family and duplex dwellings and triplexes where the dwelling units are separately -metered (per 383 dwelling unit) and for all non-residential uses: 384 (a) The fees prescribed by this section shall be paid as the property owner's share of the cost of water resource development and associated distribution facilities. Such fees shall be known as "water capital recovery fees-" and shall be deemed system revenues, as defined in the Master Water and Sewer Revenue Bond Resolution adopted February 11, 1992. The fees shall be determined on the basis of the drainage time. Such fees shall alse be applicable to a use or structure presently connected to thc water system whenever a use or structure not presently connected to the water system when such use or structure connects and as otherwise provided in this article. If a property owner has previea-sly paid water line resource recovery fees in effect as of June 30, 2014, but has not obtained a building permit for the building or structure to which such fees apply, the property owner may, through December 31, 2014, elect to pay applicable water capital recovery fees in the amount specified by this article, less a credit of any water line resource recovery fees previously paid. Any property owner who pays such fees between July 1, 2014 and December 31, 2014 may choose to pay water capital recovery fees in the prescribed amount or the applicable amount of water resource recovery fees in effect as of June 30, 2014. •• Sixty six dollars ($66.00) per drainage fixturc until effective November 24, 1987. Seventy nine dollars ($79.00) per drainage fixture from July 1, 2008, to Junc 30, 2009. Nincty two dollars ($92.00) per drainage fixture effective July 1, 2009. In all cases where a plumbing fixturc is not specifically described in the Uniform Statewide Building Code 385 Meter Size (in inches) Water Capital Recovery Fee 386 387 5/8 $ 2,267 388 1 5.667 389 1.5 11.333 390 2 18,133 391 3 34,000 392 4 56,667 393 6 113,334 394 8 181,334 395 10 260,668 396 397 (2) For multiple -family dwellings, the fee shall be in an amount equal to seventy per cent (70%) of the 398 applicable water capital recovery fee, per dwelling unit. 399 400 (3) For mixed-use and other buildings containing both residential and non-residential uses, separate meters 401 shall be required to serve the residential and non-residential components of the property. Fees shall be payable 402 for each meter serving the property in accordance with this section. 403 404 (4) Where a use or structure connected to the public water system is reconstructed, expanded or modified so 405 as to result in an increase in water meter size, the water capital recovery fee shall in an amount equal to the 406 difference between the fee corresponding to the size of new water meter installed to serve such use or structure 407 and the fee corresponding to the size of the water meter replaced. 408 409 (c) In the event of a dispute as to the amount of fees owed, the property owner may appeal the department 410 of public utilities' decision to the city manager or his designee and, thereafter, to city council. 411 412 4ee (d) No building or plumbing permit shall be issued for any property, and if issucd, such permit shall not be 413 valid, until unless the fees provided for in this section have been paid in full. 414 415 4) Lel In the case of existing Existing contractual agreements between property owners and the city regarding 416 water capital recovery fees or their equivalent and waiver of such fees; 417 web -agreements -shall remain in effect. 418 419 COMMENT 420 The revisions to this section are similar to those effected by the amendments to the sections on sewer 421 connection fees. The term for the new fees is "water capital recovery fee", which replaces the current "water 422 resource recovery fee." 423 424 Sec. 37-8. Water resource recovery fee account. 425 All moneys collected as water rc capital recovery fees under section 37 7.1 shall be deposited into a special 426 account to be known as the "water r=r capital recovery fee account." Moneys shall be disbursed from this 427 account to pay costs of projects designed to develop sources of water supply and distribution facilities for the city. 428 429 COMMENT 430 431 The section updates the name of the special account into which water capital recovery fees are 432 deposited to reflect the new term for the fees. 433 Sec. 37-9. Installment, etc., payment of sennestion water capital recovery charges fees. 434 435 (a) The director of public utilities is hereby authorized to accept, on behalf of the city, notes for the payment 436 of y the fees due under subsections (b)(1) and (b)(2) of section 37-7.1 for single-family residences and 437 duplexes - • ' • . The terms of such note shall be all tap and meter fees, given as a 438 down payment, with the full remaining fees to be paid within four (4) years. Installment payments must be made 439 at least annually in four (4) equal installments during the four-year period, but may be made more frequently if 440 agreed to by the owner and the director of public utilities. Interest shall be charged at a rate equal to the Prime 441 Rate for U.S. Banks, as published in the Wall Street Journal, when the installment contract is executed, plus three 442 (3) percentage points, not to exceed twelve (12) percent per annum. 443 444 (b) When a hardship exists, the director of public utilities may allow the down payment prescribed in 445 paragraph (a) above, to be paid by installments over a one-year period; or, if the property is being offered for sale, 446 the director of public utilities may enter into an agreement on behalf of the city whereby all fees shall be paid from 447 the proceeds of the sale or within ninety (90) days of the date of the agreement, whichever shall be the sooner. 448 COMMENT 449 450 The amendments are similar to those made in Section 28-5 above, but pertain to water capital recovery fees. 451 452 Sec. 37-10. tiesevery Water capital recovery fee exemptions—Pm certain elderly and—handicapped or 453 disabled persons. 454 455 (a) Exemption or partial exemption from payment of the water capital recovery fees prescribed by section 456 37-7.1 is provided for owners of single-family dwellings and duplexes who qualify under this 457 section. The exemption is to be administered by the city manager or his authorized designee, herein referred to as 458 the administrator. The administrator is hereby authorized and empowered to prescribe; rce such 459 rules - _ , ' , as may be reasonably necessary to 460 determine qualifications for exemption. The administrator may require the production of certified tax returns and 461 appraisal reports to establish income and financial worth. 462 463 (b) Exemptions shall be granted under this section subject to the following provisions: 464 465 (1) Title to the property for which the recovery fcc exemption is sought must be held or partially held by the 466 applicant continuously for at least one hundred twenty (120) days prior to the installation, or scheduled date of 467 installation, whichever comes first, of the water line s 468 469 470 471 472 473 474 475 476 477 478 479 480 time as the applicant files a water line fcc an application for exemption affidavit.) 481 482 (3) The dwelling to be connected to the water line must be the sole dwelling of the applicant claiming 483 exemption -s 484 485 (4) The total combined income during the immediately preceding calendar year from all sources of the 486 owners of the dwelling living therein and of the owner's relatives living in the dwelling does not exceed twenty - 487 three thousand five hundred dollars ($23,500.00); provided that the first five thousand dollars ($5,000.00) of 488 income of each relative, other than spouse or spouses of the owner or owners living in the dwelling, shall not be 489 included in such total; and provided further that the first seven thousand five hundred dollars ($7,500.00) or any 490 portion thereof of income received by a permanently and totally disabled owner shall not be included in such 491 total-; and 492 493 (5) The net combined financial worth of the owners of the property shall not exceed eighty thousand dollars 494 ($80,000.00), excluding the fair market value of the hease property to be connected to the water line. Net (2) The owner of the title or partial title must be sixty-five (65) years of age or older at least one hundred twenty (120) days prior to the installation or scheduled installation date, whichever comes first, of the water line. If such person is under sixty-five (65) years of age, he or she shall po css a certification have been determined by the social security administration, the veterans administration, or the railroad retirement board, or i` ^uch per on to the effect that such person is be totally disabled, as defined in subsection (f) of this section the regulations of the agency making such determination. The affidavit of at (east one of such doctors shall be based upon a physical examination of such person by such doctor. The subsection (f) of this section. Such feedieakaffidavitS determination shall be filed with the administrator at such 495 combined financial worth shall include the value of all assets, including equitable interests, of the owner and of the 496 spouse of the owner. 497 498 (c) Persons applying for recovery fee exemption under this section must file with the administrator a 499 recovery fee exemption affidavit, setting forth, in a manner prescribed by the administrator, the location and value 500 of the property to be connected to the water line, the names of the persons related to the owner and occupying 501 the dwelling, their gross combined income and their net combined financial worth. If such applicant is under sixty - 502 five (65) years of age, - ' ' • - . •- • a copy of the determination of disability, as set forth in 503 subsection (b)(2) of this section, shall also be filed with the administrator. 504 505 (d) Where the person claiming an exemption conforms to the standards and does not exceed the limitations 506 contained in this section, the recovery fee exemption shall be as shown in the following schedule: 507 508 Total income, all sources 509 510 $ 00.00-15,000.00 511 15,000.01-17,000.00 512 17,000.01-19,000.00 513 19,000.01-21,000.00 514 21,000.01-23,500.00 515 516 (e) If, within twelve (12) months after the recovery fee exemption is obtained under this section, the 517 applicant's financial position of the person receiving the exemption should change1 se such that its effect would 518 he or she no longer meets 519 the criteria for qualification under this section, - - - • - - . - . - = the amount of 520 521 522 523 524 525 526 527 {g}u Any person falsely claiming an exemption or violating any provision of this section shall be guilty of a Class 528 1 misdemeanor. 529 530 COMMENT 531 532 The amendments are similar to those made in Section 28-6 above, but pertain to water capital recovery fees. 533 534 Sec. 37-11. Same—ger certain financially disadvantaged persons generally. 535 536 (a) Exemption from payment of the recovery fees prescribed by section 37-7.1 is provided for certain 537 financially disadvantaged preperty owners of single-family or duplex dwellings who qualify under this section. The 538 exemption is to be administered by the city manager or his authorized designee, herein referred to as the 539 administrator. The administrator is hereby authorized and empowered to prescribe, adopt and enforce such rules 540 -: - - '= , ' = • - , as may be reasonably necessary to determine 541 qualifications for exemption. The administrator may require the production of certified tax returns and appraisal 542 reports to establish income and financial worth. 543 544 (b) Exemptions shall be granted under this section subject to the following provisions: 545 546 (1) Title to the property for which the recovery fee exemption is sought must be held or partially held by the 547 applicant at least one hundred twenty (120) days prior to the installation, or scheduled date of installation, 548 whichever comes first, of the water line. 549 Exemption 100% 80% 60% 40% 20% the exemption shall become due and payable to the city. (f) For purposes of this scction, a person is permanently and totally disabled if he is so certified as required in expected to result in death or can be expected to last for the duration of such person's life. 550 (2) The dwelling to be connected to the water line must be the sole dwelling of the applicant claiming the 551 exemption. 552 553 (3) The total combined income of the owner and the owner's relatives living in the household during the year 554 immediately preceding the installation -- shall not exceedieg the most 555 recent federally established poverty thresholds. 556 557 (4) The net combined financial worth of the owner shall not exceed twenty thousand dollars ($20,000.00), 558 excluding the fair market value of the house to be connected to the water line. Net combined financial worth shall 559 include the value of all assets, including equitable interests, of the owner and of the spouse of the owner. 560 561 (c) Persons applying for a recovery fee exemption under this section must file, with the administrator, a 562 recovery fee exemption affidavit setting forth, in a manner prescribed by the administrator, the location and value 563 of the property to be connected to the line, the names of the persons related to the owner and occupying the 564 dwelling and their gross combined income and their net combined financial worth. 565 566 (d) Where the person claiming an exemption conforms to the standards and does not exceed the limitations 567 contained in this section, the recovery fee exemptions-shall be one hundred (100) percent of the water capital 568 recovery fee. 569 570 (e) If, within twelve (12) months after the revery fee exemption is obtained under this section, the 571 applicants financial position of the person receiving the exemption slieuId changed se such that " 572 - he or she no longer meets 573 the criteria for qualification under this section, 574 575 576 (f) Any person falsely claiming an exemption or violating any provision of this section shall be guilty of a Class 577 1 misdemeanor. 578 579 580 581 The amendments are similar to those made in Section 28-7 above, but pertain to water capital recovery fees. 582 583 584 585 586 587 588 589 590 591 592 593 594 595 within the City. 596 the exemption shall become due and payable to the city. the amount of COMMENT Where connection is made to the public water system installed in a community development target ares, no COMMENT The amendments repeal this section, as there are no longer any community development target areas 597 BE IT FURTHER ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 598 599 That this ordinance shall take effect on July 1, 2014. 600 601 Adopted by the City Council of the City of Virginia Beach, Virginia, on the day of May, 2014. APPROVED AS TO CONTENT: Budget and Management Services APPROVED AS TO LEGAL SUFFICIENCY: City 1 AN ORDINANCE TO AMEND SECTIONS 35-64 AND 35-67 OF 2 THE CITY CODE PERTAINING TO THE EXEMPTION OR 3 DEFERRAL OF REAL ESTATE TAXES FOR ELDERLY OR 4 DISABLED PERSONS 5 SECTIONS AMENDED: §§ 35-64 AND 35-67 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 7 8 That Sections 35-64 and 35-67 of the City Code are hereby amended and reordained to read as 9 follows: 10 11 Sec. 35-64. General prerequisites to grant; effect of residency in hospital, nursing home, etc. 12 (a) Either the exemption, deferral or freeze, but not more than one (1), as provided for in this division 13 shall be granted to persons subject to the following provisions: 14 15 (1) The title to the property for which exemption, deferral or freeze is claimed is held, or partially 16 held, on June thirtieth immediately preceding the taxable year, by the person or persons claiming exemption, 17 deferral or freeze and is occupied as the sole dwelling of such person or persons. 18 19 (2) The head of the household occupying the dwelling and owning title or partial title thereto or 20 either spouse in a dwelling jointly held by a husband and wife is either permanently and totally disabled or is sixty - 21 five (65) years of age or older on June thirtieth of the year immediately preceding the taxable year; provided, 22 however, that a dwelling jointly held by a husband and wife may qualify if either spouse is over sixty-five (65) years 23 of age. 24 25 (3) For the tax exemption programs, the total combined income received from all sources during 26 the preceding calendar year by: (i) the owner or owners of the dwelling who use it as their principal residence and 27 (ii) the owner's or owners' relatives who live in the dwelling, shall not exceed sixty three thousand four hundred 28 and fifty dollars four thousand six hundred and seventy five dollars {$63,450) ($64,675) provided that the first ten 29 thousand dollars ($10,000.00) of income of each relative, other than a spouse of the owner, who is living in the 30 dwelling, shall not be included in such total: and provided further that the first ten thousand dollars ($10,000.00) 31 or any portion thereof of income received by a permanently and totally disabled owner shall not be included in 32 such total. 33 34 (4) For the tax freeze program, the total combined income received from all sources during the 35 preceding calendar year by: (i) the owner or owners of the dwelling who use it as their principal residence and (ii) 36 the owner's or owners' relatives who live in the dwelling, shall not exceed sixty seven eight thousand two hundred 37 and ninety three dollars ($67,000) ($68,293); provided that the first ten thousand dollars ($10,000.00) of income of 38 each relative, other than a spouse of the owner, who is living in the dwelling, shall not be included in such total; 39 and provided that the first ten thousand dollars ($10,000.00) or any portion thereof of income received by a 40 permanently and totally disabled owner shall not be included in such total. 41 42 (5) For the tax exemption programs, the net combined financial worth, including equitable 43 interests, as of December thirty-first of the year immediately preceding the taxable year, of the owners, and of the 44 spouse of any owner, excluding the value of the dwelling and the land (not exceeding one acre) upon which it is 45 situated, shall not exceed three hundred and fifty thousand dollars ($350,000.00). 46 47 (6) For the tax freeze program, the net combined financial worth, including equitable interests, as 48 of December thirty-first of the year immediately preceding the taxable year, of the owners, and of the spouse of 49 any owner, excluding the value of the dwelling and the land (not exceeding one acre) upon which it is situated, 50 shall not exceed three hundred and fifty thousand dollars ($350,000.00). 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 (7) For the tax deferral program, the total combined income received from all sources during the preceding calendar year by: (i) the owner or owners of the dwelling who use it as their principal residence and (ii) the owner's or owners' relatives who live in the dwelling, shall not exceed sixty ccvcn eight thousand two hundred and ninety three dollars ($67,000) ($68,293); provided that the first ten thousand dollars ($10,000.00) of income of each relative, other than a spouse of the owner, who is living in the dwelling, shall not be included in such total; and provided further that the first ten thousand dollars ($10,000.00) or any portion thereof of income received by a permanently and totally disabled owner shall not be included in such total. (8) For the tax deferral program, the net combined financial worth, including equitable interests, as of December thirty-first of the year immediately preceding the taxable year, of the owners, and of the spouse of any owner, excluding the value of the dwelling and the land (not exceeding one acre) upon which it is situated, shall not exceed three hundred and fifty thousand dollars ($350,000.00). (9) The dwelling is occupied. Sec. 35-67. Amount of exemption. When a person claiming exemption under this division conforms to the standards and does not exceed the limitations contained in this division, the tax exemption shall be as shown on the following schedule: Total income, All Sources $0.00 $47,100.00 $47,100.01 $51,200.00 $51,200.01 $55,300.00 $55,300.01 $59,400.00 $59,400.01 $63,450.00 $0.00 - $48,009.00 $48,009.01- $52,188.00 $52,188.01 - $56,367.00 $56,367.01 - $60,546.00 $60,546.01 - $64,675.00 Tax Exemption 100% 80% 60% 40% 20% No lien shall accrue as a result of the amount certified as exempt. BE IT FURTHER ORDAINED: That this ordinance shall be effective on July 1, 2014. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of May, 2014. APPROVED AS TO CONTENT: Budget and Management Services APPR S TO LEGAL SUFFICIENCY: ney' Office I 1 AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO SUBMIT AN 2 ANNUAL FUNDING PLAN TO THE U.S. DEPARTMENT OF HOUSING 3 AND URBAN DEVELOPMENT 4 5 WHEREAS, the United States Congress has established legislation designated as the Housing and Community 6 Development Act of 1974 that sets forth the development of viable urban communities as a national goal; 7 8 WHEREAS, there is federal assistance available for the support of Community Development and Housing activities 9 directed toward specific objectives, such as eliminating deteriorated conditions in low and moderate income 10 neighborhoods that are detrimental to the public health, safety, and welfare, as well as improving the City's 11 housing stock and community services, along with other related activities; and 12 13 WHEREAS, as a prerequisite to receiving the above -referenced federal assistance, the City of Virginia Beach has 14 developed an Annual Funding Plan for submission to the Department of Housing and Urban Development and has 15 created the necessary mechanisms for its implementation in compliance with federal and local directives. 16 17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 18 19 That the City Manager is hereby authorized and directed, as the executive and administrative head of the City, to 20 submit the City's FY 2014-15 Annual Funding Plan (the "Plan") and amendments thereto, along with 21 understandings and assurances contained therein and such additional information as may be required, to the 22 Department of Housing and Urban Development to permit the review, approval, and funding of the Plan. 23 24 Adopted by the Council of the City of Virginia Beach, Virginia, on this day of May, 2014. APPROVED AS TO CONTENT: Budget and Management Services PROVED TO LEGAL SUFFICIENCY: City At 1 AN ORDINANCE TO ADOPT THE FY 2015/FY 2020 CAPITAL 2 IMPROVEMENT PROGRAM AND TO APPROPRIATE $280,957,593 3 FOR THE FY 2015 CAPITAL BUDGET SUBJECT TO FUNDS BEING 4 PROVIDED FROM VARIOUS SOURCES SET FORTH HEREIN 5 WHEREAS, the City Manager, on March 25, 2014, presented to City Council the Capital Improvement 6 Program for fiscal years 2015 through 2020; 7 8 WHEREAS, City Council held public hearings on the program to provide for public comment; 9 10 WHEREAS, based on public comment, City Council has determined the need for certain projects in the 11 Capital Improvement Program; and 12 13 WHEREAS, it is necessary to appropriate funds for both existing projects and projects beginning in the 14 2015 fiscal year, as set forth in said Capital Improvement Program. 15 16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 17 18 Section 1. That the Capital Improvement Program, as modified, for the construction of, or addition to, 19 capital facilities identified for fiscal years 2015 through 2020 is hereby adopted, and the projects listed therein 20 are hereby approved as capital projects. 21 22 Section 2. That the projects shall be financed from funds to be appropriated periodically by City Council, 23 and until funds are so provided, the projects are for planning purposes only and may be deleted, altered, or 24 rescheduled in any manner at any time by City Council. 25 26 Section 3. That funds in the amounts aggregating $280,957,593 for capital projects in the Capital Budget 27 for the 2015 fiscal year, as set forth in said Capital Improvement Program, are hereby appropriated, by project 28 and subject to the conditions set forth herein. The amount of funding for individual projects is set forth in 29 "Attachment A — Capital Budget Appropriations," a copy of which is attached hereto. 30 31 Section 4. That in accordance with Section 2-196 of the City Code, financing sources in support of the 32 Capital Budget for the 2015 fiscal year as set forth in said Capital Improvement Program is attached to this 33 ordinance as "Attachment B — Financing Sources." 34 35 Section 5. That capital project funds appropriated in prior fiscal years are to be adjusted in accordance 36 with said Capital Improvement Program and reallocated as identified in "Attachment C — Transfers," a copy of 37 which is attached hereto. 38 39 Section 6. That reductions in financing sources in support of the Capital Budget for the 2015 fiscal year as 40 set forth in said Capital Improvement Program are attached to this ordinance as "Attachment D — Changes in 41 Financing Sources." 42 43 Section 7. That additional appropriations, the addition of capital projects, and changes in project scope 44 shall not be initiated except with the consent and approval of the City Council first being obtained. An 45 appropriation for a project in the Capital Improvement Program shall continue in force, and, to the extent 46 required by law, re -appropriated for use in FY 2014-15 until the purpose for which it was made has been 47 accomplished or abandoned. 48 49 Section 8. That all contracts awarded for approved and appropriated capital projects, exclusive of school 50 projects, must be certified as to the availability of funds by the Director of Finance prior to the initiation of work 51 on the contract. 52 53 Section 9. That subject to any applicable restriction of law or of any bonds or bond issue, the City 54 Manager or the Director of Budget and Management Services is authorized to approve transfers of 55 appropriations in an amount up to $100,000 between capital projects as may best meet the needs of the City. 56 The City Manager shall make a monthly report to the City Council of all transfers between $25,000 and 57 $100,000. The City Manager or the Director of Budget and Management Services is hereby authorized to 58 establish and administer the budgeting of capital projects consistent with best management practices, reporting 59 requirements and the Capital Improvement Program adopted by the City Council. 60 61 Section 10. That to ensure timely completion of water and sewer projects, appropriations for water and 62 sewer companion projects may be transferred between these projects by the City Manager (or designee). 63 "Companion projects" mean water and sewer projects having the same name or project scope and description 64 with the exception of "water" or "sewer" being in the title and/or project scope and description. 65 66 Section 11. That the City Manager or the Director of Budget and Management Services is hereby 67 authorized to change, subject to any applicable restriction of law or of any bonds or bond issue, the financing 68 sources for the various capital projects included in this or previous ordinances to reflect effective utilization of 69 the financing sources and actual collections and/or realized revenues. If the financing sources in support of 70 capital projects decline, the City Manager or the Director of Budget and Management Services is authorized to 71 reduce, subject to any applicable restriction of law or of any bonds or bond issue, those appropriations to equal 72 the changed financing source. The City Manager must give prior notice to the City Council of any reductions to 73 total appropriations exceeding $100,000. The notice to City Council shall identify the basis and amount of the 74 appropriation reduction and the capital projects affected. The accounting records of the City will be maintained 75 in a manner where the total of financing sources is equal to the total appropriations for each of the City's capital 76 projects funds. 77 78 Section 12. That the Capital Improvement Program debt management policies contained and included in 79 the Resource Management Plan document shall be the policy guidelines of the City, and the City Manager shall 80 annually report on the status of those guidelines and the projected impact of the proposed Capital Improvement 81 Program on those guidelines, such information to be included in the Resource Management Plan submittal. The 82 City Manager may propose modifications to those policies and guidelines through the Resource Management 83 Plan. 84 85 Section 13. That subject to the appropriation of sufficient funds within a capital project, the acquisition of 86 real property necessary for the project is authorized by means of voluntary negotiation with willing sellers. 87 88 Section 14. That violation of this ordinance shall result in the City Manager taking disciplinary action 89 against the person or persons responsible for the capital project in which the violation occurred. 90 91 Section 15. That $28,268 is hereby appropriated to project 2-931 — Witchduck Road — Phase I, with 92 federal revenue increased accordingly. 93 94 Section 4-516. That if any portion of this ordinance is for any reason declared to be unconstitutional or 95 invalid, such decision shall not affect the validity of the remaining portions of this ordinance. 96 97 Section 1617. That this ordinance shall be in effect from the date of its adoption; however, appropriations 98 for the FY 2015 Capital Budget shall be effective on July 1, 2014. 99 100 Adopted by the City Council of the City of Virginia Beach, Virginia on this day of May, 2014. 101 102 Requires an affirmative vote of the majority of City Council. APPROVED AS TO CONTENT: Budget and Management Services APPROVE'- TO LEGAL SUFFICIENCY: City of - Offic City of Virginia Beach, Virginia Attachment A — Capital Budget Appropriations Project Appropriations Number Projects FY 2014-15 Buildings - CRO 3019000 Adam Thoroughgood House Visitor Center Construction 1,321,657 3028000 Aquarium Marsh Pavilion Enhancements 4,544,125 3103000 Heritage Building Maintenance CIP 300,000 3146000 VA Aquarium Bldg Systems & Facility Infrastructure 1,200,000 3278000 Virginia Aquarium Renewal and Replacement II 350,000 3292000 Virginia Aquarium Marine Animal Care Center 409,434 3519000 Chesapeake Bay Aquarium Renovation 1,500,000 Buildings - FYO 3510000 Intermediate Care Facilities Renewal/Replacement 3060000 TCC Site Improvements II Buildings - QELL Buildings - QPE Total Buildings - CRO Projects Total Buildings - FYO Projects Total Buildings - QELL Projects 9,625,216 131,706 131,706 800,000 800,000 3049000 New Voting System 1,370,900 3136000 Various Buildings HVAC Rehabilitation & Renewal III 2,121,610 3137000 Various Buildings Rehabilitation and Renewal III 2,090,478 3139000 Various Site Acquisitions II 274,382 3518000 Convention Center Capital Maintenance 343,563 Total Buildings - QPE Projects 6,200,933 Buildings - SC 3056000 Public Safety Equipment Replacement Project 727,500 3057000 Self -Contained Breathing Apparatus Replacement 935,508 3134000 Fire Apparatus III 1,163,440 3344000 Police Fourth Precinct - Replacement 442,381 3506000 Fire Facility Rehabilitation and Renewal III 300,000 Total Buildings - SC Projects 3,568,829 City of Virginia Beach, Virginia Attachment A — Capital Budget Appropriations Project Appropriations Number Projects FY 2014-15 Coastal 8010000 Sandbridge Beach Restoration II 5,000,000 8011000 Various Minor Dredging Projects II 275,000 8013000 Lynnhaven Inlet Maintenance Dredging II 275,000 8110000 Eastern Branch Lynnhaven River Dredging 3,811,875 8405000 Sandbridge Beach Access Improvements II 300,000 8406000 Rudee Inlet Federal Dredging II 350,000 8407000 Rudee Inlet Outer Channel Maintenance Dredging II 600,000 8408000 Pleasure House Point Mitigation 100,000 8500000 Old Donation Creek Area Dredging 6,201 8501000 Bayville Creek Neighborhood Dredging 55,757 8502000 Shadowlawn Area Dredging 50,296 8503000 Chesopeian Colony Neighborhood Dredging 211,391 8504000 Harbour Point Neighborhood Dredging 89,527 Total Coastal Projects 11,125,047 Communications and IT - QO 3052000 CIT- IT Service Continuity 650,000 3119000 CIT - Cable Access Infrastructure Replacement I 322,000 3638000 CIT - Application Portfolio Sustainment 350,000 3648000 CIT - Bi -Weekly Payroll Implementation 728,410 3652000 CIT - Telecommunications Replacement II 1,500,000 3657000 CIT - Disaster Recovery IV- Electrical Backup/Bldg Access 810,000 3664000 CIT - Metropolitan Area Network 2,606,006 Total Communications and IT - QO Projects 6,966,416 Communications and IT - SC 3142000 CIT -Communications Infrastructure Replacement II 9,594,373 3606000 CIT -Fire Station Alerting 2,068,366 3610000 CIT - Police Oceanfront Cameras 2,665,400 3614000 CIT - Fire Radio Replace/In-Mask Comm 884,462 Total Communications and IT - SC Projects 15,212,601 City of Virginia Beach, Virginia Attachment A — Capital Budget Appropriations Project Appropriations Number Projects FY 2014-15 Economic and Tourism Dev - EV 9006000 Winston-Salem Avenue Improvements 2,153,764 9008000 Historic Kempsville 2,500,000 9009000 25th Street Public Parking Garage 7,650,000 9011000 Transit Corridor Development 1,000,000 9014000 Atlantic Avenue Trolley Purchase 1,300,000 9060000 Oceana & Interfacility Traffic Area Conformity & Acquisition 9,836,181 9081000 Strategic Growth Area Projects 200,000 9082000 Oceanfront Parking Facilities Capital Maintenance 300,000 9083000 Town Center Garage and Plaza Capital Maintenance 341,199 9096000 Oceanfront Capital Projects Reinvestment 600,000 9141000 Economic Development Investment Program (On -Going) 2,990,437 9500000 Virginia Beach Amphitheater Capital Maintenance 200,000 Total Economic and Tourism Dev - EV Projects 29,071,581 Parks and Recreation 4064000 City Bikeways & Trails Plan Implementation II 475,000 4079000 Thalia Creek Greenway I 125,000 4080000 Sportsplex/Field Hockey National Trng Ctr Rep/Reno I 311,999 4300000 Community Recreation Centers Repairs & Renovations III 1,125,813 4301000 Parks & Special Use Facilities Development & Reno. III 1,226,727 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 275,000 4308000 Open Space Program Site Acquisition III 507,601 4500000 Park Playground Renovations III 484,879 4503000 Parks & Recreation Administration Offices Relocation 1,413,574 4506000 Parks Infrastructure Renewal and Replacement 1,000,000 4509000 Replacement of Kempsville Recreation Center 15,365,157 4517000 Stumpy Lake Golf Course Contractual Obligations I 27,000 4519000 Bikeways & Trails Repairs & Renovations I 280,000 Total Parks and Recreation Projects 24,587,750 City of Virginia Beach, Virginia Attachment A — Capital Budget Appropriations Project Appropriations Number Projects FY 2014-15 Roadways 2022000 Major Bridge Rehabilitation II 660,000 2024000 Rural Road Improvements II 200,000 2025000 Witchduck Road - Phase II 6,453,484 2026000 Street Reconstruction II 2,150,000 2027000 Various Cost Participation Projects II 50,000 2028000 Wetlands Mitigation Banking II 100,000 2032000 Lynnhaven Pkwy/International Pkwy Intersection Improve. 573,745 2033000 Princess Anne Road Phase VII -A 250,000 2038000 Rosemont Road - Phase V 500,000 2042000 Indian River Rd/Providence Rd Intersection Improv. 1,402,200 2045000 Pacific Avenue Improvements - Phase I 12,330,000 2048000 Princess Anne Rd./Kempsville Rd. Inter. Impr. 9,920,264 2050000 Landstown Road Improvements 3,000,000 2078000 Sandbridge Road-Nimmo VII -A 600,000 2117000 Shore Drive Corridor Improvements - Phase III 878,862 2121000 Nimmo Parkway - Phase V-A (VDOT) 694,000 2152000 Elbow Road Extended - Phase II 1,287,795 2156000 Laskin Road - Phase I (VDOT) 904,500 2160000 Citywide Street Lighting Improvements II 60,000 2165000 Laskin Road - Phase II 200,000 2167000 Lynnhaven Parkway - Phase XI (VDOT) 691,785 2168000 Lesner Bridge Replacement 10,453,200 2176000 Transportation Network Modeling 1,287,000 2195000 Princess Anne Road- Phase VII 14,158,827 2256000 Indian River Rd - Phase VII 4,734,096 2300000 Traffic Safety Improvements III 3,108,811 2410000 Traffic Signal Rehabilitation II 150,000 2414000 Shipps Corner Road Improvements 421,600 2416000 Sandbridge Road Bridge Replacement 300,000 2418000 Indian River Rd/Kempsville Rd Intersection Improvements 3,066,763 Total Roadways Projects 80,586,932 City of Virginia Beach, Virginia Attachment A — Capital Budget Appropriations Project Appropriations Number Projects FY 2014-15 Schools 1003000 Renovation and Replacement - Energy Management - II 750,000 1004000 Tennis Court Renovations - II 200,000 1035000 John B. Dey Elementary School Modernization 1,550,000 1099000 Renovations and Replacements - Grounds - II 800,000 1103000 Renovations and Replacements - HVAC Systems - II 3,716,000 1104000 Renovations and Replacements - Reroofing - II 3,400,000 1105000 Renovations and Replacements - Various - II 1,250,000 1233000 Consolidated Old Donation Ctr/Kemps Landing Magnet 22,900,000 Total Schools Projects 34,566,000 Sewer Utilitv 6019000 Resort Area Neighborhood Revitalization 2,500,000 6037000 Pacific Avenue Sewer Improvements 1,200,000 6041000 Pump Station Modifications V 9,000,000 6061000 Utilities Emergency Response Program II 50,000 6070000 Infiltration, Inflow and Rehabilitation V 1,320,000 6075000 Laskin Road Sewer Improvements - Phase I (VDOT) 1,750,000 6091000 Sewer Requests & Agreements VI (51% Program) 50,000 6092000 Vacuum Valve Monitoring System 220,000 6093000 Consent Order Rehabilitation Plan Implementation 1 1,775,000 6116000 Prosperity Road Sewer Improvements - 51% Program 250,000 6201000 Green Hill Farms Sewer Improvements - 51% Program 2,200,000 6501000 Auxiliary Power Program -Sewer Pump Stations - Phase III 4,060,000 6550000 Comprehensive Sewer Master Planning V 250,000 6551000 System Expansion Cost Participation Agreements III 600,000 6552000 Sanitary Sewer System Revitalization Program II 2,440,000 6555000 Utility Crossings Condition Assessment Program II 300,000 6556000 Various Roadway/Storm Water Coordination VI 320,000 6559000 Sanitary Sewer Asset Management Program III 400,000 6604000 Witchduck Rd - Phase II Sewer Improvements 365,000 6804000 Sanitary Sewer Regulatory Compliance Program I 1,175,000 6953000 Sewer Tap Installation Program II 605,000 6973000 Sanitary Sewer Capacity Program I 200,000 Total Sewer Utility Projects 31,030,000 City of Virginia Beach, Virginia Attachment A — Capital Budget Appropriations Project Appropriations Number Projects FY 2014-15 Storm Water 7023000 Primary System Infrastructure Improvements II 770,000 7026000 Residential Drainage Cost Participation Program II 50,000 7027000 SWM Master Planning, Analysis, and Inventory 150,000 7028000 Windsor Woods Drainage 500,000 7030000 Citywide Sea Level Rise/Recurrent Flooding Analysis 3,000,000 7153000 Lynnhaven Watershed Restoration 304,500 7159000 Water Quality Participation Projects 100,000 7400000 Aragona Drainage Improvements 225,000 7402000 College Park/Level Green Drainage Improvements 225,000 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 494,602 7413000 Neighborhood SW Infrastructure Improvements II 50,000 7414000 Storm Water Quality Enhancements II 2,490,328 7415000 Lake Management II 4,353,280 7416000 SW Infrastructure Rehabilitation & Improvements II 5,224,872 Total Storm Water Projects 18,514,582 Water Utility 5010000 Raw Water Transmission System Rehabilitation I 50,000 5028000 Witchduck Rd - Phase II Water Improvements 1,635,000 5031000 System Expansion Cost Participation Agreements III 100,000 5037000 Pacific Avenue Water Improvements 600,000 5046000 Utilities Emergency Response Program II 50,000 5116000 Prosperity Road Water Improvements - 51% Program 250,000 5207000 Laskin Road Water Improvements - Phase I (VDOT) 600,000 5251000 Various Roadway/Storm Water Coordination VI 300,000 5254000 Water Requests & Agreements VI (51 % Program) 50,000 5260000 Utility Crossings Condition Assessment II 300,000 5452000 Comprehensive Water Master Planning VI 300,000 5501000 Water Transmission System Upgrade Pgm I 2,010,000 5708000 Resort Area Neighborhood Revitalization 300,000 5804000 Water Line Extension, Replacement & Rehab Pgm I 1,420,000 5805000 Water Utility Asset Management Program I 400,000 5953000 Water Tap Installation Program II 605,000 Total Water Utility Projects 8,970,000 Total Capital Budget 280,957,593 City of Virginia Beach, Virginia Attachment B — Financing Sources Financing Sources Developer Contribution Development Proffers Federal Contribution Franchise Fees Fund Balance - General Fund Fund Balance - Other General Appropriations General Obligation Bonds Interest Income Lease of Property Lease -Purchase Medicaid Cost Settlement Parking Enterprise Fund Private Contribution Public Facility Bonds Retained Earnings - Telecommunications Retained Earnings - Water and Sewer Fund Sale of Property State Contribution Storm Water Utility Bonds Storm Water Utility Fund Water and Sewer Bonds Water and Sewer Fund Capital Budget FY 2014-15 125,000 207,601 11,660,792 322,000 21,678,524 9,070,672 30,261,059 66,441,114 405,332 98,172 4,941,066 131,706 300,000 2,798,500 33,893,479 1,500,000 4,750,000 10,219,668 28,638,326 9,000,000 9,514,582 27,000,000 8,000,000 Total Capital Budget 280,957,593 Project # Attachment C - Transfers Appropriations Prior to FY 2014-15 Cultural and Recreational Opportunities Parks and Recreation Projects Transfer To: 4509000 Replacement of Kempsville Community Recreation Center $ 7,982,198 4064000 City Bikeways & Trails Implementation Plan II 209,589 Total Transfer To: $ 8,191,787 Transfer From: 4300000 Community Recreation Centers Repair and Renovations III $ 7,982,198 4075000 Pedestrian System Improvements I 209,589 Total Transfer From: $ 8,191,787 Quality Education and Lifelong Learning Schools Transfer To: 1035000 John B. Dey Elementary School Modernization $ 450,000 Total Transfer To: $ 450,000 Transfer From: 1234000 Virginia Beach Middle School Replacement $ 450,000 Total Transfer From: $ 450,000 Quality Physical Environment Building Projects Transfer To: 3059000 Housing Opportunity Loans and Grants $ 425,000 Total Transfer To: $ 425,000 Transfer From: 3503000 Housing Resource Center $ 425,000 Total Transfer From: $ 425,000 Roadways Transfer To: 2021000 Rural Road Improvements 2032000 Lynnhaven Parkway/International Parkway Intersection Improvements 2039000 Computerized Traffic Signal System Upgrade/Replacement 2047000 Upton Drive Extended/Dam Neck Station Improvements Princess Anne Road/Kempsville Road Intersection Improvements (Federal 2048000 Funding ) 2050000 Landstown Road Improvements 2165000 Laskin Road - Phase II 2168000 Lesner Bridge Replacement 2177000 Proactive Safety Improvement Program 2285000 Traffic Safety Improvements (Federal Funding) 2285000 Traffic Safety Improvements 2300000 Traffic Safety Improvements III 600,000 500,000 617,510 350,000 1,179,945 757,000 625,138 1,000,000 275,000 78,245 15,820 538,912 Attachment C - Transfers Project # 2409000 Centerville Turnpike - Phase II 2931000 Witchduck Road - Phase I (Federal Funding) 2931000 Witchduck Road - Phase I Appropriations Prior to FY 2014-15 5,326,327 119,080 141,721 Total Transfer To: $ 12,124,698 Transfer From: 2018000 Major Intersection Improvements (Lynnhaven TIF Fund Balance) $ 500,000 2033000 Princess Anne Road - Phase VII -A 200,000 2034000 S. Independence Boulevard/Silverleaf Drive Intersection Improvements 350,000 2041000 Dam Neck Road Improvements 557,000 2048000 Princess Anne Road/Kempsville Road Intersection Improvements 8,016,965 2137000 Great Neck Ramps 85,000 2165000 Laskin Road - Phase II (Federal Funding) 964,000 2256000 Indian River Road - Phase VII (Federal Funding) 335,025 2285000 Traffic Safety Improvements (State Funding) 78,245 2418000 Indian River Road/Kempsville Road Intersection Improvements 538,912 2502000 West Neck Road 499,551 Total Transfer From: $ 12,124,698 Storm Water Transfer To: 7412000 Storm Water Pump Station Modifications $ 21,787 7413000 Neighborhood Storm Water Infrastructure Improvements II 314,039 Total Transfer To: $ 335,826 Transfer From: 7010000 Elizabeth River Shores Drainage $ 314,039 7091000 Residential Cost Participation 21,787 Total Transfer From: $ 335,826 Water and Sewer Utility Projects Transfer To: 6552000 Sanitary Sewer System Revitalization Program II $ 1,225,736 Total Transfer To: $ 1,225,736 Transfer From: 5252000 Water Quality Program IV $ 100,000 5255000 Automated Mobile Water Meter Reading System II 225,736 6090000 Clean Water Act Compliance Studies I 100,000 6567000 Sewer Pump Station Backflow Prevention Modification 350,000 6611000 Pump Station Wet Well Revitalization II 450,000 Total Transfer From: $ 1,225,736 1 Project # Attachment C - Transfers Appropriations Prior to FY 2014-15 Safe Community Building Projects Transfer To: 3057000 Self -Contained Breathing Apparatus Replacement $ 2,880,292 Total Transfer To: $ 2,880,292 Transfer From: 3133000 Fire Training Center Improvements III Various Business Areas Transfer To: 3019000 Adam Thoroughgood House Visitor Center Construction 3664000 CIT -Metropolitan Area Network 9018000 Convention Center Replacement $ 2,880,292 Total Transfer From: $ 2,880,292 Transfer From: 2041000 Dam Neck Road - Phase 2048000 Princess Anne Rd./Kempsville Road Intersection Improvements 9504000 Parliament -Greenwich Connector 9505000 Cleveland Street - Phase I $ 678,343 1,541,478 2,404,901 Total Transfer To: $ 4,624,722 $ 141,478 3,083,244 400,000 1,000,000 Total Transfer From: $ 4,624,722 I Project # Attachment D - Reductions in Non -City Funding Amount of Reduction in Appropriations Prior to Funding FY 2014-15 Source Economic and Tourism Development 9018000 Convention Center Replacement 9095000 Arctic Ave Parking Facility Buildings 3503000 Housing Resource Center Economic Vitality $ 3,525,000 Sale of Property 9,749,750 Proceeds from Public Facility Revenue Bonds Total Reduction: $ 13,274,750 Quality Physical Environment $ 400,000 Federal Revenue Total Reduction: $ 400,000 Roadways 2018000 Major Intersection Improvements $ 19,762 State 2030000 First Colonial Rd/Laskin Rd Intersection Improvements 200,000 State 2030000 First Colonial Rd/Laskin Rd Intersection Improvements 800,000 Federal 2039000 Computerized Traffic Signal System 617,510 State Upgrade/Replacement 2168000 Lesner Bridge Replacement 1,000,000 State 2285000 Traffic Safety Improvements 361,998 State 2502000 West Neck Road Interim Safety Improvements 94,614 State 2931000 Witchduck Road - Phase I 1,755,739 State Total Reduction: $ 4,829,861 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 $66,400,000 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 $66,400,000, as permitted by the City 8 Charter, without submitting the question of their issuance to the qualified voters. 9 10 WHEREAS, City Council held public hearings on the program to provide for public comment; 11 12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 13 14 1. That it is hereby determined to be necessary and expedient for the City to construct and improve various 15 public facilities and make general improvements, all of which will promote the public welfare of the City and its inhabitants 16 and will facilitate the orderly growth, development, and general welfare of the City, and to finance the costs thereof through 17 the borrowing of up to $66,400,000 and issuing the City's general obligation bonds therefor. 18 19 2. That, pursuant to the City Charter and the Public Finance Act of 1991, there are hereby authorized to be 20 issued general obligation public improvement bonds of the City in the maximum amount of $66,400,000, 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 _ day of May, 2014. 47 48 Adoption requires the affirmative vote of two-thirds of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Attorney's Budget and Management Services y y s Of ice 1 AN ORDINANCE AUTHORIZING THE ISSUANCE OF STORM WATER UTILITY 2 SYSTEM REVENUE BONDS OF THE CITY OF VIRGINIA BEACH, VIRGINIA, IN 3 THE MAXIMUM AMOUNT OF $9,000,000 4 WHEREAS, the City of Virginia Beach, Virginia (the "City"), desires to authorize the issuance of storm water utility 5 system revenue bonds in the maximum amount of $9,000,000 for financing improvements and expansions to the City's storm water 6 utility system (the "System"), as permitted by the City Charter without submitting the question of their issuance to the qualified voters. 7 8 WHEREAS, City Council held public hearings on the program to provide for public comment; 9 10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 11 12 1. That it is hereby determined to be necessary and expedient for the City to continue its program of improving and 13 extending the System, which will promote the public welfare of the City and its inhabitants and will facilitate the orderly growth, 14 development, and general welfare of the City, and to finance the costs thereof through the borrowing of $9,000,000 and issuing the 15 City's revenue bonds therefore. 16 17 2. That, pursuant to the City Charter and the Public Finance Act of 1991, there are hereby authorized to be issued 18 storm water utility system revenue bonds of the City in the maximum amount of $9,000,000 to provide funds, together with other 19 available funds, for financing the costs of improvements and expansions to the System. 20 21 3. That the bonds shall bear such date or dates, mature at such time or times not exceeding 40 years from their 22 dates, bear interest, be in such denominations and form, be executed in such manner and be sold at such time or times and in such 23 manner as the Council may hereafter provide by appropriate resolution or resolutions. 24 25 4. That the System is an undertaking from which the City may derive a revenue. The bonds shall be limited 26 obligations of the City, payable as to principal, premium, if any, and interest solely from the revenues derived by the City from the 27 System, and shall not be included within the otherwise authorized indebtedness of the City. The bonds shall not be deemed to create 28 or constitute an indebtedness of, or a pledge of the faith and credit of, the Commonwealth of Virginia or of any county, city, town, or 29 other political subdivision of the Commonwealth, including the City. The issuance of the bonds and the undertaking of the covenants, 30 conditions, and agreements to be contained in resolutions to be adopted or agreements to be entered into hereafter shall not directly, 31 indirectly, or contingently obligate the Commonwealth, the City, or any other political subdivision of the Commonwealth to levy and 32 collect any taxes whatsoever or make any appropriation therefore except from the revenues pledged to the payment of the principal of 33 and premium, if any, and interest on the bonds. 34 35 5. That such resolutions to be adopted and agreements to be entered into hereafter authorizing the issuance of the 36 bonds and providing the details thereof shall contain appropriate covenants requiring the City to fix, charge, and collect such rates, 37 fees, and other charges for the use of and the services furnished by the System and to revise the same from time to time and as often 38 as shall be necessary so as to produce sufficient net revenues to pay principal of and premium, if any, and interest on the bonds as the 39 same become due and to provide a margin of safety therefor. Such resolutions and agreements shall also include such additional 40 covenants, agreements, and other terms as are customary for the protection of the holders of storm water revenue obligations. 41 42 6. That the City Clerk is directed to make a copy of this ordinance continuously available for inspection by the 43 general public during normal business hours at the City Clerk's office from the date of adoption hereof through the date of the issuance 44 of the bonds. 45 46 7. That the City Clerk, in collaboration with the City Attorney, is authorized and directed to immediately file a 47 certified copy of this ordinance with the Clerk of the Circuit Court of the City of Virginia Beach. 48 49 8. That this ordinance shall be in full force and effect from its passage. 50 51 Adopted by the Council of the City of Virginia Beach, Virginia on this _ day of May, 2014. 52 Adoption requires the affirmative vote of a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: (2, ,A.C2J-9) Budget and Management Services 1 AN ORDINANCE AUTHORIZING THE ISSUANCE OF WATER AND SEWER SYSTEM 2 REVENUE BONDS OF THE CITY OF VIRGINIA BEACH, VIRGINIA, IN THE MAXIMUM 3 AMOUNT OF $27,000,000 4 WHEREAS, the City of Virginia Beach, Virginia (the "City"), desires to authorize the issuance of water and sewer system 5 revenue bonds in the maximum amount of $27,000,000 for financing improvements and expansions to the City's water and sewer 6 system (the "System"), as permitted by the City Charter without submitting the question of their issuance to the qualified voters. 7 8 WHEREAS, City Council held public hearings on the program to provide for public comment; 9 10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 11 12 1. That it is hereby determined to be necessary and expedient for the City to continue its program of improving and 13 extending the System, which will promote the public welfare of the City and its inhabitants and will facilitate the orderly growth, 14 development, and general welfare of the City, and to finance the costs thereof through the borrowing of $27,000,000 and issuing 15 the City's revenue bonds therefore. 16 17 2. That pursuant to the City Charter and the Public Finance Act of 1991, there are hereby authorized to be issued water 18 and sewer system revenue bonds of the City in the maximum amount of $27,000,000 to provide funds, together with other 19 available funds, for financing the costs of improvements and expansions to the System. 20 21 3. That the bonds shall bear such date or dates, mature at such time or times not exceeding 40 years from their dates, 22 bear interest, be in such denominations and form, be executed in such manner and be sold at such time or times and in such 23 manner as the Council may hereafter provide by appropriate resolution or resolutions. 24 25 4. That the System is an undertaking from which the City may derive a revenue. The bonds shall be limited obligations 26 of the City, payable as to principal, premium, if any, and interest solely from the revenues derived by the City from the System, 27 and shall not be included within the otherwise authorized indebtedness of the City. The bonds shall not be deemed to create or 28 constitute an indebtedness of, or a pledge of the faith and credit of, the Commonwealth of Virginia or of any country, city, town, 29 or other political subdivision of the Commonwealth, including the City. The issuance of the bonds and the undertaking of the 30 covenants, conditions, and agreements to be contained in resolutions to be adopted or agreements to be entered into hereafter 31 shall not directly, indirectly, or contingently obligate the Commonwealth, the City, or any other political subdivision of the 32 Commonwealth to levy and collect any taxes whatsoever or make any appropriation therefore, except from the revenues pledged 33 to the payment of the principal of and premium, if any, and interest on the bonds. 34 35 5. That such resolutions to be adopted and agreements to be entered into hereafter authorizing the issuance of the 36 bonds and providing the details thereof shall contain appropriate covenants requiring the City to fix, charge, and collect such 37 rates, fees, and other charges for the use of and the services furnished by the System and to revise the same from time to time 38 and as often as shall be necessary so as to produce sufficient net revenues to pay principal of and premium, if any, and interest on 39 the bonds as the same become due and to provide a margin of safety therefor. Such resolutions and agreements shall also 40 include such additional covenants, agreements, and other terms as are customary for the protection of the holders of water and 41 sewer revenue obligations. 42 43 6. That the City Clerk is directed to make a copy of this ordinance continuously available for inspection by the general 44 public during normal business hours at the City Clerk's office from the date of adoption hereof through the date of the issuance of 45 the bonds. 46 47 7. That the City Clerk, in collaboration with the City Attorney, is authorized and directed to immediately file a certified 48 copy of this ordinance with the Circuit Court of the City of Virginia Beach. 49 50 8. That this ordinance shall be in full force and effect from its passage. 51 52 Adopted by the Council of the City of Virginia Beach, Virginia on this day of May, 2014. 53 54 Adoption requires the affirmative vote of a majority of all members of the City Council. 55 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services CITY OF VIRGINIA BEACH AGENDA ITEM 1 ITEM: An Ordinance to Decline the V -STOP Grant and Replace Federal Grant Funds with City Funds to Retain a Detective Position in the Police Department MEETING DATE: May 13, 2014 • Background: For eighteen years, the Police Department has received an annual federal grant passed through the Virginia Department of Criminal Justice Services (DCJA) under the Virginia Services, Training, Officers, Prosecution (V -STOP) Violence Against Women program. This grant has underwritten part of the salary, F.I.C.A., and F.I.C.A.-Medicare costs for one detective, who has been involved in activities that increased the apprehension, prosecution, and adjudication of persons committing violent crimes against women. Over this time period, the detective has performed the following duties: • investigated domestic violence and stalking cases, and monitored patrol officer investigations of misdemeanor domestic assault cases; • designed and conducted various training on domestic violence for newly hired and existing patrol officers, support service representatives, military groups, and citizens; • monitored domestic violence victims utilization of victim services to ensure timely delivery of services; and • monitored prosecution of domestic violence cases including arrest and conviction rates. In January, 2014, the Police Department received the award letter for the 2014 calendar year grant, which included a new condition requiring the detective to be dedicated to working only cases, which are allowable V -STOP grant activities, specifically domestic violence cases and sexual assault cases involving adults or youth 12 years of age or older, and stalking cases involving adults or youth 12 years of age and older. The detective would not be permitted to work cases, which are considered unallowable V - STOP activities, such as abuse and neglect cases involving elders or children. The number of latent investigations by detectives has been reduced dramatically due to the way the Police Department processes V -STOP allowable cases, emphasizing arrest by patrol officers at the scene of domestic violence cases and sexual assault cases. The new restrictions of the grant would result in under -utilization of a detective, who would be dedicated to a very low number of domestic violence cases requiring a latent investigation annually, with restrictions on assuming other cases to investigate. Currently, the Police Department's domestic violence detectives work a large volume of cases referred by the Department of Human Services (Child and Adult Protective Services.) The new restriction imposed by DCJS would impact the department's responsiveness to a growing number of child and adult protective services cases and would not enhance our current effectiveness in addressing domestic violence cases. Because of the inconsistency of the restriction and the efficient deployment of Police resources, the Police Department recommends the City not accept this grant. • Considerations: Since this has been a recurring grant, the City has included it in the annual Operating Budget of the Police Department. The amount of estimated federal revenue included in the Police Department's FY 2013-14 and FY 2014-15 Operating Budgets is $39,521 each year with a local match of $19,340 for FY 2013-14 and $20,533 for FY 2014-15 for a total of $58,861 budgeted in FY 2013-14 and $60,054 budgeted in FY 2014-15. The City's match covers part of the salary and 100% of the costs for retirement, health insurance, life insurance, and risk management not included in the grant. The Police Department's intent is to absorb the costs that will no longer be funded by federal funds. • Public Information: Public information will be provided through the normal Council Agenda process. • Recommendations: It is recommended that Council decline the V -STOP grant for FY 2013-14 and FY 2014-15, waive its policy on "Not Supplanting State, Federal, and Private Funds with Local Funds", and direct the City Manager to replace the federal funding with City funding in order to retain and optimize the use of the detective position. • Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: Police Department City Manager: s 1= . 11'41 1 AN ORDINANCE TO DECLINE THE V -STOP GRANT AND 2 REPLACE FEDERAL GRANT FUNDS WITH CITY FUNDS TO 3 RETAIN A DETECTIVE POSITION IN THE POLICE 4 DEPARTMENT 5 6 WHEREAS, for the past eighteen years the Virginia Department of Criminal Justice 7 Services (DCJS) has awarded the City a federal grant under the Virginia Services, 8 Training, Officers, Prosecution (V -STOP) Violence Against Women program to pay part of 9 the salary of a detective to conduct investigations and other activities that increased the 10 apprehension, prosecution, and adjudication of persons committing violent crimes against 11 women; 12 13 WHEREAS, DCJS has added a requirement to the FY 2013-14 grant that the 14 detective shall only conduct V -STOP eligible activities related to investigations of domestic 15 violence cases and sexual assault cases involving adults or youth 12 years of age or older, 16 and stalking cases involving adults or youth 12 years of age and older; and 17 18 WHEREAS, the number of latent investigations conducted by the detective that are 19 eligible for the V -STOP grant has been reduced dramatically because patrol officers are 20 making arrests at the scene of domestic violence cases and sexual assault cases, which 21 enables the Police Department to assign the detective a growing number of cases involving 22 adult and child protective cases ineligible under the V -STOP grant. 23 24 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 25 VIRGINIA BEACH, VIRGINIA, THAT: 26 27 1. The City hereby declines acceptance of the FY 2013-14 and FY 2014-15 V- 28 STOP grants; 29 30 2. The Office of Budget and Management Services shall adjust estimated 31 federal revenue accordingly, with $39,521 reduced in FY 2013-14 and FY 32 2014-15; 33 34 3. That the grant -supported detective position shall be retained in the Police 35 Department as a City -funded position and deployed to best meet the needs 36 of the Police Department and the City; 37 38 4. That the City Council Policy on "Not Supplanting State, Federal, and Private 39 Funds with Local Funds" shall be waived for purposes of this ordinance and 40 the referenced grants; and 41 42 5. That the City Manager shall be directed to utilize the City's proposed local 43 grant match and other City funds within the FY2013-14 Operating Budget of 44 the Police Department, totaling $58,861 and FY 2014-15 Operating Budget 45 of the Police Department, totaling $60,054, to pay for the costs associated 46 with the detective position. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2014 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services City CA12990 R-1 April 14, 2014 04 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds for the Virginia Task Force Two Urban Search and Rescue Team — Washington Mudslide MEETING DATE: May 13, 2014 • Background: The City of Virginia Beach is the sponsoring agency for Virginia Task Force 2, Federal Emergency Management Agency (FEMA) Urban Search and Rescue Team (the "Team"). On April 3, 2014, the Team received orders for an Incident Support Team Urban Search and Rescue Specialist as a Technical Search Subject Matter Expert to be deployed to Darrington, WA. The member received a demobilization order on April 16, 2014. • Considerations: Upon alert and activation, FEMA provides funding to reimburse sponsoring agencies for equipment, supplies and personnel costs incurred to support this event. As the sponsoring agency, the City of Virginia Beach Fire Department is responsible for administrative and fiscal management of the team and its assets. Consistent with previous deployments, the Department of Homeland Security (DHS), FEMA authorized the reimbursement of all eligible expenses related to activation, mobilization, deployment, and demobilization of Virginia Task Force 2. The total of amount authorized by FEMA for this deployment is $39,600. • Public Information: Public information will be coordinated through the normal agenda process. • Recommendation: Adopt the attached budget amendment. • Attachment: Ordinance Recommended Action: Submitting Department/Agency: Fire Department City Manager: tl- . 1 AN ORDINANCE TO ACCEPT AND 2 APPROPRIATE FUNDS FOR THE VIRGINIA 3 TASK FORCE TWO URBAN SEARCH AND 4 RESCUE TEAM — WASHINGTON MUDSLIDE 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 That $39,600 in funding from the US Department of Homeland Security is hereby 10 accepted and appropriated, with estimated federal revenues increased accordingly, to 11 the FY 2013-14 Operating Budget of the Fire Department for the deployment of a 12 member of the Virginia Task Force Two Urban Search and Rescue Team to Darrington, 13 Washington in response to the recent mudslide. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2014. Requires an affirmative vote by a majority of the members of City Council. APPROVED AS TO CONTENT: .>•0 Budget and Management Services Cit ' • ey's Office APPROVED AS TO LEGAL SUFFICIENCY: CA13002 R-1 April 23, 2014 I CITY OF VIRGINIA BEACH AGENDA ITEM 1 ITEM: An Ordinance to Accept and Appropriate State Revenues to the Clerk of the Circuit Court's FY 2013-14 Technology Trust Fund MEETING DATE: May 13, 2014 • Background: The Clerk of the Circuit Court receives funding for technology costs by assessing technology fees. The fees are provided by State law. For FY 2013- 14, the Clerk of the Circuit Court's Office has been approved for $210,331 in funding from the Technology Trust Fund. This funding will support annual software maintenance for the AiLIS (Land Records system) and AiCMS (Case Management system), and the funding will also provide needed computer equipment, installation services, and software orders. • Considerations: This appropriation will not require any additional funding from the City. • Public Information: Public information will be provided through the normal Council Agenda process. • Recommendation: Adopt the attached budget amendment. • Attachment: Ordinance Submitting Department/Agency: Clerk of the Circuit Court City Manager: III 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE STATE 2 REVENUES TO THE CLERK OF THE CIRCUIT COURT'S FY 3 2013-14 TECHNOLOGY TRUST FUND 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA: 6 That $210,331 is hereby accepted from the State Compensation Board and 7 appropriated, with estimated state revenues increased accordingly, to the Clerk of the 8 Circuit Court's FY 2013-14 Technology Trust Fund for technology related costs. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2014. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: Budget and Management Service CA12992 R-1 April 15, 2014 APPROVED AS TO LEGAL SUFFICIENCY: ( se b ?J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize acquisition of 13.1 acres of property located on London Bridge Road (GPIN 2405-51-8502) from Taylor Group, LP MEETING DATE: May 13, 2014 • Background: The Taylor Group, LP ("Taylor") owns approximately 13.1 acres of undeveloped property located on London Bridge Road (the "Property"). On October 1, 2003, the City entered into a Reservation Agreement with Taylor to reserve for ten (10) years land potentially needed for the future Southeastern Parkway Project. The Reservation Agreement expired on October 1, 2013. Taylor has the ability to develop the Property into seventeen (17) residential lots and has been approached by developers to purchase the Property. Taylor contacted the City to determine if there was any interest in acquiring this Property, prior to their selling to a developer. The Property is in the Southeastern Parkway alignment, which is currently an unfunded project. City Council directed staff to attempt to purchase the Property. • Considerations: City staff and Taylor have reached an agreement, subject to Council approval, on the purchase price and the terms of the acquisition. The purchase price is $935,000 and is recommended to be funded from CIPs 3-368 and 3-139 (Various Site Acquisitions and Various Site Acquisitions II). • Public Information: Advertisement of City Council Agenda • Alternatives: Approve the request as presented. • Recommendations: Approve the request subject to the terms and conditions of the Summary of Terms. • Attachments: Ordinance, Summary of Terms and location map. Recommended Action: Approval of the ordinance. CBG Submitting Department/Agency: Public Works it'J City Manager. 1 AN ORDINANCE TO AUTHORIZE 2 ACQUISITION OF 13.1 ACRES OF PROPERTY 3 LOCATED ON LONDON BRIDGE ROAD (GPIN 4 2405-51-8502) FROM TAYLOR GROUP, LP 5 6 WHEREAS, The Taylor Group, LP ("Taylor") owns 570,631 square feet (13.1+/- 7 acres) of property located on London Bridge Road in the City of Virginia Beach, Virginia 8 (the "Property"), as further described on Exhibit A, attached hereto and incorporated 9 herein; 10 11 WHEREAS, Taylor desires to convey the Property to the City of Virginia Beach (the 12 "City") for $935,000; 13 14 WHEREAS, funding for the acquisition is available in the Various Site 15 Acquisitions, CIP 3-368 and Various Site Acquisitions II, CIP 3-139; and 16 17 WHEREAS, Taylor has agreed to convey the Property to the City in accordance with 18 the Summary of Terms attached hereto as Exhibit B, and incorporated herein. 19 20 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 21 VIRGINIA: 22 23 1. That the City Council authorizes the acquisition of the Property by purchase 24 pursuant to § 15.2-1800 of the Code of Virginia (1950), as amended, which Property is 25 generally identified as GPIN 2405-51-8502 and further described on Exhibit A. 26 27 2. That the City Manager or his designee is further authorized to execute all 28 documents that may be necessary or appropriate in connection with the purchase of the 29 Property, so long as such documents are in accordance with the Summary of Terms 30 attached hereto as Exhibit B and made a part hereof and containing such other terms and 31 conditions deemed necessary and sufficient by the City Manager and in a form deemed 32 satisfactory by the City Attorney. 33 34 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 35 of , 2014. CA12951 R-1 PREPARED: 5/1/14 S TO CQNTENT APPROVED AS TO LEGAL SUFFINCY AND FORM RKS, REAL ESTATE CITY ATTO I EXHIBIT "A" Legal Description of London Bridge Road ALL THAT that certain lot, tract or parcel of land together with improvements thereon belonging, lying, situate and being in the City of Virginia Beach, Virginia and designated and described as: "PARCEL C-2 NOT A BUILDING SITE, SEE NOTE 6 AREA = 570,631 SF OR 13.010 AC. GPIN 2405-51-8502" and further described as "PARCEL C-2 570,631 SQUARE FEET 13.100 ACRES," as shown on that certain plat entitled: "RESUBDIVISION OF PROPERTY OWNED BY THE TAYLOR GROUP, LP PARCEL B & PARCEL C A. W. SHIPP ESTATE (MB 7, PG 90) 2405-51-3413 2405-42-5570 PARCEL C H.R. NORECK PROPERTY (MB 61, PG 28) 2405-51-8192 & UNNAMED PARCEL (DB 2915, PG 1901) (DB 237, PG 32) 2405-54-2046 AUGUST 14, 2003 VIRGINIA BEACH, VIRGINIA," Scale: 1" = 200', dated September 17, 2013, prepared by MSA, P.C., which plat was recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20031016001684730, to which reference is made for a more particular description. IT BEING a part of the same property conveyed to The Taylor Group, L.P., a Virginia limited partnership, by deed from Barbara T. Creech, divorced and not remarried, dated March 1, 1990 and recorded in the aforesaid Clerk's Office in Deed Book 2915, at page 1901. EXHIBIT "B" SUMMARY OF TERMS OWNER: The Taylor Group, LP BUYER: City of Virginia Beach, VA PROPERTY: London Bridge Road (GPIN: 2405-51-8502) CONSIDERATION: $935,000 SOURCE OF FUNDS: Various Site Acquisitions and Various Site Acquisitions II, CIPs 3-368 & 3-139 ADDITIONAL TERMS: • Acquisition is expressly conditioned upon executing an Agreement of Sale with the City and the satisfaction of all contingencies stated in such agreement. • Property must be conveyed free and clear of all liens, leases, and tenancies and rights of possession of any and all parties other than the City. • Settlement will be within 60 days of full execution of the Agreement of Sale, or as soon thereafter as is practicable. • Seller shall pay its own attorney's fees and costs, if any. • City shall bear the costs of preparation of closing documents and recording fees. i� F 4 au. �Cy i7 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Granting Two Franchise Agreements for Open Air Cafes in the Resort Area MEETING DATE: May 13, 2014 ■ Background: By resolution adopted November 15, 1985, City Council authorized the City Manager to promulgate Open Air Cafe Regulations, which have been amended from time to time, for the operation of open air cafes on public property. The City has developed a franchise agreement for the regulation of open air cafes, which the grantees are required to execute as a condition of the grant. The City Council has traditionally granted initial franchises for one-year terms. If an open air cafe is successfully operated during the initial one-year term, the franchisee may return to Council upon the expiration of the one-year term and request a five-year franchise agreement. • Considerations: The following two entities are seeking one-year franchise agreements for open air cafes: (1) Pier 14, LLC, t/a Pier 14 Cafe, for operation of a Boardwalk cafe; and (2) VB's Raw Bar, Inc., t/a Seaside Raw Bar Cafe, for operation of an Atlantic Avenue Side Street cafe. ■ Public Information: A public notice was published in The Beacon on May 4, 2014 and May 11, 2014. • Attachments: Ordinance Recommended Action: Adopt Ordinance Submitting Department/Agency: Strategic Growth Area Office O k q City Manage 1 AN ORDINANCE GRANTING TWO FRANCHISE 2 AGREEMENTS FOR OPEN AIR CAFES IN THE 3 RESORT AREA 4 5 WHEREAS, by resolution adopted November 15, 1985, City Council authorized 6 the City Manager to promulgate Open Air Cafe Regulations, which have been amended 7 from time to time, for the operation of open air cafes on public property; and 8 9 WHEREAS, the City Council has traditionally granted initial franchises for one - 10 year terms; and 11 12 WHEREAS, if an open air cafe is successfully operated during the initial one - 13 year term, the franchisee may return to Council and request a five-year franchise 14 agreement; and 15 16 WHEREAS, the following two entities are seeking one-year franchise 17 agreements for open air cafes: (1) Pier 14, LLC, t/a Pier 14 Cafe, for operation of a 18 Boardwalk cafe; and (2) VB's Raw Bar, Inc., t/a Seaside Raw Bar Cafe, for operation of 19 an Atlantic Avenue Side Street cafe; and 20 21 WHEREAS, the Strategic Growth Area Office recommends that the above - 22 named entities be granted open air cafe franchise agreements. 23 24 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 25 VIRGINIA BEACH: 26 27 That the City Council hereby grants one-year franchise agreements to (1) Pier 28 14, LLC, t/a Pier 14 Cafe, for operation of a Boardwalk cafe; and (2) VB's Raw Bar, Inc., 29 t/a Seaside Raw Bar Cafe, for operation of an Atlantic Avenue Side Street cafe. Adopted by the City Council of Virginia Beach, Virginia on this day of , 2014. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Strategic Growth Area Office CA12989 R-1 April 23, 2014 City Attorney's Office le5s CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments into a portion of the City right-of-way known as Lynnville Crescent, for property owners Glenn Saucier and Denise Saucier MEETING DATE: May 13, 2014 • Background: Glenn Saucier and Denise Saucier have requested permission to repair, resurface and maintain an existing 18" high brick wall and lamp on top of column with new electric service, in a portion of the City right -of way known as Lynnville Crescent, and located adjacent to Mr. and Mrs. Saucier's property of 4325 Lynnville Crescent. The brick wall was originally constructed (in 1959) in conjunction with the single- family dwelling located on the adjoining lot (#34) GPIN: 1477-87-4741-0000, to the east of this lot (#35). This vacant lot (GPIN: 1477-87-5770-0000) was purchased by Mr. and Mrs. Saucier ("the applicants") and will be developed as a single-family dwelling. There are similar encroachments in Thalia Acres, which is where Glenn Saucier and Denise Saucier have requested to encroach. • Considerations: City Staff has reviewed the requested encroachments and has recommended approval of same, subject to certain conditions outlined in the Agreement. This item was presented to the Board of Zoning Appeals ("the BZA") at its meeting on March 5, 2014, and approved subject to certain conditions, including obtaining an encroachment for the fence/wall. As recommended by the BZA, the applicants have decided to repair and resurface the existing brick wall and columns, with stone that will be compatible with the stone used on the proposed dwelling. They will also be removing the wooden pickets located within the setback and presently installed between the columns. The pickets will be replaced with decorative aluminum piping intended to provide an attractive accent to the brick wall. A portion of the brick wall has been removed and will not be replaced due to installing a proposed driveway on this lot. In addition, these enhancements to the property will include topping the columns with capstones as well as replacing the existing wooden gate with a custom aluminum gate. • 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, Exhibit, Pictures and Location Map Recommended Action: Approval of the ordinance. ,,� Submitting Department/Agency: Public Works/Real Estate Rf",D i?1,1k-D City Manager` 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF THE CITY 6 RIGHT-OF-WAY KNOWN AS 7 LYNNVILLE CRESCENT, FOR 8 PROPERTY OWNERS GLENN 9 SAUCIER AND DENISE SAUCIER 10 11 WHEREAS, Glenn Saucier and Denise Saucier desire to repair, resurface and 12 maintain an existing 18" high brick wall and lamp on top of column with new electric 13 service within a portion of the City's right-of-way known as Lynnville Crescent, in the 14 City of Virginia Beach, Virginia; and 15 16 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 17 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 18 City's right-of-way subject to such terms and conditions as Council may prescribe. 19 20 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA: 22 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 23 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Glenn Saucier and Denise 24 Saucier, their heirs, assigns and successors in title are authorized to maintain 25 temporary encroachments for an existing 18" high brick wall and lamp on top of column 26 with new electric service in a portion of the City's right-of-way, as shown on the map 27 marked Exhibit "A" and entitled: "ENCROACHMENT EXHIBIT 'A' LOT 35, THALIA 28 ACRES (M.B. 45, P. 10) VIRGINIA BEACH, VIRGINIA FOR GLENN SAUCIER & 29 DENISE SAUCIER SCALE 1" = 30' AUGUST 21, 2013 and REVISED: JANUARY 17, 30 2014 ROUSE-SIRINE ASSOCIATES, LTD., LAND SURVEYORS & MAPPING 31 CONSULTANTS," a copy of which is on file in the Department of Public Works and to 32 which reference is made for a more particular description; and 33 34 BE IT FURTHER ORDAINED that the temporary encroachments are expressly 35 subject to those terms, conditions and criteria contained in the Agreement between the 36 City of Virginia Beach and Glenn Saucier and Denise Saucier (the "Agreement"), which 37 is attached hereto and incorporated by reference; and 38 39 BE IT FURTHER ORDAINED that the City Manager or his authorized designee is 40 hereby authorized to execute the Agreement; and 41 42 BE IT FURTHER ORDAINED that this Ordinance shall not be in effect until such 43 time as Glenn Saucier and Denise Saucier and the City Manager or his authorized 44 designee execute the Agreement. 45 46 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 47 of , 2014. CA -12767 R-1 PREPARED: 4/10/14 APPROVED AS TO CONTENTS .: TV'Otirkia.):9 SIGNATURE -Q. R. AR R, APPROVED AS TO LEGAL SUFFICIENCY AND FORM ASSOCIATE CITY ATTORNEY DATE PUBLIC WORKS / REAL ESTATE DEPARTMENT / DIVISION 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 28th day of March, 2014, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and GLENN SAUCIER and DENISE SAUCIER, husband and wife, 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 designated and described as "Lot 35"; as shown on that certain plat entitled: "THALIA ACRES SUBDIVISION OF SECTION NO. 5 AND RE -SUBDIVISION OF SECTION NO. 4 KEMPSVILLE MAG. DIST. PRINCESS ANNE CO., VA. SCALE: 1" = 100' JUNE 6, 1958, prepared by SAMUEL W. MILLER, JR., C.L.S.", and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 45, at page 10, and being further designated, known, and described as 4325 Lynnville Crescent, Virginia Beach, Virginia 23452; WHEREAS, it is proposed by the Grantee to repair, resurface and maintain an existing 18" high brick wall and lamp on top of column with new electric service, collectively, the "Temporary Encroachments", in the City of Virginia Beach; and WHEREAS, in repairing, resurfacing and maintaining the Temporary Encroachments, it is necessary that the Grantee encroach into a portion of an existing City right-of-way known as Lynnville Crescent, the "Encroachment Area"; and GPIN: (CITY RIGHT-OF-WAY — NO GPIN REQUIRED OR ASSIGNED) 1477-87-5770-0000; (4325 Lynnville Crescent) WHEREAS, the Grantee has requested that the City permit the Temporary Encroachments 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 repairing, resurfacing and maintaining the Temporary Encroachments. It is expressly understood and agreed that the Temporary Encroachments will be repaired, resurfaced and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: Temporary Encroachments into the Encroachment Area as shown on that certain exhibit plat entitled: "ENCROACHMENT EXHIBIT 'A' LOT 35, THALIA ACRES (M.B. 45, P.10) VIRGINIA BEACH, VIRGINIA FOR GLENN SAUCIER & DENISE SAUCIER SCALE: 1" = 30' AUGUST 21, 2013 and REVISED: JANUARY 17, 2014, ROUSE- SIRINE ASSOCIATES, LTD. LAND SURVEYORS & MAPPING CONSULTANTS," a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary 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 2 must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary 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 Temporary Encroachments so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must submit and have approved a traffic control plan before commencing work in the Encroachment Area. It is further expressly understood and agreed that the Grantee agrees that no open cut of the public roadway will be allowed except under extreme circumstances. Requests for exceptions must be submitted to the Highway Operations Division of the 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"). 3 It is further expressly understood and agreed that prior to issuance of a right-of-way/utility easement Permit, the Grantee must post a bond or other security, in the amount of two times their engineer's cost estimate, to the Department of Planning to guard against damage to City property or facilities during construction. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not Tess 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. 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 4 Encroachments and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary 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, Glenn Saucier and Denise Saucier, the said Grantee, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: (SEAL) The foregoing instrument was acknowledged before me this day of , 2014, 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. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY (-)F VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of , 2014, 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. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 SLATE OF 1, 'I OUN Y OF (2 - I N/ KE- . Milto-wit: By lenn Saucier, Owner By -Q Jap kt_ JA__ Denise Saucier, Owner The foregoing instrument was acknowledged before me this28 day of , 2014, by Glenn Saucier. Notary Registration Number: - Y My Commission Expires: STATE OF i. K CITY/GAHNTY 0 ,AAAL �V— to -wit: EAL) Shelby L. Tudor Commonwealth of Virginia Notary Public Commission No. 7507082 My Commission Expires 2/2812015 The foregoing instrument was acknowledged before me this i tY k day of , 2014, by Denise Saucier. Notary Pub 'c Notary Registration Number: 0234 '° — My Commission Expires: y its.;, 31, c=)0/ - 7 =)v% - 7 (SEAL) APPROVED AS TO CONTENTS IGNATURE DATE PUBLIC WORKS / REAL ESTATE DEPARTMENT / DIVISION 8 APPROVED AS TO LEGAL SUFFICIENCY AND FORM DANA- R. HARM ASSOCIATE CITY ATTORNEY 36 0 :n 0 0 3 0 0 PIN(F) 15.7' l h 9 04 A=99.97' 35 54.00' 10.00'i 17.00' 'n I LAMP ON TOP OF COLUMN w/ NEW ELECTRIC SERVIC (TYP. FOR 4) SSMH RIM=12.24 INV=6.39 1— —24.00' 81 I —I 1 L 12.00' FRAME SHED TO BE REMOVED PROPOSED RESIDENCE 27.00' EXISTING 18" HIGH BRICK WALL ('1 8 PROPOSED UTILITY SERVICES TO MAINTAIN 3' MINIMUM HORIZONTAL SPACING FROM EXISTING BRICK WALL a N78'35'0"W PIN(F) 20.13 72" WOODEN FENCE THIS EXHIBIT WAS PREPARED TO ACCOMPANY AN ENCROACHMENT APPLICATION FOR THE EXISTING 18" BRICK WALL ALONG THE RIGHT—OF—WAY LINE OF LYNNVILLE CRESCENT. 25.00' `t R=651.48' A=129.87' EXISTING SANITARY SEWER PROPOSED DRIVEWAY PROPOSED SCOss LYNNVILLE CRESCENT 50' RIGHT-OF-WAY (FORMERLY LYNNHAVEN DRIVE) of/A./ JERROLD W. HUTTON Lic. No. 1729 °J O 1k SURV�� BREAK IN WALL 78'35'00"E 20.13' !; PROPOSED n, 8 CLAY LAMP ON TOP OF COLUMN (TYP) `i1 0p. MAS. 'Aj. NL(P) 225.05' SSMH RIM=11.14 EDGE OF INV=6.99 PAVEMENT G P I N:1477-87-5770 (si WATER MAIN IS LOCATED ON OPPOSITE SIDE OF ROAD ENCROACHMENT EXHIBIT 'A' LOT 35, THALIA ACRES (M.B. 45, P. 10) VIRGINIA BEACH, VIRGINIA FOR GLENN SAUCIER & DENISE SAUCIER SCALE: 1"=30' AUGUST 21, 2013 REVISED: JANUARY 17, 2014 ROUSE-SIRINE ASSOCIATES, LTD. LAND SURVEYORS & MAPPING CONSULTANTS www.rouse-sirine.con7 333 OFFICE SQUARE LANE 362 M&LAWS CIRCLE, SUITE 1 VIRGINIA BEACH, VIRGINIA 23462 WILLIAMSBURG, VIRGINIA 23185 TEL.(757)490-2300 TEL.(757)903-4695 FAX: (757)499-9136 FAX:(757)903-4469 0 30 60 90 FEET 1111111111111111111111 GRAPHIC SCALE J.O. #13312 ACAD: ENCROACHMENT EXHIBIT.dwg P.S. 764, P. 60-62 -' °W11111 4117 WINN ,C.= 0 0 0 1) 0 X:\CADD\Projects\ARC Files\AGENDA MAPS\Lynnville Cres\34325 Lynnville Cres.rnx MG ., GA 19 33N 3013 d30 NI 1 Prepared by P.W./Eng./Eng. Support Services Bureau 03/12/2014 ."1--""4411 CITY OF VIRGINIA BEACH AGENDAITEM ITEM: An Ordinance to authorize Temporary Encroachments into a portion of a variable width canal on City property known as Harbor Canal, located at the rear of 2333 Leeward Shore Drive, for property owners Camille A. Kattan and Marie T. Kattan MEETING DATE: May 13, 2014 • Background: Camille A. Kattan and Marie T. Kattan have requested permission to maintain an existing wood bulkhead, remove an existing pier and to construct and maintain a new 6' X 18' open pile timber pier into a portion of City property known as Harbor Canal, located at the rear of 2333 Leeward Shore Drive. There are similar encroachments in Harbor Canal — and in other canals of Bay Island — which is where Mr. and Mrs. Kattan have requested to encroach. • Considerations: City Staff has reviewed the requested encroachments and has recommended approval of same, subject to certain conditions outlined in the Agreement. In accordance with the recommendations of City Council to help address water quality protection in conjunction with temporary encroachments onto City property, the requested encroachments have been reviewed by the Department of Planning/Environment and Sustainability Office. Staff is of the professional opinion that the establishment of a 15 -foot -wide vegetated riparian buffer area cannot be established on the property. Therefore, the applicant shall make a FIVE HUNDRED SIXTY-SIX DOLLAR ($566.00) payment, payable to the City Treasurer, to the Department of Planning/Environment and Sustainability Office as compensation for the riparian buffer area that cannot be established on the applicant's property. This payment will be used to restore buffer areas on other City -owned property. • Public Information: Advertisement of City Council Agenda • Alternatives: Approve the encroachments as presented, deny the encroachments, or add conditions as desired by Council. • Recommendations: Approve the request subject to the terms and conditions of the Agreement. • Attachments: Ordinance, Agreement, Exhibit, Pictures and Location Map Recommended Action: Approval of the ordinance. Submitting Department/Agency: Public Works/Real Estate City Manager: 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF A VARIABLE 6 WIDTH CANAL ON CITY PROPERTY 7 KNOWN AS HARBOR CANAL, 8 LOCATED AT THE REAR OF 2333 9 LEEWARD SHORE DRIVE, FOR 10 PROPERTY OWNERS CAMILLE A. 11 KATTAN AND MARIE T. KATTAN 12 13 WHEREAS, Camille A. Kattan and Marie T. Kattan desire to maintain an existing 14 wood bulkhead, remove an existing pier and to construct and maintain a new 6' X 18' 15 open pile timber pier in a portion of City property known as Harbor Canal, located at the 16 rear of 2333 Leeward Shore Drive, in the City of Virginia Beach, Virginia; and 17 18 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 19 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 20 City's property subject to such terms and conditions as Council may prescribe. 21 22 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 25 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Camille A. Kattan and Marie 26 T. Kattan, their heirs, assigns and successors in title are authorized to maintain 27 temporary encroachments for an existing wood bulkhead, remove an existing pier and 28 to construct and maintain a new 6' X 18' open pile timber pier in a portion of existing 29 City property known as Harbor Canal, as shown on the map marked Exhibit "A" and 30 entitled: "EXHIBIT A ENCROACHMENT PLAT SHOWING NEW OPEN PILE TIMBER 31 PIER IN HARBOR CANAL SEPTEMBER 16, 2013 / REVISED NOVEMBER 22, 2013 32 FOR CAMILLE A. and MARIE THERESE KATTAN 2333 LEEWARD SHORE DRIVE 33 GPIN: 25000020400000 LOT 222, BAY ISLAND SEC 2 BAY ISLAND SUBDIVISION 34 MAP BOOK 048 PAGE 0015 GRAPHIC SCALE: 1" = 40' — 0," a copy of which is on file 35 in the Department of Public Works and to which reference is made for a more particular 36 description; and 37 38 BE IT FURTHER ORDAINED that the temporary encroachments are expressly 39 subject to those terms, conditions and criteria contained in the Agreement between the 40 City of Virginia Beach and Camille A. Kattan and Marie T. Kattan (the "Agreement"), 41 which is attached hereto and incorporated by reference; and 42 43 BE IT FURTHER ORDAINED that the City Manager or his authorized designee is 44 hereby authorized to execute the Agreement; and 45 46 BE IT FURTHER ORDAINED that this Ordinance shall not be in effect until such 47 time as Camille A. Kattan and Marie T. Kattan and the City Manager or his authorized 48 designee execute the Agreement. 49 50 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 51 of , 2014. CA -12747 R-1 PREPARED: 3/25/14 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM GNATURE •ANA ' HAR EYER, ASSOCIATE CITY ATTORNEY akid, cniq DATE PUBLIC WORKS / REAL ESTATE tti.YJ DEPARTMENT / DIVISION �\�\v� PREPARED BY VIRGINIA BEACH CITY ATTORNEYS OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this 18th day of March, 2014, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and CAMILLE A. KATTAN and MARIE T. KATTAN, husband and wife, 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 designated and described as "Lot 222", as shown on that certain plat entitled: "SUBDIVISON OF BAY ISLAND SECTION TWO PRINCESS ANNE CO., VA. LYNNHAVEN MAGISTERIAL DISTRICT Scale: 1" = 100' October, 1958, prepared by FRANK D. TARRALL, JR. and ASSOCIATES SURVEYORS & ENGINEERS NORFOLK, VA. — VIRGINIA BEACH, VA. — PRINCESS ANNE COURTHOUSE, VA.," and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 48, at page 15, and being further designated, known, and described as 2333 Leeward Shore Drive, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to maintain an existing wood bulkhead, remove an existing pier and to construct and maintain a new 6' X 18' open pile timber pier, collectively, the "Temporary Encroachments", in the City of Virginia Beach; and GPIN: (NO GPIN REQUIRED OR ASSIGNED TO CITY PROPERTY KNOWN AS HARBOR CANAL) 2500-00-2040-0000; (2333 Leeward Shore Drive) WHEREAS, in constructing and maintaining the Temporary Encroachments, it is necessary that the Grantee encroach into a portion of a variable width canal on City property known as Harbor Canal, located at the rear of 2333 Leeward Shore Drive, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachments 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 is more particularly described as follows, to wit: Temporary Encroachments into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT A ENCROACHMENT PLAT SHOWING NEW OPEN PILE TIMBER PIER IN HARBOR CANAL SEPTEMBER 16, 2013 / REVISED NOVEMBER 22, 2013 FOR CAMILLE A. KATTAN & MARIE THERESE KATTAN 2333 LEEWARD SHORE DRIVE GPIN: 25000020400000 LOT 222, BAY ISLAND SEC 2 BAY ISLAND SUBDIVISION MAP BOOK 048 PAGE 0015 GRAPHIC SCALE: 1" = 40' - 0", a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary 2 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 will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location, or existence of the Temporary 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 Temporary Encroachments so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the 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 the Grantee shall make a FIVE HUNDRED SIXTY-SIX DOLLAR ($566.00) payment, payable to the City 3 I Treasurer, to the Department of Planning/Environment and Sustainability Office as compensation for the typically required 15 -foot -wide riparian buffer area that cannot be established on the property of the Grantee; said buffers are a standard condition of the City for shoreline encroachments. Said payment is equal to partial cost of plant material which will be used to restore buffer areas on other City -owned property. It is further expressly understood and agreed that the Grantee must obtain and keep in 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. 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. 4 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 thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary 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, Camille A. Kattan and Marie T. Kaftan, the said Grantees, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: (SEAL) The foregoing instrument was acknowledged before me this day of , 2014, 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. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of , 2014, 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. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 STATE OF A CITY/COUNTY OF By Camille A. Kattan, Owner By tk„.CCr A- v-- - to -wit: Marie T. Kattan, Owner The foregoing instrument was acknowledged before me this day of , 2014, by Camille A. Kattan. Notary Registration Number: ) (s'-1 (__911 ,5 My Commission Expires: STATE OF I - a C,9(-66 )/L CITY/COUNTY OF , to -wit: (6,b otary Public I The foregoing instrument was acknowledged before me this `' Jko,i"' , 2014, by Marie Therese Kattan. Notary Registration Number: My Commission Expires: Reg. No. 7046415 • k+�/°^� "t Lir { .1.0B%,-;\9_,..*.„„, C \\t �/s Pf 16ti1 Pi6.l16Wg4\ day of Notary Public '70q GLII5 /241 7 SEAL) APPROVED AS TO CONTENTS DATE PUBLIC WORKS / REAL ESTATE DEPARTMENT / DIVISION 8 APPROVED AS TO LEGAL SUFFICIENCY AND FORM M ER, ASSOCIATE CITY ATTORNEY ENCROACHMENT AREA: 6.0' x 18.0' (108 SF) - 20.0' 18.0' EXISTING PIER TO BE REMOVED & PROPERLY DISPOSED 0 TODD & KATHERINE HOLLOWELL 2329 LEEWARD SHORE DR. GPIN: 24090939680000 LOT 221 MAP BooK 048 PAGE 00151 BAY ISLAND SUBDIVISION L R = 1700.0' L = 135.0' �iilliiilliii!Illllllllllli NEW 6.0'x 18.0' OPEN PILE TIMBER PIER MLW & MHW AT BULKHEAD 0A .0) I-� Q00 Ct in IN_ Icr, �c) 84.25' N 83°44' 58" w 122.12' o 7 08' • EXISTING BULKHEAD REMAIN 2333 POOL LI - - 4-- LEEWARD SHORE D EXHIBIT A ENCROACHMENT PLAT SHOWING NEW OPEN PILE TIMBER PIER IN HARBOR CANAL SEPTEMBER 16, 2013 / REVISED NOVEMBER 22, 2013 FOR CAMILLE A. KATTAN & MARIE THERESE KATTAN 2333 LEEWARD SHORE DRIVE GPIN: 25000020400000 LOT 222, BAY ISLAND SEC 2 BAY ISLAND SUBDIVISION MAP BOOK 048 PAGE 0015 GRAPHIC SCALE: I" = 40'-0" RI v E ALL TREES ARE PINE TREES ALL WORK TO BE COMPLETED BY BARGE NINO & SAMANTHA LOGAN 2337 LEEWARD SHORE DR. GPIN: 25000010100000 LOT 223 MAP BOOK 048 PAGE 0015 BAY ISLAND SUBDIVISION 0 10' 30' 50' CANAL 100' 2333 Leeward Shore Drive Legend I-1 City Properdes **Paw 0? P.WiErOJEfta. Spon Swoops Bureau ¶V4•2013 X.-ICADCr'Prcttet' g'AR'C F. LOCATION MAP ENCROACHMENT REQUEST FOR CAMILLE AND MARIE KATTAN 2333 LEEWARD SHORE DRIVE GPIN 2500-00-2040 1==1imom Feet 0 100 200 400 N3AklAPSt•erext: Vv.* DA2500-00-30•725:0.1C-2040"sel CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: A Resolution Pertaining to the Appeal of the Chief of Police's Decision to Deny an Application for a Precious Metals Dealer Permit MEETING DATE: May 13, 2014 • Background: City Code § 18-32 requires persons who wish to be a precious metals dealer to first obtain a permit from the Chief of Police. City Code § 25.1-1 defines "precious metals dealer" as "any person, firm, partnership, or corporation engaged in the business of (i) purchasing secondhand precious metals or gems; (ii) removing in any manner precious metals or gems from manufactured articles not then owned by the person, firm, partnership, or corporation; or (iii) buying, acquiring, or selling precious metals or gems removed from manufactured articles. "Dealer" includes all employers and principals on whose behalf a purchase is made, and any employee or agent who makes any purchase for or on behalf of his employer or principal. City Code § 18-32 requires the Chief of Police to issue a permit "provided that the applicant has not been convicted of a felony or crime of moral turpitude within seven (7) years prior to the date of application." On March 28, 2014, Kaitlin Jean Baker submitted a Precious Metals Dealer Permit application to the Police Department. On the application, she indicated she had a felony criminal conviction within the past seven years. A background check also indicated that she had a misdemeanor conviction involving a crime of moral turpitude within the last seven years. The Pawn Unit obtained from the Virginia Beach General District Court certified copies that show she was convicted of a crime of moral turpitude (crimes involving lying, cheating or stealing) and a felony in the past seven years. A certified copy of those convictions is attached. The Chief of Police denied Ms. Baker's permit application because City Code § 18-32 prohibits the Chief of Police from issuing the permit, given her convictions of a crime of moral turpitude and a felony within seven years prior to the date of her application. City Code §18-32(g) authorizes an applicant to appeal a permit denial to City Council, and Ms. Baker has appealed. Although City Code § 18-32 prohibits the Chief of Police from issuing a permit if the applicant has been convicted of a crime of moral turpitude or a felony in the past seven years, City Council could grant the permit, notwithstanding her criminal history. That decision is left to the sound discretion of City Council. • Considerations: After hearing the Applicant, City Council may vote to either DENY or GRANT the Precious Metals Dealer Permit. To that end, two alternate resolutions are attached: one denying the permit, and one granting it. • Public Information: Public information will be provided through the normal Council agenda process. • Recommendation: Deny permit. Permit Denial Appeal Page 2of2 ■ Attachments: Two alternate resolutions (one denying the permit; the other granting it); application; denial letter; and certified copies of relevant convictions (with date of birth and Social Security number redacted). Recommended Action: Deny Permit Submitting Department/Agency: Police Department e City Manager: .6-0-1-. 1 A RESOLUTION PERTAINING TO THE APPEAL OF THE 2 CHIEF OF POLICE'S DECISION TO DENY AN APPLICATION 3 FOR A PRECIOUS METALS DEALER PERMIT 4 5 WHEREAS, Kaitlin Jean Baker ("the Applicant") submitted a Precious Metals Dealer 6 Permit application on March 28, 2014; and 7 8 WHEREAS, the Applicant indicated on her application that she had been convicted 9 of a felony criminal offense in the past seven years; and 10 11 WHEREAS, the Applicant's criminal record also includes a criminal misdemeanor 12 charge involving a crime of moral turpitude; and 13 14 WHEREAS, the Applicant was convicted of one felony violation of Code of Virginia 15 § 46.2-817(6) [Eluding Police — Endangerment] and one misdemeanor violation of Code of 16 Virginia § 18.2-102 [Unauthorized Use of Motor Vehicle] on October 8, 2010; and 17 18 WHEREAS, the application was denied by the Police Chief because City Code § 18- 19 32 prohibits the Chief from issuing a permit if the applicant has been convicted of a felony 20 or a crime of moral turpitude in the seven years prior to the date of application; and 21 22 WHEREAS, in accordance with City Code § 18-32(g), the Applicant appealed the 23 denial to the City Council. 24 25 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 26 VIRGINIA BEACH, VIRGINIA: 27 28 That the appeal of the Applicant for issuance of a Precious Metals Dealer Permit is 29 hereby denied. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2014. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: olice Department City Attorne Offic CA13000 R-1 April 18, 2014 1 A RESOLUTION PERTAINING TO THE APPEAL OF THE 2 CHIEF OF POLICE'S DECISION TO DENY AN APPLICATION 3 FOR A PRECIOUS METALS DEALER PERMIT 4 5 WHEREAS, Kaitlin Jean Baker ("the Applicant") submitted a Precious Metals Dealer 6 Permit application on March 28, 2014; and 7 8 WHEREAS, the Applicant indicated on her application that she had been convicted 9 of a felony offense in the past seven years; and 10 11 WHEREAS, the Applicant's criminal record also includes a criminal misdemeanor 12 charge involving a crime of moral turpitude; and 13 14 WHEREAS, the Applicant was convicted of one felony violation of Code of Virginia § 15 46.2-817(B) [Eluding Police - Endangerment] and one misdemeanor violation of Code of 16 Virginia § 18.2-102 [Unauthorized Use of Motor Vehicle] on October 8, 2010; and 17 18 WHEREAS, the application was denied by the Police Chief because City Code § 18- 19 32 prohibits the Chief from issuing a permit if the applicant has been convicted of a felony 20 or crime of moral turpitude in the seven years prior to the date of application; and 21 22 WHEREAS, in accordance with City Code § 18-32(g), the Applicant appealed the 23 denial to the City Council; and 24 25 WHEREAS, notwithstanding the Applicant's past criminal convictions, the City 26 Council believes the Applicant should receive a permit. 27 28 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 29 VIRGINIA BEACH, VIRGINIA: 30 31 That the appeal of the Applicant for issuance of a Precious Metals Dealer Permit is 32 granted, and the Police Department shall issue the Applicant the permit. 33 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2014. APPROVED AS TO LEGAL SUFFICIENCY: City Atto r 's O CA13000 R-1 April 18, 2014 PD -8A hev: (0813) City of F irginia r oft dye laitif 514- / I -P°5� 3041 Application for Permit a la Police Pawnbroker ($100) 1 Second Hand ($100) Municipal Center Building 11 2509 Princess Anne Road Virginia Beach, VA 23456-9064 V(rt J pt.oS Precious Metals ($300) This is a Non -Refundable Fee *`Prior convictions for Felonies or Crimes of Moral Turpitude (crimes involving, lying, cheating or stealing for seven 7 years immediatel receding this a iication, such charges ending in court shall constitute grounds for denial of this permit.** This applicant is responsible to. be familiar with related City Codes 18-32 and 25-1 through 25-12. Permit is valid from the date issued through December 31st of the calendar year of issuance. Definitions: Pawnbroker: The word "pawnbroker" means any person who shall, in any manner, lend or advance money or other things for profit on the pledge and possession of personal property or other valuable things, other than securities or written or printed evidences of indebtedness, or who deals in the purchasing of personal property or other valuable things on condition of selling the same back to the seller at a stipulated price. Secondhand dealer: The term "secondhand dealer" means any person who buys, sells, barters or exchanges used or Secondlarid articles, such iS fireariiS, jewelry,'office' machines, household apnli d10ES, radios, television Sets. electronic equipment, sporting equipment, photographic equipment, heating or plumbing fixtures or supplies, electrical fixtures or wiring, gas fixtures or appliances; water faucets, pipes, locks, bathtubs or any other secondhand inerchandise intended to be resold for use as such. This definition does not include those persons who exclusively buy, sell, barter or exchange used or secondhand clothing, furniture and non -electronic children's articles. Dealers in precious metals and gems: ® "Dealer" means any person, firm, partnership or corporation engaged in the business of purchasing, acquiring or selling secondhand precious metals or gems, or precious metals or gems removed in any manner from manufactured articles not then owned by such person, firm, partnership or corporation. "Dealer" includes all employers and principals on whose behalf a purchase is made and any employee or agent who makes any purchase for or on behalf of an employer or principal.., This definition shall not be construed so as to include persons engaged in the following: o Purchases of precious metals or•gems directly from other dealers, manufacturers, or wholesalers for retail or wholesale inventories. o Purchases of precious metals or gems from a duly qualified fiduciary who is disposing of the assets of the estate being administered by such fiduciary in the administration of an estate. o Acceptance by a retail merchant of trade-in merchandise previously sold by such retail merchant to the person presenting that merchandise for trade-in. n Preparing, restoring or designing jewelry by retail merchant, if such activities are within the normal course of business, O Purchases of precious metals or gems by industrial refiners and manufacturers, insofar as such purchases are tirade directly from retail merchants or wholesalers o Persons regularly engaged in the business of purchasing and processing nonprecious scrap metals which incidentally may contain traces of precious metals recoverable as a by-product. PD -8A Rev: 09/13 INSTRUCTIONS In addition to completing this form, you will need to attach - A signed, notarized PD -150 Criminal Record Information Request for the applicant and each employee operating under this permit (515 per Criminal Record Information Request), and A copy of the business license application You must present two forms of ID, one of which must be a government issued photo ID, at the time of application. Employee Application Owner Application (also attach Scale Certification, Copy of Property Deed or Lease & Copy of Bond) Primary Phone: ~ t-( ork Phone:` 3 ' g (Zip Code) L.st tv;4. �. '04' 144 en 33 (State) (Zip Code) Business Nanie/Phone: Glyert6e&avon Business Address: ICC I Edevl tk � .� (Street) (City) Have you been convicted of any criminal offenses in the past 10 years? Yes 1 1 No (If you respond yes, please explain below. If additional space is required, the back of this application can be used). Do you have any pending charges? 1 1 Yes No Prior convictions for Felonies or Crimes f Moral Turpitude (crimes involving lying, cheating or stealing) for seven (7) years immediately preceding this application, such charges pending in court shall constitute grounds for denial of this permit. Offense Disposition Date Name of Court 0 - ik URI i . - exwei,a( ry-un 1\CV. UV/ Lu I, the'unclersigned, affirm that the information contained in this application and any attachments to this document are both correct and complete to the best of my knowledge. The willful making of false statements in this application constitutes perjury and is punishable in accordance with § 18.2-434 of the Code of Virginia. I authorize the Virginia Beach Police Department to search their files and Virginia Central Criminal Records Exchange (CCRE) for any criminal history record. 1 also certify that all applicable sections of Chapters 18 & 25 of the Virginia Beach City Code have been complied with. Signature of Applicant: Application Taken • 3/2 w Date: For Office Use ray Record Check Results (Stamp Below) VIRGINIA: IN THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH HEARING DATE: October 5, 2010 JUDGE: O'BRIEN COMMONWEALTH OF VIRGINIA vs KAITLIN JEAN BAKER, Defendant Case Number: CRI0-3058, CR10-3176, CRI0-3210 SENTENCING ORDER Attorney for the Commonwealth: L. Zeidan Attorney for the Defendant: A. Bertman Court Reporter: Fiduciary Reporting, Inc. The defendant was present and represented by counsel. The indictment for the offense of Unauthorized Use of a Motor Vehicle (Felony) was amended to the offense of Unauthorized Use of a Motor Vehicle (Misdemeanor). A written plea agreement was filed and made a part of the record. Upon the defendant's GUILTY PLEA and the stipulated evidence, the Court found the defendant GUILTY of the following offense(s): OFFENSE DESCRIPTION Eluding Police- Endangerment Unauthorized Use of a Motor Vehicle Reckless Driving Resisting Arrest OFFENSE CODE DATE SECTION 07-12-10 46.2-817(B) 07-12-10 18.2-102 07-12-10 46.2-862 07-12-10 18.2-479.1 CRIME CODE REFERENCE [1] REC-6624-F6 LAR -2412-M1 REC-6646-M 1 JUS -4831-M1 Pursuant to the provisions of Code § 19.2-298.01 the applicable discretionary sentencing guidelines and the guidelines worksheets were reviewed and considered by the Court and are ordered filed as part of the record. Before pronouncing the sentence, the Court inquired if the defendant desired to make a statement and if the defendant desired to advance any reason why judgment should not be pronounced. The Court accepted the Plea Agreement and SENTENCES the defendant to: Incarceration in the Virginia Department of Corrections for the term of: 5 years on the charge of Eluding Police- Endangerment. AND Incarceration in the jail of this City for the term of: 30 days on the charge of Unauthorized use of a Motor Vehicle, 30 days on the charge of Reckless Driving and 30 days on the charge of Resisting Arrest. PAGE 2 CR10-3058, CR10-3176, CR10-3210 KAITLIN JEAN BAKER The total sentence imposed is 5 years and 90 days. The Court SUSPENDS ALL BUT 3 MONTHS of the Eluding Police- Endangerment sentence and ALL of the Unauthorized Use of a Motor Vehicle sentence, and ALL of the Reckless Driving sentence, and ALL of the Resisting Arrest sentence, on the following condition(s): 1. Good Behavior. The defendant shall be of good behavior for 5 years. 2. Supervised Probation. The defendant is placed on supervised probation. The defendant shall be on probation until released by the probation officer. Probation under the supervision of a probation officer shall commence upon sentencing unless the defendant is remanded to custody at sentencing then it shall commence upon release from incarceration. The defendant shall comply with all the rules, terms and requirements set by the probation officer. The defendant shall undergo and complete any counseling or treatment as deemed appropriate by her probation officer. This shall include a mental health evaluation and treatment as deemed appropriate by her probation officer. Credit for time served. The defendant sentenced to a term of confinement in a correctional facility shall be given credit for time spent in confinement while awaiting trial pursuant to Code § 53.1-187. Costs. The defendant shall pay costs pursuant to § 19.2-354. Distribution of copies: The Clerk shall send a copy of this order to the: Sheriff Probation Office of this Court Department of Motor Vehicles ENTER: JUDGE: Defendant Identification: SSN: WHIM DOB: Immlia SEX: FEMALE Clerk: Ilm CERTIFIED TO BE A TRUE Cole } e u CORD IN MYS TODY CJRCUIT COURT OF VI BY DEPUTY CLERK SINNE [1] Virginia crime codes shall only be used to facilitate administration and research, and shall not have any legal standing as they relate to a particular offense or offenses. Virginia Code § 19.2-390.01. J. PLANNING 1. Application of BRIAN J. DUNDON for a Variance to Section 4.4(b) of the Subdivision Ordinance re an additional residential lot at 449 Old Great Neck Road DISTRICT 6 - BEACH RECOMMENDATION: APPROVAL 2. Application of JAMES E. and BETHANY S. VAUGHAN and ROBERT P. VAUGHAN at 2388 Vaughan Road: DISTRICT 7 —PRINCESS ANNE a. Variance to Section 4.4(d) of the Subdivision Ordinance re creation of a lot with no direct access to a public right-of-way. b. Conditional Use Permit for Alternative Residential Development RECOMMENDATION: APPROVAL 3. Application of GREAT NECK, L.P. and CHANNEL POINTS, LLC for Modification of Condition No. 2 of a Subdivision Variance (approved September 24, 1996) re construction of a residence and pool within the Resource Protection Area (RPA) at 1903 Channel Points Lane DISTRICT 5 - LYNNHAVEN RECOMMENDATION: APPROVAL 4. Application of R & J PETRO DBA STUDIOS 4 LESS and THE RAMSEY-WHITE COMPANY, L.C. for Modification of Proffer No. 4 to a Change of Zoning (approved December 4, 2013) from a mixed-use structure to motel rooms at 717 South Military Highway DISTRICT 2 - KEMPSVILLE RECOMMENDATION: APPROVAL 5. Application of ROBIN RAY for enlargement of a Nonconforming Use and renovation of a garage at 5202 and 5204 Ocean Front Avenue DISTRICT 5 — LYNNHAVEN. RECOMMENDATION: APPROVAL 6. Application of C & J INVESTORS, LLC and J & M KELLAM FAMILY PARTNERSHP for Alternative Compliance to the Oceanfront Resort District Form -Based Code to allow erection of four (4) detached dwellings at 516 20th Street DISTRICT 6 - BEACH RECOMMENDATION: APPROVAL 7. Application of NOEL GONZALEZ and BIRCHWOOD ASSOCIATES, LLC for a Conditional Use Permit re an event hall at 329 Birchwood Park Drive DISTRICT 5 - LYNNHAVEN RECOMMENDATION: APPROVAL 8. Application of HIF, LLC, HIC, LLC; MACH ONE, LLC for a Conditional Change of Zoning from B-2 Community Business to Conditional A-18 Apartment re 252 dwelling units at Windsor Oaks Boulevard and Holland Road DISTRICT 3 - ROSE HALL RECOMMENDATION: APPROVAL 9. Application of CITY OF VIRGINIA BEACH to AMEND §§211 and 216 of the City Zoning Ordinance (CZO) re Sponsorship Signs for Public Art Exhibitions on public property DISTRICT 2 - KEMPSVILLE RECOMMENDATION: APPROVAL NOTICE OF PUBLIC HEARING The regular meeting of the City Council of the City of Virginia Beach will be held in the Council Chamber of the City Hall Building, Municipal Center, Virginia Beach, Virginia, on Tuesday, May 13, 2014 at 6:oo P.M., at which time the following applications will be heard: DISTRICT 5 — LYNNHAVEN Robin Ray Application: Nonconforming Use at 5202 and 5204 Ocean Front Avenue (GPIN 2418898599), Great Neck, L.P. and Channel Points, LLC Application: Modification of Conditions of a Subdivision Variance (approved on 9/24/1996) at 1903 Channel Points Lane (GPM' 1489952368). Noel Gonzalez/Birchwood Associates, LLC Application: Conditional Use Permit for an assembly hall at 329 Birchwood Park Drive (GPIN 1487341778). CITY OF VIRGINIA BEACH Ordinance to Amend Section 211 of the City Zoning Ordinance re sponsorship signs for public art exhibitions on public property, and Section 216 of the City Zoning Ordinance, re the application of such section to certain permitted signs. DISTRICT 6 — BEACH C & J INVESTORS, LLC/J & M KELLAM FAMILY PARTNERSHP Application: Alternative Compliance at 516 20' Street (GPIN 2417978643) Brian J. Dundon Application: Variance to Section 4.4(b) of the Subdivision Ordinance. The requested variance will allow for the creation of one additional single-family residential lot at 449 Old Great Neck Road (GPIN 1497975653). DISTRICT 3 — ROSE HALL HIF, LLC, HIC, LLC; MACH ONE, LLC Application: Conditional Change of Zoning from B-2 Community Business to Conditional A-18 Apartment. Requested zoning will allow 192 apartment units and 61 townhouse units (17.8 units/acre) at the West side of Windsor Oaks Boulevard, approximately 400 feet south of Holland Road (GPIN 1486144604). Comprehensive Plan — Suburban Area. DISTRICT 2 — KEMPSVILLE. R & J Petro DBA Studios 4 Less/The Ramsey -White Company, L.C. Application: Modification of Proffers of a Change of Zoning (approved on 12/4/2013). Request is to modify the proffers to allow conversion of the former nightclub space to 19 motel rooms at 717 South Military Highway (GPIN 1456275342). DISTRICT 7 —PRINCESS ANNE James E. and Bethany 5. Vaughan/Robert P. Vaughan Application: Variance to Section 4.4(b) of the Subdivision Ordinance. The requested variance will allow for the creation of a lot with no direct access to a public right-of-way. Conditional Use Permit for an Alternative Residential Development at 2388 Vaughan Road (GPIN 2401287374) All interested citizens are invited to attend. Ruth Hodges Fraser, MMC City Clerk Copies of the proposed ordinances, resolutions and amendments are on file and may be examined in the Department of Planning or online at ..... For information call 385-4621. If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303. BEACON: APRIL 27 & MAY 4, 2014 24053073 Disse[ � CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: BRIAN J. DUNDON (Applicant & Owner), Variance to Section 4.4(b) of the Subdivision Ordinance. The requested variance will allow for the creation of one additional single-family residential lot. 449 Old Great Neck Road (GPIN 1497975653). COUNCIL DISTRICT — BEACH. MEETING DATE: May 13, 2014 • Background: The subject site is zoned R-10 Residential District, has 43,659.70 square feet of lot area, and is developed with a single-family dwelling. The applicant proposes to subdivide the subject site into two lots in order to create an additional building site. The new lot will be a 'flag lot,' with a lot width of 20.28 feet. The R-10 Residential District requires a minimum 80 -foot lot width. Section 4.4(b) of the Subdivision Ordinance requires that all new lots meet the regulations of the Zoning Ordinance. Since the lot proposed by the applicant does not meet the minimum lot width requirement for the R-10 zoning district, the applicant is requesting a variance to that requirement. • Considerations: The applicant's parcel, the proposed subdivision, and the requested variance are very similar to those associated with a Subdivision Variance granted by the City Council on November 26, 2013 for property adjacent to the subject lot. The exception in that case was that the property consisted of two sites that had been created by deed without the benefit of a subdivision plat, as required. One of the two sites consisted of a 'flag stem' with frontage not meeting the requirements of the R-10 zoning district. Accordingly, a Subdivision Variance for the deficiency in lot area was necessary. The staff report for that case indicated that parcel and the subject site were the only parcels in the area that were configured with sufficient lot area capable of meeting the requirements for an additional building site. Staff, therefore, in that case as well as the applicant's current request finds the granting of the requested variance will not be recurring in this area and would not be detrimental to the surrounding area. The proposed use of a single-family dwelling on this lot is compatible with the surrounding residential land uses and ensures the preservation of neighborhood quality, which is one of the Comprehensive Plan's primary planning principles for the Suburban Area. I BRIAN DUNDON Page2of2 Further details pertaining to the applicant's request, as well as Staff's evaluation of the request, are provided in the attached staff report. There was no opposition to the request. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval with the following condition: The subject site shall be plated substantially in accordance with the submitted "Preliminary Subdivision Plat for the Subdivision of Property of Brian J. Dundon, LLC"; dated January 20, 2014 and prepared by Gallup Surveyors and Engineers, Ltd. Said plat has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/AgeJncy: Planning Department1\\\Is) 1 • City Manager: Brian J. Dundon • Awing see Co ralloea9& ors. Op. spas. P.menaa. Subdivision Variance 10 April 9, 2014 Public Hearing APPLICANT/ PROPERTY OWNER: BRIAN J. DUNDON STAFF PLANNER: Ray Odom REQUEST: Subdivision Variance to Section 4.4(b) of the Subdivision Ordinance which requires that all newly created lots meet all the requirements of the City Zoning Ordinance ADDRESS / DESCRIPTION: 449 Old Great Neck Road. GPIN: 14979756530000 ELECTION DISTRICT: SITE SIZE: AICUZ: BEACH 43,659.70 square Greater than 75 dB feet DNL BACKGROUND / DETAILS OF PROPOSAL The subject site is zoned R-10 Residential District. It contains 43,659.70 square feet and is developed with a single-family home. Proposed Lots: It is the intent of the applicant to subdivide the subject site into two lots in order to create an additional building site. Proposed Lot A will be a flag lot with a lot width of 20.28 feet. Proposed Lot B will contain the existing dwelling. The R-10 Residential District requires a minimum 80 -foot lot width. As indicated, Lot A only has a 20.28 foot lot width; therefore, a variance to the minimum lot width requirement is necessary. Lot A meets the minimum lot area requirement and Lot B meets the minimum lot area and lot width requirements. Of note is that the adjoining parcel to the northeast was granted a subdivision variance, on November 26, 2013, to the minimum lot width requirement (flag lot) to legalize a subdivision by deed. The staff report for that variance request noted that the subject site was the only other lot in the area similar in character, and a variance request for lot width could be submitted for the purpose of creating a flag lot. BRIAN J. DUNDON Agenda Item 10 Page 1 I Item Required Lot Lail Lot Width in feet 80 20.28* 89.91 Lot Area in square feet 10,000 29,930.20 13,729.50 *Variance required LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Single-family home SURROUNDING LAND North: • Single-family homes / R-10 Residential District USE AND ZONING: South: • Old Great Neck Road / multi -family dwellings / A-18 Apartment District East: • Single-family homes / R-10 Residential District West: • Single-family homes / townhouses / R-10 Residential District / A-12 Apartment District COMPREHENSIVE PLAN: The Comprehensive Plan designates this area of the City as Suburban Area. The general planning principles for the Suburban Area focus on preserving and protecting the overall character, economic value, and aesthetic quality of stable neighborhoods. Achieving these goals requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surrounding uses. IMPACT ON CITY SERVICES WATER: This site must connect to City water. There is an 8 inch City water line in Old Great Neck Road. SEWER: This site must connect to City sanitary sewer. Analysis of Pump Station #255 and the sanitary sewer collection system is required to ensure future flows can be accommodated. There is an 8 inch City sanitary sewer in Old Great Neck Road. 4 Section 9.3 of the Subdivision Ordinance states: No variance shall be authorized by the Council unless it finds that: A. Strict application of the ordinance would produce undue hardship. 1 B. The authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected. C. The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. D. The hardship is created by the physical character of the property, including dimensions and topography, or by other extraordinary situation or condition of such property, or by the use or development of property immediately adjacent thereto. Personal or self- inflicted hardship shall not be considered as grounds for the issuance of a variance. E. The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized whenever such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance. EVALUATION AND RECOMMENDATION The applicant is requesting a variance to the minimum lot width requirement in order to create a flag lot for the construction of a single-family home. On November 26, 2013 City Council granted a subdivision variance to the minimum lot width requirement, for a flag lot, on an adjoining parcel that had been created by deed without the benefit of a subdivision plat, as required. The staff report for the adjoining parcel indicated that the adjoining parcel and the subject site were the only parcels in the area that had sufficient lot area to meet the requirements for an additional building site and therefore would not be recurring in this area and would not be detrimental to the surrounding area. The proposed use of a single-family dwelling on this lot is compatible with the surrounding residential land uses and ensures the preservation of neighborhood quality, which is one of the Comprehensive Plan's primary planning principles for the Suburban Area. Staff recommends approval of this request with the conditions below. CONDITION The subject site shall be plated substantially in accordance with the submitted "Preliminary Subdivision Plat for the Subdivision of Property of Brian J. Dundon, LLC"; dated January 20, 2014 and prepared by Gallup Surveyors and Engineers, Ltd. Said plat has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this 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. AERIAL OF SITE LOCATION BRIAN J. DUNDON Agenda Item 10 Page 4 OEERWOOD TRACE AOJOINERS IN SOURCE NOW OR FORMERLY -97-4615 LN. 2012052900'588980 REGINA G. BLARE -97-3692 D.B. 2230 P. 18 WILE Al L. FREED -97-3681 0.B. 2330 P. 18 WAUAM L. FREED -97-3559 I.N. 20060824001287370 I JAMES M. McDONALD ET UX T) '090) LEGEND -0- CONCRETED STEEL PW (SET) -.- CONCRETED STEEL PIN (FOUND) 2 FOR CERTIFICATION :'.ND i ODTIONAL NOTES. NOW CR FORMERLY DEERWOOD TRACE CLIC LEAGUE MEMBERSHIP D.B. 2230 P. 16 BEING PARCEL A M.B. 106 P. 4. 5 GPIN: 1497-97-3830 BIG LEAF CT. (50' R/W) M.B. 106 P. 4 DEER WOOD TRACE SEC TICV ONE BLOCK 1 M.B. 106 P. 4 1 1 1 1 4 1 3 1 2 !t 1 NCW OR FORMERLY KEVIN WATSON I.N. 20003827001013810 BEING C-1 I 200503310047493 (PLAT) GPIN: 1437-97- 4557 1408 OR FORMERLY EDWIN S. ATKEISON, ET UX L14. 2013010900.-)37900 BEING B-1 I,N 200503310047490 (PLAT) CP19.1497-97-5512 3 mn NOW OR FORMERLY '? _ PROPOSED RICARDO S. SONGCO, ET ALL?, = LOT B I.N. 200505260079F95 a 13.7.9.5 SC. ET, 0 BEING A-1 IN 200503310047490 (PLAT) GRIN:1497-97-54E6 25 R,43-8 0 95.27' 89.91' w N 29'30'16' E 109.68' (109.8' DEED) of PROPERTY OF \ `81-'.:;.14 J. OUNCC'y SIN: 1497-n7-565 m PROPOSED LOT A 29,930.2 SO. FT. 5 29'39'01" W 89.69' NEW R N NOW CR FORMERLY RICHARD L BRUNN 0.8. 4382 P. 276 BEING 8 .1.8 112 P. 44 GPIN: 1497-97-3965 11: 3477823.5600 1: 12199385.0700 LOT C NOW OR FORMERLY PATRICIA DREW I.N.20051205001935270 GPIN: 1497-97-6686 20 28' 20.29' S 29'39'01 W - 110.20'(109.80' DEED) - 235.06' - OLD GREAT NECK ROAD (40' R/W) FORMERLY „BEAT NECK ROA: - M.B. 3'+ P. 44) M.B. 289 P. 14 14:3477568.4433 6 12199697.0298 C' 103' Zta 9PSf c14\9t PS ‘51,&%453 .S PP 5-t5 0,0 S� tiE Y. 40_00 00 `Q�+JrvS Cp0 CL 'INA ELECTRIC 1 1 3WER COM=ANY EASEMENT (M.B. 112 0, 144) (UNSPECIFIED WIDTH - 41.9. 2C P. 45) PROPOSED SUBDIVISION PLAN BRIAN J. DUNDON 'z Agenda Item 10 } Page5 OUR NAS10 BEACH \Tal,1-6 Brian J. Dundon 'Zoning with Conditions/Proffers, Open Space Promotion Subdivision Variance ZONING HISTORY # DATE REQUEST ACTION 1 02/25/1992 Subdivision Variance (minimum lot width) / Conditional Use Permit (group home) Withdrawn 1 11/26/2013 Subdivision Variance (minimum lot width) Approved BRIAN J. DUNDON Agenda Item 10 Page 6 rDISCL0SuRE 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) Brian J. Dundon 2. List all businesses that have a parent -subsidiary) or affiliated business entity2 relationship with the applicant: (Attach list if necessary) © Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary) or affiliated business entity2 relationship with the applicant: (Attach list if necessary) Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 1 & 2 See next page for footnotes Does an official or em loyee of the City of Virginia Beach have an interest in the subject land? Yes II No If yes, what is the name of the official or employee and the nature of their interest? Subdivision Variance Application Page 9 of 10 Revised 11/1/2013 DISCLOSURE STATEMENT BRIAN J. D NOON Agenda tem 10 age 7 DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) Gallup Surveyors & Engineers, Ltd. Sykes, Bourdon, Ahern & Levy, P.C. ' "Parent -subsidiary relationship" means °a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation? See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 °Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (1) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to ph• = • = ph and view the site for purposes of processing and evaluating this application. Appl ant's Signature Brian J. Dundon Print Name Property Owner's Signature (if different than applicant) Print Name Subdivision Variance Application Page 10 of 10 Revised 11/1/2013 DISCLOSURE STATEMENT BRIAN J. Dt NIKON Agenda; tem 10 age 8 Item #10 Brian J. Dundon Variance to Section 4.4(b) of the Subdivision Ordinance 449 Old Great Neck Road District 6 Beach April 9, 2014 CONSENT An application of Brian J. Dundon for a Subdivision Variance to Section 4.4(b) of the Subdivision Ordinance which requires that all newly created lots meet all the requirements of the City Zoning Ordinance on property located at 449 Old Great Neck Road, District 6, Beach. GPIN: 14979756530000. CONDITIONS The subject site shall be plated substantially in accordance with the submitted "Preliminary Subdivision Plat for the Subdivision of Property of Brian J. Dundon, LLC"; dated January 20, 2014 and prepared by Gallup Surveyors and Engineers, Ltd. Said plat has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. A motion was made by Commissioner Hodgson and seconded by Commissioner Horsley to approve item 10. AYE 9 NAY 0 ABS 0 ABSENT 2 BROCKWELL AYE HODGSON AYE HORSLEY AYE INMAN ABSENT OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI ABSENT RUSSO AYE THORNTON AYE WEINER AYE By a vote of 9-0, the Commission approved item 10 by consent. Eddie Bourdon appeared before the Commission on behalf of the applicant. 0 0 Q a 0. 0 a) 0 L k 2 N C 0 0 0 V 0) 0 0 N ITEM: JAMES E. & BETHANY S. VAUGHAN (Applicant) / ROBERT P. VAUGHAN (Owner) 1. Variance to Section 4.4(d) of the Subdivision Ordinance. The requested variance will allow for the creation of a lot with no direct access to a public right-of-way. 2. Conditional Use Permit for an Alternative Residential Development. 2388 Vaughan Road (GPIN 2401287374). COUNCIL DISTRICT —PRINCESS ANNE. MEETING DATE: May 13, 2014 • Background: The applicants desire to create one new lot for the purpose of providing a residential building site for a family member. There are two parcels important to the desire of the applicants to create the new lot: an existing 28.99 -acre lot and an existing 29.28 -acre lot. The two lots were created in 2005 from a 58.27 -acre parcel. To create the new lot, a Subdivision Variance and a Conditional Use Permit for an Alternative Residential Development are necessary, as explained below. • Considerations: The 29.28 -acre parcel, which has an existing single-family dwelling, is also occupied by a mobile home for a family member. A subdivision of this 29.28 -acre parcel is proposed for the purpose of creating the additional building lot. The proposed new lot, however, will not have frontage on a public street as required by Section 4.4(d) of the Subdivision Ordinance. The applicant, therefore, is requesting a Variance to that provision of the Subdivision Ordinance. The 28.99 -acre parcel contains an existing single-family home, which is also occupied by a family member. This parcel was created through the approval by City Council in 2004 of a Subdivision Variance to the requirement for a lot to have frontage on a public street. The two parcels were created after June 28, 1994, when the current regulations pertaining to residential density in the Agricultural Districts were adopted. Those regulations allow the subdivision of a parcel created prior to June 28, 2004 into one additional lot. In the current case, however, that ability has been previously utilized with the division of the larger lot in 2005. li JAMES & BETHANY VAUGHAN Page 2 of 2 To create the additional lot, the applicants are requesting approval of an Alternative Residential Development, which utilizes soil types to determine density. Further details pertaining to this proposal, as well as Staffs evaluation of the request, are provided in the attached staff report. There was no opposition to the request. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request to the City Council with the conditions below: 1. The subject site shall be platted and developed substantially in accordance with the submitted "Preliminary Subdivision Plat for the Subdivision of Property of Robert P. Vaughan and Karen G. Vaughan Being Residual Parcel"; dated December 20, 2013 and prepared by Gallup Surveyors and Engineers, Ltd. Said plat has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 2. The proposed access must be constructed and maintained to accommodate 75,000 pounds of imposed vehicle loading in order to support a fire apparatus. A vertical clearance of 13 feet 6 inches must be maintained over the access. 3. A private access easement shall be place over the shared portion of the existing private roadway and driveway for the benefit of Parcel A-3. • Attachments: Staff Report 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: PRINCESS ANNE p1-1uz kw $ James E. & Bethany S. Vaughan • Zan.. C..ew..N,un.... OP.r Sp.. Pfaff.* ARP.Ayk.1✓.l Rotors Norm O..Yy CUP for Alternative Residential Development Subdivision Variance 1 1 April 9, 2014 Public Hearing APPLICANT: JAMES E. & BETHANY S. VAUGHAN PROPERTY OWNER: ROBERT P. VAUGHAN STAFF PLANNER: Ray Odom REQUESTS: Subdivision Variance to Section 4.4(d) of the Subdivision Ordinance which requires that all newly created lots have direct access to a public street Conditional Use Permit (Alternative Residential Development) ADDRESS / DESCRIPTION: 2348 Vaughan Road / terminus of Vaughan Road GPIN: 24012873740000 ELECTION DISTRICT: SITE SIZE: AICUZ: PRINCESS ANNE 29.28 acres <65 dB DNL BACKGROUND / DETAILS OF PROPOSAL It is the intent of the applicants to create one new residential lot for a family member, and a Conditional Use Permit for Alternative Residential Development is being requested. This application technically consists of two parcels, an existing 29.28 acre parcel and an existing 28.99 acre parcel for a total of 58.27 acres. The 29.28 acre parcel contains an existing single family home, which is occupied by a family member, and a mobile home for a family member. This parcel will be subdivided to create the additional building lot. The 28.99 acre parcel, existing Parcel A-2, contains an existing single family home, which is also occupied by a family member. This parcel was granted a subdivision variance for not having frontage on a public street in 2004 and officially subdivided from the original 58.27 acre parcel in 2005. These parcels were created after June 28, 1994, when the current ordinance concerning residential density in the Agricultural Districts was adopted. Therefore, the one additional, by right, residential lot option has been utilized. Residential density must now be calculated based on soil types and include any residential parcels that were created from the original parcel after June 28, 1994. JAMES E. & BETHANY S. VAUGHAN Agenda Item 11 Page 1 The subject parcels contain 20.82 acres of class I soils and 18.17 acres of class II soils. Based on one dwelling unit per every five acres of class I soils and one dwelling unit per every ten acres of class II soils, as permitted under alternative residential development, three additional new residential Tots could be requested. The proposed new residential lot, Parcel A-3, will not front on a public street and a variance is required. The lot will total 18.98 acres. Access to the site will be via an existing gravel private roadway that serves a family member residing in the existing residence on existing Parcel A-2 and an existing residence at the end of the roadway. Each property owner utilizing the roadway has a separate ingress/egress easement. Access from the private roadway will be via a 20 -foot ingress/egress/utility easement to be placed over the adjoining family member's existing driveway. Approximately, two-thirds of the new residential site is forested and is in the floodplain. The cleared high ground is currently utilized as pasture for livestock. The proposed residence is being located to the rear of the high ground in the area of the best soils for the septic drainfield and where the residence would be less intrusive to the existing farming operation. Health Department approval has been obtained for the proposed lot. 4 LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Single-family home / mobile home for a family member / pasture land SURROUNDING LAND North: • Forested / AG -1 Agricultural District USE AND ZONING: South: • Single-family homes / pasture and cultivated fields / AG -1 and AG -2 Agricultural Districts East: • Forested / AG -1 Agricultural District West: • Forested / AG -1 Agricultural District NATURAL RESOURCE AND CULTURAL FEATURES: Portions of the site are forested and are in floodplain. COMPREHENSIVE PLAN: The Comprehensive Plan designates the subject property as being located within the Rural Area. The Rural Area lies south of Indian River Road from North Landing Road to Muddy Creek and Back Bay and extends to the North Carolina Border. The physical character of this area is low, flat land with wide floodplains and altered drainage. It is a place that still contains working farms, farm related businesses, and limited non-residential areas along with some scattered housing sites. There is a significant presence of existing agriculture and rural -based economic activities in this part of Virginia Beach. The City's Rural Preservation Plan policies seek to: • preserve and promote the opportunity for continued agricultural production; • recognize the rural character and the need to preserve its open space and scenic beauty; • protect and sustain environmental resources for future generations; • provide reasonable rural development opportunities; and, • eliminate the need for urban infrastructure. 4 JAMES E. & BETHANY S. VAt1 AN,. Agenda Itea , 11 Page 2 EVALUATION AND RECOMMENDATION The applicants are requesting to create one new residential lot for a family member. The Comprehensive Plan's Rural Development Guidelines recognize the rural character of the area and seek to preserve and promote the opportunity for continued agricultural production while providing reasonable rural development opportunities. In this case, the applicants are requesting one additional building site for a family member. The dwelling is being located to the rear of the high ground on the site in order to utilize the area of the best soils for the septic drainfield and where the residence would be less intrusive to the existing farming operation. Therefore, this request is in keeping with the Rural Development Guidelines of the Comprehensive Plan. Staff recommends approval of this request with the conditions below. CONDITIONS 1. The subject site shall be platted and developed substantially in accordance with the submitted "Preliminary Subdivision Plat for the Subdivision of Property of Robert P. Vaughan and Karen G. Vaughan Being Residual Parcel"; dated December 20, 2013 and prepared by Gallup Surveyors and Engineers, Ltd. Said plat has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 2. The proposed access must be constructed and maintained to accommodate 75,000 pounds of imposed vehicle loading in order to support a fire apparatus. A vertical clearance of 13 feet 6 inches must be maintained over the access. 3. A private access easement shall be place over the shared portion of the existing private roadway and driveway for the benefit of Parcel A-3. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. JAMES E. & BETHANY1S . VAIUG AN. ,Agenda Ite 11 Pane 3 AERIAL OF SITE LOCATION JAMES E. & BETHANY S. VAUGHAN Agenda Item 11 Page 4 CP.NONKALJN Or VIROMvA DEnMTUENT Or CCRSERVATON i RECREATpW BRANCN Cf NESTNECK CREEK J •:•M• ULT. fICCOPORA1CO Df MIMI% / ..r. • v PARCEL Ra m u MMES IPA r, wp(N Mint Of INC RL.00ALLL LPPAI TRUST Ap[LYOIT Of 8( F. Meal , u. Ir VAUCNAN ROAD 00' i VAR R/N# • STEVEN C i 110401(C 8NCO DONNA Y. VAUONA4 •MCL A air N:• Y •t+.•.• Mat V. EARL. LT K •! n •441 .I .« �t�•x'ScT TAEUAY P VAUO•M & O(ANADETIC g VAUDNAN ! . • • •Ii HI:- •y. TIM WANT it ./WA MOVER VAlXMAN • LR 10MAM OOU:.LAS 8 PROPOSED SUBDIVISION AND DEVELOPMENT PLAN JAMES E. & BETHANY S. VAUGHAN Agenda Item 11 Page 5 L H 11 III PRINCESS ANNE Map I-12 Mai to Scale James E. & Bethany S. Vau han ' Zoning with Conditions/Proffers, Open Space Promotion ARP • Agricultural Reserve Program Overlay CUP for Alternative Residential Development Subdivision Variance ZONING HISTORY # DATE REQUEST ACTION 1 05/28/2013 Subdivision Variance (no direct access to a public street and minimum lot area due to the floodplain) Approved 2 11/22/2011 Subdivision Variance (no direct access to a public street) Approved 3 08/24/2004 Subdivision Variance (no direct access to a public street) Approved JAMES E. & BETHANY S. VAUGHAN Agenda Item 11 Page 6 DISCLOSURE STATEMENT IIAPPLICANT 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) James E. Vaughan & Bethany S. Vaughan 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) F, Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Robert P. Vaughan & Karen G. Vaughan 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 1 & 2 See next page for footnotes Does an official or em loyee of the City of Virginia Beach have an interest in the subject land? Yes II No El If yes, what is the name of the official or employee and the nature of their interest? Conditional Use Permit Application Page 9 0110 Revised 11/1/2013 DISCLOSURE STATEMENT JAMES E. & BETHANY'S. VAUGAN. Agenda Item 11 Pae7 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) Gallup Surveyors & Engineers, Ltd. Adams So pii _ Evciliaa--i c,' A Desicin Lafnec t�esicicn-4;fku QSign 1 Parent -subsidiary relationship" means 'a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local 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, (11) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Govemment Conflict of Interests Act, Va. Code § 2.2-3101. -- CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. re Applidant's Signet Jame Vaughan Print Name Property Owner's Signature (if di erg. Vaughan/)t Ifv& Print Name URu� Conditional Use Permit Application Page 10 of 10 Revised 11/1/2013 DISCLOSURE STATEMENT JAMES E. & BETHANY S. VAUGHAN Agenda Item 11 Page 8 I Item #11 James E. & Bethany S. Vaughan Variance to Section 4.4(d) of the Subdivision Ordinance Conditional Use Permit 2388 Vaughan Road District 7 Princess Anne April 9, 2014 CONSENT An application of James E. & Bethany S. Vaughan for a Subdivision Variance to Section 4.4(d) of the Subdivision Ordinance which requires that all newly created Tots have direct access to a public street and an application of James E. & Bethany S. Vaughan for a Conditional Use Permit (Alternative Residential Development) on property located at 2348 Vaughan Road / terminus of Vaughan Road, District 7, Princess Anne. GPIN: 24012873740000. CONDITIONS 1. The subject site shall be platted and developed substantially in accordance with the submitted "Preliminary Subdivision Plat for the Subdivision of Property of Robert P. Vaughan and Karen G. Vaughan Being Residual Parcel"; dated December 20, 2013 and prepared by Gallup Surveyors and Engineers, Ltd. Said plat has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 2. The proposed access must be constructed and maintained to accommodate 75,000 pounds of imposed vehicle loading in order to support a fire apparatus. A vertical clearance of 13 feet 6 inches must be maintained over the access. 3. A private access easement shall be place over the shared portion of the existing private roadway and driveway for the benefit of Parcel A-3. A motion was made by Commissioner Hodgson and seconded by Commissioner Horsley to approve item 11. AYE 9 NAY 0 ABS 0 ABSENT 2 BROCKWELL AYE HODGSON AYE HORSLEY AYE INMAN ABSENT OLIVER AYE REDMOND AYE 1 Item #11 James E. & Bethany S. Vaughan Page 2 RIPLEY AYE RUCINSKI RUSSO AYE THORNTON AYE WEINER AYE By a vote of 9-0, the Commission approved item 11 by consent. ABSENT Eddie Bourdon appeared before the Commission on behalf of the applicant. ..i..)61.11io..........i•illr L Modification of Conditions (Subdivision Variance) `Zoning with Conditions/Proffers, Open Space Promotion CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: GREAT NECK, L.P. & CHANNEL POINTS, LLC (Applicant & Owner), Modification of Conditions of a Subdivision Variance approved on 9/24/1996. 1903 Channel Points Lane (GPIN 1489952368). COUNCIL DISTRICT — LYNNHAVEN MEETING DATE: May 13, 2014 • Background: The subject lot is zoned R-40 Residential, and prior to 1996, was part of a larger 3.9 -acre parcel. In 1996, a Subdivision Variance was granted allowing the division of the lot into two Tots that met or exceeded dimensional requirements of the R-40 District with the exception of the required minimum lot width of 125 feet. The Subdivision Variance has two conditions. One condition requires connection to the City sanitary sewer system. The second condition limits the area of development to the Resource Management Area. The applicant is requesting modification of the second condition, which will allow the construction of a pool and a portion of the proposed house within the Resource Protection Area (RPA), which is the more stringently regulated portion of the Chesapeake Bay Preservation Area. • Considerations: The City's definition of the RPA is more inclusive than the minimum requirements of the Commonwealth. This expanded definition includes a variable width buffer that extends 100 feet from the top of the bank. All other localities in Virginia define the RPA as the area 100 feet from the edge of water and marsh. Under certain conditions, encroachment into the RPA may be permitted. The applicant has indicated the desire to protect a 33 -inch Poplar tree. In order to protect and preserve the tree while retaining the desired site layout and house design, the development, other than the driveway, must be shifted to the west to avoid the large tree. While the proposed pool and a corner of the home are depicted within the 100 -foot wide variable width buffer, the closest point from the edge of the marsh to the improvements is approximately 118 feet. The Chesapeake Bay Preservation Area Staff has reviewed the modification request and noted that such a change can be reviewed administratively and has no objection to the modification of Condition 2. Further details pertaining to site layout and building design, as well as Staff's evaluation of the request, are provided in the attached staff report. GREAT NECK, LP & CHANNEL POINTS, LLC Page 2 of 2 There was no opposition to the request. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request to the City Council as proffered / with the following conditions. 1. All conditions attached to the Subdivision Variance granted by the City Council on September 24, 1996 are deleted and are replaced with the conditions listed below. 2. With the exception of any modifications required by any of these conditions or as a result of development site plan review, the site shall be developed substantially in conformance with the plan entitled, "Improvement Exhibit," prepared by WPL, dated 02/25/2014. 3. A Tree Protection and Preservation Plan prepared by a Certified Arborist and/or a Landscape Architect that include specific techniques required to save and preserve the 33 -inch Poplar tree, as identified on said plan in condition 2 above, shall be submitted to the Development Services Center (DSC) and accepted by the DSC's Landscape Architect prior to issuance of final site plan approval. 4. An Arborist Report, prepared by a Certified Arborist or other professional deemed acceptable by the DSC's Landscape Architect, shall be submitted during final site plan review. In the event that it is determined that the health of the 33 -inch Poplar tree (identified on the plan in condition 2 above) is in decline or that due to construction and/or other activities on the site the tree cannot be saved, no development shall be permitted within the Resource Protection Area. 5. Parcel Z, as depicted on said plan referenced above in condition 2, shall connect to City sewer. • Attachments: Staff Report 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: LYNNHAVEN Great Neck, L.P. & Channel Points L.L.C. • Zemin. .r [..ai.sPMlr. -Y. iy.s. /io.nai.n Modification of Conditions (Subdivision Variance) 15 April 9, 2014 Public Hearing APPLICANT & PROPERTY OWNER: GREAT NECK, LP & CHANNEL POINTS, LLC STAFF PLANNER: Carolyn A.K. Smith REQUEST: Modification of a Subdivision Variance approved by the City Council on September 24, 1996 ADDRESS / DESCRIPTION: 1903 Channel Points Lane GPIN: ELECTION DISTRICT: SITE SIZE: 14899523680000 LYNNHAVEN 1.1 acres AICUZ: Less than 65 dB DNL 4 BACKGROUND / DETAILS OF PROPOSAL The Subdivision Variance permitting the creation of this lot was approved by the City Council in 1996. The approval allowed the subdivision of 3.9 acres into two, single family parcels, each having less than the required lot width of 125 feet. Both lots exceed the minimum lot size of 40,000 square feet and the minimum lot area outside of water and wetlands of 24,000 square feet. The request was approved with two conditions: one requires a connection to City sanitary sewer and the second limits development to the Resource Management Area. The request is to modify condition 2 in order to construct the proposed house and pool in the Resource Protection Area, the more stringently regulated portion of the Chesapeake Bay Preservation Area. 4 LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: single-family dwelling • GREAT NECK, LP & CHANNEL POINTS, LLC Agenda Item 15 Page 1 SURROUNDING LAND North: USE AND ZONING: South: East: West: NATURAL RESOURCE AND CULTURAL FEATURES: • Single-family dwellings / R-40 Residential District • Single-family dwellings / R-40 Residential District • Channel Points Lane • Single-family dwellings / R-40 Residential District • Brock Cove, Lynnhaven River The property is located in the Chesapeake Bay watershed and specifically in the Resource Protection Area, the most stringently regulated portion of the Chesapeake Bay Preservation Area. Brock Cove, part of the Lynnhaven River system, is directly to the west of the site. COMPREHENSIVE PLAN: The Comprehensive Plan designates this site as within the Suburban Area. The general planning principles for the Suburban Area focus on preserving and protecting the overall character, economic value, and aesthetic quality of stable neighborhoods. Three key planning principles have been established in the Comprehensive Plan to promote this stability: preserve neighborhood quality, create and protect open spaces, and connect suburban mobility. 4 IMPACT ON CITY SERVICES There will be no impacts on City services as a result of this request. 4 EVALUATION AND RECOMMENDATION The subject 1.1 -acre site was created with a Subdivision Variance to lot width in 1996. Staff recommended approval of the variance subject to two conditions that required connection to City sewer and prohibited any development with the limits of the Resource Protection Area (RPA), the most stringently protected portion of the Chesapeake Bay Preservation Area. The City of Virginia Beach's RPA definition is more inclusive than the minimum required by the Commonwealth. This expanded definition includes a variable width buffer that extends 100 feet from the top of the bank. All other localities in Virginia define the RPA as the area 100 feet from the edge of water and marsh. Under certain conditions, encroachment into the RPA may be permitted. The applicant has indicated the desire to protect a 33 -inch Poplar tree. In order to accomplish this with applicant's desired layout site layout and house design, the development, other than the driveway, must be shifted to the west to avoid the large tree. While the proposed pool and a corner of the home are depicted within the 100 -foot wide variable width buffer, the closest point from the edge of the marsh to the improvements is approximately 118 feet. The Chesapeake Bay Preservation Area Staff has reviewed the modification request and noted that such a change can be reviewed administratively and has no objection to the modification of Condition 2. Staff recommends approval of this requested modification, as conditioned below. GREAT NECK, LP & CHANNEL`P©INTS Agenda Iter. Pad 4 CONDITIONS 1. All conditions attached to the Subdivision Variance granted by the City Council on September 24, 1996 are deleted and are replaced with the conditions listed below. 2. With the exception of any modifications required by any of these conditions or as a result of development site plan review, the site shall be developed substantially in conformance with the plan entitled, "Improvement Exhibit," prepared by WPL, dated 02/25/2014. 3. A Tree Protection and Preservation Plan prepared by a Certified Arborist and/or a Landscape Architect that include specific techniques required to save and preserve the 33 -inch Poplar tree, as identified on said plan in condition 2 above, shall be submitted to the Development Services Center (DSC) and accepted by the DSC's Landscape Architect prior to issuance of final site plan approval. 4. An Arborist Report, prepared by a Certified Arborist or other professional deemed acceptable by the DSC's Landscape Architect, shall be submitted during final site plan review. In the event that it is determined that the health of the 33 -inch Poplar tree (identified on the plan in condition 2 above) is in decline or that due to construction and/or other activities on the site the tree cannot be saved, no development shall be permitted within the Resource Protection Area. 5. Parcel Z, as depicted on said plan referenced above in condition 2, shall connect to City sewer. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. GREAT NECK, LP & CHANNEL'POINTS , LC Agenda Ite 15 Page -3 Conditions of the 1996 Subdivision Variance 1. The subdivision must connect to City sewer. 2. The following note shall be placed on the final plat: On Lot Y-2, development shall not occur within the Resource Protection Area. AERIAL OF SITE LOCATION GREAT NECK, LP & CHANNEL POINTS, LLC Agenda Item 15 Page 4 PROPOSED SITE LAYOUT GREAT NECK, LP & CHANNEL POINTS, LLC Agenda Item 15 Page 5 2 • ;;,{aw d5 , I 0 - r t i U i o PLOT DATE. FEBRUARY 28, 2014 PLAN STATUS. CITY SUBMITTAL ••, xI 1181HX3 IN3W3/10tldWl vw, N. . . �. ,.. 11 4, a i; g I I kflii 39N30c63a SWrOr '_, YH98IA HOV38 HOA H31lW 'Y 3WGfrH1VN A m., ,n.. ,o .tee rda 111 LBtl1X3 Nr7d 3.35 Alnrd ilOHi87 '1%UYd 8 Y ;� c `,a i y r W aye n. 1 i Y _ i i f (t 3 k 3 i ' ;, F i t e r F € • 11 1 e i `1 i \- ; `y LOCATION MAP Q 113€ Mid i d�i� MIA w _, < U �n 0' a ..i v It 4 1 /2 �.'� i 1 i �@ C +� !°i I � \ 11 \ �, I i+ ! ;Ili I , `. 11 " 8 gyp• a \ `. ` .' I .� ..w �a-j-r-1 I / •4 i.N ^ 1 rNr�i /I 11 , / +yam ' 1r 1 ; \ -- �\ l ' 1 `\ \ \ \\ \, \` .. �N \/� '..s,----. -1 PROPOSED SITE LAYOUT GREAT NECK, LP & CHANNEL POINTS, LLC Agenda Item 15 Page 5 2 • ;;,{aw d5 , I LYNNHAVEN T., Great Neck, L.P. & Channel Points L.L.C. ' Zoning with ConditionaiProffers, Open Space Promotion Modification of Conditions (Subdivision Variance) ZONING HISTORY # DATE REQUEST ACTION 1 09/24/96 Subdivision Variance Granted 2 12/07/87 Subdivision Variance Granted 3 05/12/80 Subdivision Variance Granted GREAT NECK, LP & CHANNEL POINTS, LLC Agenda Item 15 Page 6 1_1 1. Does an official or em loyee of �the City of Virginia Beach have an interest in the r{ subject land? Yes No Inl 1 J If yes, what is the name of the official or employee and the nature of their interest? 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) Great Neck, LP: Channel Points, LLC, General Partner; Newton B. Miller, Limited Partner Channel Points, LLC: Newton B. Miller, Member; William R. Miller, Executor of the Estate of Katharine Byrd Miller 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) III Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary) or affiliated business entity2 relationship with the applicant: (Attach list if necessary) nCheck here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 1 & 2 See next page for footnotes Modification of Conditions Application Page 8 of 9 Revised 1111/2013 DISCLOSURE STATEMENT GREAT NECK, LP & CHANNELfP©1N1S,. .0 Agenda Item 15 Pale 7 LDISCLOSURE 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 ' "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means 'a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entitles; 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: !certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property et least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planningt h and view the site for purposes of processing and evaluating this application. • Applicant's Signature W .LL R. rK1.�telz /VEL)T0 (V\,LLER Print Name /1/14 Property Owner's Signature (if different than applicant) Print Name Modification of Conditions Application Page 9 of 9 Revised 11/1/2013 DISCLOSURE STATEMENT GREAT NECK, LP & CHANNEL POINTS, LLC Agenda Item 15 Page 8 1 Item #15 Great Neck L.P. & Channel Points, L.L.C. Modification of Conditions 1903 Channel Points Lane District 5 Lynnhaven April 9, 2014 CONSENT An application of Great Neck L.P & Channel Points, L.L.C. for a Modification of a Subdivision Variance approved by the City Council on September 24, 1996 on property located at 1903 Channel Points Lane, District 5, Lynnhaven. GPIN: 14899523680000. CONDITIONS 1. All conditions attached to the Subdivision Variance granted by the City Council on September 24, 1996 are deleted and are replaced with the conditions listed below. 2. With the exception of any modifications required by any of these conditions or as a result of development site plan review, the site shall be developed substantially in conformance with the plan entitled, "Improvement Exhibit," prepared by WPL, dated 02/25/2014. 3. A Tree Protection and Preservation Plan prepared by a Certified Arborist and/or a Landscape Architect that include specific techniques required to save and preserve the 33 - inch Poplar tree, as identified on said plan in condition 2 above, shall be submitted to the Development Services Center (DSC) and accepted by the DSC's Landscape Architect prior to issuance of final site plan approval. 4. An Arborist Report, prepared by a Certified Arborist or other professional deemed acceptable by the DSC's Landscape Architect, shall be submitted during final site plan review. In the event that it is determined that the health of the 33 -inch Poplar tree (identified on the plan in condition 2 above) is in decline or that due to construction and/or other activities on the site the tree cannot be saved, no development shall be permitted within the Resource Protection Area. 5. Parcel Z, as depicted on said plan referenced above in condition 2, shall connect to City sewer. A motion was made by Commissioner Hodgson and seconded by Commissioner Horsley to approve item 15. AYE 9 NAY 0 ABS 0 ABSENT 2 I Item #15 Great Neck L.P. & Channel Points, L.L.C. Page 2 BROCKWELL AYE HODGSON AYE HORSLEY AYE INMAN OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI RUSSO AYE THORNTON AYE WEINER AYE By a vote of 9-0, the Commission approve item 15 by consent. ABSENT ABSENT Eddie Bourdon appeared before the Commission on behalf of the applicant. Modification of Proffers U BEq CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: R & J PETRO DBA STUDIOS 4 LESS (Applicant) / THE RAMSEY-WHITE COMPANY, L.C. (Owner), Modification of Proffers of a Change of Zoning approved on 12/4/2013. Request is to modify the proffers to allow conversion of the former nightclub space to 18 motel rooms. 717 South Military Highway (GPIN 1456275342). COUNCIL DISTRICT — KEMPSVILLE. MEETING DATE: May 13, 2014 • Background: In 2012, the Virginia Beach City Council approved a Change of Zoning request on this site from H-1 Hotel and B-1 Business Districts to Conditional B-4 Mixed Use District. The approval authorized the transition of a building used in the past as a nightclub and bar into a mixed-use structure with limited permitted uses of medical office, beauty or barber shop, convenience store and hotel administrative office and lobby. The applicant now proposes to modify the 2012 Conditional Zoning Agreement (CZA) to replace the previously proffered uses for the former nightclub building with up to 18 hotel units. The applicant is aware that any conversion to a residential use requires compliance with Building Code requirements for such use as well as the need to obtain the necessary building permits. The applicant has been encouraged to meet with the Building Official to discuss building code requirements. • Considerations: Consistent with the 2012 proposal, the redevelopment of this site will have three phases. Phases 1 and 2 include repainting the existing hotel buildings in earth tone colors of cream, sand, and beige. Phase 3 of the project involves the construction of two additional one-story hotel buildings with up to 24 lodging units in each building, for a total of 154 lodging units. This request for a modification to the proffers for up to 18 more hotel rooms in the previously designated mixed use building would result in a total of 172 lodging units. Further details pertaining to site layout and building design, as well as Staffs evaluation of the request, are provided in the attached staff report. There was no opposition to the request. R&J PETRO — STUDIOS 4 LESS Page 2 of 2 • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request to the City Council as proffered. All of the proffers of the 2012 Conditional Zoning Agreement (contained in the attached staff report) remain in effect with the exception of Proffer 4, which is replaced with the following: "4. The former nightclub area shall be developed into not more than 18 motel room units which shall be similar in size and design to the other motel room units located upon the Property." • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department ,`4 k. City Manager: KEMPSVILLE b5 R&J Petro d/b/a Studios 4 Less Modification of Proffers D1 April 9, 2014 Public Hearing APPLICANT & PROPERTY OWNER: R&J PETRO D/B/A STUDIOS 4 LESS STAFF PLANNER: Carolyn A.K. Smith REQUEST: Modification of Conditional Change of Zoning approved by the City Council on December 4, 2012, from H- 1 Hotel District and B-1 Business District to Conditional B-4 Mixed Use District ADDRESS / DESCRIPTION: 717 South Military Highway GPIN: ELECTION DISTRICT: SITE SIZE: 14562753420000 KEMPSVILLE 4.10 acres AICUZ: Less than 65 dB DNL APPLICATION HISTORY: The request was indefinitely deferred by the Planning Commission on November 13, 2013 in order for the applicant to obtain an original signature from the property owner. 4 BACKGROUND / DETAILS OF PROPOSAL In 2012, the Virginia Beach City Council approved a Change of Zoning request on this site from H-1 Hotel and B-1 Business Districts to Conditional B-4 Mixed Use District. The approval authorized the transition of a building used in the past as a nightclub and bar into a mixed-use structure with limited permitted uses of medical office, beauty or barber shop, convenience store and hotel administrative office and lobby. The applicant proposes to modify the 2012 Conditional Zoning Agreement (CZA) to replace the previously proffered uses for the former nightclub building with up to 18 hotel units. The applicant is aware that any conversion to a residential use requires compliance with Building Code requirements for such use as well as the need to obtain the necessary building permits. The applicant has been encouraged to meet with the Building Official to discuss building code requirements. Consistent with the 2012 proposal, the redevelopment of this site will have three phases. Phases 1 and 2 include repainting the existing hotel buildings in earth tone colors of cream, sand, and beige. Phase 3 of the project involves the construction of two additional one-story hotel buildings with up to 24 lodging units in each building, for a total of 154 lodging units. This request for a modification to the proffers for up to 18 R&J PETRO, INC. Agenda Item D1 Page 1 more hotel rooms in the previously designated mixed use building would result in a total of 172 lodging units. The revised building elevation is provided below in this report. Also with this request, a modification to the proffered Landscape Plan to eliminate the berms along western and southern lot lines is proposed. Other than the berms, the revised Landscape Plan contains all of the original landscape elements in the 2012 proposal: foundation plantings, pedestrian walkways of stamped concrete, new plant material along South Military Highway and the required screening along the western and southern property lines. As in 2012, the introduction of stormwater management to this site is depicted on the northwestern portion of the site. While the plan labels the proposed BMP as part of Phase 3 of the redevelopment of the property, the stormwater management obligation as well as the type and timing of stormwater treatment measures required will occur as deemed necessary by the Development Services Center through the final site plan review process. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Motel and parking lot SURROUNDING LAND North: USE AND ZONING: South: East: West: NATURAL RESOURCE AND CULTURAL FEATURES: • Office uses / B-1 Business District • Multi -family dwellings / A-18 Apartment District Auto repair / B-2 Community Business District • South Military Highway Office -warehouse /1-1 Light Industrial District • Office -warehouse / B-2 Community Business District • Multi -family dwellings / A-18 Apartment District The site is within the Chesapeake Bay watershed. The majority of the site is impervious as it is developed with a motel and parking lot. There does not appear to be any natural or cultural resources on this site. COMPREHENSIVE PLAN: The Comprehensive Plan designates this site as Suburban Area — Suburban Focus Area 8, Military Highway Corridor. The Military Highway Corridor is a one and one half mile corridor along Military Highway, with low to medium density residential to the west, Tight industrial uses to the east, the Elizabeth River to the north and the City of Chesapeake to the south. The general pattern of land uses along this corridor has remained unchanged for decades. Recommendations for the corridor include replace industrial uses with compatible uses such as medium density residential, office, hotel, and institutional uses, land use changes adjacent to existing stable neighborhoods must be compatible uses, and employ appropriate buffering, access points should be limited along Military Highway and new and redeveloped uses should improve the aesthetics of this corridor through high quality building design, signage and landscaping. 4 • IMPACT ON CITY SERVICES R&J PETRO, INC. Agenda Item D1 Page 2 MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): South Military Highway in the vicinity of this application is an eight -lane divided, major, urban arterial. The MTP proposes a six -lane facility within a 150 -foot wide right-of-way. No CIP projects are approved for this area. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic South Military Highway 51,543 ADT 1 34,940 ADT 1(Level of Service "C") - 64,260 ADT 1 (Level of Service "E") Existing Proffered Land Uses 2-1,878 ADT Proposed Land Use 3 —1,552ADT ' Average Daily Trips las defined by 171 hotel rooms and 11,200 SF of retail Sas defined by 190 hotel rooms WATER: This site is currently connected to City water. The existing Omni water meter may be used or upgraded to accommodate the proposed redevelopment. There is an existing 20 -inch and an existing 8 - inch City water main along South Military Highway. There are three existing 48 -inch raw, City water mains and an abandoned 6 -inch water line along South Military Highway. SEWER: This site is currently connected to City sanitary sewer. Analysis of Pump Station #467 and the sanitary sewer collection system may be required to ensure future flows can be accommodated. There are two existing eight -inch City sanitary sewer gravity mains and an eight -inch City force main along South Military Highway. 4 EVALUATION AND RECOMMENDATION The applicant is requesting modification of the current Conditional Zoning Agreement to allow up to 18 additional motel units in the former nightclub building and to also modify the currently proffered Landscape Plan by removing the berms along the southern and western property lines. The 2012 proffers limited the uses permitted in the former nightclub building as follows: Proffer 4 The former nightclub area shall only be occupied by the following: a. Providers of Personal or Professional Service b. Medical Offices c. Retail Food Market(s) d. Beauty & Barber Salons e. Motel Check-in/Administrative Offices. According to the applicant, the impetus behind this modification to allow additional hotel rooms is the lack of expressed interest at this time for use of the subject building space for the uses permitted in proffer 4 above. The applicant's representative also stated that current, stringent financial lending constraints have negatively impacted potential leases, as it has become increasingly difficult to launch new retail businesses. The requested modification, according to the applicant, will allow the operation to generate R&J PETRO, INC. Agenda Item DI Page 3 some income while waiting for market conditions to change, assisting with the long-term vitality of the project. As retail use has a higher parking requirement than hotel use, the site will be "over -parked" if the proposed transition from office and retail to hotel units is approved. A typical hotel use is Tess intense and produces lower traffic volumes than a retail or office use; therefore, any increase in the mix of hotel units in place of office and retail will produce less daily and hourly traffic. As previously mentioned, a modification to the proffered Landscape Plan to eliminate the berms along the western and southern property lines is also proposed. The 2012 Landscape Plan depicted berms in these areas adjacent to existing multi -family dwellings; however, substantial plant material currently exists in those locations providing screening. The applicant intends to install the required Category IV screening along these property lines and that screening is depicted on the proffered plan. Other than the berms, the revised Landscape Plan contains all of the original landscape elements including: foundation plantings, pedestrian walkways of stamped concrete, new plant material along South Military Highway and the required screening along the western and southern property lines. Based on these factors, staff concludes that the replacement of the limited uses proffered in the 2012 CZA withl8 additional hotel lodging units is acceptable. The applicant has indicated the desire to establish a successful mix of retail/office and hotel uses on this site once existing market forces shift, and understands that a modification to the proffers would again be required to do so. Staff, therefore, recommends approval of this request with the submitted modification to the proffers below. 4 MODIFIED 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 4 of the original Proffer Agreement (set forth above) is hereby deleted in its entirety. PROFFER 2: In the place and stead of the original proffer 4, the following is substituted: "4. The former nightclub area shall be developed into not more than 18 motel room units which shall be similar in size and design to the other motel room units located upon the Property." PROFFER 3: Intentionally Omitted. PROFFER 4: Other than as specifically modified herein, the Original Proffer Agreement recorded in the aforesaid Clerk's Office as Instrument No. 20121212001417880 is hereby ratified, restated and confirmed and shall be in full force and effect. R&J PETRO, INC. Agenda Item Di Page 4 STAFF COMMENTS: The proffers listed above are acceptable. No changes are proposed to the approved site layout or building elevations, other than the elimination of the berms. The modification, according to the applicant, will allow the operation to generate some income while waiting for market conditions to change, assisting with the long-term vitality of the project. The City Attorney's Office has reviewed the proffer agreement dated October 15, 2013, and found it to be legally sufficient and in acceptable legal form. CURRENT PROFFERS FROM 2012 CHANGE OF ZONING PROFFER 1: When the Property is developed, in order to achieve a coordinated design and development on the site consistent with the surrounding area, the front of the primary structure located on the property shall be painted in earth -tone colors as are depicted on plans which are on file with the City of Virginia Beach Department of Planning and have been exhibited to City Council. PROFFER 2: Only one free-standing sign shall be located upon the Property. That sign shall be a monument style sign. PROFFER 3: A landscaping plan has been developed for the Property comprising the square footage detailed in plans filed with the Department of Planning and exhibited to City Council entitled, "STUDIOS FOR LESS TENANT BUILDOUT 717 MILITARY HIGHWAY VIRGINIA BEACH, VA." The plan shall include a thirty- foot landscaped buffer along the west and south property lines adjacent to the condominium site. PROFFER 4: The former nightclub area shall only be occupied by the following: a. Providers of Personal or Professional Service b. Medical Offices c. Retail Food Market(s) d. Beauty & Barber Salons e. Motel Check-in/Administrative Offices. PROFFER 5: All covenants, restrictions, and conditions relating to the Property and currently in existence shall remain in full force and effect and remain unaltered by these proffered covenants, restrictions, and conditions. 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. R&J PETRO, INC. Agenda Item Di Page 5 NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Change of Zoning are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. R&J PETRO, INC. Agenda Item D1 Page 6 AERIAL OF SITE LOCATION R&J PETRO, INC. Agenda Item D1 Page 7 EXISTING SITE LAYOUT R&J PETRO, INC. Agenda Item D1 Page 8 S44EZ VA 'Pen eNUIDJiA a1I(j un.Iew 15 tE9 DTI 'i(e8 ay) maua)J • T wmc ev. GYtlM NV1413JYDSONV103SOdOMd ecce e / wt. en AUCYH NNV AlVN A(A+N M NII IIll N u*3SUee 0114O74 40 NENI V'N110OW PROPOSED OVERALL SITE LANDSCAPING & CONCEPTUAL DRAINAGE PLAN r•Lvs[u lU-C8-201'1 PROPOSED SITE LAYOUT AND LANDSCAPE PLAN R&J PETRO, INC. Agenda Item D1 Page 9 sstiZ VA '11 wolf 11M*AA 31110 114HW IS MI Jll '/�Cg ayl Mauaa 9� =^ 19:91Ms NV1d DNIdVDSONV13]NVy1N3 "n' /`mx� Y'0 A(TYN NNV AtlVH A(T?M1I NNIIHU ..",Nw 511111011,1 10 N01 I V11110014 b tl:0 < _ "` �� —ate.. PROPOSED LANDSCAPE PLAN ALONG MILITARY HIGHWAY 1; ,• C AN -- PHASE I A II PHASE I r - . • , , . , , ,i....____. ______• _ ______ o,00� , , , i 1 0, I1 (IN 6,, ( 1 , \ , L , , 1 ^,, `JELLIE SEVENS -----. 1 U I I \__23 I % ‘Q::/‘ -I 1L" ; TrP.) -- - NATCFEZ CSEPE v-RTLE fTYP.j—, DV/ART NANC''JA ;TYP.) i� I _ STAMPED CONCRETE ENTRANCE (S' - iD WOE TY..j r ,1; f / � .+ NEEJLEFCINi HOLY HEDGE ;T`P.) di rte ' � 1 t�`` �`` i ,. ' �/ ! NELJE STEVENS .'6/ ��` ��, .�. :"...!-- HOLLY (TYP • + �0 . : DI i Y ia 1 ii @ 3 6 _ G ll 7 Y13 • . •E a f I 7 i_ = PROPOSED LANDSCAPE PLAN ALONG MILITARY HIGHWAY R&J PETRO, INC. Agenda Item D1 Page 10 :...9699+6 e.3 961 ,6 fftfz VA 'MOO 91919.9A awq mifeN 75 ff9 Dll 'Aeg aye maua)i rams— NV3d 3dVDS(1NV1 153M v Hl SOS Lr B' n:. 1,0144 NNV AWN • l(1'VN N Nillfl, SI171JOUd JO NOIIVDIJIOOW PROPOSED REAR OF SITE LANDSCAPE PLAN R&J PETRO, INC. Agenda Item D1 Page 11 Ig • •• 4- LU Cr a LO ❑ w 30, as PROPOSED BUILDING ELEVATION R&J PETRO, INC. Agenda Item D1 Page 12 KEMPSVILLE R&J Petro d/b/a Studios 4 Less . Zoning with Conditions/Proffers, Open Space Promotion or PDH•2 Overlays 1 11 Modification of Proffers ZONING HISTORY # DATE REQUEST ACTION 1 12/04/12 Rezoning (H-1 Hotel & B-1 Business to Conditional B-4 Mixed Use) Granted 2 06/09/98 Rezoning (1-1 Light Industrial to Conditional B-2 Business) Granted Conditional Use Permit (fuel sales) Granted 3 10/23/07 Conditional Use Permit (bulk storage) Granted 4 11/08/00 Conditional Use Permit (bulk storage) Granted 04/27/93 Rezoning (motor vehicle sales) Granted 02/21/92 Rezoning (1-1 Light Industrial to B-2 Business) Granted 5 06/13/95 Conditional Use Permit (bulk storage) Granted 6 01/31/06 Rezoning (1-1 Light Industrial to Conditional B-2 Business) Granted Conditional Use Permit (motor vehicle sales) 7 12/07/10 Modification of Conditions Granted 11/04/06 Modification of Conditions Granted 12/03/02 Conditional Use Permit (bulk storage) Granted 12/06/94 Conditional Use Permit (temporary re -cycling center) Granted 07/12/94 Conditional Use Permit (bulk storage) Granted 05/10/82 Conditional Use Permit (landfill) Granted 8 11/16/09 Conditional Use Permit (housing for seniors) Granted 9 05/23/93 Subdivision Variance Granted R&J PETRO, INC. Agenda Item D1 Page 13 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) R & J Petro, Inc. - Justin Patel and Rajiv Patel 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ❑ Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other ' unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) The Ramsey -White Company, L.C. - Mary Lyall Ramsey and Franklin T.C. White 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) 0 Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 1 & 2 See next page for footnotes Does an official or a ii • Ioyee of the City of Virginia Beach have an interest in the subject land? Yes II No If yes, what is the name of the official or employee and the nature of their interest? DISCLOSURE STATEMENT R&J PETRO, INC. Agenda Item D1 Page 14 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) Wolcott Rivers Gates - Attorney Edward H. Herbert, 111, Architect ' "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. • 2 "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Govemment Conflict of Interests Act, Va. Code § 2.2-3101. 1 CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. R & J Petro, Inc. By: e41 /r34(Z Applicant's Signature Print Name D&A (7\-C1,44,l_S m,e7 , g 04.5j Property Owner's Signature (if different than applicant) Print Name Art - , z Kr-en/4_7 - LJ t', Ca A..-1 a 7 L.C.. a • DISCLOSURE STATEMENT R&J PETRO, INC. Agenda Item D1 Page 15 Item #D1 R & J Petro d/b/a Studios 4 Less Modification of Proffers 717 South Military Highway District 2 Kempsville April 9, 2014 CONSENT An application of R & J Petro d/b/a Studios Less for a Modification of Conditional Change of Zoning approved by the City Council on December 4, 2012, from H-1 Hotel District and B-1 Business District to Conditional B-4 Mixed Use District on property located at 717 South Military Highway, District 2, Kempsville. GPIN: 14562753420000. PROFFERS PROFFER 1: Proffer 4 of the original Proffer Agreement (set forth above) is hereby deleted in its entirety. PROFFER 2: In the place and stead of the original proffer 4, the following is substituted: "4. The former nightclub area shall be developed into not more than 18 motel room units which shall be similar in size and design to the other motel room units located upon the Property." PROFFER 3: Intentionally Omitted. PROFFER 4: Other than as specifically modified herein, the Original Proffer Agreement recorded in the aforesaid Clerk's Office as Instrument No. 20121212001417880 is hereby ratified, restated and confirmed and shall be in full force and effect. A motion was made by Commissioner Hodgson and seconded by Commissioner Horsley to approve Item D1. AYE 9 NAY 0 ABS 0 ABSENT 2 BROCKWELL AYE HODGSON AYE HORSLEY AYE INMAN ABSENT Item #D1 R & J Petro d/b/a Studios 4 Less Page 2 OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI RUSSO AYE THORNTON AYE WEINER AYE By a vote of 9-0, the Commission approved Item D1 by consent. ABSENT Les Watson appeared before the Commission on behalf of the applicant. In Reply Refer To Our File No. DF -8845 TO: Mark D. Stiles FROM: B. Kay W RE: CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: May 1, 2014 DEPT: City Attorney DEPT: City Attorney Conditional Zoning Application; R&J Petro dba Studios 4 Less The above -referenced conditional zoning application is scheduled to be heard by the City Council on May 13, 2014. I have reviewed the subject proffer agreement, dated October 15, 2014 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/ Enclosure cc: Kathleen nc.c'an aoocI 1 THE RAMSEY-WHITE COMPANY, L.C., a Virginia limited liability company STUDIOS 4 LESS, INC., a Virginia corporation R & J PETRO, INC., a Virginia corporation TO (MODIFICATION TO PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS MODIFICATION TO PROFFER AGREEMENT, is made this 15th day of October, 2013, between and among THE RAMSEY-WHITE COMPANY, L.C., a Virginia limited liability company ("Owner" or "Grantor") and STUDIOS 4 LESS, INC., a Virginia corporation and R & J PETRO, INC., a Virginia corporation ("Tenant" or "Grantor"), parties of the first part; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, ("Grantee"), party of the second part. WITNESSETH: WHEREAS, the Owner is the owner of a parcel of real property located in the Kempsville District of the City of Virginia Beach, Virginia, containing approximately 4.10 acres of land, which is more particularly described in Exhibit A attached hereto and incorporated herein by this reference (the "Property"); and WHEREAS, Tenant holds a long term lease of the Property and with the Owner's consent initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to amend the Zoning Classification applicable to the Property from B-1 and H-1 designation to a Conditional B-4 designation; and GPIN NO.: 14562753420000 Prepared by: Wolcott Rivers Gates 301 Bendix Road Suite 500 Virginia Beach, VA 23452 WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantors acknowledge that competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which Grantors' application gives rise; and WHEREAS, the application of Tenant (Grantor) for an amendment to the zoning classification of the Property to Conditional B-4 was approved by the City Council of the City of Virginia Beach on December 4, 2012. WHEREAS, by Proffered Covenants Restrictions and Conditions dated May 31, 2012 and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia on December 12, 2012 as Instrument No. 20121212001417880, the Grantors voluntarily subjected the Property to certain proffered conditions and restrictions (the "Original Proffer Agreement"). Among those proffers was the following provision: "4. The former night club area shall only be occupied by the following: a. Providers of Personal or Professional Service b. Medical Offices c. Retail Food Market(s) d. Beauty & Barber Salons e. Motel Check-in/Administrative Offices" 2 WHEREAS, the Grantor (Tenant) has proceeded to modify the former nightclub space consistent with the Original Proffer Agreement dated and recorded as indicated above. WHEREAS, despite dedicated effort, the Grantor (Tenant) has been unable to rent any of the proposed spaces to any of the proposed users. NOW THEREFORE, Grantor (Tenant) has made application to the Grantee to modify the Proffers in part and accordingly, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, Tenant (Grantor) hereby make the following modification to declaration of conditions and restrictions which shall restrict and govern the physical development, operation and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. Proffer 4 of the Original Proffer Agreement (set forth above) is hereby deleted in its entirety. 2. In the place and stead of the original proffer 4, the following is substituted: "4. The former nightclub area shall be developed into not more than 18 motel room units which shall be similar in size and design to the other motel room units located upon the Property." 3. Intentionally Omitted. 3 4. Other than as specifically modified herein, the Original Proffer Agreement recorded in the aforesaid Clerk's Office as Instrument No. 20121212001417880 is hereby ratified, restated and confirmed and shall be in full force and effect. WITNESS the following signatures and seals: STUDIOS 4 LESS, INC., a Virginia corporation By: •11. Name: L -r Title: `)/e4-.4 • COMMONWEALTH OF VIRGINIA CITY OF cc-1-65PEi- , to -wit: (SEAL) I, the undersigned, a Notary Public in and for my City and State aforesaid, do hereby certify that 'tZf-seSf+1-PA- Tet-- , of Studios 4 Less, Inc., a Virginia corporation, whose name is signed to the foregoing instrument, has acknowledged the same before me this IST+}day of bLTo$aR.. , 2013, who is personally know to me or has produced v/k. i tvt-R'S as identification. LICENSE My Commission Expires: It 3v, Zo 1 7 My Commission Number: '15 SG 00,-- 4 Notary Public THE RAMSEY-WHITE COMPANY, L.C., a limited liability company By: /G'� Name: Title: (SEAL) YI�SP� COMMONWEALTH OF VIRGINIA CITY OF,ry tLQL , to -wit: I, the undersigned, a Notary Public in and for my City and State aforesaid, do hereby certify that , of The Ramsey -White Company, L.C., a Virginia limited liability company, whose name is signed to the foregoing instrument, has acknowledged the same before me this 'CP' day of q -C. - a , 2014-, who is personally know to me or has X producec, L e—as identification. QJ 0— t-tfEA My Commission Expires: DB /3r 1,201 My Commission Number: -1 3 a --1 FcciU 5 Notary Public '°ot om0000"4„. cal\RA, a +Q+ s :a C..„ ARYA+, v;. % g r/OA/ \\\ is ,I! �`N �++++e+++' Wits �Q, rl-f bF \1 °oa R & J PETRO, INC., a Virginia corporation By: :J11 . Name: �G Title: th-c- h' (SEAL) COMMONWEALTH OF VIRGINIA CITY OF , to -wit: I, the undersigned, a Notary Public in and for my City and State aforesaid, do hereby certify that '1A3-€54-1-- -P ATFL- of R & J Petro, Inc., a Virginia corporation, whose name is signed to the foregoing instrument, has acknowledged the same before me this ISTD day of Oc-TOj3E2 , 2013, who is personally know to me or has ✓ produced VA--PetvER.'S as identification. LtC f' SE My Commission Expires: 1(13612'511 My Commission Number: 1 S S (PoO2--- 6 %1/4r-J?,tJcL___ Notary Public 73� 56002 ° o n • COMMISSION s s I I Ill 4,1;• ... • %�`� r"hl,OFALTH ��F�J�`��` Exhibit "A" ALL THAT certain lot, piece or parcel of land, with the building and improvements thereon, lying, situate and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as Parcel C, as shown on that certain plat entitled "Subdivision of Property of Cullen M. McCoy and Mary Aim Rogers McCoy (D.B. 305, p. 549), Kempsville Borough, Virginia Beach, Virginia," dated October 1987, which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 2701, at page 1678, et seq. (the "Original Subdivision Plat"). IT BEING, a part of the same property conveyed to The Ramsey -White Company, L.C. by deed dated December 15, 1999 from Mary Lyall Ramsey and Franklin T.C. White, recorded in the aforesaid Clerk's Office on February 8, 2000, in Deed Book 4200 at page 1399. I:\document directory \s\studios 4 less\modifications of conditional zoning approval\modified proffers.docx 7 LYNNHAVEN MapL-4 Map t to Scale Robin D. Ra 1t ,I Y • Zoning with Conditions/Proffers, Open Space Promotion Enlargement of a Nonconforming use CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: A Resolution Authorizing the Enlargement of a Property Located at 5202/5204 Ocean Front Avenue Owned by Robin D. Ray, Trustee of the Robin D. Residence Trust. COUNCIL DISTRICT — LYNNHAVEN. MEETING DATE: May 13, 2014 Nonconforming Use on (GPIN 2418898599) and Ray Qualified Personal • Background: The 16,800 square foot site consists of two adjacent lots. The principal house is situated on the southern lot (5202 Ocean Front Avenue); however, a small section of a 2nd floor deck crosses over the lot line and onto the northern lot (5204 Ocean Front Avenue). A second dwelling, a garage apartment (guest house), is located on this northern lot, immediately adjacent to Ocean Front Avenue. The fact that the house located at 5202 Ocean Front Avenue is on both lots, due to the encroaching second -floor deck results in each dwelling being a non -conforming use, as there are two detached dwellings on one lot. The R -5R Resort Residential District does not permit more than one detached single-family dwelling on a lot. The applicant proposes to renovate the garage apartment (guest house), which will include an addition to the second floor. Since the dwelling is a nonconforming use, however, it cannot be enlarged without the approval of the City Council, as provided for by Section 105(b) of the City Zoning Ordinance: Section 105 of the City Zoning Ordinance regulates nonconforming uses and structures. Section 105(b) states that it is the intent of the Zoning Ordinance to allow nonconformities to continue until they are removed, but not to allow them to become enlarged, expanded, extended, or relocated "except upon a resolution of the City Council authorizing such conversion, based upon its finding that the proposed use is equally appropriate or more appropriate to the district than is the existing nonconforming use." • Considerations: The proposed modifications to the garage apartment (guest house) consist of the following: • An addition of a 9.9' x 17.34' third -floor over the northeast corner of the existing second floor; and Robin D. Ray, Trustee Page 2of3 • An addition of three dormers to the roof at the front (west side) of the dwelling. There will be no increase in the footprint of the structure, and the existing encroachments into the front and side (north) yard setbacks will be unchanged. • Recommendations: Staff concludes that the proposed enlargement of the existing nonconforming use is reasonable and will be as appropriate to the zoning district and surrounding area as is the existing nonconforming use. Approval is recommended subject to the condition below. Except as modified by any further conditions or as necessary to meet the Building Code, the modifications to the structure at 5204 Ocean Front Avenue shall be substantially in accordance with the submitted building elevation drawings (north, south, east, and west), entitled "Ray Residence," dated 12/4/13. • Attachments: Staff Review and Disclosure Statement Resolution Location Map Recommended Action: Approval. Submitting Department/Agency: Planning DepartmentA/1\),/ Citv Manager. \4 '7(i'° Enlargement of a Nonconforming Use REQUEST: Enlargement of a Nonconforming Use May 13, 2014 City Council Meeting APPLICANT / PROPERTY OWNER: ROBIN D. RAY, TRUSTEE ROBIN D. RAY QUALIFIED PERSONAL RESIDENCE TRUST ADDRESS / DESCRIPTION: 5202-04 Ocean Front Avenue GPIN: 24188985990000 STAFF PLANNER: Stephen J. White ELECTION DISTRICT: SITE SIZE: AICUZ: LYNNHAVEN 16,800 square feet 65 to 70 dB DNL (Sub - Area 1) BACKGROUND AND SUMMARY Background The 16,800 SF site consists of two adjacent lots. The principal house is situated on the southern lot (5202 Ocean Front Avenue); however, a small section of a 2nd floor deck crosses over the lot line and onto the northern lot (5204 Ocean Front Avenue). A second dwelling, a garage apartment (guest house), is located on this northern lot, immediately adjacent to Ocean Front Avenue. The fact that the house located at 5202 Ocean Front Avenue is on both lots, due to the encroaching second -floor deck results in each dwelling being a non -conforming use, as there are two detached dwellings on one lot. The R -5R Resort Residential District does not permit more than one detached single-family dwelling on a lot. The applicant proposes to renovate the garage apartment (guest house), which will include an addition to the second floor. Since the dwelling is a nonconforming use, however, it cannot be enlarged without the approval of the City Council, as provided for by Section 105(b) of the City Zoning Ordinance: It is the intent of the Zoning Ordinance to allow nonconformities to continue until they are removed, but not to allow them to become enlarged, expanded, extended, or relocated "except upon a resolution of the City Council authorizing such conversion, based upon its finding that the proposed use is equally appropriate or more appropriate to the district than is the existing nonconforming use. ROBIN D. RAY, TRUSTEE May 13, 2014 City Council Meeting Page 1 Details The proposed work consists of the following: • An addition of a 9.9' x 17.34' third -floor over the northeast corner of the existing second floor. • An addition of three dormers to the roof at the front (west side) of the dwelling. There will be no increase in the structure's footprint, and the existing encroachments into the front and side (north) yard setbacks will be unchanged. 4 LAND USE AND ZONING INFORMATION EXISTING LAND USE: Two single-family dwellings (principal residence and guest house) SURROUNDING LAND North: • Single-family dwelling / R -5R Resort Residential USE AND ZONING: South: • Single-family dwelling / R -5R Resort Residential East: . Beach and Atlantic Ocean West: • Ocean Front Avenue • Alley between Ocean Front Avenue and Atlantic Avenue • Multi -family dwellings (condominiums) / R -5R Resort Residential ROBIN D. RAY, TRUSTEE May 13, 2014 City Council Meeting Page 2 IMPACT ON CITY SERVICES The proposed renovation of the existing guest house will have no impact on City services beyond what currently exists. 4 • EVALUATION AND RECOMMENDATION Staff recommends approval of this request. In sum, the proposed enlargement is reasonable, will have a minimal impact, and will be as appropriate to the surrounding area as the existing non -conforming use. The request, therefore, is acceptable with the conditions below. 4 4 CONDITION Except as modified by any further conditions or as necessary to meet the Building Code, the modifications to the structure at 5204 Ocean Front Avenue shall be substantially in accordance with the submitted building elevation drawings (north, south, east, and west), entitled "Ray Residence," dated 12/4/13. 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. ROBIN D. RAY, TRUSTEE May 13, 2014 City Council Meeting Page 3 AERIAL PHOTOGRAPH OF SITE AND SURROUNDING AREA ROBIN D. RAY, TRUSTEE May 13, 2014 City Council Meeting Page 4 AERIAL PHOTOGRAPH OF SITE AND ADJACENT STRUCTURES ROBIN D. RAY, TRUSTEE May 13, 2014 City Council Meeting Page 5 ABBREVIATIONS. N NORTH S SOUTH P. M.B. WM sco EAST WEST PROPERTY LINE PAGE MAP BOOK WATER METER SANITARY CLEANOUT MER°4N (M. B. 7 SOURCE 50) WPL SIGNED BY ATLANTIC OCEAN (Ma 7, PG. 150) (PLAT = ATLANTIC BOULEVARD (UNIMPROVED) Illllllllll RIC {K WARNER Lic. LJ 2904 4" 01/04/2014 ��0 L SURv ti 48" WOOD FENCE CLEAR OFR 0.36' 8" BRICK WALL 0.49' OVER R LOT -2 PROPOSED .Jrd FLOOR ADO/TION OVER EX 2nd STORY BEGIN 48" W000 FENCE 3.16' 72" WOOD FENCE CLEAR OFR 0.73' DECK //4 /WOOD// /WOOD/ /DEtK / ;'5 08'56' E 112' 56' . ' 1 56' t i ', I LOT -4 .,v,\ STEPS CONCRETE SEAWALL LOT -3 EX 3RD FLOOR 72" WOOD FENCE ON BRICK WALL COLUMN O 8" BRICK WALL(TYP) > 13.29' 1 U INGROUND POOL PAVERS 4' GATE 12" WALL PAVERS 8" BRICK WALL OVER R 0.22' 6.6' 72" WOOD FENCE CLEAR OF 0.73' 3.35' 04. 13.8- 0' FF=19.45 26.77 10.84' 78' #5202 1.97' 2 -STORY a BRICK & FRAME VI/VINYL SIDING gi 3.71' W/BASEMENT m h GARAGE 4 30' BELOW 4.18' FF=19.48 a' st:7 =—' r -,-0 2.49' 2.45 ,.--""- 3.14' _ -'3.14' WI- E. \ 1 CONCRETE2 WL .P ' iv ARKING ARR EA• �. R. 1112'7 Scco . RLLERCAP '• �. 56 of GARAGE FF=9.59 28.86' • 2ND & 3RD.J FLOOR OVERHEAD. • BRICK R 56•:,. 0 0.83' 24" METAL FENCE CLEAR OF It 0.18' 8" BRICK WALL ALONG R 24" METAL FENCE CLEAR OFR 0.29' 48" WOOD FENCE OF WALL 8" BRICK WALL AROUND GRAVEL WELL CONC PAD HVAC UNIT(TYP) ✓ LOT -5 BLOCK 2 co WINDOW OVERHEAD 8" BRICK WALL NO 24' W000 FENCE BEGIN 48" WOOD FENCE 8" BRICK WALL ALONG R. 24" WOOD FENCE OF WALL N 08'56' W. 112' 7.44' PROPOSED Jrd FLOOR DORMER (TYPICAL) EDGE OF CONCRETE POWER POLE W/LIGHT 56' 70 P./. OF 52nd STREET OCEAN FRONT AVENUE (20' PUBLIC RIGHT-OF-WAY) SITE SURVEY WITH ENLARGEMENT AREA HIGHLIGHTED ROBIN D. RAY, TRUSTEE May 13, 2014 City Council Meeting Page 6 View from southwest PHOTOGRAPHS OF EXISTING STRUCTURE (Ocean Front Avenue side) ROBIN D. RAY, TRUSTEE May 13, 2014 City Council Meeting Page 7 East (Beach) Facade Rfr West (Ocean Front Avenue) Facade PROPOSED BUILDING ELEVATIONS ROBIN D. RAY, TRUSTEE May 13, 2014 City Council Meeting Page 8 South Facade North Facade (showing existing roof line) PROPOSED BUILDING ELEVATIONS ROBIN D. RAY, TRUSTEE May 13, 2014 City Council Meeting Page 9 LYNNHAVEN Map L-4 MaNot to Scale Robin D. Ray ' Zon'ng wi h Conditions/Proffers, Open Space Promotion 0 Enlargement of a Nonconforming Use ZONING HISTORY 1 08/14/2001 Enlargement of a Nonconforming Use Approved 2 10/11/2005 Enlargement of a Nonconforming Use Approved 3 08/12/2008 Enlargement of a Nonconforming Use Approved 4 03/24/2009 Enlargement of a Nonconforming Use Approved 02/12/2002 Enlargement of a Nonconforming Use Approved 5 04/23/2002 Enlargement of a Nonconforming Use Approved 07/06/2010 Enlargement of a Nonconforming Use Approved ROBIN D. RAY, TRUSTEE May 13, 2014 City Council Meeting Page 10 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) Robin D. Ray, Trustee of the Robin D. Ray Qualified Personal Residence Trust 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) r Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) 0 Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 1 & 2 See next page for footnotes Does an official or em loyee of the City of Virginia Beach have an interest in the subject land? Yes No M If yes, what is the name of the official or employee and the nature of their interest? DISCLOSURE STATEMENT ROBIN D. RAY, TRUSTEE May 13, 2014 City Council Meeting Page 11 ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) Sykes, Bourdon, Ahem & Levy, P.C. WPL Covington, Hendrix Anderson Architects ' "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. 2 "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. 1::/ -2411 - App ica is Signature Robin D. Ray, Trustee Print Name Property Owner's Signature (if different than applicant) Print Name 1 1 11 1 1 4 4 • • 4 •• 0 M DISCLOSURE STATEMENT ROBIN D. RAY, TRUSTEE May 13, 2014 City Council Meeting Page 12 1 A RESOLUTION AUTHORIZING THE 2 ENLARGEMENT OF A NONCONFORMING USE 3 ON PROPERTY LOCATED AT 5202 AND 5204 4 OCEAN FRONT AVENUE 5 6 WHEREAS, Robin D. Ray, Trustee of the Robin D. Ray Qualified Personal 7 Residence Trust (hereinafter the "Applicant") has made application to the City Council 8 for authorization for the enlargement of a nonconforming use located at 5202/5204 9 Ocean Front Avenue in the R -5R Resort Residential Zoning District by enlarging the 10 dwelling at 5202 Ocean Front Avenue; and 11 12 WHEREAS, two single-family dwellings are located on one parcel at 5202 Ocean 13 Front Avenue. One of the dwellings is also located at 5204 Ocean Front Avenue. Two 14 single-family dwellings on one parcel are not currently allowed in the R -5R Zoning 15 District. However, the single-family dwellings were built prior to the adoption of the 16 applicable zoning regulations and are therefore nonconforming; and 17 18 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the 19 enlargement of a nonconforming use is unlawful in the absence of a resolution of the 20 City Council authorizing such action upon a finding that the proposed use, as enlarged, 21 will be equally appropriate or more appropriate to the zoning district than is the existing 22 use; 23 24 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 25 VIRGINIA BEACH, VIRGINIA: 26 27 That the City Council hereby finds that the proposed use, as enlarged, will be 28 equally appropriate to the district as is the existing nonconforming use under the 29 conditions of approval set forth hereinbelow. 30 31 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 32 BEACH, VIRGINIA: 33 34 That the enlargement of the nonconforming use is hereby authorized, upon the 35 following condition: 36 37 That except as modified by any further conditions or as necessary to meet the 38 Building Code, the modifications to the structure at 5204 Ocean Front Avenue shall be 39 substantially in accordance with the submitted building elevation drawings (north, south, 40 east, and west), entitled "Ray Residence," dated 12/4/13. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2014. APPROVED AS TO CONTENT: i Iiiiiini 'I Planning )epartment 1 CA13004 R-1 April 30, 2014 APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's O" ice 2 lternative om • tanc Zonin. with Conditions/Proffers, • . en pace • romotio CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: C & J INVESTORS, LLC (Applicant) / J & M KELLAM FAMILY PARTNERSHP (Owner), Alternative Compliance, 516 20th Street (GPIN 2417978643). COUNCIL DISTRICT — BEACH. MEETING DATE: May 13, 2014 • Background: The applicant requests a Special Exception for Alternative Compliance to the Oceanfront Resort District (ORD) Form -Based Code (FBC). The purpose of the request is to allow an alternative to the prescribed form and criteria for a Detached House Building Type, as outlined in Section 2.9 of the Form -Based Code. The FBC allows only one Detached House Building Type on a lot, and the applicant desires to develop the subject site such that there will be more than one Detached House Building Type on one lot. The subject site is 75' x 140' and fronts on the southern edge of 20th Street. The applicant proposes to subdivide the site into two 37.5' x 140' parcels and erect 2 Detached House Building Types on each lot, for a total of 4 dwelling units on the subject site. If the applicant developed the subject site as allowed by -right, four dwelling units could be obtained with the Apartment Building Type or three dwelling units could be obtained with the Row House Building Type. • Considerations: The proposed plan consists of two three-story Detached House Building Types fronting on 20th Street, and two two-story Detached Houses in the rear yard. The front units have a footprint of 973 square feet and offer three bedrooms, a single - car garage, and eight -foot deep porches on the first and second floors. The rear units have a footprint of 787 square feet and offer three bedrooms, 45 square feet of enclosed storage space accessed from the outside, and a 198 square foot paver patio. Further details pertaining to site layout and building design, as well as Staff's evaluation of the request, are provided in the attached staff report. There was no opposition to the request. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval with the following conditions: C&J INVESTORS Page2of3 1. With the exception of any modifications required by any of these conditions or as a result of development site plan review, the layout of the site shall be substantially as shown on the site plan entitled "CONCEPTUAL SITE PLAN FOR MULTI -FAMILY," dated March 7, 2014 as prepared by Gallup Surveyors and Engineers, LTD,. 2. With the exception of any modifications required by any of these conditions or as a result of reviews under the International Building Code, the dwellings on the site shall be substantially as shown on the drawing entitled 20th STREET DEVELOPMENT," dated 12,12,13, as prepared by Beach Building Group. Said drawings have been exhibited to the City Council and are on file in the Department of Planning. 3. By substantially conforming to the submitted site plan referenced in Condition #1, the residential canopy coverage requirement for this site shall be exceeded. 4. A subdivision plat shall be approved by Development Services Center. Said subdivision plat shall include an eighteen -foot wide ingress egress easement over the shared drive aisle. 5. The applicant shall make all proposed right-of-way improvements as required for 20th Street and as further required by Public Works / Traffic Engineering and Planning / Development Services Center as part of development site plan review. 6. The parking spaces and patios shall be constructed of permeable pavers. 7. 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 depicted on the plans referenced by Condition 1. 8. All mechanical equipment, including but not limited to HVAC units, shall be screened year-round by landscaping or fencing. Screening shall, at a minimum, be the height of the equipment. 9. All trash receptacles shall be stored in a manner such that they are not capable of being viewed from the public right-of-way. 10. All landscaping shown in the right-of-way on the site plan referenced by Condition 1 shall require an Encroachment Agreement from Landscape Management. If no agreement is reached, said landscaping shall be accounted for within the subject site. All proposed landscaping shall be reviewed and approved by the City Landscape Architect in the Development Services Center. C&J INVESTORS Page 3of3 • Attachments: Staff Report 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: %)4 . l&. BEACH b M-6 C & J Investors, L.L.C. •twJa,.MC...Y.eenn,.. QY.. Alternative Compliance 12 April 9, 2014 Public Hearing APPLICANT AND PROPERTY OWNER: C & J INVESTORS, L.L.0 STAFF PLANNER: Kristine Gay REQUEST: Special Exception for Alternative Compliance to the Oceanfront Resort District Form -Based Code. ADDRESS / DESCRIPTION: 516 20th Street GPIN: ELECTION SITE SIZE: AICUZ: 2417978643 DISTRICT: 10,500 Square Feet 65-70 dB DNL (Sub -Area 1) BEACH 4 BACKGROUND BACKGROUND / DETAILS OF PROPOSAL The applicant requests a Special Exception for Alternative Compliance to the Oceanfront Resort District (ORD) Form -Based Code (FBC). The purpose of the request is to allow an alternative to the prescribed form and criteria for a Detached House Building Type, as outlined in Section 2.9 of the Form -Based Code by proposing more than one Detached House on one lot. The subject site is 75' x 140' and fronts on the southern edge of 20th Street. The applicant proposes to subdivide the site into two 37.5' x 140' parcels and erect 2 Detached Houses on each lot, for a total of 4 structures on the subject site. Following the Apartment Building Type, the site is capable of being developed with 4 apartment units. Following the Row House Building Type, the site is capable of being developed with 3 row house units. The proposal includes two three-story Detached Houses fronting on 20th Street, and two two-story Detached Houses in the rear yard. The front units have a foot print of 973 square feet and offer three bedrooms, a single -car garage, and eight -foot deep porches on the first and second floors. Exterior materials for the front units include architectural shingles, fiber -cement shake siding, fiber cement horizontal lap siding, white trim, and craftsman style double -hung windows, front door, square columns, C&J INVESTORS, L.L.0 Agenda Item 12 Page 1 and faux exposed trellis accent. These units are 35 feet tall and are set back ten feet from the front property line. The eight -foot deep porches are setback only two feet from the front property line, as allowed by Section 2.12 of the FBC. The rear units have a footprint of 787 square feet and offer three bedrooms, 45 square feet of enclosed storage space accessed from the outside, and a 198 square foot paver patio. Exterior materials for these units include architectural shingles, board and batten, fiber -cement shake siding, fiber cement horizontal lap siding, white trim, and craftsman style double -hung windows, front door, and faux exposed trellis accent. These units are 27 feet tall, are situated ten feet off of the rear lot line, and both have yards enclosed by a four -foot tall maintenance free white picket fence. As shown on the site plan, a six-foot tall white maintenance free privacy fence will project outward from the front units and follow along the side and rear lot lines to border the site. A single concrete driveway and eight parking spaces constructed of permeable pavers will be shared by all residents for vehicular access to the site. Proposed landscaping includes woody ground cover, evergreen and ornamental shrubs, six medium species trees within the site, and two medium species trees in the Planting Zone of the right-of-way. As shown in the table below (highlighted in light grey), with regard to dimensional criteria, the proposal is deficient in lot area and upper -story height. Detached House Criteria Required Proposed Area 3,000 square feet 10,500 SF total 2625 SF per structure Width 30' 75' Total 37.5' per front structure 22nd Street Setback (minimum) 5' 5' Side + Rear Setback (Common Lot Line) 5' 5' (side lot lines) 10' (rear lot line) Build -To Zone 5' — 20' 5' Building Width in Build -To Zone (Pacific Avenue) 37.5' (50%) 43' (57%) Parking Setback, Street (minimum) N/A 51' Parking Setback, Rear or Side (Common Lot Line) 5'52' (side) (rear) Total Required Parking Spaces 8 8 Outdoor Amenity Space 20% 41% Building Height 45' max 35' (front units) 27' (rear units) Ground Story Height 10' 10' Upper Story Height 10' 9' Ground Story Transparency (minimum) 15% 32% (front units) 31% (rear units) Upper Story Transparency (minimum) 15% 16%- 44% (front units) 18% (rear units) Street Facing Entrance Required Proposed Porch Depth 8' 8' As shown in the table above, to compensate for deficiencies and to meet the intent of the prescribed form as defined by the FBC, the applicant has exceeded the requirements for other building and site criteria. By providing private and shared landscaped areas, paver patios, and four eight -foot deep front porches, C&J INVESTORS, L.L.0 Agenda Item 12 Page 2 the proposal includes more than double the required amount of outdoor amenity space. The proposal also includes more than double the required ground story transparency by using a mixture of large and small craftsman style windows and a partially transparent front door. In addition to exceeding certain requirements, the applicant has also revised the site plan and the architectural design of the structures to be mindful of the existing adjacent built -environment, future development potential allowed by the FBC, and the site's relationship with the public right-of-way of 20th Street. • • LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Vacant open grassy area North: • 20th Street • Single-family dwellings / OR Oceanfront Resort District South: • Apartments, Retail / OR Oceanfront Resort District East: • Single-family dwellings / OR Oceanfront Resort District West: • Single-family dwellings / OR Oceanfront Resort District NATURAL AND CULTURAL FEATURES: There are no known significant cultural or natural resource features on this site. 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 December, 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 in use and design from the Resort Area to the neighborhoods. The Oceanfront Resort District Design Guidelines refers to the Old Beach Design Guidelines for residential development throughout the Oceanfront Resort District. Duplex dwellings are limited to one per lot (p. 3-3, 3-4). Two Cottages (Principal and Ancillary)/One Lot structures "should maintain appropriate physical proportion and scale in relationship to the lot size, there should be a clear distinction between the principal and ancillary structures (60/40 percent of allowable lot coverage, not 50/50) and impervious area should not exceed 60% (p. 3-5). IMPACT ON CITY SERVICES Master Transportation Plan (MTP) / Capital Improvement Program 1CIP): This site is located along 20th Street east of Mediterranean Avenue. In the vicinity of this site, 20 Street is a two-lane local street with an eighty -ft (80') right-of-way width. It is not included on the City's Master Transportation Plan (MTP). C&J INVESTORS, L Agenda Iter 12 Page 3 TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic 20th Street No Data Available 6,200 ADT 1(Level of Service "C") —11,100 ADT1 (Level of Service "E") Existing Land Use '— 20 ADT Proposed Land Use 3 — 40 ADT ' Average Daily Trips 2 as defined by two single-family dwellings 3 as defined by four single-family dwellings WATER: This site must connect to City water. There is an existing 8 -inch City water line on 20m Street. SEWER: This site currently connects 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 By -right development of the site following the prescribed criteria of the Detached House Building Type is capable of yielding four units by following Section 2.7 of the FBC which outlines the building and lot criteria for the Apartment Building Type. The applicant would like to achieve this same density while using an Alternative Form of four Detached Houses. As specified by Section 2.9 of the FBC, one Detached House is allowed on a single lot; therefor, the applicant's proposal to subdivide the site into two 37.5' x 140' Tots and place two Detached Houses on each lot requires City Council approval of a Special Exception for Alternative Compliance. As shown (in bold) in the criteria table included in the Background portion of this report, the applicant is deficient in lot area and upper -story height. In an effort to compensate for these deficiencies, the applicant substantially exceeds the requirements for outdoor amenity space and facade transparency and has also provided additional quality architectural and site features which are not specifically codified by the FBC. These additional features include 10%-15% transparency of the exterior side facades of the front units; a landscaping plan which exceeds the residential canopy coverage requirements; parking spaces and patios constructed of permeable pavers; a number of craftsman -style architectural accents; and a variety of maintenance free materials. The applicant has also decreased the original size and height of the rear units and provided varying roof lines to the front units to soften the overall massing of the site. The 10,500 square foot site will be subdivided into two 5,250 square foot lots. If 3,000 square feet of each lot is allocated to each of the front units, the rear units will both be left with 2,250 square feet of area, which is 75% of the minimum lot size as defined by Section 2.9 of the FBC. At 825 square feet, the rear units have a footprint which is 85% as large as the front units and at 27 feet, the height of the rear units is 77% as tall as the front units. In terms of the total lot coverage, the front unit is 55% of the lot coverage, while the rear unit is 45% of the lot coverage. While this ratio does not exactly meet the 60:40 lot C&J INVESTORS, CIL. Agenda Item 12 Pae 4 coverage ratio as included in the Old Beach Design Guidelines, the perception of a principal and ancillary dwelling should be evident from the relative placement of each structure, the 23% difference in height, and the 15% difference in footprint area. Given the smaller mass of the rear units, and considering that vehicular circulation does not need to be accommodated through this portion of the site, Staff finds that the sub -standard lot area is sufficient for the proposed dwellings and does not prohibit the overall site design from achieving the intent of the prescribed form. 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: Promotes modes of transportation other than the automobile, including walking and transit. The applicant will be responsible for constructing a five-foot wide public sidewalk parallel to 20th Street for the width of the subject site. The proposal exceeds the required parking setback such that parked vehicles are not visible from the right-of-way. Pedestrians can access the front units directly from the public sidewalk. Creates a built environment that is in scale with pedestrian -oriented activities and provides visual interest and orientation for pedestrians. The proposal obeys the prescribed setback; ground story height; and build -to percentage as defined by Section 2.9 of the Form - Based Code. The proposed eight -foot deep porches will provide a more gradual transition from the private residential space to the public sidewalk. The front entrances to the rear units will be visible to the pedestrian from the public right-of-way. The two proposed medium canopy trees within the right-of-way will provide shade and an enhanced environment for the pedestrian. 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. While this proposal includes only residential uses, it provides a range of square -footage and amenities to accommodate a mixture of residents. If desired in the future, the Detached House Building Type is capable of containing office and retail uses by -right, per Section 5.2 of the FBC. 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. The site is located on a Beach [Street] Frontage. This frontage is intended for quieter streets with high pedestrian activity. The building type and site layout as proposed meets the intent of the Beach Frontage. Is physically and functionally integrated with the built environment in which it is located. The applicant is providing a site layout that [among other criteria] meets the prescribed build -to and setback criteria. By meeting these key criteria, the relationship between the subject site, public sidewalk, and street is 'physically integrated' with the adjacent parcels and surrounding built environment. To be further physically integrated, the applicant has reduced the massing of the rear units to be more in keeping with the massing of the existing dwellings located on the adjacent properties, and has also exceeded landscaping requirements to provide two additional medium canopy trees within the right-of-way. This proposal includes only one curb -cut and point of ingress/egress to be shared by both lots. If each of the lots were developed by -right with one detached house, each lot would have a minimum of a 13 -foot wide (26 -foot wide total) curb -cut to allow vehicular access. By sharing one driveway and a 22 -foot wide curb -cut, this site provides a minimum of an additional 4 feet of public parking and a less interrupted public sidewalk and is therefore functionally integrated with the built environment. C&J INVESTORS, 1...0 L Agenda Ite12 Pa`g'e 5 Advances the goals and objectives of the parking strategy for the District. Per Section 6.2.2(B) of the FBC, each residential unit [of any Building Type] requires two parking spaces. Within each of the proposed lots, the applicant has provided four parking spaces, two spaces for each residential unit. By providing a total of eight parking spaces for the subject site, the parking requirements of Section 6.2.2(B) of the FBC have been met, and therefore the goals and objectives of the parking strategy have been advanced. 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 finds that the impacts to the surrounding area as a result of the proposed deviations are limited. The alternative form is more in keeping with the existing and potential developed form of this portion of 20th Street than by -right development of the site following the Apartment Building Type. The minor deficiencies in ground story height and lot area will not impact the surrounding area. Staff concludes that the proposed use and associated form of the buildings and site satisfy the standards above; therefore, staff recommends approval of this Special Exception for Alternative Compliance to the Form -Based Code. 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. CONDITIONS 1. With the exception of any modifications required by any of these conditions or as a result of development site plan review, the layout of the site shall be substantially as shown on the site plan entitled "CONCEPTUAL SITE PLAN FOR MULTI -FAMILY," dated March 7, 2014 as prepared by Gallup Surveyors and Engineers, LTD,. 2. With the exception of any modifications required by any of these conditions or as a result of reviews under the International Building Code, the dwellings on the site shall be substantially as shown on the drawing entitled 20th STREET DEVELOPMENT," dated 12,12,13, as prepared by Beach Building Group. Said drawings have been exhibited to the City Council and are on file in the Department of Planning. 3. By substantially conforming to the submitted site plan referenced in Condition #1, the residential canopy coverage requirement for this site shall be exceeded. 4. A subdivision plat shall be approved by Development Services Center. Said subdivision plat shall include an eighteen -foot wide ingress egress easement over the shared drive aisle. 5. The applicant shall make all proposed right-of-way improvements as required for 20th Street and as further required by Public Works / Traffic Engineering and Planning / Development Services Center as part of development site plan review. C&J INVESTORS, Agenda Ite 12 Pae6 6. The parking spaces and patios shall be constructed of permeable pavers. 7. 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 depicted on the plans referenced by Condition 1. 8. All mechanical equipment, including but not limited to HVAC units, shall be screened year-round by landscaping or fencing. Screening shall, at a minimum, be the height of the equipment. 9. All trash receptacles shall be stored in a manner such that they are not capable of being viewed from the public right-of-way. 10. All landscaping shown in the right-of-way on the site plan referenced by Condition 1 shall require an Encroachment Agreement from Landscape Management. If no agreement is reached, said landscaping shall be accounted for within the subject site. All proposed landscaping shall be reviewed and approved by the City Landscape Architect in the Development Services Center. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. C&J INVESTORS, L L C Abenda Iter 12 Pae 7 AERIAL PHOTOGRAPH OF SITE C&J INVESTORS, L.L.0 Agenda Item 12 Page 8 NOW OR FORMERLY RICHARD L NEAIHERY O.B. 2508 P. 1047 LOT 13 AND E. 1/2 OF 15 M.B. 5 P. 103 GPIN: 2417-97-9520 ZONED: OR NOW OR FORMERLY LAWRENCE W. EVERETT D.B. 2854 P. 1880 1919 51 CONDOMINIUM D.8. 2388 P. 2271 (PLAT) GPRN: 2417-97-8525 ZONED: OR .9 .9 PR 010 CO* $14M/NO RESODIINL C1'c TE APRON 20th STREET -P(80' R/W) (VNGNIA - PLAT) PROPOSED SITE LAYOUT (Condition 1) C&J INVESTORS, L.L.0 Agenda Item 12 Page 9 V 4,`, sem, /"65e A f, FRONT UNITS ARCHITECTURAL RENDERING C&J INVESTORS, L.L.0 Agenda Item 12 Page 10 i SITE RENDERING C&J INVESTORS, L.L.0 Agenda Item 12 Page 11 IMO MEN 111111 ME IU• ENE f•t4' swt 4aM r111111 ItlsnRK N ---- fl REAR ELEVATION FRONT ELEVATION RIGHT ELEVATION LO, •r- MMM 111 111 ■ 111 ■M■ ■ ■ LEFT ELEVATION ELEVATIONS FRONT UNITS j'..��N1A•BEq�-+�� C&J INVESTORS, L.L.0 Agenda Item 12 Page 12 REAR ELEVATION W.rd ELEVATION ar • ro• LE T ELEVATION 111 UM NNS MN KM ■ ■ RIGHT ELEVATION w••rc ELEVATIONS REAR UNITS f C&J INVESTORS, L.L.0 �. Agenda Item 12 Page 13 F OUR NPT 10 • Zoning with Conditions,Proffers, Open Space Promotion ZONING HISTORY # DATE REQUEST ACTION 1 11/28/2000 Enlargement of Nonconforming Use Approved 2 10/08/2013 Alternative Compliance Approved 3 05/14/2013 Alternative Compliance + Subdivision Variance Approved C&J INVESTORS, L.L.0 Agenda Item 12 Page 14 VE COMPLIA\CE APPL r 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) C & J Investors, LLC: William H. McCutcheon, Jr., Manager; Christopher 0. McCutcheon, Member 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) I Check here if the applicant is NOT a corporation. partnership, firm, business, or other unincorporated organization. Property Owner Disclosure Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organiza- tion, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below. (Attach fist if necessary) J & M Kellam Family Partnership: Marjorie P. Kellam, General Partner; John W. Kellam, Partner; Kathy K. Dougherty, Partner, Scott E. Kellam, Partner; Martha K. Smith, Partner 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) nCheck here if the property owner is NOT a corporation, partnership, firm, business, or other unin- corporated 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,O If yes, what is the name of the official or employee and the nature of their interest? • DISCLOSURE STATEMENT C&J INVESTORS, LL.0 Agenda Item 12 Pad' 15 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) Gallup Surveyors & Engineers, Ltd. Beach Building Group, Inc. JLS Contractor Services Sykes, Bourdn, Ahern & Levy, P.C. "Parent -subsidiary relationship' means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local 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 otherwise a close working relationship between the entities.' See State and Local Govemment Conflict of Interests Act, Va. Code § 2.2-3101. Certification I certify that the information contained herein is true and accurate. 1 understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. Applicant's ' •nature Print Name �� Mar' r;e, P. Ke/( ,- Pro rty er's Signature (if afferent than applicant) Bilnt Name CE APPLICATION J : DISCLOSURE STATEMENT C&J INVESTORS, L.L.0 Agenda Item 12 Page 16 Item #12 C & J Investors, L.L.C. Alternative Compliance 516 20th Street District 6 Beach April 9, 2014 CONSENT An application of C & J Investors, L.L.C. for a Special Exception for Alternative Compliance to the Oceanfront Resort District Form -Based Code on property located at 516 20th Street, District 6, Beach. GPIN: 2417978643. CONSENT 1. With the exception of any modifications required by any of these conditions or as a result of development site plan review, the layout of the site shall be substantially as shown on the site plan entitled "CONCEPTUAL SITE PLAN FOR MULTI -FAMILY," dated March 7, 2014 as prepared by Gallup Surveyors and Engineers, LTD,. 2. With the exception of any modifications required by any of these conditions or as a result of reviews under the International Building Code, the dwellings on the site shall be substantially as shown on the drawing entitled 20th STREET DEVELOPMENT," dated 12,12,13, as prepared by Beach Building Group. Said drawings have been exhibited to the City Council and are on file in the Department of Planning. 3. By substantially conforming to the submitted site plan referenced in Condition #1, the residential canopy coverage requirement for this site shall be exceeded. 4. A subdivision plat shall be approved by Development Services Center. Said subdivision plat shall include an eighteen -foot wide ingress egress easement over the shared drive aisle. 5. The applicant shall make all proposed right-of-way improvements as required for 20th Street and as further required by Public Works / Traffic Engineering and Planning / Development Services Center as part of development site plan review. 6. The parking spaces and patios shall be constructed of permeable pavers. 7. 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 depicted on the plans referenced by Condition 1. Item #12 C & J Investors, L.L.C. Page 2 8. All mechanical equipment, including but not limited to HVAC units, shall be screened year- round by landscaping or fencing. Screening shall, at a minimum, be the height of the equipment. 9. All trash receptacles shall be stored in a manner such that they are not capable of being viewed from the public right-of-way. 10. All landscaping shown in the right-of-way on the site plan referenced by Condition 1 shall require an Encroachment Agreement from Landscape Management. If no agreement is reached, said landscaping shall be accounted for within the subject site. All proposed landscaping shall be reviewed and approved by the City Landscape Architect in the Development Services Center. A motion was made by Commissioner Hodgson and seconded by Commissioner Horsley to approve item 12. AYE 9 NAY 0 ABS 0 ABSENT 2 BROCKWELL AYE HODGSON AYE HORSLEY AYE INMAN ABSENT OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI ABSENT RUSSO AYE THORNTON AYE WEINER AYE By a vote of 9-0, the Commission approved item 12 by consent. Eddie Bourdon appeared before the Commission on behalf of the applicant. L 1 MC P13210 -J 03z CUP for Assembly Use ' Zoning with Conditions/Proffers, Open Space Promotion E.i,gc-1) i , . -J 03z CUP for Assembly Use ' Zoning with Conditions/Proffers, Open Space Promotion s Wu �yy CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: NOEL GONZALEZ (Applicant) / BIRCHWOOD ASSOCIATES, LLC (Owner), Conditional Use Permit for an assembly hall. 329 Birchwood Park Drive (GPIN 1487341778). COUNCIL DISTRICT — LYNNHAVEN. MEETING DATE: May 13, 2014 • Background: The applicant requests a Conditional Use Permit for an assembly use (event hall for private gatherings and catering) within an existing 11,688 square foot building on property zoned 0-2 Office District. Assembly uses are permitted in the Office zoning districts with a Conditional Use Permit. • Considerations: The building can accommodate up to 350 guests for events such as weddings, corporate functions, workshops, meetings and church events. Apparently, prior to the applicant's recent leasing of the property, private gatherings were held on the site and a small church entered into a lease for approximately 1,000 square feet of the building (no Conditional Use Permit is required for a church Tess than 4,000 square feet located within a building). Staff could find no record of a Conditional Use Permit for the Assembly Use; so, the applicant is submitting this request "after the fact." Further details pertaining to the applicant's request, as well as Staff's evaluation of the request, are provided in the attached staff report. There was no opposition to the request. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval with the following conditions: 1. In the event that any portion of the existing privacy fence surrounding the property and adjacent to a residential district is removed or becomes dilapidated, the applicant shall install a solid fence, minimum six -feet in height, as a replacement. 2. The applicant shall obtain all necessary permits and inspections from the Planning Department/ Permits and Inspections Division. The applicant shall secure a Certificate of Occupancy from the Building Official's Office NOEL GONZALEZ Page2of2 for use of the existing building as an assembly use. 3. The maximum number of occupants of the building shall be as established by the City of Virginia Beach Fire Marshall. ■ Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department k., trvia. City Manager: S LYNNHAVEN NIap ca Noel Gonzalez R6 .6 .5 R R7,5 R7.5 - B2 7 S B2 a B2 VIRGINIA BEACH BLVD. •r.Ne.M Co.tlWonsPro X... O. Sp/.. Prom* REQUEST: Conditional Use Permit (assembly use) CUP for Assembly Use ADDRESS / DESCRIPTION: 329 Birchwood Park Drive 3 April 9, 2014 Public Hearing APPLICANT: NOEL GONZALEZ PROPERTY OWNER: BIRCHWOOD ASSOCIATES, LLC STAFF RLANNER: Carolyn A.K. Smith GPIN: ELECTION DISTRICT: SITE SIZE: 14873417780000 LYNNHAVEN 2.38 acres AICUZ: Less than 65 dB DNL BACKGROUND / DETAILS OF PROPOSAL The applicant requests a Conditional Use Permit for an assembly use within an existing 11,688 square foot building on property zoned 0-2 Office District. Assembly uses are permitted in the Office zoning districts with a Conditional Use Permit. Specifically, the assembly use is for an event hall for private gatherings with catering. The building can accommodate up to 350 guests for events such as weddings, corporate functions, workshops, meetings and church events. Apparently, prior to the applicant's recent leasing of the property, private gatherings were held on the site and a small church entered into a lease for approximately 1,000 square feet of the building (no Conditional Use Permit is required for a church less than 4,000 square feet located within a building). Staff could find no record of a Conditional Use Permit for the Assembly Use; so, the applicant is submitting this request "after the fact." According to City records, the existing building was constructed in 1960, prior to stormwater management and landscaping requirements. Existing fencing provides a screen from the parking lot to the adjacent residential properties to the north and east. The submitted survey depicts the existing building and the 125 on-site parking spaces set back nearly 600 feet from Virginia Beach Boulevard. The Zoning Ordinance requires for this use one parking space per 100 square feet of floor area of the building, which in this case results in a requirement of 116 spaces. NOEL GONZALEZ Agenda Item 3 Page 1 LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Assembly use and small church SURROUNDING LAND North: South: East: West: USE AND ZONING: NATURAL RESOURCE AND CULTURAL FEATURES: • Single-family dwellings / R-7.5 District • Offices / 0-2 Office District • Single-family dwellings / R-7.5 District • Offices / 0-2 Office District This site is within the Chesapeake Bay watershed. As the property was developed prior to landscape and stormwater management ordinances, the site is almost entirely impervious; therefore, there are no significant environmental or cultural features present. COMPREHENSIVE PLAN: The property is located within the Rosemont Strategic Growth Area (SGA). The Rosemont SGA Master Plan was adopted as a Comprehensive Plan amendment on September 13, 2011. The Rosemont SGA is envisioned as a transit -oriented residential village with complementary office and mixed -uses. More specifically, the Rosemont SGA Master Plan identifies the subject property to be within the Lynn Shores Redevelopment area. The Plan call for aging buildings at the end of their life -spans within Lynn Shores to be demolished and sites redeveloped on consolidated parcels as multi- family and single use retail buildings. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Birchwood Park Drive is a private street, with un -signalized access to the westbound lanes of Virginia Beach Boulevard, a fully built -out, eight -lane urban arterial. 0 TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Virginia Beach Boulevard 44,700 ADT 1 34,940 ADT 1(Level of Service "C") — 56,240 ADT 1 (Level of Service "D") Existing Zoning 1— 256 ADT Proposed Land Use 3 — 470 to 640 ADT 'Average Daily Trips las defined by a typical 11,688 square foot office building 3 as defined by assembly use (assuming 1.1 to 1.5 passengers per vehicle) NOEL GONZALEZ Agenda Item 3 Page 2 WATER & SEWER: This site is already connected to City water and sewer. There is an existing one - inch meter that may be used. There is an existing six-inch City water main in a 15 -foot Public Utility easement along the southeast side of the property. EVALUATION AND RECOMMENDATION The maximum height permitted in the 0-2 Office District is 75 feet. The existing one-story structure is a much better fit with the surrounding residences compared to a potential by -right six -story building as close as 20 feet from the property line. The Zoning Ordinance now requires a twenty -foot minimum yard along all lot lines adjoining Residential zoning districts with Category IV landscape screening (mix of evergreen trees and shrubs). As the property was developed in 1960, prior to these landscaping requirements, there is only a three-foot wide strip and a five-foot wide strip between the parking lot and the adjacent residential properties, which is inadequate room for large shrubs to grow tall enough to provide an adequate screen. Intermittently, some plant material exists beyond the privacy fence, in the rear yards of the residential properties. Without additional area between the parking lot and the fence and with the existing site conditions, at this time, a privacy fence provides the best barrier and screen possible. Staff recommends as a condition of approval that in the event the fence is removed or becomes dilapidated, the applicant be required to replace the fence. Rosemont SGA Master Plan identifies the subject property to be within the Lynn Shores Redevelopment Area. The Plan calls for ultimate development of the area into multi -family and retail buildings; however, in the short term, Staff believes that an assembly use within the existing building is compatible with the surrounding land uses. Also, in light of the fact that the building has been used over the years as an assembly use without incident and that there is adequate on-site parking available, Staff recommends approval subject to the conditions below. CONDITIONS 1. In the event that any portion of the existing privacy fence surrounding the property and adjacent to a residential district is removed or becomes dilapidated, the applicant shall install a solid fence, minimum six -feet in height, as a replacement. 2. The applicant shall obtain all necessary permits and inspections from the Planning Department/ Permits and Inspections Division. The applicant shall secure a Certificate of Occupancy from the Building Official's Office for use of the existing building as an assembly use. 3. The maximum number of occupants of the building shall be as established by the City of Virginia Beach Fire Marshall. NOEL GONZA.EZ Agenda It 3 Page 3 NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. NOEL GONZALEZ Agenda It 3 Page 4 AERIAL PHOTOGRAPH OF SITE LOCATION NOEL GONZALEZ Agenda Item 3 Page 5 3'.41/NT S777./ANG ('Picoi) £5 01(J-/) .2/A4/ac6 IMV /2.24 1i r \ 6 \ %)s c \e NA/W/CdPPL7 CLIQ6 RAMP I. 1-.C•/OGS-••• • .aavos=a .f7VRY O.. -a_ 3c%•;:�'.vO :O.v£O O•/ rr,ia5p 32? 3/.ZC..14•000 .aORn' •/ .•••••••% A.. AW. 499 /S'UT/L/TY £�l$M7 • szxr to t(J.3) ltd yam. tt���1j r /7 IC : rpy ;'•Z? O . %1 i0 /:^R==N S. 3`31'6^'11' S'Lir/L. -r SVO ?Ad/NAG! Cd3CM-Nr _— :ON£O A-6 SIACAllv000. GJ.a.2.:-N -s 370.66' SITE LAYOUT NOEL GONZALEZ Agenda Item 3 Page 6 --- ---I--- -- .9.�.1� _ti9s --- _ ®\ \ a \\ '\ \ \ •-- // 4 —) •\ \ \ \ \ '\ \\ S21 ml —J r id^n3 r a` ,` 4-4 N O _ 2 m4. / tlz }.VM111VM O•y - � d1 'f ///iril, D i i ' //////// I • IL / ���---L -'T —' j '/t--• / 5 i1II Cp r // I Qo L '1' o. t I 0 i r t—H— T l 1 lM - " 1 Ir 14 " la ID I r SITE AND ADJACENT PROPERTY NOEL GONZALEZ Agenda Item 3 Page 7 PHOTOGRAPHS OF BUILDING AND SITE NOEL GONZALEZ Agenda Item 3 Page 8 LYNNHAVEN Map G-7 Map Not to Scale Noel Gonzalez $2 IR+GINtA BEACH BLVD. • Zoning with Conditions4'roffers, Open Space Promotion CUP for Assembly Use (Clubs) ZONING HISTORY # DATE REQUEST ACTION 1 06/12/07 Conditional Use Permit (motor vehicle rental) Granted NOEL GONZALEZ Agenda Item 3 Page 9 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) /L./ve/ 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ❑ Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) oni 0 clkqe.,cLLL - tw Av:L 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ❑ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & 2 See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes No If yes, what is the name of the official or employee and the nature of their interest? 1 1 F 0 DISCLOSURE STATEMENT NOEL GONZALEZ t. Agenda Item 3 Page 10 1 CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to cheduled public hearing according to the instructions in this package. The undersigned also entry upon the subject property by employees of the Department of Planning to p j ograph an view the site for purposes of processing and evaluating this application. 14/jef -6;176t...6 2— Print Name •Appli .= nt's ' . nature 31az4-4•wcxb A€SOc- Ptperty Own is Signature (if different than applicant) Print N e DISCLOSURE STATEMENT NOEL GONZALEZ Agenda Item 3 Page 11 ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) 1 "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (1) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Govemment Conflict of Interests Act, Va. Code § 2.2-3101. 1 CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to cheduled public hearing according to the instructions in this package. The undersigned also entry upon the subject property by employees of the Department of Planning to p j ograph an view the site for purposes of processing and evaluating this application. 14/jef -6;176t...6 2— Print Name •Appli .= nt's ' . nature 31az4-4•wcxb A€SOc- Ptperty Own is Signature (if different than applicant) Print N e DISCLOSURE STATEMENT NOEL GONZALEZ Agenda Item 3 Page 11 Item #3 Noel Gonzalez Conditional Use Permit 329 Birchwood Park Drive District 5 Lynnhaven April 9, 2014 CONSENT An application of Noel Gonzalez for a Conditional Use Permit (assembly use) on property located at 329 Birchwood Park Drive, District 5, Lynnhaven. GPIN: 14873417780000. CONDITIONS 1. In the event that any portion of the existing privacy fence surrounding the property and adjacent to a residential district is removed or becomes dilapidated, the applicant shall install a solid fence, minimum six -feet in height, as a replacement. 2. The applicant shall obtain all necessary permits and inspections from the Planning Department/ Permits and Inspections Division. The applicant shall secure a Certificate of Occupancy from the Building Official's Office for use of the existing building as an assembly use. 3. The maximum number of occupants of the building shall be as established by the City of Virginia Beach Fire Marshall. A motion was made by Commissioner Hodgson and seconded by Commissioner Horsley to approved item 3. AYE 9 NAY 0 ABS 0 ABSENT 2 BROCKWELL AYE HODGSON AYE HORSLEY AYE INMAN ABSENT OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI ABSENT RUSSO AYE THORNTON AYE WEINER AYE Item #3 Noel Gonzalez Page 2 By a vote of 9-0, the Commission approved item 3 by consent. Mary Lou Goldberg appeared before the Commission on behalf of the applicant. uopouioad aaedS uadp `saaJJoadrsuompuoj tipm 6uiuo1, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: HIF, LLC, HIC, LLC; MACH ONE, LLC (Applicant/Owner), Conditional Change of Zoning, B-2 Community Business to Conditional A-18 Apartment. West side of Windsor Oaks Boulevard, approximately 400 feet south of Holland Road (GPIN 1486144604). ROSE HALL DISTRICT. MEETING DATE: May 13, 2014 • Background: The applicants propose to change the zoning of this currently undeveloped property from Conditional B-2 Community Business District and B-2 Community Business District to Conditional A-18 Apartment for the purpose of developing the site with a multifamily residential community of 252 dwelling units. The dwellings will consist of 191 apartment -style units within 4 buildings and 61 townhouse - style units within 11 buildings. The site is the last undeveloped area of what was known as the Mast Farm. The other portions of the Mast Farm have been developed with the Town Square planned community to the south and commercial uses to the north, including the recent renovation of the former Super Kmart to a Kroger Marketplace. The subject site was previously zoned for multifamily residential (A-12 Apartment) and single-family residential (R-7.5 Residential). In 2001, however, the City Council granted a Conditional Change of Zoning of the site to B-2 Community Business. The proffers associated with that rezoning were tied to development of the site for retail commercial use. This item was deferred by the City Council on April 8, 2014 at the request of the applicant for the purpose of the applicant's desire to meet with residents in the surrounding area. • Considerations: Unlike a traditional multifamily residential development, each apartment building will have a mixture of units consisting of varying floor area sizes, number of bedrooms, and varying designs, such as townhouse -style and loft -style units with an internal garage accessed from the parking lot drive aisle. Moreover, the different types of unit styles are combined in such a way that portions of the apartment buildings will be four stories while others are three stories and two stories. The intent of this variation, combined with the overall design of the site, is to break up the building mass typical of apartment buildings as well as providing a variety of housing choices that will enhance the diversity of the community. HIF, HIC, MACH ONE Page 2 of 4 As encouraged by the policies of the Comprehensive Plan, the applicants' proposed development of the site for a mix of multi -family residential dwelling types provides not only additional quality rental housing for residents but also a variety of choices within a single community. The site design is unique in the intent to create a sense of place as a single-family residential community through various design elements and in the use of different unit types and sizes as a means to provide visual interest to the buildings while also reducing the building mass. Desired amenities are being provided including active recreational areas, garage facilities available for tenants, indoor bicycle storage, bicycle racks, and an extensive sidewalk system. Specific details pertaining to site layout and building design are provided in the attached staff report. As provided for by Section 107(i) of the City Zoning Ordinance, the applicant is requesting that the City Council allow a deviation from the maximum allowable height for the A-18 zoning district of thirty-five feet (35') to a maximum height of sixty feet (60') and no more than four (4) stories. Staff finds that due to the distance from the buildings on the subject site to the nearest residential structure outside the subject site, there will be no significant detrimental effects on surrounding properties, and accordingly, such a deviation should be permitted. 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 as proffered. PROFFER 1: When developed, the Grantor shall develop the Property in substantial conformity with the conceptual site plan prepared by Cox, Kliewer & Company, P .C., entitled "Mast Farm, Virginia Beach, Virginia," dated January 10, 2014 (the "Concept Plan"), a copy of which is on file with the Department of Planning and has been exhibited to the City Council. PROFFER 2: The number of residential units developed on the Property shall not exceed two hundred fifty-two (252). PROFFER 3: The quality of architectural design and materials of the multifamily apartment buildings constructed on the Property, when developed, shall be in substantial conformity with the exhibit prepared by Cox, Kliewer & Company, P.C., entitled "Building One Street Front Elevation, Mast Farm, Virginia Beach, Virginia", HIF, HIC, MACH ONE Page 3of4 dated December 16, 2013 (the "Apartment Rendering"), a copy of which is on file with the Department of Planning and has been exhibited to the City Council. PROFFER 4: The quality of architectural design and materials of the townhouses and clubhouse constructed on the Property, when developed, shall be in substantial conformity with the exhibit prepared by Cox, Kliewer & Company, P.C., entitled "Clubhouse Elevation", "Townhouse Elevation", Mast Farm, Virginia Beach, Virginia", dated December 16, 2013 (the "Townhouse Rendering"), a copy of which is on file with the Department of Planning and has been exhibited to the City Council. PROFFER 5: Freestanding signage located on the Property along Windsor Oaks Boulevard, when developed, shall be in substantial conformity with that depicted on the exhibit entitled "Project Sign at Windsor Oaks Boulevard, Mast Farm, Virginia Beach, Virginia", dated January 10, 2014, and prepared by Cox, Kliewer & Company, P.C. (the "Windsor Oaks Sign Rendering"), a copy of which is on file with the Department of Planning and has been exhibited to the City Council. PROFFER 6: Freestanding signage located on the Property along Holland Road, when developed, shall be in substantial conformity with that depicted on the exhibit entitled "Project Sign at Holland Road, Mast Farm, Virginia Beach, Virginia", dated January 10, 2014, and prepared by Cox, Kliewer & Company, P.C. (the "Holland Road Sign Rendering"), a copy of which is on file with the Department of Planning and has been exhibited to the City Council. PROFFER 7: Fencing located on the Property along Windsor Oaks Boulevard, when developed, shall be in substantial conformity with that depicted on the exhibit entitled "Perimeter Fence at Windsor Oaks Blvd., Mast Farm, Virginia Beach, Virginia", dated January 10, 2014, and prepared by Cox, Kliewer & Company, P.C. (the "Fence Rendering"), a copy of which is on file with the Department of Planning and has been exhibited to the City Council. PROFFER 8: As provided for by Section 107(i) of the City Zoning Ordinance, and upon a finding by the City Council that there will be no significant detrimental effects on surrounding properties, a deviation from the maximum allowable height for the A-18 zoning district of thirty-five feet (35') feet to a maximum height of sixty feet (60') and no more than four (4) stories will be permitted. PROFFER 9: Further conditions lawfully imposed by applicable development ordinances may be required by the Grantee during detailed site plan and/or subdivision review HIF, HIC, MACH ONE Page 4of4 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 ensure that the quality site and building design as well as the amenities depicted on the submitted plans will be provided as shown. The City Attorney's Office has reviewed the Conditional Zoning Agreement dated January 10, 2014 and found it to be legally sufficient and in acceptable legal form. • Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager' HIF, L.Lj HICK L.L.C.�Mach One ..n� a MND ROAD • Zoning do crosvd allo01 .. on« sw..►.na+o. Conditional Zoning Change from Conditional8.2 and 8-2 to CondlionalA-18 1 March 12, 2014 Public Hearing APPLICANTS & PROPERTY OWNERS: HIF, L.L.C.; HIC, L.L.C.; MACH ONE, L.L.C. STAFF PLANNER: Stephen J. White REQUEST: Conditional Change of Zoning (Conditional B-2 and B-2 to Conditional A-18) ADDRESS / DESCRIPTION: Windsor Oaks Boulevard, south of Holland Road GPIN: ELECTION DISTRICT: SITE SIZE: 14861446040000 ROSE HALL 14.12 acres AICUZ: Less than 65 dB DNL • BACKGROUND / DETAILS OF PROPOSAL Background The applicants propose to change the zoning of this currently undeveloped property from Conditional B-2 Community Business District and B-2 Community Business District to Conditional A-18 Apartment for the purpose of developing the site with a multifamily residential community of 252 dwelling units. The dwellings will consist of 191 apartment -style units within 4 buildings and 61 townhouse -style units within 11 buildings. The site is the last undeveloped area of what was known as the Mast Farm. The other portions of the Mast Farm have been developed with the Town Square planned community to the south and commercial uses to the north, including the recent renovation of the former Super Kmart to a Kroger Marketplace. The subject site was previously zoned for multifamily residential (A-12 Apartment) and single-family residential (R-7.5 Residential). In 2001, however, the City Council granted a Conditional Change of Zoning of the site to B-2 Community Business. The proffers associated with that rezoning were tied to development of the site for retail commercial use. HIF, L.L.C.; HIC, L.L.C.; MACH ONE, L.L.C. Agenda Item 1 Page 1 Details Unlike a traditional multifamily residential development, each apartment building will have a mixture of units consisting of varying floor area sizes, number of bedrooms, and varying designs, such as townhouse -style and loft -style units with an internal garage accessed from the parking lot drive aisle. Moreover, the different types of unit styles are combined in such a way that portions of the apartment buildings will be four stories while others are three stories and two stories. The intent of this variation, combined with the overall design of the site, is to break up the building mass typical of apartment buildings as well as providing a variety of housing choices that will enhance the diversity of the community. UNIT MATRIX ALAS! 60191Ma1 PYOK0103 WV 510 SA1'R0IAYAtE PARKIN:: REOUIRF TT 194 NON TOWNHOUSE UMTS 5010 14441 7, PARKING PROVIDED t1N ORADF PARK NO SPACES P90040ED I0YM110VSE GARAGE SPACES PROVIDED. 100 TOWNHOUSE ON GRADE SPACES PROVIDED 767 GARAGE- 9PA(25' 58 TOWVIK)U5E UMTS 0 2 EA 11 E TOTA1 PARKING PROVIDED TOTAL PARKING REQUIRED MB ACREAGE OF PROPERTY TORE ZONED Iµ 11-9 AMR 1412 AORES 17 70 ONITS/ACHE 408 SPACER 68 S ACES 58 SPACES 23 SPACES 547 SPACES PROPOSED OE1440,19 BLDG. LEGEND 1 DEDROOM1 28EDRODAY GARDEN DARDEN `56 G'r 1060560 1 BEDROOW CORNER M0006 aUW[Moll" S1WiiDP 29EDR00W 1OM 0ME 08F LISTED DOES NOT INCLUDE BALCONY MECH. SPACE. OR GARAGE 7 BEDROOM/ 5" 101111 +w 16RAN5S 6w 4YC4 SUM o00 /®SSPiOAG�• • =row f Access to the community is provided on both Windsor Oaks Boulevard and Holland Road. The Holland Road access is already constructed and is in use, serving a drugstore building and a retail building. The point at which the access roadway connects with Holland Road will be modified to include a median, where a community identification sign is proposed. The access roadway is located between those two buildings and then wraps around the drugstore on the corner to provide access to Windsor Oaks Boulevard. The access roadway was designed such that it could also allow access to the subject site, and the previously proffered commercial shopping center. The connection will now provide access to the proposed residential community. Based on its design, location directly in front of the community clubhouse, and role as the primary connection to the main drive aisles, the access point located on Windsor Oaks Boulevard is the principal entry and exit for the community. The site plan shows a gated fire truck access at the southern end of the site, where there is an existing median opening with northbound left -turn lane on Windsor Oaks Boulevard. After entering the site from the primary access point, a circular water feature provides a focal point while also acting as a small roundabout, slowing the internal traffic at the most critical intersection in the community. The main community identification sign is an integral part of the water feature, with water flowing up into the brick base of the sign and then out of the base, falling into the pool below. One access drive wraps around the largest apartment building while a second access drive runs parallel to Windsor Oaks Boulevard. The design of this second access is such that the intent is to create a streetscape similar to a 'street' within a single-family neighborhood. The 'street' includes changes in pavement to provide traffic -calming as well as crosswalks between sections of the community. Apartment buildings are located on the western side of the street and the townhouses on the eastern side. The design intent to create a single-family street is reinforced by placing the front of some of the townhouses on the street. Although there are parking spaces directly in front of some of the townhouses, the primary HIF, L.L.C.; HIC, L.L.C.; MACH ONE, L.L.C. Agenda Item 1 Page 2 14117..1 A I IAA I401c, 4 0RMT1 1981101 1 /4270011; 'Wog! I6E _ _47( TTJTA_S -- 1 0 0 4 0 0 .6 50. .-,:OR1Bi 0 0 0 O 0 0 0 1) 0 •2 407 I.1 C.7FUER 19 M 4111 9 1P 1P 31 0 110 66015 . O010E02AV0 1 0 0 1 0 0 1 0 0 1 21 0A TOYPFOLbE 00 4 1 0 0 0 0 a ID 907. 5634513E140 a 1 0 4 0 6 5 0 n 4e. I. 110I$t4 1 0 1 O 6 0 0 6 0 9 12a 041.171 1 1 0 1 0 6 4 0 0 9r7 1816 15 25 40 .6 9 20 10 N 64 03' PARKIN:: REOUIRF TT 194 NON TOWNHOUSE UMTS 5010 14441 7, PARKING PROVIDED t1N ORADF PARK NO SPACES P90040ED I0YM110VSE GARAGE SPACES PROVIDED. 100 TOWNHOUSE ON GRADE SPACES PROVIDED 767 GARAGE- 9PA(25' 58 TOWVIK)U5E UMTS 0 2 EA 11 E TOTA1 PARKING PROVIDED TOTAL PARKING REQUIRED MB ACREAGE OF PROPERTY TORE ZONED Iµ 11-9 AMR 1412 AORES 17 70 ONITS/ACHE 408 SPACER 68 S ACES 58 SPACES 23 SPACES 547 SPACES PROPOSED OE1440,19 BLDG. LEGEND 1 DEDROOM1 28EDRODAY GARDEN DARDEN `56 G'r 1060560 1 BEDROOW CORNER M0006 aUW[Moll" S1WiiDP 29EDR00W 1OM 0ME 08F LISTED DOES NOT INCLUDE BALCONY MECH. SPACE. OR GARAGE 7 BEDROOM/ 5" 101111 +w 16RAN5S 6w 4YC4 SUM o00 /®SSPiOAG�• • =row f Access to the community is provided on both Windsor Oaks Boulevard and Holland Road. The Holland Road access is already constructed and is in use, serving a drugstore building and a retail building. The point at which the access roadway connects with Holland Road will be modified to include a median, where a community identification sign is proposed. The access roadway is located between those two buildings and then wraps around the drugstore on the corner to provide access to Windsor Oaks Boulevard. The access roadway was designed such that it could also allow access to the subject site, and the previously proffered commercial shopping center. The connection will now provide access to the proposed residential community. Based on its design, location directly in front of the community clubhouse, and role as the primary connection to the main drive aisles, the access point located on Windsor Oaks Boulevard is the principal entry and exit for the community. The site plan shows a gated fire truck access at the southern end of the site, where there is an existing median opening with northbound left -turn lane on Windsor Oaks Boulevard. After entering the site from the primary access point, a circular water feature provides a focal point while also acting as a small roundabout, slowing the internal traffic at the most critical intersection in the community. The main community identification sign is an integral part of the water feature, with water flowing up into the brick base of the sign and then out of the base, falling into the pool below. One access drive wraps around the largest apartment building while a second access drive runs parallel to Windsor Oaks Boulevard. The design of this second access is such that the intent is to create a streetscape similar to a 'street' within a single-family neighborhood. The 'street' includes changes in pavement to provide traffic -calming as well as crosswalks between sections of the community. Apartment buildings are located on the western side of the street and the townhouses on the eastern side. The design intent to create a single-family street is reinforced by placing the front of some of the townhouses on the street. Although there are parking spaces directly in front of some of the townhouses, the primary HIF, L.L.C.; HIC, L.L.C.; MACH ONE, L.L.C. Agenda Item 1 Page 2 parking for each townhouse is located at the rear of the townhouse, accessed from separate drives that intersect the main street. The principal recreational amenity is located at the main entrance to the community within a space enclosed on three sides by the main apartment building. The central feature of this space is a swimming pool, which is enclosed on the fourth side by a community clubhouse. The space also provides lawn area of sufficient size that active recreation can occur, such as volleyball. Pedestrian movement throughout the site is provided by a system of sidewalks, including a pathway that runs along the eastern side of the stormwater management lake, which is located at the southwest corner of the subject site. nLZIIOi i L-- '� r WINDSOR OAKS L V D 0 0 The site plan also shows four separate garage buildings at evenly distributed locations on the site. As is typical when such units are provided, they will be available to the tenants for an additional fee. Three bicycle racks are also located at evenly distributed locations on the site. Additionally, a unit within one of the garage buildings is designated for interior bicycle storage. Trash disposal on the site will be through a private service, and there are three dumpster enclosures located in three unobtrusive locations; each enclosure includes landscape plantings on the exterior. Landscape plantings are located throughout the site, primarily within the parking lot islands, the southern and western sides of the site and the Windsor Oaks Boulevard frontage. The Windsor Oaks Boulevard frontage also includes a 4 -foot high black aluminum picket fence with brick columns spaced 24 feet - 6 inches apart. The landscape plantings along the western lot line, adjacent to the houses within the Timberlake community, are consistent with a Category IV Landscape Buffer. The exterior design of the buildings provides a variation in materials, window types, and building height that results, as previously noted, in a reduction the building mass typically associated with multifamily buildings. The exterior of the buildings consist of three primary materials: brick, cement fiberboard siding, and EIFS. The materials are arranged on the exterior at various heights to provide additional relief to the building mass and to increase the overall appearance of each building. Sections of the buildings project from the primary plane of the facade and each is capped by a seamed metal roof. The main roof is sheathed with fiberglass shingles. HIF, L.L.C.; HIC, L.L.C.; MACH ONE, L.L.C. Agenda Item 1 Page 3 LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Undeveloped site, which is being cultivated for crops. SURROUNDING LAND North: • Retail shops / B-2 Community Business District USE AND ZONING: South: • Multifamily dwellings / PD -H2 Planned Development District [A-12 Apartment] East: • Windsor Oaks Boulevard • Commercial shopping center / Conditional B-2 Community Business District • Multifamily dwellings / PD -H2 Planned Unit Development District [A-12 Apartment] West: • Single-family homes / PD -H1 Planned Unit Development District NATURAL RESOURCE AND CULTURAL FEATURES: The majority of the site is a field being cultivated for crops. A stormwater management facility is located in the southwest corner of the site, shared with the residential community to the south. There are no known cultural or historic significance associated with the site. COMPREHENSIVE PLAN: The Comprehensive Plan identifies this site as being located within the Suburban Area. The general planning principles for the Suburban Area focus on preserving and protecting the overall character, economic value, aesthetic quality of the stable neighborhoods, and reinforcing the suburban characteristics of commercial centers and other non-residential areas that comprise part of the Suburban Area. 4 0 IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Holland Road is a four -lane urban minor arterial. It is listed in the Master Transportation Plan Major Street Network Ultimate Rights -of -Way as a six -lane facility in a 150 -foot wide right-of-way; however, there is no current Roadway CIP project for that ultimate width. Windsor Oaks Boulevard is a four -lane collector. It is listed in the Master Transportation Plan Major Street Network Ultimate Rights -of -Way as a four -lane facility in an 80 -foot wide right-of-way. It is, therefore, currently at its ultimate width. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Holland Road 39,800 ADT 1 22,800 ADT 1(Level of Existing Land Use 2— (2013) Service "D") — 27,400 0 ADT ADT 1 (Level of Service Proposed Land Use 3- "E") 1,226 ADT o x r HIF, L.L.C.; HIC, L.L.C.; MACH ONE, L.L.C. Agenda Item 1 Page 4 2 I ll Windsor Oaks Boulevard 8,400 ADT (2013) 13,100 ADT (Level of Service "C") — 20,700 ADT (Level of Service «D") 142 AM Peak Hour Trips 169 PM Peak Hour trips based on a Average Daily Trips 2 as defined by undeveloped site 'as defined by 191 apartment units and 61 townhouse units. Comments: Although the trip generation for the proposed use does meet the threshold for a Traffic Impact Study (TIS), Traffic Engineering has waived the requirement for a TIS based on the site layout as shown on the submitted site plan. All entrances shown on that plan are fully improved, with no space to lengthen the existing turn lanes. The full -access point on Windsor Oaks Boulevard is ineligible for signalization, even if volumes were to warrant it, because of its proximity to the existing signal at Holland Road. WATER: This site must connect to City water. There are 8 -inch City water mains in the access roadway on the northern side of the site, in Windsor Oaks Boulevard, and at the main access point into the subject site. There is a 16 -inch water main in Holland Road. SEWER: This site must connect to City sanitary sewer. There are 8 -inch sewer lines in Windsor Oaks Boulevard, the access roadway on the northern side of the site, and at the main access point into the subject site. SCHOOLS: School ECurrent nrollment Capacity Generation' Change 2 White Oaks Elementary 683 648 33 33 Larkspur Middle 1,632 1,684 15 15 Green Run 1,689 1,910 18 18 1 "generation" represents the number of students that the development will add to the school 2 "change" represents the difference between generated students under the existing zoning and under the proposed zoning. The number can be positive (additional students) or negative (fewer students). 4 • EVALUATION AND RECOMMENDATION The applicants' proposed development of the site for a mix of multi -family residential dwelling types provides not only additional quality rental housing for residents but also a variety of choices within a single community. The site design is unique in the intent to create a sense of place as a single-family residential community through various design elements and in the use of different unit types and sizes as a means to provide visual interest to the buildings while also reducing the building mass. Desired amenities are being provided including active recreational areas, garage facilities available for tenants, indoor bicycle storage, bicycle racks, and an extensive sidewalk system. The request is generally consistent with the Comprehensive Plan's land use policies for the Suburban Area with regard to both land use and design of the site and buildings. HIF, L.L.C.; HIC, L.L.C.; MACH ONE, L.L.C. Agenda Item 1 z Page 5 Based on the above, staff recommends approval of the requested Change of Zoning as proffered. 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 developed, the Grantor shall develop the Property in substantial conformity with the conceptual site plan prepared by Cox, Kliewer & Company, P .C., entitled "Mast Farm, Virginia Beach, Virginia," dated January 10, 2014 (the "Concept Plan"), a copy of which is on file with the Department of Planning and has been exhibited to the City Council. PROFFER 2: The number of residential units developed on the Property shall not exceed two hundred fifty-two (252). PROFFER 3: The quality of architectural design and materials of the multifamily apartment buildings constructed on the Property, when developed, shall be in substantial conformity with the exhibit prepared by Cox, Kliewer & Company, P.C., entitled "Building One Street Front Elevation, Mast Farm, Virginia Beach, Virginia", dated December 16, 2013 (the "Apartment Rendering"), a copy of which is on file with the Department of Planning and has been exhibited to the City Council. PROFFER 4: The quality of architectural design and materials of the townhouses and clubhouse constructed on the Property, when developed, shall be in substantial conformity with the exhibit prepared by Cox, Kliewer & Company, P.C., entitled "Clubhouse Elevation", "Townhouse Elevation", Mast Farm, Virginia Beach, Virginia", dated December 16, 2013 (the "Townhouse Rendering"), a copy of which is on file with the Department of Planning and has been exhibited to the City Council. PROFFER 5: Freestanding signage located on the Property along Windsor Oaks Boulevard, when developed, shall be in substantial conformity with that depicted on the exhibit entitled "Project Sign at Windsor Oaks Boulevard, Mast Farm, Virginia Beach, Virginia", dated January 10, 2014, and prepared by Cox, Kliewer & Company, P.C. (the "Windsor Oaks Sign Rendering"), a copy of which is on file with the Department of Planning and has been exhibited to the City Council. PROFFER 6: Freestanding signage located on the Property along Holland Road, when developed, shall be in substantial conformity with that depicted on the exhibit entitled "Project Sign at Holland Road, Mast Farm, Virginia Beach, Virginia", dated January 10, 2014, and prepared by Cox, Kliewer & Company, P.C. (the "Holland Road Sign Rendering"), a copy of which is on file with the Department of Planning and has been exhibited to the City Council. HIF, L.L.C.; HIC, L.L.C.; MACH ONE, L.L.C. Agenda Item 1 Page 6 05,4 PROFFER 7: Fencing located on the Property along Windsor Oaks Boulevard, when developed, shall be in substantial conformity with that depicted on the exhibit entitled "Perimeter Fence at Windsor Oaks Blvd., Mast Farm, Virginia Beach, Virginia", dated January 10, 2014, and prepared by Cox, Kliewer & Company, P.C. (the "Fence Rendering"), a copy of which is on file with the Department of Planning and has been exhibited to the City Council. PROFFER 8: As provided for by Section 107(i) of the City Zoning Ordinance, and upon a finding by the City Council that there will be no significant detrimental effects on surrounding properties, a deviation from the maximum allowable height for the A-18 zoning district of thirty-five feet (35') feet to a maximum height of sixty feet (60') and no more than four (4) stories will be permitted. PROFFER 9: 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 ensure that the quality site and building design as well as the amenities depicted on the submitted plans will be provided as shown. The City Attorney's Office has reviewed the Conditional Zoning Agreement dated January 10, 2014 and found it to be legally sufficient and in acceptable legal form. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit or 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. , rr A' BF -4i HIF, L.L.C.; HIC, L.L.C.; MACH ONE, L.L.C. Agenda Item 1 4 Page 7 AERIAL OF SITE LOCATION HIF, L.L.C.; HIC, L.L.C.; MACH ONE, L.L.C. Agenda Item 1 Page 8 G)\. klirw•i i\ BLDG. LEGEND UNIT MATRIX �. ANT SCHEDULE f1OL'Ol A0000YI YINI00IA'1-10Y39 01Nl IA WaVJ iSVW • • js{ { g i wl EI�nil 3ii ei - E; !I!IL'i'!i _ . . . . PROPOSED SITE PLAN HIF, L.L.C.; HIC, L.L.C.; MACH ONE, L.L.C. Agenda Item 1 Page 9 MAST FARM VIRGINIA BEACH. VI DISCLOSURE STATEMENT HIF, L.L.C.; HIC, L.L.C.; MACH ONE, L.L.C. Agenda Rem 1 Page 10 1■:. 1N Off MAST FARM V RGiNIA BEACH. VIRGINIA DISCLOSURE STATEMENT =.041A•8F4 ."t HIF, L.L.C.; HIC, L.L.C.; MACH ONE, L.L.C. r�'C Agenda Item 1 Page 11 �k, §)) 0 0 0 D 0 k ( 2 d 0 0 re � 0 0 an kaa JANUARY 10. 2014 VIRGINIA BEACH. VIRGINIA DISCLOSURE STATEMENT HIF, L.L.C.; HIC, L.L.C.; MACH ONE, L.L.C. Agenda Item 1 Page 12 ROSE HALL \Tan F-8 HIF L.L.C.; HICK L.L.0 Mai h 1 1 C HOLLAND ROAD • Zoning with Conditions/Proffers, Open Space Promotion Conditional Zoning Change from Conditional B-2 and B-2 to Conditional A-18 ZONING HISTORY # DATE REQUEST ACTION 1 02/25/2014 Modification of Proffers Approved 2 06/12/2012 Conditional Use Permit (Fuel Pumps) Approved 3 10/11/2011 Modification of Proffers Approved 4 04/26/2011 Conditional Use Permit (Indoor Recreation Facility) Approved 5 07/01/2011 Modification of Proffers Approved 11/04/1994 Change of Zoning (A -12,R-7.5, and B-2 to Conditional B-2) Approved 6 10/28/1997 Change of Zoning (A-12 to B-2) Approved 07/10/2001 Change of Zoning (A-12 and R-7.5 to Conditional B-2) Approved 7 07/10/2001 Change of Zoning (A-12, R-7.5, and 0-2 to Conditional PD -H2 [A-12]) Approved BP HIF, L.L.C.; HIC, L.L.C.; MACH ONE, L.L.C. Agenda Item 1 Page 13 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) Please see attached. 2. List all businesses that have a parent -subsidiary or affiliated business entity2 relationship with the applicant: (Attach list if necessary) Please see attached. Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach listifnecessary) Same as Applicant. 2. List all businesses that have a parent-subsidiary1 or affiliated business entity2 relationship with the applicant: (Attach list if necessary) EiCheck here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & 2 See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes 1 No Int If yes, what is the name of the official or employee and the nature of their Interest? N/A i j 1 g 1 • DISCLOSURE STATEMENT HIF, L.L.C.; HIC, L.L.C.; MACH -ONE, L.:. Agenda Item 1 Page 14 a .m.. . a.mya s a 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) Cox, Kliewer & Company, P.C. -- Architectural and Design Services K.imley-Hom & Associates, Inc. -- Engineering Services Troutman Sanders LLP -- Legal Services 1 "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 22-3101. 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, (11) a controlling owner in one entity Is also a controlling owner In the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities.° See State and Local Govemment Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: i certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. See attached page. Applicant's Signature Print Name See attached page. Property Owner's Signature (If different than applicant) Print Name DISCLOSURE STATEMENT HIF, L.L.C.; HIC, L.L.C.; MACM`ONE, L' Agenda It Page -15 Conditional Re -Zoning Application Windsor Oaks Boulevard and Holland Road (GPIN: 1486-14-4604-0000) Signature of Owners/Applicants HIF, Pr Its: MA « ONE, LLC DISCLOSURE STATEMENT HIF, L.L.C.; HIC, L.L.C.; MACH -ONE, L Agenda It Page 16 Item #1 HIF, L.L.C.; HIC, L.L.C.; Mach One, L.L.C. Conditional Change of Zoning West side of Windsor Oaks Boulevard, approximately 400 feet South of Holland Road District 3 Rose Hall March 12, 2014 CONSENT An application of HIF, L.L.C.; HIC, L.L.C.; and Mach One, L.L.C. for a Conditional Change of Zoning (Conditional B-2 and B-2 to Conditional A-18) on property located on Windsor Oaks Boulevard, south of Holland Road, District 3, Rose Hall. GPIN: 14861446040000. PROFFERS PROFFER 1: When developed, the Grantor shall develop the Property in substantial conformity with the conceptual site plan prepared by Cox, Kliewer & Company, P .C., entitled "Mast Farm, Virginia Beach, Virginia," dated January 10, 2014 (the "Concept Plan"), a copy of which is on file with the Department of Planning and has been exhibited to the City Council. PROFFER 2: The number of residential units developed on the Property shall not exceed two hundred fifty- two (252). PROFFER 3: The quality of architectural design and materials of the multifamily apartment buildings constructed on the Property, when developed, shall be in substantial conformity with the exhibit prepared by Cox, Kliewer & Company, P.C., entitled "Building One Street Front Elevation, Mast Farm, Virginia Beach, Virginia", dated December 16, 2013 (the "Apartment Rendering"), a copy of which is on file with the Department of Planning and has been exhibited to the City Council. PROFFER 4: The quality of architectural design and materials of the townhouses and clubhouse constructed on the Property, when developed, shall be in substantial conformity with the exhibit prepared by Cox, Kliewer & Company, P.C., entitled "Clubhouse Elevation", "Townhouse Elevation", Mast Farm, Virginia Beach, Virginia", dated December 16, 2013 (the "Townhouse Rendering"), a copy of which is on file with the Department of Planning and has been exhibited to the City Council. Item #1 HIF, L.L.C.; HIC, L.L.C.; Mach One, L.L.C. Page 2 PROFFER 5: Freestanding signage located on the Property along Windsor Oaks Boulevard, when developed, shall be in substantial conformity with that depicted on the exhibit entitled "Project Sign at Windsor Oaks Boulevard, Mast Farm, Virginia Beach, Virginia", dated January 10, 2014, and prepared by Cox, Kliewer & Company, P.C. (the "Windsor Oaks Sign Rendering"), a copy of which is on file with the Department of Planning and has been exhibited to the City Council. PROFFER 6: Freestanding signage located on the Property along Holland Road, when developed, shall be in substantial conformity with that depicted on the exhibit entitled "Project Sign at Holland Road, Mast Farm, Virginia Beach, Virginia", dated January 10, 2014, and prepared by Cox, Kliewer & Company, P.C. (the "Holland Road Sign Rendering"), a copy of which is on file with the Department of Planning and has been exhibited to the City Council. PROFFER 7: Fencing located on the Property along Windsor Oaks Boulevard, when developed, shall be in substantial conformity with that depicted on the exhibit entitled "Perimeter Fence at Windsor Oaks Blvd., Mast Farm, Virginia Beach, Virginia", dated January 10, 2014, and prepared by Cox, Kliewer & Company, P.C. (the "Fence Rendering"), a copy of which is on file with the Department of Planning and has been exhibited to the City Council. PROFFER 8: 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. A motion was made by Commissioner Hodgson and seconded by Commissioner Thornton to approve item 1. AYE 11 NAY 0 ABS 0 ABSENT 0 BROCKWELL AYE HODGSON AYE HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE Item #1 HIF, L.L.C.; HIC, L.L.C.; Mach One, L.L.C. Page 3 WEINER AYE By a vote of 11-0, the Commission approved item 1 by consent. R.J. Nutter appeared before the Commission on behalf of the applicant. In Reply Refer To Our File No. DF -8892 TO: Mark D. Stiles FROM: B. Kay Wilson RE: CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: May 1, 2014 DEPT: City Attorney DEPT: City Attorney Conditional Zoning Application; HIF, LLC; HIC, LLC; Mach One, LLC The above -referenced conditional zoning application is scheduled to be heard by the City Council on May 13, 2014. I have reviewed the subject proffer agreement, dated January 10, 2014 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 H isst u Document Prepared By: Troutman Sanders LLP 222 Central Park Avenue, Suite 2000 Virginia Beach, VA 23462 AGREEMENT THIS AGREEMENT (this "Agreement"), made this 10th day of January, 2014, by and between HIC, L.L.C., a Virginia limited liability company ("HIC") (to be indexed as grantor); HIF, L.L.C., a Virginia limited liability company ("HIF") (to be indexed as grantor); and MACH ONE, L.L.C., a Virginia limited liability company ("Mach One") (to be indexed as grantor) (together the "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, the Grantor is the current owner of that certain property located in the City of Virginia Beach, Virginia, identified by GPIN 1486-14-4604-0000, as more particularly described in Exhibit A attached hereto and incorporated herein by reference (the "Property"); and WHEREAS, the Grantor has 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 the Property from Conditional B-2 to Conditional A-18; and WHEREAS, this Agreement is intended to supersede and replace the prior proffers affecting the Property in their entirety, which prior proffers were recorded in the Circuit Court Clerk's Office for the City of Virginia Beach in Deed Book 4462, at Page 1031; 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 WHEREAS, the Grantor acknowledges that competing and sometimes incompatible uses conflict, and that in order to permit differing uses on and in the area of the subject Property and at the same time to recognize the effects of the change and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned Conditional A-18 are needed to cope with the situation to which the Grantor's rezoning application gives rise; and WHEREAS, the Grantor has voluntarily proffered in writing in advance of and prior to the public hearing before the Grantee, as part of the proposed conditional amendment to the Zoning Map, in addition to the regulations provided for in the existing A-18 zoning districts by the existing City's Zoning Ordinance (CZO), the following reasonable conditions related to the GPIN NO. 1486-14-4604-0000 21677958v1 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 is generated by the rezoning; and WHEREAS, said conditions having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall continue in full force and effect until a subsequent amendment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are amended or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia and executed by the record owner of the subject Property at the time of recordation of such instrument; provided, further, that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of the ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2- 2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. NOW THEREFORE, the Grantor, for itself, its successors, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion of quid pro quo for zoning, rezoning, site plan, building permit or subdivision approval, hereby 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 these proffers (collectively, the "Proffers") shall constitute covenants running with the said Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its heirs, personal representatives, assigns, grantees and other successors in interest or title, namely: 1. When developed, the Grantor shall develop the Property in substantial conformity with the conceptual site plan prepared by Cox, Kliewer & Company, P.C., entitled "Mast Farm, Virginia Beach, Virginia," dated January 10, 2014 (the "Concept Plan"), a copy of which is on file with the Department of Planning and has been exhibited to the City Council. 2. The number of residential units developed on the Property shall not exceed two hundred fifty-two (252). 3. The quality of architectural design and materials of the multifamily apartment buildings constructed on the Property, when developed, shall be in substantial conformity with the exhibit prepared by Cox, Kliewer & Company, P.C., entitled "Building One Street Front Elevation, Mast Farm, Virginia Beach, Virginia", dated December 16, 2013 (the "Apartment Rendering"), a copy of which is on file with the Department of Planning and has been exhibited to the City Council. 21677958v1 2 4. The quality of architectural design and materials of the townhouses and clubhouse constructed on the Property, when developed, shall be in substantial conformity with the exhibit prepared by Cox, Kliewer & Company, P.C., entitled "Clubhouse Elevation", "Townhouse Elevation", Mast Farm, Virginia Beach, Virginia", dated December 16, 2013 (the "Townhouse Rendering"), a copy of which is on file with the Department of Planning and has been exhibited to the City Council. 5. Freestanding signage located on the Property along Windsor Oaks Boulevard, when developed, shall be in substantial conformity with that depicted on the exhibit entitled "Project Sign at Windsor Oaks Boulevard, Mast Farm, Virginia Beach, Virginia", dated January 10, 2014, and prepared by Cox, Kliewer & Company, P.C. (the "Windsor Oaks Sign Rendering"), a copy of which is on file with the Department of Planning and has been exhibited to the City Council. 6. Freestanding signage located on the Property along Holland Road, when developed, shall be in substantial conformity with that depicted on the exhibit entitled "Project Sign at Holland Road, Mast Farm, Virginia Beach, Virginia", dated January 10, 2014, and prepared by Cox, Kliewer & Company, P.C. (the "Holland Road Sign Rendering"), a copy of which is on file with the Department of Planning and has been exhibited to the City Council. 7. Fencing located on the Property along Windsor Oaks Boulevard, when developed, shall be in substantial conformity with that depicted on the exhibit entitled "Perimeter Fence at Windsor Oaks Blvd., Mast Farm, Virginia Beach, Virginia", dated January 10, 2014, and prepared by Cox, Kliewer & Company, P.C. (the "Fence Rendering"), a copy of which is on file with the Department of Planning and has been exhibited to the City Council. 8. As provided for by Section 107(i) of the City Zoning Ordinance, and upon a finding by the City Council that there will be no significant detrimental effects on surrounding properties, a deviation from the maximum allowable height for the A-18 zoning district of thirty- five feet (35') feet to a maximum height of sixty feet (60') and no more than four (4) stories will be permitted. 9. 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 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, 21677958v2 3 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 Grantor 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 Grantor and Grantee. [Remainder of Page Intentionally Left Blank. Separate Signature Page to Follow.] 21677958v2 4 IN WITNESS WHEREOF, the undersigned Grantor executes this Agreement as of the date first written above. GRANTOR: HIC, L.L.C., a VirDinia limited liability any: Title STATE/COMMONWEALTI� OF v i ac( CITY/C-etiNTY OF (1 7 0 (7> o`kc , to -wit: The foregoing instrument was s orn to and acknowledged before me thisy of , 2014, by cora m. cA. cc\p,`Apr92„ on behalf of HIC, L.L.C. /she is either personally known to me or his produced as identification. Witness my hand and official stamp or seal this 0') day of My Commission Expires: Registration Number: 21636781v1 `1 t 3t kZol'I ZI3�i�l� , 2014. Not Ty Public HIF, L.L.C., a Virginia limited liability company: STATE/COMMONWEALT OF \l',9,ct N: CITY/COUNTY OF '(U©\f1 , to -wit: jrsant2-to and acknowledged before me this `64P day of �eVYtnn �eQ-on behalf of HIF, L.L.C. 1I /she The foregoing instrument was s , 2014, by is either' personally known to () or identification. has) produced as • Witness my hand and official stamp or seal this 1 64) day of latic Ci , 2014. J My Commission Expires: 1 \ \ 201 Registration Number: 2 \3 21636781v1 Ne ary Public (SEAL) MACH ONE, L.L.C., a Virg iia limited liability co B Title STATE/COMMONWEAL OF/V;��,c\?�•'Of CITY/C6t ITY OF k - o `R< , to -wit: The foregoing instrument was sworn to and acknowledged before me this lb's day of __, 2014, by �A . •� ••. . 'IYWCI� on behalf of Mach One, L.L.C. /she is either personally known to otel or has produced as identification. Witness my hand and official stamp or seal this day of, 2014. My Commission Expires: / 13t l 1° 11 1 Registration Number: d s 21636781v1 tary P blic (SEAL) COMMONWN OF VIRG REGISTRATION NO. 213995 %ice •'•••..... ••'' .� \�\� EXHIBIT A LEGAL DESCRIPTION OF PROPERTY ALL THAT certain lot, pierce or parcel of real property and the improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, designated and described as "Parcel F" as shown on that certain subdivision plat entitled "Subdivision of a portion of The Mast Farm as shown in Map Book 251, Page 88 and Map Book 259, Page 48, Virginia Beach, Virginia", dated August 20, 2001, revised December 13, 2001, February 4, 2002 and February 14, 2002, prepared by Hassell & Folkes, P.C., recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 305 at Pages 4 through 12. 21677958v1 8 °E',�c yil (44' . �? CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH - An Ordinance to Amend Section 211 of the City Zoning Ordinance, pertaining to Sponsorship Signs for Public Art Exhibitions on public property, and Section 216 of the City Zoning Ordinance, pertaining to the application of such section to certain permitted signs. MEETING DATE: May 13, 2014 • Background: Currently, the City Zoning Ordinance does not allow signs that identify sponsors of exhibitions of public art that has been authorized by the City Council and is located on public property. • Considerations: The amendments to Section 211 of the Zoning Ordinance allow such signs and establish the restrictions on such signs: 1. The sign cannot be illuminated; 2. The sign cannot be larger than one (1) square foot in area; and 3. The sign shall display the name of a sponsor of the exhibition of the artist that created the artwork. The amendments also make a technical correction to the Zoning Ordinance so as not to prohibit certain signage allowed by Section 211. Without the correction, signage such as sponsorship signs for public art exhibitions (Section 211 (i)) as well as roadside guide signs (Section 211(k)) could be found to fit the strict definition of the term "billboard" and would be prohibited. There was no opposition to the request. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of the proposed amendments to the Zoning Ordinance. • Attachments: Minutes of Planning Commission Hearing Ordinance CITY OF VIRGINIA BEACH — Sponsorship Signs Page2of2 Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: S \.21 . L 1 AN ORDINANCE TO AMEND SECTION 211 OF THE 2 CITY ZONING ORDINANCE, PERTAINING TO 3 SPONSORSHIP SIGNS FOR PUBLIC ART 4 EXHIBITIONS ON PUBLIC PROPERTY, AND 5 SECTION 216 OF THE CITY ZONING ORDINANCE, 6 PERTAINING TO THE APPLICATION OF SUCH 7 SECTION TO CERTAIN PERMITTED SIGNS 8 9 Sections Amended: City Zoning Ordinance Sections 211 10 and 216 11 12 WHEREAS, the public necessity, convenience, general welfare and good zoning 13 practice so require; 14 15 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 16 OF VIRGINIA BEACH, VIRGINIA: 17 18 That Sections 211 and 216 of the City Zoning Ordinance are hereby amended 19 and reordained to read as follows: 20 21 Sec. 211. Signs permitted in all districts. 22 The following types of signs are exempted from all of the provisions of this 23 ordinance, except for illumination, construction, and safety regulations and the following 24 standards: 25 (a) Public signs. Signs of a noncommercial nature and in the interest of, 26 erected by or on the order of, a public officer in the performance of his public duty, such 27 as directional signs, regulatory signs, warning signs, and informational signs. 28 29 (b) Temporary signs. 30 31 (1) Temporary signs announcing any public, charitable, educational, 32 religious or other noncommercial event or function, located entirely 33 upon the property on which such event or function is held and set 34 back no less than seven (7) feet from the property line, and having 35 a maximum sign area of thirty-two (32) square feet. Such signs 36 shall be allowed no more than thirty (30) days prior to the event or 37 function and must be removed within seven (7) days after the event 38 or function. Such signs may be illuminated in accordance with the 39 restrictions set forth in section 213 hereof. If building-mounted, 40 such signs shall be flat wall signs and shall not project above the 41 roofline. If freestanding, the height of any such sign shall be no 42 more than twelve (12) feet above ground level. 43 44 (2) Temporary signs of a commercial nature announcing grand 45 openings or other special events or promotions, subject to the 46 limitations as to size, height and location set forth in subdivision (1) 47 hereof. Such signs shall be displayed no more than three (3) times 48 per year by any business or establishment, nor for any period in 49 excess of seven (7) days. 50 51 (3) Temporary signs displayed upon balloons, subject to the 52 requirements of subdivisions (1) and (2) hereof, provided, however, 53 that balloons displaying such signs may, if affixed to the roof of a 54 building or structure, project no more than thirty (30) feet above the 55 roofline or, if affixed to the ground, have a height not exceeding 56 thirty (30) feet from ground level. Such signs shall not exceed 57 seventy-five (75) square feet in surface area. 58 59 (4) Temporary signs giving notice of civic leagues' or property owners 60 associations' meetings or events, provided that such signs shall be 61 located on property owned by the civic league or property owners 62 association holding the meeting or event and shall be no greater 63 than thirty-two (32) square feet in area. No more than one (1) such 64 sign shall be permitted at each entrance to the neighborhood or 65 subdivision represented by the civic league or property owners' 66 association. Such signs shall be in place for no more than fourteen 67 (14) days before the meeting or event of which the sign gives notice 68 or three (3) days after the meeting or event has been held. Such 69 signs may be illuminated in accordance with the restrictions set 70 forth in section 213 71 72 (c) Integral signs. Names of buildings, dates of erection, monumental 73 citations, commemorative tablets and the like when carved into stone, concrete or 74 similar material or made of bronze, aluminum or other permanent type construction and 75 made an integral part of the structure. 76 2 77 (d) Private traffic direction signs. Signs directing traffic movement onto a 78 premises or within a premises not exceeding four (4) square feet in area for each sign. 79 80 (e) Political campaign signs. Signs announcing candidates seeking public 81 political office and other data pertinent thereto shall be permitted up to a total area of 82 eight (8) square feet for each premises in a residential zone and thirty-two (32) square 83 feet in a commercial or industrial zone. Such signs shall be confined within private 84 property and shall not encroach into the visibility triangle at street intersections. 85 86 (f) Identification signs. Signs not exceeding one square foot in area and 87 bearing only property numbers, post box numbers, names of occupants of premises, 88 professional or other identification of premises not having commercial connotations. 89 90 (g) Construction signs. One sign on each roadway frontage not exceeding 91 thirty-two (32) square feet in area and bearing only the names and addresses of the 92 project, contractors, architects, developers, planners, financial institutions, or engineers 93 engaged in the construction project and only during the time construction or 94 development is actively underway. Such signs should set back no less than ten (10) feet 95 from any property line. 96 97 (h) Commercial signs used for political campaign advertising. Commercial 98 signs may be used for political campaign advertising. The political campaign 99 advertisement shall encompass the entire surface area upon which it is placed. The 100 advertisement shall be secured to the commercial sign in a manner acceptable to the 101 department of permits and inspections. 102 103 (i) Sponsorship signs for public art exhibitions. Signs identifying sponsors of 104 exhibitions of public art authorized by the city council and located on public property. 105 Such signs shall be non-illuminated, no larger than one (1) square foot in area and shall 106 display only the name of a sponsor of the exhibition or the artist that created the art 107 work. 108 109 (j) Signs for public schools and private schools having curriculums similar to 110 public schools. One sign not to exceed twenty-four (24) square feet per face. No sign 111 shall have more than two (2) faces. No sign shall be installed within fifty (50) feet of a 112 residential use. 113 114 (k) Roadside guide signs. Roadside guide signs, subject to the provisions of 115 section 211.1 116 3 117 COMMENT 118 119 The amendment allows signs identifying sponsors of exhibitions of public art authorized by 120 the city council and located on public property and sets forth the restrictions on such signs. 121 122 Sec. 216. Outdoor advertising structures, billboards, signboards and poster 123 panels. 124 (a) No new billboards shall be erected within the city limits, effective 125 immediately. All existing billboards shall be governed by the provisions of section 215 of 126 this ordinance. No billboard heretofore erected shall be located, in whole or in part, 127 upon improved property. 128 129 (b) No billboard shall be located within five hundred (500) feet of an 130 interchange, or intersection at grade, on any highway, interstate or city council 131 designated expressway (measured along the highway, interstate or expressway to the 132 nearest point of the beginning or ending of pavement widening at the exit from or 133 entrance to the main traveled way). On all other streets, no billboard shall be located 134 within two hundred (200) feet of any right-of-way of any underpass, overpass, bridge or 135 tunnel or a plaza serving such facility. 136 137 (c) No billboard shall be closer than fifty (50) feet to any property line nor 138 located closer than six hundred sixty (660) feet to the right-of-way line of any interstate 139 or expressway designated by city council, nor closer than twenty-five (25) feet to the 140 right-of-way of any other street. However, no billboard shall be located within two 141 hundred (200) feet of any established residential or apartment zoning district. No 142 billboard shall be located upon any lot having a frontage of less than two hundred (200) 143 feet and an area of less than ten thousand (10,000) square feet. 144 145 (d) The repair of lawfully nonconforming billboards visible from the main 146 traveled way of any interstate highway, federal-aid primary highway as that system 147 existed on June 1, 1991, or national highway system highway shall be governed by the 148 provisions of Virginia Code section 33.1-370.2. No building permit authorizing the repair 149 of any such billboard shall be issued unless owner of the billboard provides to the 150 building codes administrator a letter from the commonwealth transportation 151 commissioner approving the proposed repairs. In the event the building codes 152 administrator determines that the cost of the proposed repairs exceeds fifty (50) percent 153 of the replacement cost of the billboard, he shall, within thirty (30) days of the filing of 154 the building permit application, submit an objection to the determination of the 155 commissioner, together with documentation supporting such objection. A copy of such 4 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 of , 2014. 171 172 173 174 APPROVED AS TO ONTENT: 175 176 177 178 179 180 181 182 CA -12926 183 R-1 184 March 13, 2014 objection and documentation shall be provided to the billboard owner. The determination of the commissioner upon reconsideration shall be binding. (e) Nothing in this section shall be construed to prohibit the display of signs allowed pursuant to subsections (i) and (k) of section 211. COMMENT The amendment makes a technical correction to the ordinance so as not to prohibit signage allowed by Section 211 that may fit the strict definition of the term "billboard" and would thus otherwise be prohibited. Such signs would include sponsorship signs for public art exhibitions (Section 211 (i)), and roadside guide signs (Section 211(k)). Adopted by the City Council of the City of Virginia Beach on the day aria! ail Planning D' artment APPROVED AS TO LEGAL SUFFICI AO( City Attorney's Office 5 NCY: f Item #16 City of Virginia Beach An Ordinance to Amend Section 211 of the City Zoning Ordinance, pertaining to Sponsorship Signs for Public Art Exhibitions on public property, and Section 216 of the City Zoning Ordinance, pertaining to the application of such section to certain permitted signs. April 9, 2014 CONSENT The amendments allow signs that identify sponsors of exhibitions of public art that has been authorized by the City Council and is located on public property. The amendments establish the restrictions on such signs. The amendments also makes a technical correction to the Zoning Ordinance so as not to prohibit signage allowed by Section 211, which may fit the strict definition of the term "billboard" and would thus otherwise be prohibited. Such signs would include the sponsorship signs for public art exhibitions (Section 211 (i)), and roadside guide signs (Section 211(k)). A motion was made by Commissioner Hodgson and seconded by Commissioner Horsley to approve item 16. AYE 9 NAY 0 ABS 0 ABSENT 2 BROCKWELL AYE HODGSON AYE HORSLEY AYE INMAN ABSENT OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI ABSENT RUSSO AYE THORNTON AYE WEINER AYE By a vote of 9-0, the Commission approved Item 16 by consent. Bill Macali appeared before the Commission on behalf of the City. K. APPOINTMENTS CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD GREEN RIBBON COMMITTEE OPEN SPACE ADVISORY COMMITTEE PARKS and RECREATION COMMISSION SOCIAL SERVICES BOARD THE PLANNING COUNCIL TIDEWATER COMMUNITY COLLEGE TOWING ADVISORY BOARD WETLANDS BOARD 2040 VISION TO ACTION COMMUNITY COALITION L. UNFINISHED BUSINESS i M. NEW BUSINESS N. ADJOURNMENT ***************************** PUBLIC COMMENT Non -Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers ***************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 5/13/14 st CITY COUNCIL MEETINGS RESCHEDULED EFFECTIVE: JUNE 1, 2014 FIRST/THIRD TUESDAYS: BRIEFING/INFORMAL/FORMAL SESSIONS FIRST TUESDAYS: OPEN CITIZEN DIALOGUE SECOND/FOURTH TUESDAYS: WORKSHOPS — 4:00-6:00 PM CITY COUNCIL RETREAT Economic Development Office Town Center Monday, September 8, 2014 2014 CITY HOLIDAYS Memorial Dal' - 1londai, :11ay 2( Independence Dar - Friday, July 4 Labor Dar 1loiidciy, September I Veterans Day - 1'ucsduy, ;November 11 Thanksgiving Dar and Da,y fter Thanksgiving — Thursday, :A'overnber 27 and friday, November 28 Christmas Eve (hal/-dal) - 11 cdnesdal', December 24 Christmas Day - Thursday, December 25