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APRIL 7, 2015 AGENDACITY COUNCIL MAYOR WILLIAM D. SESSOMS, JR, At -Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 M. BENJAMINDAVENPORT, At Large ROBERT M. DYER, Centerville -District 1 BARBARA M. HENLEY, Princess Anne — District 7 SHANNON DS KANE, Rose Hall —District 3 JOHND. MOSS At Large IA AMELROSS-HAMMOND, Kempsville - District 2 JOHN E. UHRIN, Beach —District 6 ROSEMARY WILSON, At -Large JAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL APPOINTEES CITY MANAGER — JAMES K SPORE CITYA TTORNEY— MARK D. STILES CITYASSESSOR — JERALD D. BANAGAN CITYAUDITOR — LYNDON S. REMIAS CITY CLERK— RUTHHODGES FRASER, MMC CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA 07 APRIL 2015 MAYOR WILLIAM D. SESSOMS, JR. PRESIDING I. CITY COUNCIL WORKSHOP - Conference Room - A. FY 2015-16 RESOURCE MANAGEMENT PLAN (Budget) 1. Constitutional Officers a. Commonwealth's Attorney b. Sheriff C. City Treasurer d. Commissioner of the Revenue e. Clerk of Circuit Court 2. Economic Vitality a. Agriculture b. Convention and Visitors Bureau C. Economic Development d. Housing and Neighborhood Preservation e. Strategic Growth Area CITY HALL BUILDING 2401 COURTHOUSEDRIVE VIRGINIA BEACH, VIRGINIA 23456-9005 PHONE. -(757) 385-4303 FAX(757)385-5669 E-MAIL: Ctycncl@vbgov.com 2:00 PM II. CITY COUNCIL LIAISON REPORTS - Conference Room - 5:OOPM III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - Conference Room - A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION 5:30PM VI. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION: Father Andrew Buchanan Galilee Episcopal Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. MAYOR'S PRESENTATION 1. CHILD ABUSE PREVENTION Elizabeth Chupik H. PUBLIC HEARING 1. LEASES OF CITY -OWNED PROPERTY a. 2200 Parks Avenue b. 4136 Cheswick Lane C. Flutterby Kahiau, LLC d. Lisa's Tinker Treasures I. ORDINANCES March 17, 2015 1. Ordinances to AMEND the City Code: a. Section 2-81 re mandatory retirement age b. Section 7-59.3 prohibiting certain signage contained on or conveyed by bicycles on the bicycle path adjacent to the boardwalk C. Section 23-18.1 re crossing Police lines or barricades 2. Ordinances to AUTHORIZE the City Manager to EXECUTE Leases: a. Museum of Contemporary Art ("MOCA") at 2200 Parks Avenue b. Friends of Ferry Plantation House, Inc. at 4136 Cheswick Lane C. Lisa's Tinker Treasures, 5-1, at the Virginia Beach Farmers Market d. Flutterby Kahiau, LLC, Unit 5-2, at the Virginia Beach Farmers Market 3. Ordinance re the 2015 Housing Choice Voucher Five Year Agency Plan, Annual Agency Plan and Administrative Plan to AUTHORIZE the City Manager to EXECUTE and SUBMIT such Plans to the U.S. Department of Housing and Urban Development 4. Ordinances to ACCEPT and APPROPRIATE: a. $237,000 from the Office of the Attorney General to the Sheriff s Office and AUTHORIZE a local grant match re communication equipment; $1,976 re Operation Look -Out Program for Senior Citizens; $198 for the Triad Crime Prevention for Seniors Grant b. $116,938 from the Virginia Department of Health's Office of Emergency Medical Services (EMS) re Four -for -Life Grant program to enhance rescue and medical capabilities C. $14,447 from the Virginia Aquarium Foundation for one (1) full time employee in the Department of Museums and DIRECT the City Manager to include same in the FY 2016 Operating Budget (to be funded by the Foundation) d. $3,000 from GEICO to the Police Department re the Every 15 Minutes Program J. PLANNING 1. MCQ BUILDERS, LLC —1 / B.H. VINELAND, LLC for a Change in Non-Conformi!y at 1046 and 1050 Old Dam Neck and 1037 Dam Neck Roads DISTRICT 7 — PRINCESS ANNE RECOMMENDATION APPROVAL 2. BACK BAY BREW HOUSE / JOHN ATKINSON for a Conditional Use Permit (Craft Brewery) at 612 Norfolk Avenue DISTRICT 6 —BEACH RECOMMENDATION APPROVAL L. 3. SIMON ACQUISITION II, LLC NORFOLK PREMIUM OUTLETS re the Comprehensive Plan Consistency Review for determination of whether general location or approximate location, character and extent of proposed roadway connection between Norfolk Premium Outlets and Northampton Boulevard is substantially in accord with the adopted Comprehensive Plan, or part thereof, pursuant to Virginia Code Section 15.2-2232 DISTRICT 4 — BAYSIDE STAFF RECOMMENDATION NOT IN ACCORD WITH COMPREHENSIVE PLAN PLANNING COMMISSION APPROVAL K. APPOINTMENTS ARTS and HUMANITIES COMMISSION BOARD OF BUILDING CODE APPEALS — New Construction COMMUNITY SERVICES BOARD GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD PROCESS IMPROVEMENT STEERING COMMITTEE TIDEWATER YOUTH SERVICES COMMISSION TOWING ADVISORY BOARD UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT ****************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ******************************* PUBLIC COMMENT Non -Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers 2015 — 2016 RESOURCE MANAGEMENT PLANSCHEDULE WORKSHOP APRIL 7' WORKSHOP APRIL 14TH WORKSHOP APRIL 21sT PUBLIC HEARING — Green Run High School APRIL 23rd WORKSHOP - PUBLIC HEARING - Council Chamber APRIL 28' RECONCLIATION WORKSHOP MAY 5TH ADOPT BUDGET MAY 12TH /gw 04/07/2015 MAYOR WILLIAM D. SESSOMS, JR. PRESIDING I. CITY COUNCIL WORKSHOP - Conference Room - 2:00 PM A. FY 2015-16 RESOURCE MANAGEMENT PLAN (Budget) 1. Constitutional Officers a. Commonwealth's Attorney b. Sheriff C. City Treasurer d. Commissioner of the Revenue e. Clerk of Circuit Court 2. Economic Vitality a. Agriculture b. Convention and Visitors Bureau C. Economic Development d. Housing and Neighborhood Preservation e. Strategic Growth Area II. CITY COUNCIL LIAISON REPORTS - Conference Room - 5:OOPM III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - Conference Room - 5:30PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. CITY COUNCIL ROLL CALL 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: Father Andrew Buchanan Galilee Episcopal Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS March 17, 2015 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. MAYOR'S PRESENTATION 1. CHILD ABUSE PREVENTION Elizabeth Chupik tvxacittnta#iux� ': ?t[rER AS: (Preventing childabuse andnegfect is a community responsibility that depends on involvement among people throughout the community; and U&M-9S: Childmaltreatment occurs when people find themselves in stressfulsituations, without Y UMET9AS: The majority of childabuse cases stem from situations and conditions that are preventable in an engagedandsupportive community, and OF OUR N0,V%Q tvxacittnta#iux� ': ?t[rER AS: (Preventing childabuse andnegfect is a community responsibility that depends on involvement among people throughout the community; and U&M-9S: Childmaltreatment occurs when people find themselves in stressfulsituations, without community resources andwithout coping skills; and UMET9AS: The majority of childabuse cases stem from situations and conditions that are preventable in an engagedandsupportive community, and W11EEAS. All citizens should become involved in supporting families in raising their children in a safe, nurturing environment; and ryt19&UAS. Effective childabuse prevention programs succeed because of partnerships created among families, social service agencies, schools, faith communities, civic organizations, law enforcement agencies, and the business community; and 'N& AS: 'Virginia Beach Court AppointedSpecialAdvocates, Inc. (CASA) is launching its second (Pinwheels for(Prevention Campaign to coincide with the nationalChildAbuse (Prevention 914onth activities; and IVWEXEAd: Community volunteers have planted 3, 000 pinwheels on the lawn of the juvenile and Domestic W_elations Court to represent the number of children served 6y the Virginia Beach CASA office over the past 25 years. Now, 7Fierefore, I, `William D. Sessoms, Jr., Wayor of the City of Virginia Beach, Virginia, do hereby (Proclaim: AprzC2o1s Chifif,Ouse ftevention JKonth In'VirginiaBeach, and call upon allcitizens, community agencies, faith groups, medicalfacilities, and businesses to increase theirparticipation in our efforts to support families, thereby preventing childa6use and neglect andstrengthening the communities in which we live. In `Witness' Whereof, I have hereunto set my hand and caused the Official Seal of the City of 'Virginia Beach, Virginia, to be affixed this Tirst Day of April, Two Thousand and'Fifteen. `William D. Sessoms, Jr. Mayor I. PUBLIC HEARING 1. LEASES OF CITY -OWNED PROPERTY a. 2200 Parks Avenue b. 4136 Cheswick Lane C. Flutterby Kahiau, LLC d. Lisa's Tinker Treasures PUBLIC HEARING LEASE OF CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on the proposed leasing of City -owned property (MOCA site) on April 7, 2015 at 6:00 p.m. in the Council Chamber of the City Hall Building (Building #1) at the Virginia Beach Municipal Center, Virginia Beach, Virginia. The purpose of this Hearing will be to obtain public comment on the City's proposal to lease the following property: 2200 Parks Avenue (GPIN 2417-88.0355) If you are physically disabled or visually impaired and need assistance at this meeting, please call the City Clerk's Office at 385- 4303; Hearing impaired call 711. Any questions concerning this matter should be directed to the Department of Public Works - Facilities Management Office, Room 228, Building 18, at the Virginia Beach Municipal Center - (757) 385-5659. Ruth Hodges Fraser, MMC City Clerk Beacon March 29, 2015 24562190 lAx8f,4'1, DKV PUBLIC HEARING LEASE OF CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on the proposed leasing of City -owned property on Tuesday, April 7, 2015, at 6:00 P.M. in the Council Chamber of the City Hall Building (Building #1) at the Virginia Beach Municipal Center, Virginia Beach, Virginia. The purpose of this Hearing will be to obtain public comment on the City's proposal to lease the following property: 4136 Cheswick Lane, Virginia Beach, VA 23455 (GPIN 1478-92-7014) to the Friends of Ferry Plantation House, Inc. for use as a historic house museum. If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303; Hearing Impaired, call TTY only 711. Any questions concerning this matter should be directed to Public Works — Facilities Management Office, Building 18, Room 228, Virginia Beach Municipal Center, (757) 385-5659. Ruth Hodges Fraser, MMC City Clerk Beacon March 29, 2015 24580074 it' 4 T PUBLIC HEARING LEASE OF CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on April 7, 2015 at 6:00 P.M. in the Council Chamber, City Hall - Bldg. 1, Virginia Beach Municipal Center. The purpose of this Hearing will be to obtain public comment regarding the proposed lease of City -owned property located at the Virginia Beach Farmers Market, as defined below: 1) Building 5, Space Number 2, approximately 310 square feet of space to Flutterby Kahiau, LLC. 2) Building 5, Space Number 1, approximately 310 square feet of space to Lisa Preuss, Sole Proprietor, d/b/a Lisa's Tinker Treasures. If you are physically disabled or visually impaired and need assistance at this meeting, please call the City Clerk's Office at 385- 4303; hearing impaired call 711. Any questions concerning this matter should be directed to the Department of Public Works - Facilities Management Office, Room 228, Building 18, at the Virginia Beach Municipal Center - (757) 385-5659. Ruth Hodges Fraser, MMC City Clerk Beacon: Mar 29, 2015 24578806 J. ORDINANCES Ordinances to AMEND the City Code: a. Section 2-81 re mandatory retirement age b. Section 7-59.3 prohibiting certain signage contained on or conveyed by bicycles on the bicycle path adjacent to the boardwalk C. Section 23-18.1 re crossing Police lines or barricades 2. Ordinances to AUTHORIZE the City Manager to EXECUTE Leases: a. Museum of Contemporary Art ("MOCA") at 2200 Parks Avenue b. Friends of Ferry Plantation House, Inc. at 4136 Cheswick Lane C. Lisa's Tinker Treasures, Unit 5-1, at the Virginia Beach Farmers Market d. Flutterby Kahiau, LLC, Unit 5-2, at the Virginia Beach Farmers Market Ordinance re the 2015 Housing Choice Voucher Five Year Agency Plan, Annual Agency Plan and Administrative Plan to AUTHORIZE the City Manager to EXECUTE and SUBMIT such Plans to the U.S. Department of Housing and Urban Development 4. Ordinances to ACCEPT and APPROPRIATE: a. $237,000 from the Office of the Attorney General to the Sheriff's Office and AUTHORIZE a local grant match re communication equipment; $1,976 re Operation Look -Out Program for Senior Citizens; $198 for the Triad Crime Prevention for Seniors Grant b. $116,938 from the Virginia Department of Health's Office of Emergency Medical Services (EMS) re Four -for -Life Grant program to enhance rescue and medical capabilities $14,447 from the Virginia Aquarium Foundation for one (1) full time employee in the Department of Museums and DIRECT the City Manager to include same in the FY 2016 Operating Budget (to be funded by the Foundation) d. $3,000 from GEICO to the Police Department re the Every 15 Minutes Program b t�� CITY OF VIRGINIA BEACH AGENDA ITEM , ITEM: An Ordinance to Amend Section 2-81 of the City Code Pertaining to Mandatory Retirement Age MEETING DATE: April 7, 2015 ■ Background: The Age Discrimination in Employment Act of 1967 (ADEA) has an exception to the general prohibition against mandatory retirement ages for public safety employees including, but not limited to, firefighters, police officers and sheriff deputies. In accordance with the ADEA, state and local laws requiring a mandatory retirement age for this group of employees may be enacted. Currently City Code -Sec. 2-81 requires the mandatory retirement of firefighters and law enforcement officers, including Sheriff's Office sworn appointees, after the end of the month in which he or she attains age sixty-five (65). The Sheriff seeks to increase the mandatory retirement age for Sheriffs Office sworn appointees to age seventy (70). ■ Considerations: Mandatory retirements create shortages of skilled and experienced workers within the Sheriffs Office. Additionally, health and longevity in the United States has been improving. In fact, data suggests that those in their early sixties today are as healthy as those in their mid -50s decades ago. Increasing the retirement age promotes employment of older persons based on their ability to perform the essential functions of the job rather than eliminate them based on age. Overall improvement in health and abilities of individuals between the ages of 55 and 65 suggest that mandatory retirement is unfair, particularly for those who maintain the ability to perform the essential functions of the job and do so competently. Furthermore, forced retirement of older workers whose skill has been exclusively with the employer find it harder to secure jobs compared to younger counterparts. They also suffer larger wage reduction upon re-employment. Accordingly, it is in the Sheriffs Office's and the employees' best interests to increase the retirement age to seventy (70). ■ Public Information: Public information will be provided through the normal Council agenda process. ■ Recommendations: Approval. Recommended Action: Approval Submitting Department/Agency: Sheriff's Office City Manager: 1 AN ORDINANCE TO AMEND SECTION 2-81 2 OF THE CITY CODE PERTAINING TO 3 MANDATORY RETIREMENT AGE 4 5 SECTION AMENDED: § 2-81 6 7 BE IT ORDAINED BY'THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 10 That Section 2-81 of the Code of the City of Virginia Beach, Virginia, is hereby 11 amended and ordained to read as follows: 12 Sec. 2-81. Mandatory retirement age. 13 Unless otherwise provided by state or federal statute, no firefighter or law 14 enforcement officer, as defined by the Federal Age Discrimination in Employment 15 Amendments of 1986, except for sworn members of the Sheriff's Office, shall be 16 employed after the end of the month in which he or she attains age sixty-five (65). No 17 sworn member of the Sheriff's Office shall be emploved after the end of the month in 18 which he or she attains the age of seventy (70). Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2015. APPROVED AS TO CONTENT: Sheriff's Office CA13276 R-2 February 12, 2015 APPROVED AS TO LEGAL SUFFICIENCY: City torney's Office M- (v CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance To Amend City Code Section 7-59.3 By Prohibiting Certain Signage Contained On Or Conveyed By Bicycles On The Bicycle Path Adjacent To The Boardwalk MEETING DATE: April 7, 2015 ■ Background: The City has traditionally regulated advertising on vehicles through the City Zoning Ordinance's regulations concerning billboards. Among the prohibited activities was advertising by means of bicycles conveying signage for businesses other than the business of the bicycle's owner. On November 20, 2014, however, the Attorney General issued an opinion that the City does not have the authority through the use of its zoning powers to regulate advertising signs on bicycles or bicycle trailers using public streets. The opinion, however, specifically expressed no opinion about whether the City may impose such regulations under its police powers, which would encompass, among other things, safety issues. Councilmember Uhrin has requested that an ordinance prohibiting bicycle advertising on the bicycle path adjacent to the Boardwalk be brought forward for the City Council's consideration. ■ Considerations: The proposed ordinance would amend City Code Section 7- 59.3 to prohibit signage or other advertising matter from being contained on or conveyed by bicycles on the bicycle path adjacent to the Boardwalk, unless expressly permitted pursuant to a franchise granted by the City Council. An exception is made in recognition of the provisions of Section 7-9, which allows rented bicycles to display one (1) sign not exceeding one (1) square foot in area and displaying only the name and location of the rental agency or establishment. ■ Public Information: The proposed ordinance has been advertised as a regular agenda item. It was also presented to the Resort Advisory Commission on March 5, 2015, at which time the Commission voted unanimously to recommend that the ordinance be adopted. ■ Recommendations: Adoption of the ordinance ■ Attachments: Ordinance Recommended Action: Adoption of ordinance Submitting Department/Agency: Requested by Councilmember John E. Uhrin City Manager: 1 REQUESTED BY COUNCILMEMBER JOHN E. UHRIN 2 3 4 AN ORDINANCE TO AMEND CITY CODE SECTION 7-59.3 5 BY PROHIBITING CERTAIN SIGNAGE CONTAINED ON 6 OR CONVEYED BY BICYCLES ON THE BICYCLE PATH 7 ADJACENT TO THE BOARDWALK 8 9 Section Amended: City Code Section 7-59.3 10 11 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 12 BEACH, VIRGINIA: 13 14 That Section 7-59.3 of the City Code is hereby amended and reordained, to read 15 as follows: 16 17 Chapter 7. BICYCLES AND OTHER WHEELED DEVICES 18 19 .... 20 21 ARTICLE II. POSSESSION, SALE, RENTAL AND REGISTRATION OF WHEELED 22 DEVICES 23 24 .... 25 26 Sec. 7-9. Rental agencies to comply with equipment requirements; advertising 27 prohibitions. 28 No rental agency or other establishment shall rent or offer for rent any bicycle, 29 electric personal assistive mobility device, electric power -assisted bicycle, motorized 30 skateboard, motorized scooter, golf cart, low -speed vehicle, surrey or moped, unless 31 such wheeled device or vehicle is equipped with all safety equipment required by this 32 Chapter. No such agency or establishment shall rent or offer to rent any such wheeled 33 device or vehicle which displays any signage or other advertising matter for use on the 34 boardwalk or bicycle path east of Atlantic Avenue except for one (1) sign not exceeding 35 one (1) square foot in area and displaying only the name and location of the rental 36 agency or establishment. 37 COMMENT 38 The section is included solely for reference purposes. 39 40 ARTICLE III. EQUIPMENT AND LOCAL OPERATING RULES 41 42 .... 43 44 Sec. 7-59.3. Regulations pertaining to riding wheeled devices or vehicles on the 45 grassy area or bicycle path adjacent to the boardwalk and oceanfront 46 parks and plazas. 47 48 (a) It shall be unlawful for any person to ride on the bicycle path adjacent to the 49 boardwalk an all -terrain vehicle, electric personal assistive mobility device, electric power -assisted 50 bicycle, motor -driven cycle, motorized skateboard, motorized scooter, moped, roller blades, roller 51 skates, scooters or skateboards or a pedal -powered vehicle that is muscle -powered or any other 52 muscle -powered device other than a bicycle as defined in this chapter. 53 54 (b) It shall be unlawful to ride an all -terrain vehicle, bicycle, electric personal assistive 55 mobility device, electric power -assisted bicycle, motor -driven cycle, motorized skateboard, motorized 56 scooter, moped, roller blades, roller skates, scooters or skateboards or a pedal -powered vehicle that 57 is muscle -powered or any other muscle -powered device on the grassy area adjacent to the 58 boardwalk and the oceanfront parks and plazas. Provided, however, that bicycles are allowed in the 59 oceanfront plazas for the purpose of accessing the bicycle path adjacent to the boardwalk. 60 61 (c) Surreys shall be permitted on the bicycle path and the oceanfront plazas subject to 62 the provisions of this Chapter. 63 64 (d) Except as allowed by Section 7-9 bicycles operated on the bicycle path shall not 65 contain or convey any signage or other advertising matter unless expressly permitted pursuant to a 66 franchise granted by the city council. 67 68 (d) (e) For purposes of this Section the term 'oceanfront parks" refers to the grassy and 69 non -grassy areas of the parks located at 7th, 13th, 17th, 24th, 25th, and 31st Streets. The term 70 'oceanfront plazas" or "plazas" refers to the paved areas connecting Atlantic Avenue to the bicycle 71 path. 72 E 73 COMMENT 74 The amendment prohibits signage contained on or conveyed by bicycles on the bicycle path, 75 except as allowed by Section 7-9, which permits rented bicycles to have very small signs identifying 76 the rental agency, or pursuant to a franchise granted by the City Council. 77 78 Adopted by the Council of the City of Virginia Beach on the 79 2015. 80 81 82 83 84 85 APPROVED AS TO LEGAL SUFFICI NCY: 86 87 88 89 City Attorney's Office 90 91 92 93 CA -13273 94 February 10, 2015 95 R-1 3 day of , ��tk' v,� Nc� •"i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Section 23-18.1 of the City Code Pertaining to Crossing Police Lines or Barricades MEETING DATE: April 7, 2015 ■ Background: Virginia State Code Section 15.2-1714 gives the authority to the chief law enforcement officer of a locality to create police lines or barricades in the event of a fire, accident, crime, riot, or other emergency situation in which life and property may be endangered and cause persons to collect in public areas. Such police lines and barricades may be established and maintained as are reasonably necessary to preserve evidence, direct traffic around the scene, provide access to public safety personnel, and protect persons and property. Virginia Code Section 18.2-414.2 defines the unauthorized crossing police lines or barricades as a Class 3 misdemeanor, punishable by a fine of not more than $500. City Code Section 23-18.1 authorizes the Police Chief to restrict the movement and assembly of persons and vehicles after a determination that there exists a threat of civil commotion or disturbance in the nature of a riot that constitutes a clear and present danger to public safety. Once such lines and restrictions are established and after having been warned not to cross such lines and restricted areas, a person is prohibited from willfully entering said areas. The City Code currently provides that a violation of that prohibition is punishable as a Class 1 misdemeanor, which is a more serious offense with more stringent punishments than a Class 3 misdemeanor. ■ Considerations: The attached ordinance revises the City Code section to make the punishment consistent with state law. ■ Public Information: Public information will be provided through the normal Council agenda process. ■ Recommendations: Adopt the ordinance. ■ Attachments: Ordinance. Recommended Action: Approval Submitting Department: Police 34C-' City Manager St- I cz�n W)"" 1 AN ORDINANCE TO AMEND SECTION 23-18.1 OF THE 2 CITY CODE PERTAINING TO CROSSING POLICE LINES 3 OR BARRICADES 4 5 SECTIONS AMENDED: § 23-18.1 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 10 That Section 23-18.1 of the Code of the City of Virginia Beach, Virginia, is hereby 11 amended and reordained to read as follows: 12 Sec. 23-17. Riots and unlawful assemblies—What constitutes. 13 (a) For the purposes of sections 23-18 through 23-20, any unlawful use, by three (3) or 14 more persons acting together, of force or violence which seriously jeopardizes the 15 public safety, peace or order is a riot. 16 (b) For the purposes of sections 23-18 through 23-20, whenever three (3) or more 17 persons assembled share the common intent to advance some lawful or unlawful 18 purpose by the commission of an act or acts of unlawful force or violence likely to 19 jeopardize seriously public safety, peace or order, and the assembly actually tends 20 to inspire persons of ordinary courage with well-grounded fear of serious and 21 immediate breaches of public safety, peace or order, then such assembly is an 22 unlawful assembly. 23 .... 24 Sec. 23-18.1. Same—Restriction or regulation of persons and vehicles by chief of 25 police. 26 (a) The chief of police, upon his determination that there exists an imminent threat of 27 civil commotion or disturbance in the nature of a riot, constituting a clear and 28 present danger to the public safety, may restrict or regulate the movement of 29 persons and vehicles and may prohibit any assembly of persons in such areas as 30 may be affected by the commotion or disturbance. 31 (b) Any person who shall willfully enter an area which is subject to such restriction, 32 after having been lawfully warned not to do so, shall be guilty of a Class 43 33 misdemeanor. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of 2015. APPROVED AS TO CONTENT Police Department CA13325 R-1 April 7, 2015 APPROVED AS TO LEGAL SUFFICIENCY: 9M 2111 _ j _ S f°', r isi CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a Lease for up to Five Years with Virginia Museum of Contemporary Art ("MOCK) for City -owned Property Located at 2200 Parks Avenue MEETING DATE: April 7, 2015 ■ Background: Since 1986, the City of Virginia Beach has been leasing 9.617 acres of City -owned property, together with a 38,000 square foot building located thereon, to the Virginia Museum of Contemporary Art ("MOCA," formerly known as the Contemporary Art Center of Virginia). This ordinance will renew the lease agreement between the City and MOCA for a five-year period. ■ Considerations: Rent would be one dollar ($1.00) per year for a term of five years. This matter was originally scheduled to be heard on February 17, 2015, but was continued to a later date due to inclement weather, and deferred to April 7, 2015 in order to meet advertising requirements. ■ Public Information: Advertisement of Public Hearing Advertisement of City Council Agenda ■ Alternatives: Approve lease as presented, change conditions of the lease or deny leasing of subject premises. ■ Recommendations: Approval ■ Attachments: Ordinance Summary of Terms Location Map Recommended Action: Approval Submitting Department/Agency: Public Works / Facilities Management Office City Manag - L 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR UP 3 TO FIVE YEARS WITH VIRGINIA MUSEUM OF 4 CONTEMPORARY ART ("MOCA") FOR CITY - 5 OWNED PROPERTY LOCATED AT 2200 6 PARKS AVENUE 7 8 WHEREAS, the City of Virginia Beach (the "City") is the owner of 9.617 acres of 9 land and a 38,000 square foot building located at 2200 Parks Avenue (the "Premises"); 10 11 WHEREAS, the Virginia Museum of Contemporary Art ("MOCA," formerly known 12 as the Contemporary Art Center of Virginia) has leased the Premises from the City 13 since 1986 for the operation of its art museum; 14 15 WHEREAS, MOCA would like to renew its lease agreement with the City for the 16 Premises; and 17 18 WHEREAS, the City staff has determined that continuing to lease the Premises 19 to MOCA will benefit the community by providing a cultural experience to residents and 20 tourists visiting the City. 21 22 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 23 OF VIRGINIA BEACH, VIRGINIA: 24 25 That the City Manager, or his designee, is hereby authorized to execute a lease 26 for up to five years between the Virginia Museum of Contemporary Art and the City of 27 Virginia Beach for the Premises in accordance with the Summary of Terms attached 28 hereto as Exhibit A and made a part hereof, and such other terms, conditions or 29 modifications as may be acceptable to the City Manager and in a form deemed 30 satisfactory by the City Attorney. 31 32 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 33 , 2015. APPROVED AS TO LEGAL APPROVED AS TO CONTENT SUFFICIENCY AND FORM / Signature Signature Departmen CA13196 R-1 DATE: March 25, 2015 EXHIBIT A SUMMARY OF TERMS LEASE FOR THE USE OF 9.617 ACRES OF CITY REAL PROPERTY AND IMPROVEMENTS THEREON LESSOR: City of Virginia Beach LESSEE: Virginia Museum of Contemporary Art " MOCK PREMISES: Approximately 9.617 acres of City -owned property, which includes a 38,000 square foot facility located at 2200 Parks Avenue and known as Virginia Museum of Contemporary Art "MOCK TERM: May 1, 2015 through April 30, 2020 RENT: Rent shall be One Dollar ($1.00) Per Year RIGHTS AND RESPONSIBILITIES OF THE VIRGINIA MUSEUM OF CONTEMPORARY ART: • Use the Premises for art exhibits, related special events, receptions, meetings, art classes, and such other activities as will enhance the public's access to art and culture in the City of Virginia Beach, and for no other purpose. • Remain open to the general public for at least 120 days and a total of at least 1,000 hours per year. • Maintain a sign during the term of the Lease, which shall give recognition to the City as a principal in the ownership and establishment of the Premises. • Maintain commercial general liability insurance with policy limits of not less than one million dollars ($1,000,000) combined single limits per occurrence, issued by an insurance company licensed to conduct the business of insurance in Virginia. Such insurance shall name the City of Virginia Beach as an additional insured. • Assume 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 agents, etc. associated with the use of the Premises. • Comply with all applicable laws, ordinances, and regulations in the performance of its obligations under the Lease. • Pay all taxes assessed and due on the Premises, should the current exemption cease to apply to Lessee. RIGHTS AND RESPONSIBILITIES OF THE CITY: • Maintain the Premises in good condition and repair, including all buildings and improvements, sidewalks, and landscaping. • Provide payment for all water, sewer, and stormwater utility costs and fees. • City may access the Premises at reasonable times, during normal business hours, for the purpose of inspecting or repairing the Premises; however, no notice need be given in the event of an emergency. TERMINATION: In the event of a default by the Lessee, Lessee has 45 days after written notification from the City in which to cure the default. If not cured, the City may terminate the Lease. 49 L t - P lie , {f 9 r AJ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a Lease for Five Years with Friends of Ferry Plantation House, Inc. for 4,488 Square Feet of City - Owned Property Located at 4136 Cheswick Lane in the City of Virginia Beach MEETING DATE: April 7, 2015 ■ Background: The City of Virginia Beach (the "City") owns a parcel of property containing approximately 4,488 sq. ft. located at 4136 Cheswick Lane (GPIN: 1478-92- 7014), which includes the historic Ferry Plantation House (the "Property"). Friends of Ferry Plantation House, Inc. ("FFPH") has been leasing the Property and operating the Property as a historic house museum for the benefit of the general public since 1997. FFPH's lease has expired and FFPH wishes to enter into a new lease with the City for a period of five (5) years. During the term of the lease, FFPH will continue to operate the Property as a historic house museum and will offer historic exhibits and complementary activities designed to preserve the historic nature of a mid -nineteenth-century historic house museum. The Ferry Plantation House will be open to the general public at least 120 days and at least 1,000 hours per year. ■ Considerations: This lease would be for a term of five (5) years, and the City would have a sixty (60) day termination option. No repairs, improvements or alterations may be made to the Ferry Plantation House without the prior approval of the City's Historic Resource Coordinator, Building Maintenance Administrator, and when required by City Ordinance, the Historical Review Board. ■ Public Information: Advertisement of Public Hearing and Advertisement of City Council Agenda. ■ Alternatives: Approve terms of the Lease as presented, modify the terms and conditions of the Lease, or decline to enter into the Lease. ■ Attachments: Ordinance Summary of Terms Location map CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a Lease for Up to 3 Years with Lisa Preuss, d/b/a Lisa's Tinker Treasures for City -Owned Property Known as Building 5, Space Number 1 in the Virginia Beach Farmers Market MEETING DATE: April 7, 2015 ■ Background: Lisa Preuss, d/b/a Lisa's Tinker Treasures would like to enter into a lease with the City of Virginia Beach for Building 5, Space Number 1 at the Virginia Beach Farmers Market. The premises consists of approximately 310 square feet and will be utilized for the sale of hand crafted jewelry, decor, gifts and related items, and for no other purpose. ■ Considerations: The initial term of the Lease is two (2) years with one renewal option for a term of one (1) year, exercisable by mutual agreement of the parties. The City has the right to terminate the Lease with sixty (60) days' notice if needed for a public purpose. For more specific terms, see attached Summary of Terms. ■ Public Information: Advertisement of Public Hearing Advertisement of City Council Agenda ■ Alternatives: Approve Lease as presented, change conditions of the Lease or deny leasing of the space. ■ Recommendation: Approval ■ Attachments: Ordinance Summary of Terms Location Map Recommended Action: Approval Submitting Department/Agency: Public Works/Facilities Management (1 City Manage . t 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE FOR UP TO 3 YEARS WITH LISA PREUSS D/B/A LISA'S TINKER TREASURES FOR CITY -OWNED PROPERTY KNOWN AS BUILDING 5, SPACE NUMBER 1 IN THE VIRGINIA BEACH FARMERS MARKET WHEREAS, the City of Virginia Beach (the "City") is the owner of the City of Virginia Beach Farmers Market located at the corner of Princess Anne Road and Dam Neck Road in Virginia Beach, Virginia (the "Farmers Market"); WHEREAS, Lisa Preuss, d/b/a Lisa's Tinker Treasures ("Lisa's") would like to enter into a lease with the City for Building 5, Space Number 1 at the Farmers Market, consisting of approximately 310 square feet (the "Premises"); WHEREAS, the Premises will be utilized for the sale of hand crafted jewelry, decor, gifts and related items, and for no other purpose; and WHEREAS, Lisa's has agreed to pay the City an initial rental rate of $325.00 each month ($3,900 per year) for the use of the Premises. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby authorized to execute a lease for up to 3 years between Lisa Preuss and the City for the Premises, in accordance with the Summary of Terms attached hereto, and such other terms, conditions or modifications as may be acceptable to the City Manager and in a form deemed satisfactory by the City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2015. APPROVED AS TO LEGAL SUFFICIENCY AND FORM tI City Attorney CA13206 \\vbgov.com\DFS1 \Applications\CityLawProd\cycom32\W pdocs\1)008\P023\00104505.DOC R-1 March 25, 2015 APPROVED AS TO CONTENT Public Wo rl /Fac"'toed Management SUMMARY OF TERMS LEASE FOR BUILDING 5, SPACE NUMBER 1 AT THE VIRGINIA BEACH FARMERS MARKET LESSOR: City of Virginia Beach LESSEE: Lisa Preuss, d/b/a Lisa's Tinker Treasures PREMISES: Building 5, Space Number 1 consisting of approximately 310 square feet TERM: Initial Term: April 15, 2015 — April 14, 2017 Renewal Term 1 — April 15, 2017 — April 14, 2018 RENT: Rent of $325.00 each month totaling a sum of $3,900.00 per year. Five percent (5%) annual rent escalation. Rent shall be abated for the month of April, 2015 allowing tenant time to make improvements. RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use Premises for sale of hand crafted jewelry, decor, gifts and related items, and for no other purpose. • Maintain Premises, including heating and air conditioning units and/or heat pump units. Payment of all assessed fees and taxes. Purchase and maintain commercial general liability insurance. RIGHTS AND RESPONSIBILITIES OF CITY: • Maintain common areas of the Farmers Market and structural elements of the Premises. Provide electrical service. TERMINATION: • City has special right to terminate if necessary for a public purpose by giving sixty (60) days' advance written notice. Lessee may terminate by giving ninety (90) days' advance written notice. LOCATION MAP CITY -OWNED PROPERTY TO BE LEASED TO TENANT Building 5, Space Number 1, consisting of approximately 310 square feet Building 5 Space Number 1 0 i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a Lease for Up to 5 Years with Flutterby Kahiau, LLC for City -Owned Property Known as Building 5, Space Number 2 in the Virginia Beach Farmers Market MEETING DATE: April 7, 2015 ■ Background: Flutterby Kahiau, LLC would like to enter into a lease with the City of Virginia Beach for Building 5, Space Number 2 at the Virginia Beach Farmers Market. The premises consists of approximately 310 square feet and will be utilized for the sale of homemade soaps, paper crafts, gifts and related items, and for no other purpose. ■ Considerations: The initial term of the Lease is three (3) years with two renewal options for a term of one (1) year each, exercisable by mutual agreement of the parties. The City has the right to terminate the Lease with sixty (60) days' notice if needed for a public purpose. For more specific terms, see attached Summary of Terms. ■ Public Information: Advertisement of Public Hearing Advertisement of City Council Agenda ■ Alternatives: Approve Lease as presented, change conditions of the Lease or deny leasing of the space. ■ Recommendation: Approval ■ Attachments: Ordinance Summary of Terms Location Map Recommended Action: Approval Submitting Department/Agency: Public Works/Facilities Management City Manager: 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR UP TO 5 3 YEARS WITH FLUTTERBY KAHIAU, LLC FOR 4 CITY -OWNED PROPERTY KNOWN AS BUILDING 5 5, SPACE NUMBER 2 IN THE VIRGINIA BEACH 6 FARMERS MARKET 7 8 WHEREAS, the City of Virginia Beach (the "City") is the owner of the City of 9 Virginia Beach Farmers Market located at the corner of Princess Anne Road and Dam 10 Neck Road in Virginia Beach, Virginia (the "Farmers Market"); 11 12 WHEREAS, Flutterby Kahiau, LLC would like to enter into a lease with the City 13 for Building 5, Space Number 2 at the Farmers Market, consisting of approximately 310 14 square feet (the "Premises"); 15 16 WHEREAS, the Premises will be utilized for the sale of homemade soaps, paper 17 crafts, gifts and related items, and for no other purpose; and 18 19 WHEREAS, Flutterby Kahiau, LLC has agreed to pay the City an initial rental rate 20 of $325.00 each month ($3,900 per year) for the use of the Premises. 21 22 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 23 OF VIRGINIA BEACH, VIRGINIA: 24 25 That the City Manager is hereby authorized to execute a lease for up to 5 years 26 between Flutterby Kahiau, LLC and the City for the Premises, in accordance with the 27 Summary of Terms attached hereto, and such other terms, conditions or modifications 28 as may be acceptable to the City Manager and in a form deemed satisfactory by the 29 City Attorney. 30 31 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 32 , 2015. APPROVED AS TO LEGAL APPROVED AS TO CONTENT SUFFICIENCY AND FORM City Attorney Public Work/Facilities Management CA13205 \\vbgov.com\DFS1Wpplications\CitylawProd\cycom32\W pdocs\D008\P023\00104505.DOC R-1 March 25, 2015 SUMMARY OF TERMS LEASE FOR BUILDING 5, SPACE NUMBER 2 AT THE VIRGINIA BEACH FARMERS MARKET LESSOR: City of Virginia Beach LESSEE: Flutterby Kahiau, LLC PREMISES: Building 5, Space Number 2, consisting of approximately 310 square feet TERM: Initial Term — April 15, 2015 — April 14, 2018 Renewal Term 1 — April 15, 2018 — April 14, 2019 Renewal Term 2 — April 15, 2019 — April 14, 2020 RENT: Rent of $325.00 each month totaling a sum of $3,900.00 per year. Five percent (5%) annual rent escalation. Rent shall be abated for the month of April, 2015 allowing tenant time to make improvements. RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use Premises for sale of homemade soaps, paper crafts, gifts and related items, and for no other purpose. Maintain Premises, including heating and air conditioning units and/or heat pump units. Payment of all assessed fees and taxes. Purchase and maintain commercial general liability insurance. RIGHTS AND RESPONSIBILITIES OF CITY: • Maintain common areas of the Farmers Market and structural elements of the Premises. Provide electrical service. TERMINATION: • City has special right to terminate if necessary for a public purpose by giving sixty (60) days' advance written notice. Lessee may terminate by giving ninety (90) days' advance written notice. LOCATION MAP CITY -OWNED PROPERTY TO BE LEASED TO TENANT Building 5, Space Number 2, consisting of approximately 310 square feet Building 5 Space Number 2 . gq77 aC } fit-$ 42j t y� •4vv"�~r CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Adopt the 2015 Housing Choice Voucher Five Year Agency Plan, Annual Agency Plan, and Administrative Plan and to Authorize the City Manager to Execute and Submit Such Plans to the U.S. Department of Housing and Urban Development MEETING DATE: April 7, 2015 ■ Background: The City's Department of Housing and Neighborhood Preservation ("DHNP") operates the federally -funded Housing Choice Voucher program ("HCV program"), formerly known as the Section 8 Program. The U.S. Department of Housing and Urban Development ("HUD") requires agencies that operate HCV programs to submit: (1) A Five Year Agency Plan; (2) An Annual Agency Plan for each fiscal year in which federal funding is received for its HCV program; and (3) an Administrative Plan. ■ Considerations: The purpose of the Five Year Agency Plan is to inform HUD of DHNP's mission, long-range goal and objectives for achieving its mission over the upcoming five years. The purpose of the Annual Agency Plan is to update HUD on DHNP's progress in achieving the goals set forth in the current Five Year Plan. The Annual Agency Plan describes the organization of the HCV program, details the strategies employed in satisfying affordable rental housing needs in the City, and includes certifications of compliance with applicable laws, HUD rules and regulations. Also covered by this ordinance is the HCV Administrative Plan, which details the policies and procedures that govern the day-to-day operation of the HCV program. The previously approved Administrative Plan has undergone revision and is included for approval in this ordinance request. The Annual Agency Plan incorporates the provisions of this revised Administrative Plan and also provides additional plan elements and certifications that are required by HUD annually. The approved plans must be electronically submitted to HUD no later than April 15, 2015. ■ Public Information: Public information will be provided through the normal Council Agenda process. A copy of the Plans is available for public inspection at the Office of the City Clerk. Also, the Administrative Plan is posted on at vbgov.com. ■ Recommendations: Adopt the attached ordinance. ■ Attachments: Ordinance, Executive Summary, HUD Form 50075 (transmittal for 5 -Year and Annual Plan including Summ of Progress) t Recommended Action: Approval Submitting Department/Agency: Housing City rl;:::::::: . � I �- borhood Preservation 1 AN ORDINANCE TO ADOPT THE 2015 HOUSING CHOICE 2 VOUCHER FIVE YEAR AGENCY PLAN, ANNUAL 3 AGENCY PLAN, AND ADMINISTRATIVE PLAN AND TO 4 AUTHORIZE THE CITY MANAGER TO EXECUTE AND 5 SUBMIT SUCH PLANS TO THE U.S. DEPARTMENT OF 6 HOUSING AND URBAN DEVELOPMENT 7 8 WHEREAS, the City's Department of Housing and Neighborhood Preservation 9 ("DHNP") operates the federally -funded Housing Choice Voucher program ("HCV 10 program"), formerly known as the Section 8 Program; 11 12 WHEREAS, the U.S. Department of Housing and Urban Development ("HUD") 13 requires agencies that operate HCV programs to submit (1) a Five Year Plan, (2) an 14 Annual Agency Plan for each fiscal year in which DHNP receives federal funding for its 15 HCV program; and (3) a revised Administrative Plan as applicable; 16 17 WHEREAS, the purpose of the Five Year Agency Plan is to provide DHNP's 18 mission, long range direction and objectives in operating the HCV program; 19 20 WHEREAS, the purpose of the Annual Agency Plan is to update HUD on the 21 DHNP's progress in achieving the goals stated in the current Five Year Plan; 22 23 WHEREAS, the purpose of the Administrative Plan is to describe in detail the 24 operational procedures of the HCV program in DHNP; 25 26 WHEREAS, the DHNP is also required by HUD to include a certification in the 27 Five Year Agency and Annual Plan demonstrating DHNP's compliance with applicable 28 laws, and HUD rules and regulations, in order to continue to operate the HCV program; 29 and 30 31 WHEREAS, executive summaries of the Five Year Agency Plan, Annual, and 32 Administrative Plans are attached hereto as Exhibit A and a copy of all Plans are on file 33 with the City Clerk. 34 35 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 36 VIRGINIA BEACH, VIRGINIA: 37 38 That the DHNP 2015 Housing Choice Voucher Five Year Agency Plan, Annual 39 Agency Plan and Administrative Plan are hereby approved, provided such plans 40 conform in all material aspects to the executive summaries attached hereto as Exhibit 41 A; and 42 43 That the City Manager or designee is authorized to execute such plans and 44 submit the plans to the U.S. Department of Housing and Urban Development. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2015. APPROVED AS TO CONTENT: � 1 1 De nt f Housing & Neighborhood Preservation CA13328 R-2 March 26, 2015 APPROVED AS TO LEGAL SUFFICIENCY: City Attorney EXHIBIT A Executive Summary 2015 Housing Choice Voucher Plans — Five Year, Annual and Administrative Plans Department of Housing and Neighborhood Preservation April 7, 2015 Federally Required Plans for the Housing Choice Voucher Program The Department of Housing & Neighborhood Preservation (DHNP) operates the federal Housing Choice Voucher Program (HCV) in the city. The program provides funding for rental subsidies for over 1,900 households in Virginia Beach and in some cases in neighboring cities. Funding for the HCV program is from the U.S. Department of Housing and Urban Development. In order to comply with all Federal requirements for this program, the city must establish policy and procedures to ensure consistency in program operation and adopt the following plans: Plan Name Summary Purpose and Status Content Five Year Provides long term guidance This plan was developed Agency Plan for the program and adopted by Council in 2015. Annual Agency Describes the agency's plan Developed by staff and Plan for the current year, proposed for adoption by consistent with the five year Council with this ordinance plan Administrative Describes in detail how the Amendments have been Plan HCV program will operate developed by staff and are proposed for adoption by Council with this ordinance Pursuant to 24 CFR 982.54 the VBDHNP must adopt a written administrative plan that establishes local policies for administration of the (HCV) program in accordance with HUD requirements. The administration plan and any revisions of the plan must be formally adopted by the City Council. This is required because Virginia Beach does not have a housing authority and, therefore no board of commissioners. The administrative plan states VBDHNP's policy on matters for which the VBDHNP has discretion to establish local policies. The plan must be in accordance with HUD regulations and requirements. The current administrative plan was approved by the Virginia Beach City Council on February 24, 2009 and subsequently submitted to the Department of Housing and Urban Development. The administrative plan is the key attachment to the HCV Five Year and Annual Agency Plans which are also submitted by the VBDHNP. CONTENTS OF THE PLAN EXHIBIT A Executive Summary 2015 Housing Choice Voucher Plans — Five Year, Annual and Administrative Plans Department of Housing and Neighborhood Preservation April 7, 2015 Federal regulations 24 CFR 982.54 further stipulate the VBDHNP administrative plan must cover VBDHNP policies on the following subjects: • Selection and admission of applicants from the DHNP waiting list, including any DHNP admissions preferences, procedures for removing applicant names from the waiting list, and procedures for closing and reopening the DHNP waiting list (Chapter 4); Issuing or denying vouchers, including DHNP policy on governing the voucher term and any extensions or suspensions of the voucher term. "Suspension" means stopping the clock on the term of a family's voucher after the family submits a request for "approval of the tenancy". If the DHNP decides to allow extensions or suspensions of the voucher term, the DHNP administrative plan must describe how the DHNP determines whether or grant extensions or suspensions, and how the DHNP determines the length of any extension or suspension (Chapter 8); • Any special rules for use of available funds when HUD provides funding to the DHNP for special purpose (e.g. continuum of care), including funding for specified families or specified category of families (Chapter 4); • Occupancy polices, including definition of what group of persons may qualify as a "family", definition of when a family is considered to be "continuously assisted", standards for denying admissions or terminating assistance based on criminal activity or alcohol abuse in accordance with 982.553 (Chapters 5 and 15); • Encouraging participation by owners of suitable units located outside of areas of low income (Chapter 1); • Assisting a family that claims that illegal discrimination has prevent the family from leasing a suitable unit (Chapter2); • Providing information about a family to prospective owners (Chapters 3 and 9); • Disapproval of owners (Chapter 13); • Subsidy standards (Chapter 5); • Family absence from the dwelling unit (Chapter 12); • How to determine who remains in the program is a family breaks up (Chapter 12); • Informal review procedures for applicants (Chapter 18); 0 Informal hearing procedures for participants (Chapter 16); EXHIBIT A Executive Summary 2015 Housing Choice Voucher Plans — Five Year, Annual and Administrative Plans Department of Housing and Neighborhood Preservation April 7, 2015 • The process for establishing and revising voucher payment standards (Chapter 8); • The method of determining reasonable rent to owners (Chapter 11); • Special policies concerning special housing types in the program (e.g. use of shared housing) (Chapter 4); • Policies concerning debts owed by families to DHNP (Chapter 17); • Interim re -determinations of family income and composition (Chapter 12); • Restrictions on the number of moves by a participant family (Chapter 13); • Approval by the board of commissioners or other authorized officials to charge the administrative fee reserve (Chapter 1); • Procedural guidelines and performance standards for conducting required housing quality standard inspections (Chapter 10); and DHNP screening of applicants for family behavior or suitability for tenancy (Chapter 2) Additional Detail on Plan Contents Five Year Agency Plan: This plan provides the long-term direction for the agency in operating the HCV program. It consists of a mission statement, and a series of strategies to accomplish those goals. On a yearly basis, an agency is allowed to adjust the goals and/or strategies. Annual Agency Plan: This plan must be submitted annually. The plan as developed by staff contains the following information: - Eligibility, selection and admissions policies, including de -concentration and wait list procedures - Financial resources - Rent determination procedures - Operations and management - Grievance procedures - Self-sufficiency programs (FSS) - Civil rights certifications - Fiscal year audit - Housing needs for the area - Strategy for meeting housing needs 3 WA: 11:11 Will Executive Summary 2015 Housing Choice Voucher Plans — Five Year, Annual and Administrative Plans Department of Housing and Neighborhood Preservation April 7, 2015 - Progress in meeting mission and goals - Any significant amendment and substantial deviations or modifications - Any plan elements that have been revised since the last Annual Plan certification - A listing of the locations where key elements of the Plan can be found As mentioned, many of the above requirements are contained in documents that are maintained in the offices of DHNP. Those documents and their location can merely be cited rather than included in the plan. In addition to City Council adoption of the 2015 Five year and Agency Plan, there must also be approval of two HUD required certifications. A copy of those certifications is attached to this executive summary. The first certification is HUD Form 50077 which speaks to DHNP's compliance with various program and statutory requirements including Fair Housing, Title VI or the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act, ADA regulations and various other federal laws. The second certification is HUD Form 50077-s1 which states that the Housing Choice Voucher Agency Plan is consistent with the City's Consolidated Plan, and is previously cited. On March 2, 2015, the Annual Plan Update was made available to the public for the required 45 -day review period. A public hearing was held on March 26, 2015, in conjunction with our Resident Advisory Board meeting. Their comments will be attached to the final HUD submittal along with any that are received from the general public. The approved Five Year and Annual Agency Plan along with the two required certifications must be electronically submitted to HUD no later than April 15, 2015, which is the required 75 days before the beginning of our Federal Fiscal Year of July 1, 2015. Administrative Plan: Staff has developed revisions to the 2015 plan. Primary differences between the prior plan and this proposed revision are as follows: • Numerous format, grammatical and organizational corrections. • Revisions to ensure the plan reflect actual day-to-day operations of VBDHNP's Rental Housing Division. • Includes a revision to the guidelines for waiting list removal. Families, who fail to respond within 10 work days of an inquiry for housing, will be removed from 2 EXHIBIT A Executive Summary 2015 Housing Choice Voucher Plans — Five Year, Annual and Administrative Plans Department of Housing and Neighborhood Preservation April 7, 2015 the waiting list. Families who are removed from the waiting list will be entitled to an informal review and reinstatement possibilities. • Includes a change in the threshold for interim income increase reporting. Families who experience an income increase of $500.00 a month or more are required to report the increase. • Revisions to the Owners Disapproval and Restriction Policy detailing the qualifiers for program restriction. • Insertion in the Owners Disapproval and Restriction Policy on program reinstatement practices. • Insertion of the word "currently" relative to preference points awarded for victims of domestic violence which allows the policy to address victims facing an immediate or imminent crisis. These proposed revisions were advertised and made available along with the Annual Plan as noted above. 5 PHA Certifications of Compliance U.S. Department of Housing and Urban Development with PHA Plans and Related Office of Public and Indian Housing Expires 4/30/2011 Regulations _ PHA Certifications of Compliance with the PHA Plans and Related Regulations: Board Resolution to Accompany the PHA 5 -Year and Annual PHA Plan Acting on behalf of the Board of Commissioners of the Public Housing Agency (PHA) listed below, as its Chairman or other authorized PHA official if there is no Board of Commissioners, I approve the submission of the _X_ 5 -Year and/or _ X_ Annual PHA Plan for the PHA fiscal year beginning 7/1/2015, hereinafter referred to as" the Plan", of which this document is apart and make the following certifications and agreements with the Department of Housing and Urban Development (HUD) in connection with the submission of the Plan and implementation thereof.- 1. The Plan is consistent with the applicable comprehensive housing affordability strategy (or any plan incorporating such strategy) for the jurisdiction in which the PHA is located. 2. The Plan contains a certification by the appropriate State or local officials that the Plan is consistent with the applicable Consolidated Plan, which includes a certification that requires the preparation of an Analysis of Impediments to Fair Housing Choice, for the PHA's jurisdiction and a description of the manner in which the PHA Plan is consistent with the applicable Consolidated Plan. 3. The PHA certifies that there has been no change, significant or otherwise, to the Capital Fund Program (and Capital Fund Program/Replacement Housing Factor) Annual Statement(s), since submission of its last approved Annual Plan. The Capital Fund Program Annual Statement/Annual Statement/Performance and Evaluation Report must be submitted annually even if there is no change. 4. The PHA has established a Resident Advisory Board or Boards, the membership of which represents the residents assisted by the PHA, consulted with this Board or Boards in developing the Plan, and considered the recommendations of the Board or Boards (24 CFR 903.13). The PHA has included in the Plan submission a copy of the recommendations made by the Resident Advisory Board or Boards and a description of the manner in which the Plan addresses these recommendations. 5. The PHA made the proposed Plan and all information relevant to the public hearing available for public inspection at least 45 days before the hearing, published a notice that a hearing would be held and conducted a hearing to discuss the Plan and invited public comment. 6. The PHA certifies that it will carry out the Plan in conformity with Title VI of the Civil Rights Act of 1964, the Fair Housing Act, section 504 of the Rehabilitation Act of 1973, and title II of the Americans with Disabilities Act of 1990. 7. The PHA will affirmatively further fair housing by examining their programs or proposed programs, identify any impediments to fair housing choice within those programs, address those impediments in a reasonable fashion in view of the resources available and work with local jurisdictions to implement any of the jurisdiction's initiatives to affirmatively further fair housing that require the PHA's involvement and maintain records reflecting these analyses and actions. 8. For PHA Plan that includes a policy for site based waiting lists: • The PHA regularly submits required data to HUD's 50058 PIC/IMS Module in an accurate, complete and timely manner (as specified in PIH Notice 2006-24); • The system of site-based waiting lists provides for full disclosure to each applicant in the selection of the development in which to reside, including basic information about available sites; and an estimate of the period of time the applicant would likely have to wait to be admitted to units of different sizes and types at each site; • Adoption of site-based waiting list would not violate any court order or settlement agreement or be inconsistent with a pending complaint brought by HUD; • The PHA shall take reasonable measures to assure that such waiting list is consistent with affirmatively furthering fair housing; • The PHA provides for review of its site-based waiting list policy to determine if it is consistent with civil rights laws and certifications, as specified in 24 CFR part 903.7(c)(1). 9. The PHA will comply with the prohibitions against discrimination on the basis of age pursuant to the Age Discrimination Act of 1975. 10. The PHA will comply with the Architectural Barriers Act of 1968 and 24 CFR Part 41, Policies and Procedures for the Enforcement of Standards and Requirements for Accessibility by the Physically Handicapped. 11. The PHA will comply with the requirements of section 3 of the Housing and Urban Development Act of 1968, Employment Opportunities for Low -or Very -Low Income Persons, and with its implementing regulation at 24 CFR Part 135. Previous version is obsolete Page 1 of 2 form HUD -50077 (4/2008) 12. The PHA will comply with acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and implementing regulations at 49 CFR Part 24 as applicable. 13. The PHA will take appropriate affirmative action to award contracts to minority and women's business enterprises under 24 CFR 5.105(a). 14. The PHA will provide the responsible entity or HUD any documentation that the responsible entity or HUD needs to carry out its review under the National Environmental Policy Act and other related authorities in accordance with 24 CFR Part 58 or Part 50, respectively. 15. With respect to public housing the PHA will comply with Davis -Bacon or HUD determined wage rate requirements under Section 12 of the United States Housing Act of 1937 and the Contract Work Hours and Safety Standards Act. 16. The PHA will keep records in accordance with 24 CFR 85.20 and facilitate an effective audit to determine compliance with program requirements. 17. The PHA will comply with the Lead -Based Paint Poisoning Prevention Act, the Residential Lead -Based Paint Hazard Reduction Act of 1992, and 24 CFR Part 35. 18. The PHA will comply with the policies, guidelines, and requirements of OMB Circular No. A-87 (Cost Principles for State, Local and Indian Tribal Governments), 2 CFR Part 225, and 24 CFR Part 85 (Administrative Requirements for Grants and Cooperative Agreements to State, Local and Federally Recognized Indian Tribal Governments). 19. The PHA will undertake only activities and programs covered by the Plan in a manner consistent with its Plan and will utilize covered grant funds only for activities that are approvable under the regulations and included in its Plan. 20. All attachments to the Plan have been and will continue to be available at all times and all locations that the PHA Plan is available for public inspection. All required supporting documents have been made available for public inspection along with the Plan and additional requirements at the primary business office of the PHA and at all other times and locations identified by the PHA in its PHA Plan and will continue to be made available at least at the primary business office of the PHA. 21. The PHA provides assurance as part of this certification that: (i) The Resident Advisory Board had an opportunity to review and comment on the changes to the policies and programs before implementation by the PHA; (ii) The changes were duly approved by the PHA Board of Directors (or similar governing body); and (iii) The revised policies and programs are available for review and inspection, at the principal office of the PHA during normal business hours. 22. The PHA certifies that it is in compliance with all applicable Federal statutory and regulatory requirements. City of Virginia Beach PHA Name X 5 -Year PHA Plan for Fiscal Years 2015 - 2019 X Annual PHA Plan for Fiscal Years 2015-2016 VA 039 PHA Number/HA Code I hereby certify that all the information stated herein, as well as any information provided in the accompaniment herewith, is true and accurate. Warning: HUD will prosecute false claims and statements. Conviction may result in criminal and/or civil penalties. (18 U.S.C. 1001, 1010, 1012, 31 U.S.C. 3729, 3802) Name of Authorized Official Title James K. Spore City Manager Signature Date Previous version is obsolete Page 2 of 2 form HUD -50077 (4/2008) I, Certification by State or Local U.S. Department of Housing and Urban Development Official of PHA Plans Consistency Office of Public and Indian Housing with the Consolidated Plan Expires 4/30/2011 Certification by State or Local Official of PHA Plans Consistency with the James K. Spore Annual PHA Plan of the City of Virginia Beach Consolidated Plan the City Manager certify that the Five Year and VBDHNP is consistent with the Consolidated Plan of prepared pursuant to 24 CFR Part 91. Signed / Dated by Appropriate State or Local Official form HUD -50077 -SL (1/2009) OMB Approval No. 2577-0226 Civil Rights Certification U.S. Department of Housing and Urban Development Office of Public and Indian Housing Expires 4/30/2011 Civil Rights Certification Annual Certification and Board Resolution Acting on behalf of the Board of Commissioners of the Public Housing Agency (PHA) listed below, as its Chairman or other authorized PHA official if there is no Board of Commissioner, I approve the submission of the Plan for the PHA of which this document is a part and make the following certification and agreement with the Department of Housing and Urban Development (HUD) in connection with the submission of the Plan and implementation thereof The PHA certifies that it will carry out the public housing program of the agency in conformity with title VI of the Civil Rights Act of 1964, the Fair Housing Act, section 504 of the Rehabilitation Act of 1973, and title II of the Americans with Disabilities Act of 1990, and will affirmatively further fair housing. City of Virginia Beach PHA Name VA 039 PHA Number/HA Code I hereby certify that all the information stated herein, as well as any information provided in the accompaniment herewith, is true and accurate. Warning: HUD will prosecute false claims and statements. Conviction may result in criminal and/or civil penalties. (18 U.S.C. 1001, 1010, 1012; 31 U.S.C. 3729, 3802) Name of Authorized Official James K. Spore Title City Manager Signature Date form HUD -50077 -CR (1/2009) OMB Approval No. 2577-0226 PHA 5 -Year and U.S. Department of Housing and Urban OMB No. 2577-0226 Development Expires 4/30/2011 Annual Plan Office of Public and Indian Housing 1.0 PHA Information PHA Name: City of Virginia Beach Dept of Housing and Neighborhood Preservation (DHNP) PHA Code: VA039 PHA Type: ❑ Small N High Performing ❑ Standard ❑ HCV (Section 8) PHA Fiscal Year Beginning: (MM/YYYY): 07/2015 2.0 Inventory (based on ACC units at time of FY beginning in 1.0 above) Number of PH units: Number of HCV units: 2044 3.0 Submission Type N 5 -Year and Annual Plan ® Annual Plan Only ❑ 5 -Year Plan Only 4.0 pHA Consortia ❑ PHA Consortia: (Check box if submitting a joint Plan and complete table below.) No. of Units in Each PHA Program(s) Included in the Programs Not in the Program Participating PHAs Code Consortia Consortia PH HCV PHA 1: PHA 2: PHA 3: 5.0 5 -Year Plan. Complete items 5.1 and 5.2 only at 5 -Year Plan update. 5.1 Mission. State the PHA's Mission for serving the needs of low-income, very low-income, and extremely low income families in the PHA's jurisdiction for the next five years: Creating quality solutions that expand housing opportunities and promote vibrant, well-maintained neighborhoods. 5.2 Goals and Objectives. Identify the PHA's quantifiable goals and objectives that will enable the PHA to serve the needs of low-income and very low-income, and extremely low-income families for the next five years. Include a report on the progress the PHA has made in meeting the goals and objectives described in the previous 5 -Year Plan. Attached with description in Support File 4. PHA Plan Update 6.0 (a) Identify all PHA Plan elements that have been revised by the PHA since its last Annual Plan submission: (b) Identify the specific location(s) where the public may obtain copies of the 5 -Year and Annual PHA Plan. For a complete list of PHA Plan elements, see Section 6.0 of the instructions. Attached with description in Support File 6. Hope VI, Mixed Finance Modernization or Development, Demolition and/or Disposition, Conversion of Public Housing, Homeownership Programs, and Project -based Vouchers. Include statements related to these programs as applicable. 7.0 During the 2013 and 2014 VBDHNP executed project based voucher HAP contracts for: Herons Landing (8 PBV units) , Cedar Grove (32 units) for disabled veterans. Additionally 76 vouchers were conditionally awarded to four organizations who responded to RFP requests. These projects will support the needs of disabled individuals, families, seniors, and the homeless. Capital Improvements. Please complete Parts 8.1 through 8.3, as applicable. 8.0 Not Applicable. Capital Fund Program Annual Statement/Performance and Evaluation Report. As part of the PHA 5 -Year and Annual Plan, annually 8.1 complete and submit the Capital Fund Program Annual StatementlPerformance and Evaluation Report, form HUD -50075.1, for each current and open CFP grant and CFFP financing. Not Applicable. Capital Fund Program Five -Year Action Plan. As part of the submission of the Annual Plan, PHAs must complete and submit the Capital Fund 8" Program Five -Year Action Plan, form HUD -50075.2, and subsequent annual updates (on a rolling basis, e.g., drop current year, and add latest year for a five year period). Large capital items must be included in the Five -Year Action Plan. Not Applicable ^, 8.3 Capital Fund Financing Program (CFFP). ❑ Check if the PHA proposes to use any portion of its Capital Fund Program (CFP)/Replacement Housing Factor (RHF) to repay debt incurred to finance capital improvements. Not Applicable. Page 1 of 2 form HUD -50075 (4/2008) Housing Needs. Based on information provided by the applicable Consolidated Plan, information provided by HUD, and other generally available data, make a reasonable effort to identify the housing needs of the low-income, very low-income, and extremely low-income families who reside in the jurisdiction served by the PHA, including elderly families, families with disabilities, and households of various races and ethnic groups, and other families who are on the public housing and Section 8 tenant -based assistance waiting lists. The identification of housing needs must address issues of affordability, supply, quality, accessibility, size of units, and location. Housing Needs for Families by Family Type Income <=30% of AMI 9590 Income >=30% but 2958 <50% of AMI Income >50% but 13 <80% of AMI 9.0 Elderly + Disabled 2102 Families with Children 8634 Victims of Domestic 974 Violence Targeted homeless 3925 Virginia Beach 4400 Residents Wait list Applicant 8334 outside of jurisdiction Total persons African including family Amer Asian 2 American Hawaiian/P Indian ac Isl. 33 White Multi members by racial 39 .003% •0019% 8501 ,0026% 861 6.8% group 1103 8% The City of Virginia Beach opened its Housing Choice Voucher Program waiting list in September 2012, and received 13,894 applications. 9.1 Strategy for Addressing Housing Needs. Provide a brief description of the PHA's strategy for addressing the housing needs of families in the jurisdiction and on the waiting list in the upcoming year. Note: Small, Section 8 only, and High Performing PHAs complete only for Annual Plan submission with the 5 -Year Plan. Reference summary of progress in meeting strategic goals. Additional Information. Describe the following, as well as any additional information HUD has requested. (a) Progress in Meeting Mission and Goals. Provide a brief statement of the PHA's progress in meeting the mission and goals described in the 5- 10.0 Year Plan. Reference attached "summary of progress in meeting strategic goals". (b) Significant Amendment and Substantial Deviation/Modification. Provide the PHA's definition of "significant amendment" and "substantial deviation/modification" Attached with description in support file. The Virginia Beach Department of Housing and Neighborhood Preservation defines substantial deviations and significant amendments or modifications "as any change in policy that significantly and substantially alters our stated mission of providing housing services to low-income families and individuals. Discretionary or administrative amendments consistent with the department's overall mission and basic objectives will not be considered significant modifications." There were no substantial deviations or significant amendments or modifications during the program year. 11.0 Required Submission for HUD Field Office Review. In addition to the PHA Plan template (HUD -50075), PHAs must submit the following documents. Items (a) through (g) may be submitted with signature by mail or electronically with scanned signatures, but electronic submission is encouraged. Items (h) through (i) must be attached electronically with the PHA Plan. Note: Faxed copies of these documents will not be accepted by the Field Office. (a) Form HUD -50077, PHA Certifications of Compliance with the PHA Plans and Related Regulations (which includes all certifications relating to Civil Rights) (b) Form HUD -50070, Certification for a Drug -Free Workplace (PHAs receiving CFP grants only) (c) Form HUD -50071, Certification of Payments to Influence Federal Transactions (PHAs receiving CFP grants only) (d) Form SF -LLL, Disclosure of Lobbying Activities (PHAs receiving CFP grants only) (e) Form SF -LLL -A, Disclosure of Lobbying Activities Continuation Sheet (PHAs receiving CFP grants only) (f) Resident Advisory Board (RAB) comments. Comments received from the RAB must be submitted by the PHA as an attachment to the PHA Plan. PHAs must also include a narrative describing their analysis of the recommendations and the decisions made on these recommendations. (g) Challenged Elements (h) Form HUD -50075.1, Capital Fund Program Annual Statement/Performance and Evaluation Report (PHAs receiving CFP grants only) (i) Form HUD -50075.2, Capital Fund Program Five -Year Action Plan (PHAs receiving CFP grants only) Page 2 of 2 form HUD -50075 (4/2008) Summary of Progress in Meeting Strategic Goals Five Year Plan Update The Virginia Beach Department of Housing and Neighborhood Preservation hereby reports the following progress in achieving the strategic goals outlined in the Five Year Plan: Goal: Expand the supply of assisted housing Objectives 1. Apply for additional vouchers 2. Leverage private or public funds to create additional housing opportunities 3. Assist other housing organizations to obtain resources for housing development During the 2011 program year, VBDHNP partnered with Virginia Beach Community Development Corporation to provide 32 project based vouchers to support the development of Cedar Grove Apartments, the first affordable, permanent rental housing development for disabled and/or homeless military vets in Virginia Beach. Cedar Grove provides affordable and assessable housing with an array of support services. It consists of 28 one -bedroom units and 4 two-bedroom units, all fully furnished. 16 of the 32 units will be handicap assessable. Herons Landings, a 60 unit regional SRO development completed construction in December 2012. This project resulted from a partnership with several Hampton Roads housing agencies and Virginia Supportive Housing, who owns and manages the property. VBDHNP provides 8 project based vouchers to house homeless person in Virginia Beach. VBDHNP has conditionally awarded 76 project -based vouchers to four organizations responding to RFP's issued during the strategic period. As these organizations secure the necessary financing and complete all necessary requirements under HUD regulations, VBDHNP will execute HAP contracts to provide rental subsidies. VBDHNP continues to work closely with Hampton VA Medical Center to ensure that veteran families are provided needed housing assistance as expeditiously as possible under the HUD-VASH program which combines rental assistance and case management services for homeless veterans and their families. We will continue to apply for additional VASH program vouchers as funding opportunities become available. Goal: Improve the quality of assisted housing Objectives 1. Improve voucher management score: (SEMAP) 2. Increase customer satisfaction VBDHNP has continued to ensure the quality of assisted housing through on going, timely inspections of assisted housing units and enforcement of HCV housing quality standards and city property maintenance codes and ordinances. In addition, we work closely with housing developers receiving financial assistance through the project base voucher program and other local resources to encourage the use of state of the art green design and other building techniques such as energy efficient lighting and appliances, and high quality construction. In 2013 VBDHNP began quarterly housekeeping classes for program participants to provide them with tools and information on how to better maintain their assisted dwelling units, and to ensure that their units pass annual inspections on the first scheduled inspection visit. Strategic goals update Page 1 VBDHNP has taken strides to improve its owner restriction from the program process. VBDHNP wants to send a clear message that a quality housing stock an important component to the success of the program. Goal: Increase assisted housing choices Objectives 1. Provide voucher mobility counseling. 2. Conduct outreach efforts to potential voucher landlords All participants are advised of the portability features of the housing choice voucher program during the initial or annual briefings. We conduct owner outreach to encourage program participation. Using funds provided through the HOME grant program, we offer rental assistance via the Tenant Based Rental Assistance program, and Rental Security Deposit program. Additionally we use CBDG grant funds to provide relocation assistance to displaced families. Goal: Improve community quality of life and economic vitality Objectives 1. Continually work with Code Enforcement Division Staff in the DHNP to maintain and improve the livability conditions of all neighborhoods within the City. The Rental Housing Division of VDHNP continues to work closely with the municipality's Code Enforcement Division to improve housing conditions of the neighborhoods of program participants. The department operates under an MOU with the Hampton Road Veterans Collaborative to provide direct financial assistance and support services veteran families in danger of homelessness or literally homeless in Virginia Beach, Norfolk, Chesapeake, Portsmouth, Suffolk, Franklin, Southampton County and Isle of Wright County. Goal: Promote self-sufficiency and asset development of assisted households. Objectives 1. Increase the number and percentage of employed persons in assisted families 2. Provide or attract supportive services to improve assistance recipient's employability. 3. Provide or attract supportive services to increase independence for the elderly or families with disability. 4. Provide HCV participants with homeownership education and opportunity through the Virginia Individual Development Account (VIDA) program and FSS VBDHNP operates an active Family Self Sufficiency Program and encourages clients to participate in a variety of seminars, training sessions and workshops designed to increased knowledge and improve skills in the areas of employment, education and financial literacy. Program achievements: 2 families have purchased homes upon graduation. 51 participants have accrued the current escrow totals of over $200K (an average of $4K per participant). In the past 5 years 8 participants have graduated. It is anticipated that 10 participants will graduate in 2015. Goal: Ensure Equal Opportunity in Housing for all Americans Objectives Strategic goals update Page 2 I . Undertake affirmative measures to ensure access to assisted housing regardless of race, color, religion, national origin, sex, familial status, and disability 2. Undertake affirmative measures to provide a suitable living environment for families living in assisted housing, regardless of race, color religion, national origin, sex, familial status, and disability 3. Undertake affirmative measures to ensure assessable housing to persons with all varieties of disabilities regardless of unit size required 4. To ensure HCV division staff receives training on Fair Housing and Affirmative Action. To post Equal Opportunity Housing posters in the reception area of the DHNP. Include equal housing opportunity language "on the HCV program application, and the HCV preliminary application, and to offer special accommodations to populations who so request one be made. To continue to enforce and educate owners/landlords on Fair Housing policies. To expand affordable housing opportunities by examining and modifying policies on subsidy standards as necessary VBDHNP continues to provide fair housing training for all new staff members, and promote fair housing awareness to all staff members and landlord/owners who participant in the housing program. Other accomplishments during the 5 year period: • Implemented new procedures for monitoring performance to ensure SEMAP compliance • Achieved status of High Performing Agency under the Section 8 Management Assessment Program. • Maintained program utilization targets of 98% expenditure of budget authority in providing direct services to clients. • Assisted families displaced by a jet crash locating suitable, affordable housing. • Supervise the implementation of the new programs: DHAP, TBRA, DRAGAS, HPRP, HF, RC and VASH. • Administer 110 VASH vouchers for the Virginia Beach area with a promise of an additional 17 more expected this year. • Established and maintained a new procedure for HQS Inspections. • Developed and implemented procedures to improve quality control. • Researched and acquired new services for utility allowances and rent reasonableness. • Created Reasonable Accommodation request form and verification letter. • Establish and maintain liaison with Va. Cooperative Extension, Agencies Coming Together (HA of sister cities), and Urban League. • Established a MOU with Norfolk Redevelopment Housing Authority (PCC group) and STOP (VIDA program). • Develop security plan to protect client and workers privacy to adhere to HUD Security Plan. • Maintain and informative materials for program participants and the general public regarding educational, public awareness, health, employment, and HUD related information. • Ensures that staff receives and renews appropriate training and certification procedures such as Housing Counseling, Fair Housing, Rent Reasonable, Enterprise Income Verification, and American Disability Act, and defensive driving Strategic goals update Page 3 rf\NIA �c a' J `y�LYYV CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Grant Funds from the Office of the Attorney General to the Sheriff's Office and to Authorize a Local Grant Match MEETING DATE: April 7, 2015 ■ Background: The Sheriff's Office applied for and was awarded two grants from the Office of the Attorney General. The Asset Forfeiture Grant provides $237,000 to the Sheriff's Office for communication equipment. The Triad Crime Prevention for Seniors Grant provides $1,976 of funding for the Operations Look -out Program, which provides larger front door peepholes for senior citizens. ■ Considerations: The total award for both grants is $238,976. The Triad Crime Prevention for Seniors Grant requires a 10% match, which is roughly $200. The grant of $237,000 provides funding to equip 25 vehicles in the Sheriff's Office with a Mobile DATA communication systems, mounting brackets, hardware kits, and wireless broadband AirCards. The grant of $1,976 and required local match pays for the installation of larger peepholes. ■ Public Information: Public information will be provided through the normal Council Agenda process. ■ Attachments: Ordinance; Grant award letters Submitting Department/Agency: Sheriff's Office City Manager:] 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 GRANT FUNDS FROM THE OFFICE OF THE 3 ATTORNEY GENERAL TO THE SHERIFF'S OFFICE 4 AND TO AUTHORIZE A LOCAL GRANT MATCH 5 6 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 7 VIRGINIA BEACH, VIRGINIA: 8 9 1. That Asset Forfeiture Grant funding of $237,000 from the Office of the 10 Attorney General is hereby accepted and appropriated, with State revenue increased 11 accordingly, to the Sheriff's Seized Assets Special Revenue Fund to equip 25 Sheriff's 12 vehicles with mobile data communication systems. 13 14 2. That Triad Crime Prevention for Seniors Grant funding of $1,976 from the 15 Office of the Attorney General is hereby accepted and appropriated, with estimated 16 State revenues increased accordingly, to the Grants Consolidated Fund -Sheriff's Office 17 in furtherance of the Operation Look -out Program for senior citizens. 18 19 3. That $198, the required 10% local match for the Triad Crime Prevention for 20 Seniors Grant, is hereby transferred within the Operating Budget of the Sheriff's Office 21 in furtherance of the Operation Look -out Program for senior citizens. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2015. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: 1 Budget and Management Servic s CA13329 R-1 March 24, 2015 APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Offic COMMONWEALTH of VIRGINIA Of fice of [lit Attcst ney General February 20, 2015 Mr. Kenneth W. Stolle, Sheriff Virginia Beach Sheriffs Office 2501 James Madison Blvd. Virginia Beach, Virginia 23456 RE: Asset Forfeiture Transfer Dear Sheriff Stolle: 9(0 East Main Street Richmond, Virginia 2,3219 8(42772071 On behalf of the Commonwealth of Virginia, Office of the Attorney General (OAG), I am pleased to antlounce that your office has been approved for an asset forfeiture transfer based upon your submitted proposal in the amount of $237,000. In an attempt to expedite the final transfer, I am enclosing the Memorandum of Understanding (MOU) between the OAG and your Office for endorsement. The MOU will explain the exact amount and nature of the transfer approved by the U.S. Department of Treasury. Please endorse the MOU, retain a copy for your records and return the original with a copy of your office's Form W-9 at your earliest convenience. You may send them via postal mail to the following address: Attn: Winnie Lau Office of the Attorney General 900 East Main Street, 5th floor Richmond, VA 23219 These are U.S. Treasury, federal asset forfeiture funds and will be recorded on your annual Federal Equitable Sharing Agreement and Certification form for Fiscal Year 2015. If you have any questions about reporting or specific uses of the funds you can reference the Department of the Treasury Guide to Equitable Sharing for Foreign Countries and Federal, State, and Local Law Enforcement Agencies (Guide). If you have any additional questions, you may contact: Jackie A. Jackson Winnie Lau Department of the Treasury Office of the Attorney General Executive Office for Asset Forfeiture Equitable Sharing Or (804) 663-7401 (202) 622-2755 oagassetforfeiture doag.state.va.us Jackie.JacksonCtreasury.gov Congratulations on the approval of your request. Sincerer JfjfSij � V �f Mark Fero '' Nsarx k Atmme, "O� 10- COMMONWEALTH of URGLU4 Office of the Attorney General 944 East Main Sasa Richmond, Vugkda 23219 814.786•.'+,471 FAX -844.786.1991 Virginia Rehy Services 844-828-1124 October 9, 2014 7-1-1 Virg is Beach Sheriffs Office Sher ffKen Stolle 411 ntegrity Way Virpnia Beach, Virginia 23451 Re: Crime Prevention for Seniors Chant Program De Sheriff Stolle, ations, your agency has been selected to participate in the Office of the Attorney Triad Crime Prevention for Seniors Grant Program. I am delighted to advise you that oral has been approved. Please see the attached memo for more details on grant e and reporting. As y : u know, older Virginians can be targeted by perpetrators of fraud, property crime and violence. Together we will continue to protect our elderly citizens from being victimized or abus . Thai you for your outstanding work on behalf of our Commonwealth's older citizens. The Office of the Attorney General is pleased to have the opportunity to work with your office to en the continued success of Triad and to help keep communities and neighborhoods safe for Virg I nia families. Sincerely, Mark R. Herring r lN1A 9 �1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate State Four -For -Life Funds MEETING DATE: April 7, 2015 ■ Background: The General Assembly established the Four—for—Life program to provide financial assistance to volunteer rescue squads and municipal Emergency Medical Services (EMS) agencies to fund EMS programs. Pursuant to the Code of Virginia §46.2-694, the Four -for -Life program collects an additional $4.00 on each state automobile license purchase each year. Twenty-five percent (25%) of the collected revenues are returned to the municipality for enhanced training and equipment from the Virginia Department of Health's Office of Emergency Medical Services. State Four -for -Life revenue are budgeted and appropriated in the Grants Consolidated Fund annually. Additionally, the State may remit additional Four -For -Life funds in excess of what the EMS budgeted, which require acceptance and appropriation by City Council. ■ Considerations: The attached ordinance appropriates $116,938 of Four -For -Life funds. State law provides such must be used to purchase additional or enhanced equipment or training needs and may not be used to offset current services. There are no City funds required. EMS recommends these funds to purchase additional equipment and supplies to enhance rescue/medical capabilities for volunteer rescue squads, career medics and firefighters. The State's expenditure reporting requirements provide these funds must be encumbered before June 1, 2015. ■ Public Information: Public information will be coordinated through the normal Council agenda process. ■ Recommendation: Adopt the attached ordinance. ■ Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Emergency Medical Services City Manager. 1 2 3 4 5 6 7 8 9 10 11 AN ORDINANCE TO ACCEPT AND APPROPRIATE STATE FOUR -FOR -LIFE FUNDS BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $116,938 is hereby accepted from the Virginia Department of Health's Office of Emergency Medical Services and appropriated, with estimated state revenues increased accordingly, to the Four -for -Life Grant Program in the Grants Consolidated Fund to allow the Department of Emergency Medical Services to purchase additional equipment and supplies to enhance rescue/medical capabilities for volunteer rescue squads, career medics and firefighters. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2015. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services City Attorney's Office CA13323 R-1 March 12, 2015 �Nu ee'q�� V CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds from the Aquarium Foundation, to Authorize One Full Time Position in the Department of Museums, and to Direct the City Manager to Include This Position in the FY16 Operating Budget MEETING DATE: April 7, 2015 ■ Background: The Virginia Aquarium & Marine Science Center Foundation, Inc. (the "Foundation") partners with the City to promote and operate the Virginia Aquarium & Marine Science Center. The Foundation is in the midst of a capital campaign that seeks to raise $8 million to $10 million over a 30 -month period in furtherance of the Owls Creek Marsh Pavilion Renovation and the Marine Animal Conservation Center. In January, the Foundation received a Campaign Planning Study from The Curtis Group, its capital campaign consultants. This study advised the trustees to hire an Assistant Development Director. The consultants interviewed 32 donors and found that more cultivation was needed which is critical to fundraising as they began a new capital campaign March 1, 2015. Specifically, the report states: Add the position of assistant director of development, so someone is focusing on cultivation of mid-level donors, stewardship, supporting the director of development in the process and enabling the director to focus on strategy and leadership gifts. The assistant position would also function as a capital campaign manager helping with the strategy, assisting with administrative components and participating in cultivation and solicitation. This position would manage the timeline and calendar of the campaign; organize tours, cultivation events and other campaign responsibilities. The recommended new FTE would be supported 100% by the Aquarium Foundation. This is a similar arrangement to the position authorized in the City's FY15 Operating Budget when Council approved a position entitled "Capital Campaign Coordinator." ■ Considerations: The attached ordinance accepts and appropriates the funding required to pay for the proposed FTE for the balance of the fiscal year. The proposed FTE would be a full time Assistant Development Officer. The Foundation has approved the funding for the salary and benefits associated with this position by reimbursing the City as is done with several other positions. The position would report to the existing Development Director. If at any time in the future there are insufficient funds to cover this position, it would no longer be available as part of the Aquarium's staff. Additionally, the attached ordinance would direct the City Manager to include this position in the FY16 Operating Budget. It is not currently in the City Manager's proposed FY16 Operating Budget. ■ Public Information: This item will be advertised using the regular Council agenda process. ■ Recommendation: Adopt the attached ordinance. ■ Attachments: Ordinance; Foundation Letter Recommended Action: Approval Submitting Department/Agency: Department of Museums City Manager: 1 , W1. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS FROM THE AQUARIUM FOUNDATION, TO AUTHORIZE ONE FULL TIME POSITION IN THE DEPARTMENT OF MUSEUMS, AND TO DIRECT THE CITY MANAGER TO INCLUDE THIS POSITION IN THE FY16 OPERATING BUDGET WHEREAS, the Virginia Aquarium Foundation (the "Foundation") and the City, through the Department of Museums, partner to promote and operate the Virginia Aquarium and Marine Science Center; and WHEREAS, the Foundation is in the midst of a capital campaign that seeks to raise $8 million to $10 million over a 30 month period in furtherance of the Owls Creek Marsh Pavilion Renovation and the Marine Animal Conservation Center; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1) That $14,447 is hereby accepted from the Virginia Aquarium Foundation and appropriated, with estimated revenues increased accordingly, to the FY 2014-15 Operating Budget of the Department of Museums; 2) That one full-time equivalent is established in the Department of Museums as an Assistant Development Director; 3) That this positon is contingent upon future funding from the Virginia Aquarium Foundation; and 4) That the City Manager is directed to include this position in the FY16 Operating Budget of the Department of Museums. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2015. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Sery es City Attorney's Office CA13326 R-1 March 17, 2015 VIRGINfA AQUARIUM March 17, 2015 Mr. James Spore City Manager City of Virginia Beach 2401 Courthouse Drive Virginia Beach, VA 23456 Dear Mr. Spore: The Virginia Aquarium & Marine Science Center Foundation would like to hire a full time Assistant Development Officer at the Virginia Aquarium as a City employee. The Foundation has approved the funding for the salary and benefits associated with this position by reimbursing the City as is done with several other positions. The position would report to the existing Development Director. If at any time in the future there are insufficient funds to cover this position, it would no longer be available as part of the Aquarium's staff. Should you have any questions about this matter, please contact Lynn Clements at 385-0240 or Sincerely, Thomas E. Fraim, Jr. President Virginia Aquarium & Marine Science Center Foundation 717 General Booth Boulevard, Suite 1, Virginia Beach, Virginia 23451 (757) 385-7777 phone (757) 437-4976 fax CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds from GEICO for Every 15 Minutes Program MEETING DATE: April 7, 2015 ■ Background: The Police Department has partnered with GEICO for several years in support of the Every 15 Minutes Program. Every 15 Minutes is a two-day program held at local high schools to give students a realistic look at the consequences of drinking and driving. The program includes a mock crash scene complete with emergency first responders, including Police, Fire, and EMS. A select group of students participate in an overnight retreat, and then join all juniors and seniors for an assembly the following day. Video footage of the crash is presented to students, and they listen to speakers that have been affected by drinking and driving. GEICO is a primary sponsor of the Every 15 Minutes Program and has provided $3,000 to be used for related expenses. ■ Considerations: This funding provides $3,000 to be used for the 2015 Every 15 Minutes Program. This program is not funded through the Police Operating Budget and would not occur without GEICO's support. Items funded include moulage makeup, hotel rooms, t -shirts, and meals. There are two events planned for 2015. ■ Public Information: Public information will be provided through the normal Council Agenda process. ■ Recommendations: Adopt the attached ordinance. ■ Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Police Department 1,64 �fl '_DWL� City Manager: , 1 2 3 4 5 6 7 8 9 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS FROM GEICO FOR THE EVERY 15 MINUES PROGRAM BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $3,000 is hereby accepted and appropriated, with estimated revenues increased accordingly, to the FY 2014-15 Police Department Operating Budget for the Every 15 Minutes Program. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2015. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Bu get and Management Services City Attorney's Offic CA13330 R-1 March 24, 2015 K. PLANNING 1. MCQ BUILDERS, LLC —1 / B.H. VINELAND, LLC for a Change in Non -Conformity at 1046 and 1050 Old Dam Neck and 1037 Dam Neck Roads DISTRICT 7 — PRINCESS ANNE RECOMMENDATION APPROVAL 2. BACK BAY BREW HOUSE / JOHN ATKINSON for a Conditional Use Permit (Craft Brewery) at 612 Norfolk Avenue DISTRICT 6 —BEACH RECOMMENDATION APPROVAL SIMON ACQUISITION II, LLC NORFOLK PREMIUM OUTLETS re the Comprehensive Plan Consistency Review for determination of whether general location or approximate location, character and extent of proposed roadway connection between Norfolk Premium Outlets and Northampton Boulevard is substantially in accord with the adopted Comprehensive Plan, or part thereof, pursuant to Virginia Code Section 15.2-2232 DISTRICT 4 — BAYSIDE STAFF RECOMMENDATION NOT IN ACCORD WITH COMPREHENSIVE PLAN PLANNING COMMISSION APPROVAL rrbtt11 ��` y1V-WW3xiCJji s 5� Jr 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, April 7, 2015, at 6:00 P.M., at which time the following applications will be heard: DISTRICT 7 — PRINCESS ANNE MCQ Builders, LLC — 1/ B.H. Vineland, LLC Application: Change in Non - Conformity at 1046 and 1050 Old Dam Neck and 1037 Dam Neck Roads (GPIN 24156520060000;24156408450000;24156522050000). DISTRICT 6 —BEACH Back Bay Brew House /John Atkinson Application: Conditional Use Permit (Craft Brewery) at 612 Norfolk Avenue (GPIN 2427040251). DISTRICT 4 — BAYSIDE Simon Acquisition II, LLC Norfolk Premium Outlets Application: Comprehensive Plan Consistency Review for determination of whether general location or approximate location, character, and extent of proposed roadway connection between Norfolk Premium Outlets and Northampton Boulevard is substantially in accord with the adopted Comprehensive Plan or part thereof, pursuant to Virginia Code Section 15.2-2232. Property description: At its southern end, the centerline of the roadway corridor intersects with the northern right-of-way of Northampton Boulevard at a point located approximately 145 feet southwest of the eastern property line of 6280 Northampton Boulevard (GPIN 1458-77-9833- 0000). The roadway centerline then continues approximately 850 feet in a northwesterly direction; then approximately 915 feet in a westerly direction; then, approximately 670 feet in a northwesterly direction to the boundary line between the City of Norfolk and the City of Virginia Beach. The width of the roadway right-of-way varies from approximately 100 feet at its intersection with Northampton Boulevard to a minimum of approximately 70 feet at boundary between the two cities. A map of the proposed roadway connection is on file in the Planning Department. 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 tit r >, n,! g For information call 3854621. 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 March 22 & 29, 2015 24571826 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Authorizing the Conversion of a Nonconforming Use on Property Located at 1046 and 1050 Old Dam Neck Road and 1037 Dam Neck Road (GPIN 24156520060000; 24156408450000; 24156522050000). COUNCIL DISTRICT — PRINCESS ANNE. MEETING DATE: April 7, 2015 ■ Background: It is the intent of the applicant to demolish structures currently located on three existing parcels for the purpose of redeveloping the site for 12 single-family residential units in a condominium form of ownership. The three parcels are zoned AG -2 Agricultural District. The three parcels contain 12 dwelling units in five separate structures, which are described in greater detail in the attached staff report. Section 401 of the Zoning Ordinance lists uses that are allowed as permitted or conditional uses (requires a Use Permit) within the AG -2 District. Per Section 401 only one principal single-family dwelling is permitted per lot. Thus, the current use of the three parcels is nonconforming. 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 applicant proposes to demolish the existing structures on the site and develop the site as described below. The submitted site plan depicts twelve single-family residences in a condominium form of ownership. The dwellings are located around a 24 -foot wide private drive. The plan eliminates the existing access point on Dam Neck Road, making the primary vehicle access to the site a relocated curb cut on Old Dam Neck Road. A walking path will connect the private drive with Dam Neck Road. No sidewalks are depicted throughout the site, or along Old Dam Neck Road. Additional details CONVERSION OF A NONCONFORMING USE — 1046 & 1050 DAM NECK ROAD Page 2 of 3 pertaining to the site plan are provided in the Comprehensive Plan section of the attached report. The submitted building elevations depict horizontal vinyl and shake siding with a brick skirt limited to the first eight inches on the front fagade. Trellises are depicted over the garage doors on several of the model homes. Additional details pertaining to the building design are provided in the Comprehensive Plan section of the attached report. ■ Recommendations: Staff concludes that the proposed conversion of the existing nonconforming use is reasonable and will be as appropriate to the zoning district as is the existing nonconforming use. The request, therefore, is acceptable as submitted, subject to the conditions below. 1. The site shall be developed substantially in conformance with the submitted plan entitled "CHANGE IN NONCONFORMITY APPLICATION EXHIBIT, STRAWBRIDGE MEADOWS" dated February 2, 2015. 2. The residential dwellings to be constructed on the lot shall be substantially in conformance with the submitted rendered elevation drawings entitled "BUILDING EXHIBIT, STRAWBRIDGE MEADOWS," dated February 2, 2015. ■ Attachments: Staff Review and Resolution Location Map Disclosure Statement Recommended Action: Approval. Submitting Department/Agency: Planning City Manager: Departmen 4� PRINCESS ANNE >75 B Ldh B2* i� B2-% B2* A18* 06 DAM NECK ROAD B2' B2 ; %' AG2 _ 7162 R10 A4P2 -"-"'Al2' AG2 AG2 RD.5* >75 dBtl RW 7 5 B2 AG2 AG2 ♦ �* •z..wq.m,cdrwd..v,wl.,,. o... s*... n,-„�,a„ Non Conforming Use April 7, 2015 City Council Hearing APPLICANT: MCQ BUILDERS, LLC -1 PROPERTY OWNER: B. H. VINELAND REQUEST: Conversion of Nonconforming Use ADDRESSES / DESCRIPTION: 1046 and 1050 Old Dam Neck Road, 1037 Dam Neck Road GPINS: ELECTION SITE SIZE: AICUZ: 2415640845, 2415652006, and DISTRICT: 2.58 acres Greater than 75 dB 2415652205 PRINCESS ANNE DNL BACKGROUND / DETAILS OF PROPOSAL Background It is the intent of the applicant to demolish structures currently located on three parcels, as described below, for the purpose of redeveloping the site for 12 single-family residential units in a condominium form of ownership. PARCEL 1 / 1037 Dam Neck Road Parcel 1 (see map below) is occupied by a one-story, single-family residence. The lot was platted in 1951 as part of a subdivision of the majority of the existing lots now located between Dam Neck Road and Old Dam Neck Road (MB 29, PG 39). The house was constructed in 1951. The site is nonconforming with regard to lot width, front, rear, and east side yard setbacks, and lot size. MCQ BUILDERS, L.L.C.-1 APRIL 7, 2015 CITY COUNCIL HEARING Page 1 PARCEL 2 / 1046 Old Dam Neck Road The parcel is addressed from Old Dam Neck Road; however, the lot has street frontage only on Dam Neck Road. Vehicles currently access the site from a curb cut on Dam Neck Road, and by crossing through 1050 Old Dam Neck Road (Parcel 3 on the map). The lot is arranged as a flag lot, and contains two principal structures containing a total of nine dwelling units. Accordingly, this parcel is being used for multi -family dwellings. PARCEL 3 / 1050 Old Dam Neck Road — This lot contains two dwelling units, which also have large garages. The applicant has stated that the structures containing the rental units were constructed in approximately 1950, prior to the adoption of the City Zoning Ordinance, and the few historical source documents available to the City, primarily 1954 aerial photography and USGS Quad Maps, agree. Section 401 of the Zoning Ordinance lists uses that are allowed as permitted or conditional uses (requires a Use Permit) within the AG -2 District. Per Section 401 only one principal single-family dwelling is permitted per lot. Thus, the current use of Parcels 2 and 3, as each has more than one dwelling unit, is nonconforming. Parcel 1 conforms to the Zoning Ordinance with regard to use, but does not meet the required minimum dimensional requirements for the AG -2 District. Section 105 of the Zoning Ordinance, which governs uses and structures that do not conform to the Zoning Ordinance, has provisions for nonconforming uses as well as nonconforming structures. In this case, the applicant is converting an existing nonconforming use to a different nonconforming use. Section 105(e)(1) states the following: No nonconforming use shall be converted to another use which does not conform to this ordinance 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. In the resolution authorizing such change, the City Council may attach such conditions and safeguards to its approval as it deems necessary to fulfill the purposes of this ordinance. When any nonconforming use is converted to another use, the new use and accompanying conditions of development shall conform to the provisions of this ordinance in each respect that the existing use conforms, and in any instance where the existing use does not conform to those provisions, the new use shall not be more deficient. Any such use authorized by the City Council shall thereafter be subject to the provisions of this section and to any conditions or restrictions attached by the City Council. MCQ BUILDERS, L.L.C.-1 APRIL 7, 2015 CITY COUNCIL HEARING Page 2 Since the applicant is proposing to replace the existing nonconforming uses (multi -family and single- family dwellings) with a different type of nonconforming use (single-family condominium units), the only means by which the applicant would be allowed to proceed is 'upon a resolution of the City Council,' upon its finding that 'the proposed use is equally appropriate or more appropriate to the district than is the existing nonconforming use.' Details Site Plan The submitted site plan depicts twelve single-family residences in a condominium form of ownership. The dwellings are located around a 24 -foot wide private drive. The plan eliminates the existing access point on Dam Neck Road, making the primary vehicle access to the site from a relocated curb cut on Old Dam Neck Road. A walking path will connect the private drive with Dam Neck Road. No sidewalks are depicted throughout the site, or along Old Dam Neck Road. Additional details pertaining to the site plan are provided in the Comprehensive Plan section of this report. Elevations The submitted elevations depict horizontal vinyl and shake siding with a brick skirt limited to the first eight inches on the front fagade. Trellises are depicted over the garage doors on several of the model homes. Additional details pertaining to the building design are provided in the Comprehensive Plan section of this report. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Multifamily and single-family residences SURROUNDING LAND North: . Dam Neck Road USE AND ZONING: . Across Dam Neck Road is a vacant lot / B-2 Community Business District South: . Single-family dwellings / AG -2 Agricultural District • Old Dam Neck Road • Across Old Dam Neck Road are single-family dwellings / AG -2 Agricultural and R -5D Residential Duplex Districts East: . Single-family dwellings / AG -2 Agricultural District • Multifamily condominiums / Conditional A-12 Apartment District West: . Single-family dwellings / AG -2 Agricultural District NATURAL RESOURCE AND The site is located within the Southern Rivers Watershed. The CULTURAL FEATURES: eastern half of the site is heavily wooded and contains a mixture of mature pines, deciduous trees, and bamboo. MCQ BUILDERS, L.L.C.-1 APRIL 7, 2015 CITY COUNCIL HEARING Page 3 COMPREHENSIVE PLAN: The Comprehensive Plan designates this site as being in 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. Achieving these goals of preserving neighborhood quality requires that all new development or redevelopment, whether residential or non-residential, either maintain or enhance the overall area. This is accomplished through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability, and effective buffering of residential from other residential with respect to type, size, and intensity of the proposed use and its relationship to the surrounding uses (p. 3-1, 3-2). The Plan's Housing and Neighborhood Plan guiding planning principles state that there is a need to provide an adequate supply of safe, decent, attractive and diverse housing, with a range of values including owner -occupied and rental units, to accommodate the present and future needs of all Virginia Beach residents. This includes promoting the development of housing to increase the supply of high- quality, affordable housing for those in the low to moderate income bracket (p. 8-7). Applicable Design Guidelines: The planning principles for the Suburban Area are reinforced by Special Area Development Guidelines for site and building design in the Comprehensive Plan's Reference Handbook. These design principles are tailored for this area and should be implemented, as appropriate, to improve the quality of our physical environment and aid in preserving adjacent neighborhoods. The guidelines applicable to this request are as follows: Vehicular and Pedestrian Circulation: Vehicular and pedestrian access should be distinct and clearly separated. Entrances and driveways should permit safe and convenient pedestrian crossing where they intersect sidewalk and other pedestrian access ways. A change in paving material to make the driver aware of the crossing is encouraged. Internal pedestrian circulation systems should provide safe and convenient access to uses within the development site (pp. B-7, 8). STAFF COMMENTS: The conceptual site plan indicates that vehicular access for this residential development will be from Old Dam Neck Road to a private street. Since no sidewalk exists along Old Dam Neck Road and since the conceptual site plan indicates that no pedestrian access will be provided within the development, it appears that opportunities to provide safe and convenient pedestrian crossings are limited. However, an opportunity does exist during site plan design for provision of a sidewalk for safe and convenient access within the site. Vehicular and Pedestrian Circulation: Pedestrian pathways not necessarily associated with the public roadways fronting the property should be provided in developments. Pedestrian pathways should be located within a landscaped or natural area that may consist of a significant stand of trees, unusual topographic conditions, natural drainage patterns or other natural features. Such pathways should be constructed of a durable, low maintenance material such as asphalt or some surface material that is semi -permeable in nature (p. B-8). o STAFF COMMENTS: The conceptual site plan indicates that an unpaved walking path will be provided that encircles the stormwater management facility and connects from the private street to the existing sidewalk along Dam Neck Road. The walking path should be constructed of a durable, low maintenance material such as asphalt or some surface material that is semi -permeable in nature. MCQ BUILDERS, L.L.C.-1 APRIL 7, 2015 CITY COUNCIL HEARING Page 4 Landscaping: Within reason, existing trees and groundcover that are healthy should be preserved and integrated into the overall design of development as a landscaping element for screening and beautification purposes, especially in highly visible areas of the site. Clearing in these areas should be confined to the absolute minimum. Where possible, a landscaped buffer adjacent to the right-of-way should be provided before any residential structures are sited. When selecting the type, size, and location of landscaping at critical areas such as intersections, parking lots and driveways; safe lines -of -sight that meet or exceed development standards should always be considered. This includes incorporating freestanding signs for the development into the landscape plan (pp. B-9, 11). STAFF COMMENTS: The applicants have worked with staff to adjust the development plan to preserve the stand of mature trees existing on the east side. A detailed landscaping plan should be submitted for review during site plan review that allows for preservation of existing vegetation as much as possible and for provision of the type, size and location of new plant material that addresses safe lines -of -sight, site beautification, and adequate screening from the adjacent residential uses. • Stormwater Management Facilities: Whenever possible, stormwater retention and detention systems should be designed as open space of landscape amenities. When structural systems are provided, plant material should be used to soften the appearance. The design of the system should blend in with the natural site features and become a design element of the overall development (pp. B-9 &10). o STAFF COMMENTS: The conceptual site plan indicates provision of streetscaping along the Old Dam Neck Road and Dam Neck Road that includes a stormwater management facility as an open space amenity surrounded by an unpaved walking path. • Signage: Signs for residential development should be compatible with the style and theme of the community and complementary to any significant natural site features. Signs should be externally illuminated at ground level to be hidden yet illuminate the sign adequately, designed to avoid any glare onto adjacent properties. Signs should be constructed of wood, fiberglass, or an appropriate long-lasting material (pp. B-10 & 11). o STAFF COMMENTS: The applicant did not submit signage detail for review. Architectural Elements and Building Materials: The structures should be architecturally designed with proportional elements of scale, mass, and height both in relation to the site and to the surrounding environment. Visual interest should be provided through window and door details, varied rooflines, consistent textures and color, as well as staggered placement of the buildings. Building materials should be long-lasting, attractive, and high quality with a complimentary color scheme that reflects the character of the area (pp. B-12 & 13). o STAFF COMMENTS: The primary elevations are in keeping with the desired proportional elements, scale, mass, and height in relation to the surrounding area; however, the side or rear elevation plans were not submitted for review. MCQ BUILDERS, L.L.C.-1 APRIL 7, 2015 CITY COUNCIL HEARING Page 5 IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Od Dam Neck Road is a two-lane local street in the vicinity of this site with a varying right-of-way of 40 feet. The Master Transportation Plan does not address Old Dam Neck Road. There are currently no capital improvement projects scheduled for this segment of Old Dam Neck Road. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Old Dam Neck 519 ADT 9,900 ADT (Level of Existing Land Use 2— Road Service "D") 120 ADT Proposed Land Use 3- 120 Average Daily Trips las defined by 12 dwellings 3 as defined by 12 dwellings PUBLIC WORKS / TRAFFIC ENGINEERING: The site along Old Dam Neck Road would require right-of- way improvements including, but not limited to, sidewalk construction and curb and gutter improvements. WATER AND SEWER: This site currently connects to City water. The 2 existing 5/8 -inch meters (City ID #95054721) and (City ID#95052632) can be used or upgraded to accommodate the proposed development. The site currently connects to sewer. Analysis of Pump Station #603 and the sewer collection system is required to ensure future flows can be accommodated. EVALUATION AND RECOMMENDATION 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 resolution of City Council, as provided for in Section 105, and not to allow them to be used as grounds for adding other structures or uses prohibited elsewhere in the same district. The applicant is converting an existing nonconforming use to a different nonconforming use; therefore, Section 105(e)(1) is applicable, which states the following: No nonconforming use shall be converted to another use which does not conform to this ordinance 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. In the resolution authorizing such change, the City Council may attach such conditions and safeguards to its approval as it deems necessary to fulfill the purposes of this ordinance. When any nonconforming use is converted to another use, the new use and accompanying conditions of development shall conform to the provisions of this ordinance in each respect that the existing use conforms, and in any instance where the existing use does not conform to those provisions, the new use shall not be more deficient. Any such use MCQ BUILDERS, L.L.C.-1 APRIL 7, 2015 CITY COUNCIL HEARING Page 6 authorized by the City Council shall thereafter be subject to the provisions of this section and to any conditions or restrictions attached by the City Council. Staff finds that the proposed conversion of twelve rental dwelling units located with multifamily and single- family dwellings to twelve single-family condominium dwelling units is reasonable and would be as equally appropriate to the surrounding area as the current conditions. Therefore, staff recommends approval of the request with the following conditions: CONDITIONS 1. The site shall be developed substantially in conformance with the submitted plan entitled "CHANGE IN NONCONFORMITY APPLICATION EXHIBIT, STRAWBRIDGE MEADOWS" dated February 2, 2015. 2. The residential dwellings to be constructed on the lot shall be substantially in conformance with the submitted rendered elevation drawings entitled "BUILDING EXHIBIT, STRAWBRIDGE MEADOWS," dated February 2, 2015. 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. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this application are valid or any structures may be occupied. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. MCQ BUILDERS, L.L.C.-1 APRIL 7, 2015 CITY COUNCIL HEARING Page 7 r"'a*-'*'` l � EXISTING CONDITIONS MCQ BUILDERS, L.L.C.-1 APRIL 7, 2015 CITY COUNCIL HEARING Page 9 <ti Opo OPM`NEGVe�`'P' SW? 0 a092 B2, pG ✓'"� PROPOSED SITE PLAN MCQ BUILDERS, L.L.C.-1 APRIL 7, 2015 CITY COUNCIL HEARING Page 10 PROPOSED PLAN AND SURROUNDING AREA MCQ BUILDERS, L.L.C.-1 APRIL 7, 2015 CITY COUNCIL HEARING Page 11 /§ \ � 2 , § »±{§§k| °!| A §Moll2I \ «2i■§@q§ Lu E g)® (■ § §7)\\/a■ § §<0 'w 2 kd UHM W !- wi BUILDING ELEVATIONS MCQ BUILDERS, L.L.C.-1 APRIL 7,2O]5CITY COUNCIL HEARING -. Page 12 ZONING HISTORY # DATE REQUEST ACTION 1 Submitted Conditional Change of Zoning — AG -2 Agricultural District to A-18 Apartment On Hold 11/01/2014 District 2 6/14/1994 Conditional Change of Zoning — A-12 Apartment District to B-2 Community Approved Business District 3 06/14/1994 Conditional Change of Zoning — A-12 Apartment District to A-18 Apartment Approved District 4 11/14/1995 Conditional Change of Zoning — AG -2 Agricultural and R-10 Residential Approved Districts to A-12 Apartment District 5 02/11/2014 Modification of Conditions — Convenience Store with Fuel Sales Approved 01/06/1996 Conditional Use Permit — Convenience Store with Fuel Sales Approved 6 09/25/2001 Conditional Use Permit — Convenience Store with Fuel Sales Approved 7 02/10/2004 Conditional Change of Zoning — AG -2 Agricultural District to R7.5 Residential Approved District 8 05/27/2014 Conditional Use Permit — Truck and Trailer Rental Approved 02/24/2004 Conditional Use Permit — Motor Vehicle Rental Approved 9 12/09/2014 Conditional Change of Zoning — AG -2 Agricultural District to B-2 Community Approved Business District 05/23/2006 Conditional Use Permit — Child Day Care Approved MCQ BUILDERS, L.L.C.1 APRIL 7, 2015 CITY COUNCIL HEARING Page 13 :ANT DISCLOSURE iership, firm, business, or other unincorporated by the names of all officers, members, trustees, ff necessary) k Mgr/Mem rent-subsidiary' or affiliated business entity2 ittach list if necessary) ►Ta corporation, partnership, firm, business, or n. f OWNER DISCLOSURE y owner is different from applicant. n, partnership, firm, business, or other ate the following: lowed by the names of all officers, members, attach list if necessary) arent-subsidiary' or affiliated business entity2 4ttach list if necessary) vner is NOT a corporation, partnership, firm, rated organization. Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes _K No If yes, what is the name of the official or employee and the nature of their interest? Brad Martin owner of Martin Engineering who is doing the engineering, planning and surveying for this project. DISCLOSURE STATEMENT MCQ BUILDERS, L.L.C.-1 APRIL 7, 2015 CITY COUNCIL HEARING 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) Monarch Bank, Martin Engineering, McCallum Testing, Retnauer Baynes Association, Bob Thornton with Thalhimer & Asscoiates ' "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. A t Vvr,_1Z1r"-I /� roperty Owner's Sig A,(jG;,r �h 611c1 than applicant) Print Name Print Name E tog 1 DISCLOSURE STATEMENT MCQ BUILDERS, L.L.C.-1 APRIL 7, 2015 CITY COUNCIL HEARING Page 15 1 A RESOLUTION AUTHORIZING THE CONVERSION OF A 2 NONCONFORMING USE ON PROPERTY LOCATED AT 3 1046 AND 1050 OLD DAM NECK ROAD AND 1037 DAM 4 NECK ROAD 5 6 WHEREAS, McQ Builders, LLC -1 (hereinafter the "Applicant") has made 7 application to the City Council for authorization for the conversion of a nonconforming 8 use located at 1046 and 1050 Old Dam Neck Road and 1037 Dam Neck Road in the 9 AG -2 Zoning District by replacing 12 nonconforming dwellings units located in multiple 10 structures on three parcels with 12 single-family dwellings in a condominium form of 11 ownership; and 12 13 WHEREAS, this lot currently contains 12 dwelling units in five buildings on three 14 lots, which is not allowed in the AG -2 Agricultural District; however, the dwellings were 15 built prior to the adoption of the applicable zoning regulations and are therefore 16 nonconforming; and 17 18 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the 19 conversion of a nonconforming use is unlawful in the absence of a resolution of the City 20 Council authorizing such action upon a finding that the proposed use, as converted, will 21 be equally appropriate or more appropriate to the zoning district than is the existing use; 22 23 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA: 25 26 That the City Council hereby finds that the proposed use of the lot, as converted, 27 will be equally appropriate to the district as is the existing nonconforming use under the 28 conditions of approval set forth herein below. 29 30 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 31 BEACH, VIRGINIA: 32 33 That the conversion of the nonconforming use is hereby authorized, upon the 34 following conditions: 35 36 1. The site shall be developed substantially in conformance with the submitted plan 37 entitled "CHANGE IN NONCONFORMITY APPLICATION EXHIBIT, 38 STRAWBRIDGE MEADOWS" dated February 2, 2015. 39 40 2. The residential dwellings to be constructed on the lot shall be substantially in 41 conformance with the submitted rendered elevation drawings entitled "BUILDING 42 EXHIBIT, STRAWBRIDGE MEADOWS," dated February 2, 2015. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2015. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: - P a i gpartment City Attorney's Office CA1333 R-1 March 27, 2015 0 &00 vtom:. D N I �-, , ��--- �: C4 O 0 &00 vtom:. D N I �-, , ��--- �: Z�o qhqlt,, co OEM 0 ow R C4 Z�o qhqlt,, co OEM 0 ow R CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: BACK BAY BREW HOUSE (Applicant) / JOHN ATKINSON (Owner), Conditional Use Permit (Craft Brewery). 612 Norfolk Avenue (GPIN 2427040251). COUNCIL DISTRICT— BEACH MEETING DATE: April 7, 2015 ■ Background: The applicant requests a Conditional Use Permit to allow for the expansion of a Craft Brewery located at the intersection of Norfolk Avenue and Cypress Avenue. The existing establishment predates the amendment to the Zoning Ordinance pertaining to Craft Breweries, approved by City Council on October 7, 2014. The establishment was originally approved as a manufacturing facility and an "eating and drinking establishment" in March 2014. As a result of the recent amendment and because Back Bay Brewery does not want to serve food, the Zoning Ordinance requires a Conditional Use Permit for this use. The applicant desires to expand the footprint of the existing operation on the subject site; therefore, a Conditional Use Permit is required. ■ Considerations: The establishment is located within an existing building that contains a number of uses, including two restaurants, an art gallery, a fitness studio, and a wedding chapel. The applicant has outgrown the current 1,120 square foot space, which includes a production area and tasting room. Due to the current space limitations, the applicant proposes to renovate two adjacent units in the building to provide additional production space and a second tasting room. The hours of operation for the tasting room are Tuesday through Thursday, 3:00 p.m. to 10:00 p.m., Friday through Saturday, 12:00 p.m. to 12:00 a.m., and Sunday, 12:00 p.m. to 5:00 p.m. These hours adhere to the requirements for Craft Breweries, which prohibit the sale or consumption of alcoholic beverages between 12:00 a.m. and 10:00 a.m. Further details pertaining to the proposal, as well as Staff's evaluation of the request, are provided in the attached staff report. There was opposition to the request. BACK BAY BREW HOUSE Page 2of2 ■ Recommendations: The Planning Commission, passing a motion by a recorded vote of 8-0, recommends approval of this request to the City Council with the following conditions: 1. Prior to obtaining a Certificate of Occupancy for the proposed expansions, the applicant shall obtain a variance from the Board of Zoning Appeals pertaining to the off-street parking requirement. 2. The applicant shall obtain all necessary permits from the Planning Department / Permits and Inspections Division. 3. The applicant shall obtain the appropriate permits from the Planning Department / Zoning Office for any signage added to the site. ■ 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: V , � iEACM MA M-7 Back Bay Brew House, L.L.C. A24- Ldn A24 ,a,.,.OMM A24' MdfrOfRAK `NORFOLK AVENUE - A24 •j �, a s K5Sss. T% w ,-kvw c..rw.v�,0y sr.o.v - CUP for Crit Brewery REQUEST: Conditional Use Permit (Craft Brewery) ADDRESS / DESCRIPTION: 614 Norfolk Avenue March 11, 2015 Public Hearing APPLICANT: BACK BAY BREW HOUSE, L.L.C. PROPERTY OWNER: JOHN ATKINSON STAFF PLANNER: Graham Owen GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 24270402510000 BEACH 22,053 square feet 70-75 dB DNL BACKGROUND / DETAILS OF PROPOSAL Background and Details The applicant requests a Conditional Use Permit to allow for the expansion of a Craft Brewery located at the intersection of Norfolk Avenue and Cypress Avenue. The existing establishment predates the amendment to the Zoning Ordinance pertaining to Craft Breweries, approved by City Council on October 7, 2014. The establishment was originally approved as a manufacturing facility and an "eating and drinking establishment" in March 2014. As a result of the recent amendment and because Back Bay Brewery does not want to serve food, the Zoning Ordinance requires a Conditional Use Permit for this use. The applicant desires to expand the footprint of the existing operation on the subject site; therefore, a Conditional Use Permit is required. The establishment is located within an existing building that contains a number of uses, including two restaurants, an art gallery, a fitness studio, and a wedding chapel. The applicant has outgrown the current 1,120 square foot space, which includes a production area and tasting room. Due to the current space limitations, the applicant proposes to renovate two adjacent units in the building to provide additional production space and a second tasting room. The renovations would take place in two phases: BACK BAY BREW HOUSE Agenda Item 2 Page 1 • Phase 1, consisting of the renovation of a second floor suite and creation of an additional 1,180 square foot tasting room. Phase 2, consisting of the expansion of the existing tasting room by 300 square feet and the addition of 900 square feet for brewing and refrigeration purposes. In total, these renovations will expand the floor area of the current operation threefold. The hours of operation for the tasting room are Tuesday through Thursday, 3:00 p.m. to 10:00 p.m., Friday through Saturday, 12:00 p.m. to 12:00 a.m., and Sunday, 12:00 p.m. to 5:00 p.m. These hours adhere to the requirements for Craft Breweries, which prohibit the sale or consumption of alcoholic beverages between 12:00 a.m. and 10:00 a.m. Site The subject 22,053 square foot site contains a two-story building and associated parking. City records indicate that the existing building, which covers 80 percent of the site, was constructed in 1940. The site is surrounded by a mix of light industrial and residential uses. Parkinq The building covers 80 percent of the subject site, and has setbacks ranging from zero to five feet along Norfolk Avenue, Cypress Avenue, and the eastern lot line. These minimal setbacks, in addition to the sidewalk along Norfolk Avenue, provide an urban village form reflective of the historical use of the site for passenger rail -oriented uses. As a result of the historical development of the site, there are only ten on- site vehicle parking spaces, which are shared between the various uses in the building. The landlord owns a parking lot containing twenty-two spaces immediately across 10th street from the site, and the brewery's use of that lot is included in their lease. There is also a City -owned parking lot containing thirty parking spots immediately across Norfolk Avenue from the site. The proposed expansion will add 1,480 square feet of tasting room space, and with 3 employees working during the maximum working shift, the Zoning Ordinance parking requirements result in a need for 18 parking spaces. These 18 spaces currently exist on the lot across 10th Street. Staff believes that these spaces, while shared with the other businesses on the subject site, are sufficient for the use given that the existing use of the brewery has demonstrated substantial reliance on pedestrian and bicycle traffic; however, a variance to the on-site parking requirement will need to be obtained for the use. AICUZ The site is located in the 70-75 db DNL noise zone. Beverage manufacturing and eating and drinking establishments are compatible uses in this zone. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Brewery with tasting room, restaurants, art and exercise studios, and wedding chapel SURROUNDING LAND North: . Norfolk Avenue USE AND ZONING: . Across Norfolk Avenue, multi -family dwellings / A-24 Apartment District South: . 10th Street Parking lot / RT -3 Resort Tourist District BACK BAY SEW HOUSE Agenda Itm 2 MIA- 7 East: . Warehouse / 1-1 Light Industrial District West: 0 Cypress Avenue • Beauty salon / RT -3 Resort Tourist District • Single-family dwellings / R -5S Residential Single -Family District NATURAL RESOURCE AND The site is located in the Owls Creek Watershed. The site is located CULTURAL FEATURES: directly south of the historic Norfolk Southern Railroad right-of-way. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area of the city as Urban Area - Strategic Growth Area 8, Resort Area. The Resort Area is recognized as an area where revitalization efforts have and continue to transform the Resort Area into a major activity center, strengthen neighborhoods, and increase economic growth (p. 2-28). The vision is to extend the `energy' at the Oceanfront inland in order to revitalize these areas and increase activity in the off-season. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): No professionally recognized trip generation rates exist for breweries or their associated tasting rooms. The expansion of the first floor brewery for more brewing equipment was not used to calculate an increase in trip rates as the employment rate appears to stay the same even with the expansion. The best estimate for trip rates was to conservatively apply square footage of the tasting rooms to the high turnover restaurant trip generation rate; however, these are likely higher than the tasting room would experience except possibly on a Friday afternoon or evening. Norfolk Avenue is a four -lane minor urban arterial. Norfolk Ave has a 50 -foot wide right-of-way in the vicinity of this site. Norfolk Ave is not designated on the Master Transportation Plan. There are no Capital Improvement Program projects scheduled for Norfolk Avenue in the vicinity of this site. Cypress Avenue in the vicinity of this site is a two-lane local street. Cypress Avenue has a 60 -foot right-of- way in the vicinity of this site. This section of Cypress Avenue is not addressed in the Master Transportation Plan. No Capital Improvement Program projects are scheduled for Cypress Ave in the vicinity of this site. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Norfolk Avenue 9,941 ADT' 22,800 ADT' (LOS a "D") s-150 Existing Land Use ADT Proposed Land Use 3— 330 ADT No counts 9,900 ADT' (LOS' "D") Cypress Avenue available BACK BAY BREW HOUSE Agenda Item 2 Page 3 Average Daily Trips las defined by General Light Industrial with 3 employees plus 1,120 SF High Turnover (sit-down) Restaurant. No ITE trip generation rates exist for breweries/tasting rooms. 3 as defined by General Light Industrial with 3 employees plus 2,600 SF High Turnover (sit-down) Restaurant. 4 LOS = Level of Service EVALUATION AND RECOMMENDATION The site is located within the Resort Strategic Growth Area (SGA). Projects within the Resort SGA are evaluated for consistency with the Resort Area Strategic Action Plan (RASAP), which guides the pattern of future urban development at the Oceanfront. The RASAP identifies the following development strategies that are relevant to this application: Create great districts with distinctive identities. Staff comments: The site is located within a small PI Light Industrial District housing an eclectic mix of uses. The existing craft brewery complements the restaurants and other uses on the site, and helps retain the industrial heritage of the site by providing a light manufacturing use. The site is seven blocks away from a proposed micro -distillery on Virginia Beach Boulevard, and thus, positively contributes to the evolving Oceanfront nightlife with a food and drink focus. • Continue to focus on achieving a "Year -Round Resort." Staff comments: The brewery is currently open year-round, with extended tasting room hours during the summer months. • Create a transition from the Resort Area to the neighborhoods. Staff comments: The brewery is a low -intensity use similar in many ways to a restaurant, however, the brewery's hours of operation are more limited than those normally associated with establishments holding a mixed - beverage license, such as a bar or restaurant. Summary The proposed Craft Brewery expansion is acceptable and encouraged in this area. The subject site and four adjacent parcels on the block are the sole remnants of a larger Industrial District that historically encompassed the area, and a light manufacturing use such as a brewery helps retain this heritage while also providing a destination for not only the surrounding neighborhoods but also the Oceanfront Resort core. This establishment has already proven to be a positive factor in the area and a good neighbor, and it blends well with other uses in this area and attracts much-needed activity during both the'resort season' and the 'off season.' This type of creative use is precisely the type of revitalization effort encouraged by the Comprehensive Plan and the RASAP. Based on the above, Staff recommends approval of this request with the conditions below. BACK BAY°BREW HOUSE Agenda Item -2 Page 4 CONDITIONS 1. Prior to obtaining a Certificate of Occupancy for the proposed expansions, the applicant shall obtain a variance from the Board of Zoning Appeals pertaining to the off-street parking requirement. 2. The applicant shall obtain all necessary permits from the Planning Department/ Permits and Inspections Division. 3. The applicant shall obtain the appropriate permits from the Planning Department / Zoning Office for any signage added to the site. 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. BACK BAY`BREW HOUSE Agenda 1ti n 2 Pace 5 WTI AERIAL OF SITE LOCATION q4�'INiA'BE4 BACK BAY BREW HOUSE Agenda Item 2 Page 6 PROPOSED SITE PLAN (2nd Floor Tasting Room) r�G C: BACK BAY BREW HOUSE Agenda Item 2 Page 7 Y-11& a GO µ o PROPOSED SITE PLAN (2nd Floor Tasting Room) r�G C: BACK BAY BREW HOUSE Agenda Item 2 Page 7 0 0 w C .N IT u O FLOOR LAYOUT d Gl�}tA B��,' C.-,�, a ♦4 a Y_ N z O t Q O a N Q N Opo S C O t0 N I I 1 1 I I 17 N N N N Q r I I � I 1 FLOOR LAYOUT d Gl�}tA B��,' C.-,�, ♦4 a Y_ O t Q O a Agenda Item 2 Opo S t0 N I I 1 1 I I ? r I I � I 1 Q I I o � S L Q Y d Y 0z °z z z O N = O O tty Z _O y O O y O « « � � 1 ow >4,/ 0 1 ioZ C nn��nwv cc��.ldn FLOOR LAYOUT Gl�}tA B��,' C.-,�, ♦4 BACK BAY BREW HOUSE Agenda Item 2 Page 8 VIEW OF SITE FROM NORFOLK AVENUE � A ,Y BACK BAY BREW HOUSE Agenda Item 2 Page 9 SIDEWALK ALONG NORFOLK AVENUE BACK BAY BREW HOUSE Agenda Item 2 Page 10 BEACH �`o-s a,� Back Bay Brew Hous 24L n, en y� f PINAW000OR 17 NORFOLK AVE 'Zoning with Conddons Prof ers, Open Space Promotion A, VENUE i ZONING HISTORY L.L.C. ARS 011 AvgMi CUP for Craft Brewery # DATE REQUEST ACTION 1 07/06/2010 Conditional Use Permit (Outdoor Recreation Facility) Approved 2 02/12/2002 Change of Zoning (1-1 Light Industrial to Conditional A-24 Apartment District Approved 3 01/23/1996 Change of Zoning (A-12 Apartment to RT -3 Resort Tourist District) Approved 4 03/09/1993 Change of a Nonconforming Use Denied BACK BAY BREW HOUSE Agenda Item 2 Page 11 APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Back Bay Brew House LLC. Officers Josh Canada, Charlie Burroughs George Powell, and Will Yearick 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) Union Brick Construction, Axis GE 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) Atkinson Holding LLC. John T. Atkinson Sole Member 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) Atkinson Realty Inc. F] Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes I 1 Does an official or employee of the City of Virginia Beach have an interest in the 1 subject land? YesNo IXC If yes, what is the name of the official or employee and the nature of their interest? DISCLOSURE STATEMENT BACK BAYA�ftEW HOUSE Agenda Item 2 Page 12 r i 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) Monarch Bank, Bill Brunke CPA, Towne Bank 1 "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photographrandd view the site for purposes of processing and evaluating this application. GeO."ge C ,pave (/ s Signature Print Name JgLo % A& tv,5o�„ Owner's Signa a (if different than applicant) Print Name DISCLOSURE STATEMENT BACK BAY',$REW HOUSE Agenda Item 2 Page 13 Financial Disclosure Statement What financial institution(s) [bank, credit union, mortgage company, etc.] is or will have a financial interest in this project? Source of financing for sale/lease or purchase of property: N/A Real Estate Broker: N/A Lienholder / Collateral on the property: Wells Fargo financed the building for the owner Source of financing for project: Cash on Hand If there have been any discussions with a financial institution with regarding to loans to be secured to finance any aspect of this project, please provide the name of those institutions: N/A Contract Purchaser: N/A Ongoing relationship with any financial institution: Monarch Bank & Towne Bank are financial institutions of BBBCo. DISCLOSURE STATEMENT Item #2 Back Bay Brew House Conditional Use Permit 612 Norfolk Avenue District 6 Beach March 11, 2015 REGULAR An application of Back Bay Brew House for a Conditional Use Permit (Craft Brewery) on property located at 612 and 614 Norfolk Avenue, District 6, Beach. GPIN: 24270402510000. CONDITIONS 1. Prior to obtaining a Certificate of Occupancy for the proposed expansions, the applicant shall obtain a variance from the Board of Zoning Appeals pertaining to the off-street parking requirement. 2. The applicant shall obtain all necessary permits from the Planning Department/ Permits and Inspections Division. 3. The applicant shall obtain the appropriate permits from the Planning Department/ Zoning Office for any signage added to the site. 4. In an effort to minimize hazards caused by parked bicycles on Norfolk Avenue, a bicycle rack accommodating a minimum of five bicycles shall be installed on the subject site along 10th Street. 5. The applicant shall install and service at least two covered trash bins on the outside of the building. 6. The applicant shall install automatic closers on the tasting room doors facing Norfolk Avenue. A motion was made by Commissioner Hodgson and seconded by Commissioner Rucinski to approve item 2. AYE 8 BROCKWELL AYE HODGSON AYE INMAN KWASNY AYE OLIVER AYE RIPLEY RUCINSKI AYE RUSSO AYE THORNTON AYE WALL AYE WEINER NAY 0 ABS 2 ABSENT 1 ABS ABS ABSENT Item #2 Back Bay Brew House Page 2 By a vote of 8-0-2, with the abstentions so noted, the Commission approved item 2. George Powell appeared before the Commission on behalf of the applicant. Alan Angleman appeared in opposition. 4 i� Isi CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: SIMON ACQUISITION II, LLC NORFOLK PREMIUM OUTLETS, Comprehensive Plan Consistency Review for determination of whether general location or approximate location, character, and extent of proposed roadway connection between Norfolk Premium Outlets and Northampton Boulevard is substantially in accord with the adopted Comprehensive Plan or part thereof, pursuant to Virginia Code Section 15.2-2232. COUNCIL DISTRICT — BAYSIDE MEETING DATE: April 7, 2015 ■ Background: To ensure the development that occurs in the City of Virginia Beach achieves the vision established by the Comprehensive Plan and its associated plans for the Strategic Growth Areas (SGAs), it is critical that proposed development be evaluated for consistency with the Comprehensive Plan. That level of evaluation occurs with requests for zoning changes, use permits, and development site plan reviews. It is also critical, however, that public facilities, such as infrastructure improvements, and public features also be reviewed to ensure the consistency of those features with the Comprehensive Plan and SGA Plans. Accordingly, Virginia Code Section 15.2-2232 provides a process by which a governing body may review proposed public facilities and features and determine whether such facilities and features are consistent with and in accord with the Comprehensive Plan. ■ Considerations: The applicant has contracted to acquire approximately 50 acres of the former Lake Wright Golf Course from the City of Norfolk Economic Development Authority (EDA) to develop a new 350,000 square foot outlet shopping center (Norfolk Premium Outlets). Per the narrative submitted with the application, under the applicant's contract with the Norfolk EDA, the EDA has agreed to install an access route from Northampton Boulevard to the Premium Outlet Center. The access roadway is located within the City of Virginia Beach, and being a proposed public facility, the City Council may, pursuant to Section 15.2-2232, review the roadway for the purpose of determining if the facility is consistent with and in accord with the Comprehensive Plan, and any of its parts adopted by reference, such as the Burton Station SGA Plan. Accordingly, the applicant has SIMON ACQUISITION Page 2 of 2 submitted a request that the roadway be reviewed pursuant to Section 15.2- 2232. Staff's description, explanation, and evaluation of the request are provided in the attached staff report. There was no opposition to the request. ■ Recommendations: The Planning Commission, based on the information presented to Planning Commission and the Commission's subsequent discussion, determined that "the proposed roadway is substantially in accord with the City's Comprehensive Plan or part thereof." This determination is conveyed to the City Council through the attached resolution, adopted by the Planning Commission by a vote of 9 to 1. Additionally, the resolution includes a recommendation by the Planning Commission for a review of the Burton Station Corridor Strategic Growth Area Plan to determine if revisions to that plan are warranted. ■ Attachments: Staff Report and Disclosure Statements Resolution Minutes of Planning Commission Hearing Location Map Recommended Action: Staff finds that the proposed roadway facility is not in accord with the Comprehensive Plan including those parts adopted by reference. The Planning Commission finds that the proposed roadway facility is in accord with the Comprehensive Plan including those parts adopted by reference. Submitting Department/Agency: Planning Department AK City Manager: �k . mY1,11 SAYSIDE •zo,:o,a.cw+�.vArw...cw.sw�.v,o.a;M Comprehensive Pion Consistency Review 6 March 11, 2015 Public Hearing APPLICANT: SIMON ACQUISITION II, LLC PROPERTY OWNER: CITY OF NORFOLK ECONOMIC DEVELOPMENT AUTHORITY STAFF PLANNER: Stephen J. White ELECTION DISTRICT: BAYSIDE REQUEST: Comprehensive Plan Consistency Review pursuant to Virginia Code Section 15.2-2232(A), of the Norfolk Premium Outlets Roadway Concept (proposed roadway connection between Norfolk Premium Outlets and Northampton Boulevard) ADDRESS / DESCRIPTION: Proposed right-of-way located within the eastern portion of the former Lake Wright Golf Course property on the north side of Northampton Boulevard. At its southern end, the centerline of the roadway corridor intersects with the northern right-of-way of Northampton Boulevard at a point located approximately 145 feet southwest of the eastern property line of 6280 Northampton Boulevard (GPIN 1458-77-9833-0000). The roadway centerline then continues approximately 850 feet in a northwesterly direction; then approximately 915 feet in a westerly direction; then, approximately 670 feet in a northwesterly direction to the boundary line between the City of Norfolk and the City of Virginia Beach. BACKGROUND With the adoption of the current Comprehensive Plan in 2009, the City of Virginia Beach entered a new era wherein the Comprehensive Plan provided not only policies and recommendations with regard to current and future land use but also strategic policies and recommendations intended to address the new realities of a dwindling inventory of land available for development, a need for the city to be more sustainable, and a strategy for encouraging economic development while also providing areas for affordable residential growth. With a firm resolve that the 'Green Line' will remain as the boundary below which urban services will not be available, the City Council has stressed the importance of its eight Strategic Growth Areas (SGAs) as a means to concentrate growth in a strategic, smarter, and more SIMON ACQUISITION II, LLC Agenda Item 6 Page 1 sustainable way, by developing centers of employment, living, commerce, shopping, and arts and culture. This planning strategy also recognizes the importance of preserving and respecting existing neighborhoods and suburban employment centers, ensuring that new development and proposed public facilities contribute to the well-being of those areas as well. To ensure the development that occurs in the City of Virginia Beach achieves the vision established by the Comprehensive Plan and its associated plans for the SGAs, it is critical that proposed development be evaluated for appropriateness and consistency with the Comprehensive Plan. That level of evaluation occurs with requests for zoning changes, use permits, and development site plan reviews. It is also critical, however, that infrastructure improvements and public features be reviewed to ensure consistency of those features with the Comprehensive Plan and SGA Plans. The Virginia Code allows a governing body, such as the City Council, with the advice of the Planning Commission, the opportunity to review and approve zoning district amendments (change of zonings), conditional (or special) use permits, and other similar applications as a means to ensure development and land use proposals are in accordance with the Comprehensive Plan. The Virginia Code also provides a similar review and approval process for proposed public facilities and features to determine consistency with the Comprehensive Plan. Part `A' of Section 15.2-2232 provides the regulatory framework this process, which is referred to as a Comprehensive Plan Consistency (CPC) review. Part `A' of Section 15.2-2232, presented below, establishes why such review is necessary and what types of facilities or features may be reviewed for consistency, as well as the required public notice and hearing process. The remaining parts of Section 15.2-2232 (`B' through 'F'), which provide additional regulations specific to the public facility or feature being proposed, are provided on page 9. Virginia Code Section 15.2-2232(A) Whenever a local planning commission recommends a comprehensive plan or part thereof for the locality and such plan has been approved and adopted by the governing body, it shall control the general or approximate location, character, and extent of each feature shown on the plan. Thereafter, unless a feature is already shown on the adopted master plan or part thereof or is deemed so under subsection D, no street or connection to an existing street, park or other public area, public building or public structure, public utility facility or public service corporation facility other than a railroad facility or an underground natural gas or underground electric distribution facility of a public utility as defined in subdivision (b) of § 56-265.1 within its certificated service territory, whether publicly or privately owned, shall be constructed, established or authorized, unless and until the general location or approximate location, character, and extent thereof has been submitted to and approved by the commission as being substantially in accord with the adopted comprehensive plan or part thereof. In connection with any such determination, the commission may, and at the direction of the governing body shall, hold a public hearing, after notice as required by § 15.2-2204. Following the adoption of the Statewide Transportation Plan by the Commonwealth Transportation Board pursuant to § 33.2-353 and written notification to the affected local governments, each local government through which one or more of the designated corridors of statewide significance traverses, shall, at a minimum, note such corridor or corridors on the transportation plan map included in its comprehensive plan for information purposes at the next regular update of the transportation plan map. Prior to the next regular update of the transportation plan map, the local government shall acknowledge the existence of corridors of statewide significance within its boundaries. Accordingly, pursuant to Virginia Code Section 15.2-2232, the question presented to the Planning Commission and the City Council is whether a proposed public facility, Lake Wright Boulevard, is in substantial accord with the Comprehensive Plan, including those parts adopted by reference. SIMON ACQUISITION II, LLC Agenda Item 6 Page 2 PROPOSED FACILITY The applicant has contracted to acquire approximately 50 acres of the former Lake Wright Golf Course from the City of Norfolk Economic Development Authority (EDA) to develop a new 350,000 square foot outlet shopping center (Norfolk Premium Outlets). Per the narrative submitted with the application, under the applicant's contract with the Norfolk EDA, the EDA has agreed to install an access route from Northampton Boulevard to the Premium Outlet Center. Based on transportation analyses conducted by the City of Norfolk's transportation consultant, URS, Norfolk has identified two potential access routes: (1) an extension of Wesleyan Drive on the north side of Northampton Boulevard with an alignment that parallels the western side of the boundary line between Norfolk and Virginia Beach; and (2) construction of a four -lane access road, referred to as Lake Wright Boulevard, that will extend northward from a new intersection on Northampton Boulevard, beginning approximately 1,000 feet east of the existing intersection at Wesleyan Drive and Northampton Boulevard. This second alternative, referred to as the "Lake Wright Boulevard Roadway Concept," was selected as the preferred solution by the City of Norfolk, since, based on the conclusions reached by URS, it would do the most toward alleviating traffic impact on the local transportation system. The location of this alternative is shown below, as well as on pages 11 and 12. M lef s«re R3 - The roadway concept depicts two - — -- - future connections from Lake Wright Boulevard into the core area of Burton 4 - -- Station. The southernmost connection is aligned such that it would connect a <<a •_ <=; with Tolliver Road. _ The proposed roadway consists of four lanes as well as turning lanes r where necessary. A landscaped buffer area is depicted on the east side of the roadway, adjacent to the existing shy. residential lots of Burton Station Village. The width of the roadway sright-of-way varies from approximately 100 feet at its intersection with p _ -r Northampton Boulevard to a minimum ,o0 ylv 1. of approximately 70 feet at boundary Northamp� pp Y Y , between the two cities. Cross-sections of the main roadway at various points, as well as the connecting roadways, are shown on page 13. SIMON ACQUISITION II, LLC Agenda Item 6 Page 3 According to the submitted plan, the proposed roadway is within a public right-of-way only to the point where the northernmost roadway connection to the core of Burton Station intersects Lake Wright Boulevard. From that point northward, the road is outside of the public right-of-way as it enters the parking lot for the outlet mall. The graphic to the right shows the route of the proposed roadway, and indicates the portions of the roadway that are public (shown in red) and private (yellow). As noted earlier, the determination of the placement of the roadway as proposed was partially driven by the results of the Burton Station Traffic Study, conducted by URS. The City of Virginia Beach's Traffic Engineering Staff, the City of Norfolk's Engineering Staff, and URS cooperatively worked on an effort to determine potential impacts of the proposed outlet mall and the methods available to address the impacts. These efforts were originally initiated at the time that a portion of the parking lot for the mall would have been located within the City of Virginia Beach. The land use assumptions utilized for the study were based on a combination of the following: The recommended development scenario associated with the Burton Station (Northampton Boulevard Corridor) SGA Implementation Plan �,EELR STORE RD —�- Nblk Riahtal-Way OUTLET• b_. RrvneRoadvnr ! — MALL r t e �pF �j �bS t 1O t t -- ✓'" BLVD NONiHAM 4 A, that would remain applicable after the deletion of the portion of that scenario encompassed by the area identified by Norfolk for the proposed outlet mall; and 2. The outlet mall, assumed retail and other uses adjacent to the mall, and 'in-house' planning concepts. Even with the involvement of the City of Virginia Beach Traffic Engineering Office, however, the conclusions reached by URS still lack the support of the City's Traffic Engineer. On November 14, 2014, the City's Traffic Engineer notified Norfolk's Traffic Engineer via email that while the Burton Station Traffic Study was being distributed by the City of Norfolk as being `Final,' the City of Virginia Beach has never accepted the report as final. Regardless of the above, it is vital to understand that the purpose of this Comprehensive Plan Consistency (CPC) review is not to determine what transportation improvements might best serve existing and planned development. The purpose of the CPC review is only to determine if the proposed roadway is consistent with the currently adopted Comprehensive Plan, in all of its parts, including those adopted by reference. SIMON ACQUISITION II, LLC Agenda Item 6 Page 4 COMPREHENSIVE PLAN MASTER TRANSPORTATION PLAN The Master Transportation Plan, which is a component of the Comprehensive Plan, provides goals, policies, and action strategies intended to create a multi -modal network to move people and goods throughout the city and region in an efficient manner. Since the goal is the creation of an efficient multi- modal transportation system, the Master Transportation Plan provides policies and strategies for each mode of transportation. One such mode is the city's road and highway network. A key component for the planning of the road and highway network is the Primary Roadway Network Plan Map (page 6-7, Comprehensive Plan Policy Document). The portion of that map applicable to the proposed Lake Wright Boulevard is shown below, with the specific site of the proposed roadway indicated by the orange star. The only roadways shown on the Master Transportation Plan in the area are Baker Road, Northampton Boulevard, and Wesleyan Drive. The Master Transportation Plan describes the Plan Map and its purpose as follows (page 6-3). Legend Proposed New Interchange ® Proposed New Flyover Proposed Southeastern Parkway S Greenbelt Interstate Parkway (Ultimate ROW identified on map) Major Arterial up to 8 lanes Mid Arterial up to 6 lanes Minor Arterial up to 4 lanes Major Collector up to 4 lanes tvinor Collector up to : lanes The primary component of the City's transportation System is our road and highway network. While this plan tries to address the City's transportation needs through a variety of different options, the road and highway network will continue to play the lead role in the overall transportation system. Therefore it is imperative that roads are adequately planned for, designed, and maintained to accommodaw the cars, trucks, and buses that move the vast majority of people and goods throughout the community. PRIMARY ROADWAY NETWORK PLAN MAP The Primary Roadway Network Plan Map is a key planning tool for development of the City s street network. The map is developed in conjunction with current specifications and standards used by the City of Virginia Beach Public Works Department. The Primary Roadway Network Plan Map identifies the general road corridor locations, road classification, and ultimate proposed lane configuration. The details of what amenities are incorporated in a given road section are identified in the City's Typical Section Standard Drawings. Each roadway classification has alternative cross sections for constrained situations where right -of way may be limited by the man-made or natural environment. However, this plan assumes the "Unconstrained" cross section when identifying planned right-of-way and amenities. SIMON ACQUISITION II, LLC Agenda Item 6 Page 5 LAND USE PLAN COMPONENTS OF THE COMPREHENSIVE PLAN The Burton Station (Northampton Boulevard Corridor) SGA Implementation Plan, adopted by City Council January 27, 2009, (referenced as "Burton Station SGA Plan" hereafter) is one of the eight Strategic Growth Areas within the city identified to provide opportunities for continued physical and economic growth; protect established neighborhoods from incompatible development; maximize infrastructure efficiency; and create unique and exciting urban destinations (p. 2-2, 2009 Comprehensive Plan). During the public participation phase of the drafting of the Burton Station SGA Plan, three development scenarios were presented to the stakeholders for the Burton Station Village area: low-density residential; high- density residential; and high-density commercial. After extensive public input and participation, the stakeholders chose the low-density residential option (see graphic to the right), which kept in place the 31 single-family residential homes existing at the time and the current alignment of Burton Station Road from Northampton Boulevard to the edge of the Village. At the edge of the Village, Burton Station Road will be truncated, and a loop road will be created along the periphery of the Village core to provide a means of internal circulation. All three options included this truncated Burton Station Road in Golf Course District order to eliminate Collaboration between the cities ofVirgini a itch and Norfolk cut -through traffic to the airport and to accommodate the allows a new configuration for the golf course, increasing its impact planned partial relocation of Lake Wright Golf Course. as an amenity to the entire area Fairways stretch along an existing and proposed lake, and are edged by new office development oppor- tunities A nearby commercial district and the residential neighbor- hood of Burton Station Village provide a range of uses within the vicinity. The adopted Burton Station SGA Plan also recommends a "Golf Course District" (see graphic to left) spanning both sides of the border between the cities (pp. 21-25, Burton Station SGA Plan). The Plan calls for the renovation of the golf course and partial relocation of some of the golf course holes from the Norfolk side of the border to Norfolk Redevelopment and Housing Authority -owned property on the Virginia Beach side of the border as well as into an area of the Burton Station SGA encumbered by air navigation easements, most of which is owned by the Norfolk Airport Authority. The relocated golf course creates a centerpiece to the western portion of the Burton Station SGA Plan, providing a natural buffer around the residential village and opportunities for new office buildings overlooking the fairways. The road network recommended by Burton Station SGA Plan includes an extension of Wesleyan Drive to Barrs Road and Miller Store Road, both of which would provide access to new office buildings lining Barrs Road. Having two access points to this office property is an important component of the plan (p. 22, Burton Station SGA Plan). In SIMON ACQUISITION II, LLC Agenda Item 6 Page 6 contrast to the recommendations of the Burton Station SGA Plan, the City of Norfolk is proposing a new road, "Lake Wright Boulevard," to serve as the primary access point to a new 350,000 square foot retail development. As noted earlier in this report, the applicant has proposed a roadway connection to Burton Station Road (shown on submitted plan as "Burton Station Connector"). Such a roadway is inconsistent with the roadway system for the Village core, which truncates Burton Station Road, and encompasses the village with a loop road. EVALUATION AND RECOMMENDATION Staff finds that the applicant has proposed a roadway connection between Northampton Boulevard and an outlet mall that is not consistent with the currently adopted Burton Station SGA Plan, the Master Transportation Plan, and accordingly, the Comprehensive Plan. The roadway is not recommended by the Comprehensive Plan, including those components that are part of the Comprehensive Plan by reference. The roadway system recommended by the Burton Station SGA Plan provided for a connection between Northampton Boulevard and Miller Store Road. That connection is shown as an extension of Wesleyan Drive to Miller Store Road. The role of the Wesleyan Drive extension is significant, as it acts as the primary roadway that collects and distributes traffic in and out of the corporate office areas to the west and east of the roadway, connecting to Barrs Road at the eastern end. The roadway being proposed by the applicant is not a substitute for such a connection; moreover, the Wesleyan Drive connection as recommended by the Burton Station SGA Plan will no longer be possible, as an outlet mall will disrupt the route. Since the adoption of the Burton Station SGA Plan, some of the principal assumptions that guided the development of the Plan have changed: 1. The City of Norfolk announced it would no longer operate the Lake Wright Golf Course. Subsequently, plans for a 350,000 square foot outlet mall were announced. The outlet mall will be located in an area where the SGA Plan called for new office buildings overlooking the golf course in this area. 2. The Airport Authority has initiated a process to evaluate a new parallel runway as an alternative to a cross -runway, which, if approved, could remove some of the easement restrictions that currently hinder the development of the portion of the SGA northwest of the Village. 3. Many of the homeowners of the 31 homes existing when the Burton Station SGA Plan was adopted have since sold their property and moved, leaving just 19 of these homes currently occupied and in place. Staff concludes. based on the findings presented in this report that, pursuant to the provisions of Virginia Code Section 15.2-2232 the proposed public facility, designated as the "Lake Wright Boulevard Roadway Concept' on the plans submitted by the applicant is not in accord with the Comprehensive Plan in all of its parts, including those adopted by reference. Furthermore, based on the three changes to the foundational assumptions that guided the development of the Burton Station SGA Plan, particularly the extensive changes in circumstances affecting future land use throughout the western half of the area Burton Station SGA, Staff recommends that the Burton Station SGA Plan be reviewed through a public process to assess modifications to the Plan that may need revision. The Burton Station SGA Plan was SIMON ACQUISITION II, LLC Agenda Item 6 Page 7 s adopted by the City Council on January 27, 2009, and approximately 11 months after that adoption the current Comprehensive Plan was adopted on December 8, 2009. Just as the Comprehensive Plan is currently being reviewed, consistent with the five-year cycle required by the Virginia Code, a similar review of the Burton Station SGA Plan is in order, particularly considering it has been more than five years since its adoption by the City Council. Such review of the Burton Station SGA Plan at this time will be especially timely since the results of a current transportation modeling effort will soon be presented to the City of Virginia Beach. Those results and the associated model will allow a comprehensive approach to address future land use and traffic circulation in this area. Until a public process for review of the Burton Station SGA Plan occurs, changes to the roadway network or land use recommended by the Plan should not be permitted, as any such change is not in accord with the Comprehensive Plan. SIMON ACQUISITION Ii, LLC Agenda Item 6 : y+ Page 8` w I II VIRGINIA CODE SECTIONS 15.2-2232 (B - F) B. The commission shall coninumicate its findings to the governing body. indicating its approval or disapproval with written reasons therefor. The governing body may oven -tile the action of the commission by a vote of a majority of its membership. Failure of the commission to act within 60 days of a submission, unless the time is extended by the governing body. shall be deemed approval. The owner or owners or thein agents may appeal the decision of the commission to the governing body within 10 days after the decision of the commission. The appeal shall be by written petition to the governing body setting forth the reasons for the appeal. The appeal shall be heard and deternuned within 60 days from its filing. A majority vote of the governing body shall overrule the commission. C. Widening, narrowing, extension. enlargement, vacation or change of use of streets or public areas shall likewise be submitted for approval. but paving. repair, reconstruction. improvement, drainage or similar work and normal service extensions of public utilities or public service corporations shall not require approval unless such work involves a change in location or extent of a street or public area. D. Any public area, facility or use as set forth in subsection A which is identified within, but not the entire subject of a submission umder either § 15.2-2258 for subdivision or subdivision A 8 of § 15.2-2286 for development or both may be deemed a feature already shown on the adopted master plan, and, therefore, excepted fiom the requirement for submittal to and approval by the commission or the governing body: provided, that the governing body has by ordinance or resolution defined standards governing the construction. establishment or authorization of such public area, facility or use or has approved it through acceptance of a proffer made pursuant to § 1. -2-2303. E. Approval and funding of a public telecommunications facility on or before July 1. 2012, by the Virginia Public Broadcasting Board pursuant to Article 12 (§ 2.2-2426 et seq.) of Chapter 24 of Title 2.2 or after July 1, 2012, by the Board of Education pursuant to § 22.1-20.1 shall be deemed to satisfy the requirements of this section and local zoning ordinances with respect to such facility with the exception of television and radio towers and structures not necessary to house electronic apparatus. The exemption provided for in this subsection shall not apply to facilities existing or approved by the Virginia Public Telecommunications Board prior to July 1, 1990. The Board of Education shall notify the governing body of the locality in advance of any meeting where approval of any such facility shall be acted upon. F. On any application for a telecommunications facility, the commission's decision shall comply with the requirements of the Federal Telecon iniunications Act of 1996. Failure of the commission to act on any such application for a telecommunications facility under subsection A submitted on or after July 1, 1998, within 90 days of such submission shall be deemed approval of the application by the commission unless the governing body has authorized an extension of time for consideration or the applicant has agreed to an extension of time. The governing body may extend the time required for action by the local commission by no more than 60 additional days. If the connrnission has not acted on the application by the end of the extension, or by the end of such longer period as may be agreed to by the applicant, the application is deemed approved by the commission. SIMON ACQUISITION II, LLC Agenda Item 6 Page 9 AERIAL OF SITE LOCATION SIMON ACQUISITION II, LLC Agenda Item 6 Page 10 PROPOSED ROADWAY FACILITY SIMON ACQUISITION II, LLC Agenda Item 6 Page 11 ILLER STORE RD _ OUTLET? ZONED 1i MALL GRAPHIC SCALE W FEET 73 15t1 J00 Public Right -of -Way Private Roadway N THAMPTON BLVD PROPOSED ROADWAY FACILITY SIMON ACQUISITION II, LLC Agenda Item 6 Page 12 RAN an PROP09RD 4 LANs DIVIDED ROAD SECTIONPROPORED 18111'BUFFER HARD RAM PROPOSEo ROAD SECTION TYPICALSECTION A -A - 90' R.O.NI.UPATH TFUSH RAN TYPICAL SECTION B -B Existing RMI • s gXfi- Lvw ZC • TYPICAL SECTION C -C RAN PROPOSED ROAD SECTION R x as caa TYPICAL SECTION D40 CROSS-SECTIONS OF PROPOSED ROADWAY SIMON ACQUISITION II, LLC Agenda Item 6 Page 13 BURTON STATION SGA MASTER PLAN SIMONACQUISITION ||,LLC Agenda Item B Page 14 §[« BURTON STATION SGA MASTER PLAN SIMONACQUISITION ||,LLC Agenda Item B Page 14 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) Simon Acquisition II, L.L.C., a Delaware limited liability company; See Attachment 1 and Attachment 2 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) Economic Development Authority of the City of Norfolk, Virginia 2. List all businesses that have a parent -subsidiary' or affiliated business entityz relationship with the applicant: (Attach list if necessary) ❑ Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. ' & 2 See next page for footnotes DISCLOSURE STATEMENT SIMON ACQUISITION II, LLC Agenda Item 6 Page 15 Attachment I LIST OF OFFICERS Authorized to execute Applications and related Agreements on behalf of Simon Acquisition II, L.L.C., a Delaware L.I,.C- Name Tile David Simon Chairman ofthe Board Stephen Yalof Chief Executive Officer Main Silvestri Executive Vice President - Chief Operating Officer Richard N. Lewis Vice President Richard S. Sokolov Vice President Stephen E. Sterrett Vice President John Rulli Vice President Danielle DeVita Vice President Mikael Thygesen Vice President Matthew Bioas Vice President Andrew Juster Treasurer James M. Barkley Secretary Daryl E. Gugig Assistant Secretary Steven E. Five] Assistant Secretary DISCLOSURE STATEMENT SIMON ACQUISITION II, LLC Agenda Item 6 Page 16 Attachment 1 Simon Property Group, Inc., a Delaware corporation the General Partner of Sit on ProDerl y GrouU L.P. , Executive officers a De aware limited pa f.nership David Simon Chairman and Chief Executive Office - Richard S. Sokolov Director, President an d Chief Operating Officer James M. Barkley Secretary and General Counsel Stephen E. Sterrett Senior Executive Vice President and Chief Financial Officer John Rulli Chief Operating Officer of Malls & Chief Administrative Officer Andrew Jus -ter Executive Vice President and Treasurer Steven E.Fivel Assistant General Counsel and Assistant Secretary DISCLOSURE STATEMENT SIMON ACQUISITION II, LLC Agenda Item 6 Page 17 Attachment 2 Simon :acquisition II, LLC' Purpose: Acquisvion entity Dom. Junsdiction: Delaware Date of Forvuation: June 17. 200: _entity \umber: Simon Acquisition II, LLC a Delaware limited liability company Simon Acquisition Holdings II. LLC a Delaware limited liability company 100% member Simon Property Group. L. P , a Delaware limited partnership 10010 member Simon Property Group. Luc.. a /—, tside Liuite�l Delaware corporation partners general partner DISCLOSURE STATEMENT SIMON ACQUISITION II, LLC Agenda Item 6 Page 18 ADDITIONAL DISCLOSURES List all known contractors or businesses that have orwill 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) Kimley Horn (Civil Engineer) Randy Royal, P.E. Wilcox & Savage, P.C. - Thomas G. Johnson, Jr., Esq. S.L. Nusbaum Realty Co. - Miles B. Leon Sykes, Bourdon, Ahern & Levy, P.C. - R. Edward Bourd ' "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 entitles. 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 Government Conflict of Interests Act, V. CERTIFICATION: i certify that the information contained herein is trite and accurate, I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, l am responsible for obtaining and posting the required sign on the subject propertyat least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subjectproperty by employees of the Department of Planning to 4ca raph and view the site for purposes of processing and evaluating this application. nes Signature Print Name Property Owner's Signature (if different than applicant) Print Name Appficallon for VC 15.2-2232 Review Page s of o Revised 1010WOU .RECEIVED SIMON ACQUISITION II, LLC Agenda Item 6 Page 19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 RESOLUTION RE APPLICATION OF SIMON ACQUISITION II, LLC FOR COMPREHENSIVE PLAN CONSISTENCY REVIEW PURSUANT TO VIRGINIA CODE SECTION 15.2-2232 WHEREAS, Simon Acquisition II, LLC (the "Applicant") has made application to the Planning Commission pursuant to Virginia Code Section 15.2-2232 for a determination that a proposed roadway within the City of Virginia Beach serving as the primary access point to a proposed 350,000 square foot retail development located within the City of Norfolk is substantially in accord with the adopted Comprehensive Plan or part thereof; and WHEREAS, the Planning Commission held a public hearing, after giving proper notice thereof pursuant to Virginia Code Section 15.2-2204, on March 11, 2015; and WHEREAS, having given mature consideration to the matter; BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF VIRGINIA BEACH: That it hereby determines, for the reasons stated during the public hearing, that the proposed roadway is substantially in accord with the City's Comprehensive Plan or part thereof. A true copy the verbatim transcript of the public hearing is hereto attached and made a part hereof. BE IT FURTHER RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF VIRGINIA BEACH: That the Planning Commission recommends to the City Council that the Burton Station Strategic Growth Area Plan be reviewed to determine whether revisions to the Plan are warranted in light of changes to the area that have occurred or have been proposed since the adoption of the Plan in January 2009. 3.11-15 Date 1 VIRGINIA BEACH PLANNING COMMISSION March 11, 2015 12:57 p.m. FORMAL SESSION PUBLIC HEARING SIMON ACQUISITION II, LLC Philip L. Russo, Jr. E. Ross Brockwell Jan Rucinski Dr. Karen B. Kwasny Jack Wall Michael A. Inman Dee Oliver David Weiner Jeff Hodgson Ronald C. Ripley Robert Bob Thornton VERBATIM PLANNING COMMISSION At -Large Bayside - District 4 Centerville - District 1 Princess Anne - District 7 Rose Hall - District 3 At -Large At -Large Kempsville - District 2 Beach - District 6 At -Large Lynnhaven - District 5 SARAH DEAL JENKINS, MMC DEPUTY CITY CLERK, II 2 CITY ATTORNEY MACALI: This is the Application of Simon Acquisition II, LLC, for a Comprehensive Plan Consistency Review pursuant to Virginia Code Section 15.2-2232. And I think the best explanation I could give would be simply to read the pertinent portions of that Statute, which says: "Unless a feature is already shown on the Adopted Master Plan or part thereof," that's simply a reference to the Comprehensive Plan, "no street or connection to an existing street shall be constructed, established, or authorized unless and until the general location or approximate location, character, and extent thereof has been submitted to and approved by the Commission as being substantially in accord with the adopted Comprehensive Plan or part thereof." The Commission will hear a lot about the Burton Station SGA Plan, which is clearly beyond argument a portion of the Comprehensive Plan. So, what is before the Commission is that it must make a determination of whether the general location or approximate location, character, and extent of the proposed roadway, which would provide access to the retail development which is contemplated, is substantially in accord with the adopted Comprehensive Plan, including the Burton Station SGA. It's important to note that this matter is not a determination of whether the retail use should be built, may be built, or anything else. That's beyond the authority of the Commission to determine. It's also not a case in which the Commission determines what access is the most efficacious, which is the best access for the proposed retail use, the Simon Mall. It is simply a determination of whether the access road that is proposed by the applicant is in substantial accord with the Adopted Comprehensive Plan. With that, I will leave it open for questions as to anybody's understanding of what the Commission is here for. CHAIRMAN HODGSON: Any questions for Mr. Macali before we hear from the Applicant? Thank you. Mr. Russo? COMMISSIONER RUSSO: The first speaker is Scott Richardson. CHAIRMAN HODGSON: Good afternoon. SCOTT RICHARDSON: Good afternoon. Scott Richardson of the Simon Property Group. Today, we're here before you seeking a recommendation to approve a new road to serve an exciting retail development that we 3 believe will be a great amenity to the entire region. Simon prides itself on being a good community neighbor, which is why we've spent countless hours meeting with City Staff, neighborhood groups, and our consultants, to provide the best access to the project, which is Lake Wright Boulevard. The project will be a 90 store, 350,000 -square -foot premium outlet center adjacent to Lake Wright and will create approximately 500 construction jobs and eventually 800 full-time and part-time retail jobs. The center will be a mix of product categories typically found at Simon Premium Outlets across the country, including apparel and shoes, accessories, leather goods, home furnishings, and specialty items. There's actually been so much demand for this product in this region that even though we only have 90 stores on the docket, we have commitments from retailers to more than fill the project as we speak right now. There will also be a dining pavilion with multiple dining options that will have a very nice outdoor seating area on a patio directly adjacent to the lake, so it will be a great atmosphere. One extremely unique amenity that we have at this location with the lake is that there will be a 10 -acre public park created all the way around the lake and will feature walking trails, places to stop and sit, places to walk your dogs, and most importantly it's open to the public. One might ask, what is a premium outlet center as opposed to the perception of the traditional outlet mall? The short answer without getting into a bunch of detail, it's a higher level of construction materials, a better environment created similar to an outdoor mall or an outlet center with lush landscaping, seating areas, places to congregate. With 84 premium outlet centers, both domestic and international, Simon has a proven track record of delivering projects that both immediately become a regional draw, bolster tourism, and become a catalyst for additional development within the region. In summary, I'd like to thank you for your time, and I'm hopeful that you will see that Lake Wright Boulevard is clearly the best option for access to the premium outlet mall as compared to Wesleyan Drive. CHAIRMAN HODGSON: Thank you, Mr. Richardson. Are there any questions? Thank you. COMMISSIONER RUSSO: Mr. Bourdon, you were second in the order here. 4 EDWARD BOURDON: Yes. I wanted to let Scott kick this off. For the record, Eddie Bourdon, Virginia Beach attorney, representing Simon on this application. With me today is also Mr. Bill Cashman, our traffic engineer with URS, it's now AECOM, who has done two extensive traffic studies associated with the development of the former Lake Wright Golf Course property and adjoining areas in the SGA to the east, as well as he's provided a six-page summary report provided to each of you in the packages I delivered to you all over the last week. Also with me is Mr. Randy Royal with Kimley-Horn, who is the civil engineer on the Premium Outlets Mall project. These gentlemen are here in case you all have any questions that I'm not able to answer, which is quite likely. We certainly look forward to having the opportunity to answer some of the questions I heard this morning in the Informal. This is a first for all of us, a Comprehensive Plan Consistency Review Hearing for a Proposed Roadway, which we are calling Lake Wright Boulevard. This is not a zoning change or a conditional use permit application. It is a Comprehensive Plan Consistency Review of a proposed shift in a roadway alignment shown in the Comprehensive Land Use Plan, the general guide of development, a strategic long-term vision. It's not a change in zoning on a piece of property. I'd like to start by briefly reviewing the Comprehensive Plan's guidance for this corridor, which is contained in what we all commonly refer to as the Burton Station Strategic Growth Area Plan. That's from I-64 on the west to Diamond Springs Road on the east, Northampton Boulevard on the south to the airport on the north. That plan contains and envisions this kind of growth, 719 square feet of new retail and restaurant space in that area, 424 new apartments, senior and single-family residences, 150 new hotel rooms, 7,800,000 square -feet of new office, commercial, and flex space, and 12,000 square -feet of new institutional space in that area. The SGA Plan depicts 1,042,000 square feet of new office space and 360 new apartments on the former Lake Wright Golf Course property, alone, with four- to five -story office towers and parking garages and a similar -sized apartment building and parking garage adjacent to Northampton Boulevard along 1,000 feet of road frontage of the former golf course property. I provided you with Page 17 of the SGA Plan. That is the "streets diagram or streets framework", as it is called. This is the infrastructure for the envisioned growth in the SGA Plan which has been on the books for about six years, and that's what I just outlined, that growth plan. 5 The only south and north roadway connection between Northampton Boulevard and Miller Store Road which exists today is Burton Station Road. The plan appropriately recommends eliminating that connection by turning Burton Station Road into a cul-de-sac to protect the residential village from pass-through and cut -through traffic. The streets diagram depicts the new north -south corridor via an extension of Wesleyan Drive from Northampton Boulevard north along the City line to Miller Store Road in order to, quote, this is what the plan says, "create a transportation corridor linking the airport, new offices, existing industry, and port". Based on the information compiled and thoroughly analyzed by our traffic engineers with the two traffic studies that they have done in connection with planning for the premium outlets development, we're here today simply proposing to construct a relocated south to north roadway connection which simply commences 1,000 feet to the east of Wesleyan Drive and which will and can extend all the way north to Miller Store Road. As we have proposed, if I could take a second to go over some of this, we proposed to develop this road, dedicate and develop this road, but where we've come into an issue is Miller Store Road. As you heard this morning, the only way to get across the train tracks to Miller Store Road is with Burton Station Road, so we proposed to develop with a roadway coming here and going up here. If the City of Virginia Beach is desirous of moving this and can, I don't know about how these lots work out. Simon will control all this property. We're perfectly, perfectly, willing to dedicate, reserve for dedication, the right-of-way running exactly along where it's shown on the Comp Plan for Wesleyan Drive, bring it right through here and bring it right up or anywhere in-between to Miller Store Road. But we don't have the ability to control the movement of the grade crossing; that's Virginia Beach Public Right -of -Way. It is not ours. We've never had any aversion to reserving or dedicating it, if they're going to move the right-of-way, the railroad crossing over, get the railroad's consent, to the road going straight up here; not a problem. Never has been. We showed it connecting the only way that we have the ability to make it happen on our own, and that is to build a road over to Burton Station Road and come up, and the City can cul-de-sac it down here, but we're not wedded to that and never have been. It hasn't been a source of any conversation that anyone with the City has discussed with me. The other thing I want to correct that's in your recommendation that somehow the Outlet Mall on the 50 acres in D Norfolk precludes Wesleyan Drive being built as it exists in the Comp Plan, that simply is not true, either. We're perfectly willing to do Wesleyan Drive as shown in the Comp Plan if the City will approve it. But we know that that road to get up to Miller Store versus this road to get up to Miller Store performs far, far, more poorly than Wesleyan Drive, and that's why we are here. But we are not here telling you -- we've shown that we can build the road in Norfolk, because that's what we may have to do if the City of Virginia Beach will not allow us to do either Lake Wright Boulevard or Wesleyan Drive as it is shown in your Comprehensive Plan. We have no objection to doing the latter other than the fact it won't work nearly as well, and that's what the information I've provided you clearly shows. I think everyone is aware of the dual lefts and the green 'T' and all of the improvements that will occur with this, and we are not eliminating the Wesleyan connection, either. But we are eliminating the left turn lanes here, the left turn movement here, and we also would be eliminating the exit movement from the property other than right out. All the exits would come to here. All that does is create tremendous additional traffic capacity. The green segments for both directions on Northampton Boulevard are longer and get more traffic through here, and that's what the traffic study clearly, clearly, indicates. We propose this alignment shift simply to add substantial capacity to move traffic through the Northampton Boulevard corridor to support any and all new development in this corridor. Simon will construct Wesleyan Drive Extended, if that's what the City wants. It doesn't cost the City anything. They'll build the better road, the Lake Wright Boulevard, four -lane road, again, at no expense to the City of Virginia Beach, and reserve at no cost the right-of-way all the way to Miller Store when and if the City wants to move that grade crossing over and extend the road up or do it right now, we'll do it right now. I don't think that's something that the City has planned right now. But understand that as is shown on Table Number 3 on Page 5 of Mr. Cashman's report that you all should have a copy of, if we develop Lake Wright Boulevard as the north -south connector, and all we're doing is changing where it starts on Northampton, the entire Lake Wright property develops, and it all develops, along with about 100 acres east of the Lake Wright property in the SGA. The level of service at the intersection of Northampton Boulevard and Wesleyan Drive will be better with all of that development, all of that development, in the a.m. peak hour than it is today, today, 7 with no additional development. Nothing is contemplated in the Comprehensive Plan. And the same level of service in the peak p.m. hour, because the retail doesn't produce any a.m. peak hour traffic, and a.m. peak hour traffic is by far the worst traffic on Northampton Boulevard. Any new development contemplated in the SGA Plan using Wesleyan Drive as the north -south connector will diminish the capacity of the corridor and diminish the ability to redevelop the remainder of the SGA. Now, I want to take one second to address two statements in your staff report. On Page 2, the last sentence of the second paragraph, it states, "It is critical that infrastructure improvements and public features not envisioned by the Comp Plan also be critically evaluated to ensure the appropriateness and consistency of those features with the Plan." Think for a minute about what constitutes critical evaluation of a proposed roadway and infrastructure improvement as you think about and look at the language at the bottom of Page 4 of the report, which says, "Regardless of the above, it is vital to understand that the purpose of this Comprehensive Plan Consistency Review is not to determine what transportation improvements might best serve existing and planned development. The purpose of the CPC Review is only to determine if the proposed roadway is consistent with the currently adopted Plan." Aren't you being advised as part of a critical evaluation of what is in a Comprehensive Plan, not a zoning, which is necessary for the proposed roadway, that critical evaluation is necessary, that that should not consider whether Lake Wright Boulevard will better serve existing and planned SGA development than will Wesleyan Drive? How else does one evaluate the appropriateness of a roadway or roadway network as it relates to a Comprehensive Plan if not by reviewing how it better serves existing and planned development in that SGA whether it adds capacity to the existing roadway or the roadway system? If you look at Table 2, actually the last table, it shows you what happens if we use Wesleyan Drive as the arterial as shown in the Comprehensive Plan for any development, whether it's development of this, or, even worse, if it's in the SGA Plan's development how it will not work. So, all we're doing is attempting to save ourselves from a roadway that's in a plan that was put there without the benefit of any traffic study whatsoever by building the road in a better location. It won't be the different location on the north, but it will start at a different location on the south. A We respectfully request that you don't limit your critical evaluation to simply is this Lake Wright Boulevard really Wesleyan Drive by another name. It is not Wesleyan Drive. It's moved, but it does what the Comp Plan seeks to do. I provided you with letters of support from the Chamber, from fifteen residents and property owners in Burton Station, as well as some other information that I hope you all have had an opportunity to review. But the purpose here is this regional amenity that Scott spoke of is coming, and we would certainly not want it to be said that we didn't make every effort to put in place the best roadway system that we could to serve that development. If it's this road, if it's Wesleyan Drive Extended, or it's building it on the opposite side of the City line, it's the same line. We're talking a foot one way or the other, any of those three can happen. We just simply think it makes all the sense in the world to build it in the right place. I'd be happy to answer any questions. CHAIRMAN HODGSON: Thank you, Mr. Bourdon. Any questions for Mr. Bourdon? EDWARD BOURDON: Thank you. CHAIRMAN HODGSON: Thank you. Please, call the next speaker? COMMISSIONER RUSSO: Our next speaker is Shep Miller. SHEP MILLER: Thank you, Mr. Chairman. My name is Shep Miller. I'm a resident of the City of Norfolk and a Virginia Beach business owner who's built three businesses here in Virginia Beach over the last ten years, ten or fifteen years or so. I don't come at the request of anybody. I didn't coordinate my comments with anybody. I have no financial interest in this project. Like you, I've served my community to a great degree. I chaired the Redevelopment and Housing Authority in the City of Norfolk for a number of years. I chaired their Economic Development Authority for a number of years. I served the City of Virginia Beach and Hampton Roads as a member of the Commonwealth Transportation Board for four years, and on and on and on. Really, what I came here to say to y'all today is, regions are going to win in this economy. Regions are going to win in the United States. Cities aren't winning. Regions are winning. This is a classic case of a project between two cities that need to collaborate and need to win for everybody. My view is FJ this project is coming. My view is this project is good for the City of Virginia Beach. It's good for the City of Norfolk. It's good for the Hampton Roads or Coastal Virginia Region, and it's coming. So, regardless of sort of the technicalities of what y'all can do and what you can't do, the bottom line is how do we best serve, in your case, the citizens of Virginia Beach? And it's my view that what the Planning Commission ought to seek to do and what the City Council ought to seek to do is to make the best plan that they can given that this development is going to come. In my view, that is what's been proposed by the developer. I'm not an expert on this plan, but I've looked at it and I've followed it in the press. And it would be a crime in my view to have this development proceed, to have this Premium Outlet Mall developed, and to make more of a mess of the intersection that we have or the traffic that we have at Northampton Boulevard and the interstate. I drive by that twice a day every day or at least five or six days a week. I see it. I experience it. And I've spent a lot of time looking at it as a member of the Transportation Board. So, I just urge you to look at this as something that's going to happen. How do we make it the best for the City of Virginia Beach? We're all going to win if we do it right. And if we don't do it right the citizens and the people who use that part of the City are going to lose. I appreciate the opportunity to speak before you, and I appreciate your service. CHAIRMAN HODGSON: Thank you, Mr. Miller. Any questions? Thank you very much. COMMISSIONER RUSSO: Mr. Chairman, our next speaker is Billy Greer. CHAIRMAN HODGSON: Good afternoon. BILLY GREER: Good afternoon. My name is Billy Greer, Mr. Chairman, and I work at Virginia Wesleyan College and I've worked there for about the last twenty -two -and -a -half years. I don't believe I understand all of the legal jargon and verbiage that I've been hearing in these presentations today, but I do understand safety, and I worry about and I'm concerned about the safety of my 1,400 students who sometimes I feel are driving two automobiles. And I worry about the safety of my north of 300 employees and all of the coming and going and coming and going that takes place at the college. I have friends all over this room on both sides of this issue and I hope when I sit down they'll all still be my friends. I 10 just encourage us all to look at the data, listen to the professionals, and make the right decision about this issue. Thank you very much for allowing me to come today. CHAIRMAN HODGSON: Thank you, Mr. Greer. Any questions? Thank you very much. COMMISSIONER RUSSO: Our next speaker is Dennis Manning. CHAIRMAN HODGSON: Good afternoon. DENNIS MANNING: Good afternoon. I'm Dennis Manning, Headmaster at Norfolk Academy, my fourteenth year there, and live on the campus as I have for fourteen years. I'm joined today by two colleagues, John Gibson, who's a member of our Board of Trustees, and Jeff Martin, who is our Business Manager. I appreciate your time and service and the opportunity to speak to you in a similar vein as President Greer shared with you. And the responsibility and care and wellbeing of 1,200 children, that's really the spirit in which I come before you this afternoon. Norfolk Academy has been an integral part of Hampton Roads for almost 300 years. Next year, we will, in fact, celebrate our 50th Anniversary at our current site at Northampton Boulevard and Wesleyan Drive. In 1966, the Board of Trustees in a strategic decision relocated the school from the Wards Corner neighborhood in Norfolk to the Virginia Beach City property line, positioning the school not only to continue to draw its traditional base of students and families but also to anticipate and capitalize on Virginia Beach's projected growth. We've enjoyed the benefits of this growth, but it has not come without drawbacks and challenges, the chief one being what we consider today, and that's traffic and safety issues related to the Northampton corridor. The student body of over 1,200, the school has substantial numbers of students, teachers, staff, parents, guests, traveling to and from campus most days of the year. Their safety is of paramount importance to us. We believe the infrastructure in the vicinity of our intersection, which is currently rated at a level of service Grade D, at worst puts members of our community at risk and at best creates substantial delays during times of peak traffic. We're here today to advocate strongly for the proposed construction of Lake Wright Boulevard. To our knowledge, every recent traffic study, including one we commissioned with Dewberry and Associates, supports the construction of Lake 11 Wright Boulevard or a similar connector in order to relieve current congestion and to support future development. The relief provided by such a connector would benefit all of our neighbors, including Virginia Wesleyan College, the many businesses between Wesleyan and Shore Drives, residents of L and J Gardens, and Burton Station, as well as travelers heading to and from the Chesapeake Bay Bridge Tunnel. Our hope and request is that you determine that Lake Wright Boulevard is an infrastructure improvement necessary for both current relief and future development but also promotes and abets safety for 1,200 children. I can't make that appeal more fervently to you and share with you the burden, the awesome responsibility that falls to me for that care and protection. Your yes vote will help prevent further degradation of our intersection to Service Level F and will provide a workable solution for our community in the near and mid-term future. Thank you very much for your time and attention. CHAIRMAN HODGSON: Thank you, Mr. Manning. Any questions? Thank you. You may be seated. COMMISSIONER RUSSO: Our next speaker is Bill Cashman. EDWARD BOURDON: Questions, only. Just questions. COMMISSIONER RUSSO: Okay. And same for Randy Royal? EDWARD BOURDON: That's correct. CHAIRMAN HODGSON: Does anybody have any questions for Mr. Royal or Mr. Cashman? COMMISSIONER RUSSO: And Mr. Cashman is with URS, and Mr. Royal is with Kimley-Horn and Associates. CHAIRMAN HODGSON: Mr. Cashman, good afternoon. BILL CASHMAN: Good afternoon, Mr. Chairman, Member of the Commission. I'm Bill Cashman of AECOM, formerly URS Corporation. I'm here today on behalf of the City of Norfolk. VICE -CHAIR THORNTON: Thank you. My question has to do with the grade crossing. It appeared we're being asked to charge this road or weigh this road against the plan that's in place now. The plan, the SGA 12 Plan, the Burton Station Plan, assumes that there's going to be a road from Northampton through the property and ends up on Miller Store Road with a grade crossing there. We also have been told that unless the grade crossing at Burton Station, which is per this plan subject to be taken out, is moved, it's going to be difficult to get a grade crossing there. And you may not have processed this enough, but at some point, would you all consider for your project a grade crossing there? Do you see a need for that grade crossing there? BILL CASHMAN: I'll have to defer to, I believe it would be, Mr. Royal, because we were not involved in the analysis or discussions of the grade crossing issue. RANDY ROYAL: For the record, Randy Royal, Kimley-Horn and Associates. An additional grade crossing would not be approved by the railroads. You would have to eliminate one to get a new one approved. Would it be needed for this project? No, we've got crossings at the back at Commander Corporate Center entrance. So, there's actually two crossings back there now that we have access to; Pritchard Road, which is right about there, and then right here is an existing crossing for Commander Corporate Center. Burton Station is over here somewhere. So, again, something would have to be eliminated to put another crossing in. A railroad absolutely is not going to get new crossings. CHAIRMAN HODGSON: Any other questions? COMMISSIONER BROCKWELL: Yes, I'd like to follow up to that. Mr. Bourdon earlier said that they will and can extend to Miller Store should Burton Station be disconnected. So, I guess, my question is it's clear that you wouldn't be able to if Burton Station was not discontinued, but if it was that could easily be part of this project; is that my understanding? EDWARD BOURDON: If the City of Virginia Beach were to close Burton Station Road at Miller Store and the Railroad company was willing to allow that grade crossing to be relocated into this area here anywhere between here and here, which Simon will own, then that can certainly happen with this project. If that's something that's not going to be able to happen in the near term, then we can put a reservation of the right-of-way for zero cost to the City if and when they should choose to close that section of Burton Station Road and that grade crossing will be moved. We don't have any control. The City of Virginia Beach controls that 13 grade crossing. It's in their right-of-way, so we don't have any ability to effectuate that occurring. If the City wanted to have that occur now, then we certainly would be willing to do that. But if that's not the case, there may be some complications because of all of the lots that are located there, and I'm not certain who owns them but there are a number of them. It's not a part of the property that Simon is buying. It's not a part of the City of Norfolk property. So, we don't have any ability to tell you point blank, yes, it can happen; that's not within our control. All we have the control over is what we showed, was the ability to get there, which that we can do. That's not the optimum situation, and we certainly don't suggest that it is. Just trying to address as many things put forth in our Comp Plan as we could. COMMISSIONER BROCKWELL: Right. That's part of our analysis in comparison to the Comp Plan. But since this is just a review and there are no conditions attached to it, I'm just trying to think about how we can have some kind of assurance that the intent of the Comp Plan can still be met. EDWARD BOURDON: I don't know what other assurance we can provide. We have made it clear that we have an absolute willingness to provide that north -south connection. We're simply trying -- what we can't control is this. You hit the nail on the head. We don't control that. We certainly can provide right-of-way all the way up to do that at whatever time that should become an option that's available to us. CHAIRMAN HODGSON: Any other questions? Mr. Inman? COMMISSIONER INMAN: I have a question for Mr. Cashman. CHAIRMAN HODGSON: Mr. Cashman? COMMISSIONER INMAN: Mr. Cashman, could you explain to us with a reasonable amount of detail, not going overboard, the basis for why Wesleyan Drive shouldn't be continued on through to connect up to the Outlet Mall? Why do we need to go 1,000 feet down the road? BILL CASHMAN: That's because of the limited capacity that's available at Wesleyan Drive, and the current configuration is effectively a three-way, but there is probably a minimal traffic signal for the movements coming from the north. And it's operating in 14 the a.m. close to and sometimes beyond capacity, a little bit better in the p.m. It has improved considerably since the opening of the improvements associated with Wesleyan Drive. The issue becomes an intersection and a traffic signal, essentially its function is to allocate green time to the approaches so that there's time for the traffic approaching to clear the intersection. You get to a point where the demand from those approaches outstrips the amount of green time that traffic signal can allot. So, when we add the additional traffic and a four-way intersection and the additional traffic from Wesleyan Drive, we find that with the forecasted traffic volumes likely to come either from what's being proposed or what would be developed according even to the current Burton Station Strategic Growth Area Plan that the capacity particularly in the a.m. of Wesleyan Drive would not be sufficient to accommodate the traffic. And then what happens is, as we all know, the vehicle cues start building up and there's some intersections and indeed an interchange that's pretty close, and that's a concern when that happens. So, that's why that intersection taking the additional traffic becomes problematic. The relocation, the benefit of the relocation is that traffic signal at Wesleyan can then function as effectively a three-way and become much more efficient particularly for the heavy through traffic. The access at the proposed Lake Wright and Northampton Boulevard section, there's sufficient capacity there. And by the way, it also becomes a three-way intersection, so, again, more time for the through traffic on the main Northampton movement. But they can be coordinated so that they can operate more efficiently. And from our analysis, it shoes that they can accommodate the traffic. And particularly, I reiterate what Mr. Bourdon said is that the proposed development generates very little traffic in the a.m. peak, and that's the heaviest time and the lowest service level currently at the intersection of Wesleyan and Northampton. COMMISSIONER INMAN: Under the SGA Plan, it shows in that area between Proposed Wesleyan Drive Extended and Lake Wright Boulevard would be office use and apartment use. BILL CASHMAN: Yes. COMMISSIONER INMAN: If that was to go forward and stay on the plan, you were asked to look at the road configuration and how to deal with traffic, would you be making any changes to the concept of Wesleyan Drive going 15 all the way through? BILL CASHMAN: I think, if you had any significant amount of development extended Wesleyan Drive and routed the traffic from Wesleyan, from the proposed uses, like you said, to an Extended Wesleyan Drive, you'd run into the same issue of Wesleyan and Northampton that we've identified here. VICE -CHAIR THORNTON: So, what you're saying is, even if Wesleyan is built, according to the Proposed SGA Plan, all the way to Miller Store, it's just not capable of handling any, you know hundreds of thousands of square feet of office buildings back there and dumping them out onto Northampton Boulevard. BILL CASHMAN: If that's the only and the principal access to Northampton Boulevard, then, yes, our analysis shows the issues with being able to provide satisfactory capacity, the over capacity, essentially, particularly in the a.m., I want to emphasize that heavy a.m. condition at that intersection. VICE -CHAIR THORNTON: Well, is there another -- the only other road that goes back into there is Baker, because Burton Station is going to be terminated and essentially take you back to a residential neighborhood. So, you have Wesleyan Extended on the west and you have Baker on the east, and they are the only two ways to get into this entire SGA; is that correct? BILL CASHMAN: Well, there are some proposed roadway improvements the SGA office and the City are pursuing that potentially could provide another way in. There's one that parallels for a bit Northampton. I think you can see this roadway anticipated in the plan, and I believe the representatives from the City here, and I invite them to correct me if I'm wrong, but I think they are pursuing implementation of that roadway. CHAIRMAN HODGSON: Any other questions for Mr. Cashman? Thank you. Do we have any more speakers or any more questions? COMMISSIONER RUSSO: Mr. Chairman, there's no more speakers on this application. CHAIRMAN HODGSON: Before we close this and open it up for discussion amongst the Commissioners, not to limit the discussion amongst us, but to 16 hopefully correctly paraphrase what Mr. Macali said, we are here to determine whether this new roadway is or is not in substantial accordance with the Adopted Comp Plan; is that correct, Mr. Macali? CITY ATTORNEY MACALI: Yes, sir, that is the language of the Code, and I can certainly read it again, if you wish. CHAIRMAN HODGSON: I think we're ready for discussion. CITY ATTORNEY MACALI: Did anybody, Mr. Chairman, care to hear from Mr. White and our Traffic Engineering people? CHAIRMAN HODGSON: I'm sorry. Yes. I apologize for that. I'm jumping ahead. Dr. White? DR. STEPHEN WHITE: Mr. Chairman, what I would recommend at this point is that you allow Barry Frankenfield from the SGA Office to come up and speak to you about the plan, the roadway system that feeds into the plan. BARRY FRANKENFIELD: Good afternoon. CHAIRMAN HODGSON: Good afternoon. BARRY FRANKENFIELD: Very nice to see you. I'm Barry Frankenfield, for the record, and I am the Director of the Strategic Growth Area Office. Oversimplification, my job is either to develop a plan or implement a plan for the Strategic Growth Areas. And as you can see on this slide, Burton Station was the second one that was done, and it was adopted into the Comprehensive Plan January of 2009. And I never like to miss an opportunity to market the entire SGA Planning process, so in front of you you have the entire eight SGA Site Plans and in your upper left-hand corner is the Burton Station area. So, you see its relationship to Norfolk and Little Creek and other important areas. So, again, all those plans have been completed and they all have been adopted into the Comprehensive Plan. So, we've talked a lot about what's there. This is the existing situation. You have Lake Wright Golf Course. You have Burton Station Road, Northampton Boulevard, and Miller Store Road. Also, a big important feature here is the airport. The SGA Plan has, and I'm going to go into detail on the roads, but the key issues are that the plan proposes a relocation and development of a new golf course or relocation of the golf course using part of the other one. Preservation 17 of the historic neighborhood by improving that area, as well as cul -de -sacking the road so it's not a through road, that's a significant piece of the plan. The airport, when we did this plan, had a cross runway restrictive requirement. That is still in place, but we'll talk a little bit about the possibility that the airport is pursuing a parallel runway. So, if you compare the two, just for your information, that just shows you the comparison. Big difference. Big difference in development. Big difference in roadways systems and how this all works. Just to reiterate, our top priority, I think, and I'll show you that in our Phasing Plan, is to preserve the Burton Station Village. Our first phase of capital improvements, which include water and sewer, road improvements, storm water improvements, street lights, all focus on this neighborhood. We call that Phase 1. In addition, the plan shows a significant level of improvements related to the golf course. So, in other words, it would allow the neighborhood to have use of the golf course, some of the neighborhood uses the golf course, the development along Tolliver Road, the road that Mr. Cashman was alluding to, which is another proposed road that we have in the plan, that's how the golf course district would relate. Significant issue, the golf course has been closed. We have no indication the golf course will be relocated. Major change in the plan, which is what Mr. Brockwell asked me to tell you what the changes were. Just for the record, I want to remind everybody what is the City of Norfolk and what is the City of Virginia Beach. So, everything that is proposed is on land owned by the City of Norfolk in the City of Virginia Beach. Somebody, was it Mr. Bourdon, referenced the street diagram which you have. We didn't plan this, but I happen to have the same diagram. That does show the proposed system, which is a fairly detailed system. And this is where Wesleyan Drive is shown as proposed, a major cut -through between Northampton and Miller Store Road, as well as the future Tolliver Road, which makes some connections but doesn't get all the way through to Miller Store. These are the capital projects, the phasing in capital projects that we have proposed. A major issue is that we have a public utilities sewer pump station plan. We have actually put, I'm going to tell you up front, all of these projects we've put on hold because of the changes in the land use. Now that we know there's a change in land use, we know that the M. water and sewer service are probably going to have to be resized, particularly the sanitary sewer. The roads are on hold primarily because of storm water issues that we have not been able to resolve, but we figure at this point it's a good policy to have, just put everything on hold at this point until we resolve the outstanding issues as far as development. So, with that being said, Phase 1, completely funded, $5 million, water and sewer, road improvements, sidewalks, street lights for the village and for the entrance to Burton Station. Phase 2 is what we call the green road, completely funded for $3,250,000. What we call Phase 3 is Tolliver Road, which is proposed. We are at a 30% design phase on that, and that is funded at $8,250,000. In addition, we have some drainage improvements also funded that deal with some of the issues related to drainage and getting back to Baker Road. Unfunded is what we call Phase 4-B, which is Tolliver Road ting into Wesleyan Drive, and Phase 4, Wesleyan Drive, is not funded. So, that gives you a background on some of the funding. Let's take that plan and now let's put it in a little simpler form. Let's go backward again. What you see there, those roads are the proposed SGA road system. You see Wesleyan Drive, and you see Burton Station Road, closure of the road, and Tolliver Road. So, this is the proposed mall access road, which is exactly as is shown -- well, not exactly. It's kind of close. EDWARD BOURDON: There's none of this. BARRY FRANKENFIELD: Right. That's true. The regional graphic was done when there was a proposal for rezoning, but the road is in the right place. So, then the other roads proposed, the other funded roads, I'm just showing how they work. So, what's changed? The golf course is going away. It's being closed. The Airport Authority is considering a new parallel runway, which would change the restrictions related to the cross runway, which potentially opens up a significant amount of property for development. Only ten homes remain occupied in Burton Station. We are in the process of bringing water and sewer to those homes, but at this time that's just a situation that has changed over time. So, those are the major changes that have happened. And probably the biggest issue is the market has changed or we didn't hit the market right to begin with with the plan, because the amount of office space, retail space and residential proposed in this plan I can guarantee will not get built in my lifetime. It probably wouldn't get built in my lifetime. It is very extensive. It 19 is very visionary. It's a fifty-year plan. So, is it reasonable, that's where you come in to that. Just to go over it one more time, is this road consistent with the plan? I'll let you decide. That is the proposed SGA Plan, and then that is the proposed access road. Do you have any questions for me? CHAIRMAN HODGSON: Any questions? Mr. Weiner? COMMISSIONER WEINER: When this was done at the beginning, was there a traffic study when you did this, was the traffic study done to find out if the cars coming in and out -- BARRY FRANKENFIELD: No, there was not. CHAIRMAN HODGSON: Mr. Brockwell? COMMISSIONER BROCKWELL: The intersection of Tolliver where it would cross the proposed road? BARRY FRANKENFIELD: I wasn't aware that the railroad is not going to let us cross. We have already entered into discussions with the railroad. We have also agreed to pay for level design for their services to evaluate it. So, we have been working with the railroad. Now, whether it's true or not that they're going to tell us no, I honestly don't know, but we have actually started discussions with Norfolk Southern. COMMISSIONER BROCKWELL: About taking Tolliver across? BARRY FRANKENFIELD: Yes. COMMISSIONER BROCKWELL: So, this proposed road would connect to that. And then the second question related is do you see an impact on the Village, that road there, the way the proposed road would come there? BARRY FRANKENFIELD: That's a good question. The land use may, and we're not talking about land uses, but the buffer is about 100 feet. The Village is not touched. So, I would say it's minimal. CHAIRMAN HODGSON: Any other questions? COMMISSIONER THORNTON: I've got one. Barry, what we're being asked today to do is to look at the plan and look at this road and determine if the road is counter to the intent of the plan. When I look at the plan, I look at things like when you all put this plan together, was there an agreement between the City of Norfolk and the City of Virginia Beach to do anything with the golf course? Was there any kind of a plan to punch through all the way over to Miller Store, or were those just things that the consultant stuck on the plan because they looked like a good idea? How did the plan get approved if there wasn't any real chance of it happening, is my question? BARRY FRANKENFIELD: Those are good questions. My understanding was the City of Norfolk Planning Director, Economic Development Director, and Planners were involved in these discussions. But it has been made clear to me that the City of Norfolk Planning Department, Economic Development Authority, or City Council has never taken an action on this plan. COMMISSIONER THORNTON: Yet we have it as a guide that we've got to use. BARRY FRANKENFIELD: Right, right. COMMISSIONER THORNTON: Thank you. CHAIRMAN HODGSON: Any other questions? Thank you, sir. Dr. White, did you also want to speak? DR. STEPHEN WHITE: I'll take questions, but I think everybody has pretty much covered it, based on what you heard this morning. I think Mr. Frankenfield did a fairly good job of explaining the SGA Plan and the roadway. CHAIRMAN HODGSON: Any questions for Dr. White? Mr. Bourdon? EDWARD BOURDON: I'll just say one quick thing. I'll just reiterate because we have this nice map that you've got the letters of support, the letter of support from the fifteen residents, property owners in Burton Station. We had no opposition from the folks who own the properties and live in the Village to what's proposed. We met with them, worked with them, have had a great cooperative relationship. This road, as I said earlier, we have no aversion to bringing it up to Miller Store. As I said earlier, we just can not get across the railroad tracks, and I would suggest if Barry can 41 sweet talk the railroad into letting them have another crossing that doesn't exist today, he's a better man than the rest of us. We're not in any way suggesting that we will not do that. We've shown what we've shown because that's the only way we have the ability to get you across Miller Store Road. But this road we're proposing is the same road once it gets here to what's in your Comprehensive Plan, and we are amenable to reserving it, or if grade crossing can be shifted, doing it. CHAIRMAN HODGSON: Any last questions for Mr. Bourdon before we close the Public Hearing? Thank you, sir. We'll now close it and open it up for discussion amongst the Commissioners. COMMISSIONER INMAN: I'll venture forth. CHAIRMAN HODGSON: Mr. Inman? COMMISSIONER INMAN: It seems like we have a rather daunting task before us today because we're doing something that's very novel. It's a very narrow legal issue as set forth in the Code Section, all centered around the word "substantially". We're all here to decide what is substantial with regard to a change that's being proposed because the words in the Statute, Virginia Code, say that you can't have a street or connection to an existing street constructed, established or authorized, unless general location or approximate location, character, and extent, thereof, has been submitted to and approved by the Commission as being substantially in accord with the Adopted Comprehensive Plan or part, thereof. Again, "substantially"; what is substantially? Factually, we have the big challenge that we're looking at, our Comprehensive or a portion of our Comprehensive Plan which is outdated by the course of events that have occurred and were beyond the control of our City or property owners, the City of Norfolk, decided to close the golf course and sell the property. Wow, big change. It necessitates, and I think in our discussions this morning we had lots of information presented to us by every interested party and good discussions about it, it's clear that we are now in the middle of our five-year review of our Comprehensive Plan, and this is going to be a big part of our analysis of what's to become of the SGA Plan for Burton Station in light of all of these changes. Then along comes this proposed new road proposal in connection with the mall development. How is it going to impact the plan? What does this road accomplish that's different or is 22 it the same as Wesleyan Drive being extended? That's why I asked the question of Mr. Cashman, what do we do even if the mall wasn't coming but the plan was to carry out the commercial development that would occur and was planned to occur, which currently includes office buildings and apartments, along with the Village that's going to be over there to the north and all the other changes and new development in Burton Station. Basically, the answer is pretty much the same concept would apply, if you need to get that road moved away from and end up with these three-way intersections. So, again, I'm trying not to stray away from what's substantial, and so we're moving this road 1,000 feet to the east and it's going to be a bigger road. It's going to have some additional features to it that are pretty special from what we learned, the dedicated turn lanes and how it's going to favorable impact traffic, which everybody here is concerned about. Many people expressed it and it's a big concern. But still, again, is it a substantial change? We're trying to move traffic off of what we've been told is a major, major thoroughfare, with, I think we heard the words, "multiple designations." Northampton Boulevard is a major thoroughfare that requires a tremendous amount of traffic management and study, and we've had the benefit of hearing that and understanding that the intersection using Wesleyan Drive probably is not optimal or really in some people's mind unthinkable. So, is there a substantial change? I don't really think so. What's the impact on the plan, otherwise? Well, it appears that perhaps it won't be an apartment complex or at least the same size that was originally planned. So, is the plan substantially intact after moving that road 1,000 feet north in order to go north, take traffic north, both to the mall an to other parts of Burton Station and perhaps the airport? I think not. CHAIRMAN HODGSON: Thank you. Anybody else? Mr. Brockwell? COMMISSIONER BROCKWELL: Yes, I'll add to that. I don't want to be repetitive, but just to clarify, again, that this conversation is so difficult because we're not talking about approving or disapproving this road or even the merits of tis road location. We're talking about whether or not it's in substantial accord with the existing Comprehensive Plan. 23 So, while we've heard some information about traffic and some opinions and some references to studies on traffic, we really didn't get into any details, any specific discussion about the pros and cons of the traffic. In fact, the Commission feels pretty much unanimously that more information would be required and staff feels that way and we agree. So, the merits of the traffic really can't drive our decision today, nor can other important things like the long-term issues of street maintenance funding and things like that. The issue of how to make the connection to Miller Store, which everyone agrees is a part of the original intent of the SGA Plan, can't be resolved currently. So, as you can tell, it's nearly impossible to completely de -couple all of these issues from the decision at hand, which is is this proposal in accord with the current SGA Plan. I feel in its substance that it is. A lot of the questions I had were answered and there are some things that need to be worked out, some of the realities have changed, so we're all very anxious to get into the update to this SGA Plan. But I think kind of the main issues about the SGA Plan that I was concerned with were the disconnection, so to speak, of Burton Station Road, and the Land Use that's Implied in the schematic design of the current SGA Plan. And I don't think this proposal precludes either one of those. So, I think I can, however we word it, I think I can support that this proposal in its substance is in accord with the current SGA Plan. CHAIRMAN HODGSON: Anyone else? VICE -CHAIR THORNTON: Just a few words. The SGA Plan is clearly outdated. The SGA Plan is somewhat incomplete in that these agreements between the two cities aren't in place. But the SGA Plan calls for a major way in and out of this property, and based on Barry's comments there's no money available to build this. So, in order to market this or develop this, a road, some sort of road has got to be put in there because Burton Station is going to be closed, and Baker Road is not significant enough to carry what this plan proposes. So, to me, this road, this new proposed road, actually helps the plan, helps the SGA Plan, it overcomes a problem. And based on what the developer's counsel has said, they'll do what they can as best as they can to get that grade crossing all the way through, which then provides for movement of traffic in this area. So, along with Mr. Brockwell, personally, I think it helps the plan. I'm inclined to move 24 this forward as an affirmative vote. CHAIRMAN HODGSON: Mr. Weiner? COMMISSIONER WEINER: First of all, I want to reiterate what everybody else is saying, also, but I'd like to point out what staff has done with this SGA. It's outstanding. They've done a great job putting this together over the years. Back in 2009 and what we've done recently with Comp Plans, we've amended them. We've had no problem amending them. And like Mr. Thornton said, I think this is going to help out the SGA. Without a traffic study being done back then, we really don't know what to do about the traffic. But with the new road going in, I think it points out that we do know we'll have a better idea what happens with traffic, so I also agree. COMMISSIONER WALL: I've got a few notes. CHAIRMAN HODGSON: Mr. Wall? COMMISSIONER WALL: I think it's important to maintain the form of the SGAs and especially the form, itself, whether they're going to be pedestrian friendly, the mixed use. But also, I feel that this is still a connector between Miller Store Road and Northampton, so it kind of maintains the spirit of the original plan. So, in my opinion, it is substantially -- it doesn't change the SGA. CHAIRMAN HODGSON: Mr. Inman? COMMISSIONER INMAN: I wanted to add one thing to that. We need to keep in mind that we are dealing with a Comprehensive Plan. It's not a zoning change. It's not. And while the uses that were slated or projected or conceived go in the area, it's mostly affected by the road movement with commercial enterprises. And there will likely be commercial enterprises in that particular area, more likely it will be retail, if the mall goes forward, then office use, but that's okay. I don't see that looking at the Comprehensive Plan it's a general idea of what might go well in a particular area, commercial use, maintaining that integrity of the plan to that extent. I think that's all that really should be expected. CHAIRMAN HODGSON: Anyone else? Is there a motion on the floor? CITY ATTORNEY MACALI: Mr. Chairman, I need to mention one thing. Before anybody starts reading 25 the resolution, I made a little mistake. I referenced the date of adoption of the SGA Plan as January, 2006. It should be 2009, so we'll just go ahead and make that correction. If one of these resolutions is adopted, I'll just run out and bring the corrected resolution back for you to sign. COMMISSIONER INMAN: I'll move that we approve the request to permit the road to be established in a different location than where Wesleyan Drive is and that Lake Wright Boulevard be approved as I think it will substantially serve the same purpose as Wesleyan Drive without materially affecting the Comprehensive Plan. CHAIRMAN HODGSON: Mr. Inman, I believe you'll need to -- COMMISSIONER INMAN: I'm supposed to read this Resolution, I think, according to Bill Macali. So, the Resolution would be entitled Resolution Re Application of Simon Acquisition II, LLC, for Comprehensive Plan Consistency Review pursuant to Virginia Code Section 15.2-2232; whereas, Simon Acquisition II, LLC, the Applicant, has made application to the Planning Commission pursuant to Code Section 15.2-2232 for a determination, a proposed roadway within the City of Virginia Beach serving as the primary access point to a proposed 350,000 square -foot retail development located within the City of Norfolk is substantially in accord with the adopted Comprehensive Plan or part, thereof, and; whereas, the Planning Commission held a Public Hearing after giving proper notice thereof pursuant to Virginia Code Section 15.2-2204 on March 11, 2015, and; whereas, having given mature consideration to the matter, be it resolved by the Planning Commission of the City of Virginia Beach that hereby determines for the reasons stated during the Public Hearing that the proposed roadway is substantially in accord with the City's Comprehensive Plan or part thereof. A true copy of a verbatim transcript is attached hereto and made a part hereof. Be it further resolved by the Planning Commission of the City of Virginia Beach that the Planning Commission recommends to the City Council that the Burton Station Strategic Area Growth Plan be reviewed to determine whether revisions to the plan are warranted in light of changes to the area that have occurred or have been proposed since the adoption of the plan in January, 2009. CHAIRMAN HODGSON: Is there a second? COMMISSIONER WEINER: Second. CHAIRMAN HODGSON: Seconded by Commissioner Weiner. 26 We're ready to vote. ED WEEDEN: By a vote of 9 to 1, the Commission has approved the Application of Simon Acquisition II, LLC. (Whereupon, the discussion of this matter was concluded.) r� W m K. APPOINTMENTS ARTS and HUMANITIES COMMISSION BOARD OF BUILDING CODE APPEALS — New Construction COMMUNITY SERVICES BOARD GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD PROCESS IMPROVEMENT STEERING COMMITTEE TIDEWATER YOUTH SERVICES COMMISSION TOWING ADVISORY BOARD A UNFINISHED BUSINESS 00 0 NEW BUSINESS 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 2015 — 2016 RESOURCE MANAGEMENT PLAN SCHEDULE WORKSHOP APRIL 7' WORKSHOP APRIL 14' WORKSHOP APRIL 21 ST PUBLIC HEARING — Green Run High School APRIL 23rd WORKSHOP - PUBLIC HEARING - Council Chamber APRIL 28' RECONCLIA TION WORKSHOP MAY 5TH ADOPT BUDGET MAY 12' CITY OF VIRGINIA BEACH CITY MANAGER'S BRIEFINGS SUMMARY OF COUNCIL ACTIONS 1. A. ViBe DISTRICT Emily Labows, R Director — Cultural O Affairs D S DATE: 3/17/2015 PAGE: I A B. CIRQUE DU SOLEIL Mike Eason, Resort S- V Management H S AGENDA E H A E Administrator W ITEM # SUBJECT MOTION VOTE N E J M S U I Courtney Dyer, P D N O K M M S H L W O Y L N A O O O R S O R E E E N S N M I O O T R Y S E S D S N N D, CITY MANAGER'S BRIEFINGS 1. A. ViBe DISTRICT Emily Labows, Director — Cultural Affairs B. CIRQUE DU SOLEIL Mike Eason, Resort Management Administrator Courtney Dyer, General Manager - Convention Center C. LIGHT RAIL TRANSIT David L. Hansen, EXTENSION Deputy City Manager II/III/IV/ CLOSED SESSION CERTIFIED 11-0 Y Y YY Y Y Y Y Y Y Y WE F MINUTES APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y March 3, 2015 G/H-1 LEASES OF CITY -OWNED One Speaker PROPERTY a. 1409 Old Virginia Beach Road b. 213 Louisa Avenue c. 217 Louisa Avenue 2 Acquisition for rights-of-way a. Indian River and Kempsville Road Two Speakers Intersection b. Witchduck Road Phase 11 Two Speakers 3 LEASE OF CITY -OWNED PROPERTY (Cafe Franchises) a. i 1"' Street Atlantic Avenue Side Street Cafe b. 11t° Street Boardwalk Cafe c. Albie's Pizza Atlantic Avenue Side Street Cafe d. Black Angus Atlantic Avenue Sidewalk Cafe e. Catch 31 Boardwalk Cafe f. Dough Boys -24`s Atlantic Avenue Sidewalk Cafe g. Lagerheads Boardwalk Cafe h. Lagerheads Connector Park Cafe i. Marriott Courtyard Boardwalk Cafe j. Planet Pizza Atlantic Avenue Sidewalk Cafe k. Rockfish II Connector Park Cafe 1. Chix Boardwalk Cafe CITY OF VIRGINIA BEACH POLLING PLACE CHANGES One Speaker SUMMARY OF COUNCIL ACTIONS a. Create four (4) new precincts R O places D S DATE: 3/17/2015 PAGE: 2 A S- V ADD 1. Resolution re The Day of Peace ADDED 11-0 H S Y Y Y AGENDA E Y H Y Y ON A E W ITEM # SUBJECT MOTION VOTE N E J M S U I ADDED 11-0 P D N O K M M S H L W ON O Y L N A O O O R S O R E E E N S N M 1 O O T R Y S E S D S N N D 4 POLLING PLACE CHANGES One Speaker a. Create four (4) new precincts b. Relocate two (2) existing polling places c. One (1) boundary line change ADD 1. Resolution re The Day of Peace ADDED 11-0 Y Y Y Y Y Y Y Y Y Y Y ON Monument Dedication ADD 2. Resolution re the Furtherance of High- ADDED 11-0 Y Y Y Y Y Y Y Y Y Y Y ON Seed Broadband Internet I-1 Ordinances to AMEND the City Code: a. Section 10 to ADD 4 polling Precincts ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y (Dam Neck/Hilltop/Independence/ CONSENT Indian River)/change 2 polling places (Edwin/Hillcrest)/Precinct boundary chane Davis Comer/Newtown b. Sections re daily reports to Chief of DEFERRED TO 11-0 Y Y Y Y Y Y Y Y Y Y Y Police by Pawnbrokers/ Junk 4/24/2015, BY /Secondhand Dealers/Precious CONSENT Metal/Gem Dealers 2 Ordinances to AUTHORIZE Leases: a. "MOCA" at 2200 Parks Avenue DEFERRED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y CONSENT b. Transitions Community Development ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Corp at 213/217 Louisa Avenue CONSENT 3 Ordinances to ACCEPT/AUTHORIZE design features/acquisition of temporary/ permanent easements by agreement or condemnation: ADOPTED, BY 10-0 Y Y Y A Y Y Y Y Y Y Y a. Indian River/Kempsville Roads CONSENT B intersection improvements S T A I N E D b. Witchduck Road - Phase I1 ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y CONSENT CITY OF VIRGINIA BEACH Ordinance to GRANT Open Air Cafe REVISED/ SUMMARY OF COUNCIL ACTIONS Franchises: ADOPTED, BY R CONSENT 11-0 Y Y Y Y Y Y Y Y Y O Y a. Albie's Pizza 11-0 D Y Y Y Y Y S Y Y Y Y DATE: 3/17/2015 PAGE: 3 A 11-0 Y Y Y S- Y Y Y Y Y V Y c. Catch 31 d. Dough Boy's 11-0 H S Y Y Y AGENDA E Y H Y Y A E 11-0 W Y ITEM # SUBJECT MOTION VOTE N Y E J Y Y Y M S U 1 11-0 P D N O K M M S H L W O Y L N A O O O R S O Y R E E E N S N MLL� Y Y Y Y T R Y S E S D S 9-0 Y Y 4 Ordinance to GRANT Open Air Cafe REVISED/ Franchises: ADOPTED, BY CONSENT 11-0 Y Y Y Y Y Y Y Y Y Y Y a. Albie's Pizza 11-0 Y Y Y Y Y Y Y Y Y Y Y b. Black Angus 11-0 Y Y Y Y Y Y Y Y Y Y Y c. Catch 31 d. Dough Boy's 11-0 Y Y Y Y Y Y Y Y Y Y Y e. Lagerheads Cafe 11-0 Y Y Y Y Y Y Y Y Y Y Y Y Y Y f. Lagerheads Cafe 11-0 Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y g. Marriott Courtyard 11-0 11-0 Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y h. Rockfish Cafd 11-0 Y Y Y Y Y Y Y Y Y Y Y i. Chix Cafe 9-0 Y Y Y Y Y Y Y A A Y Y B B S S T T A A I I N N E E D D 5 Resolutions to REQUEST VDOT ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y ACCEPT Urban Maintenance payments CONSENT for: a. Additional streets b. Corrections/deletions to the road inventory 6 Resolution re Community Policy and ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Management Team CONSENT a. City Manager to serve as Fiscal Agent to administer CSA funds b. City Auditor to annually audit revenues 7 Resolution to NAME Police marine ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y vessels to memorialize fallen Officers CONSENT 8 Resolution to URGE parents whose ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y children are not fully immunized to CONSENT proceed with vaccinations 9 Ordinance to EXTEND date for satisfying ADOPTED, BY 10-1 Y Y Y Y Y N Y Y Y Y Y the conditions re closing/vacating/ CONSENT discontinuing a portion of Market Street Town Center Block 9 10 Resolution re MODIFICATION/ ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y EXTENSION of Town Center Option CONSENT Agreement with the Development Authority 11 Ordinance to AUTHORIZE ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Encroachments into portion of Main CONSENT Street/Columbus Street/Constitution Drive CITY OF VIRGINIA BEACH Ordinance to APPROPRIATE and ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y SUMMARY OF COUNCIL ACTIONS Y Y TRANSFER to the Sheriff: CONSENT R 0 expenses D S DATE: 3/17/2015 PAGE: 4 A S- V payouts H S AGENDA E H A E W ITEM # SUBJECT MOTION VOTE N E J M S U I P D N 0 K M M S H L W 0 Y L N A 0 0 0 R S O R E E E N S N M 1 0 0 Y T R Y S E S D S N N D 12 Ordinance to APPROPRIATE and ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y TRANSFER to the Sheriff: CONSENT a. $1,262,100 re the medical contract expenses b. $ 564,000 annual and sick leave payouts c. $1,204,500 to Special Revenue Fund to offset projected shortfalls 13 Resolution re The Day Of Peace ADDED/ADOPTED, 11-0 Y Y Y Y Y Y Y Y Y Y Y Monument Dedication BY CONSENT 14 Resolution re Furtherance of High -Speed ADDED/ADOPTED, 11-0 Y Y Y Y Y Y Y Y Y Y Y Broadband Internet BY CONSENT J-1 Ordinance to AMEND CZO/Oceanfront ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Resort District Form -Based Code re CONSENT Craft Distilleries as a Conditional Use 2 CROWN CASTLE USA, INC. re APPROVED/ 10-1 Y N Y Y Y Y Y Y Y Y Y Relocation of a Nonconforming Structure CONDITIONED, AS (communication tower) on an easement AMENDED at Meadow Ridge Lane DISTRICT 7 - PRINCESS ANNE 3 UNITED STATES MANAGEMENT/ APPROVED/ I1-0 Y Y Y Y Y Y Y Y Y Y Y CITY: DISTRICT 6 —BEACH CONDITIONED a. Special Exception re Oceanfront Resort District Form -Based Code b. Request for major entertainment Venue Signs at 19ih StreetfVirginia Beach Boulevard 4 CHESAPEAKE BAY DISTILLERY, LLC /HOTLINE ENTERPRISES, LLC CUP (Craft Distillery) at 437 Virginia Beach Boulevard DISTRICT 6 — BEACH APPROVED/ CONDITIONED, BY CONSENT 11-0 Y Y Y Y Y Y Y A B S T A Y Y Y I N E D 5 DEVELOPMENT AUTHORITY re APPROVED/ I1-0 Y Y Y Y Y Y Y Y Y Y Y Modification of Proffers Nos. 1 and 2 at PROFFERED, BY General Booth Boulevard/Corporate CONSENT Landing Parkway DISTRICT 7 — PRINCESS ANNE 6 PEMBROKE SQUARE APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y ASSOCIATES, LLC CUP (Indoor CONDITIONED, BY Bowling Alley) at 4554 Virginia Beach CONSENT Boulevard DISTRICT 4 — BAYSIDE CITY OF VIRGINIA BEACH 5073 VIRGINIA BEACH APPROVED/ 11-0 Y Y Y Y Y Y Y Y SUMMARY OF COUNCIL ACTIONS Y Y BOULEVARD, LLC CUP (vehicle CONDITIONED, BY R CONSENT O DISTRICT 4 — BAYSIDE D S DATE: 3/17/2015 PAGE: 5 A S- V 8 TAKE 5 OIL CHANGE, LLC /1928 APPROVED/ 10-1 H S N Y Y AGENDA E Y H Y Y A E W ITEM # SUBJECT MOTION VOTE N E J M S U I MODIFIED, BY P D N O K M M S H L W O Y L N A O O O R S O R E E E N S N M 1 O O T R Y S E S D S N N D 7 5073 VIRGINIA BEACH APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y BOULEVARD, LLC CUP (vehicle CONDITIONED, BY repair) at 245 Pennsylvania Avenue CONSENT DISTRICT 4 — BAYSIDE 8 TAKE 5 OIL CHANGE, LLC /1928 APPROVED/ 10-1 Y Y N Y Y Y Y Y Y Y Y LASKIN RD, LLC CUP (vehicle CONDITIONED, AS repair) at 1928 Laskin Road DISTRICT MODIFIED, BY 6—BEACH CONSENT 9 Variance to Subdivision Regulations to allow subdivision of lots: a. BH INVESTORS /ROBERT S. APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y LINDSLEY, JR., EXECUTOR OF CONDITIONED, BY THE ESTATE OF EDWIN B. CONSENT LINDSLEY, JR at 936 Lindsley Drive DISTRICT 5 — LYNNHAVEN b. RICHARD S./JUDY L. FOSTER at APPROVED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y 3344 Eagle Nest Point CONSENT DISTRICT 5 - LYNNHAVEN 10 NVR, INC/MUNDEN FARM, LLC APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y Modification of Proffer No. 3 at Munden PROFFERED, BY Farms Lane/Munden Ridge Drive re lot CONSENT size DISTRICT 7—PRINCESS ANNE 11 MONARCH PROPERTIES, INC. APPROVED/ 10-0 Y Y Y Y Y Y Y A Y Y Y Conditional COZ from R-51) to PROFFERED, BY B Conditional O-1 at South Rosemont Road CONSENT S re a medical office DISTRICT 3 — ROSE T HALL A I N E D 12 ALEXANDRIA PLACE, LLC c/o HAV APPROVED/ 10-1 Y Y Y Y Y N Y Y Y Y Y Conditional COZ from Al2 to Conditional PROFFERED, BY A-24 at 5700 Magnolia Chase Way re CONSENT increased density DISTRICT 1 - CENTERVILLE K. APPOINTMENTS RESCHEDULED B Y C O N S E N S U S ARTS and HUMANITIES COMMISSION BOARD OF BUILDING CODE APPEALS COMMUNITY SERVICES BOARD GREEN RIBBON COMMITTEE PROCESS IMPROVEMENT STEERING COMMITTEE TOWING ADVISORY BOARD VIRGINIA BEACH HEALTH SERVICES ADVISORY BOARD CITY OF VIRGINIA BEACH COMMUNITY POLICY AND Appointed: 2 year 11-0 Y Y Y Y Y Y Y Y SUMMARY OF COUNCIL ACTIONS Y Y ADOPT BUDGET MAY 12TH MANAGEMENT TEAM term 04/01/2015 — R 03/31/2017 Robert O Matthias, Ginger D S DATE: 3/17/2015 PAGE: 6 A Ploe er, Kathy Lowe S- V H S AGENDA E H A E 7:54 PM W ITEM # SUBJECT MOTION VOTE N E J M S U I P D N O K M M S H L W O Y L N A O O O R S O R E E E N S N M 1 O O T R Y S E S D S N N D 2015 — 2016 RESOURCE MANAGEMENT PLAN SCHEDULE COMMUNITY POLICY AND Appointed: 2 year 11-0 Y Y Y Y Y Y Y Y Y Y Y ADOPT BUDGET MAY 12TH MANAGEMENT TEAM term 04/01/2015 — 03/31/2017 Robert Matthias, Ginger Ploe er, Kathy Lowe L/M/N ADJOURNMENT 7:54 PM 2015 — 2016 RESOURCE MANAGEMENT PLAN SCHEDULE PRESENTATION MARCH 24TH WORKSHOP APRIL 7m WORKSHOP APRIL 14TH WORKSHOP APRIL 21sr PUBLIC HEARING — Green Run High School APRIL 23rd WORKSHOP - PUBLIC HEARING - Council Chambers APRIL 28TH RECONCLIA TION WORKSHOP MAY STH ADOPT BUDGET MAY 12TH