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NOVEMBER 3, 2015 AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL �1 � MAYOR WILLIAM D.SESSOMS,JR.,Al-Large VICE MAYOR LOUIS R.JONES,Bayside-District 4 p4 'gyp M.BENJAMIN DAVENPORT,At Large ROBERT M.DYER,Centerville-District I BARBARA M.HENLEY,Princess Anne--District 7 U ` .L SHANNON DS KANE,Rose Hall District 3 JOHN D.MOSS,At Large $4; ^`e AMELIA ROSS-HAMMOND,Kempsville-District 2 JOHN E. UHRIN,Beach- District 6 ROSEMARY WILSON,At-Large JAMES L. WOOD,Lynnhaven-District 5 CITY HALL BUILDING 2401 COURTHOUSE DRIVE CITY COUNCIL APPOINTEES VIRGINIA BEACH, VIRGINIA 23456-9005 CITY MANAGER- JAMES K.SPORE PHONE:(757)385-4303 CITY ATTORNEY MARK D.STILES CITY COUNCIL AGENDA FAX(757)385-5669 CITY ASSESSOR--JERALD D.BANAGAN CITY AUDITOR--I,YNDONS.REMIAS 03 November 2015 E-MAIL:Ctycncl@vbgov.com CITY CLERK-RUTH HODGES FRASER,MMC MAYOR WILLIAM D. SESSOMS, JR. PRESIDING I. CITY COUNCIL BRIEFINGS - Conference Room - 2:30 PM A. OCEANFRONT FITNESS PARK Douglas Smith, Deputy City Manager Luke Hillier, Founder and President of Hillier Ignite B. ASSESSMENT and COUNTER PROPOSAL ON THE PROPOSED CITY COUNCIL POLICY RE CONSTITUTIONAL OFFICER COMPENSATION PROCESS John D. Moss, Councilman—At-Large II. CITY MANAGER'S BRIEFING A. TOURISM DEVELOPMENT FINANCING PROGRAM AMENDMENT Douglas Smith, Deputy City Manager III. CITY COUNCIL LIAISON REPORTS IV. CITY COUNCIL COMMENTS V. CITY COUNCIL AGENDA REVIEW VI. INFORMAL SESSION - Conference Room - 3:30 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VII. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Garrett Brigg Pastor, Wycliffe Presbyterian Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS October 20, 2015 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. MAYOR'S PRESENTATION 1. PROCLAMATION -NATIVE AMERICAN HERITAGE MONTH Lee Lockamy, Nansemond Indian Tribe Council I. PUBLIC HEARING 1. Proposed Lease of City-owned Property at Indian River and North Landing Road - Land of Promise Farms Partnership J. ORDINANCES 1. Ordinance to AMEND Section 35-159 of the City Code re TAX ON TRANSIENTS obtaining lodging and REDUCE related appropriations and estimated revenues accordingly 2. Ordinance to AMEND ORD-3326B (Approved February 11, 2014) to MODIFY the terms of the proposed Lease with Virginia Beach Professional Baseball at Princess Anne Commons re construction and operation of a baseball complex I II 3. Ordinance to AUTHORIZE the City Manager to EXECUTE: a. A Lease of City-owned Farm Land at Indian River and North Landing Road for ten (10) months re Land of Promise Farms Partnership with proceeds of$17,000 to be shared between the City and State [BRAC] b. An Amendment to the Purchase Agreement between S.L. Nusbaum Realty Company and the City of Virginia Beach for the sale of City-owned property at the intersection of Princess Anne and Witchduck Roads to develop a pharmacy and retail shops 4. Ordinance to AUTHORIZE temporary encroachments into portions of City-owned properties at: a. Treasure Canal at 2008 Compass Circle re a bulkhead and boatlift DISTRICT 5 —LYNNHAVEN b. Sand Broad Inlet at the rear of 345 Tuna Lane re a bulkhead and backfill DISTRICT 7—PRINCESS ANNE 5. Ordinances to ACCEPT and APPROPRIATE funds from the Federal Emergency Management Agency (FEMA) re Virginia Task Force 2 Urban Search and Rescue Team: a. $1,273,582 re personnel costs, equipment and supplies, facility leasing, training and travel b. $1,700.000 re expenses related to activation, mobilization, deployment and demobilization re Hurricane Joaquin 6. Ordinances to ACCEPT, APPROPRIATE and TRANSFER: a. $107,250 from the Department of Homeland Security re Police Marine Patrol equipment b. $ 28,000 from the City Garage Internal Fund c. $ 7,750 from the DEA Seized Assets Special Revenue d. $ 38,227 from the Virginia Department of Behavioral Health and Developmental Services re a full time Administrative Assistant K. PLANNING 1. PI TELECOM INFRASTRUCTURE T, LLC and JSW HOLDINGS, LLC for a Conditional Use Permit re a monopole communication tower at 2824 Princess Anne Road (DEFFERED October 20, 2015) DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 111L. APPOINTMENTS ARTS and HUMANTITIES COMMISSION BEACHES and WATERWAYS ADVISORY COMMISSION BIKEWAYS and TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS-PLUMBING/MECHANICAL BOARD OF ZONING APPEALS CHESAPEAKE BAY PRESERVATION AREA BOARD COMMUNITY SERVICES BOARD—CSB GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORICAL PRESERVATION COMMISSION HISTORICAL REVIEW BOARD PARKS and RECREATION COMMISSION PLANNING COMMISSION RESORT ADVISORY COMMISSION (RAC) SENIOR SERVICES OF SOUTHEASTERN VIRGINIA TRANSITION AREA INTERFACILITY TRAFFIC AREA (ITA) VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION WETLANDS BOARD WORKFORCE HOUSING ADVISORY BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS O. 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 ****************************** I I I 2015 CITY COUNCIL MEETINGS November 10, 2015 Workshop November 17, 2015 Informal/Formal Sessions November 24, 2015 Workshop December 1, 2015 Informal/Formal Sessions December 8, 2015 Informa/Formal Sessions 2015 CITY HOLIDAYS Wednesday,November 11 Veterans Day Thursday, November 26 Thanksgiving Day Friday,November 27 Day After Thanksgiving Thursday, December 24 Christmas Eve (half-day) Friday, December 25 Christmas Day I. CITY COUNCIL BRIEFINGS - Conference Room - 2:30 PM A. OCEANFRONT FITNESS PARK Douglas Smith, Deputy City Manager Luke Hillier, Founder and President of Hillier Ignite B. ASSESSMENT and COUNTER PROPOSAL ON THE PROPOSED CITY COUNCIL POLICY RE CONSTITUTIONAL OFFICER COMPENSATION PROCESS John D. Moss, Councilman—At-Large II. CITY MANAGER'S BRIEFING A. TOURISM DEVELOPMENT FINANCING PROGRAM AMENDMENT Douglas Smith, Deputy City Manager III. CITY COUNCIL LIAISON REPORTS IV. CITY COUNCIL COMMENTS V. CITY COUNCIL AGENDA REVIEW II VI. INFORMAL SESSION - Conference Room - 3:30 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VII. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Garrett Brigg Pastor, Wycliffe Presbyterian Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS October 20, 2015 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. MAYOR'S PRESENTATION 1. PROCLAMATION -NATIVE AMERICAN HERITAGE MONTH Lee Lockamy,Nansemond Indian Tribe Council i ,C, .0__4„0,GoA '1'L O4 `aj;P F ( c �_ ,i t u,,, c 5 's` Z,.; o .z 99�s OF ouR NpT00N4 11 izt IL. 'WHEREAS: Native Americans have made use of the natural resources in'Virginia and-Virginia Beach for over 15,000 years; ry1 HE RS AS: Native Americans prospered in Virginia as hunters and gatherers for thousands of years living in bands and encampments; WARMS: Native Americans developed tribal relationships and began to settle in hamlets and-villages with the introduction of cultigens,such as gourd and squash,and later beans,corn and- tobacco; ndtobacco; WREREAS: 'The Chesapeake Indian tribe resided in a village in Virginia Beach at the time of or just prior to the early seventeenth century settlement of the region by England; WIPEREAS: The Nansemond Indian tribe resided in a village to the west of Virginia Beach at the time of English settlement; WNEREAS: 'The Chesapeake Indian tribe was decimated by warfare initiated by the cPowhatan chieftain in the early seventeenth century and no descendants of the Chesapeake tribe are known today; WHEREAS: Members of the Nansemond Indian tribe moved eastward settling in areas that included Virginia Beach; WHEREAS: A group of ChristianizedWansemonds remained in southeastern'Virginia as English settlement spread; WHEREAS: An Indian reservation in the TPungo area of Virginia Beach was occupied by Nansemond Indians in the late seventeenth century; WHE'R'EAS: 'The Commonwealth of'Virginia officially recognized the Nansemond Indian tribe in 1985; WHEREAS: 'The Nansemond Indian tribe officiated in the reburial of 64 human remains of the Chesapeake Indian tribe at'First Landing State(Parkin 1997; WNER'EAS: Members of the Nansemond Indian tribe are valuable residents of'Virginia Beach today; 'WHEREAS: November was first declared as Native American graftage Month inthe'United States of America in 1990; W) EREAS:November is also commemorated as Native American.7-heritage Month in the Commonwealth of 'Virginia;and, NOW,'1`IfER" 'FOR.E,I,'William D.Sessoms,Jr.,Mayor of the City of Virginia Beach,'Virginia,do hereby proclaim November 2015 Native.lmerican�Ceritage %lonth In'Virginia Beach,andfurthermore call upon the citizens,government agencies,public and private institutions, businesses and schools in'Virginia Beach to recognize the contributions of Native Americans to the history and development of the city,state and nation and to commemorate this month with appropriate activities. I further wish to acknowledge: the contributions of the Nansemond Indian tribe to the vitality of Virginia Beach, both past and present,and the pride we have in their association with our community. In testimony whereof,I have hereunto set my hand and caused the Official-Seal of the City of Virginia each, Virginia,to 6e affixed this 3'd day ofNovember, two thousandfifteen. p4,11 P w 1 William CD.Sessams, y Mayor I. PUBLIC HEARING ]. Proposed Lease of City-owned Property at Indian River and North Landing Road - Land of Promise Farms Partnership l II ,;,,,,+ PUBLIC HEARING "" LEASE OF CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on November 3, 2015 at 6:00 PM 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 186+/- acres of City-owned farm land located on Indian River Road and North Landing Road, to be leased to Land of Promise Farms Partnership. 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 Hodg r,MMC City Clerk Beacon: October 25;2015 II J. ORDINANCES 1. Ordinance to AMEND Section 35-159 of the City Code re TAX ON TRANSIENTS obtaining lodging and REDUCE related appropriations and estimated revenues accordingly 2. Ordinance to AMEND ORD-3326B (Approved February 11, 2014)to MODIFY the terms of the proposed Lease with Virginia Beach Professional Baseball at Princess Anne Commons re construction and operation of a baseball complex 3. Ordinance to AUTHORIZE the City Manager to EXECUTE: a. A Lease of City-owned Farm Land at Indian River and North Landing Road for ten (10) months re Land of Promise Farms Partnership with proceeds of$17,000 to be shared between the City and State [BRAC] b. An Amendment to the Purchase Agreement between S.L. Nusbaum Realty Company and the City of Virginia Beach for the sale of City-owned property at the intersection of Princess Anne and Witchduck Roads to develop a pharmacy and retail shops 4. Ordinance to AUTHORIZE temporary encroachments into portions of City-owned properties at: a. Treasure Canal at 2008 Compass Circle re a bulkhead and boatlift DISTRICT 5 —LYNNHAVEN b. Sand Broad Inlet at the rear of 345 Tuna Lane re a bulkhead and backfill DISTRICT 7—PRINCESS ANNE 5. Ordinances to ACCEPT and APPROPRIATE funds from the Federal Emergency Management Agency (FEMA) re Virginia Task Force 2 Urban Search and Rescue Team: a. $1,273,582 re personnel costs, equipment and supplies, facility leasing, training and travel b. $1,700.000 re expenses related to activation, mobilization, deployment and demobilization re Hurricane Joaquin 6. Ordinances to ACCEPT, APPROPRIATE and TRANSFER: a. $107,250 from the Department of Homeland Security re Police Marine Patrol equipment b. $ 28,000 from the City Garage Internal Fund c. $ 7,750 from the DEA Seized Assets Special Revenue d. $ 38,227 from the Virginia Department of Behavioral Health and Developmental Services re a full time Administrative Assistant ii 1 [ 1 gat Yrs •4 yMsy,4+..dJ{ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Section 35-159 of the City Code Pertaining to Tax on Transients Obtaining Lodging and to Reduce Related Appropriations and Estimated Revenues Accordingly MEETING DATE: November 3, 2015 • Background: In the FY 2015-16 Operating Budget City Council approved an increase in the hotel flat tax from $1.00 per night to $2.00 per night. The additional $1.00 per night would be budgeted and collected in the Tourism Investment Program Fund (TIP) to provide the TIP Fund the capacity to cover debt service payments related to $78.5 million in public infrastructure projects supporting the Arena. These projects include: 9-015 Arena Infrastructure Site Improvements — On Site; 9-017 Arena Infrastructure Development — Off Site; and 9-100,19th Street Infrastructure Improvements. This tax was to be effective for a five-year period beginning January 1, 2016 and ending December 31, 2020. • Considerations: Due to a delay in the Arena project, it is anticipated that the public infrastructure projects and related debt costs will be delayed one year. Included in the FY 2015-16 Operating Budget for the Tourism Investment Program Fund is an appropriation of $743,829 for future CIP commitment for the Arena related public infrastructure projects and related estimated revenue from the expanded hotel flat tax, which will need to be eliminated. It is recommended that the additional $1.00 hotel flat tax be delayed one year beginning January 1, 2017 and ending December 31, 2021. • Public Information: Public information will be provided through the normal Council agenda process. • Recommendation: Approve the attached ordinance. • Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: Budget and Management Services P f,�-- City Manager:`4' • V., 61(3)(2i I II 1 AN ORDINANCE TO AMEND SECTION 35-159 OF 2 THE CITY CODE PERTAINING TO TAX ON 3 TRANSIENTS OBTAINING LODGING AND TO 4 REDUCE RELATED APPROPRIATIONS AND 5 ESTIMATED REVENUES ACCORDINGLY 6 7 WHEREAS, in the FY 2015-16 Operating Budget, City Council approved an 8 increase in the hotel flat tax from $1.00 to $2.00 to assist with debt service on public 9 infrastructure capital projects supporting the Arena, which is to take effect January 1, 10 2016; and 11 12 WHEREAS, $743,829 of funding from the rate increase will not be needed in the 13 Tourism Investment Program until January 1, 2017, as work on the infrastructure 14 projects is being delayed due to schedule changes in the Arena project. 15 16 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 17 OF VIRGINIA BEACH, VIRGINIA: 18 19 1. That Section 35-159 of the Code of the City of Virginia Beach is hereby amended 20 and reordained to read as follows: 21 22 Sec. 35-159. Levied; amount. 23 24 (a) There is hereby levied and imposed on each transient a tax equivalent to eight 25 (8) percent of the total amount paid for lodging, by or for any such transient, to 26 any lodging place, plus a flat tax of two-dollars ($2.00) for each night of lodging at 27 any lodging place other than a campground. The percentage-based portion of the 28 tax rate shall be reduced by one-half (0.5) percent on July 1, 2018 and further 29 reduced by an additional two and one-half (2.5) percent on June 30, 2027. One 30 dollar ($1.00) of the flat tax shall remain in effect through June 30, 2018, and the 31 remaining one dollar ($1.00) shall be in effect January 1, 2017 through 32 December 31, 2020 2021. 33 .... 34 35 2. That $743,829 in appropriations in the Tourism Investment Program Fund in the FY 36 2016 Budget are hereby reduced, with estimated revenues from the Transient 37 Occupancy Tax reduced in the same amount. 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: APPI3QVED AS TO LEGAL SUFFICIENCY: Budget and Management Services City A • e s • ice CA13517/ R-1 /October 21, 2015 f,ray% i "'J CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Ordinance ORD-3326B to Modify the Terms of the Proposed Lease of City Property Located at Prins--Anne Commons for Construction and Operation of a Baseball Complex MEETING DATE: November 3, 2015 • Background: On February 11, 2014, by Ordinance ORD-3326B, City Council authorized the leasing of land owned by the City of Virginia Beach (the "City") located within Princess Anne Commons to Virginia Beach Professional Baseball ("VBPB") for the purpose of constructing and operating a baseball complex. The approved Summary of Terms sets forth certain terms, conditions and requirements for VBPB to construct and/or operate i) a stadium and commercial space, ii) a tournament complex and iii) four (4) new fields at the Princess Anne Athletic Complex ("PAAC"). The Lease has not been executed pending the securing of financing by VBPB. VBPB has approached the City and requested substantive changes to the terms and conditions set forth in the proposed Lease Agreement (the "Lease") previously approved by City Council. The changes include (i) the size of the commercial building, (ii) the type of turf used for the tournament complex fields, (iii) the location of certain amenities, (iv) the number of parking spaces, and (v) the City's contribution to the cost of the PAAC fields. • Considerations: City staff recommends approval of the changes to the terms of the Lease. Except for the changes set forth in the Amended Summary of Terms attached to the Ordinance, the Lease would be consistent with the remaining provisions previously approved by City Council. VBPB has represented that these changes are necessary to allow VBPB to secure financing for this project. • Public Information: Advertisement of City Council Agenda • Alternatives: Approve the Ordinance as presented, deny approval of the Ordinance, or modify the Ordinance as desired by Council. • Attachments: Ordinance, Amended Summary of Terms Recommended Action: Approval Submitting Department/Agency: Dept. of Parks and Recreation City Manager: k II 1 AN ORDINANCE TO AMEND ORDINANCE 2 ORD-3326B TO MODIFY THE TERMS OF THE 3 PROPOSED LEASE OF CITY PROPERTY 4 LOCATED AT PRINCESS ANNE COMMONS 5 FOR CONSTRUCTION AND OPERATION OF A 6 BASEBALL COMPLEX 7 8 WHEREAS, by Ordinance ORD-3326B, adopted February 11, 2014, the 9 City Council authorized a lease of City-owned land located within the Princess 10 Anne Commons to Virginia Beach Professional Baseball ("VBPB") for the 11 construction, operation and maintenance of a professional baseball stadium, 12 tournament fields, and sports-related commercial and retail space (the "Lease"); 13 14 WHEREAS, the terms and conditions of the Lease were to conform with 15 the Summary of Terms attached to Ordinance ORD-3326B; 16 17 WHEREAS, prior to execution of the Lease, VBPB requested various 18 modifications to the terms and conditions of the Lease; 19 20 WHEREAS, the proposed modifications represent substantive changes 21 and require City Council's approval of an Amended Summary of Terms prior to 22 execution of the Lease; and 23 24 WHEREAS, City Council has determined that the proposed changes are 25 reasonable and will contribute to the successful development of the project, 26 which will benefit the citizens of the City of Virginia Beach. 27 28 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 29 OF VIRGINIA BEACH, VIRGINIA: 30 31 1. The City Manager is hereby authorized to execute a Lease 32 Agreement between VBPB and the City, for the term of thirty (30) years for the 33 Stadium and Commercial Space and for up to thirty (30) years for the 34 Tournament Complex, in accordance with the Amended Summary of Terms, 35 attached hereto as Exhibit A and made a part hereof, and such other terms, 36 conditions or modifications as may be acceptable to the City Manager and in a 37 form deemed satisfactory by the City Attorney, and 38 39 2. Except as modified on the Amended Summary of Terms, 40 Ordinance ORD-3326B shall remain in full force and effect. 41 42 Adopted by the Council of the City of Virginia Beach, Virginia, on the 43 day of , 2015. l APPROVED AS TO C• TENT APPROVED AS TO LEGAL SUFFICIENCY tif4/ /12664467ntettiaexj Dep nd Recreation City Attorney CA13456 \\vbgov.com\DFS1Wpplications\CityLawProd\cycom32\W pdocs\D021\P019\00242519.DOC R-1 October 23, 2015 I I I EXHIBIT A AMENDED SUMMARY OF TERMS LEASE OF CITY-OWNED LAND LOCATED WITHIN PRINCESS ANNE COMMONS FOR THE PURPOSE OF CONSTRUCTING AND OPERATING A BASEBALL COMPLEX (CHANGES ARE IN BOLD) LESSOR: City of Virginia Beach (the "City") LESSEE: Virginia Beach Professional Baseball, LLC ("VBPB") PREMISES: 120 +/- acres of land located within Princess Anne Commons near the intersection of Princess Anne and Landstown Roads (Portions of GPINs: 1484-87-9998, 1484-86-9245, 1484-87-1819 and 1494-24-9673) TERM: Stadium and Commercial Space—Thirty (30) year land lease Tournament Complex—Fifteen (15) year land lease with up to five (5) three-year renewal options, for a total lease term not to exceed thirty (30) years RENT: Rent shall be one dollar ($1.00) per year USE: VBPB's proposal included three parts: • Stadium and Commercial Space o 5,000 seat stadium with 2,000 berm seats and associated 201 space parking lot • Primary tenant: Independent Atlantic League Team • Secondary tenant: Coastal Plain League, a summer wooden bat league • Commercial space to be constructed adjacent to stadium within five (5)years is expected to be between 20,000- 40,000 sq. ft. (previously up to 60,000 sq. ft.) • Tournament Complex o 13 lighted diamond fields (10 with artificial turf) and approximately 1,200 space parking lot 10 lighted grass diamond fields in Phase 1; 3 lighted grass diamond fields in Phase 2 (to be completed within 5 years of receipt of Phase 1 ee rpletion occupancy permit); new parking lot with 1,002 parking spaces • Host national, regional and local baseball and softball tournaments • Community league games and tournaments Page 1 of 3 I I I • Collaborate with CVB Sports Marketing and Parks and Recreation to book tournaments and develop Virginia Beach hotel/restaurant packages for participants Princess Anne Athletic Complex (PAAC) o 4 Baseball/Softball Fields • VBPB to construct four (4) new baseball/softball fields for public use. VBPB to have exclusive use of 12 PAAC fields for three (3) weekend tournament events per calendar year, and weekday use beginning on the preceding Monday before from 8 am to 3 p.m. for training, clinics and camps during those three (3) weeks annually. RIGHTS AND RESPONSIBILITIES OF LESSEE: • Responsible for all construction, operation and maintenance costs. Final improvements will be made consistent with the Princess Anne Commons Design Guidelines. • Responsible for capital infrastructure renewal and replacement at a contribution of: o Years 1-5: $250,000 o Years 6-10: $350,000 o Years 11-20: $400,000 o Years 21-30: $450,000 • Responsible for payment of all applicable taxes and utilities in connection with leasing the Premises. RESPONSIBILITIES OF THE LESSOR: • Incentive payments to VBPB equal to a portion of the admissions and real estate and/or leasehold taxes actually paid by VBPB annually at stadium and tournament complex at a rate of: o Years 1-5: 85%with no cap o Years 6-10: 75% with no cap (If 3 additional fields complete by the end of Year 5) 69% with no cap (If 2 additional fields complete by the end of Year 5) 63% with no cap (If 1 additional field complete by the end of Year 5) 57% with no cap (If NO additional fields complete by end of Year 5) Page 2 of 3 I I i I o Years 11-20: 60% with no cap (If 3 additional fields complete by the end of Year 10) 50% with no cap (If less than 3 additional fields complete by end of Year 10) • Widen Landstown Road to serve the new tournament complex as well as planned municipal uses of City-owned land within the Interfacility Traffic Area south of Princess Anne Commons. • City to contribute funds not to exceed $200,000 for additional costs associated with relocation of the four(4) PAAC fields due to power line conflict. Page 3 of 3 s\B Virginia ginia&ac h DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. ® e SECTION 1 / APPLICANT DISCLOSURE ❑ Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. heck here if the APPLICANT IS a corporation, partnership, firm, business, or FO^ Cr*USE ONLY. , - 1 Page 1 of 4 D FiPPLICAitiT ItiO;iFIEi)OF 0 NO CHANGES AS OF 0 RD:ISIM,S SIS Tc13 Virginia Beach other unincorporated organization, AND THEN, complete the following. (A) List the Applicant's name followed by the names of all officers, directors, members, trustees, partners, etc. below: (Attach list if necessary) V W.('��1; 9 c�\ /4e6SSTAC).\ ( 5eA )AlSE.Q ct444\th VkAVail )1,4- LLC S (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) \.! \ 'tC\ See next page for information pertaining to footnotes and 2 4 • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. ❑ Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. [ Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name followed by the names of all officers, directors, members, trustees, partners, etc. below: (Attach list if necessary) 1't 31016 CuCil) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) The disclosures contained in this form are necessary to inform public Page 2 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. 1 Virginia Beach 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. 4 SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER(use additional sheets if needed) fl Accounting and/or preparer of L� l_ your tax return �kl\ J y)P;',5 96DAyg Ury` © Architect/ Landscape Architect/ � ,�5 n f-1_ � ( - Arisjz � C�r��1 /�I CJYI C7LLand Planner I4 41 Contract Purchaser(if other than ! Er the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed 5/ purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Construction Contractors (Y) t4S vel 'S 4 , 4 Engineers Surveyors r The disclosures contained in this form are necessary to inform public Page 3 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. Virginia Beach Financing (include current S(-t-VY6 6)11 , r;��^ mortgage holders and lenders L�_ `", I selected or being considered to �'►aYlA JeAPW -r6 ( it provide financing for acquisition flc,,v,tn�t� or construction of the property)Er- 11111 U Legal ServicesLtS)* /n Real Estate Brokers /Agents for ❑ �� current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development Q contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided here'n two 'eks prior to the Planning Commission, Council, VBDA meeting, or me ti of . •ub is body or committee in connectjo with this Application. APPSCapI •TURE- v PRINT NAME DATE PROPERTY OWNER'S SIGNATURE PRINT NAME DATE The disclosures contained in this form are necessary to inform public Page 4 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. EI Jr' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a Lease of 186+/- Acres of City-owned Farm Land Located on Indian River Road and North Landing Road for Ten (10) Months with Land of Promise Farms Partnership MEETING DATE: November 3, 2015 • Background: The City of Virginia Beach acquired the farm land located on Indian River Road and North Landing Road, GPIN: 1483-95-6756 (the "Premises") on November 19, 2014, as part of the Oceana and Interfacility Traffic Area Acquisition Program, which was designed to acquire property situated in the flight path between Naval Air Station Oceana and Naval Auxiliary Landing Field Fentress. On November 19, 2014, subsequent to the acquisition of the Premises, the City of Virginia Beach entered into a Possession Agreement with Land of Promise Farms Partnership, to allow the continued farming of the land. The Possession Agreement expires December 31, 2015. Land of Promise Farms Partnership would like to enter into a lease (the "Lease") with the City of Virginia Beach to continue farming the Premises. The Premises will be utilized solely for agricultural purposes, such as farming, and for no other purpose. • Considerations: The term of the Lease is ten (10) months. The City has the right to terminate the Lease with ninety (90) days' notice. For more specific terms, see attached Summary of Terms. The City funded the acquisition of the Premises through a partnership with the Commonwealth of Virginia. The proceeds from the lease of the Premises in the amount of $17,000.00 will be received. Fifty percent (50%) of the proceeds ($8,500.00) will be deposited to the City's General Fund, and the remaining fifty percent (50%) will be deposited to refund the Commonwealth's portion in accordance with the grant agreement. • Public Information: Advertisement of Public Hearing Advertisement of City Council Agenda • Alternatives: Approve the Lease as presented, change conditions of the Lease or deny leasing of the Premises. I � • Recommendation: Approval • Attachments: Ordinance, Summary of Terms, Location Map, Disclosure Statement Recommended Action: Approval Submitting Department/Agency: Public Works/Facilities Management QM) City City Manager: I( " 1 I i 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE OF 186+/- 3 ACRES OF CITY-OWNED FARM LAND LOCATED 4 ON INDIAN RIVER ROAD AND NORTH LANDING 5 ROAD FOR 10 MONTHS WITH LAND OF PROMISE 6 FARMS PARTNERSHIP 7 8 WHEREAS, the City of Virginia Beach (the "City") is the owner of 186+/- acres of 9 farm land located on Indian River Road and North Landing Road, formerly known as the 10 Brenneman Farm, in Virginia Beach, Virginia (the "Premises"); 11 12 WHEREAS, Land of Promise Farms Partnership ("Land of Promise Farms") 13 would like to enter into a lease with the City for the Premises; 14 15 WHEREAS, the Premises will be utilized for agricultural purposes, such as 16 farming, and for no other purpose; 17 18 WHEREAS, Land of Promise Farms has agreed to pay the City a rental rate of 19 $17,000.00 for ten (10) months for the use of the Premises; and 20 21 WHEREAS, Further, that revenue from the lease of the Premises in the amount 22 of $17,000.00 shall be received, and fifty (50) percent of this amount ($8,500.00) shall 23 be deposited to the City's General Fund, and the remaining fifty (50) percent shall be 24 deposited to refund the Commonwealth's portion in accordance with the grant 25 agreement. 26 27 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 28 OF VIRGINIA BEACH, VIRGINIA: 29 30 That the City Manager is hereby authorized to execute a lease for ten (10) 31 months between Land of Promise Farms Partnership and the City for the Premises, in 32 accordance with the Summary of Terms attached hereto as Exhibit A and made a part 33 hereof, and such other terms, conditions or modifications as may be acceptable to the 34 City Manager and in a form deemed satisfactory by the City Attorney. 35 36 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 37 , 2015. APPROVED AS TO CONTENT APPROVED AS TO CONTENT L _ UO Budget and Management Services Public Works/Faci ' ies Management APPROVED AS TO LEGAL SUFFICIENCY AND FORM L2/414,7Y1 4 City Attorney CA13445 R-1 October 22, 2015 EXHIBIT A SUMMARY OF TERMS LEASE FOR 186+/- ACRES OF CITY-OWNED FARM LAND LOCATED ON INDIAN RIVER ROAD AND NORTH LANDING ROAD LESSOR: City of Virginia Beach LESSEE: Land of Promise Farms Partnership PREMISES: 186+/- acres of farm land located on Indian River Road and North Landing Road TERM: January 1, 2016 — November 1, 2016 RENT: Rent of$17,000.00 RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use Premises for agricultural purposes, such as farming, and for no other purpose. • Maintain Premises, specifically any sections that can be placed under irrigation and is suitable for farming in a good farm like manner, including prevention of deterioration or waste accumulation. • Keep all equipment and improvements, placed upon Premises, in a safe, clean and orderly condition. • Purchase and maintain workers compensation insurance, commercial general liability insurance and automobile liability insurance. RIGHTS AND RESPONSIBILITIES OF CITY: • May enter upon the Premises, without written prior notice, after it has been determined that an emergency exists. TERMINATION: • City may terminate by giving ninety (90) days' advance written notice, with payment for any growing crops lost in the transfer. 1 ".• It , '" A 4 I. •' .. ,.. . . ...- i f . 1 ,i k *'i . )1„,-4?5..' 4 4 : i , • .1 , -? ' '' ..1 .P. ... . e' , 1, • '' 41 i ...400. , „, , I,I.,..,„.., ' 4,.. , .... " 1 4 ., . . .1 ..:' ' ' ; 4 4 It ., ,. ,..,. f...' 4 s „ft J $ i • g , 1 IA * , t i p' i P 4 , Cl) r ' 4 -37' . . i 4 e ) I ) 1 1 w i.1 4 0 I( . a 4 .4 re ' •44 i<4 ie '( i 1 ollaili 4,$ , _ —4 i,4U4 4 kkk (.0 CO i I %- - . , 0 ) Z 1 ' < J ''------1 2 li re LL 4 1 t 1 1 C3 ; W , Z Om 1 I 2 cc 9 i O E.5 I P u- • 1 0 I / < 0 I —I < 1• 1 w / ( ) .../ i r , I 1 i 0- 1 1 W g 1 Z czW r _ 1 / , 2 if_s, / r: . re.i.:- -----------------„ / OIL cc z < 0 _1 z w o . r z a _, z a = a I— z _ 0 z DISCLOSURE STATEMENT FORM The completion and submission.of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property,in the,City.of,yirginiaBeach. requiring action,.by the City Council or a board, commission, or other body appointed by the City Council. Such applicAtions And rnatters. incl4d�,,b,ut,ar ,not limited to, the f oliowi,rrg:, Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board SECTION 1 / APPLICANT DISCLOSURE ❑ Check here if the APPLICANT !S NOT a corporation, partnership, firm, business, or other unincorporated organization. Er Check here if the APPLICANT IS a corporatio partnershi• firm, business, or Page 1 of 4 Bach other unincorporated organization, AND THEN, complete the following. (A) List the Applicant's name followed by the names of all officers, directors, members, trustees, partners, etc. below: (Attach list if necessary) Z� c9 64-Pro s 4- Forms vAvii-ad. /may M,f. br-t r4,t'e £'Ls/ty f r7iUer. ,V Ape 6T id e,Arer 1Ji['f' 1),,r4 iflr7�i4'r (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. ❑ Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. dCheck here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN,complete the following. (A) List the Property Owner's name followed by the names of all officers, directors, members, trustees, partners, etc. below: (Attach list if necessary) PW p A 1 is Q N+ne_ t Io60:6-N Oc V i ni n‘aha cL‘ (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) The disclosures contained in this form are necessary to inform public Page 2 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. . r \ ) 3i!Li 11 ie��ICit "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 (ill) 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. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the unification or any business oneratino or to be operated on the Prooertv. If the answer to any item is YES, please identify the firm or individual providing the service: 1 YES NO SERVICE PROVIDER(use additional sheets If needed) Accounting and/or preparer of your tax return El Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than " • u d the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed LJ purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Construction Contractors 1.7< Engineers/Surveyors The disclosures contained in this form are necessary to inform public Page 3 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. '~, Y F l : . l in nia Beach Financing(include current i I ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) 0 [ Legal Services { Real Estate Brokers/Agents for current and anticipated future sales of the subject property 1 I SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have zran interest in the subject land or any proposed development contingent on the subject public action? , If yes,what is the name of the official or employee and what is the nature of the interest? CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any p blic body or committee in connection with this Application. ' 6 ' I � ' PPLICANT'S SIG TURE PRINT NAME DATE PROPERTY OWNER'S SIGNATURE PRINT NAME I DATE The disclosures contained in this form are necessary to inform public Page 4 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. r x CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute an Amendment to the Purchase Agreement Between S. L. Nusbaum Realty Co. and the City of Virginia Beach for Sale of City Property Located at the Intersection of Princess Anne Road and Witchduck Road MEETING DATE: November 3, 2015 • Background: The City of Virginia Beach (the "City") and S. L. Nusbaum Realty Co. ("Nusbaum") are parties to a Purchase Agreement dated October 28, 2014 (the "Purchase Agreement"). The Purchase Agreement provides for the development of a 2.812-acre parcel located at the intersection of Princess Anne Road and Witchduck Road (known as 5161 Princess Anne Road / GPIN: 1466-78-3845). The area includes a portion of right-of-way approved for closure (collectively, the "Property"). The Property was declared excess and the terms of the Purchase Agreement were approved by City Council on October 21, 2014, by Ordinance ORD-3381F. The Purchase Agreement requires Nusbaum to develop an approximately 13,000 sq. ft. pharmacy (the "Anchor Store") and multi-tenant retail shops. The Purchase Agreement allowed for a twelve (12) month due diligence period, which expires November 6, 2015, after which time Nusbaum was required to purchase the Property. Nusbaum has notified City staff that the intended transaction cannot be consummated, as the Anchor Store has recently opted out and will no longer be part of the development. Consequently, Nusbaum has requested an additional 180-day due diligence period (expiring May 4, 2016) in order to secure additional tenants. ■ Considerations: Except for the modification set forth herein, all other terms of the Purchase Agreement remain unchanged and consistent with the Summary of Terms previously approved by City Council. Once Nusbaum has evaluated other potential leases, staff will bring the proposed development back to Council for review and possible modification of the original Summary of Terms City staff has determined that the additional time allowed for Nusbaum to purchase the Property has no adverse effect. ■ Public Information: Advertisement of City Council Agenda • Recommendations: Approval • Attachments: Ordinance Location Map I I i II Recommended Action: Approval I, Submitting Department/Agency: Economic Development City Manager: f—• �' ��' 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE AN AMENDMENT TO 3 THE PURCHASE AGREEMENT BETWEEN S. L. 4 NUSBAUM REALTY CO. AND THE CITY OF 5 VIRGINIA BEACH FOR SALE OF CITY PROPERTY 6 LOCATED AT THE INTERSECTION OF PRINCESS 7 ANNE ROAD AND WITCHDUCK ROAD 8 9 WHEREAS, the City of Virginia Beach (the "City") and S. L. Nusbaum Realty Co. 10 ("Nusbaum) are parties to a Purchase Agreement dated October 28, 2014 (the 11 "Purchase Agreement"); 12 13 WHEREAS, the Purchase Agreement provides for the development of a 2.812- 14 acre parcel located at the intersection of Princess Anne Road and Witchduck Road, 15 known as 5161 Princess Anne Road (GPIN: 1466-78-3845), which includes a portion of 16 right-of-way approved for closure (collectively, the "Property"); 17 18 WHEREAS, the terms of the Purchase Agreement were approved by City 19 Council on October 21, 2014, by Ordinance ORD-3381 F; 20 21 WHEREAS, the Purchase Agreement requires Nusbaum to develop an 22 approximately 13,000 sq. ft. pharmacy and multi-tenant retail shops, and includes a 12 23 month due diligence period, which expires November 6, 2015; 24 25 WHEREAS, Nusbaum has requested an additional 180-day due diligence period 26 which will expire May 4, 2016; and 27 28 WHEREAS, City Council is of the opinion that the proposed amendment to the 29 Purchase Agreement has no adverse effect, and the extension should be granted. 30 31 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 32 VIRGINIA BEACH, VIRGINIA: 33 34 That the City Manager is hereby authorized to execute an amendment to the 35 Purchase Agreement to extend the due diligence period for 180 days, which period will 36 expire May 4, 2016, and such other terms, conditions or modifications as may be 37 acceptable to the City Manager and in a form deemed satisfactory by the City Attorney. 38 39 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 40 of , 2015. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SU ICIENCY: • Economic Developm t Cit Atte ey CA13455 \\vbgov.com\DFS1Wpplications\CityLawProd\cycom32\W pdocs\D019\P020\00242136.docx R-1 October 23, 2015 LOCATION MAP I AREA OF PROPOSED STREET CLOSURE 'D-1' � NOTES: 1. THIS EXHIBIT IS INTENDED TO SHOW THE AREA OF (28,095 SQ. FT., 0.645 AC.) PROPOSED RIGHT-OF-WAY CLOSURES AND INDEPENDENT OF THE ASSOCIATED RECORD DOCUMENT(S) IS NOT S�ooz N v INTENDED FOR ANY OTHER THAN GENERAL REFERENCE. TO 2. A TITLE REPORT HAS NOT BEEN PROVIDED FOR THIS (O' . y PRN 4R,� PROPERTY. R=772.50' 4O , CESS ANNE �qY 6,;6';,3 (/NST 2403807p6.:0, 7o p' O4D, o s 0722'22" W s> o�� % ; 9.85y Ep� `s x¢:38?4" 4/4- CZ) NE to Q 4 --N S Qs 82'35'38" `t.2005 N id, S 82'30'20" E 6'� o � 101.83' y�,. � ^‘ � N A=98.88' 80.07' �o R=725.00' ^O 2 A=36.78' � '�`�C�( ry ry =7"4832" �., = R=673.70' 3 . W PARCEL 'E' N/F 2 p=3'07'40" 1:4 • A + EMMANUEL PROTESTANT W A=38.08' •d` • EPISCOPAL CHURCH m R=32.00' tg- Cry'• 4) V =6811'22' �,o� OF KEMPSVILLE DUSTING . • �� `� A=37.66 1466-78-0931 R=75.00' rl R/W LINE ocPJ p =28'46'03" 3% o cd `,1v1k1 i ,• 1 kr N O� to 3 0: N N p � o u $� 0 � Q. W J� o 1:, •.. co3 W Q' : t ^ ick W coo `r o N oa h 11 A, C� N. o �� o m0, Uhf ,� \ z Q cNi °6' ` 0 /��E40'51 N 4020'28" E 6.90' \i.op, --\ S 1521'33" W 71 12 4, lJ N 40'20'28" E 18.97' 3. � �N'� 10'17 42 35' \ "5.1' W�� A=38.15' • S 6g / R=87.50' A=104.39' ' 105.78' 12g ? =24'58'55" R=1122.50 1-4�- • 13 A_643. d5't9' 3" N 80'1146" W PRINCESS ANNE ROAD N 4939'32" W 4.00' (RELOCATED) N VAR R/W N S 4020'28" W 31.26' (INST 20090519000553070)(INST 20091019001219680) A=45.15' AREA, OF PROPOSED STREET CLOSURE '0-2' (INST 20100203000113230)(INST 20100409000329350) R=43.50' (1,931 SQ. FT., 0.044 AC.) (INST 20100507000436780)(M.B. 114, P. 21) 0 =59'27'51" CLOSURE SIT SHEET 1 OF 1 OF A ® _- 28,095 SQ. FT. (0.645 AC.) PORTION OF SINGLETON WAY -Iv _ (FORMERLY PRINCESS ANNE ROAD) ANBD AS. WITCHDUCK ROAD (RTE 190) 1,931 SQ ATED) ANDS.WITCHDUCK ROAD (RTES 1990)vg ROAD (RELOCATED) C(PUBLIC BIGHT-0P-11AYSXINST No 20130315000305320) Landscape Architecture VIRGINIA BEACH, VIRGINIA Land Sunynay Exclusively for Civil eeomEngineering (" OF VIRGINIA BEACH 04 FEBRUARY, 2014 N Com 757.431.1041 2k1 M15P116 lYL S E 8 Vp;W18DOL Y1 2362 SCALE: 1" = 100' CAD/chic TMF/els CITY OF VIRGINIA BEACH, VA I F.B. P. I PLAT: JN:213-0160 L I II � x MN 4r. Vagina Beach DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Compliance, Special Investment Program Nonconforming Use Exception for (EDIP) Changes Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • • The disclosures contained In this form are necessary to inform public officials who may vote on the application as to whether • they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE ❑ Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ® Check here if the APPLICANT IS a corporation, partnership, firm, business, or FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 4 Planning Commission and City Council meeting that pertains to the application(s) 9 { APPLICANT NOTIFIED OF HEARING DATE El NO CHANGES AS OF DATE. 0 REVISIONS SUBMITTED DATE I i r 14..tr..;; .ilC . may Vuginia'teach other unincorporated organization, AND THEN, complete the following. (A) List the Applicant's name followed by the names of all officers, directors, members, trustees, partners, etc. below: (Attach list if necessary) S. L. Nusbaum Realty Co. , a Virginia Corporation (see attached list) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes and 2 4 • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. © Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ❑ Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN. complete the following. (A) List the Property Owner's name followed by the names of all officers, directors, members, trustees, partners, etc. below: (Attach list if necessary) City of Virginia Beach (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) The disclosures contained in this form are necessary to inform public Page 2 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. I 1. 1;4 COV Virginia Beach 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 entitles." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER (use additional sheets If needed) 0 Accounting and/or preparer of Dixon Hughes Goodman your tax return �x 0 Architect/ Landscape Architect/ Lyall Design Architects Land Planner Contract Purchaser(if other than 0 El the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed 0 a purchaser of the subject property (identify purchaser(s) and purchaser's service providers) El Q Construction Contractors xEngineers /Surveyors Lebeau consulting ❑ 0 WPL Site Design The disclosures contained in this form are necessary to inform public Page 3 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. r, Virginia Beach Financing (include current I] 1:::] mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) El ❑ Legal Services Willcox & Savage, PC 1:1 El current Estate Brokers /Agents for current and anticipated future sales of the subject property 0 SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have n 0 an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? 'CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of an public body or committee in connection with this Application. Thomas G. Johnson, III 10/23/15 APP CANT'S SIG A URE‘2°'......'........------ PRINT NAME DATE PROPERTY OWNER'S SIGNATURE PRINT NAME DATE The disclosures contained in this form are necessary to inform public Page 4 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. II S.L.NUSBAUM REALTY CO. & NUSBAUM ASSOCIATES,L.P. STOCKHOLDER/LIMITED PARTNER Christian Chalupny Allan G.Donn Thomas G.Johnson,Jr. William E.Rachels,Jr. Stephan H.Gordon James M.Gresock Michael D.Gurley William H.Halprin Edythe C.Harrison Virginia Batteen Hawks Richard M.Jacobson Miles B.Leon Joseph Mersel Alan L.Nordlinger Ann G.Nusbaum Robert C.Nusbaum Murray S.Rosenbach Ronald H.Rowe Linda S.Laibstain William L.Nusbaum Robert G.Butcher,Ill Frank H.Cowling,Jr. Timothy M.Finn John T.Litz Allison Rachels John M.Profilet Gary E.Hartman Michael Myers Thomas G.Johnson,111 Andrew S.Nusbaum Lindsay Ann N.Davenport Matthew R.Nusbaum S.L.Nusbaum Realty Co. PRINCIPAL OFFICERS August 26,2015 Miles B.Leon Chairman of the Board,Chief Executive Officer&President Alan L.Nordlinger Vice Chairman William L.Nusbaum Secretary Jerry W.Adams Senior Vice President Stephen Boyce Senior Vice President Frank H.Cowling,Jr. Senior Vice President Timothy M.Finn Senior Vice President James M.Gresock Senior Vice President Michael D.Gurley Senior Vice President William H.Halprin Senior Vice President Virginia Batteen Hawks Senior Vice President,Chief Financial Officer&Treasurer Richard M.Jacobson Senior Vice President Thomas G.Johnson,III Senior Vice President John T. Litz Senior Vice President Joseph Mersel Senior Vice President Michael Myers Senior Vice President Robert M.Stanton Senior Vice President Aaron D.Wyatt Senior Vice President Robert Butcher,III Vice President Debbie Byrne Vice President Richard Counselman Vice President C. Lee Davis Vice President Michael Devine Vice President H.Thomas Drew Vice President James P.Ginnell Vice President Stephan H.Gordon Vice President Gary E. Hartman Vice President Joy Herlong Vice President Lori J.Houston Vice President Christopher Hucke Vice President Tyler Jacobson Vice President Nathan E.Jaffe Vice President Courtney E.Lundquist Vice President Andrew S.Nusbaum Vice President * Matthew R.Nusbawn Vice President * James S.Oakley Vice President Bill Overman Vice President * John Profilet Vice President Allison Nordlinger Rachels Vice President Murray S.Rosenbach Vice President Stephanie Sanker Vice President Nathan Shor Vice President Sharon Swanberg Vice President John Wessling Vice President Tom Willcox Vice President Thomas A.Wood Vice President Christopher Zarpas Vice President Michael Zarpas Vice President Faye L.Clayton Assistant Vice President Cathleen J.Davis Assistant Vice President Bonnie L.Golay Assistant Vice President *Contingent on Brokers License I II [ k rONw O yr (04 y� /(cam ) ,,. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments into a portion of a City canal known as Treasure Canal located at the rear of the property known as 2008 Compass Circle. MEETING DATE: November 3, 2015 • Background: Robert and Linda Pellerin have requested permission to maintain an existing timber bulkhead, wharf and deck and to construct and maintain 263 lineal feet of vinyl bulkhead 2' seaward of the existing bulkhead, a boatlift and replacement of two (2) existing mooring piles with two (2) new 10" diameter mooring piles, collectively, within a portion of a City canal known as Treasure Canal located at the rear of their property at 2008 Compass Circle. During review of this encroachment application, an existing garage and two sheds were identified in the side-yard setbacks. These have been reported to Zoning Enforcement for resolution and may require a variance from the Chesapeake Bay Preservation Board. • Considerations: City Staff has reviewed the requested encroachments and has recommended approval of same, subject to certain conditions outlined in the Agreement. In regard to the garage and sheds discussed above, the Agreement provides that the permission granted herein does not extend to any accessory structures shown on the Agreement's exhibit. There are similar encroachments in Treasure Canal which is where Mr. and Mrs. Pellerin have requested to encroach. In accordance with the recommendations of City Council to help address water quality protection in conjunction with Temporary Encroachments onto City property, the requested encroachments have been reviewed by the Department of Planning/Environmental Management Center. Staff is of the professional opinion that the property owners have an already established and maintained variable width riparian buffer, which is a minimum of 5 feet in width landward from the shoreline, running the entire length of the shoreline, and consisting a of mulched planting bed and containing a mixture of shrubs and perennial plants. Said buffer shall be deemed to satisfy the riparian buffer requirements necessitated by this waterfront encroachment activity. • Public Information: Advertisement of City Council Agenda I II • Alternatives: Approve the encroachment as presented, deny the encroachment, or add conditions as desired by Council. • Recommendations: Approve the request subject to the terms and conditions of the Agreement. • Attachments: Ordinance, Agreement, Plat, Pictures, Location Map and Disclosure Statement Recommended Action: Approval of the ordinance. Submitting Department/Agency: Public Works/Real Estate ctC mp City Manager: s S k .Zeb t I AI 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO A 5 PORTION OF A CITY CANAL KNOWN AS 6 TREASURE CANAL LOCATED AT THE 7 REAR OF THE PROPERTY KNOWN AS 8 2008 COMPASS CIRCLE 9 10 WHEREAS, Robert D. Pellerin and Linda Sue Pellerin have requested 11 permission to maintain an existing timber bulkhead, wharf and deck and to construct and 12 maintain 263 lineal feet of vinyl bulkhead 2' seaward of the existing bulkhead, a boatlift and 13 replacement of two(2)existing mooring piles with two (2) new 10"diameter mooring piles, 14 collectively, into a portion of a City canal known as Treasure Canal located at the rear of 15 the property known as 2008 Compass Circle. 16 17 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 18 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 19 the City's right-of-way subject to such terms and conditions as Council may prescribe. 20 21 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 24 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 25 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Robert D. Pellerin and Linda 26 Sue Pellerin, their heirs, assigns and successors in title are authorized to maintain a 27 temporary encroachment for an existing timber bulkhead, wharf and deck and to construct 28 and maintain 263 lineal feet of vinyl bulkhead 2' seaward of the existing bulkhead, a boatlift 29 and replacement of two (2) existing mooring piles with two (2) new 10" diameter mooring 30 piles, collectively, into a portion of a City canal known as Treasure Canal as shown on the 31 map entitled: "EXHIBIT 'A' — ENCROACHMENT REQUEST FOR ROBERT & LINDA 32 PELLERIN", a copy of which is attached hereto as Exhibit A, and on file in the Department 33 of Public Works and to which reference is made for a more particular description; 34 35 BE IT FURTHER ORDAINED, that the temporary encroachments are 36 expressly subject to those terms, conditions and criteria contained in the Agreement 37 between the City of Virginia Beach and Robert Pellerin and Linda Pellerin (the 38 "Agreement"), an unexecuted copy of which has been presented to the Council in its 39 agenda, and will be recorded among the records of the Clerk's Office of the Circuit Court of 40 the City of Virginia Beach; 41 42 BE IT FURTHER ORDAINED that the Agreement is limited to the authority 43 provided by §§ 15.2-2009 and 15.2-2107, and it does not provide a permit, variance, or 44 other approval of any feature displayed on the Agreement's Exhibit; and 45 i I 46 BE IT FURTHER ORDAINED, that the City Manager or his authorized 47 designee is hereby authorized to execute the Agreement; and 48 49 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 50 such time as Robert Pellerin, Linda Pellerin and the City Manager or his authorized 51 designee execute the Agreement. 52 53 Adopted by the Council of the City of Virginia Beach, Virginia, on the 54 day of , 2015. CA13220 R-1 PREPARED: 9/4/15 \\vbgov.com\dfsl\applications\citylawprod\cycom32\wpdocs\d015\p020\00235680.doc APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: PUBLIC WORKS, REAL ESTATE ClT_ Y •13r15 2 I II u 4 a EX. WEST PILE ENCROACHES EX. BULKHEAD ENCROACHES a,i`� TREASURE CANAL 22.0' INTO CVB PROPERTY 3.4' INTO CVB PROPERTY 5 FLOOD DC. EAST PILE ENCROACHES EX. WHARF ENCROACHES MB. 45 PG. 37 EBe� 20.7' INTO CVB PROPERTY 6.4' INTO CVB PROPERTY EX. DECK ENCROACHES REFUGE DETERIORATED EX.PILES 1.5' INTO CVB PROPERTY MIM NEW IO •PUS AT THE EXACT SAYE LOCATION PROPOSED 263 LF. VINYL BULKHEAD EX.SUMO()TO REMAIN- ,EX. PILE EX. PILE PROPOSED BIAJOEAD TO BE . N 77'07'38" W INSTALLED NO.2'SEAWARD ■ 'CI 140.26' PROPOSED BOAT LIFT p N 63'54'23" W EX. ��. N __ 91.82' MLW AND MHW AT LANDSCAPE BED EX. WH=RF ► EX. BULKHEAD EXISTING TIMBER BULKHEAD -� 44 K N 13157-4.16 10'.5$ `c a LANDSCAPE BED 1PROPOSED 475 SF LANBUFFElS E 385 SF TURF 5' DRAINAGE EASEMENT TURF MB. 45, PG. 37 TURF \ TURF/ \ EX SHED \ LANDSCAPE BED �X GPRNGE •. Q 'i/7/ A EX. 2 // //// SHED 00. \ 4 WOOD DECK COs ,' EX. GREENHOUSE \ 2 STORY FRAME \ #2008 �yry \ CONC.,DRIVE rt, LOT 51 LOT 53 N/F BRIAN LAROCHE \ : 1 N/F DON MYERS 2009 COMPASS CIRCLE 2004 COMPASS CIRCLE GPIN: 2409 09 3371 GPIN: 2409 09 6220 � TURF a� \e EX. ENCROACHMENTS NOTED :� TOP RIGHT ,h.' PROPOSED ENCROACHMENTS '�)ry. NOTED SUCH: _ TURF 20.2' PROPOSED 860 SF LANDSCAPE LOT 52 COMPASS CIRCLE BUFFER INCLUDES PLANTINGS OF: PROPOSED ADDITIONAL LANDSCAPE (M.B. 45, PG. 37) BUFFER (860 SF) IS PROVIDED BY \° GPIN: 2409 09 5320 CANOPY TREES: EXPANSION OF EX. LANDSCAPE BUFFER 2' LANDWARD AND 2' CHANNELWARD (2) BALD CYPRESS (TO MEET NEW BULKHEAD SET 2' CHANNELWARD OF EX. BULKHEAD) ° UNDERSTORY TREES: L.51.00' R,50.0 (2) NATCHEZ CREPE MYRTLES p (2) BLOODGOOD JAPANESE MAPLE 1,\._-T H OF COMPASS CIRCLE (6) SHRUBS TO BE PLANTED AMONG // C THE TREES AND THROUGHOUT THE � v/O 50' R/W ARCHTECTURALLYBUFFER AREA THAT BEND WITH THE ,,-.) WILL SPECIES OF TREES PLANTED wAIPk /111. RNA NTAL COVES p p 860 SF Z BUFFER REO'D: 246.2'x15'=3,693 SF MISC. EGRU GRASSES 0 RICHARD T. TLETT ➢ BUFFER PROVIDED: 1 760 SF & PERENNIAL PLANTS BAR Lic. No. 18335 SPECIES MAY VARY DEPENDING ON AVAILABILITY AT TIME OF PLANTING -0 JUNE 1, 2015 0 40' 80' o/ �� N FSS O N A L ' � 1" = 40' . . EXHIBIT A - ENCROACHMENT REQUEST ZONING: R-20 FOR ROBERT & LINDA PELLERIN ENGINEERING SERVICES PROVIDED BY: PROFESSIONAL CONSTRUCTION CONSULTANTS, LLC. PHONE: (757)773-8084 EMAIL RICKOPCC-LLC.COY ' JUNE 1, 2015 SHEET 1 OF 1 C L.w G1 a \ u °° 0 in 1•4 . CC 14 11(1 fa E } U O { {yam-` _ i CI- 00 t T Z: '' '< .t Iffi'4' a- 1:: 8,', ,,At,, P;7,4-'''',;401,-.:Ttiii: U CD IO i W CO 11111 C •i GJ cu a 1,72 v o V) N •• fa ++ Q V O \ - g •L( 00 O Q O N ▪ • QJ •_ cu cr 0) 4J c C• a) -- a) cn E ▪ -13 t5 C co O J i u -o C W f6 IMP C i CJ GJ CL CI CU w r 13 IRR S t: V V •is i. i . �. 4 ai ,,,,. � �/f , . t 4pJ4 ,.• C �� Ii rN� ',�:•t _ '`sola Q SA C R j 3 CU 'i U CU cu Cc a . t0 U C 0 U 'a C: C W fa n r - E ILL ;:ii tri- CD -I to)a g o II-I I: :tn. LL- 41 cn �, II- 1 OCI � s, \\� WN~Z m^ V m O0 s 0QE I Op _ 0 N \. Z 2 W O o ce {n �:,= �r- � IPJh o +^^ 0-Y n C U IPS •� lr V p LL o w rn •Q v II i _ o0 i y 'l i COMPASS GIR CI--,C11,-0Z waW QZ < G — rte I kry ! �QQmN za 0 Q c? N I _ LL Z O J W �1 H 1 I OQ 0 p3U + I I F X W LL Q U tn C L „ W H Nm W r . 11' ,., YOUJ a .2' t a w \ c a x z re 02 n c '* ? %,,,,,z), A WOWCC wo L__,/ l mZWO CON t., = o t"zpz a- zz� _ 3 t 6 ly � h U O xaQX a (Q w 3w w •— W �d� �QQF �UQJN O 1 ��. a W CO .,45. ": t -4-4,i4, a s*, zce s"xv#-°`, x is 'aaa ^A 3,-i ' { $§+'#-,y k a-V4'..'4,,i R„ f Y'e`4 F' s a il:Nae-0 4-,}vim`lAtlX, a i�,a a s3? sir Li °�+�.,,w. '�s �.�`x �` " > � ' . c t3�' t=om` �^ t. -a"�y �W', e �a' t' g#�,�.m��ea�-'�- '� �,r - .� �' �. ' i'4 X;;?4,t'—'I''::'' , 5 s '�* : } .,*ws.ra. ,_,.. e..,.. . s~-x a , I' a''ro�`. a I <3 . 144 :N-uN'°zm" # p, e. Aire PY ..✓ .— DISCLOSURE STATEMENT FOR-- ' The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City 1 Modification of by City Property I Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained In this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. 0 SECTION 1 / APPLICANT DISCLOSURE I2'/ Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ❑ Check here if the APPLICANT IS a corporation, partnership, firm, business, or FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 4 Planning Commission and City Council meeting that pertains to the application(s). ❑ PLUCANT NOTIFIED OF HEARING DATE. L7 NO CHANGES AS OF DATE: /6/2i1 Jct 1$ O REVISIONS SUBMITTED DATE: a A # L r I mow k $ x8%F' Rx 1 C'Ssa.".pr^M .✓z � '� �" ,�a"' � - �v€ ,. s � p ^.- 3 pan a a` war 4 other unincorporated organization, AND THEN, complete the fo (A) List the Applicant's name followed by the names of all officers, directors, members, trustees, partners, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes and 2 4 0 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ❑ Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name followed by the names of all officers, directors, members, trustees, partners, etc. below: (Attach list if necessary) iC)48E''f&- 167:11 Li/0,a+ (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) The disclosures contained in this form are necessary to inform public Page 2 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • x , 5'� „--;.,-:',.1.!'',C;ro �.., s..z. ra. .waw'asavxv. ,',-!4,,,,v,,,,-4,-.1,44,t. �i „33, ,,.4 I "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 entityrelationship" 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. 4 4 SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER (use additional sheets if needed) ❑ fff Accounting and/or preparer of your tax return EZ( Q Architect/ Landscape Architect/ Land Planner ( 0) (J /1 ieW/ Contract Purchaser(if other than ts:( the Applicant) - identify purchaser and purchaser's service providers / Any other pending or proposed IrrJ� purchaser of the subject property (identify purchaser(s) and purchaser's service providers) Ej El Construction Contractors NI t/►u FIl 'i"J) Elf El Engineers /Surveyors KL IOr �lliEli The disclosures contained in this form are necessary to inform public Page 3 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. I I I I =.',4'41.- tom? ., ', r7. asa :77a was '- a sr-eT°,-<sr xa �t .a S 41.,wp., 7,,P441-11.<<,,rz ° ° fel@ q{ry .�a� � '' eta' 8 t � Financing (include current U-),t1 mortgage holders and lenders -�(2)u.�5t`r� I selected or being considered to r provide financing for acquisition l�/�2�1' `� ',6 c414 t' �J or construction of the property) 95-7- 1173- s-6(') ❑ BEI Legal Services Real Estate Brokers / Agents for ❑ current and anticipated future sales of the subject property 4 0 SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have d an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. APPLICANT'S SIGNATURE PRINT NAME /y�DATE klif )14` I ' 1-1.4)64 /4fitee4/ /01.5 PROPERTY OWNER'S SIGNATURE PRINT NAME DATE The disclosures contained in this form are necessary to inform public Page 4 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C)(4) THIS AGREEMENT, made this 1st day of September, 2015, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and ROBERT D. PELLERIN and LINDA SUE PELLERIN, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "LOT 52"; as shown on that certain plat entitled: "PLAT OF BROAD BAY ISLAND, SECTION ONE PRINCESS ANNE CO., VA. LYNNHAVEN MAGISTERIAL DISTRICT", Scale: 1" = 10', dated February 1958, prepared by Frank D. Tarrall, Jr. & Associates, which said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 45, at Pages 37 and 37A, and being further designated, known, and described as 2008 Compass Circle, Virginia Beach, Virginia 23451-1713; WHEREAS, it is proposed by the Grantee to maintain an existing timber bulkhead, wharf and deck and to construct and maintain 263 lineal feet of vinyl bulkhead 2' seaward of the existing bulkhead, a boatlift and replacement of two (2) existing mooring piles with two (2) new 10" diameter mooring piles, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and GPIN: 2409-09-5320; (2008 Compass Circle) (CITY CANAL — NO GPIN REQUIRED OR ASSIGNED) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City canal known as Treasure Canal, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT 'A' — ENCROACHMENT REQUEST FOR ROBERT & LINDA PELLERIN", a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary 2 Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further understood and agreed that approval is limited to the Encroachment Area only and nothing contained herein shall be construed as an 3 approval by the City of the type or location of any other structures shown on the aforementioned exhibit. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Civil Inspections Division of the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit"). It is further expressly understood and agreed that the Grantee shall maintain the existing variable width riparian buffer, which equates to an average of 15 feet in width landward from the shoreline, running the entire length of the shoreline, and consisting of a mulched planting bed and containing a mixture of shrubs and perennial plants (the "Buffer"). It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. 4 . 4 It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the Department of Public Works City Engineer's Office or the Department of Planning Waterfront Operations Office or Permits and Inspections Office. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. 5 IN WITNESS WHEREOF, ROBERT D. PELLERIN and LINDA SUE PELLERIN, the said Grantee, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 6 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2015, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2015, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 7 1 By 62644%* C2,(LL--L ROBERT D. PELLERIN, Owner By /01,&31tillelh4D LINDA SUE PELLERIN, Owner STATE OF CITY/COUNTY OF\I P k, to-wit: The foregoing instrument was acknowledged before me this day of �4�1bQX , 2015, by ROBERT D. PELLERIN. '7 (SEAL) Notary P blic Notary Registration Number: -150. 0213 My Commission Expires My Commission Expires: December 31.2016 STATE OF \ I CITY/COUNTY ON n. U k1. , to-wit: The foregoing instrument was acknowledged before me this ` day of . 12 120,x, 2015, by LINDA SUE PELLERIN. CLQ (. 21,1I (SEAL) Notary Pi lic Notary Registration Number: 75a I 11 My Commission My Commission Expires: 31.E 6� 8 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM SIGN UREA MEYER, SENIOR CITY ATTORNEY IC,- l3- ts DATE PUBLIC WORKS / REAL ESTATE DEPARTMENT/ DIVISION 9 r r 1 E EX. WEST PILE ENCROACHES EX. BULKHEAD ENCROACHES ! w �� TREASURE CANAL 22.0' INTO CVB PROPERTY 3.4' INTO CVB PROPERTY s -FLOOD EX. EAST PILE ENCROACHES DC WHARF ENCROACHES MB. 45 PG. 37 EBB-- 20.7' INTO CVB PROPERTY 6.4' INTO CVB PROPERTY EX. DECK ENCROACHES REPLACE DE'Toe0RA1ED D.PEES 1.5' INTO CVB PROPERTY slim MEW 10'IPaESATTHE EXACT SAME LOCATION PROPOSED 263 LF. VINYL BULKHEAD E%.SIfAD TO REMIMI- EX. PILE EX. PILE NIOf PROPOSED BULKHEAD To RE N 770738' W MUM UED MAX 2'SEAWARD . iV 140.26' EX. PROPOSED BOAT LIFT—�_iii p N 63'54'23' W MLW AND MHW AT LANDSCAPE BED N 91.82' EX. BULKHEAD EXISTING TIMBER BULKHEAD _�— _� DECK �/��'�- —`_ 38 '" �� EK. , q0 LANDSCAPE BED N 6g A4.15 `\ �� PROPOSED 475 SF BINE LANDSCAPE 385 SF TURF 5' DRAINAGE EASEMENT TURF MB. 45, PG. 37 \ TURF EX. TURF 7"----- SHED \ LANDSCAPE BED • y / SHED CI. h/ / . 1—n . Ex. o+ , • Ej GREENHOUSE 2 STORY FRAME • #2008 e CONC DRIVE '�yry Ile LOT 51 N/F BRIAN LAROCHE ` .; . j_........j_........j_........ LOT 53 N/F DON MYERS 2009 COMPASS CIRCLEa 2004 COMPASS CIRCLE GPIN: 2409 09 3371 GPIN: 2409 09 6220 TURF tr. EX. ENCROACHMENTS NOTED \ . ,4, TOP RIGHT ,y • PROPOSED ENCROACHMENTSy' ' NOTED SUCH: � TURF 20.2' LOT 52 COMPASS CIRCLE PROPOSED 880 SF LANDSCAPE PROPOSED ADDITIONAL LANDSCAPE - (M.B. 45, PG. 37) BUFFER INCLUDES PLANTINGS OF: BUFFER (860 SF) IS PROVIDED BY GPIN: 2409 09 5320 CANOPY TREES: EXPANSION OF EX. LANDSCAPE BUFFER (2) BALD CYPRESS 2' LANDWARD AND 2' CHANNELWARD - (TO MEET NEW BULKHEAD SET 2' - CHANNELWARD OF EX. BULKHEAD) 1- UNOERSTORY TREES: L.51.00' ii.'509 NATCHEZ CREPE MYRTLES 0 • (2) BLOODG00D JAPANESE MAPLE �C PST H OF COMPASS CIRCLE THE TREES SAND TTO HROUGHOUT E PLANTED HOUT TONG !�7 50' R/W BUFFER AREA HAT WILL ARCHITECTURALTLYY BLEND WITH THE SPECIES OF TREES PLANTED i........14."4„..zeg. MISC. GROUND COVER, BUFFER REVD: 246.2'x15'=3,683 SF ORNAMENTAL GRASSES U RICHARD T. BARRETT D BUFFER BUFFER PROVIDED:I1'760 SF 860 SF PERENNIAL PLANTS Lic. No. 18335 SPECIES MAY VARY DEPENDING ON AVAILABILITY AT TINE OF PLANTING - JUNE 1, 2015 0 40' 80' O� �� 16 �SS'ONAL � 1" = 40' w w EXHIBIT A — ENCROACHMENT REQUEST ZONING: R-20 FOR ROBERT & LINDA PELLERIN ENGINEERING SERVICES PROVIDED BY: PROFESSIONAL CONSTRUCTION CONSULTANTS. LLC. PHONE (757)773-8084 EMAIL: RICKOPCC-LLC.COM • JUNE 1, 2015 SHEET 1 OF 1 froS"� �ht CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments into a portion of City property known as Sand Broad Inlet, located at the rear of 345 Tuna Lane MEETING DATE: November 3, 2015 • Background: Donald and Deborah Snyder (the "Snyders") have requested permission to reconstruct and maintain a proposed bulkhead and backfill, into and upon a portion the City's property known as Sand Broad Inlet, also known as GPIN: 2433-27-3415, located at the rear of 345 Tuna Lane. • Considerations: City Staff has reviewed the requested encroachments and has recommended approval of same, subject to certain conditions outlined in the Agreement. In accordance with the recommendations of City Council to help address water quality protection in conjunction with Temporary Encroachments onto City property, the requested encroachments have been reviewed by the Department of Planning and Community Development/ Environment and Sustainability Office. Staff is of the professional opinion that the establishment of a variable width riparian buffer which equates to an average of 15 feet in width landward from the shoreline, running the entire length of the shoreline and containing a mixture of salt-tolerant shrubs and perennial plants adjoining the Snyders' property is feasible and warranted to help reduce long term water quality impacts associated with the existing and proposed encroachments. The applicant shall submit a plan for the variable width riparian buffer for review and approval by the Department of Planning and Community Development/ Environment and Sustainability Office. • Public Information: Advertisement of City Council Agenda • Alternatives: Deny the encroachment, or add conditions as desired by Council. • Recommendations: Approve the request subject to the terms and conditions of the Agreement. ■ Attachments: Ordinance, Disclosure Statement, Agreement, Plat, Pictures and Location Map Recommended Action: Approval of the ordinance. Submitting Department/Agency: Public Works/Real Estate f‘b PFJ City Manager: k' V 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF CITY 6 PROPERTY KNOWN AS SAND 7 BROAD INLET, LOCATED AT THE 8 REAR OF 345 TUNA LANE 9 10 11 WHEREAS, Donald Snyder and Deborah Snyder (the "Snyders") desire to 12 reconstruct and maintain a proposed bulkhead and backfill, into and upon a portion the 13 City's property known as Sand Broad Inlet, also known as GPIN: 2433-27-3415, located at 14 the rear of 345 Tuna Lane, in the City of Virginia Beach, Virginia; and 15 16 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 17 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 18 the City's property subject to such terms and conditions as Council may prescribe. 19 20 NOW,THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA: 22 23 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 24 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Donald Snyder and Deborah 25 Snyder, their heirs, assigns and successors in title are authorized to construct and maintain 26 a proposed bulkhead and backfill in a portion of existing City property known as Sand 27 Broad Inlet, as shown on the map entitled: "Encroachment EXHIBIT A, LOCATION: LOT 28 149, SANDBRIDGE SHORES NORTH, SECTION 1-B GPIN: 2433-15-9940 FOR: 29 DONALD & DEBORAH SNYDER AT: 345 TUNA LANE, VIRGINIA BEACH, VA 23456," 30 dated April 24, 2015, a copy of which is attached hereto as Exhibit A, and on file in the 31 Department of Public Works and to which reference is made for a more particular 32 description; 33 34 BE IT FURTHER ORDAINED, that the temporary encroachments are 35 expressly subject to those terms, conditions and criteria contained in the Agreement 36 between the City of Virginia Beach and the Snyders (the "Agreement"), an unexecuted 37 copy of which has been presented to the Council in its agenda, and will be recorded among 38 the records of the Clerk's Office of the Circuit Court of the City of Virginia Beach; 39 40 BE IT FURTHER ORDAINED, that the City Manager or his authorized 41 designee is hereby authorized to execute the Agreement; and 42 43 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 44 such time as the Snyders and the City Manager or his authorized designee execute the 45 Agreement. 46 1 11 46 Adopted by the Council of the City of Virginia Beach, Virginia, on the 47 day of , 2015. CA13438 R-1 PREPARED: 10/7/15 \\vbgov.com\dfsl\applications\citylawprod\cycom32\wpdocs\d023\p020\00237593.doc APPROVED AS TO CONTENT: APPROVED AS TO LEGAL S - NCY AND FORM: PUB IC WORKS, REAL ESTAT - • "• ID '�? 1 2 APPROX.145'TO WOOD DUCK DRIVE N PLAN VIEW S SCALE: 1"=40' 4 4\ MB 103,Pg 24 °" 4 APO 2 • 0 N 49'12'00" 88.87' 0" E 4 APO 1 LINE DISTANCES 1-2 35'3" TUNA LANE(60'RAN) 2-3 64'10" 1 APO 3 3-4 16'3" 4-5 25'4" 5-6 46'9" 6-7 26'7" 2 7-8 14'9" R=50.05' 8-9 96'10" A"78. LOT 149 /I 9-10 10'0 SANDBRIDGE SHORES NORTH • APO 4 SECTION 1-B EBB N49'12'00 E o GPIN 2433-15-9940 4" 1 o Q MHW : z ; “ F O MLW ! 10 B @ PIN a •A @ PINE TREE 0 9 n i 20 4.5 ` \a -1 3' • 3 \ Z �' y • .\ n 47- N. , (\:1):f) i / TIE DOWNS • N N C \ ; •5° N 7' A-B 67'5" ', 1 A-1 110'2" APO 4 ♦ 00 c A-2 75'7" I. 35 5 I A-3 59'11" • GPIN 2433-27-3415 , 9' , j j A-4 61'1" • PROPOSED A-5 60'5" k. REPLACEMENT % *1, A-6 81'10" BULKHEAD ` A-7 97.1o" i • G % A-8 95'3" b ,.- /' A-9 78'2" 1 8`. • -'� DETERIOR#TED PIER A-10 69'5" 1 TO BE REMOVED B-1 169'0" - _ B-2 147'9" • DETERIORATED BULKHEAD S 57'00'.. 40.00 / B-3 127'9" TO BE REMOVkD 7 B-4 124'11" /' B-5 115'4" ..N ...' 109'6" i'' B-7 108'10" NOTE:UPLAND AREA CHANNELWARD \'•� SAND BROAD INLET �•,i 13-8 98'0" OF PROPOSED BULKHEAD TO BE _ B-9 12'S" • B-10 2'10" EXCAVATED TO INTERTIDAL AREA ENCROACHMENT EXHIBIT"A" =APPROX.515 SQ.FT. LOCATION:LOT 149,SANDBRIDGE SIGMA ENVIRONMENTAL SERVICES,INC. SHORES NORTH,SECTION 1-B 1513 SANDBRIDGE ROAD GPIN 2433-15-9940 VIRGINIA BEACH,VIRGINIA 23456 (757)615-9974 SHEET 1 OF 1 REVISED:7-1-2015, 8-242015 APOs: PROJECT: REPLACEMENT BULKHEAD, FOR:DONALD&DEBORAH SNYDER BACKFILL 1.MICHAEL&DARLENE KWIATKOWSKI AT: 345 TUNA LANE 2.2801 WOOD DUCK LLC VIRGINIA BEACH,VA 23456 DATUM: 0.00'MLW=-0.4' 1929 NVGD 3.TIMOTHY&KARLA GILL 4.CITY OF VIRGINIA BEACH DATE: APRIL 24,2015 4 / R �� `! S �J • 2433.15.9940 ._ SITE Vi:}••,• ' A....:..-......V...0. N. • . ...:1:(::.::::.::.::.::::::.:::::::..............i.E...::::::::::::.::::::::..........::::!:::::::::!:::,.....,..:::::.•.:::::::::.:::::::::::::::::::::::;:6.:,.....i.:,.. --- y•. • \ •, LOCATION MAP ENCROACHMENT REQUEST FOR OWNERS DONALD SNYDER AND DEBORAH SNYDER Legend 345 TUNA LANE GPIN 2433-15-9940 Water Feet City Properties0 50 100 200 .:pared.y- ng ng. upport Services Bweau W 052015 X-1CAD01ProtectstARC FtleslAGENDA MAaS,Tira Ln:2433-15-9545,"0.3-1.-5545•ry^ Ass 13 - J j. • .T —__ A _ _ . .... ' "114!'.4^""'"•�_. / _ _ zj L _- _ _ -••-.2..-__„...;_•- � ---- ` •..`-gym`� =� I NA3 Virginia Beach DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Compliance, Special Investment Program Nonconforming Use Exception for (EDIP) Changes Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board 4 The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. 4 - * SECTION 1 / APPLICANT DISCLOSURE c4Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. 0 Check here if the APPLICANT IS a corporation, partnership, firm, business, or FOR CITY USE ONLY/All disclosures must be updated two (2)weeks prior to arl Page 1 of 4 Planninq_Commission and City Council meeting that pertains to the application(s). VAPPLICANT NOTIFIED OF HEARING DA I t: NO CHANGES AS OF DA I F: /%-3/ c y � REVISIONS SUBMITTED DAIL I�� urU3-, Virginia Beach other unincorporated organization, AND THEN, complete the following. (A) List the Applicant's name followed by the names of all officers, directors, members, trustees, partners, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes] and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, IIII business, or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name followed by the names of all officers, directors, members, trustees, partners, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary t or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) The disclosures contained in this form are necessary to inform public Page 2 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. Virginia Beach 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. 41 SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER (use additional sheets if needed) 0Accounting and/or preparer of �� your tax return [7,) Architect/ Landscape Architect/ Mccz/A.5 Ass>xi s Land Planner Contract Purchaser(if other than ® the Applicant) - identify purchaser / and purchaser's service providers N A Any other pending or proposed 0 purchaser of the subject property (identify purchaser(s) and "�/ purchaser's service providers) ® ❑ Construction Contractors 4'504,4 44 4,e/com4 0 [� Engineers /Surveyors S96y4 6w0aaeler.wt Se/€.44 cKs �bto v . Asca m-rits ?he disclosures contained in this form are necessary to inform public Page 3 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. I I i I 14\B,.1, Virginia Beach Financing (include current ® ❑ mortgage holders and lenders selected or being considered to 7.oa.w� provide financing for acquisition tti�-tt or construction of the property) i� ❑ Legal Services l�,q��,/ ,Q. P�,t,rce y, in-. P . . Real Estate Brokers / Agents for Tooay Mots 2tI-ry I current and anticipated future SWccc_y Cors rAN)rz, sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have r❑ an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been r scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. Do.IAk.o SNyorti -7-,S-" APPLICANT'S SIGNATURE PRINT NAME DATE 2.1 Ou,•441.0 SNvo14_ ,-1--lc-4 PROPERTY OWNER'S SIGNA URE PRINT NAME ] DATE The disclosures contained in this form are necessary to inform public Page 4 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE(BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C)(4) THIS AGREEMENT, made this day of , 2015, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and Donald SNYDER and Deborah SNYDER, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lot 149" as shown on that certain plat entitled: "SANDBRIDGE SHORES SECTION 1B NORTH PRINCESS ANNE BOROUGH VIRGINIA BEACH, VA," dated June 25, 1967, prepared by Palmer L Smith, which said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 103, at page 24, and being further designated, known, and described as 345 Tuna Lane, Virginia Beach, Virginia 23456; WHEREAS, it is proposed by the Grantee to construct and maintain a proposed replacement bulkhead and remove deteriorated bulkhead and pier (collectively), the "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in re-constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as Sand Broad Inlet the "Encroachment Area"; and GPIN: 2433-27-3415 — City Property GPIN: 2433-15-9940 (345 Tuna Lane) WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "ENCROACHMENT EXHIBIT "A" LOCATION: LOT 149, SANDBRIDGE SHORES NORTH, SECTION 1-B GPIN 2433-15-9940 SHEET 1 OF 1 FOR: DONALD & DEBORAH SNYDER AT: 345 TUNA LANE VIRGINIA BEACH, VA 23456," a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must 2 be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee shall establish and maintain a variable width riparian buffer, which equates to an average of 15 feet in width landward from the shoreline, shall run the entire length of the shoreline, and shall consist of a mulched planting bed and contain a mixture of salt-tolerant shrubs and perennial plants (the "Buffer"). The Buffer shall not be established during the months of June, July, or August, so that it has the greatest likelihood of survivability. The Grantee shall notify the Department of Planning when the Buffer is complete and ready for inspection; an access path, stabilized appropriately to prevent erosion, through the Buffer to the shoreline is allowed. 3 It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, per person injured and property damage per incident, combined, with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the Department of Public Works City Engineer's Office or the Engineering Division of the Department of Public Utilities. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars 4 ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Donald Snyder and Deborah Snyder, the said Grantee, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 201_, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: _ My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of 201_, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public 6 I I i I By M Donald Snyder, Owne By A.P112Mickb� Deborah Snyder, Ow r STATE OFn1J CITY/COUNTY OF IN wit: The foregoing instrument was acknowledged before me this/AV-clay of Nitb , 2015, by Donald Snyder and Debora Snyder, husband and wife. 4/Pt. SEAL) No ary Public MOO tr Notary Registration Number: / 9%3 • ;,, My Commission Expires:Q? /c./ q // 7 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFF CY AND FORM ( 2,)_1thiLi k . _ % 1 SIGNATOR I c. "A'MEYER, PUBLIC WORKS / REAL ESTATE SENIOR CITY ATTORNEY 1111 DATE 8 APPROX. 145'TO WOOD DUCK DRIVE N PLAN VIEW S SCALE: 1"=40' 4 0' MB 103,Pg 24 4 APO 2 0 N 49°12'00" 68.87' 0" E 4 APO 1 LINE DISTANCES 1-2 35'3" TUNA LANE(60'RM/) 2-3 64'10" 1 APO 3 3-4 16'3" - 4-5 25'4" -._ _. 5-6 46'9" -MHW 6-7 26'7" 7-8 14'9" R=50.05' 2 8-9 96'10" A=78. LOT 149 9-10 10'0 SANDBRIDGE SHORES NORTH ;' APO 4 SECTION 1-B EBB N 49°12'00"E 20 cGPIN 2433-15-9940 4° i ° C i • MHW : O i 's F O MLW 10 B @ PIN NS •A @ PINE TREE i 20 0 9 TR 4.5 \ �a U 3 3' a T• i \ I • 4 / TIE DOWNS N A C �� s> ; /' A-B 67'5" ', 1,' � A-1 110'2" •APO 4 A 00 �.,5 • A-2 75'7" A. 35 A-3 59'11" GPIN 2433-27-3415 1 \ 8' j j A-4 61'1" PROPOSED A-5 60'5" REPLACEMENT • *I, A-6 81'10" . -) BULKHEAD S' ` / A-7 97'10" (1 b .-- /•/ A-9 78'2" 8•. R+'T J DETERIOED PIER A-10 69'5" �'-i 7 '/ TO BE REMOVED b • B-1 169'0" 1. B-2 147'9" \ S 5T 00' 40.00' / B-3 1279" DETERIORATED BULKHEAD /• B-4 124'11" TO BE REMOVED /' B-5 115'4" B-6 109'6" ..•• B-7 108'10" NOTE:UPLAND AREA CHANNELWARD "••N SAND BROAD INLET �••i B-8 98 0 OF PROPOSED BULKHEAD TO BE _ B-9 12'S" • B-10 2'10" EXCAVATED TO INTERTIDAL AREA ENCROACHMENT EXHIBIT"A" =APPROX.515 SQ.FT. LOCATION:LOT 149,SANDBRIDGE I SIGMA ENVIRONMENTAL SERVICES,INC. SHORES NORTH,SECTION 1-B 1513 SANDBRIDGE ROAD GPIN 2433-15-9940 VIRGINIA BEACH,VIRGINIA 23456 (757)615-9974 SHEET 1 OF 1 REVISED:7-1-2015, 8-24-2015 APOs: PROJECT: REPLACEMENT BULKHEAD, FOR:DONALD&DEBORAH SNYDER BACKFILL 1.MICHAEL&DARLENE KWIATKOWSKI AT: 345 TUNA LANE 2.2801 WOOD DUCK LLC VIRGINIA BEACH,VA 23456 DATUM: 0.00'MLW=-0.4' 1929 NVGD 3.TIMOTHY&KARLA GILL 4.CITY OF VIRGINIA BEACH DATE: APRIL 24,2015 rr„ ,µNu,A4-, 7' L r` ii •+�syu+ ` ,z,,: ,::;,,- CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Accept and Appropriate Funds from FEMA for the Continued Operation of the Virginia Task Force 2 Urban Search and Rescue Team MEETING DATE: November 3, 2015 • Background: The Federal Emergency Management Agency, the emergency preparedness branch of the Department of Homeland Security, provides funding for Virginia Task Force 2 (VA-TF2), Urban Search and Rescue Team. Funding supports personnel costs, equipment and supplies, facility leasing, training and travel necessary to maintain the Team at an expected level of response capability and state of readiness. The City of Virginia Beach is the sponsoring agency for VA-TF2. • Considerations: FEMA has awarded $1,273,582 to VA-TF2 to support of ongoing expenses for a 36 month period from October 1, 2015 through September 30, 2018. The grant does not require a local match. FEMA provides annual funding at levels necessary to maintain current programs as well as funding to expand team capabilities to meet new threats at a heightened state of readiness. This annual preparedness grant continues funding for 2.25 FTEs, previously approved by City Council in the current FEMA cooperative agreement grant, which is 1 full-time position (Administrative Technician) and 2 part-time positions (Training Manager and Logistics Manager — Total of 1.25 FTE). The grant provides funding for the continuation of facility lease and expenses, replacement of equipment and supplies, training, formal exercise and travel expenses. The program has reached a point where this level of funding is critical to its continuity as a viable program. FEMA assistance of this magnitude is necessary to maintain VA — TF2 at required performance levels. • Public Information: Public information will be coordinated through the normal agenda process. • Recommendation: Adopt the attached budget amendment ordinance. ■ Attachment: Ordinance Recommended Action: Approval Submitting e Department/A : Fire Departmen 019 City Manager: 'y 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 GRANT FUNDS FROM FEMA FOR THE CONTINUED 3 OPERATION OF THE VIRGINIA TASK FORCE 2 4 URBAN SEARCH AND RESCUE TEAM 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 1) $1,273,582 is hereby accepted from the U.S. Department of Homeland 10 Security, Federal Emergency Management Agency, and appropriated, with federal 11 revenues increased accordingly, to the FY 2015-16 Operating Budget of the Fire 12 Department for the FY 2015-16/2016-17 Cooperative Agreement Grant that continues 13 operation of the Virginia Task Force 2 Urban Search and Rescue Team. 14 15 2) 2.25 FTE of current grant-funded positions are hereby approved for the 16 duration of the grant expenditure period and conditioned upon continued grant funding. 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: Q (, , _ Id Budget and Management Services Cit s •'y's •ffice CA13506 R-1 October 7, 2015 aw�crV" •) IL t.l* :k c< ''':", v CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Federal Funds Related to the Mobilization of Virginia Task Force 2 Urban Search and Rescue Team MEETING DATE: November 3, 2015 • Background: The City of Virginia Beach is the sponsoring agency for Virginia Task Force 2, Federal Emergency Management Agency (FEMA) Urban Search and Rescue Team. The team was placed on alert status on October 2, 2015 and activated on October 4, 2015 to assist in the Hurricane Joaquin rescue efforts. There were 80 members of Virginia Task Force 2 that were deployed to assist with search missions in flooded areas of South Carolina. • Considerations: Upon alert and activation, FEMA provides funding to reimburse sponsoring agencies for equipment, supplies and personnel costs incurred to support this event. As the sponsoring agency, the City of Virginia Beach Fire Department is responsible for administrative and fiscal management of the team and its assets. Consistent with previous deployments, the Department of Homeland Security (DHS), FEMA authorized the reimbursement of all eligible expenses related to activation, mobilization, deployment, and demobilization of Virginia Task Force 2. Based on the size and type of deployment, the estimated cost is $1.7 million; however the actual cost will be better known once the reimbursement request documents have been finalized. • Public Information: Public information will be coordinated through the normal agenda process. • Recommendations: Adopt the attached budget amendment. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Fire Department , Ill0 City Manager: t V. 1 AN ORDINANCE TO ACCEPT AND 2 APPROPRIATE FEDERAL FUNDS RELATED 3 TO THE MOBILIZATION OF THE VIRGINIA 4 TASK FORCE 2 URBAN SEARCH AND 5 RESCUE TEAM 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 That $1,700,000 in funding from the Federal Emergency Management 11 Administration is hereby accepted and appropriated, with federal revenue increased 12 accordingly, to the Fire Department's FY 2015-16 Operating Budget for costs 13 associated with the Hurricane Joaquin mobilization. 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: Dv ' _,A • Budget and Management Services Qity A s 1' ice CA13513 R-1 October 13, 2015 4GNW c-, .41 f f 7_ s't C_eva-.+.f -1 'NXF CITY OF VIRGINIA BEACH AGENDA ITEM 1 ITEM: An Ordinance to Accept and Appropriate Grant Funds and to Transfer Funds for Police Marine Patrol Equipment MEETING DATE: November 3, 2015 • Background: The U.S. Department of Homeland Security (DHS), Federal Emergency Management Agency has awarded the Virginia Beach Police Department (VBPD) $107,250 in federal grant funds under the FY 2015 Port Security Grant Program, with a required local match of $35,750. The purpose of the grant is to strengthen the nation's critical infrastructure against risks associated with potential terrorist attacks. To be eligible for this funding, the agency must be a member of an Area Maritime Security Committee and be required to provide port security services. The VBPD is the primary responder in the region and is the only local agency to patrol the waters of both the Atlantic Ocean and the Chesapeake Bay in the Hampton Roads region. Specifically, this grant will fund three projects benefitting the Marine Patrol Unit. The first project will provide nine tactical dry suits and the associated equipment for the Marine Patrol Officers and their Sergeant. This equipment protects against hypothermia when diving in cold water, and protects against pollutants in the water. The second project will provide for the upgrade and replacement of engines in two 29 foot Donzi police vessels. These vessels were obtained with funding from the 2004 Department of Homeland Security Grant Program, and the engines are at the end of their useful life cycle. This includes the engine purchase, labor cost, associated rigging and freight. The final project is the replacement and upgrade of the electronic components for one of the two Metal Shark vessels. These vessels were obtained with funding from the 2009 Department of Homeland Security Grant Program, and have electronic systems that are no longer supported by the manufacturer, which makes repairs and upgrades impossible. The replacement electronic system will be integrated with, and be able to use, the full capabilities of the boats' automated information systems equipment provided by the Virginia Port Authority, which will enhance operational capabilities (e.g., port protection and terrorism prevention, enforcement of boating laws, search and rescue, response to calls for service, and etc.). • Considerations: The grant provides $107,250 of DHS funding and requires a $35,750 match. $28,000 of the match will be funded by the City Garage Internal Service Fund and $7,750 of the match will be funded through the DEA Seized Assets Special Revenue Fund. • Public Information: Public information will be provided through the normal Council Agenda process. e Recommendations: Adopt the attached budget amendment. ■ Attachments: Ordinance Recommended Action: Approval of Ordinance Submitting Department/Agency: Police Department City Manager k `_qt50"1 11 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS AND TO TRANSFER FUNDS FOR POLICE MARINE 3 PATROL EQUIPMENT 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA THAT: 7 8 1) $107,250 is hereby accepted from the Department of Homeland Security and 9 appropriated, with estimated federal revenues increased accordingly, to the FY 2015-16 10 Operating Budget of the Police Department to purchase nine tactical dry suits, upgrade and 11 replace the engines for two Donzi police vessels, and the replacement and upgrade of 12 electronic components for a Metal Shark Vessel; 13 14 2) $28,000 is hereby transferred from the City Garage Internal Service Fund and 15 $7,750 is hereby transferred from the DEA Seized Assets Special Revenue Fund to the FY 16 2015-16 Operating Budget of the Police Department to this new grant to provide the local 17 grant match; and 18 19 3) The City makes no commitment that the equipment purchased with these grant 20 funds will be replaced should the equipment fail or reach the end of its useful life. 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: J-)0,A,) r 2 Budget and Management Services C' orn ' Office CA13516 R-2 October 22, 2015 rX , 4 a 7 1 a/‘J..a lC e' CITY OF VIRGINIA BEACH AGENDA ITEM / ITEM: An Ordinance to Accept and Appropriate State Funds for the Crisis Intervention Team MEETING DATE: November 3, 2015 • Background: The Department of Human Services (DHS) has been awarded $38,227 additional State funding from the Virginia Department of Behavioral Health and Developmental Services (DBHDS) as part of the annual DBHDS Performance Contract. Funding is to be used in the Emergency Services program for the Crisis Intervention Team (CIT). The CIT provides services to reduce negative interactions between individuals with serious mental illness and law enforcement officers, including incidents of violence, and to divert individuals from punitive incarceration to appropriate medical treatment. • Considerations: The $38,227 in funding will be used to provide a full time contract Administrative Assistant. This position will provide administrative assistance and data collection for the Virginia Beach CIT and will partner with agencies and programs to complete reports necessary for the DBHDS and the Department of Human Services. This position will assure continued adherence to The Essential Elements of CIT and will submit CIT Assessment Site data to DBHDS on a quarterly basis and participate in quarterly CIT Assessment Site meetings. This funding is in recognition of the work and accomplishments of the Virginia Beach CIT and the additional resources necessary to undertake additional reporting obligations. The funding will be included in both the FY 2015-16 and FY 2016-17 DBHDS Performance Contract. • Public Information: Public information will be provided through the normal Council Agenda process. • Recommendations: Approval of ordinance • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Department of Human Services City Manager: ` ' . 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE STATE 2 FUNDS FOR THE CRISIS INTERVENTION TEAM 3 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA THAT: 6 7 $38,227 from the Virginia Department of Behavioral Health and Developmental 8 Services is accepted and hereby appropriated, with estimated State revenues increased 9 accordingly, to the Department of Human Services to provide a full-time contractual 10 administrative assistant in the Emergency Services program for the Crisis Intervention 11 Team. 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 ServicesCif Att• e s Office CA13514 R-1 October 19, 2015 K. PLANNING 1. PI TELECOM INFRASTRUCTURE T, LLC and JSW HOLDINGS, LLC for a Conditional Use Permit re a monopole communication tower at 2824 Princess Anne Road (DEFFERED October 20, 2015) DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL [ I i:-pcs?"*, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: PI TELECOM INFRASTRUCTURE T, LLC [Applicant] JSW HOLDINGS, LLC [Owner], Conditional Use Permit (Communication Tower - Monopole), 2824 Princess Anne Road (GPIN 1494468755). COUNCIL DISTRICT — PRINCESS ANNE MEETING DATE: November 3, 2015 • Background: This is a request to construct a 120-foot tall, galvanized steel, monopole communication tower that will accommodate a total of four carriers. City Council deferred this item on October 20, 2015 due to concerns regarding the location of the proposed tower within 53' of vacant property with development potential. • Considerations: The applicant has provided new information indicating that the monopole tower will be designed to collapse within a 50' radius in the event of a structural failure. The letter from the structural engineer is attached for City Council's information. Section 232 of the City Zoning Ordinance requires a minimum side and rear tower setback of 50' from a residential, apartment, mixed-use and agricultural district, however, no tower can be located closer to an existing residential or apartment structure than a distance equal to 125% of the tower height (155' setback for a 120' tall tower). The proposed tower location is 606' from the closest residential structure, 53' from the eastern property line and 102.6' from the western property line. Any new development on adjacent property would only be required to meet regular zoning setbacks. The applicant has committed to reaching out to the adjacent property owners prior to the November 3rd City Council meeting. There was no opposition to the request. • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0 with one abstention, to recommend approval of this request to the City Council with the following conditions: 11 PI Telecom Ingrastructure T, LLC Page 2of3 1. The site shall be developed substantially in conformance with the submitted plan package entitled "Parallel Infrastructure, Proposed 120' Monopole In A New Fenced Compound, Virginia Beach Municipal Complex#2," prepared by BC Architects/Engineers, dated February 18, 2015, which plan package has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 2. Subject to the submission of a full structural report that shall be submitted during final site plan review, the tower shall be designed to accommodate a total of four users in order to provide for future co-location opportunities. 3. A depiction of the location of required FCC hazard safety signage on the site and sign diagrams shall be required during detailed site plan review. 4. As required by Section 202 of the City Zoning Ordinance, the applicant shall obtain a Determination of No Hazard (DNH) to Air Navigation from the Federal Aviation Administration / Obstruction Evaluation office (FAA/OE) and shall submit a copy during detailed site plan review. No building permit shall be issued until the tower is determined to be no hazard to air navigation. 5. The species of the plant material installed on the property as shown on the exhibit entitled, "Landscaping Plan, Virginia Beach Municipal Complex #2," shall be subject to the approval of the Development Services Center, Landscape Architect. Any modifications to the Landscaping Plan, as required by the Landscape Architect shall be depicted on the final plan. In the event that any of the plant material required by section 232 (b) (8) (i) of the City of Virginia Beach Zoning Ordinance dies or becomes diseased, said plant material shall be replaced with the same species or a species approved by the Development Services Center, Landscape Architect. All plant material shall be properly maintained and allowed to grow to a height so as to provide an effective screen of the compound's fence and equipment. 6. To the degree practicable, the applicant shall preserve the mature trees on the site as much as possible, in lieu of clearing and re-planting trees. If approved, City Council may desire to add a 7th condition as follows: 7. The tower shall be a monopole designed to collapse within a radius of 50', as certified by a licensed professional engineer. • Attachments: Vicinity Map Showing Adjacent Property Owners and London Bridge Road Extended Letter from Robert E. Beacom, P.E. New Site Plan Showing 50' Collapse Radius PI Telecom Ingrastructure T, LLC Page 3 of 3 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: \ ` ?' Sabre Industries'" Towers and Poles ft 401 111111111111111111111111111111111111111111.111111111111.1111111111111111111.111. October 21, 2015 Mr. Nathan Byrd BC Architects Engineers, PLC 5661 Columbia Pike, Suite 200 Falls Church, VA 22041-2882 RE: Proposed 120' Sabre Monopole for Virginia Beach Municipal Complex #2, VA Dear Mr. Byrd, Upon receipt of order, we propose to design and supply the above referenced Sabre monopole for a Basic Wind Speed of 93 mph with no ice and 30 mph with 1/2" radial ice, Structure Class II, Exposure Category C and Topographic Category 1 in accordance with the Telecommunications Industry Association Standard ANSI/TIA-222-G, "Structural Standard for Antenna Supporting Structures and Antennas" and an Ultimate Wind Speed of 120 mph (Risk Category II), in accordance with the 2012 International Building Code. When designed according to this standard, the wind pressures and steel strength capacities include several safety factors, resulting in an overall minimum safety factor of 25%. Therefore, it is highly unlikely that the monopole will fail structurally in a wind event where the design wind speed is exceeded within the range of the built-in safety factors. Should the wind speed increase beyond the capacity of the built-in safety factors, to the point of failure of one or more structural elements, the most likely location of the failure would be within the upper portion of the monopole shaft. Assuming that the wind pressure profile is similar to that used to design the monopole, the monopole will buckle at the location of the highest combined stress ratio within the upper portion of the monopole shaft. This is likely to result in the portion of the monopole above "folding over" onto the portion below, essentially collapsing on itself. Please note that this letter only applies to the above referenced monopole designed and manufactured by Sabre Towers & Poles. In the unlikely event of total separation, this would result in the portion above collapsing within a radius of 50 feet. `'r X401, Sincerely, tQ �S' 'RT E• `dtic.No.0 ` - 1 4 Robert E. Beacom, P.E. '�� Design Engineer II I ` .,!;Fssj D ZI f. \_D1,111 f." Sabre Towers and Poles•7101 Southbridge Drive•P.O.Box 658•Sioux City,IA 51102-0658 P:712-258-6690 F:712-279-0814 W:www.SabreTowersandPoles.com I " — N CD 1 \. ‘ 1::1 , ige Z NN II RZ \\ x. I. 0 11 Y U \\ m 1 § C SLS II i $$N .,li � 1 n rig E I. - oE N kw m I 0 • 4:ii ire, „'. ______ __---/ i IT' /.// /� �< w , , . . , / ,, , ,, h.-7 At, ' / // _,,v„ /� 7 A g .,/ N o hF // 1 RN /// u) id5, "":" iN. iia S RI - d Ig I /I IF -: i li• g 1* ( rtri: — /1 a iiVrapiari, ti, 4 -8j-2N ' iii4V 1 i 1 \AA' 1 ' .,o f '''?' I r 4 H I o`y cy�( \ ,/g g W / U .. 'id 1 II 11! 12; i N J I Vi , , 5 ., • v Oe , 0 D 44,4bis,.. .; 2"644%--44,21. . . /„., , oigt, 41.,,, 14/k i P5 2 %w - ; -..- r... . :1---ri;.,'-`\74'."' 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(-4 , •//' c I in - 1 to _ •,. 0 1 Vokvi , • 0 , ,s, * ' A ., .?") 4c-o I . ‘14, , oii,. 04, .U., z i .9,,, ge o g .„- 07 i 49, . 0„, —- - PRINCESS ANNE DISTRICT-Cl.t .n Ann*oai PI TELECOM INFRASTRUCTURE T,LLC ,_.. 't./ 'Farm, I i 3 0310 db VOL AICV I 1 5t.b,eat lis _,.- September 9, 2015 Public .0 Hearing ry at AGI i - II AG2 _ APPLICANT: x PI TELECOM INFRASTRUCTURE TSL LC \ . ( PROPERTY OWNER: ...s. , JSW HOLDINGS, Conditional Use Permit for Communication Tower(monopole) LLC STAFF PLANNER: Carolyn A.K. Smith REQUEST: Conditional Use Permit(communications tower-monopole) ADDRESS/ DESCRIPTION: Property located at 2824 Princess Anne Road GPIN: ELECTION DISTRICT: SITE AREA: AICUZ: 14944687550000 PRINCESS ANNE 4.282 acres 65- 70 dB DNL LEASE AREA: Sub Area 2 4,900 square feet • BACKGROUND / DETAILS OF PROPOSAL The applicant requests a Conditional Use Permit to allow for the installation of a 120-foot tall, galvanized steel, communication tower with a four-foot tall lightning rod. The proposed tower will be able to accommodate up to four sets of antennas. The purpose of the tower is to resolve issues related to a coverage gap in the applicant's tenant's (T-Mobile)wireless network.According to the application, there is a Dominion Virginia Power high power transmission tower approximately one mile to the north of this site. T-Mobile will be installing antennas on the transmission tower, along with constructing the proposed wireless communication tower, in order to satisfy T-Mobile's sizable coverage gap along Princess Anne Road. The applicant has submitted coverage maps, provided at the end of this report, depicting this deficiency. The applicant conducted a balloon test to simulate the visual impact of the tower from a number of angles. These photo simulations are included in this report. At least during the summer months when PI TELECOM INFRASTRUCTURE T, LLC Agenda Item 3 Page 1 the leaves are on the trees, the balloon was not visible from the adjacent Christopher Farms neighborhood. The site consists of a single family dwelling on an agriculturally zoned parcel. The tower is proposed approximately 250 feet from Princess Anne Road and 53 feet from the side property line, exceeding both the minimum front and side yard setbacks of 50 feet. The Zoning Ordinance requires a minimum setback of 155 feet(125 percent of the tower height)from the nearest residential or apartment structure. With the existing home located 600 feet to the north of the proposed tower, this requirement is met. The submitted plan depicts a 2,500 square foot, fenced area within a total lease area of 4,900 square feet. The fenced in compound provides space for up to four carriers. According to the submitted plan, the anchor tenant, T-Mobile, will lease a 15-foot by 20-foot space that will house the tower and associated ground equipment that connects to the tower via an ice bridge. Vehicular access and utility easements will be established and are depicted on the plan. A landscaping plan was submitted with the application, depicting 5-foot high shrubs along the outside perimeter of the compound with evergreen and deciduous trees interspersed. 4 • LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Single family dwelling SURROUNDING LAND North: • Single family dwelling, woods/ R-7.5 Residential District, USE AND ZONING: AG-1 Agricultural District South: • Princess Anne Road • Single family dwellings/AG-2 Agricultural District East: • Vacant wooded area/AG-1 &AG-2 Agricultural Districts West: • Vacant wooded area/AG-1 &AG-2 Agricultural Districts NATURAL RESOURCE AND The site is in the Southern Rivers watershed. It is partially wooded CULTURAL FEATURES: with some cleared areas for the driveway and where the existing house and shed are located. There do not appear to be any significant environmental or cultural features on the property. COMPREHENSIVE PLAN: The Comprehensive Plan identifies this parcel as being within the Princess Anne Special Economic Growth Area(SEGA 4). More specifically, the subject site lies within North Princess Anne Commons which serves as the principal gateway to the Virginia Beach Municipal Center and houses several premiere educational, recreational, and medical campuses. The subject site is also impacted by the 65-70 dB LDN Air Installation Compatible Use Zone (AICUZ) noise zone/Sub-Area 2 designation. Despite being constrained by AICUZ restrictions, Princess Anne SEGA 4 still offers a unique opportunity for education, entertainment, recreational, habitat preservation, and quality economic development opportunities. The Design Guidelines for Princess Anne Commons are to be applied to the North Princess Anne Commons. (pp. 4-1 to 4-10) PI TELECOM INFRASTRUCTURE T, LLC Agenda Item 3 Page 2 4 • EVALUATION AND RECOMMENDATION The proposed wireless communication tower meets the relevant provisions of Section 232 of the City Zoning Ordinance, which provides the Specific Standards for the evaluation of Communication Towers. The applicant's primary tenant, T-Mobile, has a sizable gap in coverage along Princess Anne Road between Landstown High School and the City of Virginia Beach Municipal Complex, including the surrounding residential and commercial areas. This proposed tower, along with antennas that will be added to an existing Dominion Virginia Power high power transmission tower to the north, will fill that gap as well as provide opportunity for three other providers to collocate. The application indicates that T- Mobile first looked to fill the coverage gap by collocating on nearby tall structures or existing towers. As described above, T-Mobile has plans to install an antenna on an existing high power transmission tower as part of their strategy, as well as construct a communication tower to enhance service for this area. The applicant has provided the required Radio Frequency Emissions Report from a licensed engineer indicating that the tower antennas would be compliant with the Federal Communication Commission's regulations regarding the maximum permitted exposure levels to non-ionizing radiation. The applicant has provided a letter from a licensed engineer indicating that the tower would be designed to meet or exceed industry standards as defined by TIA/EIA-222-G. The tower will be designed to accommodate a total of four carriers and a full structural report will be required during detailed site plan review. The Conditional Use Permit request for a communication tower within an existing wooded area is generally consistent with the Comprehensive Plan's land use policies for the Princess Anne Special Economic Growth Area 4 with regard to compatibility with surroundings and serves to expand the communication network. The balloon test revealed that the existing mature trees in the vicinity of the proposed tower will conceal most of the tower as well as conceal the ground equipment from view. Based on Staffs evaluation, particularly with regard to compliance with the standards for communication towers as provided by Section 232 of the Zoning Ordinance, approval of this request with the conditions below is recommended. 4 CONDITIONS 1. The site shall be developed substantially in conformance with the submitted plan package entitled "Parallel Infrastructure, Proposed 120' Monopole In A New Fenced Compound, Virginia Beach Municipal Complex#2," prepared by BC Architects/Engineers, dated February 18, 2015, which plan package has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 2. Subject to the submission of a full structural report that shall be submitted during final site plan review, the tower shall be designed to accommodate a total of four users in order to provide for future co-location opportunities. 3. A depiction of the location of required FCC hazard safety signage on the site and sign diagrams PI TELECOM INFRASTRUCTURE T, LLC Agenda Item 3 Page 3 shall be required during detailed site plan review. 4. As required by Section 202 of the City Zoning Ordinance, the applicant shall obtain a Determination of No Hazard (DNH)to Air Navigation from the Federal Aviation Administration/ Obstruction Evaluation office(FAA/OE)and shall submit a copy during detailed site plan review. No building permit shall be issued until the tower is determined to be no hazard to air navigation. 5. The species of the plant material installed on the property as shown on the exhibit entitled, "Landscaping Plan, Virginia Beach Municipal Complex#2," shall be subject to the approval of the Development Services Center, Landscape Architect. Any modifications to the Landscaping Plan, as required by the Landscape Architect shall be depicted on the final plan. In the event that any of the plant material required by section 232 (b)(8)(i)of the City of Virginia Beach Zoning Ordinance dies or becomes diseased, said plant material shall be replaced with the same species or a species approved by the Development Services Center, Landscape Architect. All plant material shall be properly maintained and allowed to grow to a height so as to provide an effective screen of the compound's fence and equipment. 6. To the degree practicable, the applicant shall preserve the mature trees on the site as much as possible, in lieu of clearing and re-planting trees. NOTE:Further conditions maybe required during the administration of applicable City Ordinances. Plans submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. PI TELECOM INFRASTRUCTURE;T, LLC Agenda Item 3 Page 4 a � • � ` + Q. 314 a 0 0 U AERIAL OF SITE LOCATION PI TELECOM INFRASTRUCTURE T, LLC Agenda Item 3 Page 5 ""q 5: 4itof,=i1VNit V ::gin "' '''m 14 1 iliii if —1 glYR 11 h I 1 l'''I I 2Rvil f„ Pgzahhtli:g._ .. 1 9.6.6664 .01,96 19 91'1 _A X toad SJ — ---,— — ____ +II: \ IN, 1 \ \ N I \ \\ , ' \\.\ 114' '?"1 '6 1 \ \ I , / --- q , 1 5, fiPli / k - I/ CO/ el \ X7— i/ r°' ' r I I I /I \ , ?- , ... , _ , .fill, '--1 .,,J -- _ , ,;•E' ' 1 I I 1 t 1 - ..A:., , •• 1.!•,' ' 1 '=':. ",i.;-V • i ;\ , ' 0 , 1 -S:$4i,\N I - i'W ''' 11 ih ::,-,:g \ ,••.', s .8 1111 1111 / 1 0:.;:j Pf.liy" \ gC' 1 .it PROPOSED SITE LAYOUT PI TELECOM INFRASTRUCTURET, LLC Agenda Item 3 Page 6 8, @i 40 ipgiip, 1 a 11 1giiii c) ::lor I 4 i i i 1 5 a 41 it I 11-I^ 17 A43 1 , 1111:4$ag,a li @CCyg;p il a c igaa -: R 1 A ip i 1i; 1 .a.,av vu w •31,1,11.n 11.II.IWw-, 4 •ii ii ab ----- / 11 : 18 ' 5 l2 t. R n ,.Dr .aae c:e.-co TOWER ELEVATION PI TELECOM INFRASTRUCTURE T, LLC Agenda Item 3 Page 8 1 II TO El PIO S� :gid�leD� •ys �: !1 1 1 1 d z ti” I lei.? 1. itfi ti.fli ". f S U I L a i x %. q m LOW SI Ln 610100,t 'II) _ M 4 i d lig — I li !I I S .; � � X44/ 1 J . t , , p� I�I a'ill wg 3 lc, 1- Iwij 9 .t waw t h �« e � i!,\ a ! � _ 4@x :yu�' iI� s 4 N\= Z _ _ _ _ _ _ _ _ z _ _ pp@@ At,=! '- , 000000 , 41w I ! I— gkbi fl E �.1i r L_ IL.../ �� '' 22 It::1Aaa i i . . I i11100QO O ' ffl [Si �Y{ (y Qg` p® 9y _ P.1. A -r 11 1 I 9 I 9- -,;-,,,, 1]o„ M i-/e»a e-r/z/..deo ear+n 4<+e vr�.mwv,..•iw xw=</six-.awe.p/:4 ei tiii rxflI Sew Si-ei-tn LANDSCAPE PLAN PI TELECOM INFRASTRUCTURE T, LLC Agenda Item 3 Page 9 cg8 74 J Il k 1 . 4gam"0 61M il '` P � ■.■ > CU ; I' t - I tiD CU . ipit 4.44,11;_ . d tli U t . f it MOC 4-1 X W COVERAGE GAP PI TELECOM INFRASTRUCTURE T, LLC Agenda Item 3 Page 10 a. 4. j joh:,, M r ■ CONV .a1 L. lD N „:111:6 464e v }, E - U •� ( - N ^^,, 0 a�)/� , , y co ^L W\ O U L.) cc W N I— - J M d 0 0 U II :1.4 M COVERAGE GAINED WITH ADDITION OF ANTENNA ON DOMINION TRANSMISSION TOWER PI TELECOM INFRASTRUCTURE T, LLC Agenda Item 3 Page 11 � , � J r 1. E • k3 11 b. 441 1 . QP.-. • MU _ CG WI 1. .et ki, 714 irf Qn X o it a LO , . a O ��'j U Q e tf, �l� Air -,k . cs , .., , , co ..... (1) ! < f tel f6 L... a) 0 U W J z w W ,,,°:. 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N Ca c - 53 f / Q / > m //// PHOTO LOCATION LOG PI TELECOM INFRASTRUCTURE T, LLC Agenda Item 3 Page 14 4, - 0 N 4 o se '+ p t S z p f' r ), t w. s r., r N " .I f A� NZ ' w t- = w g oLL W Q° f0 R .44 Q a < 2 `I5 LQ • .♦ P,. m t7 N J »f Q O ¢ Ltl m =c Z J ¢ a N ar Qwo > ¢J A' 0—�CdaZ uW Uh wzt z• C 1 C Z S — 2Q � ` WN : w� . \ \ / ^ j p . . \ \ g y t . . ril •. : / \ f / » » •• ` - .\\ . / m gym § Ogi) . \ . • } \: w ' ',•. O\ };'+ � . • �y � \ :\ y D \ . . < , ? ` 1 2 © y\ , ':‘� f .f \ \ § { y_ \ \/ \ ° � . . y - : ,\ 3 yam \ . . \ / / k u * %q § _W/ w ° u § � ) j i faE « a .. § !6 �m . COLLI EEC 7 ) () u- « o «_1a !! �$ ' z 2 a. > mt \ ^ g 7 § z �' ! . . , , jg22 !/ ( � «®C �� ( \ \ _ 2 \ § ; \ \ 2 � " � \\ ' _I BALLOON TEST PHOTO FROM PRINCESS ANNE ROAD, VIEW #2 PI TELECOM INFRASTRUCTURE T, LLC Agenda Item 3 Page 16 N.lir � . . . . \ : ! , ƒ%. . . . . 2 <® 14 2\\ � ` - © . i AL • . . . y : g . . . � ... \ ��, � . a. !«6 . ©CD. . . «ay \ . ` n . r— CD I - , \ ii I ( k ( �C n. * \§ Cr . 3 � § j L( �) > / « a « _` » t< 0 § 3 —/ .S y . . « Q5 � - EcE �\ ~ ` \ : z � U22gk O.) f . d g 5 2 \ : \ . _ o- « o \§ 0 1 < 2 ) < « : �2 � \ } } . \ = ■ © \ - 2E. k \ . [4.1 \ t ` k X ' , BALLOON TEST PHOTO FROM PRINCESS ANNE ROAD, VIEW #3 PI TELECOM INFRASTRUCTURE T, LLC Agenda Item 3 Page 17 II PRINCESS ANNE DISTRICT- 2824 Princess Anne Road PI TELECOM INFRASTRUCTURE T, LLC / N i, __ii/ 4 r / I 65-70 db DNL AIC Z \\ "� Sub Area 2 - �I mu ,-. att AG1 -` ' i- AG2t �' y. j I s '' f E2 7j. A Cep SS 9'hI Ani P7N: fl W • - ,/ \� , -- ( Conditional Use Permit for Communication Tower(monopole) ZONING HISTORY # DATE REQUEST ACTION 1 11/18/2014 REZ(AG-1 &AG-2 to PD-H2 (R-5D)) Denied 2 03/14/2000 CUP (outdoor recreation—golf) Granted PI TELECOM INFRASTRUCTURE T, LLC Agenda Item 3 Page 18 Mi3• Virginia Beach DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include,but are not limited to,the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board .— The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE 111 Check here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. CCheck here if the APPLICANT IS a corporation, partnership, firm, business, or FOR CITY USE ONLY/All disclosures must he updated two(2)weeks prior to any Page 1 of 4 Planning Commission and City Council meeting that del tains to the applicaticnts;. �1 O APPLICANT NOTIFIED OF HEARING DATE NO CHANGES AS OF hd REVISIONS SUBMITTED DATE /69., =/j DATE DISCLOSURE STATEMENT PI TELECOM INFRASTRUCTURET, LLC Agenda Item 3 Page 19 I1 11 AB Virginia Beach other unincorporated organization,AND THEN,complete the following. (A) List the Applicant's name followed by the names of all officers,directors, members,trustees, partners,etc.below: (Attach list if necessary) Parallel-In rastrusttfre"See attadted" - (B) List the businesses that have a parent-subsidiary i or affiliated business entity 2 relationship with the (Attach list if necessary) - .X � zrki(.t ,f(k See next page for information pertaining to footnotes' and 2 s SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. El Check here if the PROPERTY OWNER IS NOT a corporation,partnership,firm, business,or other unincorporated organization. ri Check here if the PROPERTY OWNER IS a corporation, partnership,firm, business,or other unincorporated organization,AND THEN,complete the following. (A) List the Property Owner's name followed by the names of all officers,directors, members,trustees, partners,etc.below: (Attach list if necessary) JSW Holdings,LLC"See attached" (B) List the businesses that have a parent-subsidiary t or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) t .---4- ., 1 L The disclosures contained in this form are necessary to inform public Page 2 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. DISCLOSURE STATEMENT PI TELECOM INFRASTRUCTURE T, LLC Agenda Item 3 Page 20 1 Virginia Beach Financing(include current ❑ 14 mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Z0 Legal Services LeClairRyan Real Estate Brokers/Agents for ❑ current and anticipated future sales of the subject property • • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have 11] an interest in the subject land or any proposed development 4 contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any/publ' body or committee in connection with this Application. " i i lntrastructure�'�eu$*(PrE 7/c (ic AT'S SIGNATURE PRINT NAME DATE JSW Holdings,LLC PROPERTY OWNER'S SIGNATURE PRINT NAME I DATE The disclosures contained in this form are necessary to inform public Page 4 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. DISCLOSURE STATEMENT PI TELECOM INFRASTRUCTURE T, LLC Agenda Item 3 Page 22 V/3 Virginia Beach Financing(include current fl {Tl mortgage holders and lenders lbselected or being considered to provide financing for acquisition or construction of the property) 111 C Legal Services LeClairRyan Real Estate Brokers/Agents for Elcurrent and anticipated future sales of the subject property t a SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have � an interest in the subject land or any proposed development 11Inl contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing,I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. Pare:Het-hifi at,uctare APPLI T'S SI NATURE PRINT NAME DATE 111J JSW Holdings,LLC a/ _0 /5-- 1 / PROPERTY WNE IGNA ••E PRINT NAME I DA I�t 1 The disclosures contained in this form are necessary to inform public Page 4 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. DISCLOSURE STATEMENT PI TELECOM INFRASTRUCTURE T, LLC Agenda Item 3 Page 23 II Conditional Use Permit Application PI Telecom Infrastructure T,LLC 120-Foot Monopole Communication Tower With a 4-Foot Lightning Rod 2824 Princess Anne Road("Property") Attachment to Disclosure Statement Form Section I—Applicant Disclosure: A) PI Telecom Infrastructure T,LLC is the wholly owned subsidiary of PI Telecom Mezzanine A LLC. Its corporate officers are as follows: Yannis Macheras—President Vincent Signorello—Vice President Kolleen O.P.Cobb—Vice President/Secretary Juan(Rusty)Godoy—Vice President/Treasurer/Asst.Secretary Ron Bittner—Vice President Brad Balduf—Vice President (See attached Certificate of Incumbency) B) Below is a list of entities related to PI Telecom Infrastructure T,LLC: Florida East Coast Industries,LLC; Parallel Infrastructure Holdings LLC; PI Telecom Holdings LLC; PI Telecom Mezzanine B LLC;and P1 Telecom Mezzanine A LLC(Parent) (See attached Organizational Chart) Section 2—Property Owner Disclosure. A) The Members of JSW Holdings,LLC are as follows: Joseph A.Walton; Gail H.Walton;and Joseph F.Walton. B) Below is a list of entities related to JSW Holdings,LLC: Walton Funeral Home,L.L.C.;and JSW Corporation. DISCLOSURE STATEMENT PI TELECOM INFRASTRUCTURET, LLC Agenda Item 3 Page 24 CiF..RTIFICATE OF INCIMBENCY The undersigned, Kolleen 0P. Cobb, as Secretary of PI Telecom Infrastnicturc T, LTC, a Delaware limited liability company (the"Company"), does hereby certify that the following named individuals are duly elected,qualified and acting officers of the Company,holding the offices sot forth opposite their respective names and arc authorized to sign documentation in furtherance of any tninsaction.contract or agreement involving the Company.which transaction, contact or agreement is authorized by the Company ad does not violate the Company',s articles of organization or operating agreement, Name Office Yatmis Machetas President Vincent Signorello Vice President Kolleen O.P.Cobb Vice PresidentiSretary Juan(Rusty)Godoy Vice PresidentiTreasuredAsst.Secretary Ron Riitner Vice President Brad Baidul Vice President IN WITNESS WHEREOF. the undersigned has executed this Certification and Certificate of Incumbency as of May Li ,2015. PI TELECOM INFRASTRUCTURE T,LLC, a DelawtateArnited liability company •-- Koliqen P.P.`Cobb,as Secretary k STATE OF FLORIDA. )ss: COUNTY OF MIAMI-DADE ) 17i The foregoing iristrument was acknowledged before MC this ,44day of May,2015,by Kolleen Cobb,as Secretary of PI TELECOM INFRASTRUCTURE T,LLC,a Delaware limited IitNlity company,(n behalf of said limited liability-company,who is personally known to me or has produced as identification. 4 j I --- ' A... Print Name: :„. NOtary Public in and few the County and State aforesaid. My Commission Expire : DISCLOSURE STATEMENT „ . PI TELECOM INFRASTRUCTURET, LLC Agenda Item 3 Page 25 ;) da, • ele ezzanine B mw..r.. cast cut S. DISCLOSURE STATEMENT PI TELECOM INFRASTRUCTURE{rT, LLC Agenda Item 3 Page 26 11 Item#3 PI Telecom Infrastructure T, L.L.C. Conditional Use Permit 2824 Princess Anne Road District 7 Princess Anne September 9,2015 CONSENT An application of PI Telecom Infrastructure T, L.L.C.for a Conditional Use Permit(communications tower-monopole)on property located at 2824 Princess Anne Road, District 7, Princess Anne. GPIN: 14944687550000. CONDITIONS 1. The site shall be developed substantially in conformance with the submitted plan package entitled "Parallel Infrastructure, Proposed 120' Monopole In A New Fenced Compound,Virginia Beach Municipal Complex#2," prepared by BC Architects/Engineers, dated February 18, 2015,which plan package has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 2. Subject to the submission of a full structural report that shall be submitted during final site plan review,the tower shall be designed to accommodate a total of four users in order to provide for future co-location opportunities. 3. A depiction of the location of required FCC hazard safety signage on the site and sign diagrams shall be required during detailed site plan review. 4. As required by Section 202 of the City Zoning Ordinance,the applicant shall obtain a Determination of No Hazard (DNH)to Air Navigation from the Federal Aviation Administration/Obstruction Evaluation office(FAA/OE)and shall submit a copy during detailed site plan review. No building permit shall be issued until the tower is determined to be no hazard to air navigation. 5. The species of the plant material installed on the property as shown on the exhibit entitled, "Landscaping Plan,Virginia Beach Municipal Complex#2,"shall be subject to the approval of the Development Services Center, Landscape Architect. Any modifications to the Landscaping Plan,as required by the Landscape Architect shall be depicted on the final plan. In the event that any of the plant material required by section 232 (b) (8) (i)of the City of Virginia Beach Zoning Ordinance dies or becomes diseased, said plant material shall be replaced with the same species or a species approved by the Development Services Center, Landscape Architect. All plant material shall be properly maintained and allowed to grow to a height so as to provide an effective screen of the compound's fence and equipment. 6. To the degree practicable,the applicant shall preserve the mature trees on the site as much as possible, in lieu of clearing and re-planting trees. II Item#3 PI Telecom Infrastructure T, L.L.C. Page 2 A motion was made by Commissioner Thornton and seconded by Commissioner Rucinski to approve item 3. AYE 10 NAY 0 ABS 0 ABSENT 1 BROCKWELL AYE HODGSON AYE I N MAN AYE KWASNY AYE OLIVER AYE RIPLEY AYE RUSSO AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 10-0,the Commission approved item 3 by consent. Lisa Murphy appeared before the Commission on behalf of the applicant. I II i I L. APPOINTMENTS ARTS and HUMANTITIES COMMISSION BEACHES and WATERWAYS ADVISORY COMMISSION BIKEWAYS and TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS-PLUMBING/MECHANICAL BOARD OF ZONING APPEALS CHESAPEAKE BAY PRESERVATION AREA BOARD COMMUNITY SERVICES BOARD—CSB GREEN RIBBON COMMITTEE HEALTH SERVICES ADVISORY BOARD HISTORICAL PRESERVATION COMMISSION HISTORICAL REVIEW BOARD PARKS and RECREATION COMMISSION PLANNING COMMISSION RESORT ADVISORY COMMISSION (RAC) SENIOR SERVICES OF SOUTHEASTERN VIRGINIA TRANSITION AREA INTERFACILITY TRAFFIC AREA (ITA) VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION WETLANDS BOARD WORKFORCE HOUSING ADVISORY BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT 2015 CITY COUNCIL MEETINGS November 10, 2015 Workshop November 17, 2015 Informal/Formal Sessions November 24, 2015 Workshop December 1, 2015 Informal/Formal Sessions December 8, 2015 Informa/Formal Sessions 2015 CITY HOLIDAYS Wednesday,November 11 Veterans Day Thursday,November 26 Thanksgiving Day Friday, November 27 Day After Thanksgiving Thursday, December 24 Christmas Eve (half-day) Friday, December 25 Christmas Day *********************** 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 ****************************** I II i I CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 S D S DATE 10/20/2015 PAGE: 1 A - ✓ H S AGENDA E H A E W ITEM# SUBJECT MOTION VOTE N E J MSU I P DNOK MMS H L W O Y L N A O O O R S 0 R E E EN SNM I 00 T R Y S E S DS NND CITY COUNCIL'S BRIEFING Robert Jones, President HISTORIC HOUSE FOUNDATION Historic Houses Strategic Plan Foundation II CITY MANAGER'S BRIEFING Warren Harris, Director BIO INITIATIVE Economic Development III/IVN/ CERTIFICATION OF CLOSED CERTIFIED 11 -0 Y Y Y Y Y Y Y Y Y Y Y VLA-E SESSION A VI.F MINUTES APPROVED 10-0 Y Y Y Y Y Y Y Y Y B Y October 6,2015 S T A N E D Added MAYOR'S PRESENTATIONS National Young To Marine Unit Agenda PROCLAMATION:"Red Ribbon Week" VI.H PUBLIC HEARINGS I. EXCESS CITY PROPERTY a. 704 Hampshire Lane — African 3 Speakers American Cultural Center,Inc. b. 2750 Elbow Road — (adjacent to No Speakers Stumpy Lake) 2. AMEND FY 2016 CAPITAL 9 Speakers BUDGET—Light Rail 1.1 Ordinances to AMEND the City Code DEFERRED,BY 11 -0 Y Y Y Y Y Y Y Y Y Y Y re compliance with the Code of Virginia: CONSENT TO 11/17/15 a. Sections re descriptions, authorizations for EMS,Fire medical services b. Sections re biennial license renewal for EMS 1.2 Ordinance to ADD Section 35-64.1 to the ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y City Code re exclusion of Reverse CONSENT Mortgage payments in calculation of income for the Elderly, Disabled Tax Relief,effective immediately CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 S D S DATE 10/20/2015 PAGE: 2 A - ✓ H S AGENDA E H A E W ITEM# SUBJECT MOTION VOTE N E J MS U I P DN OK MMS H LW O Y L N A O O O R S 0 R EEENSNM I 00 T R Y S E S DS NND 1.3 Resolution to ADOPT the 2016 Adopted,by Consent 11-0 y y y A Y N Y Y Y Y Y Legislative Agenda EXCEPT Item 20 Lost 4,6,18 to No Second S T A 1 N E D 19 1.4 Resolution to SUPPORT applications to ADOPTED,BY (VDOT)for: CONSENT a. Revenue Sharing Program re 10—0 Y Y Y Y Y Y Y Y Y Y Rosemont Road Phase V/Princess S Anne Road Phase VII A N IJ b. Transportation Alternatives re 11—0 Y Y Y Y Y Y Y Y Y Y Y Salem Road/West Great Neck Road/Providence Road/ Independence Boulevard/Baxter Road sidewalk projects 1.5 Ordinance to AMEND the CIP/FY 2016 MOTION TO Budget/ESTABLISH a Mitigation ADOPT FAILED account re Light Rail FOR LACK OF SECOND 1.6 Ordinance to DECLARE 704 Hampshire ADOPTED 11-0 Y Y Y Y Y Y Y Y Y Y Y Lane as EXCESS PROPERTY/ AUTHORIZE the necessary documents to convey same to the African American Cultural Center,Inc. 1.7 Ordinance to DECLARE 2750 Elbow ADOPTED,BY 11—0 Y Y Y Y Y Y Y Y Y Y Y Road as EXCESS PROPERTY/ CONSENT AUTHORIZE dedication to Chesapeake 1.8 Resolution to APPOINT Kathleen A. ADOPTED,BY 11—0 Y Y Y Y Y Y Y Y Y Y Y Keffer as Assistant City Attorney CONSENT 1.9 Ordinance to AUTHORIZE ADOPTED/ 9- 1 Y Y Y Y Y Y N A Y Y Y encroachments into City's ROW at CONDITIONED B 1700 River Court in behalf of GEORGE S P.JR./JOYCE P.LYON E DISTRICT 5—LYNNHAVEN N T I I I CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 S D S DATE 10/20/2015 PAGE: 3 A - ✓ H S AGENDA E H A E W ITEM# SUBJECT MOTION VOTE N E J MS U I P DNOK MMS H L W O Y L NA O O O R S 0 R E E ENSNM I 00 T R Y S E SDSNND 1.10 Ordinance to TRANSFER$419,610 to ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y the Sheriff re horizontal compression CONSENT adjustments for Deputies: a. $104,924 from Sheriff's Reserve for Contingencies b.$314,686 from current General Fund Compression Reserve LARAE TUCKER/PP&P,LLC CUP re NO ACTION auto service at 3001 Silina Drive DISTRICT 6—BEACH K.1 SHIP CABIN CLUB,INC/RED APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y HEAD REALTY CORPORATION CONDITIONED,BY enlargement of a Nonconforming Use at CONSENT 1117 Shipps Cabin Road DISTRICT 7—PRINCESS ANNE K.2 PI TELECOM INFRASTRUCTURE DEFERRED TO 10-0 Y Y Y Y Y Y Y A Y Y Y T,LLC/JSW HOLDINGS,LLC CUP re 11/03/15 B a monopole communication tower at S 2824 Princess Anne Road E DISTRICT 7—PRINCESS ANNE N T K.3 LARAE TUCKER/MARJORIE E. APPROVED/ 11 -0 Y Y Y Y Y Y Y Y Y Y Y HARRIS,RT CUP re auto service at CONDITIONED,BY 2456 Virginia Beach Blvd CONSENT DISTRICT 6—BEACH K.4 WAL-MART REAL ESTATE APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y BUSINESS TRUST/HILLTOP CONDITIONED,BY COPELAND ASSOC CUP re auto CONSENT repair at 550 First Colonial Road DISTRICT 6—BEACH K.5 HOLLOMON BROWN FUNERAL APPROVED AS 9-0 Y Y Y A Y Y Y Y Y Y A HOME,INC.Conditional COZ from R- PROFFERED,BY B B 5D to 0-2 1461 Kempsville Road CONSENT S S DISTRICT 2—KEMPSVILLE T T A A I N N E E D D CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 S D S DATE 10/20/2015 PAGE: 4 A - ✓ H S AGENDA E H A E W ITEM# SUBJECT MOTION VOTE N E J MS U I P DNOK MMS H L W O Y L N A O O O R S 0 R EE EN S NM I 0 0 T R Y S E S DSNND K.6 CCW DEVELOPMENT ASSOC/ APPROVED AS 10-0 Y Y Y Y Y Y Y A Y Y Y WAYNE DUPREE Conditional COZ PROFFERED,BY B from A-12 to Conditional A-12 to vary CONSENT S coverage for single family dwellings at T 596 Sea Oats Way A DISTRICT 6—BEACH N E D L APPOINTMENTS BEACHES and WATERWAYS RESCHEDULED BY 11 -0 Y Y Y Y Y Y Y Y Y Y Y ADVISORY COMMISSION CONSENSUS BIKEWAYS and TRAILS ADVISORY COMMITTEE COMMUNITY SERVICES BOARD TRANSITION AREA INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY COMMITTEE WETLANDS BOARD WORKFORCE HOUSING ADVISORY BOARD HISTORIC PRESERVATION Appointed: 10-0 Y Y Y Y Y Y Y A Y Y Y COMMISSION 10/15/15—6/30/16 B Chloe Cohen,Senior S Taylor Lavin,Senior E N T HISTORICAL REVIEW BOARD Appointed 2 year term: 10-0 Y Y Y Y Y Y Y A Y Y Y 11/01/15—10/31/17 B Damian Seitz S E N T M/N/O ADJOURNMENT 8:04 PM