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JANUARY 19, 2016 AGENDACITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR WULLAMD. �W JR., Ai -Law VICEMAYOR LOUISR JOhEI, Aa�jde - DuM�4 M RVVIAMINDAVEMBORT. AIL�W ROBERTML)YEk �nl�dk-Db&I&I IIARIIAM M, HENLEY, ftj� Anw -Dw,,'a 7 SHANNONDS � R— Hall - D.Iril 3 JOHNI), y= ALAW AMELIA R�HAMMOND, K��Ilk -D.1 2 JOHNE. LWIU?L 8��k-Dw&w 6 R�"Y WILSON AI-L� JAMUL, WOVDJY�—�u�idJ CITY COUNCIL APPOINTEES �MAXAGER - PVTERIM- DOUGLAS L. IiMIM =AMMEY- MAAK R STILES =AI=VR-J�L). RANAGAN =AUDIMR - LVIDON1 ADAW CIFYCLERK - R1773YHODGES FRASER. MMC CITY COUNCIL AGENDA 19 January 2016 MAYOR WILLIAM D. SESSOMS, JR. PRESIDING it CILYHAUBUILDING 2401 COUR771OUSEDNVE VIRGINIA MCH, VIRGINIA 23456-9005 PHONE. (757) 3854303 FAX(757)385-5M9 E-M41L:C0vnc1@vbgo�mm I. INFORMAL SESSSION - Conference Room - 1:30 — 3:30 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION Il. JOINT CITY COUNCIL/SCHOOL BOARD BRIEFING - Building 19 - 3:30 — 4:30 PM A. BROADBAND TASK FORCE UPDATE David L. Hanson, Deputy City Manager Mattliew B. Arvay, COMIT - Direetor III. CITY MANAGER'S BRIEFING - Conference Room - 4:30 PM A. BURTON STATION COST PARTICIPATION AGREEMENT David L. Hanson, Deputy City Manager B. 15o'STREETPIER Douglas L. Smitli, Interim City Manager IV. CITY COUNCIL COMMENTS V. CITY COUNCIL AGENDA REVIEW VI. INFORMAL SESSION - Conference Room - 5:15 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: Chaplain Lt. Joseph Gilliam Naval Air Station Oceana, C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSIONS January 19, 2016 F. MINUTES CLOSED INTERVIEW SESSION December 11, 2015 INFORMAL and FORMAL SESSIONS January 5, 2016 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. MAYOR'S PRESENTATION 1. RESOLUTION IN RD Fred Wbythe - STIFIL 1. PUBLIC HEARING 1. ACQUISITION BY AGREEMENT OR CONDEMNATION Muddy Crock Road and Indian River Road Culvert Improvernents J. ORDINANCES/RESOLUTIONS 1. Resolution to SUPPORT the continuation of the Southeastern Public Service Authority (SPSA) as the Regional Solid Waste Management System 2. Ordinance to AUTHORIZE the execution of a Cost Participation Agreement with S&J Track Terminal, Inc. re Burton Station/Baker Road drainage improvement project 3. Ordinances to AUTHORIZE the ACQUISITION of property: a. Culverttdrainage improvements at Muddy Creek and Indian River Roads b. 566 Oceana Boulevard re William 0. Lilley Trust 4. Ordinance to AUTHORIZE $1,250 reimbursement re employee legal fees 5. Ordinance to TRANSFER $167,000 within the Sheriff's Budget re complete horizontal compression adjustments for Sherills Deputies K- PLANNING 1. SANTIAGO LIVARA, III and SLACSCAR, LLC for a Conditional Use Permit re auto repair at 129 Pennsylvania Avenue (Deferred: January 5, 2016) DISTRICT 4 — BAYSIDE RECOMMENDATION: APPROVAL 2. AMEND Section 801 of the City Zoning Ordinance (CZO) re Farm Stands (Deferred: December 1,2015) RECOMMENDATION: APPROVAL L. APPOINTMENTS BEACHES and WATERWAYS ADVISORY COMMISSION BIKEWAYS and TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS - MECHANICAL CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD — CSB HAMPTON ROAD ECONOMIC DEVELOPMENT ALLIANCE HAMPTON ROADS PLANNING DISTRICT COMMISSION HISTORIC PRESERVATION COMMISSION PARKS and RECREATION COMMISSION RESORT ADVISORY COMMISSION - RAC TRANSITION AREA INTERFACILITY TRAFFIC AREA (ITA) VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION VIRGINIA BEACH HEALTH SYSTEMS ADVISORY BOARD WETLANDS BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS 0. ADJOURNMENT 2 016 CITY COUNCIL MEE T17VGS Tuesday, January 26 Workshop Tuesday, February 2 FormalSession Tuesday, February 9 Workshop Tuesday, February 16 Formal Session Tuesday, February 23 Workshop Ifyou are physically disabled or visually Impaired nd need assislacce at this rneming, plewe call the CITY CLEWS OFFICE at 3854303 CITY COUNCIL W17VTER RE TREAT Economic Depelopment Conference Boom 4525 Main Street, Suite 700, Town Center February 4-5,2016 8.-30AMro5:00PM 1/19/16 all, 1. INFORMAL SESSSION - Conference Room - 1:30 — 3:30 PM A. CALL TO ORDER — Mayor Williarn D. SCSSOMS, Jr. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION H. JOINT CITY COUNCIL/SCHOOL BOARD BRIEFING - Buflding 19 - 3:30 — 4:30 PM A. BROADBAND TASK FORCE UPDATE David L. Hmsen, Deputy City Manager Matthew B. Arvay, COMIT - Director 111. CITY MANAGER'S BRIEFING - Conference Room - 4:30 PM A. BURTON STATION COST PARTICIPATION AGREEMENT David L. Hansen, Deputy City Manager B. 15'k STREET PIER Douglas L. Smith, Interim City Manager IV. CITY COUNCIL COMMENTS V. CITY COUNCIL AGENDA REVIEW V1. INFORMAL SESSION Conference Room - 5:15 PM A. CALL TO ORDER - Mayor William D. SCSSOMS, 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: Chaplain Lt. Joseph Gilliam Naval Air Station Oceans C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSIONS January 19, 2016 F. MINUTES CLOSED INTERVIEW SESSION Decenaber 11, 2015 INFORMAL and FORMAL SESSIONS January 5, 2016 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. MAYOR'S PRESENTATION 1. RESOLUTION IN RECOGNITION Fred Whythe - STIHL 1. PUBLIC HEARING 1. ACQUISITION BY AGREEMENT OR CONDEMNATION Muddy Creek Road and Indim River Road Culvert Improvements Ig PUBUC HEARING ACQUISIVION, BY AGREEMENTOR CONDENINAMN The Ver,cla Beach Cut Cached will Mid a PUBUC HEARING on Bee proceed succeeded, 1, .V--. V, comernastam, 0 ..M and musereend, .., " .. I.Bey CIAIN, Read and I main Racer Read Cul. innian..... pacKed. CIP 741 damsels CIP 7,063), at T..W" A., A, mdus IT a AN) b,fi., In the Council Cha "Ber of "s CRY Hall thest .1) at this 1,finsm Bea ch ca11.11 Came, Victims Bwe" , V.,On.a . Re fithene fix the projinat am surfifted: -BRUDDY CREEK ROAD AND INDIAN RIVER ROAD CULVERT IMP"C"EMENTS. C.I.P. 7-063' W�4he on file In Has Public Dispersal Enfichare, DMI BuhBI.9 .2 . the Munnob"I Contv. Re purIcame .1 his hal .111 he 1. .In "he had miandbe, buth.r1h, concatenation, It nooseal sar this preoct 11 a or. Physical dam"'d or Visual, m,IW a ad no. assiumno. at tho recot, Died. cat 11 the CIW CtERKI OFFICE an 757�, Kabbers, scaleless' cal 711 TVIrVinfi. Be., - Teleptions, DoMe, for Re Deaq. An, quadecons concerning this .n1 should be dinedeal To B. =I- Raw I East Bc din, . facelideal # R -m 392, 2 2 ' R !'" D 2 Z61' , To Con W 1,171 I I 'meet Me Blue, MNIC BEACOR JANUARY W. 200 J. ORDINANCES/RESOLUTIONS 1. Resolution to SUPPORT the continuation of the Southeastern Public Service Authority (SPSA) as the Regional Solid Waste Management System 2. Ordinance to AUTHORIZE the execution of a Cost Participation Agreement with S&J Truck Terminal, Inc. re Burton Station/Baker Road drainage improvement project 3. Ordinances to AUTHORIZE the ACQUISITION of property: a. Culvert/drainage improvements at Muddy Creek and Indian River Roads b. 566 Oceana Boulevard re William G. Lilley Trust 4. Ordinance to AUTHORIZE $1,250 reimbursement re employee legal fees 5. Ordinance to TRANSFER $167,000 within the Sheriffs Budget re complete horizontal compression adjustments for Sherill's Deputies CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Supporting the Continuation of the Southeastern Virginia Public Service Authority as the Regional Solid Waste Management System and Stating the Principles Upon Which Such System Should Be Based MEETING DATE: January 19, 2016 1111 Background: On October 20, 2015, Mr. Bill Sorrentino, the Governor -appointed SPSA Board Member for Virginia Beach, presented to the City Council, in closed session, an update on the SPSA Board's progress toward creating a Post -2018 SPSA. In his presentation, he provided a detailed explanation of the challenges and risks involved in selecting the Post - 2018 disposal method. The keys to reducing risk, obtaining a cost effective disposal operation, ensuring a long-term solution, and providing disposal capacity for both municipal and commercial solid waste depends on the expansion of the Regional Landfill 0 Considerations: The attached resolution reaffirms Virginia Beach's commitment to participating in the Post -2018 SPSA membership and sets forth the principles upon which such system should be based E Public Information: Public Information will be provided through the normal Council agenda process and is an integral part of our annual budget reviews. E Attachments: Resolution Recommended Action: Approval Submitting DepadmepVAgency: City Manager's Offic641 City Manager: U� 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 A RESOLUTION SUPPORTING THE CONTINUATION OF THE SOUTHEASTERN VIRGINIA PUBLIC SERVICE AUTHORITY AS REGIONAL SOLID WASTE MANAGEMENT SYSTEM AND STATING THE PRINCIPLES UPON WHICH SUCH SYSTEM SHOULD BE BASED WHEREAS, the Southeastern Public Service Authority ("SPSA") was created in 1976 by concurrent resolution of the Cities of Chesapeake, Franklin, Norfolk, Portsmouth, Suffolk and Virginia Beach and the Counties of Isle of Wight and Southampton (the "member localities"), and WHEREAS, between 1983 and 1984, Virginia Beach and the other member localities entered into individual Use and Support Agreements that are the fundamental documents defining the duties and responsibilities of SPSA and the member localities; and WHEREAS, all of the current Use and Support Agreements will expire on January 24, 2018; and WHEREAS, SPSA and the member localities are in the process of developing a new Use and Support Agreement to take effect upon the expiration of the current Use and Support Agreement; and WHEREAS, the City Council believes that the continuation of a cooperative regional approach to the disposal of municipal solid waste is superior to other alternatives available to the City for the disposal of municipal solid waste and that, accordingly, the continuation of SPSA would be in the best interests of the region, the City and its citizens and businesses; and WHEREAS, SPSA has solicited vendors to provide disposal services beginning January 25, 2018, and is currently negotiating with the vendors that have submitted proposals; and WHEREAS, SPSA is currently negotiating a Good Neighbor Agreement with the City of Suffolk regarding the use of the Regional Landfill in Suffolk to ensure the long-term support of the City of Suffolk and its residents; and WHEREAS, while the Regional Landfill provides a substantial benefit to the entire region, the adverse impacts from, and negative perceptions regarding, the Regional Landfill 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 are limited to the City of Suffolk as the host community and the residents of the City of Suffolk that are affected by operations at the Regional Landfill; and WHEREAS, proper solid waste disposal planning requires at least a fifty-year horizon in order to ensure reliable, environmentally sound and cost-effective disposal operations, of which the Regional Landfill is the single most critical component in meeting these objectives; and WHEREAS, SPSA has not, to date, indicated a commitment to handling commercial solid waste; and WHEREAS, the Regional Landfill has substantial planned capacity, a reasonable amount of permitted capacity, and an adequate amount of built capacity for current operations; and WHEREAS, Cells V and VI at the Regional Landfill have been constructed and are currently in use; and WHEREAS, although plans that would extend the life of Cells V and VI are currently under consideration, proper and prudent planning requires having a backup plan; and WHEREAS, Cell VII at the Regional Landfill has been permitted by the Virginia Department of Environmental Quality, but has not been constructed; and WHEREAS, although the City of Suffolk has granted a conditional use permit (CUP) to allow the construction and use of Cell VII, there is disagreement as to whether such CUP remains valid and in effect; and WHEREAS, even if the CUP remains valid and in effect, it contains certain conditions that, by general agreement, should be modified, and WHEREAS, by Resolution adopted on April 9, 2013, the City Council declared its support of the continued operation of SPSA after January 24, 2018 as the region's solid waste disposal service provider subject to the certain principles set forth in such Resolution, and WHEREAS, the City remains supportive of a regional solution to the disposal of solid waste; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH: 2 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 That the City of Virginia Beach hereby reiterates its support of the continued operation of SPSA after January 24, 2018 as the region's solid waste disposal service provider, subject to the following principles to be embodied in the new Use and Support Agreements effective after January 24, 2018: 1 . That a long-term solution to the region's solid waste disposal needs, including commercial solid waste as well as municipal solid waste and having a planning horizon of at least fifty years, be adopted by SPSA; and 2. That SPSA commit to the expansion of the Regional Landfill to accommodate the region's solid waste disposal requirements for at least the next fifty years, and to that end, a comprehensive conditional use permit allowing such expansion be granted and a fair and equitable Good Neighbor Agreement regarding the Regional Landfill be entered into by SPSA and the City of Suffolk. Adopted by the City Council of the City of Virginia Beach, Virginia on the Of 12016 APPR07D AS TO CONTENT APPROVED AS TO LEGAL SUFFI ENCY A �/I� City Managers Office Cllfy_AWorney's 0#ic� CA -13543 January 12, 2016 R-1 day CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the Execution of a Cost Participation Agreement with S&J Truck Terminal, Inc., a Virginia Corporation, for the Construction of the Burton Station/Baker Road Drainage Improvement Project (CIP 7-036) MEETING DATE: January 19, 2016 E Background: As part of the Burton Station Strategic Growth Area ("SGA"), the City has developed plans to improve Burton Station Lake in order to alleviate flooding issues, increase water capacity, and provide for stormwater management in the SGA (the "Drainage Improvements"). Burton Station Lake itself is owned by S&J Truck Terminal, a Virginia corporation owned by Sukhwinder Bharij ("S&X). S&J desires to improve the lake water management and has agreed to cost participate with the City. The Drainage Improvements will include reconstructing the outlet control weir for the lake's ouffall, and adding capacity to the downstream conveyance system. The Drainage Improvements will begin at the southeastern corner of Burton Station Lake, running east across Baker Road and terminating at the existing culvert just west of Diamond Springs Road. SW and City staff have negotiated a cost participation agreement providing for the design and construction of the Drainage Improvements. The City has already developed the plans for the Drainage Improvements ("Burton Station/Baker Road Drainage Improvement Plans CIP 7-036")(the "Plans"). Pursuant to the proposed agreement, SW would construct the Drainage Improvements in accordance with the Plans. S&J would be reimbursed by the City for its actual construction costs, not to exceed $550,000. m Considerations: City staff has determined that entering into a cost participation agreement with S&J to construct the Drainage Improvements will result in a more timely completion of the Drainage Improvements and allow City staff to focus its efforts on other necessary aspects of the Burton Station SGA. The City has obtained a sole source determination to comply with procurement regulations. Pursuant to a related agreement with S&J, the City will acquire permanent drainage easements over the lake and the outfall E Public Information: Advertisement City Council's Agenda Alternatives: Do not approve the cost participation agreement. Construction of the Drainage Improvements would be delayed to a later date. d Recommendations: Approval 0 Attachments: Ordinance Summary of Terms Location Map Disclosure Statements Recommended Action: Approval Submitting DepartmentfAgency; Public Works ?A� City Manager: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 AN ORDINANCE AUTHORIZING THE EXECUTION OF A COST PARTICIPATION AGREEMENT WITH S&J TRUCK TERMINAL, INC., A VIRGINIA CORPORATION, FOR THE CONSTRUCTION OF THE BURTON STATION/BAKER ROAD DRAINAGE IMPROVEMENT PROJECT (CIP 7-036) WHEREAS, the City of Virginia Beach (the "City") has developed the Burton Station/Baker Road Drainage Improvement Plans (CIP 7-036) (the "Plans") for the construction of drainage improvements to Burton Station Lake and its outfall and downstream channels (the "Drainage Improvements"); WHEREAS, Burton Station Lake is owned by S&J Truck Terminal, Inc., a Virginia Corporation (S&J"); WHEREAS, S&J and the City desire to enter into a cost participation agreement (the "Agreement") to construct the Drainage Improvements; WHEREAS, the location of the Drainage Improvements is shown on the location map attached hereto as Exhibit A and made a part hereof; WHEREAS, pursuant to the proposed Agreement, S&J would construct the Drainage Improvements according to the Plans on filewith the Departmentof PublicWorks and such otherterms as stated in the Summary of Terms attached hereto as Exhibit B and made a part hereof; WHEREAS, the City has obtained a sole source determination allowing the Agreement with S&J; WHEREAS, the Agreement provides that the City will reimburse S&J for its construction costs, not to exceed $550,000, and WHEREAS, City staff has determined that entering into the Agreement with S&J would result in a more timely completion of the Drainage Improvements and allow City staff to focus its efforts on other necessary aspects of the Burton Station Strategic Growth Area. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA. That the City Manager is hereby authorized to execute a cost participation agreement between the City and S&J Truck Terminal, Inc. for construction of the Drainage Improvements in the area shown on Exhibit A attached hereto, and in accordance with the Summary of Terms, attached hereto as Exhibit B and such other terms, conditions or 45 46 47 48 modifications as may be acceptable to the City Manager and in a form deemed satisfactory by the City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia, on the — day of ,2016. APPROVED AS TO CONTENT: "ISM APPROVED AS TO AVAILABILITY OF FUNDS. QL�q e-� Finance Department CA13468 R-1 January 12, 2016 APPROVED AS TO LEGAL SUFFICIENCY: �L�L� ) 4ts�--� city mev's t) In 't tn APPROVED AS TO COWENT: E 0 a E 0 x LU c 0 co EXHIBIT B SUMMARY OF TERMS BURTON STATION LAKEIBAKER ROAD DRAINAGE IMPROVEMENTS COST PARTICIPATION AGREEMENT DEVELOPER: S&J Truck Terminal, Inc., a Virginia corporation SCOPE OF PROJECT (the "Dminage Impirovements"), The Drainage Improvements constituting approximatidy 3,475 linear feet of drainage system improvements beginning at the southeastern comer of Burton Station Lake, running cast across Baker Road and terminating at the existing culvertjust west of Dimond Springs Road as shown in Exhibit "A" including: an outlet control weir, concrete paved flumes, reinforced concrete drainage pipe, drainage structures, excavation, grading, utility relocation, paving, erosion control, traffic control, and other related work as shown on the plans entitled "Burton Station/Baker Road Drainage Improvement Plans" (the "Plans"). COST PARTICIPANT City of Virginia Beach (the "City") CONSTRUCTION COSTS: Developer to construct the Drainage Improvements in accordance with the approved Plans. The City will reimburse Developer based on actual costs in an mount not to exceed $550,000. Payments will be made within thirty days after submission by Developer of a requisition and invoice for costs incurred, and approval of those invoices by the City, CHANGE ORDERS: Costs associated with any Change Orders will be negotiated at the time any unforeseen condition is discovered, or at the time of any City -initiated request for a change. Change Orders must be in writing and be mutually agreed upon. SPECIAL TERMS AND CONDITIONS: Developer will be required to post a performance bond and pay the standard inspection fees Once construction is complete, all Drainage Improvements shall be dedicated to the City, but the Developer shall have ongoing maintenance requirements as the owner of Burton Station Lake. The City shall acquire any easements necessary to construct the Drainage Improvements. W h --j APPLICANT'S NAMES 4 T T 1�41 'r�,; 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 by city Alternative Complianck Special M=ng Appeals Certificate of Appropriateness (His ic Review Board) Chesalpeake Bay Preservation Area Board Disposition of City Property Economic Development Investment Program Encroachment Request Floodplaln Variance Franchise Agreement Lease of City Property Modification of Conditions or Proffers Nonconforming Use Changes Rezoning Street Closure Subdivision Variance 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 I APPLICANT DISCLOSURE Page I of 5 C3 it, C] Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. 2" Check here if the APPLICANT a corporation, partnership, firm, business, or other unincorporated organization. � (A) List the Applicant's name:-, S f, J if an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc below: (Attach list if necessary) O:w.,4-r, P�4--A�f (B) List the businesses that have a parent,subsidiary I or affiliated business entity 2 relationship with the Applicant: iAtrach list If n"essary) sce- Vrr See next page for information pertaining to fMtnms I and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Compliete Sealon 2 only if proverty owflm Is different from AWE= 0 Check here If the PROPERTY OWNER IS NO a corporation, partnership, firm, business, or other unincorporated organization. Check here If the PROPERTY OWNER a corporation, partnership. firm, business, or other unincorporated organization, AND THEN. complete the following. (A) List the Property Owner's n If an LLC, list the member's Page 2 of 5 If a Corporation. list the names ofall officers, directors, members, trustees, etc, below: (Attach list if necessary) (9) List the businesses that have a Parem-subsidiary I or affiliated business entity 2 relationship with the Property Owner., (AtUwh list if rarcessary) I 'Perent-aubstillary relationsimpr mutant 'A relationship that "fin when one corporation directly or indireottv Owns shares possessing mone than 50 percent of the voting power of another $a Suit and Local Government conflict Of liffe"ItS Act Va. Code 4 2,2-3 101 � ' 'Affiliated business entity relationship' rreaurs 'a relationship, other than parimt-sub4liffary relationshio, that exists when (d one business erift has a controlling ownunip 10filreirt In the other bluumas$ entity, Oil a controlling owner In we entity is Also a controlling owrfer in the other emirv. or till) thert is shared martagerti or control between the bust"" eniftits, Factors Oust should be considered In deterninning the existence of am affiliated business tritity relationship include that the saw person or substantially Me same person Own or manage the two entries; theire are corrinsoni or ciliffirlinlillid funds Of atists: the busimits entities share the use of the tam offices or firpso"" 0, Otherwise shut acuMnes, resources or Personnel on a regular basis; or there is otherwise a close work" relationship betwee" the entithes.- See state and Local Go"onnnerit Conflict of Interests Act, Va. Code 1 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided In connection with the �qbjea of lit application or any business o2grating gr to be operated on the Property. If The answer to any Item Is YES, please identify the firm or Individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 5 FYIEs] ENO] 0 a 0 [Er 0 1!1, (Er 0 ID IJ E] 0 (a, 0 Eg", 0 a 0 Accounting and/or preparer of your tax return Architect / Landscape Architect Land Planner Contract Purchaser (9211iffAhm the Applicant - Identify purchaser and purchasers service providers Any other pending or proposed Purchaser of the subject property (Identify purchaser(s) and purchaser's sarviat providers) Construction Contractors Engineers / Surveyors/ Agents Financino Onclude current XWOrtgage holders and lenders selected or being considered to provide financing for acquisitim or construction of the property) Leo Services Real Estate Brolkers-� Agents/Realtors for current and anticipated future sales of the subject propeIrty L 10 PROVIDER (me swideam shest, if Bred W'T4-t' 04c 4 6. SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Virginia Beach have Does an official or employee of the City of 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? Page 4 of 5 97L a CERWICATION 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 mesting of any public body or committee In connection with this ADDIlCaTIOn. I =,.k Q 1pan" T��j E PRINT NAME I DATE IPWPEM %47 T'� Tl�—,' i�A� (Y#M,s PRINT NAME I DATE Page 5 of 5 CITY OF VIRGINIA BEACH ITEM: An Ordinance to authorize acquisition of property in fee simple for right-of- way for the Muddy Creek Road and Indian River Road Culvert Improvements Project, CIP 7-413, and the acquisition of temporary and permanent easements, either by agreement or condemnation MEETING DATE: January 19, 2016 Background: Indian River Road, south of its intersection with New Bridge Road, and Muddy Creek Road, west of its intersection with Charity Neck Road, both experience frequent flooding at their crossings of Muddy Creek. At times the flooding makes the roads impassable, and there is standing water after typical storm events. The existing storm drain pipes are undersized for drainage of the roadway and adjacent properties. The Muddy Creek Road and Indian River Road Culvert Improvements Project (the "Projecf') will include installation of multiple 48" pipes to improve the drainage conditions at each location. Additional benefits of the Project include widened roadway shoulders and new guardrails in the area of the new storm drain pipes. 0 Considerations: The Project requires the acquisition of right-of-way and easements from 7 parcels of property along Muddy Creek and Indian River Roads. The City has been negotiating with the property owners and has reached voluntary agreements on 3 parcels. The City has not been able to reach an agreement with the 4 remaining property owners. There are no total acquisitions necessary. In order to avoid road closures during the agricultural season, construction for the Project is scheduled to take place in January and February 2016. The City has been negotiating with the owners since offers went out in October 2014. All of the property and easements to be acquired are wetlands and are not being farmed. Acquisition will be administered by the City of Virginia Beach, through the Public Works Office of Real Estate, and if condemnation is necessary, through the City Attorney's Office. 0 Public Information: A Citizen Information Meeting was held on May 13, 2014. A public hearing for this Ordinance was advertised in The Virginian -Pilot, Beacon, and this matter was advertised with City Council agenda. • Funding: The acquisitions will be funded by CIP 7-413. • Alternatives: Approve the Ordinance as presented, or deny the request and risk cancelling the Project; postpone the Project one year to give additional time to negotiate. • Recommendations: Approve the Ordinance • Attachments: Ordinance, Location Map I AN ORDINANCE TO AUTHORIZE 2 ACQUISITION OF PROPERTY IN FEE SIMPLE 3 FOR RIGHT-OF-WAY FOR THE MUDDY 4 CREEK ROAD AND INDIAN RIVER ROAD 5 CULVERT IMPROVEMENTS PROJECT, CIP 7- 6 413, AND THE ACQUISITION OF TEMPORARY 7 AND PERMANENT EASEMENTS, EITHER BY 8 AGREEMENT OR CONDEMNATION 9 10 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a 11 public necessity exists to improve transportation around the City, to improve the public 12 drainage infrastructure and to improve drainage along Muddy Creek Road and Indian River 13 Road, and for other related public purposes for the preservation of the safety, health, 14 peace, good order, comfort, convenience, and for the welfare of the people in the City of 15 Virginia Beach. 16 17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF is VIRGINIA BEACH, VIRGINIA. 19 20 Section 1. That the City Council authorizes the acquisition by purchase or 21 condemnation pursuant to Sections 15.2-1901, at seq., and Title 25.1 of the Code of 22 Virginia of 1950, as amended, of all that certain real property in fee simple, including 23 temporary and permanent easements (the "Property"), as shown on the plans entitled 24 "MUDDY CREEK ROAD AND INDIAN RIVER ROAD CULVERT IMPROVEMENTS, C.I.P. 25 7-063," (formerly CIP 7-413) (the "Project") and more specifically described on the 26 acquisition plats for the Project (plats and plans collectively referred to as the "Plans"), the 27 Plans being on file in the Engineering Division, Department of Public Works, City of Virginia 28 Beach, Virginia. 29 30 Section 2. That the City Manager is hereby authorized to make or cause to be 31 made on behalf of the City of Virginia Beach, to the extent that funds are available, a 32 reasonable offer to the owners or persons having an interest in said Property. If refused, 33 the City Attorney is hereby authorized to institute proceedings to condemn said Property. 34 35 Adopted bythe Council of the Cityof Virginia Beach, Virginia, on thedayof 36 1 2016. PREPARED: 12/15/2015 CA13463 R-1 �\vbgov.wm\dfsl�appli�tions�citylawpro�d�cywm32\wpdo�\dOIO\pO23\00251278 doc APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM PUBLIC 6RKSIREA LES ATE CITY ATTORNEY Site 2413-60-6321 PROJECT LIMITS SITE 1 241 9-8827 2412-69-1804 41! q1 PROJECT LIMITS SITE 2 411111& 0 Legend =1 Subject Properties C3Project Limits 2412-77-3412 PROJECT LOCATION MUDDY CREEK RD. AND INDIAN R RD.k� CULVERT IMPROVEMENTS CIP 7-413 (Formerly 7-063) L prepared by PW/Eng /Eng Support Services Bureau 1/14/15 X:\Pmjects\ARC Files�Agenda MapsWuddy Creek Rd & �ndfian River Rd CITY OF VIRGINIA BEACH ITEM: An Ordinance to authorize acquisition of 19� acres of property located at 566 Oceana Boulevard (GPIN 2416-28-9567) from William G. Lilley Revocable Living Trust Agreement dated August 8, 2006 MEETING DATE: January 19, 2015 0 Background: William G. Lilley Revocable Living Trust Agreement dated August 8, 2006 ("Lilley") owns approximately 23.721 +/- acres of land located at 566 Oceana Boulevard (the "Property"). The Property is used for including Mr. Lilley's personal residence, a 17,000 +/- square foot area leased to a contractor, and a large lake and bank that are leased to Baillio Sand Company ("Baillio"). Baillio operates a dredging and sand mining business on site pursuant to a Conditional Use Permit ("CUP") authorized in 2001 A portion of the Property fronting on Oceana Boulevard lies within the Southeastern Parkway Greenbelt ("SEPG") alignment. As required by the CUP conditions, Lilley and Baillio notified the City that excavation for Baillio's sand -mining would soon reach the SEPG boundary, and the City responded that it intended to purchase the land in the SEPG alignment. During ensuring negotiations, Lilley offered to sell the bulk of the residue of the Property, in addition to the SEPG alignment area, and Baillio agreed to terminate its business operations on site and move to another location on Princess Anne Road where it owns a related operation. Lilley has elected to retain approximately 4.216 +/- acres. It is estimated that the borrow pit has greater than 500,000 cubic yards of disposal capacity, which the City could use for the deposit of dredge spoils from its various stormwater projects. City staff, Lilley, and Baillio have reached a three -party agreement with the following terms, subject to Council approval: 1) The City will purchase the Property, less the 4.216 +/- acre area reserved by Lilley, for $998,000; 2) Lilley will be entitled to a non-exclusive ingress -egress easement to access his retained lands; 3) Baillio will terminate its lease and business operations on site, and will be paid $250,000 as compensation, 4) Baillio will be reimbursed up to $65,000 for the relocation of its excavation equipment; 5) Lilley will be reimbursed a) $6,512 for a resubdivision plat to delineate his retained land from the acquisition area, and b) $11,500 for appraisal and consulting costs generated during negotiations. 0 Considerations: The acquisition costs outlined above will be funded from CIP 7- 415.018 (Storm Water Utility Funding). • Public Information: Advertisement of City Council Agenda • Alternatives: Deny the request to acquire the Property. • Recommendations: Approve the request subject to the terms and conditions of the Summary of Terms. • Attachments: Ordinance, Summary of Terms, Disclosure Statements, and Location Map. Recommended Action: Approval Submitting Department/Agenc P blic Works/Real Estate mV) PAD City Manager: 1 2 3 4 7 a 9 10 11 12 13 14 is 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 AN ORDINANCE TO AUTHORIZE ACQUISITION OF 19± ACRES OF PROPERTY LOCATED AT 566 OCEANA BOULEVARD (GPIN 2416-28-9567) FROM WILLIAM G, LILLEY REVOCABLE LIVING TRUST AGREEMENT DATED AUGUST 8,2006 WHEREAS, William G. Lilley Revocable Living Trust Agreement Dated August 8, 2006 ("Lilley") owns 23.721 +/- acres of property located at 566 Oceana Boulevard in the City of Virginia Beach, Virginia (the "Property"), as further described on Exhibit A, attached hereto and incorporated herein; WHEREAS, Lilley desires to convey 19± acres of the Property (the "City Acquisition Area") to the City of Virginia Beach (the "City") for $998,000; WHEREAS, Lilley currently leases the City Acquisition Area to Baillio Sand Company ("Baillio"); WHEREAS, Lilley and Baillio have agreed to terminate their lease agreement and Baillio has agreed to relocate his business operations; WHEREAS, the City agrees to pay Baillio $250,000 for the interruption to his business operations and will reimburse Baillio up to $65,000 for the relocation of his business equipment; WHEREAS, Lilley has expended or will expend certain fees for appraisals, consultation, and engineering expenses, and the City has agreed to reimburse Lilley $18,012 for those fees; WHEREAS, the City, Lilley, and Baillio have reached a three -party agreement as outlined in the Summary of Terms, attached hereto as Exhibit B and incorporated herein; and WHEREAS, funding for the acquisition is available in the Storm Water Utility Funding (CIP 7-415.018) in order to provide an area for the deposit of dredge spoils. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1 . That the City Council authorizes the acquisition of 19± acres pursuant to § 15.2-1800 of the Code of Virginia (1950), as amended, which is generally identified as 566 Oceana Boulevard and further described on Exhibit A. 2. That the City Manager or his designee is further authorized to execute all documents that may be necessary or appropriate in connection with the purchase of the Property, so long as such documents are substantially in accordance with the Summary of Terms attached hereto as Exhibit B and made a part hereof and containing such other 48 terms and conditions deemed necessary and sufficient by the City Manager and in a form 49 deemed satisfactory by the City Attorney. 50 51 Adopted by the Council of the City of Virginia Beach, Virginia, on the _ day 52 of .2015. CA13469 R-1 PREPARED: 1/8/16 16 apla 0 Weill 'I 7 pip, , "T, I ro m K'f n( APPROVED AS TO AVAILABILITY _-Q� FUNDS C—L4n4 �— � rinance APPROVEP-AS-TOtEG4,1- 2f4 CITY ATTORNEY EXHIBIT "A" Loual Description of 566 Oceana Boulevard ALL THAT certain tract of land, containing forty seven ( 47) acres, more or less, together with the buildings and improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, formerly Lynnhaven Magisterial District, Princess Anne County, Virginia, and bounded and described as follows: BEGINNING at an iron post on the Eastern Shore public road and Ives' line fence to a southeast comer of Braithwaite's property to a post and Waite's line to a post of Chatham Public Road, thence a southerly course along Chatham Public Road to a lead ditch, thence turning and running a westerly course along the center of the lead ditch to the southeast corner of yard fence on the property hereby conveyed. Thence along the said fence to a post in the southwest corner of yard; thence running parallel with land (driveway to Ives Old Homestead) to anther post on Eastern Shore Road; thence along said road to the point of beginning. LESS AND EXCEPT that portion thereof conveyed to the United States of America by Declaration of Taking from Early R. Lilley, Mary Josephine Lilley and others, recorded December 21, 1983, in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Deed Book 2303, at page 1009; and LESS AND EXCEPT that portion thereof conveyed to the City of Virginia Beach Virginia by Deed of Dedication recorded December 26, 1985, in said Clerk's Office in Deed Book 2467, at page 320; and LESS AND EXCEPT that portion conveyed to Sean K. Forsyth by Deed from William Glenn Lilley, married, recorded May 12, 1998, in said Clerk's Office in Deed Book 3891, at page 1659; and LESS AND EXCEPT that portion conveyed to the Commonwealth of Virginia for Route 615, recorded in said Clerk's Office in Deed Book 223, at page 555. Reference is also made to Plats recorded in said Clerk's Office on November 30, 1982, in Map Book 162, at page 15, and on November 6, 1997, in Map Book 263, at page 32. LESS AND EXCEPT that certain 4.216 ac. area, which will be retained as the Landowner's residence and a 25' ingress/egress easement over the existing access road between the Landowner's residence and Oceana Boulevard. Said access easement will be extinguished at such time as any road project necessitates the closure of the access and the City provides a replacement access in a location to be determined by the City at the time the 25' ingress -egress easement is extinguished. IT BEING the same property conveyed to William G. Lilley, Trustee of the William G. Lilley Revocable Living Trust Agreement dated August 8, 2006, by Deed from William Glenn Lilley a single person, dated August 8, 2006, and recorded in the Clerk's Office of the Circuit Court of City of Virginia Beach, Virginia, as Instrument Number 20061120001746380. EXHIBIT "B" 411 J, I J, F-11 ZY9612 1114 W, &� SELLER: William G. Lilley Revocable Living Trust Agreement dated August 8, 2006 TENANT: Baillio Sand Company BUYER: City of Virginia Beach, VA PROPERTY: Approximately 19± acres located at 566 Oceana Boulevard (GPIN: 2416-28-9567) CONSIDERATION: $ 998,000 Purchase Price $ 250,000 Payment to Tenant for Interruption of Business $ 65,000 Relocation of Tenant's Equipment $ 18,012 Reimbursement to Seller for Costs $1,331,012 Total SOURCE OF FUNDS: Storm Water Utility Funding (CIP 7-415.018) ADDITIONAL TERMS: • Acquisition is expressly conditioned upon executing an Agreement of Sale with the City and the satisfaction of all contingencies stated in such agreement. • Property must be conveyed free and clear of all liens, leases, and tenancies and rights of possession of any and all parties other than the City. • Seller shall pay its own attorney's fees and costs, if any. • City shall bear the costs of preparation of closing documents and recording fees. • Property shall be subdivided to delineate a 4.216 +/- acre area to be retained by Seller. Seller may use the retained area as a residential dwelling site and may lease a portion of the property to a commercial tenant. • Seller will retain a 25' ingress/egress easement to allow access to and from Oceana Boulevard. This easement shall be extinguished at such time as any road project necessitates the closure of the access and the City provides a replacement access (location of new access to be determined by the City at the time the current ingress/egress easement is extinguished) LILI I 00 t IL 0 0 m 0 lot:- m t A A 6CAN-rS NAME -961((" P 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: AcquiTition of Property I by City Alternative complimce. special Exception for Board of Zoning Appeals Certificate of Appropriateness (Historic Review Board) Chesapeake Say Preservation Area Board Conditional Use Permit tmestment Program Encroachment Request Ftoodplaln Variance Franchise Agreement Lease of City Property I License Agreement I Modificationof Conditions or Proffers Nonconforming Use Changes Rezoning Street Closure Subdivision Variance rWetlands 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 I / APPLICANT DISCLOSURE f -OR —CM US CO—NLY �wt be —,,daed m. O� w—�Iki i�7- —I 1� a7y— Page I of 5 ...... . 11�' to 1h, �p hl� W T� 0 AIPM.�T N0111 JED Or KAMC Nl� I WE 0 ENOCHAN��UOF — ---U--dn�stoNs SUBMITTED _j Check here If the AEELLCANIJS-ND1 a corporation, partnership, firm, business, or other unincorporated organization. 5 --Check here If the APPLICANT a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's if an LLC, list all member's names: If a CORPORATION, list the the names of ail officers, directors, members, trustees, etc. below: (Attach list if necessary) -AA Aga; I Pfe-S - /J Jccll (B) List the businesses that have a parent -subsidiary I or affiliated business entity relationship with the Applicant: (Attach list If necessary) /0 �/ 4� See next page for Information pertaining to footnotes I nd 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only If property owner is different from Apo Check here if the PROPERTY OWNER IS NO -Ta corporation, partnership, firm, business, or other unincorporated organization. Check here if the PROPER17Y OWNER- a corporation, partnership, firm, business, or other unincorporated organization, AND,THM complete the following. (A) List the Property Owner's name: Ifani-LC,lis�t?e ember's names: -- Page 2 of 5 K� Z a -- - - - ------------------ - - - -- - ---- - -- if a Corporation, fist the names ofalf officers, directors, members, trustees, etc. below: (Attach list if necessary) (0) List the businesses that have a parent -subsidiary I or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) Ive've, I Patent-subskilary mlatlonsfiip� 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." Sm Slaw and Loaf Covernment Conflict of Interests Act. Va, Code § 2.23 101. ' 'Affiliated business entity relationship' mans *4 relationship, other than parent-subsIduary relationship, that exists when (1) one business entity has a controlling ownership interest In the other business entity, ([I) a controlling owner In one entity is also a controlling Omer in the other entity. or 011) there Is shared management or oprumt between the busmass 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 ovo emitles; them 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 them Is otherwise a close working relationship between the endfies.' -see Sure and Loaf Government Conflict of Interests Aa, Va. Code § 2 2-310 1. SECTION 3. SERVICES DISCLOSURE Am any of the folthivying services being provided in connection wfth the subject of the application or any business operating or to be ogerated on the Property. If the answer to any Item Is YES, please identify the firm or Individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 5 fvtl HE sl FNO] SERVICE 0 Accououng,2rul/or prep4rer of co 0 "are y 0 !a. re or" our tax mtu or " 0 E3-- FArhitect / Land',capa Ahr,,,, L" Plan, , Land Planner E] [a' the Ann ican - Identify purchase and purchaser's "mks providers Any other pending or proposed purchaser of the subject property (identify porchaser(s) and purchasees service providers) Constmction Contractors engineers / Surveyors/ Agents Financing (include current mortgag holders and lenders Lff selected eor being considered to provide financing for acquisition or construction of the property) [9' El Legal Services Real Estate Brokers Agents/Reattors for current aml anticipated future sales of the SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO I Does an official or employee of the City of Virginia Beach have ,-Tan,!,, terest In the subject land or any proposed development contingent on the subject public action? Ifyes,whatIsthenarne of the fficial or employee and what is the nature of the interest? IV174 Page 4 of S 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, VBIDA meeting, or meeting of any public body or committee in connection with this ADD11cauen. 04AI *MCANT'S SIGNATURE MIN I N DATE PROPERTY OWNERS MCNATURIE PRINT NAME I nkTF Page 5 of 5 vleginia� Bea a A-PPLICANT'S NAME J& All, Z'I�f`Y DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertaln to City real estate matters or to the development and/or use of property in the City of Virginia Reach 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 by City Alternative Compliance, Special Exception for Board of Zoning Appeals Certificate of Appmpriateness (Historic Review oar Chesapeake gay Preservation Area Board Conditional Use Permit Investment Program (EDIP) Encroachment Request Floodplain Variance Franchise Agreement Lease of City Property License Agreement Conditions or Proffers Nonconforming Use Changes Rezoning Streetclosure Subdivision Variance 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. 4li— Page I of S 8 CITY USE ONLY/ Ali b, K""n', Cm'� ....... C." C.'. �' lj� I � h� 4 Tyl mw - U) 0 APP MANT NOTIMED Oi HEARINC DAI t ATE 0 —No TH-A P-11 I F [3 REVISION$ SUHMU�TED DA7[ Zc�hl'ck here If the APPLICANT 15 a corporation, partnership, Kr—m-, business, or other unincorporated organization. El Check here If the APPUCANT a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's nanne�___Wd n_�L If an LLC, list all member's names: if a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list If necessary) (0) List the businesses that have a parent-subsidlary I or affiliated business entity 2 relationship with the Applicant: (Attach list If necessary) Ala Alk�- See next page for Information pertaining to footnotes I and ' SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only If yromrty owner Is different from Avolican (q-_ Check here if the PROPERTY OWNER 15 NOTa corporation, partnership, firm, business, or other unincorporated organization. Check here If the PROPERTY OWNER a corporation, partnership, firm, business, or other unincorporated organization, AND THEN. complete the following. (A) List the Property Owner's name:__V_1 1(-±� 6 j if an LLC, list the member' e�- Z, 114 _Z, ---------- -- :I - — — ------ Page 2 of 5 If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) A11A (6) List the businesses that have a parent -subsidiary I or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) I 'Parent -subsidiary relationship7 means *a relationship that exists when one corporation directly of finclinincithy owns shares possessing more than 50 percent of the voting power of another corporation! See State and Local Covtmovent Cori of Interests Aci% Va. Code 5 2.2-3101, 4 'Affiliated business entity relatloashlp� means % retationihiP, Other than piintnt�bcldlary relationship, that exists when ID one business entity has a controlling Ownership Interest in the other business entity. (11) a controlling owner In one entity is also a controlling owner in the other entity, or (110 there Is shared management Or control between the INUSIMSS 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 am common or commingled funds or asstts� 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 endues.- Sat State and Local Government Conflict of Interests Act, Va. Code 9 22-3 101 � SECTION 3. SERVICES DISCLOSURE Am any of the following services being provided In connection with the sujb&LQL1bt application or any business operatino or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 5 SERVICE Accounting and/or preparer of your tax return Architect / Landscape Architect Land Planner Contract Purchaser (if other than the Applicant - Identify purchaser and punhasees service providers Any other pending or proposed purchaser of the subject property (identify purchaser(s) and purrhaser's service providers) Construction Contractors Engineers / Surveyors/ Agents Financing (include current mortgage holders and lenders selected or belng considered to provide financing far acquisition or construction of the property Legal Services Real Estate Brokers Agents/Realtors for current an anticipated future sales of the subject pro erty Vhg#ee.!'� r -PROVIDER (use addifloneii �sheem if needed) *Wells Fargo lien still of record, but has been paid. Relea being requested. SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an in,= In the subject land or any proposed development cunt on the subject public action? If yes, what Is the name of the official or employee and what Is the nature of the interest? Page 4 of 5 e Ahvi CERTIFICATION I certify that all of the Information contained In th Is 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. 9 I APPUCANT'S SICNATURE PRINT NAME DATE ATU'�PROPER SIGNATURE I PRINT NAME Page 5 of 5 V CITY OF VIRGINIA BEACH ITEM: An Ordinance Authorizing the Reimbursement to an Employee for Legal Fees Incurred in the Successful Defense of a Misdemeanor Charge Arising Out of the Discharge of Official Duties MEETINGDATE: January19,2016 0 Background: A social services employee was served with a criminal show cause pursuant to Section 18.2-456 of the Code of Virginia by the Henrico Juvenile and Domestic Relations Court for failing to appear in court on October 7, 2014 in response to a witness subpoena in a juvenile delinquency case. The witness subpoena was issued due solely to her work as a case worker for the juvenile who was the subject of the underlying juvenile delinquency charge However, the witness subpoena was never served on the employee. On November 10, 2014, the Henrico County Juvenile and Domestic Relations Court dismissed the charge The employee was represented by Parcell & Webb, P C at the hearing. Parcel[ & Webb rendered an invoice for $1,250.00 in legal fees that has been paid by the City employee. E Considerations: Section 15.2-1521 of the Code of Virginia authorizes local governing bodies to reimburse the legal fees and expenses incurred by any employee of the locality on any criminal charge arising out of any act committed in the discharge of the employee's official duties if at hearing the charge is dismissed. The City Attorney's Office has reviewed the circumstances of the case and determined that the employee's legal fees of $1,250.00 are reasonable. Recommendation: Approval of ordinance. Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Human Servic City Manager: 7 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 AN ORDINANCE AUTHORIZING THE REIMBURSEMENT OF AN EMPLOYEE'S LEGAL FEES INCURRED IN THE SUCCESSFUL DEFENSE OF A MISDEMEANOR CHARGE ARISING FROM THE DISCHARGE OF OFFICIAL DUTIES WHEREAS, a Virginia Beach employee was charged with a misdemeanor for actions arising out of the performance of her official duties; WHEREAS, on November 10, 2014, the Henrico Juvenile and Domestic Relations District Court dismissed the charge, WHEREAS, in the defense of said charge, the employee incurred legal fees in the amount of $1,250.00 and has requested the City to reimburse her for such fees; WHEREAS, Section 15 2-1521 of the Code of Virginia providesthat "(i)f any officer or employee of any locality is investigated, arrested or indicted or otherwise prosecuted on any criminal charge arising out of any act committed in the discharge of his official duties, and no charges are brought, the charge is subsequently dismissed, or upon trial he is found not guilty, the governing body of the locality may reimburse the officer or employee for reasonable legal fees and expenses incurred by him in defense of such investigation or charge, the reimbursement to be paid from the treasury of the locality"; and WHEREAS, the Department Director and the City Attorney's Office have reviewed the circumstances of this case, assessed the bill submitted by the employee's legal counsel, and determined that the legal fees and expenses are reasonable. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Director of the Department of Human Services is hereby authorized to expend funds in the amount of $1,250.00 from the FY 2015-16 Operating Budget of the Department of Human Services forthe purpose of reimbursing the employee for legal fees incurred by her in defense of said misdemeanor charge brought against her arising out of the performance of her official duties Adopted by the day of ) I AS TO CA13550 R-1 December 28, 2015 City of Virginia Beach, Virginia, on the APPROVED AS TO LEGAL SUFFICIENCY 2�4 City Attorney's Off ice CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer Funds within the Sheriff's Office Budget to Complete the Horizontal Compression Adjustments for Sheriffs Deputies MEETING DATE: January 19, 2016 0 Background: The Sheriffs Office deputies were not original recipients of horizontal compression adjustments in both FY 2014-15 and FY 2015-16. On October 20, 2015, City Council approved a funding ordinance to provide a total of $419,610 to implement horizontal compression adjustments. Of the amounts authorized in October, the estimates were $207,100 for the FY 2014-15 adjustments and $212,510 for the FY 2015-16 adjustments. The sources of funds for that ordinance were $104,924 from Reserve for Contingencies in the Sheriff's Office Special Revenue Fund and $314,686 from the General Fund Compression Reserve. The amounts originally requested by the Sheriff and provided by City Council did not fully fund the implementation of the adjustments in the manner required by the Sheriff. This request takes into account the compounding that occurs when the compression adjustments are provided with a July 1, 2014, effective date for the FY1 5 adjustment and a July 1, 2015, effective date for the FY1 6 adjustment. 0 Considerations: The Sheriff's Office requests a transfer of $167,000 from the Reserve for Contingencies of the Sheriff's Office Special Revenue Fund to complete the application of the horizontal compression adjustments. 0 Public Information: Will be handled through the normal Council Agenda notification process. 0 Attachment: Ordinance Submitting Department/Agency: Sheriff's Office City Manager: A J, 1 2 3 4 5 6 7 8 9 10 11 AN ORDINANCE TO TRANSFER FUNDS WITHIN THE SHERIFF'S OFFICE BUDGET TO COMPLETE HORIZONTAL COMPRESSION ADJUSTMENTS FOR SHERIFF'S DEPUTIES NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: $167,000 is hereby transferred from the Reserve for Contingencies in the Sheriff's Office Special Revenue Fund to the Sheriffs Operating Budget to complete the horizontal compression adjustments for Sheriffs Deputies. Adopted by the Council of the City of Virginia Beach, Virginia on the _ day of 2016. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budgetand Manag -rj4i�A�ftfey'g Office CA1 3552 R-2 January 6, 2016 K. PLANNING 1. SANTIAGO LIVARA, III and SLACSCAR, LLC for a Conditional Use Pernnit re auto repair at 129 Pennsylvania Avenue (Deferred: January 5, 2016) DISTRICT 4 — BAYSIDE RECOMMENDATION: APPROVAL 2 AMEND Section 801 of the City Zoning Ordinance (CZO) re Farm Stands (Deferred: December 1,2015) RECOMMENDATION: APPROVAL CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: SANTIAGO V. LIVARA III [Applicant] SLACSAR, LLC [Owner] Conditional Use Permi (Automobile Repair Garage), 129 Pennsylvania Avenue (GPIN 1467849327) COUNCIL DISTRICT—BAYSIDE MEETING DATE: January 19, 2016 Background: There was opposition to this application at City Council's January 5ffi public hearing and Council deferred the request to January 19". An adjacent property owner was concerned about parking issues. The Planning and Traffic Engineering staff met with the applicant on January 11", and have revised the conditions to better address parking and vehicle storage on the site. A solid fence and gate will be installed to screen parking on the side of the building. Three parking spaces will be provided in front of the fence that will not back out into the right-of-way. Additional planter boxes will be installed to prevent parking directly in front of the building and improve the aesthetic appeal of the site. The conditions have been revised and a Site Plan showing the revisions is attached. The subject site, zoned 1-1 Light Industrial District, contains an 8,500 square foot vacant commercial building. The applicant wishes to occupy the entire building for the purpose of operating an automobile repair garage. The proposed automobile repair business will specialize in high performance automobile modifications, aerodynamics and body modification, engine and transmission removal and installation and metal fabrication. Considerations: The subject site is located within the Central Village Dishict of the Pembroke Strategic Growth Area. The proposed use is not consistent with the Comprehensive Plan's recommendation for this portion of the Pembroke SGA; however, the automobile repair use is consistent with the existing character of the area and is deemed an appropdate interim use until the surrounding area begins to redevelop consistent with the recommendations of the SGA Plan. Rather than a complete redevelopment of the site, this request is limited to minimal improvements to the existing site and building. Although the improvements are minimal, they will bring the site closer to compliance with the requirements of the Zoning Ordinance with regard to parking and foundation landscaping. Further details pertaining to the site, as well as Staffs evaluation of the request, are provided in the attached staff report. There was no opposition at the Planning Commission meeting. Santiago V. Livara III Page 2 of 3 0 Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 7-0 with two absent and two abstentions, to recommend approval to the City Council with the following Conditions: 1. Except as modified by any other condition of this Conditional Use Permit, the site shall be developed in substantial conformance with the site plan entitled "PHYSICAL SURVEY OF 129 PENNSYLVANIA AVENUE, VIRGINIA BEACH, VIRGINIA, FOR: SHOU YAN LIN & CHUAN JIN SUN. EXHIBIT FOR CONDITIONAL USE PERMIT, 12/09/2015," dated February 28, 2006, prepared by Stephen 1. Boone & Associates. Said plan has been titled by Staff "SITE PLAN AMENDED FOR CITY COUNCIL JANUARY 19, 2016," and has noted the revised conditions. Said plan has been exhibited to the Virginia Beach City Council and is on file with the Planning Department. 2. The site shall not be striped or no vehicle shall be parked on the site such that the vehicle backs out of the parking space into the public right-of-way. Parking in front of the building shall be limited to the spaces located along the northern property line, parallel to the street, as shown on the revised site plan exhibited to City Council on January 19, 2016. 3. No less than five (5) planters shall be installed in front of the building. The planters shall be situated to prevent any parking directly in front of the building. The planters shall have a minimum height, width, or depth of two (2) feet, and shall be reviewed and approved by the DSC Landscape Architect prior to the issuance of a Certificate of Occupancy. 4. All on-site signage shall meet the requirements and regulations of the Zoning Ordinance. A permit shall be obtained for all signage from the Zoning Office of the Planning Department. 5. No outdoor vending machines and/or display of merchandise shall be allowed. 6. No motor vehicle repair work shall take place outside of the building. 7. No outside storage of tires, parts, or equipment shall be permitted. Any vehicle in this condition requiring storage shall be stored within the building. 8. No outside storage of tires, parts, or equipment shall be permitted. 9. This Use Permit is temporary and shall be valid no more than ten (10) consecutive years following the date of City Council approval. After said duration of time, per Section 221(k) of the Zoning Ordinance, the Zoning Administrator may extend the Conditional Use Permit administratively. Santiago V. Livara III Page 3 of 3 10. A solid fence and gate, not less than six (6) feet in height, shall be installed from the front (northeast) comer of the building, extending to the northern property line, as shown on the revised site plan. Attachments: Revised Site Plan Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting DepartmentlAgency: Planning Department City Manager: 11�\' o' I M,f I PARKING LIMffEO TO THI S AREA (SPACESTO EARRANGED PARKING IN THIS PARALLE TO =SYLVANIA CANNOT BE MWATED so AVE I THAT CARS BACK OUT INTO At F—dM- 1 THE RIG"T-GF�WAY oy [Corabm 14 75.00' .. 12500 Fotr PENNSYLVANIA AVENUE (50' R/W) FLAG POLE TO BE MOVED PHYSICAL SURVEY OF 129 PENNSYLVANIA AVENUE, VIRGINIA BEACH, VIRGINIA LOTS 22, 23 Alt 24. BLOCK EUCLID PLACE M 0 4. P, 63 FORz SHCKJ YAN UN & CHUAN JAN SUN SIC!"I'llm L BOONE & JISSOC1,01TIFS. PC LAPO SuRt SCA,I-E I' . 20 PQRF9AOVK WGIt,^ MIE ITARIJANty 28. I'l-i IS TO CUArly W CN 21L 2COAll. I W FRQP[RTY 'I"ll L� 1'., r0' 'JiD �f -ME TtTLE LIAS MID PWWAAI- UPROAMIARTS ML ��Cs% CIA TH,S SrfPCtLY WTHN 71HE ME LMCS MO MIR 6 JtItE W V�TKAAt CIT Y' Pu,T -HF MPRfACIAENr, �,IA� ttl' "-�UEWS tyt:�Ttr A� TT`E BUIL01W MOIIIH I'LREON JAPPEIRS TO BE W FTOOO �C �- MIA w QrTY OF vlil� BlEx" colillawt NO. 515�1 W 116,SON D[Cflwgx 5, Me PAlJFl W �111` 'HIS St*vEy POIFOAWO KIMCUI ME EIENEFIT Of A ITTIE REPORT SITE PLAN AMENDED FOR CITY COUNCIL. 1911 JANUARY 19,2016 Z)w 1. - t---- W2� -r -- A/ A STEEL�- BAY oocx� post n -p WWI( I C? MOO #129 of PUNTERS TO BE LOCATED TO PREVENT PARKING 014ECTLY IN FRONT OF BUILDING ILOCATION SHOM Is �-POST PRIVACY FENCE AND GATE APPROXIMArE) SB-Ij- IL JNADT LE SS THAN VM HEIGKTI (coadmon 0131 BAYDGOfj� [CmdMon*10] o' I M,f I PARKING LIMffEO TO THI S AREA (SPACESTO EARRANGED PARKING IN THIS PARALLE TO =SYLVANIA CANNOT BE MWATED so AVE I THAT CARS BACK OUT INTO At F—dM- 1 THE RIG"T-GF�WAY oy [Corabm 14 75.00' .. 12500 Fotr PENNSYLVANIA AVENUE (50' R/W) FLAG POLE TO BE MOVED PHYSICAL SURVEY OF 129 PENNSYLVANIA AVENUE, VIRGINIA BEACH, VIRGINIA LOTS 22, 23 Alt 24. BLOCK EUCLID PLACE M 0 4. P, 63 FORz SHCKJ YAN UN & CHUAN JAN SUN SIC!"I'llm L BOONE & JISSOC1,01TIFS. PC LAPO SuRt SCA,I-E I' . 20 PQRF9AOVK WGIt,^ MIE ITARIJANty 28. In ,I A— Samago V. IJi III 11 'AID �T IIA 12149 11. IF 65 dit DNL A, ,'A INID'I (A.. IIDol REQUEST: Conditional Use Permit (Automobile Repair Garage) ADDRESS I DESCRIPTION: 129 Pennsylvania Avenue 8 December 9, 2015 Public Hearing APPLICANT: SANTIAGO V. LIVARA III PROPERTY OWNER' SLACSAR, LLC STAFF PLANNER: Kevin Kemp GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14678493270000 BAYSIDE 9,461 square feet Less than 65 dB DNL BACKGROUND / DETAILS OF PROPOSAL The applicant requests a Conditional Use Permit to allow for an automobile repair garage on the subject site. The 9,461 square foot site contains a vacant, 8,550 square foot, two-story commercial building. The building is currently vacant. The applicant proposes to occupy the entire building with an automotive repair business. The applicant's automobile repair business specializes in high performance automobile modifications, aerodynamics and body modification, engine and transmission removal and installation, and metal fabrication. The hours of operation will be Monday through Friday, 11:00 a.m. to 7:00 p.m., Saturday 12:00 p.m. to 5:00 p.m., and closed on Sundays. The business is anticipated to employee four people. There am no significant changes to the site layout or the exterior of the building proposed with this application. The two service doom, one on the front fai and one on the north fagade, will remain. New signage will be added to the front facade, and a separate permit will need to be obtained from the Zoning Office prior to its installation. The existing parking area on the north side of the building will remain and will fulfill the parking requirements. As typical in this area of the City, the paved portion of rightsi-opway in front of the buildings SANTIAGO V. LIVARA III Agenda Item 8 Page 1 are used for parking Section 203 (b) of the Zoning Ordinance prohibits any parking space from being arranged such that maneuvering directly incidental to entering or leaving the space be on any public street, alley or walkway. The site is almost entirely covered in impervious surfaces, making the addition of plant material difficult. The applicant has agreed to install four planters, of a minimum height, width or depth of two -feet, in front of the building to enhance the aesthetics of the site LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Vacant commercial building SURROUNDING LAND North. . Office & warehouse / 1-1 Industrial District USE AND ZONING: South: . Office & warehouse / 1-1 Industrial District East: . Pennsylvania Avenue . Office & warehouse / 1-1 Industrial District West: . Office & bulk storage / 1-1 Industrial District NATURAL RESOURCE AND The site is entirely developed with a one story building and CULTURAL FEATURES: associated parking surface The site is located within the Chesapeake Bay Watershed There do not appear to be any significant environmental or cultural features associated with the site. COMPREHENSIVE PLAN: The Pembroke Strategic Growth Area 4 Implementation Plan, adopted in November 2009, identifies this parcel as being within the Central Village District of the Pembroke SGA. In the Central Village District, the plan calls for an eclectic, mid to low-rise commercial and urban residential area. This development will be in the form of live -work, loft and row -house residential buildings and smaller scale mixed use commercial buildings. The Virginia Beach Transit Extension Study includes a light rail station near the intersection of Jersey Avenue and Southern Boulevard, approximately two blocks from the subject site. In addition, a shared -use path is being studied that would run parallel to and south of the light rail line. A five-foot sidewalk is being considered north of the light rail line IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (III I CAPITAL IMPROVEMENT PROGRAM (CIPT Cleveland Street, in the vicinity of this application is a two-lane, undivided minor suburban arterial. It is not included in the IVITP. Currently, this segment of roadway is functioning at LOS C or better Pennsylvania Avenue, in the vicinity of this application, is a two-lane undivided local street It is not included in the VITP. SANTIAGO V. LIVARA III Agenda Item 8 Page 2 A roadway C I P project is slated forth is area. Witchduck Road- Phase 11 (C I P2-025)wil I provide a six -lane divided roadway on a 131 -foot right-of-way from Interstate 264 to Virginia Beach Boulevard. This project will include improvements and modifications to Cleveland Street, Mae Street, Pennsylvania Avenue, Southern Boulevard, Admiral Wright Road, and Derm Lane During construction, Pennsylvania Avenue will be used as a detour route for vehicles as part of the traffic control plans. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume Pennsylvania Avenue No data is No data is available available Existing Land Use 2— 379 ADT 1 -C�) 13,600 ADT (LOS Proposed Land Use 3 - 379 ADT I Cleveland Street 7,519 ADT 15,000 ADT (LOS O�1) 16,200 A 1 Average Daily Trips, 2 as defiren! by general nesel- 8 550 square fast 3 as defined by auto repair and parts- 8,550 sauare feet ' LOS - _.�el of Serv.e WATER: This site is connected to City water There is an existing six-inch City water main along Pennsylvania Avenue that terminates approximately 110 feet north of the property, near the intersection with Cleveland Street The existing one -inch meter (City ID #95060031), located 130 feet north of the property off the City water main along Pennsylvania Avenue, may be used or upgraded to accommodate the proposed development SEWER: This site is connected to City sewer. There is an existing eight -inch City sanitary sewer main along Pennsylvania Avenue. EVALUATION AND RECOMMENDATION The applicant's request consists of occupying an existing commercial building with an automobile repair garage. The subject site is located in the Central Village district of the Pembroke Strategic Growth Area. The proposed use is not consistent with the Comprehensive Plan's recommendation for this portion of the Pembroke SGA; however, the automobile repair use is consistent with the existing character of the area, and is deemed appropriate as an interim use unfit the surrounding area begins to redevelop consistent with the recommendations of the SGA Plan. Rather than a complete redevelopment of the site, this request is limited to minimal improvements to the existing building and site Consistent with similar interim uses in this SGA, Condition 9 is recommended which provides that the Use Permit will be reevaluated in ten years. Although the proposed site improvements are minimal, they will bring the site closer to compliance with the requirements of the Zoning Ordinance with regard to parking and foundation landscaping. Due to the nature of the site and the orientation of the building, there is minimal space available for enhancements to the site; however, the applicant will add four significantly sized planters in front of the building that will SANTIAGO V. LIVARA III Agenda Item 8 Page 3 soften the predominately impervious site Additionally, Staff recommends a condition that would prohibit the paved area in front of the building to be used for parking For the reasons stated above, Staff recommends approval of this request with the conditions below. CONDITIONS 1 Except as modified by any other condition of this Conditional Use Permit, the site shall be developed in substantial conformance with the site plan entitled 'PHYSICAL SURVEY OF 129 PENNSYLVANIA AVENUE, VIRGINIA BEACH, VIRGINIA, FOR SHOU YAN LIN W CHUAN JIN SUN. EXHIBIT FOR CONDITIONAL USE PERMIT, 12/09/2015," dated February 28, 2006, prepared by Stephen 1. Boone & Associates and noted on by Staff. Said plan has been exhibited to the Virginia Beach City Council and is on file with the Planning Department. 2 The site shall not be striped or no vehicle shall be parked on the site such that the vehicle backs out of the parking space into the public right-of-way 3 No less than four (4) planters shall be installed along the front side of the building. The planters shall have a minimum height, width or depth of two (2) feet, and shall be reviewed and approved by the DSC Landscape Architect pror to the issuance of a Certificate of Occupancy. 4 All on-site signage shall meet the requirements and regulations of the Zoning Ordinance A permit shall be obtained for all signage from the Zoning Office of the Planning Department 5. No outdoor vending machines and/or display of merchandise shall be allowed. 6. No motor vehicle repair work shall take place outside of the building. 7. No outside storage of vehicles in a state of obvious disrepair shall be pernnifted Any vehicle in this condition requiring storage shall be stored within the building. 8. No outside storage of tires, parts, or equipment shall be pernnifted 9. This Use Pernnit is temporary and shall be valid no more than ten (10) consecutive years following the date of City Council approval. After said duration of time, per Section 221 (k) of the Zoning Ordinance, the Zoning Administrator may extend the Conditional Use Permit administratively. SANTIAGO V. LIVARA III Agenda Item 8 Page 4 NOTE., Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. Ali applicable permits required by the City Code, including those administered by the Department of Planning Development Services Center and Department of Planning / Permits and inspections Division, and the issuance of a Certificate of Occupancy, am required before any uses allowed by this Use Permit am valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. SANTIAGO V. LIVARA III Agenda Item 8 Page 5 loop MAW -IAS .11, AnN3AV V 1 N VA NN -I d , L :3n N-1 /I I I 'N,, ENE, NS - 1. . 1. 1. E., I FEN .-. . "I'll �NEL NO � 2 PMY NIEI. IN 0, �w �66 ,S..6 - Iw PENNSYLVANIA AVENUE (50' R/W) PHYSICAL SURVEY fill 8" IN - 1 129 PENNSYLVMM MENUE, MMIN� �H, �REUNV .9 1, . 12 1 . . .. . . 1 1 75M ,, 2 PMY NIEI. IN 0, �w �66 ,S..6 - Iw PENNSYLVANIA AVENUE (50' R/W) SITE SURVEY SANTIAGO V. LIVARA III Agenda Item 8 Page 7 PHYSICAL SURVEY IN 129 PENNSYLVMM MENUE, MMIN� �H, �REUNV . 12 1 . . .. . . EUCLID PI -ACE .. '. , 'I N cm� JIN SUN WE f— 2& SITE SURVEY SANTIAGO V. LIVARA III Agenda Item 8 Page 7 75 00' BAY DC @ 2MJ�(f Y L 0 BLI)a #129 16 0 P TER I &MOXI�MJAVE Lo""-ncm lCond /j� BLDG. OF OTHERS � CL.F. W/8AA8 MRE I @ tuERS) PARKING IN THIS AREA CANNOT BE SITUATED 90 THAT CARS BACK OUT IN L TO THE RIGHT-OF-WAY NAL [Condition iM p PLWP 75.00, SITE LAYOUT SANTIAGO V. LIVARA III Agenda Item 8 Page 8 LW -0.3, 1 Mo POST - - - - 40-1 PARKING IN THIS AREA CANNOT BE SITUATED 90 THAT CARS BACK OUT IN L TO THE RIGHT-OF-WAY NAL [Condition iM p PLWP 75.00, SITE LAYOUT SANTIAGO V. LIVARA III Agenda Item 8 Page 8 EXISTING COMMERCIAL BUILDING SANTIAGO V. LIVARA III Agenda Item 8 Page 9 BAYSIDE- 2 Santiago V. Livara III 5038 r1-1 ILLAND 57 CLEVELAND STREET CLLVLLANDSI 5047 50Q 5Q9 1 5017 5033 41 -- �A7 5037 124 1 12" 1 SITE SITE 129 3 120 8-4 12T Z �q 121403 112 116 1 IM w L <65 8 DNL 146 1*3 106 Conditional Use Permut (Autome APPLICATION TYPES CUP=Co.dbon81u Permit MOD = ModfficaUon of Conditions a' Pmft� FVR � Floodplain variance RU = Rwoning NON = Nonconforming Use ALT - Altemwm� Compliance CRZ = Conditional Rezoninn STC = Straet Gimurs SVR = SubdiViSiDn Vanance ! DATE REQUEST ACTION 1 W—/15/2015 CUP (Housing Resource Center) Approved 1 09115/2015 CRZ (1-1 to Conditional B-4) Approved 2 1 Oa(04/2015 I CUP (Automobile Repair Garage) Approved 3 1 09/11/2012 1 CUP (BUIk Storage Yard) Approved ZONING HISTORY SANTIAGO V. LIVARA III Agenda Item 8 Page 10 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 Alienim—tis. Economic Development Noncooformin Compliance, Special investment Program Changes L -op �tmri (EDIP) Board of Zoning Appeals Encroachment Request Rerionin, Certificate of Floodplain Variance Appropriateness Street Closur (Historic Review Board) Franchise Agreement Chesapeake Bay - — - Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wellard, 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 I / APPLICANT DISCLOSURE ECheck here It the APPLICANT IS NQT a corporation, partnership, firm, business. or other unincorporated organization Check he,, if the APPLICANT -15 a corporation, partnership, firm, business. or Page I of 4 0 Pit jg� -if 45 DISCLOSURE STATEMENT SANTIAGO V. LIVARA III Agenda Item 8 Page 11 other unincorporated ongarizatton AND THEN, comli[ele the following (A) List Tire Apploart's name followed by the names of all officers, directors, roarrithes.erti partner,", h,[.w (A(bP-hh,,fPa,c,s,,,) Santiago V L vera III JsoqoV Ledide (B) List the businesses that have a patent subsinclotty ' or affiliated business entry relauni with the Applicant (Attach li firso,cr,sci hand, See rest page for information prounning to footnotes I and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only ifyineverty owner diffire—cromA ii,,ant. F-1 Check here if the PROPIIER�DKNTA i3—NOTa corporation, partnership, hum, b,i or .,her unhoccup .. red organization Check here if he PROPERTY OWNER 1S a corporation, partnership, firm, Wiliness, or other unincorporated organization, AND TH complete the following (A) List the Property Owner 5 name followed by the names of all officers, ifirsi members, trustees, partners, etc. below, (Attach list iforcessiory) SLACSAIF, L L C Stephen J Dubacervich, Manager (8) List the businesses that have a parent subsidiary ' or affiliated business entity lislatforstup with the Property Owner, (Attach list ifnecessary) None The disclosures contained in this form are necessary to inform public Pro, 2 .14 officials who may vote an tire application as to whether thesy have a oni .f,nt .... t ccd,, wc, a law DISCLOSURE STATEMENT SANTIAGO V. LIVARA III Agenda Item 8 Page 12 W vo'nut Rno 11 i liblan., IF an, F rear, � Illar, con, chat vAh- one —mrsumn &—il, F. Ii O.ms bar,, p .. -,., i in,. lr� A In, hon, morr Of n-11... v ....... .... F 51, rare and l -al I.- F ...... I mmlrr of no—O' �' I Yar Chdr, I I I I I I � Affidered b -m,, mu, Flirnxi vi , I,gi 1 1— 1 ... on, ,I mmo T. ',at IFFIrs her at no, To-- Fmc, as a '—paphom --sirs, i on I he mp lor—i e' "" (a) a con' I I in mue entity I, ai%o a controlling .— In in, the, Funny I (..I) Mrry 1, hand Incelemi I, F.F11.1 mi 111, mi ni FrIms, In., Omld be ,'"Ordbi I, dI,Ir-.clrg the F.Fnexe of an affilliuml III ecomontup Find, IN, he Sam' rescor 01 substantially the same mcon Own or manage mI two enuars there Are r0mmam Of r—un I fund, IF .1nin he agates, Fronin" IN -I Fine .,I IT the larro 0111,1 r annial., m -i share -lulluls, vImmor, .. mi an a vi basis an Fitt, IF aturniove . uht, rimiam, clionarm, h,l,,,,n the Inni So, Fiv, Find I -al Frcne,rcoh-s C-fint 0 1 A,, I rare. a 2 1 3 ol SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided sit connection with the bilbitcl of the applic III or any bli age Apr, or ag ba: operated on the Promise if the answer to any item Is YES, please Identify the firm or individual providing the service YESI [NO] I SERVICE Accounting and/or incepoper of ,Our tax return Architect / undricape Architect Land Partner Z Contract licurch.... (if other than the Applicant) - identify purchaser and imuchourion'is service proold... 04 re Inv let pending or purchaser of the III didentifi, Foreigners) Istum,ticurs Constitution, The disclosures contained in this form are necessary to inform public Page 3 of 4 officials who may core on the application as to whether they have a conflict of he ... I no,, V ...... law DISCLOSURE STATEMENT SANTIAGO V. LIVARA III Agenda Item 8 Page 13 W B -ch -bei Joel Ankney, ESQ Th.1hnm., In, SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach lose 0 Z an interest I. the subject land or any proposed development contingent on the subject public acti fir,es, What., the rtma of the official or employee and What 15 the nature of the mtoost' I ce mfy that all of the Information contained in tin s Do clos ure Strome nt Farm 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 pilot to the Planning Commission, Council, VBDA meeting, or mi of any public body or committee in connection with this A'pfication. zzlz L -��7 Is.;;g.v L.v-a. III f,// 3 0/ Is The disclostri contained in %mr form are necessary to inform public Page 4 of 4 off.I.M1 who as �.,, n he ii ..... .. 1. Whether they her, a c—th,, of Interest Linder Virginia law DISCLOSURE STATEMENT SANTIAGO V. LIVARA III Agenda Item 8 Page 14 Financing flindude current mortgage holders and lenders selected ., being c ... dened or mov,do fim.namg for romisnum or cars ....... u of he property) tiger Services Fcurrent j Real Estate Brokers / Agents for and anticipated future sales of the subj�t property W B -ch -bei Joel Ankney, ESQ Th.1hnm., In, SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach lose 0 Z an interest I. the subject land or any proposed development contingent on the subject public acti fir,es, What., the rtma of the official or employee and What 15 the nature of the mtoost' I ce mfy that all of the Information contained in tin s Do clos ure Strome nt Farm 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 pilot to the Planning Commission, Council, VBDA meeting, or mi of any public body or committee in connection with this A'pfication. zzlz L -��7 Is.;;g.v L.v-a. III f,// 3 0/ Is The disclostri contained in %mr form are necessary to inform public Page 4 of 4 off.I.M1 who as �.,, n he ii ..... .. 1. Whether they her, a c—th,, of Interest Linder Virginia law DISCLOSURE STATEMENT SANTIAGO V. LIVARA III Agenda Item 8 Page 14 Item #8 Santiago Livara, III Conditional Use Permit 129 Pennsylvania Avenue District 4 Bayside December 9, 2015 CONSENT An application of Santiago Livara, III for a Conditional Use Permit (Automobile Repair Garage) on property located at 129 Pennsylvania Avenue, District 4, Bayside. GPIN: 14678493270000. CONDITIONS 1. Except as modified by any other condition of this Conditional Use Permit, the site shall be developed in substantial conformance with the site plan entitled "PHYSICAL SURVEY OF 129 PENNSYLVANIA AVENUE, VIRGINIA BEACH, VIRGINIA, FOR. SHOU YAN LIN &' CHUAN AN SUN. EXHIBIT FOR CONDITIONAL USE PERMIT, 12/09/2015," dated February 28, 2006, prepared by Stephen 1. Boone & Associates and noted on by Staff. Said plan has been exhibited to the Virginia Beach City Council and is on file with the Planning Department. 2. The site shall not be striped or no vehicle shall be parked on the site such that the vehicle backs out of the parking space into the public right-of-way. 3. No less than four (4) planters shall be installed along the front side of the building. The planters shall have a minimum height, width or depth of two (2) feet, and shall be reviewed and approved by the DSC Landscape Architect prior to the issuance of a Certificate of Occupancy. 4. All on-site signage shall meet the requirements and regulations of the Zoning Ordinance. A permit shall be obtained for all signage from the Zoning Office of the Planning Department. 5. No outdoor vending machines and/or display of merchandise shall be allowed. 6. No motor vehicle repair work shall take place outside of the building. 7. No outside storage of vehicles in a state of obvious disrepair shall be permitted. Any vehicle in this condition requiring storage shall be stored within the building. 8. No outside storage of tires, parts, or equipment shall be permitted. 9. This Use Permit is temporary and shall be valid no more than ten (10) consecutive years following the date of City Council approval. After said duration of time, per Section 221(k) of the Zoning Ordinance, the Zoning Administrator may extend the Conditional Use Permit administratively. A motion was made and seconded by Commissioner Weiner to approved item 8. Item #8 Santiago Livara, III Page 2 By a vote of 7-0-2, with the abstentions so noted, the Commission approved item 8 for consent. The applicant appeared before the Commission. AYE 7 NAY 0 ABS 2 ABSENT 2 BROCKWELL AYE HODGSON AYE INMAN AYE KWASNY ABSENT OLIVER ABSENT RIPLEY AYE RUCINSKI AYE RUSSO ABS THORNTON ABS WALL AYE WEINER AYE By a vote of 7-0-2, with the abstentions so noted, the Commission approved item 8 for consent. The applicant appeared before the Commission. T v 2 LAJ uJ m t; LU 3nN3AVVINVAI.kSNN3d C4 C4 QU M t- bM 3nN3AV AMY 9 Ln ko v 0 4� c m 2 LAJ uJ m t; LU 3nN3AVVINVAI.kSNN3d C4 C4 QU M t- bM 3nN3AV AMY 9 Ln ko v wk, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH- An Ordinance to Amend Section 801 of the City Zoning Ordinance Pertaining to the Requirements for Farm Stand MEETING DATE: January 19, 2016 a Background: Farm stands are currently a conditional use in the 0-2 Office District. Although an unusual use in an Office District, farm stands were added to this zoning category in order to retain Stoney's Produce in the First Colonial Road corridor when the original location of the farm stand was acquired for Linkhorn Park Elementary School. Considerations: The amendment proposes changes to the existing regulations as follows: 1 . Section 801 currently limits the size of a farm stand to 1,000 square feet. The amendment deletes this maximum and allows for the size to be determined with the conditional use permit. 2. The amendment clarifies that only agricultural and agriculturally -related products, as defined in Section 401(e) pertaining to the Agricultural Districts, can be sold at a farm stand. 3. The amendment clarifies that areas where crops will be grown and/orfarm animals kept must be identified. 4. One parking space for every 250 square feet of covered farm stand sales area is required unless a modification is warranted. There was no opposition to the request. Recommendations: The proposed amendment allows flexibility in the size of farm stands in the 0-2 Office District and clarifies other requirements, therefore, staff recommends approval. The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11 -0, to recommend approval of this amendment to the City Council. 0 Attachments: Staff Report Ordinance Minutes of Planning Commission Hearing City of Virginia Beach Amendment to Section 801 Farm Stands in the 0-2 Office District Page 2 of 2 Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 AN ORDINANCE TO AMEND SECTION 801 OF THE CITY ZONING ORDINANCE PERTAINING TO THE REQUIREMENTS FOR FARM STANDS SECTION AMENDED: § 801 of City Zoning Ordinance WHEREAS, the public necessity, convenience, general welfare and good zoning practice so require, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 801 of the City Zoning Ordinance is hereby amended and reordained to read as follows: ARTICLE 8. OFFICE DISTRICTS Sec. 801. Use regulations. (a) Principal and conditional uses. The following chart lists those uses permitted within the 0-1 and 0-2 Office Districts. Those uses and structures in the respective office districts shall be permitted as either principal uses indicated by a "P" or as conditional uses indicated by a "C " Uses and structures indicated by an "X" shall be prohibited in the respective districts. No uses or structures other than as specified shall be permitted. Use 01 02 RnAdq d Farm stands for the sale of agricultural products, provided that (1) the size of the stand shall be determined bV the Conditional Use Permit: no Aunh stand AhAll Pxnped ane thousand (1,000) 6quaFe feet in f!GGF aFea, (2) only agricultural and agriculturally -related products, as defined in Section 401 (e) the City Zoning Ordinance, shall be sold at the farm stand; no su In stand she!' x C be located within f fty (50) feet of any street; (3) all portions of the propertV used for agricultural purposes including, but not limited to, the growing of crops or the raising of farm animals shall be identified in the Conditional Use _Permit- the epei,ateF Gf 66IGh stand shall he the owner or operator of the property on which 30 31 the stand s laGated� and (4) One parking space for every 250 square feet of covered farm stand sales area shall be provided, unless special conditions warrant a modification identified in the Conditional Use Permit. no less than fifty (59) PeFGeRt, by value, of the PFoduGts effeFed fpF sAlp At the stand shall have been pFoduGed by the epeFator of the MgRd Adopted by the Council of the City of Virginia Beach, Virginia, on the _ day of 2016. APPROVED AS TO CONTENT: Pl�ning de6ariment CA1 3423 R-2 August 21, 2015 APPROVED AS TO LEGAL SUFFICIENCY. City At(torney's Office 23 October 14, 2015 Public Hearing CITY OF VIRGINIA BEACH AMENDMENT TO ZONING ORDINANCE - FARM STANDS REQUESTS: An Ordinance to Amend Section 801 of the City Zoning Ordinance Pertaining to the Requirements for Farm Stands SUMMARY OF AMENDMENT Farm Stands are currently a conditional use in the 0-2 Office District. Although an unusual use in an Office District, farm stands were added to this zoning category in order to retain Stoney's Produce in the First Colonial Road corridor when the original location of the farm stand was acquired for Linkhorn Park Elementary School The amendment proposes changes to the existing regulations as follows: 1 . Section 801 currently limits the size of a farm stand to 1,000 square feet. The amendment deletes this maximum and allows for the size to be determined with the conditional use permit. 2 The amendment clarifies that only agricultural and agriculturally -related products, as defined in Section 401 (a) pertaining to the Agricultural Districts, can be sold at a farm stand. 3. The amendment clarifies that areas where crops will be grown and/or farm animals kept must be identified. 4. The amendment requires one parking space for every 250 square feet of covered farm stand sales area unless a modification is warranted RECOMMENDATION The proposed amendment brings the regulations on farm stands in the 0-2 Office District more into alignment with the regulations for farm stands in Agricultural Districts and is recommended for approval, CITY OF VIRGINIA BEACH / Farm Stands Agenda Item 23 Page 1 Item #23 City of Virginia Beach An Ordinance to Amend Section 801 of the City Zoning Ordinance Pertaining to the Requirements for Farm Stands October 14, 2015 1. Section 801 currently limits the size of a farm stand to 1,000 square feet. The amendment deletes this maximum and allows for the size to be determined with the conditional use permit. 2. The amendment clarifies that only agricultural and agriculturally -related products, as defined in Section 401(e) pertaining to the Agricultural Districts, can be sold at a farm stand. 3. The amendment clarifies that areas where crops will be grown and/or farm animals kept must be identified. 4. The amendment requires one parking space for every 250 square feet of covered farm stand sales area unless a modification is warranted. A motion was made by Commissioner Thornton and seconded by Commissioner Ripley to approve item 23. By a vote of 11-0, the Commission approved item 23 by consent. Karen Lasley appeared before the Commission. AYE 21 NAY 0 ABS 0 ABS 0 BROCKWELL AYE HOOGSON AYE INMAN AYE KWASNY AYE OLIVER AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 11-0, the Commission approved item 23 by consent. Karen Lasley appeared before the Commission. L. APPOINTMENTS BEACHES md WATERWAYS ADVISORY COMMISS10N BIKEWAYS md TRAILS ADVISORY COMMITTEE BOARD OF BUILDING CODE APPEALS - MECHANICAL CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD — CSB HAMPTON ROAD ECONOMIC DEVELOPMENT ALLIANCE HAMPTON ROADS PLANNING DISTRICT COMMISSION HISTORIC PRESERVATION COMMISSION PARKS md RECREATION COMMISSION RESORT ADVISORY COMMISSION - RAC TRANSITION AREA INTERFACILITY TRAFFIC AREA (ITA) VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION VIRGINIA BEACH HEALTH SYSTEMS ADVISORY BOARD WETLANDS BOARD N. NEW BUSINESS 0. ADJOURNMENT 1/19/16 afb CITY OFVIRGINIA REACH CITI'MANAGER'S BRIEFINGS SUMMARY OF COUNCIL ACTIONS A UNMANNEDAERIAL VEHICLE I ... Z.e... R 0 Deputy Chief- Pollo, S B PENDING PLANNING IIIAIS Hour, Frankeirfield, D S DATE 01A)5�(Afi PACE I A Or ... I., V IWIVIVI CERTIFICATION OF CLOSED IT S AGENDA F If VNI A E W ITEM a SUBJECT MOU ]ON VOTE N E i M S U I CFRHF1FD 11-0 P D N 0 K M M S IT F. W 0 Y L N A 0 0 0 it S 0 R E F F N S N M 1 0 0 Y I R ) . S L S D a N . N . D I CITI'MANAGER'S BRIEFINGS A UNMANNEDAERIAL VEHICLE I ... Z.e... (UAV)INIT]ATIVE Deputy Chief- Pollo, B PENDING PLANNING IIIAIS Hour, Frankeirfield, Or ... I., IWIVIVI CERTIFICATION OF CLOSED VNI SESSIONS A-E CLOSED INTERVIEW SESSION CFRHF1FD 11-0 Y 11 Y Y Y N Y Y Y Deectuder I I CLOSED COUNCIL SESS [ON CERTIFIED H- 0 Y Y Y Y Y Y Y Y Y Y J..., 5,2016 VI F MINUTES CLOSED INTERVIEW SESSIONS APPROVED 11-0 Y Y Y Y Y Y Y Y Y D,eciflu,12,4,7, '015 INFORMALTORMAL SESSION APPROVED 11-0 Y Y Y Y Y Y Y Y Y Y Y Dec,embe,8,2015 VIG FORMAL SESSION AGENDA CONSENT AGENDA VIH PRESENTATION Mike E,i,.l., Resort Adminarrind, CO Y PROPERTY to be used her Bunch Fatness Park-39th4(aflh StreeN Strategic Growth Area Department Vill Ordinance to AMEND City Cod, re ADOP IED, BY Adardashan, Ease, to c.e.Pt c,eta, CONSENT 11-0 Y Y Y Y Y Y I Y Y tainfiting charitable organucations VTT2 Ordinance to AUTHORIZE acquisition of ADOPTED, BY p,.,,t, vvithur the S.atheretir. CONSENT 11-0 Y Y Y Y Y Y Y N Y jr P.rka.,1Grc,.bcR Front the Trusts of U T / Ys.nnc S Bre. I AUTHORIZE the appropriate Agreement V113 Resolutran to AUTHORIZE ADUPIED BY 11-0 Y Y Y Y Y I N y y Y ISSUANCE/ SALE of $125,000,WO in CONSENT I ....... ent / Reftnuh., third. V114 Resolution to REQUEST suppit of the ADOPTED BY Y Y Congressional Delegation to include the CONSENT 11-0 y Y Y Y Lyenh.,,. Ri�s, Basin E ... y.t,. R,,t.r.ti.. IN.Pritur Fla A., C.,ps id Engineers FY- 2016 Work Plan ser a Top Nana,'AUTHORIZE Ca,', the restoration V115 Ordinance to AUTHORIZE mAgmement MOTION TO '1 N N N N Y Y us construction � dedication ofthe 'Ifillier "PROVE LOST TO 5-5 N Ignite Fitness Park' at 40th Sucer FIE VO I L Occanfinau CITY OF VIRGINIA BEACH Resolutions to REQUEST the Virginia SUMMARY OF COUNCIL ACTIONS General Assembly R 0 AHOP I ED, BY to- I Y )' Y Y Y N Y Y Y S Y based peer,to-poer hospitality �n ices CONSENT D S DATE 01105P016 PAGE 2 A ADDY ITD, BY 11-0 N Y Y Y y N Y Y y V Himeaphas University ra Once, are / CONSENT IT S AGENDA E 13 A E w ITEM 9 SUBJECT MOTION VOTE N E I M S u I p D N 0 K M M S 11 L W 0 Y L N A 0 0 0 R S 0 R E E N S N M 1 0 01 Y T I R y IE S I E , . . . S N I N I D V1 16 Resolutions to REQUEST the Virginia General Assembly a LEGISLATE regulations ou internet AHOP I ED, BY to- I Y )' Y Y Y N Y Y Y Y Y based peer,to-poer hospitality �n ices CONSENT b DIRECT a $25-Milloart ap,00pTeation to ADDY ITD, BY 11-0 N Y Y Y y N Y Y y Y Himeaphas University ra Once, are / CONSENT Inatitnecif V117 Cochairman, to ACCEPTIAPPROPRIAI E/ TRANSFER a $200,000fira.VABah.lival ADCJFTFD, BY 11 -0 y Y Y y y Y Y Y Y y Haafth/De,el.paronit to R.... Servor. 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CQdg,a nonarfiatant.W CONSENG T fabr�ating/whoiesaling/disuibution at 609 1 TO Street - ViBe Distritt N DISTRICT 6 -BEACH E D VIJ6 PRINCESS ANNE MEADOWS, ITU/ "PROVED, AS I 1 0 Y Y Y Y Y Y Y Y FIVE MILE STRETCH ASSOC., LLC, PROFFERED AND Conditional COZ from AG-VAG-2 to REVISED Conditional R-10 at Pruncess Anne Road Ournerrinart Drivers ani,la-flord, ' e"' ' DwISTRICT 7 - PR[NCESS ANNE C177Y OF VIRGINIA REACH AMEND Section 242 1 of the CZO Te ADOPTED, BY SUMMARY OF COUNCILA MONS 11-0 R Y Y Y Y Y Y Y Y Y Y 0 CONSENT S K APPOINTMENTS STSCHEDULED. BY D S DATE 01/05�016 PAGE 3 A CONSINSUS V ADVISORY COMMISSION 11 S AGENDA F H A E W HEMN SUBJECT MOHON VOIL N E I M S u I P D N 0 K M M S H L W 0 Y 1. N A 0 0 0 R S 0 - " E N S - M 1 0 0 T I R Y If . , . E S I D I S N I N I D VTJ7 AMEND Section 242 1 of the CZO Te ADOPTED, BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Lathan ParlorieBenly P.c,c,.g CONSENT K APPOINTMENTS STSCHEDULED. BY BEACHES and WATERWAYS CONSINSUS ADVISORY COMMISSION BMEWAYS and TRAILS ADVISORY COMMITTEE BOARX) OF BUILDING CODE APPEALS -MAINTENANCE CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD HAMPTON ROAD ECONOMIC DEVELOPMENT ALLIANCE HISTORIC PILESERVATION COMMISSION PARKS and RECRLAI ION COMMISSION RESORT and ADVISORY COMMISSION TRANSITION AREA INTERFACILITY TRAFFIC AREA CUFaENS ADVISORY COMMITTEE VIRGINIA BEACH COMMUNITY DEVELOPMENT COIUSORATION VIRGINIA BEACH HEALTH SYSTEMS ADVISORY BO� WETLANDS BOARD LISLE ADJOURNMENT 8:48 P.M. PUBLIC COMMENT I S,.k., 8:48 P.M. -8.50 P.M.