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APRIL 18, 2017 AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL cni sFq MAYOR WILLIAM D SESSOMS.JR At-Large $.. �' v -- LOUIS - VICIMAYOR RJONE18Y . - 4 " e D II'SN(A V.AHBOZI Kempwille Insinct- 1 M INNIA6/IN DAVENPORT.Ar Lg V r S ROBERT DY LIR C ( II Onerni I BARBARA M HENLEY P ncest Anne limner N *" SHANNON ON SANERow Hall Owner 3 _ JOHN D.MOSS.Al Large • 00* JOHN 1. (WHIN Beach Owner6 " ROSLMAHY WILSON.At-Large JAMES I. W(X)D.4vnnhaven-INun0 CITY HALL BUILDING 2401 COURTHOUSE DRIVE CITY COUNCIL APPOINTEES CIIY MANAGER WIRD: NSRN VIRGINIA BEACH VIRGINIA 23456-9005 CIIY ArTORNRY MARK I)STILES CITY COUNCIL AGENDA PHONE 1757)385-4303 CITY ASSESSOR-JEIALD D BANAOAN FAX 1759)385-5669 CITY AUDIZOR-LYND)ON S.REMIAs April 18,2017 E-MAIL:Clycncl©vbgov.corn rrfY CLERK aura HODGES vRASER,MMC MAYOR WILLIAM D. SESSOMS,JR. PRESIDING 1. CITY COUNCIL BRIEFINGS - Conference Room - 3: 00 PM A. FY 2017-18 RESOURCE MANAGEMENT PLAN (Budget) 1. VIRGINIA BEACH CITY PUBLIC SCHOOLS Dr. Aaron Spence, Superintendent 2. LIBRARIES Eva Poole, Director 3. ECONOMIC DEVELOPMENT Warren Harris. Director 4. AGRICULTURE David Trimmer, Director 5. CONVENTION AND VISITOR'S BUREAU Brad Van Dommelen, Director 6. HOUSING AND NEIGHBORHOOD PRESERVATION Andrew Friedman, Director II. CITY MANAGER BRIEFINGS A. RISK MANAGEMENT REPORT Jeff Rodarmel, Risk Management Administrator B. PRINCESS ANNE COMMONS HOTEL AND TCC Ronald Williams, Deputy City Manager C. INTERIM FINANCIAL REPORT Patricia Phillips, Director - Finance III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - Conference Room - 5:45 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. INVOCATION: Pastor C. David Moore Miracle Christian Center C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS April 4, 2017 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. PUBLIC HEARINGS 1. PROPOSED FY 2017-2018 RESOURCE MANAGEMENT PLAN a. FY 2017-2018 Operating Budget($1,969,527,901) b. FY 2017-2018 Capital Budget($316,956,122) c. Sayville Creek SSD Levy Increase($0.569 per$100 of Assessed Value) d. Real Estate Tax Rate Increase ($1.016 per $100 Assessed Value) e. Stormwater Management Fee Increase(Incremental ERU) f. General Obligation Bond Issuance ($69,272,406) g. Stormwater Utility Revenue Bond Issuance ($30,143,013) 2. CONVEYANCE of EXCESS CITY PROPERTY (DISTRICT 7—PRINCESS ANNE) Upton Drive to Michael P. and Cheryl Caffyn 3. LEASE OF CITY PROPERTY Farmer's Market—Gilly's Creamery 4. CENTURY LINK COMMUNICATIONS, INC. Franchise re Installation and Maintenance of Network Facilities I. ORDINANCES/RESOLUTIONS 1. Ordinance to AMEND Sections 8-34 and 8-56 of the City Code re Electrical Inspection fees 2. Ordinance to AUTHORIZE execution of a Lease for Gilly's Creamery,LLC at the Farmer's Market 3. Ordinance to AUTHORIZE execution of a License Agreement for Megabus Northeast, LLC for a Bus Transfer site at Pacific Avenue and 19th Street 4. Ordinance to GRANT a Franchise to CenturyLink Communications,LLC re installation and maintenance of Network Facilities in public rights-of-way 5. Resolution to DESIGNATE Virginia Beach Boulevard in memory of Dr. Martin Luther King 6. Resolutions to REQUEST the Virginia Department of Transportation (VDOT) ACCEPT: a. Additional Streets for Urban Maintenance Payments b. Corrections and Deletions to the Road Inventory 7. Resolution to DIRECT the City Auditor to conduct an Audit of the Stormwater Management Utility 8. Ordinances to EXTEND the date to satisfy Conditions re closure of portions of: a. Scott Bend Lane right-of-way (approved April 21,2015) (DISTRICT 6—BEACH) b. Singleton Way, South Witchduck and Princess Anne Roads (approved April 22, 2014) (DISTRICT 2—KEMPS V ILLE) 9. Ordinances to ACCEPT, APPROPRIATE and TRANFER funds: a. $1,000,180 from Capital Projects re renovation of the Adult Learning Center for the EMS Headquarters and the 911/311 Call Center and Training facility b. $ 15,571 from the Virginia Department of Fire Programs to Fire re the Fire Training Burn Building c. $ 4,900 Grant from Tidewater Bicycle Association to Parks and Recreation re a Bike Safety Education program for an Intern d. $ 3,000 Grant from GEICO to Police re the Every 15 Minutes Program e. $ 1,984 Grant from the Office of Attorney General to the Sheriff re Operation Lookout for Senior Citizens f. $ 850 from the Fire Gift Fund to Fire Station#10 re a grill J. PLANNING 1. AT ASSOCIATES, LLP for a Conditional Use Permit re Bulk Storage at 2677 Virginia Beach Boulevard DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 2. JENNA, STEVE and JENNA ZIMMERMANN for a Conditional Use Permit re a Home-Based Wildlife Rehabilitation Facility at 2108 Alwood Court DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 3. BEACH BOROUGH DEVELOPMENT, LLC for a Special Exemption for Alternative Compliance re two Row Houses at 421 21g Street DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 4. 21s1-DEVELOPMENT, LLC for a Special Exemption for Alternative Compliance re two Row Houses at 415 & 417 21g Street DISTRICT 6—BEACH RECOMMENDATION: APPROVAL K.APPOINTMENTS 2040 VISTION-TO-ACTION COMMUNITY COALITION GREEN RIBBON COMMITTEE HUMAN RIGHTS COMMISSION MINORITY BUSINESS COUNCIL PROCESS IMPROVEMENT STEERING COMMITTEE RESORT ADVISORY COMMISSION TOWING ADVISORY BOARD L. UNFINISHED BUSINESS M.NEW BUSINESS N. ADJOURNMENT **********t***t.****.* If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 4/18117/st Virginia Beach City Council Speaker time Limits ORDINANCES/RESOLUTIONS: Each registered speaker will have three(3)minutes to support the document or express concerns PLANNING ITEMS: Applicants,or their Representatives,will have ten(10)minutes to define the need or explain the intent plus three(3)minutes for Rebuttal Speakers will have three(3)minutes to speak once in favor or opposed. CITY COUNCIL CIP BRIEFINGS, BUDGET WORKSHOPS SCHEDULE FOR THE FY 2017-18 RESOURCE MANAGEMENT Tuesday,April 25th Cultural Affairs Tuesday, April 27th Museums (Called Meeting) Parks and Recreations SPECIAL FORMAL Treasurer SESSION Commission of Revenue Public Hearing—6:00 PM General Registrar Bayside High School STIR Office City Attorney City Auditor City Clerk Real Estate Assessor's Office Information Technology Tuesday, May 2nd Finance Reconciliation Workshop Human Resources Communications Office Debt Service Budget and Management Tuesday, May 9th Services (Called Meeting) Non-Departmental City Manager's Office Budget and OP Vote SPECIAL FORMAL SESSION Public Hearing—6:00 PM City Council Chamber HEAR YE,HEAR YE JULY FOURTH TWO THOUSAND SEVENTEEN IS A CITY HOLIDAY BY ORDINANCE,JULY FORMAL SESSIONS OF VIRGINIA BEACH CITY COUNCIL ARE SCHEDULED FOR THE FIRST and SECOND TUESDAY IN JULY 2017 VIRGINIA BEACH CITY COUNCIL FORMAL SESSIONS WILL BE HELD ON THE SECOND AND THIRD TUESDAY [JULY I1"h AND JULY 18n11 MAYOR WILLIAM D. SESSOMS,JR. PRESIDING I. CITY COUNCIL BRIEFINGS - Conference Room - 3: 00 PM A. FY 2017-18 RESOURCE MANAGEMENT PLAN (Budget) 1. VIRGINIA BEACH CITY PUBLIC SCHOOLS Dr. Aaron Spence, Superintendent 2. LIBRARIES Eva Poole, Director 3. ECONOMIC DEVELOPMENT Warren Harris, Director 4. AGRICULTURE David Trimmer, Director 5. CONVENTION AND VISITOR'S BUREAU Brad Van Dommelen, Director 6. HOUSING AND NEIGHBORHOOD PRESERVATION Andrew Friedman, Director II. CITY MANAGER BRIEFINGS A. RISK MANAGEMENT REPORT Jeff Rodarmel, Risk Management Administrator B. PRINCESS ANNE COMMONS HOTEL AND TCC Ronald Williams, Deputy City Manager C. INTERIM FINANCIAL REPORT Patricia Phillips, Director- Finance III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - Conference Room - 5:45 PM A. CALL TO ORDER— Mayor William D. Sessoms, Jr. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. INVOCATION: Pastor C. David Moore Miracle Christian Center C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS April 4, 2017 G. FORMAL SESSION AGENDA I. CONSENT AGENDA H. PUBLIC HEARINGS 1. PROPOSED FY 2017-2018 RESOURCE MANAGEMENT PLAN a. FY 2017-2018 Operating Budget ($1,969,527,901) b. FY 2017-2018 Capital Budget($316,956,122) c. Bayville Creek SSD Levy Increase ($0.569 per$100 of Assessed Value) d. Real Estate Tax Rate Increase ($1.016 per$100 Assessed Value) e. Stonnwater Management Fee Increase(Incremental ERU) f. General Obligation Bond Issuance ($69,272,406) g. Stormwater Utility Revenue Bond Issuance($30,143,013) 2. CONVEYANCE of EXCESS CITY PROPERTY (DISTRICT 7—PRINCESS ANNE) Upton Drive to Michael P. and Cheryl Caffyn 3. LEASE OF CITY PROPERTY Farmer's Market—Gilly's Creamery 4. CENTURY LINK COMMUNICATIONS, INC. Franchise re Installation and Maintenance of Network Facilities NOTICE OF PUBLIC HEARING Tuesday,April 18th, 2017—6:00 RM. — City Council Chamber 2401 Courthouse Drive, Virginia Beach, VA 23456 Pursuant to Section 5.07 of the City Charter and Section 2-197 of the CM Code,the Council of the City of Virginia Beach,Virginia will hold a Public Hearing at the time and place noted above,on the City Manager's Proposed Operating Budget for the fiscal year beginning July 1,2017 and ending June 30,2018 and on the Capital Improvement Program,including the fiscal year 2017-18 Capital Budget. A brief synopsis follows, PROPOSED FISCAL YEAR 2017-18 OPERATING BUDGET Summary of Appropriations -Agriculture 5,747,488 -Housing B Neighborhood Preservation 30,729,873 -Aquarium and Historic Homes 12,579135 -Human Resources 4,698,598 -Budget and Management Services 1,442,622 -Human Services 117,841,868 -City Attorney 4,226,703 -Information Technology 25,531,789 -City Auditor 851,682 -Library 18,163,864 -City Clerk 648,579 -Municipal Council 517,719 -City Manager 2,296,969 -Non-Departmental 75,127,158 -City Real Estate Assessor 3,241,308 -Office of Emergency Management 451,130 -City Treasurer 6,067,276 -Parks and Recreation 57,698,323 -Commissioner of the Revenue 4,624,431 -Pay-As-You-Go Capital Projects 67,865,016 -Commonwealth's Attorney 9,273,589 -Planning B Community Development 25,256,671 -Communication's Office 1,611,987 -Police 101,394,179 -Convention&Visitor Bureau 26,911,598 -Public Education 894,508,198 -Courts and Court Support 6,741,029 -Public Utilities 107,426,664 -Cultural Affairs 2,408,783 -Public Works 143,371,030 -General Fund Debt Service 53,067,145 -Reserve for Contingencies 11,018,366 -Economic Development 4,232,370 -Sheriff's Office 47,177,315 -Emergency Communications and 10,661,854 -STIR Office 687,625 Citizen Services -Voter Registration and Elections 1,812,948 -Emergency Medical Services 11,962,020 -Finance 5,051,767 -Fire 53206,018 -Future CIP Commitments 8,000,000 -Health 3,395,214 TOTAL APPROPRIATIONS $1,969,527,901 Summary of Revenues General Property Taxes $722,234,275 Miscellaneous Revenue 8,683,440 Other Local Taxes 306,312,724 From the Commonwealth 492,806,338 Permits,Privilege Fees, From the Federal Government 116,077,312 and Regulatory Licenses 5,980,627 Non-Revenue Receipts 2,785,634 Fines and Forfeitures 6,489,556 Fund Balance/Retained Earnings 19,905,909 Use of Money and Properly 10,404,153 Charges for Services 277,847,933 TOTAL REVENUES$1,969,527,901 PROPOSED FISCAL YEAR 2017-18 CAPITAL BUDGET Summary of Project Estimates Sources of Funding Capital Budget Capital Budget Project Section FY2017-18 J pe01Fh,anch,g FT 2017-18 Schools $55,991,000 Pay-As-You-Go' $67,865,016 Roadways 96,191,164 General Fund Undesignated Fund Balance 22,960,555 Buildings and Assets 37,926,613 Other Fund Balance/Retained Earnings 50,735,382 Parks and Recreation 6,704,270 State 62,452,223 Utilities 77,449,414 Federal 3,872,653 Coastal 15,270000 Bonds/Lease Purchases 99,144,620 Economic and Tourism Development 13,671,385 Other 9,925,673 Information Technology 13,752,276 Total Financing-All Sources $316,956,122 Total Capital Improvement Program$3113,956,122 'Reflects cash financing,ampamonrrevenues m me Operating Budget,meta meulered m me CP The Proposed Operating Budget and Proposed Capital Improvement Program/Capital Budget documents are available at the Meyera E.Oberndorf Central Library during scheduled hours of operation. Copies are also available for examination at the City Manager's Office,the City Clerk's Office,and the Department of Budget and Management Services,in the City Hall Building,Municipal Center,between 8:00 a.m,and 5:00 p.m.,Monday through Friday. These documents can be viewed on the City's web page located at www.vbgovcom. MI Hearings are open to the public and all interested citizens will have an opportunity to be heard. To provide an opportunity for all citizens to be heard,speakers are asked to make oral comments within three minutes or other such reasonable time limit as shall be determined by City Council. Individuals desiring to provide written comments may do so by contacting the City Clerk's office at 385-4303 or by registering with the City Clerk's office on the second floor of the City Hall Building prior to the Hearing. If you are physically disabled or visually impaired and need assistance at this meeting,please call 385-4303;hearing impaired,call TDD-711. Ruth Hodges Fraser,MMC PUBLIC NOTICE NOTICE OF PROPOSED SSD LEVY INCREASE WITHIN THE BAYVILLE CREEK SPECIAL SERVICE DISTRICT On Tuesday, April 18th, 2017, at 6:00 p.m. in the City Council Chamber on the second floor of the City Hall Building (Building #1), 2401 Courthouse Drive, Virginia Beach,Virginia, the Council of the City of Virginia Beach, Virginia,will hold a public hearing concerning a proposed ordinance establishing the special service district (SSD) levy in the Bayville Creek Special Service District for the fiscal year 2018, in accordance with Chapter 24 of Title 15.2 of the Code of Virginia. The City Council is considering an increase of the SSD levy in the Bayville Creek Neighborhood Dredging SSD to fifty-six and nine-tenths cents ($0.569) on each one hundred dollars ($100) of assessed valuation, effective July 1, 2017. This rate is an increase from the current rate of thirty-six and three tenths cents ($0.363) on each one hundred dollars ($100) of assessed valuation. This levy shall be in addition to the real estate tax rate set forth by the General Real Estate Tax Levy adopted by City Council. This Hearing is open to the public and all interested citizens will have an opportunity to be heard. Individuals desiring to provide written comments may do so by contacting the City Clerk's Office at 385-4303. If you are physically disabled or visually impaired and need assistance at this meeting, please call 385-4303. Hearing impaired, TDD — 711 . Ruth Hodges Fraser, MMC City Clerk PUBLIC NOTICE NOTICE OF PROPOSED REAL ESTATE TAX RATE INCREASE On Tuesday, April 18th, 2017, at 6:00 p.m. in the City Council Chamber on the second floor of the City Hall Building (Building #1), 2401 Courthouse Drive, Virginia Beach, Virginia, the Council of the City of Virginia Beach, Virginia, will hold a public hearing concerning a proposed ordinance establishing the tax levy on real estate for the fiscal year 2018. The City Council is considering an increase of the tax rate on all real estate of up to one dollar and one and six-tenths of a cent ($1.016)on each one hundred dollars($100)of assessed valuation, effective July 1,2017 to implement a full day kindergarten program and expand the pre-kindergarten for all eligible students. The proposed rate would also apply to manufactured homes. This rate is an increase from the current rate of ninety-nine cents ($0.99) on each one hundred dollars ($100) of assessed valuation. The increase of two and six-tenths of a cent ($0.026) would apply to the separate classifications of real property applicable to historic and energy efficient buildings as well. The City Manager's Proposed Budget includes a proposed tax rate on all real estate and manufactured homes of one dollar and twenty-five hundredths of a cent ($1.0025) on each one hundred dollars ($100) of assessed valuation, which is also an increase from the current tax rate. This Hearing is open to the public and all interested citizens will have an opportunity to be heard. Individuals desiring to provide written comments may do so by contacting the City Clerk's Office at 385-4303. If you are physically disabled or visually impaired and need assistance at this meeting, please call 385-4303. Hearing impaired,TDD — 711. Ruth Hodges Fraser, MMC City Clerk PUBLIC NOTICE NOTICE OF FEE INCREASES STORMWATER MANAGEMENT FEES On Tuesday,April 18th,2017,at 6:00 p.m. in the City Council Cham- ber on the second floor of the City Hall Building (Building#1), 2401 Courthouse Drive, Virginia Beach, Virginia, the Council of the City of Virginia Beach,Virginia, will hold a public hearing concerning a proposed ordinance amending Section 32.5-2 of the City Code to increase storm water management fees charged on an equivalent residential unit (ERU) as follows Daily Doily Doey Dail/ Daily Curren Charge Chace Chage CMrge Charge Daily Etbetie Elective Make Efface.* ELctie Chace 7/1/2017 7/1/2018 7/1/2319 7/1/2020 7/1/2021 EM'wbn $ 0.433 $ 0.456 $ 0.483 $ 0.5c8 $ 0.533 $ 0.556 Residents' Unit lisle The authority for establishment of such fees is contained in Virginia Code Section 15.2-2114. Information concerning the documentation and justification for the proposed fee increases and the complete ordinance are available for examination by the public at the Meyera E. Oberndorf Central Library and all branch libraries during scheduled hours of operation.This information is also available at the City Manager's Office, the City Clerk's Office, and the Department of Budget and Management Services, in the City Hall Building, Municipal Center, between 8:00 a.m. and 5:00 p.m., Monday through Friday. This information can be accessed on the City's web site located at www.vbgov.com. This Hearing is open to the public and all interested citizens will have an opportunity to be heard. Individuals desiring to provide written comments may do so by contacting the City Clerk's Office at 385-4303. If you are physically disabled or visually impaired and need assistance at this meeting, please call 385-4303. Hearing impaired,TDD — 711. Ruth Hodges Fraser, MMC City Clerk NOTICE OF PUBLIC HEARING Proposed Authorization of General Obligation Bonds in the Estimated Maximum Amount of $69,272,406 On Tuesday, April 18th, 2017, at 6:00 p.m. in the City Council Chamber on the second floor of the City Hall Building (Building #1), 2401 Courthouse Drive,Virginia Beach,Virginia, the Council of the City of Virginia Beach, Virginia, will hold a public hearing on the proposed authorization by the City of general obligation bonds in the estimated maximum amount of $69,272,406. The proposed uses of the bond proceeds are to finance various public improvement projects, including schools, roadways, parks and recreation and buildings. Projects that may exceed 10% of the amount authorized include: 1-056 — Princess Anne Middle School Replacement; and 1-043 Thoroughgood Elementary School Replacement. Interested citizens may appear at such time and place to present their views. Individuals desiring to provide written comments may do so by contacting the City Clerk's office at 385-4303, or by registering with the Clerk immediately prior to the Hearings. If you are physically disabled or visually impaired and need assistance at this meeting, please call 385-4303. Hearing impaired, call TDD — 711 Ruth Hodges Fraser, MMC City Clerk NOTICE OF PUBLIC HEARING Proposed Issuance of Storm Water Utility Revenue Bonds in the Estimated Maximum Amount of $30,143,013 On Tuesday, April 18th, 2017, at 6:00 p.m. in the City Council Chamber on the second floor of the City Hall Building (Building #1), 2401 Courthouse Drive, Virginia Beach, Virginia, the Council of the City of Virginia Beach,Virginia will hold a public hearing on the proposed authorization by the City of storm water utility revenue bonds in the estimated maximum amount of $30,143,013. The proposed uses of the bond proceeds are to finance improvements and expansions to the City's storm water utility system. Projects that may exceed 10% of the amount authorized include: 7-415 — Lake Management II; and 7-416 — Storm Water Infrastructure Rehabilitation and Improvements II. Interested citizens may appear at such time and place to present their views. Individuals desiring to provide written comments may do so by contacting the City Clerk's office at 385-4303, or by registering with the Clerk immediately prior to the Hearings. If you are physically disabled or visually impaired and need assistance at this meeting, please call 385-4303. Hearing impaired, call TDD — 711 Ruth Hodges Fraser, MMC City Clerk .r<.w PUBLIC HEARING DECLARATION AND CONVEYANCE OF EXCESS OF CRY PROPERTY The Virgnia Beach City Council will hold a PUBLIC NEARING Tuesday. April 18,2017,at 600 p.m., in the Council Chamber of the Cro Hail Building (Bldg #14 at the mr®ma Beach Municipal Center. The purpose or this hearing will be to obtain public input to determine whether this properly should be declared in excess Of the City's needs and conveyed to Michael P. Cahn and Cheryl Carryn. Approximately 8,712 s4 ft.of City properly located on Upton Drive(a portion of GRIN:2414 46-1943) Any questions concerning this matter should be directed to the Public Works Real Estate Office. Municipal Center - Building #2, Room 392, phone number(75])385-4161. If you are plReleally disabled or vlsualy Impaired and need assistance at this meeting, please call the CITY CIFHN'BCPFlCE at r 4309: Hearing Impaired, call 711(TOD-Telephone Device to he Dear). All interested parties a- 'ited m attend. 4 Ruth Nod_4' user.MMC City Clerk BEACON. April 9,2017 PUBLIC HEARING LEASE OF CRY PROPERTY The Virginia Beach City Council will hole a PUBLIC HEARING on April 18. 2017 at 6100 p.m. in the Council Chamber,City Hall-Bldg 1,Virginia Beach Municipal Center.The purpose of this hearing will be to Obtain public comment regarding the proposed leaseos of City-Owned Property located at the Virginia Beach Farmers Market,as defined below: Building 3,Space Number 14, approximately 939 square feet M space to Gillys Creamery. LLC If you are physically disabled o visually impaired and need assistance at this meeting, please call the City Clerk's Office at 385- 4303:hearing impaired Call]SL Any questions concerning this matter should be directed to the Department of Public Works Facilities Management Officer Pam 228, Building 18. at the lrgmle Beach Municipal Center - QA) 385-5559. All interested pa a invited to attend. Ruth Hodges Fraser.MMC COClerk beacon: Sunday.April 9,2017 NOTICE OF PUBLIC HEARING On April 18,2017.et BW p.m., in the Council Chambers of the City Hall Building. 2401 Courthouse Dr., Virgnia Beach.Virginia.the Virginia Beach City Council will hold a public hearing concerning erning the request of CenturyLink Communications, LLC, having its principal office at 100 CenturyLink Drive. Monroe, LA 71203,to he granted a nonexclusive franchise to useand occupy the Cry's streets anpublic rittsorway for the purposes of constructing, installing, and maintaining network facilities for Po ica60rts Interestedpersons are invited to appear and comment. At the conclusion of the public hearing, the City Council will vote to approve or deny the proposed nonexclusive franchise. Further information,including a copy of the proposed franchise and route map,may be obtained by calling the Dept Of Information Techn010g at 3858922. It you are pfnle9ly disabled or visually Impaired and need assistance at this meetrg please cell the City Seeds Deice at 1757) 385-03J3. Ruth Hodges FrasV,MMC City Clerk Beacon: April 9.2017 I. ORDINANCES/RESOLUTIONS 1. Ordinance to AMEND Sections 8-34 and 8-56 of the City Code re Electrical Inspection fees 2. Ordinance to AUTHORIZE execution of a Lease for Gilly's Creamery, LLC at the Farmer's Market 3. Ordinance to AUTHORIZE execution of a License Agreement for Megabus Northeast,LLC for a Bus Transfer site at Pacific Avenue and 19th Street 4. Ordinance to GRANT a Franchise to CenturyLink Communications, LLC re installation and maintenance of Network Facilities in public rights-of-way 5. Resolution to DESIGNATE Virginia Beach Boulevard in memory of Dr. Martin Luther King 6. Resolutions to REQUEST the Virginia Department of Transportation (VDOT) ACCEPT: a. Additional Streets for Urban Maintenance Payments b. Corrections and Deletions to the Road Inventory 7. Resolution to DIRECT the City Auditor to conduct an Audit of the Stormwater Management Utility 8. Ordinances to EXTEND the date to satisfy Conditions re closure of portions of: a. Scott Bend Lane right-of-way (approved April 21, 2015) (DISTRICT 6—BEACH) b. Singleton Way, South Witchduck and Princess Anne Roads (approved April 22, 2014) (DISTRICT 2—KEMPS V ILLE) 9. Ordinances to ACCEPT, APPROPRIATE and TRANFER funds: a. $1,000,180 from Capital Projects re renovation of the Adult Learning Center for the EMS Headquarters and the 911/311 Call Center and Training facility b. $ 15,571 from the Virginia Department of Fire Programs to Fire re the Fire Training Burn Building c. $ 4,900 Grant from Tidewater Bicycle Association to Parks and Recreation re a Bike Safety Education program for an Intern d. $ 3,000 Grant from GEICO to Police re the Every 15 Minutes Program e. $ 1,984 Grant from the Office of Attorney General to the Sheriff re Operation Lookout for Senior Citizens I $ 850 from the Fire Gift Fund to Fire Station#10 re a grill [ riat 1:1:-.1i 1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Sections 8-34 and 8-56 of the City Code Pertaining to Permitting Fees. MEETING DATE: April 18, 2017 • Background: The City Code provisions for electrical permitting fees for single- and three-phase permits do not square with each other. Additionally, as currently written the charge for re-inspections related to electrical, mechanical, and plumbing fees is seventy-five dollars ($75.00) per re-inspection, except for re-inspections due to faulty work, premature requests, etc., which are inexplicably set at thirty-five dollars ($35.00). The lack of clarity in these Code sections has led to confusion and delay in fee assessment. • Considerations: The attached amendment to Sections 8-34 and 8-56 would clarify the City's permitting fee structure for electrical permitting inspections. Creating a parallel construction of charges per ampere block between single- and three-phase and bringing uniform reinspection fees into conformity will streamline inspection review and prevent ad hoc decisions regarding the applicability of fees listed in the Code. • Public Information: Public information will be provided through the normal Council agenda process. • Recommendations: Adopt the Ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting De art e ency: Planning/Frankenfield ea, City Manager: 1 AN ORDINANCE TO AMEND SECTIONS 8- 2 34 AND 8-56 OF THE CITY CODE 3 PERTAINING TO PERMITTING FEES 4 5 Sections Amended: City Code §§ 8-34, 8-56 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 10 That Sections 8-34 and 8-56 of the Virginia Beach City Code are hereby 11 amended and reordained to read as follows: 12 13 CHAPTER 8. BUILDINGS AND BUILDING REGULATIONS 14 15 16 17 Sec. 8-34. — Same---Electrical Permits. 18 19 20 21 (e) For a permit issued for original construction, the following fees include all 22 equipment outlets only if specifically listed on the application and installed by the permit 23 holder before the final inspection, such fees being based on the maximum current 24 carrying capacity of each set or subset of service conductors installed, to the nearest 25 fifty (50) amperes 26 27 (1) Single-phase: Thirty dollars ($30.00) plus twenty dollars ($20.00) for each 28 additional fifty (50) amperes. 29 30 (2) Three-phase: Eighty dollars ($80.00) for the first fifty (50) amperes plus 31 twenty dollars ($20.00) for each additional fifty (50) amperes. 32 33 34 35 Sec. 8-56. — Same — Service Charge for additional inspections due to faulty work, 36 premature inspection requests, etc. 37 38 Whenever an inspector for the division of permits and inspections shall determine 39 that inspections, in addition to those required in this division, are necessary owing to the 40 failure of a contractor or other person to properly correct faulty work, or where a 41 contractor or other person has requested an inspection before the work to be inspected 42 has been completed to the degree required, or where the inspector cannot obtain 43 reasonable access to the work to be inspected, he may assess a service charge of 44 - - . - - .. --.1 1 seventy-five dollars ($75.00) for each additional inspection 45 visit. Such charge shall be chargeable to the holder of the permit covering such work 46 and shall be paid to the city at the division of permits and inspections prior to final 47 approval of such work. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2017. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Smell cm 45 At.ci ��-- lanning Dep rtment City Attorney's Office Barry Franke field Tobias L. Eisenlohr CA13912/R-1/January 23, 2017 2 s[ •46-i-c. „ ti CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a Lease for Up to 5 Years with Gilly's Creamery, LLC for City-Owned Property Known as Building 3, Space Number 14, in the Virginia Beach Farmers Market MEETING DATE: April 18, 2017 • Background: Gilly's Creamery, LLC, the previous tenant and only qualified respondent to the most recent Request for Proposal, would like to enter into a new lease with the City of Virginia Beach for Building 3, Space Number 14, at the Virginia Beach Farmers Market. The premises consists of approximately 939 square feet and will be utilized for the sale of fresh and frozen dairy products and related items, and for no other purpose. • Considerations: The initial term of the Lease is three (3) years with two renewal options for a term of one (1) year each, which resulted from the RFP Process, exercisable by mutual agreement of the parties. The City has the right to terminate the Lease with sixty (60) days' notice if needed for a public purpose. For more specific terms, see attached Summary of Terms. • Public Information: Advertisement of Public Hearing Advertisement of City Council Agenda • Alternatives: Approve Lease as presented, change conditions of the Lease or deny leasing of the space. • Recommendation: Approval • Attachments: Disclosure Statement Ordinance Summary of Terms Location Map • Recommended Action: Approval Submitting D• • . ency: Public Works/Facilities Management P p b City Manager. I YJ r 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR UP TO 5 3 YEARS WITH GILLY'S CREAMERY, LLC FOR CITY- 4 OWNED PROPERTY KNOWN AS BUILDING 3, 5 SPACE NUMBER 14, IN THE VIRGINIA BEACH 6 FARMERS MARKET 7 8 WHEREAS, the City of Virginia Beach (the "City") is the owner of the City of 9 Virginia Beach Farmers Market located at the corner of Princess Anne Road and Dam 10 Neck Road in Virginia Beach, Virginia (the "Farmers Market"); 11 12 WHEREAS, Gilly's Creamery, LLC ("Gilly's") would like to enter into a new lease 13 with the City for Building 3, Space Number 14, at the Farmers Market, consisting of 14 approximately 939 square feet (the "Premises"); 15 16 WHEREAS, the Premises will be utilized for the sale of fresh and frozen dairy 17 products and related items, and for no other purpose; and 18 19 WHEREAS, Gilly's has agreed to pay the City an initial rental rate of $765.78 per 20 month ($9,189.36 per year) for the use of the Premises. 21 22 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 23 OF VIRGINIA BEACH, VIRGINIA: 24 25 That the City Manager is hereby authorized to execute a lease for up to 5 years 26 between Gilly's and the City for the Premises, in accordance with the Summary of 27 Terms attached hereto, and such other terms, conditions or modifications as may be 28 acceptable to the City Manager and in a form deemed satisfactory by the City Attorney. 29 30 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 31 , 2017. APPROVED AS TO LEGAL APPROVED AS TO CONTENT SUFFICIENCY AND FORM (City Attorney Public Wo s/Fac' ties Management CA13213 R-1 April 7, 2017 SUMMARY OF TERMS LEASE FOR BUILDING 3, SPACE NUMBER 14 AT THE VIRGINIA BEACH FARMERS MARKET LESSOR: City of Virginia Beach LESSEE: Gilly's Creamery, LLC PREMISES: Building 3, Space Number 14, consisting of approximately 939 square feet TERM: Initial Term — May 1, 2017— April 30, 2020 Renewal Term 1 — May 1, 2020 —April 30, 2021 Renewal Term 2 — May 1, 2021 —April 30, 2022 RENT: Initial rent of$765.78 each month totaling $9,189.36 for the first year, subject to five percent (5%) annual rent escalation for all successive years. RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use Premises for sale of fresh and frozen dairy products and related items, and for no other purpose. • Maintain Premises, including heating and air conditioning units and/or heat pump units. • Payment of all assessed fees and taxes. • Purchase and maintain commercial general liability insurance. RIGHTS AND RESPONSIBILITIES OF CITY: • Maintain common areas of the Farmers Market and structural elements of the Premises. TERMINATION: • City has special right to terminate if necessary for a public purpose by giving sixty (60) days' advance written notice. • Lessee may terminate by giving ninety (90) days' advance written notice. LOCATION MAP —Z A i L^ De- i i i i i I 1-Ar- = s oR4GF i i STORAGE i i I I .vo 'STORAGE I •wr 1 sTdUGE j ,so i I / fi M--- -LH I�' I (,Y .ac wo I3 lI ioa '' ri.1 M S I I I I I I 1 "' I 1 WIN • .c/ %441 °Ali?* . 401* ' •`-. 'S 4,414. Bldg.3 Space 14 aW-&-: eialiall 0 0 I... 111111 L Imo;: -� zill iiit fte \\ z /77 o zzz Virginia Beath APPLICANT'S NAME G11115 Cre c-ori DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two (2)weeks prior to any Page 1 of 7 Planning Commission and City Council meeting that pertains to the application(s). APPLICANT NOTIFIED OF HEARING DATE. NO CHANGES AS OF DATE. n REVISIONS SUBMITTED DA I E v3 Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:_KaA 1 firRaney 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) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes.' and 2 • • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. n Check here if the PROPERTY OWNER IS NOTa corporation, partnership, firm, business, or other unincorporated organization. 121 Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. �� (A) List the Property Owner's name:__ C1LT__ __ Cnv__F h If an LLC, list the member's names: Page 2 of 7 Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary t or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ti) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. • • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 11/4B APPLICANT Virginia Beach YES NO f SERVICE PROVIDER (use additional sheets if needed) of I Accounting and/or preparer of your tax return Architect / Landscape Architect / 4_,.1 Land Planner Contract Purchaser(if other than the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed H[fpurchaser of the subject property I • (identify purchaser(s) and purchaser's service providers) FP--' Construction Contractors tI Engineers / Surveyors/ Agents Financing (include current • ❑ a mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ✓ Legal Services Real Estate Brokers / ❑ Agents/Realtors for current and anticipated future sales of the subject property ♦ SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ ✓ an interest in the subject land or any proposed development 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 7 V:IGJ Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. �yJ eLCvar \ Kei3h T nn l 3/5/ 7 APPLICANT'S SIGNATURE PRINT NAME DATE Page 5 of 7 1VB OWNER Virginia Beach YES NO SERVICE PROVIDER (use additional sheets If needed) 4 Accounting and/or preparer of your tax return n [ r Architect / Landscape Architect/ I Land Planner ❑ Contract Purchaser (if other than �If the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed ❑ v I.1' purchaser of the subject property (identify purchaser(s) and purchaser's service providers) V Construction Contractors ❑ y' Engineers / Surveyors/ Agents Financing (include current ❑ I ,X mortgage holders and lenders u selected or being considered to provide financing for acquisition or construction of the property) nLegal Services Real Estate Brokers / n _- Agents/Realtors for current and anticipated future sales of the subject property • • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development Elcontingent 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 6 of 7 )13 Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 7 of 7 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a License Agreement for the Use of a Portion of City Property Located at the Dome Site by Megabus Northeast, LLC MEETING DATE: April 18, 2017 • Background: Megabus Northeast, LLC, a Virginia limited liability company ("Megabus") operates a commercial passenger bus service with stops along the northeastern corridor of the United States. Currently, Megabus has stops in Hampton and Norfolk, but not in the City of Virginia Beach (the "City"). Representatives of Megabus approached City staff about establishing a location for one or two departures and arrivals in the City per day. City staff and Megabus have identified a suitable site for Megabus' needs, located at the former HRT Bus Transfer Site adjacent to the Dome Site at the corner of Pacific Avenue and 19th Street (GPIN: 2427-17-0853). • Considerations: Megabus presents another transportation option into the City for residents and visitors. The existing bus pull-off facility at Pacific Avenue and 19th Street would allow Megabus to conduct its operations without interfering with traffic on Pacific Avenue. The Resort Advisory Commission (RAC) and its Transportation Pedestrian Parking Committee (TPPC) have been briefed and have approved Megabus' planned operations. The terms of the agreement with Megabus would allow for the relocation of Megabus' operations from the Dome Site if the City moves forward with plans to develop the Dome Site, or termination of Megabus' operations in the City should a mutually agreeable new location not be identified. • Public Information: Advertisement of City Council's agenda. • Alternatives: Approve the terms of the agreement, revise the terms of the agreement or decline to enter into an agreement. • Attachments: Ordinance, Summary of Terms, Location Map, Disclosure Statement Form Recommended Action: Approval Submitting De; • ; -ncy: Dept. of Plannin City Manager: t 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE AN AGREEMENT 3 FOR THE USE OF A PORTION OF CITY 4 PROPERTY LOCATED AT THE DOME SITE 5 BY MEGABUS NORTHEAST, LLC 6 7 WHEREAS, representatives of Megabus Northeast, LLC ("Megabus") 8 approached the City of Virginia Beach (the "City") about establishing a location in the 9 resort area of the City for Megabus to drop off and pick up commercial bus passengers; 10 11 WHEREAS, City staff identified the former HRT Bus Transfer Site located 12 at the Dome Site at the corner of Pacific Avenue and 19th Street (the "Premises') as a 13 suitable location for Megabus to conduct its activities; 14 15 WHEREAS, under the terms of the proposed agreement with Megabus, 16 the City could terminate Megabus' right to use the Premises if the City determines such 17 use is inconsistent with the redevelopment of the Dome Site; and 18 19 WHEREAS, Megabus' operations in the City would provide another 20 transportation option in the City's resort area for residents and tourists. 21 22 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 23 OF VIRGINIA BEACH, VIRGINIA: 24 25 That the City Manager, or his designee, is hereby authorized to execute a 26 License Agreement with Megabus, in accordance with the Summary of Terms attached 27 hereto as Exhibit A, and made a part hereof, and such other terms, conditions, and 28 modifications as may be acceptable to the City Manager and in a form deemed 29 satisfactory by the City Attorney. 30 31 Adopted by the Council of the City of Virginia Beach, Virginia, on this 32 day of , 2017. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: �- A ' .- . . of Pla ni g , City Attorne CA13985 nvo9w.wmmFSlµppll Ce tl oos'DpylewProdkycom33AW paocsAW,OAPot 8Now4o36 Doc R-1 April 11, 2017 EXHIBIT A SUMMARY OF TERMS MEGABUS—LICENSE AGREEMENT LICENSOR: City of Virginia Beach (the "City") LICENSEE: Megabus Northeast, LLC ("Megabus") TERM: One (1) year(511/17-4130/18), with four(4) one-year renewal options on mutual agreement of the City and Megabus LICENSE FEE: $1,000.00 per month PREMISES: Former HRT Bus Transfer Site at the intersection of Pacific and 191h Street at the Dome Site (Portion of GPIN: 2427-17-0853) RIGHTS AND RESPONSIBILITIES OF LICENSEE: • Use the Premises for the pickup and drop-off of Megabus passengers, with Megabus only having the right to exclude others' use of the Premises two hours before and after scheduled pickup and drop-off times. • Keep sidewalks and streets adjacent to the Premises clean and free from trash and debris. • Megabus may install a trash can and up to two (2) benches at locations approved by the City at Megabus' sole cost and with Megabus bearing all operation and maintenance costs of such items. • Indemnify the Licensor for any and all damages to persons and property in connection with Megabus' use of the Premises • Maintain all appropriate permits, licenses and insurance required by state and local codes. • Pay all applicable taxes. RIGHTS AND RESPONSIBILITIES OF LICENSOR: • Have access to the Premises at any time, without prior notice, in the event of an emergency. • Maintain the right to grant easements and rights-of-way across, in, under and through the Premises for streets, alleys, public highways, drainage, and other similar purposes. TERMINATION: • The City may terminate the agreement upon ninety (90) days' written notice, for any reason, including if the City determines that Megabus' use of the Premises conflicts with the redevelopment of the Dome Site. City and Megabus agree to attempt to locate a replacement site for Megabus' operations should this agreement be terminated due to development of the Dome Site. -, \ ,.. _ • „ , .- •.,...; ,.„. „.. . ,,, � U ro a $ YNt N r--.7-- , CZ t i` ,\• r— Ill' r' � . rilift . 7 ._ se- ‘ ,,4 -, \ 'Ill*- -7114\s Z I w ., s C w N r _ soot , a2 0_ (A or v) Z . . u ` ' Z O r •J w (41) 0 ` _ ` _ , fir, _ 4 , . . 0 r = I. ^RC11C,A ems F .1 T. C i. f 1 il • V 2 8p '''' rl ix } Virginia Beach APPLICANTS NAMEMegabC(s 1Uoj -fr, LLC DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board "tlie: discic,swres contained in thfi; form are necessary to inform, public officials who may vote on the application as to whether they have a conflict of interest, under Vtryir€ia lavr. SECTION 1 / APPLICANT DISCLOSURE FOB C'fV USE f W/Afl dm-tures aures most be update('tvm 1'1 peeks prior to z y Page 1 of 5 la na Corn mieslon and Clto Coumb mectinu:oat pertains to the application(e) ❑ APPLICANT NOTIFIED OF NEARING DATE NO CHANGES AS OF n REVISIONS SUBMITTED DAlt. Virginia Beach ❑ Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: fi9Cb4P03 thmP Js7 I_LC.1 If an LLC, list all member's names: 5L 417:4CIIED If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Applicant: ,l(Attach list if necessary) 54)65/0/AR/ COACrf t'SA /NC , PA,',tnu51 uI-- pAXdsKi1' - STA4&l 4C4-, t?LG - PCnrv, korzAW See next page for Information pertaining to footnote) and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if vrooerty owner is different from Applicant. ❑ Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ❑ Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 5 V3 Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary / or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship' means 'a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means 'a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership Interest in the other business entity, (II) a controlling owner In one entity is also a controlling owner In the other entity, or (Hi) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship Include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there Is otherwise a close working relationship between the entities" See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 5 V3 Virginia Beach VES 140 SERVICE PROVIDER (use additional sheets N needed) ❑ p7 Accounting and/or preparer of your tax return ❑ Fa Architect/ Landscape Architect / Land Planner Contract Purchaser (if other than ❑ ® the Aooilcan° - identify purchaser and purchasers service providers Any other pending or proposed ® ® purchaser of the subject property (identify purchaser(s) and purchasers service providers) ❑ ® Construction Contractors ❑ © Engineers / Surveyors/ Agents Financing (include current ❑ ^ mortgage holders and lenders Uu selected or being considered to provide financing for acquisition or construction of the property) ❑ Legal Services Real Estate Brokers / ❑ rio Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ C 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 11/4B Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this A plication. inlabia t4M-aPKVICE Cp 4-11c/17 AP (CANT'S SIGNATURE PRINT NAME DATE PROPERTY OWNERS SIGNATURE PRINT NAME DATE Page 5 of 5 me abus.com April 10, 2017 Megabus NE,LLC Members: President-Bryony Chamberlain Vice President—Jim Rutherford Treasurer- Elizabeth Leahy 549. Fir. fres /FRzabeth, New Jersey 07209/9083543330 S CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Granting a Nonexclusive Franchise to Install, Maintain and Operate Communications Facilities in the Public Streets and Rights-of-Way to CenturyLink Communications, LLC MEETING DATE: April 18, 2017 • Background: CenturyLink Communications, LLC ("CenturyLink") has requested a franchise to use the City's streets and rights-of-way for the purpose of constructing, installing and maintaining network facilities for telecommunications services within and through the City. CenturyLink is a Delaware limited liability company that builds and operates open-access fiber networks and related communications services. CenturyLink is authorized to transact business in Virginia. • Considerations: The ordinance grants CenturyLink a nonexclusive 5-year franchise on the terms and conditions set forth in the proposed franchise. The material terms are set forth in the attached Summary of Terms. A route map showing the proposed location of CenturyLink facilities has been fully reviewed by staff and is included in the agenda package. • Public Information: The public hearing required to be held prior to the granting of the franchise has been advertised in accordance with the requirements of Virginia Code Section 15.2-1813. • Recommendations: Approval • Attachments: Disclosure Statement, Ordinance, Summary of Terms, Route Map Recommended Action: Adoption of ordinance Submitting D em • Information Technology City Manager: �� 1 AN ORDINANCE GRANTING A NONEXCLUSIVE 2 FRANCHISE TO INSTALL, MAINTAIN AND 3 OPERATE COMMUNICATIONS FACILITIES IN 4 THE PUBLIC STREETS AND RIGHTS-OF-WAY 5 TO CENTURYLINK COMMUNICATIONS, LLC 6 7 WHEREAS, CenturyLink Communications, LLC, hereinafter ("CenturyLink"), 8 having its principal office at 100 CenturyLink Drive, Monroe, LA 71203, is a Delaware 9 limited liability company that builds and operates open-access fiber networks and 10 related communications services; 11 12 WHEREAS, CenturyLink is authorized to transact business in Virginia and 13 desires to use and occupy the City's streets and public rights-of-way for the purpose of 14 constructing, installing and maintaining network facilities for telecommunications 15 services within and through the City; and 16 17 WHEREAS, the City is agreeable to allowing CenturyLink to use the City's public 18 streets and rights-of-way for the aforesaid purposes, subject to the terms and conditions 19 set forth in the summary of terms attached hereto as Exhibit A and made a part hereof 20 (the "Summary of Terms"). 21 22 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 25 That the City Council hereby authorizes the City Manager to execute a franchise 26 agreement with CenturyLink for up to five (5) years in accordance with the Summary of 27 Terms, and such other terms, conditions or modifications, as may be acceptable to the 28 City Manager and in a form deemed satisfactory by the City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia, on this day of , 2017. ArOVED AS TO CO' TENT: APPROVED AS TO LEGAL i� / ' SUUrFFFICe1Q/IENCY: SILL _,y� �� ". FOR ATION C NO o _ CITY ATTORNEY'S QFIIC CA13875 April 5, 2017 R-1 EXHIBIT A CENTURYLINK COMMUNICATIONS, LLC FRANCHISE AGREEMENT SUMMARY OF TERMS Parties: City of Virginia Beach ("City") and CenturyLink Communications, LLC ("CenturyLink") Term: Up to five (5) years Location: CenturyLink may install its facilities underground strictly in accordance with the Project Overview map entitled "CenturyLink Proposed Route Map" dated April, 2017, on file with the City's Department of Information Technology and attached hereto. Relocation: CenturyLink shall be solely responsible for paying cost of removal or relocation of its facilities if a public project necessitates their removal or relocation; CenturyLink must remove facilities upon termination or City may allow improvements to remain in place and take ownership. Installation: CenturyLink is required to return public streets and rights-of- way to at least the same or similar condition existing before such work was performed to reasonable satisfaction of City of Virginia Beach. Insurance: Commercial General Liability (min. $2 Million); Automobile Liability (min. $1 Million); Pollution Liability Insurance ($1 Million). Alternatively, may have $5 Million umbrella coverage Surety: $25,000 letter of credit or cash deposit and $50,000 surety bond Indemnity: CenturyLink to indemnify City, its officers, employees and agents from and against all claims, demands, costs, etc., including, without limitation, reasonable attorney's fees and costs of defense Nondiscrimination: Standard City language, includes good faith minority business efforts required by City Code EXHIBIT B CenturyLink Proposed Route Map .__. ._.. ,450 i i, / -* •‘--"--- Virginia Beach. •'-•,.',,,, --L-_-=-__::-."- -.---- , 1:4841AA / 1 I ---- • j' Ch•.tedield _.... •:; . `„ r \ , - • - . . s . .•-".... , ..,_ 0earla NASApollo Sircek Fled .-' I •heithEleake • , i 11) Oc e one Nava; Station . - •• v:.A - • ,.El , • ‘ ....., \4.0000' aseCM 1 an .• , 1 _ .•South Hill _ / ,• . . / --__________ . • ,- , . . . 2918... ....1A - cm • , lee \ - . an I - f,,' . ''s\ **L-.:•,-;;I, ' ,.. N,,,,....., -. • '..-1 . + / .... - .1, 1 -- 1453;—:: .- -_ - - •-_ .""....... - --....... . _ April, 2017 Va i, 1 APPLICANT'S NAME CenturyLink Communications, LLC DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • • SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/An d!sdosures must be updated two Ol weeks pilot to any Page 1 of 7 Mar ing Ca—mission and City LOJOoI meeting that pertains to the applltaticn(sY APPLICANT NOTI Fit D 01 HEARING De IL NO CHANGES AS OF DAI I n REVISIONS SUBMITTED DEIE I Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. X Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: CenturyLink Communications LLC If an LLC, list all member's names: Kay Buchart If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (R) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes1 and 2 • • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. n Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. n Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN complete the following. (A) List the Property Owner's name:City of Virginia Beach If an LLC, list the member's names: Page 2 of 7 ..11/4/B Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (13) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship' means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code § 2.2-3101 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when 0) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. • • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 APPLICANT Virginia Beach PROVIDER (use additional sheets if YES NO SERVICE needed) XAccounting and/or preparer of your tax return n A- rchitect/ Landscape Architect/ Land Planner Contract Purchaser (if other than pit- he Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed ❑ X , purchaser of the subject property (identify purchaser(s) and purchaser's service providers) Construction Contractors ADB Construction Engineers / Surveyors/ Agents Byers Engineering Financing (include current U. S. Bank • X mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) • nLegal Services Real Estate Brokers / n Agents/Realtors for current and anticipated future sales of the subject property ' , SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ X 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 7 Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meetin/ of any public body or committee in connection with this Application. Scott A. Stone _ 3/20/2017 APPLICANTS SIG TUR PRINT NAME DATE Page 5 of 7 NB. OWNER Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if] needed) Accounting and/or preparer of your tax return Architect / Landscape Architect/ Land Planner ❑ Contract Purchaser(if other than rithe Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed pi purchaser of the subject property (identify purchaser(s) and purchaser's service providers) • ❑ Construction Contractors • riEngineers / Surveyors/Agents Financing (include current pi mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ▪ TiLegal Services Real Estate Brokers / Agents/Realtors for current and anticipated future sales of the subject property • ' SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ ❑ an interest in the subject land or any proposed development 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 6 of 7 INB Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 7 of 7 ank,. fri CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Designating Virginia Beach Boulevard in Memory of Dr. Martin Luther King Jr. MEETING DATE: April 18, 2017 • Background: Dr. Martin Luther King Jr. changed our nation forever through his dedicated leadership, service and clarity of vision. Dr. King received the Nobel Prize for his work in the passage of the Civil Rights Act of 1964. Virginia Beach is an inclusive community that is welcoming and empowers all. The City Council desires to honor Dr. King's accomplishments by designating a prominent roadway in the City to his memory. • Considerations: Virginia Beach Boulevard is one of the most prominent streets in the City of Virginia Beach. City Council wishes to designate Virginia Beach Boulevard in memory of Dr. Martin Luther King Jr. and directs the City Manager to cause signs to be erected above signal arms at the Boulevard's intersections with Atlantic Avenue, Birdneck Road, Independence Boulevard and Newtown Road. • Public Information: Public information will be provided through the normal Council agenda process. Public input was provided via a Virtual Town Hall, and public comment was received by City Council during its March 21, 2017 meeting. • Attachments: Resolution Requested by City Council REQUESTED BY CITY COUNCIL 1 A RESOLUTION DESIGNATING VIRGINIA BEACH 2 BOULEVARD IN MEMORY OF DR. MARTIN LUTHER 3 KING JR. 4 5 WHEREAS, Dr. Martin Luther King Jr. changed our nation forever through his 6 dedicated leadership, service and clarity of vision; 7 8 WHEREAS, Dr. King led one of the greatest movements of equality and freedom 9 in history, and he received the Nobel Peace Prize for his work in the passage of the 10 Civil Rights Act of 1964; 11 12 WHEREAS, Virginia Beach is an inclusive community that is welcoming and 13 empowers all; 14 15 WHEREAS, the City Council desires to honor the extraordinary accomplishments 16 of Dr. King by designating a prominent roadway in the City to his memory; and 17 18 WHEREAS, Virginia Beach Boulevard is and has been one of the most 19 prominent streets in the City (and former Town) of Virginia Beach, stretching from 20 Atlantic Avenue by the City's eastern border across the City to Newtown Road on the 21 City's western border; 22 23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 24 OF VIRGINIA BEACH: 25 26 That the City Council hereby designates Virginia Beach Boulevard in memory of 27 Dr. Martin Luther King Jr. and his noble accomplishments and hereby directs the City 28 Manager to cause signs to be erected above signal amts at the Boulevard's 29 intersections with Atlantic Avenue, Birdneck Road, Independence Boulevard, and 30 Newtown Road. 31 32 Adopted by the City Council of the City of Virginia Beach, Virginia, this 33 day of , 2017. APPROVED AS TO LEGAL SUFFICIENCY: Dep City Arick R. Ingram City Attorney's Office CA14037 R-1 April 11, 2017 CITY OF VIRGINIA BEACH AGENDA ITEM ITEMS: (1) A Resolution Requesting the Virginia Department of Transportation to Accept Additional Streets for Urban Maintenance Payments (2) A Resolution Requesting the Virginia Department of Transportation to Accept Corrections/Deletions to the Road Inventory for Urban Maintenance Payments MEETING DATE: April 18, 2017 • Background: The Virginia Department of Transportation ("VDOT") road maintenance funding is conditioned upon City Council submitting to VDOT resolutions for all new streets and for all corrections/deletions to the City's road inventory. VDOT provided the City with a letter, dated June 16, 2016, which stated the FY17 reimbursement rates. The rates are as follows: local/collector streets will be reimbursed at $12,161 per lane mile, and arterial streets will be reimbursed at $20,717 per lane mile. • Considerations: The first resolution attached to this Agenda Request would add 1.76 lane miles of newly constructed streets, which would be eligible for urban maintenance reimbursement funds beginning July 1, 2017. All 1.76 lane miles are classified as local/collector streets. Based on the present VDOT reimbursement rates indicated above, the City will receive $21,403.36 per year for these added lane miles. The second resolution requests changes to the current VDOT maintenance funding inventory due to duplications or updated lane mile data. There are 4.22 lane miles of local/collector streets and 4.62 lane miles of arterial streets to be deleted from the inventory. There are corrections in the amount of 4.98 lane miles of local/collector streets and 9.96 lane miles of arterial streets to be added back to the inventory, for a net increase of 6.1 lane miles. Based on the present VDOT reimbursement rates indicated above, the City reimbursement will be increased by$119,871.14 per year for these changes. The total net increase in urban maintenance lane miles from the additional and the corrections will result in a funding increase of$141,274.50 from VDOT. • Public Information: The item will be publicized as part of the City Council's normal agenda process. • Recommendations: Approval • Attachments: Resolutions (2), Exhibit A ("New Streets"), Exhibit B ("Changes') Recommended ction: Approval ��p �MMM/��/ Submitting D. • . f •ency: Public Worksp- n� City Manage 1 II Q}�, 1 A RESOLUTION REQUESTING THE VIRGINIA 2 DEPARTMENT OF TRANSPORTATION TO ACCEPT 3 ADDITIONAL STREETS FOR URBAN MAINTENANCE 4 PAYMENTS 5 6 WHEREAS, the Virginia Department of Transportation requires a City Council 7 resolution prior to accepting additional streets for urban maintenance payments; and 8 9 WHEREAS, the 1.76 (Local/Collector) lane miles of streets listed on Exhibit A 10 (attached) have been constructed in accordance with standards established by the 11 Virginia Department of Transportation; and 12 13 WHEREAS, the City of Virginia Beach has accepted and agreed to maintain 14 these streets; and 15 16 WHEREAS, a representative from the Virginia Department of Transportation has 17 inspected and approved these streets. 18 19 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, VIRGINIA: 21 22 That City Council hereby requests the Virginia Department of Transportation to 23 accept the streets listed on Exhibit A, attached hereto and incorporated by reference, 24 and to begin paying urban maintenance payments to the City of Virginia Beach based 25 on the established rate. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2017. APPROVED AS TO CONTENT: A�PR9yED AS TO LEGAL SUFFICIENCY: lag ,) Phillip Koette, Dana Harme er Department o • •lic Works City Attorney's Office CA13977 R-1 March 31, 2017 City of Virginia Beach Exhibit A - New Streets Public Works/Operations New Street Street Type STREET FROM TO LANE MILES L(XAL BRECK AV EDNA WY N CUL DE SAC 096 IOCAI. DANALI I INDIAN RIVER(WB) N(UI.DE-SAC o au lOCAI. ELI.IOTI RD SPAIN I A(508'SOL 1111 S CUL DE SAC 0.20 LOCAI. KELLER Cl DANAI.IIA N CCI-DE-SAC 0.06 L(II AI. KENAI CT DANALI LA N CUL-DE-SAC 004 LOCAL OSPREY LANDINGCI INDIAN RIVER RD(WB) N Cl)'.DE SAC 0.22 LOCAL SEAL DR INDEPENDENCE BL(NB) E DEAD END 010 Total Lane Miles of LOCAL streets: 1.76 Total Lane Miles of New Street: 1.76 Monday.February 06.2017 Page 1 of I 1 A RESOLUTION REQUESTING THE VIRGINIA 2 DEPARTMENT OF TRANSPORTATION TO ACCEPT 3 CORRECTIONS/DELETIONS TO THE ROAD 4 INVENTORY FOR URBAN MAINTENANCE 5 PAYMENTS 6 7 WHEREAS, the Virginia Department of Transportation requires a City Council 8 resolution prior to accepting corrections or deletions to the revised road inventory for 9 urban maintenance payments; 10 11 WHEREAS, City personnel have reviewed the revised road inventory prepared 12 by the Virginia Department of Transportation and have determined that some 13 inaccuracies exist; 14 15 WHEREAS, corrections to the revised road inventory have been made as shown 16 on Exhibit B (attached); resulting in a net increase of 0.76 (Local/Collector) lane miles 17 and 5.34 (Arterial) lane miles. 18 19 WHEREAS, a representative from the Virginia Department of Transportation has 20 inspected and approved corrections. 21 22 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 25 That City Council hereby requests the Virginia Department of Transportation to 26 accept the corrections listed on Exhibit B, attached hereto and incorporated by 27 reference, and to begin paying urban maintenance payments to the City of Virginia 28 Beach based on the established rate. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2017. • PPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Phillip Ko r Dana Harmeyer Departme • of Public Works City Attorney's Office CA13976 R-1 March 31, 2017 City of Virginia Beach Exhibit B - Changes Public Works/Operations Additions/Re•laced deletions Street Type STREET FROM TO LANE MILES LOCAL BEAUFAIN BI.(WH1 KEMPSVILLE RD(NBT LYNNHAVEN PW(SW 1.56 LOCAL ELSON GREEN AV SANDBRIDGE RD(WEI S DEAD END 3.20 LOCAL I AKE DR BEAIllOR I AV E DEAD END 022 Total Lane Miles of LOCAL streets: A—E9 Street Type STREET FROM TO LANE MILES URBAN MINOR ARTERIAI. I YNNHAVFN PW CITY LINE SII ART BRIDGE 4.88 URBAN MINOR ARTERLAL LYNNHAVEN PW(NB) START BRIDGE INDIAN RIVER RD(WE) 5.08 Total Lane Miles of URBAN MINOR ARTERIAL,streets: 9.96 Total Lane Miles of Additions/Replaced deletions: 14.94 Deletions/To be r- [laced Street Type STREET FROM TO LANE MILES LCK AL. BLAULAIN HV SON SI YRON IA 75'5 STYRON LA -0.06 LOCAL BBAIIPAIN BV KFMPSVII I F RD I FGARE IA -152 LOCAL BEAT IFA IN BVD I.EGARE LA 0.01N STYRONO LA -0.60 LOCAL LLSON GREEN AV SANDBRIDOF RD(I 07 F LIPTON DR -1.84 LOCAL LAKE DR BEAUFOR I AV PI EASURE HOU SE RD .0.20 Total Lane Miles of LOCAL streets: -4.22 Street Type STREET FROM TO LANE MILES URBAN MINOR ARTERIAL LYNNHAVEN PW HEALD WY CITY LINE -144 URBAN MINOR ARI LRIAL LYNNHAVEN PW(NB) ALBRIGU I DR SI EWAR I DR -038 L RSAN MINOR ARTERIAL LYNNHAVEN PW(NB) ANGUS DR ETHERIDGE CT -010 URBAN MINOR ARTERIAL LYNNHAVEN PW(NB) FTHERIDGE CT MALCOM CI -030 URBAN MINOR ARTERIAL LYNNHAVEN PW(NB) MAI COM CT ALBRIGIIT DR -0.30 URBAN MINOR ARTERIAL I YNNIIAVEN PW(NB) SIDNEYCIR ANGUS DR -010 Total Lane Miles of URBAN MINOR ARTERIAL streets: -4.62 Total Lane Miles of Deletions/To be replaced : -8.84 Monday,February 06,2017 Page I or 1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Directing the City Auditor to Conduct an Audit of the City's Stormwater Management Utility MEETING DATE: April 18, 2017 • Background: Recent storm events have highlighted the importance of proper stormwater management and the efficient and effective operation of the stormwater system and use of stormwater funds. In order to provide a baseline to evaluate future funding decisions, this resolution will direct the City Auditor to conduct an audit of the City's stormwater management utility. "Utility" means the enterprise fund created to operate, maintain and improve the City's stormwater management system. The audit will address the accounting of revenues and the use of those revenues. • Considerations: City Code § 2-470 provides that City Council by resolution may request an audit that is not part of the City Auditor's annual audit schedule. This resolution directs the City Auditor to adjust the audit schedule to make this audit a priority. • Public Information: Public information will be provided through the normal Council agenda process. • Attachments: Resolution Requested by Councilmembers Kane and Wood REQUESTED BY COUNCILMEMBERS KANE AND WOOD 1 A RESOLUTION DIRECTING THE CITY AUDITOR TO 2 CONDUCT AN AUDIT OF THE CITY'S STORMWATER 3 MANAGEMENT UTILITY 4 5 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 1. That, pursuant to City Code 2-470, the City Auditor is hereby directed to 9 conduct an audit of the City's stormwater management utility. "Utility" means the 10 enterprise fund created to operate, maintain and improve the City's stormwater 11 management system. 12 13 2. That the audit shall address the accounting of revenues collected by the 14 utility and the use of the revenue for the general welfare, health, and safety of the City 15 and its residents. 16 17 3. That the City Auditor, in order to ensure a value-added and efficient audit, 18 shall use a risk-based approach to determine the specific areas to be audited. 19 20 4. That the City Auditor should adjust his FY17 audit schedule to make this 21 audit a priority. 22 23 5. That, pursuant to City Code § 2-468, the City Auditor shall have 24 unrestricted access to all employees, reports, documents, and other records necessary 25 to complete the audit. 26 Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2017. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO LEGAL SUFFICIENCY: 7 Deputy City Attorney R � ick R. Ingram City Attorney's Office CA13984 R-1 April 7, 2017 ito .cm c, µ 1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Extending the Date for Satisfying the Conditions in the Matter of Closing a 4,500 Sq. Ft. Portion of an Unimproved Right-of-Way Known as Scott Bend Lane MEETING DATE: April 18, 2017 • Background: On April 21, 2015, by Ordinance ORD-3404B, City Council approved the request by Timothy J. Costen (the "Applicant") to close an unimproved 4,500 sq. ft. portion of Scott Bend Lane. • Considerations: There were four (4) conditions to the approval of the street closure: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures", approved by City Council. Copies of the policy are available in the Planning Department. 2. The Applicant shall subdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcel. The plat must be submitted and approved for recordation prior to final street closure approval. The plat shall include a note that restricts the subdivided property to one single-family dwelling. 3. The Applicant shall verify that no private utilities exist within the right-of-way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one (1) year of the City Council vote to close the right-of-way this approval shall be considered null and void. The Applicant has submitted a subdivision plat to the Planning Department for review, however, all the conditions will not be met prior to the deadline. On March 21, 2017, the Applicant requested additional time to satisfy the conditions set forth in Ordinance ORD-3404B. Staff concludes that the request for additional time is reasonable. • Recommendations: Allow an extension of one (1)year for satisfaction of the conditions. • Attachments: Ordinance Location Map Disclosure Statement Form Recommended Action: Approval. lik Submitting De. • m= r • • - Cy: Planning Departmen City Manager: 1 AN ORDINANCE EXTENDING THE DATE 2 FOR SATISFYING THE CONDITIONS IN THE 3 MATTER OF CLOSING A 4,500 SQ. FT. 4 PORTION OF AN UNIMPROVED RIGHT-OF- 5 WAY KNOWN AS SCOTT BEND LANE 6 7 WHEREAS, on April 21, 2015, the Council of the City of Virginia Beach acted 8 upon the application of Timothy J. Costen (the "Applicant"), for the closure of an 9 unimproved 4,500 sq. ft. portion of Scott Bend Lane; 10 11 WHEREAS, City Council adopted an Ordinance (ORD-3404B) to close the 12 aforesaid right-of-way, subject to certain conditions being met on or before April 20, 13 2016; 14 15 WHEREAS, on March 23, 2016, the Applicant requested and was granted (by 16 Ordinance ORD-3448E) an extension of time to April 20, 2017 to satisfy the conditions 17 to the aforesaid street closure action; and 18 19 WHEREAS, on March 21, 2017, the Applicant has requested an additional one 20 year extension of time to satisfy the conditions attached to the aforesaid street closure 21 action. 22 23 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 24 Beach, Virginia: 25 26 That the date for meeting conditions of closure as stated in the Ordinance 27 adopted on April 21, 2015 (ORD-3404B), upon application of Timothy J. Costen, is 28 extended to April 20, 2018. 29 30 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 31 of , 20 . 32 33 GPIN: Right-of-way/ No GPIN assigned 34 Adjacent to GPINs: 2417-06-6362 and 2417-06-6462 APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: City Attorney ' anning D p.rtment CA13876 \\vbgov.cam\DFD1Up01iabons\QlpLawRaNgwmUMpaoc\W4\Po1601,060960 DOC R-1 April 3, 2017 • ( NOTES: I. 116 D066 6 MOOED 10 Milt ARM O7 PROPOSED 11101-CfNN COBE AM 20@EIOOB LF RE=OCR= NECORD 0015) B 27 MOOED Pot sr OBRA 1RW03100/ wowM T7 p) 1. A ORE REILRT NAS NOT BEEN PROM FOR MS PROPERTY. Z2 I pW 23 1 24 06 dOC./ !D 11120001 e711 1111. 27, P0. 73 O7%00'N{ SI0730b0.B ._ f AOE(if 30111 4.0) II 75.70' 72' I R �' A1RE►tIP • i"ol ' 42*(0220 r. r(`1 I 20 i8 19 CpN / b9 OPN 17 6 TLY2 yg 2 _WIN 11417 08 DOCS M14100Z7MOD1715W( �Ri qq^ • MC, 2061172001 777/250 8121. Pa s3' =%WQ WM II a Tu27, PC. 73 t 1 I n as 2 i ,�� I s .�7. _ 37, rho N E rho O7]D'00' TN O7 E 787D' —RPW7591 N AVE N. OCEANA BOULEVARD roirmaOtt 27. POet �,LAAW �yTA pp D,+ cif STREET 1 OSURE owpmtr V.44. 1 ; ! OF A 30 FT. NON2-OP-WAYEEx N2/8ILOT>0MO 16N OF EOE 21Mgr `i4/Ytp NOM Wallin a11681 OCEANA GARDENS a M.B. 20, PO. 84 M.B. 27, PO. 7 E• M.B. 20, PO. 33 M M6M SSA 01 ��; •, ;�iP 11120114Y & COMA S�urv_ 1e •% ces nainsa ��3 ]l• [ ' 1Ne BCNE : 1'-30' I DATE : DECF76FA 22. 2014 f DO : ND I PRG& 10136614 42.224424222.4 44244 71/4B Virginia Beach APPLICANT'S NAME Timothy J. Costen DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Exception for (EDIP) Changes Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • • SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(2)weeks prior to any Page 1 of 7 Planning Comm swan and City Council meeting that pertains to the application(s) ❑ APPLICANT NOTIFIED OF HEARING DATE. NO CHANGES AS OF DATE • REVISIONS SUBMITTED DATE. Virginia Beach n Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Timothy J. Costen 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) (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotesI and 2 • • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. pi Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. n Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 71/4B Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 5o percent of the voting power of another corporation:' See State and Local Government Conflict of Interests Act,Va. Code § 2.2-3101. 2 "Affiliated business entityrelationshiPmeans "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities: See State and Local Government Conflict of Interests Act, Va. Code § 2.2.3101 • • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the aoolication or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 .11/4B • APPLICANT Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) nn Accounting and/or preparer of your tax return n 7 Architect/Landscape Architect/ Land Planner Contract Purchaser Of other than X the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed ❑ purchaser of the subject property (identify purchaser(s) and purchaser's service providers) ❑ Z Construction Contractors ❑X ❑ Engineers /Surveyors/Agents WPL Financing (Include current ❑ [H mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ❑X n Legal Services Sykes, Bourdon,Ahern&Levy,P.C. Real Estate Brokers / l��M Agents/Realtors for current and anticipated future sales of the subject property • • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have 1-1 X 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 7 NB Virginia Beach CERTIFICATIQN: 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, VEDA meeting, or meeting of any public body or committee in connection with this Application. _ Timothy J. Costen 3-22-2017 APPLICANT'S SIGNATURE PRINT NAME DATE Page 5 of 7 OWNER Virgin YES NO SERVICE PROVIDER(use additional sheets if needed) ❑ Accounting and/or preparer of your tax return ❑ ❑ Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than ❑ the Aoollrantl- identify purchaser and purchaser's service providers Any other pending or proposed ❑ ❑ purchaser of the subject property (identify purchaser(s) and purchaser's service providers) Li ❑ Construction Contractors ❑ ❑ Engineers/Surveyors/Agents Financing (include current ❑ ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ❑ n Legal Services Real Estate Brokers / ❑ ❑ Agents/Realtors for current and anticipated future sales of the subject property • • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ an interest in the subject land or any proposed development 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 6 of 7 Virginia Beach 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, VEDA meeting, or meeting of any public body or committee In connection with this Application. �T -Rrn ccsCci "Sera-1-1 PROPERTY OWNER'S SIGNATURE PRINT NAME DATE alma Page 7 of 7 a `F ai CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Extending the Date for Satisfying the Conditions in the Matter of Closing an Unimproved Portion of Singleton Way(Formerly Princess Anne Road), S. Witchduck Road (Formerly Kempsville Road) and Princess Anne Road (Relocated)Adjacent to the North, East, and Southeast Sides of the Parcel Identified as GPIN: 1466-78-3845 (PARCEL "D") MEETING DATE: April 18, 2017 • Background: As part of the Princess Anne Road / Kempsville Road Intersection Improvements Project, CIP 2-048 and Witchduck Road Phase I, CIP 2-931, the City of Virginia Beach (the "Applicant") altered the alignment of each of these roadways, and the intersection was relocated to the south of the former location. A portion of Kempsville Road, south of the former intersection is now known as S. Witchduck Road. Additionally, with the shift of Princess Anne Road to the south, the portion of Princess Anne Road to the west of the former intersection is now known as Singleton Way. On April 22, 2014, by Ordinance ORD-3345B, City Council approved the Applicant's request to close portions of the above streets, subject to the following conditions being met by April 22, 2015: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. 2. The City will ensure that the properties are subdivided such that the internal lot lines are vacated and the closed areas are incorporated into the adjoining parcels. The plat(s) must be submitted and approved for recordation prior to final street closure approval. 3. The City shall verify that no private utilities exist within the rights-of-way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. Closure of the rights-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the rights-of-way, this approval shall be considered null and void. On April 21, 2015, the Applicant requested and was granted an extension of time to satisfy the conditions to April 22, 2016 (Ordinance ORD-3404C). On April 19, 2016, the Applicant requested and was granted an additional extension of time to satisfy the conditions to April 22, 2017 (Ordinance ORD-3448D). The Applicant is now requesting additional time to satisfy the conditions. Staff concludes that the request for two additional years to satisfy the conditions is reasonable. The adjacent site at the intersection is currently being marketed by the Economic Development Department. The land proposed for closure will be incorporated into the adjacent site. The extension will allow the City time to negotiate with potential buyers and/or perform a resubdivision. • Recommendations: Allow an extension of two years for satisfaction of the conditions. • Attachments: Ordinance Location Map Recommended Action: Approval Ilk Submitting Dep. • e r • •ency: Planning Departme� City Manager: 1 AN ORDINANCE EXTENDING THE DATE FOR 2 SATISFYING THE CONDITIONS IN THE MATTER 3 OF CLOSING AN UNIMPROVED PORTION OF 4 SINGLETON WAY (FORMERLY PRINCESS ANNE 5 ROAD), S. WITCHDUCK ROAD (FORMERLY 6 KEMPSVILLE ROAD) AND PRINCESS ANNE 7 ROAD (RELOCATED) ADJACENT TO THE 8 NORTH, EAST, AND SOUTHEAST SIDES OF THE 9 PARCEL IDENTIFIED BY GPIN: 1466-78-3845 10 (PARCEL "D") 11 12 WHEREAS, on April 22, 2014, City Council acted upon the application of 13 the City of Virginia Beach (the "Applicant") for the closures of portions of Singleton Way 14 (formerly Princess Anne Road), S. Witchduck Road (formerly Kempsville Road) and 15 Princess Anne Road (Relocated), as shown on Exhibit A attached hereto; 16 17 WHEREAS, City Council approved (by Ordinance ORD-3345B) the 18 closure of the aforesaid unimproved portions of Singleton Way, S. Witchduck Road and 19 Princess Anne Road, subject to certain conditions being met on or before April 22, 20 2015; 21 22 WHEREAS, on April 21, 2015, the Applicant requested and was granted 23 (by Ordinance ORD-3404C) an extension of time to April 22, 2016, to satisfy the 24 conditions attached to the aforesaid street closure action; 25 26 WHEREAS, on April 19, 2016, the Applicant requested and was granted 27 (by Ordinance ORD-3448D) an extension of time to April 22, 2017; and 28 29 WHEREAS, the Applicant has requested an additional two years 30 extension of time to satisfy the conditions attached to the aforesaid street closure 31 action. 32 33 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of 34 Virginia Beach, Virginia: 35 36 That the date for meeting conditions of closure as stated in the Ordinance 37 adopted on April 22, 2014 (ORD-3345B), upon application of the City of Virginia Beach, 38 is extended to April 22, 2019. 39 40 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 41 of , 2017. GPIN: Right-of-way/ no GPIN assigned Adjacent to GPIN: 1466-78-3845 APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: • "tic) Ii v II a 1:4.I . City Attorney •fanning 'epartment CA13882 .174co. mFSL. w nwn ,Ns?rodani2 wtmcsuo m ro=a 10271220 DOC R-1 April 6, 2017 EXHIBIT A NOTES: AREA OF PROPOSES staar CLOSURE 'c-1' 1. THIS EXHIBIT IS INTENDED TO SHOW THE AREA OF (28,095 SO. FT., 0.645 AC.) PROPOSED RIGHT-OF-WAY CLOSURES AND INDEPENDENT OF THE ASSOCIATED RECORD DOCUMENT(S) IS NOT ISVItter INTENDED FOR MY OTHER THAN GENERAL REFERENCE. 2. A TITLE REPORT HAS NOT BEEN PROVIDED FOR THIS �F�P4/a/) y, PROPERTY. A-88.85'50 (M(/N� '?PAW QrS3' RN se. R=772.50' 0 =6'3524' S77p00ZA/B 18cu, PN)g0J ,bo ��W S 0T22'22" W 1 jJ 34z to a„pi 9.85' :. 1tG47141, XX,2. )j. N/IY UNc 'q"�p ��. �'S 8735$8"'ELI', Txv� `ET74"E e¢.0 0 101.83' S 8230' 556' 20" E d y N A-99.88' 8007' < hke EMflR-72500' n WO A=36.78' 'V 0- G =T48''52' ,,, 2 R=673.70'-' (' PARCEL 'E• N/F A=507'40' 3 3 •�3 EPSCOPAMANUEL LCHURCHHT g a=�� ato- �/ ", acti"� OF KEMPSVILLE /� °-se,12z Ito/ 9, e,7 1466-78-0931 R=75.00'-' r� R/W UNE TING �` 4...2„./y�'' "� A =28'46'03" ;c, l m '7aq n O N .Wr 1 Ki o , CI no ar, 64Th aAe_ jtt o .4- PO e{a) . A G. 4. O N ♦ L IA, j , W � Jnup o 7i,•,7 , , 414 N S ;N.n UM'On 0a N- ^% Q � -_= 0 � N mN # 4 ^y Q. Q m , ate s s ( 1 O 4 Z N / Cil ;iE>;9 }1 N 40'20'28' E 6.9kcs09' tki el - \ .N 71'11 r N 402028' E 18.97 r S 15'27'33' W et.-- 104. 11 , 1/2\ 42,x• 135731 2 A=38.15' A=104.39' 105,78• 5 69 R=87.50' R=712953' --- D A =24'58'55' =5'/91 s 3' N8 •W A=6.43' PRINCESS AME ROAD (RELOCATE)) . VAR R/W ^• N 493932' W 400' S 407028" W 31.26' QNST 20090519000553070X/NST 20091019001219680) C.) (INET 20100203000113230)(/NST 20100409000329350) R=43.50' AREA OF PROPOSED SMACLOSURE ID-2' (INV-20100507000436780)(AI.R 114, P. 21) a =59'2751' (1,931 S0. FT., 0.044 AC.) STREET CLOSURE EXHIBIT SHEET 1 OF I - s 28,095 SQ. FT. (0.845 AC.) PORTION OF SINGLETON WAY _ >I-- — _ (FORMERLY PRINCESS ANNE ROAD) AND S. RrrC®UC$ ROAD (RTE 190) a IND A `/�/ • 1,991 SQ. Fr. (0.044 AC.) PORTION OF PRINCESS ANNE ROAD (RELOCATED) AND S. RITCHDUCY ROAD (RYE 190) (POLE I0411r-OF-717s)(D1sT No 20130316000305320) 9 VIRGINIA BEACH, VIRGINIA Exclusively for naram 157.431.1641 CITY OF VRONA BEACH il SE 11111E MLI 299 SCALE: 1" = 100' 04 FEBRUARY, 2014 CAD/ooh TEF/eIS CITY OF VIRGINIA BRACE, vs IF.H. P. IPLAT: IJN:219-0150 L {t` � CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Transfer $604,209 from Capital Project 2-121 and $395,971 from Capital Project 2-143 to CIP 3-137 "Various Buildings Rehabilitation and Renewal III"for Renovation of the Adult Learning Center MEETING DATE: April 18, 2017 • Background: On February 7, 2017, the City Council authorized the acquisition of approximately 2.45 acres of real property and the improvements thereon known as the Adult Learning Center, located at 4160 Virginia Beach Boulevard. The City acquired the property with the intent to transform it into an Emergency Medical Services Headquarters and Training Center. In addition to the EMS Headquarters, the Emergency Communications and Citizen Services Department's backup 911/311 Operations Call Center and Training Facility will also be relocated to this property. In order to transform the Adult Learning Center into a facility capable of meeting the needs of these two departments, City staff has identified the need for $1.66 million in improvements. $ 370,000— Mechanical systems • convert existing HVAC control system to citywide system • replace existing 70 ton IntelliPak package unit installed in 2000 $ 400,000 — Electrical systems • Switchgear upgrade and lighting fixture replacement • modify existing electrical and fire alarm system to align with renovations • demolish existing intercom $ 15,000 — Plumbing systems • replace existing fixtures and valves $ 40,000 —Architectural • create architectural and engineering "as-builts", demolition, renovation, Computer Aided Design and Drafting (CADD) $ 250,000 — Build-out/ building modernization • modify interior to align with renovation plans • remove/replace exterior signage $ 255,000 - IT data/phone • convert existing infrastructure to align with renovation • install citywide network • install access control system $ 20,000 — site work $ 150,000 — Furnishings, Fixtures and Equipment $ 160,000 — Contingency The Finance Department has identified $1 million in appropriations available for transfer to CIP 3-137. These appropriations are derived from CIP 2-121 "Nimmo Parkway — Phase V-A" ($604,209) and CIP 2-143 "Laskin Road Gateway— Phase 1A" ($395,791), which have been completed. An additional $660,000 has been included in the City Manager's Proposed FY 2017-18 Budget for CIP 3-137 to fully fund the entire cost of this renovation project. • Considerations: In order to transition EMS out of their leased space as quickly as possible to avoid continued rent payments, the renovations to the Adult Learning Center are underway and are being funded through CIP 3-137 "Various Buildings Rehabilitation and Renewal III". The $660,000 that is included in the FY18 Capital Improvement Program will be subject to action by the City Council as part of the annual budget process. • Public Information: Public information will be handled through the normal City Council agenda process. • Recommendations: Approval of the Ordinance • Attachments: Ordinance Recommended Action: Approval Submitting De(p`a�rttmeennt/Ag) (tL ency: Department of Public Works p/y City Manager I 1 AN ORDINANCE TO TRANSFER $604,209 2 FROM CAPITAL PROJECT 2-121 AND $395,971 3 FROM CAPITAL PROJECT 2-143 TO CIP 3-137 4 "VARIOUS BUILDINGS REHABILITATION AND 5 RENEWAL III" FOR RENOVATION OF THE 6 ADULT LEARNING CENTER 7 8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA, THAT: 10 11 1. $604,209 is hereby transferred from Capital Project 2-121 "Nimmo Parkway— 12 Phase V- A" to Capital Project 3-137 "Various Buildings Rehabilitation and 13 Renewal III" to renovate the adult Learning Center into an Emergency 14 Medical Services Headquarters and Training Center; and 15 16 2. $395,971 is hereby transferred from Capital Project 2-143 "Laskin Road 17 Gateway — Phase 1A" to Capital Project 3-137 "Various Buildings 18 Rehabilitation and Renewal III" to renovate the adult Learning Center into an 19 Emergency Medical Services Headquarters and Training Center. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2017. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: David Bradley Da . ever Budget and Management Services City Attorney's Office CA13983 R-1 April 5, 2017 [ ,-;;.6-,; CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds from the Virginia Department of Fire Programs for Repairs to the Fire Training Center Bum Building MEETING DATE: April 18, 2017 • Background: The Virginia Beach Fire Department (VBFD) operates a 3,200+ square foot bum building for training of local firefighters. The burn building at the Fire Training Center has been in service since January 2002. During its fifteen-plus years of use, the building has served the Virginia Beach Fire Department very well. Each year, in compliance with nationwide standards, an engineer inspects the building for deficiencies and provides a report. The report outlines the necessary repairs in order to maintain compliance. In addition, a structural evaluation is conducted at the request of the VBFD. Over the last 18 months, these two inspections identified key concerns regarding the burn facility and noted required remedial repairs to be performed to maintain compliance. • Considerations: This grant is awarded by the Virginia Department of Fire Programs. No local match is required for this program. The City has until March 28, 2018 to make the repairs and collect this award. • Public Information: Public information will be handled through the normal Council agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting De• - • y : • . •ency: Fire Department -[!� City Manager `Iwo _ • ?i 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FUNDS FROM THE VIRGINIA DEPARTMENT OF 3 FIRE PROGRAMS FOR REPAIRS TO THE FIRE 4 TRAINING CENTER BURN BUILDING 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 That $15,571 is hereby accepted from the Virginia Department of Fire Programs 10 and appropriated, with estimated revenue increased accordingly, to the Operating 11 Budget of the Fire Department to repair the Fire Training Center Bum Building. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2017. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: iStrAlau J / David Bradley Dan. aa 'seyer Budget and Management Services City Attorney's Office CA13981 R-1 April 5, 2017 Y [ :: CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate a Grant from the Tidewater Bicycle Association to the Department of Parks and Recreation MEETING DATE: April 18, 2017 • Background: On July 12, 2016, the Tidewater Bicycle Association (TBA) advertised a request for grant proposals for its 2016 Bicycling Enhancements Grant Program. The City of Virginia Beach Department of Parks and Recreation proposed to hire a contract intern to work with the City's Bikeways and Trails Planner on improved education, encouragement, and planning efforts. The intern's activities would center on specific tasks in the 2011 Bikeways and Trails Plan, with a proposed reimbursement of $4,900 for the effort, with no local match requirement. On September 9, 2016, TBA announced the selection of our proposal for full funding. • Considerations: In October 2016, the City engaged a contract intern to perform the work. The intern completed the work in February 2017, and TBA has provided a check in the amount of $4,900 as reimbursement. The attached ordinance will accept and appropriate the grant funding in the Grants Consolidated Fund-Parks and Recreation to reimburse the City for the cost incurred to begin development of a bike safety education program. • Public Information: Public information will be handled through the normal Council agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Dep. .mentlAgency: Department of Parks and Recreat al — City Manager: got\ r4 \ 1 AN ORDINANCE TO ACCEPT AND APPROPIRATE A 2 GRANT FROM THE TIDEWATER BICYCLE 3 ASSOCIATION TO THE DEPARTMENT OF PARKS 4 AND RECREATION 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 That grant funding of $4,900 from the Tidewater Bicycle Association is hereby 10 accepted and appropriated, with estimated revenue increased accordingly, to the 11 Grants Consolidated Fund-Parks and Recreation to reimburse the City for the cost 12 incurred to begin development of a bike safety education program. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2017. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Luvi David Bradley Dana ever Budget and Management Services City Attorney's Office CA13978 R-1 April 5, 2017 171 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funds to Police from the GEICO Every 15 Minutes Program MEETING DATE: April 18, 2017 • Background: The Police Department has partnered with GEICO for several years in support of the Every 15 Minutes Program. Every 15 Minutes is a two-day program held at local high schools to give students a realistic look at the consequences of drinking and driving. The program includes a mock crash scene complete with emergency first responders, including Police, Fire, and EMS. A select group of students participate in an overnight retreat and then join all juniors and seniors for an assembly the following day. Video footage of the crash is presented to students, and they listen to speakers that have been affected by drinking and driving. GEICO is a primary sponsor of the Every 15 Minutes Program and has provided $3,000 to be used for related expenses. • Considerations: This funding provides $3,000 to be used for the 2017 Every 15 Minutes Program. This program is not funded through the Police operating budget and would not occur without GEICO's support. Items funded include moulage makeup, hotel rooms, t-shirts, and meals. Two events are planned for 2017. • Public Information: Public information will be provided through the normal Council Agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval :noc ccs! Submitting De• • y • e ency: Police Department City Manager:gb 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FUNDS TO POLICE FROM THE GEICO EVERY 15 3 MINUTES PROGRAM 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 That $3,000 is hereby accepted from GEICO and appropriated, with estimated 9 revenue increased accordingly,to the FY 2016-17 Police Department Operating Budget for 10 the Every 15 Minutes Program to inform local high school students of the consequences of 11 drinking and driving. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2017. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: tk 1 David Bradley I Dan- -rmeyer Budget and Management Services City Attorney's Office CA13980 R-1 April 5, 2017 [ I CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Grant Funds from the Office of the Attorney General to the Sheriff and to Transfer Funds for Operation Lookout MEETING DATE: April 18, 2017 • Background: The Virginia Beach Sheriffs Office applied for and was awarded a grant from the Office of the Attorney General. The TRIAD Crime Prevention for Seniors Grant provides funding for the Operation Lookout Program, which will install larger front door peepholes for senior citizens. • Considerations: The City has received $1,984 from the State for the TRIAD Crime Prevention for Seniors Grant. This amount consists of $1,960 plus an additional $24 for supplies. This grant requires a 10% match, which is approximately $220 and is presently available in the Sheriffs Office Operating Budget. The grant of$1,984 and the required local match will pay for the installation of the larger front door peepholes. • Public Information: Public information will be handled through the normal Council Agenda notification process. • Recommendations: Adopt the attached ordinance. • Attachment: Ordinance Submitting De gency: Sheriffs Office City Manager: 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 GRANT FUNDS FROM THE OFFICE OF THE 3 ATTORNEY GENERAL TO THE SHERIFF AND TO 4 TRANSFER FUNDS FOR OPERATION LOOKOUT 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 1. That grant funding of $1,984 from the Office of the Attorney General is hereby 10 accepted and appropriated, with estimated revenue increased accordingly, to 11 the Grants Consolidated Fund-Sheriffs Office in furtherance of the Operation 12 Lookout Program for senior citizens. 13 14 2. That $220, the required 10% local match for the grant, is hereby transferred 15 within the Operating Budget of the Sheriffs Office. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2017. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: David Bradley Da--.41% eyer Budget and Management Services City Attorney's Office CA13979 R-1 April 5, 2017 lY ^ AhG CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate Funds from the Fire Department Gift Fund to Purchase a Grill for Station 10 MEETING DATE: April 18, 2017 • Background: In January 2010, the City Council adopted an ordinance to delegate authority to the City Manager to accept certain gifts on behalf of the City but before donated funds may be expended, City Council must appropriate the funds. The City has a Fire Gift Fund (Fund 917) to provide a method for individuals to donate money to the Fire Department. The money is then deposited into the fund and tracked by the Department to ensure it is expended for the purpose for which it was donated. Between February 2011 and January 2017, $400 has been donated to Fire Station 10 by numerous individuals and designated as specifically for that fire station to use as they deem appropriate. In addition, the Fire Department's Gift Fund currently has over $10,000 in donations that were not designated for specific stations but as general donations for the Fire Department's use. These funds have been used in the past to purchase grills for numerous fire stations. • Considerations: State law requires an appropriation prior to the spending of these funds. • Public Information: Public information will be handled through the normal Council agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting De• .rtmentlAgency: Fire Department �) City Manage 1 AN ORDINANCE TO APPROPRIATE FUNDS FROM 2 THE FIRE DEPARTMENT GIFT FUND TO 3 PURCHASE A GRILL FOR STATION 10 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 That $850 is hereby appropriated from the Fire Department Gift Fund, with 9 estimated revenue increased accordingly, to the Operating Budget of the Fire 10 Department to purchase of a grill for Fire Station 10. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2017. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO^ CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: tm David Bradley - • - - eyer Budget and Management Services City Attorney's Office CA13982 R-1 April 5, 2017 J. PLANNING 1. AT ASSOCIATES, LLP for a Conditional Use Permit re Bulk Storage at 2677 Virginia Beach Boulevard DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 2. JENNA, STEVE and JENNA ZIMMERMANN for a Conditional Use Permit re a Home-Based Wildlife Rehabilitation Facility at 2108 Atwood Court DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 3. BEACH BOROUGH DEVELOPMENT, LLC for a Special Exemption for Alternative Compliance re two Row Houses at 421 21st Street DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 4 21ST DEVELOPMENT, LLC for a Special Exemption for Alternative Compliance re two Row Houses at 415 &417 21st Street DISTRICT 6— BEACH RECOMMENDATION: APPROVAL u NOTICE OF PUBLIC HEARING The regular meeting of be City Council of the City of Virginia Beach will be held In the Council Chamber of the City Hall Building. Municipal Center, Virginia Beach. Virginia, on Tuesday. April 18. 2017 at 000 p.m..at which time the following applications will be heard: DISTRICT 6-BEACH AT Associates,LLP 00.11084181 tJ S Permit (Bulk Storage Yard) 2677 Virginia Beach Boulevard (GPIN 1497552196) DISTRICT 7-PRINCESS ANNE Jenna Zimmermann/Steve&Jenne Zimmermann C➢MRlonal Hist p¢®p (Home-Based wildlife Rehabilitation Faculty)2108 AIwoil Court(GPIN 2414197151) DISTRICT 6-BEACH Beach Borough Development LLC 421 21' Street(GPIN 2427082374) DISTRICT B-BEACH 21Y Development. LLC All@rnBtive Cpmppg[ce 415&417 21:Street (GRIN 2427083336) All interested parties are invited to attend. Ruth Hodges Fraser,MMC City Clerk Copies Of the proposed ordinances, resolutions and amendments are on file aria may bBneo in the Department of Planning Or online at my✓!Www vpgo v.cQ /pc For Information call 3854621. If you are physically disabled Or vlsuallY Impelred and need assistance at this meeting,please call the CITY CLERKS OFFICE at este aria. BEACON: APRIL 2, 2017 &APRIL 9, 2017-I TIME EACH. / / , .• ( r / / _____- ----- / / . . . e : . . r . . ..1 . . n-- , .../ 1 , • • . F-1 -te / ..... / Z/ // .., / . / iiity. / 1--] • ._____ .,,, • . . . • , . • i ' ./ / • . • _._. • • , , • •• 0 , . a r. ,,,, . ,he* i .,.. . CO ,.' . . . . . . . . .. .., . .. . . 3 • • • • r • . . • . I s • .. . • • , • • I . • I . • . . . . . . • • . —...—......— III •' .• I I I • . eilig , . . , .1141 . , , . . CON 1 , 44144 ' A , . ., • al. . , . , , . , . ./. • . . . . . , „ . /1.. ••\. 1147 - ------ ./ /,,,, .... ,-1 / „. . (....._' . —.I Z CNI C3 i co N.,. . .._...._ ....., -------____ ,, ______ -------__.______. _ __Iloilo / o CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: AT ASSOCIATES, LLP [Applicant&Property Owner] Conditional Use Permit (Bulk Storage Yard) 2677 Virginia Beach Boulevard (GPIN 1497552196). COUNCIL DISTRICT— BEACH MEETING DATE: April 18, 2017 • Background: The subject 36,496 square-foot site is currently developed with a bank building and associated parking.The applicant intends to remove the existing building and redevelop the site as a Bulk Storage Yard for the storage of up to 75 automobiles, in association with a nearby car dealership (Beach Ford). No structures are proposed on this property. A Conditional Use Permit is required for bulk storage. • Considerations: In Staffs opinion,the storage of vehicles on is site is an acceptable use, particularly given the predominance of auto sales and service in the immediate vicinity. Although this use is not specifically consistent with the vision set forth in the Lynnhaven SGA Plan, Staff believes this interim use is acceptable as there will be minimal investment in the site's redevelopment. The use as a storage area designed as a parking lot will easily allow for future redevelopment opportunities on this site. In addition, motor vehicle storage is a compatible use in the 70-75 dB DNL noise zone, as per Section 1800 of the Zoning Ordinance. Further details pertaining to the request, as well as Staff's evaluation of the request, are provided in the attached Staff report. There is no known opposition to this request. • Recommendations: City Staff recommends approval of this request. The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request. 1. When the site is developed, it shall be in substantial conformance with the submitted site layout exhibit entitled, "BEACH FORD ADDITIONAL PARKING," prepared by Clark Nexsen, which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. AT Associates, LLP Page 2 of 2 2. The site shall be used only for the storage of motor vehicles for sale. No vehicles in a state of obvious disrepair shall be stored on site. No other materials or items shall be stored onsite. 3. There shall be no decorative pennants, feather flags, streamers, air dancers, inflatables or other similar advertising items located on the site. 4. Any freestanding sign shall be monument style with a brick base, and shall be no taller than eight feet as measured from the ground to the top of the sign. 5. Prior to final site plan approval, a Landscape Plan shall be submitted during the site plan review process that reflects the location of the planting areas as depicted in the submitted site layout exhibit referenced in Condition 1 above. 6. Motor vehicles on display shall only be parked orderly within the display areas shown on the Site Layout Exhibit referenced in Condition 1 above and shall be limited to a total of 75 motor vehicles. 7. The spaces for display of motor vehicles shall be clearly marked as depicted on the submitted site layout. 8. All vehicles delivered to the site must be off-loaded either on the site or from the nearby motor vehicle sales site. The delivery vehicle shall not be permitted to back into the site from Virginia Beach Boulevard, nor shall it impede the normal flow of traffic on any public rights-of-way at any time. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting D - it/Agency: Planning Departmen - City Manager • z q\B Applicant & Property Owner AT Associates, LLP Agenda Item Public Hearing March 8, 2017 City Council Election District Beach2 Virginia Beach Request Conditional Use Permit (Bulk Storage Yard) M s,,- Sop 5570 dB DHL "r Staff Recommendation q` u Approval Staff Planner o�� 70-75 dB DNL kn hf Jimmy McNamara 4'^4., 8;,, v ern A"fie Ro.1 Location 2677 Virginia Beach Boulevard < `�Yo� 3 L,4GPIN i >75dB ONL n7g9O3 aY - _ 71497552196 "�B"Site Size , �36,496 square feet G, ° - s AICUZ F fi7.70-75 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District Bank/ B-2 Community Business Surrounding Land Uses and Zoning Districts t ,North -Grp "R. -. ',,r T \' ,a z.',IIIII:. .4.4' Virginia Beach Boulevard ifOr !,,,, 4, ! ._ Mixed retail/ B-2 Community Business E ,i �` i •o 44 • • ,-` , South .1-0 Motor vehicle sales/ B-2 Community Business . �I•I •FM. � jdf rte , East I"I. :,,,,, . & y i , i jos ► Motor vehicle sales/ B-2 Community Business r �i• '- •, ` '..."71 4•1!,;• n ',,,;, West �� F S. Mustang Trail 1 +%1Lf ,, S F — Motor vehicle sales/ B-2 Community Business ( I/, ? ;j . :�\"k, Te • ,.' * � ':- ili4 . lei* , 4 , -f• P.,, RI ,N,,,..„, fp*, -,, ;' / , ..- scr I :, [er7m. ..:,. AT Associates, LLP Agenda Item 2 Page 1 Background and Summary of Proposal • The subject 36,496 square-foot site is currently developed with a bank building and associated parking. • The applicant intends to remove the existing building and redevelop the site as a Bulk Storage Yard for the storage of up to 75 automobiles, in association with a nearby car dealership (Beach Ford). No structures are proposed on this property. • Interior landscaping is proposed that exceeds the minimum requirements established by the Virginia Beach Landscaping Guide; however, the applicant requests a deviation to the required Category VI screening (six-foot solid privacy fence with evergreen shrubs) surrounding the storage yard. • The applicant intends to preserve the existing street frontage landscaping and supplement it with additional plantings as necessary. \R-15 7 e_7 `/ kir g'''%aee Zoning History d`heov�e _. # Request /� trara •., 1 CUP(Motor Vehicle Sales)Approved 10/26/1993 B.?' r. /if- '� 2 CUP(Motor Vehicle Sales and Service)Approved 4141>76 da DNL 02/08/2005 p. CUP(Motor Vehicle Sales and Service)Approved 07/01/1997 1 B-2 CUP(Motor Vehicle Sales and Service)Approved 09/28/1993 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Comprehensive Plan Recommendations The Comprehensive Plan designates this site as located in the Lynnhaven Strategic Growth Area. The long-term vision for the Lynnhaven SGA calls for series of mixed-use and flexible developments. Design principles include enabling flexible development sites and building types to respond to ever-changing market needs and development programs, uses that are compatible with AICUZ restrictions and building on the existing good balance between homes,jobs, and services. AT Associates, LLP Agenda Item 2 Page 2 Natural and Cultural Resources Impacts This site is located in the Chesapeake Bay watershed. As the site is developed with a building and associated parking, there are no significant natural or cultural resources associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Virginia Beach Boulevard 34,928 ADT" 26,300 ADTi(LOSa C") 2— 42,100 ADT (LOS "D") Existing Land Use 496 ADT MustangTrail No Data Available 6,200 ADT"(LOS 4"C") Proposed Land Use 3-392 ADT 9,900 ADT"(LOS 4"E") "Average Daily Trips 2as defined by 3,350 square 3 as defined by 75 auto sales spaces a LOS=Level of Service foot bank Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Virginia Beach Boulevard in the vicinity of this application is considered a six-lane divided major urban arterial. The MTP proposes an eight-lane facility within a 190-foot right-of-way. There are no roadway CIP projects slated for this section of the right-of-way. Public Utility Impacts Water & Sewer The site is currently connected to City water and sewer service. Evaluation and Recommendation The proposed request for a Conditional Use Permit for a Bulk Storage Yard for motor vehicles is, in Staff's opinion, an acceptable use given the predominance of auto-centric uses in the immediate vicinity. Although this use is not specifically consistent with the vision set forth in the Lynnhaven SGA Plan, Staff believes this interim use is acceptable as there will be minimal investment in the site's development. The use as a storage area designed as a parking lot will easily allow for future redevelopment opportunities on this site. In addition, motor vehicle storage is a compatible use in the 70-75 dB DNL noise zone, as per Section 1800 of the Zoning Ordinance. The proposed street frontage landscaping in combination with the depicted interior landscaping will upgrade the appearance of the site. The Zoning Ordinance requires that Bulk Storage Yards be enclosed with Category VI screening, which consists of a privacy fence and evergreen plants. Given the predominance of motor vehicle sales in the surrounding area, Staff recommends that the requested deviation to this requirement be permitted through the provisions of Section 221 (i) of the Zoning Ordinance, which allows City Council to grant deviations from required landscaping if"for good cause shown upon a finding that there will be no significant detrimental effects on surrounding properties." Based on the considerations above, Staff recommends approval of this request subject to the conditions below. AT Associates, LLP Agenda Item 2 Page 3 Recommended Conditions 1. When the site is developed, it shall be in substantial conformance with the submitted site layout exhibit entitled, "BEACH FORD ADDITIONAL PARKING," prepared by Clark Nexsen, which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 2. The site shall be used only for the storage of motor vehicles for sale. No vehicles in a state of obvious disrepair shall be stored on site. No other materials or items shall be stored onsite. 3. There shall be no decorative pennants, feather flags, streamers, air dancers, inflatables or other similar advertising items located on the site. 4. Any freestanding sign shall be monument style with a brick base, and shall be no taller than eight feet as measured from the ground to the top of the sign. 5. Prior to final site plan approval, a Landscape Plan shall be submitted during the site plan review process that reflects the location of the planting areas as depicted in the submitted site layout exhibit referenced in Condition 1 above. 6. Motor vehicles on display shall only be parked orderly within the display areas shown on the Site Layout Exhibit referenced in Condition 1 above and shall be limited to a total of 75 motor vehicles. 7. The spaces for display of motor vehicles shall be clearly marked as depicted on the submitted site layout. 8. All vehicles delivered to the site must be off-loaded either on the site or from the nearby motor vehicle sales site. The delivery vehicle shall not be permitted to back into the site from Virginia Beach Boulevard, nor shall it impede the normal flow of traffic on any public rights-of-way at any time. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. AT Associates, LLP Agenda Item 2 Page 4 Proposed Site Layout 1 = r4_ (..) • 7 '''W ... • > V w 3 4' ; V * ' . , 0'i op f Q� r z . oc — > 4 - A� I e w 24 ¢ a - - : 161 o co r cp -- z z o o W W N CC O 5 5 LLI Ce • (MN) t H. / A - ! i {: N 116SS iA _ rr , � - --�-- • \ .. ' - . 1 . W ` IK J'M,0 VO Wt d 11 8 PU N _ -'- �/ mmo I _ _. (MM JX'a1d1$ .. v, = V1:11 JNb1Sf1W O I _____41.' — ' stn Y- - „�� /� _ CL -- . r" 0 • CC Al '• • • ' ' M'.., 21 IIIA 11 WIli AT Associates, LLP Agenda Item 2 Page 5 Site Photos .., ... . .., .•,..' • 17-41.,,,t.0 .s.: " -• ' •••,,,,,,,_' . ,,,t,,,. _ "'• '_ , , --, .•.. „._v,a AN 1,',..V'•'A0lI,'''.,..t,,t.Y•:,.•a,.'.k4.•'.•,,.1 4‘e\^ .A3,1,;1,,0 r-1 r\\•"1-y a'1-r••1 7,•...•4-",•A,•4r.-.,L•7,,.- •; .,,.,."•,. .'1•i,, ".,.1...4 l•.,.e•'i.4'-'1'',A,K.Ny'•. '.f'-Afi,i..'nr••4.r;:i.,i-,,c,.-='.,,-•..--iI`•v.'.,•A,.:.-"i--r•1••.._i .•r .,rIrw1 . • s. •'L ,,4 . ir -,-'....•-,-'Z.-,.4_- .•-•_. 4. t , •s , . . i . !• ' ,t ' .,,..,/. , " A ' ' % , '- '- la•.' Ilig;A:.' .,, ...i. ---, 2/ .... ,• • \‘• . q - . ..,. ,,, 5,,t• . ,,/ • • N.,. 0 ',," , 1 t 7"' - -*.s.•• i S I . . , . 1 . 50 :...z.. 11111 . ., ill I ill . . ... • , 111 4115i 211110:,-Ai . ...• ,iiAfi A 'ILP ' m ?—...-f.rwii i• _ . • 1,.. 4 ...)- ,,k.iik.,-,0 — -— . _ .- s..... ...., lell°' .- ....- : . igir . _ ,.... oi-------- .. .._ .... . . . ..,..• _ • ... . .. , ....... .,..._-,,....„._,,. ,, ...:,- ,_ .•• ..4.. ....,.,_ - .-. ,.... . AT Associates, LLP Agenda Item 2 Page 6 Disclosure Statement Virginia Beach APPLICANT'S NAME AT Associates, LLP DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers _ Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board 4 • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. 4 • SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two(21 weeks prior to any Page 1 of 7 Plannui Commission and City Council meeting that pertains to the application(s). • APPLICANT NOTIFIED OF HEARING DAl E J. M M y C A/�/A m(rq NO CHANGES AS OF DATF Lt/ .5 i 7 1}41 ' O REVISIONS SUBMITTED DAZE AT Associates, LLP Agenda Item 2 Page 7 Disclosure Statement NIB Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. X Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:AT Associates, LLP If an LLC, list all member's names: Thomas A. Barton, Jr., Ann T. Barton, The Thomas A. Barton, Jr. Irrevocable Trust, The Ann T. Barton Irrevocable Trust, Thomas A. Barton, Ill, If-a-CORPORATION ,mitembers, ♦ruste s ..tom Robert H. Barton, Kristen Cuthriell, Dr. Daniel Barton. (B) List the businesses that have a parent-subsidiary or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) Beach Ford, Inc. 1 See next page for information pertaining to footnotes and 2 e SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. X Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name:AT Associates, LLP If an LLC, list the member's names: Page 2 of 7 AT Associates, LLP Agenda Item 2 Page 8 Disclosure Statement Virginia Beach Thomas A. Barton, Jr., Ann T. Barton, The Thomas A. Barton, Jr. Irrevocable Trust, The Ann T. Barton Irrevocable Trust, Thomas A. Barton, Ill, If a Corporation, list the names ofail officers, directors, members, trustees, etc:-below:--(Attach-list if necessary) Robert H. Barton, Kristen Cuthriell, Dr. Daniel Barton. (B) List the businesses that have a parent-subsidiary or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) Beach Ford, Inc. "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§ 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code § 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 AT Associates, LLP Agenda Item 2 Page 9 Disclosure Statement 'NB APPLICANT Virginia Beach [ YES NO SERVICE PROVIDER(use additional sheets if needed) XAccounting and/or preparer of your tax return X I l Architect/ Landscape Architect/ Clark Nexsen, Inc. I ! Land Planner Contract Purchaser(if other than X the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed n n purchaser of the subject property (identify purchaser(s)and purchaser's service providers) fXConstruction Contractors Inl Engineers/Surveyors/Agents _ Clark Nexsen, Inc./John Sirine Financing (include current X mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) I51< Legal Services Williams Mullen Real Estate Brokers / X Agents/Realtors for current and anticipated future sales of the subject property • • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have X 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 7 AT Associates, LLP Agenda Item 2 Page 10 Disclosure Statement q\B Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. 12-20-A.-2o-/ APPLICANT'S SIGNATURE PRINT NAME DATE Page 5 of 7 AT Associates, LLP Agenda Item 2 Page 11 Item#2 AT Associates, L.L.P. Conditional Use Permit 2677 Virginia Beach Boulevard District 6 Beach March 8, 2017 CONSENT An application of AT Associates, L.L.P for a Conditional Use Permit (Bulk Storage Yard) on property located at 2677 Virginia Beach Boulevard, District 6, Beach. GPIN: 1497-55-2196-0000. CONDITIONS 1. When the site is developed, it shall be in substantial conformance with the submitted site layout exhibit entitled, "BEACH FORD ADDITIONAL PARKING," prepared by Clark Nexsen, which has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 2. The site shall be used only for the storage of motor vehicles for sale. No vehicles in a state of obvious disrepair shall be stored on site. No other materials or items shall be stored onsite. 3. There shall be no decorative pennants,feather flags, streamers, air dancers, inflatables or other similar advertising items located on the site. 4. Any freestanding sign shall be monument style with a brick base, and shall be no taller than eight feet as measured from the ground to the top of the sign. 5. Prior to final site plan approval, a Landscape Plan shall be submitted during the site plan review process that reflects the location of the planting areas as depicted in the submitted site layout exhibit referenced in Condition 1 above. 6. Motor vehicles on display shall only be parked orderly within the display areas shown on the Site Layout Exhibit referenced in Condition 1 above and shall be limited to a total of 75 motor vehicles. 7. The spaces for display of motor vehicles shall be clearly marked as depicted on the submitted site layout. 8. All vehicles delivered to the site must be off-loaded either on the site or from the nearby motor vehicle sales site. The delivery vehicle shall not be permitted to back into the site from Virginia Beach Boulevard, nor shall it impede the normal flow of traffic on any public rights-of-way at any time. A motion was made by Commissioner Oliver and seconded by Commissioner Ripley to approve item 2. AYE 9 NAY 0 ABS 0 ABSENT 2 HODGSON AYE Item#2 AT Associates, L.L.P. Page 2 HORSLEY ABSENT INMAN AYE KWASNY ABSENT OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 9-0,the Commission approved item 2 for consent. Grady Palmer appeared before the Commission on behalf of the applicant. 't?- - ��N'" 1; rr ,1 fir+ r i' r . r 1!? r r r (i� � r -`ti �, .�� --- flv 1 _I I1 \ J • r"--------j r / \ ,_ p ' -. _ 5 f 1 r I 13 I' i II - L r ' i J 0 i o L i 1 Lo i AJ/r /P fs,„_„... ----______, 419fr _., • r • r_ 4r 'i fj ' / r r r, J r' kits I --„........., iino --___ ___ __ _______ ,, ,. „, . 1 ------...;,„--_,,t,it„ , ,. .,„ o$ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: JENNA ZIMMERMANN [Applicant] STEVE & JENNA ZIMMERMANN [Property Owners] Conditional Use Permit (Home-Based Wildlife Rehabilitation Facility) 2108 Alwood Court (GPIN 2414197151). COUNCIL DISTRICT— PRINCESS ANNE MEETING DATE: April 18, 2017 • Background: The applicant is requesting a Conditional Use Permit for a Home-Based Wildlife Rehabilitation Facility in order to care for small mammals, specifically opossums. The applicant is licensed with the Virginia Department of Game and Inland Fisheries as a Category 1 Wildlife Rehabilitator, and was unaware of the need for a Conditional Use Permit until recently. There are there existing outdoor enclosures located in the rear yard adjacent to a six-foot high, solid privacy fence. Two of the three enclosures are within the five-foot side yard setback. The applicant is seeking a deviation to the setback in order to keep the cages in place. • Considerations: The applicant has been made aware of the standards identified in Section 242.3 of the Zoning Ordinance pertaining to Wildlife Rehabilitation Facilities within a residential setting. Staff believes that this request adequately addresses these requirements. Further details pertaining to the request, as well as Staffs evaluation of the request, are provided in the attached Staff report. The applicant has discussed this request with the surrounding neighbors and has submitted letters of support from two adjacent property owners. There is no known opposition to this request. • Recommendations: City Staff recommends approval of this request. The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request. 1. The applicant shall comply with all of the provisions of Section 242.3 of the City Zoning Ordinance pertaining to a Home-Based Wildlife Rehabilitation Facility. 2. No animals shall be dropped-off between the hours of 10:00 p.m. and 7:00 a.m. Jenna Zimmermann Page 2 of 2 3. No animals shall be released at the subject site or within the neighborhood. 4. The applicant shall maintain the existing landscaping and the six-foot high privacy fence and the four-foot high fence that encloses the backyard, such that all activity and all structures associated with the Home-Based Wildlife Rehabilitation are screened from view. 5. All pre-release cages depicted on the site layout shall be equipped with a double door system for the protection of the handler and the mammals prior to occupancy by any mammals. 6. All mammals kept onsite shall be properly vaccinated for rabies and proof of rabies immunization shall be kept onsite. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Dei.. - :nt/Ag• cy: Planning Departure t�k City Manager. Applicant Jenna Zimmermann Agenda Item Property Owner Steve & Jenna Zimmermann Public Hearing March 8, 2017 3 City Council Election District Princess Anne Virginia Beach Request 4`a° M Conditional Use Permit (Home-Based Wildlife 84 �`to,�, Rehabilitation Facility) 3 r° 3 aF - Staff Recommendation 70.75dBDNL c+s ON kp Approval m �`°°d 6w, p ri <CStaff Planner r °"'°^e.d. RRcad f lRobert Davis ,a leit C.41 '� , V. 4' 3 a Location a 2108 Alwood Court w 65-70tlBDNl f N� r GPIN $ °° 2414197151 x w W.'ko... 34 Site Size 13,240 square feet AICUZ 70-75 dB DNL Watershed Southern Rivers .t... ,fitIt44 .4k, Existing Land Use and Zoning District `• . . , _. Single-family dwelling/ R-10 Residential t., , es T Ilk * Surrounding Land Uses and Zoning Districtslot '` / 00 ' T North it ..., Ilk Single-family dwellings/ R-10 Residential rii.'- k South �, „� Single-family dwellings/ R-10 Residential 4 , East ,' :F <'. . za.r SIO, -:. , Single-family dwellings/ R-10 Residential I 'f. r West \.-• . 4 I- Alwood Court .. •• '� Single-family dwellings/ R-10 Residential t K' P'"'� r •, - a� --11"` • ' ' . Jenna Zimmermann Agenda Item 3 Page 1 Background and Summary of Proposal • The applicant is requesting a Conditional Use Permit for a Home-Based Wildlife Rehabilitation Facility in order to care for small mammals, specifically opossums. • The applicant is a volunteer home-based rehabilitator with a Category I license with Virginia Department of Game and Inland Fisheries (VDGIF). • The applicant states that they have cared for opossums onsite for the previous two years, as they were unaware of the need for a Conditional Use Permit. • No animals will be released on the property or within the neighborhood. • The applicant has three cages located in the backyard adjacent to a six-foot high wooden privacy fence that encloses the backyard along the eastern and southern property lines.The remainder of the yard is enclosed with a four-foot high fence. • The cages are constructed of pressure treated wood and hardware cloth (welded wire mesh) on cinderblocks. Two of the cages are twelve-foot by four-foot and six feet in height. The other cage is eight-foot by eight-foot and six feet in height. • Two of the existing cages appear to be located within the five-foot side yard setback for structures.The applicant is seeking a deviation to the setback for the cages by City Council per Zoning Ordinance Section 221 (i). v R•'10 B -2 101011*-- -40 76 ae ON ,ll frr: , Alt No Zoning History to Report it R-10 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Jenna Zimmermann Agenda Item 3 Page 2 Comprehensive Plan Recommendations The Comprehensive Plan recognizes this property as being within the "Suburban Area." Guiding principles have been established in the Comprehensive Plan to guard again possible threats to the stability of the Suburban Area and to provide a frame work for neighbors and places that are increasingly vibrant and distinctive. The Plan's primary guiding principle for the Suburban Area is to create "Great Neighborhoods," and to support those neighborhoods with complementary non-residential uses in such a way that working together the stability and sustainability of the Suburban Area is ensured for now and the future. (p 1-61) Natural and Cultural Resources Impacts The site is located in the Southern Rivers Watershed. Drainage in the Southern Rivers watershed is highly impacted by the presence of high ground water, poorly draining soils, and high water surface elevations in downstream receiving waters. There do not appear to be any significant natural resources or cultural features associated with the site. Public Utility Impacts Water & Sewer This site is currently connected to City water and sanitary sewer service. Evaluation and Recommendation The proposed Conditional Use Permit for a Home-Based Wildlife Rehabilitation Facility on this site, in Staff's opinion, is consistent with the Comprehensive Plan's land use policies with regard to compatibility with the surrounding neighborhood and similar to other wildlife rehabilitation requests within the Suburban Area. The backyard is enclosed with a six-foot high privacy fence and a four-foot fence with extensive landscaping that provides sufficient screening of the cages.The applicant has discussed her request with the surrounding neighbors and has submitted letters of support from two adjacent neighbors. The applicant is requesting that the rear yard setback deficiency for two of the existing cages be addressed through the provisions of Section 221 (i) of the Zoning Ordinance.This section allows City Council to grant deviations from required setbacks if"for good cause shown upon a finding that there will be no significant detrimental effects on surrounding properties." Staff concludes that a deviation to this requirement will not adversely impact the adjacent properties, particularly given that these structures are adjacent to a six-foot privacy fence with landscaping, are not taller than the fence, and adjacent property owners have provided letters of support. Section 242.3 of the City Zoning Ordinance provides specific standards (listed below) for Home-Based Wildlife Rehabilitation Facilities.The applicant is aware of these standards and Staff believes that this request adequately addresses these requirements. For the reasons stated above, Staff recommends approval of this application, subject to the conditions below. Jenna Zimmermann Agenda Item 3 Page 3 Recommended Conditions 1. The applicant shall comply with all of the provisions of Section 242.3 of the City Zoning Ordinance pertaining to a Home-Based Wildlife Rehabilitation Facility. 2. No animals shall be dropped-off between the hours of 10:00 p.m. and 7:00 a.m. 3. No animals shall be released at the subject site or within the neighborhood. 4. The applicant shall maintain the existing landscaping and the six-foot high privacy fence and the four-foot high fence that encloses the backyard, such that all activity and all structures associated with the Home-Based Wildlife Rehabilitation are screened from view. 5. All pre-release cages depicted on the site layout shall be equipped with a double door system for the protection of the handler and the mammals prior to occupancy by any mammals. 6. All mammals kept onsite shall be properly vaccinated for rabies and proof of rabies immunization shall be kept onsite. Further conditions may be required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design(CPTED)concepts and strategies as they pertain to this site. Jenna Zimmermann Agenda Item 3 Page 4 Zoning Ordinance Requirements for Home- Based Wildlife Rehabilitation Facility Home-based wildlife rehabilitation facilities shall meet the following standards: (a) Each operator shall ensure that each animal is provided with: (1) Adequate food and water; (2) Adequate shelter that is clean and of the proper type and size for the particular type of animal and its age, size, species, and weight; (3) Adequate exercise; (4) Adequate lighting; and (5) Veterinary care as necessary to prevent suffering or disease transmission. (b) Each operator shall hold a valid category I or category II A or B wildlife rehabilitation permit from the Virginia Department of Game and Inland Fisheries, and a migratory bird wildlife rehabilitation permit issued by the United States Fish and Wildlife Service if the operator rehabilitates migratory birds. (c) Only species for which an operator holds current state and, if applicable, federal permits shall be kept in such a facility for more than twenty-four (24) hours. All animals not authorized to be kept pursuant to such permits shall be transported to an appropriate wildlife rehabilitation center or a permitted home- based wildlife rehabilitation facility within twenty-four (24) hours of receipt of such animal. (d) No operator shall keep a greater number of animals at any one time than those for which the operator maintains adequate caging as required by the applicable state or federal permit or permits held by the operator. (e) No animal shall be kept at any such facility for a period in excess of one hundred and eighty (180) days. (f) All animals shall be kept or maintained in such manner that a nuisance is not generated by insects, excessive odor, dust, noise, or other conditions deemed by the zoning administrator to be detrimental to the community health, safety and welfare. (g) Removal of dead animals shall be conducted in accordance with the provisions of section 5-14 of the Code of the City of Virginia Beach. The home-based rehabilitator shall be the owner of the wildlife they are rehabilitating for the purposes of City Code section 5-14. (h) Removal of all waste, including medical waste, shall be conducted daily in accordance with the provisions of Section 31-7 of the Code of the City of Virginia Beach. (i) All structures, buildings, or cages used for the shelter of animals shall comply with the dimensional requirements of the zoning district in which the facility is located, provided that cages or other wildlife confinement areas shall not occupy more than a total of twenty (20) percent of the lot on which the facility is located. Structures in which animals are confined shall not exceed eight (8) feet in height. (j) There shall be no signs pertaining to the use on the property other than one (1) non-illuminated sign, not to exceed one (1) square foot in area, that may provide identification of the facility, notice to the public of any potential hazards related to the operation of the facility, and notice to the public of basic instructions for delivery of sick, injured, orphaned, or displaced wildlife. Jenna Zimmermann Agenda Item 3 Page 5 Site Layout of Existing Cages DO Go \lA N Approximate Location of Existing Cages 0 0 N Jenna Zimmermann Agenda Item 3 Page 6 Site Photos 1 ,-...';':4 '".'a. - .. .... .. „ . . . ,.. . , ...,....,„ • , . .. ,, --.; .. ),.„ • ...,.q.,. - • . Ar•I` `• 11 A'. ,< '111 ' ffill i 1r , ',7 "—.T.•:••-''' . . • i l � .. - Ift."..._ if i k ef ,r `w• • = .. 1.... i'� , `,fir , ` 5 li .` 1 �r r w`,,Y.t<:.. - mow”''�" _ r t �.r s�.l'� 1��+ t,M .� Y }•i,l � I` fij .1."'''-.A. A r p y, �If - ji L wlltill 1 +._. • J �` r +"q On'. ,^ .. . 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Jenna Zimmermann Agenda Item 3 Page 8 Disclosure Statement Virginia Beach APPLICANT'S NAME JENNA ZIMMERMANN DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board x Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE FOROTr USE ONLY Ialln.a�=.,,.s m�sl b.wa.rd.,.�2w=DAs o�= m Page I of] sanr Cnrinnssion d C t,_.,mol nciLa pei si s IG app I( Ins APPLICANT NOTIFIED OF HEARING DATE � NO CHANGES AS OF D<.IE Ll/rte/I'7 J. Jonathan sanders o REVISIONS SUBMITTED DAIF Y Jenna Zimmermann Agenda Item 3 Page 9 Disclosure Statement W,.Y� Virginia Beach A Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. nCheck here if the APPLICANT IS a corporation, partnership, firm. business, or other unincorporated organization. (A) List the Applicants name:Jenna Zmmermann 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) (B) List the businesses that have a parent-subsidiary r or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotest and 2 4 • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Annlirtmt. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. n Check here if the PROPERTY OWNER /S a corporation, partnership, firm, business, or other unincorporated organization, AND THEN. complete the following. (A) List the Property Owner's name-:__ If an LLC, list the member's names' Page 2 of Jenna Zimmermann Agenda Item 3 Page 10 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary t or affiliated business entity 2 relationship with the Property Owner. (Attach list if necessary) "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the toting power of another corporation" See State and Local Government Conflict of Interests Act.Va. Code§2.2-3101. 2 Affiliated business entity relationship' means a relationship, other than parent-subsidiary relationship, that exists when 0)one business entity has a controlling ownership interest in the other business entity, (ii)a controlling owner in one entity is also a controlling owner in the other entity,or (iii) there is shared management orcontrol between the business entitles. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the ton entities;there are common or commingled funds or assets;the business entitles 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 dose working relationship between the entities" See State and Local Government Conflict of Interests Act, Va.Codes 22-3101. • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any Item is YES, please identify the firm or Individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEFERATELV Page 3 of Jenna Zimmermann Agenda Item 3 Page 11 Disclosure Statement 4 -LL APPLICANT wti>om.Beach YES Mn SERVICE PROVIDER(useaddMonal sheets if needed) ❑ ® Accounting and/or preparer of your tax return • MW Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than riix lbs Anolicant)- identify purchaser and purchaser's service providers Any other pending or proposed ❑ ® purchaser of the subject property (identify purchasers)and purchasers service providers) • ® Construction Contractors ▪ ® Engineers/Surveyors/Agents Financing(include current Wells Fargo • ❑ mortgage holders and lender Towne Bank selected or being considered to provide financing for acquisition or construction of the property) • ® Legal Services Real Estate Brokers / ❑ ® Agents/Realtors for current and anticipated future sales of the subject property ♦ • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have D ® an Interest In the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Jenna Zimmermann Agenda Item 3 Page 12 Disclosure Statement Virginia Beach 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, VEDA meeting, or meeting of any public body or committee in connection with this Applicati n. \ -7 AP ANT'S SIGNATURE PRINT NAME DATE Page 5 of 7 Jenna Zimmermann Agenda Item 3 Page 13 Item#3 Jenna Zimmermann Conditional Use Permit 2108 Alwood Court District 7 Princess Anne March 8, 2017 CONSENT An application of Jenna Zimmermann for a Conditional Use Permit(Home-Based Wildlife Rehabilitation Facility) on property located at 2108 Alwood Court, District 7, Princess Anne. GPIN: 2414-19-7151- 0000. CONDITIONS 1. The applicant shall comply with all of the provisions of Section 242.3 of the City Zoning Ordinance pertaining to a Home-Based Wildlife Rehabilitation Facility. 2. No animals shall be dropped-off between the hours of 10:00 p.m. and 7:00 a.m. 3. No animals shall be released at the subject site or within the neighborhood. 4. The applicant shall maintain the existing landscaping and the six-foot high privacy fence and the four-foot high fence that encloses the backyard,such that all activity and all structures associated with the Home-Based Wildlife Rehabilitation are screened from view. 5. All pre-release cages depicted on the site layout shall be equipped with a double door system for the protection of the handler and the mammals prior to occupancy by any mammals. 6. All mammals kept onsite shall be properly vaccinated for rabies and proof of rabies immunization shall be kept onsite. A motion was made by Commissioner Oliver and seconded by Commissioner Ripley to approve item 3. AYE 9 NAY O ABS O ABSENT 2 HODGSON AYE HORSLEY AYE INMAN AYE KWASNY ABSENT OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE Item#3 Jenna Zimmermann Page 2 By a vote of 9-0, the Commission approved item 3 for consent. The applicant appeared before the Commission. S 'I ti _,yl 1,1` y' I' I1 yI I I, I 1 I I,I `,1 I 'ti I, , 'II 'I, } \\\, 1,ti lti 1 0 ' I� -1, II, I '1 \ \I - 1g I 1 \1r I' _ �^ I li, 1-`� _ -• II y r- II S 1 I idgpII 1' \., 1 'IAt I yll I lox.,, 'k S 11 C 'll L J s 45) til it \`- �\ ,� ,1 I, , lima �',, -\ 1 fklq \ \ k'i L , I ti � 11 �• _ til1/4\\\\:\\Ce' . I,` 1 ,1 I 4 1I \\ _\ _J \\' W I 1 � l ^�S r r— t--- 't S� % , \ I 3 $' 1 c., CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: BEACH BOROUGH DEVELOPMENT, LLC [Applicant & Property Owner] Special Exemption for Alternative Compliance (Two Separate Row House Dwellings)421 21st Street(GPIN 2427082374). COUNCIL DISTRICT—BEACH MEETING DATE: April 18, 2017 ■ Background: The applicant requests to redevelop this site with two separate Row House Building Types. There will be two dwelling units within each building; thus, four units are proposed in totality. The Oceanfront Resort District Form-Based Code (FBC) does not allow multiple separate structures on one lot, in this case the Row House Building Type, where each building does not have its own direct street frontage, as is proposed by the applicant. For this reason, the applicant is requesting a Special Exception for Alternative Compliance. The site will be divided into two, 30-foot wide by 130-foot deep parcels. The two new structures will span the proposed interior lot line and, thus, be separated by a fire wall. Each of the four units may be accessed by pedestrians from 21st Street. Paver parking spaces are provided off of the alley. Building materials include horizontal siding and shake, French doors, shed dormers, and accented columns on the porches and balconies. • Considerations: By-right development of the site is capable of yielding at least four units based on FBC regulations. The applicant is proposing to achieve the same density by building four dwelling units on the subject site that, in Staffs view, closely follow the prescribed form of the Row House Building Type. All vehicular access to the site is proposed from the alley, and there will be pedestrian walkways from 21st Street to the front porch of each dwelling, thereby meeting the pedestrian-scale and pedestrian-orientation envisioned Resort Strategic Action Plan. Further details pertaining to the request, as well as Staffs evaluation of the request, are provided in the attached Staff report. There is no known opposition to this request. • Recommendations: City Staff recommends approval of this request. The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request. Beach Borough Development, LLC Page 2 of 3 1. With the exception of any modifications required by any of these conditions or as a result of development site plan review, the layout of the site shall be substantially as shown on the exhibit titled, "PLANTING LAYOUT" dated 04/06/2015, as prepared by WPL. Said drawing has been exhibited to the City Council and is on file in the Department of Planning. 2. With the exception of any modifications required by any of these conditions or as a result of reviews under the Virginia Residential Code, the dwellings on the site shall be substantially as shown on the drawings titled "DUPLEX 15, Sheet A5," dated 8/8/2016, as drawn by Jon Bengston, and "415 & 417 21st Street Plans and Details, Sheet A2" dated 10/11/2016, as drawn by Progressive Design. Said drawings have been exhibited to the City Council and are on file in the Department of Planning. 3. Cementious fiber siding and shake or other similar quality material shall be used on the exterior of the units. Said material shall be less susceptible to warping, sagging, and cracking than .49mm thick vinyl siding, and comply with the Oceanfront Resort District Design Guidelines. 4. At the time of installation and at any time of maintenance or replacement, the landscaping shall substantially be as shown on the submitted exhibit titled "PLANTING LAYOUT,"dated 04/06/2015, as prepared by WPL Said drawing has been exhibited to the City Council and is on file in the Department of Planning. 5. A subdivision plat shall be submitted to the Planning Department / Development Services Center as part of site plan review. Said plat shall show the dedication of 2 feet along the southern lot line to the City of Virginia Beach. 6. The applicant shall make all proposed right-of-way improvements as required for 21st Street and 215' 1/2 Street as further required by Public Works Traffic Engineering, Landscape Management, the Strategic Growth Areas Office, and the Development Services Center as part of development site plan review. 7. The patios of the row house units and the driveway of the rear unit shall be constructed of permeable pavers. 8. All landscaping must be maintained in good health. Any landscaping that fails to grow or is determined to be in poor health shall be replaced with a type and quantity of plantings that is similar to and meets the same intent as the plants shown in the Planting Layout referenced in Condition #1. Beach Borough Development, LLC Page 3 of 3 Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Dep. • i : r ' . _ cy: Planning Department a.41‘ `t L City Manager: �, Applicant & Property Owner Beach Borough Development, LLC Agenda Item Public Hearing March 8, 2017 City Council Election District Beach 1. 4 City of Virginia Beach Request Alternative Compliance to the prescribed API? / criteria of the Oceanfront Resort District "`""�HSt � 1'T"Stre�` Sh SU.° t Form-Based Code i 1' 16T`"'"S`�e ib"sae' a t •ro *l 6lree 2.1,,v''', Sfi Ha,,stoet Staff Recommendation Approval i., I ,ist„str"` 9 w 14th"aNSVe.t i ^ lot,Street i 65-70 dB DNL Staff Planner 70-75dBDNL r. ••t S t. w ` i „Rd v Kristine Gay tams,'"` F tne` r 2.50djRd Street ; 21,0".""'''' 1Hd Hd/S ,� Location i 11H„5"." 421 21st Street 216t",,IS""` $ i 71st S et < GPIN 164 2427082374 2.000."5y"et io,s"" Y 166 ., - ["Sweet Site Size 19 7,800 square feet (0.18 acres) AICUZ 65-70 dB DNL; Sub-Area 1 Watershed Chesapeake Bay " ' � .f7 i. '` �I -.4'' 'J+, Vii . s. ! • sue Existing Land Use 1 •' .7- ! • 1 . s -� -Ke 4111% 4 Duplex dwelling unit • ! r ' - ' , + Ni: .:, Zoning District and Street Frontage Type - r OR Oceanfront Resort/Gateway 3 - Z . 164 Surrounding Land Uses and Zoning Districts - a '> - . • rilli North . ‘ lit _ . •-•It Duplex-dwelling units/OR Oceanfront Resort i South v► Multi-family dwelling units/ r.,.. -:1" ' T • OR Oceanfront Resort _ 111111 East ). Single-family dwellings/OR Oceanfront Resort Active Request for Alternative Compliance West Single-family dwellings/OR Oceanfront Resort Beach Borough Development Agenda Item 14 Page 1 Background and Summary of Proposal • The applicant requests to develop the site with two separate Row House Building Types.There will be two dwelling units within each building; thus, four units are proposed in totality.The Oceanfront Resort District Form-Based Code (FBC) does not allow multiple separated Row House Building Types on one lot where each building does not have its own direct street frontage, as is proposed by the applicant. For this reason,the applicant is requesting a Special Exception for Alternative Compliance. • In addition to proposing multiple separate structures on one lot,the proposal also minimally differs from certain prescribed criteria associated with the Row House Building Type. The table at the end of the report shows the differences between the FBC prescribed criteria and the proposed site plan for informational purposes, as alone, these small differences would not require Alternative Compliance. Instead, these deviations can be approved administratively through Optional Forms of Development. • As shown on the site exhibit, the site will be divided into two 30-foot wide by 130-foot deep parcels.The two new structures will span the proposed interior lot line and, thus, be separated by a fire wall. Each of the four units may be accessed by pedestrians from 21'Street. Paver parking spaces are provided off of the alley. Stepping stones will connect the rear parking to the public sidewalk and the front doors of each unit. Interior yards are made private by landscaping, and all mechanical equipment is screened from view. Building materials include horizontal siding and shake, French doors, shed dormers, and accented columns on the porches and balconies. OR 21StHatf StKeOI `1 * `,oR Zoning History 1 # Request 6540 dB ONL G 1 1 ALT Approved 09/16/2014 2 SVR Approved 09/06/2016 * ALT Request on Current Planning Commission Agenda ASt Strget 2 - OR Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Beach Borough Development Agenda Item 14 Page 2 Comprehensive Plan Recommendations The Resort Area Strategic Action Plan (RASAP), adopted in December, 2008, is the guiding planning policy for land use and development in the Oceanfront Resort District.The RASAP calls for improved transit and pedestrian connections between destinations, and a transition in use and design from the Resort Area to the neighborhoods. Evaluation and Recommendation By-right development of the site is capable of yielding at least four units based on the Frontages and Building Type regulations of Chapter 2 of the Form-Based Code. The applicant is proposing to achieve the same density by building four dwelling units on the subject site that, in Staff's view, closely follow the prescribed form of the Row House Building Type. By providing all vehicular access to the site from the alley, and including walkways for pedestrians (guests and residents) to access the front porch of each dwelling unit from the sidewalk of 21St Street, the proposal is pedestrian-oriented and the automobile is less emphasized. The proposed building materials, landscaping, eight-foot-deep porches, dormers, and facade projections result in a pedestrian-scaled proposal that meets the Oceanfront Resort District Design Guidelines.The perceived mass of the front structure is reduced by stepping back the third floor from the side edges of the roof, using horizontal bands, aligning the front and rear eves at the bottom of the third floor, and using shake inside the gable. The applicant will be responsible for reconstructing the existing portion of sidewalk adjacent to the subject site along 21St Street, such that it is consistently eight feet wide or as required by the Strategic Growth Areas Office and Landscape Management.The applicant will also be dedicating to the City of Virginia Beach a two-foot deep strip of land adjacent to and running parallel with 215t%2 Street (alley). The applicant will be improving the portion of the alley adjacent to the site in accordance with Public Works Standards. Section 7.3.3 of the FBC provides the review standards for Alternative Compliance applications. Any development seeking City Council approval for Alternative Compliance must advance the stated goals and objectives of the Resort Area Strategic Action Plan and Oceanfront Resort District Form-Based Code; promote modes of transportation other than the automobile; create a pedestrian-oriented and pedestrian-scaled environment; contribute to a memorable mix of uses; be consistent with the intent of the regulations applicable to the subject street frontage; be physically and functionally integrated with the built environment; and advance the goals and objectives of the parking strategy for the District. For the reasons stated as part of this evaluation and summarized earlier in this report, Staff finds that the review standards have been met, and; therefore, recommends approval of this Special Exception for Alternative Compliance to the Form-Based Code, with the following conditions below: Beach Borough Development Agenda Item 14 Page 3 Recommended Conditions 1. With the exception of any modifications required by any of these conditions or as a result of development site plan review, the layout of the site shall be substantially as shown on the exhibit titled, "PLANTING LAYOUT" dated 04/06/2015, as prepared by WPL. Said drawing has been exhibited to the City Council and is on file in the Department of Planning. 2. With the exception of any modifications required by any of these conditions or as a result of reviews under the Virginia Residential Code, the dwellings on the site shall be substantially as shown on the drawings titled "DUPLEX 15, Sheet A5," dated 8/8/2016, as drawn by Jon Bengston, and "415 &417 21'Street Plans and Details, Sheet A2" dated 10/11/2016, as drawn by Progressive Design. Said drawings have been exhibited to the City Council and are on file in the Department of Planning. 3. Cementious fiber siding and shake or other similar quality material shall be used on the exterior of the units. Said material shall be less susceptible to warping, sagging, and cracking than .49mm thick vinyl siding, and comply with the Oceanfront Resort District Design Guidelines. 4. At the time of installation and at any time of maintenance or replacement, the landscaping shall substantially be as shown on the submitted exhibit titled "PLANTING LAYOUT," dated 04/06/2015, as prepared by WPL Said drawing has been exhibited to the City Council and is on file in the Department of Planning. 5. A subdivision plat shall be submitted to the Planning Department/ Development Services Center as part of site plan review. Said plat shall show the dedication of 2 feet along the southern lot line to the City of Virginia Beach. 6. The applicant shall make all proposed right-of-way improvements as required for 21st Street and 21" 1/2 Street as further required by Public Works Traffic Engineering, Landscape Management, the Strategic Growth Areas Office, and the Development Services Center as part of development site plan review. 7. The patios of the row house units and the driveway of the rear unit shall be constructed of permeable pavers. 8. a . .:••: - . • _ . . - -• - •• • - - - - . •• . • •- _ _ . . . •. All landscaping must be maintained in good health. Any landscaping that fails to grow or is determined to be in poor health shall be replaced with a type and quantity of plantings that is similar to and meets the same intent as the plants shown in the Planting Layout referenced in Condition#1. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. Beach Borough Development Agenda Item 14 Page 4 Proposed Conceptual Site Layout 21i11/2 STREET 7 PAANY.G SPACES-\\\\\\M 20 R/W- 7 PARKHG SPACES (M B 5, P. 103) 7'P/M AfOY]VKW N 76.0805'E 60.00' LB•9 / r J I U PRpaost0.'A:ArT/ENG. (Jos 0.401.6./(> "A0 I 7 PARK6�G SPACES PSC I MPKA�!jr'P4KP5 PAYUY y 1 I I 266 ROOF 01-66 - 1 LB-7H 1700' 72-PQYACY PENCE KONG SMAC LOT LA(S. TYP g Xr. IIA fC.CN Pp?" PW 8 / II36)' 3.61' A ROCK �� a PROPOSED ,. ■ 9 • e 3-STORY O'❑ r MULT/-UN/T (2) BUILDING 9.5 ❑C-3 IC-3 EK-4 EK-5 OI❑ u 1.n' 0.❑ 3 a afi)A€�\.. 0 alb�j�I%::___ o •h 2C1S(T1,1A81t C. .174 1❑ /Iv...„id.. \ 4a111,,-PaImPm-CokLdIIm I..i. ❑ °kz zs 7 ❑ / rex- ❑ 1.67' 1.67' ^O 6 1' 6'Ti U U PROPOSED ❑ 2?."5766n 10 03-STORY �, i 0 MULTI-UNIT BUILLD/NC(2) ❑ ❑ ❑1.1 ❑I ❑4767' ❑I ••Mr Olt itikill �#�o� ❑ IJ'K(G 7£I ti tpl .. 1J.0' ��I ■ ( LwAa.(�1(rel ow05.0..Oea i� ifS"W 60.00" _ � nrw w ❑ 7b,sIP(!1 ❑ ❑ 0 2181 STREET (80 R/W)(M.8.. 5, P. 10J) (Fp4MERL r DELAWARE AYE) Beach Borough Development Agenda Item 14 Page 5 Proposed Elevations Front Unit if '_ 1 y` 1111II111111 l 111111 —" .r E_ ._ .. ,II 1 1 .1111 111,1 sin - l ;11"/11 M f �t 1 11 , 1I .1• 1 . 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IIII — H.- 1114111 I111111111,1,1,1,1,1.1,1,1�,1,111,1,1,11I .1II111111lIl1iI il11 'ill 111 ~ TT III III111111 1111111 W 1:111::111:11111111.1:1:1::1111111111111 111111 I'I'11111I11'I11111 IIII1111111111 11 II1' VIII 1 III III II IIII 1111111 x I,I,IIII,I,III,I,I�,IIIII11111,1,1,1,1, I II II11111111 1111111111 I III'1111'111'111111:III1111'I11111111111 ElI1 1 1 11 1111111111111111IIl IIIIIIIIIIIIIIIIIIII I I 1 --1 11111�I111111111�11.111111 IIIIIIIIIIIIII HUHU HIP. . .... _1i 11111 = '1'1111'':' y':011 l:,'1',y:::: ' 111UHU 1 —I IIII ll 1111111. - ��JII�II 1,111111,1,1,1,1,1„1,1,11,1,1,1,1,1,1, 1 IIII � 111 I 1 I I I,-I;1 14444 �� _ to 4411 I 1111 iiilliy O—1C7 111 IIII ' 111111 1111,1 11, 111111 ll UIlf 1' 1411111:11 a 1111111111❑ I'l'l11'1'1'11 IIIII11111111111111 1 'l '1;i:11''ili' I1tr1I II 7!�I� 111 11 111 I1I I I I I I1I 111111111111111 1 1, 1+11 lI1 IIIIIIIIIIIIIIII� .111111111 : 1'.7 L 1111111111.1111111111 0 111 111111111 1111111 �� .++A -, �� IIIIIII IIIIIIIIIIII 111111 111111 1111111 V �u _ = IIIIII1114411111 II 111111111 l.,1;111t ,.a 111111 11!11111I14'IIII IIIi1I14111111 I I I I II IIII II I_I 11111111111111II I I —411 111111111111IIIIlIII IIIIIIIIIIIIIIIIIII I l 111111111- 1 4%)Q� 111111 ' - 411l,yyy11y11,y1p,1,yy1,1,11yu f I d 1111111 -. N y11111,1pIllIll,yy11yyyl,yyyu Lui 111 E ;'- CC I,111,y11111,1,11,1,11111,1,yI,1,1,1,11 1 •- 111 1t 1 I_. p 1,11,11111,1,11111111111111 (n ,, E n I,I,I,1,11111,1,111111IIIIIIl,l,l,l,llll jj 1 111111:111111111111:1111'111111111111111 III 111111111 11111111111111111 :ll:l:1;11111111;1111111111:11llII -- ' III i t 1111 l i I l 1 i l l w 111,1,1,111,1,1,11,1,1,1,1,1,111,1,1,1111 - 1 a�lll 141'I I:I III'll4 l ll — - ;I;I;I;i;I;I;,,,,1:40,,,,,,,,,mor, r=4.1 11111111111 1 N-- 111,IIII,I,II1,1,1,',111,11,1,1,1,111,1, I'I I I I VIII IIIIIIIIIIII 11111 N IIIIli!1411IIIIIII:IIIII111411111111 1 ----•- d1441dd141�14hhIdd1111144h1 - - 1 L 11 11 1 I I I 1 , r i1 1 Beach Borough Development Agenda Item 14 Page 6 Proposed Elevations Rear Unit 1 7 _ / IC 1 i J I J ��►� Lam :::1:::I Imo 'win minor . RN :2 IMAM MIMI E M ■■ 11 Ill 11 E1E 11 111 M ■■ M IEl 111 11 III 111 ■■ ■■ ��o EI EEE EEE I L. ..I _ " I!II.II! .�Il II_'�I II_ ��1RI I1.__ I _ iii ilial i �.� g r' IUU, IU Do — ® oo I: J ::••it , II' '1111 ' ®1111 unnnnuuuu ® i , j1z 1z z — 6� .2_16 fir— �6 - fl'.. .MvES 7� -"WIIIIW ' } L ■■■ �f1. +rr ■■■ ii;;11 MI 111111 En M EU An M ■■■ ' ■■ • BE ■■■ L MU. ■■■I ■■J 7r ■■ EXTERIOR 9:1114 11111111111111 IT II J1111111111111111 _ I ' —1L-11 u o u u u- 4 u u u u u f■r. NMI e ■■■■■■'. ■■■■■■1 ■■ M ■■I mini — ■■■■■■ I■■■I■■■l -- ■■ ■■, ■■■■■■ ■■■�■■■I -- ..I .. ..... o IIIIIIIIII .. 1111111 00••' :111 ,;_____' !■■■l■ �� i...... 1111' - Ill ,,, „ ur ■■■■■. ■...�... .. .. nconl 111111111 DE1 Beach Borough Development Agenda Item 14 Page 7 Criteria Table FBC Row House Criteria As Prescribed by the FBC As Proposed Lot Area 1,200 SF 3,900SF per structure 1,950 per dwelling unit Lot Width 16' 30' 21"Street Setback 5' 5' Side Setback 5' 6.1' Alley Setback 5' 18'+2' Dedication Build-To-Zone 0'—15' for 70% 14'for 80% Required Parking 2 per unit 2 per unit Outdoor Amenity Space 10% 23%of entire site (includes 8' deep porch) Building Height 45' maximum row house height 35' (front and rear) 75' maximum developable height Ground Story Transparency 15% 31% Upper Story Transparency 15% 33% Street-Facing Entrance Required Provided on every unit Porch Depth 8' 8' Beach Borough Development Agenda Item 14 Page 8 Disclosure Statement APPLICANT'S NAME Beach Borough Development, LLC DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative I Economic Development Compliance, Special Investment Program Nonconforming Use Exception for _ (EDIP) Changes Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness - -- Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area I Lease of City Property Subdivision Variance Board Conditional Use Permit I License Agreement LWetlands Board • • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • • SECTION 1 / APPLICANT DISCLOSURE FOR CITY JSF CNIV/ Iisr os Ps Iai d:.Waft:„r.o , .. Page I of7 D AP'L,CANT NCr,FIED OF LEARN❑ t,.:-L VNO CHANGES AS OF n-'E 3.6i}( Kristine Gay REVISIONS SJBMII -LO )^,,F WV�_ Beach Borough Development Agenda Item 14 Page 9 Disclosure Statement I Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ZCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Beach Borough Development LL If an LLC, list all member's names: Steven W. Bishard, Managing Member; John Bishard, Member; Kenneth F. Hunt, Jr., Member If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (8) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes] and 2 • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. El Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. n Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN complete the following. (A) List the Property Owner's name. If an LLC, list the member's names. Page 2 of 7 Beach Borough Development Agenda Item 14 Page 10 Disclosure Statement If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary I or affiliated business entity relationship with the Property Owner. (Attach list if necessary) I Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and local Government Conflict of Interests Act, Va. Code § 2.23101. 2 Affiliated business entityrelationshipmeans a relationship, other than parent-subsidiary relationship, that exists when 0) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets', the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 4 SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service; IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELV Page 3 of 7 Beach Borough Development Agenda Item 14 Page 11 Disclosure Statement APPLICANT Virginia Beach YES NO I SERVICE 11 PROVIDER (use dadditional sheets if nee XAccounting and/or preparer of Gary Larossa, CPA • your tax return Architect/Landscape Architect/ Linda Sullivan Land Planner n n Contract Purchaser(it other than the Applicant) - identify purchaser and purchaser's service providers I Any other pending or proposed ❑ n purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Construction Contractors X Engineers/Surveyors/Agents WPL Financing (include current TowneBank mortgage holders and lenders n selected or being considered to provide financing for acquisition or construction of the property) nLegal Services Sykes, Bourdon,Ahern&Levy, P.C. ' Real Estate Brokers / nn Agents/Realtors for current and i anticipated future sales of the subject property 'Harry R. Purkey, Jr.,Esquire e • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have n n 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 7 Beach Borough Development Agenda Item 14 Page 12 Disclosure Statement 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 I provided herein two weeks pri r to the Planning Commission, Council, VBDA meeting, or meeting of an u is body or committee in connection with this VS � _ Steven W. Bishard, Mg Member I /, /j!7.q t:PLICANT5 SIGNA URE PRINT NAME DATE Beach Borough Development,LLC Page 5 of 7 Beach Borough Development Agenda Item 14 Page 13 Item#14 Beach Borough Development Alternative Compliance 421 21"Street District 6 Beach March 8, 2017 CONSENT An application of Beach Borough Development for Alternative Compliance on property located at 421 21"Street, District 6, Beach. GPIN: 2427-08-2374-0000. CONDITIONS 1. With the exception of any modifications required by any of these conditions or as a result of development site plan review,the layout of the site shall be substantially as shown on the exhibit titled, "PLANTING LAYOUT"dated 04/06/2015,as prepared by WPL.Said drawing has been exhibited to the City Council and is on file in the Department of Planning. 2. With the exception of any modifications required by any of these conditions or as a result of reviews under the Virginia Residential Code,the dwellings on the site shall be substantially as shown on the drawings titled "DUPLEX_15,Sheet A5,"dated 8/8/2016,as drawn by Jon Bengston,and"415 &417 21st Street Plans and Details,Sheet A2" dated 10/11/2016,as drawn by Progressive Design.Said drawings have been exhibited to the City Council and are on file in the Department of Planning. 3. Cementious fiber siding and shake or other similar quality material shall be used on the exterior of the units. Said material shall be less susceptible to warping, sagging,and cracking than .49mm thick vinyl siding,and comply with the Oceanfront Resort District Design Guidelines. 4. At the time of installation and at any time of maintenance or replacement,the landscaping shall substantially be as shown on the submitted exhibit titled "PLANTING LAYOUT,"dated 04/06/2015, as prepared by WPL Said drawing has been exhibited to the City Council and is on file in the Department of Planning. 5. A subdivision plat shall be submitted to the Planning Department/Development Services Center as part of site plan review.Said plat shall show the dedication of 2 feet along the southern lot line to the City of Virginia Beach. 6. The applicant shall make all proposed right-of-way improvements as required for 21st Street and 21st''%Street as further required by Public Works Traffic Engineering, Landscape Management,the Strategic Growth Areas Office,and the Development Services Center as part of development site plan review. 7. The patios of the row house units and the driveway of the rear unit shall be constructed of permeable pavers. Item#14 Beach Borough Development Page 2 S. All landscaping must be maintained in good health. All landscape that fails to grow or is determined to be in poor health shall be replaced with a similar type of plant that conforms to the landscaping depicted on the plans referenced by Condition 1. All replacement landscaping shall be approved by the City Landscape Architect for consistency with the conditioned plan. All landscaping must be maintained in good health.Any landscaping that fails to grow or is determined to be in poor health shall be replaced with a type and quantity of plantings that is similar to and meets the same intent as the plants shown in the Planting Layout referenced in Condition#1. A motion was made by Commissioner Oliver and seconded by Commissioner Ripley to approve item 14. AYE 9 NAY 0 ABS 0 ABSENT 2 HODGSON AYE HORSLEY ABSENT INMAN AYE KWASNY ABSENT OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 9-0,the Commission approved item 14 for consent. Eddie Bourdon appeared before the Commission on behalf of the applicant. • — _ / ^_.^— ...-','" , ,,,,\ .' / i .----.-...---. r -----„,,..........,------ \ ,,,,, i , •ti _ rl- '' \ I'1 II —Z ,,, \ SI 'I ' 1` �I I ' I,I 1 ti is I I 1,. 4 'i 11 --- 1 ly - 'S 1 1 I 1 y 1 .-rte ---_ • 1 re 1 1 I Ii _ , r ,1 1 1 'I 1 -', s.^ 1 r'" , 1 ' , I I, I i t. 1 1' 'I 'I 1 1 1 I 1' I' 'I 1, ' ''1 S i 0 , ', 1r 1 1 1 1,t, '1III - 1.. ,• I 1, i - I , ti I �'' I ''I 1' I'1 '1 11111, 1I — ' • 1' J', �' .1 11 III ', ------1 I,-S -- --- I, ti ', ti ' • i ''i ,'� �� _ �1 �,' 1, '', , = r 'I r' I S_- 11 '1, ( I �, 1 1 1 11,11 ,' 1 ' ,, \ :�'r r 1Ir II II 5 ''' 11i ,' `_net..-- r- i ` y 'l ' y `—. I, , l , , 1 , I 1 1 • i I r t \ti r \ , ', ' , • ' , , , --— _____-----c.., i V— \A S S, ,..:S ,—, I I r 5 t ti t 4 'I _ II it ,{ II. _ _ - ti 1'1 ,'1 - - -_ ---- , , ,,, \ , -, 5a‘tiG -114.\le°tIe . ______ I I IL 1 = y 1 ❑ '1, 11 '' 111 _ , 1 _ I 11 1, �_- yY 1 ) \IT-------- ' W I 1 J 1 it 11 (f %} CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: 21ST DEVELOPMENT, LLC [Applicant & Property Owner] Special Exemption for Alternative Compliance (Two Separate Row House Dwellings) 415 & 417 2181 Street (GPIN 2427083336). COUNCIL DISTRICT — BEACH MEETING DATE: April 18, 2017 • Background: The applicant requests to redevelop this site with two separate Row House Building Types. There will be two dwelling units within each building; thus, four units are proposed in totality. The Oceanfront Resort District Form-Based Code (FBC)does not allow multiple separate structures on one lot, in this case the Row House Building Type, where each building does not have its own direct street frontage, as is proposed by the applicant. For this reason, the applicant is requesting a Special Exception for Alternative Compliance. The site will be divided into two, 30-foot wide by 130-foot deep parcels. The two new structures will span the proposed interior lot line and, thus, be separated by a fire wall. Each of the four units may be accessed by pedestrians from 215t Street. Paver parking spaces are provided off of the alley. Building materials include horizontal siding and shake, French doors, shed dormers, and accented columns on the porches and balconies. • Considerations: By-right development of the site is capable of yielding at least four units based on FBC regulations. The applicant is proposing to achieve the same density by building four dwelling units on the subject site that, in Staffs view, closely follow the prescribed form of the Row House Building Type. All vehicular access to the site is proposed from the alley, and there will be pedestrian walkways from 21st Street to the front porch of each dwelling, thereby meeting the pedestrian-scale and pedestrian-orientation envisioned Resort Strategic Action Plan. Further details pertaining to the request, as well as Staffs evaluation of the request, are provided in the attached Staff report. There is no known opposition to this request. • Recommendations: City Staff recommends approval of this request. The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request. 215' Development, LLC Page 2 of 3 1. With the exception of any modifications required by any of these conditions or as a result of development site plan review, the layout of the site shall be substantially as shown on the exhibit titled, "PLANTING LAYOUT," dated 04/05/2015, as prepared by WPL. Said drawing has been exhibited to the City Council and is on file in the Department of Planning. 2. With the exception of any modifications required by any of these conditions or as a result of reviews under the Virginia Residential Code, the dwellings on the site shall be substantially as shown on the two drawings titled "415 & 417 21st Street Plans and Details, Sheet A2" dated 10/11/2016, as drawn by Progressive Design. Said drawings have been exhibited to the City Council and are on file in the Department of Planning. 3. Cementious fiber siding and shake or other similar quality material shall be used on the exterior of the units. 4. Said material shall be less susceptible to warping, sagging, and cracking than .49mm thick vinyl siding, and comply with the Oceanfront Resort District Design Guidelines. 5. At the time of installation and at any time of maintenance or replacement, the landscaping shall substantially be as shown on the submitted exhibit titled "PLANTING LAYOUT, 21ST DEVELOPMENT," dated 04/05/2015, as prepared by WPL Said drawing has been exhibited to the City Council and is on file in the Department of Planning. 6. A subdivision plat shall be submitted to the Planning Department / Development Services Center as part of site plan review. Said plat shall show the dedication of 2 feet along the southern lot line to the City of Virginia Beach. 7. The applicant shall make all proposed right-of-way improvements as required for 21st Street and 21st '/: Street as further required by Public Works Traffic Engineering, Landscape Management, the Strategic Growth Areas Office, and the Development Services Center as part of development site plan review. 8. All landscaping must be maintained in good health. Any landscaping that fails to grow or is determined to be in poor health shall be replaced with a type and quantity of plantings that is similar to and meets the same intent as the plants shown in the Planting Layout referenced in Condition #1. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map 21st Development, LLC Page 3 of 3 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Departme tot44, L City Manage beets Applicant & Property Owner 21st Development, LLC Agenda Item Public Hearing February 8, 2017 City Council Election District Beach L:0 I. City of Virginia Beach Request Alternative Compliance to the prescribed criteria of the Oceanfront Resort District A7Z2 Form-Based Code itch ts�ee< It""W =7m S'''''' street 201°43' th Weee cf Staff Recommendation wee, Ke Approval 4.a•4 ="° =Sm"ax� d 25th 5..ee Y Staff Planner ;^ ,4" H'tl care,, a ? _41 „ypeee Kristine Gay 70-75 d8 DNL ; L 65-70 dB DNL =;Fe greee 2,/,weea er. Location �t k �eee 415 and 417 21st Street =,aeKeee . u"e"'� ` __" e G P I N s �,�s� e< 2427083336 26, _� 2es"6,6 Site Size 1 _r "'" '' geCe 7,800 square feet (0.18 acres) =b4 A "V' eee AICUZ 65-70 dB DNL; Sub-Area 1 Watershed Chesapeake Bay t Existing Land Use ;,� t Duplex dwelling unit cr••"' Y;• `,.' .-r_, •► _ , ; .4... ` t ;Wit-- s Zoning District and Street Frontage Type - _1 OR Oceanfront Resort/Gateway 3 s 1 , _ ?C' Surrounding Land Uses and Zoning Districts North f- " - Ilk Duplex-dwelling units/OR Oceanfront Resort , - • . South - 7 / )c(1 - ? Lodging and Multi-family dwelling units/ ..� �� ` . . t 4 4 OR Oceanfront Resort la0 Il rr East • 4 4 ':.<4! -,'..• g Single-family dwellings/OR Oceanfront Resort ILor 0 _ . .s.- IC' F� West " , V Single-family dwellings/OR Oceanfront Resort Active Request for Alternative Compliance 21st Development, LLC Agenda Item D1 Page 1 Background and Summary of Proposal • The applicant requests to develop the site with two separate Row House Building Types.There will be two dwelling units within each building; thus, four units are proposed in totality.The Oceanfront Resort District Form-Based Code (FBC) does not allow multiple separated Row House Building Types on one lot where each building does not have its own direct street frontage, as is proposed by the applicant. For this reason the applicant is requesting a Special Exception for Alternative Compliance. • In addition to proposing multiple separate structures on one lot,the proposal also minimally differs from certain prescribed criteria associated with the Row House Building Type. The table at the end of the report shows the differences between the FBC prescribed criteria and the proposed site plan for informational purposes, as alone, these small differences would not require Alternative Compliance. Instead, these deviations can be approved administratively through Optional Forms of Development. • As shown on the site exhibit, the site will be divided into two 30-foot wide by 130-foot deep parcels.The two structures, will span the proposed interior lot line and, thus, be separated by a fire wall. Each of the four units may be accessed by pedestrians from 21st Street. Paver parking spaces are provided off of the alley. Stepping stones will connect the rear parking to the public sidewalk and the front doors of each unit. Interior yards are made private by landscaping, and all mechanical equipment is screened from view. Building materials include horizontal siding, French doors, four-over-four and six-over-six windows, and accented columns on the porches and balconies. , OR 1 still\--9 , Oft OR _ OR '� \,* Zoning History a ��oRWet # Request 6 7OdB0 L s ., Z15t ._ 1 ALT Approved 09/16/2014 J- I` 2 SVR Approved 09/06/2016 A 1 * ALT Request on Current Planning Commission Agenda _ 2 OR OR t OR oR Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance 21st Development, LLC Agenda Item D1 Page 2 Comprehensive Plan Recommendations The Resort Area Strategic Action Plan (RASAP), adopted in December, 2008, is the guiding planning policy for land use and development in the Oceanfront Resort District.The RASAP calls for improved transit and pedestrian connections between destinations, and a transition in use and design from the Resort Area to the neighborhoods. Evaluation and Recommendation By-right development of the site is capable of yielding at least four units based on the Frontages and Building Type regulations of Chapter 2 of the Form-Based Code.The applicant is proposing to achieve the same density by building four dwelling units on the subject site that, in Staff's view, most closely follow the prescribed form of the Row House Building Type. By providing all vehicular access to the site from the alley, and including walkways for pedestrians (guests and residents) to access the front porch of each unit from the sidewalk of 21St Street, the proposal is pedestrian-oriented and the automobile is less emphasized. The building materials, accents, and depth of the porches and balconies, are less in-line with the Oceanfront Resort District Design Guideline than previously approved requests for Alternative Compliance; however, in Staffs opinion, the increased side yard setbacks and landscaping will help off-set this. The overall design still results in a pedestrian scale and reasonably achieves the objectives of the Design Guidelines. The applicant will be responsible for reconstructing the existing portion of sidewalk adjacent to the subject site along 21st Street such that it is consistently 8 feet wide or as required by the Strategic Growth Areas Office and Landscape Management.The applicant will also be dedicating to the City of Virginia Beach a two-foot deep strip of land adjacent to and running parallel with 21St%2 Street (alley). The applicant will be improving the portion of the alley adjacent to the site in accordance with Public Works Standards. Section 7.3.3 of the FBC provides the review standards for Alternative Compliance applications. Any development seeking City Council approval for Alternative Compliance must advance the stated goals and objectives of the Resort Area Strategic Action Plan and Oceanfront Resort District Form-Based Code; promote modes of transportation other than the automobile; create a pedestrian-oriented and pedestrian-scaled environment; contribute to a memorable mix of uses; be consistent with the intent of the regulations applicable to the subject street frontage; be physically and functionally integrated with the built environment; and advance the goals and objectives of the parking strategy for the District. For the reasons stated as part of this evaluation and summarized earlier in this report, Staff finds that the review standards have been met, and; therefore, recommends approval of this Special Exception for Alternative Compliance to the Form-Based Code, with the following conditions below: Recommended Conditions 1. With the exception of any modifications required by any of these conditions or as a result of development site plan review, the layout of the site shall be substantially as shown on the exhibit titled, "PLANTING LAYOUT," dated 04/05/2015, as prepared by WPL. Said drawing has been exhibited to the City Council and is on file in the Department of Planning. 21st Development, LLC Agenda Item D1 Page 3 2. With the exception of any modifications required by any of these conditions or as a result of reviews under the Virginia Residential Code, the dwellings on the site shall be substantially as shown on the two drawings titled "415 &417 215`Street Plans and Details, Sheet A2" dated 10/11/2016, as drawn by Progressive Design. Said drawings have been exhibited to the City Council and are on file in the Department of Planning. 3. Cementious fiber siding and shake or other similar quality material shall be used on the exterior of the units. Said material shall be less susceptible to warping, sagging, and cracking than .49mm thick vinyl siding, and comply with the Oceanfront Resort District Design Guidelines. 4. At the time of installation and at any time of maintenance or replacement, the landscaping shall substantially be as shown on the submitted exhibit titled "PLANTING LAYOUT, 21ST DEVELOPMENT," dated 04/05/2015, as prepared by WPL Said drawing has been exhibited to the City Council and is on file in the Department of Planning. 5. A subdivision plat shall be submitted to the Planning Department/ Development Services Center as part of site plan review. Said plat shall show the dedication of 2 feet along the southern lot line to the City of Virginia Beach. 6. The applicant shall make all proposed right-of-way improvements as required for 21st Street and 21st%2 Street as further required by Public Works Traffic Engineering, Landscape Management, the Strategic Growth Areas Office, and the Development Services Center as part of development site plan review. 7. • . . . _ - • . • •• _. . • . _ . . •. .• . - - . . .. . - - - :• ' -• ' - -- :•:' ':•-: : . •. All landscaping must be maintained in good health. Any landscaping that fails to grow or is determined to be in poor health shall be replaced with a type and quantity of plantings that is similar to and meets the same intent as the plants shown in the Planting Layout referenced in Condition #1 NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning/Development Services Center and Department of Planning/Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED)concepts and strategies as they pertain to this site. 21st Development, LLC Agenda Item D1 Page 4 Proposed Conceptual Site Layout 21 h1/2 STMT ,PARXR.G SPACES ^'20 R/W— 2 PARXNL SPACES (M.B. 5, P. 10J) Y R/R ariRA00' N 767,A8'05'£ 60.00 LB-9 II iii PROPOSCO 4'PK'A'E7 FENCE ;QYII I / U (Sox OPA0(R)(nsK.At) U I 1 PARKNC SPACES 18.0. I f I 1 ll ; PERMEABLEPASPCPAAVERS 0/ 1 R I 11 / A ,%0 a LB-7 27.00' { 2�d FLOOR Xc'r A -'' 1 0 71-AFMICY MICE ALMC SOF LOT LAWS - PEQ ',Awn \ / GW CLARA6C ^ \ / PORCH PORCH N I n PW-8 O / \Y367" 567" ( 'O hi a �� n PROPOSED n IF.16.1■ ► . 49 ❑ 0 3—STORY 3—STORY (2) 01 9.► • BUILD/NG . 0 AC hirl O IC-3 I EK-5IC.3 �j 41 ■ I $ EK-4 O ■ $o I❑ ., �( ■ I Ng "I ❑ ► 1 W 4RGENI OEATLOPIENI CORP. gib >1a p ■ (NST 20151116001113400) vii I❑ AAS_11c. —_��' ■ •I h LATS 13 8 IS I❑ Am, im ❑I h GP L 2427-08-339715 ❑ ❑ 01.13.5 PG. 103) 0 ;" •_ : _ : _ 411' zB.,,_ _•r_+rt_!rl 7s QA-2 2' ❑ \NI ❑ RA7l ¢p gAPF ❑I PW-11 0,_ EK-4 �� EK-5 ■ IC-3 IC-3 O Iri 1,kk ;I) • q R PROPOSED • • O 3-STORY , ■ COMVEC»cw M 1 ■ 10. o MULTI—UNIT (2) O ■ 2In S/PEET BUILDING 1 IeJJ. °b n6 q \O 3.67• 367" ''v LB-7 ��1 >" CM-3 I� �� .;�1 I 4. GF-8 2700' GF-8 e I 14��,•Lj11-_��3 d FLOOR LPA' AFC �' I II X Al - I 2nIs(nlOO PORCH t + � A 2M noaR DECK •lift ` ❑'F__oAo Of: ''.. 000I ,° 1 94__ ( ) ESE ❑■ '705" 6000' ► ■❑ O "P S1RE£1 ❑ O ❑ - ■ 211f STREET i (80 R/W)(MO. 5, P. 10J) (FORMERLY DELAWARE AVE) • 21st Development, LLC Agenda Item D1 Page 5 Proposed Elevations Front Unit 12 2 2 12 6��I�. 6��6 7 7 L1.7 IMO AM 71 NIS III InININ ■■ ..N III ..... ■■ T �..1 _ _;_ I::I IU. III :: c �e-�E-I :: I:: �:I; �J i l �I1 .,i, � I, ;; III a . la tEl : 1I ' ; E' II I �H: rjoo s w RocfNG SHINGLES 7 r Ip (L I I 1 II —I. - l m no... .MB no ... I..■■■. 7E ■■12 ..I ■ no ■■■ L111 ... ... ... ..■. .. I...1 ••• LIII IL L•UI 7r ••I Ex,ERIDR SIDING ■.I mum= Nu]m IU. . I. I I . . _, , r I I L ITon MI 11 poifli� Et.I I I. m ... pp E'TE I 1 f. .. .. Min AEI 21st Development, LLC Agenda Item D1 Page 6 Proposed Elevations Rear Unit 9,1' ROTA,. Hv:,ES 11 I 7 40,019,440,019,4 .TIE. :1-23........„.. . ., -.3-1151 6 /^ �6 Pc7.' ,2 [ :t:::' :::I:: ,2 [:::IN: ...�...l ET1E1a0<931N:. -, �� n�� — M N ,. �-.. \� ■■ I c� 1 Y ii AN .�. v — s —'‘' I: M Oa — _ 11111 1111111 - ono ilk Q1T _...1.1,:1 II•. . ...._al I I :: :: _ OO 111111111111111111111 ® OO- ■■ ....TE I I Oa CP 1x11, ® DO L• 1100 oa _ 1 . ; nI mmuumiiiii ® - J6r 16 6r �' 4OCf1NG SHNa S 1 n W. 1 LA Vii W . .11.r •• [ ..■ ... III - ■.■ N.■1111■ ■.■1111. ...I 1111. 7.2_ r ..J E•TE I 1"1,4.11 inunuunun � 1111 .■■.■■ ■■ II ■■ iii iii INN NON — .11 .O u., a• _ ■.■■■■ ■1111.■■ I.�'i it ..I i!' i ...1...' H 1111111 0 t til _ - b 0 " ■■■ I■III■ g 0 I■■ _ -- ■.■ ■UI In L■ ,UI■.. [IllE'TE I I I'. mi -- on INN NNI IM . i. FLA0E1 00 21st Development, LLC Agenda Item D1 Page 7 FBC Criteria Table FBC Row House Criteria As Prescribed by the FBC As Proposed Lot Area 1,200 SF 3,900SF per structure 1,950 per dwelling unit Lot Width 16' 30' 21"Street Setback 5' 6' Side Setback 5' 10' Alley Setback 5' 18'+2' Dedication Build-To-Zone 0'—15' for 70% 6' for 65% Required Parking 2 per unit 2 per unit Outdoor Amenity Space 10% 23%of entire site (does not include porches or balconies) Building Height 45' maximum row house height 35' (front and rear) 75'maximum developable height Ground Story Transparency 15% 36% Upper Story Transparency 15% 36%and 28% Street-Facing Entrance Required Provided on every unit Porch Depth 8' 6' 21st Development, LLC Agenda Item D1 Page 8 Disclosure Statement APPLICANT'S NAME 21st Development, LLC DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property _ Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for ' (EDIP) Board of Zoning Encroachment Request I Rezoning A. seals Certificate of Floodplain Variance Appropriateness - ---- Street Closure (Historic Review Board) i Franchise Agreement Chesapeake Bay - - Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit 1 License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. • • SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/AI"Pocest .mulct'w LihdredtkuD le w.vcks hpior to any Page 1 of7 P an mg LtAl ill 5510 mu,L.y(.L1'10. meeleig mal penaws to the aaPtcar.Th,r. 1 0APPLICANT NOI IFIFC OF NEAR NC p. E . Ly F NO CHANCES AS OF DA 6 KIIStIOe Gay RN6bN5 SUBMITTED DAL Ix 21st Development, LLC Agenda Item Dl Page 9 Disclosure Statement r:rdura oeac:: Chcck here if the APPLICANT IS NOT a corporation, partnership, firm, btsiness, or other iro nrnrporated organ,zation. XI Check Jere If the APPLICANT l5 a corporation, partnership. firm, business, or ether unmrorpoi aied L:aga riiation (A) List the Applit arr.'s name 21st Development, LLC If an Iti'_ list all member's 'lames Kenneth F. Hunt Jr , Manager if a CORPORATION. list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary,' fel ..ist the businesses that have a pal enrsubsidiary t or affiliated business entity 1 relationship with the Applicant: (Attach list if necessary) See neat page for information pertaining to footnotes' and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if nrooerfy owner is Afferent from Applicant. I Cherk here if the PROPERTY OWNER IS NOT a corporation, partnership. film, business, or other unincorporated organization. Che If he FP If the PROPERTY OWNFR IS a corporation, partnership, firm, business. or other unincorporated organization, AND THEN complete the following. IA) List the Property Owner's name: If an 11 C. list the member's names' Page 2 of 7 21st Development, LLC Agenda Item Dl Page 10 Disclosure Statement If a Corporation, list the rames [Flail officers, directors, members, trustees, etc. below: ;Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner. (Ariwh fist if necessary) t 'Parentsubsidiary relationship' means 'a relatiershia That exists hen one corporatio• dim ny or Indirectly [Ferns shares possessing more than 50 percent of the rasing power til another corporation' Sec State and local Cmrcrnmeni Confect of Interests Act. Va. Code § 2 7 4i01 2 'Afflllarec business entity re:a:ipnshi means 'a -efatiDPsh p, ocher than 0 Paren4 subnd ary recanornh ip, that exam wher fi) one business entity has a controlling ownership Interest In the other business entity, lilt a control) ng owner in one entity is also a controlling owner in the other entity. or .iii there is shared management or control between the business entitles Factors that thou': be considered in determining the existence of ar. affiliated business entity resat onship include that ter same person or substantially the same person nen or manage the tyro entities, there are common or t;mming.ed funds nr assets: the bbsiress entities share the ne of the same offices or employees or othernise share activities, resources of pe lsna rel an a regular basis; or there is otherwise a Jose eoraing relationship between the enmies" See State and Local Cpvernmen; Conflict of interests Art W Co* § ? 23101 • • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the si+dltct of the application or any business operating or to be operated on the Property. If the answer to any item h YES, please identity the firm or individual providing the service. IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLLIE THE SECTION SEPERATELY Page 3 of 7 21st Development, LLC Agenda Item D1 Page 11 Disclosure Statement VALIF APPLICANT Virginia Beach YES I [ NO ] I SERVICE PROVIDER tura addI*nai sheets it L_— needed) XAccounting and/or preparer of (Gary Larossa CPA your tae return J Z �X I,, Architect / Landscape Architect / Linda Sul Ivan II_ he L..� -" -' �`d purchaser's service providersr Land Planner Contract Purchaser (if other than Any other pending or proposed ❑ purchaser of the subject property (identify purchasers) and .7� purchaser's service providers) j I Construction Contractors I Engineers / Surveyors/ Agents NNt Financing (include current mortgage holders and lenders selected or being considered to provide financing fur acquisition Fm construction of the property) ZLi Legal Services Sykes Bourdon.Ahem&Lery P C Real Estate Brokers ❑ I Agents/Realtor 5 for current and anticipated future sales of the subject property _ 'Harry R. Purkey Jr., Esquire e e SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YESNO 1 Does an official or employee of the City of Virginia Beach have f i an interest in the subject land or any proposed development i 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? 21st Development, LLC Agenda Item Dl Page 12 Disclosure Statement B Virginia Beach CERTIFICATION: I certify that all of the,nformatron contained In this Disclosure Statement Form is 'complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this iltation._st _ y/ ; _ "04%6. 1 Kenneth F. Hunt,Jr., Manager avidla / APPLICANTS 'Ai_ UR: PRINI,VAE DATE 21u Dnw __ _—._.. bpment,LLC 21st Development, LLC Agenda Item Dl Page 13 Item#D1 21" Development, L.L.C. Alternative Compliance 415 &417 21"Street District 6 Beach March 8, 2017 CONSENT An application of 21" Development, L.L.C.for Alternative Compliance on property located at 415&417 21"Street, District 6, Beach. GPIN: 2427-08-3336-0000. CONDITIONS 1. With the exception of any modifications required by any of these conditions or as a result of development site plan review,the layout of the site shall be substantially as shown on the exhibit titled, "PLANTING LAYOUT," dated 04/05/2015, as prepared by WPL.Said drawing has been exhibited to the City Council and is on file in the Department of Planning. 2. With the exception of any modifications required by any of these conditions or as a result of reviews under the Virginia Residential Code,the dwellings on the site shall be substantially as shown on the two drawings titled "415 &417 21st Street Plans and Details, Sheet A2"dated 10/11/2016, as drawn by Progressive Design.Said drawings have been exhibited to the City Council and are on file in the Department of Planning. 3. Cementious fiber siding and shake or other similar quality material shall be used on the exterior of the units. Said material shall be less susceptible to warping,sagging,and cracking than .49mm thick vinyl siding, and comply with the Oceanfront Resort District Design Guidelines. 4. At the time of installation and at any time of maintenance or replacement,the landscaping shall substantially be as shown on the submitted exhibit titled "PLANTING LAYOUT, 21ST DEVELOPMENT," dated 04/05/2015,as prepared by WPL Said drawing has been exhibited to the City Council and is on file in the Department of Planning. 5. A subdivision plat shall be submitted to the Planning Department/Development Services Center as part of site plan review. Said plat shall show the dedication of 2 feet along the southern lot line to the City of Virginia Beach. 6. The applicant shall make all proposed right-of-way improvements as required for 21st Street and 21st%Street as further required by Public Works Traffic Engineering, Landscape Management,the Strategic Growth Areas Office, and the Development Services Center as part of development site plan review. 7. All landscaping must be maintained in good health.All landscape that fails to grow or is determined to be in poor health shall be replaced with a similar type of plant that conforms to the landscaping depicted on the plans referenced by Condition 1. All replacement landscaping shall be approved by the City Landscape Architect for consistency with the conditioned plan. All landscaping must be Item#D1 21st Development, L.L.C. Page 2 maintained in good health.Any landscaping that fails to grow or is determined to be in poor health shall be replaced with a type and quantity of plantings that is similar to and meets the same intent as the plants shown in the Planting Layout referenced in Condition #1. A motion was made by Commissioner Oliver and seconded by Commissioner Ripley to approve item Dl. AYE 9 NAY O ABS O ABSENT 2 HODGSON AYE HORSLEY ABSENT INMAN AYE KWASNY ABSENT OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 9-0, the Commission approved item Dl for consent. Eddie Bourdon appeared before the Commission on behalf of the applicant. K.APPOINTMENTS 2040 VISTION-TO-ACTION COMMUNITY COALITION GREEN RIBBON COMMITTEE HUMAN RIGHTS COMMISSION MINORITY BUSINESS COUNCIL PROCESS IMPROVEMENT STEERING COMMITTEE RESORT ADVISORY COMMISSION TOWING ADVISORY BOARD L. UNFINISHED BUSINESS M.NEW BUSINESS N. ADJOURNMENT *am**am*.t**t**,* If you are physically disabled or visually impaired and need assistance at this meeting. please call the CITY CLERK'S OFFICE at 385-4303 4/18/17/st Virginia Beach City Council Speaker time Limits ORDINANCES/RESOLUTIONS: Each registered speaker will have three(3) minutes to support the document or express concerns PLANNING ITEMS: Applicants,or their Representatives,will have ten (10) minutes to define the need or explain the intent plus three(3) minutes for Rebuttal Speakers will have three(3)minutes to speak once in favor or opposed. CITY COUNCIL CIP BRIEFINGS, BUDGET WORKSHOPS SCHEDULE FOR THE FY 2017-18 RESOURCE MANAGEMENT Tuesday, April 25th Cultural Affairs Tuesday, April 27th Museums (Called Meeting) Parks and Recreations SPECIAL FORMAL Treasurer SESSION Commission of Revenue Public I[caring—6:00 PM General Registrar Bayside High School STIR Office City Attorney City Auditor City Clerk Real Estate Assessor's Office Information Technology Tuesday, May 2nd Finance Reconciliation Workshop Human Resources Communications Office Debt Service Budget and Management Tuesday, May 9th Services (Called Meeting) Non-Departmental City Manager's Office Budget and OP Vote SPECIAL FORMAL SESSION Public Hearing—6:00 PM City Council Chamber HEAR YE,HEAR YE JULY FOURTH TWO THOUSAND SEVENTEEN IS A CITY HOLIDAY BY ORDINANCE,JULY FORMAL SESSIONS OF VIRGINIA BEACH CITY COUNCIL ARE SCHEDULED FOR THE FIRST and SECOND TUESDAY IN JULY 2017 VIRGINIA BEACH CITY COUNCIL FORMAL SESSIONS WILL BE HELD ON THE SECOND AND THIRD TUESDAY [JULY 11111 AND JULY 18m1 CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:04/4/2017 PAGE'. 1 D A AGENDA V rimy q SUBJLCI MOTION VOTE A E H E W B N E 1 S U B P DNOK MS H L W O O Y L N AOOR S 0 T R E EENSMI 00 T 'I R Y S ES SNND CITY COUNCIL BRIEFINGS A FY 2017-18 RESOURCE MANAGEMENT PLAN(Budget)/CIP Commonwealth's Attorney Sheriff and Corrections Emergency Communications and Citizen Services Emergency Medical Services Fire Department Office of Emergency Management Police Department 11 CITY MANAGER BRIEFINGS A. HRT FUNDING Brian Solis, Transportation/ Transit Planning Manager B. SPSA LANDFILL/DISPOSAL 'I homes Leahy, Deputy City Manager III/IV/ CERTIFICATION OF CLOSED SESSION CERTIFIED II-o Y V YY V V Y Y V Y Y VNV VII 4-E FG MINUTES: APPROVED 10.0 Y Y Y Y Y V Y V Y Y MARCH 14/MARCI 121,2017 H PLBLIC HEARING: NO SPEAKERS H.I. EXCESS CITY PROPERTY Ia. 245 Middle Lane I b. 627 Terrace Avenue adjacent to lake Rudee la ITA Conveyance of Restrictive Easements: 2848 Indian River Road 2508 Salem Road 2509 Salem Road Salem Road acquired from Edward Sergeant Indian River Road acquired from Hilda A. Witherington LI. Ordinances to AMEND the City Code: I.a. §36-96 re operations of taxicabs within the DEFERRED TO 8-3 V Y V Y N Y YNYN Y City 4/18/17 I.b. §2-72 re Personnel Board membership 11-0 Y Y Y V Y Y V V V V V ADOPTED,BY CONSENT CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE04/42017 PAGE: 2 D A AGENDA V ITEM SUBJECT MOTION VOTE A E H E W B N F I S U I B P DNOK NIS HEW 0 0 Y I. N A 0 0 R S 0 T R E E E N S M I O O T T R V S ES SNND Lc §2-110 to allow the City Manager discretion 11-0Y Y Y Y Y V V V Y V Y in pay adjustments ADOPTED,BY CONSENT I.d. 42-117 re reclassification for career 11-0 Y YYTY V V V Y Y V progression ADOPTED,BY CONSENT 1.2 Ordinance to DECLARE Excess City ADOPTED,BY 11-0 V Y V V Y V V Y Y V Y Property with Restrictive Easements on CONSENT Indian River Road/Salem Road in the ITA/ AUTHORIZE the City Manager to sell same to the United States of America: a 25482508/2509 Salem Road b. 99 acres on Salem Road acquired from Edward Sargeant c. Five acres on Indian River Road acquired from Hilda A.Witherington 13 Ordinances to DECLARE Excess City Property: 3 a Adjacent to 627 Terrace Avenue ADOPTED,BY II-0 TYYYYTYYTY V AUTHORIZE the City Manager to sell CONSENT same to Bradley C.Durfey 11-U V V V V V TYYTY V 3F. 245 Middle Lane/AUTHORIZE the City ADOPTED,BY Manager to sell the Eastern half of the CONSENT property to Samuel G.and Terrie M.Reid and the Western half of the property t0 Patricia Straight 14 Ordinance to ADOPT the 2017 Housing ADOPTED,BY II-U Y Y Y V V TY V Y Y Y Choice Voucher Annual Agency Plan/ CONSENT AUTHORIZE the City Manager to EXECUTE/SUBMIT the Plans to HUD 15. Ordinances to AUTHORIZE acquisition of. 5.a. Three easements from the United States of America,Department of the Navy,across ADOPTED,BY 11-0 V V V V Y TY V V Y Y property near Potters Pit CONSENT 5.h Property in fee simple as ROW for the ADOPTED,BY II-0 V V V Y Y Y V V Y Y Y Shipp's Corner Road improvements/ CONSENT acquisition of temporary/permanent easements,by agreement or condemnation CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:04/4/2017 PAGE. 3 D A AGENDA V ITEM SUBJECT MOTION VOTE A E H E W B N E 1 S U I B P ONOICMS HLW O 0 Y LN A 0 0 R S 0 TR F F F N S M I 0 0 '1 '1 R Y S E S SNND 1.6. Ordinances to ACCEPT/APPROPRIATE/ TRANSFER: 6.a $1,800,000 to the Risk Management Internal ADOPTED,BY 10-I Y Y Y V V Y N V Y V V Services Fund CONSENT a.b. $1,951076 from VDOT to Public Works for ADOPTED,BY 11-0 Y Y V V V V V V EY V road maintenance CONSENT 6c. $59,000 from the U.S-Department ofJustice ADOPTED,BY 11-0 Y V V V Y Y Y V Y Y V to the Police for Human Trafficking CONSENT Entrccment/Training 6.d. $11.250 from the Federal/State Seized Asset ADOPTED,BY II-0 V Y Y Y Y Y V Y Y V V Fund Balance to the Police in a grant CONSENT match 6.e. $150,000 within Public Libraries to purchase ADOPTED,BY 11-0 V V V V Y Y V V Y V V a Point-of-Sale system/computers/related CONSENT equipment 1.1 BRYANT WINBORNE Variance to§4.4(b) APPROVED,AS 11-0 Y Y V V V Y V V V Y V of the Subdivision Regulations re a single CONDITIONED family home at 2832 West Gibbs Road DISTRICT]—PRINCESS ANNE 12. OANII DANC and HOMAND SOUTH APPROVED,AS 10-0 YY Y V Y V V Y V Y INVESTMENTS,LLC for Modification of CONDITIONED Conditions re business/vocational school at 3420 Holland Road(Approved March 3, • 2015)DISTRICT 3—ROSE HALL J3. BELIN MUTUAL FINANCE,LLC.for a APPROVED AS 10-0 YYYYY V V V Y Y Conditional COZ from AG-2 to Conditional PROFFERED AND I-I/CUP re auto repair/hulk storage at 3156 CONDITIONED,BY Holland Road DISTRICT 3—ROSE HALL CONSENT 14. ELLEN ABNEY/DARRELL and ELLEN APPROVED,AS 11-0 Y V Y Y V V V Y V V Y ABNEY for a CUP re home-based Wildlife CONDITIONED Rehabilitation at 428 Becton Place DISTRICT 5—LYNNIIAVEN 15. CITY ZONING ORDINANCES to AMEND: 5.a. §905 re sign regulations in the B-4K ADOPTED,BY 10-I Y Y V Y Y Y N Y Y Y Y Kcmpsville Area Mixed Use DisInct CONSENT 5.b. § 1110 re home-based Wildlife Rehabilitation ADOPTED,BY 11-0 Y YY Y Y Y Y Y Y V Y as a Conditional Use in the PD-HI District CONSENT 5.c. 2016 Comprehensive Plan Policy Document DEFERRED 11-0 Y Y Y V V Y V Y Y Y Y re Seapines Station INDEFINITELY,BY CONSENT CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE.04/4/2017 PAGE: 4 D A AGENDA V ITEM I SUBJECT MOTION VOTE A F H F W B N E J S U B P DNOK MS HLW O O Y L N A 0 0 R SO TR E E ENSM I 00 T T R YS ES SNND K. APPOINTMENTS: HUMAN RIGHTS COMMISSION RESCHEDULED,BY 11-0 Y Y Y V Y V Y Y V V Y MINORITY BUSINESS COUNCIL CONSENSUS RESORT ADVISORY COMMISSION TOWING ADVISORY BOARD BAYFRONT ADVISORY COMMISSION Appointed: 11-0 Y Y V Y Y Y Y Y V Y Y Captain Joey L. Franzen Ex-Officio/No Term Reappointed: Joseph Miller 3-Year Term 7/1/19-6/30/20 GREEN RIBBON COMMITTEE Appointed: 11-0 V Y Y V V V V V Y Y Y Ashley Henley,TBA Unexpired thru 10/31/18 OPEN SPACE ADVISORY COMMITTEE Reappointed: 11-0 Y Y Y Y Y V V Y Y V V Nick Anoia Richard Bowie Lillie Gilbert 3-Year'Fenn 6/1/17 to 5/3120 WORKFORCE HOUSING Appointed: II-0 Y Y Y V V Y Y Y Y Y V Addle Wright Thomason Ex-Officio/No Term M/N/ AJOURNMFNT 6:31 PM 0 PUBLIC COMMENT 5 SPEAKERS 6:32 PM—6:47