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JUNE 20, 2017 AGENDA
CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL 0.1,1lA BB c MAYOR WILLIAM D.SESSOMS,JR.,At-Large �!L VICE MAYOR LOUIS R.JONES,Bayside-District 4 4S� _ JESSICA P.ABBOTT,Kempsville-District 2 O 2 e— M.BENJAMIN DAVENPORT,At Large U I f t ROBERT M.DYER,Centerville-District I BARBARA M HENLEY,Princess Anne-District 7 cs t SHANNON DS KANE,Rose Hall-District 3 JOHN D.MOSS,At Large r JOHN E.UHRIN,Beach-District 6 °U ROSEMARY WILSON,At-Large JAMES L. WOOD,Lynnhaven-District 5 CITY HALL BUILDING CITY COUNCIL APPOINTEES 2401 COURTHOUSE DRIVE CITY MANAGER DAVID L.HANSEN VIRGINIA BEACH, VIRGINIA 23456-9005 CITY ATTORNEY MARK D.STILES CITY COUNCIL AGENDA PHONE:(757)385-4303 CITY ASSESSOR- JERALD D.BANAGAN FAX(757)385-5669 CITY AUDITOR LYNDON S.REMIAS E-MAIL:Ctycncl@vbgov.com CITY CLERK RUTH HODGES FRASER,MMC June 20,2017 MAYOR WILLIAM D. SESSOMS,JR. PRESIDING I. CITY MANAGER'S BRIEFINGS - Conference Room- 4:00 PM A. NEIGHBORHOOD SPECIAL SERVICE DISTRICT (SSD) UPDATE (Hurd's Cove, Brock Cove, Bayville Creek) Phill Roehrs, Water Resource Engineer—Public Works B. CAFE FRANCHISE AMENDMENT Mike Eason, Resort Administrator- Convention and Visitors Bureau C. NATIONAL FLOOD INSURANCE PROGRAM'S "COMMUNITY RATING SYSTEM" Whitney McNamara, Environmental Planner- Planning and Community Development D. HURRICANE PREPAREDNESS Erin Sutton, Director- Office of Emergency Management E. INTERIM FINANCIAL REPORT Patti Phillips, Director- Finance II. CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW IV. INFORMAL SESSION - Conference Room- 5:40 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION V. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Sidney L. Davis Saint James Missionary Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES INFORMAL and FORMAL SESSIONS June 7, 2017 G. FORMAL SESSION AGENDA CONSENT AGENDA H. MAYOR'S PRESENTATION: 1. TBA SCHOLARSHIP AWARDS: a. Bhavik Patel: Ocean Lakes High School Howards and Nancye Weisberg Scholarship b. David Scherrer: Cox High School Richard D. Guy Scholarship I. PUBLIC HEARINGS: 1. FRANCHISE AGREEMENTS: a. 2701 Atlantic Avenue for 27th F & B LLC, t/a Ocean 27 Cafe for a Boardwalk Cafe and a Connector Park Cafe—District 6, BEACH 2. MODIFY Hurd's Cove Neighborhood Dredging project(SSD)—District 5, LYNNHAVEN 3. DECLARE EXCESS City Property at 1428 Southern Boulevard—District 6, BEACH 4. LEASE of City Property to Dawley Family Farms, LLC - District 7, PRINCESS ANNE: a. 2848 Indian River Road b. 2400-2500 Tournament Drive J. ORDINANCES/RESOLUTIONS 1. Ordinances to AMEND the City Code: a. § 5-520, 5-521, 5-524, and 5-527 re dangerous and vicious dogs b. § 12-27 re authority of the Fire Chief, or other Officer in charge, during an emergency incident c. § 23-8 re calling Ambulance or Firefighting apparatus without cause and § 23-8.3 re reimbursement of expenses incurred in responding to emergencies d. § 35-136 and §143.1 re meal taxes re"off-premises consumption" e. § 35-169 to provide Short-Term Rental Registry and direction to the Commissioner of the Revenue in the collection of information from operators f. § 35-66 re Elderly and Disabled Tax Relief application extensions g. ADD § 18-108.1 re Church and Non-Profit fundraising activities 2. Ordinance to AMEND the City's Open Air Cafe Franchise Regulations 3. Ordinance to GRANT F & B, LLC. Franchise Agreements re Open Air Cafes in the Resort Area District 6—BEACH a. Connector Park Cafe b. Boardwalk Cafe 4. Ordinance to MODIFY the boundary of Hurd's Cove Neighborhood Dredging(SSD) and AUTHORIZE the REFUND of Levies—District 5, LYNNHAVEN 5. Ordinance to DECLARE EXCESS City Property at 1428 Southern Boulevard and AUTHORIZE the City Manager to sell same to Jon W. Dobbs - District 6, BEACH 6. Ordinance to AUTHORIZE execution of a Lease of City-owned farm land with Dawley Family Farms, LLC - District 7, PRINCESS ANNE: a. 2400-2500 Tournament Drive(Ballfield Farm) b. 2848 Indian River Road (School Farm) 7. Ordinance to APPOINT Viewers to view each streets or alleys proposed to be closed 8. Resolution OPPOSING offshore oil and gas exploration, including Seismic testing 9. Resolution to AMEND City Council Resolution 03612 to recoup certain expenses related to special events 10. Resolution to DIRECT the City Manager to undertake a traffic noise evaluation along Northampton Boulevard and report findings to the Virginia Department of Transportation(VDOT); and, if needed; the Commonwealth Transportation Board shall fund the noise abatement—District 4, BAYSIDE 11. Ordinances to ACCEPT, APPROPRIATE or TRANSFER: a. $336,375 from Sheriff's office Special Revenue Fund to their FY 2016-17 Operating Budget re leave payouts b. $150,000 to the Sheriff's office and AUTHORIZE expansion of the in-house Fresh Inmate Meals Program c. $25,000 State funds to Human Services for Opioid Prevention, Treatment and Recovery d. $26,760 State funds to Human Services for a Gap Analysis of Adult Outpatient Same Day Access e. $70,000 State funds to Human Services for Peer Support Services (Homelessness Transition) K. PLANNING 1. TITAN INVESTMENT GROUP, INC. for a Subdivision Variance to § 4.4 (b) and (d) of the Subdivision Regulations re duplexes at 5024 Bonney Road and adjacent parcels DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 2. AD VENTURE WORKS, INC. and KOA, INC. for a Modification of Conditions re outdoor recreation at 1252 and 1304 Prosperity Road. DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 3. OCEAN BAY HOMES, INC. for a Special Exemption Alternative Compliance re Row Housing at 314, 316, and 318 30th Street and 2905 Arctic Avenue. DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 4. CONNIE L. HIEBERT/CONNIE and ANTHONY HIEBERT for a Conditional Use Permit re a home based wildlife rehabilitation at 2905 Bamberg Place DISTRICT 3—ROSE HALL RECOMMENDATION: APPROVAL 5. Ordinance to AMEND §111, 203, 230, 901, and 1001 of the City Zoning Ordinance (CZO) and §5.2 of the Ocean Front Resort Form-Based Code re parking requirements, conditional requirements and the establishment as a conditional use in the Business, Industrial and Oceanfront Resort Form-Based Code Districts of Craft Wineries RECOMMENDATION: APPROVAL 6. Ordinance to AMEND the 2016 Comprehensive Plan Policy document to reference and identify Seapines Station and to AMEND the Reference Handbook to ADD the Voluntary Design Guidelines for Seapines Station in reference to design components RECOMMENDATION: APPROVAL L. APPOINTMENTS BEACHES and WATERWAYS ADVISORY COMMISSION GREEN RIBBON COMMITTEE HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION MINORITY BUSINESS COUNCIL RESORT ADVISORY COMMISSION TIDEWATER COMMUNITY COLLEGE TOWING ADVISORY BOARD VIRGINIA BEACH CLEAN COMMUNITY COMMISSION VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT ********************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ******************** 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'S IN JULY 2017 VIRGINIA BEACH CITY COUNCIL FORMAL SESSIONS WILL BE HELD ON THE SECOND AND THIRD TUESDAY'S [JULY 11 and JULY 181 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. 6/20/2017/tc CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL �kNu'BE4c MAYOR WILLIAM D.SESSOMS,JR.,At-Large �L VICE MAYOR LOUIS R.JONES,Bayside-District 4 JESSICA P.ABBOTT,Kempsville-District 2 M.BENJAMIN DAVENPORT,Al Large V r rt., 1►" ROBERT M.DYER,Centerville-District 1 111 BARBARA M.HENLEY,Princess Anne District 7 f SHANNON DS KANE,Rose Hall-District 3 JOHN D.MOSS,At Large '*. ,•`� JOHN E.UHRIN,Beach-District 6 ° OUR NA °" ROSEMARY WILSON,At-Large JAMES L. WOOD,Lynnhaven-District 5 CITY HALL BUILDING CITY COUNCIL APPOINTEES 2401 COURTHOUSE DRIVE CITYMANAGER DAVID L.HANSEN VIRGINIA BEACH, VIRGINIA 23456-9005 CITYATTORNEY-MARK D.STILES CITY COUNCIL AGENDA PHONE:(757)385-4303 CITY ASSESSOR JERALD D.BANAGAN FAX(757)385-5669 CITY AUDITOR-LYNDON S.REMIAS E-MAIL:Ctycncl@vbgov.com CITY CLERK-RUTH HODGES FRASER,MMC June 20,2017 MAYOR WILLIAM D. SESSOMS,JR. PRESIDING I. CITY MANAGER'S BRIEFINGS - Conference Room- 4:00 PM A. NEIGHBORHOOD SPECIAL SERVICE DISTRICT (SSD) UPDATE (Hurd's Cove, Brock Cove, Bayville Creek) Phill Roehrs, Water Resource Engineer—Public Works B. CAFE FRANCHISE AMENDMENT Mike Eason, Resort Administrator- Convention and Visitors Bureau C. NATIONAL FLOOD INSURANCE PROGRAM'S "COMMUNITY RATING SYSTEM" Whitney McNamara, Environmental Planner- Planning and Community Development D. HURRICANE PREPAREDNESS Erin Sutton, Director- Office of Emergency Management E. INTERIM FINANCIAL REPORT Patti Phillips, Director- Finance II. CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW IV. INFORMAL SESSION - Conference Room- 5:40 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION V. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Sidney L. Davis Saint James Missionary Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES INFORMAL and FORMAL SESSIONS June 7, 2017 G. FORMAL SESSION AGENDA CONSENT AGENDA H. MAYOR'S PRESENTATION: 1. TBA SCHOLARSHIP AWARDS: a. Bhavik Patel: Ocean Lakes High School Howards and Nancye Weisberg Scholarship b. David Scherrer: Cox High School Richard D. Guy Scholarship I. PUBLIC HEARINGS: 1. FRANCHISE AGREEMENTS: a. 2701 Atlantic Avenue for 27th F & B LLC, t/a Ocean 27 Cafe for a Boardwalk Cafe and a Connector Park Cafe—District 6, BEACH 2. MODIFY Hurd's Cove Neighborhood Dredging project(SSD)—District 5, LYNNHAVEN 3. DECLARE EXCESS City Property at 1428 Southern Boulevard—District 6, BEACH 4. LEASE of City Property to Dawley Family Farms, LLC - District 7, PRINCESS ANNE: a. 2848 Indian River Road b. 2400-2500 Tournament Drive rw 4 `ti�'yij. r 1t >.tt V PUBLIC NOTICE The Virginia Beach City Council will hold a PUBLIC HEARING at 6:00 P.M. on June 20,2017 in the City Council Chamber regarding two proposed cafe franchise agreements for City-owned property located at the following location: 2701 Atlantic Avenue to 27.F& B,LLC,t/a Ocean 27 Café,for a Boardwalk Café and a Connector Park Café. The purpose of the Hearing will be to obtain public comment on the proposed franchise agreements on City property. Copies of the franchise agreements are on file in the City Clerk's office. The City Council Chamber is located on the second floor of the City Hall building(Building#1)at 2401 Courthouse Drive, Virginia Beach,Virginia 23456. Any questions concerning the above-referenced franchise should be directed to Mike Eason, CVB/Resort Management Office,by calling(757)385-4800. If you are physically disabled or visually impaired and need assistance at this meeting,please call the CITY CLERK'S OFFICE at 385-4303; Hearing Impaired, call: TDD only 711 (TDD - Telephonic Device for the Deaf). All interested parties are invited attend. Ruth Hodg r,MMC City Clerk BEACON:June 18,2017 N Mr., s c >i c PUBLIC HEARING AN ORDINANCE TO MODIFY THE BOUNDARIES OF THE HURD'S COVE NEIGHBORHOOD DREDGING PROJECT In accordance with Code of Virginia § 15.2-2402.1,the City Council of Virginia Beach, Virginia will hold a public hearing on an ordinance to modify a Special Service District for the Hurd's Cove Neighborhood Dredging Project. The Public Hearing will be held on Tuesday,June 20,2017,at 6:00 p.m. in the City Council Chamber. The Chamber is located on the second floor of City Hall,at 2401 Courthouse Drive. All persons are encouraged to attend and speak about this proposed Special Service District. A copy of the proposed ordinance, \.3\11( including a map of the revised district boundary may be inspected at the Office of the City Clerk. If you are physically disabled or visually impaired and need assistance at this meeting,please call the CITY CLERK'S OFFICE at 3854303;Hearing impaired, call:TDD only 711(TDD - Telephonic Device for the Deaf). All interested parties are invited to attend. Ruth Hodges Fraser,MMC City Clerk BEACON:MAY 28,2017,JUNE 4 and 11,2017 r i1N ) Lez: PUBLIC HEARING SALE OF EXCESS CRY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on the disposition and sale of City-owned property, Tuesday,June 20,2017 at 6:00 p.m., in the Council Chamber of the City Hall Building (Building #1) at the Virginia Beach Municipal Center,Virginia Beach, Virginia.The property is located at 1428 Southern Boulevard (GPIN: 2417-14- 5405).The purpose of this hearing will be to obtain public input to determine whether this property should be declared"Excess of the City's needs". If you are physically disabled or visually Impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303;Hearing Impaired, call 1-800-828:1120 (Virginia Relay - Telephone Device for the Deaf). Any questions concerning this matter should be directed to the Office of Real Estate,Building#2,Room 392,at the Virginia Beach Municipal Center. The Real Estate Office telephone number is (757)385-4161. All interested parties are invited attend. Ruth Hodg r,MMC City Clerk BEACON:June 11,2017 ^� (iF 7j u s) t J `',;,..::::::,4 � ::e I PUBLIC HEARING LEASE OF CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on June 20,2017 at 6:00 p.m.in the Council Chamber,City Hall-Bldg.1,Virginia Beach Municipal Center. The purpose of this hearing will be to obtain public comment regarding the proposed lease of the following City- owned property to Dawley Family Farms,LLC: A 7+/-acre portion of GPINs: 1493- 43-2693 and 1493-43-0050 located at 2848 Indian River Road("School Farm")and A 45+/-acre portion of GPIN: 1494- 24-9673 located at 2400-2500 Tournament Drive("Ballfield Farm") If you are physically disabled or visually Impaired and need assistance at this meeting,please call the CITY CLERK'S OFFICE at 385-4303;hearing impaired call 711. Any questions concerning this matter should be directed to the Department of Public Works - Facilities Management Office, Room 228,Building 18, at the Virginia Beach Municipal Center-(757 385-5659. Ruth Hodge MC ity Clerk BEACON:June 11, 2017 J. ORDINANCES/RESOLUTIONS 1. Ordinances to AMEND the City Code: a. § 5-520, 5-521, 5-524, and 5-527 re dangerous and vicious dogs b. § 12-27 re authority of the Fire Chief, or other Officer in charge, during an emergency incident c. § 23-8 re calling Ambulance or Firefighting apparatus without cause and § 23-8.3 re reimbursement of expenses incurred in responding to emergencies d. § 35-136 and §143.1 re meal taxes re"off-premises consumption" e. § 35-169 to provide Short-Term Rental Registry and direction to the Commissioner of the Revenue in the collection of information from operators f. § 35-66 re Elderly and Disabled Tax Relief application extensions g. ADD § 18-108.1 re Church and Non-Profit fundraising activities 2. Ordinance to AMEND the City's Open Air Cafe Franchise Regulations 3. Ordinance to GRANT F & B, LLC. Franchise Agreements re Open Air Cafes in the Resort Area District 6—BEACH a. Connector Park Cafe b. Boardwalk Cafe 4. Ordinance to MODIFY the boundary of Hurd's Cove Neighborhood Dredging(SSD) and AUTHORIZE the REFUND of Levies—District 5, LYNNHAVEN 5. Ordinance to DECLARE EXCESS City Property at 1428 Southern Boulevard and AUTHORIZE the City Manager to sell same to Jon W. Dobbs - District 6, BEACH 6. Ordinance to AUTHORIZE execution of a Lease of City-owned farm land with Dawley Family Farms, LLC - District 7, PRINCESS ANNE: a. 2400-2500 Tournament Drive(Ballfield Farm) b. 2848 Indian River Road (School Farm) 7. Ordinance to APPOINT Viewers to view each streets or alleys proposed to be closed 8. Resolution OPPOSING offshore oil and gas exploration, including Seismic testing 9. Resolution to AMEND City Council Resolution 03612 to recoup certain expenses related to special events 10. Resolution to DIRECT the City Manager to undertake a traffic noise evaluation along Northampton Boulevard and report findings to the Virginia Department of Transportation(VDOT); and, if needed; the Commonwealth Transportation Board shall fund the noise abatement—District 4, BAYSIDE 11. Ordinances to ACCEPT, APPROPRIATE or TRANSFER: a. $336,375 from Sheriffs office Special Revenue Fund to their FY 2016-17 Operating Budget re leave payouts b. $150,000 to the Sheriffs office and AUTHORIZE expansion of the in-house Fresh Inmate Meals Program c. $25,000 State funds to Human Services for Opioid Prevention, Treatment and Recovery d. $26,760 State funds to Human Services for a Gap Analysis of Adult Outpatient Same Day Access e. $70,000 State funds to Human Services for Peer Support Services (Homelessness Transition) c „,, S w.y�y�� h o '�Jr CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: An Ordinance to Amend Sections 5-520, 5-521, 5-524, and 5-527 of the City Code Pertaining to Dangerous and Vicious Dogs MEETING DATE: June 20, 2017 • Background: Virginia Code § 3.2-6540 sets forth the definitions, procedures, and penalties related to the control of dangerous dogs. In its 2017 Session, the General Assembly amended Virginia Code Section 3.2-6540 to include an additional meaning for the term "dangerous dog” as it relates to canines or canine cross breeds that have harmed a person. The amendments also enable law-enforcement officers or animal control officers to exercise discretion in making Dangerous Dog complaints to a magistrate and decrease the amount of time for the owner of a dog determined by the Court to be a "dangerous dog" to register and comply with the requirements from forty- five (45) to thirty (30) days. City Code §§ 5-520, 5-521, 5-524, and 5-527 mirror Virginia Code § 3.2-6540. The proposed amendments to the City Code conform the city ordinances to the amendments to the state law. • Considerations: The proposed changes to City Code §§ 5-520, 5-521, 5-524, and 5-527 reflect the recent amendments to Virginia Code § 3.2-6540. This ordinance will be effective July 1, 2017, which is the effective date of the state law amendments. • Public Information: Public information will be provided through the normal Council agenda process. • Attachments: Ordinance Recommended Action: Approval Submitting De. - , , gency: Police Department LIP City Manager:Ilk, i '4"1416r; 1 AN ORDINANCE TO AMEND SECTIONS 5- 2 520, 5-521, 5-524, AND 5-527 OF THE CITY 3 CODE PERTAINING TO DANGEROUS AND 4 VICIOUS DOGS 5 6 SECTIONS AMENDED: §§ 5-520, 5-521, 5- 7 524, AND 5-527 8 9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 10 BEACH, VIRGINIA: 11 12 That sections 5-520, 5-521, 5-524, and 5-527 of the Code of the City of Virginia 13 Beach, Virginia, are hereby amended and ordained to read as follows: 14 15 Sec. 5-520. - Definitions, as used in this division. 16 17 (a) "Dangerous dog" means: 18 11 A canine or canine crossbreed that has bitten, attacked, or inflicted injury 19 on a person or companion animal that is a dog or cat7 or killed a 20 companion animal that is a dog or cat. A •- • - - -- - - . - - - 21 companion animal that is a dog or cat, the attacking or biting dog shall not 22 be deemed A canine or canine crossbreed is not a dangerous dog if, upon 23 investigation, a law-enforcement officer or animal control officer finds that; 24 (i) if—no serious physical injury as determined by a licensed veterinarian 25 has occurred to the dog or cat as a result of the attack or bite; (ii) if-both 26 animals are owned by the same person; or (iii) if—such attack occurs 27 occurred on the property of the attacking or biting dog's owner or 28 custodian; or(iv) for other good cause as determined by the court. 29 2,1 A canine or canine crossbreed that has bitten, attacked or inflicted injury 30 on a person. A canine or canine crossbreed is not a dangerous dog if, 31 upon investigation, a law-enforcement officer or animal control officer finds 32 that the injury inflicted by the canine or canine crossbreed upon a person 33 consists solely of a single nip or bite resulting only in a scratch, abrasion, 34 or other minor injury. 35 No dog shall be found to be a dangerous dog as a result of biting, attacking, or 36 inflicting injury on a dog or cat while engaged with an owner or custodian as part of 37 lawful hunting or participating in an organized, lawful dog handling event. No dog 38 shall be found to be a dangerous dog if the court determines, based upon the totality 39 of the evidence before it, or for other good cause, that the dog is not dangerous or a 40 threat to the community. 41 (b) "Vicious dog" means a canine or canine crossbreed that has: (i) killed a person; (ii) 42 inflicted serious injury to a person, serious disfigurement, serious impairment of 43 health, or serious impairment of a bodily function; or (iii) continued to exhibit the 44 behavior that resulted in a previous finding by a court or, on or before July 1, 2006, 45 by an animal control officer as authorized by ordinance, that it is a dangerous dog, 46 provided that its owner has been given notice of that finding. 47 (c) "Serious injury" means an injury having a reasonable potential to cause death or any 48 injury other than a sprain or strain, including serious disfigurement, serious 49 impairment of health, or serious impairment of bodily function and requiring 50 significant medical attention. 51 Sec. 5-521. - Enforcement procedures—Dangerous dogs. 52 53 (a) Any law enforcement officer or animal control officer who has reason to believe that 54 a canine or canine crossbreed within the city is a dangerous dog shall may apply to 55 a magistrate for the issuance of a summons requiring the owner or custodian, if 56 known, to appear before the general district court at a specified time. The summons 57 shall advise the owner of the nature of the proceeding and the matters at issue. If a 58 law-enforcement officer successfully makes an application for the issuance of a 59 summons, he shall contact the bureau of animal control and inform them of the 60 location of the dog and the relevant facts pertaining to his belief that the dog is 61 dangerous. 62 (b) An animal control officer shall confine the animal until such time as evidence shall 63 be heard and a verdict rendered. If the animal control officer determines that the 64 owner or custodian can confine the animal in a manner that protects the public 65 safety, he may permit the owner or custodian to confine the animal until such time 66 as evidence shall be heard and a verdict rendered. However, whenever an owner or 67 custodian of an animal found to be a dangerous dog is charged with a violation of 68 sections 5-524, 5-525, or 5-526, the animal control officer shall confine the 69 dangerous dog until such time as evidence shall be heard and a verdict rendered. 70 The court, through its contempt powers, may compel the owner, custodian or 71 harborer of the animal to produce the animal. 72 (c) If, after hearing the evidence, the court finds that the animal is a dangerous dog, the 73 court shall order the animal's owner to comply with the provisions of this section. 74 The court, upon finding the animal to be a dangerous dog, may order the owner, 75 custodian, or harborer thereof to pay restitution for actual damages to any person 76 inured by the animal or whose companion animal was injured or killed by the 77 animal. The court, in its discretion, may also order the owner to pay all reasonable 78 expenses incurred in caring and providing for such dangerous dog from the time the 79 animal is taken into custody until such time as the animal is disposed of or returned 80 to the owner. The procedure for appeal and trial shall be the same as provided by 81 law for misdemeanors. Trial by jury shall be as provided in the Code of Virginia, 82 Article 4 (§ 19.2-260 et seq.) of Chapter 15 of Title 19.2. The Commonwealth shall 83 be required to prove its case beyond a reasonable doubt. 84 Sec. 5-524. - Registration procedures—Dangerous dogs. 85 86 (a) The owner of any animal found to be a dangerous dog shall, within forty five (45) 87 thirty (30) days of such finding, obtain a dangerous dog registration certificate from 88 the bureau of animal control for a fee of one hundred and fifty dollars ($150.00), in 89 addition to other fees that may be authorized by law. The bureau of animal control 90 shall also provide the owner with a uniformly designed tag that identifies the animal 91 as a dangerous dog. The owner shall affix the tag to the animal's collar and ensure 92 that the animal wears the collar and tag at all times. By January 31 of each year, 93 until such time as the dangerous dog is deceased, all certificates obtained pursuant 94 to this subsection shall be updated and renewed for a fee of eighty-five dollars 95 ($85.00) and in the same manner as the initial certificate was obtained. The animal 96 control officer shall post registration information on the Virginia Dangerous Dog 97 Registry. 98 (b) All dangerous dog registration certificates or renewals thereof required to be 99 obtained under this section shall only be issued to persons eighteen (18) years of 100 age or older who present satisfactory evidence: (i) of the animal's current rabies 101 vaccination, if applicable; (ii) that the animal has been neutered or spayed; and (iii) 102 that the animal is and will be confined in a proper enclosure or is and will be 103 confined inside the owner's residence or is and will be muzzled and confined in the 104 owner's fenced-in yard until the proper enclosure is constructed. In addition, owners 105 who apply for certificates or renewals thereof under this section shall not be issued 106 a certificate or renewal thereof unless they present satisfactory evidence that: (i) 107 their residence is and will continue to be posted with clearly visible signs warning 108 both minors and adults of the presence of a dangerous dog on the property; and (ii) 109 the animal has been permanently identified by means of electronic implantation. All 110 certificates or renewals thereof required to be obtained under this section shall only 111 be issued to persons who present satisfactory evidence that the owner has liability 112 insurance coverage, of at least one hundred thousand dollars ($100,000.00), that 113 covers animal bites. The owner may obtain and maintain a bond in surety, in lieu of 114 liability insurance, to the value of at least one hundred thousand dollars 115 ($100,000.00). 116 (c) The owner shall cause the Bureau of Animal Control to be promptly notified of: (i) 117 the names, addresses, and telephone numbers of all owners; (ii) all of the means 118 necessary to locate the owner and the dog at any time; (iii) any complaints or 119 incidents of attack by the dog upon any person or cat or dog; (iv) any claims made 120 or lawsuits brought as a result of any attack; (v) chip identification information; (vi) 121 proof of insurance or surety bond; and (vii) the death of the dog. 122 (d) All fees collected pursuant to this section, less the costs incurred for producing and 123 distributing the certificates and tags, and less the fees due to the State Veterinarian 124 for maintenance of the Virginia Dangerous Dog Registry, shall be paid into a fund 125 for the purpose of paying the expenses of training courses required under Code of 126 Virginia § 3.2-6556. 127 Sec. 5-527. - Penalty—Dangerous dogs. 128 129 (a) The owner of any animal that has been found to be a dangerous dog who willfully 130 fails to comply with the requirements of this division is guilty of a Class 1 131 misdemeanor. 132 (b) Any owner or custodian of a canine or canine crossbreed or other animal is guilty of 133 a: 134 (1) Class 2 misdemeanor if the canine or canine crossbreed previously declared a 135 dangerous dog pursuant to this division, when such declaration arose out of a 136 separate and distinct incident, attacks and injures or kills a cat or dog that is a 137 companion animal belonging to another person; or 138 (2) Class 1 misdemeanor if the canine or canine crossbreed previously declared a 139 dangerous dog pursuant to this division, when such declaration arose out of a 140 separate and distinct incident, bites a human being or attacks a human being 141 causing bodily injury. 142 (c) Upon conviction, the court may (i) order the dangerous dog to be disposed of 143 pursuant to Code of Virginia § 3.2-6562 or (ii) grant the owner up to 45 thirty (30) 144 days to comply with the requirements of this section, during which time the 145 dangerous dog shall remain in the custody of the animal control officer until 146 compliance has been verified. If the owner fails to achieve compliance within the 147 time specified by the court, the court shall order the dangerous dog to be disposed 148 of pursuant to Code of Virginia § 3.2-6562. The court, in its discretion, may order 149 the owner to pay all reasonable expenses incurred in caring and providing for such 150 dangerous dog from the time the animal is taken into custody until such time that 151 the animal is disposed of or returned to the owner. 152 153 This ordinance is effective July 1, 2017. 154 155 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 156 day of , 2017. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: J Chief James Cervera Elizab Bradley DeJar tte Police Department City A orney's Office CA14084 R-2 June 12, 2017 VIRGINIA ACTS OF ASSEMBLY -- 2017 SESSION CHAPTER 396 An Act to amend and reenact§3.2-6540 of the Code of Virginia, relating to dangerous dogs. [H 2381] Approved March 13, 2017 Be it enacted by the General Assembly of Virginia: 1. That §3.2-6540 of the Code of Virginia is amended and reenacted as follows: §3.2-6540. Control of dangerous dogs; penalties. A. As used in this section:- "Dangerous ection:"Dangerous dog" means a, "dangerous dog" means: 1. A canine or canine crossbreed that has bitten, attacked, or inflicted injury on a person OF companion animal that is a dog or cat, or killed a companion animal that is a dog or cat. When a deg attacks OF bites a companion animal that is a deg OF cat, the attacking OF biting deg shall net be deemed A canine or canine crossbreed is not a dangerous dog if, upon investigation, a law-enforcement officer or animal control officer finds that (i) if no serious physical injury, as determined by a licensed veterinarian, has occurred to the dog or cat as a result of the attack or bite; (ii) i-f both animals are owned by the same person; or (iii) if such attack occurs occurred on the property of the attacking or biting dog's owner or custodian; or (iv) far ether geed eanse as determined by the court 2. A canine or canine crossbreed that has bitten, attacked, or inflicted injury on a person. A canine or canine crossbreed is not a dangerous dog if, upon investigation, a law-enforcement officer or animal control officer finds that the injury inflicted by the canine or canine crossbreed upon a person consists solely of a single nip or bite resulting only in a scratch, abrasion, or other minor injury. B. No dog shall be found to be a dangerous dog as a result of biting, attacking, or inflicting injury on a dog or cat while engaged with an owner or custodian as part of lawful hunting or participating in an organized, lawful dog handling event. No dog that has bitten, attacked, OF inflicted injary en a person shall be found to be a dangerous dog if the court determines, based on the totality of the evidence before it, or for other good cause, that the dog is not dangerous or a threat to the community. 13 C. Any law-enforcement officer or animal control officer who has reason to believe that a canine or canine crossbreed within his jurisdiction is a dangerous dog shall may apply to a magistrate serving the jurisdiction for the issuance of a summons requiring the owner or custodian, if known, to appear before a general district court at a specified time. The summons shall advise the owner of the nature of the proceeding and the matters at issue. If a law-enforcement officer successfully makes an application for the issuance of a summons, he shall contact the local animal control officer and inform him of the location of the dog and the relevant facts pertaining to his belief that the dog is dangerous. The animal control officer shall confine the animal until such time as evidence shall be heard and a verdict rendered. If the animal control officer determines that the owner or custodian can confine the animal in a manner that protects the public safety, he may permit the owner or custodian to confine the animal until such time as evidence shall be heard and a verdict rendered. The court, through its contempt powers, may compel the owner, custodian, or harborer of the animal to produce the animal. If, after hearing the evidence, the court finds that the animal is a dangerous dog, the court shall order the animal's owner to comply with the provisions of this section. The court, upon finding the animal to be a dangerous dog, may order the owner, custodian, or harborer thereof to pay restitution for actual damages to any person injured by the animal or whose companion animal was injured or killed by the animal. The court, in its discretion, may also order the owner to pay all reasonable expenses incurred in caring and providing for such dangerous dog from the time the animal is taken into custody until such time as the animal is disposed of or returned to the owner. The procedure for appeal and trial shall be the same as provided by law for misdemeanors. Trial by jury shall be as provided in Article 4 (§ 19.2-260 et seq.) of Chapter 15 of Title 19.2. The Commonwealth shall be required to prove its case beyond a reasonable doubt. D. No canine or canine crossbreed shall be found to be a dangerous dog solely because it is a particular breed, nor is the ownership of a particular breed of canine or canine crossbreed prohibited. E. No animal shall be found to be a dangerous dog if the threat, injury, or damage was sustained by a person who was (i) committing, at the time, a crime upon the premises occupied by the animal's owner or custodian; (ii) committing, at the time, a willful trespass upon the premises occupied by the animal's owner or custodian; or (iii) provoking, tormenting, or physically abusing the animal, or can be shown to have repeatedly provoked, tormented, abused, or assaulted the animal at other times. No police dog that was engaged in the performance of its duties as such at the time of the acts complained of shall be found to be a dangerous dog. No animal that, at the time of the acts complained of, was responding to pain or injury, or was protecting itself, its kennel, its offspring, a person, or its owner's or 2 of 3 custodian's property, shall be found to be a dangerous dog. D F. If the owner of an animal found to be a dangerous dog is a minor, the custodial parent or legal guardian shall be responsible for complying with all requirements of this section. Er G. The owner of any animal found to be a dangerous dog shall, within 44 30 days of such finding, obtain a dangerous dog registration certificate from the local animal control officer or treasurer for a fee of $150, in addition to other fees that may be authorized by law. The local animal control officer or treasurer shall also provide the owner with a uniformly designed tag that identifies the animal as a dangerous dog. The owner shall affix the tag to the animal's collar and ensure that the animal wears the collar and tag at all times. By January 31 of each year, until such time as the dangerous dog is deceased, all certificates obtained pursuant to this subsection shall be updated and renewed for a fee of $85 and in the same manner as the initial certificate was obtained. The animal control officer shall post registration information on the Virginia Dangerous Dog Registry. FH. All dangerous dog registration certificates or renewals thereof required to be obtained under this section shall only be issued to persons 18 years of age or older who present satisfactory evidence (i) of the animal's current rabies vaccination, if applicable; (ii) that the animal has been neutered or spayed; and (iii) that the animal is and will be confined in a proper enclosure or is and will be confined inside the owner's residence or is and will be muzzled and confined in the owner's fenced-in yard until the proper enclosure is constructed. In addition, owners who apply for certificates or renewals thereof under this section shall not be issued a certificate or renewal thereof unless they present satisfactory evidence that (a) their residence is and will continue to be posted with clearly visible signs warning both minors and adults of the presence of a dangerous dog on the property and (b) the animal has been permanently identified by means of electronic implantation. All certificates or renewals thereof required to be obtained under this section shall only be issued to persons who present satisfactory evidence that the owner has liability insurance coverage, to the value of at least $100,000, that covers animal bites. The owner may obtain and maintain a bond in surety, in lieu of liability insurance, to the value of at least $100,000. f I. While on the property of its owner, an animal found to be a dangerous dog shall be confined indoors or in a securely enclosed and locked structure of sufficient height and design to prevent its escape or direct contact with or entry by minors, adults, or other animals. While so confined within the structure, the animal shall be provided for according to § 3.2-6503. When off its owner's property, an animal found to be a dangerous dog shall be kept on a leash and muzzled in such a manner as not to cause injury to the animal or interfere with the animal's vision or respiration, but so as to prevent it from biting a person or another animal. 1+ J. The owner shall cause the local animal control officer to be promptly notified of(i) the names, addresses, and telephone numbers of all owners; (ii) all of the means necessary to locate the owner and the dog at any time; (iii) any complaints or incidents of attack by the dog upon any person or cat or dog; (iv) any claims made or lawsuits brought as a result of any attack; (v) chip identification information; (vi) proof of insurance or surety bond; and (vii) the death of the dog. 1^ K After an animal has been found to be a dangerous dog, the animal's owner shall immediately, upon learning of same, cause the local animal control authority to be notified if the animal (i) is loose or unconfined; (ii) bites a person or attacks another animal; or (iii) is sold, is given away, or dies. Any owner of a dangerous dog who relocates to a new address shall, within 10 days of relocating, provide written notice to the appropriate local animal control authority for the old address from which the animal has moved and the new address to which the animal has been moved. L. Any owner or custodian of a canine or canine crossbreed or other animal is guilty of a: 1. Class 2 misdemeanor if the canine or canine crossbreed previously declared a dangerous dog pursuant to this section, when such declaration arose out of a separate and distinct incident, attacks and injures or kills a cat or dog that is a companion animal belonging to another person; 2. Class 1 misdemeanor if the canine or canine crossbreed previously declared a dangerous dog pursuant to this section, when such declaration arose out of a separate and distinct incident, bites a human being or attacks a human being causing bodily injury; or 3. Class 6 felony if any owner or custodian whose willful act or omission in the care, control, or containment of a canine, canine crossbreed, or other animal is so gross, wanton, and culpable as to show a reckless disregard for human life, and is the proximate cause of such dog or other animal attacking and causing serious bodily injury to any person. The provisions of this subsection shall not apply to any animal that, at the time of the acts complained of, was responding to pain or injury, or was protecting itself, its kennel, its offspring, a person, or its owner's or custodian's property, or when the animal is a police dog that is engaged in the performance of its duties at the time of the attack. I M. The owner of any animal that has been found to be a dangerous dog who willfully fails to comply with the requirements of this section is guilty of a Class 1 misdemeanor. Whenever an owner or custodian of an animal found to be a dangerous dog is charged with a violation of this section, the animal control officer shall confine the dangerous dog until such time as evidence shall be heard and a verdict rendered. The court, through its contempt powers, may compel the 3 of 3 owner, custodian, or harborer of the animal to produce the animal. Upon conviction, the court may (i) order the dangerous dog to be disposed of by a local governing body pursuant to § 3.2-6562 or (ii) grant the owner up to 45 30 days to comply with the requirements of this section, during which time the dangerous dog shall remain in the custody of the animal control officer until compliance has been verified. If the owner fails to achieve compliance within the time specified by the court, the court shall order the dangerous dog to be disposed of by a local governing body pursuant to § 3.2-6562. The court, in its discretion, may order the owner to pay all reasonable expenses incurred in caring and providing for such dangerous dog from the time the animal is taken into custody until such time that the animal is disposed of or returned to the owner. IT N. All fees collected pursuant to this section, less the costs incurred by the animal control authority in producing and distributing the certificates and tags required by this section and fees due to the State Veterinarian for maintenance of the Virginia Dangerous Dog Registry, shall be paid into a special dedicated fund in the treasury of the locality for the purpose of paying the expenses of any training course required under § 3.2-6556. M 0. The governing body of any locality may enact an ordinance parallel to this statute regulating dangerous dogs. No locality may impose a felony penalty for violation of such ordinances. f csff,tz.";,,,, �,ttti k . ,y... ,, i``ri,i' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Section 12-27 of the City Code Pertaining to the Authority of the Fire Chief or Other Officer in Charge of an Emergency Incident MEETING DATE: June 20, 2017 • Background: Virginia Code § 27-15.1 provides that the chief or other officer in charge of a fire department or fire company in the process of answering an alarm where there is imminent danger or the actual occurrence of a fire, explosion, or the uncontrolled release of hazardous materials shall have the authority to maintain order at the emergency incident or vicinity. The General Assembly has amended that state law to provide that the area of the emergency incident or vicinity over which the chief has authority includes the immediate airspace above that area. City Code § 12-27 mirrors Virginia Code § 27-15.1. The proposed amendment conforms the city ordinance to the amended state law. • Considerations: The proposed change to City Code Section 12-27 will reflect the recent amendment to Virginia Code Section 27-15.1. This ordinance will be effective July 1, 2017, which is the effective date of the state law amendments. • Public Information: Public information will be provided through the normal Council agenda process. • Attachments: Ordinance Recommended Action: Approval Submitting Dep. t - i . gency: Fire Departmen City Manager: 4k 1 AN ORDINANCE TO AMEND SECTION 12-27 2 OF THE CITY CODE PERTAINING TO THE 3 AUTHORITY OF FIRE CHIEF OR OTHER 4 OFFICER IN CHARGE OF EMERGENCY 5 INCIDENT 6 7 SECTION AMENDED: § 12-27 8 9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 10 BEACH, VIRGINIA: 11 12 That Section 12-27 of the Code of the City of Virginia Beach, Virginia, is hereby 13 amended and ordained to read as follows: 14 15 Sec. 12-27. - Authority of chief or other officer in charge when answering alarm or 16 extinguishing fire. 17 18 (a) While the fire department or any volunteer fire company in the city is in the process 19 of answering an alarm of fire or operating at an emergency incident where there is 20 imminent danger or the actual occurrence of fire or explosion or the uncontrolled 21 release of hazardous materials which threaten life or property and returning to the 22 station, the fire chief or other officer in charge of such department or company at 23 that time shall have the authority to maintain order at the emergency incident or its 24 vicinity, including the immediate airspace, direct the actions of the firefighters at the 25 incident, keep bystanders or other persons at a safe distance from the incident and 26 emergency equipment, facilitate the speedy movement and operation of emergency 27 equipment and firefighters, cause an investigation to be made of the origin and 28 cause of the incident and, until the arrival of a police officer, direct and control 29 traffic, in person or by deputy, and facilitate the movement of traffic. The fire chief or 30 other officer in charge shall display his firefighter's badge or other proper 31 identification. Notwithstanding any other provision of law, this authority shall extend 32 to the activation of traffic-control signals designated to facilitate the safe egress and 33 ingress of emergency equipment at a fire station. 34 (b) Any person refusing to obey the orders of the fire chief or his deputies or other 35 officer in charge at the time, given pursuant to this section, shall be guilty of a Class 36 4 misdemeanor. The fire chief or other officer in charge shall have the power to 37 make arrests for violation of the provisions of this section. 38 The effective date of this ordinance is July 1, 2017. 39 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 40 day of , 2017. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 6-7Ve '/40 Chief David W. Hutcheson Elizau Bradley DeJ ette Fire Department City '7 orney's Office CA14083 R-1 June 8, 2017 eic---,:m*;.,, � z� ., 44 r , CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Section 23-8 of the City Code Pertaining to Calling Ambulance or Firefighting Apparatus Without Cause and Section 23-8.3 Pertaining to Reimbursement of Expenses Incurred in Responding to Emergencies MEETING DATE: June 20, 2017 • Background: Virginia Code § 18.2-212 makes it a Class 1 misdemeanor to call or summons emergency medical services vehicles or firefighting services without just cause or to maliciously activate a fire alarm in a building. The General Assembly, in its 2017 Session, amended that law to remove various requirements for the types of buildings subject to this prohibition. City Code § 23-8 mirrors Virginia Code § 18.2-212. This proposed amendment to City Code § 23-8 conforms the city ordinance to the amended state law. Virginia Code § 15.2-1716.1 gives localities the authority to enact an ordinance to provide for reimbursement of expenses incurred in responding to a terrorism hoax incident. The General Assembly amended this code section to increase the maximum amount of liability to the City or volunteer rescue squad providing the emergency response from one thousand dollars ($1,000) to two thousand five hundred dollars ($2,500). City Code § 23-8.3 was enacted based upon the authority given to localities by Virginia Code § 15.2-1716.1. This proposed amendment to the City Code conforms the city ordinance to the amended state law. • Considerations: The proposed changes to City Code Sections 23-8 and 23-8.3 reflect the recent amendments to Virginia Code Sections 18.2-212 and 15.2-1716.1. This ordinance will be effective July 1, 2017, which is the effective date of the state law amendments. • Public Information: Public information will be provided through the normal Council agenda process. • Attachments: Ordinance Recommended Action: Approval Submitting Dep. i i t/A. -ncy: Fire Department ) City Manager: I\ 1 AN ORDINANCE TO AMEND SECTION 23-8 2 OF THE CITY CODE PERTAINING TO 3 CALLING AMBULANCE OR FIREFIGHTING 4 APPARATUS WITHOUT CAUSE AND 5 SECTION 23-8.3 OF THE CITY CODE 6 PERTAINING TO REIMBURSEMENT OF 7 EXPENSES 8 9 SECTIONS AMENDED: §§ 23-8 and 23-8.3 10 11 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 12 BEACH, VIRGINIA: 13 14 That Sections 23-8 and 23-8.3 of the Code of the City of Virginia Beach, Virginia, 15 are hereby amended and ordained to read as follows: 16 17 Sec. 23-8. - Calling ambulance or firefighting apparatus without cause; malicious 18 activation of fire alarm in public building. 19 20 Any person who, without just cause therefor, calls or summons, by telephone or 21 otherwise, any ambulance or firefighting apparatus, or any person who maliciously 22 activates a manual or automatic fire alarm in any building 23 for other public use including, but not limited to, schools, theaters, stores, office 24 e -' e.'. , _ _ e•' : -• ' - - _ _ - , -_ • . - _ - - • _ , regardless of whether fire 25 apparatus respond or not, shall be guilty of a Class 1 misdemeanor. 26 . . . . 27 28 Sec. 23-8.3. - Reimbursement of expenses incurred in responding to terrorism 29 hoax incident. 30 Any person who is convicted of a violation of Virginia Code § 18.2-46.6 subsection B or 31 C when his violation of such section is the proximate cause of any incident resulting in 32 an appropriate emergency response, shall be liable at the time of sentencing or in a 33 separate civil action, to the city, to any volunteer rescue squad, or both, which may 34 provide such emergency response for the reasonable expense thereof, in an amount 35 not to exceed one thousand two thousand five hundred dollars ($4,000,09) ($2,500.00) 36 in the aggregate for a particular incident occurring in the city. In determining the 37 "reasonable expense," the city may bill a flat fee of two hundred fifty dollars ($250.00) or 38 a minute-by-minute accounting of the actual costs incurred. As used in this section, 39 "appropriate emergency response" includes all costs of providing law-enforcement, fire- 40 fighting, rescue and emergency medical services. The provisions of this section shall 41 not preempt or limit any remedy available to the commonwealth, to the city or to any 42 volunteer rescue squad to recover the reasonable expenses of an emergency response 43 to an incident not involving a terroristic hoax as set forth herein. 44 The effective date of this ordinance is July 1, 2017. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2017. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 411 (1/t/ r/ aivytait Chief David W. Hutcheson Eliza•I•th Bra ley DeJ nette Fire Department City 7 orney's Office CA14063 R-3 June 12, 2017 [ ibirilf1 ,41, 4' ) (%' 1 '-::::13.5-,- CITY 3.ti-,JCITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Sections 35-136 and 143.1 of the City Code Pertaining to Meals Taxes MEETING DATE: June 20, 2017 • Background: The City assesses and collects meals taxes subject to restrictions set forth in the Virginia Code. The Commissioner of the Revenue has consistently applied the meals taxes upon beverages for immediate consumption offered by a brewery, distillery, or winery. The Virginia Code exempts from meals taxes "alcoholic beverages sold in factory sealed containers and purchased for off-premises consumption." In September 2016, the Virginia Attorney General issued an opinion concluding the exemption applies to sealed growlers sold at the place of manufacture, which is a brewery for beer manufacturing, provided that it is sold for off-premises consumption. As of the most recent month of collection, all breweries, distilleries, and wineries are current in remitting meals taxes. • Considerations: The attached ordinance amends the code to make clear that the meals tax applies to beverages for immediate consumption offered by a brewery, distillery, or winery. The ordinance also makes a technical amendment to address officers of a limited liability company in subsection (b) of Section 35-143.1. This section references to such officers in two other places, and the amendment makes the text consistent in all three subsections. • Public Information: Public information will be provided through the normal Council agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval 11 Submitting De• - ' ency: Commissioner of the Revenue(k..._ City Manager: A I�,- 1 AN ORDINANCE TO AMEND SECTIONS 35-136 2 AND 143.1 OF THE CITY CODE PERTAINING TO 3 MEALS TAXES 4 5 Sections Amended: §§ 35-136 and 35-143.1 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA THAT: 9 10 1. That Sections 35-136 and 35-143.1 of the Code of the City of Virginia Beach, 11 Virginia, is hereby amended and reordained as follows: 12 13 Sec. 35-136. - Definitions. 14 15 .... 16 17 Food establishment means any place in or from which food or food products are 18 prepared, packaged, sold or distributed in the city, including, but not limited to, any 19 restaurant, dining room, grill, coffee shop, cafeteria, café, snack bar, lunch counter, 20 movie theater, delicatessen, confectionery, bakery, eating house, eatery, drugstore, ice 21 cream or yogurt shop, lunch wagon or truck, pushcart or other mobile facility from which 22 food is sold, public or private club, resort, bar, brewery, winery, distillery, lounge, or 23 other similar establishment, public or private. The term "food establishment" shall 24 include private property outside of and contiguous to a building or structure operated as 25 a food establishment at which food is sold for immediate consumption. 26 27 .... 28 29 Sec. 35-143.1. - Willful failure to file returns or collect or truthfully account for tax. 30 31 (a) Any corporate, partnership or limited liability company officer who willfully fails to 32 pay, collect, or truthfully account for and pay over the tax imposed under this article, or 33 willfully attempts in any manner to evade or defeat any such tax or the payment thereof, 34 shall, in addition to other penalties imposed by law, be liable for a penalty of the amount 35 of tax evaded or not paid, collected, or accounted for and paid over, to be assessed and 36 collected in the same manner as such taxes are assessed and collected. 37 38 (b) Any corporate,. or partnership or limited liability company officer as defined in this 39 section, or any other person required to collect, account for, or pay over the tax imposed 40 under this article, who willfully fails to collect or truthfully account for such tax, or who 41 willfully evades, or attempts to evade such tax, shall, in addition to any other penalties 42 imposed by law, be guilty of a Class 1 misdemeanor. 43 44 (c) The term "corporate, partnership or limited liability company officer" as used in this 45 section means an officer or employee of a corporation, a member or employee of a 46 partnership or a member, manager or employee of a limited liability company who, as 47 such officer, employee, member or manager, is under a duty to perform on behalf of the 48 corporation, partnership or limited liability company the act in respect of which the 49 violation occurs and who (i) had actual knowledge of the failure or attempt as set forth 50 herein, and (ii) had authority to prevent such failure or attempt. 51 52 2. That this ordinance is declarative of existing law. 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: 01 - ... Il ommissi•111 f Revenue Ci v - or 's ice CA13765 R-1 June 1, 2017 f0.".: `.9cT a ; ', x51 `4R wvrr CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Section 35-169 of the City Code to Provide a Short- Term Rental Registry and to Provide Direction to the Commissioner of the Revenue in Collection of Information from Operators MEETING DATE: June 20, 2017 • Background: In August of 2016, the City Council added Section 35-169 to the City Code to require registration of persons holding out homes for rental to transients. In 2016, the Council appointed an Ad Hoc Committee to study short term rentals. The Committee made recommendations and a presentation to the City Council in November 2016. The General Assembly, during its 2017 Session, adopted legislation authorizing a local short-term rental registry (2017 Acts of Assembly c. 741). This legislation requires revisions to the registration text adopted by the City Council. Most notably, the registry legislation has a lower fine than what the Council previously adopted, so aligning the fine with State law is required before July 1. The State registry legislation exempts from registration properties that utilize a licensed real estate management company, so many of the properties that are seasonal rentals will not be required to register. The 2017 Legislation does not address land use controls or quiet enjoyment concerns. As discussed at the May 23, 2017 briefing to the Council, these concerns will be the subject of a future Council action. However, the proposed ordinance does include direction to the Commissioner of the Revenue to request information, including a contact person for complaints registered to the City's 311 Service. The Commissioner will forward this information to the Planning Commission to assist in the land use discussion. • Considerations: This ordinance amends the City Code registration of short- term rentals to align with State law. The ordinance also directs the collection of information from operators of short-term rentals to allow timely response to calls or complaints received by the City's 311 Service. • Public Information: Public information will be provided through the normal Council agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Act= Approval Submitting D part 1 - ' •ency: Commissioner of the Revenue City Manager 1`4;: 1 AN ORDINANCE TO AMEND SECTION 35-169 OF THE 2 CITY CODE TO PROVIDE A SHORT-TERM RENTAL 3 REGISTRY AND TO PROVIDE DIRECTION TO THE 4 COMMISSIONER OF THE REVENUE IN THE 5 COLLECTION OF INFORMATION FROM OPERATORS 6 7 SECTION AMENDED: § 35-169 8 9 WHEREAS, Chapter 741 of the 2017 Acts of Assembly requires reworking the 10 registration requirements for certain short-term rental activities within the City; 11 12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 13 VIRGINIA BEACH, VIRGINIA: 14 15 1. That Section 35-169 is hereby amended and reordained to read as follows: 16 17 Section 35-169. Short-Term Rental Registry 18 - • - - •- - - - - - - - - - - - -- - - - - . 19 20 For purposes of this section only: 21 1. "Operator" means the proprietor of any dwelling, lodging, or sleeping 22 accommodations offered as a short-term rental, whether in the capacity of 23 owner, lessee, sublessee, mortgagee in possession, license, or any other 24 possessory capacity; 25 2. "Short-term rental" means the provision of a room or space that is suitable 26 or intended for occupancy for dwelling, sleeping, or lodging purposes, for 27 a period of fewer than 30 consecutive days, in exchange for a charge for 28 the occupancy. 29 30 An operator of a short-term rental is required to register with the commissioner of the 31 revenue annually. The registration shall be ministerial in nature and shall require 32 operators to provide the complete name of the operator and the address of each 33 property in the City offered for short-term rental by the operator. 34 35 For purposes of defraying the costs of establishing and maintaining the registry set 36 forth in subsection (b), the commissioner of the revenue shall collect a fee of fifty 37 dollars ($50.00). The commissioner of the revenue shall track the costs associated 38 with establishing and maintaining the registry, and through the annual budget 39 process, the commissioner may request the fee be adiusted to reflect such actual 40 costs. 41 42 Registration is not required if the operator or short-term rental is exempted from 43 registration by § 15.2-983(6)(2) of the Code of Virginia. 44 45 The penalty for offering a property for short-term rental that is not registered in 46 accordance with this section shall be a penal fine of five hundred dollars ($500.00) 47 per violation. Each day a property is offered for short-term rental that is not 48 registered in accordance with this section is a separate violation. 49 50 Unless and until an operator pays a penalty authorized by this section and registers 51 such property, the operator may not offer such property for short-term rental. 52 53 Upon repeated violations of this section as it relates to a specific property, an 54 operator may be prohibited from registering and offering that property for short-term 55 rental. Notice of such prohibition shall be sent to the specific property, and a copy 56 may be provided to an alternate address if the commissioner believes such alternate 57 address is the residence of the operator. The notice of prohibition is effective on the 58 date received or three business days after mailing by the commissioner of the 59 revenue, whichever is sooner. 60 61 )An operator may be prohibited from offering a specific property for short-term rental 62 in the City upon conviction of three or more violations of one or more state or local 63 laws, ordinances, or regulations that relate to the short-term rental. The notice of 64 prohibition shall be sent in the same manner as the notice described in subsection g. 65 66 - A eee - - - - - - - - - e • - - :: e•- e e - • •- • _ • . . .! - - - 67 68 - - - - - - - - - - - - - - - - - 69 article. For lodging places that arc registered for remittance of transient occupancy 7071 72 73 _ A :: e•- : - - - - - - - - e • - - - - - - - - - -- - -- - • - 74 corporate surety to insure faithful performance of the duties to the city as to ansient 75 occupancy taxes collected and held in trust for the city upon the occurrence of either 76 77 78 1. The failure to register such business with the commissioner for collection and 79 - - - - - - 80 2. The failure to remit transient occupancy taxes as required by this article. 81 82 (c) The bond, including the corporate surety thereon, required by subsection (b), shall 83 _ - _ _ •• _ _ .. -- - - - - - - - - - -- - - 84 - - - - - - - - - - - ,ee! .. • e - - - - - - ' e - - - 85 anniversary of the requirement to obtain such bond. 86 88 credit in lieu of the bond required by this section, provided that the letter or bond 89 - - - - - - - - - - 90 91 (e) A lodging place or other place offering lodging to transients that fails, after 30 days 92 - e e e .. e - - - - -' - •• - • eee . • - e- ee - . _ _ .. - ---- • - 93 e - - - - - - e- _ e•-_ e - e- - - - e - - - - - - - - - It! 94 - - - - - - - - - - - - - - ' - - - - -- - - - -.. 95 transient occupancy taxes provided by this article or the Code of Virginia. For 96 purposes of the 30 days set forth in this subsection, such notice is effective on the 97 date received or three business days after mailing by the commiscionor of the 98 revenue, whichever is sooner. 99 100 - - __ . .. _ - _ _ - • - - - - - - - - - - - - - - - - - - -101 102 - - - - - -- - - - - - - - - - - - _ • - - - _ 103 obtain a bond. 104 105 _ .. - - - - - e - - . - _ _ _ - - - -- - - -- . .. •_ -106 107 and provided such determination is set forth in writing. No such extension may 108 exceed thirty days. 109 110 2. The Commissioner of the Revenue is directed to request contact information from 111 each operator of a short-term rental that includes a person or agent designated to 112 respond to calls or complaints received by the City's 311 Service. Such person or 113 agent should be able to respond to such calls by providing in-person assistance and 114 remediation within 30 minutes of such call for service or assistance. 115 116 3. The Commissioner of the Revenue shall monthly report to the Department of 117 Planning the registry information and a list of those operators of a short-term rental 118 that decline to provide the information described in Section 2. The Department of 119 Planning shall provide such information to the Planning Commission to assist in the 120 development of appropriate land use controls for short-term rentals. 121 122 4. The effective date of this ordinance is July 1, 2017. 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: La ," 01! Commissioner o th enue City A - ey'- 0 ic- CA14054 R-3 June 8, 2017 40:, fir# y'fi; !, w CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Section 35-66 of the City Code Regarding Elderly and Disabled Tax Relief Application Extensions MEETING DATE: June 20, 2017 • Background: State law provides the local government discretion in setting application deadlines for tax relief for elderly and disabled persons. The current process allows applications between January 1 and June 30 for the year preceding the tax year for which relief is sought. The City Code allows late filings until July 31 for first- time applicants or if the failure to grant the relief would create an extreme hardship for the applicant. When the City Council authorized the exclusion of reverse mortgage payments from the income calculation, it also allowed the Commissioner of the Revenue to process late applications. In processing late applications, the Commissioner became aware of the need to also allow late applications for persons that may have experienced a medical emergency or have other impediments that require flexibility with the application deadline. On August 14, 2012, the City Council designated the Commissioner of the Revenue as the administrative agent for the City Manager for the tax relief program. This designation is set forth in Section 35-63 of the City Code. Accordingly, the attached ordinance refers to the City Manager. This approach is consistent throughout the applicable sections of the City Code discussing the tax relief program. • Considerations: The attached ordinance allows the Commissioner of the Revenue to review late applications through March 31 of a given fiscal year for medical emergencies or other exigent circumstance. The reason for a deadline waiver must be documented by the Commissioner, and the writing would be available for inspection by the City Council. • Public Information: Public information will be provided through the normal Council agenda process. • Attachments: Ordinance Recommended Action: Approval Submitting Depart - z • ,ency: Commissioner of Revenue City Manager: lik 1 AN ORDINANCE TO AMEND SECTION 35-66 2 OF THE CITY CODE REGARDING ELDERLY 3 AND DISABLED TAX RELIEF APPLICATION 4 EXTENSIONS 5 6 SECTION AMENDED: § 35-66 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 11 That Section 35-66 is hereby amended to the Code of the City of Virginia Beach, 12 Virginia to read as follows: 13 14 Sec. 35-66. - Application for exemption; certificate of disability. 15 16 (a) Each person (or persons) claiming an exemption or freeze under this division shall 17 file a real estate tax exemption/freeze affidavit or written statement with the city 18 manager. The affidavit or written statement shall be filed between January 1 and June 19 30 preceding the tax year for which relief is sought. Such affidavit or written statement 20 shall set forth, in a manner prescribed by the city manager, the location and assessed 21 value of the property and the names of the related persons occupying the dwelling for 22 which exemption or freeze is claimed, their gross combined income and their net 23 combined financial worth. The affidavit or written statement shall also include 24 indication as to whether the person or persons claim either the exemption or freeze 25 option. Each affidavit or written statement filed pursuant to this section shall be 26 deemed valid for a period of three (3) years; provided, however, that each year during 27 the three-year period and within the time requirement for filing affidavits or written 28 statements, the person or persons claiming exemption or freeze shall file with the city 29 manager a certification that the information contained on the affidavit or written 30 statement has not changed or that, if any change has occurred, that such change 31 does not serve to violate the limitations and conditions provided in this division. 32 33 (b) If the applicant is under sixty-five (65) years of age, the affidavit or written 34 statement required by subsection (a) above shall have attached thereto a certification 35 by the Social Security Administration, the Veterans Administration or the Railroad 36 Retirement Board, or if such person is not eligible for certification by any of these 37 agencies, a sworn affidavit by two (2) medical doctors licensed to practice medicine in 38 the commonwealth, to the effect that such person is permanently and totally disabled, 39 as defined in section 35-61. The affidavit of at least one of such doctors shall be 40 based upon a physical examination of the applicant by such doctor. The affidavit of 41 one of such doctors may be based upon medical information contained in the records 42 of the civil service commission which is relevant to the standards for determining 43 permanent and total disability, as defined in section 35-61. 44 45 (c) The city manager is hereby authorized to accept and process late filings of the 46 affidavits or written statements described in subsections (a) and (b) above until July 31 47 of the tax year for which exemption or freeze is sought. The city manager shall accept 48 and process such late filings in cases of (1) first time applicants, or (2) where he 49 determines that the failure to grant the exemption or freeze would serve to create an 50 extreme hardship for the applicant. 51 52 (d) The city manager may accept applications after the July 31 date but before March 53 31 of a given fiscal year when the applicant provides, to the satisfaction of the city 54 manager, that the failure to apply during the applicable period of time was due to 55 medical emergency or other exigent circumstance. The reason for such waiver of the 56 application deadline shall be reduced to writing, and the city manager shall retain such 57 writings and make them available for inspection by the city council. 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: I / Philli•r ellam an r I err Commissioner of 'e -nue City Attorney's Office CA14087 R-1 June 7, 2017 r e u� (i? I ) CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Add Section 18-108.1 to the City Code Regarding Church and Non-Profit Fundraising Activities MEETING DATE: June 20, 2017 • Background: The Commissioner of the Revenue oversees the City's administration and enforcement of the local Business License Code, Chapter 18 of the City Code. In 2001, the Commissioner requested and City Council granted the ability to license community events for non-profit organizations. These events allow the event sponsor to purchase an umbrella license based on the number of merchants at an event. The benefit of such a license is that it allows artisans and craft people to sell items at such events without each vendor obtaining a peddler license, which can cost $500. The community event umbrella license is $10 per vendor with a minimum of $50 and a maximum of$500. The Commissioner of the Revenue has been approached by a non-profit church that would like to undertake fundraising by selling ice cream and other ice cream confectionaries. The request is to utilize the umbrella license concept from the community event, which would avoid the requirement that each volunteer or employee of the church obtain a license prior to peddling ice cream. • Considerations: The attached ordinance authorizes a nonprofit charitable organization or a nonprofit church to obtain a license to sell ice cream. The cost of such license is $10. The license only applies to the sale of such products upon the property of the nonprofit charitable organization or nonprofit church. The proceeds from the sale must inure to the benefit of the organization or church. The ordinance also requires compliance with any applicable land use, public health, or other applicable law or regulation. • Public Information: Public information will be provided through the normal Council agenda process. • Attachments: Ordinance Recommended Action: Approval Submitting D- •• • ment/Agency: Commissioner of Revenue yk__ City Manage II 1 AN ORDINANCE TO ADD SECTION 18-108.1 TO 2 THE CITY CODE REGARDING CHURCH AND 3 NON-PROFIT FUNDRAISING ACTIVITIES 4 5 Section Added: § 18-108.1 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 10 That Section 18-108.1 is hereby added to the Code of the City of Virginia Beach, 11 Virginia to read as follows: 12 13 Sec. 18-108.1. - Temporary or transient church and non-profit fundraisers. 14 15 (a) The sale of ice cream or other ice confectioneries, candies or confections by a 16 nonprofit charitable organization or nonprofit church is hereby recognized as a distinct 17 activity. Any organization conducting such an event may obtain a license from the 18 commissioner of the revenue that will satisfy the business license requirement, 19 peddler permit, or solicitor permit for any volunteer or employee of such organization 20 provided the sale of such products occurs upon the property of the nonprofit charitable 21 organization or nonprofit church and the proceeds from the sale inure to benefit of the 22 nonprofit charitable organization or nonprofit church. 23 24 (b) The cost of the license described in subsection (a) shall be $10.00 per year. 25 26 (c) The provisions of this section shall only apply to the business license requirement, 27 peddler permit, or solicitor permit. Nothing herein shall relieve any such organization 28 from compliance with land use, public health, or other applicable law or regulation. 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: LA illip Kell. . :. 1°. ar Beyer Commissioner of Revenue City Attorney's Office CA14086 R-1 June 7, 2017 [ -,-41.-A-kk-,r �tt� —"--,V,s CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend the City's Resort Open Air Café Franchise Regulations MEETING DATE: June 20, 2017 • Background: The City's current Resort Open Air Café Franchise Regulations ("Regulations") apply to property adjacent to streets, the boardwalk, connector parks, Atlantic Avenue, Atlantic Avenue side streets and select gateway locations west of Pacific Avenue in the Resort Tourist Districts and the Oceanfront Resort District. The Regulations were written in anticipation of open air cafés being constructed adjacent to restaurants located on private property and located entirely indoors, within the confines of enclosed buildings. Specifically, Section 2.1 of the Regulations states that a franchise will be granted to a restaurant located on private property with 80% or more of interior space dedicated to table and chairs for sit down service by a waiter or waitress. Recently, City staff received applications for a Boardwalk café and a Connector Park café for a restaurant located at 2701 Atlantic Avenue ("Ocean 27 Café"). At least 80% of Ocean 27 Café is located on private property, but is entirely outdoors, with the exception of the kitchen. Ocean 27 Café would be the first completely outdoor dining experience in the Resort Area. • Considerations: Ocean 27 Café satisfies all of the requirements of the current Regulations, but is not located adjacent to a restaurant with 80% or more of interior space dedicated to table and chairs for sit down service by a waiter or waitress. City Staff, in conjunction with the Resort Advisory Commission, wish to revise Section 2.1 of the Regulations to permit open air café franchises to also be granted to restaurants located on private property with 80% or more of interior or exterior space dedicated to table and chairs for sit down service by a waiter or waitress. As stated above, Ocean 27 Café is located on private property, but the restaurant is entirely outdoors, with the exception of the kitchen. Ocean 27 Café has 80% or more of its exterior space dedicated to table and chairs for sit down service by a wait staff. Additional minor changes to Section 2.1 are required to clarify the intent of the revision. • Public Information: Information will be disseminated to the public through the normal process involving the advertisement of the City Council agenda. • Recommendation: Adoption of ordinance • Attachments: Ordinance and Exhibit 1, Redline of Proposed Amendments to the City's Resort Open Air Café Franchise Regulations Recommended Action: Approval Submitting Dep me ency: Convention and Visitors Bure City Manager: 1 AN ORDINANCE TO AMEND THE CITY'S RESORT 2 OPEN AIR CAFE FRANCHISE REGULATIONS 3 4 WHEREAS, the City's current Resort Open Air Café Franchise Regulations 5 ("Regulations") apply to property adjacent to streets, the boardwalk, connector parks, 6 Atlantic Avenue, Atlantic Avenue side streets and select gateway locations west of 7 Pacific Avenue in the Resort Tourist Districts and the Oceanfront Resort District; and 8 9 WHEREAS, the Regulations were written in anticipation of open air cafés being 10 constructed adjacent to restaurants located on private property and located entirely 11 indoors, within the confines of enclosed buildings; and 12 13 WHEREAS, Section 2.1 of the Regulations states that an open air café franchise 14 will be granted to a restaurant located on private property with 80% or more of interior 15 space dedicated to table and chairs for sit down service by a waiter or waitress; and 16 17 WHEREAS, recently City staff received applications for a Boardwalk café and a 18 Connector Park café for a restaurant located at 2701 Atlantic Avenue ("Ocean 27 19 Café"); and 20 21 WHEREAS, at least 80% of Ocean 27 Café is located on private property, but the 22 restaurant is entirely outdoors, with the exception of the kitchen; and 23 24 WHEREAS, Ocean 27 Café satisfies all of the requirements of the current 25 Regulations, but is not located adjacent to a restaurant with 80% or more of interior 26 space dedicated to table and chairs for sit down service by a waiter or waitress; and 27 28 WHEREAS, City staff, in conjunction with the Resort Advisory Commission, wish 29 to revise Section 2.1 of the Regulations to permit open air café franchises to be granted 30 to restaurants located on private property with 80% or more of interior or exterior space 31 dedicated to table and chairs for sit down service by a waiter or waitress; and 32 33 WHEREAS, Ocean 27 Café is located on private property, but the restaurant is 34 located entirely outdoors, with the exception of the kitchen; and 35 36 WHEREAS, Ocean 27 Café has 80% or more of its exterior space dedicated to 37 table and chairs for sit down service by a wait staff; and 38 39 WHEREAS, additional minor changes to Section 2.1 are required to clarify the 40 intent of the revision. 41 42 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 43 CITY OF VIRGINIA BEACH, VIRGINIA: 44 45 That the City's Resort Open Air Café Guidelines are hereby amended to read as 46 set forth in the attached Exhibit 1, Redline of Proposed Amendments to the City's 47 Resort Open Air Café Franchise Regulations, a true copy of which is hereto attached. 48 Adopted by the City Council of the City of Virginia Beach, Virginia, on the day of , 2017. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Mike Eason Aimee Sullivan r Convention and Visitors Bureau City Attorney's Office CA14066 R-1 June 5, 2017 RESORT OPEN AIR CAFÉ FRANCHISE REGULATIONS June 5, 2017February4T 2017 Ar-; -0101111111.4111111116 4r y�q r 0* vim! ` yi abk b.. � ,+ CITY OF VIRGINIA BEACH RESORT OPEN AIR CAFÉ FRANCHISE REGULATIONS SECTION 1. GENERAL PURPOSE Rev.02/01/17 1. 1 The Resort Open Air Café regulations are for the RT and OR Oceanfront Resort Districts located in the resort area specifically identified as adjacent to the Boardwalk,Connector Parks,Atlantic Avenue,Atlantic Avenue side streets,and in selected Gateway locations west of Pacific Avenue. The Café Franchise Program is designed to allow and encourage outdoor cafes on the public right-of- way fronting pedestrian-oriented ways where they are appropriate,and will promote an ambiance conducive to public health,safety,general welfare,and serve as a public amenity. The goals of the program are as follows: 1.1.a To promote cafes as visual amenities which improve the appearance and pedestrian ambience of the Boardwalk,Connector Parks,and pedestrian- oriented street frontages. 1.1.b To preserve and enhance the character of the resort area and to promote the most desirable use of public property. 1.1.c To ensure that adequate clearance is maintained for pedestrians and bicyclists adjacent to cafes. 1.1.d To establish administrative and enforcement procedures for Open Air Cafes that are effective,efficient,and enforceable. 1.1.e To ensure the construction of attractive,lightweight,removable structures. SECTION 2. DEFINITIONS 2.1 Resort Open Air Café:an outdoor dining facility directly adjoining an existing restaurant in the RT Resort Tourist Districts or OR Oceanfront Resort District, franchised to operate on public property. All facilities 4To be considered for this program,the existing restaurant areis required to provide waiter/waitress service, from a full service menu served on non-disposable dishware,.,m a specific semi- - . _. - .._ . .- .-. •- - -.A franchise for these cafés will only be granted to those restaurants located on private property with 80%or more of interior or exterior space dedicated to table and chairs for sit down service by a waiter or waitress.No portion of an Open Air Café shall be used for any purpose other than dining or related circulation.Cafes must have direct access to the existinghest restaurant.All cafes and the required adjacent/operating restaurantbusiness shall meet all ADA requirements(including rest room facilities within restaurant).Café Categories,each with requirements specific to their locations,are described below: Rev.2/1/17 2 Category A-Boardwalk Café. A resort open air café located on public property facing the boardwalk in the OR zoning district. Category B-Connector Park Café. A resort open air café located on public property in a Connector Park between Atlantic Avenue and the boardwalk The Café shall not extend East of the building's property line. Category C-Atlantic Avenue Sidewalk Café. A resort open air café located on the public sidewalk along Atlantic Avenue in the OR Oceanfront Resort District not including those located between 15th and 24th Streets(See Category E). Category D-Atlantic Avenue Side Street Café. A resort open air café in the OR Oceanfront Resort District located on the public sidewalk on numbered side streets between Atlantic and Pacific Avenues. Category E-Atlantic Avenue Sidewalk Cafe-15th to 24th Streets. A resort open air café located on the public sidewalk along Atlantic Avenue in the OR Oceanfront Resort District between 15th and 24th Streets on Atlantic Avenue. Category F–West of Pacific Avenue Cafe A resort open air café located on public property from Pacific Avenue,westward,in the RT Resort Tourist District and OR Oceanfront Resort District,fronting on city designated streets. 2.2 Obstruction: Public infrastructure improvements such as traffic signal poles,sign poles,light poles,planting areas,tree grates,trees,trash receptacles,benches,bike racks,parking meters,etc.,that may impede the flow of pedestrian traffic. SECTION 3. FACILITIES NOT CONSIDERED FOR THE CAFÉ PROGRAM 3.1 Fast Food Establishments. An establishment,franchised or otherwise,that offers quick food service of items already prepared and held for service;or prepared,fried,griddled quickly or heated in a device such as a microwave oven; and/or orders are not taken at the customer's table;and food is generally served from a counter in disposable wrapping or containers,will not be considered for outdoor cafes. SECTION 4. OPERATIONAL REQUIREMENTS-ALL CAFES 4.1 In order to be considered for approval under the Resort Open Air Café Program, the Applicant must agree to meet the following Operational requirements: 4.1.a Cafes must provide full waiter/waitress table service,from a full service menu served on non-disposable dishware,as defined in par.2.1. 3 4.1.b All patrons of cafes shall be seated while in the café area. 4.1.c Patrons may consume alcoholic beverages in these cafes that have been prepared within the host restaurant,in compliance with state ABC regulations. Café employees shall not prepare or pour alcoholic beverages within any café. 4.1.d Solicitation of any type,as described in Section 26-3 of the City code, from any café will result in immediate termination of franchise agreement. SECTION 5. ENTERTAINMENT/AMPLIFIED MUSIC 5.1 Live or recorded entertainment is allowed under the following conditions in all outdoor cafes,unless noted otherwise in specific Café Categories herein. 5.1.a Between the hours 12:00 p.m.and 11:00 p.m.only. 5.1.b Solo or duo live entertainment only.Connecting cafés do not constitute more than one entertainment venue. 5.1.c The café franchise agreement administrator/city officials shall have the sole discretion in determining if the music sound level emanating from the café is considered loud or disturbing. Amplification of music shall be directed within café area. 5.1.d Café operators shall receive one written warning that the music does not comply with the café regulations. Upon notice of a second violation,the café will forfeit their entertainment within the café for the remainder of the season. Subsequent violations will be grounds to terminate the café franchise agreement. SECTION 6. GENERAL CAFÉ REQUIREMENTS Requirements apply to all outdoor cafes,unless noted otherwise in specific Café Categories herein. 6.1 Size: Improvements on public property may not cover more than the front face of the operating business building or exceed a total of 800 sq It. In addition,the scale,proportion,and overall design of the café shall be reviewed by City staff to ensure the café is compatible with the adjacent building,the street block face,and the overall goals of the Resort Area Facade Program and the Resort Streetscape Improvements.The size of the café must maintain clearances as outlined in each section from public infrastructure improvements such as traffic signal poles,sign 4 '1 f 4 tik?,\ 't7 <<.'i ' 'w.., rr 'i,-..°,-..--,te CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Granting Two Franchise Agreements for Open Air Cafés in the Resort Area MEETING DATE: June 20, 2017 • Background: By resolution adopted November 15, 1985, City Council authorized the City Manager to promulgate Open Air Café Regulations ("Regulations"), which have been amended from time to time, for the operation of open air cafés on public property. The City has developed a franchise agreement for the regulation of open air cafés, which the grantees are required to execute as a condition of the grant. The City Council has traditionally granted initial franchises for one-year terms. If an open air café is successfully operated during the initial one-year term, the franchisee may return to Council upon the expiration of the one-year term and request a five-year franchise agreement. • Considerations: 27th F & B, LLC, t/a Ocean 27 Café, is seeking two one-year franchise agreements for operation of a Boardwalk Café and a Connector Park Café at 2701 Atlantic Avenue. 27t F & B, LLC, t/a Ocean 27 Café, is not currently eligible for open air café franchise agreements under Section 2.1 of the Regulations because Ocean 27 Café restaurant is located entirely outdoors. The Regulations contemplate open air cafés adjacent to indoor restaurants only. The Convention and Visitors Bureau has proposed an ordinance to amend the Regulations to permit the City to grant open air café franchise agreements to restaurants located both indoors and outdoors. If City Council adopts the proposed ordinance to amend the Regulations, City Council can then adopt this ordinance granting the two franchise agreements requested by 27th F & B, LLC, t/a Ocean 27 Café. • Public Information: A public notice was published in The Beacon on June 18, 2017. • Attachments: Ordinance and Disclosure Form Recommended Action: Adopt Ordinance Submitting De• • - ' :ency: Convention & Visitors Bureau Qlt Z�. City Manager: 1 AN ORDINANCE GRANTING TWO 2 FRANCHISE AGREEMENTS FOR OPEN AIR 3 CAFES IN THE RESORT AREA 4 5 WHEREAS, by resolution adopted November 15, 1985, City Council authorized 6 the City Manager to promulgate Open Air Café Regulations, which have been amended 7 from time to time, for the operation of open air cafés on public property; and 8 9 WHEREAS, the City Council has traditionally granted initial franchises for one- 10 year terms; and 11 12 WHEREAS, if an open air café is successfully operated during the initial one- 13 year term, the franchisee may return to Council and request a five-year franchise 14 agreement; and 15 16 WHEREAS, 27TH F & B, LLC, t/a Ocean 27 Café, is seeking two one-year 17 franchise agreements for operation of a Boardwalk Café and a Connector Park Café at 18 2701 Atlantic Avenue; and 19 20 WHEREAS, the Convention & Visitors Bureau/Resort Management recommends 21 that the above-named entity be granted two open air café franchise agreements. 22 23 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH: 25 26 That the City Council hereby grants 27th F & B, LLC, t/a Ocean 27 Café, two one- 27 year franchise agreements for operation of a Boardwalk Café and a Connector Park 28 Café at 2701 Atlantic Avenue. Adopted by the City Council of Virginia Beach, Virginia on this day of 2017. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: _AZ /44,141 (�. S Mike Eason Aimee Sullivan Convention and Visitors Bureau/ City Attorney's Office Resort Management CA14059 R-1 May 31, 2017 vii3 Virginia Beach DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • ► The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law, SECTION 1 / APPLICANT DISCLOSURE ❑ Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ® Check here if the APPLICANT IS a corporation, partnership, firm, business, or FOR CITY USE ONLY/All disclosures must be updated two (2)weeks prior to any Page 1 of 4 Planning Commission and City Council meeting that pertains to the application(s). o APPLICANT NOTIFIED OF HEARING DATE: D NO CHANGES AS OF DATE: 0 _ REVISIONS SUBMITTED DATE: rlf my ( Virginia Beach other unincorporated organization, AND THEN, complete the following. (A) List the Applicant's name followed by the names of all officers, directors, members, trustees, partners, etc. below: (Attach list if necessary) 27th F& B, LLC-Applicant Robedrt L. Hughes, Member&A. Russell Kirk, Member (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) N/A See next page for information pertaining to footnotes' and 2 4 ► SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. ❑ Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. © Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name followed by the names of all officers, directors, members, trustees, partners, etc. below: (Attach list if necessary) 27 1/2 th Street Garage, LLC-Leasehold Interest 27th Street Holding, LLC -Sole Member/Manager (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) N/A The disclosures contained in this form are necessary to inform public Page 2 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. cryo) Virginia Beach 1 "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. • t SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER(use additional sheets if needed) 0 Accounting and/or preparer of your tax return Architect/ Landscape Architect/ Land Planner Contract Purchaser(if other than E x0 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) QEl Construction Contractors AHP Construction,LLC-General Contractor x❑ Engineers/Surveyors The disclosures contained in this form are necessary to inform public Page 3 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. coy at` Virginia Beach Financing (include current TowneBank-pending loan for the ❑ mortgage holders and lenders construction of the outdoor restaurant X selected or being considered to area. provide financing for acquisition or construction of the property) Cx1 ID Legal Services Faggert&Frieden,PC-representation for the pending TowneBenk loan. Real Estate Brokers / Agents for ❑ 0 current and anticipated future sales of the subject property • 0 SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ED Q an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or me ' of any public body or committee in connection with this Application. yMee �� A. Russell Kirk, Member 5/11/17 A113LI 'S SIGNATURE PRINT NAME DATE •''.C"--9/---------- A Russell Kirk, Manager 5/11/17 PROPERTY OWNER'S SIGNATURE PRINT NAMEDATE The disclosures contained in this form are necessary to inform public Page 4 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. RIue rr, H f� s h � r CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Modify the Boundary of the Hurd's Cove Neighborhood Dredging Special Service District and to Authorize the Refund of SSD Levies MEETING DATE: June 20, 2017 • Background: In the FY 2011-12 Budget Process, the City Council adopted a policy for neighborhood dredging. The policy provides the purpose and the need underlying the establishment of various special service districts. Benefits expected through the establishment of a neighborhood dredging special service district include the preservation of navigable waterways, the enhancement and improvement of storm water capacity and water quality, the protection of public recreation areas, and the protection of property within each service district. The City Council has approved seven individual special service districts (SSDs) based upon the referenced policy. After adoption of a SSD, the staff undertakes engineering and permitting activities that are a precondition to the dredging of the neighborhood channels. As part of these activities, the City staff has identified properties in Hurd's Cove that ought to be removed from the program. • Considerations: The state law authorizing SSDs is predicated upon the participating properties receiving enhanced or additional services. For the properties that the City is recommending for removal, the staff identified some barrier to the property receiving the enhanced or additional services such as engineering, permitting, legal, or related to wetlands mitigation. In addition to removing the referenced properties, the attached ordinance would authorize the refund of the SSD levies collected from the properties and interest to be provided based upon the City's most recent general obligation bond sale. • Public Information: This item has been advertised for three successive weeks in the Beacon as is required by Virginia Code § 15.2-2400. Additionally, public information will be provided through the normal Council agenda process. • Recommendations: Approval of the attached ordinance. • Attachments: Ordinance, Modified District Boundary Map (Attachment A), List of Properties to be removed (Attachment B) Recommended Action: Approval Submitting De: . ' y - . Agency: Public Works P City Manager: il , �j r 1 AN ORDINANCE TO MODIFY THE BOUNDARY OF THE 2 HURD'S COVE NEIGHBORHOOD DREDGING SPECIAL 3 SERVICE DISTRICT AND TO AUTHORIZE THE REFUND 4 OF SSD LEVIES 5 6 WHEREAS, the City Council established the Hurd's Cove Special Service District 7 (the "SSD") by ordinance (ORD-3394), which was adopted January 20, 2015; and 8 9 WHEREAS, due to engineering, permitting, legal impediment, or wetlands 10 mitigation issues, the SSD requires modification to remove parcels from the SSD 11 because the parcels cannot be served by the enhanced services or facilities for which 12 the SSD was established; and 13 14 WHEREAS, the January 2016 general obligation bond sale the City's new money 15 bonds had a true interest cost of 2.438%; and 16 17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 18 VIRGINIA BEACH, VIRGINIA: 19 20 1. That the boundaries of the Hurd's Cove SSD are modified to reflect the map 21 attached hereto as "Attachment A," with a GPIN and Address list of the parcels to be 22 removed in "Attachment B." 23 24 2. That the parcels removed from the SSD are to be issued a refund from the 25 Capital Project established for such the SSD of levies collected for the SSD and such 26 refund shall include interest calculated using the nearest whole number interest rate as 27 the City's most recent general obligation bond sale with interest compounded annually. Adopted by the City Council of the City of Virginia Beach, Virginia, on the day of , 2017. equires an affirmative vote by a majority of all of the members of City Council. A"PoVED AS TO CONTENT: APPROVED AS TO CONTENT: ; 7/)? 11ihr1 �1M Trea rer's Office Public (Nor s APPROVED AS TO LEGAL SUFFICIENCY: e ' Office CA14078 R-1 May 31, 2017 t;! �� :—/.7_, .----i-7 .------- % 4.4 _ \% jo 0 6.- ry 4/ '7.' 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Main Channel -� K -City Funded Spur E S sso ¢o dao -{ e\ _''1� • Sts -Neighborhood Funded Spur /yY(}\ �•,0# :c {,�/ \<- �4 0¢ r Removed Channels I A Mr Study Area Property \ O Property lines �,oe , '�, Buildings — •6 ¢t'' e. , � City Property ¢od ep,t 100 20 0 400~ Hurds Cove Neighborhood Dredging June 2017 LPP08[ Feet S ' 69 Properties "Attachment A" ` ATTACHMENT B Hurds Cove SSD Properties Removed from Program June 2017 7 Total Properties GPIN Address 14981017030000 3100 WINCHESTER LN 14971988460000 3112 QUIMBY RD 14971987550000 3108 QUIMBY RD 14971986840000 3104 QUIMBY RD 14971984350000 3100 QUIMBY RD 14972956800000 3013 BRAY RD 14972937030000 3021 BRAY RD LiN CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance declaring the property located at 1428 Southern Boulevard (GPIN 2417-14-5405) to be in excess of the City's needs and authorizing the City Manager to sell same to Jon W. Dobbs. MEETING DATE: June 20, 2017 • Background: As part of the APZ-1 Use and Acquisition Plan adopted December 20, 2005, the City of Virginia Beach acquired 1428 Southern Boulevard (the "Property") on September 30, 2014 for $340,000. At the time of acquisition, the Property was improved with a commercial structure that housed the Pioneer Elk Lodge, an incompatible use in APZ-1. The building has since been demolished. Jon W. Dobbs ("Dobbs") owns the adjacent property at 107 Sykes Avenue, which is developed with a commercial building with several businesses that are compatible with the APZ-1 restrictions. Dobbs proposes to purchase the 28,967 +/- sq. ft. Property for $115,870 (approximately $4/sq. ft.) in order to utilize it in a manner compatible with the APZ-1 Ordinance. • Considerations: The Property will be sold with a deed restriction that prevents any incompatible uses on the Property. The APZ-1 Disposition Committee reviewed the Property and determined that it should be sold to the adjoining property owner. The sale will allow Dobbs to expand his existing business uses, and the City will be able to permanently roll back the prior nonconforming use. Dobb's offer per square foot is consistent with the fair market value of industrial- zoned land in this area, pursuant to a market research report provided by Soscia and Company, Inc. on May 5, 2016. If the City retains the Property, the City must pay to maintain the lot, an estimated annual cost of$1,260. • Public Information: Advertisement for public hearing as required by Section 15.2-1813 Code of Virginia and advertisement of City Council Agenda. • Alternatives: Retain ownership of the Property. • Recommendations: Approve the Ordinance. • Revenue restrictions: The City funded the acquisition of the Property through the partnership with the Commonwealth of Virginia. The proceeds from the sale of the Property in the amount of $115,870.00 will be received and fifty percent (50%) of the amount will be deposited for appropriation in future Capital Improvement Program capital budgets in #9-059, Oceana and Interfacility Traffic Area Conformity and Acquisition II, and fifty percent (50%) will be deposited for future payment by the City Manager to refund the Commonwealth's portion in accordance with the grant agreement. • Attachments: Ordinance, Disclosure Statement, Summary of Terms and Location Map Recommended Action: Approval of the Ordinance Submitting Departm . ' s ency: Public Works Pa City Manager. IL el. ...iv C 1 AN ORDINANCE DECLARING THE 2 PROPERTY LOCATED AT 1428 SOUTHERN 3 BOULEVARD (GPIN 2417-14-5405) TO BE IN 4 EXCESS OF THE CITY'S NEEDS AND 5 AUTHORIZING THE CITY MANAGER TO 6 SELL THE PROPERTY TO JON W. DOBBS 7 8 WHEREAS, the City of Virginia Beach (the "City") is the owner of that 9 certain 28,967 +1- sq. ft. parcel of land located at 1428 Southern Boulevard (the 10 "Property") more particularly described on Exhibit "A" attached hereto and made a part 11 hereof; 12 13 WHEREAS, the City acquired the Property pursuant to the APZ-1 14 Acquisition Program; 15 16 WHEREAS, the City funded the acquisition of the Property through a 17 partnership with the Commonwealth of Virginia (the "Commonwealth"), with each party 18 contributing fifty percent (50%) of the funds; 19 20 WHEREAS, Jon W. Dobbs ("Dobbs") owns the adjacent property and he 21 has requested to purchase the Property in order to utilize it in a manner compatible with 22 the APZ-1 Ordinance; 23 24 WHEREAS, Dobbs desires to purchase the Property in accordance with 25 the Summary of Terms attached hereto as Exhibit "B" and made a part hereof; 26 27 WHEREAS, the APZ-1 Disposition Committee has recommended that City 28 Council declare the Property to be in excess of the City's needs and sell the Property to 29 Dobbs; and 30 31 WHEREAS, the City Council is of the opinion that the Property is in 32 excess of the needs of the City of Virginia Beach. 33 34 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 35 OF VIRGINIA BEACH, VIRGINIA: 36 37 That the Property located at 1428 Southern Boulevard is hereby 38 declared to be in excess of the needs of the City of Virginia Beach and that the City 39 Manager is hereby authorized to execute any documents necessary to convey the 40 Property to Jon W. Dobbs in accordance with the Summary of Terms and such other 41 terms, conditions or modifications as may be acceptable to the City Manager and in a 42 form deemed satisfactory by the City Attorney. 43 44 Further, that revenue from the sale of the Property in the amount of 45 $115,870.00 will be received and fifty percent (50%) of the amount will be deposited for 46 appropriation in future Capital Improvement Program capital budgets in #9-059, Oceana 47 and Interfacility Traffic Area Conformity and Acquisition II, and fifty percent (50%) will be 48 deposited for future payment by the City Manager to refund the Commonwealth's 49 portion in accordance with the grant agreement. 50 51 This ordinance shall be effective from the date of its adoption. 52 53 Adopted by the Council of the City of Virginia Beach, Virginia, on the 54 day of , 2017. CA13840 R-1 5/24/17 \\vbgov.com\dfs l\applications\citylawprod\cycom 32\wpdocs\d024\p023\00373442.doc APPROVED AS TO CONTENT APPROVED AS TO C NTENT Public Works udget & Management Services APPROVED AS TO LEGAL SUFFICIENCY City 'torn:y's Offi EXHIBIT "A" GPIN: 2417-14-5405 (1428 Southern Boulevard) ALL THAT certain tract, piece or parcel of land, situate, lying and being in the Borough of Lynnhaven, City of Virginia Beach, State of Virginia, and known, numbered and designated as Parcel A, 0.665 acre, on that certain plat entitled, "Subdivision of Site No. 53, Oceana Gardens for the Dog, Inc., Lynnhaven Borough, Virginia Beach, Virginia," dated October 2, 1972, made by John E. Sirine and Associates, Surveyors and Engineers, Virginia Beach, Virginia, duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 93, at page 50, reference made for a more particular description of said property. RESERVING UNTO THE CITY all right, title and interest of the City in and to any and all easements, rights of way, private roads and other rights of access, ingress and/or egress adjacent to appurtenant to or in any way benefiting the City or the public. IT BEING the same property conveyed to the City of Virginia Beach by deed dated September 23, 2014 and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach as Instrument Number 20140930000923390. EXHIBIT "B" SUMMARY OF TERMS SALE OF EXCESS PROPERTY LOCATED AT 1428 SOUTHERN BOULEVARD Seller: City of Virginia Beach Buyers: Jon W. Dobbs Property: Approximately 28,967 square feet of property generally known as 1428 Southern Boulevard (GPIN: 2417-14-5405) Legal Description: See Exhibit "A" to Ordinance Sale Price: $115,870.00 CONDITIONS OF SALE: • Property is purchased "As is, Where is." • Buyer has been advised of APZ-1 restrictions for use; Buyer may use the Property for commercial uses that are deemed compatible by the City Zoning Ordinance for APZ-1. • Seller will record deed restrictions at closing, consistent with the Purchase Agreement. • Closing shall be on or before December 6, 2018, or as further extended by Council. _ __ILr tr �..:.o - - C V Q I d Z _� � J d NTSddIHS- I" • O) 0 �, i W a) 1 ....ti- CO Et > ' o u0 I _ I — OZW � n Qii I II _ N1 HaIZOG O W Z Z 'N. o c LO LL HOCL 0W � LNi Ua � = r, S. N1 Jll1`d3�l .o a V OI— co cp c I ° m N N a > C/)W Tr IN U c 0o X I w SYKeSp,�E - - - - end s � S . _ 0 J _ m - U / . I Q W m Q r- � J Z n- O `r' a �o 1m■ 1,0 0 a 1 r CO nIi •Z Q v (i) w o aN ,. J ° �. I } zo a 1111 r o IU UO g — 0 - I _ m CO Z �1 •y r p 1 DNECKRDS / CIA-18 V N`d�JO N [ . N Lai a:!i, CD oa Q U Z . 2 ttiry of Virginia C Il vitt. APPLICANT'S NAME.o 1-7 MAR 31 2.017 DISCLOSURE STATEMENT FORM "Pk,At Es-0, 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 • 0 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)w✓ceks prior to any Page 1 of 5 Planning Commission and City Council meeting that pertains to the application(s). APPLICANT NOTIFIED OF HEARING DATE Eyr NO CHANGES AS OF DATE: 61�0h 7 o REVISIONS SUBMITTED DATE "� Woryof 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:_v LciL\ \\/, Th01L 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 4 • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. ❑ Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ❑ Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN, complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 5 WC5ty 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 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 (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 anv 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 W./ Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) ❑ Accounting and/or preparer of your tax return ❑ d Architect/ Landscape Architect/ Land Planner Contract Purchaser (if other than El the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed ❑ d purchaser of the subject property (identify purchaser(s) and purchaser's service providers) ❑ Construction Contractors ❑ 12( Engineers / Surveyors/ Agents Financing (include current LI selected holders and lenders � 1 selected or being considered to Q� a4L„, provide financing for acquisition or construction of the property) r A ) Er ❑ Legal Services y(L��G1m: Ci(re 1,Col Hncl v` Real Estate Brokers / ❑ E Agents/Realtors for current and anticipated future sales of the subject property • e SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ Er 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 NAB*0 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. /r ) ll- �,� �1 C 1 i��.'C.' J ikPvcA c,r) \YV , ��J�')L1► 3-31-17 APPLICANT'S SIGNATURE PRINT NAME DATE PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 5 of 5 • R' ,I, 0 ,,.„ ,J. ,.,,,,, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a Lease of 45+/- Acres of City-Owned Farm Land Located Off of Landstown Road at 2400-2500 Tournament Drive (the "Ballfield Farm") for Up to Five (5) Years with Dawley Family Farms, LLC MEETING DATE: June 20, 2017 • Background: The City of Virginia Beach acquired the property located at 2400- 2500 Tournament Drive, GPIN: 1494-24-9673 (the "Property") on February 15, 1995. A large portion of the Property was developed into a golf course, and 45+/- acres has been deemed suitable for farming purposes and is known as the Ballfield Farm (the "Premises"). Farming of the Premises would be of benefit to the City, since it would alleviate the City's maintenance responsibilities and further keep the Premises from devolving into wetlands in an area where wetlands are not desired. The City issued a Request for Proposals ("RFP") for the Premises and received one (1) response. Responses are evaluated by a committee consisting of staff from the Agriculture, Parks & Recreation, City Attorney and Public Works Departments (the "Committee"). The sole submittal was evaluated based on the following components: Agriculture Plan, Crop Land and Property Maintenance/Improvement Plans, Farm Security, and Proposed Terms and Rent Offered (the "Criteria"). The rent offered by the respondent was $1 for the first term and $1,600 ($35.55 per acre) for each renewal term, along with payment of any assessed leasehold taxes throughout all terms. The nominal rent for the initial term is to account for the tenant's need to adjust the land to make necessary adjustments to the Premises. The Committee recommends awarding the lease to the Dawley Family Farms, LLC, based on its overall responses to the Criteria and satisfactory stewardship of other farm land in the City of Virginia Beach. • Considerations: The initial term of the Lease would be for seven months, with four one-year renewal terms. The City has the right to terminate the Lease with ninety (90) days' notice. 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 Premises. • Recommendation: Approval • Attachments: Disclosure Statement Ordinance Summary of Terms Location Map Recommended Action: Approval Submitting De•a - t/Agency: Public Works/Facilities Management (Ah City Manage 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE OF 45+/- 3 ACRES OF CITY-OWNED FARM LAND LOCATED 4 OFF OF LANDSTOWN ROAD AT 2400-2500 5 TOURNAMENT DRIVE (THE "BALLFIELD FARM") 6 FOR UP TO FIVE (5) YEARS WITH DAWLEY 7 FAMILY FARMS, LLC 8 9 WHEREAS, the City of Virginia Beach (the "City") is the owner of 45+/- acres of 10 farm land located at 2400-2500 Tournament Drive known as Ballfield Farm in Virginia 11 Beach, Virginia (the "Premises"); 12 13 WHEREAS, the City would benefit from continued farming of the Premises, since 14 it would alleviate the City's maintenance responsibilities and further keep the Premises 15 from devolving into undesired wetlands; 16 17 WHEREAS, Dawley Family Farms, LLC ("Dawley") would like to enter into a 18 lease with the City to utilize the Premises for farming and related agricultural purposes; 19 and 20 21 WHEREAS, Dawley has agreed to pay the City an initial rental rate of $1.00 and 22 a renewal rate of$1,600.00 per year for the use of the Premises. 23 24 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 25 OF VIRGINIA BEACH, VIRGINIA: 26 27 That the City Manager is hereby authorized to execute a lease for one year, with 28 four one-year renewal terms between Dawley Family Farms, LLC and the City for the 29 Premises, in accordance with the Summary of Terms attached hereto as Exhibit A and 30 made a part hereof, and such other terms, conditions or modifications as may be 31 acceptable to the City Manager and in a form deemed satisfactory by the City Attorney. 32 33 This ordinance shall be effective from the date of its adoption. 34 35 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 36 , 2017. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM /5n5Le/ jea-betth/i A4/L) Public Works/Facilities Management City Attorney 61 CA13843 R-1 June 7, 2017 EXHIBIT A SUMMARY OF TERMS LEASE FOR 45+!- ACRES OF CITY-OWNED FARM LAND LOCATED OFF LANDSTOWN ROAD AT 2400-2500 TOURNAMENT DRIVE LESSOR: City of Virginia Beach LESSEE: Dawley Family Farms, LLC PREMISES: 45 +1- acres of farm land located at 2400-2500 Tournament Drive, a portion of GPIN 1494-24-9673, together a right to use the private road to Landstown Road TERM: Initial Term June 1, 2017 — December 31, 2017 Renewal Term 1 January 1, 2018 — December 31, 2018 Renewal Term 2 January 1, 2019 — December 31, 2019 Renewal Term 3 January 1, 2020 — December 31, 2020 Renewal Term 4 January 1, 2021 — December 31, 2021 RENT: Rent of $1.00 for the Initial Term and $1,600.00 per year for each Renewal Term. Rent is only $1.00 for the Initial Term, in order to allow tenant time to make necessary adjustments to the land. RIGHTS AND RESPONSIBILITIES OF LESSEE: • Pay all leasehold taxes. • Use Premises for agricultural purposes such as farming, and for no other purpose. • Maintain Premises in a good farm-like manner, including prevention of deterioration or waste accumulation. • Keep all equipment and improvements placed upon Premises in a safe, clean and orderly condition. • Purchase and maintain insurance coverage acceptable to the City. RIGHTS AND RESPONSIBILITIES OF CITY: • City may enter upon the Premises without written prior notice, after it has been determined that an emergency exists. TERMINATION: • City may terminate upon: (a) thirty (30) days' notice if the Premises is not maintained in a farm-like manner or if allowed to deteriorate; and (b) ninety (90) days' notice for any reason, subject to a mutually agreed upon sum to cover any planted crop unable to be harvested due to the City's termination. LOCATION MAP 45+/- acre portion of 2400-2500 Tournament Drive (GPIN 1494-24-9673), together with nonexclusive right to use the access road VIRG . ' [° '1 ,�' _....r- 4 '*. a''d. ait6 • joi/ yam, .� `...--�"r 1sg Y -7 � u 1�aii r'., „ :'d. J, �" 4,..4s....,,... "tic 4 • •4.d �1. t .- A-,4 ' y4Its Property 4 � `� ~� j ss le F 7- O o Access Road 0 (Approximate) ' 31' ,,. ' t a * y I� +'1 MT. � ...-i: to �' wet` ; 4 or ,..1., / i \., 4. ,x16' 1 ,+*' .. 3 �,,,t _ `' «T l ' -, r GOLF<. RSE MAP SHOWING LOCATION OF PROPOSED FARM AREAS TO BE LEASED BY DAWLEY FAMILY FARMS, LLC AND FARM LAND CURRENTLY FARMED BY DAWLEY FAMILY FARMS, LLC •ter ,‘ a ,g,,t. Ballfield Farm: Proposed lease to the Dawleys. Virginia Beach Pnncecs q,n Nd 14 t: .. r1`al 14, Fl` Or Uf Her nn RrOgr Gar a" .0 #fie ...School Farm: Proposed lease to L Z the Dawleys. MEMNIIIIMMIMMI 3 r4,,,, NK .VAMO1NG Incision Biro KJ 5 i Currently farmed by the Dawleys. - ®2017 Microsoft Corporation CMy� Virginia Beach APPLICANT'S NAME1w �-�s���4spa,. 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 5 Planning Commission and City Council meeting that pertains to the application(s). APPLICANT NOTIFIED OF HEARING DATE: o NO CHANGES AS OF DATE: • REVISIONS SUBMITTED DATE. 3 cryo Virginia Beach ❑ Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. lErCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:_00''V if�y�_ +I . _E41�-ns LLC, If an LLC, list all mber's names: T w 1asc,n r.w 1(y V' A,ele it_ 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. ❑ 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 1illi$ 8, 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 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 (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 4 • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 5 eery� Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) ❑ Er Accounting and/or preparer of your tax return ❑ Architect/ Landscape Architect/ Land Planner ❑ Contract Purchaser(if other than Er 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) ❑ Qr, Construction Contractors ❑ a Engineers /Surveyors/Agents Financing (include current ❑ Et/ mortgage holders and lenders II�� selected or being considered to provide financing for acquisition �y or construction of the property) ❑ Lr Legal Services ��,/ Real Estate Brokers / ❑ t r Agents/Realtors for current and anticipated future sales of the subject property 4 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 u 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 CNN ci 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. c �v✓� n cw. 7-ciso /Cy v7/Z 107 APPLICA S SIGNATURE PRINT NAME DATE PROPERTY OWNER'S SIGNATURE PRINT NAME I DATE Page 5 of 5 (#74..)*11 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a Lease of a 7+/- Acre Portion of City-Owned Farm Land Located At 2848 Indian River Road (the "School Farm") for Up to Five (5) Years with Dawley Family Farms, LLC MEETING DATE: June 20, 2017 • Background: The City of Virginia Beach acquired the property located at 2848 Indian River Road, GPINs: 1493-43-2693 and 1493-43-0050 (the "Property") on September 5, 2014 as part of the Oceana and Interfacility Traffic Area Acquisition Program, which was designed to acquire property situated in the flight path between Naval Air Station Oceana and Naval Auxiliary Landing Field Fentress. At this time the City has no immediate use for the Property, but recognizes that 7 +/- acres of the Property is suitable for farming (the "Premises"). Since the City's acquisition of the Property in 2014, the Premises has not been farmed. Farming of the Premises would be of benefit to the City, since it would alleviate the City's maintenance responsibilities and further keep the Premises from devolving into wetlands in an undesired area. The City issued a Request for Proposals ("RFP") for the Premises and received two (2) submittals. Submittals were evaluated by a committee consisting of staff from the Agriculture, Parks & Recreation, City Attorney and Public Works Departments (the "Committee"). Each submittal was evaluated based on the following components: Agriculture Plan, Crop Land and Property Maintenance/Improvement Plans, Farm Security, and Proposed Terms and Rent Offered (the "Criteria"). Committee members independently reviewed the submittals, and assigned a numerical score for each of the Criteria. The Committee then met to tally the results. The first submittal received a total score of 305 (the "First Bidder"), and the second submittal received a total score of 66 (the "Second Bidder"). The Second Bidder failed to include a farming plan, crops to be planted, detail of improvements and maintenance of the Property, and also attempted to change the terms of the requirements of the RFP (refusing to pay leasehold taxes). The annual rent offered by First Bidder was $125.00 ($17.85 per acre) along with payment of leasehold taxes estimated to be $20.51 per year for a total of $145.51 ($20.78 per acre). The annual rent offered by the Second Bidder was $180.25 ($25.75 per acre) without the payment of any assessed leasehold taxes. The Second Bidder offered a slightly higher overall lease rate, but its submittal failed to include a significant number of components requested in the RFP. The RFP specifically stated "City reserves the right to reject any and all proposals and to select the proposal that it deems is in the best interests of the City, even if it is not the highest lease rate." Despite the monetary difference ($34.74 per year), the Committee believes that the City's best interests will be served by awarding the lease to the First Bidder, Dawley Family Farms, LLC, based on its overall satisfactory responses to the Criteria. • Considerations: The initial term of the Lease would be for seven months with four one-year renewals. Rent for the initial term will be nominal to allow the tenant to make necessary adjustments to the land. The City has the right to terminate the Lease with ninety (90) days' notice. 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 Premises. • Recommendation: Approval • Revenue restrictions: The City funded the acquisition of the Property in partnership with the Commonwealth of Virginia (the "Commonwealth"). The proceeds from each annual rent payment in the amount of $125.00 will be received and fifty percent (50%) of the amount will be deposited for appropriation in future Capital Improvement Program capital budgets in #9-059, Oceana Interfacility Traffic Area Conformity and Acquisition II, and fifty percent (50%) will be deposited for future payment by the City Manager to refund the Commonwealth's portion in accordance with the grant agreement. Should the City sell the Property in the future, the grant agreement provides that the amount to be refunded to the Commonwealth will be reduced by the interim payments made. • Attachments: Disclosure Statement Ordinance Summary of Terms Location Map Recommended Action: Approval Submitting De• .rtment/Agency: Public Works/Facilities Management L.-- City Manager. 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE OF A 7+/- ACRE 3 PORTION OF CITY-OWNED FARM LAND 4 LOCATED AT 2848 INDIAN RIVER ROAD (THE 5 "SCHOOL FARM") FOR UP TO FIVE (5) YEARS 6 WITH DAWLEY FAMILY FARMS, LLC 7 8 WHEREAS, the City of Virginia Beach (the "City") is the owner of the property 9 located at 2848 Indian River Road in Virginia Beach, Virginia (the "Property"); 10 11 WHEREAS, the City acquired the Property pursuant to the ITA Acquisition 12 Program, an element of the City's BRAC response program through a partnership with 13 the Commonwealth of Virginia (the "Commonwealth"), with each party contributing 50% 14 of the funds; 15 16 WHEREAS, the City has no immediate use for the Property, but recognizes that 17 7 +1- acres of the Property is suitable for farming (the "Premises"). Farming of the 18 Premises would be of benefit to the City, since it would alleviate the City's maintenance 19 responsibilities and further keep the Premises from devolving into undesired wetlands; 20 21 WHEREAS, Dawley Family Farms, LLC ("Dawley") would like to enter into a 22 lease with the City to utilize the Premises for farming and related agricultural purposes; 23 and 24 25 WHEREAS, Dawley has agreed to pay the City an initial rental rate of $1.00 and 26 a renewal rate of$125.00 per year for the use of the Premises. 27 28 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 29 OF VIRGINIA BEACH, VIRGINIA: 30 31 That the City Manager is hereby authorized to execute a lease for an initial one- 32 year term and four one-year renewal terms between Dawley Family Farms, LLC and the 33 City for the Premises, in accordance with the Summary of Terms attached hereto as 34 Exhibit A and made a part hereof, and such other terms, conditions or modifications as 35 may be acceptable to the City Manager and in a form deemed satisfactory by the City 36 Attorney. 37 38 Further, that revenue from the lease of the Premises in the annual amount of 39 $125.00 shall be received and fifty percent (50%) of this amount shall be deposited for 40 appropriation in future Capital Improvement Program capital budgets in #9-059, Oceana 41 Interfacility Traffic Area Conformity and Acquisition II, and fifty percent (50%) shall be 42 deposited for future payment by the City Manager to refund the Commonwealth's 43 portion in accordance with the grant agreement. 44 45 This ordinance shall be effective from the date of its adoption. 46 47 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 48 , 2017. APPROVED AS TO CONTENT APPROVED AS TO CONTENT ,6 (7- Do,„) Qc Public Works/Facilities Management Budget and Management Services APPROVED AS TO LEGAL SUFFICIENCY AND FORM 10-0)/A:hq pe\-/ City Attorney eV CA13838 R-1 June 7, 2017 EXHIBIT A SUMMARY OF TERMS LEASE FOR A 7+/- ACRE PORTION OF CITY-OWNED FARM LAND LOCATED AT 2848 INDIAN RIVER ROAD LESSOR: City of Virginia Beach LESSEE: Dawley Family Farms, LLC PREMISES: 7 +1- acres of farm land located at 2848 Indian River, a portion of GPINs 1493-43-2693 and 1493-43-0050 TERM: Initial Term June 1, 2017 — December 31, 2017 Renewal Term 1 January 1, 2018 — December 31, 2018 Renewal Term 2 January 1, 2019 — December 31, 2019 Renewal Term 3 January 1, 2020 — December 31, 2020 Renewal Term 4 January 1, 2021 — December 31, 2021 RENT: Rent of $1.00 for the Initial Term and $125.00 per year for each Renewal Term. Rent for the initial term is nominal to allow the tenant time to make necessary adjustments to the land. RIGHTS AND RESPONSIBILITIES OF LESSEE: • Pay all leasehold taxes. • Use Premises for agricultural purposes such as farming, and for no other purpose. • Maintain Premises in a good farm-like manner, including prevention of deterioration or waste accumulation. • Keep all equipment and improvements placed upon Premises in a safe, clean and orderly condition. • Purchase and maintain insurance coverage acceptable to the City. RIGHTS AND RESPONSIBILITIES OF CITY: • City may enter upon the Premises without written prior notice, after it has been determined that an emergency exists. TERMINATION: • City may terminate upon: (a) thirty (30) days' notice if the Premises is not maintained in a farm-like manner or if allowed to deteriorate; and (b) ninety (90) days' notice for any reason, subject to a mutually agreed upon sum to cover any planted crop unable to be harvested due to the City's termination. LOCATION MAP - j y f 1 ,. c.;'.. aft ';,k,.;,••rr (� 1 fir. _ t Now-ma . t_�• �,:• 'Nx - 4A, dip• ' v yx•- �w.�., .n .4 s nl w' w i tZ T !" o r �z �%, �` , r • 4 i '-#'!�/ 1 School Farm - 2848 Indian River Road �, Portions of GPINs: 1493-43-2693 & 1493-43-0050 .:11:4 ' 1 i... -, A . ,. .,„ toilo,,,. , • • :1;! • a` CI ♦ • '6, -t o� �s •.. y , n • •'' , ..,;::;,,Orrt't.4.f‘4,,,:t.,,:, . ., t ... , ,.„. •r,„, N•1_- : 4...,.. 00..", S i[t!' .. j.- . fr ' .w. :�' i.....9 "' std; iltilo -s i To North Landing Road y► R•- an R ^t= a- . - ,,, , r t - �vP' Road s •• .�� . t" 1 .�lfr= „, ,r,r {"f.+.!," • Y 4 ''T'4,+ ,, f- --4',` ., 77°1 r `Z 4.i.,,,,,,...1%,...1.,1144 r {.�iir a i 4'" },,`l` 4y .baa, k .♦• • r :r c,"/, _; ,, a to. y �y7� Y 2 4 -. { F,,t;,,.....4:4!.•• fir`,`r* n•R.` , i. Se. f': y k : • .♦� : .. r+5' �i.�' •L,t. S 1. �.I Z . ' -- Y 7 a {: �€ :- .'. "S ,�•+x . 1.•••.,•"11-4-:,,,..',N.S:, #� L..I'l4rw Nom£. .�1 # F s ''. MAP SHOWING LOCATION OF PROPOSED FARM AREAS TO BE LEASED BY DAWLEY FAMILY FARMS, LLC AND FARM LAND CURRENTLY FARMED BY DAWLEY FAMILY FARMS, LLC '"%c, %c,ad _0. Ballfield Farm: Proposed lease to the Dawleys. Y ia>� '"T�"'Rd pry...BeachM.Lon07 Golf CI., Beach Prrntess Aon pa IA ,. viecrr.aaenl MUNICWM it. CENTER ` 'fir s a *a 06,1,4 9'6 � t& Nord` Oa. 4 K °O 'Tn "r. O' (,��` Herm Podge r.,. a>' Cr,S WII wr1"'"' II School Farm: Proposed lease to z 3 the Dawleys. a ��'�tl osr:rd,aoq r..a 601 R I'I HA tom::. . : Currently farmed by the >m Dawleys. 4-- f)TU1i r cronft Corpsator (try Virginia Beach APPLICANT'S NAME _LoLe8� Gmil IYU-M SLC DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications 1 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 • 0 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 5 PlanningCommission and City Council meeting that pertains to the application(s). o APPLICANT NOTIFIED OF HEARING DATE: 0 NO CHANGES AS OF DATE 0 REVISIONS SUBMITTED DATE. 1B044 Virginia Beach O Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Er Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:_gt`eIc4 FFaVY"14 AI,'v CV - If an LLC, list all mbe5's namgs:, ((a, -1-4Sc , w I c{ l/v� j r n c i ck Oc yi e/ 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 1 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. O 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 5 111)1304.4, 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 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 (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 5 MAori Virginia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) Accounting and/or preparer of your tax return O Er Architect/ Landscape Architect/ Land Planner Contract Purchaser(if other than O Er 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) 07 Construction Contractors Engineers/ Surveyors/Agents Financing (include current Etmortgage holders and lenders L=1 selected or being considered to provide financing for acquisition ^ or construction of the property) / ❑ LY Legal Services Real Estate Brokers / Agents/Realtors for current and anticipated future sales of the subject property 4 6 SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO oes 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 5 12B0,po 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. u /"AdPLIC SIGNATURE PRINT NAME DATE PROPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 5 of 5 Hu ee,� moo`` }c7 s CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Appointing Three (3) Viewers for One-Year Terms Beginning July 1, 2017, to View Each Street or Alley Proposed to be Closed MEETING DATE: June 20, 2017 • Background: Pursuant to authority granted to the City of Virginia Beach by the General Assembly during its 1997 Session, City Council, by ordinance adopted June 23, 1998, added § 33-111.2 to the City Code, which provides for the appointment of three (3) viewers for one-year terms, beginning July 1 of each year, to view each and every street or alley proposed to be altered or vacated during the terms of such viewers. • Considerations: Because the terms of the current viewers expire on June 30, 2017, it is necessary to appoint viewers for one-year terms beginning July 1, 2017. • Public Information: This ordinance will be advertised as a routine agenda item. • Attachments: Ordinance Recommended Action: Approval Submitting Departm gency: Department of Planni City Manager: ,y 1 AN ORDINANCE APPOINTING THREE (3) VIEWERS FOR 2 ONE-YEAR TERMS BEGINNING JULY 1, 2017, TO VIEW 3 EACH STREET OR ALLEY PROPOSED TO BE CLOSED 4 5 WHEREAS, Section 33-11.2 of the City Code provides that "[t]hree (3) viewers 6 shall be appointed each year to serve terms of one year beginning July 1 to view each 7 and every street or alley proposed to be altered or vacated during the term;" and 8 9 WHEREAS, it is the desire of City Council to appoint the Directors of the 10 Departments of Planning, Public Works and Parks and Recreation to serve as viewers 11 for one-year terms, beginning July 1, 2017 and ending June 30, 2018. 12 13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 14 VIRGINIA BEACH, VIRGINIA: 15 16 That the Director of Planning, Director of Public Works and Director of Parks and 17 Recreation of the City of Virginia Beach are each hereby appointed as a viewer to serve 18 a one-year term beginning July 1, 2017 and ending June 30, 2018, to view each and 19 every application to close a street or alley, and to report in writing their opinion of what 20 inconvenience, if any, would result from discontinuing the street or alley or portion 21 thereof. 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: 4.110Priirid ISA/4_1r- A � 7 Barry Frankenfi •Id Roderick R. Ingram Department of ' lanning City Attorney's Office CA14077 R-1 May 30, 2017 „0-4...„ 4 Iry 71/2** l” ,.,.,,,.:y i��w NJ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Opposing Offshore Oil and Gas Exploration, Including Seismic Testing MEETING DATE: June 20, 2017 • Background: The City Council, in 2010, adopted a resolution supporting offshore oil and gas exploration with royalty payments to Atlantic Coast states. In 2015, several local business organizations and Council-appointed advisory agencies urged the City Council to oppose offshore oil and gas exploration, including the Resort Advisory Commission, the City's Green Ribbon Committee, the Virginia Aquarium Foundation, Lynnhaven River NOW, the Virginia Beach Hotel Association, and the Virginia Beach Restaurant Association. The Princess Anne Garden Club, the Virginia Beach Garden Club, the Sandbridge Civic League and the Resort Beach Civic League are also in opposition. These organizations oppose exploration offshore of the City's coastline due to the vulnerability of the coast and beaches to catastrophes that could adversely impact the City's tourism industry for decades. In 2015, the City Council repealed its 2010 ordinance in support of offshore energy exploration and adopted a resolution which set forth a neutral position on offshore energy exploration. The Department of Defense has updated its 2010 findings on outer continental shelf oil and gas activities, noting new mission requirements, including expanded weapon and sensor footprints, and operational concerns in the Mid- Atlantic Planning Area that includes areas off of Virginia Beach's coastline. In late 2016, the Resort Advisory Commission reaffirmed its opposition to oil and gas exploration and also asked City Council to oppose seismic testing. The tourism industry is vital to the City's economic prosperity, accounting for $1.4 billion in annual tourism revenue, nearly 13,000 tourism-supported local jobs, and $55 million in tourism-related taxes. A Deepwater Horizon-type incident could cripple the City's economy for decades. • Considerations: This resolution provides that City Council opposes offshore oil and gas exploration, including seismic testing, off of the City's pristine coastline. • Public Information: Public information will be provided through the normal Council agenda process. • Attachment: Resolution Requested by Councilmember Uhrin, Mayor Sessoms, Vice Mayor Jones, and Councilmembers Davenport, Dyer, Henley, Wilson and Wood REQUESTED BY COUNCILMEMBER UHRIN, MAYOR SESSOMS, VICE MAYOR JONES AND COUNCILMEMBERS DAVENPORT, DYER, HENLEY, WILSON AND WOOD A RESOLUTION OPPOSING OFFSHORE OIL AND GAS EXPLORATION, INCLUDING SEISMIC TESTING 1 WHEREAS, the City Council, in 2010, adopted a resolution supporting offshore 2 oil and gas exploration with royalty payments to Atlantic Coast states; 3 4 WHEREAS, in 2015, several local business organizations and Council-appointed 5 advisory agencies urged the City Council to oppose offshore oil and gas exploration, 6 including the Resort Advisory Commission, the City's Green Ribbon Committee, the 7 Virginia Aquarium Foundation, Lynnhaven River NOW, the Virginia Beach Hotel 8 Association, and the Virginia Beach Restaurant Association; the Princess Anne Garden 9 Club, the Virginia Beach Garden Club, the Sandbridge Civic League and the Resort 10 Beach Civic League also oppose offshore oil and gas exploration; 11 12 WHEREAS, these organizations oppose exploration offshore of the City's 13 coastline due to the vulnerability of the coast and beaches to catastrophes that could 14 adversely impact the City's tourism industry for decades; 15 16 WHEREAS, in 2015, the City Council repealed its 2010 ordinance in support of 17 offshore energy exploration and adopted a resolution which set forth a neutral position 18 on offshore energy exploration; 19 20 WHEREAS, the Department of Defense has updated its 2010 findings on outer 21 continental shelf oil and gas activities, noting new mission requirements, including 22 expanded weapon and sensor footprints, and operational concerns in the Mid-Atlantic 23 Planning Area that includes areas off of Virginia Beach's coastline; 24 25 WHEREAS, in late 2016, the Resort Advisory Commission reaffirmed its 26 opposition to oil and gas exploration and also asked City Council to oppose seismic 27 testing; 28 29 WHEREAS, the City highly values the United States Navy and other armed 30 forces that conduct activities off of the City's coastline; 31 32 WHEREAS, the tourism industry is vital to the City's economic prosperity, 33 accounting for $1.4 billion in annual tourism revenue, nearly 13,000 tourism-supported 34 local jobs, and $55 million in tourism-related taxes; 35 36 WHEREAS, for the good of all of our residents, the City of Virginia Beach must 37 continue to protect and build upon our status as one of the East Coast's premier resort 38 cities and a highly valued partner with the Navy; 39 40 WHEREAS, the speculative benefit of oil and gas exploration and drilling is not 41 worth the risk of a Deepwater Horizon-type incident that could cripple the City's 42 economy for decades. 43 44 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 45 OF VIRGINIA BEACH: 46 47 That the City Council hereby opposes offshore oil and gas exploration, including 48 seismic testing, off of the City's pristine coastline. Adopted by the Council of the City of Virginia Beach this day of , 2017. APPROVED AS TO LEGAL SUFFICIENCY: G K, (,,7 --.. Deputy City Attorney erick R. Ingram City Attorney's Office CA14090 R-1 June 13, 2017 H1 Sl vy CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Amend City Council Resolution 03612, Which Directed the City Manager to Recoup Certain Expenses Related to Special Events MEETING DATE: June 20, 2017 • Background: On May 14, 2013, City Council adopted Resolution 03612 directing the City Manager to recoup certain expenses related to special events ("Cost Recovery Resolution"). The Cost Recovery Resolution established procedures for the City Manager to recover certain expenses for special events held on public property. Many special events require some form of City services, such as road closures, traffic control, security, emergency services utility connections and clean up. Section 1 (c) of the Cost Recovery Resolution stated that if an applicant for a special event permit elects to use the City to perform safety standards and support services, a cash deposit of 50% of the estimated City costs or a bond for 50% of the estimated City costs is required. • Considerations: The Convention and Visitors Bureau proposes to amend the Cost Recovery Resolution to permit the City to waive the cash deposit or bond requirement, at the City's sole discretion, if an applicant has paid all City invoices for safety standards and support services, in full, within ninety days of the conclusion of the special event, for the prior two consecutive events for which the applicant obtained special event permits. The City has long-standing relationships with many of the entities that offer special events in Virginia Beach. Many of these entities have established histories of paying City invoices for City services in a timely manner. Entities often do not have the means to pay a cash deposit or bond prior to the date of the special event. The events typically generate revenue which is then used to pay event expenses, including City services. • Public Information: Public information will be provided through the normal Council agenda process. • Attachments: Resolution and Exhibit 1, Redline of Proposed Amendments to the City Council Resolution 03612 Recommended Acti• . A dopt Resolution Submitting De• • ;ent/A,ency: Convention and Visitors Bureau A r: City Manager: 1 A RESOLUTION TO AMEND CITY 2 COUNCIL RESOLUTION 03612, 3 WHICH DIRECTED THE CITY 4 MANAGER TO RECOUP CERTAIN 5 EXPENSES RELATED TO SPECIAL 6 EVENTS 7 8 WHEREAS, on May 14, 2013, City Council adopted Resolution 03612 directing 9 the City Manager to recoup certain expenses related to special events ("Cost recovery 10 Resolution"); and 11 12 WHEREAS, the Cost Recovery Resolution established procedures for the City 13 Manager to recover certain expenses for special events held on public property; and 14 15 WHEREAS, many special events require some form of City services, such as 16 road closures, traffic control, security, emergency services utility connections and clean 17 up; and 18 19 WHEREAS, Section 1 (c) of the Cost Recovery Resolution stated that if an 20 applicant for a special event permit elects to use the City to perform safety standards 21 and support services, a cash deposit of 50% of the estimated City costs or a bond for 22 50% of the estimated City costs is required; and 23 24 WHEREAS, the Convention and Visitors Bureau ("CVB") proposes to 25 amendment the Cost Recovery Resolution to permit the City to waive the cash deposit 26 or bond requirement, at the City's sole discretion, if an applicant has paid all City 27 invoices for safety standards and support services, in full, within ninety days of the 28 conclusion of the event, for the prior two consecutive special events for which the 29 applicant obtained special event permits; and 30 31 WHEREAS, the City has long standing relationships with many of the entities that 32 offer special events in Virginia Beach and many of these entities have established 33 histories of paying City invoices for City services in a timely manner; and 34 35 WHEREAS, entities often do not have the means to pay a cash deposit or bond 36 prior to the date of the special event; and 37 38 WHEREAS, the CVB proposes to add the following sentence to Section 1 (c) of 39 Resolution 03612: 40 41 The City may waive the aforementioned cash deposit or bond 42 requirement, at the City's sole discretion, if an applicant has paid all City 43 invoices for safety standards and support services, in full, within 90 days 44 of the conclusion of the special event, for the prior two consecutive special 45 events for which the applicant obtained special event permits. 46 47 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 48 VIRGINIA BEACH, VIRGINIA: 49 50 (1) That City Council Resolution 03612 is hereby amended to read as set forth in 51 the attached Exhibit 1, Redline of Proposed Amendment to City Council 52 Resolution 03612, a true copy of which is attached hereto; and 53 54 (2) Except as modified herein, City Council Resolution 03612 shall remain in full 55 force and effect. 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: A-Z4 /� 3. Mike Eason Aimee Sullivan Convention and Visitors Bureau City Attorney's Office CA14060 R-1 June 5,2017 1 A RESOLUTION TO DIRECT THE CITY MANAGER TO RECOUP CERTAIN 2 EXPENSES RELATED TO SPECIAL EVENTS 3 WHEREAS, the City of Virginia Beach hosts hundreds of special events annually, which draw participants and 4 spectators who raise contributions to support nonprofit organization or contribute to the local economy and often provide 5 additional revenue to the City and the community; 6 7 WHEREAS, many special events held on public property require some form of city services, such as road closures, 8 traffic control, security, contingencies for emergency services, utility connections, and clean up resulting in additional costs, 9 which city operational departments are asked to absorb; 10 11 WHEREAS, the increase in special event permits and request for City services has placed a financial burden on 12 departmental budgets and less funding for other City functions and services; 13 14 WHEREAS, recouping a portion City expenses related to certain special events should reduce the economic burden 15 placed on City departments as a result of providing support services for special events; 16 17 WHEREAS, as currently written, Section 4-1 of the City Code provides the recoupment of expenses related to 18 special events is discretionary; 19 20 WHEREAS, to provide clarity and align the City's policies with that of other municipalities, the Council desires to 21 direct the City Manager to recoup certain expenses. 22 23 NOW,THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,VIRGINIA: 24 25 1. That, subject to the exceptions provided in Section 4-1 of the City Code, the City Manager or his designee is 26 hereby directed to implement the following procedure for recouping City expenses related to special events: 27 28 a. For all events, the applicant shall be provided a list of safety standards and service requirements needed to 29 obtain a special event permit. Any determination of the level of services required to support a particular 30 event shall be at the discretion of the City Manager or designee; 31 32 b. At the applicant's request, the City will provide an estimated cost for City personnel and equipment to 33 perform all safety standards and service requirements for the event. The applicant shall have the option of 34 hiring contractors to perform such support requirements in lieu of the City providing such services, provided 35 the applicant meets the required safety standards and levels of service; 36 37 c. If the applicant elects to use the City to perform the safety standards and support service requirements for the 38 special event permit a cash deposit of 50%of the estimated City costs or a bond for 50%of the estimated City 39 costs will be required. The City may waive the aforementioned cash deposit or bond requirement, at the 40 City's sole discretion, if an applicant has paid all City invoices for safety standards and support services, in full, 41 within 90 days of the conclusion of the special event, for the prior two consecutive events for which the 42 applicant obtained spe( ,,. ,,,` In the event that actual City costs were less than the amount of a 43 cash deposit,the applicant will be entitled to a refund. 44 45 d. For events hosted by City departments or on behalf of City departments by the department's contractor(s), no 46 recoupment is required; 47 48 e. Due to the personnel costs and duration, stationary event street closures shall be responsible for the 49 recoupment of all City expenses and shall not be eligible for the credit described in subsection f; 50 51 f. Because of special events held on public property are an amenity to the residents of the City and provide 52 publicity of the City's resources and advantages, special events will be entitled to a credit of up to $3,000 of 53 the actual cost to the City to provide safety standards and support service requirements. Should the City's 54 costs exceed $3,000, the applicant may request an additional credit of up to 50% of the City's support costs 55 based on City tax revenues generated by event participants attending from at least 50 miles away. The 56 amount of the 50% portion of the credit shall be based on the average overnight spending calculated by the 57 City's Convention and Visitors Bureau and any doubt with regard to such determination shall be resolved in 58 the favor of the City. 59 60 2. That the effective date of this resolution is January 1,2014. 61 62 Adopted by the City Council of the City of Virginia Beach,Virginia,on this 14th day of May,2013. p�,Nw .r It; CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Direct the City Manager to Undertake a Traffic Noise Evaluation along Northampton Boulevard at the Lake Shores Neighborhood and Report the Results of Such Evaluation to the Virginia Department of Transportation MEETING DATE: June 20, 2017 • Background: Many new road projects include elements intended to reduce traffic noise impacts. More established roads in the City may have the same need for noise mitigation. The City Council has received a request from the Lake Shores Neighborhood to review the current levels of traffic noise. The Virginia Code (§ 33.2- 276(C)) permits the governing body of a locality to designate certain highways for noise analysis. Once complete, the results of the analysis can be forwarded to the Virginia Department of Transportation (VDOT). • Considerations: Northampton Boulevard serves as the primary connector from Interstate 64 and the Eastern Shore of Virginia, and because of this use, the highway creates traffic noise impacts. The attached resolution directs the City Manager to undertake a traffic noise evaluation of Northampton Boulevard at the Lake Shores Neighborhood. Once compete, the results of such evaluation are to be forwarded to VDOT. The resolution further urges the Commonwealth Transportation Board to fund noise abatement if the results of the evaluation suggest the need for such remediation. • Public Information: Public information will be provided through the normal Council agenda process. • Attachments: Resolution; Exhibit (Map) REQUESTED BY VICE MAYOR JONES REQUESTED BY VICE MAYOR JONES 1 A RESOLUTION TO DIRECT THE CITY MANAGER TO 2 UNDERTAKE A TRAFFIC NOISE EVALUATION ALONG 3 NORTHAMPTON BOULEVARD AT THE LAKE SHORES 4 NEIGHBORHOOD AND REPORT THE RESULTS OF 5 SUCH EVALUATION TO THE VIRGINIA DEPARTMENT OF 6 TRANSPORTATION 7 8 WHEREAS, Northampton Boulevard is a roadway maintained by the Virginia 9 Department of Transportation (VDOT) with the marking Route 13; and 10 11 WHEREAS, the City Council has received requests from the Lake Shores 12 Neighborhood asking the City to petition the Commonwealth Transportation Board to 13 fund a noise abatement project along Northampton Boulevard; and 14 15 WHEREAS, the Code of Virginia permits a governing body of a locality to 16 designate certain highways for noise analysis and to report the results of such 17 evaluation to VDOT; and 18 19 WHEREAS, the Council believes that it serves the public interest to seek 20 mitigation of sound impacts along major corridors of the City such as Northampton 21 Boulevard. 22 23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 24 OF VIRGINIA BEACH, VIRGINIA, THAT: 25 26 The City Council hereby directs the City Manager to undertake a traffic noise 27 evaluation along Northampton Boulevard at the Lake Shores Neighborhood. A copy of 28 a map of the affected portion of Northampton Boulevard is attached hereto and 29 incorporated as Exhibit A. After completion, the Manager is to report the results of the 30 evaluation to VDOT. 31 32 BE IT FURTHER RESOLVED, THAT: 33 34 If the results of the traffic noise evaluation suggest sound walls or other noise 35 mitigation efforts are appropriate, the City Council urges the Commonwealth 36 Transportation Board to fund the appropriate noise abatement project. Adopted by the City Council of the City of Virginia Beach, Virginia the day of , 2017. AP—0 O D AS TO LEGAL SUFFICIENCY: Dana H; -yer City Attorney's Office CA14076 R-1 May 25, 2017 a 1, ' : \-0 \j mill (:::1' . • eft 41 ' CIL 7-, , :,,,,,, _, ,:_/,__, , , . _, .....,... . i iii 4 0 ow+, , - i ilil vA. °: 3'9 ,, frairds � IPA 020 a _ -. A ' .4, tAlrel rah . _ .„33 t. , *:,_ :--- - ..... ml,,,,,,..- i 3 .. On UV ONO, 6) . lii,A.Zip,"/ flleiw X ?. i4 *tot,A - -- - ' 111.41pai -fteli:-,_1_15-47 ILw9 - Ipj i'i) v . �si: . 1 .C+, iozzr04.1a � .t © om ki 14/4,- " ti ! Ajbl • ill ° co 1 mots. , _ eat � y �� iW-i *1e � � o_ � mo . -or 41 MP atirla • Z/ cit.- in ao 41,47. 4wit Nei--4404.0 4firo ' . ( ` --'r L '-' 1;IDC2:40 CI,* ilk* eta'. It 'ir ' '. a a ./171:0, ' ,' Criprop,,- ` 1 eltle,, 1Z481 o . . ,M • .. G o © � ;'moi t_ 40 1.!*ti,40.4p#0•4* LI 4* et 5P .4ir gyp **AO 4 ..* 4 ,o ' ��.il* , � % ,etr<> 4 4P4 .- 44111.0 Ifa &,ii . . , 0 7,7;0*,,' , 4> 4!zrte•- . 4,x, q '''' ni4501° *71), `, - .D AL 00,4S*'' 0130 k -Nlio,c) Vrtar4Zallaskr)--- ------ 6 4 41/4, "* -- ;!, ,mez-_,F,-----..°111111:3rP '---.-..°# a. 1413izI t). -. 74t°' Li d Quip �_ � E ,/ �11111rt ? • - a- 19] . .iDitCLD, ia *4Z'Q' filig 0 ° C \'(5 CO Ai r_11--,-' a w ovii -c-il- c73:3 iitwoa_ 'Irl 4.-117 i•cc- -4 lc: Nililly;46 r Ilk oilow , 00 .,., op 0 ,:. „ 0 mik. AZ i 3 ,141\- Lq: Ilk '36 111.010 o Q . agiJ �. • o a .c At 401** O • o ��likt,j' �i � r� r�0 Ii _r, <- ... (.-1->, "IOW lW.;), i, • EXHIBIT A: L'''' -, ° � LAKE SHORES AREA * . : n', ' u Akr: QQ • � os`r Li. o� 4, 0 500 . ^ 1,000 p (, . ' - *inning'.. in o Prepared by P.W./Eng./Eng. Support Services Bureau 5/29/2017 X:\CADD\Projects\ARC Files\AGENDA MAPS\Northampton Soundwalls ANuBFa 44; � CITY OF VIRGINIA BEACH AGENDA ITEM 11 ITEM: An Ordinance to Appropriate Sheriff's Office Special Revenue Fund Balance to the Sheriff's Office FY 2016-17 Operating Budget MEETING DATE: June 20, 2017 • Background: The Sheriff's Office FY 2016-17 Operating Budget will need additional funding as a result of annual and sick leave payouts. These payouts of annual and sick leave are from retirements, resignations, and dismissals. The substantial total is the result of years of compensatory leave buildup. Of the amount required, $573,802, there are vacancy savings in the Sheriffs Office Budget to pay for a portion, but the remaining funding needed is $336,375. This amount is available from fund balance in the Sheriff's Office Special Revenue Fund. • Considerations: As a result of this action, it is anticipated that the Sheriff's Operating Budget will be sufficient to cover all remaining expenditures through the end of the current fiscal year. • Public Information: Public information will be handled through the normal Council Agenda notification process. • Attachment: Ordinance Submitting Depa m- a Agency: Sheriff's Office City Manager: git, 1 AN ORDINANCE TO APPROPRIATE SHERIFF'S 2 OFFICE SPECIAL REVENUE FUND BALANCE TO 3 THE SHERIFF'S OFFICE FY 2016-17 OPERATING 4 BUDGET 5 6 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 7 VIRGINIA BEACH, VIRGINIA, THAT: 8 9 $336,375 is hereby appropriated from fund balance in the Sheriff's Office 10 Special Revenue Fund, with estimated revenues increased according, to the Sheriff's 11 Office FY 2016-17 Operating Budget to pay annual and sick leave payouts. 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 ar eyer Budget and Management Services City Attorney's Office CA14085 R-1 June 7, 2017 itSyr DC7 4 � i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate $150,000 to the Sheriffs Office FY 2017-18 Operating Budget and to Authorize 1.38 FTEs to Expand the In-House Fresh Favorite Inmate Meals Program MEETING DATE: June 20, 2017 • Background: During FY 2010-11, the Sheriff's Office began operating the in- house program of Fresh Favorites. The Fresh Favorites program allows inmates to purchase a freshly cooked upgraded meal in addition to their standard inmate meal. This service is currently offered once a week and nets $130,000 annually in excess revenue. • Considerations: The Sheriffs Office wants to increase the frequency of the Fresh Favorites program to three times per week, which would net an additional $150,000 profit annually. The Sheriff's Office is requesting an additional Canteen Food Service Assistant (1.00 FTE) to facilitate the increase in services. Additionally, the Sheriff requested that 1.62 in part-time FTEs be converted to 2.00 full time FTEs, to meet the increase in accounting and human resource functions associated with the program expansion. These positions will result in a net increase of 1.38 FTEs and additional personnel costs of $52,648 in the Sheriff's Office FY 2017-18 Operating Budget. The additional analysis of this program expansion resulted in the creation of a funding source, which would cover iiscosts. The projected $150,000 revenue increase will fund the additional personnel costs and provide an additional $97,352 for the food services contract. The ordinance would be effective July 1, 2017. • Public Information: Public information will be handled through the normal Council Agenda notification process. • Attachment: Ordinance Submitting Dep. m- + !ency: Sheriffs Office City Manager: 1 AN ORDINANCE TO APPROPRIATE $150,000 TO 2 THE SHERIFF'S OFFICE FY 2017-18 OPERATING 3 BUDGET AND TO AUTHORIZE 1.38 FTES TO 4 EXPAND THE IN-HOUSE FRESH FAVORITES 5 INMATE MEALS PROGRAM 6 7 WHEREAS, the Sheriff's Office is seeking to expand the in-house Fresh 8 Favorites inmate meals program from once a week to three times a week, which will 9 result in additional revenue sufficient to cover the additional personnel and operating 10 costs of the program. 11 12 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 13 VIRGINIA BEACH, VIRGINIA, THAT: 14 15 1. $150,000 is hereby appropriated to the Sheriff's Office FY 2017-18 Operating 16 budget, with estimated revenues increased accordingly, which will be used to fund the 17 expansion cost of the Fresh Favorites inmate meals program. 18 19 2. An additional 1.38 FTEs consisting of one new and the conversion of two part- 20 time positions to full-time positions are authorized in the Sheriff's Office FY 2017-18 21 Operating Budget. 22 23 3. The effective date of this ordinance is July 1, 2017. 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 Bc 0,6 Am, David Bradley 9-- • - a ey-r Budget and Management Services City A'orney's Office CA14088 R-1 June 9, 2017 S,0,Nu B�11 CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: An Ordinance to Accept and Appropriate State Funds for Opioid Prevention, Treatment, and Recovery MEETING DATE: June 20, 2017 • Background: The Commonwealth of Virginia is experiencing an opioid epidemic. According to the Richmond Times-Dispatch, 1,133 Virginians died from opioid overdoses in calendar year 2016. Along with substance abuse treatment and a program called REVIVE!, which teaches any interested party how to administer naloxone to prevent an overdose death, the Virginia Department of Behavioral Health and Developmental Services is investing in substance abuse prevention strategies in the community that include: • Coalition capacity building; • Community mobilization; • Recruitment and engagement; and • Facilitating systems of care linkages. On May 5, 2017, the City, through its Department of Human Services, was awarded $25,000 in one-time state funding to implement the evidenced-based strategies listed above. • Considerations: This one-time funding of $25,000 to implement evidence- based coalition development strategies does not require additional General Fund support or a local match. Due to the timing of the award, funds appropriated for this purpose will be carried forward into FY 2018. • Public Information: Public information will be provided through the normal Council Agenda process. • Recommendations: Approval of Ordinance • Attachment: Ordinance Recommended Action: Approval , J Submitting De, - : Agency: Department of Human Service City Manager: h. 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE STATE 2 FUNDS FOR OPIOID PREVENTION, TREATMENT, AND 3 RECOVERY 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA THAT: 7 8 $25,000 in State revenue from the Virginia Department of Behavioral Health and 9 Developmental Services (DBHDS) is hereby accepted and appropriated, with estimated 10 State revenues increased accordingly, to the Department of Human Services FY 2016- 11 17 Operating Budget to implement evidence-based coalition development strategies in 12 response to the opioid epidemic occurring throughout the State including coalition 13 capacity building, community mobilization, recruitment and engagement and facilitating 14 systems of care linkages. 15 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: (71 David Bradley Dana H- m-ye Budget and Management Services City Attorney's Office CA14082 R-1 June 6, 2017 1-1 fit 15; 's0 i-0 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate State Funds for a Gap Analysis of Adult Outpatient Same Day Access MEETING DATE: June 20, 2017 • Background: In Spring of 2015, the Virginia Department of Behavioral Health and Developmental Services (DBHDS) began a comprehensive study of the public behavioral health and developmental services delivery system across Virginia and developed the System Transformation, Excellence and Performance in Virginia (STEP VA) initiative. The key elements of STEP VA are: • Excellence in behavioral healthcare; • Emphasis on population health and wellness; • Integration of behavioral health and primary health; and • Sustained, strategic investment in community services and supports. STEP VA is funded at the state level by a combination of federal funds granted to the state from the Substance Abuse and Mental Health Services Administration and State general funds. On April 28, 2017, DBHDS announced allocations of funding for a STEP VA initiative to support same day access to Adult Outpatient services provided by Community Services Boards across the State. The City of Virginia Beach was awarded $26,760 in one-time state funding to perform a gap analysis of service delivery and intake timeliness. • Considerations: This one-time funding of $26,760 does not require additional City General Fund support. Due to the timing of the award, funds appropriated for this purpose will be carried forward into FY 2017-18. • Public Information: Public information will be provided through the normal Council Agenda process. • Recommendations: Approval of Ordinance • Attachment: Ordinance Recommended Action: Approval i Submitting Des - gency: Department of Human Services City Manager: ' 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE STATE 2 FUNDS FOR A GAP ANALYSIS OF ADULT OUTPATIENT 3 SAME DAY ACCESS 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA THAT: 7 8 $26,760 from the Virginia Department of Behavioral Health and Developmental 9 Services (DBHDS) is hereby accepted and appropriated, with estimated State revenues 10 increased accordingly, to the Department of Human Services FY 2016-17 Operating 11 Budget for the provision of a gap analysis of adult outpatient service delivery and intake 12 timeliness. 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 Dana armeyer Budget and Management Services City Attorney's Office CA14081 R-1 June 2, 2017 �,N x:I *-`.�'+ wa `v CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate State Funds for Peer Support Services MEETING DATE: June 20, 2017 • Background: Projects for Assistance in Transition from Homelessness (PATH) is a program that provides outreach services to individuals experiencing homelessness. In Virginia Beach, this program is provided by the Behavioral Health and Developmental Services (BHDS) Division of the Department of Human Services. Primary funding comes from a federal pass-through grant from the Virginia Department of Behavioral Health and Developmental Services (DBHDS). An important component of the services offered to individuals participating in the PATH program is Peer Support. Peer Support services are delivered by individuals, who have common life experiences with the people they are serving. Research has shown that peer support facilitates recovery and reduces health care costs. Peers also provide assistance that promotes a sense of belonging within the community. For the past several years, DBHDS has made year-end awards of state general funds to support Peer Services. These continue to be one-time funds and are not budgeted in advance. On May 8, 2017, DBHDS approved a one-time award to the City of Virginia Beach BHDS PATH program in the amount of $70,000 in response to a request for on-going funding of the Peer Support services. • Considerations: This one-time funding of $70,000 to support Peer Support services for individuals experiencing homelessness does not require additional City General Fund support. Future support for these services will be considered at a later date. Due to the timing of the award, funds appropriated for this purpose will be carried forward into FY 2017-18. • Public Information: Public information will be provided through the normal Council Agenda process. • Recommendations: Approval of Ordinance • Attachment: Ordinance Recommended Action: Approval c-. 4, ), Submitting De! - • en • ,ency: Department of Human Services City Manager: 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE STATE 2 FUNDS FOR PEER SUPPORT SERVICES 3 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA, THAT: 6 7 $70,000 from the Virginia Department of Behavioral Health and Developmental 8 Services (DBHDS) is hereby accepted and appropriated, with estimated State revenues 9 increased accordingly, to the Department of Human Services FY 2016-17 Operating 10 Budget for the provision of Peer Services in the PATH (Projects for Assistance in 11 Transition from Homelessness) Program for persons with substance use disorder(s), 12 persons who are experiencing homelessness, or persons who are at great risk of 13 experiencing homelessness. 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: it David Bradley Dana - _ -yer Budget and Management Services City Attorney's Office CA14080 R-1 June 2, 2017 K. PLANNING 1. TITAN INVESTMENT GROUP, INC. for a Subdivision Variance to § 4.4 (b) and (d) of the Subdivision Regulations re duplexes at 5024 Bonney Road and adjacent parcels DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 2. AD VENTURE WORKS, INC. and KOA, INC. for a Modification of Conditions re outdoor recreation at 1252 and 1304 Prosperity Road. DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 3. OCEAN BAY HOMES, INC. for a Special Exemption Alternative Compliance re Row Housing at 314, 316, and 318 30th Street and 2905 Arctic Avenue. DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 4. CONNIE L. HIEBERT/CONNIE and ANTHONY HIEBERT for a Conditional Use Permit re a home based wildlife rehabilitation at 2905 Bamberg Place DISTRICT 3—ROSE HALL RECOMMENDATION: APPROVAL 5. Ordinance to AMEND §111, 203, 230, 901, and 1001 of the City Zoning Ordinance (CZO) and §5.2 of the Ocean Front Resort Form-Based Code re parking requirements, conditional requirements and the establishment as a conditional use in the Business, Industrial and Oceanfront Resort Form-Based Code Districts of Craft Wineries RECOMMENDATION: APPROVAL 6. Ordinance to AMEND the 2016 Comprehensive Plan Policy document to reference and identify Seapines Station and to AMEND the Reference Handbook to ADD the Voluntary Design Guidelines for Seapines Station in reference to design components RECOMMENDATION: APPROVAL .ivik it ,..........„ ./. ...,, .„,,„., .,, . ,. 4 „,,,, „v. ,,,,,,...„. NOTICE OF PUBLIC HEARING • The regular meeting of the City Council 4 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,June 20, 2017 et 6V30 p.m.,at which time the following applications will be heard: DISTRICT 6-BEACH Adventureworks,Inc./KOA,Inc. Modification of Conditions 1252&1304 Prosperity Road (GPINS 2415882856,2415889903) DISTRICT 2-KEMPSVILLE Titan Investment Group,Inc.$ubdivision apo(Sections 4.4(b)&(d)of the Subdivision Regulations)5024 Bonney Road&Adjacent Parcel(GPINS 1467905806,1467914021) DISTRICT 3-ROSE HALL Connie L. Hiebert/Connie & Anthony Hilbert Conditional Use Permit(Home- Based Wildlife Rehabilitation Facility) 2905 Bamberg Place (GRIN 1496427970) DISTRICT 6-BEACH Ocean Bay Homes,Inc./Iris Soffee Lee, John M. Dedeian & Est. of Gerald C. Essayian Alternative Comoliance Southeast Corner of 30th Street,Arctic Avenue,&291 Street (GPINS 2418919518,2428011534, 2418919469,2428010661, 2418919579,2428010610) City of Virginia Beech-An Ordinance to Amend Sections 111, 203, 230, 901, 1001 of the City Zoning Ordinance and Section 5.2 of the Oceanfront Resort Form-Based Code Pertaining to the Definition, Parking Requirements, Conditional Requirements and the Establishment as a Conditional Use in the Business,Industrial and Oceanfront Resort Form-Based Code Districts of Craft Wineries City of Virginia Beach-An Ordinance to Amend the 2016 Comprehensive Plan Policy Document to Reference and Identify Seapines Station and to Amend the Reference Handbook to Add the Voluntary Design Guidelines for Seapines Station in Reference to Design Components All interested parties are invited to attend. Ruth Hod r,MMC City Clerk Copies of the proposed ordinances, resolutions and amendments are on file and may be examined in the Department of Planning or online at )_i11p LLwww.vttgov.Qom/oc. For information call 385-4621. If you are physically disabled or visually Impaired and need assistance at this meeting, please call the CITY CLERKS OFFICE at 3854303;Hearing impaired call 711 (Virginia Relay -Telephone Device for the Deaf). BEACON:JUNE 4&11,2017-1 TIME EACH. , \ \ ,x,, ., i;.<11- <„,..„ ,.\\ ..-, . \-------- -Arie \ l'T ) ,i/ - \\,, /). \c4 -------,1 1‘ \ 1\ lb L) c ' -"I 1 ..,----- -------\-----\ .., , ..... , i --\\ \ 0 _,----\\,---\\* \ , \ \--- ---; .,..,,, .1.--. ,,. <z / \ re4i1 \\\\ ' ..,/- \0 1 Li Clico•• '49 , F 0 - _ 0 - \\ -- A \ . \ \ / 0 .., , , \ „..., ” I 7. c:1 pr c'e 0 \ u� ), N ,:ii tom* si 4y, _.,..„ ,,„‘v,,,, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: TITAN INVESTMENT GROUP, INC. [Applicant & Property Owner] Subdivision Variance 5024 Bonney Road and the adjacent parcel to the north (GPINs 1467905806, 1467914021). COUNCIL DISTRICT— BAYSIDE MEETING DATE: June 20, 2017 • Background: The applicant is requesting a Subdivision Variance in order to rectify an illegal subdivision of the property done by deed in 1960. The parcel was divided into two lots by deed in 1960. At that time, the Princess Anne County Subdivision Ordinance required that for properties of less than five acres a plat be approved and recorded for the subdivision of property. As these parcels were under the minimum five acre requirement, a plat was required to legally subdivide the site. The applicant plans to construct a three-story duplex on each lot. Elevations of the proposed duplexes were submitted with the request. At this point in time, in order to develop the property as two separate parcels, a Subdivision Variance is required as Proposed Parcel 1 is deficient in lot width by one foot, 75 feet is required for a duplex, and proposed Parcel 2 will have a lot width of zero and will lack direct access to the public street. Both lots will meet the minimum lot area requirement for a duplex of 10,000 square feet. ■ Considerations: The area surrounding the subject site is a mix of multiple residential, office and industrial zoning districts. Permitted residential densities range from 4.4 units per acre to 24 units per acre on properties within 1,000 feet of the subject site. The applicant's proposal of four dwelling units on two lots with a resulting density of 8.16 units per acre is in keeping with what is permitted as a matter of right with regard to the R-5D Residential District, which this site and the adjacent properties to the east, west and south are all zoned. As has been the recent trend in this area of the Southern Corporate District of the Pembroke SGA, the market forces have not led to the redevelopment of the area as corporate medium-rise buildings as was originally envisioned. However, the proposed scale of this request, in Staff's opinion, is an appropriate transition from the medium-rise buildings in the northern portion of the SGA to the predominantly two-story townhouse developments of Kempsville Lakes, Bonney's Quay and Kemp's Lake to the south. Titan Investment Group, Inc. Page 2 of 3 The proposed exterior building materials of the duplexes are comparable to other similar new developments in the vicinity. This coupled with the fact that this property has two separate GPINs and has been taxed as such, Staff views this as a unique circumstance and does not see this as reoccurring in nature. Further details pertaining to the request, as well as Staff's evaluation of the request, are provided in the attached Staff report. Staff received a letter of opposition from an adjacent property owner citing concerns related to congestion and parking. • 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 10-0, to recommend approval of this request. 1. The site shall be redeveloped substantially as shown on the submitted site layout exhibit entitled, "Landscape Exhibit / Subdivision Variance Titan Investment Group, Inc.," dated April 13, 2017 and prepared by WPL Landscape Architects, Land Surveyors, Civil Engineers. Said plan has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development. 2. When the property is redeveloped, the duplex dwellings constructed shall be in substantial conformance with the architectural features, materials, size and appearance depicted on the submitted elevations entitled "PROPOSED DUPLEX," prepared by Construction Services and Management and dated April 10, 2017 and April 17, 2017. Said elevations have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning and Community Development. 3. When the property is redeveloped, plantings reflective of the size, type and location of the plantings depicted on the site layout exhibit referenced in Condition 1 shall be installed and maintained. Any dead, diseased or dying plant shall be replaced. 4. A final plat shall be recorded with the Clerk of Court depicting both Lot 1A and 2A substantially as shown on the submitted layout plan entitled, "PRELIMINARY RESUBDIVISION OF BARRON INVESTMENT, INC. AS SHOWN ON PLAT SHOWING PROPERTY TO BE CONVEYED TO LEE W. SMITH BY CHERRY ROUSE," dated February 1, 2017, prepared by WPL Landscape, Architecture, Land Surveying and Civil Engineering. Said layout plan has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development. Titan Investment Group, Inc. Page 3of3 5. Legal ingress/egress for Lot 2A shall be maintained at all times, through ingress/egress easement(s). Said easement(s) shall be depicted and recorded on the final plat. 6. When the property is redeveloped, both dwelling units on each lot shall have individual connections to City water and City sanitary sewer services, unless otherwise authorized by the Department of Public Utilities. A private utility easement deemed acceptable by the Department of Public Utilities shall be recorded to permit such connections. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Depart - - Agency: PlanningDe artm� 1/Yi" 'L Is l City Manager. 4 Applicant & Property owner Titan Investment Group, Inc., a Agenda Item Virginia Corporation Public Hearing April 12, 2017 5 ,r,,:, City Council Election District Bayside Virginia Beach Request ° v�o .q' Citrine Avenue Subdivision Variance (Sections 4.4(b) & (d) of `°\'a ` °% the Subdivision Regulations) ^ o "4,. " ,.5`� c � i6 vintlak Drive o '. o n y r°Aad r t .7. 5P ie Staff Recommendation d "� a Approval i.—*‘ta's a� ¢ aty{i 1 i fn 4 4 C oe Staff Planner +`b 1 Jimmy McNamara 9s. it n �'¢ E,,` A 4'`e P�°` 6. o alp Location � Ao' ` \� 5024 Bonney Road and the adjacent parcel to Ca F* , t , to,.�*' the north e GPINs I o`er 1467905806& 1467914021 Site Size 21,557 square feet AICUZ Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District Single-family dwelling/ R-5D Residential � ► ,, Surrounding Land Uses and Zoning Districts North w OP 'ig Parking lot/0-2 Office rl p , o South �+ ill; , Bonney Road Single-family dwellings/ R-5D Residential East i Oad � . �a ` Single-family dwellings/ R-5D Residential o��p,, West , 6 0, Single-family dwellings/ R-5D Residential ', � y Titan Investment Group, Inc., a Virginia Corporation Agenda Item 5 Page 1 Background and Summary of Proposal • City records indicate that a single-family dwelling was constructed on the subject site in 1940. In 1960, a plat was recorded that created the nearly 22,000 square-foot parcel (Map Book 49, Page 18). • On the same day in 1960, a deed was recorded that split the parcel in two, creating an approximately 11,500 square-foot (Parcel 2) (Deed Book 625, Page 242). Parcel 1 was later created by deed in September of 1967 (Deed Book 1022, Page 107). The single-family dwelling continues to exist on Parcel 1. Parcell \ \, Parcell • The Princess Anne County Subdivision Ordinance, which the sites were subject to at the time they were created by deed, required that a plat be approved and recorded for the subdivision of property, unless being subdivided into parcels of five acres or more. As these parcels were under the minimum five acre requirement, a plat was required to legally subdivide the site. Based on this, in order to develop the site as two separate parcels, a Subdivision Variance is required. • Parcel 1 currently exists as a nearly 10,000 square-foot parcel with a lot width of 74 feet and conforms to all the dimensional requirements of the Zoning Ordinance for a single-family dwelling in the R-5D Residential Duplex District of 5,000 square feet and 50 feet, respectively. • While Parcel 2 contains 11,567 square feet and conforms to the area requirement of the R-5D Residential Duplex District, it lacks direct access to a public street, so therefore has a lot width of zero. Titan Investment Group, Inc., a Virginia Corporation Agenda Item 5 Page 2 • The applicant is proposing to adjust the interior property line slightly to the north to ensure that both lots meet the minimum lot area requirement of 10,000 square feet in order to develop each parcel with a duplex. • As such,the Zoning Ordinance requires that lots developed with duplexes in the R-5D Residential Duplex district be 10,000 square feet at a minimum and have a lot width of 75 feet. The applicant is requesting variances to lot width for both Lot 1A and 2A and for the lack of direct access to a public street for Lot 2A. A ten-foot wide ingress/egress easement recorded by deed in 1966 is proposed to be replaced with a 17-foot wide ingress/egress easement along the western property line. This easement will provide vehicular access from the right-of-way to Lot 2A. Required (Duplex Dwellings) Proposed Lot lA Proposed Lot 2A Lot Width(feet) 75 74* 0* Lot Area(square feet) 10,000 10,027 11,529 *Subdivision Variances required for both lot width and direct access to a public street • A three-story duplex dwelling is proposed for each of the lots. Exterior building materials will include horizontal vinyl siding, a brick water table, with cement fiberboard eaves and trim. Cedar siding is proposed in the gable- ends. The duplex on Lot 1A will have two dwelling units that will be 2,233 square feet each and will be nearly 35 feet in height. The duplex on Lot 2A will have two dwelling units that will be 2,083 square feet each and likewise will be nearly 35 feet in height. Each dwelling unit within the duplexes will have upper floor balconies and an attached nearly 300 square-foot one-car garage. • Landscaping that will include a mix of medium evergreen trees, medium deciduous trees and small evergreen trees is proposed along the eastern property line to screen the adjacent single-family dwelling. Additional landscaping is proposed along the foundation of the buildings and alongside the proposed driveway. 0-2 / A-12 c R-Sfl `,, �o O-2' R-5D A Zoning History # Request 1 REZ(A-12 to R-5D)Approved 10/23/2003 RJ A•12 A-12 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 Titan Investment Group, Inc., a Virginia Corporation Agenda Item 5 Page 3 Comprehensive Plan Recommendations The subject property is on the southern edge of the Southern Corporate District of the Pembroke Strategic Growth Area (SGA).As the district's name implies,the 2009 Pembroke SGA Master Plan envisioned iconic corporate and commercial properties with medium-rise buildings taking advantage of prime visibility from 1-264. In early 2017,the Comprehensive Plan was amended to remove the flyover originally planned immediately behind the subject property. Since the plan was adopted in 2009,the market demand for office shifted to multi-family residential, and consequently most of the land adjacent to 1-264 has been developed into medium density apartment complexes. Although the use is not as originally envisioned,the new multi-family buildings are of a similar scale and number as the previously planned office buildings. This same pattern of development could eventually expand into the area of the subject site as parcels are assembled over time. Natural and Cultural Resources Impacts The site is located in the Chesapeake Bay watershed. There do not appear to be any significant natural or cultural resources associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Bonney Road 5,498 ADT 1 6,200 ADT 1(LOS°"C") Existing Land Use 2—10 ADT 9,900 ADT 1(LOS°"D") Proposed Land Use 3-24 ADT 'Average Daily Trips 2as defined by a single- 3as defined by two duplex dwellings °LOS=Level of Service family dwelling Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Bonney Road in the vicinity of this application is considered a two-lane undivided collector. The MTP proposes a four- lane undivided facility within a 115-foot right-of-way. There are currently no CIP projects scheduled for this segment of Bonney Road. Public Utility Impacts Water There is an existing six-inch City water main along Bonney Road. Both dwelling units on each lot must have an individual connection to City water. A private utility easement will be required to allow for connection of the lot not having roadway frontage to the public water system. Sewer There is an existing eight-inch City sanitary sewer gravity main and a 10-inch City sanitary sewer force main along Bonney Road. Both dwelling units on each lot must have an individual connection to City sanitary sewer. A private utility easement will be required to allow for connection of the lot not having roadway frontage to the public sanitary sewer system. Titan Investment Group, Inc., a Virginia Corporation Agenda Item 5 Page 4 Evaluation and Recommendation Section 9.3 of the Subdivision Regulations states: No variance shall be authorized by the Council unless it finds that: A. Strict application of the ordinance would produce undue hardship. B. The authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected. C. The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. D. The hardship is created by the physical character of the property, including dimensions and topography, or by other extraordinary situation or condition of such property,or by the use or development of property immediately adjacent thereto. Personal or self-inflicted hardship shall not be considered as grounds for the issuance of a variance. Subdivision Variances are requested to Section 4.4 (b) of the Subdivision Regulations for lot width for both lots and Lot 2A requests a variance to Section 4.4 (d), as it will not have direct access to a public street. Specifically, proposed Lot 1A will be deficient of the required minimum lot width of 75 feet for a duplex by one foot. Proposed Lot 2A will lack frontage on a public street;therefore, will have a lot width of zero, rather than the 75 feet required. The area surrounding the subject site is a mix of multiple residential, office and industrial zoning districts. Permitted residential densities range from 4.4 units per acre to 24 units per acre on properties within 1,000 feet of the subject site. In keeping with the by-right density of the R-5D zoning district that immediately surrounds the site,the applicant's proposal is to develop the site with two duplexes for a total of four dwelling units at a density of 8.16 units per acre. As has been the recent trend in this area of the Southern Corporate District of the Pembroke SGA,the market forces have not led to the redevelopment of the area as corporate medium-rise buildings as was originally envisioned. However,the proposed scale of this request, in Staff's opinion, is an appropriate transition from the medium-rise buildings in the northern portion of the SGA to the predominantly two-story townhouse developments of Kempsville Lakes, Bonney's Quay and Kemp's Lake to the south. It is Staff's view that the proposed redevelopment of this site will be of an appropriate size, scale and density to blend in with the by-right zoning of the adjacent properties. The proposed building materials of the duplexes are comparable to other similar new developments in the vicinity. This coupled with the fact that this property has two separate GPINs and has been taxed as such, Staff views this as a unique circumstance and does not see this as recurring in nature. Staff recommends approval of this request as conditioned below. Titan Investment Group, Inc., a Virginia Corporation Agenda Item 5 Page 5 Recommended Conditions 1. The site shall be redeveloped substantially as shown on the submitted site layout exhibit entitled, "Landscape Exhibit/Subdivision Variance Titan Investment Group, Inc.," dated April 13, 2017 and prepared by WPL Landscape Architects, Land Surveyors, Civil Engineers. Said plan has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development. 2. When the property is redeveloped,the duplex dwellings constructed shall be in substantial conformance with the architectural features, materials, size and appearance depicted on the submitted elevations entitled "PROPOSED DUPLEX," prepared by Construction Services and Management and dated April 10, 2017 and April 17, 2017. Said elevations have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning and Community Development. 3. When the property is redeveloped, plantings reflective of the size,type and location of the plantings depicted on the site layout exhibit referenced in Condition 1 shall be installed and maintained. Any dead, diseased or dying plant shall be replaced. 4. A final plat shall be recorded with the Clerk of Court depicting both Lot 1A and 2A substantially as shown on the submitted layout plan entitled, "PRELIMINARY RESUBDIVISION OF BARRON INVESTMENT, INC. AS SHOWN ON PLAT SHOWING PROPERTY TO BE CONVEYED TO LEE W. SMITH BY CHERRY ROUSE," dated February 1, 2017, prepared by WPL Landscape, Architecture, Land Surveying and Civil Engineering. Said layout plan has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development. 5. Legal ingress/egress for Lot 2A shall be maintained at all times,through ingress/egress easement(s). Said easement(s) shall be depicted and recorded on the final plat. 6. When the property is redeveloped, both dwelling units on each lot shall have individual connections to City water and City sanitary sewer services, unless otherwise authorized by the Department of Public Utilities. A private utility easement deemed acceptable by the Department of Public Utilities shall be recorded to permit such connections. 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. Titan Investment Group, Inc., a Virginia Corporation Agenda Item 5 Page 6 Proposed Layout Plan no. ..,a€ Aw' 03� Ifs , �o ,. .' _9 0 .ti`•� ' .- ""y1.:;6,.,*' . , , , , , . TEa 1. m r'm Nw z qq O m-: Zr,rni; 0. N mo y Sob 4 V_ .A a N701600'E 74.00'. in „ ti ' N t wROP631r'NI,.4 CREATED BT Otto <675,PAGI NUMB[ 242 wE RE3Y r gRI: _ do " ,x A a our=s "16'w ' S 70'16'W 74.00' 'N FORD—" BONNEY ROAD 54) 'VARIABLE WIDTH PUC... RAY) (STATE RC)7E/646 - MO 49. PG 18) Titan Investment Group, Inc., a Virginia Corporation Agenda Item 5 Page 7 Proposed Site Layout - ., .. ith0f4 , _, 11 _ - .:, - -- . . - • l , r- 11 0 -4 ,•• 1‘) la AO t-T -4 (.411E, ir NI 4.1 Iii , ' -— ' :: • -. , - . . . 11 ',' -• 4 • .”- : 1 - • ii „ „.„,,v_u_:_u_•_:_w_1„-' .. , 4 1 tir, , I a . , I • . . 4 .4- • 1 .ti-tien i • `MI 1 , Z . i r • • Nit t , • . . ••44••• • s • li 1 ,- / • -, : :• ,.. ,- l'.., , • °. . 0 ' * 11111,6 • I • a ,..) • .4 • • . e*, — • - . lb • i I BONNEY ROAD Titan Investment Group, Inc., a Virginia Corporation Agenda Item 5 Page 8 Proposed Elevations olti �.44011100. _,,-,,s ii SCALE:N.T.S. ..4411111. . - - ASPHALT ROOF SHINGLES kiih -a` WHITE HARDI-PLANK •L EVES.CORNER TRIM CEDAR SIDING BLACK ALUMINUM HAND RAIL It - BRONZE VINYL DOOR WINDOW FRAMES WHITE HARDI-PLANK FLOOR BAND 6'HORIZONTAL VINYL SIDING BRICK FOUNDATION BAND Titan Investment Group, Inc., a Virginia Corporation Agenda Item 5 Page 9 Site Photos ;, , i ✓ , ,.. x4� Vii' :liOrilik ., r+�. 'r+r�,.¢�{ ; �� "� .ice., �* CC ! s , G J .J ....11 / ' z .-,tea. , jortori in . „, 1 . y 4 ,. ` t • 1, ' Irr.* :'1,141f1114 tr # isr _ :_ `i iP a `ri ;.Af s. f - Y. x vy ".;:c.:, om Y 9 a g^e. .,+:4," "�`" r -sr`s.,. ,v,.. - Titan Investment Group, Inc.,a Virginia Corporation Agenda Item 5 Page 10 Disclosure Statement 71/4/13 Virginia Beach APPLICANT'S NAME Titan Investment Group, Inc. 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 I 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 C...Y USE ONLY/n U sc'csl s t,nt?F , 1a,e-t cM• eeks '-a: ,a,,l, I Page 1 of 7 P ?LC+11 SSIC'.'e If...ly f eet qc..tl d;;; .•.•. 1 t d. (e:1,1 1 UCAN- \C CHANCE Y :O c..^.OF riFAKING _ F ____ J! W1 N'I y r '•G N�1 A')4�!i lir NC CHAN:ES AS Of / 0 REVISIONS SJR,i'l T M: P/ Titan Investment Group, Inc.,a Virginia Corporation Agenda Item 5 Page 11 Disclosure Statement Virginia Beach El 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:Titan Investment Group, Inc. 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) Doug P.Green, President/Secretary(sole shareholder) (B) List the businesses that have a parent-subsidiary 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 proverty 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 Titan Investment Group, Inc.,a Virginia Corporation Agenda Item 5 Page 12 Disclosure Statement :NB 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 1 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, (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 SEPERATELY Page 3 of 7 Titan Investment Group, Inc., a Virginia Corporation Agenda Item 5 Page 13 Disclosure Statement 'NB APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) ❑ LA Accounting and/or preparer of IA your tax return f 0 Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than the Attplicant)-identify purchaser and purchaser's service providers Any other pending or proposed El © purchaser of the subject property (identify purchaser(s)and purchaser's service providers) — Z D Construction Contractors _ _ Construction Services Managementr nEngineers/Surveyors/Agents_ WPL Financing(include current ❑ N mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) IT0 Legal Services Sykes,Bourdon,Ahern&Levy,P.C. Real Estate Brokers/ __ ElAgents/Realtors for current and anticipated future sales of the I subject property "George Alcaraz 4 • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NODoes an official or employee of the City of Virginia Beach have 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 Titan Investment Group, Inc.,a Virginia Corporation Agenda Item 5 Page 14 Disclosure Statement 113 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. _ Doug P.Green, President 2/01/17 (APPU T�NATURE PRINT NAME DATE Titan Investment Group,Inc. Page 5 of 7 Titan Investment Group, Inc., a Virginia Corporation Agenda Item 5 Page 15 Item#5 Titan Investment Group, Inc. Subdivision Variance 5024 Bonney Road and Adjacent Parcel District 2 Kempsville May 10, 2017 CONSENT An application of Titan Investment Group, Inc.for a Subdivision Variance (Section 4.4(b)and (d)of the Subdivision Regulations) on property located at 5024 Bonney R9oad and adjacent parcels, District 2, Kernpsville. GPINS: 1467-90-5806-0000& 1467-91-4021-0000. CONDITIONS 1. The site shall be redeveloped substantially as shown on the submitted site layout exhibit entitled, "Landscape Exhibit/Subdivision Variance Titan Investment Group, Inc.," dated April 13, 2017 and prepared by WPL Landscape Architects, Land Surveyors, Civil Engineers. Said plan has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development. 2. When the property is redeveloped,the duplex dwellings constructed shall be in substantial conformance with the architectural features, materials, size and appearance depicted on the submitted elevations entitled "PROPOSED DUPLEX," prepared by Construction Services and Management and dated April 10, 2017 and April 17, 2017. Said elevations have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning and Community Development. 3. When the property is redeveloped, plantings reflective of the size,type and location of the plantings depicted on the site layout exhibit referenced in Condition 1 shall be installed and maintained. Any dead, diseased or dying plant shall be replaced. 4. A final plat shall be recorded with the Clerk of Court depicting both Lot 1A and 2A substantially as shown on the submitted layout plan entitled, "PRELIMINARY RESUBDIVISION OF BARRON INVESTMENT, INC. AS SHOWN ON PLAT SHOWING PROPERTY TO BE CONVEYED TO LEE W. SMITH BY CHERRY ROUSE," dated February 1, 2017, prepared by WPL Landscape,Architecture, Land Surveying and Civil Engineering. Said layout plan has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development. 5. Legal ingress/egress for Lot 2A shall be maintained at all times,through ingress/egress easement(s). Said easement(s) shall be depicted and recorded on the final plat. 6. When the property is redeveloped, both dwelling units on each lot shall have individual connections to City water and City sanitary sewer services, unless otherwise authorized by the Department of Public Utilities. A private utility easement deemed acceptable by the Department of Public Utilities shall be recorded to permit such connections. Item#5 Titan Investment Group, Inc. Page 2 A motion was made by Commissioner Oliver and seconded by Commissioner Rucinski to approve item 5. AYE 10 NAY 0 ABS 0 ABSENT 1 HODGSON AYE HORSLEY ABSENT INMAN AYE OLIVER AYE REDMON AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 10-0,the Commission approved item 5 for consent. Eddie Bourdon appeared before the Commission on behalf of the applicant. M I ici 0.) IX ' 0 C :,...-j Q. V' IV' 1 -73 CD o 0 a. 2 CL ..--- WI'm -"4111111111111111111111111K -r ir at 4 44\ k cv a1/ . • \\1 (N4 W '. 4/ q o- 0 .•- .,....bi - . ...,z ir,,ti -J 0) ,m - 15--,_ • i 4tir 4.. ,....., , cs 0,2,4 - oo 41)cP — .0 0. a N.N,VAA.. ..-•-,1))1c 0 0 0 *4 e 0 a t -• 0 o - "9:4 -'• _.-."' -... c' ctb ..., c;" ••••• ....s. Or Ce ---?=:, ,,4,'i.I. : ia..._ 10 n CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: ADVENTUREWORKS, INC. [Applicant] KOA, INC. [Property Owner] Modification of Conditions (Outdoor Recreation Facility) 1252 & 1304 Prosperity Road (GPINs 2415882856, 2415889903). COUNCIL DISTRICT — BEACH MEETING DATE: June 20, 2017 • Background: In 1969, a Conditional Use Permit for a Campground and related facilities was approved for this site. The camp sites were damaged by a storm in 1972 and were never reopened. In 2014, City Council approved a Modification of Conditions that permitted the operation of an Outdoor Recreation Facility on a portion of the property. Specifically, the 2014 request permitted a paintball and laser tag park; however, the approval was conditioned whereby any expansion of the outdoor recreation facility would be required to be reviewed by the City Council. Based on this, a proposal has been submitted to modify the Conditional Use Permit to include a zip line course within the heavily wooded portion of the property. • Considerations: While the zip line course will be constructed among the trees and on platforms as high as 60 feet, the existing woods provide an excellent, thick visual screen and buffer between the activities on this site and the residential dwellings to the south. The layout of both the paintball and zip line areas indicate that no activity will be closer than 400 feet from the southern property line. The large site has adequate area for the parking needs for both operations. A condition is recommended that will limit the hours of operations to ensure continued compatibility with the adjacent residential properties. No complaints have been made to the Zoning Division regarding the existing paintball and laser tag activities, and the addition of zip lines is viewed as complementary to the existing land use. The Planning Commission added Condition #8 below that will require the Planning Director to review and approve any sign(s) on the site. 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. Adventureworks, Inc. Page 2 of 3 • 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 10-0, to recommend approval of this request. General Conditions for the Outdoor Recreation Facilities 1. The paintball, laser tag, and zip line tour areas (parking, play, and otherwise) shall be located in the areas depicted on the site layout plan that has been exhibited to the Virginia Beach City Council and is on file with the Planning and Community Development Department. Any expansion beyond those limits depicted on the plan shall require additional review and approval of a modification of these conditions by the City Council. 2. The paintball and laser tag area, and the zip line tour area shall be distinct and separate areas. 3. The applicant shall provide on-site restroom facilities in accordance with the Americans with Disabilities Act and the City's Plumbing Code in terms of potable water and sanitary sewer. 4. A minimum of two handicap parking spaces, one of which must be van accessible, and a path leading to the outdoor recreational activities, shall be provided in accordance with the Americans with Disabilities Act and be depicted on a site layout plan to the Building Official. 5. There shall be a minimum of one individual that is First Aid and CPR certified on site during all hours of operation. 6. No use, as conditioned herein, shall cause public inconvenience, annoyance, or disturbance to the tranquility of the adjacent residential area or otherwise interfere with the reasonable use and enjoyment of the neighboring property by reason of excessive noise, traffic, or overflow parking or any other nuisance. 7. If any land disturbance is proposed within the 50-foot Southern Rivers buffer, a variance request shall be submitted to the Planning and Community Development Department for review; however, Staff is under no obligation to approval such a variance. 8. A separate permit from the Planning and Community Development Department / Zoning Office is required for any signage installed on the site. A drawing of any proposed signage shall be submitted to the Planning Director and deemed acceptable to the Planning Director prior to the issuance of a permit. Adventureworks, Inc. Page 3 of 3 Modification of Conditions (Paintball Park) 1. The hours of operation of the paintball and laser tag areas shall be limited to 9:00 a.m. to dusk. Modification of Conditions (Zip Line Course) 1. The hours of operation shall be limited to between 9:00 a.m. to dusk, with the exception of an evening zip line tour that may take place once a month between April 1st through October 31St on either a Friday or Saturday evening and shall not operate between the hours of 10:00 p.m. and 9:00 a.m. 2. The applicant shall submit all necessary plans and obtain all necessary permits and inspections from the Planning and Community Development Department / Permit and Inspections Division, the Health Department, and the Fire Department prior to operation. 3. Final site plans of installation of platforms shall be submitted to the Army Corps of Engineers for determination of impacts to jurisdictional wetlands. ■ Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting De- • k' ' gency: Planning Department 414.4,64d, City Manager: Applicant Adventureworks, Inc. Agenda Item Property Owner KOA, Inc. Public Hearing May 10, 2017 4 Olyof City Council Election District Beach Virginia Beach Request Modification of Conditions Staff Recommendation Approval i Staff Planner Robert Davis Location >75 BDNL I /411 1252 & 1304 Prosperity Road Aap 0-75dBDNL 0 4 GPINs `° ` 44, 65-70 2415882856, 2415889903 W` Reading Road Site Size Sakura lane 59.34 acres / i / af4: 4 AICUZ Greater than 75 dB DNL, 70-75 dB DNL Watershed Southern Rivers Existing Land Use and Zoning District Outdoor Recreational Facility (paintball park)/ . . :< AG-1 &AG-2 Agricultural . 4,, Surrounding Land Uses and Zoning Districts ' ' ' ' '� , North ,•+R;+ - . Redwing Lake Golf Course, Private Lodge/ P-1Preservation, AG-2 Agricultural ,r,,, ,:.„,,,,,, , �`w South ,? � * k % V `a° .' Single-family dwellings/ R-10 Residential East i° f _ / Redwing Lake Golf Course/P-1 Preservation ' �` $;k - : x'.$0,; West �.i- 11 4:?;,.„, IAr, Prosperity Road k �G , ' � e '4`„; `* Air, Prosperity , %.,,. ' •R -' -'4=, ii`, „ ,CamPground duplex, single-familydwellings " _ - _ " c. � r. -. rte ` �&AG 2 Agricultural, R-5D Residential Adventureworks, Inc. Agenda Item 4 Page 1 Background and Summary of Proposal • A Conditional Use Permit was approved on this site in 1969 for a Campground and related facilities; however, the campsites were damaged by a storm in 1972 and were never reopened. • A Modification of Conditions to operate an Outdoor Recreation Facility, specifically a paintball park and laser tag, on a portion of the site was approved in 2014; however,there is a condition that states that any expansion requires a review and approval by the City Council. Based on this, the Modification of Conditions has been submitted to expand the Outdoor Recreation Facility on the property to include zip line tours. • The proposed zip line course is envisioned as an amenity for campers of the KOA campground as well as for the general public. The applicant is proposing to install up to ten zip lines in the northeastern, wooded portion of the property.The zip line course will be constructed among the trees and, at certain locations, platforms on utility poles up to 60 feet in height will be installed.The actual construction of the course is done using lightweight trailers,jeeps, ladders, and common power tools with minimal use of heavy equipment.Temporary matting will be used to alleviate land disturbance. • A 140 square-foot check-in building and a 1,225 square foot pavilion are also proposed. • The planned hours of operation are 9:00 a.m. to dusk, seven days a week, with the addition of an evening tour April through October that will operate once a month until 10:00 p.m. on a Friday or Saturday evening. The guided tours will consist of up to 12 people. • Customer parking for the existing paintball operation is located on-site within a gravel parking area.The zip line operation proposes a separate parking area, also gravel, near the check-in building. As part of this application, a waiver to pavement and curbing for the parking areas is being requested. • The applicant proposes to provide portable bathroom facilities on site; however,the state building code requires two permanent ADA compliant bathroom facilities. The applicant has been made aware of this requirement and is working with City Staff to address the restroom requirements. P-1 5 , 0,,b, Zoning Historyy 1�0 # Request •e`>R � �O ALT /. 1 MOD(Outdoor Recreation Facility)Approved / % �� 02/25/2014 ia11% 4744,' 2 CUP(Forestry Harvesting)Approved 08/16/2016 :° * dB WL 3 CUP(Outdoor Recreation Facility)Approved 08/13/2013 j �� 4 REZ(AG-1/AG-2 to R-10)Approved 06/12/1989 • 5 REZ(1-2 to P-1)Approved 06/09/1980 ` / CUP(Miniature/ ( ature Golf Course)Approved 04/18/1977 Atm . ' 1, 7 CUP(Lodge)Approved 12/20/1976 i�o - r- �:�►// �%4'2 8 CUP(Campground) 10/26/1971 �r Short Lille Road lice,, // ` //issionlft9 CUP(Campground)05/12/1969 4 r) LIL " 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 Adventureworks, Inc. Agenda Item 4 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) More specially,the subject site is adjacent to Suburban Focus Area (SFA)4.1—General Booth Campgrounds.This area contains campgrounds that offer outdoor recreational activities for citizens and visitors to Virginia Beach and complements our City's recreational programs and the resort hospitality industry.The Comprehensive Plan recommendations for the SFA 4.1 state that outdoor recreational activities for both citizens and visitors are appropriate land uses for these sites. (p. 1-86) Natural and Cultural Resources Impacts There is a cemetery located on the property which will not be disturbed. The property is located in the Southern Rivers watershed.The eastern portion of the site is located in the Southern Rivers watershed buffer. 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. A portion of the property is located within the Special Flood Hazard Area (100-year floodplain); however, the applicant has indicated that no poles or structures are proposed in this area.The installation of any of the utility poles will be done only in areas of the 100-year floodplain that have been previously disturbed (former camp sites). Staff does not anticipate any impact to floodplain storage. Public Utility Impacts Water City water is available. There is an existing 10-inch City water line within Prosperity Road. Sewer City sanitary sewer is not available. Health Department approval is required for septic systems. Private grinder pumps and force main may be an option. Evaluation and Recommendation Previously, a Modification of Conditions was approved for an Outdoor Recreation Facility, the existing paintball park, on the site with the following conditions: 1. The hours of operation of the paintball/laser tag areas shall be limited to 9:00 a.m.to dusk. 2. The paintball and laser tag areas (parking, play, and otherwise)shall be located in the area depicted on the submitted plan entitled, "Subdivision of Property Belonging to W.W. McClanan,Jr.," dated 1/21/1970, which has been displayed to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. Any expansion beyond those limits depicted on the Plan shall require additional review and approval of a modification of these conditions by the City Council. Adventureworks, Inc. Agenda Item 4 Page 3 3. The applicant shall provide portable bathroom facilities on-site when the recreation area is in use. For large events and events advertised to the public, at least one ADA-compliant portable bathroom unit shall be provided. It is Staff's opinion that the request for this modification is complementary to the existing land use and the site can adequately accommodate needed parking for both outdoor recreation operations. Based on information provided by the applicant, it appears that the installation of the zip line course will be sensitive to the existing natural features on the site. The submitted layout depicts the designated zip line area in the northeast portion of the property,which is more than 400 feet from the nearest residential dwelling to the south. In addition, the existing heavily wooded buffer along the southern property line will, in Staff's opinion, provide an excellent screen between the existing dwellings and the zip line area. Staff has recommended a condition that the zip line course have limited hours of operation from 9:00 a.m. to dusk to ensure compatibility with the residential properties. A specific exception to this is recommended that will allow an evening zip line tour to occur once a month between April 1st through October 31st on either a Friday or Saturday evening, until 10:00 p.m. The Building Official expressed concerns with the existing and proposed portable restroom facilities. ADA complaint permanent restroom facilities must be provided on-site. Staff will continue to work with the applicant to address this requirement. Additionally, the installation of two handicap accessible parking spaces and a pathway from the parking spaces to the recreational facility will be required in order to meet ADA requirements. The applicant is aware of the necessity of these improvements and intends to meet this requirement. With this Modification of Conditions, all of the applicable conditions from the previous Conditional Use Permit and Modification of Conditions are now combined in an attempt to alleviate confusion. Staff recommends approval of this application, subject to the conditions below. Recommended Conditions All conditions attached to the Modification of Conditions granted by the City Council on February 25, 2014 shall be deleted and replaced with the conditions below. General Conditions for the Outdoor Recreation Facilities 1. The paintball, laser tag, and zip line tour areas(parking, play, and otherwise) shall be located in the areas depicted on the site layout plan that has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. Any expansion beyond those limits depicted on the Plan shall require additional review and approval of a modification of these conditions by the City Council. 2. The paintball and laser tag area, and the zip line tour area shall be distinct and separate areas. 3. The applicant shall provide on-site restroom facilities in accordance with the Americans with Disabilities Act and the City's Plumbing Code in terms of potable water and sanitary sewer. 4. A minimum of two handicap parking spaces, one of which must be van accessible, and a path leading to the outdoor recreational activities, shall be provided in accordance with the Americans with Disabilities Act and be depicted on a site layout plan to the Building Official. 5. There shall be a minimum of one individual that is First Aid and CPR certified on-site during all hours of operation. Adventureworks, Inc. Agenda Item 4 Page 4 6. No use, as conditioned herein, shall cause public inconvenience, annoyance, or disturbance to the tranquility of the adjacent residential area or otherwise interfere with the reasonable use and enjoyment of the neighboring property by reason of excessive noise,traffic, or overflow parking or any other nuisance. 7. If any land disturbance is proposed within the 50-foot Southern Rivers buffer, a variance request shall be submitted to the Department of Planning and Community Development (PCD)for review; however,the PCD is under no obligation to approval such a variance. 8. A separate permit from the Planning and Community Development Department/Zoning Office is required for any signage installed on the site.A drawing of any proposed signage shall be submitted to the Planning Director and deemed acceptable by the Planning Director prior to the issuance of a permit. Modification of Conditions (Paintball Park) 1. The hours of operation of the paintball and laser tag areas shall be limited to 9:00 a.m. to dusk. Modification of Conditions (Zip Line Course) 1. The hours of operation shall be limited to between 9:00 a.m. to dusk, with the exception of an evening zip line tour that may take place once a month between April 1st through October 31st on either a Friday or Saturday evening and shall not operate between the hours of 10:00 p.m. and 9:00 a.m. 2. The applicant shall submit all necessary plans and obtain all necessary permits and inspections from the Planning and Community Development Department/ Permit and Inspections Division,the Health Department, and the Fire Department prior to operation. 3. Final site plans of installation of platforms shall be submitted to the Army Corps of Engineers for determination of impacts to jurisdictional wetlands. 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. Adventureworks, Inc. Agenda Item 4 Page 5 Proposed Conceptual Site Layout ° Q COQ• Proposed Zip Line Course 'WO,,,a" I Proposed ChecRyln '",,,' '� riding&Parking. 4110110P74' 1 Campground , w Existing Paintball Check-in Btdk4ing, !,' '.Ingress&Egress Parking,&Paintball Park '' 4.NI £ x: e fR ,� e i /1 fi I/ Sou rn Rivers Buffer .v > dp \ :ip Line Course y r'r oposed Check i 1 O r, 4Cg Btinp&Park:. -; Ap 1 Existipg Paintball Check-In Building, 1 lir king,&PaintGaIIfatk i * It, .fr..,' , . • kr,�,i 5. . •fix, ! ti : X, - Adventureworks, Inc. Agenda Item 4 Page 6 Proposed Check-In Building & Restroom r i • ::%,:t ;;2 • ..1 .% _ N -- ' 1, 11(r III moi'' r - 11' ' ! _ J1 it �:_: „ _�( i .111*--' —4'444 „ . .. ..,. . . . -" r _. n,., - 4..- jr...„- 1 P 0 :,,,0 i '; ‘-', , . , , 1. t4V i4K. .........k. u. .. .., - "}1-4 1 ., — � - ra : wo' Mr" '"':' : • . 4*- ,°' 1 i .,. t r- ..air { . ',•; •, 1 7 1 Adventureworks, Inc. Agenda Item 4 Page 7 Site Photos CT � • • ✓t a-. e _ Adventureworks, Inc. Agenda Item 4 Page 8 Site Photos 4 4 qa - ;IN a, _ 4 a 414"f: �t ''�` ' _ Orr •gam ` +�*.`' n+#� alit. a , r*• 4* may. ':*'....t '-' 4 , ,, AN?., - tot dor41 . i i { .6, T—l- ,'^ ,e A' --*'n - .fix ... ,. iii Ask § 1y ? , , ... Adventureworks, Inc. Agenda Item 4 Page 9 Photos Submitted by Applicant a' � _ . ..-....-.4*.- .s. .- • • . . 0. . .,,...01., ‘ of • +s4 5� ,r a i I )S � • .p„ �: • . r a } �si - t i0 •.. +t•' - V � .fi'K41.i,s •, r ! # rrhr`� '1l : - Ii. 4 « j/ ' _� .tc' ', a, , J�, : nof ' a b ..re , 4 ,41 f t , • :, '',' . ti 4--..,4? ''''' -., at • . • `, ''::11:., k”11444 .° I�.S;, iy J f, y "T" a 111111101101 7 4.116. _ y. t. .kiriltifi., ---- 1,.L ... .1.- Adventureworks, Inc. Agenda Item 4 Page 10 Photos Submitted by Applicant n v, • Rr `] 'i6.7. 'y.„` 4`nGML. ..i7' i a ,. ` fi x # �{ r r• �,� -1'. .-.41*, g ! y"�r . j ii.S "1` Tw, -. '..4 ! 1 �f'19,1-,' °/t.,V `�`" .1 f A • to �11 ?-'''.1 .., 4.=',-.j" y .. ' A: 'n v. y t \ip it-AN„,„.k.,,.. ..-. ' ..--. --to.y. ; -,..:..,, •-.3.- -yori " ..7,..,-, 4. zr 117:?.. p�y� ���yyyr• �'alirl ,g, ' �1 w ,. .4 .... . ... . . . , .;,..,..,. , , : C ,;, „,.tom.' pie 1 ? 4, : ..., : .. . , , -v„. . , . , 7 ill 4- . � ,, ,„,,,,,,:„. ...,,,i( 1 � r;a'Y ,,,,, ‘ : ,:,,,i,„,,, ,f, L ... , 1 i r. 4oit fl 4, 4:is a ki i. • x " �' 71111' \ \ J r x' `,f r ' `'�` `1, 6 5+ lic rk4‘1 l'iieiii, -. ,I'4 ii,\ I i 44.,Ikt,', ....,-., ; ' -0.. :. ' ''' . li kdt'. ''' . ,- - - 1 '83;074 Y P , , .\ r. '�\: Vit;. :`Tr ,. Il V i 111'111:_t . . :1 i-. ,,,,,;;T:',"14.,„, !it, .".1.:,_--::: ,,.,..7,',,,,,.: t ., i r r� Adventureworks, Inc. Agenda Item 4 Page 11 Disclosure Statement at.te Virginia Beach APPLICANT'S NAME Adventureworks, Inc. 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. 4 0 SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two 12)weeks prior to any Page 1 of 7 Planning Commission and City Council meetinq that pertains to the application(s). El APPLICANT NOTIFIED OF HEARING DATE. NO CHANGES AS OF DATE: O6/d9/fJ_WC2 Robert Davis El REVISIONS SUBMITTED DATE / Adventureworks, Inc. Agenda Item 4 Page 12 Disclosure Statement VBMt gr Virginia Beach ❑ Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. t►�� Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Adventureworks, Inc. 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) Jennifer Halverson Brian Davis (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes' and 2 4 • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. ❑ Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ® Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN,complete the following. (A) List the Property Owner's name:KOA, Inc. _ If an LLC, list the member's names: Page 2 of 7 Adventureworks, Inc. Agenda Item 4 Page 13 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members,trustees, etc. below: (Attach list if necessary) Pat Hittmeir (B) List the businesses that have a parent-subsidiary 1 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, (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. • 0 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 Adventureworks, Inc. Agenda Item 4 Page 14 Disclosure Statement NE APPLICANT vela Beach YES NO SERVICE PROVIDER(use additional sheets if needed) ❑ CI Accounting and/or preparer of your tax return ❑ El Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than ❑ 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) Construction Contractors MOM Erd Engineers/Surveyors/Agents Financing (include current ❑ ❑ 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 111 ❑✓ 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 Adventureworks, Inc. Agenda Item 4 Page 15 Disclosure Statement AMVO 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. 9.1 ` ^ Jennifer Halverson 224/17 APPLICANT'S SICNATTUU RE'' PRINT NAME DATE Page 5 of 7 Adventureworks, Inc. Agenda Item 4 Page 16 Disclosure Statement 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(jf other than 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) Construction Contractors ❑ 1 Engineers/Surveyors/Agents Financing (include current Bank of America,N.A. mortgage holders and lenders ��� ❑ selected or being considered to provide financing for acquisition or construction of the property) ❑ �I Legal Services Real Estate Brokers / ❑ 4 Agents/Realtors for current and anticipated future sales of the subject property 4 0 SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ � 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 Adventureworks, Inc. Agenda Item 4 Page 17 Disclosure Statement i'itiAtfAAt*7.4 11,4PA74%.4,41:i' •"1,-,V•4=15:k4;1. = , Virgnfi , • • • • .• • • cii • 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. c . ,4,7,-,‘ e hi PROPERTY OWNER'S SIGNATU PRINT NAME AT Page 7 of 7 Adventureworks, Inc. Agenda Item 4 Page 18 Item#4 Adventureworks, Inc. Modification of Conditions 1252& 1304 Prosperity Road District 6 Beach May 10, 2017 CONSENT An application of Adventureworks, Inc.for a Modification of Conditions on property located at 1252 & 1304 Prosperity Road, District 6, Beach. GPINS: 2415-88-2856-0000&2415-88-9903-0000. 1. The paintball, laser tag,and zip line tour areas (parking, play, and otherwise)shall be located in the areas depicted on the site layout plan that has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning.Any expansion beyond those limits depicted on the Plan shall require additional review and approval of a modification of these conditions by the City Council. 2. The paintball and laser tag area, and the zip line tour area shall be distinct and separate areas. 3. The applicant shall provide on-site restroom facilities in accordance with the Americans with Disabilities Act and the City's Plumbing Code in terms of potable water and sanitary sewer. 4. A minimum of two handicap parking spaces,one of which must be van accessible, and a path leading to the outdoor recreational activities,shall be provided in accordance with the Americans with Disabilities Act and be depicted on a site layout plan to the Building Official. 5. There shall be a minimum of one individual that is First Aid and CPR certified on-site during all hours of operation. 6. No use,as conditioned herein, shall cause public inconvenience, annoyance, or disturbance to the tranquility of the adjacent residential area or otherwise interfere with the reasonable use and enjoyment of the neighboring property by reason of excessive noise,traffic,or overflow parking or any other nuisance. 7. If any land disturbance is proposed within the 50-foot Southern Rivers buffer,a variance request shall be submitted to the Department of Planning and Community Development(PCD)for review; however,the PCD is under no obligation to approval such a variance. 8. A separate permit from the Planning and Community Development Department/Zoning Office is required for any signage installed on the site.A drawing of any proposed signage shall be submitted to the Planning Director and deemed actable by the Planning Director prior to the issuance of a permit. Modification of Conditions (Paintball Park) 1. The hours of operation of the paintball and laser tag areas shall be limited to 9:00 a.m.to dusk. Item#4 Adventureworks, Inc. Page 2 Modification of Conditions(Zip Line Course) 1. The hours of operation shall be limited to between 9:00 a.m.to dusk, with the exception of an evening zip line tour that may take place once a month between April 1st through October 31st on either a Friday or Saturday evening and shall not operate between the hours of 10:00 p.m. and 9:00 a.m. 2. The applicant shall submit all necessary plans and obtain all necessary permits and inspections from the Planning and Community Development Department/Permit and Inspections Division,the Health Department,and the Fire Department prior to operation. 3. Final site plans of installation of platforms shall be submitted to the Army Corp of Engineers for determination of impacts to jurisdictional wetlands. A motion was made by Commissioner Oliver and seconded by Commissioner Rucinski to approve item 4. AYE 10 NAY 0 ABS 0 ABSENT 1 HODGSON AYE HORSLEY ABSENT INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 10-0,the Commission approved item 4 for consent. Jennifer Halverson appeared before the Commission on behalf of the applicant. 401111111011r. , •:-.\: U • \ • \\',. \•\.„\.,,,,,.... 1 \ ,k.'s..,\ 0., -,•• - • , \•,..,. • ,it. , . AN I lit 1%6, Iola,- • -.----.' Calt‘C , - - - ! iikh. ,,,,,.. ..' , ,,,,,, ;, • a 4 ,,,, • i I - w 00.---** , ..,'-veig..* ,.. .\ . i .......--sh• ....-0.-w — .,-, \\\\ i \ '\\\ •. .. .. . . .. .. . „ \\,' . ..\,... •••..,:, \ .\•.\, •\ H\-----' \ \ .% ______ \ \re'141141\'' , - , A : \ti \ '.-..-r k ..., \*\:\ -.1\ 74-ri Ni*it,‘ ,----------\ -.:\ 4rialir r .' ..„i.. 1. 11 , Ihoill ; i N\ , ..._._ -- .. ,.. \_____r_______-1 , .. ‘:' . . ,.,,,. . ,„, ,.- .-\.. .., • ‘ss, \\\\\ \ \ \\\\,,\\,‘ ' \ \ \•,,.\ 1111) . - .. . I ...._.-- ,. ' ''. \ ' *h. • \\\\N \ \ . , . . _ . . . , cbc.--,-- -_,__ -- -,,•,, vo. \ \,\H„,: . - -co Ail . . - . ' ' \'.• .., , _..\, 46010,' ,,,„,7_. '-„ . , ,,,\ ilh ......... •., 1 • \ , ' . ' IleCulkW • 1 ,\ .N, .. It . ' , ,... ...,, .„. • ,, co . „ , W.i.........., rl...........,ce, 1 �'�NN��"cy3 f4(1! 1 '4 fo CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: OCEAN BAY HOMES, INC. [Applicant & Property Owner] Special Exemption for Alternative Compliance 314, 316, & 318 30th Street; 2905 Arctic Avenue (GPINs 2418919518, 2428011534, 2418919469, 2428010661, 2418919579, 2428010610). COUNCIL DISTRICT— BEACH MEETING DATE: June 20, 2017 • Background: These parcels could be developed by-right with a 75-foot-tall apartment building with at least 19 dwelling units. The original proposal consisted of 19 residential units in seven buildings. The discussion between Staff and the Planning Commission at the briefing prior to the public hearing resulted in a modification of the concept plan to reflect 15 units in three buildings, as noted in the revised Condition 1 below. Eliminated from the request were four, small detached units proposed within an 18-foot wide strip of land between the alley and the adjacent restaurant's parking lot. The request now consists of the redevelopment of six parcels in order to construct three Row House Building Types containing 15 residential units. A Special Exception for Alternative Compliance is requested as eight of the proposed units will not have direct frontage on 30th Street. The Oceanfront Resort District Form-Based Code (FBC) does not allow multiple separated Detached House Building Types or Row House Building Types on one lot where each building does not have its own direct street frontage, as is proposed by the applicant. • Considerations: The applicant's proposal to use the Row Housing Building Type and Detached House Building Type with less lot area than prescribed results in a lower-density development with larger individual units. The proposal is pedestrian-oriented and is designed with more points of pedestrian connectivity to the street than an apartment building would typically provide. The overall design results in a pedestrian scale and reasonably achieves the objectives of the Design Guidelines. 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. Ocean Bay Homes, Inc. Page 2 of 3 • 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 10-0, to recommend approval of this request. 1. With the exception of any modifications required by any of these conditions or as a result of development site plan review, the improvements to the site shall be substantially as shown on the _ _ __ -_ - - _ _ _ _ _ _ __ _ e "Revised Site Plan for 15 Row Homes" exhibit included in this report. 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 Building Code or as part of the final site plan review, the structures on the site shall be substantially as shown on the proposed elevations and renderings included in this report. Said drawings have been exhibited to the City Council and are on file in the Department of Planning. 3. The exterior materials shall consist of cementious fiber siding, board and batten, and shake as well as architectural shingles and standing seam metal roofing. 4. At the time of installation, and during subsequent maintenance and/or replacement of the plant material on the site, the planting plan shall be substantially as shown on the proposed site layout and landscaping exhibit referenced in Condition #1. All plant material 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 proposed site layout and landscaping exhibit. 5. For 30th Street, Arctic Avenue, and 29th 1/2 Street, the applicant shall make all proposed right-of-way improvements and any additional improvements further required as part of development site plan review. 6. All mechanical equipment shall be screened from view from the public right-of- way. The location and screening of receptacles for trash and recycling shall follow the applicable City standards. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Ocean Bay Homes, Inc. Page 3 of 3 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting De. - me Agency: Planning Department .� 1 City Manager: ‘ �l� Applicant & Property Owner Ocean Bay Homes, Inc., Agenda Item a Virginia Corporation Public Hearing May 10, 2017 ��� City Council Election District Beach 7 Virginia Beach Request Alternative Compliance to the prescribed criteria of the Oceanfront Resort District Form- ;° es court Halystreet // Based Code wpm's 35Th Ha i 35Th 35Th Street Staff Recommendation 34 HaHStKet t Approval 34Th scree 33rd Half street 33rd street Staff Planner Kristine Gay `"°°a,�a 32Ndstreet $ a s .71 70-75 dB DNL m a Location /65-70 dB DNL 314, 316, & 318 30th Street; 2905 Arctic AvenuehRoad G P I N s �s,v soli,scree II 10 fill 2418919518, 2428011534, 2418919469, 4 APZ2 p 29Th stmt 2428010661, 2418919579, 2428010610 f Q p,0.4 I Site Size o I :85 ""` 2. 35,351 square feet (0.81 acres) AICUZ 65-70 dB DNL; Sub-Area 1 Watershed Chesapeake Bay P. Existing Land Use r .. . 1'. t took r ., < , z Lodging, efficiency residential units, gravel k:4 T �•�. parking lot ` t i. Zoning District and Street Frontage Type '� 4 A t� ti * OR Oceanfront Resort/Gateway 1 i .. Surrounding Land Uses and Zoning Districts ,Is E. ' ' IL ,,, 4 North ' 111 Commercial/OR Oceanfront Resort _ '� �. } ` " South -p . .. - <s ' t ,b;, I ' _ . .' _ � r Multi-family dwelling units/ "' V t OR Oceanfront Resort t • } East t - ; . ,-'y �4 ir+•, - Eating and drinking establishment/OR + * .. - # ... ' - -1.. MI ." ""'t i'Vt ' 17,----11i Oceanfront Resort West Single-family dwellings/OR Oceanfront Resort Ocean Bay Homes, Inc., a Virginia Corporation Agenda Item 7 Page 1 Background and Summary of Proposal • The applicant requests to develop the site with three Row House Building Types containing 15 residential units, and four Detached House Building Types containing four residential units. In totality, there will be seven separate structures which will contain 19 units. • Eight of the proposed units will not have direct frontage on 30th Street. The Oceanfront Resort District Form- Based Code (FBC) does not allow multiple separated Detached House Building Types or 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. • As shown on the site exhibit, five row houses will front on 30th Street and six row houses will front on Arctic Avenue. Along the alley, there will be four row houses and four detached houses.The row house units will be three stories in height, have two reserved parking spaces, garage space, rear deck,front stoop, and a front balcony. Facade materials will include masonry accents and skirting, standing seam as well as cement fiber siding, board and batten, and shake.The proposed enhancements within the 30th Street right-of-way will align with the existing improvements. On Arctic Avenue,the sidewalk will be widened to six feet in width and street trees will be planted.They alley of 29th 1/2 Street will be widened and improved to Public Works Standards for the width of the site. A combination of pavers, asphalt, and concrete is proposed for the hardscape improvements. O7 Bb (JR dBb L - OR '�\y--�\ . . OR I. T� ��� Zoning History 65\71)dB T)t. , // / # Request j.V",----------T1 CRZ Approved 03/08/2006 2 �// 2 CRZ q Approved 03/12/1997 CD a1 c • �m i " ,-----A' ',' 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 Ocean Bay Homes, Inc., a Virginia Corporation Agenda Item 7 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. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic 7,300 ADT 1(LOS°"C) 30th Street 4,464 ADT 1 10,700 ADT 1(LOS 4"D") Existing Land Use 2-125 ADT Arctic Avenue 6,625 ADT 1 6,200 ADT 1(LOS 4"C") Proposed Land Use 3105 ADT 9,900 ADT 1(LOS°"D") 1 Average Daily Trips 2 as generated by six rental 3 as generated by 18 residential 4 LOS=Level of Service units,one single-family townhomes dwelling,and a five motel units Master Transportation Plan (MTP) and Capital Improvement Program (CIP) 30th Street in the vicinity of this application is considered a three-lane undivided minor urban arterial. The existing infrastructure consists of two eastbound lanes and one westbound lane in a 60 foot right-of-way. It is not included in the Master Transportation Plan. Currently,this segment of roadway is functioning under capacity at a Level of Service C or better. Arctic Avenue in the vicinity of this application is considered a two-lane undivided local street. The existing infrastructure currently resides in a 60 foot right-of-way. It is not included in the Master Transportation Plan. Currently, this segment of roadway is functioning under capacity at a Level of Service C or better. 29th %2 Street in the vicinity of this application is considered an alley. The existing infrastructure currently resides in a 20 foot right-of-way. It is not included in the MTP. Public Utility Impacts Water There is an existing eight-inch City water main on 30th Street and 16-inch City water main on Artic Avenue. Each dwelling unit will have an individual connection to City water. The applicant has worked closely with Public Utilities to propose clustering water meters along 30th Street for the rear units that do benefit from direct frontage on 30th Street or Arctic Avenue.To accommodate this, as part of site plan review, administrative waivers and public utility and maintenance easements may be required. Sewer There is an existing 24-inch City sanitary sewer gravity main on Arctic Avenue and 30th Street. The applicant has worked closely with Public Utilities to propose a new sanitary sewer main on 29th%2 Street that will extend into the site to serve the proposed units.To accommodate this, as part of site plan review, administrative waivers and public utility and maintenance easements may be required. Ocean Bay Homes, Inc., a Virginia Corporation Agenda Item 7 Page 3 Evaluation and Recommendation The site may be developed by-right with a 75-foot-tall apartment building that is capable of yielding more than the proposed 19 dwelling units. The applicant's proposal to use the Row Housing Building Type and Detached House Building Type with less lot area than prescribed results in a lower-density development with larger individual units. By providing all vehicular access to the site from the alley and an internal drive aisle, as well as individual and shared points of pedestrian connection to 30th Street and Arctic Avenue, in Staff's view,the proposal is pedestrian-oriented and the automobile is less emphasized. The building materials and facade design provide clear orientation for pedestrians and align with the Oceanfront Resort District Design Guidelines. While the structures encroach into the front setback,the applicant has worked with Staff to ensure the appropriate level of on-site landscaping can be provided and to ensure that future right-of-way improvements can be accommodated. This proposal includes more points of pedestrian connectivity to the street than an apartment building would typically provide. The overall design results in a pedestrian scale and reasonably achieves the objectives of the Design Guidelines. As part of site plan review, the applicant will be responsible for maintaining or reconstructing the existing portion of the sidewalk adjacent to the subject site along Arctic Avenue and 30th Street.The applicant will dedicate to the City of Virginia Beach a two-foot wide strip of land adjacent to and running parallel with 29'%2 Street (alley).The applicant will also improve the portion of the alley adjacent to the site in accordance with Public Works Standards. Section 7.3.3 of the Form-Based Code provides the review standards for an Alternative Compliance request. 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. In Staff's view, as described above, the proposal results in a pedestrian-scale development that achieves the objectives of these goals and standards. 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, subject to the 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 improvements to the site shall be substantially as shown on the landscaping "Revised Site Plan for 15 Row Homes" exhibit included in this report. 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 Building Code or as part of the final site plan review,the structures on the site shall be substantially as shown on the proposed elevations and renderings included in this report. Said drawings have been exhibited to the City Council and are on file in the Department of Planning. 3. The exterior materials shall consist of cementious fiber siding, board and batten, and shake as well as architectural shingles and standing seam metal roofing. Ocean Bay Homes, Inc., a Virginia Corporation Agenda Item 7 Page 4 4. At the time of installation, and during subsequent maintenance and/or replacement of the plant material on the site,the planting plan shall be substantially as shown on the proposed site layout and landscaping exhibit referenced in Condition #1. All plant material 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 proposed site layout and landscaping exhibit. 5. For 30th Street,Arctic Avenue, and 29th 1/2 Street,the applicant shall make all proposed right-of-way improvements and any additional improvements further required as part of development site plan review. 6. All mechanical equipment shall be screened from view from the public right-of-way.The location and screening of receptacles for trash and recycling shall follow the applicable City standards. 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. Ocean Bay Homes, Inc., a Virginia Corporation Agenda Item 7 Page 5 Proposed Site Layout and Landscaping (Condition #1) ir- gr $� OD 'i111l j ? r •- - — - — - - - rte► �� t� g i I ° �___ _ .ter _ — L . 411 wr lb --------_ -- '. ( _ ,----= ;--- > ,! ..1 lit 'i �!1'�I i $, i .eee b , lizz.11 ' 1 yio 4 1' ►i&r 1a, W N ��kl .�l.IQDOeOe OtE1Le: QI �R ' °� o w Fil> X10 • 1048611= oft its t� ►_< �iiir p 1a elltillifflrs*,„,,,,, 40 Mt .. v ll f ie 'N ` if \y N't I A LI \\ v la'• so,.2Lotip..ye Qo�eO �ffi cWo V.�owe�?.00 j 3 ■ < '. '� 4 1- !� '"iii �:fi ,o0'L O 00'9 6 FAp ry (oi y ,:l.9 a)6. .os) g 3f /1N3A V , DHV Ocean Bay Homes, Inc., a Virginia Corporation Agenda Item 7 Page 6 Proposed Renderings (Condition #2) Is- II u �.. Ip n w _i i ....Iii 1 ',:: ., ... .• . ' pp ja- as riiuii A :. - i 4, IIIII II ii . ® i- t i �. .0- " :-_-__•-•pa ; 07 a0 ii usi ma , IH,_ ! t *Recommended for removal by Planning Commission Ocean Bay Homes, Inc., a Virginia Corporation Agenda Item 7 Page 7 Proposed Elevations (Condition #2) s - IIIIiiiIIIIII■�� - - ■ Flo _®--::n-=:: 1111' _®_::_ 1111 El1111 _®= lillt i, :: ,1 I-,,,,-=1111= „ 111 IHI - .... �„i „! �� 3 11' 11 I. III ,.rm fi l is_ IIIMIIIIIIIIIIIIIIIIII1II MIII!I _ - i �■�!6� e — II 11 (=11=I-II'ri----I.-Fig=II iI: 13.21:-.-.11, I_l1 J j I=i!I Ii ri �l1= lin I a 'I • II II "' 1111 '=' 1111 Al "' —11'11 "' 1111 "-' VIII 1111 11IIl I III' I 11_111 I ��{; I 1 1111 flu ;1�I I_1111_I Ito I 1111 ;� 1111 I — 1111' ii ■ 11 11 In 11 11 11 11 11 II ��T�� ,11 11 I' �� 11 ��H ��,■I�11 1�, H. 11'11 �� 1-41 iiiiilll It .. .. i. 1111 M Eli MI MIII Tall 1........1 I mi I....�m..I ....Im...I I......�.I I_..._..mI II II Im..�.mm.I�I I ',, I I _J I___..momI I I�iWWWW0�J II l-...mm .I '� r <[L3 III...•.:.m.1 ■:I milgo 1.....1•.•I:■■..•a...e .:::.....m..It E■ 1_y14 Ocean Bay Homes, Inc., a Virginia Corporation Agenda Item 7 Page 8 Disclosure Statement Virginia Beach APPLICANT'S NAME Ocean Bay Homes, Inc. 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 1 [-Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDLP) 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. 4 • SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All d,sc"osures must be updated t.,.,o 12 u.eea s p, or TO ans Page 1 of 7 Flap un COnurarssicit end C,ty Cornu! IneeUnq;hat peltains is Eh,apt)hcanon;S O APPL;CAN T NOT IFIEC OF HEARING 41L �i r • NO CHANGES AS 9JA Ey � 56 , c 2 Knstale Gay `^ • REVISIONS SUBMIT—ED pTL Ocean Bay Homes, Inc., a Virginia Corporation Agenda Item 7 Page 9 Disclosure Statement VB Virginia Beach I ! Check here if the APPLICANT IS _NOT a corporation, partnership, firm, business, or other unincorporated organization. ECheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Ocean Bay Homes, Inc. If an LLC, list all member's names: Brian C. Large, President; Bradley J. Waltzer, Vice President 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) 1 See next page for information pertaining to footnotes and 2 4 I SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ® Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN,complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 Ocean Bay Homes, Inc.,a Virginia Corporation Agenda Item 7 Page 10 Disclosure Statement 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 t 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 (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. 1 SECTION 3. SERVICES DISCLOSURE Ore any of the following services being provided in connection with the subject of th application or any business operating or to be operated on the Property. If the answe _o any item is YES, please identify the firm or individual providing the service: II TH OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTIOI iEPERATELY Pang 1 of 7 Ocean Bay Homes, Inc.,a Virginia Corporation Agenda Item 7 Page 11 Disclosure Statement \NJ APPLICANT Virginia Beach YES ( NO SERVICE + PROVIDER use additional sheets it V( Accounting and/or preparer of " your tax return Architect/Landscape Architect/ Land Planner © ❑ Contract Purchaser(if other than CCW Development Associates,LLC the Applicant)- identify purchaser assigning to Applicant;Christopher J. and purchaser's service providers Ettel/Chancey Walker Any other pending or proposed X purchaser of the subject property (identify purchaser(s)and purchaser's service providers) I 1 IFConstruction Contractors EEngineers/Surveyors/Agents WPL Financing(include current TowneBank ® ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) CEl Legal Services Sykes,Bourdon,Ahern&Levy,P.C. Real Estate Brokers / Rose&Womble Realty;Sandy , Agents/Realtors for current and Hughes anticipated future sales of the I 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 f ® 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 Ocean Bay Homes, Inc.,a Virginia Corporation Agenda Item 7 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 Application. _ Brian C. Large, President 2(01117 APP ytEMW / PRINT NAME DATE / _ Ocean Bay Homes, Inc., a Virginia Corporation Agenda Item 7 Page 13 Disclosure Statement 1\B OWNER Virginia Beach I YES NO SERVICE [ RdIbER (use additional sheets if needed) nAccounting and/or preparer of your tax return nArchitect / Landscape Architect I Land Planner Contract Purchaser(if other than CCW Development Associates, LLC (�� the Applicant) - identify purchaser assigning Contract to applicant; and purchaser's service providers Christopher J. Ettel/Chancey Walker I Any other pending or proposed purchaser of the subject property k (identify purchaser(s) and purchaser's service providers) I Construction Contractors © ` Engineers /Surveyors/Agents Financing (include current TowneBank X f— mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Bruce Mills, Esquire Real Estate Brokers / Rose&Womble Realty; Sandy Agents/Realtors for current and Hughes 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? Ocean Bay Homes, Inc.,a Virginia Corporation Agenda Item 7 Page 14 Disclosure Statement Virginia Beach 1 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 me-,ting of any public body or committee in connection with this Application.,,. , __,` iris Soffee Lee PROP -, OWNER 5 SIG`f TUBE i PRINT NAME ; DATE I________ --- I_ i 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. , ,/,� Iris Soffee Lee, Executrix i d •_.d . : / , ___. 1, /42, '..PERTY • NE.,71 NA, ? T RINT NAME DATE Es.-te of Ge - d C. Essay., Deceased i I esi■r► MIIMINIIIIIIIIIIIMINEW CER'T'IFICATION: I certify that all of th•r. information contained in this Disclosure Statement Form is complete,true,and>r :curate. I understand that, upon receipt of notification that the application has been scheduled fOr publi: hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VEDA meeting, or meetly" of any public body or committee in connection with this A. , ication. John M. Dedeian 1.-b•>? rOWNS'S sictwn RE PRINT NAME ,DATE Ocean Bay Homes, Inc.,a Virginia Corporation Agenda Item 7 Page 15 Item#7 Ocean Bay Homes, Inc. Alternative Compliance Southeast Corner of 30th Street, Arctic Avenue and 29% Street District 6 Beach May 10, 2017 CONSENT An application of Ocean Bay Homes, Inc. for an Alternative Compliance on the Southeast Corner of 30th Street, Arctic Avenue and 29 Y2 Street, District 6, Beach. GPIN: 2418-91-9518-0000; 2428-01-1534-0000; 2418-91-9469-0000; 2428-01-0661-0000; 2418-89-9579-0000; 2428-01-0610-0000. CONDITIONS 1. With the exception of any modifications required by any of these conditions or as a result of development site plan review, the improvements to the site shall be substantially as shown on the proposed site layout and landscaping "Revised Site Plan for 15 Row Homes" exhibit included in this report. 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 Building Code or as part of the final site plan review, the structures on the site shall be substantially as shown on the proposed elevations and renderings included in this report. Said drawings have been exhibited to the City Council and are on file in the Department of Planning. 3. The exterior materials shall consist of cementious fiber siding, board and batten, and shake as well as architectural shingles and standing seam metal roofing. 4. At the time of installation, and during subsequent maintenance and/or replacement of the plant material on the site,the planting plan shall be substantially as shown on the proposed site layout and landscaping exhibit referenced in Condition#1.All plant material 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 proposed site layout and landscaping exhibit. 5. For 30th Street, Arctic Avenue, and 29th %Street, the applicant shall make all proposed right-of-way improvements and any additional improvements further required as part of development site plan review. 6. All mechanical equipment shall be screened from view from the public right-of-way.The location and screening of receptacles for trash and recycling shall follow the applicable City standards. A motion was made by Commissioner Oliver and seconded by Commissioner Rucinski to approve item 7. AYE 10 NAY 0 ABS 0 ABSENT 1 Item#7 Ocean Bay Homes, Inc. Page 2 HODGSON AYE HORSLEY ABSENT INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 10-0,the Commission approved item 7 for consent. Eddie Bourdon appeared before the Commission on behalf of the applicant. / /7 _..,... _ --......„.m..., -----, N. ,.... 4...... T"--7 i----- /1 r- -.-----,,,__ •-.. CI/ ------______ .....,,.... 1, 1_,...... --___. 7 ..„.........._ /7---- / --,. 11/ ----"--,-„,1 I 2 ',.., / -------71,4 1 I F„,,,,, --..,_.,....0 , , , --7 49/ , ____-.....,. 14 -'-------- .s., „ ,_,_____i ,1 Liii / -'------ , IZ . '.7 \ __------ \ ) 0 , ---,... .. '''', / ..,.._ ,IL"'„/ TT! ..„/ / N ./ ...„. , -: --,, ....... \ 'X • I 1-----------,..._7 / ,, .,..„ . 0 \-----\ i i \ , ti.. / \ ,--' \ , . \------- / . / \ . .,, 1---------...,-. ,/ .,. , Lr---- ../ . .. , \ , , \ \ ..., „.. / / cep / ..... .... / iNik.( ., . .\• ,./,,. N , i, .. . . . \ , .... ..., , . . ,. . ..,.. .,. . .... ., , . ,.. , \ ..\., .... „_......_ _ ___ iT: _iji, ,, t , / .•.:::47..., : .ii 1 .....„ , - .....„, , . / ., ,.. __......__ , , f-- • . .._ ...„......, _....... _____ / .4,_ 7...._. , / /No 4,,,_ . , .., 7,......„ , , 7- / a- ....- ,./- / . . , ......„ . . \ .„ ... / / ---„,., r________\ \ / /" .... / , /...„, . / \ ___.. / 16,--5----- \in \//// . / '.. .1 7 -i LA ---------A,J in 4.,. 7 eV / .T.- --,. ...,----- a) : . / 7.1//\\N ,. , ///\\ -„, z' Ks. \ \ '.N---;t:'' / .:_ / ( Sj CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CONNIE L. HIEBERT [Applicant] CONNIE & ANTHONY HEIBERT [Property Owners] Conditional Use Permit (Home-Based Wildlife Rehabilitation Facility) 2905 Bamberg Place (GPIN 1496427970). COUNCIL DISTRICT — ROSE HALL MEETING DATE: June 20, 2017 • Background: Initially, the applicant was unaware of the need for a Conditional Use Permit for wildlife rehabilitation and submitted an "after-the-fact" application in 2016. At that time, it was conveyed to her that the use was not permitted in the PD-H1 District. Councilman Davenport requested an amendment to the Zoning Ordinance to permit home-based wildlife rehabilitation in the PD-H1 District under certain conditions. The amendment was approved by the City Council on April 4, 2017. The applicant is now requesting a Conditional Use Permit for a Home-Based Wildlife Rehabilitation Facility in order to care for small mammals, specifically squirrels, rabbits, and opossums. There are several existing outdoor enclosures located in the rear yard, which is enclosed with a solid, six-foot high privacy fence. • Considerations: The applicant is licensed with the Virginia Department of Game and Inland Fisheries as a Category 2A Wildlife Rehabilitator and 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. As recommended by Staff, the applicant has discussed this request with the surrounding property owners and included several letters of support from her neighbors with the application. She also provided a letter of support from the Magic Hollow Community Association. Staff is unaware of any opposition to this request. Further details pertaining to the proposal, as well as Staff's evaluation of the request, are provided in the attached Staff report. • 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 10-0, 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. Connie L. Hiebert Page 2 of 2 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 six-foot high privacy fence that encloses the backyard, such that all activity and all structures associated with the Home- Based Wildlife Rehabilitation Facility are screened from view. 5. Pre-release cages, depicted on the site layout, shall be equipped with a double- door system for the protection of the handler and of the wildlife. 6. All wildlife 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 De• . - 4 - , - gency: Planning DepartmereltrAA1±10f City Manager. Applicant Connie L. Hiebertv.3 Agenda Item Property Owners Connie & Anthony Hiebert Public Hearing May 10, 2017 City Council Election District Rose Hall 6 Virginia Beach Request Conditional Use Permit(Home-Based Wildlife 4 Rehabilitation Facility) , ' API1 Staff Recommendation �/ �F L< Approval A PZ2 ♦r Q° ____ API 11. Staff Planner Jonathan Sanders >75dBONL 3� %, Grgr Pia,. 1 /P Location 34 DA 1.P>. 2905 Bamberg Place ouboa Pur. • GPIN t 1496427970 Ourbon Plan Site Size i 0.16 acres Gufnq Planari.. AICUZM'gir"oh,.R oul..ard Greater than 75 dB DNL;APZ 2 Watershed Chesapeake Bay Existing Land Use and Zoning District Single-family dwelling/ PD-H1 Planned Development 4i iv ..t. .., . Surrounding Land Uses and Zoning Districts North Bamberg Place �. Single-family dwellings/PD-H1 Planned Development . ce South Cherie Drive Open space/PD-H1 Planned Development East Single-family dwelling/ PD-H1 Planned y. : s Development i West Single-family dwelling/ PD-H1 Planned Development Connie L. Hiebert Agenda Item 6 Page 1 Background and Summary of Proposal • The applicant requests a Conditional Use Permit for a Home-Based Wildlife Rehabilitation Facility to care for orphaned and injured wildlife, particularly squirrels, rabbits, and opossums. • The applicant is licensed with the Virginia Department of Game and Inland Fisheries (VDGIF) as a Category 2A Wildlife Rehabilitator. • According to the application, neonate and injured animals will be housed in a wildlife room (attached garage) that is set up solely for their care. It is anticipated,that on average,the animals will be cared for indoors for approximately 12 to 14 weeks. Once the animals are able,they will be relocated to one of these enclosures for acclamation to the elements. No animals will be released on the property. • Animals are referred to the applicant from the Virginia Beach SPCA,the Virginia Beach Animal Control, private citizens, and licensed veterinarians. R-7.5 j� PD-HI i R- AP2t i No Zoning History to Report PD-H, PD-H- ; 441 PD 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 identifies this site as being located within the Suburban Area. The general planning principles for the Suburban Area focus on creating and maintaining great neighborhoods through stability and sustainability; protecting and enhancing open spaces and places of cultural and historical significance; and creating and maintaining a transportation system that provides connectivity and mobility. Achieving these goals requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability, and effective buffering with respect to type, size, intensity and relationship to the surrounding uses. Connie L. Hiebert Agenda Item 6 Page 2 Natural and Cultural Resources Impacts The site is located in the Chesapeake Bay watershed. There do not appear to be any significant natural or cultural features associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic - Bamberg Place No Data Available Existing Land Use z3.10 ADT1 Proposed Land Use 10 ADT 'Average Daily Trips 2 as defined by one single- 3 as defined by one single-family family dwelling dwelling with home-based wildlife rehabilitation Public Utility Impacts This site is currently connected to both 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 is similar to other wildlife rehabilitation requests within the Suburban Area. The backyard is enclosed with a six-foot privacy fence,which provides sufficient screening of the cages.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. In Staff's view,the existing six-foot high wooden privacy fence provides sufficient screening of the four existing structures,as they are not visible from any public right-of-way. The applicant has submitted a petition of support signed by many of her neighbors and a letter of support from the President of the Magic Hollow Community Association. Staff is not aware of any concerns or opposition to this request. Based on the considerations above, Staff finds the application to be an acceptable use and recommends approval of the request subject to the conditions below. 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 six-foot high privacy fence that encloses the backyard, such that all activity and all structures associated with the Home-Based Wildlife Rehabilitation Facility are screened from view. Connie L. Hiebert Agenda Item 6 Page 3 5. Pre-release cages, depicted on the site layout, shall be equipped with a double-door system for the protection of the handler and of the wildlife. 6. All wildlife 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. Connie L. Hiebert Agenda Item 6 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. Connie L. Hiebert Agenda Item 6 Page 5 Site Layout Enclosures 0.5' rN CO ON AREA 1 5' DRAINAGE & Ie(F) , - _ _ _ S 77'53'37" WunurY E51r'T. 96.81' sA.e, 07, PC, 1s C Y _ ,� _ 0.4' IN '^ METAL 0.3' IN 3N U• X9.9' SHED LOT ELEC. TRANC/J INF) FENCE (TYP)`i Enclosure —7-77177) ;A.3 STORY0.1' IN 0.1' OUT '! 1 M fke Enclosure N b •2905 PAU O LOT 16 IA V:.ip 1;) / LOT 14 20.3' I h W 1 q 5' DRAINAGE he 5' QR/UNAC, k UTILITY ES>a'T. UTILITY ESM'T, A1.0. 97, PC. 11 11.9. 97. PO. 11 IP(f) •' Ra50.00' CP'71 BAMBERG PLACE Connie L. Hiebert Agenda Item 6 Page 6 Site Photos iptv Ili 4 •-t'-'•'4 t '. O. IIP 4/14i a • 7 J� - . M111.11.11111111111111111111/ 1 ti • "I stl 0 ' r .., , , / , . 1 _ .•• . .._ „ ,i , . ,, .4, { (,,,, t+�+q-,.,,.- -4 -.,;',--,..:zF P -4:.4 , 14�A :j.,ty *~ » ''' $ - r..°�5'7- 3, •J- y' ,� 4�y P .-.>,..,!!:',.,fw i ta4. n ;' 74-'''. ri ,. x. ',— 'h.. ":°*.-, ,-•I_ '%`. ,. ,. , >. . '•' _ .,, Connie L. Hiebert Agenda Item 6 Page 7 Site Photos P , i { , r4 i"y .' 'fir �4 � ict , 1- .r . 1111 t „, ,. „,. _ ,„,. ...•,..........•...pow- _.. _. ' 1 4 ON go 1 il _- ,, F � 4 Y { ,. 1. .�.F h •"•'3.. ♦ M'1'a lye .. •tt1 k t_ 2.J [: r * { j,.i nye iy y F . ■.*a cy`t * R ". �`:h. r. -i l6. ". v.,i t ,`:{ t M1.— { 110.4 . ‘4.:',. sh �5'Y^�K "� y�^. y�'3st .�Y 1 �.kw✓ t� tn- � •��. '� y� �'J. i 1on{7. ♦V. I ! 1;[ X4 ""S L 3 . A. „11 Connie L. Hiebert Agenda Item 6 Page 8 Disclosure Statement 10 Virginia Beach APPLICANT'S NAME Connie L. Hiebert 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 aboard, 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 0 SECTION 1 / APPLICANT DISCLOSURE I OR Ci 1 Y :;Sr ONLv :. Page 1 of 7 O Ai'i I(ANI NOMI It I)01 Iii ARINt NO(HANCi S AS OF A/6/17 J S' Jonathan Sanders REVISIONS SUBMITTFr Connie L. Hiebert Agenda Item 6 Page 9 Disclosure Statement Virginia Beach ® Check here if the APPLICANT IS NOT a corporation, partnership,"firm, business, or other unincorporated organization. EiCheck here If the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: 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 t 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 aronerty owner is different from Applicant. v.. 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 7 Connie L. Hiebert Agenda Item 6 Page 10 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members,trustees, etc. below: (Attach list if necessary) (8) List the businesses that have a parent-subsidiary l 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, (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 Connie L. Hiebert Agenda Item 6 Page 11 Disclosure Statement Mot APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) ® ED Accounting and/or preparer of Larry Clemens Bookkeeping your tax return ❑ 4 Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than ❑ The AoolicanU-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) W FArl Construction Contractors ❑ Engineers/Surveyors/Agents Ward M.Holmes Financing (include current Bank of America mortgage holders and lenders ❑ selected or being considered to provide financing for acquisition or construction of the property) ❑ ® Legal Services Real Estate Brokers/ ❑ i Agents/Realtors for current and anticipated future sales of the subject property 4 SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ I 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 Connie L. Hiebert Agenda Item 6 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, VBDA meeting, or meeting of any public body or committee in connection with this Application. 0 '. 144.444,1-- Connie L. Niebe'+ '1/5/17 P OPERTY OWNER'S SIGNATURE PRINT NAME DATE Connie L. Hiebert Agenda Item 6 Page 13 Disclosure Statement \a OWNER Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) Accounting and/or preparer of Larry Clemens Bookkeeping your tax return �-' Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than El ® the Annlicant)-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) lir4 Construction Contractors Engineers/Surveyors/Agents Ward M.Holmes Financing(include current Bank of America ❑ mortgage holders and lenders 61 selected or being considered to provide financing for acquisition or construction of the property) ® Legal Services Real Estate Brokers / LI ® 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 Connie L. Hiebert Agenda Item 6 Page 14 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 Application. Come L. F4 ber+ ,y/5//r P OPERTY OWNER'S SIGNATURE PRINT NAME DATE Page 7 of 7 Connie L. Hiebert Agenda Item 6 Page 15 Item#6 Connie L. Hiebert Conditional Use Permit 2905 Bamberg Place District 3 Rose Hall May 10, 2017 CONSENT An application of Connie L. Hiebert for a Conditional Use Permit(Home-Based Wildlife Rehabilitation Facility) on property located at 2905 Bamberg Place, District 3, Rose Hall. GPIN: 1496-42-7970-0000. 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 six-foot high privacy fence that encloses the backyard,such that all activity and all structures associated with the Home-Based Wildlife Rehabilitation Facility are screened from view. 5. Pre-release cages, depicted on the site layout, shall be equipped with a double-door system for the protection of the handler and of the wildlife. 6. All wildlife 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 Rucinski to approve item 6. AYE 10 NAY 0 ABS 0 ABSENT 1 HODGSON AYE HORSLEY ABSENT INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE Item#6 Connie L. Hiebert Page 2 By a vote of 10-0,the Commission approved item 6 for consent. The applicant Connie L. Hiebert appeared before the Commission. 1.6 IT!"" psi CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH - AN ORDINANCE TO AMEND SECTIONS 111, 203, 230, 901 AND 1001 OF THE CITY ZONING ORDINANCE PERTAINING TO THE DEFINITION, PARKING REQUIREMENTS, CONDITIONAL REQUIREMENTS AND THE ESTABLISHMENT AS A CONDITIONAL USE IN THE BUSINESS, INDUSTRIAL & OCEANFRONT RESORT FORM-BASED CODE DISTRICTS OF CRAFT WINERIES MEETING DATE: June 20, 2017 • Background: In 2014, an Ordinance was adopted establishing Craft Breweries and Craft Distilleries as conditional uses in certain zoning districts. Since that time, there has been interest expressed by Craft Wineries to locate in the city. The Zoning Ordinance allows for "Farm Wineries" in agriculturally zoned districts, and "Wine Tasting Rooms" in certain commercially zoned districts; however, Craft Wineries are currently not addressed, and therefore not permitted. • Considerations: This Ordinance would allow Craft Wineries as a conditional use in the B-1A Limited Community Business, B-2 Community Business, B-3 Central Business District, B-4C Central Business Mixed Use, I-1 Industrial and the Oceanfront Resort Districts. The definition of a Craft Winery will be added to Section 111 of the Zoning Ordinance, as follows. Craft Winery: A facility, other than a farm winery, that produces, manufactures and distributes wine, and at which wine is served to customers for on premise and off-premise consumption, and at which food may be prepared and served. The parking requirements, as listed below, will also pertain to Craft Breweries and Craft Distilleries. Craft breweries, craft distilleries, and craft wineries: One (1) space per one hundred (100) square feet of area open to the public for drinking, eating and congregating, and one (1) space per employee on the maximum working shift. City of Virginia Beach Page 2 of 2 ■ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request. • Attachments: Staff Report Minutes of Planning Commission Hearing Ordinance Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Depart - it/Agency: Planning Department P . . , City Manager:Oki,. , 1 AN ORDINANCE TO AMEND SECTIONS 111, 203, 2 230, 901, 1001 OF THE CITY ZONING 3 ORDINANCE AND SECTION 5.2 OF THE 4 OCEANFRONT RESORT FORM-BASED CODE 5 PERTAINING TO THE DEFINITION, PARKING 6 REQUIREMENTS, CONDITIONAL 7 REQUIREMENTS AND THE ESTABLISHMENT AS 8 A CONDITIONAL USE IN THE BUSINESS, 9 INDUSTRIAL AND OCEANFRONT RESORT 10 FORM-BASED CODE DISTRICTS OF CRAFT 11 WINERIES 12 13 Sections Amended: §§ 111, 203, 230, 901 and 1001 14 of the City Zoning Ordinance, § 5.2 of the Oceanfront 15 Resort Form-Based Code 16 17 WHEREAS, the public necessity, convenience, general welfare and good zoning 18 practice so require; 19 20 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 21 VIRGINIA: 22 23 That Sections 111, 203, 230, 901 and 1001 of the City Zoning Ordinance and 24 Section 5.2 of the Oceanfront Resort Form-Based Code are hereby amended and 25 reordained to read as follows: 26 27 Sec. 111. Definitions. 28 29 . . . . 30 31 Craft winery. A facility, other than a farm winery, that produces, manufactures and 32 distributes wine, and at which wine is served to customers for on-premise and off-premise 33 consumption, and at which food may be prepared and served. 34 35 . . . . 36 37 Sec. 203. Off-street parking requirements. 38 39 (a) The following specified uses shall comply with the off-street parking requirements 40 designated therefor: 41 42 . . . . 43 44 (9.1) Craft breweries, craft distilleries, and craft wineries: One (1) space per one 45 hundred (100) square feet of area open to the public for drinking, eatinq and 46 congregating, and one (1) space per employee on the maximum working 47 shift. 48 49 . . . . 50 51 Sec. 230. - Craft breweries,and craft distilleries and craft wineries. 52 53 (a) In addition to general requirements, craft breweries shall be subject to the following 54 provisions: 55 56 (1) A valid license issued by the Virginia Alcoholic Beverage Control Board shall 57 be held by the establishment at all times, and the conditions of any such 58 license shall be incorporated by reference into any conditional use permit 59 authorizing a craft brewery; 60 61 (2) Beer or other fermented malt beverages, non-alcoholic beverages, and food 62 may be served; 63 64 (2.5) Unless expressly allowed by the conditional use permit, there shall be no 65 food preparation; 66 67 (3) Beer or other fermented malt beverages may be sold for on-premises 68 consumption and for off-premises consumption at retail or wholesale; 69 70 (4) Unless expressly allowed by the conditional use permit, there shall be no 71 sale or consumption of alcoholic beverages on the premises between 72 midnight and ten o'clock (10:00) a.m.; 73 (5) Live music shall be performed only inside the establishment and doors and 74 windows shall remain closed during such performances, except during the 75 actual ingress and egress of patrons and employees; and 76 77 (6) The city council may impose such reasonable conditions as it deems 78 necessary to avoid or mitigate adverse impacts upon other property.-; and 79 80 Off-street parking shall be calculated in accordance with the requirements of 81 Section 203. 82 83 (b) In addition to general requirements, craft distilleries shall be subject to the following 84 provisions: 85 86 (1) A valid license issued by the Virginia Alcoholic Beverage Control Board shall 87 be held by the establishment at all times, and the conditions of any such 88 license shall be incorporated by reference into any conditional use permit 89 authorizing a craft distillery; 90 2 91 (2) Only spirits and non-alcoholic beverages may be served unless otherwise 92 permitted under applicable state alcoholic beverage control laws and 93 regulations for private events; 94 95 (2.5) Unless expressly allowed by the conditional use permit, there shall be no 96 food preparation; 97 98 (3) Spirits may be sold for on-premises consumption or off-premises 99 consumption at retail or wholesale; 100 101 (4) Unless expressly allowed by the conditional use permit, there shall be no 102 sale or consumption of alcoholic beverages on the premises between 103 midnight and ten o'clock (10:00) a.m.; 104 105 (5) Live music shall be performed only inside the establishment and doors and 106 windows shall remain closed during such performances, except during the 107 actual ingress and egress of patrons and employees; and 108 109 (6) The city council may impose such reasonable conditions as it deems 110 necessary to avoid or mitigate adverse impacts upon other property.-; and 111 112 ) Off-street parking shall be calculated in accordance with the requirements of 113 Section 203. 114 115 Lcj In addition to general requirements, craft wineries shall be subject to the following 116 provisions: 117 118 (1) A valid license issued by the Virginia Alcoholic Beverage Control Board shall 119 be held by the establishment at all times, and the conditions of any such 120 license shall be incorporated by reference into any conditional use permit 121 authorizing a craft winery; 122 123 (2) Only wine produced by the operator of the facility, on-site or off-site, non- 124 alcoholic beverages, and meals prepared in the facility may be served. For 125 the purpose of this section, "meals" shall mean an assortment of foods 126 commonly ordered in a bona-fide, full-service restaurants as principal meals 127 of the day; 128 129 (3) Wine may be sold at retail/wholesale for on-site and off-site consumption; 130 131 a) Unless expressly allowed by the conditional use permit, there shall be no 132 sale or consumption of wine on the premise between midnight and ten 133 o'clock (10:00) a.m.; 134 135 Live music shall be performed only inside the establishment and doors and 136 windows shall remain closed during such performances, except during the 3 137 actual ingress and egress of patron and employees, unless specified in the 138 Conditional Use Permit; 139 140 The city council may impose such reasonable conditions as it deems 141 necessary to avoid or mitigate adverse impacts upon other properties; and 142 143 (7) Off-street parking shall be calculated in accordance with the requirements of 144 Section 203. 145 146 Sec. 901. - Use regulations. 147 148 (a) Principal and conditional uses. The following chart lists those uses permitted within 149 the B-1 through B-4K Business Districts. Those uses and structures in the respective 150 business districts shall be permitted as either principal uses indicated by a "P" or as 151 conditional uses indicated by a "C." Uses and structures indicated by an "X" shall be 152 prohibited in the respective districts. No uses or structures other than as specified shall be 153 permitted. 154 Use B-1 B-1A B-2 B-3 B-4 B-4C B-4K Craft breweries, subject to the provisions of Section 230 X X CCX C X Craft distilleries, subject to the provisions of Section 230 X X CCX C X Craft wineries,subject to the provisions of Section 230 X X CCX C X . . . . X X X X C X X 155 156 Sec. 1001. - Use regulations. 157 158 (a) Principal and conditional uses. The following chart lists those uses permitted within 159 the I-1 and 1-2 Industrial Districts. Those uses and structures in the respective industrial 160 districts shall be permitted as either principal uses indicated by a "P" or as conditional uses 161 indicated by a "C." Uses and structures indicated by an "X" shall be prohibited in the 162 respective districts. No uses or structures other than as specified shall be permitted. 163 Use I-1 1-2 4 Craft distilleries, subject to the provisions of Section 230 C X Craft wineries, subject to the provisions of Section 230 C X Day-care and child care education centers C C 164 165 APPENDIX 1. - OCEANFRONT RESORT DISTRICT FORM-BASED CODE 166 167 Sec. 5.2 Permitted Use Table 168 MIXED-USE COMMERCIAL APARTMENT ROW DETACHED CIVIC BUILDING BUILDING BUILDING HOUSE HOUSE BUILDING Ground Upper Ground All Ground Upper Use Standard USE Floor Floors Floor Floors Floor Floors All Floors All Floors /Notes COMMERCIAL Craft breweries C C C -- -- -- -- -- See Sec.230 Craft distilleries C C C -- -- -- -- -- See Sec.230 Craft wineries C C C _ _ - _ = See Sec.230 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: Barry F anken lel B. Kay Wil Department Planni City Attorn • 's Office CA14040 R-2 April 20, 2017 5 Applicant City of Virginia Beach Agenda Item Public Hearing May 10, 2017 Craft Wineries 8 circ of Virginia Beach Request An Ordinance to Amend Sections 111, 203, 230,901, 1001 of the City Zoning Ordinance and Section 5.2 of the Oceanfront Resort Form-Based Code pertaining to the definition, parking requirements, conditional requirements and the establishment as a Conditional Use in the Business, Industrial and Oceanfront Resort Form-Based Code Districts of Craft Wineries. Summary of Request In 2014,an Ordinance was adopted establishing craft breweries and craft distilleries as conditional uses in certain zoning districts. Since that time,there has been interest expressed by craft wineries to locate in the City.The Zoning Ordinance allows for"farm wineries" in agriculturally zoned districts,and"wine tasting rooms" in certain commercially zoned districts; however,craft wineries are currently not addressed, and therefore not permitted. This Ordinance would allow craft wineries as a conditional use in the B-1A Limited Community Business, B-2 Community Business, B-3 Central Business District, B-4C Central Business Mixed Use, I-1 Industrial and the Oceanfront Resort Districts.The definition of a craft winery, as listed below,will be added to Section 111 of the Zoning Ordinance. Craft Winery:A facility, other than a farm winery, that produces, manufactures and distributes wine, and at which wine is served to customers for on-premise and off-premise consumption, and at which food may be prepared and served. Other requirements for a Conditional Use Permit for a craft winery will identified in Section 230 of the Zoning Ordinance. Parking requirements for this use will be added to Section 203 of the Zoning Ordinance.The parking requirements,as listed below,will also pertain to craft breweries and craft distilleries. Craft breweries, craft distilleries, and craft wineries:One(1)space per one hundred(100)square feet of area open to the public for drinking, eating and congregating, and one(1)space per employee on the maximum working shift. Recommendation Staff recommends approval of this Ordinance. Craft wineries are, in Staff's opinion,a compatible use within the applicable commercial, industrial and Oceanfront districts included in this Ordinance.Additionally,Staff believes that craft wineries may provide a unique destination for the City's residents and visitors. Consistent with craft breweries and craft distilleries, conditions will be required with the Conditional Use Permit approval that will mitigate adverse impacts on the surrounding properties. City of Virginia Beach Agenda Item 8 Page 1 Item#8 City of Virginia Beach An Ordinance to Amend Sections 111, 203, 230, 901, 1001 of the City Zoning Ordinance and Section 5.2 of the Oceanfront Resort Form-Based Code pertaining to the definition, parking requirements, conditional requirements and the establishment as a Conditional Use in the Business, Industrial and Oceanfront Resort Form-Based Code Districts of Craft Wineries May 10, 2017 CONSENT An Ordinance to Amend Sections 111, 203, 230,901, 1001 of the City Zoning Ordinance and Section 5.2 of the Oceanfront Resort Form-Based Code pertaining to the definition, parking requirements, conditional requirements and the establishment as a Conditional Use in the Business, Industrial and Oceanfront Resort Form-Based Code Districts of Craft Wineries. A motion was made by Commissioner Oliver and seconded by Commissioner Rucinski to approve item 8. AYE 10 NAY 0 ABS 0 ABSENT 1 HODGSON AYE HORSLEY ABSENT INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 10-0,the Commission approved item 8 for consent. Kevin Kemp appeared before the Commission. H7 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH - 2016 COMPREHENSIVE PLAN AMENDMENT — AMENDING THE POLICY DOCUMENT TO REFERENCE AND IDENTIFY SEAPINES STATION AND TO AMEND THE REFERENCE HANDBOOK TO ADD THE VOLUNTARY DESIGN GUIDELINES FOR SEAPINES STATION IN REFERENCE TO DESIGN COMPONENTS MEETING DATE: June 20, 2017 • Background: The proposed amendment to the Comprehensive Plan is the result of implementing the "Agenda for Future Action" in Chapter 1, Section 1.3 — Suburban Area, which reads: Study the area between Holly Road and Pacific Avenue, north of 32nd Street to 42nd Street (the southern boundary of North End SFA) to determine need for infill development and redevelopment policies and design guidelines. The Planning Commission created a workgroup to study the area, now known as Seapines Station, to review development and redevelopment trends in the neighborhood. As a result of this effort, the workgroup developed the proposed Seapines Station Design Guidelines that provide recommendations related to site layout, architectural elements, scale and massing, parking, and plantings. The workgroup held a public meeting in January 2017 within the neighborhood to provide information to property owners, and others about the voluntary Design Guidelines. • Considerations: The voluntary Design Guidelines will be a resource for property owners, builders, and developers seeking to make improvements to sites in the neighborhood and will inform Staff, and appointed and elected officials when evaluating development and redevelopment proposals. Further details pertaining to the voluntary Design Guidelines and the Comprehensive Plan amendment are provided in the attached Staff report. Staff is not aware of any opposition to this request and has received all positive feedback. City of Virginia Beach Page 2 of 2 • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request. • Attachments: Staff Report Minutes of Planning Commission Hearing Ordinance Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Depart 1 -nt/Agency: Planning Departme i.'/ 0`10 Ili , City Manage • REVISED VERSION 1 AN ORDINANCE TO AMEND THE 2016 2 COMPREHENSIVE PLAN POLICY 3 DOCUMENT AND TO AMEND THE 4 REFERENCE HANDBOOK TO ADD THE 5 VOULTARY DESIGN GUIDELINES FOR 6 SEAPINES STATION IN REFERENCE TO 7 DESIGN COMPONENTS 8 9 WHEREAS, the public necessity, convenience, general welfare and good zoning 10 practice so require; 11 12 WHEREAS, the 2016 Comprehensive Plan Policy Document includes a 13 recommendation to "study the area between Holly Road and Pacific Avenue, north of 14 32"d Street to 42nd Street (the southern boundary of North End SFA) to determine the 15 need for infill development and redevelopment policies and design guidelines" which 16 has been done by Planning Staff and Planning Commission members; 17 18 WHEREAS, amendments to the 2016 Comprehensive Plan Policy Document and 19 Reference Handbook would include the revisions attached hereto and made a part 20 hereof and the Seapines Station Voluntary Design Guidelines, March 2017, attached 21 hereto and made a part hereof; and 22 23 WHEREAS, the Planning Commission at its March 8, 2017 public hearing 24 recommended the approval of the attached revisions to the 2016 Comprehensive Plan 25 Policy Document and Reference Handbook in regard to the design guidelines for 26 Seapines Station. 27 28 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 29 BEACH, VIRGINIA: 30 31 That the 2016 Comprehensive Plan, is hereby amended and reordained to 32 include the revisions and additions attached hereto amending the Policy Document and 33 Reference Handbook. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2017 APPROVED AS TO LEGAL SUFFICIENCY: B. ay Wilson, Deputy City AtTorhey City Attorney's Office CA13936/R-2/April 4, 2017 Revisions to the Comprehensive Plan Policy Document and Reference Handbook to add Seapines Station Design Guidelines The Policy Document is recommended to be amended as indicated below, noting that all new text to be added is underlined and all existing text to be deleted is shown intrikeg;. Page 1-98 AGENDA FOR FUTURE ACTION RECOMMENDATIONS:Suburban Area • Develop infill development guidelines as a component of the "Special Area Development Guidelines: Suburban Area" in the Reference Handbook. • Develop tools to encourage new investment in declining commercial centers. • Develop tools to assist distressed property owner associations with the preservation and maintenance of neighborhood parks and open spaces. • Revise the Suburban Area section of the Comprehensive Plan as appropriate when sea level rise and recurrent flooding policies are developed and/or adopted by the City Council. • To ensure that the function of Princess Anne Road is not reduced due to numerous access points within Suburban Focus Area 2.1 (North Courthouse),the City should construct all or a portion of at least two lanes of London Bridge/Drakesmile Extended. Reference Handbook The Reference Handbook is recommended to be amended as indicated below, noting that all new text to be added is underlined and all existing text to be deleted is shown in strip. Page D-4 33. Seapines Station Voluntary Design Guidelines, 2017 Applicant City of Virginia Beach Agenda Item Public Hearing March 8, 2017 2016 Comprehensive Plan Amendment—Amending the Policy 1 0 Document to Reference and Identify Seapines Station and to Virginia Beach Amend the Reference Handbook to Add the Voluntary Design Guidelines for Seapines Station in Reference to Design Components Descriptive Summary of the Comprehensive Plan Amendment The City of Virginia Beach Comprehensive Plan, It's Our ----- — SEP P1NE5 3syN NA1.r— Future: A Choice City, was adopted on May 17, 2016 and has been subsequently amended. The proposed amendment to the Comprehensive Plan is the result of ,SZN o sl implementing the "Agenda for Future Action" in Chapter 1, Section 1.3—Suburban Area, which reads: *041 z • Study the area between Holly Road and Pacific •"$ r • Avenue, north of 32nd Street to 42nd Street (the • 051. r I.0 • southern boundary of North End SFA)to t+ determine need for infill development and M syif Jou- redevelopment policies and design guidelines. >�� t •11 •ir < . 1 • A workgroup was formed in May 2016, consisting of sill ��I two Planning Commission liaisons and Staff from the 1 Department of Planning& Community Development. " Following study of the area, including development and \•I< t redevelopment trends in the neighborhood,the workgroup developed the proposed Seapines Station ? till Design Guidelines. The Guidelines,which were /. presented to the community in January,will provide : Staff,the Planning Commission and City Council with Legend Sea Station a >s guidance for discretionary actions within Seapines pi &iiidr' Boundary Map Station. City of Virginia Bench Department of ,,,, a aK+aew-o wm...o.r...r.o. f tanning&Community Development Staff recommends approval of the attached Guidelines,the proposed Comprehensive Plan amendment and the ordinance. City of Virginia Beach Comprehensive Plan Amendment—Seapines Station Design Guidelines Agenda Item 10 Page 1 Amendment to Comprehensive Plan Revisions to the Comprehensive Plan Policy Document and Reference Handbook to add Seapines Station Design Guidelines The Policy Document is recommended to be amended as indicated below, noting that all new text to be added is underlined and all existing text to be deleted is shown in strikes. Page 1-98 AGENDA FOR FUTURE ACTION RECOMMENDATIONS:Suburban Area • Develop infill development guidelines as a component of the"Special Area Development Guidelines:Suburban Area" in the Reference Handbook. • Develop tools to encourage new investment in declining commercial centers. • Develop tools to assist distressed property owner associations with the preservation and maintenance of neighborhood parks and open spaces. • Revise the Suburban Area section of the Comprehensive Plan as appropriate when sea level rise and recurrent flooding policies are developed and/or adopted by the City Council. • To ensure that the function of Princess Anne Road is not reduced due to numerous access points within Suburban Focus Area 2.1 (North Courthouse),the City should construct all or a portion of at least two lanes of London Bridge/Drakesmile Extended. Reference Handbook The Reference Handbook is recommended to be amended as indicated below, noting that all new text to be added is underlined and all existing text to be deleted is shown in stroke;. Page D-4 33. Seapines Station Voluntary Design Guidelines, 2017 City of Virginia Beach Comprehensive Plan Amendment—Seapines Station Design Guidelines Agenda Item 10 Page 2 SEAPINES STATION VOLUNTARY DESIGN GUIDELINES CITY OF VIRGINIA BEACH MARCH 2017 a v'r A AA i. :: ,mo w z . II �. a. _ .�� rP t j f"`a r_Y•�` `..- ._-•'''‘,$,;....740:7".' s ,F,�• '°'''' � 1+�....` ` s e • 4' Yy1r.. r' i`=«j_t ^3 .4 ` Y. / !/,fie :'„ "y •i�:.7'" ']1F-^,.•d". '..,`1,.. •� R„ Y-V st; « ". 'T �� t 4a+s. I. t .a • + ' t _ax**. ,' . ryt ox.-; e: \ _oopik. _ _r Seapines Station Design Guidelines CONTENTS DEFINITIONS 2 BACKGROUND&PURPOSE 3 LOCATION 3 RECOMMENDED BUILDING PLACEMENT&SETBACKS 5 RECOMMENDED CONCEPTS FOR BUILDING PLACEMENT&SETBACKS 6 RECOMMENED PARKING CONCEPTS 7 SURFACE PARKING,WALKWAYS&DRIVEWAYS 8 GARAGES 9 PARKING STRUCTURES 9 BUILDING ELEMENTS 10 PLANTINGS&LANDSCAPING,SIDEWALKS 14 OPEN SPACE AND AMENITIES FOR MULTIPLE DWELLING UNITS IN ONE BUILDING 15 Cover: Historic Seapines Station Rail station in front of Princess Anne Country Club, circa 1930. DEFINITIONS Alley—A public right-of-way less than 20 feet in width. Street—A public right-of-way that is greater than 20 feet in width. Impervious Surface—Any surface in the landscape that cannot effectively absorb or infiltrate rainfall, including driveways, roads, parking lots, rooftops, and sidewalks. Surface Parking —An uncovered parking area. Parking Structure —A structure, usually multi-story, exclusively for vehicle parking. City of Virginia Beach 2 Seapines Station Design Guidelines SEAPINES STATION DESIGN GUIDELINES BACKGROUND & PURPOSE Concerned with current redevelopment trends in the Seapines Station area of the oceanfront, the160 Planning Commission requested Staff to prepare .4 guidelines related to site layout, architectural ' a elements, scale and massing, parking, and plantings. The Voluntary Seapines Station , Guidelines provide recommendations to encourage a quality streetscape and built environment that reduces emphasis on the garage and parking areas, Single-family houses in Seapines Station provides appropriate massing and treatment of buildings, accommodates large porches, and • or increases plant material along street frontages. The Guidelines can be used as a resource for • property owners, builders, and developers considering development opportunities within Seapines Station. The Guidelines will offer standards for Staff, and appointed and elected officials evaluating these development proposals. Apartment building on 33" Street LOCATION The location of the study area is between 32nd Street and 35th lh Street east of Holly Road, and mid-block between Arctic Avenue and Pacific Avenue. The typical building types in the area include single-family homes, duplexes, townhouses, and two-story apartments. Typical lots are 50 feet by 140 feet, oriented south to north, with frontage on both street and alley. The zoning for most of the area is apartment district, which allows duplexes, townhouses and apartments. City of Virginia Beach 3 Seapines Station Design Guidelines SEA p1NEs 351"HAt-r N vi OZ r m .r A 351 A 7 ✓. %1 0 SI , o 351%4 ., II/114 FS r t t . r � illi itilift.i .Ei\lk } .111 ra 1ili 11: "PA 7, , 2isio7:-1 � 3200 sl _.. ;,.K., , Icy1 t � . ., �, LP, Legend Seapines Station t 0 75 150 300 Mill Boundary Boundary Map Feet City of Virginia Beach Department of 2iscialmer For genera's planning purposes on, .anuary 20,7 Planning&Community Development City of Virginia Beach 4 Seapines Station Design Guidelines RECOMMENDED BUILDING PLACEMENT& SETBACKS • The minimum front yard setback for a dwelling is 10 feet (excluding the garage). • The minimum setback for a porch adjacent to a street or alley is 5 feet. • Porch steps may encroach into the setback. • The side yard setback is 8 feet from the property line. • Architectural elements (i.e. bay windows, chimneys, balconies) and wall projections may project into the side yard setback up to 3 feet from the structure, for up to 10 feet in width at a time, to break up the expanse of the side wall. • The minimum rear yard setback for a dwelling along the alley is 10 feet (excluding the garage). • Garages facing the alley should be setback 20 feet from the alley. • A one-car garage can face a street (with a right-of-way wider than 20 feet) when it is setback 36 feet from the front property line. • A minimum separation distance of 15 feet should be maintained between front and rear detached dwellings. —10'REAR SETBACK FROM 8'SIDE SETBACK FROM PROPERTY UNE TO EXTERIOR PROPERTY LINE TO EXTERIOR DWELLING WALL DWELLING WALL 5'SIDE SETBACK FROM PROPERTY LINE TO ARCHITECTURAL ELEMENTS AND WALL PROJECTIONS UNDER 10 IN LENGTH y \ I / 10 FRONT SETBACK FROM / PROPERTY LINE TO EXTERIOR DWELLING WALL � . S'FRONT SETBACK FROM PROPERTY LINE TO PORCHES AND BALCONIES PROPfRTyU �f 120' 170 \� � �P h4 40••7S COMPATIBLE SETBACK CHARACTERISTICS City of Virginia Beach 5 Seapines Station Design Guidelines POTENTIAL CONCEPTS FOR BUILDING PLACEMENT& SETBACKS* ALLEY PERMEABLE — — — PAVEMENT — 1 . --1 PERMEABLE P N PAVEMENT PERMEABLE PAVEMENT 3-STORY 1600 SF UNIT t 'I ♦ x ;1 POTENTIAL t ——J GARAGF La w C7 a 2-112 STORY 2-1/2 STORY 1-- Lu 3-STORY Q ¢ i ,* w 1600 SF UNIT < 1200 SF 1200 SF I p Q GARAGE GARAGE N O I UNIT UNIT 1 15' Lu w • GROUND LEVEL 5 3-STORY O O PORCH, 1600 SF UNIT Q Q ' UPPER LEVEL 0 0 11 BALCONY �li_2-112 STORY 2-112 STORY 10' 5'EVERGREEN 1800 SF 1800 SF STREET TREES — rt w HEDGE UNIT UNIT &FOUNDATION r--3' 3-STORY PLANTINGS 1 1600 SF UNIT PERMEABLE ',I PAVEMENT 8'-'I II FIRST 10'OF GROUND LEVEL +' DRIVEWAY OFF r PORCH. J OFA STREET a 10 UPPER LEVEL I WIDER THAN 20 ` ; BALCONY • j 9'- E 10' SHOULD BE NO r` s. 5 \ '- -,./' r=%' WIDER THAN 9' - i SIDEWALK STREET TREES &FOUNDATION STREET STREET PLANTINGS 50'x140' INTERIOR LOT I 1 ____-, 50'x140' MULTI-FAMILY CORNER LJ CONFIGURATION EXAMPLE o 10' 20 LOT CONFIGURATION EXAMPLE 0 10' 20' *Each property varies in size, shape and location; therefore, the ultimate layout's number of units will vary from the graphics above. City of Virginia Beach 6 Seapines Station Design Guidelines POTENTIAL PARKING CONCEPTS POTENTIAL ANCILLARY DUPLEX PRINCIPAL STRUCTURE - T _ it - - _ ...- 1 _ _//:_ _ _ r- I I i 1 I '-I— — _ _ ',I + ' .....1..,. _ _ � i I I j -- __ / j .,_ — I _ ' I — I PLLEv _ _ , I -r i _ — a f nj I- - -}. -1-) -4 — _ �/ I IZl_ _/I i I I I i 1 _ f1 11 _ I k _I_ i - _ _ I f f / 1 i I J - - ,(�I - - -1.I I Ro ` 1 _ I I L-1 1 P PERTV UN 15•�K _ _ - I I Y Qv E — I — 11-- oy� —REAR PARKING SPACES FRONT GARAGE PLACEMENT- R A. SINGLE STACK PARKING ' SPACES AND DRIVEWAY FRONT LOADED PARKING AND GARAGES POTENTIAL PRINCIPAL DUPLEX ANCILLARY UNIT _ / STRUCTURE .-I— -/__ / -- _ I — -r I I -I- 1 I II 1 /i r _ /� 11 1 I Y t r-7 ply 2O- - _ ' 1 1 1 I I ILL_J1 � � -I- _ �I Ip�7II ___ - / I J _ - _ - _ I41- /Ill I I / _ if _ SINGLE STACK PARKING I ` . 15' K, — — — .... III-rTIN SPACES AND DRIVEWAY PROPERTyC1 �r ~ _ — — _II/ -1{r REAR GARAGE PLACEMENT NE — — — — _ — — — It`17 Oey W } REAR LOADED PARKING AND GARAGES City of Virginia Beach 7 Seapines Station Design Guidelines SURFACE PARKING,WALKWAYS & DRIVEWAYS • The use of pervious materials for on-site parking, driveways, and walkways is encouraged. • Driveways along right-of-ways greater than 20 feet in width should be limited to 9 feet in width for the first 10 feet. • If more than 2 cars are parked side-by-side, directly off of the alley, there should be a 5-foot landscaped area between parking areas. • No more than 1 parking space should be installed between a building and the right-of-way along streets wider than 20 feet, and a permeable paving system should be used for 100% of the parking area. • For corner lots, parking areas for the multiple units within one building should be on the interior of the lot and accessed via an alley. If street access is necessary, the driveway width should be limited to 9 feet. • A minimum width evergreen hedge of 5 feet should be installed along the length of any driveway that abuts a north/south property line. • Off-street parking should be placed within the property and not hang into the right-of-way. ___ ., I T_ '111111 !! hJ ".a `it i5; Driveway runners Recessed garage with quality door treatment City of Virginia Beach 8 Seapines Station Design Guidelines GARAGES • Garages should not act as a focal point and should be located on the side or the rear of the property. • Two-car garage doors are discouraged. • Garage doors should not face streets wider than 20 feet, whether for a duplex, townhouse, row house or for multiple units in one building. • Fabric and prefabricated metal carports are strongly discouraged. • When appropriate, incorporate roof overhangs above garages in order to soften their visual impact. vti f • 4 141 S �f, m1 111 1111_111114.11_11 imn (EMI 111111111(i111111111111 .J• _ Alley parking for multifamily dwellings PARKING STRUCTURES • Parking Structures should be screened from the street by the building and as required by the City of Virginia Beach Landscaping Guide. • Masonry, siding, or stamped poured in place concrete finishes are recommended over precast concrete panels and blank concrete finishes. City of Virginia Beach 9 Seapines Station Design Guidelines BUILDING ELEMENTS HEIGHT • The recommended maximum height between 33rd Street and 35th Street east of Arctic Avenue is 45 feet. • The recommended maximum height between 33rd Street and 35th Street west of Arctic Avenue is 35 feet. • The recommended maximum height south of 33rd Street is 35 feet. • The recommended maximum height north of 35th Street is 35 feet. SEA Q1NEs CT N OO tv 2 ro A o ? 0 351H ST a4111111111111111111111111111111\ 4TN HALF St � � 34tH SS f 51 ' 33R0 NAt.F — ......,.---——---'-'.."''..."''''''.1\ e CI h 73 n4��._ . .>� ,. o'` y� 32ND s. r, s o a N n Recommended Maximum Height Seapines Station T 0 75 150 300 [_____i 35 feet Height Map Feet »5 feet City of Virginia Beach Department of D.scummer For general planning purposes only January 21)17 Planning&Community Development City of Virginia Beach 10 Seapines Station Design Guidelines FAcADE TREATMENT, BUILDING FEATURES & MASSING • Multi-family buildings should be designed to evoke the look of a large single-family dwelling. Ill'i • Break development into separate buildings or vary roof heights and vertical planes to reduce the /1\ G , ;/'\ g , a ic appearance of bulk. Consideration should be given to separate ,/ structures rather than a large scale ,/ ii, 1I I/ , 00;- single building. r -..„,.... `.'' , ° 4 . F • Entryway spacing should be designed --, � ' i to create a rhythm and visual Il , continuity. i- fr77 s>, , 4 4* • Blank walls detract from pedestrian- , friendly streets and should be °? � avoided. Wall projections, deep y" `` aa4 '11` recesses, changes in material and color, bay windows, chimneys, and Rowhouses other changes in the vertical plane are encouraged to reduce apparent rer c.. mass. • Reduce repeated facade elements _ )1*).- with changes in pattern of window / „ placement, porch size, porch railing, . gr1 r 6°�� IN porch roof, dormer roof style, and 10.-- _,---- ' �,,..--' II�f roof accent materials (i.e. standing seam metal roof). on • Sidingshould include high quality - . materials that stand up over time to the effects of salt spray and wind. A , Use of masonry and cement ; , ,.........__l fiberboard is encouraged. • Incorporate window sizes and proportions that are proportionate to Use of wall projections the main structure and consistent throughout the design. Discouraged is the use of taller windows in the second story and above. City of Virginia Beach 11 Seapines Station Design Guidelines • Roof projections and dormers, porches, and entryways are encouraged in order to soften the j scale and mass of the home. 0 t • Flat roofs are discouraged. Roof '�^' ' r A, forms and roof lines should be I 111 broken into a series of smaller ' �.-----, a building components when viewed It. from the street to reflect the scale of10 ,�i 1 the neighborhood or site. Long, At , linear, unbroken rooflines that exceed '- Example of desirable building elements and features, such 50 feet are discouraged. as having a porch, varied facade, and high quality building • Maintain similar roof pitches, materials. materials, and treatments for all roofs to ensure a unified design. PORCHES AND BALCONIES FOR DUPLEX, %- TOWNHOUSE & ROW HOUSE DESIGNOil py ,,v. /' • A minimum depth of 5 feet from the t r/=,� '%" �4�' p exterior wall is recommended for �- E. porches and balconies. • A porch should be along at least 50% -, of the width of the dwelling and should face the street or an alley. . i • Corner lots should incorporate "` `_, "" porches extending along both streets. • Open, unenclosed and unscreened Porches on duplexes porches should be incorporated into dwelling design in order to promote community interaction. • Columns should have a minimum width of 8 inches. • Solid knee/partial walls that are not semi-transparent are discouraged when facing streets or alleys. Baluster and other open railing systems are preferred. City of Virginia Beach 12 Seapines Station Design Guidelines UPPER STORY DESIGN STANDARDS FOR DUPLEX, TOWNHOUSE & ROW HOUSE STYLE BUILDINGS • As "stacked box" designs are discouraged, structures should be designed with 2.5 stories. • The upper story floor plan should have a smaller ' footprint than the lower floor(s) and be designed I with architectural design features such as roof I dormers, shed dormers, balconies, and step backs. • Upper floors should step back to allow room for ( — '" the canopy of streetfront trees to grow. ill 11IIIII Discouraged "stacked box" massing r it. I** til 111 s4 6 `k • .may °.. • Porches on rowhouses City of Virginia Beach 13 Seapines Station Design Guidelines PLANTINGS & LANDSCAPING • ✓r : • Landscaping along street fronts shouldil te. o frame, soften, and embellish the quality of ` ;, the residential environment. • Planted areas should be designed to aid in stormwater management, where possible. b. - • Plant species selected for sites should be tolerant of oceanfront conditions. .. • Fencing along right-of-ways and alleys ;\ should be 50% transparent and limited to 4 �' ._ feet in height. Sidewalk and plantings along street • Plantings and low fences should be used to conceal year-round mechanical equipment , and trash receptacles from view from any I right-of-way. , • Healthy, mature canopy trees should be I 1 preserved to the greatest extent possible. • Street trees should be planted along right- l I t of-ways on infill lots and for redevelopment sites. • At least 1 of the required residential trees14 should be planted in the front of a new .. I Si dwelling. 11 140041 if . SIDEWALKS op (f� � xax�F,, 11 C' • Sidewalks, with a minimum width of 5 feet, - should be installed along a lot's entire w .i, « ` frontage in any right-of-way wider than 20 '',..:":',1:4•42:1"..,*: . feet. Sidewalk and plantings along street City of Virginia Beach 14 Seapines Station Design Guidelines OPEN SPACE AND AMENITIES FOR MULTIPLE DWELLING UNITS IN ONE BUILDING Four or more units should provide community spaces such as: • An open space area that is usable and contains a minimum 200 square feet and be at least 15 feet wide at its narrowest. • Community garden with a minimum 150 square feet. • Porches with a minimum depth of 8 feet. • Balconies with a minimum depth of 6 feet. • An accessible Green Roof. t •`a. _- . • S ii ., 01. J 0 •. Community open space Green roof . ,:77.-F,-., =, `.. y"""ip-- ,.w..-•....,,�, ,tet --',-- 'f' -!,y. 7:',:,-:1-n T- '"-+ "."-le_:- __ t • MM^^ F•:..,'4 te Alf. .. tr'. ,;-.;7,-,.....- 1 rg. Xr i , r-.. Community garden City of Virginia Beach 15 Item#10 2016 Comprehensive Plan Amendment—Amending the Policy Document to Reference and Identify Seapines Station and to Amend the Reference Handbook to Add the Voluntary Design Guidelines for Seapines Station in Reference to Design Components March 8, 2017 CONSENT 2016 Comprehensive Plan Amendment—Amending the Policy Document to Reference and Identify Seapines Station and to Amend the Reference Handbook to Add the Voluntary Design Guidelines for Seapines Station in Reference to Design Components. A motion was made by Commissioner Oliver and seconded by Commissioner Ripley to approve item 10. 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 10 for consent. Jonathan Sanders appeared before the Commission. L. APPOINTMENTS BEACHES and WATERWAYS ADVISORY COMMISSION GREEN RIBBON COMMITTEE HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION MINORITY BUSINESS COUNCIL RESORT ADVISORY COMMISSION TIDEWATER COMMUNITY COLLEGE TOWING ADVISORY BOARD VIRGINIA BEACH CLEAN COMMUNITY COMMISSION VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION M. UNFINISHED BUSINESS N. NEW BUSINESS 0. ADJOURNMENT ********************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ******************** CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:06/06/2017 PAGE: 1 D A AGENDA V S ITEM# SUBJECT MOTION VOTE A E H E W B N E J S U I B P DNOK MS H LW O 0 Y LN AOOR S 0 T R E E EN SM 100 T T R Y S E S SNND I CITY COUNCIL BRIEFING 1. REAL ESTATE ASSESSMENT PROCESS Jerald Banagan,City Assessor II CITY MANAGER BRIEFINGS 1. TOURISM INVESTMENT PROGRAM Patti Phillips,Director —Finance Brad Van Dommelen, Director—Convention and Visitors Bureau 2. CITY HALL PROPOSAL FOR TOWN David L.Hansen,City CENTER Manager HUN/ CERTIFICATION OF CLOSED CERTIFIED 11-0 Y Y Y Y Y Y Y Y Y Y Y VNV SESSION VII A- E F/G MINUTES: APPROVED 9-0 Y Y Y Y Y Y Y Y Y A A May 16,2017 B B S S T T A A I I N N E E D D H MAYOR'S PRESENTATION I. ARTS/HUMANITIES COMMISSION— Carolyn Garrett, "Champion of Arts":Thomas and Janita President—Arts and Felton Humanities Laura Nguyen, Committee Chair CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:06/06/2017 PAGE: 2 D A AGENDA V S ITEM# SUBJECT MOTION VOTE A E H E W B N E J S U I B P DNOK MS H LW O O Y L N A 0 0 R S 0 T R E EENSM I 00 T T R Y S E S SNND I PUBLIC HEARING: NO SPEAKERS 1. LEASE OF CITY PROPERTY 2nd Street/Atlantic Avenue J.1. Ordinance to AMEND the City Code§35- ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y 42 re EXEMPTION to Real Property Taxes CONSENT re surviving spouses of First Responders killed in the line of duty J.2.a. Ordinance to AUTHORIZE the City ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y A Y Y Manager to EXECUTE a Lease,to CONSENT B Schooner Inn at 2nd Street/Atlantic Avenue S re overflow parking T A N E D J.2.b. Ordinance to DECLARE City property on Upton Drive in EXCESS/AUTHORIZE ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y documents to SELL the property to CONSENT Michael/Cheryl Caffyn J.3. Ordinances to ALLOW an increase in ADOPTED 9-2 N Y Y Y Y Y N Y Y Y Y compensation to City Council Appointees effective July 1,2017: a. City Manager—As Corrected b. City Attorney c. City Clerk d. City Assessor e City Auditor J.4. Resolution to AUTHORIZE Neighborhood ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Identification Signs at Shore Drive/Dupont CONSENT Circle/Marlin Bay Drive J.S. Resolution to EXTEND the City's Cable ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Franchise with Verizon Virginia CONSENT CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:06/06/2017 PAGE: 3 D A AGENDA V S ITEM# SUBJECT MOTION VOTE A E H E W B N E J S U I B P DNOKMS H LW O O Y LN A 0 0 R S 0 T R EEENSM I 00 T T R Y S E S SNND J.6. Resolution to GRANT new and renewal ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y Permits to ALLOW Emergency Medical CONSENT Services(EMS)Agencies to operate in the City: a. Swift Medical Transport(new) b. Fast Track EMS,LLC c. Miracle Medical Transport,LLC d. NuCare Carolina Ambulance,Inc. e. MB Solutions,LLC f. Shore Transport Services,Inc. J.7.a. Ordinance to ADOPTED,BY 11-0 Y Y Y Y Y Y YY Y Y Y APPROPRIATE/TRANSFER:$117,331 CONSENT from Auction Sales/Salvage Recovery to Fleet Management re vehicle replacement J.7.b. Ordinance to ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y APPROPRIATE/TRANSFER:$6,165 CONSENT from the Fire Department Gift Fund re Grills for Stations 11/18/maintenance on the Monster Fire Truck J.7.c. Ordinance to ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y APPROPRIATE/TRANSFER:$300,000 CONSENT from the Landmark Foundation to Public • Health for the Baby Care Program J.7.d. Ordinance to ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y APPROPRIATE/TRANSFER:$450,000 CONSENT from the General Fund Reserve/$447,385 from the Police to Non-Departmental Operating Budget re Real Estate Tax Relief Program J.7.e.1. Ordinance to ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y APPROPRIATE/TRANSFER:Police CONSENT Department: $600,000 to Fire re Health Insurance J.7.e.2. Ordinance to ADOPTED,BY 11-0 Y Y Y Y Y Y Y Y Y Y Y APPROPRIATE/TRANSFER:Police CONSENT Department: $300,000 to Juvenile Probation re support services K.l.a LARAE TUCKER/DOSWELL APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y VENTURES,LLC re Auto Service Station: CONDITIONED, Modification of Conditions at 2101 General BY CONSENT Booth Boulevard DISTRICT—7 PRINCESS ANNE CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:06/06/2017 PAGE: 4 D A AGENDA V S ITEM# SUBJECT MOTION VOTE A E H E W B N E J S U I B P DNOK MS H LW O O Y LN A 0 0 R S 0 T R EEENSM I 00 T T R Y S E S S N N D K.I.b LARAE TUCKER/DOSWELL APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y VENTURES,LLC re Auto Service Station: CONDITIONED, CUP at 3673 Virginia Beach Boulevard BY CONSENT DISTRICT—5 LYNNHAVEN K.1.c LARAE TUCKER/DOSWELL APPROVED/ 11-0 Y Y Y Y Y Y Y Y Y Y Y VENTURES,LLC re Auto Service Station: CONDITIONED, CUP at 1300 N Great Neck Road AS REVISED, DISTRICT—5 LYNNHAVEN BY CONSENT K.2. CITY Ordinances to ESTABLISH a APPROVED, 11-0 Y Y Y Y Y Y Y Y Y Y Y Historic/Cultural District/AMEND the BY CONSENT Official Zoning Map: a. ADD Seatack Life Saving Station b. ADD Virginia Beach Coast Guard Station c. ADD deWitt Cottage L. APPOINTMENTS: BEACHES and WATERWAYS RESCHEDULED,BY 11-0 B YC ON S ENS U S ADVISORY COMMISSION CONSENSUS GREEN RIBBON COMMITTEE HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION MINORITY BUSINESS COUNCIL RESORT ADVISORY COMMISSION TIDEWATER COMMUNITY COLLEGE TOWING ADVISORY BOARD VIRGINIA BEACH CLEAN COMMUNITY COMMISSION VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION M/N/ ADJOURNMENT 6:34 PM 0 PUBLIC COMMENT 4 SPEAKERS 6:35 PM—6:44 PM