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DECEMBER 12, 2017 AGENDA CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL ,,Ga AH -aEq .MAYOR WILLIAM D.SESSOMS, At-LargeJR, .P ✓ CyL.'LI VICE MAYOR LOUIS A JONES BaysN District] JESSICA P.ABBOTT.Kempsville Diytrict 2 ✓/�\'{ Z Al BENJAMIN DAVENPORT AI Lag U I/_ l �f .I S ROBERTM.DYER.Centerville-District I BARBARA M.HENLEY.Princess Anne Dubicl l _, SHANNON DS KANB Rose Hall District - JOHN D MOSS.Al Large eu. JOHN E.UHRIN.Beach Dknict 6 ROSEMARY WILSON AI-Large JAMES L. WOOD,Lynnhaven-District 5 CITY HALL BUILDING 2401 COURTHOUSE DRIVECITY COUNCIL APPOINTEES VIRGINIA REACH, VIRGINIA 23456-900.1 CITY MANAGER DAVID L.HANSEN CHT ATTORNEY MARK D.STILES CITY COUNCIL AGENDA PHONE(757)385-4303 CITY ASSESSOR JERALD a BANAGAN FAX(757)385-5669 CITY AUDITOR LYNDON S.REMIAS December 12, 2017 F MAIL:C'rycncI@vbgov.com CITY CLERK RUTH HODGES FRASER,MMC MAYOR WILLIAM D. SESSOMS,JR. PRESIDING I. JOINT CITY COUNCIL/SCHOOL BOARD BRIEFING -Building No. 19- 3:00 PM Municipal Center A. DEFERRED COMPENSATION—Proposed NEW Plan Patti Phillips, Director—Finance II. CITY MANAGER'S BRIEFINGS -Conference Room- 3:40 PM A. COMPREHENSIVE ANNUAL FY17 FINANCIAL REPORT (CAFR) and GENERAL FUND UPDATE Patti Phillips, Director—Finance B. QUARTERLY FLOOD CONTROL/STORM WATER PROGRAM UPDATE Tonia P. Alger, Stormwater Engineering Center Administrator—Public Works C. STORM WATER MODELING and APPROVAL PROCESS Thomas M. Leahy, Deputy City Manager III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - Conference Room- 5:00 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend C. Todd Haynes Senior Pastor, Suburban Christian 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 I. INFORMAL and FORMAL SESSIONS December 5, 2017 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H.PUBLIC HEARINGS 1. ACQUISITION, BY AGREEMENT OR CONDEMNATION 19 Street Infrastructure Improvements Project (Parks Avenue to Arctic Avenue) 2. DECLARATION and CONVEYANCE OF EXCESS CITY PROPERTY (DISTRICT 6—BEACH) Birdneck Road to the Virginia Beach Development Authority 3. PROPERTY TAX—EXEMPTIONS Changed Lifestyle Ministries, Inc. Virginia-West Virginia Chapter of the National Multiple Sclerosis Society Mino Foundation American Congress for Truth, Inc. 4. MODIFY BOUNDARIES OF NEIGHBORHOOD DREDGING SPECIAL SERVICE DISTRICTS (SSD): a. Hurd's Cove b. Chesopeian Colony I. ORDINANCES/RESOLUTION 1. Ordinance to AUTHORIZE acquisition in fee simple for the right-of-way and temporary and permanent Easements by Agreement or Condemnation for the 19th Street Infrastructure Improvements Project from Parks Avenue to Arctic Avenue 2. Ordinance to DESIGNATE TAX EXEMPTION for local properties: a. Changed Lifestyle Ministries, Inc. b. Virginia-West Virginia Chapter of the National Multiple Sclerosis Society c. Mino Foundation d. American Congress for Truth, Inc. 3. Ordinance to DECLARE EXCESS City property at Birdneck Road and AUTHORIZE TRANSFER of the property to the Virginia Beach Development Authority 4. Ordinances to MODIFY the boundaries and AUTHORIZE a REFUND of SSD Levies: a. Hurd's Cove Neighborhood Dredging Special Service District b. Chesopeian Colony Neighborhood Dredging Special Service District 5. Resolution to AUTHORIZE ISSUANCE and SALE of the General Obligation Public Improvement Refunding Bonds in the maximum amount of$85—Million to REFUND previously authorized and issued Bonds 6. Ordinance to AUTHORIZE a two-year Employment Contract for the City Manager 7. Ordinance to AUTHORIZE and DIRECT the City Manager to REPAY $5—Million to the Transportation District Commission of Hampton Roads (HRT) re Norfolk-Southern right-of- way 8. Ordinance to AUTHORIZE the City Manager to EXECUTE an Agreement between the City and Sister Cities Association of Virginia Beach, Inc. (SCAVB)re responsibilities and obligations 9. Ordinance to AUTHORIZE temporary encroachment into a portion of City property known as Bluegill Inlet for Peter S. and Suzanne M. Williams re a dock at 2797 Sandpiper Road DISTRICT 7- PRINCESS ANNE J. PLANNING I. SPENCE CROSSING PROPERTIES, LC at Princess Anne Road and South Independence Boulevard for: a. Conditional Change of Zoning from Conditional B-4 Mixed Use to Conditional PD-H2 (A- 12) Apartment b. Modification of Proffers re removal of a Deed restriction(Approved May 27, 2014) (Deferred December 5, 2017) DISTRICT 1 —CENTERVILLE RECOMMENDATION: APPROVAL 2. BONNEY ROAD VB, LLC a. Closure of a portion of Avenue "H"adjacent to 3825 Bonney Road b. Modification of Conditions re a motor vehicle sales and auto repair at 3825 Bonney Road (Approved October 18,2016) DISTRICT 5—LYNNHA V EN RECOMMENDATION: APPROVAL 3. CITY OF VIRGINIA BEACH, DEPARTMENT OF AQUARIUMS and MUSEUMS for a Major Entertainment Venue Signage Permit at 717 General Booth Boulevard and 928 South Birdneck Road DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 4. CITY OF VIRGINIA BEACH: a. Ordinance to ADOPT and INCORPORATE the `Interfacility Traffic Area and Vicinity Master Plan," dated September 2017, into the 2016 Virginia Beach Comprehensive Plan b. Ordinance to AMEND and REVISE the following Sections of the Policy document of the 2016 Virginia Beach Comprehensive Plan: Planned Land Use Map (pertaining to Special Economic Growth Areas); Section 1.4 (Princess Anne and Transition Area); Section 1.6 (Military Installations and Support); and Section 2.4 (Economic Vitality) c. Ordinances to AMEND City Zoning Ordinance(CZO): 1. Sections 111 and 501 re deletion of the definition of Servants Quarters and ADD the definition for Limited Use Accessory Dwelling 2. Sections 801, 901 and 2203 re Business and Vocational Schools in the Office,Buisness and the Central Business Core Districts. RECOMMENDATION: APPROVAL K.APPOINTMENTS BEACHES and WATERWAYS ADVISORY COMMISSION CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD PERSONNEL BOARD PROCESS IMPROVEMENT STEERING COMMITTEE SENIOR SERVICES OF SOUTHEASTERN VIRGINIA STORMWATER APPEALS BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT ...................... If you are physically disabled or visually Impaired and need assistance at this meeting,please call the CITY CLERK'S OFFICE at(757)385-4303 .:::.:::::::*.:::::::::: CITY COUNCIL SESSIONS for January 2, 2018 Postponed to January 9, 2018 12/12/17 jag 01.41A 13E,(8-ft r»m-,,. L7 x"04 QCs }� 2) City of .7irjzinia Beach unr. >! 6 Gds ou6 BAi�oJs WILLIAM 0.SESSOMS,JR. MUNICIPAL CENTER MAYOR 7 December 2017 BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH,VA 234569000 1757)385-4581 FAX(757)3855699 wsessoms@vLgov corn HONORABLE MEMBERS OF CITY COUNCIL In accordance with Virginia Beach City Code Section 2-21,I hereby call for three 13/SPECIAL FORMAL SESSIONS of City Council to be held in Room 205 at the Sandler Center for the Performing Arts,201 Market Street, Virginia Beach, on: Tuesday, December 12, 2017 8:30 AM Friday, December 15, 2017 8:30 AM Tuesday,December 19, 2017 10:00 AM for the sole purpose of convening into CLOSED SESSION in accordance with Virginia Code Section 2.2.3711(A)(1) and to interview prospective candidates for the following City Council appointments: City Clerk City Real Estate Assessor. After each Closed Session, City Council will reconvene into Formal Session to certify that only the business stated above was discussed. • Sine. el I Cc: City Manager City Attorney City Clerk Willia r )' r ,Jr. Media and Communications Mayor CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL ..GSNu_aEI MAYOR WILLIAM D.SESSOMS,JR,At-targe VICE MAYOR LOUIS R.JONES,Bayside-District 4 6‘: . C• 4A S JESSICA P.ABBOTT Kempsville-District 3 / R�... Z M.BENJAMIN DAVENPORT Al Large ROBERT Al.DYER,Centerville-District I BARBARA U HENLEY Princess Anne District SHANNON OS KANE Rose Half Diane(3 _ JOHN D.MOSS,Al Large JOHN E.UNPIN,Beach amiss 6 °°"' ROSEMARY WILSON,A(-Large JAMESL. 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 LYNDONS REMIAS December 12, 2017 E-MAIL:C(vcnc/@vbgov.cam CITY CLERK RUTH HODGES FRASER,MMC MAYOR WILLIAM D. SESSOMS,JR. PRESIDING L JOINT CITY COUNCIL/SCHOOL BOARD BRIEFING -Building No. 19- 3:00 PM Municipal Center A. DEFERRED COMPENSATION—Proposed NEW Plan Patti Phillips, Director—Finance II. CITY MANAGER'S BRIEFINGS' -Conference Room- 3:40 PM A. COMPREHENSIVE ANNUAL FY17 FINANCIAL REPORT (CAFR) and GENERAL FUND UPDATE Patti Phillips, Director—Finance B. QUARTERLY FLOOD CONTROL/STORM WATER PROGRAM UPDATE Tonia P. Alger, Stormwater Engineering Center Administrator—Public Works C. STORM WATER MODELING and APPROVAL PROCESS Thomas M. Leahy, Deputy City Manager III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION -Conference Room- 5:00 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. 13. INVOCATION: Reverend C. Todd Haynes Senior Pastor, Suburban Christian Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS December 5, 2017 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H.PUBLIC HEARINGS 1. ACQUISITION, BY AGREEMENT OR CONDEMNATION 19th Street Infrastructure Improvements Project (Parks Avenue to Arctic Avenue) 2. DECLARATION and CONVEYANCE OF EXCESS CITY PROPERTY (DISTRICT 6—BEACH) Birdneck Road to the Virginia Beach Development Authority 3. PROPERTY TAX—EXEMPTIONS Changed Lifestyle Ministries, Inc. Virginia-West Virginia Chapter of the National Multiple Sclerosis Society Mino Foundation American Congress for Truth, Inc. 4. MODIFY BOUNDARIES OF NEIGHBORHOOD DREDGING SPECIAL SERVICE DISTRICTS (SSD): a. Hurd's Cove b. Chesopeian Colony • •daW L 11.3 a6'w'R k PUBLIC NEARING ACOUISIDON.BY AGREEMENT OR CONDEMNATION The Virginia Beach City Council will hold a PUBUC HEARING on the proposed acquisition. by agreement condemnation. of right-of-way and temporary and permanent easements aa ^ necessary for the 19 Street Infrastructure Improvements Project(GP 119-100).Tuesday December 12 2017 at BM pm,in the Council Chamber of the Chy Hall Building(Building x1)at the Virginia Beach Municipal Center.Virginia Beach, Virginia The plans for the project are entitled: '19TH STREET INFRASTRUCTURE IMPROVEMENTS FROM: PARRS AVENUE 70: ARCTIC AVENUE CIP NO.9-100 GIP NO.6.101, and are on file in the Public Works !Department Engineering DIVISIOn, , Building 112 at the Munitipal Center. The purpose of this hearing will be to obtain public input regarding authorizing Condemnation, if necessary. for this project. If you are phesically disabled or vlsUaRY Impend and need assistance at this meeting, please call the an GLEAMS OFFICE at 757-3B5-433 Hearing Impaired, rail 711 mrginia Relay - Telephone Device for the Deaf). My questions concerning this hearing should be directed to the Office of Re I Estate,Building#2. Room 392,at Virginia Beach Municipal Center, 7 ) 3854161. All interested parties ar inv SrtO attend Ruth ser.MMC City Clerk Bemoan: December ,2017 PUBLIC HEARING DECLARATION AND CONVEYANCE OF EXCESS CRY PROPERTY The Virginia Beach City Council will hold a PUBNc RENON UMW.. Bents 12,2017,at OW p.m., In the Council Chamber. City Hall - Bldg 1, Wynia Beech Municipal Centerthe purpose M this hewing will be to Wain pubM Input to determine whether the following City properly should be declared excess of the Profs needs end conveys to the City of Virgin Beach Development Potherb: PypmdmateH 5835 acres of City owned property located on Blydnecw Road (PoNms Of GPINs'. 2417-40- 8720, 2417-203629. 2417-31- 7606,241741-1312)(Potion of the torrier OM's Creek God Course) My questions concerning tho matter should be directed t0 the Dept of Economic Development 4525 Main Sheer, Suite 7D3. Virginia Beach, VA 23482. 757)355-6464. if you are pPosica y deeded or Ss* Impend and need assistance at Vs meeting 'purse call the Oily aEmcs FILE at seGOOR Telephonee mamma aImpls]. call the Deaf). All interested ponies are lnveec to amend. NuNN r,MMC Clerk Beemr: December 3, 17. 14:ti ti ;S:f.s‘rsrerrt.t..irr:‘,...v.,4:1141 (t PUBLIC HEARING Proposed Exemptions from Local Properly Taxation by Designation On Tuesday,December 12,2017 at BW pm in the Council Chamber on the second floor of the Cb Hall building. Municipal Center.Vkynie Beach,Wginla. the City Council of the City of Virginia Beach will lipid a pubic hearing M an ordinance to exempt Changed Lifestyle Ministries,Inc.,which has a real progeny tax assessment 01 eo and tangible Personal property assessment of$1,730 and such taxes totaling 327.68. an ordinance to exempt the Nrgr a-Wen Vnglnla chapter of the National Multiple Sclerosis Socha', which has a reel property tax assessment of $0 and tenses personal w0Gerb assessnenof 367,461.60 arid such taxes Waling 32,698.70,an ordinance to exempt Mina Foundation.which has a real property tax assessmeM of 30 and tangles Personal Property assessment of $12,000 and such taxes totaling $480. end an erdeance to exempt Miencan Congress for Trico,Inc.,which has a real properly tax assessment of $0 and tangible personal property assessment of $29,604/0 aro such taxes totaling 11,184.18. A copy of a proposed ordinance son file in the office of the City Clerk. NI interested persons are welcome to appear at the hearing end present their views on the proposed exemptions. IndNlduals desiring to provide written commenS may do so by contacting the CM Clerk's office at 3454303. If you ale pyslmy disabled or easels Impend and need assistance at this meeting. please call the pry anws OFFICE at 9850.303;Hrrw{kneeled. call 700/11(TDD-Telephone Device for the Dean. All interested parties are invited to attend. Ruth Hod MMC Clty Clerk Be.mv'December 3,2017. SVC:- to::t:- or C.,' PUBLIC HEARING AN ORDINANCE TO MODIFY THE BOUNDARIES OF THE HURD'S COVE DREDGING SPECIAL SERVICE DISTRICT As required by Code of Virginia 4 15.2 2402 1, 5 22402.1, the City Council of Vir®nla Beach.Virginia will hold a public hearing on an Ordinance to modify the Special Service District boundaries for the Hurd's Cove Dredging Special Service District. The Public Hearing will be geld on December 12,2017 at 6:00 prn in the City Council Chamber. The Chamber is located on the second floor of City Hall, at 2401 Courthouse Drive. Al persons are encouraged uraged to attend and speak aboutthis proposed Special Service Diso-ictim. A copy of he proposed Ordinance. including a map of the district boundary may be inspected at the Office of the CRY Clerk. If you are physically disabled or visually Impaired and need assistance at this meeting, please call the CRY CLERKS OFFICE at ucaanr Hearing Impair call 711 (Virginia Relay -Tele ne Device for the Deaf). Ruth H r,MMC City Clerk e con:November 12&26.2017 & December 3.2017. PUBLIC HEARING AN ORDINANCE TO MODIFY THE BOUNDARIES OF THE CHESOPELAN COLONY DREDGING SPECIAL SERVICE DISTRICT As required by Code of Virginia § 15.2- 2402.1. the City Council of Virginia Beach.Virginia will hold a public hearing on an Ordinance to modify the Special Service District boundaries for the Chesopeian Colony Dredging Special Service District. The Public Hearing will he held on December 12,2017 at BOO pm In the City Council Chamber. The Chamber is located on the second floor of City Hall,at 2001 Courthouse Drive. Al persons are encouraged to attend and speak about this proposed Special Service District. A copy of the proposed Ordinance, including a map of the district boundary may be inspected at the Office of the City Clerk. If you are physically disabled or vwW ly impaired and need assistance at this meeting please call the CITY CLERKS 0FFICE at 3854303: Heenng impaired DIl 711 {Virginia Relay Telephon evice for the Deaf). Ruth HM .MMC Cfy Clerk Beacon:November 19&26,2017 & December'3.2017. I. ORDINANCES/RESOLUTION 1. Ordinance to AUTHORIZE acquisition in fee simple for the right-of-way and temporary and permanent Easements by Agreement or Condemnation for the 19111 Street Infrastructure Improvements Project from Parks Avenue to Arctic Avenue 2. Ordinance to DESIGNATE TAX EXEMPTION for local properties: a. Changed Lifestyle Ministries, Inc. b. Virginia-West Virginia Chapter of the National Multiple Sclerosis Society c. Mino Foundation d. American Congress for Truth, Inc. 3. Ordinance to DECLARE EXCESS City property at Birdneck Road and AUTHORIZE TRANSFER of the property to the Virginia Beach Development Authority 4. Ordinances to MODIFY the boundaries and AUTHORIZE a REFUND of SSD Levies: a. Hurd's Cove Neighborhood Dredging Special Service District b. Chesopeian Colony Neighborhood Dredging Special Service District 5. Resolution to AUTHORIZE ISSUANCE and SALE of the General Obligation Public Improvement Refunding Bonds in the maximum amount of$85—Million to REFUND previously authorized and issued Bonds 6. Ordinance to AUTHORIZE a two-year Employment Contract for the City Manager 7. Ordinance to AUTHORIZE and DIRECT the City Manager to REPAY $5—Million to the Transportation District Commission of Hampton Roads (HRT) re Norfolk-Southern right-of- way 8. Ordinance to AUTHORIZE the City Manager to EXECUTE an Agreement between the City and Sister Cities Association of Virginia Beach, Inc. (SCAVB)re responsibilities and obligations 9. Ordinance to AUTHORIZE temporary encroachment into a portion of City property known as Bluegill Inlet for Peter S. and Suzanne M.Williams re a dock at 2797 Sandpiper Road DISTRICT 7- PRINCESS ANNE . �'s}f 1,. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize acquisition of property in fee simple, by agreement or condemnation, of right-of-way and temporary and permanent easements, for the 19'h Street Infrastructure Improvements Project (CIA 9-100) MEETING DATE: December 12, 2017 • Background: The purpose of the 19th Street Infrastructure Improvements Project (the "Project") is to provide streetscape and traffic improvements to link the Convention Center to the Dome Site Redevelopment Area. The Project will improve pedestrian access and safety with widened sidewalks, improve aesthetics by undergrounding overhead utilities, and improve stormwater drainage by replacing undersized storm drain pipes. The Project advances the 2008 Resort Strategic Action Plan goal of transitioning from a seasonal vacation spot to a year-round, world class urban resort and the 19'h Street Pedestrian Connection project, which is a City Council high priority. This Project will alter the four-lane undivided roadway to one lane in each direction with a center turn lane from Parks Avenue to Arctic Avenue. Major design features for the Project will include the following: complete pavement replacement, on-street parking, 8' sidewalks, relocation of overhead utilities to underground, concrete pavers at the intersections, improved ADA accessibility, new traffic signals at Baltic Avenue and Arctic Avenue, roadway and pedestrian lighting (LED), landscaping, site furnishings, storm water improvements and sanitary sewer replacement. This project is 100% City funded. • Considerations: The Project examined the need for pedestrian, bicycle, lighting, stormwater quantity and quality, and utility improvements. Design features are being implemented to minimize right-of-way and environmental impacts and meet the need for pedestrian facilities, stormwater quantity and quality. Extensive coordination with the residents was required. The Project will require acquisitions from 30 privately owned properties, 9 City- owned properties, and one property owned by the Virginia Beach Development Authority. Acquisitions will include strips of right-of-way, utility easements and temporary construction easements. There are no full takes. • Public Information: A Citizens Information Meeting was held on June 28, 2017 at the Virginia Beach Convention Center. • Alternatives: Deny the Ordinance • Recommendations: Approval. • Attachments: Ordinance and Location Map Recommended Action: Adopt Ordinance Submitting De n ency: Public Works/Real Estate CV Pkb City Manager: 1 AN ORDINANCE TO AUTHORIZE ACQUISITION 2 OF PROPERTY IN FEE SIMPLE, BY 3 AGREEMENT OR CONDEMNATION, OF RIGHT- 4 OF-WAY AND TEMPORARY AND PERMANENT s EASEMENTS FOR THE 19TH STREET 6 INFRASTRUCTURE IMPROVEMENTS PROJECT 7 (CIP 9-100) 8 9 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a to public necessity exists for the construction of this important roadway project to improve 11 transportation within the City and for other related public purposes for the preservation of 12 the safety, health, peace, good order, comfort, convenience, and for the welfare of the 13 people in the City of Virginia Beach. 14 is NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 16 VIRGINIA BEACH, VIRGINIA: 17 18 Section 1. That the City Council authorizes the acquisition by purchase or 19 condemnation pursuant to Sections 15.2-1901, et seq., and Title 25.1 of the Code of 20 Virginia of 1950, as amended, of all that certain real property in fee simple, including 21 temporary and permanent easements(the"Property"), as shown on the plans entitled"19T 22 STREET INFRASTRUCTURE IMPROVEMENTS FROM: PARKS AVENUE TO: ARCTIC 23 AVENUE CIP NO. 9-100 CIP NO. 6-101," (the "Project") and more specifically described 24 on the acquisition plats for the Project (plats and plans collectively referred to as the 25 "Plans"), the Plans being on file in the Engineering Division, Department of Public Works, 26 City of Virginia Beach, Virginia. 27 28 Section 2. That the City Manager is hereby authorized to make or cause to be 29 made on behalf of the City of Virginia Beach, to the extent that funds are available, a 30 reasonable offer to the owners or persons having an interest in said Property. If refused, 31 the City Attorney is hereby authorized to institute proceedings to condemn said Property. 32 33 Adopted by the Council of the City of Virginia Beach, Virginia,on the day of 34 , 2017. CA13865 R-1 \\vbgov.com\tlfs 1\applications\citylaw\cycom32\wpdocs\CO22\p030\00433609.doc PREPARED: 11/29/17 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM i11�I�J Y , /( � / > • r :LI 0-KS/R L ESTATE CITY AfTOORNEY 2c'r ,:.) , V-I-,-::'- , z ' _____ 10111-0..0 1 . E3 rN ' O o r AAVER ,C - ti 01110111 iISIII I— 46 0 a # W Li o li Virg 0 ill3 0- 2 (0 ‘*. Q I— W o ' 1 • lg. I li 0 0 -rn 0 g ill > o a Ili ' t---) \I- \ „ r., 11W ' \TO 0 �. �� oQQQ 0 OH- ao� P i rici 2 2 a. 8 1 11U ,WOiv) * li -, ; rio 3 ,-. 1, c) ii_)U V1_ al N0 V) . ' le .00 ,il,, %gial 2 olt fl la gP�11C PVE C O .if Rill ,c*:. , I Aw 0.1 0001 ce 0 65 _ 101; ei - k \ ?3 71-1 10.6.,_,. 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W T GTONP` t 2 tif CITY OF VIRGINIA BEACH AGENDA ITEM ITEMS: Ordinances to Designate Organizations as Being Exempt from Local Property Taxation by Designation MEETING DATE: December 12, 2017 • Background: Article X, Section 6 (a)(6) of the Virginia Constitution provides that property used by its owner for religious, charitable, patriotic, historical, benevolent, cultural, or public park and playground purposes may be exempted from taxation by classification or designation by an ordinance adopted by the local governing body. Section 58.1-3651 of the Virginia Code sets forth the process for designating specific organizations as being exempt from local taxation and a list of factors for the local governing body to consider is set forth. They are: 1. Whether the organization is exempt from taxation pursuant to § 501 (c) of the Internal Revenue Code of 1954; 2. Whether a current annual alcoholic beverage license for serving alcoholic beverages has been issued by the Virginia Alcoholic Beverage Control Board to such organization, for use on such property; 3. Whether any director, officer, or employee of the organization is paid compensation in excess of a reasonable allowance for salaries or other compensation for personal services which such director, officer, or employee actually renders; 4. Whether any part of the net earnings of such organization inures to the benefit of any individual, and whether any significant portion of the service provided by such organization is generated by funds received from donations, contributions, or local, state or federal grants; 5. Whether the organization provides services for the common good of the public; 6. Whether a substantial part of the activities of the organization involves carrying on propaganda, or otherwise attempting to influence legislation and whether the organization participates in, or intervenes in, any political campaign on behalf of any candidate for public office; 7. The revenue impact to the locality and its taxpayers of exempting the property; and 8. Any other criteria, facts and circumstances that the governing body deems pertinent to the adoption of such ordinance. The City Council adopted a revised policy regarding applications for Tax Exemption by Designation on May 6, 2008 (attached). • Considerations: The Commissioner of the Revenue has received four applications for tax exemption by designation. The Commissioner has reviewed the applications and finds they meet the City Council policy for Tax Exemption by Designation subject to final determination by the City Council as to public benefit. • Alternative: City Council is not required to approve exemption requests. • Public Information: A public hearing for this item will be held on December 12, 2017, during the Council Formal Session. An advertisement for the public hearing appeared in the Beacon more than five days prior to that hearing as required by statute. Also, this item will be advertised in the normal Council Agenda Process. • Attachments: Ordinances (4); Commissioner of Revenue Summary of the Applications; Disclosure Forms; Council Policy Recommended Action: Approval of Ordinance Submitting De• - • V • ‘gency: Commissioner of the Revenue OC.- City Manager. 1 AN ORDINANCE TO DESIGNATE CHANGED LIFESTYLE 2 MINISTRIES INC. AS BEING EXEMPT FROM REAL AND 3 PERSONAL PROPERTY TAXATION 4 5 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of the 6 City of Virginia Beach has advertised and conducted a public hearing on the issue of granting an 7 exemption from local real and personal property taxes to Changed Lifestyle Ministries, Inc.; 8 9 NOW,THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 10 BEACH, VIRGINIA: 11 12 1. That the Council of the City of Virginia Beach,Virginia, hereby designates Changed 13 Lifestyle Ministries, Inc.as a charitable organization within the context of§6(a)(6)of Article X of 14 the Constitution of Virginia and §58.1-3651 of the Code of Virginia. 15 16 2. That real and personal property owned by Changed Lifestyle Ministries, Inc.located 17 within the City of Virginia Beach that is used exclusively for charitable purposes on a nonprofit 18 basis is hereby exempt from local property taxation. 19 20 3. This exemption is contingent on the following: 21 22 (a) continued use of the property by Changed Lifestyle Ministries, Inc.for exclusively 23 charitable purposes; 24 25 (b)that each July 1, Changed Lifestyle Ministries, Inc. shall file with the 26 Commissioner of the Revenue a copy of its most recent federal income tax 27 return, or if no such return is required, it shall certify its continuing tax exempt 28 status to the Commissioner of the Revenue; 29 30 (c) that every three years, beginning on January 1, 2021, Changed Lifestyle 31 Ministries, Inc. shall file an exemption application with the Commissioner of the 32 Revenue as a requirement for retention of the exempt status of the property;and 33 34 (d) that Changed Lifestyle Ministries, Inc. cooperate fully with the Commissioner of 35 the Revenue with respect to audit of its financial records and compliance with the 36 terms of this ordinance. 37 38 4. That the effective date of this exemption shall be January 1, 2018. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2017. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL ENCY: C.mmission- g e Revenue ". • -y' Office CA14180/R-1/Oct+ober 18, 2017 OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: Changed Lifestyle Ministries Inc. T/A Changed Lifestyle Ministries Inc. 6361 Chesnut Hill Rd (office use only) Website: N/A SUMMARY OF NONPROFIT BUSINESS ACTIVITY Organization just started this year,they plan to have education sessions/meetings across the area to empower individuals to find their potential, spiritual freedom, personal growth, physical and financial health and salvation through a direct relationship with their Creator taught without limitations of man-made traditions, doctrines, rules and religions. They will hold seminars at other organizations locations. As of September 26, 2017 they are still developing their business plan and have not held any educational sessions. Business property consist of a computer,office desk and chair. TAX IMPACT Real Property Parcel Assessment: None Tax: None Business Property Assessment: $1,730.00 Tax: $27.68 Personal Property Assessment: None Vehicle Tax: None RELEVANT INFORMATION IRS Granted 501 (c) 3 status— January 26,2017 DISCLOSURE STATEMENT FORM The compictiorr and submission of this form is re[i,:ireu for all applications wherein such applicant may utilize certain service providers or financial institutions. and the City seeks to know of the existence of twit; t elationships in advanca of ant; vote upon such application, SE( -i-IC3h.) / DISCLOSUE Orgatli faiSUt, iT�l tl7 tx: Cha•-,tel Mlacni SEt,! ION 2. SERVIC FS DISCI t7SLiU;€E 1 ai the Lr . Ce:e';.cS be eg Gr t cu ih connection v‘iir arrh' ;Alt n drA t i YIS "+ G-c ILH',Fy t'^ u . d,iftl 14c rltri SEE t m orma -f , , :eP 4ln a yf;ffr nt a }tr'V LC r.. 1:d f t FRTII ICAI 0N: cert tha !! c;f u 1 r ',.n:-a; or IffN kSric,fir cdrderti€rit cirFn c mi i,i. to ll 't nne , _.i aIt t cdrr , r F Cir r =1 : 1Htde r ;-pdae , rho- rife n ''ere', . . enol � larici ;; del II_H er-rtr t le��` 11*. ! r Ltatlna Accounting Services By: MGM Financial Services Michelle C. Mattison, CPA (757) 547-2545 Banking Services By: City National Bank Virginia Beach, VA Legal Services By: Charles D. Pittman,Jr. &Associates 712 Hillingdon Court Virginia Beach, VA 23462 (757) 467-7600 1 AN ORDINANCE TO DESIGNATE THE VIRGINIA-WEST 2 VIRGINIA CHAPTER OF THE NATIONAL MULTIPLE 3 SCLEROSIS SOCIETY AS BEING EXEMPT FROM REAL 4 AND PERSONAL PROPERTY TAXATION 5 6 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of the 7 City of Virginia Beach has advertised and conducted a public hearing on the issue of granting an 8 exemption from local real and personal property taxes to the Virginia-West Virginia Chapter of 9 the National Multiple Sclerosis Society; 10 11 NOW,THEREFORE,BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 12 BEACH, VIRGINIA: 13 14 1. That the Council of the City of Virginia Beach, Virginia, hereby designates the 15 Virginia-West Virginia Chapter of the National Multiple Sclerosis Society as a charitable 16 organization within the context of§6(a)(6)of Article X of the Constitution of Virginia and §58.1- 17 3651 of the Code of Virginia. 18 19 2. That real and personal property owned by the Virginia-West Virginia Chapter of the 20 National Multiple Sclerosis Society located within the City of Virginia Beach that is used 21 exclusively for charitable purposes on a nonprofit basis is hereby exempt from local property 22 taxation. 23 24 3. This exemption is contingent on the following: 25 26 (a) continued use of the property by the Virginia-West Virginia Chapter of the 27 National Multiple Sclerosis Society for exclusively charitable purposes; 28 29 (b) that each July 1, the Virginia-West Virginia Chapter of the National Multiple 30 Sclerosis Society shall file with the Commissioner of the Revenue a copy of its 31 most recent federal income tax return, or if no such return is required, it shall 32 certify its continuing tax exempt status to the Commissioner of the Revenue; 33 34 (c) that every three years, beginning on January 1, 2021,the Virginia-West Virginia 35 Chapter of the National Multiple Sclerosis Society shall file an exemption 36 application with the Commissioner of the Revenue as a requirement for retention 37 of the exempt status of the property; and 38 39 (d)that the Virginia-West Virginia Chapter of the National Multiple Sclerosis Society 40 cooperate fully with the Commissioner of the Revenue with respect to audit of its 41 financial records and compliance with the terms of this ordinance. 42 43 4. That the effective date of this exemption shall be January 1, 2018. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2017. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL �S. - . ENCY: tu:JAL ;i Commission: ,i'e Revenue City Attorne,'s Office CA14180/R-1/October 18, 2017 OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: National Multiple Sclerosis Society T/A National Multiple Sclerosis Society 760 Lynnhaven Pkwy#201 (local office) Website: http://www.nationalmssociety.org/ SUMMARY OF NONPROFIT BUSINESS ACTIVITY The Virginia- West Virginia Chapter works to improve the quality of life for people affected by MS throughout Virginia and West Virginia, as well as three counties in northeastern North Carolina and seven counties in southeastern Kentucky, and raise funds for critical MS research. Join the movement toward a world free of MS. TAX IMPACT Real Property Parcel Assessment: None Tax: None Business Property Assessment: $67,467.60 Tax: $2,698.70 Personal Property Assessment: None Vehicle Tax: None RELEVANT INFORMATION IRS Granted 501 (c) 3 status—October, 1947 DISCLOSURE STATEMENT FORM • • The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name: National Multiple Sclerosis Society SECTION 2. SERVICES DISCLOSURE Are any of the following services being �r0� �o. 1},< the answer to any item is YES, please identify dthe connection rioindividualeprovidingt the rxr service: YES ! INOII SERVICE PROVIDER fuse additional sheets If I ❑ i Accounting and/or preparer of your tax return Financial Services (include ---- --- ❑ ® lending/banking institutions and current mortgage holders as applicable) _. ❑ El II Legal Services —� -- i ❑ qj I Broker/Contractor/Engineer/Other Service Providers CERTIFICATION: ---- — I certify that all of the information remained in this Disclosure Statement Form is complete, true, and accurate_ I understand I am responsible for updating the information provided herein if it I changes prior to the Council action upon this Application. KAa1- APMICANiS IGS NATUREPRINT NAME Ai E _— __ DATE— l 1 AN ORDINANCE TO DESIGNATE MINO FOUNDATION AS 2 BEING EXEMPT FROM REAL AND PERSONAL PROPERTY 3 TAXATION 4 5 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of the 6 City of Virginia Beach has advertised and conducted a public hearing on the issue of granting an 7 exemption from local real and personal property taxes to Mino Foundation; 8 9 WHEREAS, the Mino Foundation trades as "Soap Chips;" 10 11 NOW,THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 12 BEACH, VIRGINIA: 13 14 1. That the Council of the City of Virginia Beach, Virginia, hereby designates Mino 15 Foundation as a charitable organization within the context of § 6(a)(6) of Article X of the 16 Constitution of Virginia and §58.1-3651 of the Code of Virginia. 17 18 2. That real and personal property owned by Mino Foundation located within the City of 19 Virginia Beach that is used exclusively for charitable purposes on a nonprofit basis is hereby 20 exempt from local property taxation. 21 22 3. This exemption is contingent on the following: 23 24 (a) continued use of the property by Mino Foundation for exclusively charitable 25 purposes; 26 27 (b) that each July 1, Mino Foundation shall file with the Commissioner of the 28 Revenue a copy of its most recent federal income tax return, or if no such return 29 is required, it shall certify its continuing tax exempt status to the Commissioner of 30 the Revenue; 31 32 (c) that every three years, beginning on January 1, 2021, Mino Foundation shall file 33 an exemption application with the Commissioner of the Revenue as a 34 requirement for retention of the exempt status of the property; and 35 36 (d)that Mino Foundation cooperate fully with the Commissioner of the Revenue with 37 respect to audit of its financial records and compliance with the terms of this 38 ordinance. 39 40 4. That the effective date of this exemption shall be January 1, 2018. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2017. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL /. . ' � S . - ICI CY: Cor1'.missioner f vRevenue A orOffice CA14179/R-1/October 18, 2017 OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: Mino Foundation T/A Soap Chips 2514 Bayview Ave Virginia Beach, VA 23455 Website: http://www.soapchips.org/about.html SUMMARY OF NONPROFIT BUSINESS ACTIVITY Soap Chips is an organization that provides showers to those in need. Through a portable shower unit, they are able to provide warm showers to homeless, emergency need situations, as well as any other need for showers that may arise. It is a self- contained shower unit/trailer that can be taken to any location. Organization partners with PIN Ministries in Virginia Beach at this time to help the homeless in Virginia Beach and surrounding cities. TAX IMPACT Real Property Parcel Assessment: None Tax: None Business Property Assessment: None Tax: None Personal Property Assessment: $12,000.00 Vehicle Tax: $480.00 RELEVANT INFORMATION IRS Granted 501 (c) 3 status—August,2007 DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name: S11JP Oti1\8s SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant? If the answer to any item is YES, please identify the firm or individual providing the service: I YES I NO SERVICE PROVIDER (use additional sheers if needed) n Accounting and/or preparer of F' hn CearhALIGVc. bk AY* ' your tax return k4DR Ayi _ U.(• 3 ) �� / Financial Services (include ) & 't\5 1 Ir�I '.. lending/banking institutions and • current mortgage holders as applicable) _... 7' Legal Services Er Broker/Contractor/Engineer/Other Service Providers CERTIFICATION: • certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. '. I understattcl-t-amsresy©rt9ible for updating the information provided herein if it changes prior to,khSiCCounalaction upon this Application. • / ` ' // PINT NAM DA1E C�1 r —. FP N Sw.�NAT E i(•�- �!I1, , � ( i' 1 AN ORDINANCE TO DESIGNATE AMERICAN CONGRESS 2 FOR TRUTH, INC. AS BEING EXEMPT FROM REAL AND 3 PERSONAL PROPERTY TAXATION 4 5 WHEREAS, in accordance with § 58.1-3651 of the Code of Virginia, the Council of the 6 City of Virginia Beach has advertised and conducted a public hearing on the issue of granting an 7 exemption from local real and personal property taxes to American Congress for Truth, Inc.; 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 10 BEACH, VIRGINIA: 11 12 1. That the Council of the City of Virginia Beach,Virginia,hereby designates American 13 Congress for Truth, Inc.as a charitable organization within the context of§6(a)(6)of Article X of 14 the Constitution of Virginia and §58.1-3651 of the Code of Virginia. 15 16 2. That real and personal property owned by American Congress for Truth, Inc.located 17 within the City of Virginia Beach that is used exclusively for charitable purposes on a nonprofit 18 basis is hereby exempt from local property taxation. 19 20 3. This exemption is contingent on the following: 21 22 (a) continued use of the property by American Congress for Truth, Inc. for 23 exclusively charitable purposes; 24 25 (b)that each July 1, American Congress for Truth, Inc. shall file with the 26 Commissioner of the Revenue a copy of its most recent federal income tax 27 return, or if no such return is required, it shall certify its continuing tax exempt 28 status to the Commissioner of the Revenue; 29 30 (c) that every three years, beginning on January 1, 2021, American Congress for 31 Truth, Inc. shall file an exemption application with the Commissioner of the 32 Revenue as a requirement for retention of the exempt status of the property;and 33 34 (d)that American Congress for Truth, Inc. cooperate fully with the Commissioner of 35 the Revenue with respect to audit of its financial records and compliance with the 36 terms of this ordinance. 37 38 4. That the effective date of this exemption shall be January 1, 2018. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2017. Requires an affirmative vote of three-fourths of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL iSQFFICIENCY: •Commission! . Revenue City Att - 's Office CA14239/R-1(November 1, 2017 OVERVIEW OF NONPROFIT APPLICATION FOR EXEMPTION ENTITY NAME: American Congress for Truth Inc. T/A American Congress for Truth Inc. Webs ite: http://www.actforamerica.org/ SUMMARY OF NONPROFIT BUSINESS ACTIVITY ACT for America educates citizens and elected officials to impact public policy and protect America from terrorism.ACT for America is continuing to expand its nationwide volunteer network that trains citizens to recognize and help prevent criminal activity and terrorism in the United States while preserving civil liberties protected by the United States Constitution. TAX IMPACT Real Property Parcel Assessment: None Tax: None Business Property Assessment: $29,604.40 Tax: $1,184.18 Personal Property Assessment: None Vehicle Tax: None RELEVANT INFORMATION IRS Granted 501 (c)3 status—January 25, 2005 DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications wherein such applicant may utilize certain service providers or financial institutions, and the City seeks to know of the existence of such relationships in advance of any vote upon such application. SECTION 1 / APPLICANT DISCLOSURE Organization name: AMERICAN CONGRESS FOR TRUTH INC SECTION 2. SERVICES DISCLOSURE Are any of the following services being provided in connection with the applicant?If the answer to any item is YES,please identify the firm or individual providing the service: SERVICE PROVIDER(use additional sheets if needed) Accounting and/or preparer of Waren Averett CPA your tax return Pensacola,FL Financial Services(include Bank of America- - lending/banking institutions and banking current mortgage holders as a Towne Bank-banking licable) Goodman Allan Donnelly Legal Services Singer Legal Group Broker/Contractor/Engineer/Other Service Providers CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand I am responsible for updating the information provided herein if it changes prior to the Council action upon this Application. a'i Christine H Russell 10/31/17 APPLICANTS SIGNATURE PRINT NAME DATE „twu•ae Original Proposal • VYY"-F L71. am_ .City Council Policy Tale. City Council Policy Regarding Applications for Tax Exemption by Designation Date of Adoption February 3, 2004 Dares of Revisions May 6,2008 Page I of 4 1.0 Purpose and Need • Purpose: To establish criteria for approval of resolutions by City Council to exempt, by designation, local nonprofit organizations from real and personal property taxes. Need City Council has requested guidance as to criteria for considering exemptions as well as a procedure for reviewing requests for exemption from local property taxes. The Commissioner of the Revenue has offered revisions to Council's policy adopted on Pebmary 2, 2004 in an effort to streamline the exemption review process for local nonprofit organizations and provide necessary analysis and oversight of the application process. Legislative Background: The Virginia Constitution provides that, after January 1, 2003, local governments may, by designation, exempt the real and personal property of nonprofit organizations from local property taxes if used exclusively for religious, charitable, patriotic, historical,benevolent,cultural,or public park and playground purposes. However,S provided in Virginia Code 158.1-3651, the local goveming body must adopt an ordinance to exempt the Property 2.0 Policy The City Council is not required to designate any organization properly applying for exemption from taxation,and every designation of an organization is conditioned upon compliance with the terms of this policy and any ordinance granting the exemption. If an organization does not comply with these requirements,the City Council may revoke the tax exemption after providing notice and a hearing to the organization. Any revocation of an exemption shall be effective at the beginning of the tax year during which the revocation occurs. _ - The applicant or a representative of the applicant shall provide the Commissioner of the Revenue detailed information necessary to determine the benefits to the public that will result from grantingtax exemption. In considering applications, the Commissioner of the Revenue shall employ the following guidelines: Tide: City Council Polity Regarding Applications for Tax Exemption by Designation Date of Adoption: February 3,2004 Dates of Revisions: May 6,2008 Page 2 of 4 1. The organization must be exempt from federal income tax pursuant to Internal Revenue Code § 501(c). 2. Personal or real property for which an exemption is sought cannot be used by any member of the organization or other persons except for non-profit purposes benefiting the non-profit organization applying for exemption. 3. The organization must be in compliance with all City ordinances and regulations(including ' but not limited to building, property maintenance, and zoning codes) and a0 applicable tax obligations. 4. The organization must provide a service to the residents of the City that results in a benefit to the public (tangible or intangible). The following requirements apply to each entity exempted from local property taxes by the City Council: 1. Upon obtaining exemption,the organization must annually submit (by July 1 of each year) its Internal Revenue Service Form 990 or 990 EZ to the Commissioner of the Revenue. If not required to file Form 990 or 990 EZ, then the organization must annually certify on form(s) prescribed by the Commissioner of the Revenue its continuing tax exempt status. Loss of 501(c)status must immediately be reported to the Commissioner of the Revenue and City Attorney, and is grounds for revocation of tax exempt status. 2. Pursuant to Virginia envie§58.1-3605,each entity exempted from local property taxes shall, every three years,file an exemption application with the Commissioner of the Revenue as a requirement for retention of the exempt status of the property. The application form shall be approved as to form by the Ciry Attorney. 3. Each entity exempted from local property taxes must cooperate fully with the Commissioner of the Revenue with respect to audit of its financial records,compliance with the tetms of this policy, and compliance with any ordinance granting tax exemption. 3.0 Procedure to Accomplish Policy 1. Organizations applying for exemption must request a determination from the Commissioner of the.Revenue as to whether the organization is or may be tax-exempt by classification, pursuant to Article 2 058.13606 et seq.) &Article 3 058.1-3609 et seq.) of Title 58.1 of the Virginia Code. If the organization is not exempt, but meets the criteria of organizations that can be exempted by designation (see Virginia Code§58.1-3651),the organization will receive Title: City Council Policy Regarding Applications for Tax Exemption by Designation Date of Adoption February 3, 2004 Dates of Revisions:May 6, 2008 Page 3 of 4 an application from the Commissioner of the Revenue. The application form shall request all information required by Virginia Code §58.1-3651 and be approved as to form by the City Attorney. 2. Applications for exemption shall be considered quarterly. Applications for exemption must be submitted to the Commissioner of the Revenue. Applications shall be submitted no later than October 1 of the year preceding the effective date of the exemption Based on the criteria set forth in section 2.0 of this policy,the Commissioner of the Revenue will review each application and make a report to City Council regarding whether an organization qualifies for exemption under law and City policy. The Commissioner of the Revenue will not submit applications he deems incomplete to City Council for a determination. 3. The Commissioner of the Revenue shall forward copies of the applications along with his written findings to the City Attorney. The City Attorney shall prepare the necessary ordinances for City Council and coordinate with the City Clerk to ensure that the applications are properly advertised and placed on the City Council's agenda fora public hearing and formal consideration. 4. The City Council will conduct a public hearing and consider the aiteria set forth in Virginia Code 68.1-3651, section 2.0 of this policy, and the findings of the Commissioner of the Revenue. 5. Any exemptions granted shall be effective as of the next January L 6. Exemptions, as well as any departure from these guidelines, shall require approval by three- fourths (3/4) of the members of City Council. 4.0 Responsibility and Authority Responsibility for initiating application for exemption and timely providing any information or application required by the Commissioner of the Revenue shall rest with the organization seeking exemption.Responsibility for making available information,application for exemption,verifying submitted tax information and reporting on the initial and continuing status of the taxpayer shall rest with the Commissioner of the Revenue. Responsibility for preparing required ordinances, arranging for the advertising of public hearings, and placing items on the City Council's agenda for a vote on proposed exemptions shall rest with the City Attorney. Responsibility for the final determination of the public benefits resulting from tax exemption shall rest exclusively with the City Council. Tide: City Council Policy Regarding Applications for Tax Exemption by Designation Date of Adoption: February 3,2004 Dates of Revisions:May 6,2008 Page 4 of 4 5.0 Definitions PUBLIC BENEFIT- Any benefit or advantage expected to be realized by the public, whether tangible or intangible, which may accompany the tax exemption. LOCAL PROPERTY TAXES- Ad valorem taxes levied by the City of Virginia Beach on real estate or tangible personal property. 6.0 SS eaten In addition to the procedures and responsibilities set forth in paragraphs 3.0 and 4.0,respectively, documentation forwarded to the City Council shall include submission of an application form in form and substance substantially as presented in the attached Exhibit A,as well as any additional information that the applicant wishes to present to the City Council (4.),Hart CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Declaring Approximately 69.35 Acres of City Property Located off Birdneck Road to be in Excess of the City's Needs and Authorizing Transfer of the Property to the City of Virginia Beach Development Authority MEETING DATE: December 12, 2017 • Background: The City of Virginia Beach (the "City") owns property off Birdneck Road, consisting of four (4) parcels of land, identified as 2417-40-8720, 2417-20-3629, 2417-31-7606, and 2417-41-1312 (the "City Property"). A portion of the City Property was previously leased to a private operator for the Owl's Creek Golf Course, which has now ceased operations. The City Property is currently not being used. The City Property was acquired from voluntary sellers in 1979 and 1980. According to available records, the source of funds for the acquisition of the City Property was the City's General Fund. The City's Department of Economic Development is working with Management Services Group, Inc., d/b/a Global Technical Systems ("GTS"), on the terms of an agreement to sell a portion of the City Property to GTS for the development of an advanced manufacturing facility (the "Project"). GTS proposes to purchase approximately 69.35 acres of the City Property (the "Development Parcel") for its Project, with the exact acreage to be determined. GTS proposes to spend approximately $54.7 million and plans to hire over 1,100 new employees in connection with the Project. On December 5, 2017, Governor McAuliffe announced that $7.8 million in state grants and incentives will become available to GTS for the Project. On December 19, 2017, the City of Virginia Beach Development Authority (the "Authority") will consider an Economic Development Investment Program award for the Project in the amount of $1.8 million. The Authority is the development arm of the City, and has been instrumental in overseeing many commercial development projects involving the City, including several industrial and corporate parks. The Authority is usually the contracting party for the sale of publicly owned property for development projects. • Considerations: While all the terms of the sale have not been finalized, the Authority proposes for the City to transfer the Development Parcel to the Authority, and the Authority to thereafter sell the Development Parcel to GTS for development of the Project for $40,000 per usable acre, with approximately 31 acres identified as usable. The purchase agreement will also contain a condition requiring that the gate to the facility be located and operated so that cars do not stack up onto Birdneck Road while waiting to go through the gate. The proceeds from the sale of the Development Parcel would be returned to the City, less expenses incurred by the Authority related to the sale, including approximately $475,000 in costs associated with sewer upgrades, wetland mitigation and various local fees. • Public Information: A public hearing for the proposed conveyance of the Development Parcel was advertised on December 3, 2017 in The Virginian-Pilot. Advertisement of City Council Agenda. • Alternatives: Approve the Ordinance as presented, deny approval of the Ordinance, or add conditions or modifications as desired by City Council. • Recommendations: Declare the Development Parcel excess and authorize the City Manager to execute all necessary documents to convey the Development Parcel to the Authority. • Attachments: Ordinance, Disclosure Statement Form, Location Map Recommended Action: Approval Submitting Departme• , . e ency: Economic Development City Manager: gi pro=n • 1 AN ORDINANCE DECLARING APPROXIMATELY 2 69.35 ACRES OF CITY PROPERTY LOCATED OFF 3 BIRDNECK ROAD TO BE IN EXCESS OF THE 4 CITY'S NEEDS AND AUTHORIZING TRANSFER OF 5 THE PROPERTY TO THE CITY OF VIRGINIA 6 BEACH DEVELOPMENT AUTHORITY 7 a WHEREAS, the City of Virginia Beach (the "City") owns property off Birdneck 9 Road, consisting of four (4) parcels of land, identified as 2417-40-8720, 2417-20-3629, 10 2417-31-7606 and 2417-41-1312 (the "City Property"). A portion of the City Property 11 was previously utilized as the Owl's Creek Golf Course; 12 13 WHEREAS, the City of Virginia Beach Development Authority (the "Authority") 14 was specifically created for the purpose of fostering and stimulating economic 15 development in the City and would be the best suited to finalize terms for development; 16 17 WHEREAS, City staff has been working with Management Services Group, Inc., 18 d/b/a Global Technical Systems ("GTS"), on the terms of an agreement to sell a portion 19 of the City Property to GTS for the development of an advanced manufacturing facility 20 (the "Project"); 21 22 WHEREAS, City staff, the Authority and GTS have identified a portion of the City 23 Property, consisting of approximately 69.35 acres (the "Development Parcel") to be the 24 preferred site and suitable for the Project. The Development Parcel is more particularly 25 shown and described in Exhibit A, attached hereto; 26 27 WHEREAS, the Authority proposes to sell the Development Parcel to GTS for 28 development of the Project for $40,000 per usable acre, with approximately 31 acres 29 identified as usable; and 30 31 WHEREAS, City staff and the Authority have determined that title to the 32 Development Parcel should be transferred from the City to the Authority to facilitate and 33 expedite the proposed development of the Project. 34 3s NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 36 VIRGINIA BEACH, VIRGINIA, 37 3s 1. That the Development Parcel, consisting of approximately 69.35 acres of 39 City-owned property located off Birdneck Road, more particularly described in Exhibit A 40 attached hereto and incorporated herein, is hereby declared to be in excess of the 41 needs of the City of Virginia Beach. 42 43 2. That City Council, subject to acceptance by the Authority, authorizes the 44 transfer of title of the Development Parcel to the Authority. 45 3. That the City Manager, or his designee, is hereby authorized to execute 46 any and all documents to complete such transfer, so long as the documents contain 47 such terms, conditions and modifications as may be acceptable to the City Manager and 48 in a form deemed satisfactory by the City Attorney. 49 so 4. That the City Council requests and recommends that the Authority adopt a si Resolution (i) accepting such transfer of the Development Parcel, (ii) agreeing to return 52 to the City the proceeds from the future of said parcel, less expenses incurred by the s3 Authority related to the sale, and (iii) including a requirement in the purchase agreement 54 that the Project be developed so that the gate to the facility will be located and operated ss so that cars do not stack up onto Birdneck Road while waiting to enter the facility. 56 57 Adopted by the Council of the City of Virginia Beach, Virginia, on the 58 day of , 2017. APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: jlhnt City Attorney Economic Development CA14189 ,..rlpov.mmmrsI pI, lionsrnyLrncycoIt1 iJou,eoze O2 s,W414412Woa R-1 12/6/2017 2 EXHIBIT A \ .\\ \ / \� \ \ ±± \\\" i- O'i . � /\ \ \ .11 ; __ . 1;..1 < . , 9 - . \/ \ eggs 1 \ y ; : - \ =4-if:_ \ z< , \ \ ~^ / . g g ~ . . . ~ \ \ , ; : ^\/ ~ \— - ; \ ; M @ - : prz \ u \ § } � : �_ _ . g } ;: $ : - . . \ ! R . . � . . �- - - -- - - � - . ; m ! . , ; + % : u ; ;. ; ! - » ^ % } / ' ) - litt\ \ ;! ) % I \ § / ) P< . : � : . \\ ( © ^ ; \ j ) ! \ \ »! \ , r \� 2 , a \ ) N. m $ 2{ . g d . E44^. \ \ } ± ƒ 4 5.4r 1 . 2 \ \ \ k \ ! 2 ^ / > ) i \ ' t 1 } ` ` \ ` } j \ }\ \ \ /. . / I - . ! . %\ - /^ 1 - BOUNDARY SURVEY OF teAAMERICAN - . THE . . . \ lidB 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 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. • • SECTION 1 / APPLICANT DISCLOSURE ❑ Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. D 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 appiicatlon(s). ❑ APPLICANT NOTIFIED OF HEARING DATE: ❑ NO CHANGES AS OF DATE: n REVISIONS SUBMITTED DATE: - - 11/4Et. 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) Owl Creek Energy LLC - Owners- Yusun Spitzer, Terry Spitzer (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 • relationship with the Applicant: (Attach list if necessary) Management Services Group Inc. dba Global Technical Systems Seahawk LLCI SPARQ GLOBAL LLC See next page for information pertaining to footnotes1 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) Owl Creek Energy LLC Owners-Yusun Spitzer, Terry Spitzer (B) List the businesses that have a parent-subsidiary i or affiliated business entity z relationship with the Property Owner: (Attach list if necessary) Management Services Group Inc. dba Global Technical Systems, Seahawk LLC, SPARQ GLOBAL LLC common ownership -Yusun Spitzer, Terry Spitzer 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 F of Interest under Virginia law. an. w�f _._ Virginia Beach. I "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than SO 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, (li) a controlling owner In one entity Is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered In determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entitles" See State and Local Government Conflict of Interests Act, Va.Code 4 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: YES NO SERVICE PROVIDER(use additional sheets if needed) Accounting and/or preparer of Cherry Bekaert LLP your tax return 0 n Architect/ Landscape Architect/ United Construction, ARCO Land Planner Contract Purchaser(if other than O ❑x the Applicant)- identify purchaser N/A and purchaser's service providers Any other pending or proposed O purchaser of the subject property N/A (identify purchaser(s)and purchaser's service providers) ® Construction Contractors ARCO Qx Engineers /Surveyors Kimley- Horn 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, AB Virginia Beach Financing (include current O ❑ mortgage holders and lenders Towne Bank, selected or being considered to provide financing for acquisition VB Industrial Rev. Bond or construction of the property) ❑X 0 Legal Services Kaufmann&Canoles,Vandeventer Black Real Estate Brokers / Agents for ❑ 0 current and anticipated future N/A 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 contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. Yusun Spitzer 12/1/2017 APPLICANT' .- . PRINT NAME DATE '--_,- Yusun Spitzer 12/1/2017 PROPERTY I S RE PRINT NAME I DATE The disclosures contained in this form are necessary to Inform public Page 4 of 4 officials who may vote on the application as to whether they have a conflict of Interest under Virginia law. —I o D 0- -0 m o r13 X• 7 Q Lo -< A •W CD H U, Q H o - < o Rs H co 'a vim D < ii � ! `-� . r O r11100•0716. n k ten .,,,03`4°�itO s rl' •"1 s i i O r_ I z Arno: or=lik sit I:: 8 D -0 hir .___________„„ ---___ _ - -- �- /� ��'I - ;.4 ' CITY OF VIRGINIA BEACH AGENDA ITEM ITEMS: (1) An Ordinance to Modify the Boundary of the Hurd's Cove Neighborhood Dredging Special Service District and to Authorize the Refund of SSD Levies (2) An Ordinance to Modify the Boundary of the Chesopeian Colony Neighborhood Dredging Special Service District and to Authorize the Refund of SSD Levies MEETING DATE: December 12, 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 and Chesopeian Colony that ought to be removed from the program. As proposed, the five properties would be removed from Hurd's Cove and eight properties would be removed from Chesopeian Colony. • 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 barriers, or barriers 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 § 15.2-2402.1. Additionally, public information will be provided through the normal Council agenda process. • Recommendations: Approval of the attached ordinance. • Attachments: Ordinances (2), Modified District Boundary Map (2) (Attachment A), List of Properties to be removed (2) (Attachment B) Recommended Actio•• Approval Submitting De. .rt gency: Public Works QY,� City Manager {1', tik 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 SW are hereby modified to reflect the 21 map attached hereto as "Attachment A," with a GPIN and Address list of the parcels to 22 be 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. Requires an affirmative vote by a majority of all of the members of City Council. A• •RO ED AS TO CONTENT: APPROVED AS TO CONTENT: // I j le •ii Tr---;surer's Office Public Works AP• - • - • AS TO LEGAL SUFFICIENCY: J p.,isi LC ti Attorne- s Office CA14078 R-2 November 28, 2017 ARRIFW � moi' n :Pdt!o `\ w*h \_ V ZarriPs*. .WA I I s L '41ANOV I 0 z _t__1101.10"„ -40/ ___, ‘,, ••i _.;Wi44 I 00 S e 7 ' A._ , iik°4.e''''' \ 11 .' £t4 4AQ,z4 likki V10, (> \ \ V o - ® .. -- 1 \ Sift , .,o o � irtie i® iso . r---- /® \ V ' la.*�j o o e -11.,Acre 7: \ N „ iih -y , RCp i _ , 4, - ® I Rcn \ `- 41‘ `' . Ikk, %' 7 'Kw te. w ° R- ° � �� Rcee � R�n � O � II Rin 44, 411. Rin ° . I� o fir ,,fil :-, I'. rtceoO t,#- • um. • , • mg;_._ Aso. r loin *- *# tIf/Tav Vm =maw \ .*„ ? "--..‘00 ,i „„„„.. , ,. ,_ zapLegend 14-,..,_ il v , � v A._ P-:::::,...— Q. . O� r • . �y�' aira %% ..,,.d.„., , + _ ...4,.: +,‘„ ,„ • -Nalghtwrhood Funded SPur 'li� ' � '' ♦ : Removed Channels / • 44ait4t.4 ♦ ,� ..- P' ` O Stutly Area Proporry ' � , � �S, ',-,a le . 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Hurds Cove Neighborhood Dredging October 2017 }" SLPw 71 Properties "Attachment A" ATTACHMENT B Hurds Cove SSD Properties Removed from Program October 2017 5 Total Properties GPIN Address 14982217310000 946 QUAIL RUN QUAY 14982209010000 942 QUAIL RUN QUAY 14981295180000 927 HURDS RD 14981017030000 3100 WINCHESTER LN 14972956800000 3013 BRAY RD 1 AN ORDINANCE TO MODIFY THE BOUNDARY OF THE 2 CHESOPEIAN COLONY NEIGHBORHOOD DREDGING 3 SPECIAL SERVICE DISTRICT AND TO AUTHORIZE THE 4 REFUND OF SSD LEVIES 5 6 WHEREAS, the City Council established the Chesopeian Colony Special Service 7 District (the "SSD") by ordinance (ORD-3300), which was adopted August 13, 2013; 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 Chesopeian Colony SSD are hereby modified to 21 reflect the map attached hereto as "Attachment A," with a GPIN and Address list of the 22 parcels to be 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. Requires an affirmative vote by a majority of all of the members of City Council. A"P- • ED AS TO CONTENT: APPROVED AS TO CONTENT: sfl Trea rer's Office Public Works APP' o v - • AS TO LEGAL SUFFICIENCY: Arai City Attor - ' Office CA14249 R-1 November 28, 2017 It \.\ mi r "w i"ki lii 4ii -,i' 44 \ )iii . ttadj _ •, VA4ror2N.4`, 4 ► �i/w Se, _._._ /. /Iviol,' .N 14* Nit- k .\, ..., sit If. Vol* ' 4. yji el iob,,,2i0,1, 1. rr \,‘ 4‘," '4 %//kW 10, ' 4°)i°4 m.I i ,4)4 itc5:0-7\ , ..,4 t •\#,P - - (DA& . wr6ifiro,*trD to! ! ---* k Q, ; ,-44„.., ".64_4(0...„ '. .4% 4/4 � 4©/ [Ob...m[m) N., iv. O \Ro tom t&Z--- 411111 • �� . 0 ga III g.t) f. �♦♦�*ei i ) ... 4 " In • IOW 0 'N � AO ��0 �moi/ ♦��.�♦ 1,v �� .4411k Akre 001111 10 p0. 6�0� �A �� oi/, iii/ ♦�j� NIL 4)O o,4� X111111110 4• \ 1tittlt 10 4‘. ' ��a�"n� i�r///►�� `�� * , / A o„.i k...,1,to..ii.ups,v, vo A , 00.\\,0,1,., 0� ��,*4/ ita ,15i OPP 11111111 al Gr l'Afte)b\ fil . c ice15* . , Ail.Jj\W 0 41/4"iluil ,, 41-h(m 1615 11)1441%� t►� 11i11�,, o : ts. 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ATTACHMENT B CHESOPEIAN COLONY SSD-PROPERTIES TO BE REMOVED Number GPIN Address 10 1497-46-5354-0000 2802 Queen Anne Road 11 1497-46-6239-0000 2804 Queen Anne Road 12 1497-46-7246-0000 325 Chesopeian Trail 13 1497-46-7395-0000 321 Chesopeian Trail 14 149746-8444-0000 323 Chesopeian Trail 15 1497-46-9602-0000 2805 North Kings Road 16 149746-7694-0000 2809 North Kings Road 17 149746-6695-0000 2813 North Kings Road [ re-rn , tor 4k Ctr.:77 CITY OF VIRGINIA BEACH AGENDA ITEM 1 ITEM: RESOLUTION OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PROVIDING FOR THE ISSUANCE AND SALE OF GENERAL OBLIGATION PUBLIC IMPROVEMENT REFUNDING BONDS, IN THE MAXIMUM AMOUNT OF $85,000,000 TO REFUND PREVIOUSLY AUTHORIZED AND ISSUED BONDS, AND PROVIDING FOR THE FORM, DETAILS AND PAYMENT THEREOF MEETING DATE: December 12, 2017 •Background: Both the House and Senate versions of the proposed Tax Cuts & Jobs Act would eliminate the ability of state and local governments to issue advance refunding bonds as of December 31, 2017. The City's Financial Advisor has identified bond issues that have potential debt service savings if refunded in the current market. If this bill becomes final as currently written, this would be the last opportunity for the City to advance refund bonds. If conditions change, this sale could be deferred and included with the next new money general obligation bond sale. The Department of Finance and the City's Financial Advisor recommend that the City issue refunding bonds to save on the costs of future debt service. For the bonds that are candidates for refunding, favorable market conditions allow the City to redeem these bonds and issue refunding bonds at a significant debt service savings. This maximum amount indicated - $85,000,000 - provides flexibility to include additional callable maturities should current rates improve. However, if the sale occurred based on the rates of November 30th, the amount of refunding would be about $65,000,000. •Considerations: The City's Bond Counsel, Kutak Rock LLP, has prepared the enclosed resolution authorizing the issuance and sale of the bonds. The bonds will be sold electronically by competitive bid, with the actions of the City Manager being conclusive; provided, the Bonds shall have a true interest cost not to exceed 3.25%. • Public Information: Public information will be handled through the normal Council agenda process. The Resolution authorizes the distribution of the Preliminary Official Statement for marketing purposes. Also, a Notice of Sale will be placed in The Bond Buyer, a daily newspaper for the tax-exempt bond market. • Recommendation: Approval • Attachment: Resolution Recommended Action: Approval Submitting Dee. - •gency: Finance c -(i�ck 0 , - / / ik City Manage , RESOLUTION OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PROVIDING FOR THE ISSUANCE AND SALE OF GENERAL OBLIGATION PUBLIC IMPROVEMENT REFUNDING BONDS IN THE MAXIMUM AMOUNT OF $85,000,000 TO REFUND PREVIOUSLY AUTHORIZED AND ISSUED BONDS,AND PROVIDING FOR THE FORM, DETAILS AND PAYMENT THEREOF The City has previously issued its $90,000,000 General Obligation Public Improvement Bonds, Series 2011A (the "Series 2011A Bonds") of which $63,000,000 is outstanding and its $65,000,000 General Obligation Public Improvement Bonds, Series 2012A (the "Series 2012A Bonds") of which $48,750,000 is outstanding. It has been recommended to the City Council by the Financial Advisor that the City may achieve certain debt service savings by refunding portions of the Series 2011A Bonds and Series 2012A Bonds (collectively, the "Prior Bonds")through the issuance of general obligation public improvement refunding bonds in the maximum aggregate principal amount of$85,000,000, subject to certain parameters set forth herein. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,VIRGINIA: 1. Issuance of Bonds. There shall be issued,pursuant to the Constitution and statutes of the Commonwealth of Virginia, including the City Charter (Chapter 147 of the Acts of the General Assembly of 1962, as amended) and the Public Finance Act of 1991 (Chapter 26, Title 15.2, Code of Virginia of 1950, as amended), general obligation public improvement refunding bonds of the City in the maximum principal amount of$85,000,000 (the "Bonds"). The proceeds of the Bonds will be used to refund the Prior Bonds or selected maturities or portions of maturities thereof as herein authorized. Proceeds of the Bonds may also be applied to the costs incurred in connection with issuing such obligations. 2. Bond Details. The Bonds may be issued in one or more series, including issuance as a combined series,and shall be designated"General Obligation Public Improvement Refunding Bonds". The Bonds shall contain the series designation 2017 or such other designation as may be determined by the City Manager, shall be in registered form, shall be dated such date as may be determined by the City Manager, shall be in denominations of $5,000 and integral multiples thereof and shall be numbered RF-1 upward as appropriate. The Bonds if issued as separate series may be sold at the same time or at different times as determined by the City Manager in consultation with the Financial Advisor,and the principal amount of each series of Bonds shall be determined by the City Manager in his discretion in consultation with the Financial Advisor. Subject to Section 9, the issuance and sale of the Bonds are authorized on terms as shall be satisfactory to the City Manager;provided, the Bonds(a)shall have a"true"or"Canadian"interest cost not to exceed 3.25% (taking into account any original issue premium or discount), (b) shall be sold to the purchaser or purchasers thereof at a price not less than 100%of the principal amount thereof, (c) shall be subject to optional redemption beginning no later than and continuing after December 31,2027, at an optional redemption price of no more than 102%of the principal amount to be redeemed plus accrued interest to the optional redemption date,and(d)shall mature annually in installments through serial maturities or mandatory sinking fund payments beginning no later than January 1, 2022, and ending no later than December 31,2032. Principal of the Bonds shall be payable annually on dates determined by the City Manager, which principal payment dates need not be the same for each series. Each Bond shall bear interest at such rate as shall be determined at the time of sale, calculated on the basis of a 360-day year of twelve 30-day months, and payable semiannually on dates determined by the City Manager. Principal shall be payable to the registered owners upon surrender of Bonds as they become due at the office of the Registrar (as hereinafter defined). Interest shall be payable by check or draft mailed to the registered owners at their addresses as they appear on the registration books kept by the Registrar on a date prior to each interest payment date that shall be determined by the City Manager(the"Record Date"). Principal,premium,if any, and interest shall be payable in lawful money of the United States of America. Initially, one Bond certificate for each maturity of the Bonds shall be issued to and registered in the name of The Depository Trust Company, New York, New York("DTC"), or its nominee. The City has heretofore entered into a Blanket Issuer Letter of Representations relating to a book-entry system to be maintained by DTC with respect to the Bonds. "Securities Depository" shall mean DTC or any other securities depository for the Bonds appointed pursuant to this Section 2. In the event that (a) the Securities Depository determines not to continue to act as the securities depository for the Bonds by giving notice to the Registrar, and the City discharges its responsibilities hereunder, or (b) the City, in its sole discretion, determines (i) that beneficial owners of Bonds shall be able to obtain certificated Bonds or (ii) to select a new Securities Depository, then the City's Director of Finance shall, at the direction of the City Manager, attempt to locate another qualified securities depository to serve as Securities Depository and authenticate and deliver certificated Bonds to the new Securities Depository or its nominee,or authenticate and deliver certificated Bonds to the beneficial owners or to the Securities Depository participants on behalf of beneficial owners substantially in the form provided for in Section 6;provided, that such form shall provide for interest on the Bonds to be payable (A) from the date of the Bonds if they are authenticated prior to the first interest payment date,or(B) from the interest payment date that is or immediately precedes the date on which the Bonds are authenticated (unless payment of interest thereon is in default, in which case interest on such Bonds shall be payable from the date to which interest has been paid). In delivering certificated Bonds, the City's Director of Finance shall be entitled to rely on the records of the Securities Depository as to the beneficial owners or the records of the Securities Depository participants acting on behalf of beneficial owners. Such certificated Bonds will then be registrable, transferable and exchangeable as set forth in Section 8. So long as there is a Securities Depository for the Bonds, (1)it or its nominee shall be the registered owner of the Bonds, (2) notwithstanding anything to the contrary in this Resolution, determinations of persons entitled to payment of principal, premium, if any, and interest, transfers of ownership and exchanges, and receipt of notices shall be the responsibility of the Securities Depository and shall be effected pursuant to rules and procedures established by such Securities Depository, (3) the Registrar and the City shall not be responsible or liable for maintaining, supervising or reviewing the records maintained by the Securities Depository, its participants or persons acting through such participants, (4) references in this Resolution to registered owners of the Bonds shall mean such Securities Depository or its nominee and shall not mean the beneficial 2 owners of the Bonds, and (5) in the event of any inconsistency between the provisions of this Resolution and the provisions of the above-referenced Blanket Issuer Letter of Representations, such provisions of the Blanket Issuer Letter of Representations, except to the extent set forth in this paragraph and the next preceding paragraph, shall control. 3. Refunding Provisions. The City Manager is authorized and directed to select the principal maturities of the Prior Bonds or portions of such maturities to be refunded and to cause to be called for optional redemption any such maturity or portion thereof to be redeemed prior to its stated maturity in accordance with the provisions of such bonds;provided such maturities or portions thereof selected are expected in the aggregate to provide a minimum savings of 3.0% on a net present value basis as determined by the Financial Advisor. In connection with the refunding herein authorized, the City Manager, if determined necessary or appropriate in consultation with the Financial Advisor, is authorized to retain the services of independent consultants to provide verification reports (the "Verification Agent") on aspects of the refunding and is further authorized to retain the services of one or more escrow agents(the"Escrow Agent")and to enter into escrow agreements with them to the extent needed to hold and provide for investment of all or portions of the proceeds of the Bonds and other funds as needed pending their application to refund the Prior Bonds or portions thereof selected to be refunded. 4. Redemption Provisions. (a) Optional Redemption. The Bonds shall be subject to redemption prior to maturity at the option of the City Manager, in whole or in part, at any time on and after dates, if any, determined by the City Manager, with the first such optional redemption date beginning no later than December 31, 2027_ as set forth in Section 2 at a redemption price equal to the principal amount to be redeemed, together with any interest accrued to the date fixed for redemption,plus a redemption premium, if any, not to exceed 2% of the principal amount to be redeemed, such redemption premium to be determined by the City Manager in consultation with the Financial Advisor. (b) Mandatory Sinking Fund Redemption. Any term bonds may be subject to mandatory sinking fund redemption upon terms determined by the City Manager. If so determined by the City Manager, the Bonds may provide that the City may take a credit against the mandatory sinking fund redemption obligation of any maturity of term Bonds in the amount of Bonds of the same maturity that have been optionally redeemed or surrendered for cancellation and have not been applied previously as such a credit. If the City wishes to take such a credit, on or before the 70th day next preceding any such mandatory sinking fund redemption date, the City's Director of Finance may instruct the Registrar to apply a credit against the City's mandatory sinking fund redemption obligation for any Bonds of the applicable maturity that have been optionally redeemed or surrendered for cancellation by the City and have not been previously applied as a credit against any mandatory sinking fund redemption obligation for that maturity of the Bonds. Each Bond so previously optionally redeemed or surrendered shall be credited at 100% of the principal amount thereof against the principal amount of such maturity of the Bonds required to be redeemed on such mandatory sinking fund redemption date or dates for such maturity as may 3 be selected by the Director of Finance. (c) Selection of Bonds for Redemption. If less than all of the Bonds are called for optional redemption, the maturities of the Bonds to be redeemed shall be selected by the City's Director of Finance in such manner as may be determined to be in the best interest of the City. If less than all of a particular maturity of the Bonds are called for redemption,the Bonds within such maturity to be redeemed shall be selected by the Securities Depository pursuant to its rules and procedures or,if the book-entry system is discontinued, shall be selected by the Registrar by lot in such manner as the Registrar in its discretion may determine. In either case, (a) the portion of any Bond to be redeemed shall be in the principal amount of$5,000 or some integral multiple thereof and (b) in selecting Bonds for redemption, each Bond shall be considered as representing that number of Bonds that is obtained by dividing the principal amount of such Bond by$5,000. (d) Redemption Notices. The City shall cause notice of the call for redemption identifying the Bonds or portions thereof to be redeemed to be sent by electronic transmission, facsimile transmission, registered or certified mail or overnight express delivery, not less than 30 nor more than 60 days prior to the redemption date,to the registered owner of the Bonds. The City shall not be responsible for providing notice of redemption to anyone other than DTC or another qualified Securities Depository or its nominee unless no qualified Securities Depository is the registered owner of the Bonds. If no qualified Securities Depository is the registered owner of the Bonds, notice of redemption shall be provided to the registered owners of the Bonds. If a portion of a Bond is called for redemption, a new Bond in principal amount equal to the unredeemed portion thereof will be issued to the registered owner upon the surrender thereof. 5. Execution and Authentication. The Bonds shall be signed by the manual or facsimile signature of the Mayor or Vice-Mayor,shall be countersigned by the manual or facsimile signature of the City Clerk or Deputy Clerk, and the City's seal shall be affixed thereto or a facsimile thereof printed thereon;provided, that if both of such signatures are facsimiles,no Bond shall be valid until it has been authenticated by the manual signature of the City Treasurer, as Registrar, or an authorized officer or employee of any bank or trust company serving as successor Registrar and the date of authentication noted thereon. 6. Bond Form. The Bonds shall be in substantially the form attached to this Resolution as Exhibit A, with such completions, omissions, insertions and changes not inconsistent with this Resolution as may be approved by the officers signing the Bonds, whose approval shall be evidenced conclusively by the execution and delivery of the Bonds. 7. Pledge of Full Faith and Credit. The full faith and credit of the City are irrevocably pledged for the payment of the principal of,premium,if any,and interest on the Bonds. Unless other funds are lawfully available and appropriated for timely payment of the Bonds, the City Council shall levy and collect an annual ad valorem tax, over and above all other taxes authorized or limited by law and without limitation as to rate or amount, on all locally taxable property in the City sufficient to pay when due the principal of, premium, if any, and interest on the Bonds. 8. Registration, Transfer and Owners of Bonds. The City Treasurer is appointed paying agent and registrar for the Bonds (the "Registrar"). The City may appoint a 4 qualified bank or trust company as successor paying agent and registrar of the Bonds.The Registrar shall maintain registration books for the registration and registration of transfers of the Bonds. Upon presentation and surrender of any Bonds at the office of the Registrar, or at its designated corporate trust office if the Registrar is a bank or trust company, together with an assignment duly executed by the registered owner or his duly authorized attorney or legal representative in such form as shall be satisfactory to the Registrar, the City shall execute, and the Registrar shall authenticate, if required by Section 5, and shall deliver in exchange, a new Bond or Bonds having an equal aggregate principal amount, in authorized denominations,of the same form and maturity, bearing interest at the same rate and registered in the name as requested by the then registered owner thereof or its duly authorized attorney or legal representative.Any such transfer or exchange shall be at the expense of the City, except that the Registrar may charge the person requesting such transfer or exchange the amount of any tax or other governmental charge required to be paid with respect thereto. The Registrar shall treat the registered owner as the person or entity exclusively entitled to payment of principal,premium, if any, and interest and the exercise of all other rights and powers of the owner, except that interest payments shall be made to the person or entity shown as owner on the registration books as of the Record Date. 9. Sale of Bonds. The City Council approves the following terms of the sale of the Bonds. The Bonds shall be sold by competitive bid in a principal amount to be determined by the City Manager, in collaboration with the Financial Advisor, and subject to the limitations set forth in Sections 1 through 3, and the City Manager shall receive bids for the Bonds and award the Bonds to the bidder providing the lowest "true" or "Canadian" interest cost, subject to the sale provisions and limitations set forth in Section 2.Following the sale of the Bonds,the City Manager shall file a certificate with the City Clerk setting forth the final terms of the Bonds. The actions of the City Manager in selling the Bonds shall be conclusive, and no further action with respect to the sale and issuance of the Bonds shall be necessary on the part of the City Council. 10. Notice of Sale; Bid Form. The City Manager, in collaboration with the Financial Advisor, is authorized and directed to take all proper steps to advertise the Bonds for sale substantially in accordance with the forms of the Official Notice of Sale and the Official Bid Form, which forms are attached as an Appendix to the draft of the Preliminary Official Statement described in Section II below, and which forms are approved;provided, that the City Manager, in collaboration with the Financial Advisor, may make such changes in the Official Notice of Sale and the Official Bid Form not inconsistent with this Resolution as he may consider to be in the best interest of the City. 11. Official Statement. A draft of a Preliminary Official Statement relating to the Bonds, a copy of which has been provided or made available to each member of the City Council, is approved as the form of the Preliminary Official Statement by which the Bonds will be offered for sale, with such completions, omissions, insertions and changes not inconsistent with this Resolution as the City Manager, in collaboration with the Financial Advisor, may consider appropriate. After the Bonds have been sold, the City Manager, in collaboration with the Financial Advisor, shall make such completions, omissions, insertions and changes in the Preliminary Official Statement not inconsistent with this Resolution as are necessary or desirable to complete it as a final Official Statement for the Bonds, execution thereof by the City Manager to constitute 5 conclusive evidence of his approval of any such completions, omissions, insertions and changes. The City shall arrange for the delivery to the purchaser of the Bonds of a reasonable number of copies of the final Official Statement by the earlier of seven business days after the Bonds have been sold or the date of issuance thereof, for delivery to each potential investor requesting a copy of the Official Statement and for delivery to each person to whom such purchaser initially sells Bonds. 12. Official Statement Deemed Final. The City Manager is authorized, on behalf of the City, to deem the Preliminary Official Statement and the Official Statement in final form for the Bonds, each to be final as of its date within the meaning of Rule 15c2-12 ("Rule 15c2-12") of the Securities and Exchange Commission(the"SEC"), except for the omission in the Preliminary Official Statement of certain pricing and other information permitted to be omitted pursuant to Rule 15c2-12.The distribution of the Preliminary Official Statement and the Official Statement in final form shall be conclusive evidence that each has been deemed final as of its date by the City, except for the omission in the Preliminary Official Statement of such pricing and other information permitted to be omitted pursuant to Rule 15c2-12. 13. Preparation and Delivery of Bonds. After bids have been received and the Bonds have been awarded to the winning bidder, the officers of the City are authorized and directed to take all proper steps to have the Bonds prepared and executed in accordance with their terms and to deliver the Bonds to the purchaser thereof upon payment therefor. 14. Arbitrage Covenants. The City covenants that it shall not take or omit to take any action the taking or omission of which will cause the Bonds to be "arbitrage bonds" within the meaning of Section 148 of the Internal Revenue Code of 1986, as amended, and regulations issued pursuant thereto (the "Code"), or otherwise cause interest on the Bonds to be includable in the gross income of the registered owners thereof under existing laws. Without limiting the generality of the foregoing, the City shall comply with any provision of law that may require the City at any time to rebate to the United States any part of the earnings derived from the investment of the gross proceeds of the Bonds, unless the City receives an opinion of nationally recognized bond counsel that such compliance is not required to prevent interest on the Bonds from being includable in the gross income of the registered owners thereof under existing law. The City shall pay any such required rebate from its legally available funds. 15. Non-Arbitrage Certificate and Elections. Such officers of the City as may be requested are authorized and directed to execute an appropriate certificate setting forth the reasonably expected use and investment of the proceeds of the Bonds in order to show that such reasonably expected use and investment will not violate the provisions of Section 148 of the Code, and any elections such officers deem desirable regarding rebate of earnings to the United States, for purposes of complying with Section 148 of the Code. Such certificate and elections shall be in such form as may be requested by bond counsel for the City. 16. Limitation on Private Use. The City covenants that it shall not permit the proceeds of the Bonds or the facilities financed or refinanced with the proceeds of the Bonds to be used in any manner that would result in(a)5%or more of such proceeds or of the facilities financed or refinanced with such proceeds being used in a trade or business carried on by any person other than a governmental unit, as provided in Section 141(b) of the Code, (b) 5% or more of such 6 proceeds or the facilities being financed with such proceeds being used with respect to any output facility(other than a facility for the famishing of water), within the meaning of Section 141(6)(4) of the Code,or(c)5%or more of such proceeds being used directly or indirectly to make or finance loans to any person other than a governmental unit, as provided in Section 141(c) of the Code; provided, that if the City receives an opinion of nationally recognized bond counsel that any such covenants need not be complied with to prevent the interest on the Bonds from being includable in the gross income for federal income tax purposes of the registered owners thereof under existing law, the City need not comply with such covenants. 17. Post-Issuance Compliance. The Post Issuance Compliance Procedures established as directed by resolution of the City Council adopted on March 13, 2012 will apply to the Bonds to ensure that the proceeds of the Bonds and the projects financed or refinanced with such proceeds are used in compliance with the provisions of federal tax law applicable to tax- exempt governmental obligations. 18. Continuing Disclosure Agreement. The Mayor, the City Manager and such officer or officers of the City as either may designate are hereby authorized and directed to execute and deliver a continuing disclosure agreement setting forth the reports and notices to be filed by the City and containing such covenants as may be necessary to assist the purchaser of the Bonds in complying with the provisions of Rule 15c2-12. Such continuing disclosure agreement shall be substantially in the form attached as an Appendix to the draft of the Preliminary Official Statement described in Section 11 above, which form is approved with such completions, omissions, insertions and changes that are not inconsistent with this Resolution. The Mayor,the City Manager and such other officers of the City as either may designate are further authorized to the extent necessary or appropriate to develop, implement or enhance procedures to ensure compliance with the City's undertakings related to Rule 15c2-12 for all obligations issued and to be issued by the City to which such Rule applies. 19. Other Actions. All other actions of officers of the City and of the City Council in conformity with the purposes and intent of this Resolution and in furtherance of the issuance and sale of the Bonds are hereby ratified, approved and confirmed. The officers of the City are authorized and directed to execute and deliver all certificates and instruments and to take all such further action as may be considered necessary or desirable in connection with the issuance, sale and delivery of the Bonds. 20. Investment Authorization. The City Council hereby authorizes the Director of Finance to direct the City Treasurer to utilize the State Non-Arbitrage Program of the Commonwealth of Virginia("SNAP")in connection with the investment of certain of the proceeds of the Bonds, if the City Manager and the Director of Finance determine that the utilization of SNAP is in the best interest of the City. The City Council acknowledges that the Treasury Board of the Commonwealth of Virginia is not, and shall not be, in any way liable to the City in connection with SNAP, except as otherwise provided in the SNAP Contract. 21. Repeal of Conflicting Resolutions. All resolutions or parts of resolutions in conflict herewith are repealed. 22. Effective Date. This Resolution shall take effect immediately. 7 Exhibit A Form of Bond 8 Exhibit A—Form of Bond Unless this certificate is presented by an authorized representative of The Depository Trust Company, a New York corporation ("DTC"),to the issuer or its agent for registration of transfer, exchange or payment, and this certificate is registered in the name of Cede & Co., or in such other name as is requested by an authorized representative of DTC (and any payment is made to Cede & Co. or to such other entity as is requested by an authorized representative of DTC), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof,Cede& Co.,has an interest herein. REGISTERED REGISTERED No. UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH General Obligation Public Improvement Refunding Bond Series 2017 INTEREST RATE MATURITY DATE DATED DATE CUSIP ,2017 REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: DOLLARS The City of Virginia Beach, Virginia (the "City"), for value received, promises to pay, upon surrender hereof to the registered owner hereof, or registered assigns or legal representative, the Principal Amount stated above on the Maturity Date stated above, subject to prior redemption as hereinafter provided, and promises to pay interest hereon from the Dated Date stated above on each and ,beginning 1,201_, at the annual Interest Rate stated above, calculated on the basis of a 360-day year of twelve 30-day months. Principal,premium, if any,and interest are payable in lawful money of the United States of America by the City Treasurer, who has been appointed Registrar(the`Registrar"). The City may appoint a qualified bank as successor paying agent and registrar for the bonds. Notwithstanding any other provision hereof, this bond is subject to a book-entry system maintained by The Depository Trust Company ("DTC"), and the payment of principal,premium, if any, and interest, the providing of notices and other matters shall be made as described in the City's Blanket Issuer Letter of Representations to DTC. This bond is one of an issue of $ General Obligation Public Improvement Refunding Bonds, Series 2017 (the "Bonds"), of like date and tenor, except as to number, denomination, rate of interest,privilege of redemption and maturity, and is issued pursuant to the Constitution and statutes of the Commonwealth of Virginia, including the City Charter and the Public Finance Act of 1991. The Bonds are being issued pursuant to a resolution adopted by the City Council on December , 2017 (the "Bond Resolution"), to refund portions of the City's General Obligation Bonds, Series 201 IA and 2012A and to pay costs of issuance of the Bonds. The Bonds maturing on or before ] , 20_], are not subject to optional redemption prior to maturity. The Bonds maturing on or after I , 20 ], are subject to redemption prior to maturity at the option of the City on or after [ , 20 ], in whole or in part at any time (in any multiple of$5,000), upon payment of the following redemption prices (expressed as a percentage of principal amount of the Bonds to be redeemed) plus interest accrued and unpaid to the date fixed for redemption: Period During Which Redeemed (Both Dates Inclusive) Redemption Price The Bonds maturing on ,20_, are required to be redeemed in part before maturity by the City on , 20 in the years and amounts set forth below, at a redemption price equal to 100% of the principal amount of the Bonds to be redeemed, plus interest accrued and unpaid to the date fixed for redemption: Year Amount Year Amount The Bond Resolution provides for a credit against the mandatory sinking fund redemption of the Bonds maturing on , 20 in the amount of Bonds of the same maturity that have been optionally redeemed or surrendered for cancellation and have not been applied previously as such a credit. If less than all of the Bonds are called for optional redemption,the maturities of the Bonds to be redeemed shall be selected by the City's Director of Finance in such manner as may be determined to be in the best interest of the City. If less than all the Bonds of a particular maturity are called for redemption, the Bonds within such maturity to be redeemed shall be selected by DTC or any successor securities depository pursuant to its rules and procedures or, if the book entry system is discontinued, shall be selected by the Registrar by lot in such manner as the Registrar in its discretion may determine In either case,(a)the portion of any Bond to be redeemed shall be in the principal amount of$5,000 or some integral multiple thereof and (b) in selecting Bonds for redemption, each Bond shall be considered as representing that number of Bonds that is obtained by dividing the principal amount of such Bond by$5,000. The City shall cause notice of the call for redemption identifying the Bonds or portions thereof to be redeemed to be sent by electronic transmission, facsimile transmission,registered or certified mail or overnight express delivery, not less than 30 nor more than 60 days prior to the A-2 redemption date, to DTC or its nominee as the registered owner hereof If a portion of this bond is called for redemption, a new Bond in the principal amount of the unredeemed portion hereof will be issued to the registered owner upon surrender hereof. The full faith and credit of the City are irrevocably pledged for the payment of principal of, premium, if any, and interest on this bond. Unless other funds are lawfully available and appropriated for timely payment of this bond, the City Council shall levy and collect an annual ad valorem tax, over and above all other taxes authorized or limited by law and without limitation as to rate or amount, on all taxable property within the City sufficient to pay when due the principal of,premium,if any, and interest on this bond. The Registrar shall treat the registered owner of this bond as the person or entity exclusively entitled to payment of principal of and interest on this bond and the exercise of all other rights and powers of the owner, except that interest payments shall be made to the person or entity shown as the owner on the registration books on the first day of the month preceding each interest payment date. In the event a date for the payment of principal, redemption price, or interest on this bond is not a business day, then payment of principal,redemption price, and interest on, this bond shall be made on the next succeeding day which is a business day, and if made on such next succeeding business day, no additional interest shall accrue for the period after such payment or redemption date. All acts, conditions and things required by the Constitution and statutes of the Commonwealth of Virginia to happen, exist or be performed precedent to and in the issuance of this bond have happened, exist and have been performed, and the issue of Bonds of which this bond is one, together with all other indebtedness of the City, is within every debt and other limit prescribed by the Constitution and statutes of the Commonwealth of Virginia. A-3 IN WITNESS WHEREOF, the City of Virginia Beach,Virginia,has caused this bond to be signed by its Mayor,to be countersigned by its Clerk, its seal to be affixed hereto,and this bond to be dated the Dated Date stated above. COUNTERSIGNED: (SEAL) Clerk, City of Virginia Beach, Virginia Mayor, City of Virginia Beach, Virginia A-4 ASSIGNMENT FOR VALUE RECEIVED the undersigned sell(s), assign(s) and transfer(s)unto: (Please print or type name and address, including postal zip code, of Transferee) PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF TRANSFEREE: • • • • • the within bond and all rights thereunder, hereby irrevocably constituting and appointing , Attorney, to transfer said bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated: Signature Guaranteed: NOTICE: Signature(s) must be (Signature of Registered Owner) guaranteed by an Eligible Guarantor Institution NOTICE: The signature above must such as a Commercial Bank, Trust Company, correspond with the name of the registered Securities Broker/Dealer, Credit Union or owner as it appears on the front of this bond in Savings Association who is a member of a every particular, without alteration or medallion program approved by The Securities enlargement or any change whatsoever. Transfer Association, Inc. A-5 Adopted by the City Council of the City of Virginia Beach, Virginia, this day of December, 2017. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL 9i IEFICIENCY: Finance Department Cit A .mey's Office CA14250 R-1 November 30, 2017 4830-7203-7206 I Itre Itis ;•: CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Approving an Employment Contract for the City Manager MEETING DATE: December 12, 2017 • Background: City Charter § 4.01 provides that City Council shall appoint a City Manager to be the executive and administrative head of the City. The City's practice is to enter into a written agreement to set forth the terms and conditions of the City Manager's employment. The City's original agreement with the current City Manager, David L. Hansen, began on January 26, 2016. The current contract expires on January 31, 2018. • Considerations: This ordinance approves an employment agreement between the City Manager and the City for two years, beginning on February 1, 2018, and ending on January 31, 2020. His compensation is not being increased, but the contract has been amended to reflect his current compensation, which was established by City Council in an ordinance adopted on June 6, 2017. The Managers current contract provides that the City will pay up to $2,684 annually in premiums on the Manager's behalf for long term care insurance; this new contract removes the provision regarding long term care and instead increases the amount the City contributes to his deferred compensation by the same amount ($2,684). • Public Information: This item will be advertised in the same manner as all other agenda items. • Attachments: Ordinance, Redlined Employment Agreement Requested by Vice-Mayor Jones 1 AN ORDINANCE APPROVING AN EMPLOYMENT 2 CONTRACT FOR THE CITY MANAGER 3 4 WHEREAS, the employment contract between the City and the City Manager 5 regarding his employment expires on January 31, 2018; and 6 7 WHEREAS, the parties desire to renew that contract, with certain amendments, 8 to January 31, 2020. 9 10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 11 VIRGINIA BEACH VIRGINIA: 12 13 That the employment contract between the City of Virginia Beach and the City 14 Manager, for the term of February 1, 2018 to January 31, 2020, attached hereto, is 15 approved, and the Mayor is authorized to execute the contract on behalf of the City. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2018. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA14247 R-2 November 27, 2017 EMPLOYMENT AGREEMENT This Agreement is entered into this day of , 20176 by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, hereinafter referred to as"City"and DAVID L. HANSEN, hereinafter referred to as"Employee." WITNESSETH WHEREAS, by agreement dated ens-January 26, 2016, the City Council-veted ppoint employed David L. Hansen as its City Manager for a term commencing January 26, 2016, and ending on January 31, 2018; WHEREAS, the City wishes to continue the employment of David L. Hansen as its City Manager, and he agrees to•accept such continued employment; and WHEREAS, the parties hereto desire to set forth herein the terms and conditions of such continued employment. NOW,THEREFORE, for and in consideration of the mutual covenants and obligations set forth herein and other good and valuable consideration, the parties hereto agree as follows: Article I—Duties (a) Employee shall perform the functions and duties of the position of City Manager in accordance with the provisions of the Charter of the City of Virginia Beach and all other applicable statutes and ordinances. (b) Employee shall perform such functions and duties in accordance with the policy and direction of the City Council. (c) Employee shall also perform any other legally permissible duties or functions as the City Council may deem appropriate to assign him at any time during the term hereof. 1 Article II—Term of Agreement (a) Except as otherwise provided herein, this Agreement shall commence January 2631, 20186, and end January 31, 202018. (b) Except as provided by Article III,below, during the term hereof, Employee agrees to remain in the exclusive employ of the City. (c) Nothing herein shall be deemed to limit in any way the authority of City Council to terminate the Employee at any time; provided, however that such termination shall be in accordance with the provisions of Article III,below. (d) Nothing herein shall be deemed to limit the right of Employee to voluntarily resign; provided,however,that such resignation shall be in accordance with Article III, below. Article III—Termination and Resignation: Severance Pay (a) In the event the Employee is terminated by the City before the expiration of the term of this Agreement,he shall receive as severance pay an amount equal to six (6)months of his base salary. All other benefits hereunder shall cease as of the date of termination. However, if Employee is terminated for misfeasance,malfeasance, or nonfeasance in office, all compensation by the City shall end as of the date of termination (b) If Employee voluntarily resigns, then all compensation and benefits shall cease as of the effective date of such resignation. Employee shall give the City ninety (90) days written notice of any such resignation; provided, however, it is expressly understood that City Council may, in its sole discretion waive any or all of this ninety(90)day notice requirement. (c) In the event the City, at any time during the employment of Employee, reduces the salary or other fringe benefits of Employee by a percentage greater than the percentage of any 2 across-the-board reduction for all City employees, or refuses to comply with any other provisions of the Agreement benefiting Employee,or in the event Employee resigns following the request of a majority of the members of City Council that he resign; then Employee may, at his option, be deemed to have been "terminated", and shall receive severance pay in accordance with Article III (a)of this Agreement. Article IV—Compensation City Council agrees to pay Employee for services rendered pursuant hereto an annual gross salary of Two Hundred Fifty—Sixty Three Thousand Six Hundred Eleven Dollars and forty cents ($263,611.40250,000), payable in installments at the same time and in the same manner as other City employees are paid. Such annual gross salary will be increased annually by ordinance in an amount no less than the average increase for all other City employees for the corresponding fiscal year unless Employee has received an unsatisfactory performance evaluation. In addition to the salary described above, the City agrees to contribute Tern-Twelve Thousand Six Hundred Eighty-Four Dollars ($10-,00012,684) per year as deferred compensation, for the benefit of Employee. This amount may be adjusted by City Council annually,by ordinance. This Agreement contemplates that the salary and benefits set forth herein may be adjusted by City Council annually,by ordinance. Article V—Automobile Allowance In lieu of supplying a City-owned vehicle for use by Employee in conducting City business, City agrees to pay Employee a car allowance as additional salary in the sum of One Thousand Dollars (1,000) per month and in addition, Employee shall be reimbursed for business mileage at 3 the same rate at which other City employees are reimbursed. In consideration thereof, Employee shall provide his own vehicle and shall be solely responsible for all fuel, maintenance, insurance, and other expenses related thereto. This allowance amount may be adjusted by City Council annually,by ordinance. Article VI—Fringe Benefits (a) In addition to the Compensation set forth in Article IV and the Automobile Allowance set forth in Article V, the City agrees to provide the same hospitalization and medical insurance coverage available to all City employees and to pay, on behalf of Employee, the total premium for family hospitalization and medical insurance, including vision and dental coverage as provided all other City employees. (b) Employee shall be entitled to receive fringe benefits including, but not limited to, annual leave,sick leave, life insurance,health insurance,dental insurance, and participation in the Virginia Retirement System, in accordance with existing City policies and ordinance to the same extent as other City employees. Nothing herein shall be constructed to prevent changes in the nature of such benefits to Employee should such benefits be subsequently altered for all other City employees. . . Y' . . ..• . • - . • . _. a - . .. .. ,:. .• 4 Article VII—Hours of Employment It is recognized that the nature of Employee's position requires flexible hours. Therefore, Employee in consideration of his compensation shall work whatever hours are necessary to satisfactorily perform the functions and duties of City Manager. Article VIII—Dues and Subscriptions City agrees to pay professional dues and subscriptions of Employee necessary for its membership and participation in national,regional,state, and local associations and organizations of a job-related nature and for travel and associated expenses of Employee to secure his attendance at professional meetings and conferences, as budgeted and approved by the City Council. Article IX—General Business Related Expenses Except as specifically provided in Articles V and VIII, the City agrees to reimburse Employee for job-related'expenditures in accordance with existing City policy. Article X—Other Terms and Conditions of Employment (a) The City agrees to evaluate the performance of Employ • . _ _ -• - __ _• at least once each year. All aspects of such evaluation shall be treated confidentially by the City and Employee, subject to the provisions of the Freedom of Information Act. (b) The City Council may at any time prescribe any other terms and conditions of employment related to Employee's performance as City Manager as it may deem necessary, 5 provided such terms and conditions are not inconsistent with the specific provisions of this Agreement. (c) City agrees to provide self-insurance coverage and legal counsel for Employee in matters relating to his official duties within the scope of his employment,as is provided to all other City employees. (d) All provisions of state or city law or policy relating to terms and conditions of municipal employment generally as they now exist or may hereafter be amended shall apply to Employee; provided however, that should any such law or policy be so changed as to be inconsistent with the terms hereof, this Agreement shall be deemed amended so as to comply with such law or policy. (e) The text herein shall constitute the entire Agreement between the parties and shall only be amended by a writing executed by both parties. (f) If any provision hereof shall be deemed unlawful, invalid, ultra vires,or otherwise unenforceable,the remainder of the Agreement shall be deemed severable and shall remain in full force and effect. (g) This Agreement supersedes any other agreement between the parties. IN WITNESS WHEREOF, the City of Virginia Beach has caused this Agreement to be executed on its behalf by its mayor in accordance with an ordinance of the City Council authorizing such execution, and Employee, David L. Hansen, has executed this Agreement,both the day and year first above written. CITY OF VIRGINIA BEACH BY Mayor 6 BY David L. Hansen 7 -f' ""',' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing and Directing the City Manager to Repay $5 Million to the Transportation District Commission of Hampton Roads MEETING DATE: December 12, 2017 • Background: In 2010, the City of Virginia Beach acquired the property formerly known as the "Norfolk Southern Railroad Right-of-Way". This property is a 10.57-mile corridor of land bounded on the west by the City's boundary with the City of Norfolk and running eastward to Birdneck Road. This property was purchased for the purpose of establishing a multi-modal transportation corridor for extension of the Norfolk Light Rail System. The funds used to purchase this property included a $20 million Transportation Partnership Opportunity Fund grant from the Commonwealth of Virginia as well as $5 million in federal funding from the Federal Transit Agency ("FTA"), through the local federal transit funding recipient, the Transportation District Commission of Hampton Roads, doing business as Hampton Roads Transit ("HRT"). Following the results of a voter referendum, Virginia Beach City Council opted to end existing efforts of developing and extending the Norfolk Light Rail System within the Norfolk Southern right-of-way corridor. On February 21, 2017, City Council adopted a resolution directing the City Manager to segregate revenues and appropriations for repayment of the State and Federal funds used to purchase the Norfolk Southern right-of-way. As a part of that resolution, the City Manager was directed to bring forward an ordinance seeking City Council's approval prior to the repayment of funds used to purchase the Right-of-Way. Repayment for the use of state funding was approved by City Council on March 21, 2017; however, repayment for the use of federal funding had yet to occur prior to the adoption of the FY 2017-18 Operating Budget and Capital Improvement Program. The City of Virginia Beach recently received a request seeking repayment of the $5 million in federal funding by HRT, a copy of that letter is attached hereto. • Considerations: The adopted FY 2017-18 Capital Improvement Program includes $5 million within CIP# 2-141, "Norfolk-Southern Right-of-Way Acquisition Refund," for the purpose of making this repayment. Approval of the attached resolution with authorize the City Manager to make this payment, and it honors the desire of Council that repayments require an ordinance adopted by the Council. The resolution also requires the City Manager to seek confirmation from the Federal Transit Administration that the federal interest in the Right-of-Way has been relinquished after the payment. As provided in the letter from HRT, the FTA has advised HRT that the reimbursement requested herein may be used by HRT fora qualifying grant project. HRT has previously communicated to the Council its need to address its aging bus fleet, and if the Council approves the reimbursement, HRT intends to use the funds to purchase buses in furtherance of achieving a fleetwide state of good repair. • Public Information: Normal City Council agenda process. • Attachments: Ordinance; November 2017 Letter from HRT; August 2017 Letter from the FTA. Recommended Action: Approval Submitting Department/Agency:a( City Manager's Office flit 44icCity Manager: _ �„(.2 1 AN ORDINANCE AUTHORIZING AND DIRECTING 2 THE CITY MANAGER TO REPAY$5 MILLION TO THE 3 TRANSPORTATION DISTRICT COMMISSION OF 4 HAMPTON ROADS 5 6 WHEREAS, the City is the owner in fee simple of a 10.57-mile corridor of land 7 bounded on the west by the City's boundary with the City of Norfolk and running eastward 8 to Birdneck Road, and it is generally known as the former Norfolk Southern railroad right- 9 of-way (the "Right-of-Way") (GPINs: 1467-13-1924, 1467-93-8993 and 2407-04-3244); 10 11 WHEREAS, the City purchased the Right-of-Way in 2010 from Norfolk Southern 12 Railway Company for purposes of establishing a multi-modal transportation corridor for 13 extension of the Norfolk Light Rail System, and the funds used to purchase the Right-of- 14 Way included $5 million contributed by the Transportation District Commission of 15 Hampton Roads ("HRT") with such funds originating from the Federal Transit 16 Administration ("FTA"); 17 18 WHEREAS, in February 2017, the Council adopted a resolution to segregate funds 19 to allow repayment of any obligations related to the purchase of the Right-of-Way; 20 21 WHEREAS, on November 16, 2017, the President and CEO of HRT sent a letter 22 to the City Manager wherein HRT requested repayment of the $5 million, and advised 23 that after repayment, the ETA will relinquish its interest in the Right-of-Way, and HRT will 24 apply the funds to its continuing effort to achieve a fleetwide state of good repair; 25 26 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA: 28 29 That the City Council hereby authorizes and directs the City Manager to transmit 30 to HRT $5 million upon receipt of written assurances, in a form acceptable to the City 31 Attorney, that(1)the federal interest in the Right-of-Way is relinquished; and (2) HRT will 32 use the funds for the acquisition of buses. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2017. APPROVED AS TO CONTENT: APPROVED AS TO FUNDING: zik L City Manager's Office Finance Department APPROVED AS TO LEGAL SUFFICIENCY: CityAttorney's Offi�e� CA14248/R-2/December 6, 2017 HAMPTON ROADS TRANSIT November 16,2017 VIA EMAS. ? .S.MA. Mr.David L Hans.• CityM 2401 • •1 ouse Drive V : nia Beach,Virginia,23456 RE: Disposition of the Federal Interest in the Norfolk Southern Right of Way (NSROW) as tie- Dear Mr nansen: The purpose of this letter is to advise the City of Virginia Beach(City)that Hampton Roads Transit(HRT)has been instructed by the Federal Transit Administration(FPA) to dispose of the Federal interest in the NSROW. As you know,the acquisition of the NSROW was jointly funded by the Commonwealth of Virginia(S20,000,000),the City($15,000,000)and HRT($5,000,000). The fiords contributed by HRT were from a Federal Regional Surface Transportation Program (STP)grant administered by the FPA and inclusive of the local match from the Commonwealth. By way of background, the ETA required the City to affirm that it would use the NSROW for a mass transit project before it would release the STP grant. All parties assumed that the project would be the extension of The Tide into Virginia Beach. Unfortunately,last November's light rail referendum effectively ended the expansion project. The FTA contacted HRT shortly after the result of the referendum and inquired about the City's future use of the NSROW. HRT informed the ETA that it understood the City and the Department of Rail and Public Transportation (DRPT) had been instructed by the Secretary of Transportation to study alternative mass transit projects for the NSROW. HRT understood that the findings from this study were to be provided to the Secretary sometime in May of 2017. Thereafter, HRT wrote to the City on December 19, 2016. HRT noted that it had been contacted by the FTA and requested clarification regarding how the City intended to use the NSROW for a future transit project. HRT advised that,"If the City, however.elects not to use the NSROW for mass transit, the City will need to make arrangements to promptly reimburse or otherwise satisfy the FTA as it relates to the Federal interest in the NSROW" On March 2, 2017, HRT facilitated a conference call between the FTA and the City regarding the NSROW. During this call, the City confinned that the light rail extension project would not be moving forward in light of the referendum result. Additionally,the City advised the FTA that it was not actively studying alternate public transit projects with DRPT for the NSROW. 34®Vino Ns Boulevard,Hampton,VA 23661•1500 Monticello Avenue,Norfolk,VA 23510 P:157-222.4000•Gohrt.tom 4111P. HAMPTON ROADS TRANSIT November 17, 2017 Page 2 On March 21,2017, the City's Council unanimously voted to return the Commonwealth's S20,000,000 contribution towards the acquisition of the NSROW. As a result of the foregoing and on April 11, 2017, the FTA informed HRT that it had determined that the NSROW "is no longer needed for the purpose for which it was acquired, and there is no active project that would utilize the NSROW." The FTA advised HRT to request disposition instructions for the Federal interest in the property. On June 29, 2017, HRT complied with the FTA directive. On August 23, 2017, the FTA provided HRT with written disposition instructions for the NSROW. The FTA advised that disposition requires the repayment of$4,000,000 to HRT; that is,reimbursement of only the Federal grant funds contributed towards the purchase of the NSROW rather than the proportional current value of the property. Full reimbursement to HAT totals $5,000,000 to include the local match. Once this amount is reimbursed to HRT,the Federal interest in the NSROW will be extinguished and the City will be able to use the property without limitation by the FTA. The FTA has advised HRT that the reimbursed funds may be used by HRT for a qualifying grant project rather than have the funds returned to the Federal General Fund. HRT intends to apply these funds to its continuing effort to achieve a fleetwide state of good repair. Failure to promptly dispose of the Federal interest in the NSROW, however, could result in future funding consequences to HAT. Please contact me at your earliest convenience to discuss reimbursement so HRT can advise FTA of our path forward. Thank you for your continued support. Should you have any questions or comments, please do not hesitate to give me a call. Sincerely, /William E, Harrell President & CEO Hampton Roads Transit Encl. 0 U.S.Deportment REGION III 1760 Market Street o1 Transportation Delaware, District of Suite 500 federal Transit Columbia, Maryland, Philadelphia, PA 19103-4124 Administration Pennsylvania,Virginia, 215-656-7100 West Virginia 215-656-7260(fax) August 23, 2017 Mr. William Harrell Chief Executive Officer Hampton Roads Transit 3400 Victoria Boulevard Hampton,Virginia 23661 Subject Hampton Roads Transit Disposition of Norfolk Southern Railroad Right of Way Dear Mr.Harrell: This letter is in response to your June 29, 2017 correspondence requesting disposition instructions for the Norfolk Southern Right of Way(NSROW).This disposition is being requested as the NSROW is no longer needed for the purpose for which it was intended,and there is no active project that will utilize the NSROW. The original intent of the NSROW was to extend Hampton Roads Transit(HRT)light rail service from Norfolk to Virginia Beach. On November 8,2016,the citizens of the City of Virginia Beach,by referendum, voted against extending the light rail line. The disposition of the Federal interest in the property will be the return of the Federal funds used to purchase the NSROW. HRT utilized$4,000,000 in Federal grant funds for the purchase of the NSROW through grant VA-95-X163-01. The repayment of the$4,000,000 will extinguish the Federal interest in the property. These funds should be returned in accordance with Federal Transit Administration(FTA)Circular 5010.1E,Chapter VI, Section 9(e)(3). As outlined in the Circular,the funds will be returned via www.pay.gov. These funds should be returned to FTA as expeditiously as possible. Please provide your timeline for reimbursement to FTA. Upon transmission,a copy of the transaction should be emailed to Transportation Program Specialist Karen Roscher at karen.roscher@dot.gov, If you have any questions,please do not hesitate to contact me at(215)656-7263 or by email at theresa.garciacrews@dot.gov Sincerely, • ferry Garcia Crews Regional Administrator 0 ,y CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute an Agreement between the City and Sister Cities Association of Virginia Beach, Inc. MEETING DATE: December 12, 2017 • Background: The Sister City concept was introduced by President Eisenhower in 1956 to foster greater friendships and understanding between the people of the United States and other nations through the medium of direct personal contact. The City has established Sister City relationships with the following localities: Moss, Norway; Miyazaki City, Japan; Ards and North Down Borough Council, Bangor, Northern Ireland; Olongapo, Philippines; and Waiblingen, Germany. These Sister City relationships promote international cooperation, friendships, and cultural and educational exchanges with economic and tourist development activities. For many years, the Mayor's Sister City Commission served as the City's Sister City organization, but in 2010, the commission was reorganized as the SCAVB, which subsequently qualified for federal tax exemption pursuant to Section 501(c)(3) of the Internal Revenue Code and is governed by a Board of Directors. The purpose of the SCAVB is to foster international understanding, friendship and cooperation through the forging of continuing relationships and the promotion of people-to-people exchanges between the City and its sister cities, and these purposes are exclusively educational and charitable. City Clerk Ruth Hodges Fraser has decades of experience administering and coordinating the City's Sister Cities activities and initiatives, and she has served as President of the SCAVB since its inception. She intends to retire as City Clerk as of December 31, 2017, and both the City and the SCAVB desire that she continue her work on behalf of the City's Sister Cities program. The SCAVB has indicated an intent to appoint Ms. Fraser as Executive Director of the SCAVB after her retirement from the City, and the City Council is willing to provide certain funding and amenities to support the SCAVB's charitable efforts, which benefit the City. • Considerations: The attached agreement memorializes the responsibilities and obligations of the City and the SCAVB with respect to the City's Sister Cities program. The agreement provides that the City will donate to SCAVB $1000 per month for the period beginning January 1, 2018. The City will provide the Executive Director with an office and office equipment as detailed in the agreement, and the City will continue to pay the City's annual dues to Sister Cities International. The City will also annually donate $9000 to SCAVB, which may be used by SCAVB to pay for travel and related expenses of non-City employees or officials, gifts to foreign dignitaries, or any other expense in furtherance of their charitable efforts. The SCAVB agrees to appoint Ms. Fraser as Executive Director and to pay her a monthly stipend of $1000 so long as she continues to serve as Executive Director and will also pay her travel expenses. The SCAVB will continue to solicit sponsorships and members and will ensure that the Executive Director coordinates all Sister City visits with the Mayor's Office. The SCAVB will also provide the City Council with an annual report of their activities. • Public Information: This item will be advertised in the same manner as all other agenda items. • Attachments: Ordinance, Agreement Requested by City Council 1 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO 2 EXECUTE AN AGREEMENT BETWEEN THE CITY AND 3 SISTER CITIES ASSOCIATION OF VIRIGNIA BEACH, INC. 4 5 WHEREAS, the Sister City concept was introduced by President Eisenhower in 6 1956 to foster greater friendships and understanding between the people of the United 7 States and other nations through the medium of direct personal contact; 8 9 WHEREAS, the City has established Sister City relationships with the following 10 localities: Moss, Norway; Miyazaki City, Japan; Ards and North Down Borough Council, 11 Bangor, Northern Ireland; Olongapo, Philippines; and Waiblingen, Germany; 12 13 WHEREAS, these Sister City relationships promote international cooperation, 14 friendships, and cultural and educational exchanges with economic and tourist 15 development activities; 16 17 WHEREAS, for many years, the Mayor's Sister City Commission served as the 18 City's Sister City organization, but in 2010, the commission was reorganized as the Sister 19 Cities Association of Virginia Beach ("SCAVB"), which subsequently qualified for federal 20 tax exemption pursuant to Section 501(c)(3) of the Internal Revenue Code and is 21 governed by a Board of Directors; 22 23 WHEREAS, the purpose of the SCAVB is to foster international understanding, 24 friendship and cooperation through the forging of continuing relationships and the 25 promotion of people-to-people exchanges between the City and its sister cities, and these 26 purposes are exclusively educational and charitable; 27 28 WHEREAS, City Clerk Ruth Hodges Fraser has decades of experience 29 administering and coordinating the City's Sister Cities activities and initiatives, and she 30 has served as President of the SCAVB since its inception; 31 32 WHEREAS, Ms. Fraser intends to retire as City Clerk as of December 31, 2017, 33 and both the City and the SCAVB desire that she continue her work on behalf of the City's 34 Sister Cities program; 35 36 WHEREAS, the SCAVB has indicated an intent to appoint Ms. Fraser as Executive 37 Director of the SCAVB after her retirement from the City and elect another person of their 38 choosing to serve as President of the SCAVB, and the City is willing to provide certain 39 funding and amenities as detailed below in the attached agreement to support the 40 SCAVB's charitable efforts, which benefit the City; and 41 42 WHEREAS, the City and the SCAVB wish to memorialize the responsibilities and 43 obligations of the City and the SCAVB with respect to the City's Sister Cities program. 44 45 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 46 VIRGINIA BEACH, VIRGINIA: 47 48 That the City Manager is hereby authorized to execute the Agreement between 49 the City and the Sister Cities Association of Virginia Beach, Inc., a copy of which is 50 attached hereto. 51 52 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 53 , 2017. APPROVED AS TO LEGAL SUFFICIENCY: x71 Deputy ifderick R. Ingram City Attorney's Office CA14252/R-1/December 5, 2017 MEMORANDUM OF UNDERSTANDING between the CITY OF VIRGINIA BEACH and the SISTER CITIES ASSOCIATION OF VIRGINIA BEACH, INC. This Memorandum of Understanding ("MOU"), executed this day of , 2017, is made by and between the City of Virginia Beach, a municipal corporation of the Commonwealth of Virginia ("City"), and the Sister Cities Association of Virginia Beach, Inc. ("SCAVB"), a non-profit Virginia non-stock corporation located in Virginia Beach, Virginia. RECITALS WHEREAS, the Sister City concept was introduced by President Eisenhower in 1956 to foster greater friendships and understanding between the people of the United States and other nations through the medium of direct personal contact; WHEREAS, the City has established Sister City relationships with the following localities: Moss, Norway; Miyazaki City, Japan; Ards and North Down Borough Council, Bangor, Northern Ireland; Olongapo, Philippines; and Waiblingen, Germany; WHEREAS,the City acknowledges the importance of Sister City relationships for the purpose of international understanding, friendships, cultural and educational exchanges with economic and tourist development activities; WHEREAS, for many years,the Mayor's Sister City Commission served as the City's Sister City organization, but in 2010, the commission was reorganized as the SCAVB, which subsequently qualified for federal tax exemption pursuant to Section 501(c)(3) of the Internal Revenue Code and is governed by a Board of Directors; WHEREAS, the purpose of the SCAVB is to foster international understanding, friendship and cooperation through the forging of continuing relationships and the promotion of people-to-people exchanges between the City and its sister cities, and these purposes are exclusively educational and charitable; WHEREAS, City Clerk Ruth Hodges Fraser has decades of experience administering and coordinating the City's Sister Cities activities and initiatives, and she has served as President of the SCAVB since its inception; WHEREAS, Ms. Fraser has informed the City of her intention to retire as City Clerk as of December 31, 2017, and both the City and the SCAVB desire that she continue her work on behalf of the City's Sister Cities program; WHEREAS, the SCAVB has indicated an intent to appoint Ms. Fraser as Executive Director of the SCAVB after her retirement from the City and elect another person of their choosing to serve as President of the SCAVB,and the City is willing to provide certain funding and amenities as detailed below in order to support the SCAVB's charitable efforts, which benefit the City; and WHEREAS, the City and the SCAVB wish to memorialize the responsibilities and obligations of the City and the SCAVB with respect to the City's Sister Cities program. AGREEMENT The City and the SCAVB, for and in consideration of their mutual efforts to support the City's Sister Cities program, agree as follows: 1. CITY OBLIGATIONS A. The City agrees to donate to the SCAVB $1,000.00 per month for the period beginning January 1, 2018. The City's first donation will be for the months of January through June, 2018; thereafter, donations will be made on an annual basis within 30 days after July 1 of each calendar year. B. The City will provide the Executive Director with a dedicated office with a landline phone, computer, printer with scan and copy features, a small conference table with chairs, and storage space in a building within the City's Municipal Center on Courthouse Drive. The City, through its City Manager, will have the sole discretion to determine the location of the office within the Municipal Center. C. Because the City—and not the SCAVB—is a member of Sister Cities International, the City will continue to pay the City's annual dues to Sister Cities International. D. The City shall procure and pay for all Sister City travel-related expenses for City elected officials,appointed officials or employees in accordance with the City's travel policies and procedures. E. In addition to the donation detailed in subsection A above, the City shall annually donate to SCAVB$9,000.00,which may be used by SCAVB to pay for travel and related expenses of non-City employees or officials, gifts to foreign dignitaries, or any other expense in furtherance of their charitable efforts. F. All of the City's financial obligations detailed above are subject to annual appropriations of adequate funding by future actions of future City Councils. 2 2. SCAVB OBLIGATIONS A. The SCAVB shall appoint Ms. Fraser as Executive Director of the SCAVB, beginning January 1,2018, and shall pay her a monthly stipend of$1,000.00 so long as she continues to serve as Executive Director. The SCAVB shall also arrange, procure and pay for all SCAVB-related travel expenses of the Executive Director. B. The SCAVB shall authorize the Executive Director to serve as Sister Cities International's state representative for the Commonwealth of Virginia when appointed to serve in that capacity by the Sister Cities International Board of Directors. C. The SCAVB shall continue to solicit SCAVB sponsorships and members and may assign that task to the Executive Director. D. The SCAVB shall ensure that the Executive Director coordinates all Sister Cities visits (to or from the City) with the Mayor's office and timely informs the City of any anticipated travel by City officials, appointees or employees so City staff may obtain and pay for such travel as provided for in subsection 1.D. above. E. The SCAVB shall ensure that the Executive Director provides the City Council with an annual report of the SCAVB's activities. 3. ADDITIONAL PROVISIONS A. It is understood and agreed between the City and the SCAVB that the City shall be bound and obligated hereunder only to the extent that the funds shall have been appropriated and budgeted for the purpose of this MOU. In the event funds are not appropriated and budgeted in any fiscal year for City financial contributions due to the SCAVB under this MOU, the City shall immediately notify the SCAVB of such occurrence, and this MOU shall terminate on the last day of the fiscal year for which appropriations were received without penalty or expense to the City of any kind whatsoever. B. In the performance of this MOU, both the City and the SCAVB will be acting in an individual capacity and not as agents, employees, partners or joint venturers or associates of one another. The agents or employees of one shall not be construed to be the agents or employees of the other. C. Neither the City nor its agents, volunteers, servants, employees or officials shall be responsible or liable for any claim or suit arising from contracts, agreements, understandings or arrangements made by the SCAVB with any person or entity covering services or goods procured by the SCAVB, or for the negligent or willful acts of the SCAVB. 3 D. The initial term of this MOU shall be for five years and six months, effective January 1, 2018 through June 1,2023, subject to the right of either party to terminate this MOU at any time by giving the other party at least ninety (90) days written notice, in advance, of its intent to terminate. In the absence of such termination, upon the expiration of the initial term and upon the expiration of each successive term thereafter, this MOU shall automatically extend for five-year terms. E. The parties agree that if there is a dispute as to any provision of this MOU or if either party materially breaches or fails to perform its obligations under this MOU,the other party may give notice in writing of the dispute or material breach. The parties agree to meet to resolve the dispute or material breach within thirty (30) days of receipt of the notice. F. Any notice or notices required or permitted to be given pursuant to this MOU shall be given by certified mail,postage prepaid, return receipt required, as follows: To the City: Virginia Beach City Manager 2401 Courthouse Drive Municipal Center, Building I Virginia Beach, VA 23456 To the SCAVB: President Sister Cities Association of Virginia Beach 2408 Courthouse Drive Room 138 Municipal Center, Building 21 Virginia Beach, VA 23456 G. This MOU shall be deemed to be a Virginia contract and shall be governed as to all matters whether of validity, interpretations, obligations, performance or otherwise exclusively by the law of the Commonwealth of Virginia, and all question arising with respect thereto shall be determined in accordance with such laws. Regardless of where actually delivered and accepted,this MOU shall be deemed to have been delivered and accepted by the parties in the Commonwealth of Virginia. The VBASC shall comply with all federal, state and local statues, ordinances, and regulations now in effect or thereafter adopted, in the performance of its obligations set forth herein. Any and all suits for any claims or for any and every breach of dispute arising out of this MOU shall be maintained in the appropriate court of competent jurisdiction in the City of Virginia Beach. H. Any provision of this MOU which is prohibited or unenforceable shall be ineffective only to the extent of such prohibition or unenforceability without invalidating the remaining provisions thereof 4 I. The parties agree that this writing constitutes the entire agreement of the parties and that there may be no modification to this MOU, except in writing, executed by the authorized representatives of the City, upon City Council concurrence, and the SCAVB. J. Neither party shall,without the prior written consent of the other party,assign,delegate,or otherwise transfer, in whole or in part, this Agreement or any rights or obligations arising hereunder. K. The SCAVB does not currently, and shall not during the performance of this Agreement, knowingly employ an unauthorized alien, as defined in the federal Immigration Reform and Control Act of 1986. L. The City does not discriminate against faith-based organizations. As evidenced by their agreement to the terms and conditions set forth herein, the parties affix their authorized signatures hereto: CITY OF VIRGINIA BEACH SISTER CITIES ASSOCIATION OF VIRGINIA BEACH By By City Manager David L. Hansen (Name) SCAVB President Approved as to Risk Management: Approved as to Legal Sufficiency: Risk Manager City Attorney's Office 5 Sl�•i ,l,' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Authorize a Temporary Encroachment into a Portion of City Property Known as Bluegill Inlet located at the rear of 2797 Sandpiper Road MEETING DATE: December 12, 2017 • Background: Peter S. Williams & Suzanne M. Williams, (the "Applicants") have requested permission to construct and maintain a proposed 8' x 20' dock (the "Encroachment") adjacent to their property located at 2797 Sandpiper Road. The Encroachment would extend 8' into the City's property known as Bluegill Inlet. • Considerations: City staff has reviewed the requested Encroachment and has recommended approval of same, subject to certain conditions outlined in the Agreement. There are similar encroachments in Bluegill Inlet, which is where the Applicants have requested to encroach. There is a second dock not owned by the Applicants shown on Exhibit "A" (attached) to the Agreement. There were no permits issued through Waterfront Operations, nor did Council approve the second dock encroachment and its ownership is unknown. • Public Information: Advertisement of the City Council Agenda. • Alternatives: Deny the Encroachment or add conditions as desired by Council. • Recommendations: Approve the request subject to the terms and conditions of the Agreement. • Attachments: Pictures, Location Map, Disclosure Statement, Agreement, Ordinance and Plat. Recommended Action: Approval of the ordinance. Submitting De• . me. Agency: Public Works/Real Estate `� PRD City Manager: ! V 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE A 4 TEMPORARY ENCROACHMENT 5 INTO A PORTION OF CITY 6 PROPERTY KNOWN AS BLUEGILL 7 INLET LOCATED AT THE REAR OF 8 2797 SANDPIPER ROAD 9 10 WHEREAS, Peter S. Williams and Suzanne M. Williams have requested 11 permission to construct and maintain a proposed 8' x 20' dock (the "Encroachment") 12 adjacent to their property located at 2797 Sandpiper Road (GPIN: 2433-26-7778). The 13 Encroachment would extend 8' into the City's property known as Bluegill Inlet(GPIN: 2433- 14 27-3415); and 15 16 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 17 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 18 the City's property subject to such terms and conditions as Council may prescribe. 19 20 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 21 OF VIRGINIA BEACH, VIRGINIA: 22 23 That pursuant to the authority and to the extent thereof contained in§§ 15.2- 24 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Peter S. Williams and Suzanne 25 M. Williams, their heirs, assigns and successors in title are authorized to construct and 26 maintain a 8' x 20' dock in the City's property known as Bluegill Inlet as shown on the map 27 entitled: "EXHIBIT "A" ENCROACHMENT REQUEST FOR: PETER S. & SUZANNE M. 28 WILLIAMS LOT 67, SECTION 2, TRACT B SANDBRIDGE BEACH MB. 38 p.53,GP 2433- 29 26-7778 REVISED 8-11-2017" prepared by Sigma Environmental Services, Inc., dated 30 June 16, 2017 and revised thru August 11, 2017, a copy of which is attached hereto as 31 Exhibit"A" and on file in the Department of Public Works, to which reference is made for a 32 more particular description; 33 34 BE IT FURTHER ORDAINED, that the Encroachment is expressly subject to 35 those terms, conditions and criteria contained in the Agreement between the City of 36 Virginia Beach and Peter S. Williams and Suzanne M. Williams (the "Agreement"), an 37 unexecuted copy of which has been presented to the Council in its agenda, and will be 38 recorded, after execution, among the records of the Clerk's Office of the Circuit Court of 39 the City of Virginia Beach; 40 41 BE IT FURTHER ORDAINED, that the City Manager or his authorized 42 designee is hereby authorized to execute the Agreement; and 1 43 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until 44 such time as Peter S. Williams and Suzanne M. Williams and the City Manager or his 45 authorized designee execute the Agreement. 46 47 Adopted by the Council of the City of Virginia Beach, Virginia, on the 48 day of , 2017. CA14001 R-1 PREPARED: 11/29/17 \\vbgov.com\dfs1\applications\citylawprod\cycom32\wpdocs\d028\p025\00388362.doc APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: PUBLIC WORKS, REAL ESTA i • ' r. ARMEYER SENIOR CITY ATTORNEY 2 PLAN VIEW BLUEGILL INLET SCALE: 1" = 30' } FLOOD MSC—. c EBB S —. WATERWAY WIDTH MHW-MHW PARCEL A APPROX.74' CITY OF VIRGINIA BEACH IN.20070522000686140 2433-27-3415 i PROPOSED 8'X 20'DOCK • ..Q_ MHW 1 3 4 2 A10' N10°B W' W 5500' oA_ N 1048 'W 6500' - s 10'08 00' E 00 PROPOSED 55 BULKHEAD WITH TWO(2)5 RETURNS WOOD FENCE TIE DOWNS A-1 616 •�• MATERIAL SPECIFICATIONS: A-2 53'10" CCA 25#PCF A-3 - - IMLPA6) A-4 63'11" PILINGS:CCA 2.54/PCF B-1 16'6" 10 p DECK (MLP-88) B-2 41'0" 6 HARDWARE:HOT DIPPED pu B-3 13'6" GALVENIZED(ASTM=A163) B-4 MATERIAL SCHEDULE: 2-STORY PILES.8"DIA.MINIMUM. SFR 5'3'0/C JOISTS.2'X8" GIRDERS.2"X 8' ___ DECKING'.T X 6" 10'X 40'UTILITY EASEMENT "PARCEL2" LOT68 BRUCE D.JETTE GRAVEL DRIVEWAY ROBERT HOBBS IN.20081204001803630 IN,2008020211000149510 2433-26-8608 2433-26-7844 sloae ovE eo oo 90'TO TUNA LANE SANDPIPER ROAD (60'R/VV) SIGMA EN IROAFTAL SERVICES, INC. SANDBRIDGE1513ROAD VIRGINIA BEACH,VIRGINIA 23456 05])61599]4 EXHIBIT"A" PROJECT: BULKHEAD.MARGINAL ENCROACHMENT REQUEST WHARF FOR:PETERS.8 SUZANNE M.WILLIAMS WATERWAY:BLUEGILL INLET LOT 67,SECTION 2.TRACT B SANDBRIDGE BEACH DATUM: 0.00'MLW=-0.4' 1929 NVGD MB.38 P.53, GP 2433-26-7778 REVISED:8-11-2017 DATE: JUNE 16.2017 SHEET 2 DE.3. n w+e s SITE 11\ 2433-27-3415 N v2 -o CEPS G��S 2433-26-7778 .73 2797 �O • 2799 -uNP0N LOCATION MAP PETER AND SUZANNE WILLIAMS ENCROACHMENT REQUEST Legend FOR City Properties 2797 SANDPIPER ROAD GPIN 2433-26-7778 Note: This property is located Feet in AICUZ Noise Zone<65 dB 0 50 100 200 :repared oy P W/Eng/Eng Suppor Servr."es Bureau 11/250017 \>rolectsA les AGE NDA MAPSISanopiper Re2433-26-7778\2433"2677(8 mxd Encroachment Request — Peter S. Williams & Suzanne Williams Rear of 2797 Sandpiper Road , 1 Q /j ` � ' f k ! ` '• ' , , ` ( )ib Z r%'''..,'•-,1" w. a a I ` _fir •3. :i• -1 A r fib. / \ - / /- - R'-� 'qtr _ !/ 3r �,\may \ 4 ','i°10 ,_ 'F-rti(ra Gtr! F; �:; �� ., �� '� tj ,, r'F - 1 ' ! , � �,• fir. . / ' Pier Encroachment into City Property at Rear of 2797 & 2799 Sandpiper Road — Ownership is Unknown riv, , \I , „ .J, fin, <t, .YY.i..�.. 4 ?, .t \ .., �, ., „ ; 1'_ r!, .I r / ,� n . C'r -. \. r ! y f Virginia Beach APPLICANTS NAME 'Emit dors q,mS, SI{24-iv vE 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 e 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. • F SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must be updated two O)weeks prior to any Page I of Planning Commission and City Council meeting that pertains to the appllotlon(s). Q APPLICANT NOTIFIED OF HEARING DA1 E: ▪ NO CHANGES AS OF DAT[: 12/01 fa Pet Cie" REVISIONS SIMMERED DATE e. B Virginia Beach Check here If the APPLICANT l5 NOT a corporation, partnership, firm, business,or other unincorporated organization. 0 Check 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 I or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for Information pertaining to footnotes] and 2 a SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Aoolicant. fis, Check here if the PROPERTY OWNFR IS NOTa 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 THFN complete the following. (A) List the Property Owner's If an LLC,list the member's names:___ Page 2 of Virginia Beach If a Corporation, list the names ofall officers,directors, members,trustees, etc. below: (Attach list If necessary) (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 'Parent-subsidiary relationship' means a relationship that exists when one corporation directly or Indirectly owns shares possessing more than 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)ane 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. • a SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided In connection with the subiect 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 APPLICANT v YES I NO SERVICE PROVIDER(use additional sheets if needed) ❑ t. Accounting and/or preparer of your tax return ❑ ® Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than ❑ s. the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed ❑ Et purchaser of the subject property (identity purchaser(s)and purchaser's service providers) ❑ 1, Construction Contractors • ❑ Engineers/Surveyors/Agents etI tia4eNVipk'lµaa dt.— Financing(Include current ❑ ' mortgage holders and lenders selected or being considered to provide financing for acquisition na�� or construction of the property) ❑ WI Legal Services Real Estate Brokers/ ❑ ® Agents/Realtors for current and anticipated future sales of the subject property 4 e 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 IS 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 lB Virginia Beach cFRTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this A motion. S KRikin'— kin' Loa-LI47.6 GAT 7/7 A CANT'S SIGNATURE PRINT NAME DATE Page 5 of OWNER Virginia YES INO I SERVICE PROVIDER(use additional sheer:II needed) ❑ pil Accounting and/or preparer of �T your tax return ❑ 21 Architect/Landscape Architect/ Land Planner Contract Purchaser(jf other than ❑ gl the Aoolirant)-Identify purchaser and purchaser's service providers Any other pending or proposed ❑ fs1 purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ❑ a Construction Contractors [f ❑ Engineers/Surveyors/Agents SiOYcn- eeUlAmtaatEN?IN- Financing(include current ❑ s mortgage holders and lenders selected or being considered to provide flnandng for acquisition or construction of the property) ❑ Legal Services Real Estate Brokers/ ❑ a Agents/Realtors for current and anticipated future sales of the subject property a SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE • YES NO Does an official or employee of the City of Virginia Beach have an interest In the subject land or any proposed development CI 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 'B Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Farm is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Ali<atio RTY OET2 x�uXa S � t nWNFA'S SIGNATURE PRINT NAME p TE Page 7 of 7 PREPARED BY VIRGINIA BEACH CITY ATTORNEYS OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 56.1-811(C)(4) THIS AGREEMENT, made this /6 day of /*V nE — , 2017, by and between the CITY OF VIRGINIA BEACH. VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and Peter S. WILLIAMS & Suzanne M. WILLIAMS, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lot 67A", as shown on that certain plat entitled: RESUBDIVISION OF LOT 67 TRACT B SECTION 2 SANDBRIDGE BEACH (MB. 38, P. 53) AND PORTION OF 10' STRIP REVISED PLAT OF SANDBRIDGE SHORES SECTION 1A NORTH AREA (MB 78, P. 50) VIRGINIA BEACH, VIRGINIA" dated 20 November 2016, prepared by Bonifant Land Surveys, Inc. and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Instrument No. 20170404000275540 and being further designated, known, and described as 2797 Sandpiper Road, Virginia Beach, Virginia 23456; WHEREAS, it is proposed by the Grantee to construct and maintain a proposed 8' x 20' dock, the "Temporary Encroachment", in the City of Virginia Beach; and GPIN: 2433-273415 City Property— 352 Tuna Lane known as Bluegill Inlet GPIN: 2433-26-7778 (Former GPIN: 2433-26-7766 & 2433-26-6799)— 2797 Sandpiper Road WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as Bluegill Inlet the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT "A" ENCROACHMENT REQUEST FOR: PETER S. & SUZANNE M. WILLIAMS LOT 67, SECTION 2, TRACT B SANDBRIDGE BEACH MB.38 P.53, GP 2433-26-7778 REVISED: 8-11-2017", dated June 16, 2017, revised thru August 11, 2017, and prepared by SIGMA ENVIRONMENTAL SERVICES, INC., a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. 2 It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. Specifically excluded from the permission provided herein is the second dock not owned by the applicants shown on the above-referenced Exhibit. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00, combined single limits if such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the 7 insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Peter S. Williams & Suzanne M. Williams, the said Grantees, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk 4 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2017, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2017, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: By ,may Pe...dr S. Williams, Owner By 1 Suzan . Williams, Owner STATE OF FioR'd2 CITY/COUNTY OFf%,Jel /as , to-wit: The foregoing instrument was acknowledged before me this It. day of ./o V.e in be r , 2017, by Peter S. Williams. a> A 24 L) Notary PublicE),Sh 2 is„,„be Elisabeth R. Lambert Notary Registration Number: FP 90 OSI se°`°. Notary Public State of Florida My Commission Expires: $i894y ,, % � My Commission Expires 8/29/19 Commission No. FF 905051 STATE OF Flozkla CITY/COUNTY OF P;Nr-I 195 , to-wit: The foregoing instrument was acknowledged before me this Ito day of 440%,bt , 2017, by Suzanne M. Williams. a)e .� EAL) Notary•Public LG-nbcr< �1i.4Ae Notary Registration Number: F `10 c2:15 / Elisabeth R. Lambert "`,„< Notary Public c,I My Commission Expires: �l Z-9jt y 6 State of Florida �.,,nd�My Commission Expires 8/29/19 Commission No. FF 905051 A APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM r 1_ s . . Js SI NATURE • •v' tH r YER, SENI• - CITY ATTORNEY 113ti- I�l DATE PUBLIC WORKS / REAL ESTATE DEPARTMENT/ DIVISION 7 PLAN VIEW BLUEGILL INLET SCALE: 1"= 30' t 4 FLOOD EBB WATERWAY WIDTH MHW-MHW PARCEL A APPROX.74' CITY OF VIRGINIA BEACH I IN.20070522000686140 • 2433-27-3415 1 PROPOSED 8'X20•DOCK ` "di __._ 1 - ' . IIID IIIIIIMHw 8l0r T, 3 4 III Nur SSLIY 1 A B} N 10'WOO'W 65.00 S10'48'00'€ UO' 1101 PROPOSED 5&BULKHEAD WITH TWO(2)5'RETURNS 4—WOOD FENCE TIE DOWNS A-1 6 10' 9MATERIAL SPECWICA110NS: A-2 53'10' FRAMING:CCA 25%PCF A-3 24'6' ____ (MLP-08) A-4 43'1V 3 FILINGS:CCA 2.5S PCF 8-2 11'6' A iCOX 8-2 41'0' S HARDWARE:HOT DIPPED B-3 1T 6' A A, GALVENIZED(ASTM=A153) B-4 31'7 m % MATERIAL SCHEDULE: 2-STORY PILES:W DIA MINIMUM. S'T'OIC SFR JOISTS:WX 6' GIRDERS:I X 6' DECKING:2'X6' 10'X 40'UTILITY EASEMENT 111•3, PARCEL T y LOT 68 BRUCE D.JETTE r GRAVEL DRIVEWAY ROBERT HOBBS IN.20081204001803630 IN.2008020211000149510 2433-26-8608 \ 24X126-7R44 e S 10'48'OWE 80.00 90'TO TUNA LANE A SANDPIPER ROAD (60'RAN) E SIGMA ENVIRONMENTAL SERVICES, INC. 1513 SANDBRIDGE ROAD VIRGINW BEACH.VIRGINIA 23456 (75716159974 EXHIBIT"A" PROJECT: BULKHEAD,MARGINAL ENCROACHMENT REQUEST WHARF FOR:PETER S.&SUZANNE M.WILLIAMS WATERWAY:BLUEGILL INLET LOT 67,SECTION 2,TRACT B DATUM: 000•MLW=-0.4'1929 NVGD IDLE BEACH MB.38 MB.38 P.53, GP 2433-26-7778 REVISED:841-2017 DATE: JUNE 16.2017 SHEET 2 OF 3 S. PLANNING 1. SPENCE CROSSING PROPERTIES, LC at Princess Anne Road and South Independence Boulevard for: a. Conditional Change of Zoning from Conditional B-4 Mixed Use to Conditional PD-H2 (A- 12)Apartment b. Modification of Proffers re removal of a Deed restriction(Approved May 27, 2014) (Deferred December 5, 2017) DISTRICT 1 —CENTERVILLE RECOMMENDATION: APPROVAL 2. BONNEY ROAD VB, LLC a. Closure of a portion of Avenue"H" adjacent to 3825 Bonney Road b. Modification of Conditions re a motor vehicle sales and auto repair at 3825 Bonney Road (Approved October 18, 2016) DISTRICT 5—LYNNHAVEN RECOMMENDATION: APPROVAL 3. CITY OF VIRGINIA BEACH, DEPARTMENT OF AQUARIUMS and MUSEUMS for a Major Entertainment Venue Signage Permit at 717 General Booth Boulevard and 928 South Birdneck Road DISTRICT 6— BEACH RECOMMENDATION: APPROVAL 4. CITY OF VIRGINIA BEACH: a. Ordinance to ADOPT and INCORPORATE the `Interfacility Traffic Area and Vicinity Master Plan," dated September 2017, into the 2016 Virginia Beach Comprehensive Plan b. Ordinance to AMEND and REVISE the following Sections of the Policy document of the 2016 Virginia Beach Comprehensive Plan: Planned Land Use Map (pertaining to Special Economic Growth Areas); Section 1.4 (Princess Anne and Transition Area); Section 1.6 (Military Installations and Support); and Section 2.4 (Economic Vitality) c. Ordinances to AMEND City Zoning Ordinance(CZO): 1. Sections 11I and 501 re deletion of the definition of Servants Quarters and ADD the definition for Limited Use Accessory Dwelling 2. Sections 801, 901 and 2203 re Business and Vocational Schools in the Office,Buisness and the Central Business Core Districts. RECOMMENDATION: APPROVAL NOTICE OF PUMICE HEARING The regular meeting of the City'Council of the City of Virginia Beach win he held in the Council chamber of the City Hall Building.Municipal Center.Virginia Beech, Virginia,on Tuela%Dezember 12.2017 at 6:00 D.me at which tmethe following epplicahons yell he heart: all ew NNdNIA WI - M Ordinance to Nnend Sections 9-3 and 9-4 and to Mt Section 910 of the City Code Pertaining to Creative Markets and Creative Merchants in the Creative Districts. DISTRICT 5-LYNNHAVEN Bonney Road VB,1LC heel Closure&ModHce on t rsr,4l1 (Motor Vehicle Sales and Automobile Repair Garage)3825 Bonney Road&Avenue"18 unimproved. south side of Bonney Road(GPIN 1457330781) DISTRICT 6-BEACH City of Virginia Beach.Dept.of Aquariums&Museums MAnr Enn en t Venue S Permit 717 General Booth Boulevard & 928 5, BirOneck Road (GPINs 2416987653 2416758858) CIT\' ENBGIMA BFMH-M Ordinance 10 Adopt and incorporate the Linterfacnhy Traffic Area and Vicinity Master Plan,dated September 2017.inter the Virginia Beach Comprehensive Plan 2016.and to Amend and Revise the followingSections of the Policy Document of me Virginia Beach Comprehensive Plan 2016:Planned Land Use Map(pertaining to Special Economic Growth Meas);Section 1.4(Princess Anne&Transition Area): Section 1.6 (Military Installations and Support): and Section 2.4(Economic Vialit)l- L TY Cf NRGINIA E9Q11 - An Ordinance to Amend Sections 111 and 501 of the City Zoning Ordinance pertaining to the Deletion of the Definition of Servants Quarters and the Addition Of the Definition for Limited Use Accessory Dwelling Unit OECD!NRG MA BFM11 - An Ordinance to Amend Sections 801, 901, and 2203 Of the City Zoning Ordinance Pertaining to Business and Vocational Schools in the Office, Bulsness and the Cen al Business Core Districts. All interested parties are invited to attend. Ruth Hod 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 Luse.21'wwvSLc'h UiI•JL • 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 3855303: Hearing impaired call 711(Vlrgnla Relay-Telephone Device for the Deaf). BEACON: NOVEMBER 26,2017&DECEMBER 3.2017 -'LIME EACH. -42- Item -V-L6a/b PLANNING ITEM#63844 Upon motion by Councilman Dyer. . seconded by Council Lady Wilson, City Council, APPROVED/PROFFERED, BY CONSENT,Applications of VIRGINIA BEACH IL AL INVESTORS, LLC/CITY OF VIRGINIA BEACH at South Independence Boulevard and Princess Anne Road DISTRICT 1—CENTERVILLE a. Modification of Proffers of a Change of Zoning(approved on February 8, 2011) b. Conditional Use Permit re senior and disabled housing BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Applications of VIRGINIA BEACH IL AL INVESTORS, LLC/CITY OF VIRGINIA BEACH at South Independence Boulevard and Princess Anne Road (GPIN 1485169065) DISTRICT 1 —CENTERVILLE a. Modification of Proffers of a Change of Zoning(approved on February 8, 2011) An Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court. b. Conditional Use Permit re senior and disabled housing The following conditions shall be required: 1. With the exception of any modifications required by any of these conditions or as a result of development Site Plan review, the site shall be developed substantially in conformance with the Concept Plan entitled "The Crossings At Princess Anne" (the "Concept Plan') prepared by Willmark Engineering, PCL dated January 2014, which Concept Plan has been exhibited to the City Council and is on file in the Department of Planning. 2. The Conditional Use Permit shall be limited to 180-bed facility. 3. The use of chain link fencing shall be prohibited. 4. The applicant shall work with the Development Services Center's Landscape Architect to develop a Landscape Plan with acceptable shrub and tree species strategically located within the required twenty (20)foot wide buffer along the northern property line to ensure the long-term visibility of the Green Run Home Association's adjacent open spaces. This Ordinance shall be effective in accordance with Section 107(1)of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twenty-Seventh day of May, Two Thousand Fourteen -43- Item-V-J.6a/b PLANNING ITEM#63844(Continued) Voting: 9-0 Council Members Voting Aye: Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Brad Martin, John D. Moss, Amelia N. Ross- Hammond, John E. Uhrin and Rosemary Wilson Council Members Voting Nay: None Council Members Absent: Mayor William D. Sessoms,Jr. James L. Wood NSY / / / Cili '-.Z12-.31113,.......... 1/4 , Tim , / . 03 Pn: ...... . ,,,, -. / ,/ ' elk 0 ,-: it _ s, , r El. '�- , ' / ; n. , i ---N it :?inTIANN-,,:.NAIP/4:t * Vi) #-. ... - 0 i "I i Air 41 \\NN:N,$),,::, . -_,\AT% _ g 0 , , , Ntt,0 . - , ifi 0 4\ _... . _ sob' -cE 665 ---\TSw ' r anti c -a , 0 j a,,, , 4 w -,, / .•'' ,s ,,,,,. ... , CP ,OC "N-, 41v hi - ji / '' 1 I LIM IF/ 2 • c.r\ in \ 00 I: T.77,;,41111111111 ''''' in NiC # a % , Alp/ 1 4/i.i iiifr \Wit Lf) ‘i. . -Apo Joined „,v, , rii/ i t„. ' `C 444Jit \NI Eke; * :'‘)1 N ' k 19- • I. CO W O , ' p f i . .17 1 �.1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: SPENCE CROSSING PROPERTIES, LC [Applicant & Property Owner] Modification of Proffers (approved by City Council in 2007) & Conditional Change of Zoning(Conditional B-4 Mixed Use District to Conditional PD-H2 (A-12 Overlay)) at the property located on the southwest side of Princess Anne Road and S. Independence Boulevard (GPIN 1485152560), COUNCIL DISTRICT— CENTERVILLE. MEETING DATE: December 12, 2017 • Background: The applicant requested a deferral of this item prior to the scheduled City Council public hearing on December 5, 2017, in order to modify Proffer 2. This revised proffer will limit the height of any structure constructed on the 14.29 acres of Conditional B-4 Mixed Use District property to 50 feet. In 2007, City Council rezoned a 26.28-acre parcel to Conditional B-4 to serve as the commercial component to the Spence Farm residential development. The original plan envisioned a mix of office and retail space utilizing a "main street" streetscape. Nearly 200,000 square feet of retail and office was programmed. Additionally, a six-floor hotel with 150 rooms was also proposed. Since that time, the market has changed and the applicant now desires to alter the approved concept to remove the hotel and to reduce the amount of retail and office space permitted by the 2007 rezoning. In conjunction with the request to modify the proffers, the applicant proposes to rezone 12 acres of the 26-acre parcel from Conditional B-4 Mixed Use to Conditional PD-H2 with an A-12 Overlay in order to develop the site with up to 144 residential units. The 12 acres of residential will consist of two sections of quad buildings, one with up to 88 units and one with up to 56 units. Additionally, the applicant requests to remove the proffer that requires a deed restriction that sets aside 100 dwelling units for adult residents 55 years of age or older and prohibits persons under the age of 20 from residing in such units for more than 120 days each year. The applicant states that such a deed restriction is difficult to create and monitor. The applicants data suggests that the intent of this requirement is being far exceeded based on market demands. Spence Crossing Properties, LC Page 2 of 2 • Considerations: The submitted site layout, coupled with the previously approved design guidelines that will remain in effect, provide confidence that the site will be developed in an attractive manner. The request is consistent with the Comprehensive Plan's recommendations for the Suburban Area, which calls for the creation of great neighborhoods and enhanced open spaces. The proposed dwellings will be of similar style and scale with the existing residential development within the Spence Farm neighborhood. The proposed addition of the 144 dwelling units may likely result in less traffic generated than originally predicted with the 2007 rezoning. However, the proposed commercial uses, other than a grocery store, have not been identified and; therefore, this is not guaranteed. The site is proposed to be accessed via two points of ingress/egress along S. Independence Boulevard and a third right-ingress point along Princess Anne Road.As was stated in 2007, the Department of Public Works does not support any access point for the development onto Princess Anne Road. Further details pertaining to the request, as well as Staffs evaluation of the request, are provided in the attached Staff report. There is no known opposition to this request. • Recommendations: City Staff recommends approval of this request. The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Proffer Agreement Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. .� q Submitting De(p�tm ency: Planning Department //W ) City Manager.\ 1\ _ CCCJJJ +++ I Applicant & Property Owner Spence Crossing Properties, LC\B Agenda Items Public Hearing November 8, 2017 /� City Council Election District Centerville 4 & 5 Virginia Beach Requests Modification of Proffers N .4.,.. .).--1,1/4, --," f ' ' Conditional Rezoning (Conditional B-4 to it ��, a+► .0'` r., "°a-., Conditional PD-H2(A-12 Overlay)) ,�. -- fi~ � n `Fab ."....,., Staff Recommendation 44*.. 'M' �`"`F ' '( D. -co"' li Approval 4`+,7 �, " °+• ` , lKNMFpM Staff Planner o.`" 0 of / P..oat F Jimmy McNamara ,,.�*P i.a„� ,i.'Location i 4? .4,S Southwest corner of Princess Anne Road and S. om.,itam lit Independence Boulevard t. '0'.. -� _ 4=a„F GPIN 1114,77.71,...1485152560 ' tea• ps' `' SvmtR.m ranvN j\\ Ron�17yPod 7.-.) Site Size 26.28 acres AICUZ Less than 65 dB DNL Watershed Southern Rivers Existing Land Use and Zoning District ', /77: P' ':14441441.: ' ' .�' 1 it. i 31 Vacant/B-4 Mixed Use �%r '' ,� Surrounding Land Uses and Zoning Districts ��, ►”' ,.,"90,, ' "s t North • .")•,,, , . . Princess Anne Road ' Single-family dwellings,assisted living facility/PD- ` f ;�!� H1 Planned Unit Development,0-2 Office , •` >4 *3 y�`` .' !=, , South 4 a:,: \'' A . Single-family dwellings/PD-H2 Planned Unit 'A J� �s�%.,,,„ '1,. Development _"( . ,'�,�, '.A S. Independence Boulevard S`' '�% j"�ZA �,N I 1 . Cis East 1.S. S. Independence Boulevard / 't... ! .� ,' Multi-family dwellings/PD-H2 Planned Unit •,, y' , ~w= Development ? ' , "IiII „,, ,_.:-, ,J 1 w, � "�� ', �; t �[ .11 S West Single-family&quad dwellings/PD-H2 Planned Unit Development Spence Crossing Properties, LC Agenda Items 4 &5 Page 1 Background and Summary of Proposal • In 2007, City Council rezoned the subject 26.28-acre parcel to Conditional B-4 to serve as the commercial component to the Spence Farm development. The original plan envisioned a mix of office and retail space utilizing a "main street" streetscape. Nearly 200,000 square feet of retail and office was programmed. Additionally, a six-floor hotel with 150 rooms was also envisioned. • Since that time, the market has changed and the applicant now desires to alter the approved concept to remove the hotel and to reduce the amount of retail and office space. Also, the applicant intends to rezone 12 acres of the 26-acre parcel from Conditional B-4 Mixed Use to Conditional PD-H2 with an A-12 overlay to develop the site with up to 144 residential units in the form of 36 "quad" buildings. As such, a Conditional Rezoning and a modification to the existing proffers is necessary to permit the proposed changes to the site. • The submitted site layout depicts commercial development along the entire S. Independence Boulevard frontage and a majority of the Princess Anne Road frontage. As specific tenants have not yet been selected, the submitted plan is conceptual in nature and allows some flexibility pertaining to size and layout of the parcels and the building footprints, but will be required to adhere to the existing Design Guidelines which address architectural features and screening of loading areas. • As is required by the Zoning Ordinance, a 15-foot landscape buffer is proposed along the perimeter of the B-4 commercial portion of the property that is adjacent to the residential section of the development. This buffer will consist of an undulating berm, three to six feet in height, planted with an evergreen hedge and augmented with ornamental flowering trees. • The newly proposed 12.01 acres of residential will consist of two sections of quad buildings, one with up to 88 units and one with up to 56 units. The 88 units will be two stories and average approximately 1,750 square feet and with vinyl siding exterior. The homes will be similar to the existing Crofton section of the larger development. The 56 units will also be two stories with vinyl siding, and average approximately 1,352 square feet. This section will serve as an extension of the existing Fernhill portion of the development. • The new homeowners will be required to join the existing homeowners' association, which is responsible for the maintenance of all common areas and stormwater facilities. • The overall Spence Farm residential neighborhood currently consists of 84.4 acres and has 14.5 acres as open space (17.2%). With the addition of the subject 12 acres into the Spence Farm community, and with the additional 2.5 acres identified as open space, the overall open space for the development will be 17 acres, or 15.4% of the total acreage, meeting the minimum requirement of 15% of a PD-H property. Amenities around the existing lake include walking paths and useable open space. Additionally, a community pool is proposed in this section of the development for use by both the proposed and existing residents. • Additionally, the applicant requests to remove the proffer that requires a deed restriction that sets aside 100 dwelling units for adult residents 55 years of age or older and prohibits persons under the age of 20 from residing in such units for more than 120 days each year. The applicant states that such a deed restriction is difficult to create and monitor. The applicant's data suggests that the intent of this requirement is being far exceeded based on market demands. • The site is proposed to be accessed via two points of ingress/egress along S. Independence Boulevard and a third right-ingress point along Princess Anne Road. Spence Crossing Properties, LC Agenda Items 4 &5 Page 2 8�2,' 1 . • �' J F i i H I J �] f C Pr)�Ft I ° B-2,2 / i% D r11 ' Zoning History 5 A��. 3 11?-1.1'° # Request es / ooe PD-Hi1 CRZ(R 5D to Conditional A 24,B-4,PD H2(A-12 o ‘16, a Overlay))Approved 06/26/2007 °o2 CUP(Bulk Storage Yard)Approved 03/25/2003 ,s CRZ(R-5D to Conditional B-2)Approved 06/22/1999 c�. 3 CUP(Housing for Seniors and Disabled)Approved 05/27/2014 . =j' •i_ CRZ(PD-H1 to Conditional 0-2)Approved 02/08/2011 othis la v/// <• fir 15 R 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. Natural and Cultural Resources Impacts The site is located in the Southern Rivers Watershed. Drainage in the Southern Rivers watershed is highly impacted by the presence of high ground water, poorly draining soils, and high water surface elevations in downstream receiving waters. There do not appear to be any significant cultural or natural resources associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic S. Independence Boulevard 20,540 ADT 17,300 ADT t(LOS°"C") Existing Land Use 2—6,903 ADT for 27,300 ADT (LOS°"E") residential&13,107 ADT for commercial(18,879 ADT total) Princess Anne Road 42,859 ADT 34,940 ADT'(LOS°"C") Proposed Land Use 3-7,275 ADT for 56,240 ADT 1(LOS'"E") residential&9,953 ADT for commercial(17,228 ADT total) 'Average Daily Trips las defined by the 2007 City Sas defined by the existing residential °LOS=Level of Service Council approved South a rea,14.29 acres of B-4 zoned property Independence Acquisition II, &144 additional residential dwellings LLC proffered plan Spence Crossing Properties, LC Agenda Items 4 &5 Page 3 Public Utility Impacts Water There is an existing 24-inch City water transmission main along Princess Anne Road and a 16-inch City water transmission main along S. Independence Boulevard. This development must connect to City water. Sewer There is an existing 10-inch City sanitary sewer gravity main within a 30-foot utility easement along S. Independence Boulevard and an eight-inch City sanitary sewer force main along S. Independence Boulevard. This development must connect to City sanitary sewer. A sanitary sewer main and pump station analysis for Spence Crossing Pump Station #560 is required to determine if future flows can be accommodated. School Impacts School Current Enrollment Capacity Generation 1 Change 2 Salem Elementary 463 491 15 15 Salem Middle 1,041 1,031 9 9 Salem High 1,677 1,850 9 9 "Generation" represents the number of students that the development will add to the school. 2'change"represents the difference between the number of potential or actual students generated under the existingzoningandthe number generated under the proposed zoning. The number can be positive(additional students)or negative(fewer students). Evaluation and Recommendation The Spence Crossing development is well underway and has provided, in Staff's opinion, a mixture of high quality residential dwelling choices that include single-family dwellings, townhouses and apartments throughout the 130-acre site. The original plan called for a "main-street" style commercial development that would serve the residence of Spence Crossing; however, market challenges have caused the developer to propose a new smaller commercial footprint. Portions of the former commercial property will be developed with up to 144 residential units. The proposed changes to the commercial and residential development are, in Staff's opinion, acceptable. The submitted site layout coupled with the previously approved design guidelines that remain in effect, provide confidence that the site will be developed in an attractive logical manner that will be respectful of the proposed residential dwellings by providing a sufficient buffer and plantings. The request is consistent with the Comprehensive Plan's recommendations for the Suburban Area, which calls for the creation of great neighborhoods and enhanced open spaces. The proposed dwellings will be of similar style and scale with the existing development and will result in a residential density of 12 units to the acre for the newly rezoned property. As stated earlier, the proximity of residential dwellings to a commercial center, such as proposed, along with the proposed sidewalk network, will create a walkable mixed-use area as was originally envisioned with Spence Farm proposal. The existing community amenities coupled with the newly proposed amenities and open space will provide residents ample opportunities to recreate. The proposed addition of the 144 dwelling units and the resulting reduction in commercially zoned areas would indicate that the development would generate less traffic than originally approved in the 2007 rezoning. However, the proposed commercial uses, other than a grocery store, have not been identified and therefore this is not guaranteed. The average per acre trip generation rate for property zoned B-4 Mixed Use District assumes an average commercial land use pattern. If the developer decides to build the 40,000 square feet of outparcel uses and includes fast food drive-thru uses, this trip generation could be much higher than the average rate. In the end, the developer still cannot develop the Spence Crossing Properties, LC Agenda Items 4 &5 Page 4 site such that the trip generation will exceed the 18,879 trips per day that was originally proffered due to significant concerns raised by the surrounding residential property owners during the 2007 rezoning process. As was stated in 2007, the Department of Public Works does not support any access point for the development onto Princess Anne Road. Princess Anne Road is listed on the City's MTP as an Access-Controlled roadway, meaning that direct driveway access is not allowed from Princess Anne Road. In addition, the City's Comprehensive Plan includes in the development criteria for the Spence Crossing development site that no additional access be allowed to Princess Anne Road to serve the development. Staff also supports the removing of Proffer 11, which sought to ensure that 100 dwelling units were set aside as age- restricted. The applicant has provided data, and Staff agrees, that the intent of the Proffer is being fulfilled by natural market forces and agrees that the Proffer itself is nearly impossible to enforce. Also, at the time of approval, the City Zoning Ordinance required that open space be rezoned to P-1 Preservation District. However, since that time, that requirement has been removed from the ordinance. Based on this, Staff supports the removal of Proffer 12 which requires the rezoning of open space areas to P-1 Preservation District. As recommended by the Comprehensive Plan, the applicant has submitted a preliminary drainage study to the Development Services Center (DSC) outlining their proposed stormwater strategy for the subject site. This site was included in a previously approved stormwater plan. Since the time of approval, stormwater review criteria has changed. As such, a more comprehensive review of the proposed stormwater strategy will be required at site plan review. Based on the considerations above, Staff recommends approval of both the Modification and Conditional Rezoning requests subject to the submitted proffers below. Proffers (Modification) The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement(CZA).The applicant,consistent with Section 107(h)of the City Zoning Ordinance,has voluntarily submitted these proffers in an attempt to"offset identified problems to the extent that the proposed rezoning is acceptable,"(§107(h)(1)).Should this application be approved,the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1: Proffer numbered 1 in the 2007 Proffers is hereby modified by deleting the words "including a Hotel" from the proffer. Proffer 2: Proffer numbered 2 in the 2007 Proffers is hereby deleted and replaced with the new following "NEW PROFFER # 19": 19. When the Commercial Village is developed on the Property, no structure shall exceed fifty feet(50') in height and it will be a community serving commercial center with a mixture of retail, service, restaurant and office uses, with pedestrian connectivity, laid out generally in keeping with the exhibit entitled "Spence Crossing at Princess Anne, Conceptual Site Plan", dated August 25, 2017, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (the "Commercial Plan"). The final siting, dimensions and orientation of the buildings, drive aisles and parking areas may differ from that depicted in the Commercial Plan, so long as the changes are consistent with the proffered Design Guidelines and design standards. Proffer 3: Proffers numbered 11, 12, 21, and 29 as contained in the 2007 Proffers are hereby deleted. Proffer 4: Except as hereby modified or expressly deleted, the remainder of the 2007 Proffers are affirmed and remain unchanged. Spence Crossing Properties, LC Agenda Items 4 &5 Page 5 Proffers (Conditional B-4 to Conditional PD-H2 (A-12 Overlay) The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. Proffer 1: When the Property is developed, it shall be as an additional phase of the existing residential condominium community under development by the Grantor, with no more than 144 residential units, substantially in accordance with the three (3) exhibits entitled, "Spence Crossing at Princess Anne, Conceptual Site Plan", dated August 25, 2017; "Rezoning Exhibit Development Plan Modification, SPENCE CROSSING at Princess Anne," dated August 30, 2017 and "Typical Streetscape Section, Development Plan Modification SPENCE CROSSING at Princess Anne", dated August 30, 2017 which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning (the "Conceptual Plan(s) For Spence Crossing Phase II"). Proffer 2: When the Property is developed, vehicular Ingress and Egress to the Property shall be limited to the access depicted on the Concept Plan for Spence Crossing Phase II. Proffer 3: The existing Residential Village within Spence Crossing at Princess Anne is subject to a declaration of protective covenants, conditions and restrictions (the "Restrictions") which are administered by the Spence Crossing Homeowners Association, Inc.,a mandatory membership association, which is responsible for maintaining all common areas including but not limited to, clubhouses, pools, open space areas, landscape buffers and stormwater management facilities. An amendment to the Declaration shall be recorded to subject the Property to the declaration. In addition, the Property will be added to and developed as a part of the Spence Crossing Condominium which shall be responsible for maintaining all of the common areas and amenities depicted on the Concept Plan for Spence Crossing Phase II. Proffer 4: When the property is developed, the total number of residential units thereon shall not exceed 144 and the total number or residential units within the entire PD-H2 (A-12) Zoning District (Residential Village) within the Spence Crossing community shall not exceed 787. Proffer 5: When the property is developed, the architectural design of the new residential dwellings depicted on the "Concept Plan For Spence Crossing Phase II" will be substantially as depicted on the exhibits entitled "Architectural Elevation, Luxury Villas" and "Architectural Elevations, Villas", dated August 25, 2017, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning ("Elevations"). The exterior building materials shall match those on the buildings in the existing villages of the Spence Crossing Condominium designated "Crofton Luxury Villas" and "Fernhill Villas". Spence Crossing Properties, LC Agenda Items 4 &5 Page 6 Proffer 6: The dimensional requirements applicable to development of the Property, which are consistent with the existing development of the adjacent property shall be as follows: • Minimum front yard setback from Property Line: 10 feet • Minimum side yard setback from Property Line: 10 feet • Minimum rear yard setback from Property Line: 10 feet • Minimum Building setback from Princess Anne Road: 30 feet • Minimum Front Building setback from Street or Parking (back of curb): 12 feet to principal structure • Minimum Side Building setback from Street and Parking (back of curb): 10 feet • Minimum distance between buildings o Principal structures: 15 feet o Attached storage sheds: 10 feet • Maximum Building Height: 38 feet Proffer 7: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Staff Comments: The submitted Proffers are acceptable and help ensure new development that is similar to that of the existing Spence Crossing development. 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/DevelopmentServices 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. Spence Crossing Properties, LC Agenda Items 4 &5 Page 7 Proposed Rezoning Exhibit N/F SPENCE (. CROSSING ,1 - AT � PRINCESS -) ANNE \_ ,1, 11 ,( N -4%`-9`:--418 I s Existing Residential o ocQ W 1 J o m , W _Z W ; O / Z //////////7"-------AP.' : '' ' ' 'NN ., o Area to Remain Commercial B-4 Mixed Use N 70'27'24" E133.61' N 73'15'33" E 184.95' S 5300 00' E S 50'47'22" E �,o S 53'05'02" E 321.83' p w 6 PR/NCESSANNE ROAD ► Spence Crossing Properties, LC Agenda Items 4 &5 Page 8 Proposed Site Layout Site Data Legend Property Area:26.3 arms %Myer.Anne Rood and Proposed Community 4 i . South Independence 6oukwd C 88 luxury WI. 6 sr ;Overstepes lA 40 t _ •t S'to 1 S'undulating berm WAIL. 'y'e. ' — •3'ever1 S'nMdgings rmmdd with e:�we•�rn I Cornmeo ial/Retail It - wmamentals and ground corers tftr. �� ( •my sidewalks Much interconnect wuh 4. • _ thy werarl Spence Crossing community Moen Spotty Crossing Community Entrance /,:• - •median deeded ervrance comdemeMed b,. amend lbwerng tr.,and lei..hedgerow 11 ,_ ' fie- •pnnw y r cwrmercral sgnage Ci, - Y- Rest&Mot Suffer Areas ° y - •fro e'uMWNing perm. •s evergreen hedging augmented well Ros.+.ng l-1•N` /r •1 {( ornameMNs aM gaurd covert '"--,IF 1/a -, " Spy,.Crossing Community Troll Network _�...'1 t L I "a/ •A master planned tragi and udwan,pen whvh , , {• .- i`l d •. ' .I connects all Me reudenoal villages amenity ame. 1 par/.s and<omnwnrty IY'es wR k ppwding s /y saamkssprdestnanscyessbetweenthe nesdenti.l .__:„ 11� . 'r c. ... •Q •A/// and corrxnwaal portions of Spence Crory ter? ;e ' 'IJIi� <rMralprpl area trverloOkn91✓9eyOnxnannylair Cenbol Community(oke with axated fountains lir ,. It Spence Crossing Properties, LC Agenda Items 4 &5 Page 9 Proposed Open Space . . I , ' 4 • .4Viy J.-4 4 c......., /.4: . .:„. , . ,,,, , . . . .•I : , .. .. . f I i .1 .`.' . - , Open Space C 1 j ,, /4 I �.. .4, 4, 41 + y • to .Ill lit...--r ' t S a 3 S •rg ' i*.i-) 1. 'd - tj:D--NC)c ' v \.• - jeo, ,, Open Space ° ° .'s.,,o & \ Elialf, :: --1-- 1-7.. : o 1 t„, ' _ °9° °°° °°p oho%c - Spence Crossing Properties, LC Agenda Items 4 &5 Page 10 Proposed Landscape Buffer and Streetscape — .— ; I ' , . . < 1 ••`" VezitiCAL YAPIeA. -- 1-> - , I • . . : . : . ; /-1 • s , /7.'fil Iii4dAeit _PMOVI9414- i-M47-4-49& arrffa- . _ . . I . ...e)(1* • . 1 4' Icip,e4.1-. • , . - -..‘'‘ -''. -' , , / . . , dItintai- ri... I 1 S i• • ii L. ' 1;1 1-11 't .- •-- --- vgLeic -- - -1V14_41-- . 1•ReC11, 74,-TE.----4forzCil,00 aeligifix w0,94 go tobtiLt - .•YEA.1.)i-LT—'e: . 7.—-- -- Spence Crossing Properties, LC Agenda Items 4 &5 Page 11 Proposed Elevations t. , I 0E1 /p. 1 ' . il �/,Qp� Q� !R , : '!> i • •-•-. • ,.....41...i„.4. :, d 'y SS Luxury Villas(88 units) '. t 04.#0e. :1 1 1., itr ,-.4.0.. - �I , il . ii , III , _ ., • , n 1 I l l as(56 units) Spence Crossing Properties, LC Agenda Items 4 &5 Page 12 Site Photo t �. y„fes.„ �; s�A•.. -'d d'.h k .. Spence Crossing Properties, LC Agenda Items 4 & 5 Page 13 Disclosure Statement APPLICANT'S NAMESpence Crossing Properties, LC 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 I_ Certificate of I Floodplain Variance Appropriateness i Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area I 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 wxan USEONLV '. v i,a,sum sl Page I of 7 en nn Cor,.nescr ,ndIt rso : NEON ,b_, amvs nThe e Coro OD ▪ APPI(CANT NOTIREU Of IHARINC I_ 1 No CHANCES AS OF , r Jimmy McNamara ▪ REVISIONS SOKM:1 ICU l. . Spence Crossing Properties, LC Agenda Items 4 &5 Page 14 Disclosure Statement Virginia Beach n Check here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. 7 Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Spence Crossing Properties LC If an LLC,list all member's names: Spence Crossing Residential, Inc., sole member: Helen E. Dragas, Pres/CEO; Sarah Horvath,VP; Brian Kokoska,VP; Robert C. Makin, CFO/Treasurer," If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below' (Attach list if necessary) "Joyce B.With Secretary/Shareholders' Helen E Dragas;Anila D.Weaver; Mary 0 Shearin:Jennifer D.Steadfast (8) List the businesses that have a parent-subsidiary or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See Attached 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. 0 Check here If the PROPERTY OWNER 5 NOT a corporation, partnership, firm, business,or other unincorporated organization. n Check here if the PROPERTY OWNER 5 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 Spence Crossing Properties, LC Agenda Items 4 &5 Page 15 Disclosure Statement vvpinia Beach If a Corporation, list the names ofall officers, directors, members,trustees, etc. below: (Attach list if necessary) (Is) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 'Parent-subsidiary relationship means a relationship that exists when onecorporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation' See State and Local Government Conflict of Interests Act,Va. Code§2.23101. 2 'Affiliated business entity relationship" means relationship, other than parent-subsidiary relationship,that exists when 0)one business entity has a controlling ownership interest in the other business entity,(iii a controlling owner in one entity Is also a controlling owner in the other entity,or Nn there is shared management or ontrol 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, r ources 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 223101 SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subjectofthe 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 Spence Crossing Properties, LC Agenda Items 4 &5 Page 16 Disclosure Statement APPLICANT Virginia Reach [YES] f NO SERVICE PROVIDER lase additional sheds if needed) ® Accounting and/or preparer of Dragas Management Corporation your tax return ® ❑ Architect/Landscape Architect/ Thomas Steele Land Planner ❑ ® Contract Purchaser(if other than the Applicant)-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) • ® ❑ Construction Contractors Drapes Management Corporation . ® Engineers/Surveyors/Agents IThePlnnacie Group Engineering Financing(include current ❑ mortgage holders and lenders �t selected or being considered to provide financing for acquisition or construction of the properly) Zn Legal Services Sykes,Bourdon.Ahem&Levy PC ' Real Estate Brokers/ Drapes Realty Inc. • ❑ Agents/Realtors for current and anticipated future sales of the subject property 'Kaufman&Canoles,P.C. + SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ® ® an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of Spence Crossing Properties, LC Agenda Items 4 &5 Page 17 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. . Spence zing Prop(enh¢e.LC By. f/o/l RE ( /KTNA E' RA6'f15 APPL CANT'S SIGNATURE PRINT NAME DAT L}tSj4enf.D04 t.s P>yabbS.TIC Myr Page 5 of] Spence Crossing Properties, LC Agenda Items 4&5 Page 18 Items#4&5 Spence Crossing Properties, L.C. Conditional Rezoning Modification of Proffers Southwest side of Princess Anne Road District 1 Centerville November 8,2017 CONSENT An application of Spence Crossing Properties, L.C.fora Conditional Rezoning (Conditional B-4 Mixed Use to Conditional PD-H2(A-12 Overlay)and a Modification of Proffers on property located on the Southwest side of Princess Anne Road, District 1, Centerville. GPIN: 1485-15-2560-0000. PROFFERS PROFFER 1: Proffer numbered 1 in the 2007 Proffers is hereby modified by deleting the words"including a Hotel" from the proffer. _ PROFFER 2: Proffer numbered 2 in the 2007 Proffers is hereby deleted and replaced with the new following"NEW PROFFER#19": 19. When the Commercial Village is developed on the Property it will be a community serving commercial center with a mixture of retail,service, restaurant and office uses,with pedestrian connectivity, laid out generally in keeping with the exhibit entitled"Spence Crossing at Princess Anne, Conceptual Site Plan",dated August 25, 2017,which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning(the"Commercial Plan"). The final siting,dimensions and orientation of the buildings, drive aisles and parking areas may differ from that depicted in the Commercial Plan,so long as the changes are consistent with the proffered Design Guidelines and design standards. PROFFER 3: Proffers numbered 11, 12, 21,and 29 as contained in the 2007 Proffers are hereby deleted. PROFFER 4: Except as hereby modified or expressly deleted,the remainder of the 2007 Proffers are affirmed and remain unchanged. Proffers(Conditional B-4 to Conditional PD-H2(A-12 Overlay) PROFFER 1: When the Property is developed, it shall be as an additional phase of the existing residential condominium community under development by the Grantor,with no more than 144 residential units, substantially in accordance with the three (3)exhibits entitled,"Spence Crossing at Princess Anne, Conceptual Site Plan",dated August 25,2017; "Rezoning Exhibit Development Plan Modification, SPENCE CROSSING at Princess Anne," dated August 30, 2017 and "Typical Streetscape Section, Development Plan Modification SPENCE CROSSING at Princess Anne",dated August 30, 2017 which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning(the"Conceptual Plan(s) For Spence Crossing Phase II"). Item#4& 5 Spence Crossing Properties, L.C. Page 2 PROFFER 2: When the Property is developed,vehicular Ingress and Egress to the Property shall be limited to the access depicted on the Concept Plan for Spence Crossing Phase II. PROFFER 3: The existing Residential Village within Spence Crossing at Princess Anne is subject to a declaration of protective covenants, conditions and restrictions(the"Restrictions')which are administered by the Spence Crossing Homeowners Association, Inc.,a mandatory membership association,which is responsible for maintaining all common areas including but not limited to,clubhouses, pools, open space areas, landscape buffers and stormwater management facilities. An amendment to the Declaration shall be recorded to subject the Property to the declaration. In addition,the Property will be added to and developed as a part of the Spence Crossing Condominium which shall be responsible for maintaining all of the common areas and amenities depicted on the Concept Plan for Spence Crossing Phase II. PROFFER 4: When the property is developed,the total number of residential units thereon shall not exceed 144 and the total number or residential units within the entire PD-H2(A-12)Zoning District(Residential Village) within the Spence Crossing community shall not exceed 787. PROFFER 5: When the property is developed,the architectural design of the new residential dwellings depicted on the "Concept Plan For Spence Crossing Phase II"will be substantially as depicted on the exhibits entitled "Architectural Elevation,Luxury Villas"and "Architectural Elevations,Villas", dated August 25, 2017, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning("Elevations"). The exterior building materials shall match those on the buildings in the existing villages of the Spence Crossing Condominium designated "Crofton Luxury Villas" and "Fernhill Villas". PROFFER 6: The dimensional requirements applicable to development of the Property,which are consistent with the existing development of the adjacent property shall be as follows: • Minimum front yard setback from Property line: 10 feet • Minimum side yard setback from Property Line: 10 feet • Minimum rear yard setback from Property Line: 10 feet • Minimum Building setback from Princess Anne Road:30 feet • Minimum Front Building setback from Street or Parking(back of curb): 12 feet to principal structure • Minimum Side Building setback from Street and Parking(back of curb): 10 feet • Minimum distance between buildings • Principal structures: 15 feet • Attached storage sheds: 10 feet • Maximum Building Height:38 feet PROFFER 7: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Item#4&5 Spence Crossing Properties, L.C. Page 3 A motion was made by Commissioner Oliver and seconded by Commissioner Ripley to approve item 4& 5. AYE 10 NAY ABSO ABSENT 1 HODGSON AYE HORSLEY AYE INMAN ABSENT 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&5 for consent. Eddie Bourdon appeared before the Commission on behalf of the applicant. S 1 SYKES. BOURDON, A"1- AHERN & LEVY, p.c ATTORNEYS AND COUNSELORS AT LAW PEMBROKE OFNCE PARK-BUILDING ONE 281 INDENDENCE BOULEVARD JON M.AHE RN FIFTH FLOOR R.EDWARD BOURDON.JR. VIRGINIA BEACH,VIRGINIA 23462-2989 JAMES T.CROMWELL L.STEVEN EMMERT TEUMHONE: 757-499-8971 ANOELINA S. LEE FACSIMILE: 767-458-6445 KIRK B.LE November30, 2017 MICHAEL J.LEW HOWARD R.SYKES,JR. DAVID M.ZOBEL Via Email&Hand Delivery .",,,, NVImat"M___anoc_ The Honorable William D.Sessoms,Jr. Vice Mayor Louis Jones Councilman Bob Dyer Members of City Council 0/0 Ruth Hodges Fraser,City Clerk City Hall Building#1, Room 281 Municipal Center Virginia Beach,Virginia 23456 Re: Request for a one(i)week Deferral of the Applications of Spence Crossing Properties,LW for (a) Conditional Rezoning from Conditional B-4 to Conditional PDH-2 (with A-n Overlay) on 12.1 acres (a portion of GPIN: 1485-15-2560); and (b) Modification of Conditions applicable to 14.29 acres of that parcel having GPIN: 1485-15-256o in the Centerville District,City of Virginia Beach;Scheduled for Public Hearing on City Council's December 5,2017 Agenda Dear Mayor Sessoms, Vice Mayor Jones, Councilman Dyer and Members of City Council: I correspond to advise that my client has gladly tendered a revision to the proposed "First Amendment to Proffered Covenants, Restrictions and Conditions" which accompanies the Modification of Conditions Application referenced above ("b"), at the request of City staff and Councilman Dyer, to limit the height of any structure on the subject property to no more than 50 feet in height. As a consequence,in order to abide with the statutory restriction on changes to Proffers within ten (to) days of Council's public hearing on the application, we are required to request a deferral of the Modification of Conditions Application to the Council's December 12, 2017 public hearing. We also respectfully request that the companion Conditional Rezoning request be deferred to the same December 12,2017 public hearing. My client reviewed these applications with the Spence Crossing Community and many neighboring communities well in advance of the Planning Commission's public hearing and the response was uniformly favorable. This was further evidenced by the fact that no opposition was present at the Planning Commission's public hearing and no correspondence expressing disfavor was received by the Planning Commission or City staff prior to the Commission's public hearing. S l l i SYYES.POURDON. Al MUNN&LEVY,P.C. Jimmy McNamara November 3o,2017 Page 2 • My client is making every reasonable effort to get the word out concerning this deferral to the Spence Crossing residents and those civic leagues with whom they have communicated. Thank you for your courtesy and consideration. With best regards,I am Ve • ours I Edward Bourdon,Jr. REBir/arhm cc: Jimmy McNamara,Department of Planning B.Kay Wilson,Deputy City Attorney Helen Drager,The Drages Companies Nick Baum,The Dragas Companies Rodney Flores,The Pinnacle Group H:\AM\Mod of Proffers\Spence Crossing Properties\McNamara-Wilson_Ltr u-3o-soi7.dox SQ'ovNa^B p2'1- O fir`, an , `liu. , a CITY OF VIRGINIA BEACH o -}_ uR INTER-OFFICE CORRESPONDENCE :am-vi .: ot 4.1 ,. .. O ma, In Reply Refer To Our File No. DF-9947 DATE: December 1, 2017 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilson DEPT: City Attorney RE: Conditional Zoning Application; Spence Crossing Properties, LC The above-referenced conditional zoning application is scheduled to be heard by the City Council on December 12, 2017. I have reviewed the amended subject proffer agreement, dated August 30, 2017 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/ka Enclosure cc: Nancy Bloom FIRST AMENDMENT TO PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS SPENCE CROSSING PROPERTIES, LC,a Virginia limited liability company TO(PROFFERED COVENANTS,RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH,a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 30th day of August, 2017, by and between SPENCE CROSSING PROPERTIES, LC, a Virginia limited liability company, Grantor; and THE CITY OF VIRGINIA BEACH,a municipal corporation of the Commonwealth of Virginia,Grantee. WITNESSETH: WHEREAS, the Grantor is the owner of that certain portion of a parcel of property located in the Princess Anne District of the City of Virginia Beach, Virginia, containing approximately 14.29 acres which is more particularly described in Exhibit "A" attached hereto and incorporated herein by this reference(hereinafter the"Property"); and WHEREAS,the Grantor has initiated a modification to a conditional amendment to the Zoning Map of the City of Virginia Beach, by petition addressed to the Grantee so as to modify conditions to the Zoning Classification of the Property; and WHEREAS, the Grantor has requested Grantee to permit this modification of the previously proffered Covenants, Restrictions and Conditions dated May 31, 2007 as recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number 20070628000874380 (hereinafter "2007 Proffers"), to reflect amendments applicable to the land use plan on the Property; and WHEREAS, it is the intent of the Grantor that the proffered covenants, restrictions and conditions contained herein shall modify those Proffers numbered "1" and "19" and delete those Proffers numbered 11, 12,21 and 29; and GPIN: 1485-15-256o-000o(Part of) Prepared by: It Edward Bourdon,Jr.,Esquire VSB#22160 Sykes,Bourdon,Ahern Sr Levy,P.C. 281 Independence Boulevard Pembroke One,Fifth Floor Virginia Beach,Virginia 23462 WHEREAS,the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantor's proposed modification of conditions to the zoning gives rise; and WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee,as a part of the proposed modification to the existing zoning conditions with respect to the Property,the following reasonable conditions related to the physical development, operation,and use of the Property to be adopted,which conditions have a reasonable relation to the proposed modification and the need for which is generated by the proposed modification. NOW, THEREFORE, the Grantor, its successors, personal representatives, assigns, grantees, and other successors in title or interest,voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following two (2) amendments to the Covenants, Conditions and Restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property,which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. Proffered numbered t in the 2007 Proffers is hereby modified by deleting the words "including a Hotel"from the proffer. 2. Proffer numbered t9 in the 2007 Proffers is hereby deleted and replaced with the following "NEW PROFFER #t9": t9. When the Commercial Village is developed on the Property,no structure shall exceed fifty feet (50') in height and it will be a community serving commercial center with a mixture of retail, service, restaurant and office uses, with pedestrian connectivity, laid out generally in keeping with the exhibited 2 entitled, "Spence Crossing at Princess Anne, Conceptual Site Plan", dated August 25, 2017, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (the "Commercial Plan"). The final siting, dimensions and orientation of the buildings, drive aisles and parking areas may differ from that depicted in the Commercial Plan, so long as the changes are consistent with the proffered Design Guidelines and design standards. 3. Proffers numbered 11, 12, 21 and 29 as contained in the 2007 Proffers are hereby deleted. 4. Except as hereby modified or expressly deleted, the remainder of the 2007 Proffers are affirmed and remain unchanged. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance,shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia,1950,as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantor covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority(a) to order, in writing,that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, 3 MODIFICATION OF PROFFERS EXHIBIT "A" LEGAL DESCRIPTION PART OF GPIN: 1485-15-256o-000o ALL THAT certain piece or parcel of land in the Centerville District of the City of Virginia Beach, Virginia, being a 14.29 acre portion of "PARCEL B-1-B" as depicted and described on the "SUBDIVISION PLAT OF SPENCE CROSSING" dated November 11, 2013, as recorded in the Office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number 20140812000748710,which piece is more particularly described as follows: Beginning at a point along the western right of way line of South Independence Boulevard at the southeastern corner of PARCEL B-1-B and from that point following the right of way line of South Independence Boulevard North 41° 19' 04" East, 27.95 feet to a point; thence along said right of way line in a northeasterly direction along the arc of a curve with a radius of 5674.48 feet an arc length of 442.38 feet to a point; thence continuing along said right of way line along the arc of a curve with a radius of 4149.91 feet an arc length of 515.46 feet to a point; thence continuing along said right of way line North 36° 5o' 59" East, 236.52 feet to a pin; thence continuing along the right of way line to its intersection and transition to the western right of way line of Princess Anne Road along the arc of a curve to the left with a radius of 51.00 feet an arc length of 80.o8 feet to a pin;thence continuing along the western right of way line of Princess Anne Road North 53° 05' 02"West, 300 feet to a pin; thence continuing along said right of way line along the arc of a curve with a radius of 947.00 feet an arc length of 108.45 feet to a pin; thence continuing along said right of way line along the arc of a curve with a radius of 929.00 feet an arc length of 93.52 feet to a pin; thence continuing along said right of way line along the arc of a curve with a radius of 3879.72 feet an arc length of 124.26 feet to a pin;thence continuing along said right of way line along the arc of a curve with a radius of 3759.72 feet an arc length of 210.76 feet to a pin; thence turning and running South 36°54'58"West, 108.61 feet to a point; thence in a southwesterly direction along a curve to the right with a radius of 390.00 feet an arc length of 92.68 feet to a point; thence South 39° 31' 03" East, 68.97 feet to a point; thence in a southeasterly direction along a curve to the left with a radius of 365.0o feet an arc length of 191.87 feet to a point; thence South 69° 32' 25" East, 34.28 feet to a point; thence in a southeasterly direction along a curve to the right with a radius of 500.0o feet an arc length of 126.46 feet to a point; thence South 53° 05' 02"East, 95.66 feet to a point; thence in a southerly direction along a curve to the right with a radius of 90.00 feet an arc length of 139.17 feet to a point; thence South 35° 30'55"West, 111.89 feet to a point; thence in a southwesterly direction along a curve to the right with a radius of 90.00 feet an arc length of 29.95 feet to a point;thence South 54° 35' 05" West, 368.85 feet to a point; thence South 61° 22' 45" West, 51.36 feet to a point;thence South 53°15' 16"West, 167.64 feet to a point;thence South o°57'48"West, 173.60 feet to a point; thence South 48°41'07" East,412.93 feet to the Point of Beginning. H:\AM\Mod of Proffers\Spence Crossing Properties\1st Amendment to Proffers.docx 6 86 Item—VI-K4 PLANNING ITEM#66454 Upon motion by Vice Mayor Jones, seconded by Councilman Iyer, City Council APPROVED and CONDITIONED, BY CONSENT, Ordinance upon application of JOYNT ENTERPRISES, INC- TM PEMBROKE AUTO SALES /HD HOLDINGS, LLC for Conditional Use Permits re vehicle sales, rental and auto repair at 3825 Bonney Road DISTRICT 5—LYNNHAVEN IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of JOYNT ENTERPRISES, INC. T/A PEMBROKE AUTO SALES/HD HOLDINGS, LLC for Conditional Use Permits re vehicle sales, rented and auto repair at 3825 Bonney Road(GPIN 1487330781)DISTRICT 5—LYNNHAVEN The following conditions shall be required.' 1. Development of the subject site shall substantially conform to the Site Exhibit titled, "CONDITIONAL USE PERMIT EXHIBIT FOR JOYNT ENTERPRISES, INC. AUTOMOTIVE SALES,"dated August 24, 2016, and prepared by Gallup Surveyors & Engineers, with the exception that landscaping shall be added to meet minimum requirements as determined by the Development Services Center Landscape Architect during detailed Site Plan review. Additional site improvement requirements may also be determined during detailed Site Plan review. 2. The building facade shall substantially conform to the elevation titled, 'PEMBROKE AUTO SALES FRONT ELEVATION", dated June 28, 2016, and prepared by RBA, with the exception of the image of the car, which is not permitted. 3. The building sign shall be composed of individual letters as shown on the elevation and any freestanding sign shall be monument-style. A separate Sign Permit from the Planning Department shall be required for the installation of any new signs. 4. Motor vehicles on display shall be parked only within the display areas shown on the Site Exhibit referenced in Condition No. I above. 5. No vehicles shall be parked in areas striped for fire lanes, nor shall any vehicle impede or block access to the site. The ingress/egress shall remain open for vehicular access at all times, as depicted on the Site Exhibit referenced in Condition No. 1 above. 6. No motor vehicles in disrepair, or waiting to be repaired, shall be stored outside. 7. All customers and employees shall park on-site unless a parking agreement is arranged with adjacent properties. 8. This Conditional Use Permit shall be valid for no less than ten (10) consecutive years from the date of City Council approval. If at any time after ten (10) years, the "CARMAX PROPERTY"adjoining this property to the South and along Bonney Road to the East permanently ceases to be used for a motor vehicle sales, rental and/or service use, the Zoning Administrator may, upon written notice to the property owner, set a termination date for this Conditional Use Permit which date shall not be less than twenty-four(24)months from the date of the notice. tlrtnhor /R MIK 87 Item—14-R:4 PLANNING ITEM#66454 (Continued) This Ordinance shall be effective in accordance with Section 107(0 of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Eighteenth day of October, Two Thousand Sixteen. Voting: 10-0 Council Members Voting Aye: M. Benjamin Davenport, Robert AL Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Shannon DS Kane, Amelia N Ross-Hammond, Mayor William D. Sessoms, Jr., John E Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: John D.Moss n.....A... /P 111/2 t I ` 1 I I I ' 1 I. �I i a3 . � T - fl I` IN Iti ___- _ II 11 i____________.___. _...._ ...._......___ ___.. _ ,_ —_ . - -- , 1 I1, III N IIIII t I '. ''l ' I ��, II II COal PO 1 I Nk I II %lb' I I . Io NJ I N 1,I II IIini II ,I I I a •, II V O I I II I, II 1 I 4II II C I ti i I 1 ip ; , if _ 1 I, I 11 5 , ..I 1 .r I II 4 \l'i I III '1 NJ 1ti II' III izt CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Ordinance Approving Application of Bonney Road VB, LLC for the Closure of a Portion of Avenue "H" Adjacent to 3825 Bonney Road MEETING DATE: December 12, 2017 • Background: Bonney Road VB, LLC, a Virginia limited liability company (the "Applicant"), requested the closure of approximately 11,904.5 sq. ft. of unimproved right-of-way known as Avenue "H" (the "Right-of-Way") located adjacent to 3825 Bonney Road (GPIN: 1487-33-0781) (the "Property"). ■ In October 2016, Conditional Use Permits for Motor Vehicle Sales and an Automobile Repair Garage were approved for the Property. A separate Modification to the existing Conditional Use Permit application has been submitted under separate cover. It is the Applicant's intent to incorporate the Right-of-Way into the Property. • Considerations: The Viewers determined that a closure of the Right-of-Way will not result in any public inconvenience. There is no known opposition to this request. • Recommendations: City Staff recommends approval of this request. The Planning Commission passed a motion by a recorded vote of 10-0, to recommend approval of this request to the City Council with the following conditions: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. 2. The Applicant shall resubdivide the property and vacate internal lot lines to incorporate the Right-of-Way into the Applicant's adjoining Property that the Right-of-Way would have provided direct access to. The subdivision plat must be submitted and approved for recordation prior to the final street closure approval. Bonney Road VB, LLC Page 2 of 2 3. An appropriately sized public utility easement satisfactory to the Department of Public Utilities shall be dedicated for all public utilities infrastructure located within the portion of the Right-of-Way to be closed. 4. The Applicant shall verify that no private utilities exist within the Right-of- Way proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 5. Closure of the Right-of-Way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the Right-of-Way, this approval shall be considered null and void. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Ordinance Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting De gency: Planning Department / City Manage 1 ORDINANCE APPROVING APPLICATION 2 OF BONNEY ROAD VB, LLC FOR THE 3 CLOSURE OF A PORTION OF AVENUE "H" 4 ADJACENT TO 3825 BONNEY ROAD 5 6 WHEREAS, Bonney Road VB, LLC, a Virginia limited liability company (the 7 "Applicant"), applied to the Council of the City of Virginia Beach, Virginia, to have the 8 hereinafter described unimproved right-of-way discontinued, closed, and vacated; and 9 10 WHEREAS, it is the judgment of the Council that said right-of-way be 11 discontinued, closed, and vacated, subject to certain conditions having been met on or 12 before one (1) year from City Council's adoption of this Ordinance. 13 14 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 15 Beach, Virginia: 16 17 SECTION 18 19 That the hereinafter described unimproved right-of-way be discontinued, closed 20 and vacated, subject to certain conditions being met on or before one (1) year from City 21 Council's adoption of this ordinance: 22 23 ALL THAT certain piece or parcel of land situate, lying and 24 being in the City of Virginia Beach, Virginia, designated and 25 described as "AVENUE "H" (50' R/W) (M.B. 3 P. 125) (M.B. 4 26 P. 191)", shown as the hatched area on that certain street 27 closure exhibit entitled: "STREET CLOSURE EXHIBIT 28 11,904.5 S.F. OF AVENUE H LOCATED BETWEEN BLOCKS 29 7 & 9 PLAT OF EAST NORFOLK (M.B. 3 P. 125. M.B 4. P. 30 191) TO BE CLOSED VIRGINIA BEACH, VIRGINIA", Scale: 31 1" = 40', dated June 6, 2016, and prepared by Gallup, 32 Surveyors & Engineers, LTD, a copy of which is attached 33 hereto as Exhibit A. 34 35 SECTION II 36 37 The following conditions must be met on or before one (1) year from City 38 Council's adoption of this ordinance: 39 40 1. The City Attorneys Office will make the final determination regarding 41 ownership of the underlying fee. The purchase price to be paid to the City shall be 42 determined according to the "Policy regarding Purchase of City's Interest in Streets 43 Pursuant to Street Closures," approved by City Council. 44 45 No GPIN (Public Right-of-Way) 46 (Adjacent GPIN: 1487-33-0781) 47 2. The Applicant shall resubdivide the property and vacate internal lot lines to 48 incorporate the Right-of-Way into the Applicant's adjoining Property that the Right-of- 49 Way would have provided direct access to. The subdivision plat must be submitted and 50 approved for recordation prior to the final street closure approval. 51 52 3. An appropriately sized public utility easement satisfactory to the 53 Department of Public Utilities shall be dedicated for all public utilities infrastructure 54 located within the portion of the Right-of-Way to be closed. 55 56 4. The Applicant shall verify that no private utilities exist within the Right-of- 57 Way proposed for closure. If private utilities do exist, easements satisfactory to the 58 utility company must be provided. 59 60 5. Closure of the Right-of-Way shall be contingent upon compliance with the 61 above stated conditions within 365 days of approval by City Council. If the conditions 62 noted above are not accomplished and the final plat is not approved within one year of 63 the City Council vote to close the Right-of-Way, this approval shall be considered null 64 and void. 65 66 SECTION III 67 68 1. If the preceding conditions are not fulfilled on or before December 12, 69 2018, this Ordinance will be deemed null and void without further action by the City 70 Council. 71 72 2. If all conditions are met on or before December 12, 2018, the date of final 73 closure is the date the street closure ordinance is recorded by the City Attorney. 74 75 3. In the event the City of Virginia Beach has any interest in the underlying 76 fee, the City Manager or his designee is authorized to execute whatever documents are 77 requested, if any, to convey such interest, provided said documents are approved by 78 the City Attorney's Office. 79 80 SECTION IV 81 82 A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit 83 Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 84 VIRGINIA BEACH as "Grantor" and "BONNEY ROAD VB, LLC" as "Grantee". 85 86 Adopted by the Council of the City of Virginia Beach, Virginia, on this day 87 of , 2017. APPROVED AS TO CONTENT. APPROVED AS TO LEGAL SUFFICIENCY: i.. _ - LG4LC� /gyp itml/i / • arming he.artment City Attomei CA14028 p\vtgovcomWbtbpplCNonI nkcycom3TwpponW029\pO]M>435140 cac R-1 November 30, 2017 EXHIBIT A .NOTE. THIS EXHIBIT IS BASED GPaN TOPOGRAPHICAL SURD/EI PREPARED er STEPHEN I BOONE R AssoCIAATES. cA�In 5/2/6. ES / DENOTES R/W TO BE CLOSED 1 DB 1 W WAV AS $ANDN IN M 32A. PG 322 AND MD B. I]i PC. I 10' CHESAPEAKE AND POTOMAC (VAR. WIDTH R/W) TELEPHONE COlPANr ar NR°INIA BONNEY ROAD EASEMENT (D.9 2150. PG. 731) 5 ]8'10'30" W N78'1O'30"E 1]4.58' 50.39' _nwn� j11 X-1 ( @L C 2_.) 7F- 30 m Z _ ��i1 l 31 R s Y31 + o 141co re n i X S) r1 y Fcd n l-2'` I O i LL. m b '1 0 'AI' N m cr RN \ 3 4m- ,_ 025(1 L%\ — Zm<n— _— I w I. O n i _ u1 F- I ; Imn lila - I _— r 4 __ L—� ._ woJr< 15_.. a Z +, c' a m \2i1 l61 m- y \ L._ u Z > m L26' I 4 m u l61 5'211) 67 a a iT �d I 100.00' L, l ® \61 Awn 5 84'03'16"W _.__i- _ _ _ S 0710'06 E (i2) I Cg) 49_9B' Igxm L39) 1-12) -10-_ —44(44)_S 84'05'50" W 1� 50.14' -- -- PARCEL Z-2 LN. 20060118000077390 PARCEL A GPIN: 1487-33-3397 M.B. 194 P. 9B GRIN: 1487-23-8328 STREET CLOSURE EXHIBIT 11,904.5 S.F. OF AVENUE H D�4014TB pA, ! LOCKED BETWEEN BLOCKS 7 & 9 PLAT OF EAST NORFOLK <��+++��''' Rf'p (M.B. 3 P. 125. M.B. 4 P. 191) U GROAN'400,t4 GALLUP > TO BE CLOSED VRo. VIRGINIA BEACH, VIRGINIA 10322 4 SCALE: I' t 40' JUNE 5, 2C16 64, 6/7/16 C�'\ ( GALLUP /OVAL v..,:,. .4.-4�a / SURVEYORS& ENGINEERS, LTD. • 1 y ur Annc"".RO2AD MPPXIA fifty.„WPRIA 5A 0 I6-39.Uwv ITeAaA-e132 1 Applicant & Property Owner Bonney Road VB, LLCNM Agenda Items Public Hearing November 8, 2017 14 8( 15 City Council Election District Lynnhaven Virginia Beach Requests \ 1 Modification of Conditions (Motor Vehicle 9 Sales & Rental; Automobile Repair Garage) Virginia Beach BoulevardStreet Closure (Avenue H) I. Staff Recommendation € """"°� `4Approval s z .1 4 A I Staff Planner 3 c Jimmy McNamara 3 A I y,wemess P." 164 Location Palma Pace 4 3825 Bonney Road &Avenue H 7. Wow(G P I N 5,'"�Circle 1487330781 Site Size 1.18 acres AICUZ Less than 65 dB DNL Existing Land Use and Zoning District Vacant commercial, warehouse building, ', storage yard / B-2 Community Business ", , Oa Surrounding Land Uses and Zoning Districts F North tBonney Road sstottul ri,tadil- ' FFF if l�ct+ r Billboards/ B-2 Community Business • Y, ! ,i^t,.. Kd a F South & East ;.. . . „�„� t tgtt �� Auto sales/Conditional B-2 Community E F dam, t Ai Business : ., ,=A .. 4,1 ; 1 . • ! ii i West r J__ E �tt�t��. E� t N # ltti-i*t to et Mixed commercial / B-2 Community Business • 1 - '.*,:-;% i EtNkEEFFtt Ef-f tttttt t s . ttIli Bonney Road VB, LLC Agenda Items 14& 15 Page 1 Background and Summary of Proposal • In October 2016, Conditional Use Permits for Motor Vehicle Sales and an Automobile Repair Garage were approved on this site; however, it has not been activated, as the applicant has not yet begun operations or made modifications to the site. • The applicant also submitted a Street Closure application along with the Conditional Use Permit with the intention of incorporating that portion of the right-of-way (Avenue H) into the site for automobile sales display area. However, based upon several issues, the application was never heard and the Conditional Use Permit was approved without the additional area of the right-of-way being incorporated into the site. • Since that time, the applicant has contracted to purchase the underlying fee in the street and desires to close 11,905 square feet of Avenue H and incorporate it into the larger, adjacent site to the east. As such, a modification to the existing Conditional Use Permit is required in order to incorporate this area into the motor vehicles sales and service operation. • The revised concept plan depicts 35,367 square feet of display area. Up to 4,335 square feet of interior landscaping is depicted on the plan, thereby exceeding the minimum display area planting requirement of 4,200 square feet. Additionally, streetscape landscaping is depicted along Bonney Road and Rodriguez Drive, as required. Given that Rodriguez Drive is a dead end street and that a large auto sales operation exists across the street to the east (CARMAX), the applicant is requesting a deviation to the streetscape planting requirements for along this portion of the right-of-way. Additional perimeter landscaping is proposed along the western and southern property lines, as a trade-off for the deviation. • As with the previous Conditional Use Permit, the applicant intends on remodeling the existing 4,949 square-foot building. The rear 3,900 square-foot warehouse building, located behind the main building, will be removed. The existing parapet on the main building will be replaced with a contemporary flat metal parapet composed of offset rectangular panels in multiple shades of blue. A new vestibule feature will also be added in place of the existing doors on the eastern side, and new doors will be installed on the western side of the structure. • The six on-site parking spaces depicted on the concept plan satisfy the parking requirement for motor vehicle sales, as required by the City Zoning Ordinance. Bonney Road VB, LLC Agenda Items 14 & 15 Page 2 lB-2 Zoning Histor Y # Request - Road 1 CUP(Motor Vehicle Sales&Automobile Repair Garage) Approved 10/18/2016 2 CRZ(1-2& B-2 to Conditional B-2)Approved 03/23/2003 A STC Approved 03/23/2003 CUP(Motor Vehicle Sales)Approved 03/23/2003 STC Approved 04/13/1999 /`�� CRZ(0-1 to Conditional 1-1)Approved 07/08/1997 B-2 • � REZ(B-2 to 0-1)Approved 09/28/1993 B-2' STC Approved 09/28/1993 CUP(Mausoleum/Cemetery)Approved 09/28/1993 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Comprehensive Plan Recommendations The subject site is located in the Rosemont Strategic Growth Area (SGA). The Rosemont SGA Plan identifies this area as the "CARMAX Redevelopment site," one of eleven "Development Initiatives" called out as prime areas for redevelopment. The long term vision for this Development Initiative is a townhouse development organized around neighborhood parks and within easy walking distance of a potential transit station (p. 48) Natural and Cultural Resources Impacts This site is located within the Chesapeake Bay watershed. As the site is mostly developed and impervious surfaces, there do not appear to be any significant natural or cultural resources associated with the site. Traffic Impacts Street Name/Type Present Volume Present Capacity Generated Traffic Bonne Road 15,436 ADT 1 22,800 ADT 1(LOS 4"D") Existing Land Use 2—217 ADT y 27,400 ADT 1(LOS 4"E") Proposed Land Use 3—163 ADT 'Average Daily Trips z as defined by 4,900 square 3as defined by 4,900 square feet of car 4 LOS=Level of Service feet of a specialty retail sales center Bonney Road VB, LLC Agenda Items 14& 15 Page 3 Public Utility Impacts Water The site is currently connected to City water. There is an existing 10-inch City water main along Bonney Road and an existing eight-inch City water main along Rodriquez Drive. The existing 5/8-inch meter (City ID#95031217) may be used or upgraded to accommodate the proposed development. Sewer The site is currently connected to City sanitary sewer service. Evaluation and Recommendation Although the auto sales, rental and repair uses are not consistent with the long-term vision outlined in the Rosemont SGA Plan, redevelopment of this parcel into the envisioned transit-oriented residential village is not imminent. The small scale of this proposal in comparison to the massive auto sales establishment to the east and south supports an interim use of this nature. A Viewer's meeting was held pertaining to the portion of Avenue H proposed to be closed and it was determined that a closure of the right-of-way will not result in any public inconvenience. The submitted concept plan depicts a logical layout that adequately addresses required interior display area landscaping. As stated previously, the layout is slightly deficient in terms of the required streetscape landscaping along Rodriguez Drive. Given the predominance of motor vehicle sales in the surrounding area and the dead-end nature of the street, Staff recommends that the requested deviation to this requirement be permitted through the provisions of Section 221 (i) of the Zoning Ordinance, which allows City Council to grant deviations from required landscaping if"for good cause shown upon a finding that there will be no significant detrimental effects on surrounding properties." The existing site has a substandard entrance and substandard sidewalk along the Bonney Road frontage. The Public Works Standards require that commercial entrances have 30 feet of internal throat length from the right-of-way line to the first drive aisle or parking space, which the existing layout of the site does not meet. If the conversion of the property to the proposed uses does not include revisions to meet this requirement, the applicant will be required to provide on-site pavement markings or some other means of creating the minimum throat length at the entrance. No vehicles will be permitted to obstruct the entrance. Based on the considerations above, Staff recommends approval of both requests subject to the conditions below. Recommended Conditions Modification of Conditions (Motor Vehicle Sales & Service; Automobile Repair Garage) All conditions attached to the Conditional Use Permit granted by City Council on October 18, 2016 shall be deleted and replaced with the following: Bonney Road VB, LLC Agenda Items 14 & 15 Page 4 1. The subject site shall be developed and landscaped substantially as depicted on the site exhibit titled, "CONDITIONAL USE PERMIT EXHIBIT FOR JOYNT ENTERPRISES, INC.AUTOMOTIVE SALES," dated September 9, 2017 and prepared by Gallup Surveyors& Engineers. Additional site improvement requirements may also be determined during detailed site plan review. 2. The building facade shall substantially conform to the elevation titled, "PEMBROKE AUTO SALES FRONT ELEVATION," dated 6-28-16 and prepared by RBA,with the exception of the image of the car shall not permitted. 3. The building sign shall be composed of individual letters as shown on the elevation, and any freestanding sign shall be monument-style. A separate sign permit from the Planning Department shall be required for the installation of any new signs. 4. Motor vehicles on display shall be parked only within the display areas shown on the site exhibit referenced in Condition 1 above. 5. No vehicles shall be parked in areas striped for fire lanes, nor shall any vehicle impede or block access to the site. The ingress/egress shall remain open for vehicular access at all times,as depicted on the site exhibit referenced in Condition 1 above. Physical markings shall be added to designate the required 30-foot throat length. 6. No outside paging or amplified music system shall be permitted. 7. There shall be no decorative pennants,feather flags, streamers, air dancers, inflatables or other similar advertising items located on the site. 8. All vehicle repair shall only take place inside the building. 9. No motor vehicles in disrepair or waiting to be repaired shall be stored outside. 10. No outside storage of equipment, parts,or materials shall be permitted. 11. All junk,debris,and other discarded items must be removed from the site. 12. All customers and employees shall park on-site unless a parking agreement is arranged with adjacent properties. Street Closure Conditions 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the"Policy regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area of Avenue H into the applicant's adjoining parcel that the right-of-way would have provided direct access to. The plat must be submitted and approved for recordation prior to the final street closure approval. 3. An appropriately sized public utility easement satisfactory to the Department of Public Utilities shall be dedicated for all public utilities infrastructure located within the portion of the right-of-way to be closed. 4. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. If private utilities do exist,easements satisfactory to the utility company must be provided. Bonney Road VB, LLC Agenda Items 14& 15 Page 5 5. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way,this approval shall be considered null and void. Further conditions maybe 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. Bonney Road VB, LLC Agenda Items 14& 15 Page 6 Proposed Site Layout BO"NNEY ROAD OARWDTN R/W) 0 pt1ME awes"tRIERA xaY•hc .CCS^NG E'MIIANCC TO*DARN m,K 771 woe, !11 Di rL.lE K i.1 _ :. TO IE:� �� ...my A � µ•• EfA rr t • n.Drat lam � r' x •1.rcD.:an .:.+o• "'rte/ p 1: -._- - ulpo'„ k ._ LPIE00050 (.9- I x E4ER 000111 E4 11 nas J D�tE os►A,mt. o �i _ :�.. (TRICAE) 1 {� ) _ i . EXISTING 1 STORY STUCCO. B10CK, a I AND META(BUADING 13825 80NNEY ROAD w •i 1 x • 4.949 Sr OFFICE 2 g b I f^' ;k f ; ,;-°:) NO PARIEMEO or I `-� s,r x C oNUr 4CS . 2.219 Sf SHOP AREA F1R�/�E /� x ;5 wr W +C 7... Pp01Tf:1K •1 z x BE MAID I -- -'- - .IM i q7 1 w, 0 ..ya -.•- -.1Mwr �: t ',1.. SP IYt R ft 9?tOML .�__ F II r-,TO E DEY10910) AE, ;I. /-� ENE OE E7 IUEDew� I t I fp 1E3 E 1013,6101 .v. r� _ - 1 x l�TEST MBr Alb. x .. ike I !`� W .. ! f VIr1 , .J 0 ss..... 200 C 1 x ' •�N,D,Eptt= n„0 C VM 3M1 N �1 x [0a 11- ............... . .-] ,n I Bonney Road VB, LLC Agenda Items 14& 15 Page 7 Proposed Elevations a d 11: 1111 if I8E6 N Q g 00 N _1 E Mill e> 0 illi o Ell z I, -, .I 1111k, ; T . _ i1111$ o till Q w ' ii z , .4: o � > 4 I leLL, . _ 0 1E1WQ zIN J m C75 1 (r) <O 0 WV 1E11 1101 �sw � ce z _ — CO o Z co LL M Bonney Road VB, LLC Agenda Items 14 & 15 Page 8 Street Closure Exhibit h12'1 T.S Ef01BT r,RASED Of 1 '1l L PMUL S'1V.L' Fti+EAAPO BY 59—MEN'. BMW&ASSOCIAIES DATED 6/2/16. DENOIts R/W TO BE CLOSED 1 Ron a MAY AS Sl10Mfi IN T■j =D B 1e711 PG 322 MAD CJI 11.6 132.PG 1 ,N 10 CHESAPEAKE AND POTOMAC 80NNEY ROAD (VAR. WIDTH R/w) l 1ELEPIGL O0 2150PAY OF w16nHA ll EASEwAp1t{0 a 2150,PG 73"' S 7610'30' W N7810'30"L 174.58 x.11 50.39' _MT: — 1 - _.- � �i ft I / W 8 J — 124J1 I 131 F _ I,f1_' 31 cc a• C p O r I r. a z� 0 1251 j; r tG M Z�+ry - _ p o k, `, tS` I NYi^ ` 1 h ` W_gy=m ~ „ z � r ( ,'� W�K3 l 1 VI ` . Z'M r a $ \27 161 1 m^LA. _ -tv !J . n _ i / : 100 06' a (2:9I (6 ti ZZ °"cam S 84'03'16''A - — — /7/.//r/./ S 0710'06" E l9r-) // l 49 98' i''!) - — � r > S 84'05'50" Al k" I (ED) 50 14. PARCEL Z-2 IN 20060118000077391 PARCEL A CPIN: 1487. 33-3397 M.B. 194 P. 98 GPIN: 1487-23-8328 STREET CLOSURE EXHIBIT 11,904.5 S.F. OF AVENUE H ��pL TI1 OA, OCATED BETWEEN 13LJCK5 7 & 7 •‘.• PLAT OF EAST NORFOLK �O t, DMD 3 P. 125. MB 4 P 191) S enucE�Y1 GALLUP .1. To BE CLOSED VIRGINIA BEACH, VIRGINIA 10322 Iv SCALE: 1' = 40' -UNE 6. 2016 6i iGALLUP i SS/OVAL - SURVEYORS ALLNN011ELRS.LID. !2l 11KSI 01011111 R]4] IMONIM KAMM.M1G11,14 1.106 '6-39.:na, trial-t,32 Bonney Road VB, LLC Agenda Items 14 & 15 Page 9 Site Photos Ifflitimr ._:• . . , ., ,. :,... 1 Noe. , . .' • .- '. RODRiGUEZ •-- . k. .• ' • 7,----?-_,. ., "-, - -:?; ', • •. " " ..tidlika ' . ._ , • , __ —- A. .4:h, _ . ..... . .., . _ .., - .. i I ............. .„ .1 . . . • u . . . - .. . I r '1 . . _ .. 1 • - •....Z•ma 11=.1 t••••44*/4/4/44 ..-.• t a'• :Zit- '"iiiiiiiiii"..... -•-4 —•.• - •.......'• .. 4......"'..'"''' ' _ .. I ::. 11111111111111111114i' .'' 1 . . Bonney Road VB, LLC Agenda Items 14 & 15 Page 10 Disclosure Statement pinia Hench APPLICANT'S NAME Bonney Road VB, LLC DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include,but are not limited to,the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers I Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for (EDIP) _. • rBoard of Zoning Encroachment Request Rezoning 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 I 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 CR CITY USE ONLY/All disclosures rst rte updated two to weeks Poor any Page 1 of 7 Nm aur' and Ch Council meetin that attains to the a liufion6l _ o APPLICANT NOTIFIED OF HEARING DATE NO CHANGES AS OF DATE. o REVISIONS SUBMITTED DA'F Bonney Road VB, LLC Agenda Items 14& 15 Page 11 Disclosure Statement Virginia Beach EI Check here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. r Check here if the APPLICANT /$a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Bonney Road VB, LLC If an LLC, list all member's names: Thomas V.Joynt,Sr., President;Thomas V.Joynt,Jr.,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 t or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotest and 2 • ♦ SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if nanny owner is different from Antillean. ❑ 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 Bonney Road VB, LLC Agenda Items 14& 15 Page 12 Disclosure Statement Virginia Beach If a Corporation, list the names ofall officers, directors, members,trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) I 'Parent-subsidiary relationship' means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation" See State and local Government Conflict of Interests Act,Va. Code§2.2-3101. 2 "Affiliated business entity relationship" means 'a relationship, other than parent-subsidiary relationship,that exists when(I)one business entity has a controlling ownership interest In the other business entity,(ii)a controlling owner In one entity is also a controlling owner In the other entity,or (Ill) there is shared management or control between the business entitles. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entitles share the use of the same offices or employees or otherwise share actMlties, 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. a e SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subiect of the annliration or any business operating or to be operated on the Prooerty. 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 Bonney Road VB, LLC Agenda Items 14& 15 Page 13 Disclosure Statement APPLICANT 34th • YES NO SERVICE PROVIDER(useaddmono sheets It needed) E Accounting and/or preparer of • Jones,Madden,Council your tax return ® n Architect/Landscape Architect/ Retnauer Baynes Associates,LW I I Land Planner ❑ Contract Purchaser(If other than the AoollcanU-identify purchaser and purchasers service providers Any other pending or proposed ❑ ® purchaser of the subject property (identify purchaser(s)and purchasers service providers) `aN Construction Contractors • ❑ Engineers/Surveyors/Agents .Gallup Surveyors&Engineers,Ltd. Financing(Include current Applicant has banking relatonship Z ❑ mortgage holders and lenders w tl TowneBank selected or being considered to provide financing for acquisition �'�l or construction of the property) ® 1 I Legal Services Sykes.Bourdon,Ahem&Levy,P.C. Real Estate Brokers / ❑ I01 Agents/Realtors for current and W 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 ❑ WI 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 Bonney Road VB, LLC Agenda Items 14& 15 Page 14 Disclosure Statement YL 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. d__ Bonney Roed 144 By By c, , Thomas V.Joynt,Jr.,VP 10/09/17 APPLICANT'S SIGNATURE PRINT NAME DATE_ Page 5 of 7 Bonney Road VB, LW Agenda Items 14& 15 Page 15 Item#14& 15 Bonney Road VB, L.L.C. Discontinuance,closure and abandonment of an unimproved portion on the Southside of Avenue "H" Modification of Conditions 3825 Bonney Road District 5 Lynnhaven November 8,2017 CONSENT An application of Bonney Road VB, L.L.C.for a Discontinuance, closure and abandonment of a portion of unimproved portion of Avenue "H" and an application of Bonney Road,VB, L.L.C.for a Modification of Conditions on property located at 3825 Bonney Road, District 5, Lynnhaven. GPIN: 1487-33-0781-0000. CONDITIONS MODIFICATION OF CONDTIONS(Motor Vehicle Sales&Service;Automobile Repair Garage) 1. The subject site shall be developed and landscaped substantially as depicted on the site exhibit titled, "CONDITIONAL USE PERMIT EXHIBIT FOR JOYNT ENTERPRISES, INC.AUTOMOTIVE SALES," dated September 9, 2017 and prepared by Gallup Surveyors&Engineers. Additional site improvement requirements may also be determined during detailed site plan review. 2. The building façade shall substantially conform to the elevation titled, "PEMBROKE AUTO SALES FRONT ELEVATION," dated 6-28-16 and prepared by RBA, with the exception of the image of the car shall not permitted. 3. The building sign shall be composed of individual letters as shown on the elevation,and any freestanding sign shall be monument-style. A separate sign permit from the Planning Department shall be required for the installation of any new signs. 4. Motor vehicles on display shall be parked only within the display areas shown on the site exhibit referenced in Condition I above. 5. No vehicles shall be parked in areas striped for fire lanes, nor shall any vehicle impede or block access to the site. The ingress/egress shall remain open for vehicular access at all times, as depicted on the site exhibit referenced in Condition 1 above. Physical markings shall be added to designate the required 30-foot throat length. 6. No outside paging or amplified music system shall be permitted. 7. There shall be no decorative pennants,feather flags,streamers, air dancers, inflatables or other similar advertising items located on the site. 8. All vehicle repair shall only take place inside the building. 9. No motor vehicles in disrepair or waiting to be repaired shall be stored outside. 10. No outside storage of equipment, parts,or materials shall be permitted. Item#14& 15 Bonney Road VB, L.L.C. Page 2 11. All junk, debris,and other discarded items must be removed from the site. 12. All customers and employees shall park on-site unless a parking agreement is arranged with adjacent properties. STREET CLOSURE 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy regarding Purchase of City's Interest in Streets Pursuant to Street Closures,"approved by City Council. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area of Avenue H into the applicant's adjoining parcel that the right-of-way would have provided direct access to. The plat must be submitted and approved for recordation prior to the final street closure approval. 3. An appropriately sized public utility easement satisfactory to the Department of Public Utilities shall be dedicated for all public utilities infrastructure located within the portion of the right-of-way to be closed. 4. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. If private utilities do exist,easements satisfactory to the utility company must be provided. 5. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way,this approval shall be considered null and void. A motion was made by Commissioner Oliver and seconded by Commissioner Ripley to approve item 14 & 15 Ronald Ripley: I am a member of the Towne Bank Advisory Board in Chesapeake,and the application has disclosed Towne Bank as their lender. I will be voting on this matter since I have no interest in the application and Towne Bank is not the applicant and since the Planning Commission is advisory and has no control over the final decision. There is also a disclosure letter on file with the clerk as additional disclosure. AYE 10 NAY 0 ABS 0 ABSENT 1 HODGSON AYE HORSLEY AYE INMAN ABSENT KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE Item#14& 15 Bonney Road VB, L.L.C. Page 3 WALL AYE WEINER AYE By a vote of 10-0,the Commission approved item 14& 15 for consent. Eddie Bourdon appeared before the Commission on behalf of the applicant. ,I II , II 'i it I II I, II: II I III I I 1 I I \II 11 II \l 111 y II I I NIT11 '• 1 I, Rodriquez Drive N1 i1,1 m I I . e N 'IIIIIIIIIIILIAkkt Ill �1N\ 'r / II / I m` 1 I. N I • / i, Oa -ate o T , �C 11. -� T d O til, d Sa ', II N ii1 CO ► • I I � � I , II �I I limy. Happy Street 11 'I� Lynn Shores Drive A ;I 41 I - i I I I I A II, I I II N 1 ---\ ` II , W .-1----- 01 -1 r n N IIII ,ill Q II III ill I m I,I �I : , I '� , II I, ,� 'I II I I, �i I I I,' II 'I ', it I ': I I � , I Ii. II CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: BONNEY ROAD VB, LLC [Applicant & Property Owner] Modification of Conditions (Motor Vehicle Sales & Auto Repair Garage approved by City Council in 2016) on the property located at 3825 Bonney Road (SPIN 1487330781), COUNCIL DISTRICT— LYNNHAVEN. MEETING DATE: December 12, 2017 • Background: In October 2016, Conditional Use Permits for Motor Vehicle Sales and an Automobile Repair Garage were approved on this site. Since that time, the applicant has contracted to purchase the underlying fee in the adjacent street, Avenue H, and a Street Closure application will also be considered under separate cover. Based on this, a modification to the existing Conditional Use Permit is requested in order to incorporate the 11,905 square feet of Avenue H into the site. As with the previous Conditional Use Permit, the applicant intends to remodel the existing 4,949 square-foot building. The revised concept plan depicts plantings in excess of all requirements with the exception of a deviation to the streetscape landscaping along Rodriguez Drive. Given that Rodriguez Drive is a dead end street and that a large auto sales operation (CARMAX) exists across the street to the east, the applicant is requesting that no plantings be required on this portion of the site. Additional perimeter landscaping is proposed along the western and southern property lines, as a trade-off for the deviation. • Considerations: Although the auto sales, rental and repair uses are not consistent with the long- term vision outlined in the Rosemont SGA Plan, redevelopment of this parcel into the envisioned transit-oriented residential village is not imminent. The small scale of this proposal in comparison to the large auto sales establishment to the east and south supports this as an interim use of the property. Further details pertaining to the request, as well as Staff's evaluation of the request, are provided in the attached Staff report. There is no known opposition to this request. • Recommendations: City Staff recommends approval of this request. The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request. Bonney Road VB, LLC Page 2 of 3 All conditions attached to the Conditional Use Permit granted by City Council on October 18, 2016 shall be deleted and replaced with the following: 1. The subject site shall be developed and landscaped substantially as depicted on the site exhibit titled, "CONDITIONAL USE PERMIT EXHIBIT FOR JOYNT ENTERPRISES, INC. AUTOMOTIVE SALES," dated September 9, 2017 and prepared by Gallup Surveyors & Engineers. Additional site improvement requirements may also be determined during detailed site plan review. 2. The building facade shall substantially conform to the elevation titled, "PEMBROKE AUTO SALES FRONT ELEVATION," dated 6-28-16 and prepared by RBA, with the exception of the image of the car shall not permitted. 3. The building sign shall be composed of individual letters as shown on the elevation, and any freestanding sign shall be monument-style. A separate sign permit from the Planning Department shall be required for the installation of any new signs. 4. Motor vehicles on display shall be parked only within the display areas shown on the site exhibit referenced in Condition 1 above. 5. No vehicles shall be parked in areas striped for fire lanes, nor shall any vehicle impede or block access to the site. The ingress/egress shall remain open for vehicular access at all times, as depicted on the site exhibit referenced in Condition 1 above. Physical markings shall be added to designate the required 30-foot throat length. 6. No outside paging or amplified music system shall be permitted. 7. There shall be no decorative pennants, feather flags, streamers, air dancers, inflatables or other similar advertising items located on the site. 8. All vehicle repair shall only take place inside the building. 9. No motor vehicles in disrepair or waiting to be repaired shall be stored outside. 10. No outside storage of equipment, parts, or materials shall be permitted. 11. All junk, debris, and other discarded items must be removed from the site. 12. All customers and employees shall park on-site unless a parking agreement is arranged with adjacent properties. Bonney Road VB, LLC Page 3 of 3 • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting De a ency: Planning Departmen �LtLNF �e City Manager: Applicant & Property Owner Bonney Road VB, LLCNB Agenda Items Public Hearing November 8, 2017 14 & 15 City Council Election District Lynnhaven Virginia Beach Requests 1 Modification of Conditions (Motor Vehicle Sales & Rental; Automobile Repair Garage) t y Virginia Beach aoulera.d Street Closure (Avenue H) s I i Firit:1 Staff Recommendation 9 "` Poed c Approval & s z I a i Staff Planner 1 a Jimmy McNamara Q Location M¢m¢ssRoad 1.64 vaattvucc t 3825 Bonney Road &Avenue H i. G¢Oc¢q"PI¢c¢ GRIN So'"``Ki` 1487330781 Site Size 1.18 acres AICUZ Less than 65 dB DNL �,. 1 6 1 Existing Land Use and Zoning District Vacant commercial, warehouse building, t om' "' ' .4?,#' r f� ; storage yard / B-2 Community Business �,`;, ,` ., - a` w - i¢ tiff -• Surrounding Land Uses and Zoning Districts -r, It North '4,..Iii IA'; If 1 •,, Bonney Road ,- t EFF SFHrElt!XV Billboards/ B-2 Community Business ) . ' 1 1 ,�, M „wit P E� South & East .. !Veit0 .f1,� ` !iltl ��! Auto sales/Conditional B-2 Community , , ; -;,.: ;.1.+r4 _,. E ��t of*, Business 1 trm! tt •West ' .* ,- t Ttct 1� f !`h E[ t!¢ t+ Mixed commercial/ B-2 Community Business EtEFEFFI� tttl ! it,r tir Fe ! t.� E« Bonney Road VB, LLC Agenda Items 14 & 15 Page 1 Background and Summary of Proposal • In October 2016, Conditional Use Permits for Motor Vehicle Sales and an Automobile Repair Garage were approved on this site; however, it has not been activated, as the applicant has not yet begun operations or made modifications to the site. • The applicant also submitted a Street Closure application along with the Conditional Use Permit with the intention of incorporating that portion of the right-of-way(Avenue H) into the site for automobile sales display area. However, based upon several issues, the application was never heard and the Conditional Use Permit was approved without the additional area of the right-of-way being incorporated into the site. • Since that time, the applicant has contracted to purchase the underlying fee in the street and desires to close 11,905 square feet of Avenue H and incorporate it into the larger, adjacent site to the east. As such, a modification to the existing Conditional Use Permit is required in order to incorporate this area into the motor vehicles sales and service operation. • The revised concept plan depicts 35,367 square feet of display area. Up to 4,335 square feet of interior landscaping is depicted on the plan, thereby exceeding the minimum display area planting requirement of 4,200 square feet. Additionally, streetscape landscaping is depicted along Bonney Road and Rodriguez Drive, as required. Given that Rodriguez Drive is a dead end street and that a large auto sales operation exists across the street to the east (CARMAX), the applicant is requesting a deviation to the streetscape planting requirements for along this portion of the right-of-way. Additional perimeter landscaping is proposed along the western and southern property lines, as a trade-off for the deviation. • As with the previous Conditional Use Permit, the applicant intends on remodeling the existing 4,949 square-foot building. The rear 3,900 square-foot warehouse building, located behind the main building, will be removed. The existing parapet on the main building will be replaced with a contemporary flat metal parapet composed of offset rectangular panels in multiple shades of blue. A new vestibule feature will also be added in place of the existing doors on the eastern side, and new doors will be installed on the western side of the structure. • The six on-site parking spaces depicted on the concept plan satisfy the parking requirement for motor vehicle sales, as required by the City Zoning Ordinance. Bonney Road VB, LLC Agenda Items 14 & 15 Page 2 lg 2' - Zoning History # Request N d o xi Bonne)?ROa 1 CUP(Motor Vehicle Sales&Automobile Repair Garage) Q. Approved 10/18/2016 / 2 CRZ(1-2& B-2 to Conditional B-2)Approved 03/23/2003 8- __ A STC Approved 03/23/2003 0 CUP(Motor Vehicle Sales)Approved 03/23/2003 .." •a STC Approved 04/13/1999 • /�� CRZ(0-1 to Conditional I-1 Approved 07/08/1997 11 B-2 I" CRZ P • REZ(B-2 to 0-1)Approved 09/28/1993 B-2' STC Approved 09/28/1993 CUP(Mausoleum/Cemetery)Approved 09/28/1993 Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Comprehensive Plan Recommendations The subject site is located in the Rosemont Strategic Growth Area (SGA). The Rosemont SGA Plan identifies this area as the "CARMAX Redevelopment site," one of eleven "Development Initiatives" called out as prime areas for redevelopment. The long term vision for this Development Initiative is a townhouse development organized around neighborhood parks and within easy walking distance of a potential transit station (p. 48) Natural and Cultural Resources Impacts This site is located within the Chesapeake Bay watershed. As the site is mostly developed and impervious surfaces, II there do not appear to be any significant natural or cultural resources associated with the site. Traffic Impacts Street Name/Type Present Volume Present Capacity Generated Traffic Bonney Road 15,436 ADT' 22,800 ADT'(LOS 4`D") Existing Land Use a_217 ADT 27,400 ADT (LOS "E") Proposed Land Use 163 ADT 'Average Daily Trips las defined by 4,900 square Sas defined by 4,900 square feet of car 4 LOS=Level of Service feet of a specialty retail sales center Bonney Road VB, LLC Agenda Items 14 & 15 Page 3 Public Utility Impacts Water The site is currently connected to City water. There is an existing 10-inch City water main along Bonney Road and an existing eight-inch City water main along Rodriquez Drive. The existing 5/8-inch meter(City ID#95031217) may be used or upgraded to accommodate the proposed development. Sewer The site is currently connected to City sanitary sewer service. Evaluation and Recommendation Although the auto sales, rental and repair uses are not consistent with the long-term vision outlined in the Rosemont SGA Plan, redevelopment of this parcel into the envisioned transit-oriented residential village is not imminent. The small scale of this proposal in comparison to the massive auto sales establishment to the east and south supports an interim use of this nature. A Viewer's meeting was held pertaining to the portion of Avenue H proposed to be closed and it was determined that a closure of the right-of-way will not result in any public inconvenience. The submitted concept plan depicts a logical layout that adequately addresses required interior display area landscaping. As stated previously, the layout is slightly deficient in terms of the required streetscape landscaping along Rodriguez Drive. Given the predominance of motor vehicle sales in the surrounding area and the dead-end nature of the street, Staff recommends that the requested deviation to this requirement be permitted through the provisions of Section 221 (i) of the Zoning Ordinance, which allows City Council to grant deviations from required landscaping if"for good cause shown upon a finding that there will be no significant detrimental effects on surrounding properties." The existing site has a substandard entrance and substandard sidewalk along the Bonney Road frontage. The Public Works Standards require that commercial entrances have 30 feet of internal throat length from the right-of-way line to the first drive aisle or parking space, which the existing layout of the site does not meet. If the conversion of the property to the proposed uses does not include revisions to meet this requirement, the applicant will be required to provide on-site pavement markings or some other means of creating the minimum throat length at the entrance. No vehicles will be permitted to obstruct the entrance. Based on the considerations above, Staff recommends approval of both requests subject to the conditions below. Recommended Conditions Modification of Conditions (Motor Vehicle Sales &Service; Automobile Repair Garage) All conditions attached to the Conditional Use Permit granted by City Council on October 18, 2016 shall be deleted and replaced with the following: Bonney Road VB, LLC Agenda Items 14 & 15 Page 4 1. The subject site shall be developed and landscaped substantially as depicted on the site exhibit titled, "CONDITIONAL USE PERMIT EXHIBIT FOR JOYNT ENTERPRISES, INC.AUTOMOTIVE SALES," dated September 9, 2017 and prepared by Gallup Surveyors& Engineers. Additional site improvement requirements may also be determined during detailed site plan review. 2. The building facade shall substantially conform to the elevation titled, "PEMBROKE AUTO SALES FRONT ELEVATION;' dated 6-28-16 and prepared by RBA, with the exception of the image of the car shall not permitted. 3. The building sign shall be composed of individual letters as shown on the elevation, and any freestanding sign shall be monument-style. A separate sign permit from the Planning Department shall be required for the installation of any new signs. 4. Motor vehicles on display shall be parked only within the display areas shown on the site exhibit referenced in Condition 1 above. 5. No vehicles shall be parked in areas striped for fire lanes, nor shall any vehicle impede or block access to the site. The ingress/egress shall remain open for vehicular access at all times, as depicted on the site exhibit referenced in Condition 1 above. Physical markings shall be added to designate the required 30-foot throat length. 6. No outside paging or amplified music system shall be permitted. 7. There shall be no decorative pennants,feather flags,streamers, air dancers, inflatables or other similar advertising items located on the site. 8. All vehicle repair shall only take place inside the building. 9. No motor vehicles in disrepair or waiting to be repaired shall be stored outside. 10. No outside storage of equipment, parts,or materials shall be permitted. 11. All junk, debris, and other discarded items must be removed from the site. 12. All customers and employees shall park on-site unless a parking agreement is arranged with adjacent properties. Street Closure Conditions 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area of Avenue H into the applicant's adjoining parcel that the right-of-way would have provided direct access to. The plat must be submitted and approved for recordation prior to the final street closure approval. 3. An appropriately sized public utility easement satisfactory to the Department of Public Utilities shall be dedicated for all public utilities infrastructure located within the portion of the right-of-way to be closed. 4. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. If private utilities do exist,easements satisfactory to the utility company must be provided. Bonney Road VB, LLC Agenda Items 14 & 15 Page 5 5. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way,this approval shall be considered null and void. 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. Bonney Road VB, LLC Agenda Items 14& 15 Page 6 Proposed Site Layout 90{4NEY ROAD (VAR 'MDTN R/011 _4$'10..1 if rrg• .Er 5-1.6 EWAa>r'E '0 1Ewr. xix, _�� x Sia'3�ia"[ ..,_...— A.,77,-,, V, 7 i •` ,! /��/� MY ye 111 A• • ayOt • „ /, 4 • _ x .—ik. ' `a Ali 1' y LvAcvasco :7E_ oo rw0CO*oi0G nays !�7s3]J 1: (AMA,>NU j b •-• uA �C.l),,/0 ,�1 ExIST:NG , STORY S1UCC0, BLOCK, R a �j AVD NETA�BUlDk1G N 3625 BONNET ROAD I W -- ..... �,� ,) 4,949 Sr OFFICE i _ �� ' i €Eifs i * ` D7R..aAEa a PARKMG� I.o Itil- � ,�� 2,219 5 c SnOP AREA FIRE J LANE . I1 * _"i for 0 0 WAVY UK * i �roa€rip46 0 , If Ill If:•• ID Fr aL p7 1 ,ill LK 1 0 8:18224 — — ro lif Dorxsm - � — !„ =�1T * .rs sT T � T xTit ,, ° al56.OJ1"1 200 00 I * I *.ACEI 2 D 20D 17-33-3)' of, ty1-3l-3M• �/ i 10[0 1-> x 1 Bonney Road VB, LLC Agenda Items 14& 15 Page 7 Proposed Elevations • ill CO ip Jill itF r .. aO v, if - ry O a -, F- all iiiii O all Z ®, 111 MI Ilin all IL R IIII .11r1IFyLIL 1! jil w 11 Q leC w V)u il U: E iizpv co No NE N Q Z r amp 001 ii w WOce} � ° Z mo E m w O Bonney Road VB, LLC Agenda Items 14 & 15 Page 8 Street Closure Exhibit NC.!E. TrtiS JU161! a Hall. .1 C t. -LMn;?1,±! a .tr•t• FGF�1,41, l'`' 51[PNENI.NOM & A,,' Lit', -., Li r-.1, —7—---1 DENOTES R/W TO BE CLOSED ` MGM 01 NAY AS NONA IN n e 1x711 PG 777 ANo � J1 1 N E. 137.PG 1 /P 10 CPICSAPEINE AND POTOMAC BONNEY ROAD (VAR. WIDTH R/W) ASfh[NT{°eM4Y OfPc A S 7810'30' V( N7870'30"t- 174.58 50.39. �ntv., - ,71 } 1 %.1...1�} ,p1 11,,E r./. _ 1231 II CZ} — ' - — — f- l7r} ;71 0 ago } r} J W; ,. ... / 8 — (7, 113. E 7S) 3} miz"~ p o Q m/— u r m in.,} u.g !ii: "v WJ>rI } 151 v M — 4m' k2_,, � l , is1 <�n 151 i ' ''/ T a 111 a 1211 I 161 o a z > - Z } 4 m ` 1J LJ 271 } Y- l� I �7. p z f% / X79} �6} :! A t 100.00. lam} 81 i Pion S 84.03'16'W _{ -- -- - 'lS 07'10'06" E t ' / 49.98' 79} I II) , r i 1!1., `t0} o.rr>S 84 05'50" w J PARCEL Z-2 IN 20060118000077390 PARCEL A GPIN: 1487 33 3397 M.B. 194 P. 98 GPIN: 1497-23-832B STREET CLOSURE EXHIBIT 11,904.5 S.F. OF AVENUE H +4i,ALT/I Ot l� .Cr4ATEL LILIWat, BL'JCkS 7 & 9 PLAT OF EAST NORFOLK (M.8 3 P. 175, M B 4 P 191) BRUCi GALLUP y TO BE CLOSED 0. VIRGINIA BEACH. VIRGINIA f 10322 4: SCALE: 1' - 40' JAL 6. 2016 6/7/16 FsclaNAl. EYE\ GALLUP 9.04YoR5&ENOKtERS, 11U. !U ret CO..0111.4 IM.CI moi.KALI.. ' II 2.545. C, 16- 3''' 5 V 175714,11-vv Bonney Road VB, LLC Agenda Items 14 & 15 Page 9 Site Photos ►n " r;. yE — RODRI Et • \•. • for----.. / u _....- .� .� ILA ,..� .3 ' .. .,,_. .. .IIIIIPlg } • SMO ..... --.„- 1 - •`f. t $ ' 11 "'- . 1 r+r' Bonney Road VB, LLC Agenda Items 14 & 15 Page 10 Disclosure Statement hL iaia Beat APPLICANT'S NAME Bonney Road VB, LLC DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to,the following: Acquisition of Property I Disposition of City Conditions of by City Property I l Conditions or Proffers Alternative Economic Development [ Nonconforming Use 1 Compliance,Special Investment Program ; Changes Exception for. _ fEDIP) B oard of Zoning Encroachment Request Rezoning I Appeals_. Certificate of Floodplain Variance Appropriateness I — --' Street Closure (Historic Review Board) Franchise Agreement I Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance B oard 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 OWL V/All disclosuwa must be update('two 121 weeks Prior o any Page I of 7 Plannm Commission ane Cit Cou-cil rieenn that ertams to the _n(s) p APPLICANT S Oro OF HEARING UA r /t McNamara OSN• O CHANCES AS Asa LL-I Il/�/ /Z //IVI' Jimmy o R• EVISIONS SUBMITTED DICE Bonney Road VB, LLC Agenda Items 14& 15 Dace '11 Disclosure Statement Virginia Beach If a Corporation, Ilst the names ofall officers, directors, members,trustees, etc. below: (Attach list If necessary) (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) '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§22-3101. 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 Ilii) there is shared management or control between the business entitles. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;Mere 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.Codes 2.2-3101. • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subiect of the application or any business operating or to beoperated on the laperty. 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 Bonney Road VB, LLC Agenda Items 14& 15 Page 13 Disclosure Statement APPLICANT 3nia Beach YES NO SERVICE - I PROVIDER(use additional sheetsif eedrdl_ EH Accounting and/or preparer of Jones,Madden,Council I- your tax return ❑ Architect/Landscape Architect/ IRetnauer Baynes Associates,LLC Land Planner Contract Purchaser(if other than ❑ 1I A the Aoolkant)-Identify purchaser and purchasers service providers rAny other pending or proposed H ! purchaser of the subject property I f �� (identify purchase*)and purchaser's service providers) l`�� Construction Contractors IXI Engineers/Surveyors/Agents Gallup Surveyors&Engineers,Ltd. Financing(Include current Applicant has banking relationship ® ❑ mortgage holders and lenders 'with TowneBank selected or being considered to provide financing for acquisition or construction of the property) ® ❑ Legal Services - Sykes,Bourdon,Ahern&Levy,P.C. 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 ❑ w '. 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 Bonney Road VB, LLC Agenda Items 14& 15 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.Pp n. Bonney Road's LL� 1 B C, Thomas V.Joynt,Jr.,VP 10/09/17 y APWCANT'S SIGNATURE PRINT NAME DATE Page 5 of 7 Bonney Road VB, LLC Agenda Items 14& 15 Page 15 Item#14& 15 Bonney Road VB, L.L.C. Discontinuance, closure and abandonment of an unimproved portion on the Southside of Avenue"H" Modification of Conditions 3825 Bonney Road District 5 Lynnhaven November 8, 2017 CONSENT An application of Bonney Road VB, L.L.C.for a Discontinuance,closure and abandonment of a portion of unimproved portion of Avenue"I-I" and an application of Bonney Road,VB, L.L.C.for a Modification of Conditions on property located at 3825 Bonney Road, District 5, Lynnhaven. GPIN: 1487-33-0781-0000. CONDITIONS MODIFICATION OF CONDTIONS(Motor Vehicle Sales&Service;Automobile Repair Garage) 1. The subject site shall be developed and landscaped substantially as depicted on the site exhibit titled,"CONDITIONAL USE PERMIT EXHIBIT FOR JOYNT ENTERPRISES, INC.AUTOMOTIVE SALES," dated September 9,2017 and prepared by Gallup Surveyors&Engineers. Additional site improvement requirements may also be determined during detailed site plan review. 2. The building facade shall substantially conform to the elevation titled, "PEMBROKE AUTO SALES FRONT ELEVATION," dated 6-28-16 and prepared by RBA,with the exception of the image of the car shall not permitted. 3. The building sign shall be composed of individual letters as shown on the elevation,and any freestanding sign shall be monument-style. A separate sign permit from the Planning Department shall be required for the installation of any new signs. 4. Motor vehicles on display shall be parked only within the display areas shown on the site exhibit referenced in Condition 1 above. 5. No vehicles shall be parked in areas striped for fire lanes, nor shall any vehicle impede or block access to the site. The ingress/egress shall remain open for vehicular access at all times,as depicted on the site exhibit referenced in Condition 1 above. Physical markings shall be added to designate the required 30-foot throat length. 6. No outside paging or amplified music system shall be permitted. 7. There shall be no decorative pennants,feather flags, streamers,air dancers, inflatables or other similar advertising items located on the site. 8. All vehicle repair shall only take place inside the building. 9. No motor vehicles in disrepair or waiting to be repaired shall be stored outside. 10. No outside storage of equipment, parts, or materials shall be permitted. Item#14&15 Bonney Road VB, L.L.C. Page 2 11. All junk, debris, and other discarded items must be removed from the site. 12. All customers and employees shall park on-site unless a parking agreement is arranged with adjacent properties. STREET CLOSURE 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the"Policy regarding Purchase of City's Interest in Streets Pursuant to Street Closures,"approved by City Council. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area of Avenue H into the applicant's adjoining parcel that the right-of-way would have provided direct access to. The plat must be submitted and approved for recordation prior to the final street closure approval. 3. An appropriately sized public utility easement satisfactory to the Department of Public Utilities shall be dedicated for all public utilities infrastructure located within the portion of the right-of-way to be closed. 4. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. If private utilities do exist,easements satisfactory to the utility company must be provided. 5. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way,this approval shall be considered null and void. A motion was made by Commissioner Oliver and seconded by Commissioner Ripley to approve item 14 & 15 Ronald Ripley: I am a member of the Towne Bank Advisory Board in Chesapeake,and the application has disclosed Towne Bank as their lender. I will be voting on this matter since I have no interest in the application and Towne Bank is not the applicant and since the Planning Commission is advisory and has no control over the final decision. There is also a disclosure letter on file with the clerk as additional disclosure. AYE 10 NAY 0 ABS 0 ABSENT I HODGSON AYE HORSLEY AYE INMAN ABSENT KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE Item#14& 15 Bonney Road VB, L.I.C. Page 3 WALL AYE WEINER AYE By a vote of 10-0,the Commission approved item 14& 15 for consent. Eddie Bourdon appeared before the Commission on behalf of the applicant. 1-i• 4s,jelLee'-ig: •kli, .. oit .4) OA, 01117‘ ' v 0 2 :::, • -! '-'. if dop -4 -Kba - o '41fr ..•, 1101-11' _I • 11 _Vir - I l' vAtig, W. tt In Z , 011.1 . 11 15,1 it I 61 -,-,-,' N\_;_,. IL. ...,.. „ u ‘,.\ . \ -11111Pailzb“i4,,tv% 111 0 ,c-`, 7 (---1l" -.I A,. ,,, \ .-,._ _ -9A/tick- isle.: 7 ja Ce .4. ' ."\s„ 4' 44ta ..tif ,r ,....:.:, Ter eii '') ,..__7. a)-4 0 0 a- 1,... w 4t) , :-.1_,..:••••_:.„..4, 0 4- 4a a 0 48,8 .. p IL ma Ci S.Sk ''•-•,::-.•o- 11. ot i' \I3 . L 13 rib ---- 1 IX Itti. a 1 4 OP .; 66., kalk‘ ' ' •._- --, , 01 a a 6 0 z ft .., • %A ..,..>v I • Ce ill' • CO iCil " ' 71/ ...,. ,....; Cfr T-1 . 1 , Tr i':.:0,•' i ..,..0,'..• Ca 1:3 (.4 i *e` a . ....• . V I Tim ill , ier1 ,t • I . .. I i, .._,- IL, I - I 1 4 7ti„.__,T, ci: -/- N 00/10111" .'- lerila L3piNgi , • r.- ----j Nom 7 gr. fit. 0 ,, . 10 -wag la NMI Spailim '0Iamme %re 01 ._ 7 I --ER . 4.0 Illitir tri.' - 7 .... _ .„..-----,---- wi, I ,I I, •, _.,,----: lorft i lot _ ..____.... sir It ° -Le _, --;;------ _4. ...-_,-_--i_. , _,...„--, • [ rr4ini:C•, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH, DEPARTMENT OF AQUARIUMS & MUSEUMS [Applicant & Property Owner] MAJOR ENTERTAINMENT VENUE SIGNAGE for the property located at 717 General Booth Boulevard & 928 S. Birdneck Road (GPINs 2416987653, 2416758858), COUNCIL DISTRICT— BEACH. MEETING DATE: December 12, 2017 • Background: On December 6, 2016, City Council adopted an Ordinance that added "Aquariums" to the definition of a "Major Entertainment Venue." Per Section 218 of the City Zoning Ordinance, the sign package for major entertainment venues must be approved by City Council. The Virginia Aquarium and Marine Science Center (Aquarium)wishes to make significant modifications to their signage, and therefore this application has been submitted. A summary of the sign package is as follows. Two new, 16-feet tall, free-standing signs with an LED screen are proposed, one at each primary entrance to the Aquarium. An additional building sign is proposed over the entrance to the Pavilion Building. Signs identifying parking areas throughout the property; and temporary fabric banners on light poles, and inflatables on the main building are also proposed. Details and renderings of these signs are depicted within the attached Staff report. • Considerations: Major entertainment venues are critical to Virginia Beach, as they draw a large number of visitors to Virginia Beach each year. The Aquarium attracts more than 600,000 visitors per year, making it the number one cultural attraction in Hampton Roads. The submitted sign package will provide stronger recognition for the Aquarium, clearly articulate current or upcoming events and exhibits, and create consistency with the Aquarium's branding efforts. Further details pertaining to the request, as well as Staffs evaluation of the request, are provided in the attached Staff report. There is no known opposition to this request. • Recommendations: City Staff recommends approval of this request. The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request. City of Virginia Beach, Department of Aquariums & Museums Page 2 of 2 1. When installed, all signage shall be in substantial conformance to the submitted sign package entitled, "VIRGINIA AQUARIUM, VAQ-057-EXTERIOR SIGNAGE," dated July 26, 2017 and prepared by Otto Design + Marketing. This sign package is included in this report and will remain on file in the Department of Planning and Community Development. 2. Landscaping, with a minimum area of seventy-five (75) square feet of area shall be planted around the base of the free-standing signs located at each entrance and all parking signs. Landscaping shall be maintained and replaced if dead or dying. 3. The temporary banner or inflatable located on the main aquarium building must be related to an exhibit or event located on the aquarium site. 4. Permits must be obtained from the Department of Planning, Zoning Division prior to the installation of any permanent signage. 5. Temporary signs and banners shall be maintained in good condition, absent of any rips, tears, fading or other aesthetic deformities. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Depart Agency: Planning Departmentgt&mitieki „It City Manage ��lT NIApplicant & Property Owner City of Virginia Beach, Department Agenda Item of Aquariums & Museums 1 Public Hearing November 8, 20176 City Council Election District Beach Virginia Beach °� Request G°Id,b.,° ge Major Entertainment Venue Signage 0..Creek lane �4oa t c .1s Staff Recommendation AOZz i Approval Staff Planner e obs Lsntl 70-75 dB ON •^Nsa+OsN Csed,.Road o oar Kevin Kem R.0,•..49lA , 65-70d8DNL p >75 dB DNL d ,r s� o Location Q a 717 General Booth Boulevard & 928 S. Birdneck r!4'•°^4,7;„ hy� W CZ ,rent, :` an6r Road g � � IIeR Road ° a ` m GPINs nPZ 1 e•rdne<k Road 2416987653, 2416758858 1/ -_�— Site Size 61 acres AICUZ Greater than 75 dB DNL Watershed Atlantic Ocean /...t:..,A Existing Land Use and Zoning District -., ' It Aquarium / P-1 Preservation ""! • '`� ,! , ; o,, 1,,l.;ni, Y Surrounding Land Uses and Zoning Districts ie+�s"ROad • • North oz .4 °', Undeveloped Wooded Area / R-7.5 Residential or`r. " *oa .° South y . s •N' .„-1 Outdoor Recreation Facility/ B-2 Community \ "` . ;w �.y�( �4 , 0- , t. a e� T`,thst- tori , � `� r Business le! �' East ��o -17 •ti �,,,., j� Lake Rudee/ R-10 Residential ''a,,,,, t * ,e , , , , West Camp Pendleton/ P-1 Preservation City of Virginia Beach, Dept. of Aquariums & Museums Agenda Item 6 Page 1 Background and Summary of Proposal On December 6, 2016, City Council adopted an Ordinance that added "Aquariums" to the definition of a "Major Entertainment Venue." Per Section 218 of the City Zoning Ordinance, the signage package for major entertainment venues must be approved by City Council. All dimensional requirements and regulations are determined with City Council's approval.The Virginia Aquarium and Marine Science Center wishes to make significant modifications to their signage, and therefore this application has been requested. The details of the proposed signage package are identified below: 1. Free-standing Signs- New free-standing signs are proposed at each primary entrance to the aquarium facilities. The proposed signs will be in the same location as the existing free-standing signs, however, will increase in size and visibility.The proposed signs will each be sixteen (16)feet in height, ten (10)feet in width, and have a three (3)foot depth. Each sign will feature the name and logo of the aquarium, an LED screen, and the address of the facility on each face. The LED sign will display events and exhibits that are currently or forthcoming at the facility. The proposed signs will be both backlit in certain areas, and illuminated using exterior(spot) lighting. Landscaping will be planted around the base of the signs. 2. Building Signs-An additional building sign is proposed over the entrance to the pavilion building. The sign will feature the name and logo of the aquarium. 3. Parking Signs-The proposed parking sign will replace the existing sign at the parking area located on the east side of General Booth Boulevard. The parking sign will be approximately five (5) feet in height, approximately three (3) foot, and seven (7) inches in width.The sign will feature a prominent "P" and "PARKING," as well as the name and logo of the aquarium. The same parking sign will be used to identify any future parking areas. Landscaping will be planted around the base of the sign. 4. Temporary Signs- a. Fabric banner signs are proposed on the light poles throughout the parking areas. These signs will be 48 inches in height, and 24 inches in width.These signs will be interchangeable to display events or exhibits at the facility, or specific services offered on the site. b. Fabric banner signs, the same dimension and concept as described above, are proposed to be located on the light poles along General Booth Boulevard directly adjacent to the aquarium property. c. A banner or inflatable sign is requested to be located on the main aquarium building to promote large or changing events.The specific size and appearance of the sign or inflatable sign will vary with each event. The banner or inflatable sign will only be displayed for one week at a time. City of Virginia Beach, Dept. of Aquariums & Museums Agenda Item 6 Page 2 Zoning History A e)....(el - • R'.. R -' dl:u,'•;'•; # Request 1-.,Zrat+� . . fl ' 1.4'10 ` �.�f;.. 1 MOD(Approved 10/26/2004) {aril I r�, / r.,o�R r 121444,44. •� - c`, CUP(Outdoor Recreation—Approved 10/26/2004) R- 0 f . ,.a� .� P.'vj CRZ(Approved 04/27/2004) 'le0t2,7' MOD(Approved 04/27/2004) f' �'t'�it CUP(Outdoor Recreation Approved -07/05/1983) DN Ls� -75 4 DN CUP(Outdoor Recreation—Approved 05/03/1982) p °NL 2 REZ(A-12 to I-1 Approved—10/26/2004) i (� , ore CUP(Bulk Storage—Approved 10/26/2004) ,I ,�� ''^St.�°'e'= CUP(Outdoor Recreation—Approved 02/11/2003) Ori �' e,AY°^w „�~� -� - sem°it t 3 REZ(Approved 10/26/2004) • / MOD(to Proffers—Approved 04/27/2004) x V• and CUP(Outdoor Recreation—Approved 10/26/2004) 1-2Alli .41ii:,\ _ 4 REZ(B-2 to P-1—Approved 12/14/1987) . 8-2 ----- 1. ', P-1 12R REZ P-1 to B-2—Approved 01/25/1982) CUP(Outdoor Storage—Approved 01/25/1982) 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 Evaluation and Recommendation The Zoning Ordinance requires that all signage for major entertainment venues be reviewed and approved by City Council. No specific dimensional requirements or regulations are placed on these signs as each major entertainment venue presents a unique situation and should be reviewed on its own individual merit. Additionally, major entertainment venues are critical to the City, as they draw a large amount of visitors each year to Virginia Beach. In this specific case,the Virginia Aquarium attracts more than 600,000 visitors per year, making it the number one cultural attraction in Hampton Roads. The Department of Aquariums and Museums requests approval of the submitted sign package to provide stronger visibility along General Booth Boulevard and to make all signage consistent with their branding efforts. The proposed signs will allow for greater recognition of the facilities, as well as to clearly articulate current or upcoming events and exhibits. In Staff's opinion, the signs are aesthetically pleasing and will enhance the appearance of the site. Additionally, the size and appearance of the signs is compatible with the surrounding area, which features other large recreational venues. For the reasons stated above, Staff recommends approval of this application. Recommended Conditions 1. When installed, all signage shall be in substantial conformance to the submitted sign package entitled, "VIRGINIA AQUARIUM,VAQ-057-EXTERIOR SIGNAGE," dated July 26, 2017 and prepared by Otto Design + Marketing.This sign package is included in this report and will remain on file in the Department of Planning and Community Development. 2. Landscaping, with a minimum area of seventy-five (75) square feet of area shall be planted around the base of the free-standing signs located at each entrance and all parking signs. Landscaping shall be maintained and replaced if dead or dying. City of Virginia Beach, Dept. of Aquariums & Museums Agenda Item 6 Page 3 3. The temporary banner or inflatable located on the main aquarium building must be related to an exhibit or event located on the aquarium site. 4. Permits must be obtained from the Department of Planning, Zoning Division prior to the installation of any permanent signage. 5. Temporary signs and banners shall be maintained in good condition, absent of any rips, tears, fading or other aesthetic deformities. 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. City of Virginia Beach, Dept. of Aquariums & Museums Agenda Item 6 Page 4 Proposed Sign at North Entrance Ak VIRGIN'A AQUARIUM •SAFOMF sc tNCF COIT[F HERD SWIM, PLAN NOVA VISIT MAI■ ENTRANCE 717 111111 VIRGINIA AQUARIUM •NAItNF SCIENCE CEN{EE I �ap�0:�-F��-•�.r,�,....e irl K�, tic1:,.,..E- City of Virginia Beach, Dept. of Aquariums& Museums Agenda Item 6 Page 5 Proposed Sign at North Entrance The proposed sign has a large base which adds to the overall height and is used for the rl��IllIA following reasons: AQUARIUM .1140.1 KOMItuap • Elevation,height,and size of logo allow for optimal readability • Elevates the LED portion of the sign to reduce possibility of damage from people/cars/landscaping at the intersection • Elevates the logo and LED sign so NOM ORTVVRiI they are not obstructed when cars jj7 are stopped next to the sign at the intersection • Elevation and sign height allow for sign legibility to cars driving the speed limit of 45 MPH Aro',3' Ac o 10- • LED Messaging: • Messaging will be art directed and tasteful VIRGINIA AQUARIUM • Content would change based on brand messaging,exhibit information,seasonal a raUm/SGtFNC!(Wait and special events,or other important information related to the aquarium • Messaging will remain on screen from 10- ,-` 8771 make 20 seconds 7211 HERD SWIN. PLRN HOUR VISIT OPfS9a�5PM MAIN ENTRANCE \l�' 717 ✓AQ-O57-E>te.got S.onaga I tM n Eiwance S31n LED Mastag,nD City of Virginia Beach, Dept. of Aquariums & Museums Agenda Item 6 Page 6 Proposed Sign at South Entrance ,7. .r I • !1 r.„mot., A• :r:•, „ mss` 0 _ t _ ' . - Ir '_'?_ • � ratic��' t.. A -. -gr.--. --=-•.,—-. ... 1111.11.111. vA0-0S')-E.,..,s9.,.gc I South Entron..4,4.. --I I EO Se•.v11 el,....F.,.v..) .. • VIRGINIA . AQUARIUM S Mf.�llMll+ .. THE AOVI(YORE PAM( NERD SWIM, PIAN SOUR VISIT . 4e , K4 < City of Virginia Beach, Dept. of Aquariums & Museums Agenda Item 6 Page 7 Proposed Building Sign- Pavilion ADDITIONAL BUILDING SIGN ON CURRENT AND FUTURE CONSTRUCTION. • - . • AQUARIIUM �' Effiarall=1111 -‘11 111111 , • • • VA0-057-Exterior Signage I South Entrance Signs tor Current and Future Construction City of Virginia Beach, Dept. of Aquariums & Museums Agenda Item 6 Page 8 Proposed Parking Signs PARKING SIGN FOR CURRENT AND FUTURE PARKING LOTS i' ),171, P. t: .it• - •^ .•� '� • `l it•'-41 ' • • .. �• lea .. ,� - p ...... . . • --....--,!:,,, ,.., -•.,....":,•. • „A .: IL- Rr, . r . . • ' plots.,• ' 1;?'�,' ,�, _.rte"•—•-. ,� ' .♦ .. i .. 0 A........01113...111......13111 .{_1•a. Imo. N 7 +1. [. .'AO-05/-Exterior Signage I 'arxmg Sign Mocx..p •'_''b City of Virginia Beach, Dept. of Aquariums & Museums Agenda Item 6 Page 9 Proposed Parking Signs PARKING ViSSIIIIA AQUARIUM PG17 pPARKING - 11111110111%111- AQUARIUM AW'e.Y ADro.10' F --jam Apo.3'T City of Virginia Beach, Dept. of Aquariums & Museums Agenda Item 6 Page 10 Temporary Signs- Parking Area GENERAL BOOTH BLVD. I LIGHT-POLE R AGS 28-W 5 60`H I ts ice.- Poo O ° at MtjC.'M `r (Ili,- A....""....' 4 . • AauARt • - ylr9inlaAqua rf urn.corn � IIV::"---j''..dbl'"—"------r—"jl' ,,..... . AGUANONMN<NO Lon I,‘..4,..:'L.55 ...+.ti iliotati I'M _.,,r< moot)� dN11 M ,l `F , RikI9— ~ Q Ir4 ..-, � c - !— „oleic AQUARIUM AQUARIUM Eio. AQUARIUM ` I,'� "- a - t .� YNhdW0.0v < VlrySLAauwA. V''ryieneownum,o.. Sr ' a `_ •i9.- I 1 City of Virginia Beach, Dept. of Aquariums & Museums Agenda Item 6 Page 11 Temporary Signs- General Booth Blvd. GENERAL BOOTH BLVD. LIGHT-POLE FLAGS I 28'W X 60'H ot..,t. ——1.1 \ , :11:4 o .1 i I V.10-057.E.:C•.o,S Ti.,yc S.Or 2,1.CIa9.P ,c.M....yt %A 24 GENERAL BOOTH BLVD. I LIGHT-POLE FLAGS 128"W X 6C'I-. a is '051 4' W r hr Bil ill . 1 1111111 7 City of Virginia Beach, Dept. of Aquariums & Museums Agenda Item 6 Page 12 Temporary Banner or Inflatable FOR THE PROMOTION OF LARGE EVENTS OR CHANGING EXHIBITS: Placement of temporary banners or inflatables on National Geographic 3D Theater building/wall displayed up to one week at a time. VIRGINIA AQUARIUM '""'ca'+u E .� THEATER H 9D THEAA TERER k ! • 4.- • ! fl . I__ ,w4?IM - • - mal' 1 � 1 . VAO.057•Extetior Signage I Temporary Buddug signage PG 29 I City of Virginia Beach, Dept. of Aquariums & Museums Agenda Item 6 Page 13 Disclosure Statement NB Virginia Beach APPLICANT'S NAME City ofVlrglnleBeech 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 Animals 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 dist Insures contained in this form ate= necessary to inform public officials who may vote on the application as to whether the) h„wg n , unilit t nA nrttiust undo Virginia lav+ SECTION 1 / APPLICANT DISCLOSURE Eng c ry use Otis a t t tp:Itoo,I totter Page I of 7 r!mot il otot co thate. . . . ❑ `APPLICANT NO1nIED01 HEARING DAIL i 0 no CHANCE OT TE Ot E 0/21/11 fib Kevin Kemp n IPtIRION)SUBMITTED City of Virginia Beach, Dept. of Aquariums&Museums Agenda Item 6 Page 14 Disclosure Statement ® Check here if the APPLICANT ISNOT a corporation, partnership, firm, business, or other unincorporated organization. ❑ Check here If the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (Al List the Applicant's name:City of VITInla Beach If an LLC, list all member's names: If a CORPORATION,list the the names of all officers,directors, members, trustees, etc.below: (Attdch 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) N/A See next page for Information pertaining to footnotest and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only If property owner iv different from Aaalkant• ❑ Check here if the PROPERTY OWNFR IS NOT a corporation, partnership,firm, business, or other unincorporated organization. ❑ Check here If the PROPERTY OWNFR 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 City of Virginia Beach, Dept.of Aquariums& Museums Agenda Item 6 Page 15 Disclosure Statement vmdpa Beath If a Corporation,list the names ofall officers, directors,members,trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Property Owner. (Attach list If necessary) 'Parent-subsidiary relationship' means 'a relationship that exists when one corporation directly of Indireab owns shares possessing more than 50 percent of the voting power of anomer corporation.' See State and Local Government Conflict of Interests Act,Va. Code§2.1-3101. 1 'Affiliated business entity relationship means 'a relationship, other than parent-subsidiary relationship,that exists Mien(II one business entity has a controlling ownership interest In the other business entity,(II)a controlling owner a one entity Is also a controlling owner in the other entity,or (Iii) there k shared management or control between the business entities. Factors Nat should be considered In determining the existence of an affiliated business entity relationship Include that the same person or substantially the same pennon own or manage the two entities;there are common or commingled funds or assets;the business entitles share the use of the same offices or employees or otheMse share activities, resources or personnel on a regular bask; or there is otherwise a close working relationship between the entitles.' See State and Lod Government Conflict of Interests Act, Va.Code 4 11-3101 SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided In connection with the sublert of the apollcatiog or any business oueratino or to be operated on the Prooert,. 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 SEPERATEIY Page 3 of 7 City of Virginia Beach, Dept. of Aquariums& Museums Agenda Item 6 Page 16 Disclosure Statement -NB APPLICANT ;Oa Bach �Ef-Nell ." PROVIDER ruse YWmond sheers If gJ I NO SERVICE nerds!) El0 Accounting and/or preparer of 1 your tax return ❑ ® Architect/Landscape Architect/ Land Planner _ Contract Purchaser(if other than ri ® the Aooliragp-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) ❑ IZ Construction Contractors — _ 0 ® Engineer/Surveyor/Agents Financing(include current ❑ ® mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) nLegal Services Real Estate Brokers/ O ® 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 0 of 7 City of Virginia Beach, Dept.of Aquariums& Museums Agenda Item 6 Page 17 Disclosure Statement XL ggida Basch 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 Applic��att'ii/oo — -n. _._le ( -- Cr AP ILwr'SSILNATUL// L4•. PRI hTN ft. iJ{/eCltL�eS DATER �J Page 5 of City of Virginia Beach, Dept.of Aquariums& Museums Agenda Item 6 Page 18 Item#6 City of Virginia Beach Department of Aquariums& Museums Major Entertainment Venue Signage Permit 717 General Booth Boulevard &927 S. Birdneck Road District 6 Beach November 8,2017 CONSENT An application of City of Virginia Beach, Department of Aquariums and Museums for a Major Entertainment Venue Signage Permit on property located at 717 General Booth Boulevard and 927 S. Birdneck Road, District 6, Beach. GPIN: 2416-98-7653-0000. CONDITIONS 1. When installed,all signage shall be in substantial conformance to the submitted sign package entitled,"VIRGINIA AQUARIUM,VAQ-057-EXTERIOR SIGNAGE," dated July 26,2017 and prepared by Otto Design+ Marketing.This sign package is included in this report and will remain on file in the Department of Planning and Community Development. 2. Landscaping,with a minimum area of seventy-five(75)square feet of area shall be planted around the base of the free-standing signs located at each entrance and all parking signs. Landscaping shall be maintained and replaced if dead or dying. 3. The temporary banner or inflatable located on the main aquarium building must be related to an exhibitor event located on the aquarium site. 4. Permits must be obtained from the Department of Planning,Zoning Division prior to the installation of any permanent signage. 5. Temporary signs and banners shall be maintained in good condition,absent of any rips,tears,fading or other aesthetic deformities. A motion was made by Commissioner Oliver and seconded by Commissioner Ripley to approve item 6. AYE 10 NAYO ABSO ABSENT 1 HODGSON AYE HORSLEY AYE INMAN ABSENT KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE Item#6 City of Virginia Beach, Department of Aquariums&Museums Page 2 By a vote of 10-0,the Commission approved item 6 for consent. Kevin Kemp appeared before the Commission. William Macali was also in support of the application. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH An Ordinance to Adopt and Incorporate the "Interfacility Traffic Area and Vicinity Master Plan," dated September 2017, into the Virginia Beach Comprehensive Plan 2016, and to Amend and Revise the following Sections of the Policy Document of the Virginia Beach Comprehensive Plan 2016: Planned Land Use Map (pertaining to Special Economic Growth Areas); Executive Summary; Section 1.3 (Suburban Area); Section 1.4 (Princess Anne & Transition Area); Section 1.6 (Military Installations and Support); and Section 2.4 (Economic Vitality). MEETING DATE: December 12, 2017 • Background: The existing Interfacility Traffic Area(ITA)and Vicinity Master Plan(ITA Plan)was adopted as an amendment to the Comprehensive Plan in 2011. The ITA was created in 2005 as an overlay zoning district that allows land use and development only at a density and intensity that is compatible with the frequent overflights of military jets in this part of Virginia Beach between Naval Air Station (NAS) Oceana and Naval Auxiliary Landing Field (NALF) Fentress (located in Chesapeake). Since the time of the adoption of the ITA Plan in 2011, there have been changes in circumstances within the ITA that affect some of the assumptions that the ITA Plan was based upon. One of the most significant changes was the shift in land ownership from private owners to the City. This has been due to the City's ITA Acquisition Program, whereby property owners within the ITA voluntarily sold their properties to the City of Virginia Beach. As a result of the program, the City now owns approximately 3,000 acres within the ITA. Based on this change in land ownership, as well as changes in environmental regulations, the Comprehensive Plan, when adopted in 2016, recommended an update of the 2011 ITA Plan as a high priority action. In August 2016, the City contracted with Urban Design Associates(UDA), who also prepared the existing 2011 ITA Plan, along with their team consisting of VHB, WPL, and The Miles Agency, to develop an update to the Comprehensive Plan. • Considerations: The 2017 update of the ITA and Vicinity Master Plan is the result of an extensive public participation process involving residents; property owners; the agricultural and business community; environmental organizations: the Navy; and other stakeholders. The ITA Plan sets the framework to continue forward with existing opportunities, such as the VABeachBio Research Park, as well as new City of Virginia Beach — ITA Plan Page 2 of 2 opportunities, such as agricultural research and an environmental education center for the Albemarle Watershed. The ITA Plan strikes a balance between low intensity natural areas, recreational amenities, City services, and complementary uses to nearby medical services and research. Further information is provided in the attached Staff report. There is no known opposition to this request. • Recommendations: City Staff recommends approval of this request. The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request. • Attachments: Staff Report Minutes of Planning Commission Hearing Ordinance Plan Amendment Document Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. I Submitting D rt gency: Planning Department �, W� I f ce,„ �- City Manage • 1 _ /BUJ) 1 AN ORDINANCE TO ADOPT AND INCORPORATE THE 2 "INTERFACILITY TRAFFIC AREA AND VICINITY MASTER 3 PLAN," DATED SEPTEMBER 2017, INTO THE VIRGINIA 4 BEACH COMPREHENSIVE PLAN 2016, AND TO AMEND 5 AND REVISE SECTIONS OF THE POLICY DOCUMENT 6 OF THE VIRGINIA BEACH COMPREHENSIVE PLAN 2016: 7 PLANNED LAND USE MAP (PERTAINING TO SPECIAL 8 ECONOMIC GROWTH AREAS); EXECUTIVE SUMMARY; 9 SECTION 1.3 (SUBURBAN AREA); SECTION 1.4 10 (PRINCESS ANNE & TRANSITION AREA); SECTION 1.6 11 (MILITARY INSTALLATIONS AND SUPPORT); AND 12 SECTION 2.4 (ECONOMIC VITALITY). 13 14 WHEREAS, the public necessity, convenience, general welfare and good zoning 15 practice so require; 16 17 WHEREAS, the Interfacility Traffic Area and Vicinity Master Plan, September 18 2017 has been updated and revised as exhibited in the attached Interfacility Traffic Area 19 and Vicinity Master Plan, September 2017 (Exhibit A); and 20 21 WHEREAS, the Virginia Beach Comprehensive Plan 2016 Policy Document also 22 has been amended to coordinate with the attached Interfacility Traffic Area and Vicinity 23 Master Plan, September 2017 (Exhibit B). 24 25 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 26 VIRGINIA BEACH, VIRGINIA: 27 28 That the Comprehensive Plan of the City of Virginia Beach 2016 be, and hereby 29 is, amended and reordained by: 30 31 1. The adoption of the Interfacility Traffic Area and Vicinity Master Plan, 32 September 2017 attached as Exhibit A. Such document is made a part hereof, having 33 been exhibited to the City Council and is on file in the Department of Planning; and 34 35 2 The revision to the Policy Document, pertaining to the Interfacility Traffic 36 Area, as shown on the attached document entitled "Comprehensive Plan Policy 37 Document Revisions", attached as Exhibit B. Such document is made a part hereof, 38 having been exhibited to the City Council and is on file in the Department of Planning. Adopted by the Council of the City of Virginia Beach, Virginia, on this day of , 2017. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: anning Dep. ent City Attorney's Office CA14170 R-2 October 10, 2017 2 ..‘,-.43- ,r1,1Sdle!. . Z qi 1,2 a P i-C a a qf r?.fij" l'ili 0a 1. ' CAI:).iliztkvet.„ w tria . a a 0 C z Crq a 11) #11°- ed a iiii' N\_.-.81 t - 'iiti, , : , ...._ -41:3g,', . 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A 9 n N g. 2 E.' .. n • O v ders, ' 9 S C 9 '•�a,Jl�` �� 1 ` t r J 1U 3 1.11.4' , , z -1 O Z V 0 ant]1111a4,1 01.111.4 •aaoc,AT" Amendments to the Comprehensive Plan Policy Document CHAPTER&SECTION PAGES(of current document) 1.1 Planning Areas/Planned Land Use Map 1-2 (Map) 1.4 Princess Anne Commons&Transition Area 1-104 to 1-116 1.6 Military Installations&Support 1-149, 1-154 2.4 Economic Vitality 2-82, 2-88 to 2-90 On the following pages,text to be deleted is shown by strike-through (Exatp4e).Text to be added is shown by underline (Example). EXHIBIT E tiiilil ik EXISTING PAGE 1-2 1.1 - PLANNING AREAS/PLANNED LAND USE MAP - _.../ \kk. City of Virginia Beach Chesapeake Bay e.ay.e+o 0 as 1 2 3 4 S «fie. • Yoe t t Burdon Statim 2 CentennIe 3 Newtown , An2s- �` <VBmWoke IS 5 Rosemont 'YY 6 Lynnha+en . 1 7 Hneop 8 Rasort At, tit�' I .b , • . . Jt 1 i • ,.. ,_'' ‘8. ii V• - L } � Atlantic Ocean .\ "�� 7 J j. -. r-Iy.� el,,,. 1 .F �d A *e • i a, 1 - 4 11, Legend kt •+• tack B r Stow& •Maas • — Spuo.I- wsn Areal Gro . .. • Su• Mn • Sr - • Focus Ares ' 'erston re Asea Meaiv a :'Nratary Imtaliabons •Feria.end State Waver • •e Green LIM) iillek 11 North Carolina l Planned Land Use Map 4.10.iimmiimiiii7 REVISIONS TO PAGE 1-2 City of Virginia Beach Chesapeake Bay •j Y T�'1 • — e..I L10•0•110 I o 0.6 t 2 3 4 5 Auks �-- .. . • • ( -�Yt: - Strategic Growth Areas i.Burton Station • .f .{ - irlti.• - 2 Centerville y. L t.. _ 3rJerlown a Pembroke y• • t 'Kee... • I S.Rosemont '• �{{ • 16.Lynnhaven • y ii I , �'• ` 7.HBltop �� '.t.,ik. �, 8.Resort Nee b -. :'.. I— —� !, r . , , .... . e ` ,_., . ( v .ds . V IrT`T y.•- t Me a N . . t -/( i ../ / J i ��-� r j Atlantic Ocean • IIS► . r .r 4: • J • i .01 i . • ZA• Snatepw Growth Areas Back Bay Q Special Economic Growth Areas 4 Q Suburban Ares Q Suburban Focus Areas I8 P*Ioes Trafficne ken(ITA) ., 8 Princess Anne Corranons O Transition Area •Rural Nee •Military Installations 4, - le Federal r_ -v •Green Lee - - ••— — — North Carolina Planned Land Use Map REVISIONS TO PAGE 1-104 1.4 - PRINCESS ANNE COMMONS & TRANSITION AREA PRINCESS ANNE COMMONS DESCRIPTION Princess Anne Commons includes the Interfacility Traffic Area (ITA),as well as additional surrounding areas including the • . • • • • • . •• • • • • • _• •• - • area north cast of the Green Line where Tidewater Community College.the Higher Education Center.and LifeNet are located. • • . •. • • ..•. - •. • • . • • • - •• • -•• . • e as well as most of the Princess Anne Historic and Cultural District to the east.Also part of Princess Anne Commons and the ITA is the property owned by the City south of Indian River Road.formerly owned by Rock Church. VISION The Princess Anne Commons area of the City offers unique education,entertainment,recreation, habitat preservation,and quality economic development opportunities. It is a true jewel within Virginia Beach. The policies of this Comprehensive Plan have been designed to ensure that Princess Anne Commons continues to be a well-planned area. 11 -11116k- _ —1111.4741 1 rtor MI ill? I L c- City Hall located in the Municipal Center portion of the Amphitheater in North Princess Anne Commons Area Princess Anne Commons Area The vast majority of Princess Anne Commons is included in the Interfacility Traffic Area (ITA).The ITA is a product of the Hampton Roads Joint Land Use Study and the City's Oceana Land Use Conformity program.The ITA was created in 2005 to address land use compatibility issues associated with frequent overflights of military jets in this part of the City. The boundary of the ITA generally overlaps the area of Princess Anne Commons impacted by noise zones at or greater than 65 dB DNL.The planning policies affecting the ITA have been carefully written to achieve compliance with the provisions of the City's adopted Oceana Land Use Conformity program. The entire ITA is subject to certain development limitations due to jet noise restrictions a1 therefore,the area has been carefully planned to achieve a coherent and compatible land use REVISIONS TO PAGES 1-104&1-105 pattern.Of the roughly 4488 6000 acres within this special area,less than half are developable due to the presence of water,wetlands,existing development or other constraints.The alignment for the Southeastern Parkway&Greenbelt isle traverses the northern portion of the ITA in a northeast to southwest direction ' - •:- . ' •. • • • • • _ - '. • ' :. . . Due to the incompatibility of residential uses in these high noise zones as well as it being undesirable to have new residential dwellings within the ITA,one of the principal effects of this is a reduction in the-residential density to what could be achieved by right with Agricultural zoning(one unit per 15 acres).A second effect was an increase in the area owned by the City of Virginia Beach,as the City and U.S.Navy began a program of purchasing property voluntarily offered to the City.This program has led to ownership by the City of Virginia ,Beach of approximatey half of the area, ! • :' • . • • . • . . . .•• •• The City Council adopted the Interfacility Traffic Area(ITA)and Vicinity Plan as a component of this Comprehensive Plan to establish a vision for the use of the ITA as well as to ensure the ITA develops only with those uses compatible with the purposes of the Interfacility Traffic Area.City recognized unique Interfacility Traffic Area (ITA) &Vicinity Master Plan The vision for the ITA was established in 2011 with the adoption of theme ITA and Vicinity Master Plan. . . : : : •: . . - - . . . : . . : : .. . . . . - .. . •• . . . • • • • The MasteF jTA Plan was prepared with effective community involvement to provide planning policy guidance in the areas of land use, transportation,environmental stewardship,infrastructure,public service delivery,economic vitality,AICUZ compatibility,housingsand community design.During the five years after the adoption of the 2011 ITA Plan,there were changes in the area's characteristics that pointed to a need to update the plan to insure it continued to provide a realistic vision.In particular,the transition in property ownership from private to public,with the resulting increase in the percentage of the ITA controlled by the City,offered opportunities that were not available in 2011, In 2016.work began to update the 2011 ITA Plan,and in 2017,the City Council adopted a revised version of the plan that sets out a vision based on realities and opportunities not available in 2011. Specific policies from this plan are provided later in this section. . . . The Master LTA Plan's vision framework continues to move the Princess Anne Commons area forward in a direction that reflects the area's history,is sensitive to the environment,and acknowledges existing assets already in place for those portions of this special area. Adopted land use patterns have now made this area more compatible with the operations of the airfields in the region. • : : • •'• • -• • • • • • -: •• •• • • .The Interfacility Traffic Area& Vicinity Master Plan focuses on conservation and preservation of sensitive uses,amenities for residents,employment.municipal services.and recreation.Employment and research will be focused in the VBBio Innovation Park adjacent to the Virginia Beach National Golf Course.More dense development remains clustered along Princess Anne Road at the Municipal Center and North Princess Anne Commons.At the Municipal Center and Historic Princess Anne areas,as designated by the ITA Plan,In areas where residential uses fall outside of restricted the AICUZ can be provided to create .es,vibrant mixed- use districts arc envisioned where people can live,work,and recreate within walking distance to REVISIONS TO PAGE 1-105 services and gathering spaces.The active recreation around Dam Neck Road can be expanded to include new types of recreation and sports not currently offered.Existing farmland provides opportunities for the conservation of valuable productive land in Virginia Beach.possibly evolving into a research farm.Special destinations could be developed that fit with the natural environment, including an agricultural research center.Wildlife Rehabilitation Center.environmental conservation center.and Municipal Services Facility,Enhancing natural features will allow improved stormwater management and flood controls.Throughout the area.trail and open space would connect the uses. Thoughtful implementation of this vision will position Princess Anne Commons and,thus,Virginia Beach as a leader in sustainable urban edge economic development. The entirety northern portion of the area addressed in the ITA and Vicinity Master Plan has also been designated as"Special Economic Growth Area 4 (SEGA 4) - Princess Anne," recognizing the land development constraints and economic development opportunities associated with this area's location within a military aircraft overfly zone. Specific information and recommendations for SEGA 4 are provided • • -•- ' .. -.• '• = • - . • - ' •. -- • . • •-•- in Chapter 2,Section 2.4—Economic Vitality • • • • . • •• •• •- • • . - • . : . The recommendations of the ITA and Vicinity Master Plan are to be followed for the remaining portion of Princess Anne Commons south of SEGA 4.For those areas outside the boundary of the ITA and Vicinity Master Plan (see map below),land use will be as allowed by the existing zoning,as well as being consistent with the Interfacility Traffic Area (ITA) Overlay District regulations. EXISTING PAGE 1-106 . ', Wairtlig Naval Air �� Station Oaten c40 �� Tr >� i44*111p~RY°a0 v ff Aj . • oD t►. . ,° i .�s4 'r �1 .2. - r A4', . Jit . l '_ > !a 5 ' • e Air .\ QB f ' � a, ;�{ rQ y04� � ° 0% � R0 ili.ck G., ., 4.', w, . opy ♦# fir ' '� \ ♦ xsA, •a 0,1 ?'c* , 5 ' t_✓Y, 7w• A 54% i .rte A w �C/ II''"44iiiir1 lit �I' �(., r.4`.• 4 141f..- WI r.1TfirY .,`: L N. 1r Reha:(i,C,u.:,. JJ�� . . C Ii..‘,:.-X; t ,�_'' i, .. ,. *.i. a 4,;¢ _ I 16 • N I\ ii I Interfacility Traffic Area&Vicinity Master Plan-Vision Concept(2011) REVISIONS TO PAGE 1-106 \ j j %' / . 1 . D>y" >- �o f. �, • :.• fes / ,plC'if r ....�Y' ( 01/4 Act Rpa 11 ctI i, ..' ' . ''P'... i „,_ ...:!. irig,',. \`'',4_,) ,''. .. �. t ��1�t \P� Q . fte�Parkway.09�tn ' 1 , �ypth� • e ,, / t' � � III f . . / . $flips . 14;;.•'" �� , e �/ 2 *' J SII ri ._ / 1 osp ... )` • .� / �.•::.�� —` j pad, \ / , #.+ jig po ...''/ / / �rl 1 r z... I {-T'''I I \ 4 .. p c 11%I' ,./'.---'. . � / J .t r • + �il�; ! �6{ N �� • �. '' ��, � +3�Rdian _� i ... Rives t ��s.% �`w:Rpad 1 ,� /.-. \ I \ / !! ---- . I t 1t LEGEND ; ; o ITA Plan Boundary ITA Overlay District 1 Historic Princess Anne Center 2 Municipal Center \ -, 3 Bio Research&Innovation Park k 4 Sports Center 5 Preservation and Passive Recreation 'N ✓- 6 City Municipal Services Center 7 Agricultural Production&Research 8 North Landing Park \ ',1/ Interfacility Traffic Area&Vicinity Master Plan(2017) / REVISIONS TO PAGE 1-107 I . . , . . . . . . . . . . . e . . . •. .. • • . • . . ... . . . . a . .. • . . • • Protection of most sensitive land. District. . . . . . . . . . . . . . . . . . . . . . . . . . . .' . . . - •• • • • . . . . . . . . Center. • Interfacility Traffic Area • North Princess Anne Commons . . . . - . . • Central Princess Anne Commons o Historic Princess Anne Center • Municipal Center o Brown Farm Arca • South Princess Anne Commons REVISIONS TO PAGE 1-108 '', S 1' ��:. = Princess Anne Commons 411074411114s--7, .,:, —. � y Princess Anne Commons A i 'I; �� r `` %�c�, o Historic Princess Anne C tel ti T . jK �+` , ° ropkC Interfacility Traffic Ari.(ITA) L ;fir r >'n' " AICUZ Noise Zo "i.., — Proposed S� .meastern Parkway �• QCs : e.y • -.� ` '-1. City Pro rty f 09.* 46 ',1(.%:•... y2f a _ --�_ :a• _ . it o.-.,, ' • c . ' Prl cessS ;. V� �'Y atsa FR ire . Com •ns�i, •�`' 'x I L *_ + s �� t :..a"t: " , S ./0. Central Princess I :as ! �'r.. • Anne Commons ,� ,4 •W„ '. ,:4 03 .:,••,,. ,,.:......_. to. ,i, _. . ... , 7AnnecommonsPrcess ) - ''j , , YARD ;A • y ,'. �:. ' , \ i i,,..,..,..:, .,,,-. .,„:„: ,,,-. i, City esapeake \ % r .,.:}-. is ‘RiVRR RV INTERFACILITY TRAFFIC AREA (ITA) AND MAJOR SUBAREAS OF PRINCESS ANNE COMMONS REVISIONS TO PAGE 1-109 • . . . • • • • a . .. . . • .. • • • . _ . . _„ • •• • I . .. . . • . .. . • • • • • .• • ' •. • •. . • •. •' . . • . .. • •. . . • . • • . . . , • • • . . • • . . • _ _ • • . • •. • . .• . . . • • • •• . . • • • . . • • • . • • . . • . . . • .. • . • • . . • . • . . • .• . • • .. ' •. • • •. . • • . . • •. • .. . • •. • •. • • • . • • :. . • • • •• .. . •. • • • • .. .. • • • • : • :. . • . . \ •. • . • .. . . . • .. •. . . . ..• .. . r • • . ' • • • . . _ _ • • • • r • • . • . • . • .. • . . • REVISIONS TO PAGE 1-110 • -- - . • • • • •- • :• . , - . . . . . • , ! . _ • - t y Operation Smile's World Headquarters in North Princess Anne - - Commons Recommendatiensi • . . . • • • • .. • . . . . . • .. . . . . . . • . . -. • ... . Dani-Nec-k-Read: entertainment. w • . .. .• • .-• •• ' •. • , . . . • .- . • . • . . . • . - •. ' • . - • • _ • • !. . ' • . . • - - . . - . -. - ' . . . • -• REVISIONS TO PAGE 1-111 • Adhere to the Design Guidelines for Princess Anne Commons. • . . . . • .. .. . . .. • . . . . .. Plan. • Potential for 100,000 square feet of retail . . . . . . . . • businesses. This area is also currently being , facilities. �' h ; •1 x ReC-044:1441e444144411S4 go 10 r # 4111 • . • . • . _1► of Virginia Road. Princess Anne Corporate Park concept from ITA • Vicinity Master Plan industrial • Provide connected open space. • Multi disciplinary focus 11111111161 ar i 1, REVISIONS TO PAGE 1-112 . . . . . . . ., •, . . . . . . - . . . • . . Traffic Arca and Vicinity Master Plan. ailable • Acquisition of properties from willing sellers within Central Princess Anne Commons is . .- -- • . . • . . . a ..•. Historic D.-..cess Am+e- enter Center includes the Princess Anne Historic and Cultural Zoning Overlay District,a line of 1111111111111111M Ali REVISIONS TO PAGE 1-113 ‘..z..././-1111WNsilpliir t v 111\ s Yui ‹y s ; I o*it, 00. r&...../,-, •• ' `F` C ,� a •�`• 0s , . .' . ,,, � , rii . I. a •• /. • • • QF. v • • • 1631/4 • 44'6 "11111111 004. . s'43.c•40 `I e 1 jc._.\ • s e ♦� �. �• N %I. I Historic.Id Cultural District ..,_____0.- 500 1,000 2,000 3,0 i C Historic Prince c Anne Center 1 Feet HISTORIC PRINCESS ANNE CENTER LOCATOR MAP • ' . • • • • • . , - . . - I. • - • • • . • • • .• . -, •• . • . , . • .. • .•-. . .• . • .. . •0 • Cultural District. /' 'rw REVISIONS TO PAGE 1-114 , .....,v, . 4 t 10.016,, New development(retail and residential infill)in Historic Princess Anne Center-concept Muni-cipal-Genter Center. • Create structured parking decks ry". • 01 011 .a , ebuild•. sto �`. - It __ , . , .. „nom I! 1 _ . • Introduce a mix of residential >an - for-Gity-wer-kefs; ..! • Cumulative infrastructure Courthouse Complex-Municipal Center REVISIONS TO PAGE 1-115 . . . • . . ... . .. . . .. f . . .. . . space. • • • Pul buildings when., Bible• I I , • Capitalize on historic character and Historic Princess Anne County Courthouse - • . . . . I • • • • . . . . . . . . . . .. . . . . . . Virginia Beach's image as a green city. ',4•1•dirmarimara � REVISIONS TO PAGE 1-116 . . . . ,. 04 •. .• . . •. . •. r .4par Recommendations tIT ft41 Armi. .., , - - - - Stumpy Lake Natural Area • .. • • •. • . . . • • .. . . . . . . . • • . . . . .. .. . .. . . .. • . • . . . . . .. . . • • •• • . . • ..•• • • . • . . . . • • • EMIL 411111111111111111• 11111111111 REVISIONS TO PAGE 1-116 . . . • . 1 L. l 1.6 - MILITARY INSTALLATIONS AND SUPPORT REVISIONS TO PAGE 1-149 Recognizing the need to balance community growth with the Navy's mission,the Cities of Virginia Beach and Chesapeake have partnered with the Navy to develop various interrelated programs and initiatives to guide and control growth in the AICUZ footprint. These programs and initiatives, which in most cases began during development of the Hampton Roads JLUS through the Hampton Roads Planning District Commission in 2004 and 2005,have already lessened the Navy's operational impacts on adjacent land,while simultaneously easing pressure on the Navy's defense flying mission. Control over land use and development in areas neighboring the airfields ultimately is the responsibility of local governments. The Navy,through its AICUZ Program,encourages local governments to plan for compatible development. Accordingly,City of Virginia Beach land use planning documents and zoning regulations identify existing and future land use and zoning in areas in the AICUZ footprint. For example,the City prepared and adopted the APZ-1/CZ Master Plan (www.vbgov.com/Planning) in April 2005,as an amendment to the City's Comprehensive Plan. This plan inventoried existing land use conditions within the NAS Oceana Clear Zone and APZ-1. Using public meetings for stakeholder input,the plan recommends future planned land use in the Clear Zone and APZ-1, noting both compatible and incompatible land uses(refer to the APZ-1/Clear Zones Locater Map and Future Planned Land Use maps on the following pages). The Lynnhaven SGA,Hilltop SGA,and Resort Area SGA Master Plans,adopted as amendments to the Comprehensive Plan,also recognize the AICUZ footprint and recommend future land uses accordingly. In addition,the City adopted the Interfacility Traffic Area(ITA)& Vicinity Master Plan (www.vbgov.com/Planning),as an amendment to the Comprehensive Plan,originally in 2011.This plan guides future land use and development in Virginia Beach within the high noise zone contours between NAS Oceana and NALF Fentress,and is further described in Chapter 1,Sectionl.4- Princess Anne Commons&Transition Area of this Policy Document.An updated version of that plan was adopted by the City Council in 2017.The update was necessary due to the significant increase in land in the ITA purchased by the City as part of the program to support operations at NAS Oceana. The City's AICUZ Overlay Ordinance regulates land use. AICUZ"Subareas"have also been designated by the City of Virginia Beach to correspond to high noise contours. Each of these subareas has associated land use density policies and use restrictions. The AICUZ areas and SubAreas are illustrated on the maps on the following pages. �r- REVISIONS TO PAGE 1-149 Recognizing the need to balance community growth with the Navy's mission,the Cities of Virginia Beach and Chesapeake have partnered with the Navy to develop various interrelated programs and initiatives to guide and control growth in the AICUZ footprint. These programs and initiatives, which in most cases began during development of the Hampton RoadsJLUS through the Hampton Roads Planning District Commission in 2004 and 2005,have already lessened the Navy's operational impacts on adjacent land,while simultaneously easing pressure on the Navy's defense flying mission. Control over land use and development in areas neighboring the airfields ultimately is the responsibility of local governments. The Navy,through its AICUZ Program,encourages local governments to plan for compatible development. Accordingly,City of Virginia Beach land use planning documents and zoning regulations identify existing and future land use and zoning in areas in the AICUZ footprint. For example,the City prepared and adopted the APZ-1/CZ Master Plan (www.vbgov.com/Planning) in April 2005,as an amendment to the City's Comprehensive Plan. This plan inventoried existing land use conditions within the NAS Oceana Clear Zone and APZ-1. Using public meetings for stakeholder input,the plan recommends future planned land use in the Clear Zone and APZ-1, noting both compatible and incompatible land uses (refer to the APZ-1/Clear Zones Locater Map and Future Planned Land Use maps on the following pages). The Lynnhaven SGA,Hilltop SGA,and Resort Area SGA Master Plans,adopted as amendments to the Comprehensive Plan,also recognize the AICUZ footprint and recommend future land uses accordingly. In addition,the City adopted the Interfacility Traffic Area(ITA)& Vicinity Master Plan (www.vbgov.com/Planning),as an amendment to the Comprehensive Plan,originally in 2011.This plan guides future land use and development in Virginia Beach within the high noise zone contours between NAS Oceana and NALF Fentress,and is further described in Chapter 1,Section1.4- Princess Anne Commons&Transition Area of this Policy Document.An updated version of that plan was adopted by the City Council in 2017.The update was necessary due to the significant increase in land in the ITA purchased by the City as part of the program to support operations at NAS Oceana. The City's AICUZ Overlay Ordinance regulates land use. AICUZ"Subareas"have also been designated by the City of Virginia Beach to correspond to high noise contours. Each of these subareas has associated land use density policies and use restrictions. The AICUZ areas and SubAreas are illustrated on the maps on the following pages. EXISTING PAGE 2-82 2.4 - ECONOMIC VITALITY Chesapeake Bay A' City o •rfolk 1JX --(------ -:: 111. ' -1T-- 1, 1 _ . lij.. ..,fre., �� •ONAI I Ri 4 I I 0,� vi;al 4 4 441 • Atlantic Ocean HL 4 f ' 110M146,2— ' ve "tam; 5.11 411 llh All 61 110411 P r.2 A,..AIWA, , .„..„;,.-006,410,44.isit . ,.: ir �f; 4-- ' .,,„ ‘ tP . ' . , eiriptiiiIiiii3b4/ .,., 4 1 AW k, WS 4i':- 1111111 City or Ch 4 •4 N'°� esapeake k� -tR` rr---\Yy "Ri"ER .11141 ` x Special Econom rowth Areas p SEGA 1.East ' •-.na SEGA 2.W-, Oceana SEGA 3. auth Oceana / 0 0.5 1 2 3 4 SEGA• -rincess Anne Commons ( � Mi t'' les SPECIAL ECONOMIC GROWTH AREA (SEGA) LOCATOR MAP REVISION TO EXISTING PAGE 2-82 Chesapeake Bay V I. - ,....F City of Norfolk I1i1l1 W! :/°evaroORtNi` Z� Fy } 64 Atlantic Ocean / = Fvn+Llit ,n.0,„ , - AIM O 2 AP.kilft A.EaGti6l��0 ^ .��a v;Roi+ • 264lrillilik ' ''3 4 1i op 4 )0pa °416,41 aY ° R 0 ptcwv 0 ,„,,i0 - °pKrr „:4,04. AL. IllarAm NE illitAtkillikiti city of Ch "Oa, esapeake . °GFR° f---,..,--\ •qp, A v W 'i+ z l a Special Economic Growth Areas W SEGA 1.East Oceana SEGA 2.West Oceana 8 SEGA 3.South Oceana 0 0.5 1- 2 3 4 SEGA 4.Princess Anne Commons — Miles SPECIAL ECONOMIC GROWTH AREA (SEGA) LOCATOR MAP EXISTING MAP ON PAGE 2-88 1 IA •Itilws, . <... . -, - .,... ,--,-, .4(....,,,,,„ ,.. ...., c,,,,t , . ,*, _,.. , .a 6.- :4,4f)11 k . . . -1,7• , . '''' - ' • ',...•. t 4e PKwY-- ' e44 , iiirt'40, ii. ip �, . t _ -A.; t 4 ... . .,..- . . . , ,,, !. ,..,.....C1,\.52-•*,..1 c—, a cc 0 0.5 1 2 \., Miles Special Economic Growth Area 4-Princess Anne Commons REVISIONS TO PAGE 2-88 DAA "L.4240¢ N 7i�Ca 31 s . • er .''y r, r ^•' S eJ0).P� -vow. it a p! -`�° 4 z - .44e% sOti::::. -,:---; ,inamorie, . \ .)., „it..6,,,„, . :.. .. ,.., k . — 4 4 `# $ : • ' . ♦ n, .`._ • ' ,,,*' PK C -, , \-"‘ % 't.#0 It: ' . • . „; :,. , X44 , . ,,,,,.... , '' N.,,,,... ... / & 0, •i, � 0 f/'`0.5 1 2 Miles.i, Pt Special Economic Growth Area 4-Princess Anne Commons SEGA 4-The northern portion of Princess Anne Commons was designated in recognition of the land development constraints and economic development opportunities associated with this area's location within a military aircraft overfly zone. This area will focus on providing locations for: • Participatory sports • Entertainment venues • Tourism • Biomedical research • Hospitality uses which can benefit from their proximity to campuses of Tidewater Community College and the Old Dominion University/Norfolk State University. • • : - •• - - - - . . . . . • -• : -. - :: . , . - • - . , :Proposed developments within SEGA 4-Princess Anne Commons should adhere to the following general recommendations,unless otherwise addressed in Chapter 1,Section 1.4-Princess Anne Commons &Transition Area. REVISIONS TO PAGE 2-89 Recommended Policies: • Strive to achieve extensive open space connectivity throughout the Commons. • Protect the most sensitive land areas where natural resources have been identified. • Residential development should be limited to areas outside of AICUZ restricted areas. • Mixed-use town center-style development should be planned within the Municipal Center and Historic/Cultural District. Princess nn.,,,Commons • The ' •• • . • • • -- • •• • !• .• - . • • Design and Development Guidelines: Princess Anne Commons should be adhered to for high quality building types to ensure appropriate quality and character. • Except as specified in the ITA and Vicinity Master Plan,Etxpansion of suburban infrastructure should be designed in northern,but not southern,part of Princess Anne Commons and not south of Indian River Road. • Development should remain limited along existing unimproved roadways. • Explore the potential for extension of mass transit service to Princess Anne Commons and the Municipal Center from the Town Center(Pembroke SGA). . . I . . . . .. . . . . . . . . .. . . . . . - . . • • • ,•. .• - REVISIONS TO PAGE 2-90 Agenda for Future Action Recommendations: Economic Vitality • Continue to promote Virginia Beach as a year-round destination. • Develop a Transit-Oriented Development land use and zoning strategy for the SGAs. • Reshape non-conforming business districts (e.g., Pembroke SGA-Central Village District, etc.) into well-planned and designed commercial nodes that are compatible with adopted plans and design guidelines. Recent examples of this include London Bridge Commerce Center repurposing in the Lynnhaven SGA and various commercial areas in the Resort SGA. • Update the Master Plan for Corporate Landing Park and the associated design guidelines. . . . .• • A • - • .: •• •• : • !• -• . . • • • • Inventory the conditions of neighborhood commercial centers and strip shopping centers. Consider incentives for facade improvements (e.g.,cost-share grants,etc.). Consider ariaft. -maw 4Ersimitift opportunities for repurposing over-parked commercial parking lots for possible permanent or temporary/seasonal infill uses,while adhering to recently updated commercial use parking standards in the Zoning Ordinance. • Inventory industrial zoning districts to determine if there is a sufficient supply of appropriate zoning for both light and heavy industrial uses,especially for the types of desired compatible land uses within SEGAs. Applicant City of Virginia Beach Agenda Item Public Hearing November 8, 2017 1 Interfacility Traffic Area and Vicinity Master Plan Virginia Beach Request An Ordinance to Adopt and Incorporate the"Interfacility Traffic Area and Vicinity Master Plan," dated September 2017, into the Virginia Beach Comprehensive Plan 2016,and to Amend and Revise the following Sections of the Policy Document of the Virginia Beach Comprehensive Plan 2016:Planned Land Use Map(pertaining to Special Economic Growth Areas); Executive Summary;Section 1.3 (Suburban Area);Section 1.4(Princess Anne&Transition Area);Section 1.6(Military Installations and Support);and Section 2.4(Economic Vitality). Summary of Request The existing Interfacility Traffic Area(ITA)and Vicinity Master Plan was adopted as an amendment to the Comprehensive Plan in 2011.The ITA was created in 2005 as an overlay zoning district that allows land use and development only at a density and intensity that is compatible with the frequent overflights of military jets in this part of Virginia Beach between Naval Air Station (NAS)Oceana and Naval Auxiliary Landing Field (NALF) Fentress (located in Chesapeake).The ITA overlay district comprises areas south of Princess Anne Road (east of Landstown High School)and north of Indian River Road and the North Landing River,all of which are within Air Installation Compatible Use Zones(AICUZ)greater than 65 dB DNL. Since the time of the adoption of the plan in 2011,there have been changes in circumstances within the ITA that effect some of the assumptions that the plan was based upon. One of the most significant change was the extensive purchase of property within the ITA by the City of Virginia Beach.This shift in land ownership has been primarily due to the City's ITA Acquisition Program,whereby property owners within the ITA voluntarily sold their properties to the City of Virginia Beach.As a result of the program,the City now owns approximately 3,000 acres within the ITA. Based on this change in landownership,as well as changes in environmental regulations,the Comprehensive Plan,when adopted in 2016, recommended an update of the 2011 ITA Plan as a high priority action. In August 2016,the City contracted with Urban Design Associates (UDA),who also prepared the existing 2011 ITA Plan,along with their team consisting of VHB,WPL and The Miles Agency,to develop an update to the plan. The development of the plan consisted of the following phases and milestones: • Phase 1/Understanding—Stakeholder meetings and data gathering by UDA occurred in early-October. Included in this process was a public meeting on October 13,2016 to discuss the existing plan and the changes in conditions in the area. • Phase 2/Exploring Ideas and Developing the Plan-A second public meeting was held on November 17, 2016 to explore ideas that had been generated from the input gained from the first meeting and subsequently,a first draft of the plan was developed by UDA, its consultant team,and City staff from December 2016 through July 2017. During a visit to Virginia Beach for a separate planning study, UDA provided a briefing on the first draft of the plan to the public on July 25, 2017. City of Virginia Beach Comprehensive Plan Amendment-2017 ITA and Vicinity Master Plan Update Agenda Item 10 Page 1 • Phase 3/Deciding—After the release of a second draft, public meetings were held on September 27, 2017 and October 10,2017,to obtain input on the plan. Included in the plan at that time was a chapter that provided land use and design recommendations for an area to the east of the North Landing Road and Princess Anne Road intersection,which had been designated as Courthouse East. o On October 10, 2017, UDA provided a briefing on the draft plan to the City Council,and on October 11, 2017,the same briefing was provided to the Planning Commission. o On October 9,2017,City staff provided the Agricultural Advisory Commission a briefing on the draft plan,focusing on the recommendations that pertained to the City's agricultural culture and economy. o On October 16, 2017,the Planning Commission held a workshop to discuss issues raised during the Planning Commission's briefing on October 11`h. During the workshop,the commission determined that the chapter devoted to Courthouse East should be removed from the draft ITA Plan.Accordingly,the Courthouse East chapter of the draft plan has been removed. Recommendation Staff recommends approval of the ordinance for the adoption and incorporation of the"Interfacility Traffic Area and Vicinity Master Plan" into the Virginia Beach Comprehensive Plan 2016,and for the amendment and revision of the Comprehensive Plan Policy Document to bring the Comprehensive Plan into consistency with the ITA Plan.The affected sections of the Policy Document are as follows: • Planned Land Use Map(pertaining to Special Economic Growth Areas); • Section 1.4(Princess Anne&Transition Area); • Section 1.6(Military Installations and Support);and • Section 2.4(Economic Vitality). City of Virginia Beach Comprehensive Plan Amendment—2017 ITA and Vicinity Master Plan Update Agenda Item 10 Page 2 Item#10 City of Virginia Beach An Ordinance to Adopt and Incorporate the"Interfacility Traffic Area and Vicinity Master Plan,"dated September 2017, into the Virginia Beach Comprehensive Plan 2016,and to Amend and Revise the following Sections of the Policy Document of the Virginia Beach Comprehensive Plan 2016: Planned Land Use Map (pertaining to Special Economic Growth Areas); Executive Summary;Section 1.3 (Suburban Area); Section 1.4 (Princess Anne &Transition Area); Section 1.6 (Military Installations and Support); and Section 2.4(Economic Vitality) November 8, 2017 CONSENT An Ordinance to Adopt and Incorporate the "Interfacility Traffic Area and Vicinity Master Plan,"dated September 2017, into the Virginia Beach Comprehensive Plan 2016,and to Amend and Revise the following Sections of the Policy Document of the Virginia Beach Comprehensive Plan 2016: Planned Land Use Map(pertaining to Special Economic Growth Areas); Executive Summary;Section 1.3 (Suburban Area); Section 1.4 (Princess Anne &Transition Area);Section 1.6 (Military Installations and Support);and Section 2.4(Economic Vitality). A motion was made by Commissioner Oliver and seconded by Commissioner Ripley to approve item 10. AYE 10 NAY 0 ABS 0 ABSENT 1 HODGSON AYE HORSLEY AYE INMAN ABSENT 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 10 for consent. Stephen White presented this item. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: AN ORDINANCE TO AMEND SECTIONS 111 AND 501 OF THE CITY ZONING ORDINANCE PERTAINING TO THE DELETION OF THE DEFINITION OF SERVANTS QUARTERS AND THE ADDITION OF THE DEFINITION FOR LIMITED USE ACCESSORY DWELLING UNIT. MEETING DATE: December 12, 2017 • Background: Since the adoption of the amended City Zoning Ordinance in 1973, "Servants Quarters" has been listed as an accessory use in the R-40 (or equivalent) Residential Zoning Districts. "Servants Quarters'is defined as a dwelling or lodging unit for domestic servants employed on the premises. The proposed amendment will replace "Servants Quarters" in the Ordinance with a new use, "Limited Use Accessory Dwelling Unit." A limited use accessory dwelling unit will continue to allow for an on-site employee to reside in accessory structures, and also extends the scope to include members of the immediate family of the residents of the principal dwelling. • Considerations: The requirements to meet the definition of a Limited Use Accessory Dwelling Unit are as follows. 1. Occupied by only immediate family member(s) who currently reside in and are owners of the principal dwelling, or is an on-site employee. 2. Only allowed in R-40 District. 3. Shall not be rented, leased or used for any use except as specified in item 1 above. 4. Shall not have more than one bedroom and shall not be larger than 800 square feet of floor area. 5. Floor area of the accessory dwelling shall be counted towards the total allowable square feet of accessory structures for the lot. Further details pertaining to the amendment, as well as Staffs evaluation are provided in the attached Staff report. There is no known opposition to this request. • Recommendations: City Staff recommends approval of this request. The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request. City of Virginia Beach- Limited Use Accessory Dwelling Unit Page 2 of 2 • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Ordinance Recommended Action: Staff recommends Approval. Planning Commission f'��/.�{/j�l recommends Approval. t�G4y� �/ l Submitting Departm gency: Planning Department YY City Manager: 1 AN ORDINACE TO AMEND SECTIONS 111 AND 501 2 OF THE CITY ZONING ORDINANCE PERTAINING TO 3 THE DELETION OF THE DEFINITION OF SERVANTS 4 QUARTERS AND THE ADDITION OF THE 5 DEFINITION FOR LIMITED USE ACCESSORY 6 DWELLING UNIT 7 8 Sections Amended: § 111 and 501 of the City Zoning 9 Ordinance 10 11 WHEREAS, the public necessity, convenience, general welfare and good zoning 12 practice so require; 13 14 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 15 VIRGINIA: 16 17 That Sections 111 and 501 of the City Zoning Ordinance are hereby amended and 18 reordained to read as follows: 19 20 Sec. 111. Definitions 21 22 23 24 Family. A "family" is: 25 26 (a) An individual living alone in a dwelling unit; or 27 28 (b) Any of the following groups of persons, living together and sharing living 29 areas in a dwelling unit: 30 31 (1) Two (2)or more persons related by blood, marriage, adoption, or approved 32 foster care; 33 34 (2) A group of not more than four(4) persons (including servants) on premise 35 employees) who need not be related by blood, marriage, adoption or 36 approved foster care; 37 38 39 40 Limited use accessory dwelling unit. A dwelling unit located on the same zoning 41 lot as the principal dwelling unit which (i) shall only be occupied by a member(s) of the 42 immediate family who currently reside in and are owners of the principal dwelling unit or 43 an on premise employee, (ii) are only allowed in the R-40 Residential Zoning District as 44 an accessory use, (iii) shall not be rented, leased or otherwise used for any purpose not 45 specifically permitted, (iv) shall not contain more than one (1) bedroom nor more than 46 eight hundred (800) square feet of building floor area, and (v) the building floor area of 47 the limited use accessory dwelling unit shall be counted toward the maximum accessory 48 structure building floor area of the zoning lot. For the purposes of this definition a 49 "member(s) of the immediate family" means any person who is a natural or legally 50 adopted child or grandchild, grandparent, parent or spouse of a family member that 51 resides in the principal dwelling, and an "on premise employee" means one who is 52 employed, for compensation, by a family member residing in the principal dwelling and 53 must provide an on premise service such as, but not limited to, caretaker, childcare 54 provider, landscaper, or chef. 55 56 . . . . 57 58 _ c -. - . . . . :: : •: :e •^ .- • . • - " " -- _ 59 the-premises 60 61 . . . . 62 63 Sec. 501. Use regulations. 64 65 . . . . 66 67 (a) Accessory uses and structures. Uses and structures which are customarily 68 accessory and clearly incidental and subordinate to principal uses and structures and 69 where such accessory structures do not exceed the height of the principal structure and, 70 in all residential zoning districts, except for R-30 and R-40, do not exceed five hundred 71 (500) square feet of floor area or twenty (20) percent of the floor area of the principal 72 structure, whichever is greater. In the R-30 and R-40 residential zoning districts, 73 accessory uses and structures shall not exceed thirty (30) percent of the floor area of 74 the principal structure. Such accessory uses and structures include but are not limited 75 to: 76 77 (1) Detached guest house and servants-quarters limited use accessory dwelling 78 unit within the R-40 District only; 79 80 (2) Bees; 81 82 . . . . 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: nning Dep rtment , : City Attorney' ' ice CA14041/R-2/September 13, 2017 Applicant City of Virginia Beach Agenda Item Public Hearing November 8, 2017 Limited Use Accessory Dwelling Unit 1 1 Virginia Beach Request An Ordinance to Amend Sections 111 and 501 of the City Zoning Ordinance pertaining to the Deletion of the Definition of Servants Quarters and the Addition of the Definition for Limited Use Accessory Dwelling Unit. Summary of Request Since the adoption of the amended City Zoning Ordinance in 1973, "Servants Quarters" has been listed as an accessory use in the R-40 (or equivalent) Residential Zoning Districts. "Servants Quarters" was defined as a dwelling or lodging unit for domestic servants employed on the premises. On larger lots and estates, it is not unreasonable to have caretakers, landscapers, chefs, etc.employed by the homeowners reside on the site. Although this living arrangement still occurs on occasion,the use of these accessory structures has changed greatly in the past 45 years.Staff recognizes that these accessory structures are more often being occupied by family members, and therefore recommends this amendment to the Zoning Ordinance. The proposed amendment will replace "Servants Quarters" in the Ordinance with a new use, "Limited Use Accessory Dwelling Unit."A limited use accessory dwelling unit will continue to allow for an on-site employee to reside in the structure,and also extends the scope to include members of the immediate family of the residents of the principal dwelling.The requirements that must be met are as follows. 1. Occupied by only immediate family member(s)of who currently reside in and are owners of the principal dwelling or and on-site employee. 2. Only allowed in R-40 District. 3. Shall not be rented, leased or used for any use except as specified in item 1 above. 4. Shall not have more than one bedroom and shall not be larger than 800 square feet of floor area. 5. Floor area of the accessory dwelling shall be counted towards the total allowable square feet of accessory structures for the lot. For the purpose of this Ordinance, "member(s)of the immediate family" means any person who is a natural or legally adopted child or grandchild,grandparent, parent or spouse of a family member that resides in the principal dwelling, and "on premise employee" means one who is employed, for compensation, by a family member residing in the principal dwelling and must provide anon premise service such as, but not limited to,caretaker,childcare provider, landscaper, or chef. City of Virginia Beach Agenda Item 11 Page 1 Recommendation Staff recommends approval of this Ordinance.This amendment will allow for the expanded use of accessory dwelling units on large, R-40 zoned lots that is consistent with the way these structures are typically being used. City of Virginia Beach Agenda Item 11 Page 2 Item#11 City of Virginia Beach An Ordinance to Amend Sections 111 and 501 of the City Zoning Ordinance pertaining to the Deletion of the Definition of Servants Quarters and the Addition of the Definition for Limited Use Accessory Dwelling Unit November 8,2017 CONSENT An Ordinance to Amend Sections 111 and 501 of the City Zoning Ordinance pertaining to the Deletion of the Definition of Servants Quarters and the Addition of the Definition for Limited Use Accessory Dwelling Unit. A motion was made by Commissioner Oliver and seconded by Commissioner Ripley to approve item 11. AYE 10 NAYO ABSO ABSENT 1 HODGSON AYE HORSLEY AYE INMAN ABSENT KWASNY AYE OLIVER AYE REDMOND AVE RIPLEY AVE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 10-0,the Commission approved item 11 for consent. Kevin Kemp appeared before the Commission. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: AN ORDINANCE TO AMEND SECTIONS 801, 901, AND 2203 OF THE CITY ZONING ORDINANCE PERTAINING TO BUSINESS AND VOCATIONAL SCHOOLS IN THE OFFICE, BUSINESS AND THE CENTRAL BUSINESS CORE DISTRICTS. MEETING DATE: December 12, 2017 • Background: Regardless of the scope and/or size of the facility, the current zoning ordinance requires all business and vocational schools to obtain a Conditional Use Permit within the Office, Business and Central Business Core Districts. Although Conditional Use Permit applications for large business and vocational schools have been considered from time-to-time, a majority of these applications involve operations significantly smaller in scale. This amendment will allow business and vocational schools under 7,500 square feet within the Office, Business and the Central Business Core Districts to operate as a matter of right, while continuing to require larger schools to seek a Conditional Use Permit. • Considerations: This amendment recognized that small scale business and vocational schools have a minimal impact on surrounding properties. Allowing these smaller schools by-right assists small business owners by simplifying the process of obtaining all the necessary City approvals to operate. Further details pertaining to the amendment, as well as Staffs evaluation are provided in the attached Staff report. There is no known opposition to this request. • Recommendations: City Staff recommends approval of this request. The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Ordinance Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. City of Virginia Beach- Business & Vocational Schools Page 2 of 2 Submitting Departm- i Agency: Planning Department ;�/ iCity Manage 1 AN ORDINANCE TO AMEND SECTIONS 2 801, 901 AND 2203 OF THE CITY ZONING 3 ORDINANCE PERTAINING TO BUSINESS 4 AND VOCATIONAL SCHOOLS IN THE 5 OFFICE, BUSINESS AND THE CENTRAL 6 BUSINESS CORE DISTRICTS 7 8 Sections Amended: §§ 801, 901 and 2203 of 9 the City Zoning Ordinance 10 11 WHEREAS, the public necessity, convenience, general welfare and good zoning 12 practice so require; 13 14 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 15 BEACH, VIRGINIA: 16 17 That Sections 801, 901 and 2203 of the City Zoning Ordinance are hereby 18 amended and reordained to read as follows: 19 20 ARTICLE 8. - OFFICE DISTRICTS 21 22 23 24 Sec. 801. - Use regulations. 25 26 (a) Principal and conditional uses. The following chart lists those uses permitted 27 within the 0-1 and 0-2 Office Districts. Those uses and structures in the respective 28 office districts shall be permitted as either principal uses indicated by a "P" or as 29 conditional uses indicated by a "C." Uses and structures indicated by an "X" shall be 30 prohibited in the respective districts. No uses or structures other than as specified shall 31 be permitted. 32 Use 01 02 Business and vocational schools which do not involve the operation of woodwork shops, machine shops or other similar facilities, with a floor area C P greater than 7,500 square feet Business and vocational schools which do not involve the operation of woodwork shops, machine shops or other similar faciltieis, with a maximum P P floor area of 7,500 square feet 33 34 ARTICLE 9. - BUSINESS DISTRICTS 35 36 37 38 Sec. 901. - Use regulations. 39 40 (a) Principal and conditional uses. The following chart lists those uses permitted 41 within the B-1 through B-4K Business Districts. Those uses and structures in the 42 respective business districts shall be permitted as either principal uses indicated by a 43 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 44 shall be prohibited in the respective districts. No uses or structures other than as 45 specified shall be permitted. 46 Use B- B- B- B- B- B- B- 1 1A 2 3 4 4C 4K Business and vocational schools which do not involve the operation of woodwork shops, machine shops or other X C CC C C SGC similar facilities with a floor area greater than 7,500 square feet Business and vocational schools which do not involve the operation of woodwork shops, machine shops or other X P PPP P P similar facilities, with a maximum floor area of 7,500 square feet 47 48 ARTICLE 22. - CENTRAL BUSINESS CORE DISTRICT 49 50 51 52 Sec. 2203. - Use regulations. 53 54 (a) The following chart lists those uses permitted within the Central Business Core 55 District. Uses and structures shall be allowed either as principal uses, indicated by a 56 "P", or as conditional uses, indicated by a "C." Uses and structures indicated by an "X" 57 shall be prohibited, unless allowed by special exception for Alternative Compliance 58 pursuant to Section 2205. No uses or structures other than as specified herein or as 59 allowed pursuant to subsection (b) shall be permitted. 60 Use District CBC Business and vocational schools which do not involve the operation of woodwork shops, machine shops or other similar facilities, with a floor area C greater than 7,500 square feet Business and vocational schools which do not involve the operation of woodwork shops, machine shops or other similar facilities, with a maximum P floor area of 7,500 square feet 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: anning D=.-rtment City Attorney's 0 CA14148 R-1 September 12, 2017 Applicant City of Virginia Beach Agenda Item Public Hearing November 8, 2017 Business & Vocational Schools in Office, Business & 12 Central Business Core Districts Virginia Beach Request An Ordinance to Amend Sections 801, 901,and 2203 of the City Zoning Ordinance Pertaining to Business and Vocational Schools in the Office, Business and the Central Business Core Districts. Summary of Request Under the current zoning requirements, business and vocational schools require a conditional use permit within the office, business and Central Business Core districts.The purpose of going through the conditional use permit process is to evaluate these facilities in regard to their impact on the surround community. Institutions such as ECPI,Strayer University, Institute of the Arts and similar, can generate high volumes of traffic and operate outside standard work hours. Although conditional use permit applications for large business and vocational schools have been completed,a majority of the use permits involve operations significantly smaller in scale.This amendment would allow for the small operations (such as the barber who uses two chairs in their salon to teach hair cutting)to be permitted in office, business and the CBC districts as a matter of right. Specifically, business and vocational schools with a floor area less than 7,500 square feet are a permitted "P" use in the following districts: 0-1,0-2, B-1A, B-2, B-3, B-4, B-4C, B-4K, &CBC. Business and vocational schools larger than 7,500 square feet will remain a conditional use "C." Recommendation Staff recommends approval of this Ordinance.This amendment will significantly help small business owners wishing to operate a business and vocational school by decreasing the time and resources required to obtain a business license and certificate of occupancy. City of Virginia Beach Agenda Item 12 Page 1 Item#12 An Ordinance to Amend Sections 801, 901,and 2203 of the City Zoning Ordinance Pertaining to Business and Vocational Schools in the Office, Business and the Central Business Core Districts November 8, 2017 CONSENT An Ordinance to Amend Sections 801,901, and 2203 of the City Zoning Ordinance Pertaining to Business and Vocational Schools in the Office, Business and the Central Business Core Districts. A motion was made by Commissioner Oliver and seconded by Commissioner Ripley to approve item 12. AYE 10 NAY ABSO ABSENT 1 HODGSON AYE HORSLEY AYE INMAN ABSENT KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE THORNTON AYE WALL AYE WEINER AYE By a vote of 10-0,the Commission approve item 12 for consent. Kevin Kemp appeared before the Commission. K.APPOINTMENTS BEACHES and WATERWAYS ADVISORY COMMISSION CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD PERSONNEL BOARD PROCESS IMPROVEMENT STEERING COMMITTEE SENIOR SERVICES OF SOUTHEASTERN VIRGINIA STORMWATER APPEALS BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT If you are physically disabled or visually Impaired and need assistance at this meeting,please call the CITY CLERK'S OFFICE at(757)385-0303 mamma may maim ma ma • CITY COUNCIL SESSIONS for January 2, 2018 Postponed to January 9, 2018 12/12/17 jag CITY OF VIRGINIA B&1 CH SUMMARY OF COUNCIL ACTIONS DATE.12/052017 PAGE. 1 D A AGENDA V ITEM SUBJECT MOTION VOTE A F H E W O N E J S U I B P DNOK MS HL W O 0 Y L N A O 0 R SO TR F E ENSM 1 00 T T ' R Y S ESSNND CITY COUNCIL BRIEFINGS A. AFRICAN AMERICAN Dr.Amelia N. CULTURAL CENTER Ross-Hammond B. MINORITY BUSINESS COUNCIL ANNUAL REPORT Patti Phillips, Director—Finance Taylor Adams, Purchasing Agent 11. CITY MANAGER'S BRIEFINGS Phillip Rochrs, — A. SANDBRIDGE BEACH Public Works REPLENISHMENT PROJECT B. OWLS CREEK Ronald II. REDEVELOPMENT Williams,Jr., Deputy City Manager II/III/IV/VI CERTIFICATION OF CLOSED VI SESSION CERTIFIED 10-0 V V Y Y Y Y Y Y Y A V A-E F/G MINUTES: November 21,2019 APPROVED 9-0 Y V V V V A Y V V A Y B S A e D 11./I PUBLIC HEARING NO SPEAKERS LEASE OF CITY-OWNED PROPERTY Meyers E.Oberndorf Central Library re a coffee shop I/I. Ordinances to AMEND the City Code'. ADOPTED,BY 10-0 YY V Y V V Y1' V A V a. re merchants/markets in Creative CONSENT Districts b. re Business Permits for the Residential Parking Permit/Auto Fee Collection for Commercial Lots 2 Resolution to MOVE the January 2, ADOPTED,BY I0-0 Y V Y V Y YVY Y A V 2018,Sessions of City Council to CONSENT January 9,2018;and,Open Dialogue will be scheduled for January 9,2018 CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:12/05/2017 PAGE: 2 D A AGENDA V ITEM W SUBJECT MOTION VOTE A E H E W B N E J S I1 1 B P DNOK MS 11 L W O O Y LNAOOR S 0 TR E E E N S M I 00 T T R Y S E SSNND 3 Ordinance to EXECUTE a renewable ADOPTED,BY 10-0 Y V Y V V Y Y V Y A Y Lease with Jolly Roasters,LLC re a CONSENT coffee shop at Meyera E.Oberndorf Central Library 4. Ordinances to ACCEPT and ADOPTED,BY 10-0 V NY V V Y Y V V AY APPROPRIATE: CONSENT a $2,346,020 to the Indian River/Kempsville Road Intersection/TRANSFER funding to Sandbridge Road-Nimmo Parkway Phase VII-A project b. 5500,000 to Elbow Road Extension,Phase 11-C 1/I. ELITE THERAPIES,INC./ROSE. APPROVED/ 10-0 Y TY V NY V Y Y AY HALL SHOPPES ASSOCIATES for a CONDITIONED, CUP re a tattoo parlor at 3101 BY CONSENT, Virginia Beach Boulevard DISTRICT 6 —BEACH 2. NEW CINGULAR WIRELESS PCS, APPROVED/ 10-0 Y Y V V V V Y V V AY LLC C/O JACOBS CONDITIONED, TELECOMMUNICATIONS BY CONSENT INC./AIMOCO MAPLE BAY,LLC for a CUP rea small cell wireless facility at 1800 English Court DISTRICT 6—BEACH 3. MCNEEL PROPERTIES,LLC/REED APPROVED/ 10-0 Y Y V VS' V Y V V A V ENTERPRISES, INC. at 3249 Dam CONDITIONED, Neck Road: BY CONSENT a. Modification of Conditions to REVISE re an auto repair shop (Approved May 16,2017) b. CUP re a bulk storage yard DISTRICT 7—PRINCESS ANNE 4. REED ENTERPRISES,INC. APPROVED/ 10-0 V Y Y V V V NY Y A Y Modification of Conditions to REMOVE CONDITIONED, the Auto Repair at Holland/Dam Neck BV CONSENT Roads DISTRICT 7—PRINCESS ANNE CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:12/05/2011 PAGE: 3 D A AGENDA V ITEM if SUBJECT MOTION VOTE A E H E W B N F J S U 1 B P DNORMS H L W O 0 Y L NAOOR S 0 T R FE ENSMI 00 T TR Y S E S SNND 5. SPENCE CROSSING PROPERTIES, DEFERRED TO 10-0 Y Y Y Y V V Y Y Y A Y LC at Princess Anne Road/South 12/12/17, Independence Boulevard: BY CONSENT a Conditional COZ from Conditional BA to Conditional PD-H2(A-I 2) Modification of Proffers re removal of a Deed restriction DISTRICT I—CENTERVILLE 6. BAKER VILLAS, LLC/OCEAN APPROVED/ 9-0 V Y Y Y Y Y Y A Y A Y RENTAL PROPERTIES,LLC,ET AL PROFFERED B COZ from R-75 to Conditional A-I8 at BY CONSENT 504 Baker Road/5501/5505/5513 Connie T lane A DISTRICT 2—KEMPS VILLE 1 N D 1. GOODWILL OF APPROVED/ 10-0 YY Y V V YVY Y AY CENTRAL/COASTAL VIRGINIA, PROFFERED INC/SOUTHERN BANK AND BY CONSENT TRUST COMPANY for a Conditional COZ from 0-2 to Conditional B-2 at 1124 First Colonial Road DISTRICT 5— UVNNHAVEN 8. CITY OF VIRGINIA BEACH APPROVED/ 9-0 Y Y Y Y Y Y Y A Y A V Conditional COZ from I-1 and R-15 to PROFFERED/ Conditional I-I at 373/411 South W ITl I Birdneck Road ADDITIONAL DISTRICT 6—BEACH CONDITIONS AT TIME OF SALES CONTRACT 9. Ordinance to AMEND/REORGANIZE ADOPTED,BY 10-0 Y V Y V Y V V V Y A Y Appendix I,Oceanfront Resort CONSENT District Form-Bused Code,of CZO 10. Ordinance to ADOPTED 9-0 Y Y Y Y Y Y Y A Y A Y ADOPT/INCORPORATE into the 2016 Comprehensive Plan the"ViBe Creative District Connectivity Plan / Oceanfraot Resort District Connector Park Design Guidelines,"/AMEND the"2017 Oceanfront Resort District Design Guidelines" CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE.12105/2017 PAGE: 4 D A AGENDA V ITEM# SUBJECT MOTION VOTE A E H E W B N E J S U I B P D N O K MS H L W O O Y L N A OOR S 0 T R E E EN SM I 00 T T R Y SE S SNND 11. Ordinance to AMEND Sections CZO re ADOPTED,BY 10-0 V Y V Y V V V V Y A Y Municipal Oceanfront Entertainment CONSENT Venue/DELETE the requirement of Ten Year Shared Parking agreements K. APPOINTMENTS: RESCHEDULED B V CON S ENS US BEACHES and WATERWAYS ADVISORY COMMISSION CLEAN COMMUNITY COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE SENIOR SERVICES OF SOUTHEASTERN VIRGINIA STORM WATER APPEALS BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION COMMUNITY SERVICES BOARD Appointed:3 Yr 9-0 Y V Y V Y Y Y A Y A V Term I/1/18-12/31/20 Molly Trask Cameron Randle Reappointed: Linda Bright Joyce Harvey Allan Marsden HAMPTON ROADS ECONOMIC Appointed: 9-0 V V V V V Y Y A Y A V DEVELOPMENT ALLIANCE I Yr Term I/1/I8-12131/18 Shannon Kane Jeff Ainslie Reappointed: Bryan Cuflee Dorcas Helfant- Browning MILITARY ECONOMIC Appointed: 9-0 V Y V Y V Y V A Y AV DEVELOPMENT ADVISORY Unexpired thru COMMITTEE(MEDAC) 2/28120 Captain Louis I. Schaper PLANNING COMMISSION Reappointed: 9-0 V V YR YR Y AY A V 4 Yr Term 1/1/18-12/31/21 David Weiner CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:12/05/2019 PAGE: 5 D A AGENDA V ITEM# SUBJECT MOTION VOTE A E B N E J S U 1 B P D N 0 K M S H L N O 0 Y L N A 0 0 R S 0 IRE E F. N SM 1 0 0 T TR Y S ES S N N D RESORT ADVISORY COMMISSION Appointed:3 Yr 9-0 V Y V Y Y V Y A Y A Y Term I/I/IS—12/31/20 Ronald J. Villanueva Reappointed: Bryan Coffee Laura Habit Randy Thompson LMVN ADJOURNMENT 7:37 PM OPEN DIALOGUE 9.39—7:42 pm 3 SPEAKERS