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11-13-2018 AGENDA
CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR LOUIS R.JONES,Bayside-District 4 t4�'1N `� Cly VICE MAYOR JAMES L. WOOD,Lynnhaven-District 5 JESSICA P.ABBOTT Kempsville-District 2 M.BENJAMIN DAVENPORT,At Large C �, ' :2 ROBERT M.DYER,Centerville-District I U ` Y BARBARA M HENLEY Princess Anne-District 7 t , <.� .' SHANNON DS KANE,Rose Hall-District 3 ;"' F' JOHN D.MOSS,At Large �'*•of ``� JOHN E.UHRIN,Beach-District 6 °U° 'a SONS ROSEMARY WILSON,At-Large • 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-RONALD D.AGNOR FAX(757)385-5669 (ITYCLERK AMANDA BARNES IAS November 13,2018 E-MAIL:CITYCOUNCIL@vbgov.com MAYOR LOUIS R. JONES PRESIDING I. CITY MANAGER'S BRIEFINGS - Conference Room - 4:00 PM A. STORMWATER OPERATIONS AND MAINTENANCE Mark Johnson, Director—Public Works Phil Koetter, Acting Operations Engineer B. HOMELESSNESS INTERVENTION IN SELECTED CITIES Andrew Friedman, Director—Housing and Neighborhood Preservation C. SKILLQUEST/DHS AGENDA HIGHLIGHTS Dannette Smith, Director—Human Services D. "SOMETHING IN THE WATER"FESTIVAL Ronald H. Williams,Jr., Deputy City Manager II. CITY COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - Conference Room - 5:30 PM A. CALL TO ORDER—Mayor Louis R. Jones B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER—Mayor Louis R. Jones B. INVOCATION: Father Robert J. Cole Pastor, Saint John the Apostle Catholic Parish C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS October 16, 2018 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. PUBLIC HEARINGS 1. FY 2018-19 CAPITAL BUDGET AMENDMENT School Renovation and Replacement Projects 2. FY 2018-19 OPERATING BUDGET AMENDMENT Norfolk-Virginia Beach Water Services Agreement I. ORDINANCES/RESOLUTIONS 1. Ordinance to APPROPRIATE $24,417,731 for FY 2017-18 School Reversion Funds 2. a. Ordinance to APPROPRIATE $20-Million and TRANSFER$2.4-Million within the Public Utilities FY 2018-19 Operating Budget re First Amendment to Amended and Restated Water Services Contract between Norfolk and Virginia Beach b. Resolution to AUTHORIZE the City Manager to EXECUTE the Raw Water Sales Agreement by and between Norfolk and Virginia Beach 3. Resolution to SUPPORT the ratification by Virginia of the Equal Rights Amendment to the United States Constitution 4. Ordinance to AUTHORIZE one (1) position in the City Manager's Office to provide administrative support to the Mayor, Vice Mayor, and City Council re constituent issues 5. Ordinance to AUTHORIZE temporary encroachments into a portion of City property known as Lake Joyce and the 25' strip of land around Lake Joyce located at the rear of 4316 Ben Gunn Road re remove existing bulkhead; and, construct and maintain steps, pier, mooring piles, and riprap 6. Ordinance to AUTHORIZE $25,000 payment from the Cultural Affairs FY 2018-19 Operating Budget to the Virginia Beach Development Authority (VBDA) re ViBe Matching Grants 7. Ordinance to TRANSFER$292,000 within the Sheriff's Office FY 2018-19 Operating Budget re convert five (5) full-time positions to ten (10) part-time positions 8. Ordinance to TRANSFER$809,087 within the Department of Human Services (DHS) re reassign nine (9) full-time and one (1) part-time positions 9. Ordinance to ACCEPT and APPROPRIATE State and Federal Funds to the Virginia Beach Department of Human Services (DHS) FY 2018-19 Operating Budget: a. $555,620 and AUTHORIZE eight(8)positions re Financial Assistance Division b. $499,582 and AUTHORIZE one (1)position re support Child Services Act (CSA) Program c. $260,346 and AUTHORIZE four(4)positions re support Part C Infant Program d. $270,000 and AUTHORIZE five (5)positions re support Same Day Access Initiative e. $63,000 and AUTHORIZE one (1) position re support Kinship Navigator Program f. $306,547 re operating costs and support of adoption services 10. Ordinance to ACCEPT and APPROPRIATE $85,108 from the Edward Byrne Justice Assistance Grant re law enforcement purposes J. PLANNING 1. BISHARD HOMES,LLC for a Variance to Section 4.4(b) of the Subdivision Regulations re lot width at 1416 Mill Dam Road DISTRICT 5 —LYNNHAVEN RECOMMENDATION: APPROVAL 2. FWM RESIDENTIAL RENTAL PROPERTIES, LLC for a Variance to Section 4.4(b) of the Subdivision Regulations re lot width at 425 Old Great Neck Road and the southwest adjacent parcel DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 3. KIRBOR,LLC for a Variance to Section 4.4(b) of the Subdivision Regulations re lot width at 3716 West Neck Road DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 4. 27th 'A STREET GARAGE, LLC/27TH STREET HOTEL ASSOCIATES, LLC for Special Exception for Alternative Compliance to the Ocean Front Resort District Form-Based Code re total coverage of multi-family dwelling units at 2613, 2701, and 2705 Atlantic Avenue, 203 27th Street, and 2701 Pacific Avenue DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 5. DAM NECK STORAGE PARTNERS, LLC for a Modification of Proffers to a Conditional Change of Zoning from R-20 Residential to I-1 Industrial and a Modification of Conditions re storage container size at the southeast corner of Harpers Road and Dam Neck Road DISTRICT 7 —PRINCESS ANNE RECOMMENDATION: APPROVAL 6. TONYA MITCHELL/BO WANG for Conditional Use Permit re family day-care home at 1501 Three Gait Trail DISTRICT 3 —ROSE HALL RECOMMENDATION: APPROVAL K. APPOINTMENTS BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS —ELECTRICAL DIVISION —NEW CONSTRUCTION DIVISION —PLUMBING AND MECHANICAL DIVISION BOARD OF ZONING APPEALS CHESAPEAKE BAY PRESERVATION AREA BOARD COMMUNITY SERVICES BOARD DEFERRED COMPENSATION BOARD HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE HISTORIC PRESERVATION COMMISSION HISTORICAL REVIEW BOARD HUMAN RIGHTS COMMISSION INVESTIGATION REVIEW PANEL MINORITY BUSINESS COUNCIL PERSONNEL BOARD PLANNING COMMISSION PUBLIC LIBRARY BOARD RESORT ADVISORY COMMISSION STORMWATER APPEALS BOARD TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION WETLANDS BOARD L. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT *********************** PUBLIC COMMENT Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ****************************** 11/06/18 PM MAYOR LOUIS R. JONES PRESIDING I. CITY MANAGER'S BRIEFINGS - Conference Room - 4:00 PM A. STORMWATER OPERATIONS AND MAINTENANCE Mark Johnson, Director—Public Works Phil Koetter, Acting Operations Engineer B. HOMELESSNESS INTERVENTION IN SELECTED CITIES Andrew Friedman, Director—Housing and Neighborhood Preservation C. SKILLQUEST/DHS AGENDA HIGHLIGHTS Dannette Smith, Director—Human Services D. "SOMETHING IN THE WATER"FESTIVAL Ronald H. Williams, Jr., Deputy City Manager II. CITY COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW -._............. V. INFORMAL SESSION - Conference Room - 5:30 PM A. CALL TO ORDER—Mayor Louis R. Jones B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor Louis R. Jones B. INVOCATION: Father Robert J. Cole Pastor, Saint John the Apostle Catholic Parish C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS October 16, 2018 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA • .. 5 v R a s) )�s� ''�rs "';�� S.p PUBLIC NOTICE CITY OF VIRGINIA BEACH REGULAR MEETING OF THE CRY COUNCIL TO BE HELD NOVEMBER 13, 2018 AND THE REGULAR MEETING SCHEDULED FOR NOVEMBER 6,2018 IS CANCELLED By resolution adopted October 16.2018,the City Council of the City of Virginia Beach will hold a regular meeting - both formal and informal sessions - on November 13, 2018. This regular meeting replaces the usual regular meeting that was scheduled for November 6, tit` 2018,which is the date of the general election. The Formal Session will be held at 6 p.m. in the City Council Chamber. Second Floor, City Hall. The agenda for the Informal Session will be announced in the same manner as this information is normally provided. If you are physically disabled or visually Impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385.4303; Hearing impaired, call: TDD only 711 (TDD - Telephonic Device for the Deaf). Amanda Barnes,MMC City Clerk BEACON: November 4,2018 H. PUBLIC HEARINGS 1. FY 2018-19 CAPITAL BUDGET AMENDMENT School Renovation and Replacement Projects 2. FY 2018-19 OPERATING BUDGET AMENDMENT Norfolk-Virginia Beach Water Services Agreement I 41 irJ ,. It PUBLIC HEARING AMENDMENT TO THE FY 2018-19 CAPITAL BUDGET: Appropriation of $9,780,000 for School Renovation and Replacement Projects On Tuesday, November 13, 2018, at 6:00 p.m. in the City Council Chamber on the second floor of the City Hall Building. 2401 Courthouse Drive,Virginia Beach, Virginia, the Virginia Beach City Council will hold a Public Hearing on a proposed amendment to the FY 2018-19 Capital Budget. The amendment is necessary to appropriate, by ordinance or ordinances, $9,780,000 in additional funding from the reversion of FY 2017-18 School funds to the CIP fund. The funding will support various renovations and replacements in Capital Project#1-184 Plaza Annex Office Addition for $6,980.000 and Capital Project #1-003 Renovations and Replacements for$2,800,000. This Hearing is open to the public and all interested citizens will have an opportunity to be01) heard. Individuals desiring to provide written comments may do so by contacting the City Clerk's Office at 385-4303. If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 3854303; Hearing impaired call 711(Virginia Relay -Telephone Device for the Deaf). Amanda Barnes,MMC City Clerk BEACON LEGALS: November 4, 2018 fr:�-* izy-7 ma , ti ,.,.%,,e;....„, tib I�,J PUBLIC HEARING AMENDMENT TO THE FY 201819 OPERATING BUDGET: Appropriation of $20,000,000 for Water Contract On Tuesday, November 13, 2018, at 6:00 p.m. in the City Council Chamber on the second floor of the City Hall Building, 2401 Courthouse Drive,Virginia Beach, Virginia, the Virginia Beach City Council wit hold a public hearing on a proposed amendment to the FY 2018-19 Operating Budget that exceeds 1% of the FY 2018-19 appropriation. The amendment is necessary to appropriate, by ordinance, $20,000,000 in additional funding to allow the City Council to authorize execution of an extension of the Water Services Agreement between the City of Virginia Beach and the City of Norfolk. The Council will also review the execution of the Water Sales Agreement and authorize a transfer of funds (approximately$2.4 million)for the current fiscal year to pay for the City's obligations pursuant to the Water Sales Agreement. This public hearing is open to the public and all interested citizens will have an opportunity to be heard. Individuals desiring to provide written comments may do so by contacting the City Clerk's Office at 385-4303. It you are physically disabled or visually impaired and need assistance at this meeting, please call 385-4303; Hearing impaired,TDD-711 All interested parties are invited to attend. Amanda Barnes,MMC City Clerk Beacon: Sunday,November 4, 2018. I. ORDINANCES/RESOLUTIONS 1. Ordinance to APPROPRIATE $24,417,731 for FY 2017-18 School Reversion Funds 2. a. Ordinance to APPROPRIATE $20-Million and TRANSFER$2.4-Million within the Public Utilities FY 2018-19 Operating Budget re First Amendment to Amended and Restated Water Services Contract between Norfolk and Virginia Beach b. Resolution to AUTHORIZE the City Manager to EXECUTE the Raw Water Sales Agreement by and between Norfolk and Virginia Beach 3. Resolution to SUPPORT the ratification by Virginia of the Equal Rights Amendment to the United States Constitution 4. Ordinance to AUTHORIZE one (1)position in the City Manager's Office to provide administrative support to the Mayor, Vice Mayor, and City Council re constituent issues 5. Ordinance to AUTHORIZE temporary encroachments into a portion of City property known as Lake Joyce and the 25' strip of land around Lake Joyce located at the rear of 4316 Ben Gunn Road re remove existing bulkhead; and, construct and maintain steps, pier, mooring piles, and riprap 6. Ordinance to AUTHORIZE $25,000 payment from the Cultural Affairs FY 2018-19 Operating Budget to the Virginia Beach Development Authority(VBDA) re ViBe Matching Grants 7. Ordinance to TRANSFER$292,000 within the Sheriff's Office FY 2018-19 Operating Budget re convert five(5) full-time positions to ten (10) part-time positions 8. Ordinance to TRANSFER$809,087 within the Department of Human Services (DHS)re reassign nine (9) full-time and one (1) part-time positions 9. Ordinance to ACCEPT and APPROPRIATE State and Federal Funds to the Virginia Beach Department of Human Services (DHS) FY 2018-19 Operating Budget: a. $555,620 and AUTHORIZE eight(8)positions re Financial Assistance Division b. $499,582 and AUTHORIZE one (1)position re support Child Services Act(CSA) Program c. $260,346 and AUTHORIZE four(4) positions re support Part C Infant Program d. $270,000 and AUTHORIZE five (5) positions re support Same Day Access Initiative e. $63,000 and AUTHORIZE one (1)position re support Kinship Navigator Program f. $306,547 re operating costs and support of adoption services 10. Ordinance to ACCEPT and APPROPRIATE $85,108 from the Edward Byrne Justice Assistance Grant re law enforcement purposes / .,.�1.\Bim': • CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Appropriate FY 2017-18 School Reversion Funds MEETING DATE: November 13, 2018 • Background: On September 25, 2018, the School Board was presented a summary of the un-audited financial statement for FY 2017-18 in which $22,881,964 lapsed and reverted to the City's General Fund; additionally, actual school formula revenues exceeded budgeted amounts by $1,535,767, generating a net balance of $24,417,731 , which is available for appropriation or other action by the City Council. In the past, Council has appropriated such funds to the Schools. Under the City Council policy, the Schools can only apply these funds to one-time costs and not continuing obligations. Additionally, in 2003 at the request of the School Board, the City Council approved an ordinance, which established in the City's accounting structure the "School Reserve Special Revenue Fund." At that time, the City Council was provided with School Board Policy 3-28, which describes the purposes of this Fund (the "Policy"). The Policy provides that the purpose of the fund is to allow the School Board to be in a better position to respond to (i) unexpected shortfalls in state or federal revenues; (ii) emergency expenditures of a nonrecurring nature that would not have been anticipated at the time of preparation and adoption of the School Operating Budget; or(iii)other fiscal emergencies. In an effort to limit the size of the Fund, the Policy imposes a cap in the amount of money in the Fund. That limitation is two percent of the previous year's Schools Operating Budget. The request from Schools exceeds two percent (as discussed in detail below), but because it is Council's policy, the Council may exceed the two percent limitation. • Considerations: At its October 9th meeting, the School Board adopted a resolution requesting that reversion funds totaling $24,417,731 be appropriated for the following: o $5,632,731 to School Operating Fund for replacement school buses and other fleet, interactive white boards, equipment for school safety including cameras, computers, and fencing, and replacement furniture for Princess Anne High School; and o $6,800,000 to the School Reserve Special Revenue Fund to cover possible revenue shortfalls in the FY 2019-20 budget; and o $205,000 to the Athletics Fund; and o $2,000,000 to the Risk Management Fund; and o $9,780,000 to the CIP fund for school renovation and replacement projects o CIP 1-184 Plaza Annex Office Addition - $6,980,000 o CIP 1-003 Renovations and Replacements Energy Management / Sustainability - $2,800,000 As of June 30 2017, the School Reserve Special Revenue Fund had an un-audited balance of $17,299,308, of which $6,800,000 was appropriated as part of the FY 2018- 19 Operating Budget for Schools. This left a balance of $10,499,308 in the Fund. However, the Schools are requesting that the City Council appropriate $6,800,000 in reversion funds to the Reserve Fund, which would increase the balance to $17,299,308. This represents 2.16% of the School's FY 2017-18 operating budget, slightly above the 2% limit established for the Reserve Fund. At its discretion, City Council can appropriate the full amount of$6,800,000 into the School Reserve Special Revenue Fund regardless of the 2% threshold established by the policy. • Public Information: Public information will be provided through the normal Council agenda process. Due to the amount requested to be appropriated in the CIP exceeding 1% of the FY 2018-19 capital budget, a public hearing was scheduled for November 13th, 2018. The public hearing was advertised in The Beacon legal section on November 4th, 2018. • Attachments: Ordinance; School Board Resolution (Adopted October 9, 2018) Submitting Department/Agency: SchoolBoard City Manager: ia,k, 46,_ 1 AN ORDINANCE TO APPROPRIATE FY 2017-18 2 SCHOOL REVERSION FUNDS 3 4 WHEREAS, on October 9, 2018, the School Board adopted a resolution requesting 5 the City Council re-appropriate funds that lapsed and reverted at the end of FY 2017-18 6 and funds that exceeded anticipated revenue estimates for FY 2017-18; 7 8 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 9 VIRGINIA BEACH, VIRGINIA: 10 11 1. That$14,637,731 is hereby appropriated to the FY18-19 Operating Budget from 12 the fund balance of the General Fund in the amounts and for the purposes set 13 forth below: 14 15 a. $5,632,731 to School Operating Fund for replacement school buses and 16 other fleet, interactive white boards, equipment for school safety including 17 cameras, computers, and fencing, and replacement furniture for Princess 18 Anne High School; and 19 20 b. $6,800,000 to the School Reserve Special Revenue Fund to cover possible 21 revenue shortfalls in the FY 2019-20 budget; and 22 23 c. $205,000 to the Athletics Fund; and 24 25 d. $2,000,000 to the Risk Management Fund; and 26 27 2. That $9,780,000 is hereby appropriated to the FY18-19 Capital Budget with 28 $6,980,000 to CIP 1-184, Plaza Annex Office Addition, and $2,800,000 to CIP 29 1-003, Renovations and Replacements — Energy Management/Sustainability. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2018. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services City i`. •rn-y's Office CA14554 R-1 October 26, 2018 ___ _ -- _ A viv. t or., ..! VIRGINIA BEACH CITY PUBLIC SCHOOLS i ib- CHARTING THE COURSE School Board Services Beverly M.Anderson,Chair Joel A. McDonald, Vice Chair At-Large District 3—Rose Hall Daniel D. Edwards Sharon R. Felton Dorothy M. Holtz District 2—Kempsville District 6—Beach At-Large Victoria C. Manning Ashley K. McLeod Kimberly A. Melnyk At-Large At-Large District 7—Princess Anne '• Trenace B. Riggs Carolyn T. Rye Carolyn D. Weems District 1—Centerville District 5- Lynnhaven District 4- Bayside Aaron C.Spence, Ed.D.,Superintendent ! BUDGET RESOLUTION REGARDING FY2017/18 REVERSION AND REVENUE ACTUAL OVER BUDGETED FUNDS WHEREAS,on September 25, 2018, the School Board was presented with a summary of the unaudited financial statements for FY 2017/18 (year-ending June 30, 2018) showing the reversion amount to the City's General fund; and WHEREAS,$100,055 reverted from the Green Run Collegiate Charter School fund, $22,334,199 reverted from the School Operating fund and $447,710 reverted from the Athletics fund; and WHEREAS,the estimated total amount available for re-appropriation is $22,881,964; and WHEREAS,the city is currently indicating a FY 2017/18 revenue actual over budget of the revenues included in the Revenue Sharing Formula, of which the Schools' portion is $1,535,767; and WHEREAS,the net reversion funding available for re-appropriation is $24,417,731; and WHEREAS,on October 9, 2018, the School Board supported the priority needs spending plan as proposed by the fAdministration; and WHEREAS,the Administration recommends the following for the available funds in the amount of$24,417,731: • $6,800,000 to be re-appropriated to the School Reserve Special Revenue fund to cover possible revenue shortfalls in the FY 2019/20 School Operating fund 115 • $205,000 to be re-appropriated to the Athletics fund 119 • $2,000,000 to be re-appropriated to the Risk Management fund 614 • $9,780,000 to be re-appropriated to the CIP fund: - Project 1-184, Plaza Annex Office Addition - $6,980,000 - Project 1-003, Renovations and Replacements- Energy Management/Sustainability-$2,800,000 • $5,632,731 to be re-appropriated to the School Operating fund 115 for: - Replacement school buses (regular education) -$2,000,000 - Replacement white fleet vehicles -$750,000 - Interactive white board replacement- $1,500,000 - Safe Schools—cameras, updated computers,fencing, and repositioning the security kiosk- ' $1,000,000 - New and flexible replacement classroom furniture for Princess Anne High School -$382,731 -- 2532 George Mason Drive I P.O.Box 6038 I Virginia Beach.Virginia 23456-0038 www.vbsc hoofs corn A, \ i al ----7‘10, t I .+_ VIRGINIA BEACH CITY PUBLIC SCHOOLS CHARTING THE COURSE School Board Services Beverly M. Anderson, Chair Joel A. McDonald, Vice Chair At-Large District 3—Rose Hall Daniel D. Edwards Sharon R. Felton Dorothy M. Holtz District 2—Kempsville District 6—Beach At-Large Victoria C. Manning Ashley K. McLeod Kimberly A. Melnyk At-Large At-Large District 7—Princess Anne Trenace B. Riggs Carolyn T. Rye Carolyn D.Weems District 1—Centerville District 5 - Lynnhaven District 4- Bayside Aaron C. Spence, Ed.D.,Superintendent j BUDGET RESOLUTION REGARDING FY2017/18 REVERSION AND REVENUE ACTUAL OVER BUDGETED FUNDS (continued) NOW,THEREFORE, BE IT RESOLVED:That the School Board of the City of Virginia Beach approves the recommended uses of the FY 2017/18 Reversion and Revenue Actual Over Budget funds as presented by the Administration; and be it FURTHER RESOLVED:That the School Board requests that the City Council approve the re-appropriation of FY 2017/18 Reversion and Revenue Actual Over Budget funds shown above; and be it FINALLY RESOLVED:That a copy of this resolution be spread across the official minutes of the School Board, and the Clerk of the School Board is directed to deliver a copy of this resolution to the Mayor, each member of City Council, the City Manager, and the City Clerk. Adopted by the School Board of the City of Virginia Beach this 9th day of October 2018 . ath,,,300 Beverly M. derson, School Board Chair ATTEST: Dianne P. Alexander Clerk of the Board � E 2512 George Mason Drive I P.O.Box 6038 I Virginia Beach.Virginia 23456-0038 www.vbschools corn Nu�z r"r'iw, L ,c:•.. CITY OF VIRGINIA BEACH AGENDA ITEM ITEMS: (1) An Ordinance to Appropriate $20,000,000 to and Transfer $2,400,000 within the FY 2019 Operating Budget of Public Utilities to Allow Execution of the Extension of the Water Services Contract and the Approval of the Norfolk- Virginia Beach Raw Water Sales Agreement (2) A Resolution to Authorize the City Manager to Execute the Extension of the Water Services Contract and the Norfolk-Virginia Beach Raw Water Sales Agreement MEETING DATE: November 13, 2018 • Background: Virginia Beach and Norfolk have a long-standing, unique partnership that provides a high quality and resilient public water system that is among the best in the nation. Virginia Beach pumps water from Lake Gaston through a 76-mile pipeline to Norfolk reservoirs in Isle of Wight and Suffolk. Norfolk stores that water in its reservoirs, conveys and treats it at the Moores Bridges Water Treatment Plant, then delivers the treated water to Virginia Beach at master meters on the border between the two cities. Virginia Beach pays Norfolk for these services pursuant to the Water Services Contract. For the past 25 years, this relationship has provided safe and healthy drinking water at low and stable costs to the residents of Virginia Beach. However, the existing Water Services Contract expires in 2030, and it is in the best interests of both cities to extend the Water Services Contract. Norfolk and Virginia Beach have agreed to extend the Water Services Contract to 2060, a 30-year extension. The terms of the Contract would be the same, but an "evergreen" provision would be included that would provide rolling one-year extensions after 2060, subject to 10-year notice to terminate by either party. Virginia Beach would also provide a $20 million lump-sum payment to Norfolk. This payment would be funded from the unrestricted cash in the Water and Sewer Fund net assets. In addition, the cities have agreed to enter into a second water agreement in which Virginia Beach would purchase 10 million gallons per day (MGD) of Norfolk's surplus water. This Water Sales Agreement would address the fact that as a result of language in the Water Services Contract that conserves energy and minimizes the inter-basin transfer of Gaston water, Virginia Beach has used more water from the Norfolk system than it delivers from Lake Gaston. Norfolk would provide this 10 MGD at the same rate that it charges Chesapeake and the Western Tidewater Water Authority (Suffolk and Isle of Wight) for surplus water sales. The Water Sales Agreement would run concurrently with the existing Water Services Contract. The annual cost of the 10 MGD surplus water purchase would be $4,781,500 in year one, escalated at the Consumer Price Index in subsequent years. The FY 2019 charges would be prorated as of January 1, 2019, the effective date of both the new Sales Agreement and the extended Services Contract. Public Utilities is able to absorb the fiscal impact of the Water Sales Agreement in FY 2019 without a water rate increase, but this would necessitate moving $2.4 million within the Public Utilities Operating Budget to accommodate the unplanned expense. The ongoing annual impact will necessitate a water rate increase of 10-12% beginning in FY 2020. • Considerations: The attached ordinance provides the funding required for the extension of the Water Services Contract, and the funding for the Water Sales Agreement in the current fiscal year. The attached resolution authorizes the City Manager to execute the amendment to the existing Water Services Contract and the new Water Sales Agreement. With these two agreements, the City would lock in reliable water storage, transmission and treatment services for its residents at costs that are low and stable through 2060. • Public Information: City Council received a briefing of the terms and conditions of the two proposed actions at the informal Workshop Session of October 23, 2018, which was televised on VBTV. Additional public information will be provided through the normal Council agenda process. Because the amount of the appropriation exceeds 1%, a public notice was placed in the November 4, 2018 Beacon, and a public hearing will be held on November 13, 2018 at the Council's Formal Session. • Attachments: Ordinance; Resolution; Amended and Restated Water Services Contract; Raw Water Sales Agreement Recommended Action: Approval Submitting Department/Agency: Department of Public Utilities City Manager: /60, 1 AN ORDINANCE TO APPROPRIATE $20,000,000 TO 2 AND TRANSFER $2,400,000 WITHIN THE FY 2019 3 OPERATING BUDGET OF PUBLIC UTILITIES TO 4 ALLOW EXECUTION OF THE EXTENSION OF THE 5 WATER SERVICES CONTRACT AND THE APPROVAL 6 OF THE NORFOLK-VIRGINIA BEACH RAW WATER 7 SALES AGREEMENT 8 9 WHEREAS, The City's current Water Services Contract with the City of Norfolk 10 expires in 2030; and 11 12 WHEREAS, an amendment to the contract for the storage, treatment and 13 transmission of water from Lake Gaston, and a new agreement for the purchase of surplus 14 raw water from the City of Norfolk have been negotiated, but require the approval of the 15 respective governing bodies of the cities of Norfolk and Virginia Beach; and 16 17 WHEREAS, the amendment to the Water Services Contract specifies that Virginia 18 Beach will provide a $20 million lump-sum payment to Norfolk, funded from net assets in 19 the Water and Sewer Fund, and the Water Sales Agreement provides for the purchase of 20 10 million gallons per day of Norfolk's surplus water. 21 22 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF VIRGINIA 23 BEACH, VIRGINIA, THAT: 24 25 1. $20,000,000 is hereby appropriated, with net asset revenue increased accordingly, 26 in the Water and Sewer Fund to the FY 2018-19 Operating Budget of the 27 Department of Public Utilities; and 28 29 2. $2,400,000 is hereby transferred within the FY 2018-19 Operating Budget of the 30 Department of Public Utilities to meet the fiscal year obligations set forth in the 31 Water Sales Agreement for the purchase of raw water. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2018. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: /\\ 7 . \L) Budget and anagement Services it '�ttorn- 's Office CA14567 R-2 November 5, 2018 1 A RESOLUTION TO AUTHORIZE THE CITY MANAGER 2 TO EXECUTE THE EXTENSION OF THE WATER 3 SERVICES CONTRACT AND THE NORFOLK-VIRGINIA 4 BEACH RAW WATER SALES AGREEMENT 5 6 WHEREAS, the City believes that the extension of the current Water Services 7 Contract, and an agreement to purchase 10 million gallons per day of Norfolk's surplus 8 water, furthers the public interest; 9 10 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 11 VIRGINIA BEACH, VIRGINIA, THAT: 12 13 The City Council hereby authorizes the City Manager, or his designee, to execute 14 an amendment to the Amended and Restated Water Services Contract and the Norfolk- 15 Virginia Beach Raw Water Sales Agreement, copies of which are attached hereto. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 1 ' Department of Public Util - City Atfney's Office CA14544 R-3 November 5, 2018 FIRST AMENDMENT TO AMENDED AND RESTATED WATER SERVICES CONTRACT BETWEEN THE CITY OF NORFOLK AND THE CITY OF VIRGINIA BEACH THIS contract,originally made as of the 14th day of July, 1993 and amended and restated as of the 14th day of February. 2001 ("Amended and Restated Water Services Contract") and further amended herein as of the day of , 2018 by and between the CITY OF NORFOLK, a municipal corporation of the Commonwealth of Virginia. hereinafter referred to as "Norfolk"and the CITY OF VIRGINIA BEACH,a municipal corporation of the Commonwealth of Virginia,hereinafter referred to as"Virginia Beach"; WITNESSETH: WHEREAS, the Amended and Restated Water Services Contract terminates on June 30, 2030, and both Norfolk and Virginia Beach have determined that it is in their best interests to extend such agreement until 2060; and WHEREAS, the parties hereto have executed a Water Sales Agreement of even date herewith for Norfolk to provide water to Virginia Beach("Water Sales Agreement"); and WHEREAS, the parties hereto desire to extend the term of the Amended Water Services Agreement as provided herein; NOW, THEREFORE,for and in consideration of the premises and the mutual agreements herein contained and other good and valuable consideration,Norfolk and Virginia Beach do hereby covenant and agree as follows: 1. Section 13 "Term of Contract"of the Amended and Restated Water Services Contract is hereby amended by deleting"June 30, 2030"and substituting in its stead the following: "December 31, 2060(`initial termination date'); provided, however,that this contract shall continue year to year following the initial termination date,unless on or after December 31, 2050,a party provides to the other party a written notice of termination of the contract(the"Termination Notice"). In such a case,the termination date shall be no less than ten(10) years after delivery of the Termination Notice." 2. Section 17.0 "Termination by Norfolk"is hereby amended by adding a new paragraph(g)to subsection 17.1 as follows: "(g)Virginia Beach fails to timely cure a material default under the Water Sales Agreement." 3. Section 18.0 "Termination by Virginia Beach" is hereby amended by adding a new paragraph(d)to subsection 18.3 as follows: "(d) "Norfolk fails to timely cure a material default under the Water Sales Agreement." 4. Except as provided herein, all other provisions of the Amended and Restated Water Services Contract shall remain in full force and effect. 5. As additional consideration of the foregoing, at the time of execution of this amendment and of the Water Sales Agreement, Virginia Beach shall pay Norfolk twenty million dollars($20,000,000). IN WITNESS HEREOF,Norfolk has caused this First Amendment to the Amended and Restated Water Services Contract to be signed in its name and on its behalf by Douglas L. Smith, its City Manager, and its corporate seal to be hereto affixed and attested by its City Clerk, pursuant to Ordinance No. adopted by its Council on , 2018; and Virginia Beach has caused this First Amendment to the Amended and Restated Water Services Contract to be signed in its name and on its behalf by David L. Hansen, its City Manager, and its corporate seal 2 to be hereto affixed and attested by its City Clerk, pursuant to Ordinance No. adopted by its Council on , 2018. City of Norfolk By: City Manager ATTEST: City Clerk AP ROV A T 'ORM: 10 City Attorney APPROVED AS TO CONTENT: Dir ctor of Utilities , City of Virginia Beach By: City Manager ATTEST: City Clerk APPROVED AS TO FORM: City Attorney APPROVED AS TO CONTENT: Director of Utilities 3 RAW WATER SALES AGREEMENT BY AND BETWEEN THE CITY OF NORFOLK AND THE CITY OF VIRGINIA BEACH KNOWN AS THE NORFOLK-VIRGINIA BEACH WATER SALES AGREEMENT TABLE OF CONTENTS Paee SECTION 1 Definitions 1 SECTION 2 Delivery and Sale of Surplus Raw Water . 5 SECTION 3 Water Rates and Charges 6 SECTION 4 Reductions and Curtailments 7 SECTION 5 Term of Agreement 12 SECTION 6 Termination by Norfolk 13 SECTION 7 Termination by Virginia Beach 15 SECTION 8 General Terms and Conditions 16 EXHIBIT A CPI Adjustment Factor and Examples A-1 EXHIBIT B Norfolk City Code § 46.1-54 B-1 i NORFOLK-VIRGINIA BEACH RAW WATER SALES AGREEMENT THIS Agreement, made as of this— day of , 2018, by and among the CITY OF NORFOLK, a municipal corporation of the Commonwealth of Virginia,hereinafter referred to as "Norfolk", and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, hereinafter referred to as "Virginia Beach" (each a "Party" and collectively the "Parties") and known as the "Norfolk-Virginia Beach Raw Water Sales Agreement"and referenced herein as"Agreement". WITNESSETH: WHEREAS, Virginia Beach desires to purchase raw water from Norfolk's available surplus raw water supply and Norfolk desires to sell such raw water to Virginia Beach; and WHEREAS,the Parties desire that this Agreement be co-terminus with the Amended and Restated Water Services Contract as amended by the Parties through the date hereof ("Water Services Contract"). NOW, THEREFORE, for and in consideration of the premises and the mutual agreements herein contained and other good and valuable consideration, the Parties do hereby covenant and agree as follows: 1.0 Definitions. yj 1.1 "Actually Used Amount" means the amount of raw water (or, in the case of a treated water sale by Norfolk, the equivalent amount of raw water) from the Norfolk Water System delivered to any Contract Customer expressed in MGD on an average day basis, for the Fiscal Year immediately preceding the Safe Yield Reduction Year. This term does not include raw water provided by Virginia Beach to be treated under the Water Services Contract or raw ti water from another customer's own water supply for which Norfolk supplies solely wheeling and/or treatment services. 1.2 "Average Day Amount" means ten (10.00) MOD of Surplus Raw Water averaged over a Billing Month as adjusted under the provisions of Section 4 below. 1.3 "Billing Month" means that period of time from the beginning of the first Day of a calendar month to the end of the last Day of a calendar month. 1.4 "Contract Customer" means any current or future customer, other than persons or entities supplied by the Norfolk Amount, to which Norfolk sells or delivers raw or treated water, whether or not pursuant to a written agreement, excluding raw water provided by Virginia Beach to be treated under the Water Services Contract or raw water from another customer's own water supply for which Norfolk supplies solely wheeling and/or treatment services. 1.5 "CPI" means the Consumer Price Index for all Urban Consumers (CPI-U), U.S. City Average annual values for the twelve (12) months, January through December, for the calendar year, all items, not seasonally adjusted (1982-84=100), published by the U.S. Department of Labor, Bureau of Labor Statistics, or, if publication of the aforesaid index is discontinued, such substitute index, as mutually agreed upon by the Parties, published by a reasonable and recognized authority most closely approximating the result which would have been achieved by the aforesaid index. 1.6 "CPI Adjustment Factor" means a factor representing the year-to-year percentage change of the CPI for each calendar year during the term of this Agreement. For purposes of this definition, in no event shall the CPI Adjustment Factor be less than 1.00000. 1.7 "Day" or "Daily" shall mean, unless the context directs otherwise, that period of time from 12 o'clock midnight to the following midnight on any calendar day. 2 1.8 "Delivery Point" shall mean the Lake Prince reservoir owned by Norfolk and located in the City of Suffolk,Virginia, or any other location in Norfolk's Raw Water system. 1.9 "Fiscal Year" means July 1 through June 30 of the following calendar year. For example, Fiscal Year 2019 shall mean the twelve-month period beginning on July 1, 2018, and ending on June 30, 2019. 1.10 "MGD"means million gallons per Day. 1.11 "Monthly Water Payment Amount" means the product of the Average Day Amount times the number of Days in the applicable Billing Month times the applicable Water Rate. 1.12 "Norfolk Amount" means the greater of(a) 50 MGD or (b) the amount of raw water used to supply persons or entities in Norfolk and Norfolk's United States Government customers and used to supply treated water to the City of Chesapeake (not to exceed 4 MGD), expressed in MGD on an average Day basis, for the Fiscal Year immediately preceding the Safe Yield Reduction Year. 1.13 "Norfolk Water System" means the system of water facilities owned, operated or controlled by the City of Norfolk. 1.14 "Safe Yield" means the maximum sustainable raw water withdrawal rate, expressed in MGD, as determined by Norfolk's independent licensed professional engineer in accordance with applicable law and regulations, which is available to Norfolk from its water supply that is owned and freely alienable by Norfolk during the worst drought of record in Virginia since 1930. Water supplied by a third party and wheeled, treated or untreated, by Norfolk shall not be included in Norfolk's Safe Yield. 3 1.15 "Safe Yield Reduction Year" means the Fiscal Year in which Norfolk implements any reductions in the Contract Amounts pursuant to Subparagraph 4.2(d) subsequent of Norfolk's notification to Virginia Beach. 1.16 "Surplus Raw Water" means the amount of raw water expressed in MGD, as determined by Norfolk, equal to the difference between (i) the Safe Yield of the Norfolk Water System,and(ii)the Norfolk Amount. 1.17 "Tier 1" means the first level of action for addressing a Safe Yield reduction under Subparagraph 4.2(d)based upon the Unused Uncontracted Amount. 1.18 "Tier 2" means the second level of action for addressing a Safe Yield reduction under Subparagraph 4.2(d)based upon the Tier 2 Unused Amounts. 1.19 "Tier 2 Unused Amount" means the Ultimate Average Day Amount minus the Tier 2 Used Amount. 1.20 "Tier 2 Used Amount" means the amount of raw water (or, in the case of a treated water sale by Norfolk, the equivalent amount of raw water) from the Norfolk Water System obligated by Norfolk to be delivered to any Contract Customer, expressed in MGD on an average Day basis, in the Fiscal Year immediately preceding the Safe Yield Reduction Year. Under this Agreement such amount for Virginia Beach shall be equal to the Average Day Amount of 10.00 MGD. This term does not include raw water provided by Virginia Beach to be treated under the Water Services Contract or raw water from another customer's own water supply for which Norfolk supplies solely wheeling and/or treatment services. 1.21 "Tier 3" means the third level of action for addressing a Safe Yield reduction under Subparagraph 4.2(d)based upon the Actually Used Amounts. 4 1.22 "Ultimate Average Day Amount" means the maximum Average Day Amount of raw water(or, in the case of a treated water sale by Norfolk, the equivalent amount of raw water) that Norfolk has obligated itself to provide to a Contract Customer during the contract term. Under this Agreement such amount for Virginia Beach shall be equal to the Average Day Amount of 10.00 MGD. Under the Chesapeake Agreement unless later modified by a contract amendment, such amount for Chesapeake shall be equal to 10.00 MGD. Under the agreement between Norfolk and Western Tidewater Service Authority, et als. dated September 29, 2009, unless later modified by a contract amendment, such amount shall be equal to 15.00 MGD. 1.23 "Unused Uncontracted Amount" means the Safe Yield of the Norfolk Water System minus the sum of the Norfolk Amount and the Ultimate Average Day Amounts. 1.24 "Water Rate" means the monetary rate charged by Norfolk to Virginia Beach expressed in dollars per thousand gallons of Surplus Raw Water as determined pursuant to the provisions of Section 3 below. 2.0 Delivery and Sale of Surplus Raw Water. 2.1 Purchase and Sale Obligations. Beginning on January 1, 2019, and subject to the other provisions of this Agreement, during each Billing Month of the Term, Norfolk agrees to sell and Virginia Beach agrees to purchase the Average Day Amount of Surplus Raw Water with title to such water to transfer at the Delivery Point. Upon delivery,the storage and treatment of such water and subsequent transfer of treated water to Virginia Beach shall be under the temis of the Water Services Contract. 2.2 Limitations on Warranties. It is expressly understood and agreed by all Parties that Norfolk is supplying raw water, and therefore with respect to the quality of such water and 5 except as otherwise required by Section 4 of the Water Services Contract, NORFOLK MAKES NO EXPRESS WARRANTY AND DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 2.3 Contamination. Norfolk and Virginia Beach agree to notify each other immediately upon learning of any known or suspected event, whether by accident or deliberate act of sabotage or terrorism to the Norfolk Water System or any other condition, that may significantly impact the quality of raw water delivered to Virginia Beach. 3.0 Water Rates and Charges. 3.1 Water Rate. The Water Rate effective July 1, 2018, shall be $1.31 per thousand gallons. On the first Day of each Fiscal Year beginning July 1,2019, the prior Fiscal Year Water Rate shall be adjusted by multiplying such Water Rate by the CPI Adjustment Factor as shown on Exhibit A. In no case shall the Water Rate decrease from the previous Fiscal Year. 3.2 Water Payment Calculations. Upon receipt of an invoice from Norfolk, Virginia Beach shall pay to Norfolk, an amount equal to the Average Day Amount multiplied by the number of days in the Billing Month multiplied by the Water Rate. Such amount shall be due within thirty(30) days of receipt of invoice from Norfolk. 3.3 Method of Payment. Payment of all amounts shall be made, at Norfolk's election, by ACH, direct deposit or other form of electronic transfer. In the event that Norfolk elects for electronic transfer, Virginia Beach shall have the obligation to verify that such transfer has been timely and properly completed, and shall notify Norfolk promptly of any failure of the system to complete the timely transfer of the amount due. Norfolk agrees, to the extent reasonable and practical, to harmonize billing and payment practices in place for the Water 6 Services Contract. Virginia Beach agrees, to the extent reasonable and practical, to cooperate with Norfolk to achieve an efficient, accurate and reliable billing system. 3.4 Interest. Virginia Beach agrees that, in the event Virginia Beach fails to make payment when due, and such failure is not due to the fault of the electronic transfer system after Virginia Beach has followed the procedure set forth in paragraph 3.3,Norfolk shall be deemed to have loaned the unpaid sum to Virginia Beach at an interest rate of 0.83% per month for each month or portion thereof that such billing, including accrued prior interest charges, remains unpaid. 4.0 Reductions and Curtailments. 4.1 Causes for Reductions. Norfolk's obligation to deliver the Average Day Amount as provided in Paragraph 2.1 shall be excused, either partially or wholly, during the following circumstances: (a) a decrease in the amount of Surplus Raw Water available, as set forth in Paragraph 4.2; (b) a facility or equipment failure that reduces or limits Norfolk's ability to deliver Surplus Raw Water, as set forth in Paragraph 4.3; (c)a drought occurrence, as set forth in Paragraph 4.4; or (d) a force majeure event or circumstance as set forth in Paragraph 4.5. Before Norfolk invokes this Paragraph 4.1, Norfolk shall provide notice to Virginia Beach promptly in writing that it will be reducing deliveries to Virginia Beach. In such notice,Norfolk shall indicate whether it will be curtailing all deliveries to Virginia Beach or only reducing deliveries to Virginia Beach. If Norfolk provides notice that it will be reducing deliveries to Virginia Beach, it shall also provide in the same notice or as quickly as is known the availability of and the amount of lesser capacities of raw water. If Norfolk is able to deliver lesser amounts during a reduction, Norfolk shall deliver to Virginia Beach those lesser amounts. Norfolk shall 7 1 take all reasonable steps to fully restore the delivery of water to Virginia Beach as expeditiously as possible. 4.2 Sufficiency of Surplus Water Supply. (a) Norfolk warrants and represents to the best of its knowledge that as of the date of this Agreement Norfolk's current total Surplus Raw Water supply is sufficient for Norfolk to perform its obligations under this Agreement to deliver the Average Day Amount. (b) Norfolk shall use its best efforts to avoid any future obligations to provide Surplus Raw Water that would prevent Norfolk from supplying the Average Day Amount. For purposes of this Subparagraph 4.2(b), Norfolk shall take into account (i) its then existing Safe Yield, (ii) all of Norfolk's then known or anticipated water needs required to supply Norfolk and its United States Government customers, (iii)the Average Day Amount committed to Virginia Beach under this Agreement, (iv) any other then existing obligations of Norfolk to supply water and (v) operational limitations such as known or anticipated water quality concerns. (c) The Parties acknowledge that Norfolk's Safe Yield may increase or decrease in the future and that such increase or decrease may affect the amount of Surplus Raw Water available for delivery by Norfolk to Virginia Beach. Norfolk shall take all reasonable and appropriate actions necessary to avoid any decrease in the Safe Yield of its water system to an extent that any decrease would interfere with Norfolk's delivery of, or ability to deliver, the ] Average Day Amount to Virginia Beach. Virginia Beach agrees to cooperate with Norfolk and support such actions to avoid the decrease in Safe Yield. (d) If (i) Norfolk's Safe Yield is reduced, either in the sole, reasonable opinion of Norfolk using generally accepted engineering and water management practices or based on action by any governmental authority (other than Norfolk) with jurisdiction and (ii) it is beyond 8 the reasonable control of Norfolk to prevent such reduction, the Average Day Amount which Norfolk is obligated to deliver to Virginia Beach may be reduced, in whole or in part, as follows: (A) Norfolk Amount — In the event of a Safe Yield reduction under this Subparagraph 4.2(d), Norfolk shall not be required by this Agreement to reduce the Norfolk Amount. (B) Allocation of Reductions to Contract Customers — In the event of a Safe Yield reduction under this Subparagraph 4.2(d),reductions shall be made in the following order: (1) Tier 1 — The Unused Uncontracted Amount shall be used first to satisfy the Safe Yield reduction. (2) Tier 2 — If the Safe Yield reduction cannot be fully addressed under Tier 1, the Tier 2 Unused Amounts (as of the Fiscal Year immediately preceding the Safe Yield Reduction Year) shall be used second, on a pro rata basis, to satisfy the Safe Yield reduction. (3) Tier 3 — If the Safe Yield reduction cannot be fully addressed under Tier 2, the Actually Used Amounts (as of the Fiscal Year immediately preceding the Safe Yield Reduction Year) shall be reduced third, on a pro rata basis, to satisfy the Safe Yield reduction. For purposes of apportioning reductions under this Subparagraph 4.2(d), the Ultimate Average Day Amount for the City of Chesapeake ("Chesapeake") under the Chesapeake Contract shall be deemed to be 10.00 MGD, and in no event shall this Subparagraph 4.2(d) be construed to allocate to the City of Chesapeake any less Surplus Raw Water than it would have received through application of Paragraph 7.2 of the Chesapeake Contract. 9 Norfolk shall notify Virginia Beach in writing as soon as practicable of any proposed reductions in the Average Day Amount pursuant to this Subparagraph 4.2(d). Such notice shall include the proposed effective date of such reduction and the proposed revised Average Day Amount. In the event that Norfolk reduces the Average Day Amount by reason of this Subparagraph 4.2(d), it shall not sell or offer to sell any portion of its Surplus Raw Water (other than water sold under then-existing contracts subject to the apportionment established in this Subparagraph 4.2(d)) unless and until the full Average Day Amount of 10.00 MGD has been restored. 4.3 Facility or Equipment Failure. In the event of facility or equipment failure or electrical outage affecting the Norfolk Water System that is outside Norfolk's ability to control and negatively impacts the ability of Norfolk to supply Surplus Raw Water to Virginia Beach under this Agreement, Norfolk shall notify Virginia Beach in writing as soon as practicable of such event. To the extent practicable, Norfolk shall estimate the anticipated reduction in Contract Amounts, expressed in MGD, to be delivered and the duration of the reduction. Norfolk will exercise its reasonable best efforts, consistent with good management practices, to alleviate the problem, by making necessary repairs, providing adequate replacements, or by any other reasonable means. 4.4 Drought. In the event that Norfolk invokes water conservation measures on its own customers due to a drought under the provisions of the Norfolk City Code, commonly referred to as Norfolk's Water Conservation Ordinance, Norfolk may reduce the amount of Surplus Raw Water that Norfolk is obligated to deliver to Virginia Beach, as follows: (a) Declaration of Condition 1: No reduction in the flow of Surplus Raw Water to Virginia Beach by Norfolk from the Contract Amounts; 10 (b) Declaration of Condition 2: Norfolk may reduce the flow of Surplus Raw Water to Virginia Beach to 90% of the Contract Amounts; (c) Declaration of Condition 3: Norfolk may reduce the flow of Surplus Raw Water to Virginia Beach to 75% of the Contract Amounts; (d) Declaration of Condition 4: Norfolk may reduce the flow of Surplus Raw Water to Virginia Beach to whatever level below the Contract Amounts that it determines to be necessary to meet the conditions of such declaration. For purposes of this Paragraph 4.4, Conditions 1 through 4 shall have the meaning as stated in the version of Norfolk City Code § 46.1-54 as of the date of this Agreement, a copy of which is attached as Exhibit B. In the event that a declaration of Conditions 2, 3, or 4 is made by the Norfolk City Manager, Norfolk shall notify Virginia Beach of the reduction up to the amounts specified in Subparagraphs 4.4(b) through 4.4(d) expressed in MGD and the effective date of such reduction. If Norfolk declares Condition 1 or Condition 2, Virginia Beach agrees to invoke those conservation measures in its conservation program or code that is comparable to Norfolk's Condition 1 or Condition 2. If Norfolk declares Condition 3 or Condition 4, Virginia Beach agrees to discuss with Norfolk ways to implement regionally consistent conservation measures meant to address critically or drastically limited water supplies as quickly as possible. 4.5 Force Majeure. Norfolk may reduce the amount of raw water it is obligated to deliver to Virginia Beach during events or conditions of force majeure beyond the reasonable control of Norfolk (other than events or conditions addressed by Paragraphs 4.2 through 4.4) which reduce or stop the delivery of water to the Delivery Point, including, acts of God, strikes, lockouts, acts of a public enemy, wars, blockades, insurrections, riots, acts of terrorism, 11 <� l epidemics,landslides, lightning,earthquakes, fires, storms,floods,washouts,arrests,restraints of the rules and people, civil disturbances,or explosions. 4.6 Shortfall Delivery and Credit. Virginia Beach shall not be required to pay for any Surplus Raw Water that Norfolk is unable to provide during a Billing Month. The Average Day Amount defined in Definition 1.2 and used to determine the Water Payment Calculation in Subsection 3.2, will be calculated to properly account for any shortfalls below the 10.00 MGD maximum. 4.7 Curtailment Avoidance. In order to mitigate the impact of any curtailment as set forth in this Section 4, Norfolk may require Virginia Beach to supply available additional water from Lake Gaston as set forth in Subsection 2.4 of the Water Services Contract and any such water provided by Virginia Beach is excluded from the 10.00 MGD. Norfolk and Virginia Beach agree that this Water Sales Agreement is for the purchase of up to 10.00 MGD of Surplus Raw Water by Virginia Beach from Norfolk at the Delivery Point. If for any reason Norfolk is unable to deliver any portion of the Surplus Raw Water to Virginia Beach, Virginia Beach may provide additional Lake Gaston Water to Lake Prince pursuant to Subsection 2.4 of the Water Services Contract, in lieu of the Surplus Raw Water that Norfolk is unable to provide. Virginia Beach will not be required to provide any more water from Lake Gaston than it would otherwise be required to provide pursuant to its obligations under the Water Services Contract. 5.0 Term of Agreement. This Agreement shall be for a term beginning on the date stated in the first paragraph of this Agreement, and ending at midnight on December 31,2060 ("initial termination date"); provided, however,that this contract shall continue year to year following the initial termination 12 date, unless on or after December 31, 2050, a party provides to the other party a written notice of termination of the Agreement("Termination Notice"). In such case,the termination date shall be no less than ten(10)years after delivery of the Termination Notice; and provided further, however, that any amounts due to Norfolk or credits due to Virginia Beach under this Agreement for the period up to the end of the term shall be due within thirty(30)days of invoice that may be rendered no later than one hundred twenty (120)days following the end of the term. 6.0 Termination by Norfolk. 6.1 Events of Default. In addition to all other remedies provided herein or otherwise available to Norfolk,Norfolk may terminate this Agreement if one or more of the following events of default occurs and is not cured in accordance with this Section: (a) Virginia Beach fails to make one or more payments due under Section 3 above and such amounts remain unpaid at least ten (10) days after notice ("Payment Default"). Timely payment by Virginia Beach, including payments of disputed portions of billed amounts, is an essential condition of this Agreement. (b) Virginia Beach has breached any other material term of this Agreement or any provision of the Water Services Contract. 6.2 Period for Cure of Defaults. In order for termination by Norfolk to become effective, Norfolk must notify Virginia Beach in writing that one of the specific bases for termination referred to in Paragraph 6.1 has occurred ("Termination Notice"). In the event of a Payment Default, termination shall be effective thirty (30) days after Termination Notice unless the default is cured within such time; provided, however, that if two or more Payment Defaults occur within a six(6)month period,Norfolk may terminate the Agreement without necessity of a 13 Termination Notice and further right of Virginia Beach to cure. For an event of default under Subparagraph 6.1(b), termination shall be effective sixty (60) days after Termination Notice unless the default is cured within such time. 6.3 Period for Dispute Resolution and Litigation Prior to Termination. In the event that Virginia Beach disputes Norfolk's basis for termination, it shall, prior to the effective date of termination, invoke the dispute resolution procedures set forth in Paragraph 8.5, in which case termination shall not be effective until sixty (60) days after the unsuccessful conclusion of the dispute resolution process. Furthermore, if the dispute resolution process fails to resolve the controversy regarding the basis for termination, and such basis for termination is the subject of litigation between or among the Parties, termination shall not be effective until sixty (60) days after the conclusion of the litigation (including any appeals) in which termination has been approved. Norfolk shall not suspend or terminate the delivery of water to Virginia Beach during the dispute resolution process or litigation as long as Virginia Beach pays the amount claimed in the manner set forth in Paragraph 3.3, including the disputed amount; provided, however, that payment by Virginia Beach of any disputed amount shall not be construed as a waiver of its rights hereunder. 6.4 No Delivery After Termination. Upon the effective date of termination,Norfolk shall have no further obligations or responsibilities to Virginia Beach with respect to any provision of this Agreement, and Virginia Beach shall not be entitled to receive any of Norfolk's Surplus Raw Water provided under this Agreement. 6.5 Other Remedies. Termination by Norfolk shall not preclude Norfolk from pursuing any other legal and equitable remedies available to enforce the provisions of this Agreement or to seek damages available at law including lost revenues. 14 7.0 Termination by Virginia Beach. 7.1 Events of Default. In addition to all other remedies provided herein or otherwise available to Virginia Beach, Virginia Beach may terminate this Agreement, if one or more of the following events of default occurs and is not cured in accordance with this Section: (a) Norfolk does not deliver the Average Daily Demand of Surplus Raw Water as provided in this Agreement and such failure of delivery is not excused under the provisions of Section 4 above. Timely and full delivery of water by Norfolk is an essential condition of this Agreement. (b) Norfolk has breached any other material term of the Agreement. 7.2 Period for Cure of Defaults. In order for termination by Virginia Beach to become effective, Virginia Beach must notify Norfolk in writing that one of the specific bases for termination referred to in Paragraph 7.1 has occurred. Termination shall be effective sixty (60)days after such notice unless the default is cured within such time. 7.3 Period for Dispute Resolution or Litigation Prior to Termination. In the event that Norfolk disputes Virginia Beach's basis for termination, it shall, prior to the effective date of termination, invoke the dispute resolution procedures set forth in Paragraph 8.5, in which case termination shall not be effective until sixty (60) days after the unsuccessful conclusion of the dispute resolution process. Furthermore, if the dispute resolution process fails to resolve the controversy regarding the basis for termination, and such basis for termination is the subject of litigation between or among the Parties, termination shall not be effective until sixty (60) days after the conclusion of the litigation (including any appeals) in which termination has been approved. 15 7.4 Obligations Upon Termination. Upon the effective date of termination by Virginia Beach, Virginia Beach shall have no further obligations or responsibilities to Norfolk under this Agreement except to pay any outstanding amounts due under this Agreement. 7.5 Other Remedies. Termination by Virginia Beach shall not preclude Virginia Beach from pursuing any other legal and equitable remedies available to enforce the provisions of this Agreement or to seek damages available at law. 8.0 General Terms and Conditions. 8.1 Partial Performance. In its performance of this Agreement, Norfolk shall have an affirmative obligation of partial performance where partial performance is possible. 8.1.5 Precedence of Provisions. In the event of a conflict between the provisions of this Agreement and the Water Services Contract, the provisions of the Water Services Contract shall control. Nothing in this Agreement shall invalidate the guarantees and obligations in the Water Services Contract. 8.2 Waivers. Any waiver at any time by any Party of its rights with respect to a default or breach of this Agreement or with respect to any other matter arising in connection with this Agreement shall not be deemed a waiver with respect to any subsequent default, breach or other matter. Any delay to assert a claim or right, short of the statutory period of limitation in exerting any claim or enforcing any right, shall not be deemed a waiver of such claim or right. 83 Condemnation of Norfolk Water System. In the event that part or all of the Norfolk Water System is taken (voluntarily or involuntarily) by an entity other than Norfolk and Norfolk is compensated for such system, or Norfolk is otherwise compensated for all or part of the Norfolk Water System whether by condemnation or otherwise, it is specifically agreed that 16 all such compensation shall inure to Norfolk and that Virginia Beach shall have no right to or interest in such compensation. 8.4 No Verbal Agreement. This Agreement contains all commitments and agreements of the Parties with respect to the sale and transmission of Surplus Raw Water by Norfolk to Virginia Beach, and no verbal or written commitments other than this Agreement shall have any force or effect regarding these Surplus Raw Water sales. 8.5 Dispute Resolution. If a dispute arises among the Parties under this Agreement, the Parties shall seek to resolve the matter by utilizing the following sequence of mechanisms for dispute resolution before any Party seeks or takes legal action in a court: (a) non-binding discussions among the Norfolk Utilities Director and the Virginia Beach Utilities Director and (b) non-binding discussions among the Norfolk City Manager and the Virginia Beach City Manager. Wherever this Agreement provides that any issue or fact be determined by a Party, a consultant and/or the agreement of the Parties and any Party disputes such determination or the Parties cannot agree, then, after resorting to the dispute resolution process specified in this Paragraph 8.5, any Party may institute legal action to resolve such issues in any manner provided for in law or in equity. 8.6 Joint Defense. The Parties agree to cooperate with respect to any claim made by any other jurisdiction asserting that Norfolk does not have the right to sell water in the manner contemplated by this Agreement Norfolk shall have the right to control the appointment of counsel by it, and the conduct of the litigation by such counsel; provided, however, if Virginia Beach chooses to intervene as a party and is allowed by the court to do so or is otherwise named as a party, Virginia Beach may employ separate counsel to represent its interests and shall be responsible for its counsel fees and expenses and the conduct of the litigation by such counsel. 17 8.7 Venue. The Parties agree that this Agreement shall be enforceable in Norfolk, Virginia, and if legal action among the Parties is necessary to enforce it, venue shall lie in the Circuit Court of the City of Norfolk, Virginia. If such legal action is necessary, the Parties further agree that they will jointly request that any judge assigned be from outside Norfolk and not associated with either jurisdiction. 8.8 Governing Law. This Agreement shall be governed in all aspects by the laws of the Commonwealth of Virginia. 8.9 Compliance with Law. The Parties agree that at all times during the performance of this Agreement, each of the Parties will comply with all applicable laws and regulations, federal or state, which apply to their conduct and facilities hereunder and with all court orders issued by a court of competent jurisdiction; provided, however, that in the event of an order, case decision or comparable decision of an administrative agency, or of an order by a court, that interferes with or precludes performance by a Party, such Party shall pursue all available appeals thereof unless waived by the other Parties. If any term or provision of this Agreement, the deletion of which would not adversely affect the receipt of any material benefit by either Party hereunder, shall be held by a court of competent jurisdiction to be invalid or unenforceable,the remainder of this Agreement shall not be affected thereby and each other term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. It is the intention of the Parties to this Agreement, and the Parties agree, that in lieu of each clause or provision of this Agreement that is illegal, invalid or unenforceable, the Parties in good faith shall supply as a part of this Agreement an enforceable clause or provision as similar in terms to such illegal, invalid or unenforceable clause or provision as may be possible. 18 8.10 Captions and Headings. The captions and headings to the various clauses of this Agreement are for informational purposes only and shall not alter the substance of the terms and conditions of this Agreement. 8.11 Notices. Except as otherwise provided herein with respect to oral or written notices, notices required under this Agreement shall be in writing, shall be delivered to all Parties regardless of the subject matter of the notice, and shall be sufficient and deemed provided if delivered in person or mailed by United States Certified Mail, postage prepaid, to the following addresses: Norfolk Virginia Beach City Manager City Manager City Hall Building Municipal Center 810 Union Street 2401 Courthouse Drive Norfolk. Virginia 23510 Virginia Beach, Virginia 23456 cc: cc: Director of Utilities Director of Public Utilities City of Norfolk 2405 Courthouse Drive P. 0. Box 1080 Virginia Beach, Virginia 23456 Norfolk, Virginia 23501 Any address provided herein for receipt of notification may be changed by notification in writing to the other Party. 8.12 Assignment; Binding on Successors. Neither this Agreement nor the rights and obligations hereunder shall be assigned or transferred by either Party without prior written consent of the other Party which consent shall not be unreasonably withheld taking into account the financial strength of the proposed assignee (such consent may require adequate payment guarantees). This Agreement shall inure to the benefit of and be binding upon all successors and assigns of each of the Parties. 19 8.13 Third Party Claims. It is the intention of the Parties that this Agreement is only to the benefit of the Parties hereto and that there are no third party beneficiaries, either express or implied. 8.14 Amendment. This Agreement shall be amended only in writing and signed by the City Managers of Norfolk and of Virginia Beach, or by the approved designee of either of them. IN WITNESS WHEREOF,Norfolk has caused this Agreement to be signed in its name and on its behalf by Douglas L. Smith, City Manager,and its corporate seal to be hereto affixed and attested by its City Clerk,pursuant to Ordinance No. adopted by its Council on the day of , 2018 and Virginia Beach has caused this Agreement to be signed in its name and on its behalf by David L. Hansen, City Manager, and its corporate seal to be hereto affixed and attested by its City Clerk,pursuant to Ordinance No. adopted by its Council on the day of , 2018. REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK 20 CITY OF NORFOLK By City Manager ATTEST: APPROVED AS TO CONTENT: City Clerk Di ector of Utilities APPROVED AS TO FORM: WO LA City Attorney 21 CITY OF VIRGINIA BEACH By City Manager ATTEST: APPROVED AS TO CONTENT: City Clerk Director of Public Utilities APPROVED AS TO FORM: City Attorney 22 3A EXHIBIT A CPI Adjustment Factor Example When the CPI has decreased and then has increased, so that for the first time during that period of decrease and increase (such period being the "Fluctuation Period") the net cumulative percentage change in the CPI over the Fluctuation Period is greater than 1.00, the CPI Adjustment Factor shall equal that net cumulative percentage change, where the CPI values to be applied are annual values for the twelve (12) months, January through December, for the calendar year,of applicable years prior to Adjustment Date(s) in question. The table below, shows an example of fluctuation in CPI Adjustment Factors from December 2014 through December 2021. This table is provided only as an example to I demonstrate the calculation of the CPI Adjustment Factors under different circumstances. i CPI Adjustment Factors and Water Rates Example Calendar Year CPI Index CPI Fiscal Year Calculated Rate Water Rate 1 Ending Adjustment Ending Factor Dec. 2014 236.74 1.01622 June 2016 1.2699 $ 1.27 Dec. 2015 237.02 1.00119 June 2017 1.2714 $ 1.27 x ! Dec. 2016 240.01 1.01262 June 2018 1.2875 $ 1.29 Dec. 2017 245.12 1.02130 June 2019 1.3149 $ 1.31 Dec. 2018 242.75 1.00000 June 2020 1.3149 $ 1.31 Dec. 2019 243.64 1.00000 June 2021 1.3149 $ 1.31 Dec. 2020 245.56 1.00180 June 2022 1.3172 $ 1.32 Dec. 2021 248.13 1.01047 June 2023 1.3310 $ 1.33 For each Fiscal Year, the Water Rate is rounded to the nearest whole cent. A - 1 EXHIBIT B Norfolk City Code ti 46.1-54 Sec.46.1-54. Conditions for the declaration of potential shortage of water. Upon a determination by the city manager of the existence of the following conditions, the city manager shall take the following actions: (1) Condition 1. When moderate but limited supplies of water are available, the city manager shall, through appropriate means, call upon the general population to employ prudent restraint in water usage,and to conserve water voluntarily by whatever methods are available. (2) Condition 2. When very limited supplies of water are available,the city manager shall order curtailment of less essential usages of water, including, but not limited to, one or more of the following: a. The watering of shrubbery, trees, lawns, grass, plants, or any other vegetation, except indoor plantings, greenhouse or nursery stocks and except watering by commercial nurseries of freshly planted plants upon planting and once a week for five (5) weeks following planting. b. The washing of automobiles, trucks, trailers, boats, airplanes, or any other types of mobile equipment, excepting in facilities operating with a water recycling system approved by the director of utilities, or except from a bucket or other container not exceeding three (3) gallons in capacity; provided, however, that any facility operating with an approved water recycling system shall prominently display in public view a notice stating that such recycling system is in operation. In lieu of the provisions hereof the city manager may curtail the hours of operation of commercial enterprises offering such services or washing their own equipment. c. The washing of streets, driveways, parking lots, service station aprons, office buildings, exteriors of home or apartments, or other outdoor surfaces, except by commercial washing/cleaning services or except from a bucket or other container not exceeding three (3) gallons of capacity. d. The operation of any ornamental fountain or other structure making similar use of water. e. The filling of swimming and/or wading pools, or the refilling of swimming and/or wading pools which were drained after the effective date of the order. f. The use of water from fire hydrants for any purpose other than fire suppression or other emergency except as authorized by the director of utilities. B - 1 g. The serving of drinking water in restaurants, cafeterias or any food establishment unless requested by the individual. h. The director of utilities may authorize exceptions to the restrictions imposed by conditions 1 and 2. (3) Condition 3. When supplies of water are critically limited, the city manager shall institute mandatory reductions on each customer which include those restrictions applicable to condition 2 as well as reductions of water to each customer as follows: a. At the city manager's discretion, allocations of water to customers shall be based on either a twenty-five (25) percent reduction based on the average of the last twelve (12) months' billing and/or water consumption data available from similar activities of equal intensity. b. The amount of water allocated for consumption shall not be less than fifty (50) gallons per person per day per household. c. If the monthly or bimonthly usage of water as established above is exceeded the customer shall be charged in addition to the regular rate the following charges for excess water use: 1. Any water use over the allocation will be billed at three hundred (300)percent of the current effective water rate as specified b[y] article III, section 46.1-32. d. The above additional charges for excess water usage shall be applicable to bills for service periods beginning on and after the declaration that a potential shortage of water exists. (4) Condition 4. When supplies of water are drastically limited, the city manager may implement such additional restrictions as are determined necessary. B- 2 c ."U elerSP..*"$ yil 'off'' •:,�, CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: A Resolution in Support Of Ratification by Virginia of the Equal Rights Amendment to the United States Constitution MEETING DATE: November 13, 2018 ■ Background: The United States Constitution does not explicitly guarantee equal rights and equal protection for the sexes. The 14th Amendment to the United States Constitution and state constitutional statements of equality generally do not provide the strict scrutiny for sex-based classifications that is provided for classifications based on race, religion, and national origin. State laws are not uniform, and federal laws are not comprehensive, and these laws can be repealed or reduced. The people of the United States continue to experience the negative effects of lack of political parity between men and women, workplace discrimination, health care inequities, disparate rates of poverty, rape and domestic violence assaults. The Equal Rights Amendment (ERA) provides that "Equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex." The ERA would help ensure women and men have the same constitutional protections. • Considerations: The ERA was passed by Congress in 1972 and has been ratified by 37 states, the most recent being Nevada in 2017 and Illinois in 2018. Ratification is required by three-fourths of the states, and Virginia could be the 38th state, thereby reaching the three-fourths threshold. The time limit for ratification of the ERA appears only in the preamble, and Congress is considering a bill that would remove that time limit. This resolution urges the General Assembly to ratify the ERA. • Public Information: This item will be advertised as part of the normal City Council agenda process. • Attachments: Resolution Requested by Councilmember Davenport Requested by Councilmember Davenport 1 A RESOLUTION IN SUPPORT OF RATIFICATION BY 2 VIRGINIA OF THE EQUAL RIGHTS AMENDMENT TO THE 3 UNITED STATES CONSTITUTION 4 5 WHEREAS, the United States Constitution does not explicitly guarantee equal 6 rights and equal protection for the sexes; and 7 8 WHEREAS, the 14th Amendment to the United States Constitution and state 9 constitutional statements of equality generally do not provide the strict scrutiny for sex- 10 based classifications that is provided for classifications based on race, religion, and 11 national origin; and 12 13 WHEREAS, state laws are not uniform, and federal laws are not comprehensive, 14 and these laws can be repealed or reduced; and 15 16 WHEREAS, the people of the United States continue to experience the negative 17 effects of lack of political parity between men and women, workplace discrimination, 18 health care inequities, disparate rates of poverty, rape and domestic violence assaults; 19 20 WHEREAS, the Equal Rights Amendment (ERA) provides that "Equality of rights 21 under the law shall not be denied or abridged by the United States or by any State on 22 account of sex;" and 23 24 WHEREAS, the Amendment would help ensure women and men have the same 25 constitutional protections; and 26 27 WHEREAS, the ERA was passed by Congress in 1972, and has been ratified by 28 37 states, the most recent being Nevada in 2017 and Illinois in 2018; and 29 30 WHEREAS, the time limit for the ERA appears only in the preamble; and 31 32 WHEREAS, Congress presently is considering a bill that removes the time limit 33 for ratification of the ERA; and 34 35 WHEREAS, for 47 years, the Virginia State Constitution has sought to protect 36 Virginians from discrimination by the Commonwealth on the basis of sex; 37 38 NOW, THEREFORE, BE IT RESOLVED that the City Council of Virginia Beach 39 supports the ratification of the Equal Rights Amendment; and 40 41 BE IT FURTHER RESOLVED, that the City Council of Virginia Beach urges the 42 General Assembly of the Commonwealth of Virginia to ratify the ERA to the U.S. 43 Constitution, as proposed by Congress on March 22, 1972, during the 2019 legislative 44 session. Adopted by the Council of the City of Virginia Beach this day of , 2018. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office CA14563 R-1 October 31, 2018 � as�2 I CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Authorize One Position in the City Manager's Office to Provide Administrative Support to the Mayor, Vice Mayor, and City Council Members Regarding Constituent Issues MEETING DATE: November 13, 2018 • Background: Currently, administrative support for the Mayor and Vice Mayor is being provided through contracted manpower. Moving forward, the City Manager's Office would like to eliminate the use of contracted manpower as support for the Mayor's Office and add one full-time Executive Assistant positon to fulfill these duties. • Considerations: The use of a permanent, full-time employee will enhance continuity, efficiency, and reliability of administrative support to the Mayor and Vice Mayor. This position would also be able to assist in constituent issues for the other members of the City Council. Direct employment of this function will reduce the cost of administrative support for these elected officials. There is adequate funding for the cost of this item in the current year operating budget of the Office of the City Manager. As such, no funding is required for this action. • Public Information: Normal Council agenda process. • Recommendations: Approve the attached ordinance • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: - .ty Manager's Office /ll City Manager: (6 41h, 1 AN ORDINANCE TO AUTHORIZE ONE POSITION IN THE 2 CITY MANAGER'S OFFICE TO PROVIDE 3 ADMINSTRATIVE SUPPORT TO THE MAYOR, VICE 4 MAYOR, AND CITY COUNCIL MEMBERS REGARDING 5 CONSTITUENT ISSUES 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA, THAT: 9 10 1. One (1) FTE (Executive Assistant IV) is hereby established in the City 11 Manager's Office to provide administrative support to the Mayor, Vice 12 Mayor, and City Council member regarding constituent issues; 13 14 2. Funding for the position authorized herein is to be provided by the existing 15 appropriations in the City Manager Office's FY 2018-19 Operating Budget; 16 17 3. This ordinance shall be effective from the date of adoption. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 04. . k•-�- 9/2„, Budget and Management Services A orney's Office CA14569 R-1 November 5, 2018 LJJ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments into a portion of an existing City property known as Lake Joyce and the 25' strip of land around Lake Joyce located at the rear of 4316 Ben Gunn Road MEETING DATE: November 13, 2018 • Background: Vernon Daniel and Jo Ann Daniel (the "Applicants") have requested permission to remove an existing timber bulkhead and to construct and maintain proposed steps, pier, mooring piles and riprap (the "Encroachments") adjacent to their property located at 4316 Ben Gunn Road. The Encroachments would extend approximately 39' into the City's property known as Lake Joyce, and 16' into the City's property known as the 25' strip of land around Lake Joyce for a total approximate distance of 55' and with the width of approximately 101'. • Considerations: City staff has reviewed the requested encroachments and has recommended approval of same, subject to certain conditions outlined in the Agreement. There are similar encroachments in Lake Joyce, which is where the Applicants have requested to encroach. • Public Information: Advertisement of City Council Agenda • Alternatives: Deny the Encroachments, or add conditions as desired by Council. • Recommendations: Approve the request subject to the terms and conditions of the Agreement. • Attachments: Ordinance, Exhibit "A", Location Map, Pictures and Agreement, Disclosure Statement Recommended Action: Approval of the Ordinance. Submitting Department/Agency: Public Works/Real Estate JC City Manager: %. 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF THE CITY 6 PROPERTY KNOWN AS LAKE 7 JOYCE AND THE 25' STRIP OF 8 LAND AROUND LAKE JOYCE 9 LOCATED AT THE REAR OF 4316 10 BEN GUNN ROAD 11 12 WHEREAS, Vernon Daniel and Jo Ann Daniel desire to remove existing 13 timber bulkhead and to construct and maintain proposed steps, pier, mooring piles and 14 riprap within the City's property known as Lake Joyce and the 25' strip of land around 15 Lake Joyce located at the rear of 4316 Ben Gunn Road. 16 17 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2- 18 2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon 19 the City's property subject to such terms and conditions as Council may prescribe. 20 21 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY 22 OF VIRGINIA BEACH, VIRGINIA: 23 24 That pursuant to the authority and to the extent thereof contained in §§ 25 15.2-2009 and 15.2-2107, Code of Virginia, 1950, as amended, Vernon Daniel and Jo 26 Ann Daniel, their assigns and successors in title are authorized to remove existing 27 timber bulkhead and to construct and maintain proposed steps, pier, mooring piles and 28 riprap in the City's property known as Lake Joyce and the 25' strip of land around Lake 29 Joyce as shown on the exhibit entitled: "EXHIBIT A PROPOSED ENCROACHMENT 30 OF RIPRAP, PIER & MOORING PILES IN LAKE JOYCE," dated October 8, 2018 and 31 prepared by Marine Engineering, a copy of which is attached hereto as Exhibit A and on 32 file in the Department of Public Works and to which reference is made for a more 33 particular description; 34 35 BE IT FURTHER ORDAINED, that the temporary encroachments are 36 expressly subject to those terms, conditions and criteria contained in the agreement 37 between the City of Virginia Beach and Vernon Daniel and Jo Ann Daniel (the 38 "Agreement"), an unexecuted copy of which has been presented to the Council in its 39 agenda, and will be recorded among the records of the Clerk's Office of the Circuit 40 Court of the City of Virginia Beach; 41 42 BE IT FURTHER ORDAINED, that the City Manager or his authorized 43 designee is hereby authorized to execute the Agreement; and 1 44 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect 45 until such time as Vernon Daniel and Jo Ann Daniel and the City Manager or his 46 authorized designee execute the Agreement. 47 48 Adopted by the Council of the City of Virginia Beach, Virginia, on the 49 day of , 201_ CA14185 R-1 PREPARED: 10/15/18 \\vbgov.com\dfs 1\applications\citylaw\cycom 32\wpdocs\d015\p030\00510341.docx APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM: OUrAft ) PUBLIC% ORKS, REAL ESTATE DA A RI HA' ER SENIOR CITY ATTORNEY 2 10' 0' 10' 20' 40' LAKE JOYCE 15 VA BEACH CITY SCALE:1'=40 M.B.31 PG.53 / GPIN#1570 80 2438 Lu o /N PROPOSED w �. // RIPRAP o i �• _ / 51 REVETMENT PROPOSED PIER a ' / 10' MOORING PILES 6 — 25'STRIP :4:%: El m PROPERTY OF �"e::.-;.1".:404,1/?, PROPOSED VA BEACH CITY it .�a_! 12' RIPRAP // ~- : N, 7 ./"N, WAVE %-4 " .- i� > 22' BREAK ,. ,.,.,:s., i} Sv / Mii L / EXISTING TI BER BULKHEAD 6' ' 23 TO BE REMO,yED FOR DISPOSAL \ S' \ ` 11 // NL STEPS X2 '�}v 4- / N 25 / , \ / NWL \ BAYLAKE PINES SEC 1 LOT 35 BK 1 N N / N NIF JOHN C&BETTY L FRISTACHI \ N 4320 BEN GUNN RD N N LEGACY NUMBER 200409010139109 `.` N\ N N GPIN#1479 89 5610 4 MB 31 PG 53 .�' N p N ao0p' �.�'p� 25 WIDE STRIP SCALED FROM PLAT PROPERTY LINE M.B.31 PG.53 BAYLAKE PINES SEC 1 LOT 36 BK 1 op0� NIP VERNON&JO ANN DANIEL �, 4316 BEN GUNN RD g BAYLAKE PINES SEC 1 LOT 37 BK 1 INSTR4 20170601000457310 k N/F GLENN R&LINDA L BELL GPIN 8 1479 89 6505 ti MB 31 PG 53 4312 BEN GUNN RD PIN(F) D.B.4655 PG.1797 GPIN#1479 89 6488 MB 31 PG 53 Q, o� v,,LTH OF Jr O ei4 �'Qp�4",1, PROPERTY LINE o DAVID � a ')off GGA °O Lic. No. 034674 l'e,17N�� 0 0/8/2018 A•S3 ��PIN(F) SONAL � EXHIBIT A PREPARED BY: APPLICATION FOR ENCROACHMENT BY: PROPOSED ENCROACHMENT MARINE ENGINEERING 4212 DOUGHERTY CT VERNON & JO ANN DANIEL RIPRAP, PIER &OF4212 PILES VIRGINIA BEACH, VA 23455 295 SEABREEZE CT VERO BEACH, FL 32963 IN SHEET 1 OF 1 LAKE JOYCE REV2 DATE: OCT 8, 2018 / / L z+v W N 3 Z v H Q 0a) o (.1) zZ0 0LL w m Z QN Q W O X a .-j E Z ' O WWo ^o w Q 2 Z Z 5 O Q 0 0 O m - 0 JxZw p ( C7 N Z o V J ZQ' i LLI f \ W > o Z a O x Q S , C • 3/". RS V CLQ 4INN .,(#),''' / / '- „ ',.., N CIJ -0 Z 03 Cr 0 Q J� oCU OC , C .. } C C d CD 'N,, #. 0U mCD c/C..) N COc CZ 7 daOL W • // i E ' / da p if, Q, o N o, ao ay WV rI 01 C M Um' 4Zr C 6 g Z °' it 0 ' di l/ —I • W Z Q 0. O. W .".Y • c .. f_ t Ilk t _ I• O . • J Yr ' t ` .p z 0 CU E Z S tj W fa m 0 t,0 t" e-1 C M W d' 1.-..4'.. r it ' o. , fo ? or 40 /1,'?'• ... 44, . , e —.I V .. .- ,. .-TY--!.• , I _ ...: . .., ,r r 1,...: * . 4 I LU ,.•;',41:i , , /. Z „, -,. . . • ,•,.‘,'../..:-.1, N, • •' . ' . -. . .• at • .. ,fr, )1, : : ..0 iap•• ,,,,sv •,,,,„ .. '''• .f ki.--- les' it: 1 . i '-4" : +ji PT.41' I./ .4 4 " / ..---..., C/D E -ss" .f... -' 4\s/4.,,,4, ..4. i . , ., , Oftiv • 1,'1:.1-• = -'''/.. 0.• ' ' * ., ,,s — —. - - • .rb, ,'' ' `. •• 4—e -Jr ,..4" . , . '2 oliAd•:^ f*- :, ‘' ' ' 4'. < . V -" ' c • 4 4;;. /I, , ' tei =., •- ..) fa. < :; ._,,. 614k. ' ' U p'!` % 0. ,i , _ ..),0, ,. . .,, ,t. „ _ . . - <ri 1- ''" - '..•• _ -7--• • --• f. •,..."- Z °z - ' • . ...; It',4` -4 't -„ • ,. • Asp ., 4,- • - .‘-tk , . _ . — I --, , s. ... ,,s- , -- • ,. -I l- t•.., .,•.- 4a „."[ CA ,,i!_ li / ,. I,It aito- -A. ,, ''''It e. ;:'. ,....2,,,:*. / 0 '2 f. '1 %,`,‘:*Iltiirtiltfr s-..:'7 ' '.... 'N'-, -, 740'.6,4A' 7-7 ' M 0 (-,-, 1 ' , ' . 111' 1' - # t r 1:'''fli' ' '41- / cr ce ..t- . .. 4.,...- -. , - At.- '''. _ ,4, ‘ It'ilk 4,1 s 3 "N tr , N : . ''.- '!•1 " ,,Z... .--, : ' - 4 t ,ke • ..la. 0 CU C4 Z ., i -. 4. _ , , r 4 i„ • ' '..' '' 'i .„ •• X ••• •Wr. .- Z '' ' - . • • ' 'P.'s" - .....:- .,4.,,. . : \ ..., ., CU ..... s -- . ` ,:., ,y4 ; ,, E W .ifor,4,—,• ., , - "26 . ,' - '','• ,-, .,..4",.,;-.: - . - i It--.. ' Z , ..' 1,..""-•‘' • U LJJ . ,#) • .. • - K.: - . • 1." t ' : .... RS CO 0 1- CO 4,.) ei cm UJ 44' _ _ _ PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C)(4) THIS AGREEMENT, made this I day of S Mbe , 201 , by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and VERNON DANIEL and JO ANN DANIEL, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lot Thirty-Six (36), in Block One (1)", as shown on that certain plat entitled: "SUBDIVISION NO. 1 OF BAYLAKE PINES PRINCESS ANNE COUNTY, VA", Scale: 1"=100, dated February, 1954, prepared by Frank D. Tarrall, Jr. & Associates Surveyors & Engineers, which said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 31, at page 53, and being further designated, known, and described as 4316 Ben Gunn Road, Virginia Beach, Virginia 23455; WHEREAS, it is proposed by the Grantee to remove existing timber bulkhead and to construct and maintain proposed steps, pier, mooring piles and riprap, collectively, the "Temporary Encroachment", in the City of Virginia Beach; and GPIN: 1570-80-2438 - CITY PROPERTY (LAKE JOYCE/25' Strip of Land) GPIN: 1479-89-6505 - (4316 BEN GUNN ROAD) WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of City property known as Lake Joyce and the 25' strip of land around Lake Joyce (M.B. 31 PG. 53) 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 PROPOSED ENCROACHMENT OF RIPRAP, PIER & MOORING PILES IN LAKE JOYCE," dated October 8, 2018 and prepared by Marine Engineering, 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. 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 that any existing encroachments referenced in the Exhibit or this Agreement are the ongoing maintenance obligation of the Grantee and the City disclaims any ownership interest or maintenance obligation of such encroachments. It is further expressly understood and agreed that the Grantee must obtain and keep in effect liability insurance with the City as a named insured in an amount not less than $500,000.00 per person injured and property damage per incident, combined, 3 with the City listed as an additional insured. The company providing the insurance must be registered and licensed to provide insurance in the Commonwealth of Virginia. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the Department of Public Works City Engineer's Office or the Engineering Division of the Department of Public Utilities. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by 4 this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Vernon Daniel and Jo Ann Daniel, the said Grantee, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 201 , by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of ,201 , by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 d// \ / By . L , / ernon 11 ani- , Ow e •1 A By : ag Jo A n Daniel, Own STATE OF CITY/COUNTY OF V ►NA 0h , to-wit: The foregoing instrument was acknowledged before me this t3h day of SeeNnbeg-, 201 q , by Vernon Daniel. i SEAL) N ry Public di ,,,„,,,,,,,,,, / NOTARY \'Z i -4 PUBLIC .G REG.#7505180 Notary Registration Number: ' 7 Sc 6 1$'Q n �MY COMMISSION i Q 0 EXPIRES 2 05/31/2019 C? My Commission Expires: 0 /-3 ►/20 t 9roti•• .• ,�e 4„,`,T„".„,°„,,,,,,,,, STATE OF CITY/COUNTY OF Viec in►." &AC,h, to-wit: The foregoing instrument was acknowledged before me this 13 ' day of s l-ery , 201k, by Jo Ann Daniel. AO AI LP., (SEAL) i otary Public . `P P P NOTARYy/�'Ls ' Notary Registration Number: —1-- (--) \�5 U ' „ PUBUc �= REG.#7505180 1. 'MY COMMISSION r My Commission Expires: 65/31 /2c.)i : y • EXPIRES : Q _ '•..05/31/2019 '§,2 ", Fq LTH OF `i" ',,,a u,,,,,,",, 7 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM •. GNAT RE ' • • r- :. ° RMEYER, SENIOR CI ATTORNEY /V/23/? DATE PUBLIC WORKS / REAL ESTATE DEPARTMENT / DIVISION 8 1a a 1a 20' 40' LAKE JOYCE IsTm VA BEACH CITY SCALE:1'=C' M.B.31 PG.53 / GPIN#1570 80 2438 v /N PROPOSED c / RIPFtAP/ vii \ • / 51' REVETMENT PROPOSED PIER Za " -.. 10' MOORING PILES o a 25'STRIP w• PROPERTY OF t .- 0, �� PROPOSED 2 --- VA BEACH CITY / s.•. 12' / ��� RIPRAP / ��sw .� / --•,74:.;!-:-...::',.•,... w > BREAK `:o v� " �, WAVE �N/ • 6 16 3.ti��- 1 ' %;.�• / / EXISTING T BER BULKHEAD N, !: L 6' `" 23' / TO BE REMO D FOR DISPOSAL . S• �`1 `\ ` ... 11' / STEPS X2 . ..V' ;t /N / N N �� N 25' /X� N \ / NWL \ BAYLAKE PINES SEC 1 LOT 35 BK 1 N / N N N/F JOHN C&BETTY L FRISTACHI N 4320 BEN GUNN RD N N LEGACY NUMBER 200409010139109 N N N GPIN#1479 89 5610 N\ MB 31 PG 53 .44.8 8 �,4. 41111) 425'WIDE STRIP 'ate• SCALED FROM PLAT PROPERTY LINE M.B.31 PG.53 BAYLAKE PINES SEC 1 LOT 36 BK 1 A'' N/F VERNON&JO ANN DANIEL c� 4316 BEN GUNN RD 5 BAYLAKE PINES SEC 1 LOT 37 BK 1 INSTR#20170601000457310 4 N/F GLENN R&LINDA L BELL GPIN 8 1479 89 6505 el. 4312 BEN GUNN RD MB 31 PG 53 PIN(F) D.B.4655 PG.1797 GPIN#1479 89 6488 MB 31 PG 53 4,�,T . LTH OF ne o goo ' S4..:1 xL. so OFN bZ 'QO "N4B�ov. PROPERTY LINE 0o DAVID KLEDZIK y °� 004, Yk ,.4 Uc. No. 034674 4 •07,4, O ?) 10/8/2018 CS, PIN(F) ''S''"-'1op � APPLICATION FOR ENCROACHMENT BY: EXHIBIT A PREPARED BY: PROPOSED ENCROACHMENT MARINE ENGINEERING 4212 DOUGHERTY CT 295VERNOSEA REEOZE CT N DANIEL RIPRAP, PIER &ANEMOORING PILES VIRGINIA BEACH, VA 23455 VERO BEACH, FL 32963 IN SHEET 1 OF 1 LAKE JOYCE REV2 DATE: OCT 8, 2018 ,gyp. Virginia Beach APPLICANT'S NAME VERNON DANIEL < .�� Air �CLn (e L^ DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Compliance, Special Investment Program Nonconforming Use Exception for (EDIP) Changes Board of Zoning Appeals 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 Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. 4 SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY%Ail disclosures mus_:be updated two(Z)weeks prior to arty i Pae 1 of 7 Piannin Commission and Cit Council meeftn: rh t cerrains to the ao-licatiorls't g ❑ APP1JCANT NOTIFIED Or?SEARING i DATE.' ❑ NO CHANGES AS OF I DATE' ,0 I OZ. Le (2.er e Jen c WpR o REVISIONS SURMITTED DATE: Q �s OCT 232017 Virginia Beach DCheck here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:__ VERNON DANIEL o' .,�p Ann Doi t�-►eL 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 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) 1 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. [xi 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: VERNON DANIEL .e � nh If an LLC, list the member's names: Page 2 of 7 \11.-.7._ , .3 Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship' means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va, Code§2.2-3101. 2 "Affiliated business entityrelationship' means a relationship, other than i " ' parent-subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business 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 entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. SECTION 3" SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. if the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 APPLICANT Virginia Beach YES i NO 1 SERVICE PROVIDER(use additional sheets if needed) Q El Accounting and/or preparer of your tax return C0 Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than El ® the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed t l ® purchaser of the subject property (identify purchaser(s)and purchaser's service providers) ❑ Construction Contractors pit Engineers/Surveyors/Agents MARINE ENGINEERING Financing (include current DJ (i i mortgage holders and lenders L.� Jl� selected or being considered to provide financing for acquisition or construction of the property) ❑ El Legal Services Real Estate Brokers / QX Agents/Realtors for current and anticipated future sales of the i subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ CZ 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 r interest? Page 4 of 7 Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete, true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meet g, or meeting of y public body or committee in connection with this App catio kit al- 142 A 1 J• 'S SI TUR PRINT NAME DA1.b17 it I ${Z Page 5 of 7 • OWNER Vrgrn iia Beach YES NO SERVICE PROVIDER (use additional sheets if needed) 21 Accounting and/or preparer of your tax return l i Ei Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than the Applicaint)- identify purchaser and purchaser's service providers Any other pending or proposed C [� purchaser of the subject property ttU�!! (identify purchaser(s)and purchaser's service providers) Construction Contractors Engineers/Surveyors/Agents MARINE ENGINEERING Financing (include current ❑ (q mortgage holders and lenders �J selected or being considered to provide financing for acquisition or construction of the property) ElLegal Services Real Estate Brokers/ ElAgents/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 E 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 6of7 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 App 'cation. / I// , 4/ ,�► it ( A R N NAME D• E Page 7 of 7 C ��HU I'C4 � �tTT (F ii 4'.,,,`4 J,J�J CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Authorize Payment of $25,000 for ViBe Creative District Matching Grants to the Virginia Beach Development Authority MEETING DATE: November 13, 2018 • Background: In FY 2017-18, $100,000 was appropriated to the Office of Cultural Affairs as the third and final year of direct ViBe support. Of the total ViBe support, $25,000 was allocated for an incentive grant program to help fund building, façade, property, and technology improvements for businesses within the ViBe Creative District. Because it is a grant program, the City of Virginia Beach Development Authority would be the appropriate administrative agency. These grants are distributed on a reimbursement basis after the qualifying work has been completed. Due to the timing of the work being completed by the businesses, the funds were not expended within the FY 2017-18 fiscal year. City Council approved the carry forward of these funds into Cultural Affairs' FY 2018- 19 Operating Budget. • Considerations: Authorization by Council is required prior to the paying these funds to the Authority. • Public Information: Normal Council agenda process. • Recommendations: Adopt the attached budget amendment ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Dep• - - Agency: Office of Cultural Affairs City Manager: 1 AN ORDINANCE TO AUTHORIZE PAYMENT OF 2 $25,000 FOR VIBE CREATIVE DISTRICT MATCHING 3 GRANTS TO THE VIRGINIA BEACH DEVELOPMENT 4 AUTHORITY 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA, THAT: 8 9 That $25,000 from the FY 2018-19 Cultural Affairs' Operating Budget is hereby 10 authorized be paid over to the City of Virginia Beach Development Authority to allow the 11 Authority to administer the ViBe Creative District Matching Grant Program. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: An") Q. Budget and Management Servic City Attorney's Office CA14561 R-2 November 7, 2018 C ib BEADY rrt ; '` CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Transfer Appropriations within the Sheriff's Office's FY 2018-19 Operating Budget and to Convert Five Full-Time Sworn Positions to Ten Part- Time Sworn Positions MEETING DATE: November 13, 2018 • Background: The Virginia Beach Sheriff's Office (VBSO) has identified three areas within the VBSO — the Sheriff's Office Law Enforcement Training Academy (LETA), Court Security-Prisoner Transportation, and Correctional Operations-Internal Investigations — where there is a need to reassess staffing arraignments. The VBSO has determined that the presently authorized and approved number of full-time positions in these areas are insufficient to provide either adequate staff coverage and/or the necessary flexibly required to conduct the full range of VBSO activities in these divisions. Therefore, the VBSO requests that a number of authorized and approved full- time positions be converted, in equal total numbers, to part-time positions. These conversions would allow the VBSO to utilize a greater range of qualified law enforcement personnel with previous training and certified sworn experience to conduct these essential job duties and functions than is enabled by the current number of full- time positions. The conversions requested by the VBSO are as follows: • The Sheriff's Office Law Enforcement Training Academy (LETA): The VBSO wishes to convert three vacant full-time positions to six part-time positions. This will allow for enhanced specialized training from qualified instructors who are only able to educate VBSO trainees on limited schedules. The VBSO is interested in adjusting its organizational training goals in order to provide more enhanced law enforcement classes for its sworn personnel. Adding training standards to its three basic academies and other various training classes throughout the year necessitates a greater number of trainers who possess the ability to conduct sessions at a wider variety of times. • Court Security-Prison Transportation: In an effort to augment prisoner transportation throughout the state, the VBSO wishes to convert one vacant Correctional Operations full-time position to two part-time positions in Court Security for transportation operations. • Correctional Operations-Internal Investigations: There is also an additional need to expand internal investigations as directed by the Sheriff. The VBSO wishes to convert one vacant Correctional Operations full-time position to two part-time positions in Correctional Operations for intelligence operations. • Considerations: The conversion of five Full-Time positions to ten Part-Time positions would require a shift of$292,000 in the VBSO's FY 2018-19 Operating Budget from full-time salaries to part-time salaries. • Public Information: Normal Council Agenda notification process. • Recommendations: Approve the attached ordinance. • Attachment: Ordinance Recommended Action: Approval Submitting Department/Age. y: " " ia Beach Sheriffs Office City Manager: kf2A„,, qb *1 1 AN ORDINANCE TO TRANSFER APPROPRIATIONS 2 WITHIN THE SHERIFF'S OFFICE'S FY 2018-19 3 OPERATING BUDGET AND TO CONVERT FIVE 4 FULL-TIME SWORN POSITIONS TO TEN PART- 5 TIME SWORN POSITIONS 6 7 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 8 VIRGINIA BEACH, VIRGINIA, THAT: 9 10 1. Five full-time (FT) sworn positions in the Virginia Beach Sherriff's Office are 11 hereby converted to ten part-time (PT) sworn positions in the Sheriffs Office's 12 Fiscal Year 2018-19 Operating Budget. These conversions shall be as 13 follows: 14 15 a. 3 FT positions to 6 PT positions in The Sheriff's Office Law Enforcement 16 Training Academy; 17 18 b. 1 FT Correctional Operations position to 2 PT positions in Court Security 19 for the purposes of prison transportation; and 20 21 c. 1 FT Correctional Operations position to 2 PT positions in Correctional 22 Operations for the purposes of internal investigations. 23 24 2. This conversion thereby reduces the Sheriff's Office's Fiscal Year 2018-19 25 position total by 5.0 full-time positions and increases the Sheriff's Office's 26 position total for Fiscal Year 2018-19 by 10.0 part-time Positions. 27 28 3. $292,000 in the Virginia Beach Sheriff's Office's Fiscal Year 2018-19 29 Operating Budget is transferred from full-time Salary accounts to part-time 30 Salary accounts. 31 32 4. The City Manager is hereby directed to include the above adjustments in the 33 proposed FY19-20 Operating Budget. 34 35 Adopted by the Council of the City of Virginia Beach, Virginia on the day 36 of , 2018. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services .- orney's Office CA14559 R-2 November 2, 2018 r`p�\�l4 BEA� .(„1 CITY CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Transfer Funds and Positions within the Department of Human Services MEETING DATE: November 13, 2018 • Background: The Department of Human Services (DHS) strives to continually improve service delivery to the citizens of the City of Virginia Beach. Two of the four pillars of the DHS strategic plan outline strategies and goals in the areas of service integration and access to services. Service demand, State data, and processing deadlines drive business model decisions. A nimble, responsive system of care requires flexibility to move staff in and out of programs to keep up with changes in population needs and with local, State and Federal requirements. The position transfers, as outlined in Attachment A, are being requested to address the current service delivery needs within DHS. • Considerations: The above positions are funded by a combination of State, Federal pass-through, and City Funds. There are no changes in the revenue sources associated with these positions based on the proposed transfers; therefore, no additional General Fund support is requested, and no additional expenditure appropriation is required. • Public Information: Normal Council Agenda process. • Recommendations: Approval of Ordinance • Attachments: Ordinance; Attachment A Recommended Action: Approval Submitting Department/Age rtment of Human Services City Manager: IWNL 1 AN ORDINANCE TO TRANSFER FUNDS AND POSITIONS 2 WITHIN THE DEPARTMENT OF HUMAN SERVICES 3 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA THAT: 6 7 Nine (9) full-time and one (1) part-time positions and the $809,087 in funding 8 associated with these positions are hereby transferred within the Department of Human 9 Services (DHS) as outlined in Attachment A to better utilize the current level of manpower 10 and to provide better service delivery to the citizens of the City of Virginia Beach. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2018. APPROVED AS TO CONTENT. APPROVED AS TO LEGAL SUFFICIENCY: Budget & Management Services City ttorney's Office CA14566 R-1 October 31, 2018 Attachment A Position Transfers Within the Department of Human Services For City Council Meeting of November 13,2018 Position Control Number Position From Budget Unit To Budget Unit Purpose Total B001743 Administrative Analyst BHDS Administration Central Administration Integration of HSD Business Administration Division $ 91,092 B003652 Administrative Assistant DS Program Management BHDS Administration Move administrative support to CSB Deputy Director 56,824 B001345 BH/DS Clinician Adult Day Treatment Services Adult Outpatient Services Add staff to Outpatient Services to support Same Day Access 80290 B006468 Staff Psychiatrist Pathways At Birdneck Adult Outpatient Services Add staff to Outpatient Services to support Same Day Access 258,688 B005148 BH/DS Behavior Specialist Residential Services Adult Outpatient Services Add staff to Outpatient Services to support Same Day Access 57,818 PT65015 BH/DS Assistant(PT) DS West Neck Side A Kentucky Avenue ICF Shift staff between Intermediate Care Facilities to meet staff/resident ratios 17,520 B007273 BH/DS Behavior Specialist Westneck ICF Side B Colby Way ICF Shift staff between Intermediate Care Facilities to meet staff/resident ratios 57,818 B003088 Clerk II Benefit Program Child Sercices Move administrative support to Child Welfare Administrator 39,042 B004668 Family Services Specialist Employment Services Adult Services Support response to increased Adult Protective Services reports 76,881 B006058 Family Services Specialist Employment Services Adult Services Support response to increased Adult Protective Services reports 73,114 Total Appropriation Transfers $ 809,087 c f i CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: An Ordinance to Accept and Appropriate State Funds and Authorize Eight Positions for the Financial Assistance Division of the Department of Human Services MEETING DATE: November 13, 2018 • Background: On May 30, 2018, the Virginia General Assembly passed a FY19/FY20 biennium budget that included Medicaid expansion. Additional administrative funding to assist with the increased volume of Medicaid applications was provided on a state-wide basis for the equivalent of 300 new local benefit programs specialist positions. With a local match, the total available for allocations totaled approximately $21.5 million. The Virginia Department of Social Services awarded $555,620 to the Virginia Beach Department of Human Services(DHS)for Medicaid expansion activities. The applicable portion of the first year(through May 31, 2019) is funded at 100% by the State, but in succeeding years there is a 15.5% required local match. DHS anticipates receiving an additional 750 Medicaid applications per month. In order to process applications, provide timely and efficient follow-up, and maintain records necessary for continued benefits, six new Eligibility Worker II and two new Eligibility Supervisor positions are requested. Personnel costs in the first year are estimated at $248,411, along with one-time costs for computer equipment of $29,472, and HS Professional Services provided by DHS in the amount of$277,737 for a total of$555,620 that will be 100% supported with State funds. On-going personnel costs are estimated at $496,822, and on-going HS Professional Services are estimated at $58,798 for a total of $555,620, made up of $469,499 in State funds and requiring a General Fund local match of $86,121 beginning in FY19-20. • Considerations: In order to process and administer an anticipated nine thousand new Medicaid applications during Calendar Year 2019, eight new positions will be created in the Financial Assistance Division of the Department of Human Services. Funding from the State will cover 100% of the expenditures through May 31, 2019 and will require a 15.5% match beginning June 1, 2019. The Department of Human Services will absorb, within existing resources, the required local match for the final month of FY18-19. In total, this request requires an annual local match of $86,121 beginning in FY19-20. • Public Information: Normal Council Agenda process. • Recommendations: Approval of Ordinance • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency. :-pa• -nt of Human Services ell) City Manager: 4 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE STATE 2 FUNDS AND AUTHORIZE EIGHT POSITIONS FOR THE 3 FINANCIAL ASSISTANCE DIVISION OF THE 4 DEPARTMENT OF HUMAN SERVICES 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 1) $555,620 in State funding is hereby accepted and appropriated, with State 10 revenues increased accordingly, to the FY18-19 Operating Budget of the 11 Department of Human Services to meet the administrative requirements 12 associated with the increased volume of Medicaid applications; and 13 14 2) Eight full-time positions are hereby authorized within the FY18-19 Operating 15 Budget of the Department of Human Services to meet the administrative 16 requirements associated with the increased volume of Medicaid applications. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2018. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: r ,A7 / Cu Budget & Management Services C' n 's ice CA14560 R-1 October 26, 2018 ry ig , ,,. .,___. 1,.? I. „...,, ,., ,,..,..,.....„ .i„w CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Accept and Appropriate State Funds and Authorize One Position for the Children's Services Act Program MEETING DATE: November 13, 2018 • Background: The Children's Services Act (CSA) is a law enacted in 1993 that establishes a single state pool of funds to support services for eligible youth and their families. State funds, combined with local community funds, are managed by local inter- agency teams who plan and oversee services to youth. The mission of the CSA is to create a collaborative system of services and funding that is child-centered, family- focused, and community-based when addressing the strengths and needs of troubled and at-risk youth and their families in the Commonwealth of Virginia. The City of Virginia Beach CSA program is housed in the Department of Human Services (DHS). The program receives an annual allocation of state funding from the Office of Children's Services (OCS) and operates under the guidelines of the OCS. DHS has received an annual increase in state funds awarded from the OCS, restricted to CSA services, in the amount of $499,582. One of the CSA mandates is to implement "a plan for regular monitoring and utilization review of the services and residential placement for the child to determine whether the services and placement continue to provide the most appropriate and effective services for the child and his family." The OCS cited the lack of such a utilization review plan as a weakness in an audit of the City's CSA program. The most appropriate remedy is to provide hands-on reviews of high-risk youth and children who are severely emotionally disturbed while they are in the residential setting, and to review the provider's records directly rather than relying on reports submitted to the CSA team. In order to meet this mandate, one full-time position to conduct utilization reviews, and an enhancement to the existing state-approved purchase-of-services software system are necessary. An increase in the personnel appropriation of $71,652 will cover the salary and benefits for the new position. New equipment, increased travel and training, and other related costs total $12,941. The system enhancement is estimated at $50,000. The remaining $364,989 will be allocated to direct services. • Considerations: The addition of a full-time utilization manager will satisfy the state mandate, and an enhancement in reporting software will improve data tracking and reporting of the utilization reviews. The requested increase includes the personnel appropriations of $71,652 and non-personnel appropriations of $427,930 do not require any General Fund support. • Public Information: Normal Council Agenda process. • Recommendations: Approval of Ordinance • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agenc : P -•ailment of Human Services .1-Y City Manager: 4e:ilk__ 411b.„ 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE STATE 2 FUNDS AND AUTHORIZE ONE POSITION FOR THE 3 CHILDREN'S SERVICES ACT PROGRAM 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA THAT: 7 8 1) $499,582 in State funding, with State revenues increased accordingly, are 9 hereby accepted and appropriated to the FY18-19 Operating Budget of the 10 Department of Human Services for CSA case reviewing requirements and 11 associated services; and 12 13 2) One full-time position is hereby authorized within the FY18-19 Operating 14 Budget of the Department of Human Services for CSA case reviewing 15 requirements and associated services. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2018. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: V-A C)- Budget & Management Services City Attorney's Office CA14562 R-1 October 26, 2018 [ ..i;,,,-gif*,. Cr CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Accept and Appropriate Federal, State and Reserved Funds and to Authorize Four Positions for the Part C Infant Program MEETING DATE: November 13, 2018 • Background: The Virginia Beach Department of Human Services (DHS) provides Early Intervention supports and services to infants and toddlers from birth through age two who are not developing as expected, or who have a medical condition that can delay normal development. Early intervention support and services seeks to increase the child's participation in family and community activities that are important to the family and learn everyday activities. These services are available for all eligible children and their families regardless of the family's ability to pay. These services are supported with a combination of State and Federal Part C pass-through funds awarded annually by the Virginia Department of Behavioral Health and Developmental Services (DBHDS), fees generated by the program, and General Fund support. Subsequent to the adoption of the City's FY18-19 Operating Budget, DHS received an increase of$254,198 in the FY2019 award from DBHDS. To be able to support increasing service demands, four full-time City positions will be created for the program: one new City full-time Clinician; one City full-time Administrative Assistant conversion from contracted manpower; and two City full-time Educators reclassified from City part-time positions. Net personnel costs, including contracted manpower, will total $254,198. One-time costs for furniture and equipment will total $6,148 and will be covered with available fund balance reserves that are restricted to use in this program. • Considerations: The FY18-19 Part C award from DBHDS included $207,265 in increased State funds and $46,933 in increased Federal pass-through funds. These funds will be used to expand staffing to support increased service demands. One-time costs of $6,148 will be supported by fund balance reserves. There is no additional General Fund matching requirement to accept these funds. • Public Information: Normal Council Agenda process. • Recommendations: Approval of Ordinance • Attachments: Ordinance Recommended Action: Approval Submitting Department/A• -ncy:.Department of Human Service City Manager: a 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FEDERAL, STATE AND RESERVED FUNDS AND TO 3 AUTHORIZE FOUR POSITIONS FOR THE PART C INFANT 4 PROGRAM 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 1) $207,265 in State funding are hereby accepted and appropriated, with revenue 10 increased accordingly, to the FY18-19 Operating Budget of the Department of 11 Human Services to expand staffing to support increased service demands for 12 the Part C Infant Program; 13 14 2) $46,933 in Federal funding are hereby accepted and appropriated, with 15 revenue increased accordingly, to the FY18-19 Operating Budget of the 16 Department of Human Services to expand staffing to support increased service 17 demands for the Part C Infant Program; 18 19 3) $6,148 is hereby appropriated, with specific fund revenue increased 20 accordingly, to the FY18-19 Operating Budget of the Department of Human 21 Services Program; and 22 23 4) Four full-time positions are hereby authorized within the FY18-19 Operating 24 Budget of the Department of Human Services. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2018. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: i \ ,- )evt c J Budget & Management Services Ci► tl::*n- 's Office CA14557 R-1 October 23, 2018 4N, fg, ' )!1 CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: An Ordinance to Accept and Appropriate State Funds and to Authorize Five Positions to Support the Same Day Access Initiative of the Behavioral Health Outpatient Program MEETING DATE: November 13, 2018 • Background: In Spring of 2015, the Virginia Department of Behavioral Health and Developmental Services (DBHDS) began a comprehensive study of the delivery system for the public behavioral health and developmental services across Virginia and developed the System Transformation, Excellence and Performance in Virginia (STEP VA) initiative. The key elements of STEP VA are: • Excellence in behavioral healthcare; • Emphasis on population health and wellness; • Integration of behavioral health and primary health; and • Sustained, strategic investment in community services and supports. STEP VA is funded at the State level by a combination of Federal funds granted to the State from the Substance Abuse and Mental Health Services Administration (SAMHSA) and State general funds. DBHDS has allocated $270,000 to the City to implement Same Day Access (SDA) as a STEP VA initiative. The goals of the SDA initiative are to reduce wait times, to increase engagement, and to shift care away from crisis response. Under the SDA model, individuals are assessed on the same day that they call or appear at the Community Services Board (CSB), and individuals receive an appointment for a direct service within ten days. In order to meet the expectations of SDA, the Behavioral Health Outpatient Program will add four new, full-time positions, and convert one part-time position to full-time status. Personnel costs for the first year are anticipated to be $132,000, and one-time costs for furniture, equipment, and building modifications are estimated to be $45,000, resulting in a total first-year budget of $177,000. On-going annual personnel costs are projected to be $265,000. The funding level from the State is $270,000 and will cover the costs to implement an individual's same-day access to a comprehensive clinical assessment. Any funds received for SDA and not spent during the fiscal year will be held in reserve for future use for this initiative. • Considerations: DBHDS has allocated $270,000 in State funds to the City of Virginia Beach Behavioral Health and Developmental Services Division through the FY 2019 Performance Contract. These funds are restricted in use to the Same Day Access initiative. This proposal to add staff does not require additional support from the General Fund other than to cover salary increases provided to all City staff. • Public Information: Normal Council Agenda process. • Recommendations: Approval of Ordinance • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agen : D-.; ment of Human Service Cit Manager: ..46L 4 1,�►. 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE STATE 2 FUNDS AND TO AUTHORIZE FIVE POSITIONS TO 3 SUPPORT THE SAME DAY ACCESS INITIATIVE OF THE 4 BEHAVIORAL HEALTH OUTPATIENT PROGRAM 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 1) $270,000 in State funding is hereby accepted and appropriated, with revenue 10 increased accordingly, to the FY18-19 Operating Budget of the Department of 11 Human Services to implement Same Day Access as a STEP VA initiative to 12 allow individuals to be assessed on the same day that they call or appear at 13 the Community Services Board (CSB) and receive an appointment for a direct 14 service within ten (10) days; 15 16 2) Five (5) full-time positions are hereby authorized within the FY18-19 Operating 17 Budget of the Department of Human Services. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2018. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ? ,Q)J4Budget & Management Services city A s Office i CA14556 R-1 October 23, 2018 , .�,G', .,. �� . s 33 ,,,, ,,,,,........,.,,, tttwvi CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Accept and Appropriate Federal Grant Funds and to Authorize One New Position for the Kinship Navigator Program MEETING DATE: November 13, 2018 • Background: The Department of Human Services (DHS) has been awarded grant funds from the Virginia Department of Social Services to develop a regional public-private collaboration to implement the Kinship Navigator Program within the Child Welfare Division. The Kinship Navigator Program serves as a one-stop shop for information and referral services to grandparents, relatives and other caregivers who are currently raising a child. The regional collaboration is made up of the City of Chesapeake Department of Human Services, City of Norfolk Department of Human Services, City of Portsmouth Social Services Department, City of Suffolk Department of Social Services, City of Virginia Beach Department of Human Services, and New Found Families Virginia. The first-year goals of the program are: • Provide web-based kinship care information for access to regional services; • Hire a regional Case Manager/Navigator; • Conduct public forums in each participating locality to explore community strengths and opportunities to build support for kinship families; and • Utilize data collected from website activity, case management services provided, and public forums to develop second-year goals. An estimated 70,000 families in the Commonwealth of Virginia would be served by this program. These families often struggle with the financial impact of providing care for a relative's child and the change in family dynamic as familial roles are altered. The Kinship Navigation Program offers linkages to financial and emotional support. • Considerations: DHS received an award of $63,000 to hire a Case Manager/Navigator for the regional program. There is no match requirement for this grant, and no additional General Fund support is being requested. The Case Manager/Navigator will be a contracted manpower position that will be subject to on-going grant funding. • Public Information: Normal Council Agenda process. • Recommendations: Approval of Ordinance • Attachments: Ordinance Recommended Action: App • . Submitting Depart ent/A•en f• Dep.rtment of Human Services a City Manager: h 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FEDERAL GRANT FUNDS AND TO AUTHORIZE ONE NEW 3 POSITION FOR THE KINSHIP NAVIGATOR PROGRAM 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA THAT: 7 8 1 . $63,000 in Federal pass-through revenue via the Virginia Department of Social 9 Services is hereby accepted and appropriated, with Federal revenues 10 increased accordingly, to the FY18-19 Operating Budget of the Department of 11 Human Services. 12 13 2. One additional position, a Case Manager/Navigator, is hereby authorized in the 14 FY18-19 Operating Budget of the Department of Human Services for the 15 regional Kinship Navigator Program. This position will be a contracted 16 manpower position that will be contingent upon on-going grant funding. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2018. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget & Management Services .t.e orn- 's Office CA14565 R-1 October 31, 2018 / ;,,G , , 7 . "tiy sz, >1 4(;zly ✓ CITY OF VIRGINIA BEACH AGENDA ITEM —J ITEM: An Ordinance to Accept and Appropriate State and Federal Funds for the Annual Adjustments of Various Non-Grant Funds MEETING DATE: November 13, 2018 • Background: The Department of Human Services (DHS) receives annual awards for on-going funding from the Department of Behavioral Health and Developmental Services (DBHDS) and the Virginia Department of Social Services (VDSS) providing a combination of State and Federal pass-through funding. Awards are received in May, after the State and City fiscal budgets have been adopted. When there are variances in the amounts between what was projected during development of the City budget and what is actually allocated, City Council action is needed to adjust appropriations. In May 2018, DBHDS non-grant funding increased by $54,308, and VDSS non-grant funding increased by $252,239. The total non-personnel expenditure appropriation being requested is $306,547. DBHDS funding will be applied to operating costs, and VDSS funding will be applied to adoption services. • Considerations: FY18-19 State non-grant awards increased by $298,550 in State funds and $7,997 in Federal pass-through funds. No additional General Fund support is required. • Public Information: Normal Council Agenda process. • Recommendations: Approval of Ordinance • Attachments: Ordinance Recommended Action: Approval Submitting Department/A. - cy: Department of Human Services v�►1 City Manager: e2)i-, VI) 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE STATE 2 AND FEDERAL FUNDS FOR THE ANNUAL ADJUSTMENTS 3 OF VARIOUS NON-GRANT FUNDS 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA THAT: 7 8 1) $298,550 in various State non-grant awards is hereby accepted and 9 appropriated, with State revenues increased accordingly, is hereby accepted 10 and appropriated to the FY18-19 Operating Budget of the Department of 11 Human Services to be applied to operating costs and support of adoption 12 services; and 13 14 2) $7,997 in Federal pass-through funds is hereby accepted and appropriated, 15 with Federal revenues increased accordingly, to the FY18-19 Operating Budget 16 of the Department of Human Services to be applied to operating costs and 17 support of adoption services. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2018. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ars I , Budget & Management Services fey' 0 ice CA14564 R-1 October 26, 2018 f-. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Byrne JAG Grant Funds for Law Enforcement Purposes MEETING DATE: November 13, 2018 • Background: The Edward Byrne Justice Assistance Grant (Byrne JAG) Local Solicitation is a grant from the Department of Justice (DOJ) that is used to assist with law enforcement and criminal justice programs. The Byrne JAG supports a broad range of activities to prevent and control crime based on local needs and conditions. The policy of the City of Virginia Beach is for a Community Criminal Justice Board, comprised of City representatives from Police, the Sheriff, the Courts, and Community Corrections and Pre-Trial Services, to agree upon the best use of these funds prior to the City's application to the DOJ. This board met on July 30, 2018, in order to consider spending proposals and determine the distribution of the funds anticipated to be received from the federal Fiscal Year 2018 version of this grant. • Considerations: The total award for this grant is $85,108, and there is no local match required. The Virginia Beach Community Criminal Justice Board recommends that the funds be used as follows: • $16,000 to the General District Court to acquire and install video display devices and projection equipment sufficient to outfit two courtrooms. This will better allow footage from Body Worn Cameras to be introduced as evidence during legal proceedings; • $54,108 to the Police Department to purchase the following equipment: a microscope, veterinary scan, and CCTV System for the Animal Care and Adoption Center; a replacement fuming chamber and a new fingerprint powder work station for the Forensic Services Unit; an event data recorder upgrade kit for the Special Operations Fatal Crash Team; and tint meters, breath tests, radar, and lidar for the Uniform Patrol Division; and • $15,000 to the Community Corrections and Pre-Trial Services Division to purchase additional hair follicle and urine drug screen tests to be used in court- ordered testing; and to hire a temporary contractual administrative position to assist with customer support and administrative tasks. • Public Information: Normal Council Agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approv. Submitting Department/Ag: : Po ' e Department ` City Manager: tie, ii.,... ` 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 BYRNE JAG GRANT FUNDS FOR LAW 3 ENFORCEMENT PURPOSES 4 5 NOW, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 1 . That $85,108 in federal funds from the United States Department of Justice, 9 through the federal Fiscal Year 2018 Edward Byrne Justice Assistance Grant, 10 is hereby accepted and appropriated, with federal revenue increased 11 accordingly, to the following departments, in the following amounts, for the 12 following purposes in Fiscal Year 2018-19 Operating Budgets: 13 14 a. $16,000 to the Virginia Beach General District Court for the purchase and 15 install of video display devices and projection equipment sufficient to outfit 16 two courtrooms; 17 18 b. $54,108 to the Police Department for the purchase of law enforcement 19 equipment for the Animal Care and Adoption Center, Forensic Services 20 Unit, Special Operations Fatal Crash Team, and Uniform Patrol Division; 21 22 c. $15,000 to the Community Corrections and Pre-Trial Services Division for 23 the purchase of hair follicle and urine drug screen tests, and to employ a 24 temporary contractual administrative position. 25 26 2. That the City Manager and the City Attorney are hereby authorized to execute, 27 on behalf of the City of Virginia Beach, all necessary agreements, certifications, 28 and assurances, as instructed and required by the United States Department 29 of Justice. 30 31 3. That the replacement of the above items purchased with these grant funds is 32 conditioned upon the receipt of future grant funds. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2018. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Cs Budget and Management Services CityAforney's Office CA14553 R-1 October 16, 2018 J. PLANNING 1. BISHARD HOMES, LLC for a Variance to Section 4.4(b) of the Subdivision Regulations re lot width at 1416 Mill Dam Road DISTRICT 5 —LYNNHAVEN RECOMMENDATION: APPROVAL 2. FWM RESIDENTIAL RENTAL PROPERTIES,LLC for a Variance to Section 4.4(b) of the Subdivision Regulations re lot width at 425 Old Great Neck Road and the southwest adjacent parcel DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 3. KIRBOR, LLC for a Variance to Section 4.4(b) of the Subdivision Regulations re lot width at 3716 West Neck Road DISTRICT 7—PRINCESS ANNE RECOMMENDATION: APPROVAL 4. 27th '/2 STREET GARAGE,LLC/27TH STREET HOTEL ASSOCIATES,LLC for Special Exception for Alternative Compliance to the Ocean Front Resort District Form-Based Code re total coverage of multi-family dwelling units at 2613, 2701, and 2705 Atlantic Avenue, 203 27th Street, and 2701 Pacific Avenue DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 5. DAM NECK STORAGE PARTNERS, LLC for a Modification of Proffers to a Conditional Change of Zoning from R-20 Residential to I-1 Industrial and a Modification of Conditions re storage container size at the southeast corner of Harpers Road and Dam Neck Road DISTRICT 7 —PRINCESS ANNE RECOMMENDATION: APPROVAL 6. TONYA MITCHELL/BO WANG for Conditional Use Permit re family day-care home at 1501 Three Gait Trail DISTRICT 3 —ROSE HALL RECOMMENDATION: APPROVAL 1 c Sl: % ,.o4 , t< NOTICE OF PUBLIC HEARING The regular meeting of the City Council of the City of Virginia Beach will be held in the Council Chamber of the City Hall Building, Municipal Center, Virginia Beach,Virginia,on Tuesday,November 13,2018 at 6:00 p.m.,at which time the following applications will be heard: Bishard Homes, LLC [Applicant & Owner] Subdivision Variance (Section 4.4(b)of the Subdivision Regulations) 1416 Mill Dam Road (GPIN 2408394495) COUNCIL DISTRICT - LYNNHAVEN Tonya Mitchell [Applicant] Bo Wang [Owner]Conditional Use Permit(Family Day-Care Home)1501 Three Gait Trail (GPIN 1495074771) COUNCIL DISTRICT-ROSE HALL Kirbor, LLC [Applicant & Owner] Subdivision Variance(Section 4.4(b)of the Subdivision Regulations) 3716 West Neck Road(GRIN 2402237660) COUNCIL DISTRICT-PRINCESS ANNE FWM Residential Rental Properties, LLC [Applicant & Owner] Subdivision Variance (Section 4.4(b) of the Subdivision Regulations)425 Old Great Neck Road & the adjacent parcel (GPINS 1497972288 & a portion of 1497974335) COUNCIL DISTRICT - BEACH Dam Neck Storage Partners, LLC [Applicant & Owner] Modification of Proffers Modification of Conditions (Bulk Storage Yard)Southeast Corner of Harpers Road & Dam Neck Road (GPINS 2405631630 (Part of), 2405332394) COUNCIL DISTRICT - PRINCESS ANNE 27 1 Street Garage, LLC [Applicant] 27'^ Street Hotel Associates, LLC [Owner] Alternative Compliance 2613, 2701, & 2705 Atlantic Avenue, 203 27r^ Street, & 2701 Pacific Avenue (GPINS 2428101726, 2428100877, 2428100965,2428007876)COUNCIL DISTRICT-BEACH All interested parties are invited to attend. Amanda Barnes,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: httniZ/www.vbgov.com/uL. For information call 385-4621. If you are physically disabled or visually impaired and need assistance at this meeting,please call the CITY CLERK'S OFFICE at 3854303;Hearing impaired call 711 (Virginia Relay -Telephone Device for the Deaf). BEACON:OCTOBER 28,2018& NOVEMBER 4,2018-1 TIME EACH. 0 j 041fir 41 CR T .jiri EL I 11111111 I Q 1 . VO NI' Ilk A 3 , :. , _. ,. ,,.., ru Ll,, f" ce, ii r enuOAV onauile� \ 1 \---1,--1 -Ls- � f J �� sar ill re \---t_� T — IL ,...ia i _.1-, U y PL _ - - - . Water Mill C_ f0 A (..,,,,, i•., CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: BISHARD HOMES, LLC [Applicant & Property Owner] Subdivision Variance (Section 4.4 (b) of the Subdivision Regulations) on the property located at 1416 Mill Dam Road (GPIN 2408394495), COUNCIL DISTRICT — LYNNHAVEN. MEETING DATE: November 13, 2018 • Background: The site exists as a legal non-conforming corner site that is deficient in the required 90 feet of lot width, as a portion of the site was part of a taking for the creation of Palmetto Avenue in 1983, resulting in a 75.29 foot wide lot. The applicant proposes to subdivide the site into two residential lots. Proposed Lot A, which contains an existing single-family dwelling, will continue to exist with 75.29 feet of width, remaining deficient of the minimum lot width requirement. As such, in order to subdivide the property a Subdivision Variance to lot width is required. Proposed Lot B will meet all dimensional requirements of the Zoning Ordinance. • Considerations: Both Lots A and B will be in excess of 11,000 square feet, exceeding the minimum lot area requirement of 10,000 square feet required by the Zoning Ordinance. Even though proposed Lot A will have nearly 150 feet of frontage along Palmetto Avenue, lot width is measured from the narrowest portion of the lot adjacent to the right-of-way, which in this case is Mill Dam Road. The proposed Subdivision Variance request will not change the width of the property long Mill Dam Road from what currently exists, nor will it increase the degree to which the existing parcel is currently nonconforming. Further details pertaining to the request, as well as Staff's evaluation, are provided in the attached Staff report. There was one speaker in opposition to the request, the owner of the adjacent parcels where single-family dwellings are currently under construction. The citizen noted concern that the creation of Lot B will negatively impact the marketability and value of the homes under construction. • Recommendations: Bishard Homes Page 2 of 2 1. When subdivided, the property shall be developed as shown on the submitted subdivision exhibit entitled "PRELIMINARY SITE PLAN OF .6 AC PARCEL AS SHOWN ON GEORGE A. PAYTON TO DENNIS GOFFIGAN, PROPERTY OF DENNIS GOFFIGAN," dated 07/12/2018, and prepared by Fox Land Surveying, a copy of which has been exhibited to the Virginia Beach City Council and a copy of which is on file with the Virginia Beach Department of Planning and Community Development. 2. Prior to construction, a one-foot no ingress/egress easement shall be recorded along Lot A's frontage on Mill Dam Road. 3. When the property is developed, the residential dwellings constructed shall have architectural features, and appearance of like quality and character to the home depicted on the submitted elevation, entitled "SF57 BETHANY PALMETTO AVENUE LOT B", prepared by Bardoun Design P.C. and dated September 17, 2018, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development. 4. When the property is developed, each lot shall be served by an exclusive water tap and meter and an exclusive sanitary sewer lateral and cleanout. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. (I Submitting Department/Agenc '' -nning Department i�/� y City Manager: i/ow..„ Illi. __ Applicant & Property Owner Bishard Homes, LLC Agenda Item Public Hearing October 10, 2018 City Council Election District Lynnhaven Virginia Beach Request Subdivision Variance (Section 4.4(b)of the ,f o Subdivision Regulations) ' Q,� ,�'� w \ i r-uf9 .e`"' Staff Recommendation "�� ; Approval k 1 tt Xc i 6.Staff Planner s t° %a, t al.,,,Or•v,. 4 c Jimmy McNamara .�, 4 ' woo...se R.. w Location V..'.c 1416 Mill Dam Road f GPI N r , Y" -- Mn,w,„,.„, 7 2408394495 4 ri \____ � ,odBo„L 1 Site Size F 22,100 square feet AICUZ Less than 65 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District L. M , i R;' Single-family dwelling/R-10 Residential ! ' '14, _ a, Surrounding Land Uses and Zoning Districts It:: ;^ ''. rr' :1: , North ., ,4k, Vacant parcel/R-10 Residential - II ''� r South ( a` a ` of f. // I • 1. y.; Mill Dam Road ``' t ,. . f : Single-family dwellings/R-10 Residential a. :- jr„Y ,r •«. � 11 . East `� .f •I . z.Vacant parcels/R-10 Residential ' :t ri f4';444 West Y. r. Palmetto Avenue _� ,N1111a•<+ Single-family dwellings/R-10 Residential : �i1 rtD�3 !� t* ; b A. t.. 1, Bishard Homes, LLC Agenda Item 1 Page 1 Background and Summary of Proposal • The subject site was created by plat in 1961(Map Book 51, Page 47). At that time,as it does today,the Subdivision Regulations required an additional 10 feet of lot width above what the zoning regulations required for corner lots. A 12-foot private right-of-way known as White Oak Lane was located along the property's western boundary; however,this was not a public right-of-way and therefore the lot was not considered a corner lot. • In 1983,a deed (Deed Book 2363, Page 537)was recorded between the owners and the City of Virginia Beach which took a portion of the western side of the subject property,which was added to other property takings in the area to create the Palmetto Avenue right-of-way. At that time,the property became legally non-conforming in relation to lot width as it lacked the additional 10 feet required for a corner lot. A single-family dwelling was constructed on the site in 2008. 4LA Site Bishard Homes, LLC Agenda Item 1 Page 2 • The applicant now proposes to subdivide the site into two lots. Proposed Lot A will be a corner lot with frontage along both Palmetto Avenue and Mill Dam Road and will contain the existing single-family dwelling. Proposed Lot B will be located to the north and will have frontage on Palmetto Avenue. A single-family dwelling is proposed to be constructed on the site. A Lot B if CD Lot A • Lot A is proposed with 11,000 square feet of area and a lot width of 75.29 feet as opposed to the 90 feet that is required for a corner lot zoned R-10 Residential. As such,this lot requires a variance to the minimum lot width requirement. Lot B is proposed with 11,063 square feet and a lot width of 140 feet and as such meets all the dimensional requirements for the Zoning Ordinance. Required Proposed Lot A Proposed Lot B 80 non-corner lots Lot Width in Feet 90 corner lots 75.29* 140 Lot Area in Square Feet 10,000 11,000 11,063 *Subdivision Variance is required for lot width. • The single-family dwelling to be constructed on Lot A will feature a front porch,dormer roof,two-car garage, gable-end projection and decorative standing seam metal roof and awning for both the garage and porch. The primary exterior building material is proposed to be vinyl siding. • A portion of Lot A and a portion of Lot B is located within the Chesapeake Bay Resource Protection Area. As the proposed dwelling is depicted outside of the 50-foot landward and 50-foot seaward buffers, an administrative variance was approved by Staff. However, if at any point the proposed dwelling is determined to be within the 50-foot landward or 50-foot seaward buffer,a Chesapeake Bay Board Variance would be required. Bishard Homes, LLC Agenda Item 1 Page 3 R-20 - � 1 % _ R-td _ R-10 a 4 ZoningHistor____:. : I/ y � - # Request 1 SVR Approved 12/08/2015 R-1 , �� tlM ora Road ---WM---\ i R-10 - Application Types CUP—Conditional Use Permit MOD—Modification of Conditions or Proffers FVR—Floodplain Variance REZ—Rezoning NON—Nonconforming Use ALT—Alternative Compliance CRZ—Conditional Rezoning STC—Street Closure SVR—Subdivision Variance Evaluation and Recommendation Section 9.3 of the Subdivision Regulations states: No variance shall be authorized by the Council unless it finds that: A. Strict application of the ordinance would produce undue hardship. B. The authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected. C. The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. D. The hardship is created by the physical character of the property, including dimensions and topography, or by other extraordinary situation or condition of such property,or by the use or development of property immediately adjacent thereto. Personal or self-inflicted hardship shall not be considered as grounds for the issuance of a variance. E. The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized whenever such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance. The existing lot is legally non-conforming as a result of the taking of property for Palmetto Avenue. The proposed Subdivision Variance request will not change the width of Lot A from what currently exists. Even though proposed Lot A will have nearly 150 feet of frontage along Palmetto Avenue, lot width is measured from the narrowest portion of the lot adjacent to the right-of-way,which in this case is Mill Dam Road. As this request will not increase the degree to which the existing parcel is currently deficient to the requirements of the Zoning Ordinance,Staff finds that the request is acceptable and recommends approval subject to the conditions below. Bishard Homes, LLC Agenda Item 1 Page 4 Recommended Conditions 1. When subdivided,the property shall be developed as shown on the submitted subdivision exhibit entitled "PRELIMINARY SITE PLAN OF .6 AC PARCEL AS SHOWN ON GEORGE A. PAYTON TO DENNIS GOFFIGAN, PROPERTY OF DENNIS GOFFIGAN," dated 07/12/2018, and prepared by Fox Land Surveying, a copy of which has been exhibited to the Virginia Beach City Council and a copy of which is on file with the Virginia Beach Department of Planning and Community Development. 2. Prior to construction, a one-foot no ingress/egress easement shall be recorded along Lot A's frontage on Mill Dam Road. 3. When the property is developed,the residential dwellings constructed shall have architectural features, and appearance of like quality and character to the home depicted on the submitted elevation, entitled "SF57 BETHANY PALMETTO AVENUE LOT B", prepared by Bardoun Design P.C. and dated September 17, 2018,which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development. 4. When the property is developed, each lot shall be served by an exclusive water tap and meter and an exclusive sanitary sewer lateral and cleanout. 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 a careful mix of land uses and compatible infill development, site and building design that is visually interesting, encourages greater social interaction and provides a memorable character, improved mobility, and promote sustainability and responsive action to changes in our environment. (pp. 1-61-1-62) Natural and Cultural Resources Impacts The site is located in the Chesapeake Bay watershed. A majority of the site is located in the Resource Protection Area, the most stringently regulated portion of the Chesapeake Bay watershed. As the newly proposed single-family dwelling on Lot B is located in the variable width buffer and out of the 50-foot seaward and 50-foot landward buffers, an administrative variance was approved to develop the site as depicted in the site layout. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Mill Dam Road 8,831 ADT 1 6,200 ADT'(LOS'"C") 9,900 ADT'(LOS 4"D") Existing Land Use 2—10 ADT Proposed Land Use 3-20 ADT Palmetto Avenue No Data Available lAverage Daily Trips 2 as defined by one single- 3 as defined by two single-family a LOS=Level of Service family dwelling dwellings Bishard Homes, LLC Agenda Item 1 Page 5 Public Utility Impacts Water The site is currently connected to City water via a 5/8-inch water meter(City ID#95076185). Each lot must connect to City water with an exclusive water tap and meter. There is an existing 16-inch City water main along Mill Dam Road and a four-inch City water main along Palmetto Road. Sewer Each lot must connect to the City sanitary sewage system with an exclusive sanitary sewer lateral and cleanout. There is an existing eight-inch City sanitary sewer gravity main along Mill Dam and an existing eight-inch City sanitary sewer gravity main along Palmetto Road. Bishard Homes, LLC Agenda Item 1 Page 6 Subdivision Exhibit • • ` E... 1 -EtEET , E ;c e4.3,1 s.. SD �► Pro osed A �d� 4: • ��`: Lot B `�♦ ~�6G 1 I �� 1 a \• - so \♦ �• g° °�/0 \\•„ tt T - r64�� • LOT B ..FT � x- �. • . REMO YF , Fu'E I. • ]E • ` /z 0 s .! MERCER COVE i Proposed Lot A Mill Dam Road - Bishard Homes, LLC Agenda Item 1 Page 7 Proposed Elevations 1 o7j� C In I,_- -��- -ei -1 [ _ , i i j / - ' o - rCie a MC ru1."SU ,M; r 05,. :7t i ,.Q6Q � \ d CegeU . 1' 1pWz - Bishard Homes, LLC Agenda Item 1 Page 8 Proposed Elevations a�€- r / - / _ [ 11 IICC : III � II _ - ,_ — . • ___ _ h N. _ _- ._ -- ON - - �. . _. - IF TVI.-.- — - EA.CK ELEv,=,11 FFF TE-II F , II 1- 11 R -. III • R — — 7 Ilii ui, `, iii iii r� 1 •■�■ -__..ate- 1_f - r --,.'L REIIT akvAiION ar ins-41r 4i 1.1. it LEFT ELE -TI a. *1114--n . T.i1 n Bishard Homes, LLC Agenda Item 1 Page 9 Site Photos • j u F. mss. .' M' Seib two _�wyl f ''' -- •�4'.0 Yom. _ • +� } . ti b > {y # T FA�� S, a r .«k i .a.+"r..4. �':4 ' :7.3 ` n p '`',i.da ,AY yi. 'i..., 1 ,.'-kr ti .. .. Bishard Homes, LLC Agenda Item 1 Page 10 Disclosure Statement • 'NB Virginia Beach APPLICANT'S NAME Bishard Homes, LLC DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board • The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE Page 1 of 7 • APPLICANT NOTIFIED OF HEARING, NO CMANces AS OF }(Of TC! JimmyMcNamara REVISIONS SUBMIT TED DA; Bishard Homes, LLC Agenda Item 1 Page 11 Disclosure Statement • Virginia Beach Check here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. CCheck here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Bishard Homes, LLC if an LLC, list all member's names: Steven W. Bishard, Manager; John Bishard, Member If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes' and 2 e • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if prpperty owner is different from Applicant. n Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. n Check here if the PROPERTY OWNER IS a corporation, partnership,firm, business, or other unincorporated organization, AND THEN,complete the following. (A) List the Property Owner's name: If an LLC, list the member's names: Page 2 of 7 Bishard Homes, LLC Agenda Item 1 Page 12 Disclosure Statement 'NB Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) "Parent-subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation" See State and local Government Conflict of Interests Act,Va Code §2 2.3101 2 "Affiliated business entity relationship" means 'a relationship, other than parent subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity. (ii) a controlling owner in one entity is also a controlling owner in the other entity. or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities: there are common or commingled funds or assets: the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis: or there is otherwise a close working relationship between the entities" See State and Local Government Conflict of Interests Act. Va Codes 2.2-3101 I 1 SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Bishard Homes, LLC Agenda Item 1 Page 13 Disclosure Statement APPLICANT Virginia Beach YES NO ( SERVICE 1 I PROVIDER (use needed)additional sheets if ® 1 { { I I 1 I Accounting and/or preparer of your tax return LA A 0 Architect/ Landscape Architect/ Land Planner Bardoun Design P.C. r t ❑ ® Contract Purchaser(if other than the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed ❑ ® purchaser of the subject property (identify purchaser(s)and purchaser's service providers) I I E Construction Contractors Engineers/Surveyors/Agents — Fox Land Surveying Financing (include current TowneBank Z ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Legal Services Sykes.Bourdon,Ahem&Levy.P.C.• Real Estate Brokers / 0 0 Agents/Realtors for current and anticipated future sales of the subject property 'Harry R Purkey,Jr.,Esquire SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have z 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 Bishard Homes, LLC Agenda Item 1 Page 14 Disclosure Statement • 1VB Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. 11 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. Bc_11.4 John K Bishard, Member 7.30.2018 APPLICANT'S SICNA URE PRINT NAME OA E Page 5 of 7 Bishard Homes, LLC Agenda Item 1 Page 15 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that 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. Bishard Homes, LLC Agenda Item 1 Page 16 Item #1 Bishard Homes, LLC Subdivision Variance (Section 4.4(b) of the Subdivision Regulations) 1416 Mill Dam Road District—Lynnhaven October 10th, 2018 APPROVED Ms. Cartwright: Alright, first we are going to hear agenda item number one, Bishard Homes, LLC, an application for a Subdivision Variance section 4.4 (b) of the subdivision regulations on property located at 1416 Mill Dam Road in the Lynnhaven District. Welcome. Mr. Bourdon: Thank you, madam Chairwoman Oliver, members of commission for the record Eddie Bourdon, Virginia Beach Attorney representing the application, I will try to be brief since this was a certainly adjust into the consent agenda. The first thing I want to point out and Mr. McNamara did a good job during informal and reiterate the existing piece of property was legally created in 1960 by a plat and at the time that it was created, it was not a corner lot. Palmetto did not exist next to it, there was a 12-foot right-of-way private road and under the Zoning Ordinance back in 1960, we had to have a 20-foot wide right-of-way in order for there to be a corner lot. The lot met the dimensional requirements at the time because it was not a corner lot. Subsequently Palmetto was created by taking on different properties for a public right-of- way, and thus the properties are legally non-conforming lot and what my client is seeking to do now is simply to subdivide it in accordance with the current Zoning Ordinance to create Lot B which meets each and every requirement of our Subdivision and Zoning Ordinances and is proposing to build a house on it that likewise, meets every setback and does not encroach into the Chesapeake Bay Preservation Area. The Zoning Administrator has deemed that we need to come for a variance, I certainly could have argued, we don't need a variance because this is legally non-conforming but rather than get into long argument about it, and let everybody see what the new house is going to look like on the totally conforming lot, we are here for a variance for the lot that will maintain the existing residence on it and the lot with the variances has the exact same variation from the requirements that has existed since 1983 or thereabout when Palmetto was platted and acquired. So the four conditions that are recommended are acceptable to my client. I am aware of the fact there is opposition here and the opposition owns a lot that was created. I represented the people when we created it, went to the Chesapeake Bay Board and created it in a flag lot that comes off of Palmetto and wraps around behind this property and the folks who own this property at that time were part of that whole process and they did not oppose to creation of a flag lot with the house to be built back here behind their property and they were aware at that time because I met with them with all the neighbors at that time. They were well aware of the fact this piece of property could be divided off They did not oppose the 1 creation of a true flag lot that flag lot has a house being built on it that means what is a side yard setback of 10-feet, this property will have a 20-foot rear yard setback which we will meet and we're not asking for any variances whatsoever, so I just want to understands what the facts are. I will be happy to answer any questions that anybody may have. Ms. Oliver: Anybody have any questions for Mr. Bourdon, no thank you. We will call the first speaker up. Ms. Cartwright: Alright, first speaker is Steven Valdivieso. If you could please state your name for the record sir? Mr. Valdivieso: Good afternoon members of the commission, I am Steven Valdivieso, I am the Vice President of Premier Construction Management Services. We own the property to the east and we are in opposition. Like Eddie said in May of 2016, those four lots that we currently own were created. It went through CBPA and what not and in January of this year, when the current owner of the property has requested the variance, purchased that property, we were not the owner back in 2016 and obviously they have intentions of subdividing that creating another lot. In April of this year, we purchased the property and trust me, with the money we paid for the property and with the homes that are going to be built on these four lots based in the water to water front,beautiful views up on a block. We did our due diligence and in doing that, we knew that the property extended down long, if you guys are went to the site, there is a ravine, has woods in it. Looking at the survey, it's from an elevation of 15 where the current houses down to a seven, it is an eight foot drop. We currently have our plans in our third submittal for DSC and they are requiring that we put in two storm drain pipes, we have got to build up that driveway that Eddie mentioned to get to the lot like 5 feet to get through there and really if you look at the lot, it's not that flag lot, it's got plenty of frontage in the cul-de-sac there, but in order to get to it with a CBPA, we are confined to a small driveway across this deep ravine to get to lot number one. So knowing that and doing our due diligence we have a very limited footprint but the houses on lot 1 in particular and like Eddie said, there is a 10-foot setback on our lot, but we have the house fronting, this lot is the front of the house facing it. Why do we do that? One we knew the lot couldn't be built on without due diligence. Two is to have that back of the house face the beautiful waterfront up on a bluff for 15-20 foot above the water and the value that we have the money, we have invested in this deed. So yeah, it's truly a detriment to see a house being built in there and it is going to be difficult to build because of the topography. In 2008, yes it was a grandfathered non-conforming lot because the City taking the road, but in 2008 was when that house was built, they didn't build the house back where the ravine was and where the woods were. They built it upfront where it's nice and high and we knew that only one house could be built back then and the owners back then of course were not going to have a problem with what we do on the four lots, so we recommend denial. Thank you. Ms. Oliver: Thank you, do we have any questions? No, thank you very much. 2 Ms. Cartwright: Alright and next we have Anna Staylor in opposition to speak as well. Welcome if you state your name please. Ms. Staylor: Anna Staylor, I am with Rose & Womble Realty and I am here just as an advocate to state the obvious that this will negatively impact the values that we were set to put on these properties that we are going to be anywhere between the $589,900 value all the way up to $700,000. The only reason why I am here is to state the obvious that this will actually impact our ability to market these homes and to offer a higher price point which is the price and which is the land was paid for. Ms. Oliver: Great any questions, no, okay, thank you. Ms. Cartwright: Thank you. That's all we have. Mr. Bourdon will come for your rebuttal. Mr. Bourdon: I couldn't hear what the Stellar had to say but that's alright. There was a house on the front of the property not the current house and pretty much exactly the same spot when I represented the property owners to get the CBPA approvals for the lots that were created and the Subdivision Variance for the lot that Steven is speaking about. The house that would be built on Lot B, which conforms in every way is the area where the ravine is located is back in this back corner. Not where the house is going at all, we are not filling the lot. We are not doing anything that affects his property and again that has zero to do with what this Commission is here to review. So it's a very attractive house, you have elevations, again you get the condition on the house, even though it isn't even a lot that we are asking for a variance on and the lot we are asking for a variance on is a variance to the condition that is existed since Palmetto was platted as a right-of-way. Again, all the four conditions are acceptable to my client, the community, the folks who live there for decades do not oppose this and again when I represented the developers who put the property together that they have subsequently bought, some of all the folks on the street were communicated with, met with and they did not object to that and they certainly don't object to this because the people who own this property had owned it for a quite some time and they were aware that owners were aware that they have the right to do this. I am happy to answer any questions. Ms. Oliver: Any questions? Mr. Inman: Yeah. Ms. Oliver: Mr. Inman. Mr. Inman: If you didn't have this variance granted then obviously a home could be built on that lot as it is. Mr. Bourdon: They could build a. Mr. Inman: They could build that house in the same place. Mr. Bourdon: In exact same place, that's correct and exactly. 3 Mr. Inman: Okay. Ms. Oliver: Any more questions, thank you. Alright, we will close the hearing, anymore speakers, I guess we are all done. Close the hearing now and we will open it up to the discussion amongst the commissioners. No, alright well is there a motion on the floor, yes. Mr. Redmond: Ms. Chairman, I move approval of the application. Ms. Oliver: Right, thank you, do we have a second. Unknown Speaker: I will second. Ms. Oliver: Okay, thank you. Ms. Cartwright: By the recorded vote of 9-0, item number one has been approved. AYE 9 NAY 0 ABS 0 ABSENT 2 HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI ABSENT THORNTON ABSENT WALL AYE WEINER AYE CONDITIONS 1. When subdivided, the property shall be developed as shown on the submitted subdivision exhibit entitled "PRELIMINARY SITE PLAN OF .6 AC PARCEL AS SHOWN ON GEORGE A. PAYTON TO DENNIS GOFFIGAN, PROPERTY OF DENNIS GOFFIGAN," dated 07/12/2018, and prepared by Fox Land Surveying, a copy of which has been exhibited to the Virginia Beach City Council and a copy of which is on file with the Virginia Beach Department of Planning and Community Development. 4 2. Prior to construction, a one-foot no ingress/egress easement shall be recorded along Lot A's frontage on Mill Dam Road. 3. When the property is developed, the residential dwellings constructed shall have architectural features, and appearance of like quality and character to the home depicted on the submitted elevation, entitled "SF57 BETHANY PALMETTO AVENUE LOT B", prepared by Bourdon Design P.C. and dated September 17, 2018, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development. 4. When the property is developed, each lot shall be served by an exclusive water tap and meter and an exclusive sanitary sewer lateral and cleanout. 5 | c'''ir---.)- --,,, 40 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: FWM Residential Rental Properties, LLC [Applicant & Property Owner] Subdivision Variance (Section 4.4(b) of the Subdivision Regulations) for the property located at 425 Old Great Neck Road and the adjacent parcel to the southwest (GPINs 1497972288 and a portion of 1497974335), COUNCIL DISTRICT — BEACH. MEETING DATE: November 13, 2018 ■ Background: The subject 1.26-acre site consists of two parcels (the "Knoppenberger Parcel" and Lot C1) that were created by plat in 1963. The Knoppenberger Parcel is developed with a single-family dwelling, while Lot Cl remains undeveloped. As Lot Cl lacked street frontage, a note was recorded on the plat that required it to be sold to an adjoining property owner and not as an individual building site. Subsequently, Lot Cl was indeed sold to the owner of the Knoppenberger Parcel, but the two lots were never combined. The applicant intends to subdivide the parcels into a total of four lots and develop each with a single-family dwelling. Lots 1, 2 and 3 will meet all dimensional requirements of the Zoning Ordinance and can be created as a matter of right. However, Lot 4 is proposed with only 40.69 feet of lot width rather than the minimum 80 feet for a parcel zoned R-10 Residential. As such, a Subdivision Variance is requested. At this point, the applicant is undecided as to whether the new dwellings will be sold or will become part of their rental program. • Considerations: This Subdivision Variance request applies only to Lot 4, which will be 40 feet deficient of the required 80 feet of lot width. It should be noted though that Lot 4 will have nearly double the minimum lot area requirement of 10,000 square feet, with 19,000 square feet. In addition, there are other instances in the vicinity where Subdivision Variances to lot width have been granted by the City Council. Should the City Council approve this request, the property that is currently restricted (Lot Cl labeled as "Not a Building Site") will be combined with the adjacent land and the limitation on the property will be removed with the recordation of the final plat. Further details pertaining to the request, as well as Staff's evaluation, are provided in the attached Staff report. FWM Residential Rental Properties, LLC Page 2 of 2 There were three speakers in opposition at the Planning Commission public hearing. The first speaker raised concerns about construction traffic and vehicular safety at the nearby intersection of Old Great Neck Road and Butternut Drive. The second speaker spoke of concerns about whether neighbors understood the scope of the application and questioned if the homes would be for sale or rent. The third speaker raised concerns about traffic safety and worsening flood problems. • Recommendations: City Staff recommends approval of this request. The Planning Commission passed a motion to recommend approval of this request by a vote of 9-0. 1 . When subdivided, the property shall be developed as shown on the submitted subdivision exhibit entitled "SUBDIVISION OF LOT Cl (M.B. 59, PG. 16) AND PARCEL DESIGNATED AS "C.D. KNOPPENBERGER" (M.B. 59, P 16) VIRGINIA BEACH, VIRGINIA," dated April 17, 2018, and prepared by MSA, P.C., a copy of which has been exhibited to the Virginia Beach City Council and a copy of which is on file with the Virginia Beach Department of Planning and Community Development. 2. When the property is developed, the residential dwellings constructed shall have architectural features, and appearance of like quality and character of the home depicted on page 7 of this Staff report entitled "Proposed Elevations", which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development. 3. When the property is developed, each lot shall be served by an exclusive water tap and meter and an exclusive sanitary sewer lateral and cleanout. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/• •ency: Planning Department`b. City Manager:/161L. { Applicant& Property Owner FWM Residential Rental Properties, LLC Agenda Item Public Hearing October 10, 2018 Cilyt,/ City Council Election District Beach 5 Virginia Beach Request Subdivision Variance (Section 4.4(b)of the i N. Wirt,r„il Subdivision Regulations) %., , .... 4` A o� 41/4, , ....,„ i Staff Recommendation se Approval a '46, Ru4wood Lane B Staff Planner .73 d8 ONL " � `ti I APZ2 Jimmy McNamara a f z = gf Poe _ -wore Avenue Location '' 264 A portion of 425 Old Great Neck Road&the i adjacent parcel to the southwest GPINs $ _� ` 1497972288&a portion of 1497974335APZ1 ate` �. Site Size 19,035 square feet AICUZ Greater than 75 dB DNL Watershed Chesapeake Bay Existing Land Use and Zoning District ' tY ' Single-family dwelling/R-10 Residential 1 ,r / - Surrounding Land Uses and Zoning Districts t"'� .` s North . sr`r *A'. Butternut Drive ' .�; . , ` . ` ' I , Single-family dwellings/R-10 Residential .. , South , .,, � ,�'re � Single-family dwelling/R-10 Residential * r;,A _ x - •4., ` x -( East V'' 4.t t`:`` it :� ,IOld Great Neck Road ��` A. �v a - � 4� . ' j �3.`. .� Multi-family dwellings/A-18 Apartment 4- i {' 1_�' ' West ., i' Townhome dwellings,single-family dwelling/ " ,- t '` '� , -` % Ar` A-12 Apartment, R-10 Residential ft. : - z •' )' .:, �&3 FWM Residential Rental Properties, LLC Agenda Item 5 Page 1 Background and Summary of Proposal • The subject site consists of two parcels(the"Knoppenberger Parcel" and Lot C1)that contain a combined 1.26 acres and were created by plat in 1963 (Map Book 59, Page 16). The Knoppenberger Parcel is developed with a single-family dwelling while Lot Cl remains undeveloped. N., F aV •noPPcnber9er Parcel- ax., • As Lot Cl lacked street frontage, a note was recorded on the plat that required Lot Cl to be sold to an adjoining property owner and not to be sold as an individual building site. • The applicant intends to subdivide the parcels into a total of four lots and develop each with a single-family dwelling. Lots 1, 2&3 meet all the dimensional requirements of the Zoning Ordinance and can be subdivided by-right. However, proposed Lot 4 has a lot width of 40.69 feet which is deficient of the required minimum lot width of 80 feet for a parcel zoned R-10 Residential, and as such,a Subdivision Variance to lot width is requested. Once a new plat is recorded,the previous note stating that Lot Cl is not to be an individual building site would become null and void. s FWM Residential Rental Properties, LLC Agenda Item 5 Page 2 Required Proposed Proposed Proposed Proposed Lot 1 Lot 2 Lot 3 Lot 4 80 for non-corner Lot Width in Feet lots 90 80 80 40.69* 90 for corner lots Lot Area in Square Feet 10,000 13,321 11,845 10,816 19,035 *Subdivision Variance requested to lot width requirement of 80 feet. • The single-family dwelling to be constructed on Lot 4 is proposed to have architectural features that include a front porch,side loading garage and multiple varying roof lines. The primary exterior building material is proposed to be vinyl siding. Ala 2 Z2 B-y A4 y `` A.1 IR ID. 'A-12' fit 14 4° - b��T5 de r 1 Zoning History A"12 ./ ' / c # Request .t 1 SVR Approved 05/13/2014 /` !/ '/ 2 SVR Approved 11/26/2013 A-1& .__ i i suMowv CWrt / ! / i 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 Section 9.3 of the Subdivision Regulations states: No variance shall be authorized by the Council unless it finds that: A. Strict application of the ordinance would produce undue hardship. B. The authorization of the variance will not be of substantial detriment to adjacent property,and the character of the neighborhood will not be adversely affected. C. The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. D. The hardship is created by the physical character of the property, including dimensions and topography, or by other extraordinary situation or condition of such property,or by the use or development of property immediately adjacent thereto. Personal or self-inflicted hardship shall not be considered as grounds for the issuance of a variance. E. The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized whenever such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance. FWM Residential Rental Properties, LLC Agenda Item 5 Page 3 As stated previously,the applicant intends to subdivide this 1.26 acre site into four lots in order to develop each with a single-family dwelling. This Subdivision Variance request applies only to Lot 4,which will be 40 feet deficient of the required 80 feet of lot width. It should be noted that although Lot 4 is deficient in width, it has nearly double the minimum lot area requirement of 10,000 square feet,with 19,000 square feet as opposed to the required 10,000 square feet. In addition,there have been other instances in the vicinity where Subdivision Variances to lot width have been granted by the City Council.As indicated by the Zoning History map in this report,this part of Virginia Beach has developed with a mix of zoning districts, lot sizes and lot widths. In this case,the Knoppenberger family wanted to sell portions of their land while maintaining residency, resulting in an irregular pattern of lots.This led to the inability to fully maximum the development potential of a property. Staff finds that the proposed subdivision is in keeping with the existing character of the neighborhood and recommends approval of the request subject to the conditions below. Recommended Conditions 1. When subdivided,the property shall be developed as shown on the submitted subdivision exhibit entitled "SUBDIVISION OF LOT Cl (M.B. 59, PG. 16)AND PARCEL DESIGNATED AS"C.D. KNOPPENBERGER" (M.B. 59, P 16) VIRGINIA BEACH,VIRGINIA," dated April 17,2018,and prepared by MSA, P.C., a copy of which has been exhibited to the Virginia Beach City Council and a copy of which is on file with the Virginia Beach Department of Planning and Community Development. 2. When the property is developed,the residential dwellings constructed shall have architectural features, and appearance of like quality and character of the home depicted on page 7 of this Staff report entitled "Proposed Elevations",which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning and Community Development. 3. When the property is developed,each lot shall be served by an exclusive water tap and meter and an exclusive sanitary sewer lateral and cleanout. 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. 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 a careful mix of land uses and compatible infill development,site and building design that is visually interesting,encourages greater social interaction and provides a memorable character, improved mobility, and promote sustainability and responsive action to changes in our environment. (pp. 1-61-1-62) FWM Residential Rental Properties, LLC Agenda Item 5 Page 4 Natural and Cultural Resources Impacts The site is located in the Chesapeake Bay watershed. There do not appear to be any significant natural or cultural resources associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic Old Great Neck Road 1,860 ADT 1 6,200ADT 1(LOS°"C") 9,000 ADT 1(LOS°"D") Existing Land Use 2—10 ADT Butternut Drive No Data Available 6,200 ADT 1(LOS°"C") Proposed Land Use 3-40 ADT 9,000 ADT 1(LOS 4"E") 1 Average Daily Trips 2 as defined by a single- 3 as defined by four single-family a LOS=Level of Service family dwelling dwellings Public Utility Impacts Water Each lot must connect to City water with an exclusive water tap and meter. There is an existing six-inch City water main along Butternut Drive and an eight-inch City water main along Old Great Neck Road. The existing water service line on Old Great Neck Road may be reused to service proposed Lot 1 if adequate. If the water line will not be reused, it must be abandoned. Sewer Each lot must connect to the City sanitary sewage system with an exclusive sanitary sewer lateral and cleanout. There is an existing 10-inch City sanitary sewer gravity main along Butternut Drive and an existing 10-inch City sanitary sewer gravity main along Old Great Neck Road. The existing sanitary sewer lateral on Old Great Neck Road may be reused to service proposed Lot 1 if serviceable. If the sewer lateral will not be reused, it must be abandoned. FWM Residential Rental Properties, LLC Agenda Item 5 Page 5 Proposed Subdivision Exhibit / I I I i ' r r I .Sl1S1'N31Qv IF I aFzxw>La Mar'I 1 II li 1 1 e , ,I I Srcnav at;Darr s r I 1 I f N/F ! 0 I C h 1 k, , ' h" I R�1 , I h ti h / AANT. 1MWE ph ph ph o� N 1 ,,,l'i . { �. 1 Oh (NST AV/0750�,12670J i I "�' - j r0 , 3 1 f 1 °� / (449&'n ,) s'LaPA/NAGE et w v 01 ^�o� 1 R / /,97-97-1277-0000 UIY/TY EASEMENT I " 1 'r . g i ) •I 1 a ( , r N36'07'48"E i KARGLlE IMOD/DRALNAGE f l 0 27175' (F)0/A UT./T✓EA.SNT Q",l I I 4 ____i__._ 271' (P)�1 (M6/RS, PC 4) 1 4,_ J -_7— p,r;(f) 121.75'(F)121'(P) 150.00'(P&F) +, OJ --T DENOTES ORIGINAL LOT LINE LOT 4 HEREBY VACATED PURSUANT TO lD SPIN: X;00-/0-70001-WOO VIRGINIA STATE CODE 15.2- 2275 AREA=19,035 SF 01 0.437 AC 115.00' Lot 4 �'s36ta'aa'W �';: '.9- 2. c iaHJ t7i �` hr / 1 F, `�Na� WT 3 '�' ; c'` 0 k 7000-70(-70001-0000 ii AREA=10,616 SF P/PE'p:II:- -— BEAT OR ez.?A / sit c (E) al Lot 3 �a�t i J 53613'44(F) r � (, c 121.20' O 1 -- lll! y 121.4'(P) ci N36'10001 t 150.10' o k.k LOT t 1 t I _t l000c-n1c-10001-0660 4 MEA-1,645 S' FORMERLY OR 0.772 AC N44 27'41'W S PARCEL DESIGNATED AS g 411 1 190.43'(F)0/A CD. KNOPPE'NOERGER" Lot2 190.4'(P) ' (M8 59. PG 16) S44'25'467 GPIN! 1497-97--4335-00C... 290.70'(F)0/A Ayr 'AR,4 = 43,026 SF T. 0.988 , 270.4'(P) .SEAN#L ET#PENZELLER -- (91992, PC 1181) N3610.001 LOT A (.le 59, PG/6) 150.05 4 14(97-97-JT90- f7 l -----`� LOT 1 0 01k 7000(-XX-7000(-0000 r AREA a 13,321 SF OR 0.306"C Lot . /____ g g 2T.....(___ _____ 30' Sn w ul 121.66' 06I 1 61 N3610'001 53610'00'W 150.00' CV) mar AfQr ROAD(40'RAO (f-API/ERL Y GREAT Ara ROAD) (#e59, PC/61(#e289 P6'1V1 FWM Residential Rental Properties, LLC Agenda Item 5 Page 6 Proposed Elevations - ) --t_...--„. ? -111 . - -s's,,' Ili - — — L, (\y_1-, ... 1111 s-, 1111 — —.. '1 . ---Y.' 111W111-,: 111.1--------- I"- 11111 .1111111 i., c.., f ''''-'2 ref)A„/4f*Z -- PINOliiigiMEILMMIL. 11111V,... .= -, Ev-1..,,, , i-if 1 o ( icNI = -,==-' --_ ,,41,1-11 ,<'... f•-. Lvij1 CI._ tyv j_ci- -.1"fc'y MEM IBM C - NNE1NEN _-10 :' '----W EL ELE -11 - i t . . . . . . . . . . E-I F- T T- ELI - L .. .1 L E . Li= _ - TE E E I- I F- I L 1 I I ____ - ., L- t — I IT HE [ . === J 4,1 4 n — 1 L , F1711 4 . , .. _Ir-D = ---n-i i - I TH i 1 -; _....q -,. .... L'' .1 1 . E • L 1 I I I . • -TH i . - E --a F t E II F tE EL - - E T1 -L - LTE L 1 1 ITI r . I,. .. _,jr=, -' Fl T FL L- - EL E FL L- - EL I F HE-It FWM Residential Rental Properties, LLC Agenda Item 5 Page 7 Site Photos a Y 4f :;T' -,-.tri .,*,,i `t A ,{ 4 s?rs'. .sr— ,,- '7-.t,- .QA SO tw s a i t °. 7^+1,-y _ s t 5 °. max t ' 1,#fid+' + - ,r::,,-...' m 4 .x" 1-, 4o w gid: :..•;A ;k FWM Residential Rental Properties, LLC Agenda Item 5 Page 8 Disclosure Statement 1/B Virginia Reach APPLICANT'S NAME FWM Residential Rental Properties, LLC DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property [Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special ; Investment Program Exce tion for (EDIP) Changes Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement 1 Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. 0 0 SECTION 1 / APPLICANT DISCLOSURE clt c.1, ..i i : --- 1 Page 1 of 0 AN,LII ANT NOM II U OF 1ICARINC 0 NO(HAW.'c AS Cri (O/ C� I,fr.) Jimmy McNamara FWM Residential Rental Properties, LLC Agenda Item 5 Page 9 Disclosure Statement :NB Virginia Beach CCheck here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. IX Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:FWM Residential Rental Properties, LLC If an LLC, list all member's names: Cheryl McLeskey William Wilcox If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See attached See next page for information pertaining to footnotest and 2 • a 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. I 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 FWM Residential Rental Properties, LLC Agenda Item 5 Page 10 Disclosure Statement 1)13 Virginia Beach If a Corporation, list the names ofall officers, directors, members,trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship' means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation' See State and Local Government Conflict of Interests Act,Va Code 4 2 2 3101. 2 'Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when(i)one business entity has a controlling ownership interest in the other business entity,(ii)a controlling owner in one entity is also a controlling owner in the other entity,or (iii) there is shared management or control between the business entities factors that should he considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 FWM Residential Rental Properties, LLC Agenda Item 5 Page 11 Disclosure Statement APPLICANT Virginia Beach YES 1 ( NO ( SERVICE I PROVIDER(use additional sheets if i needed) t/`I 1-11Accountingand/or preparer of Dixon Hughes Goodman l�`I your tax return N Ili Architect/Landscape Architect/ Progressive Designs Land Planner Contract Purchaser(if other than ® the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed ❑ n purchaser of the subject property '„' (identify purchaser(s)and ` purchaser's service providers) 'v IX E 1 Construction Contractors Asfari Homes ® Engineers/Surveyors/Agents MSA.PC — Financing(include current I I 1 ❑X mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) L u Legal Services Wilks,Alper,Harwood&McIntyre,PC Real Estate Brokers / n n Agents/Realtors for current and anticipated future sales of the subject property - _ SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have-1 ❑ ® 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 FWM Residential Rental Properties, LLC Agenda Item 5 Page 12 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is I 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. William Wilcox 9/14/18 APPLICANT S SIC PRINT NAME DATE Page 5 of 7 FWM Residential Rental Properties, LLC Agenda Item 5 Page 13 Disclosure Statement McLeskey b Associates.LLC Entitles(Companies) co* _ name 01 Cheryl P McLeskey-personnel 02 WASHINGTON SQUARE TOWNHOUSES LLC 03 Bel-Aire LLC 04 Virginia Beach Fishing Center LLC 05 FWM RESIDENTIAL RENTAL PROPERTIES,LLC 06 2859 VBB,LLC 07 09 Elizabeth City Development Company LLC 11 Elizabeth City Airport Industrial Park Inc 12 LGSM Properties LLC 13 14 16 Mortons Baye LLC 17 J&W Investors,LLC 18 RADCLIFFE TOWNHOUSES,LLC 19 Cepco LLC 20 COLONY PINES APARTMENTS.LLC 21 Coastal Investors LLC 23 26 27 Norfolk-Virginia Beach Airport LLC 29 2848 VBB,LLC 30 Lynnhaven Shopping Center,LLC(dba MarketSquare)-Div.20 31 Sate[ite A-Division 21 of Co 30(all included in Co 30) 32 Satellite B-Division 22 of Co 30 33 Riverwalk I LC 35 NEWTOWN CONVENIENCE CENTER.LLC 38 38 Front Street Investors LLC 40 MGM Associates 41 Furberfax LLC 42 Terri-Fit Company 43 46 Lotsalisa LLC 49 52 53 AIR TACO,LLC 54 103 Ll C 83 CPM Properties LLC 84 VBFC PROPERTIES.LLC 85 BAYLINER BUILDING,LLC 87 LITTLE NECK COMMERCIAL PROPERTY,LLC 88 90 McIeskey&Associates.LLC 91 SHORE DRIVE AREA PROPERTIES LIC 92 LYNNHAVEN AREA PROPERTIES.LLC 93 LITTLE CREEK ROAD PROPERTIES,LLC 94 RUDEE HEIGHTS PROPERTIES,LLC 73 F.Wayne McLeskey,Jr.,QTIP Marital Trust 74 FWM Memorial Marlin Open Inc. 75 The McLeskey Family Foundation,Inc. • Regency Hilltop Associates.LLP 55 Croupier LLC C tuserskcnevtrocumentsiCmny excenCompany bshng\using c 2016 xlsxCompanies FWM Residential Rental Properties, LLC Agenda Item 5 Page 14 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that 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. FWM Residential Rental Properties, LLC Agenda Item 5 Page 15 Item #5 FWM Residential Rental Properties, LLC Subdivision Variance (Section 4.4(b) of the Subdivision Regulations) 425 Old Great Neck Road & the adjacent parcel District—Beach October 10th, 2018 APPROVED Ms. Cartwright: Alright, next is Agenda Item number five FWM Residential Rental Properties LLC, an application for a Subdivision Variance Section 4.4 (b) of the Subdivision Regulations on property located at 425 Old Great Neck road & the adjacent parcel in the Beach District. Mr. Miller: Hi, I am Bob Miller with MSA and I represent the owner. I will just make it very brief, this is our R-10 property, we have 1.26 acres, there are four lots shown on the plat but only Lot 4 is the one that we are dealing with for a variance and it fronts Butternut Drive, it is going to be 40-feet wide, the Zoning Ordinance requires 80-feet. The other three lots are all in conformance with the ordinance. This lot will be over 19,000 square feet; the ordinance is R-10 which is 10,000 so I will be happy to wait and answer any other question or answer questions now whatever you all chose. Ms. Oliver: Do we have any questions, no, we will get back to you, alright thank you. Ms. Cartwright: We do have one speaker in support Kevin Watson, if you would please come to the podium. Ms. Oliver: Welcome Mr. Watson. Mr. Watson: Thank you, my name is Kevin Watson, I am one of only two residents who live on Butternut, the questions I had is these lots right here for the driveway or it going to be facing Butternut or it's going to be facing Great Neck, all three is going to be facing Butternut. So there is a possibility with the construction, heavy traffic going down to Butternut because right now both of our houses that sit right next to each other, if a UPS or a heavy truck comes by, it does shake our house, so more heavy traffic we got on this road, the more we are going to fill in our house, so I don't know if that's going to take consideration or they are going to park on North Great Neck enter that way or they are going to be entering this way. If so, are we going to be notified well in advance? Because I do have multiple vehicles and multiple people live in my house that do drive and if that is the case we would have to park up in the circle up. I don't know if that's a small or big thing, but has a big impact on us. Ms. Oliver: Understood. 1 Mr. Watson: The second question is more of an engineering issues, we are at Great Neck Road and North Great Neck road and there is a stop sign right there, I have been living in this residence for nine years and I see multiple,multiple accidents, coming from north Great Neck Road making a right on Butternut Drive, so is that stop sign going to be moved up? Because this right here that's a blind spot so if they do not move that, there is going to be more accidents and those three houses right here. I feel sorry for whoever is going to be buying them I mean that's just my opinion because there has been, there is a little brick park right here three times in one year that's been replaced because when they make this right on Great Neck Road from Old Great Neck Road, it's a blind spot, so you got these cars coming this way. Ms. Oliver: Where is the stop sign, which corner is a stop sign? Mr. Watson: Right there, right by lot one. Ms. Oliver: Okay and it faces Butternut? Mr. Watson: It faces Old Great Neck Road because you have to stop at the stop sign. Ms. Oliver: Because you have to stop on Butternut to come out, okay. Mr. Watson: Yeah, then move up a little bit to actually see the right-of-way the two way intersection. Ms. Oliver: Okay, well maybe we can get traffic up here and see what they can do. Mr. Watson: Now with that being said is speed limit sign going to be 25 or is it going to be 15? Because I don't know who it is going to be addressed to with the miles per hour, this 25 right here is a little bit too fast of course. Ms. Oliver: We can ask traffic, he's here today, and we can ask him to come up and address those two concerns for you. Mr. Watson: Those were the only two concerns that I have. Ms. Oliver: Is there any questions?No? Okay great. Ric, do you mind coming up and asking a couple of questions or answering a couple of the concerns. Okay that's alright. Mr. Lowman: Ric Lowman, Public Works Traffic Engineering. Ms. Oliver: Thank you Ric, so this gentleman is concerned. There is, evidently there is a stop sign on the corner of lot one and the stop faces Butternut, and so he is concerned right now the way there is a lot of accidents on that street evidently due to the stop sign and the placement of the stop sign, so I think his concern is the fact that he wants to know if... Bob? Sure. Mr. Miller: The stop sign is back here,there is a setback maybe 10-15 feet. It's not bad but there is a brick wall,back of that wall shows the community sign on it and there is a lot of underbrush and other trees around it that prevent you from seeing. This is our side of the brick 2 wall but there is another piece right here, and so what happens is you can't see when you get to the stop sign without pulling up literally into the road into Old Great Neck Road. Yeah I mean moving the stop sign then I think that something that could be done, this piece needs to be cleared up and I don't know who's responsibility it is, but it looks like it's in the right-of-way. Mr. Lowman: Now, I can respond. We will investigate whether the shrubbery can be cleaned up, so that we could get good sight distance. The placement of the stop sign isn't really necessarily where we want them to stop because generally we put stop signs where we can so they could be best seen by the traffic coming up, so we would want them to stop outside of the Old Great Neck Road and before they have to enter it, but we'll clean up the shrubbery. We can get that looked at. You know how that, the speed limit 25 miles an hour is the lowest speed on a public street. Ms. Oliver: Great, I think that the concern, you know, if you all can address that evidently, his concern is with all the constructions trucks and everything with the building of the three houses and then the fact that there is already an issue with people not being able to see the stop sign and having to pull out. There seems to be a lot of accidents at that particular point so I think anything we can do to mitigate that was probably would help considerably. Ron. Mr. Ripley: This probably you're barely aware but part of it is. The man that came up mentioned with the construction to be from the Butternut side versus the Old Great Neck Road side and from a traffic point of view what would you suggest, construction access to these sites? Mr. Lowman: Generally construction access is always through the front, you know, these houses are built inside of existing neighborhoods all the time. I don't consider it a lot of construction traffic. It's not like they are going to be bringing in lot of fill or taken a lot of dirt away, so it's done all the time. Mr. Horsley: Thank you. Mr. Lowman: You are welcome. Ms. Oliver: Any questions? Okay great thank you. Ms. Cartwright: We do have other speakers in opposition, Mike Ehrenzeller. Mr. Ehrenzeller: I would like to start by thanking Planning Commission. Ms. Oliver: One second, if you state your name for the record. Mr. Ehrenzeller: John Michael Ehrenzeller. I thank you and appreciate all to letting me speak today. I am one of the land owners, I am in the lot right here, this is my house. I have a couple of bullet points here I'd like to bring up. Yes, there was a sign put up for a variance. I received a letter but maybe a week or so ago stating about the variance explaining a little bit of it. Still kind of vague. I had to search pretty deep in the Virginia Beach site to get this which really explains what they are doing here. So none of the other neighbors had any idea what was going on this. I will hit my bullet points really quick and then come back on that. So I have spoken to some of 3 the adjacent neighbors and any of the ones I talked to yesterday this is how soon it was. I didn't have a whole lot time to do this myself but none of them in favor of this. First and foremost squeezing four houses in the area meant for two houses will de-value my property especially when these four houses are for rent. Make no bones about it, FWM Residential Rental Properties LLC rents. They are known what just call it for what it is, McClesky and Associates. They do not sell. That is their mantra, so they are going to rent these houses more than likely. I would have to say yes my opinion right now. Second, the original intent was to have two houses on two lots hence the water sewage. There was one water sewage line over here. I believe originally and one here which there is a house right here and it is act of that. So there was meant to be two lots in this whole area not two houses. Let's keep that in mind that is the flavor, for the lack of a better word, that the original neighborhood was trying to keep with lot sizes like this. This is the lot right now. This whole lot here and there is a back lot here is what they are trying to say it has the grievance. Let me not get too far out of hand here, let me put out a couple of things, the water hookups if that is on page five of the agenda item five report under public utilities impact. Thirdly on page two of the agenda report see it is pointed out that as lot Cl lacked street frontage, Cl was considered this lot right here, there we go, thank you very much whoever did that. I would make it back to where I was. Ms. Oliver: You are out of time, I am sorry to bother you; you have got three minutes,but will let you finish. Mr. Ehrenzeller: I appreciate that, I will try to make this really quick, I will go through this. A note was recorded into the plat that required Cl to be sold to an adjoining property owner and not to be sold to an individual building site that is probably to conform to the R-10 zoning, so that they would have adequate street frontage and I did that just to show that this would be a great lot right here that would have more than the 80 feet. Let me make this little bit quicker. Alright, fourth restricted access for emergency vehicles, more of these flag lots that come over there like that if you have an emergency, things could get bottlenecked right there and that being my house and other houses in the close proximity if this things burning and we cannot get fire trucks back there, bad things can happen. Just want to point that out that's why the City really doesn't like flag lots in the first place hence the zoning lots. FWM Residential Rental Properties, LLC is creating their own hardship basically this lot is being created. There's four lots being created out of two, they don't need to necessarily create a hardship and it's my understanding you shouldn't be creating a hardship in the first place. Three lots could be created, this one could come straight out here. This would meet all the setbacks as they say it is 19,000 feet which the minimum is 10,000 square feet, but look at the size of my lot, I am on a R-10 too, plenty of room but if they had three lots here they would conform to the current zoning instead of going for a variance which is agreed, I think that's what it is, my understanding. They are creating their own grievance, when they can just put three lots in. I can't stop that, that's an ordinance with the Zoning Regulations, you know, that's within their right. This is a creation of a need for a variance, I am opposed to it. These houses are going to be rental that will impact the sale of my 4 house, not the sale I am sorry, the value of my house. So that's my basic biggest grievance but last but not least in my opinion the profit of FWM Residential Rental Properties would make off, alright, I don't know what I scribbled down there. I apologize for that, basically their profit shouldn't be at my expense, my property value shouldn't go down, so they can squeeze another lot in here, whatever lot you want to call it 2, 3, they can have 3 lots in there and conform so basically what it comes down to greed is not good and in this situation not good for me, not good for my neighbor here, they are all these neighbors, which he has concerns about traffic and that is a bad spot, but shoehorning another lot in there isn't going to help anything, that's my grievances, you know, getting that guy in there, they can make three lots that's my biggest grievance. Ms. Oliver: Thank you, do we have any questions, no thank you so much. Mr. Ehrenzeller: Thank you ladies and gentleman for listening to me today, bit nervous. Ms. Cartwright: We have one more speaker Carey Raleigh. Ms. Oliver: Hi, welcome, please state your name. Ms. Raleigh: My name is Carey Raleigh and I just want to say I have never been to a meeting like this, I didn't know what to expect, I didn't know what would happened or how any of this goes, I live on Big Leaf Circle which is the cul-de-sec right behind there, so I do live in one of those townhouses. When they built these houses right here, they are actually significantly changed even just coming in and out of our neighborhood and this house right here has been on the market for quite some time, they cannot sell, I am sure these guys can attest to that, this one right here, the one that's been for sale forever. Ms. Oliver: Okay. Ms. Raleigh: Anyway the traffic coming in and out, I realized that it's a public street, I talked to these guys before we came in here but you used to be able to have two cars going back and forth through the neighborhood, now there are cars on this side of the street and on that side of the street just to get home now, I have to pullover, wait for anybody coming out. Then I go leaving my neighborhood same kind of thing. Those guys are right about those accidents from what I am understanding just from those, the questions I had with these guys beforehand and everything that I am hearing, these three are going up, no matter what which I think is pretty sad,but this one definitely doesn't need to be there. I agree with the guy that just spoke, they don't need to have to squeeze one more back in there when they are already adding those three. None of my neighbors knew anything about what's happening so he's right about that. I went around my cul- de-sac yesterday asking everyone. No one knew anything about it, everyone that I spoke to is very concerned about the fact that their back patios already flood and there is a huge land mass there that gets all the rain, if you build all those things they are worried about what's going to happen to them. 5 Ms. Oliver: Great thank you. We have any questions for Ms. Raleigh,just as you know there is a sign that's posted for 30 days on the piece of property and that usually allows you information on who to contact when the city is getting ready to do something or there is an application of some sort. Ms. Raleigh: You know, I went to the website and didn't really tell me anything whether it had been about this meeting so I didn't really know what was going on. Ms. Oliver: Okay great, thank you. Any more speakers? Ms. Cartwright: That is all. Ms. Oliver: Great. Mr. Miller. Mr. Miller: Let me see if I can walk through these carefully. So the first one we talked about with Rick which was the stop sign at the intersection situation, the second thing was the construction traffic and yes that would be on Butternut but we will make sure we let Mr. Watson know when that project is going to happen if you will give me his phone number, we will make sure he knows when we are going to build. We probably won't build all the houses in one time. I think that was lot of that,but his concern is with traffic is something that I can echo. I was out there, he and I talked and you could see the intersection was not something that if you pulled up the stop sign, you could not see well down old Great Neck Road to the north in that direction and the second speaker water and sewer will be done for each lot that's a requirement, City requirement you all know that. There may be existing water taps in there, we'll use them, if they are not enough, we will add the additional ones, same with the sanitary sewer. The CIP study refer to which is in the back that is a separate piece that was platted that way, I don't know why like you know done not before my time but a long time ago. I will just put it that way. I didn't do the plat and we are the owner of that, so we are the in conformance with what the notes on the plat. we're the adjacent property that we own that property in order to access that property we've got to provide some mechanism to do that and our choice was to go ahead and provide a flag lot. If you can turn to page three of the report and I don't know if you all have these maps, but if you look right up here, there is a flag lot here, there is another flag lot up just a little further. Obviously adjacent properties are A-12. Yeah, you can see, there is a flag lot there, there is a flag lot there, not saying that all these things are justified or right but certainly in this neighborhood in the R-10 zoning, there are existing flag lots. These other lots in this area are generally in conformance with approximately the R-10 ordinance which is the 10,000 square feet obviously this is the lot that he was referring to next door and this is a corner lot are both larger but most of these lots that are in there. They are R-10 and they conformed R1-0, which is what we will do. The existing house which is here is in deteriorated condition and we'd like to, we own that, and we would like to get rid of that house, so whatever we put up in here is going to be new housing and it will be as conformance to the information that we gave you whether the properties are sold or retain by FWM that's something that is a business decision of their and I don't, at this point I'm not going to sit here and say they are not going to be sold, I am not going 6 to tell you that they are going to be sold, but there will be quality housing, they will be an asset to the community not to say again that they are exactly what perhaps some of the neighbors want in that area but I think that pretty well covers what was mentioned in a short form. Ms. Oliver: Great, yes, Ron. Mr. Ripley: I noticed that, you know, you brought up now is going to bring up the patterns of zoning that are in that area and you have designed this as single-family to fit in the R-10 district which have A-12 beside it, did you consider any A-12 and if you did why not? Mr. Miller: This is an AICUZ area and so the existing zoning as well, we would use. We won't be able to change the zoning to get, you could change it, but you won't get a higher density. Mr. Ripley: Okay, I was just curious if you had considered that. Mr. Miller: Well when you look at, I think you are right it perhaps logical but no we wouldn't do it. Mr. Ripley: Okay because I think single family is a good move here that fits in with the neighborhood better and transitions because you do have a quite much multifamily around you if I am seeing this correctly. Ms. Oliver: Any other questions for Mr. Miller, alright thank you. We will close this hearing now and open it up to the commissioners. You want to discuss Mike. Mr. Inman: Yes, I have been looking at this on Google Earth while this discussion has been going on and observing the amount of, the type of housing and density. it varies some but overall it's fairly dense community in that vicinity, this land is zoned R-10. The three of the lots totally conformed, all the lots conforming from the square footage, it seems like a very reasonable request and it seems like it fits in with the neighborhood and I can't imagine why looking at the from the Google earth standpoint it would have any significant impact on property values or neighboring properties, which isn't really our call anyway but it's a land use decision we are making and it looks like a reasonable land use in light of what's going on in that vicinity and the current zoning. Ms. Oliver: Thank you. Anybody else? Mr. Ripley: I agree with you, I think it's a reasonable request and I think it should be approved. Ms. Oliver: But one thing from Mr. Wall. Mr. Wall: I think you know these are high quality homes I think you know they'll be replacing that one structure and if we do have or the few people that were in opposition brought up about the flag lots,but we had recent precedents in the past couple of years, you know, 7 supporting flag lots such as this one so it's not out of the ordinary that we would not approve this under the Subdivision Regulations. Ms. Oliver: Okay, thank you. Anyone else, yes Mr. Redmond? Mr. Redmond: Madam Chairwoman, I will move approval of the application number five. Ms. Oliver: Do we have a second? Mr. Horsley: Second. Ms. Oliver: We have a motion made by Mr. Redmond, seconded by Mr. Horsley. Ms. Cartwright: Alright,by recorded vote of 9-0, item number five has been approved. AYE 9 NAY 0 ABS 0 ABSENT 2 HODGSON AYE HORSLEY AYE I N MAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI ABSENT THORNTON ABSENT WALL AYE WEINER AYE CONDITIONS 1. When subdivided, the property shall be developed as shown on the submitted subdivision exhibit entitled "SUBDIVISION OF LOT Cl (M.B. 59, PG. 16)AND PARCEL DESIGNATED AS "C.D. KNOPPENBERGER" (M.B. 59, P 16)VIRGINIA BEACH, VIRGINIA," dated April 17,2018, and prepared by MSA, P.C., a copy of which has been exhibited to the Virginia Beach City Council and a copy of which is on file with the Virginia Beach Department of Planning and Community Development. 2. When the property is developed,the residential dwellings constructed shall have architectural features, and appearance of like quality and character of the home depicted on page 7 of this Staff report entitled"Proposed Elevations", which has been exhibited to the Virginia Beach City 8 Council and is on file with the Virginia Beach Department of Planning and Community Development. 3. When the property is developed, each lot shall be served by an exclusive water tap and meter and an exclusive sanitary sewer lateral and cleanout. 9 I 0 CC x- 1 0 Ct \S 1.1 , fes_ iii\ o 0'\ C 1 0 o(5). C ie 0 • ' 4 &. 4C . std., , .,,e k , b, . .e$ ,,, 0. c.Dr • _4_ i,_' , .... ___- - - _ ;t 11 T r. 11 01 `�', Oc(iCe, iiii RR LI irl Nom'[ "IiriAl144,, Ia, CITY OF VIRGINIA BEACH AGENDA ITEM: KIRBOR, LLC [Applicant & Property Owner] Subdivision Variance (Section 4.4 (b) of the Subdivision Regulations) for the property located at 3716 West Neck Road (GPIN 2402237660). COUNCIL DISTRICT — PRINCESS ANNE. MEETING DATE: November 13, 2018 • Background: This is a request to properly record a lot that has existed since 1956 by deed, rather than by a plat as required, in order to redevelop the lot with a single-family dwelling. According to the application, the subject parcel was subdivided by deed on January 12, 1956 and recorded on November 22, 1957. City records indicate that the existing single-family dwelling was constructed in 1957. It is the applicant's intent to demolish the existing residence and build a new single-family dwelling for which a site plan was recently submitted for review to the Planning Department. During this review, Staff discovered that a plat had never been properly recorded and to do so would require a Subdivision Variance to both lot width and lot area. The property is zoned AG-2 Agricultural District and therefore requires a lot area of one acre and a minimum lot width of 150 feet. The proposed lot area is deficient by 2,442 square feet (41,118 square feet proposed) and the proposed lot width is deficient by 45.32 feet (104.68 feet proposed). • Considerations: It was not uncommon for lots to be created, albeit illegally, by deed from the 1940s through the mid-1970s. Given that adjacent properties are under different ownership, it is impossible to rectify the situation by combining adjacent parcels. No further subdivision of land is proposed, and granting the Subdivision Variance will result in a properly recorded parcel. The stormwater strategy will be addressed during the single family site plan review. Further details pertaining to the request, as well as Staff's evaluation, are provided in the attached Staff report. There is no known opposition to this request. • Recommendations: The Planning Commission passed a motion to recommend approval of this request by a vote of 9-0 with the following conditions: Kirbor, LLC Page 2 of 2 1. When the property is subdivided, it shall be substantially in accordance with the submitted subdivision exhibit entitled "PRELIMINARY SUBDIVISION PLAT OF 3716 WEST NECK ROAD PROPERTY OF KIRBOR, LLC" dated July 30, 2018 and prepared by Renew the Bay, LLC. Said exhibit has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. A final plat shall be recorded with the Clerk of Court reflective of the layout referenced herein. 2. When the property is developed, the residential dwelling constructed shall substantially adhere in architectural features and appearance and size to the submitted elevation, entitled, "THE THOMAS KIRBOR HOMES". Said elevation has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development. 3. Prior to the issuance of a building permit, approval from the Virginia Beach Health Department for private well and private septic facilities shall be obtained. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: Planning Department (j, 4 ,,`QK_� City Manager: ��`5 Applicant & Property Owner Kirbor, LLC Agenda Item Public Hearing October 10, 2018 City Council Election District Princess Anne 7 Virginia Beach Request Subdivision Variance (Section 4.4 (b) of the Subdivision Regulations) •s.»w Staff Recommendation Approval Staff Planner / Robert Davis / Location 3716 West Neck Road GPIN 2402237660 Site Size 38,893 square feet AICUZ Less than 65 dB DNL Watershed Southern Rivers Existing Land Use and Zoning District '"_• . ,114. Single-family dwelling/AG-2 Agricultural :;r is Surrounding Land Uses and Zoning Districts North ,e , `'` r a ¢* ,• -. 'a Single-family dwelling/AG-2 Agricultural ► t;c:t 5s . '; �, South tr .1 . t - rx � F'(;r : e. 4! "4 � • 5 j 3 i..•. T Vi Single-family dwelling/AG-2 Agricultural Y i J.R;�w,. J aa,�� 'Y� f• � Y3 a j • • East ,. �''� Woods/AG-2 Agricultural ¢ ``- j ' '+" x gjar M:, West > ,• , West Neck Road '� 1 •'A �3 ti'R► Single-family dwellings, woods/AG-2 'y Agricultural Kirbor, LLC Agenda Item 7 Page 1 Background and Summary of Proposal • According to the application, the subject parcel was subdivided by deed dated January 12, 1956 and recorded on November 22, 1957 in Deed Book 499, Page 377. When it was conveyed in 1957,the parcel was already developed with the existing single-family dwelling.The property has been subsequently conveyed on several occasions. • It is the intent of the applicant to demolish the existing residence and build a new single-family dwelling. Recently, a single family site plan was submitted for review to the Planning Department. During this review, Staff discovered that a plat had never been properly recorded and to do so would require a Subdivision Variance to both lot width and lot area. • The property is zoned AG-2 Agricultural District and therefore requires a lot area of one acre and a minimum lot width of 150 feet. The proposed lot area is deficient by 2,442 square feet (41,118 square feet proposed). The proposed lot width is deficient by 45.32 feet (104.68 feet proposed). Required Proposed Lot Lot Width(feet) 150 104.68* Lot Area (square feet) 43,560(1 acre) 41,118* *Subdivision Variance required • The applicant has provided an elevation for the proposed single-family dwelling that will feature a front porch, two-car garage,gable-end projection, and asphalt shingles for the roof material.The two-story single-family dwelling will have vinyl siding as the primary exterior building material. AG , AG-2 As I • ," v� ��, Zoning History , . _ . # Request 1 CUP(Commercial Kennel)Approved 09/07/2018 ATi ° 4 \\\\ - AG- 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 Kirbor, LLC Agenda Item 7 Page 2 Evaluation and Recommendation Section 9.3 of the Subdivision Regulations states: No variance shall be authorized by the Council unless it finds that: A. Strict application of the ordinance would produce undue hardship. B. The authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected. C. The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. D. The hardship is created by the physical character of the property, including dimensions and topography,or by other extraordinary situation or condition of such property,or by the use or development of property immediately adjacent thereto. Personal or self-inflicted hardship shall not be considered as grounds for the issuance of a variance. E. The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized whenever such variance pertains to provisions of the zoning ordinance incorporated by reference in this ordinance. This is a request to properly record a lot that has existed since 1956 by deed in order to redevelop the lot with a single- family dwelling. Given that adjacent properties are under different ownership, it is impossible to rectify the situation by combining adjacent parcels. No further subdivision of land is proposed.The stormwater strategy will be addressed during the single family site plan review. Staff finds that the subject parcel, as it exists today, does not adversely impact the character of the area and is consistent with the Comprehensive Plan's recommendations for the Rural Area in regards to the surrounding development pattern. Based on the considerations above,Staff recommends approval of this request subject to the conditions below. Recommended Conditions 1. When the property is subdivided, it shall be substantially in accordance with the submitted subdivision exhibit entitled "PRELIMINARY SUBDIVISION PLAT OF 3716 WEST NECK ROAD PROPERTY OF KIRBOR, LLC" dated July 30, 2018 and prepared by Renew the Bay, LLC. Said exhibit has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development.A final plat shall be recorded with the Clerk of Court reflective of the layout referenced herein. 2. When the property is developed,the residential dwelling constructed shall substantially adhere in architectural features and appearance and size to the submitted elevation,entitled, "THE THOMAS KIRBOR HOMES".Said elevation has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development. 3. Prior to the issuance of a building permit,approval from the Virginia Beach Health Department for private well and private septic facilities shall be obtained. 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. Kirbor, LLC Agenda Item 7 Page 3 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. Comprehensive Plan Recommendations The Comprehensive Plan designates the subject property as being in the Rural Area with primarily agricultural and rural related activities. An important objective of the Plan for the Rural Area is to protect and sustain all of Virginia Beach's valuable environmental,scenic, and agricultural resources against inappropriate activities and intense growth pressures. Natural and Cultural Resources Impacts There are no known significant cultural resources associated with the site. 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. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic West Neck Road 4,427 ADT 1 7,400 ADTi( LOS 4"C") Existing Land Use 3 10 ADT 12,000 ADT (LOS "D") Proposed Land Use -10 ADT lAverage Daily Trips Z as defined by one single- 3as defined by one single-family a LOS=Level of Service family dwelling dwelling Public Utility Impacts Water Health Department approval is required for a private well. Kirbor, LLC Agenda Item 7 Page 4 Proposed Site Layout M/F MATTHEW L.Sr 4VD_LA N.FEIDELBAUOl I4S1. /20040106C0013520Ir ;I("N(402237628 CCC ta\ \ 1./T F EDER.CK CARL STRAw11AND.L1. AL •. 11451./20021219308263: 104.68 feet CAN /7407333`,51 MCCag /3716 WEST NECK ROAD 41,•'8 SF. •J.W44 ACRES 41,118 square feet p_% 1 p -1 lS S� � d ^,C� 2kr k'E it z.O', FREXRICK 2A2.STAAYNAND,ET AL INS1./200212193082635 CAN/;407333551 0000 • PRELIMINARY SUBDIVISION PLAT OF 3718 VEST NECK ROAD PROPERTY OF KIWBOR, LLC (MB , PG ) PRINCESS ANNE 9'JODM$IDN,VIRGINIA SEAM.YIR:::NIA i:ALI. 1'=L5' LATE.JULY 0C,RO1 Kirbor, LLC Agenda Item 7 Page 5 Proposed Elevation 1,iU8 SI- . - - - I Kil KIRBoR T El E T H 0 M A c 4 BEDROOMQ HOMES ................. ,. . .e., .=,.'. ,... ,, ,." .. - • - ... . - . . 'Ai.„... -;=•-• -•;---.'"2,-1":"..-s7.-• 1"-...-.; ../.•. ...- ..-.....• - .... ._,--•,-,-. . • - = „F=........„..... .......e•-. .A ': ,.. '! ,.,4,,-/ =I`__- • -- ......,.....7.......ar4„pir.r........., , ' .; ..ii• %=4:0 Jr .- -,_.•,; --- [ , '\= 1. \\ '-... :1. ,.11.1-C. - ... -*''---.'-- . ,. .--.. '..1.it 11 I. A 1 : •:- Ti. -, • 11 :: ,... .. .., . ' . . . . . It! * -, ,fr. • _ . . , •'.:01.Zi '1'.0 ;..1. •-.. ..,..2' ..111' '• :- 41;1 P-'4'..k1'4 '''''" • ...._ -••• .1'.. ......1-0......1., - -- - _., .".......- • . - 7. is..... ... AZ . 4...1111....7 ...14$6,... ---. Ir MPII r-----,----7_ — I I.;7 VI ,........._ ,• _ .. • ,,,,.,., : ,T . . •sr . .....4,., ....•-, _,. ii, - . v BR tV i e_-..•••'' 11111111111111111i I II t'..: A i 1 ...,,,,,,,r!„.. . _- • _. -.).. ,..__ 7:7-7-:•-_,,,_,.„—. :. i 1 ., ,..... '.'''s . 7,.,,,-4, C._ Aj",- ., '' -....,, ,...:•:.1:i*" `'-, - 47— , ,, -.id..•-- • - • ',A - ..&.. •-,• ."•''.."-• • - ,e_, . • -- - - - - . . _ , , , . , . • . ,--',..._ . Kirbor, LLC Agenda Item 7 Page 6 Site Photos t /444 4j • '. 'h • i �� T 1 . '' :..,t,.••':?i s T- - .- 14{te* CTT ... 4 t !. . j ;s, y aVir , < .a ii..... r 1:1 rt e" rr A •' � i ',41.' <,,,,4., r!"iSyFrrr' i .a: ,�g F 4''Y °� . •n f, — ►i!., - :4,1 y , s , " .f + • - d.T CIF mss y 4 • e••••". y f ^ icx *44" 'M1. ' 4�Y ^tI". .., 5� `«-" t t5. '-`• AfilD- ,T Kirbor, LLC Agenda Item 7 Page 7 Disclosure Statement • \fi3. Virginia Beach APPLICANT'S NAME Kirbor, LLC DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness — Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board 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. 0 SECTION 1 / APPLICANT DISCLOSURE MR CITY USE ONO/All disclosures must be updated ta0 i r r:_e.s pr w_r to et,-. Page 1 of 7 !arming Commission and City Council meeting that pertains to the appllCationisi o APPLICANT NOTIFIED OF HEARING DATE o NO CHANGES AS OF DATE ty:3/ b' Robert A.Davis REVISIONS SUBMITTED DATE Kirbor, LLC Agenda Item 7 Page 8 Disclosure Statement tty Virginia Beach nCheck here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. I^ Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name: Kirbor, LLC If an LLC. list all member's names Members: RAW Enterprises, Inc.: Robert A. Wadsworth, II, President; Janat, Ltd.: John Richard Savino, Jr., 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 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes) and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation, partnership,firm, business, or other unincorporated organization. AND THEN,complete the following. (A) List the Property Owner's name: If an LLC, list the member's names Page 2 of 7 Kirbor, LLC Agenda Item 7 Page 9 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 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) -Parent-subsidiary relationship'. means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation" See State and Local Government Conflict of Interests Act.Va Code§2 2-3101 2 'Affiliated business entity relationship" means "a relationship, other than parent subsidiary relationship, that exists when(i) one business entity has a controlling ownership interest in the other business entity,(ii) a controlling owner in one entity is also a controlling owner in the other entity,or (iii) there is shared management or control between the business entities Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis, or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va Code§ 2.2.3101 4 SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Kirbor, LLC Agenda Item 7 Page 10 Disclosure Statement • NIB APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) Accounting and/or preparer of DesRoches&Co..CPA — your tax return X Architect/Landscape Architect 1 Land Planner © Contract Purchaser(if other than ❑ the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed I ' X purchaser of the subject property I I (identify purchaser(s)and purchaser's service providers) X Construction Contractors I 1 Engineers/Surveyors/Agents Renew the Bay,LLC Financing (include current Towr..eBank mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) X, Legal Services Sykes Bourdon.Ahern&Levy,P.C. Real Estate Brokers / ISI i Agents/Realtors for current and /\) anticipated future sales of the subject property 1 SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have IX1 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 Kirbor, LLC Agenda Item 7 Page 11 Disclosure Statement • NB 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. Kirbor, By ►- • to t.0 _a 9 O- APPLICANTS SIGNATUnE PRINT NAME I DATE Page 5 of 7 Kirbor, LLC Agenda Item 7 Page 12 Disclosure Statement a CONSENT IN WRITING OF THE MEMBERS Of KIRBOR,LLC In accordance with the Operating Agreement,as amended,of Kirbor,LLC,a Virginia limited liability company(the"Company"),the Members of the Company(the"Members")adopt the following preambles and resolution: WHEREAS,it is opinion of the Members that it is in the best interest of the Company to enter into various transactions for the purchase and sale of real property and any improvements thereon(the "Transactions"),and WHEREAS,it is the opinion of the Members that it is in the best interest of the Company to execute any and all documents necessary to close the purchase or sale of any such real property(the "Transaction Documents");and WHEREAS,it is the opinion of the Members that it is in the best interest of the Company to obtain various loans for the purchase and development of real property(the"Loans")with any lender of its choosing(the"Lender");and WHEREAS,it is the opinion of the Members that it is in the best interest of the Company to execute any and all instruments and other documents necessary for the consummation of the Loans, including but not limited to all promissory notes,deeds of trust,agreements,settlement statements, and other documents reasonably necessary to effectuate the Loan(the"Loan Documents");and WHEREAS,it is the opinion of the Members that it is prudent to authorize either Robert A. Wadsworth,II,as the sole director of RAW Enterprises,Inc.,a Member of the Company,or John R. Savino,Jr.,as the sole director of Janet,Ltd.,a Member of the Company,individually,to execute and deliver the Transaction Documents and the Loan Documents and conduct those activities necessary to close the Transactions and the Loans;and NOW THEREFORE,BE IT, RESOLVED: The Transaction Documents and the Loan Documents are hereby ratified,approved and confirmed, RESOLvED Either Robert A.Wadsworth,II,as sole director of a Member,or John R.Savino,Jr., as director of a Member,individually,is designated,authorized,and engaged to conduct those activities necessary or reasonably prudent to complete the Transactions and the Loans on behalf of the Company, including but not limited to executing and delivering the Transaction Documents and the Loan Documents. Kirbor, LLC Agenda Item 7 Page 13 Disclosure Statement RESOLVED: All actions previously taken by either Robert A.Wadsworth,II or John R.Savino,Jr., individually,in the furtherance of the objections stated herein are hereby approved,ratified and confirmed. RESOLVED: This Consent in Writing is effective as of December 29,2014,and shall not expire until terminated in writing. KIRBOR,LLC By: Raw Enterprises,Inc By: `� Rcbert A.Wadsworth:I:,its sole d rector By: Jan. td. / By: 1' . John R.Savino,Jr.,its sole directo• Kirbor, LLC Agenda Item 7 Page 14 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that 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. Kirbor, LLC Agenda Item 7 Page 15 Item #7 Kirbor, LLC Subdivision Variance (Section 4.4(b) of the Subdivision Regulations) 3716 West Neck Road District—Princess Anne October 10th, 2018 CONSENT Mr. Hodgson: Thank you, Mr. Redmond. Next item is number 7, it's an application of Kirbor, LLC, and it's an application for a Subdivision Variance, Section 4.4(b) of the Subdivision Regulations on property located at 3716 West Neck Road in the Princess Anne District. Good afternoon. Ms. Bourdon: Good afternoon, thank you Commissioner Hodgson, Madam Chair and members of the Commission. For the record, I am Eddie Bourdon, Virginia Beach attorney representing Kirbor. LLC. I appreciate Mr. Davis's work on this application. All three conditions are acceptable to the applicant and I greatly appreciate being on the consent agenda today. Mr. Hodgson: Thank you. Is there any opposition to this being placed on the consent agenda? Hearing none, Ms. Oliver has asked Commissioner Don Horsley to please read this into the record. Mr. Horsley: Thank you Jeff According to the application, the subject parcel was subdivided by deed back in 1956, and placed in the deed book back then, but as a lot of parcels were in the days of the Princess Anne County before the city incorporated and joined with Princess Anne County to become the City of Virginia Beach; this lot was correctly done according to the city ordinance itself. So it was divided by deed and conveyed by deed and a home was built on it. And now the applicant decided that they want to demolish the existing residence and build a new single-family home. They applied to the Planning Department and found out that it wasn't properly recorded and it doesn't meet the subdivision standards now by about 45 feet roughly too narrow and some 2,400 and some square feet too small of a lot size. Thus requiring variances for the 45 feet and 2,500 roughly square feet to bring that up to par with the current regulations. That's what the current owner wants to do and staff seems to think that it is alright according to the existing property surrounding this property. So we decided to put it on the consent agenda today, thank you. 1 AYE 9 NAY 0 ABS 0 ABSENT 2 HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI ABSENT THORNTON ABSENT WALL AYE WEINER AYE CONDITIONS 1. When the property is subdivided, it shall be substantially in accordance with the submitted subdivision exhibit entitled"PRELIMINARY SUBDIVISION PLAT OF 3716 WEST NECK ROAD PROPERTY OF KIRBOR, LLC"dated July 30, 2018 and prepared by Renew the Bay, LLC. Said exhibit has been exhibited to the Virginia Beach City Council and is on file in the Department of Planning and Community Development. A final plat shall be recorded with the Clerk of Court reflective of the layout referenced herein. 2. When the property is developed, the residential dwelling constructed shall substantially adhere in architectural features and appearance and size to the submitted elevation, entitled, "THE THOMAS KIRBOR HOMES". Said elevation has been exhibited to the Virginia Beach City Council and is on file with the Department of Planning and Community Development. 3. Prior to the issuance of a building permit, approval from the Virginia Beach Health Department for private well and private septic facilities shall be obtained. 2 --------------------------------- Sik CM 0 \slik., M - Cle\ -- OC \ I \ti 1 jw ,� ' 4 _____ 1 a _ ,1 , . =- I� , 1 � ly 'E 'I 4 Ce 0 \ cJ IN g •hs, IF 0 k M CITY OF VIRGINIA BEACH AGENDA ITEM } ITEM: 27TH 1/2 STREET GARAGE, LLC [APPLICANT] 27TH STREET HOTEL ASSOCIATES, LLC [PROPERTY OWNER] SPECIAL EXCEPTION FOR ALTERNATIVE COMPLIANCE FOR THE PROPERTIES LOCATED AT 203 27TH STREET, 2613, 2701 & 2705 ATLANTIC AVENUE & 2701 PACIFIC AVENUE (GPINs 2428101726, 2428100877, 2428100965, 2428007876), COUNCIL DISTRICT — BEACH. MEETING DATE: November 13, 2018 • Background: Following the applicable version of the Form-Based Code, the amount of multi- family dwelling units proposed as part of this development project is limited to 30% of the total floor area (excluding structured parking) or 114,048 square feet. The applicant requests a Special Exception for Alternative Compliance in order to exceed the limit by 56,573 square feet, and proposes 44.88% of the total floor area or 170,621 square feet to be constructed as multi-family dwelling units. The overall 380,160 square-foot development project includes hotel units, apartment units, and ground floor commercial uses, as well as structured parking which is not included in the above floor area calculations. • Considerations: The applicant presented the proposal to the Resort Advisory Commission (RAC). RAC ultimately supported the proposal subject to two additional requests. 1 . The vehicular access to the 27 Atlantic apartments be relocated from the Connector Park of 27th Street to Atlantic Avenue. 2. The design of the west façade be revised to better activate the pedestrian environment on Atlantic Avenue. At the Planning Commission public hearing in October, the applicant indicated a willingness to continue to work with design professionals prior to the City Council hearing to research the feasibility of relocating vehicular access to Atlantic Avenue. Also, the applicant was amenable to adding Conditions #9 and #10 below, indicated as underlined text, in order to address RAC's second concern regarding pedestrian activity on Atlantic Avenue. 27th 1/2 Street Garage, LLC Page 2 of 4 Separately, prior to receiving RAC's support, a main concern of the proposal was the precedent that may be set for future requests for additional residential land use on the east side of Atlantic Avenue. To resolve this concern, the applicant reframed the request to include additional key parcels associated with the development project. Also, the applicant received confirmation from the Planning Department that the project is grandfathered, thereby allowing the measurement of square area of residential units based on the overall size of a project rather than on the number of residential units as a subset of the number of hotel units developed. Thus, the concern of setting a precedent is substantially diminished or eliminated. • Recommendations: City Staff recommends approval of this request. The Planning Commission passed a motion to recommend approval of this request by a vote of 7-0, with two abstentions. 1. This Special Exception for Alternative Compliance to Section 5.3.2 of the Oceanfront Resort District Form-Based Code allows 2613 Atlantic Avenue to be developed with a Mixed-Use Building Type which may contain up to 266 apartment units. The area occupied by said apartment units may not comprise more than 44.88% of the unified development project consisting of 2613, 2701, 2705 Atlantic Avenue, 203 27th Street, and 2701 Pacific Avenue. Per Section 5.3.2 of the Oceanfront Resort District Form-Based Code that was in effect on May 23, 2017, the area occupied by structured parking shall not be included in the area calculation of the project. 2. Unless otherwise specified below, when 2613 Atlantic Avenue is developed with multi-family dwelling units following the provisions of this Special Exception for Alternative Compliance, the improvements shall substantially conform to the submitted site exhibit titled, "Site Plan Design Concept," as provided by Armada Hoffler, and as dated August 2, 2018. This shall include the improvements shown in the rights-of-way of 27th Street and Atlantic Avenue. Said drawing is on file in the Department of Planning and Community Development. 3. Unless otherwise specified below, when 2613 Atlantic Avenue is developed with multi-family dwelling units following the provisions of this Special Exception for Alternative Compliance, the improvements shall substantially conform to the submitted undated architectural exhibits titled, "27 Atlantic." Said drawings are on file in the Department of Planning and Community Development. To further specify, the building shall: - As conceptually shown, exceed all minimum transparency criteria of the Form-Based Code; - Include a minimum of one primary pedestrian entrance on Atlantic Avenue as well as on 27th Street; - As conceptually shown, include reveals, grooves, trim, sills, or other hand- scaled façade elements on each floor associated with the "base" of the 27th 1/2 Street Garage, LLC Page 3 of 4 proposed building, as defined by the Oceanfront Resort District Design Guidelines; - As conceptually shown, include the aforementioned hand-scaled façade elements on every other floor associated with the "body" of the proposed building, and a distinct design for the "cap" of the building, as defined by the Oceanfront Resort District Design Guidelines; - Meet all clearance criteria and Design Guidelines relating to any proposed right-of-way encroachments; and - Unless otherwise required by the Virginia Uniform Statewide Building Code, any mechanical equipment, to include but not limited to HVAC systems, transformers, or equipment associated with wireless communications, shall be screened from being visible from the public right-of-way as well as surrounding private properties and the airspace above. 4. As part of their review, Staff may seek input from the Planning Design Review Committee (PDRC) of the Resort Advisory Commission (RAC) for any revisions to the conditioned exhibits that are proposed through DSC site plan review, to ensure the substantial conformance to the submitted exhibits and compliance with the Oceanfront Resort District Design Guidelines. This condition shall not be construed to require the approval of PDRC to move forward with site plan or building plans review. 5. Approval of this Alternative Compliance shall not serve as an approval of the conceptually shown Open Air Café located to the east of the site in the greenbelt, encroaching door swings, the southern vehicular curb cut on Atlantic Avenue, or any other type of conceptually shown right-of-way encroachment that does not align with the Oceanfront Resort District Design Guidelines. The Open Air Café shall still be required to follow all review policies established by the Resort Management Office and is subject to City Council approval of a franchise agreement. 6. As required by the City of Virginia Beach Site Plan Ordinance and Zoning Ordinance, prior to receiving a Certificate of Occupancy, the subject proposal shall adhere to all applicable parking requirements of the Oceanfront Resort District Form-Based Code. Additionally, no less than 30 covered bicycle spaces shall be provided for the apartment units. 7. To ensure the vehicular use of the connector park follows all associated City Code requirements, no fewer than two employees of the development shall be present to provide valet and traffic management services for customers of the proposed ground floor commercial uses as well as residents of the proposed apartments. At a minimum, said service shall be provided for the hours of operation of the proposed ground story commercial uses. Unless otherwise permitted by Traffic Engineering and appropriate street signage is installed, no vehicles shall be parked within the right-of-way of 27th Street. 27th '/2 Street Garage, LLC Page 4 of 4 8. Any loading or unloading associated with the proposed development shall follow all established City codes, policies, and procedures. 9. When the proposed 27 Atlantic apartments are developed, the applicant shall provide landscaping or architectural screening consistent with the design of the building to deter cut-through pedestrian traffic between the proposed structure and adjacent property to the south. 10. The proposed "West (Atlantic Avenue) Elevation" shall be revised to provide additional transparency on the first and second floors and other improvements that result in a more pedestrian oriented street frontage along Atlantic Avenue. Said improvements shall meet the Oceanfront Resort District Design Guidelines and shall also be designed in concert with the materials, colors, and textures of Ocean 27, Hyatt House Hotel, and the proposed parking structure. This may include the incorporation of a water feature similar to the feature used in the Hyatt House's porte-cochere. As part of the review of these changes, Staff may seek the input of the Planning Design Review Committee of the Resort Advisory Commission and ultimately be approved by the Planning Director. ■ Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Ag: - : P - ening Departmentdi, 1 '11 City Manager:4e6 , �1%IV Applicant 27 %2. Street Garage, LLC Agenda Item Property Owner 27th Street Hotel Associates, LLC Public Council Hearing September 12, 2018 Cityoj City Election District Beach D2 Virginia Beach Request " OW Alternative Compliance(Section 5.3.2 of the '"„' Oceanfront Resort District Form-Based Code) 'N..%. 'yd,,..: 4.o 0,64..-' t e Staff Recommendation 61.4PI'D'6 n,„S•°' Approval 1..t s'''''' 15-70 d5'NL -75 06 C'J_ r► seK^ :1 Staff Planner n,„s. n ' Kristine Gay � r�uK xf* Location ]y„ 2613 Atlantic Avenue ”° `'` GPIN �, ` . =�°5.,." "''"-- 24281017260000 ,.aM t�°ze„,4.-.4 ptn5*" Lot Size 17,975 SF AICUZ 70-75 dB DNL Watershed Atlantic Ocean Existing Land Use and Zoning District y' ►� , . Temporary Surface Parking for Hyatt House Surrounding Land Uses and Zoning Districts tI AC, .r North ,, '''° � t 27th Street Connector Park and Hotel / •7g"` / 1 ' _�,,'"'YY - OR Oceanfront Resort -,-.1.-.:\ j % ,, L•,,v- ,`_____,► South S.‘. Hotel /OR Oceanfront Resort0‘-. `` ' ` East .�t r t ;t i , Beach/ OR Oceanfront Resort ltf . . lt: , �' West Commercial / OR Oceanfront Resort '• At\ 1 , 27th % Street Garage, LLC Agenda Item D2 Page 1 Background of Proposal • This application was originally recommended by Staff for approval at the July, 2018 Planning Commission hearing. At that time, Commissioners expressed general support for the application but voted to defer the item to give the applicant time to address concerns regarding: 1. Building design; 2 Using the 27th Street right-of-way for vehicular access to the building; 3 The logistics of loading/unloading and moving residents in/out; and 4. The management of the off-site parking. • The applicant has worked with Staff to respond to each of these concerns: 1 The applicant has submitted architectural elevations and renderings that meet the Oceanfront Resort District Design Guidelines by providing human scale, appropriate building proportions, and balanced facade articulation. 2 Public Works Traffic Engineering worked with the applicant to review alternate vehicular access options for the site, mainly, accessing the site from Atlantic Avenue to reserve 27th Street entirely for bicyclists and pedestrians. Ultimately, Traffic Engineering maintained their original determination that the proposed single point of vehicular access from 27th Street is the safest design for vehicular access. As shown on the 27th Street Conceptual Exhibit, vehicles will enter the apartment porte-cochere from 27th Street. The drive aisle widths and turning radii have been reviewed by Traffic Engineering to be reduced as much as possible to better equalize the prioritization of bicyclists &pedestrians with vehicles. Mountable & non-mountable curbs as well as flush concrete banding are strategically used and light poles and planters are strategically placed to maintain emergency vehicle access to the boardwalk and provide for the easier flow of beach goers on foot and bike. All ADA criteria will be met or exceeded, at site plan review. 3 Resort Management and Traffic Engineering confirmed that the applicant is permitted to use the loading zone that is located in the south-bound trolley lane on the west side of Atlantic Avenue. Loading is permitted between 6:00 a.m. and 1:00 p.m. Materials may be walked across Atlantic Avenue with a dolly. A vehicular curb cut will not be permitted in front of the proposed overhead door on Atlantic Avenue. 4 The DSC-approved building elevations for the by-right off-site parking structure have been submitted for reference. A location exhibit also shows the proximity of the off-site parking to the apartments. The applicant will use internal wayfinding signage to identify which floors/spaces are reserved for apartment tenants only, and which floors/spaces are open for hotel guests to use. The spaces reserved for the apartment units will not be used by hotel guests or other customers of the parking garage. Summary of Proposal • As prescribed by Section 5.3.2 of the Oceanfront Resort District Form-Based Code, east of Atlantic Avenue, the number of permitted multi-family units is limited to a maximum of 15%of the total number of hotel units provided within any project. The applicant is requesting a Special Exception for Alternative Compliance to develop the site with a ratio of 100% multi-family units and zero hotel units. 27th 1/2 Street Garage, LLC Agenda Item D2 Page 2 • The applicant has submitted a land use study which shows that by-right a maximum of 305 hotel units or a maximum combination of 265 hotel rooms and 40 multi-family dwelling units could be built on the subject property. Instead, the applicant is proposing to develop 234 multi-family units with no associated hotel units. • In July of 2015, a site plan was approved by the Development Services Center for a Mixed-Use Building Type with 174 hotel rooms and ground floor commercial space. As part of this plan approval, the required parking was to be provided at the northeast corner of 27th Street and Pacific Avenue in a parking structure also to be constructed by the applicant. • This proposal will meet the Mixed-Use Building Type criteria, which requires non-residential uses to be located within the ground floor of the building. The land use study submitted by the applicant shows a restaurant facing the boardwalk and retail facing Atlantic Avenue. • The proposal will meet the minimum parking requirements of the Form-Based Code. No less than 1.30 parking spaces per unit will be provided in a parking structure to be developed at 2701 Pacific Avenue. o OR -280 Oa'r. Zoning History --41. oR ` OR # Request 436 •,sem` , 1 CUP Approved 03/09/1994 --- OR• `aa °L 1 year commercial parking lots R s_-- R 2 NON Denied 02/14/2006 OR 3 STC Approved 12/08/2009 • A i2 0 ' 4 AC Approved 01/08/2014 1 i. OR OR •• A J2 s OR. A=1 OR A-q-2A A-24 OR __ _—eR 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 Staff finds that the proposal sufficiently meets the applicable review standards and recommends approval following the conditions recommended below. Section 7.3.3 of the FBC provides the Review Standards for Alternative Compliance applications, noting that the City Council "shall consider the extent to which the proposed development, taken as a whole" satisfies the standards. Each of those standards is listed below in bold, with a staff comment pertaining to the degree to which the applicant's proposal meets each. 27th %: Street Garage, LLC Agenda Item D2 Page 3 Promotes modes of transportation other than the automobile, including walking and transit. To support biking and walking, as conditioned, the applicant will provide 30 covered bicycle parking spaces, direct pedestrian access to the proposed building from the sidewalk, and construct a fully improved Connector Park on 27th Street which will provide pedestrian connectivity to the boardwalk that is no less than 20-feet in width. Creates a built environment that is in scale with pedestrian-oriented activities and provides visual interest and orientation for pedestrians. Street-facing units, that are not typically included in hotels on Atlantic Avenue, will result in greater articulation of each individual floor by including more balconies, windows, or Juliette balconies. The building will be required to meet all applicable criteria of the Oceanfront Resort District Form-Based Code, which identify a minimum percentage of transparency (windows) on each street facing facade, individual floor heights, overall building height, setbacks, outdoor amenity space, landscaping, and requirements for direct street-facing pedestrian entrances. As conditioned, the building will also adhere to applicable Oceanfront Resort District Design Guidelines, which further address building mass, human scale, articulation, quality hand-scaled materials, and pedestrian orientation. Contributes to a mix of uses in the area that are compatible with each other and work together to create a memorable and successful place. Multi-family units are more likely to be occupied year-round, as compared to lodging units, which are primarily occupied between the months of May through September. Currently, Atlantic Avenue struggles to keep businesses open during the "off-season"due to the drop in the number of hotel guests. This proposed injection of multi-family units will increase the number of residents that are present during the off-season.An increase in residential units to the east of Pacific Avenue will support the ability of businesses to stay open year-round, and will also generate demand for more diverse commercial, service, and office land uses. This diversification of land uses will contribute to a more memorable and successful experience for both tourists and residents of Virginia Beach. Is consistent with the intent of the regulations applicable to the street frontage in which it is located. The site is located on a Shopping Street Frontage Type. This street frontage is intended for the most walkable places in the Resort Area, with a focus on pedestrian movement and activity. Shopping Frontages typically include mixed-use buildings with active uses on the ground floor and office,residential, or hotel uses in the upper stories. The proposed 234 multi-family units will be contained within a "Mixed-Use Building Type" with commercial use(s) on the ground floor. This is consistent with the intent of the Shopping Street Frontage Type. Is physically and functionally integrated with the built environment in which it is located. As shown in the submitted land use studies, the proposed 234 multi-family units are capable of being constructed within the by-right building envelope prescribed by the Form-Based Code. The resulting building will be consistent in height and mass with other permitted development on the east side of Atlantic. Structured parking will be provided one block to the west, and a porte-cochere for limited temporary parking for residents being picked-up or dropped-off will be provided within the first floor of the building and accessed by the Connector Park of 27th Street. Full Connector Park improvements for pedestrians, bicyclists, vehicles, and emergency response will be provided. To limit congestion on Atlantic Avenue, Staff has included a condition regarding minimum clear height and other accommodations for moving vehicles. Advances the goals and objectives of the parking strategy for the District. No alternative is being requested for the prescribed parking requirements. The applicant will adhere to the minimum parking requirement of 1.30 parking spaces per multi-family unit, as prescribed by the Form-Based Code. Data provided by Public Works Traffic Engineering Staff further shows that multi-family units will generate less traffic than hotel units, resulting in a more comfortable environment for pedestrians and bicyclists. The City Council shall also consider the potential impacts of the proposed deviation on surrounding properties and the extent to which any adverse impacts from such deviation can be mitigated. The proposal presents an opportunity to increase activity on Atlantic Avenue in the off-season by providing year-round multi-family units. 27th t/2 Street Garage, LLC Agenda Item D2 Page 4 Recommended Conditions 1. This Special Exception for Alternative Compliance to Section 5.3.2 of the Oceanfront Form-Based Code allows the subject site to be developed with a Mixed-Use Building Type which may contain up to 234 multi-family dwelling units. 2. Unless otherwise specified below, when the site is developed with multi-family dwelling units following the provisions of this Special Exception for Alternative Compliance, the improvements shall substantially conform to the submitted site exhibit titled, "Site Plan Design Concept," as provided by Armada Hoffler, and as dated August 2, 2018. This shall include the improvements shown in the rights-of-way of 27th Street and Atlantic Avenue. Said drawing is on file in the Department of Planning and Community Development. 3. Unless otherwise specified below, when the site is developed with multi-family dwelling units following the provisions of this Special Exception for Alternative Compliance, the improvements shall substantially conform to the submitted undated architectural exhibits titled, "27th Street Apartments." Said drawings are on file in the Department of Planning and Community Development. To further specify,the building shall: - As conceptually shown, exceed all minimum transparency criteria of the Form-Based Code; - Include a minimum of one primary pedestrian entrance on Atlantic Avenue as well as on 27th Street; - As conceptually shown, include reveals, grooves, trim, sills, or other hand-scaled facade elements on each floor associated with the "base" of the proposed building, as defined by the Oceanfront Resort District Design Guidelines; - As conceptually shown, include the aforementioned hand-scaled facade elements on every other floor associated with the "body" of the proposed building, and a distinct design for the "cap"of the building, as defined by the Oceanfront Resort District Design Guidelines; - Meet all clearance criteria and Design Guidelines relating to any proposed right-of-way encroachments; and Unless otherwise required by the Virginia Uniform Statewide Building Code, any mechanical equipment, to include but not limited to HVAC systems, transformers, or equipment associated with wireless communications, shall be screened from being visible from the public right-of-way as well as surrounding private properties and the airspace above. 4. As part of their review, Staff may seek input from the Planning Design Review Committee (PDRC) of the Resort Advisory Commission (RAC) for any revisions to the conditioned exhibits that are proposed through DSC site plan review, to ensure the substantial conformance to the submitted exhibits and compliance with the Oceanfront Resort District Design Guidelines. This condition shall not be construed to require the approval of PDRC to move forward with site plan or building plans review. 5. Approval of this Alternative Compliance shall not serve as an approval of the conceptually shown Open Air Café located to the east of the site in the greenbelt, encroaching door swings, the southern vehicular curb cut on Atlantic Avenue, or any other type of conceptually shown right-of-way encroachment that does not align with the Oceanfront Resort District Design Guidelines. The Open Air Café shall still be required to follow all review policies established by the Resort Management Office and is subject to City Council approval of a franchise agreement. 6. As required by the City of Virginia Beach Site Plan Ordinance and Zoning Ordinance, prior to receiving a Certificate of Occupancy, the subject proposal shall adhere to all applicable parking requirements of the 27th %A Street Garage, LLC Agenda Item D2 Page 5 Oceanfront Resort District Form-Based Code. Additionally, no less than 30 covered bicycle spaces shall be provided. 7. To ensure the vehicular use of the connector park follows all associated City Code requirements, no fewer than two employees of the development shall be present to provide valet and traffic management services for customers of the proposed ground floor commercial uses as well as residents of the proposed apartments. At a minimum, said service shall be provided for the hours of operation of the proposed ground story commercial uses. Unless otherwise permitted by Traffic Engineering and appropriate street signage is installed, no vehicles shall be parked within the right-of-way of 27th Street. 8. Any loading or unloading associated with the proposed development shall follow all established City codes, policies, and procedures. 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. 27th 1/2 Street Garage, LLC Agenda Item D2 Page 6 Comprehensive Plan Recommendations The Resort Area Strategic Action Plan (RASAP) is the comprehensive long range guiding document for planning and development in the Oceanfront Resort District. The RASAP recommends creating great districts with distinctive identities, improving transit and pedestrian connections between destinations, creating a transition from the resort to the neighborhoods, and continuing to focus on achieving a year-round resort.The RASAP specifically recommends to "grow residential" as one of nine Development Strategies. Natural and Cultural Resources Impacts The site is located within the Atlantic Ocean watershed. The previously approved site plan shows that stormwater requirements are able to be met. Following by-right criteria of the Oceanfront Resort District Form-Based Code,the applicant's land use study shows that up to 40 multi-family units could be achieved on the site. This number of units would generate approximately 4 students as compared to 23 students generated by 234 multi-family units. This difference of 19 additional students is important to note, however, Virginia Beach Public Schools has reported that the increase is not an issue of concern. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic By-Right Land Use 2 2,254 Weekend ADT 8,705 ADT1 6,200 ADT—Level of Service"C" By-Right Land Use3 Atlantic Avenue (Summer,weekday 2017) 9900 ADT—Level of Service "D" 137 Weekday ADT 11,100 ADT—Level of Service"E" 223 Weekend ADT Proposed Land Use' 805 ADT 'Average Daily Trips 2265 Hotel Units 340 mid-rise residential units with 10 4234 multi-family high riseresidentialunits floor commercial with 1"floor retail Public Utility Impacts Water City water service has been addressed through the DSC approved site plan from July of 2015. Sewer City sewer service has been addressed through the DSC approved site plan from July of 2015. 27th %2 Street Garage, LLC Agenda Item D2 Page 7 By-Right Land Use Study ZM:worainoonce.st we awe v.s... .a.10.1 s n.: • WRI1,144 't • L_; ii___ Ellettlk ama 7 ± . e nan 4 ----- nI w.:'ak t _....._rola 4 ----- eu,•w- .-r.asoma _ - _. .q-.-_ ntt.•rnr ' ,.noa• -.-_- nrv.wr 4 r.NZ-- 7 t 4,3tF.'1:.1(!6[5 Q,x.Yrd t A'IA1.41, r- OV 'K• As of Right Zoning Area / Unit Analysis Requirements Floor Hotel/Retail area Hotel Keys Residential Area Residential Keys Total Area 27th Street Set Back: 10'-0' 1. 9,250 1,000 10,250 2. 5,000 11,000 16,000 Max Podium Height 100'-0" 3 16,000 21 16,000 4. 16,000 21 16,000 Max Building Height 200'-0" 5. 16,000 21 16,000 6. 16,000 21 16,000 Tower footprint above 100' 15,000 SF 7. 16,000 21 16,000 8. 16,000 20 16,000 Width of tower along bdwk 80%of lot width(80'1 9. 16,000 20 16,000 10. 15,000 20 15,000 Building setback on Bdwalk 1:1.5'above 160' 11. 15,000 20 15,000 12. 15,000 20 15,000 Max Total Units: 305 Hotel units or 265 hotel 13. 15,000 20 15,000 units plus 40 residential units 14. 15,000 20 15,000 (15%of total hotel units)as per 15. 15,000 20 15,000 2017 FBC 16. 13,200 10 13,200 17. 13,200 10 13,200 18. 12,000 10 12,000 19. 12,000 10 12,000 TOTAL 216,250 GSF 265 keys 62,400 GSF 40 units 278,650 GSF B H - UNIT COUNT AND AREA CALCULATIONS 27TH STREET DEVELOPMENT.VIRGINIA BEACH 2018.04.20 27th %2 Street Garage, LLC Agenda Item D2 Page 8 By-Right Land Use Study `4S7 184'-0' BOH DELIVERY 1 17- F I Eu Imo{ RESTAURANT HOTEL :: RESIDE N11AI B12 LOBBY LOBBY LOBBY ` _\i lI RETAIL ail 111 L------ — — - -------- — - ----------- Ik 174'-0' 1 27TH STREET GROUND FLOOR SCALE-•r16--I-0- 21TH STREET DEVELOPMENT.VIRGINIA BEACH mwr''. 11 ''''' 2018.06.07 00 16 32 64 184'-0' HOTEL LOUNGE HOTEL (-i ADMINISTRATION 1 \ rn IM \ 1 \ i iii i AMENITIES RtSIDEN I IAL LEASING 174'-0' SECOND FLOOR SCALE-1/16-=1'-CE 27TH STREET DEVELOPMENT,VIRGINIA BEACH 2018.06 07 00 16 32 64 27th %2 Street Garage, LLC Agenda Item D2 Page 9 By-Right Land Use Study 01 19 20 illti . Nil ..,,. t . 1 \ \14 - ........ co . . 1 1 13 ...,.......41! J I 7-tili — 1 11E01 •L_____r . ...,,,, , • .; • .1 ri .".... I I 1-= HOTEL t - 02 03 04 , el - 1 OP1MFOR UNIT 12 MP.711461.0066 i GUEST ROOM I my.) i '2 11 10 09 081 07 06 06 1 L. _ _ _ _---------------------------i BHC 3RD-9TH FLOORS-HOTEL GUESTROOMS scAL.E-vir=v-cr I 27TH STREET DEVELOPMENT,VRGNIA BEACH ....f............ .."." .•.. . 2016.06.07 00 16 32 64 . 4 15 16 17 :18 19 20 01 I ,, __- _ ..- , i U I EL2 F' LI ,. ...— — 13 -----,-----=' " r 7 _ r 71 .'—ir i -- 02 03 ss ) 1 nu nu HOTEL GUEST ROOM (TYP.) 12( 11 10 09 08 07 06 05 10TH - 15TH FLOORS - HOTEL APARTMENTS SCALE-1/16'=I-0- 27TH STREET DEVELOPMENT,VIRGINIA BEACH m., mmouni 2018.06.07 00 16 32 64 27th 1/2 Street Garage, LLC Agenda Item D2 Page 10 By-Right Land Use Study ........1.; 06 10 01 I 1 I - 1 h. 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L m `o o 8 i A m 8 8 m 5 2 _ L'':' c > i W W E c N � N W V � l \ 1 1I, ' N AEEEi. -® ENAE E EA ER o ■ i® E ® tEEEf E ' . k, N > 1 NEI El 1 Ell AEN El EN I W IEi - i ® ■ ® ■ E ® ■ ■ ■ ■ i �; W 1111= '''-- Z MIMI ' 1.........111.1117 I II:1117 --I : Ii A ��Lam■ , _..■ a u F- z a J 1- a a I— v) W 27th 1/2 Street Garage, LLC . Agenda Item D2 Page 19 Proposed Conceptual Renderings • A - Fid = , - - 1 1 sainormis 11 I - I, Ir ' dir:- . - 1 --.air,,.. ir ,SlitUr , I � -- —t -, r„Pli n w t�� ® 1 I s�1MIII w I - ;, =.� i « .. 11 - ,..Is...., �,� \t\ tali I I \;P I� - I I I 1 t t'�iliii%_ 0104 mi...1 im ,, .____, maw. IIsi .- ' : 1:11_ IlIII ' III \.111 ' \ . LLLLL ) J ; / : / : / ; 11r`�.,.�.�i..`, ...iiri_� a�,ii S - 1% I { I I I i i i �l l �l 1, i i I i r i i :,! ..= 1__ I__ I__ i __ I_ !_ i__ i__ i_ ter To l0 T2 a) - _c - c0 �i C "O C O -C co - O E o " � .�'n O I V) E OD 4—Cti) U 01 C •Y N - - , 0! O D c0 5 0 ON E 27th %2 Street Garage, LLC Agenda Item D2 Page 20 Proposed Conceptual Renderings t -- 1 1 1 ,w \ ;•- \.►raua. ii.,_,, :__ t I. 1 1 1 ! 1 , "‘ 6,. 'r, s . I I I I 1 1 1 1 1 1 \ \ \ . ', , I la— iii b{ =� I . 1 34 ,.` I . f,F '511341. i C Al Al , ' to ,4 I I, , 1 l 1 it f0 f6 in CO 11 4 v c o t rra ho = - JD t o2 on u v c o v v li ° o E ° I 1 1 27th % Street Garage, LLC Agenda Item D2 Page 21 Proposed Conceptual Floor Layouts Delivery curb cut on ATLANTIC AVENUE Atlantic Avenue is not approved N t (O � O _ W J U O y !n Co CC J_ Q W C C 1 Elm.— i IDI _,. ,z— ,-,. �,1 ' 1 1 I— W W W Wcn n m LL N � m m — p J Q, O , Q I I U Q m i Q F 2 Z (7 Q N d ICC I{ .ice L 5. cip W $ OLu - fl,—,F1- i_ u_ 2 W Z H 4G/ W O x E O O Ct =co BOARDWALK 0 c4 N Door swings and other encroachments into right-of-way are not approved. 27th %2 Street Garage, LLC Agenda Item D2 Page 22 Proposed Conceptual Floor Layouts a I 1±- 1 7 0 rn: (NY cn/ Ilfilfircn Lu u_ H 4.4 ( 1411 u.j a. 2 0 0 l iiI o0 Jo _ - - __ LL IT; ---- - Z o oCLKI E H w we N N 27th 1/2 Street Garage, LLC Agenda Item D2 Page 23 . _ Proposed Conceptual Floor Layouts r cc W J 0 . U) . Ln o cc t- h F-5E, 1 ',`,1 In 111111 h /l.J I O e = r-- Jr L CO co U 1 j__ j— 6' I T d7 G VJ Q: � I I Z 1 Ie1I 1 Ce b 1 co CO 5Z 0 1 > of J Lii r ry u- 1 v I[ - - I w o o LO w 1 �cn 0 0 LLN H� CO N N 27th 1/2 Street Garage, LLC Agenda Item D2 Page 24 Disclosure Statement Vitgi; APPLICANT'S NAME DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all application<_ that pertain to City real estate matters or to the development and/or use 01 property in the City of Virginia Beach requiring action by the City Council of 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 A• eals Certificate of Floodplain Variance Appropriateness Street Closure Historic Review Board Franchise Agreement Chesapeake Bay — Preservation Area � Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law, SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures must Pe updated two I?)weeks prior to any Page 1 of 7 Flamini Commission and Cit. Council meeting that,-ertains to the a,.pIication(s) 0APPLICANT NOTIFIED OF HEARING _DATE 12/ NO CHANGES AS OF [1-// J/ DATE (of o P jet El REVISIONS SUBMITTED DATE 27th %2 Street Garage, LLC Agenda Item D2 Page 25 Disclosure Statement Virginia Beach EI Check here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. Check here if the APPLICANT L5 a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:27 1/2th Street Garage,LLC If an LLC, list all member's names: 27th Street Floiding,LLC-See attached 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 footnotes1 and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Applicant. Check here if the PROPERTY OWNER IS NOT a corporation, partnership, firm, business,or other unincorporated organization. Fl 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:27th Street Hotel Associates,LLC If an LLC, list the member's names: Page 2 of 7 27th 1/2 Street Garage, LLC Agenda Item D2 Page 26 Disclosure Statement I . Virginia Beach If a Corporation, list the names ofall officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship' means `a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code § 2.2-3101. 2 "Affiliated business entityrelationshfP" means 'a relationship, other than parent-subsidiary relationship, that exists when (i)one business entity has a controlling ownership Interest in the other business entity, (ii) a controlling owner In one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business 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 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 § 2.23101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided .n connection with the subject of the application or any J.usines5 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 Paw_ 3of7 27th Y2 Street Garage, LLC Agenda Item D2 Page 27 Disclosure Statement AP3 APPLICANT Virginia Reach YES I I NO SERVICE PROVIDER(use additional sheets If needed) U XI Accounting and/or preparer of your tax return N'l I I Architect/Landscape Architect/ Beatty Harvey Coco,PLC ,• •� u Land Planner Kimley Horn Architecture Contract Purchaser(if other than the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed U LJ lu1 purchaser of the subject property (identify purchaser(s)and purchaser's service providers) QConstruction Contractors Armada Her Construction Company X U Engineers/Surveyors/Agents VHB Financing (Include current Towne Bank X mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) [XI Legal Services Faggert and Frieden Real Estate Brokers / I I 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 n X an interest in the subject land or any proposed development contingent on the subject public action? if yes, what is the name of the official or employee and what is the nature of the Interest? Page 4 of 7 27th % Street Garage, LLC Agenda Item D2 Page 28 Disclosure Statement Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, o meeting of any public body or committee in connection with this • )iii is _ ir .40111. Chris Harvey 5/23/18 A•' ICAr sp NATURE PRINT NAME DATE - 1 Page 5ci7 27th %2 Street Garage, LLC Agenda Item D2 Page 29 Disclosure Statement OWNER Virginia Beach YES NO SERVICE PROVIDER(use additional sheets If needed) El ® Accounting and/or preparer of your tax return ❑ Architect/Landscape Architect/ Kimley Horn Architects Land Planner ❑ Contract Purchaser(if other than the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed I�I © purchaser of the subject property I I (identify purchaser(s)and purchaser's service providers) ZConstruction Contractors Engineers/Surveyors/Agents Financing(include current Towne Bank I\,I ❑ mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Faggert&Frienden Z Legal Services Real Estate Brokers/ .1 ® Agents/Realtors for current and anticipated future sales of the subject property • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have an interest in the subject land or any proposed development 111 El 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 27th 1/2 Street Garage, LLC Agenda Item D2 Page 30 Disclosure Statement Ik,"3 Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. II 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. A.Russell Kirk 5/23/18 PROPERTY OWNER ICH/MIRE PRINT NAME DATE Page 7 of 7 27th Y: Street Garage, LLC Agenda Item D2 Page 31 Disclosure Statement 27 1/2 Street, LLC Members Daniel Hoffler Daniel Hoffler 27th Street Hotel Family Trust A Russell Kirk A Russell Kirk 27th Street Hotel Family Trust Mike Standing John Davis Eric Apperson W. Christopher Harvey William R Harvey Nero Family RE, LLC Bruce Smith Divaris 27th Street Associates,LLC Hampton University 27th 1/2 Street Garage, LLC Agenda Item D2 Page 32 Item #D2 27 th Street Garage, LLC Alternative Compliance (Section 5.3.2 of the Oceanfront Resort District Form Based Code) 2613, 2701, and 2705 Atlantic Avenue & 2705 Atlantic Avenue & 203 27th Street& 2701 Pacific Avenue District—Beach October 10th, 2018 APPROVED Mr. Ripley: Before you hear this, I think I have mentioned to you and also the last item came up I abstained, it's the last item, I would like to leave, I am abstaining because I have a company and I wasn't aware of it, and engage the applicant on a subcontract the portion of the property and so I need to step away from this, so that's why I am abstaining. Mr. Horsley: I am going with him because I am riding with him today. Ms. Kwasny: I have to leave at 3:15; I mean I have a meeting starting at 3 but I will miss 15 minutes, I might be able to get some of the center, alright, let's do it. Mr. Redmond: Madam Chairman, not to shake your confidence further, but I have to abstain myself the principals and the company where I work, our partners in the project. Ms. Cartwright: Next is agenda item number D2, 27-1/2 Street Garage, LLC, an application for an alternative compliance section to 5.3.2 of the Oceanfront Resort District Form-Based code on the property located at 2613, 2701, and 2705 Atlantic Avenue and 203 27th street and 2701 Pacific Avenue in the Beach District. Mr. Bourdon: Thank you, for the record, Eddie Bourdon Virginia Beach attorney representing the applicants, I want to mention that with me today are Mr. Bruce Smith who is the one of the managers of 27th Street Holding LLC, the partnership that controls all of the properties that are subject to the application. He is the majority equity holder in the partnership and the second largest equity holder in the partnership is Hampton University. Mr. Chris Harvey is here, he is in-charge of the development of all these properties for Armada Hoffler Construction. The first thing I will say is to spare Ms. Oliver from having to listen to me pontificate, as she did at the RAC meeting last Thursday afternoon, extensively. I think you indicated placing this on the consent agenda but wanted a few things addressed. I will stand down from speaking other than to say this, I want to thank on behalf of the applicants, this Commission for its input both in July and September and same goes for the PDRC committee and with RAC, who have reviewed this, I think on three occasions. And most importantly our very professional staff, and our Director, and the efforts of other City Staff. The work they put forth with this application are greatly 1 appreciated. Having said that, also before entertaining questions, there have been two additional conditions added that you all should have. Kristine has provided better in-response in one case to comment from PDRC that's number nine, and number ten addresses one of the two RAC support letter conditions and that's the activation of Atlantic Avenue, and we are in agreement with both of those but I will hastened to point out that condition that request from RAC is diametrically opposed to putting the entrance on the Atlantic Avenue, so one or the other will prevail but that's something that, City Council will make that determination with regard to access. Your staff believes and we believe that the access from the stub street from the connector part as it has been designed, all of which is paid for by the developers not the city but which will be barrier free for pedestrian access, no parking will be allowed there...We believe that's the better course; however, I will hasten to add, I certainly indicated at the RAC meeting that we, it can be done moving the access to Atlantic Avenue which probably can be done, not 100% certain, we are certainly amenable to looking at doing so, we are not sitting here saying, "heck no we won't move it," and so it's very clear I have been, I indicated to Council that we were looking to it, we would get with them and with the City Manager and staff and Council and if that's the way, the way the Council wants it, we will make every effort to see that that occurs,but again at this point we have a staff recommendation for approval, we have an approved plan that includes that access; however, this is a modification to that but anyway that is an issue that council will have to resolve but we will be there to cooperate with council and with the PDRC to try to make it the best, it can be regardless of where the access winds up being safe and one that will work and I hope that addresses well, I think that one of the things that you will talk about the informal this morning. Ms. Oliver: Any questions for Eddie. Thank you, okay. Alright, we don't have any speakers with this. Ms. Cartwright: We do not, alright so we will... [Crosstalk] Ms. Kwasny: Hold on, I have one question. The additional couple of floors on the top just wonder where they how we arrived to that? Mr. Bourdon: The amount of density that can be put on the property we are well below that and the adding a couple of floors of penthouse units that were rented 40,000 dollars a year given all of the goals and aspirations that we have for the resort area and all of our consultant reports about needing to have the year-around residents with disposable money to spend and hopefully keep existing business open but more importantly drawing new businesses, higher and better retail and additional restaurants and other commercial enterprises that will make it a more livable year-around area at the resort, we felt it was a wise thing to do once I was retained and we started going through the numbers and looking at how the goals of and I won't go through them all of the Form-Based Code and most importantly the consultant reports are better addressed by having higher-end luxury apartments down there and that's the primary reason and we are well below the density that would be permitted by right if it were shared 190 apartments and then hotel for 2 the rest which we could do but that's to be a solid luxury apartment building in community, you need to have security, you need to have the amenities that this product will have and you need to make sure that there aren't people coming and going that aren't keyed and security is key and that's ultimately that's a short answer and going to a longer one. Ms. Kwasny: My question was the old Form-Based code which this falls under had a 70:30 overall floor area so I was and I know that you are at 44% so I was just wondering whether or not those two floors were the tipping point. Mr. Bourdon: No maam, absolutely not. Ms. Kwasny: Okay because they are new?Right? On this design or not, am I wrong? So I was wondering if they were part of the percentage that was taking you over the 30 because 44 is half of 30, so you are another 50%, so 44, you are 14%, to get 30 then you are almost... Mr. Bourdon: There is a one-third increase over the 30% and that(code criteria) doesn't apply to anybody. Ms. Kwasny: You mean of residential units? Mr. Bourdon: Of residential units that's exactly right. Ms. Kwasny: Okay, alright. Mr. Bourdon: That's exactly right, it's a 14.8% increase from 30-44.8 okay and that all that is providing additional people, additional disposable money. Ms. Kwasny: I don't have any problem with the residents. Mr. Bourdon: And the key part at least I believe the key part is that there is, we don't have anything in the middle of the resort, we need eyes, we need people, we need people there year- around and it does not, the way it's been structured, the way it is does not set a precedent and the new rules that are in place, they don't apply to this, 15% of units, you would have to accumulate twice the amount of land you had to build one heck of a hotel and then you could potential try to argue that you could'have 22-1/2 units for percent of the hotel units, so this was the biggest most expensive re-development all funded by the applicants, so it's not a tax payer penny in this the city has ever seen, it's a great endorsement in my view, some of the decisions that city has made in the past to seed money for some parking structures at the Oceanfront in order to get the revitalization, I have given you a handout this morning that shows the tax revenue generated by this re-development over what was there before, it's astronomical. It's fantastic. We should be celebrating what's going on. I will be happy to answer any questions. Ms. Oliver: Yes Mr. Horsley. Mr. Horsley: You address the access, I mean, we are very protective of our stub streets and the views that come from driving the Atlantic Avenue so I think you have addressed that and you are 3 going to put a foot forward, your best foot forward to see if there is a way to do that but at the same time not trying to put a square peg in a round hole if it doesn't work, it doesn't work but you are going to look into ways to do that whether it's maybe just making the entrance come in on the corner and then you exit through the stub street or something, you are going to look into it. Mr. Bourdon: Honestly with the assistance of staff, our engineers, we are going to honestly try to determine if there is a way that everyone can get on board is a better way. Ms. Oliver: That's good. Mr. Horsley: Okay. Mr. Bourdon: The Councilman, obviously, it's his district. Mr. Redmond: Last question I have for you is one of the drawings that we saw that had over on the Ocean's 27 restaurant that enclosed because right now when I look at this, the outside park is essentially to me an amenity to this residential development that you are going to do. If you were to enclose that, not only do you take away the view from that stub street, I think you take away an amenity from the existing hotel and from your future tenants in this building. Are there any assurances that you are not going to try to encroach into the stub street or Mr. Bourdon: I understand totally your question and I very much appreciate the question. When the deal was made with Mr. Maddox for his property that proposal that was the plan was to build the three stories, retail, restaurant space, etc. and I would say that my clients are very happy with the fact that they didn't do that. The reality is that the entertainment venue, open air restaurant, and bar that is there at Ocean 27 has been an overwhelming success. It is an amenity. It adds to the sense of place that this whole redevelopment of 27th street will create. They have financing in place for the existing part that has been developed and there is a 95 years left land lease on the property. There is economically, financially no foreseeable reason that they would want to change that, the amount of investment that they would have to make to build that structure there is no likelihood that they would be able to get a return on it that would make any sense given the good return and if you look at the information I provided you, you can kind of figure it out that they are doing extremely well at Ocean 27 and to change that other than to expand it but not by closing it in and they do have plans to make some expansion, second floor seating area etc. but that's not foreseeable that it would ever make sense to do that and when we were going through the process with PDRC, you know, that came up as a topic from the standpoint of why don't you show us and include all of that's square footage not just what you are currently using which I went through that and explained that we have, it would be kind of misleading because we don't have any intention to do so and so to increase that space by another 12-13,000 square feet and thus reduce our number or percentage down to 43% when we don't intend to build that and we may never build that and certainly not in the forcible future build out all that space, we didn't do that. Mr. Billy Almond and I had exchanged information back and forth on that, so we didn't do 4 it because we don't plan on enclosing that space but in order to do anything adding space makes a percentage lower, so it's kind of countered to the alternate compliance, so all I can sit here and tell you that there is zero likelihood in the foreseeable future that that would happen. Now but the bank that holds the loan isn't going to allow us in all likelihood to come in and put some type of a permanent restriction on the possibility of doing what might be legal that would add to the amount of square footage that is not residential and reduce the alternate compliance, similarly Mr. Maddox might have an issue with it, he probably wouldn't if it's something that went away, the lease goes away but leave that as it may we are not in a position to say under that we will forever in perpetuity agree that it's going always be exactly the way it is but it would be detrimental to I believe and I think my clients believe it would be detrimental to the apartment complex if we just put that glass structure up there but the biggest thing, the most important thing is economically, you'd be spending a lot of money and the sales would not be able to sustain the return that they are getting if you look at what the taxes and you can back into the gross, it's a huge number that's coming from that and you just you can't expect any real increase by enclosing it and making it something else, it just, it's a very successful and we think it will, having the full time residents next door will only add to that. Mr. Redmond: Thank you. Ms. Oliver: Anybody else have any question for Eddie,we don't have any other speakers. Ms. Fisher: No. Ms. Oliver: Right, so we are going to close this hearing and open it up to the commissioners. Mike. Mr. Inman: This is a very interesting project and it's forward thinking and it's bringing the dimension to the beach area that we have all wanted to see happen in terms of residential construction,residential opportunity and very nice design and coordinated design amongst the three structures that will be part of this. I have been concerned as others have about the access and the impact on the stub street, it's pretty and I felt all along it's squeezing it a little bit as how it's been developed but I understand the traffic concern, I understand the safety concern that have been expressed by our staff and but I am happy to hear that the applicant will explore an opportunity to modify it to allow it to be more pedestrian and less vehicular but if that doesn't happen, somewhat comforted by item seven and the conditions that it says that they are going to have no fewer than two employees present at all times to provide valet and traffic management services for customers of the ground floor commercial uses as well as residence of the apartments and further that another condition is that they have to meet all clearance requirements and design guidelines to propose right-of-way encroachments so trusting the staff and taking the applicant at his word about their efforts, I would support the application as proposed. Ms. Oliver: Karen. 5 Ms. Kwasny: Yeah, I follow Mike's thinking. I think that we've worked really hard on this for the past couple of months and I think we have gotten to a place where that stub street, if it has to be the answer especially in relations to some of the things Rick pointed out, we can live with it. I like the idea of them preserving that outdoor restaurant, it's, I think that's actually part of the way the stub street works right now,but I am glad they are exploring the possibility of bringing the traffic in through Atlantic, I am not ever a fan of You have a 70:30, that's the Form-Based Code that they fall under, I don't like it when we push the envelope to 44, but a little comforting when Kathy Warren says to me, "It doesn't set a precedent," but I don't like it when we go, we shift guidelines a little bit, no big deal because that can happen and keep shifting them but I think it's a good project, I think they worked really hard to address our concerns from the very start and frankly I would like to make a motion to approve it, recommend approval. Ms. Oliver: Do we have a second? Mr. Inman: I second. Ms. Oliver: Okay. Ms. Cartwright: By recorded vote of 7-0 with two abstentions item number D2 has been approved. Ms. Oliver: Oh I got to close it, I am so sorry, everybody got up, alright hold on, we are all done, right that was it. AYE 7 NAY 0 ABS 2 ABSENT 2 HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE REDMOND ABS RIPLEY ABS RUCINSKI ABSENT THORNTON ABSENT WALL AYE WEINER AYE 6 CONDITIONS 1. This Special Exception for Alternative Compliance to Section 5.3.2 of the Oceanfront Resort District Form-Based Code allows 2613 Atlantic Avenue to be developed with a Mixed-Use Building Type which may contain up to 266 apartment units. The area occupied by said apartment units may not comprise more than 44.88% of the unified development project consisting of 2613, 2701, 2705 Atlantic Avenue, 203 27th Street, and 2701 Pacific Avenue. Per Section 5.3.2 of the Oceanfront Resort District Form-Based Code that was in effect on May 23, 2017, the area occupied by structured parking shall not be included in the area calculation of the project. 2. Unless otherwise specified below, when 2613 Atlantic Avenue is developed with multi-family dwelling units following the provisions of this Special Exception for Alternative Compliance, the improvements shall substantially conform to the submitted site exhibit titled, "Site Plan Design Concept," as provided by Armada Hoffler, and as dated August 2, 2018. This shall include the improvements shown in the rights-of-way of 27th Street and Atlantic Avenue. Said drawing is on file in the Department of Planning and Community Development. 3. Unless otherwise specified below, when 2613 Atlantic Avenue is developed with multi-family dwelling units following the provisions of this Special Exception for Alternative Compliance, the improvements shall substantially conform to the submitted undated architectural exhibits titled, "27 Atlantic." Said drawings are on file in the Department of Planning and Community Development. To further specify, the building shall: - As conceptually shown, exceed all minimum transparency criteria of the Form- Based Code; - Include a minimum of one primary pedestrian entrance on Atlantic Avenue as well as on 27th Street; - As conceptually shown, include reveals, grooves, trim, sills, or other hand-scaled façade elements on each floor associated with the "base" of the proposed building, as defined by the Oceanfront Resort District Design Guidelines; - As conceptually shown, include the aforementioned hand-scaled façade elements on every other floor associated with the "body" of the proposed building, and a distinct design for the "cap" of the building, as defined by the Oceanfront Resort District Design Guidelines; - Meet all clearance criteria and Design Guidelines relating to any proposed right-of-way encroachments; and - Unless otherwise required by the Virginia Uniform Statewide Building Code, any mechanical equipment, to include but not limited to HVAC systems, transformers, or equipment associated with wireless communications, shall be screened from being visible from the public right-of-way as well as surrounding private properties and the airspace above. 4. As part of their review, Staff may seek input from the Planning Design Review Committee (PDRC) of the Resort Advisory Commission(RAC) for any revisions to the conditioned exhibits 7 that are proposed through DSC site plan review, to ensure the substantial conformance to the submitted exhibits and compliance with the Oceanfront Resort District Design Guidelines. This condition shall not be construed to require the approval of PDRC to move forward with site plan or building plans review. 5. Approval of this Alternative Compliance shall not serve as an approval of the conceptually shown Open Air Café located to the east of the site in the greenbelt, encroaching door swings, the southern vehicular curb cut on Atlantic Avenue, or any other type of conceptually shown right-of-way encroachment that does not align with the Oceanfront Resort District Design Guidelines. The Open Air Café shall still be required to follow all review policies established by the Resort Management Office and is subject to City Council approval of a franchise agreement. 6. As required by the City of Virginia Beach Site Plan Ordinance and Zoning Ordinance, prior to receiving a Certificate of Occupancy, the subject proposal shall adhere to all applicable parking requirements of the Oceanfront Resort District Form-Based Code. Additionally, no less than 30 covered bicycle spaces shall be provided for the apartment units. 7. To ensure the vehicular use of the connector park follows all associated City Code requirements, no fewer than two employees of the development shall be present to provide valet and traffic management services for customers of the proposed ground floor commercial uses as well as residents of the proposed apartments. At a minimum, said service shall be provided for the hours of operation of the proposed ground story commercial uses. Unless otherwise permitted by Traffic Engineering and appropriate street signage is installed, no vehicles shall be parked within the right-of-way of 27th Street. 8. Any loading or unloading associated with the proposed development shall follow all established City codes, policies, and procedures. 8 I 11 ! IiiI 11* I I: 1 ii I i t k IP iii , I , [ 1, l:! ! • Illi. ''',-) illr.., ---- _ • , t ,,, - __.) -- 'II 1 ,,,.. 0 ' ,' ifrA,-, -• ---c- c'-'4 0 <--- ' N, , --\ ..:: ,•/ .z \ a.: ,-;;;.% ...., ._ „ .a.a... t i , ,.s' ? 41 .. -- 0- --_:. _11 I! 01. 6r, 41 4W7.e . • , Npiplir 46/,;24#7cf> ajc\N>, 4 /9/ N __ . • /g 0 ' I I o NI --- (.9 101111111111P< -. ce , ," , • ,..,, ,•, ... . , ..\\N ---\ ...t_...,,. ' 4,.. • '• '''N. / a ... ,„/ .... . , 0N 00a 1 c.). •-1•. ! ,I.N' NCr1 * m .-- -,... • .. re IX LE' ? I it . .. --re ,t. • , r Com. SI 1 ,.. .1 s i .ti _ CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: DAM NECK STORAGE PARTNERS, LLC [Applicant & Property Owner] Modification of Proffers to a Conditional Rezoning and Modification of Conditions to a Conditional Use Permit (Bulk Storage Yard) for the property located at the southeast corner of Harpers Road and Dam Neck Road (GPINs 2405631630 (part of), 2405332394). COUNCIL DISTRICT— PRINCESS ANNE. MEETING DATE: November 13, 2018 • Background: In August 2015, the City Council approved a Conditional Rezoning from AG-1 and AG-2 Agricultural Districts to Conditional I-1 Industrial District and a Conditional Use Permit for a Bulk Storage Yard on approximately 28 acres of a 162 acre property. As part of the 2015 application, the applicant requested a Change of Zoning of a 30-foot wide strip of land from R-20 Residential to I-1 Industrial for the sole purpose of creating a private easement for an access road to the proposed storage yard. The proposed private easement would allow commercial traffic to access the storage yard from London Bridge Road, via Castleton Commerce Way; however, the easement was never recorded. Since the approval in 2015, the land where the easement was proposed has been sold without the benefit of the recorded easement. The applicant is requesting to modify the vehicular access, which requires both a modification to the proffer agreement and a modification to the conditions of the Conditional Use Permit. Vehicular ingress/egress to the site is now proposed via a proposed ingress/egress easement on the larger parcel to the east, where an existing curb cut along Dam Neck Road exists. The applicant is also seeking to modify Condition 3 of the Conditional Use Permit to eliminate the height, width, and length maximums established for the storage containers that will be located on site. Originally, the Conditional Use Permit limited the storage containers to a maximum of six feet in height, eight feet in width, and forty feet in length. The applicant is requesting that the size requirements be removed to accommodate storage containers that may vary in size. Condition 4 of the Conditional Use Permit prohibited the use of all generators on the site. The applicant is requesting to modify this condition to limit the prohibition of generators to only the use of any external generators, as internal generators Dam Neck Storage Partners, LLC Page 2 of 4 could be used on site for the purpose of operating recreational vehicles, food trucks, ice cream trucks, etc. that may be stored on site. • Considerations: Traffic Engineering Staff concluded that Dam Neck Road is a viable vehicular ingress/egress alternative to the approved access. Additional and modified pavement markings will likely be required, but the use of Dam Neck Road is preferred over Harper's Road, where an entrance would unavoidably be located in a curve. In 2015, the dimensions of containers was apparently underestimated. The elimination of the size of the containers is acceptable to Staff, noting that the prohibition of stacking containers is still recommended by both Staff and the Planning Commission. Finally, the applicant indicated that trucks with internal generators may be parked on the property, such as food trucks and ice cream trucks, which, according to the applicant, are not anticipated to disrupt adjacent property owners. It is important to note that this site is located in the greater than 75 dB DNL noise zone and is impacted by a Navy Restrictive easement. On May 12, 2014, the applicant received a letter from the Department of Navy, Naval Air Station Oceana stating that the proposed Bulk Storage Yard appears to be compliant with the language of the restrictive easement and is, therefore, an appropriate use for this site. Further details pertaining to the request, as well as Staff's evaluation, are provided in the attached Staff report. There were three speakers in opposition at the Planning Commission public hearing. The speakers raised concerns about the use of generators on the property, the effectiveness of the proposed screening, noise from the site and potential flooding issues. ■ Recommendations: The Planning Commission passed a motion to recommend approval of this request by a vote of 9-0. Proffer Agreement Proffer numbered 1 as set forth in the 2015 First Amended Proffers is hereby re- adopted and shall read: When the Property is developed, it shall be developed into a bulk storage facility within heavy landscape buffers as shown on the exhibit entitled "CONCEPTUAL SITE LAYOUT 7 LANDSCAPE PLAN OF CREECH OUTSIDE STORAGE, Virginia Beach, Virginia", dated March 24, 2014, and prepared by MSA, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning & Community Development (hereinafter "Site Plan"). Dam Neck Storage Partners, LLC Page 3 of 4 Conditional Use Permit 1. Access to the Bulk Storage Yard shall be from Dam Neck Road from an existing 30-foot private ingress/egress or as otherwise approved by Traffic Engineering. As required by the Zoning Ordinance, the vehicular ingress/egress to this site from Dam Neck Road or any other easement or right-of-way shall be of a like zoning of the Bulk Storage Yard site or a more intense zoning classification than that of the Bulk Storage Yard property. The rezoning of the commercial entrance to the site via the private ingress/egress easement, as depicted on the proposed plat entitled `Subdivision Plat of Parcel D, dated July 27, 2018', and prepared by MSA, P.C, shall be approved by City Council prior to site plan approval of the Bulk Storage Yard. 2. The Bulk Storage Yard shall be used for the storage of licensed and operable motor vehicles including: cars, recreational vehicles and buses, and boats on trailers that are licensed and operable (the trailers), including panel trucks that are not permitted to be parked in residential communities. No storage of construction equipment shall be permitted at this facility. 3. No equipment shall be stored in the Bulk Storage Yard other than in fully enclosed steel storage containers. No storage containers shall be permitted to be stacked. Any storage containers on the property shall be located on the ground. 4. External generators shall be prohibited from operating at any time on the property. 5. All outdoor lighting shall be shielded to direct light and glare onto the premises. Said lighting and glare shall be deflected, shaded, and focused away from adjoining property. Any outdoor lighting fixtures shall not be erected any higher than fourteen (14) feet. 6. No freestanding signage shall be permitted along the Dam Neck Road frontage. 7. Access to the facility shall be restricted by a gated entry containing a keypad. Access shall be available only from 6:00 a.m. until 10:00 p.m. 8. The storage facility shall not be used for any purpose other than the storage of vehicles and goods as identified in Condition 2. No person shall be permitted to reside at the facility, and no other repair, retail, or other similar business shall be conducted on the site. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Proffer Agreement Dam Neck Storage Partners, LLC Page 4 of 4 Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. f Submitting Department/Age : P - • ing Department /- , City Manager: , Applicant& Property Owner Dam Neck Storage Partners, LLC Agenda Item Public Hearing October 10, 2018 City Council Election District Princess Anne 6 Cil,, Virginia Beach Request Modification of Proffers Modification of Conditions (Bulk Storage Yard) Staff Recommendation >75dBDNL eonN.K"."4/ Approval Staff Planner Marchelle Coleman \,. Location "` Southeast corner of Harpers Road &Dam Neck c.k+ \, 70-75 o w Road GPINs �-- 2405631630(Part of)&2405332394 Site Size i'-. 11.%, -- 28.74 acres5540 DNS Ne.. �� AICUZ Greater than 75 dB DNL,70-75 dB DNL Watershed Southern Rivers Existing Land Use and Zoning District Undeveloped land/1-1 Light Industrial -. c. Surrounding Land Uses and Zoning Districts o ;. North k i.. ..�� - Dam Neck Road Dai,check R��e Cultivated fields/AG-2 Agricultural,AG-1 Agricultural South Self-storage facility,single-family dwellings/1-2 ,`` ` 4,4, Heavy Industrial, R-20 Residential ±„ t ' East ;:4 N. ` 'N Woods/R-20 Residential,AG-1 Agricultural Ij .\'`.�N West Y .�` ,\ ' e N a • Harpers Road _ Woods/AG-1 Agricultural M. �` \�` Y y "� • ` Dam Neck Storage Partners, LLC Agenda Item 6 Page 1 Background and Summary of Proposal • In August 2015,the City Council approved a Conditional Rezoning from AG-1 and AG-2 Agricultural Districts to Conditional I-1 Industrial District and a Conditional Use Permit for a Bulk Storage Yard on this portion of a larger property. • As part of the 2015 application,the applicant requested a Change of Zoning of a 30-foot wide strip of land from R-20 Residential to I-1 Industrial for the sole purpose of providing an access road to the proposed Bulk Storage Yard.The proposed private easement was established to allow commercial traffic to access the Bulk Storage Yard from London Bridge Road,via Castleton Commerce Way; however,the easement was never recorded. • Since the approval for the Conditional Rezoning and Conditional Use Permit for the Bulk Storage Yard,the strip of property that provided vehicular access was sold and the ingress/egress was never recorded. Based on this, this City Council approved access is no longer valid.Therefore,the applicant is requesting to modify Condition 1 of the Conditional Use Permit which states that there shall be no access to the Bulk Storage Yard from Dam Neck Road, as well as a modification to Proffer 1, in order to modify the proffered access.Vehicular ingress/egress to the site is now proposed to be via an ingress/egress easement on a portion of the larger parcel where an existing curb cut along Dam Neck Road exists. It is the intent of the applicant to create a separate parcel, Parcel D1,for the storage yard site. The applicant has been made aware of the need to rezone the strip of land that is currently zoned AG-2 Agricultural District to a zoning consistent with storage uses prior to the approval of the site plan. Staff understands that this rezoning will likely occur as part of a rezoning request for the larger parcel in the near future. • The applicant is also seeking to modify Condition 3 of the Conditional Use Permit to eliminate the height,width, and length maximums established for the storage containers that will be located on site. Originally,the Conditional Use Permit limited the storage containers to a maximum of six feet in height, eight feet in width, and forty feet in length.The applicant is requesting that the size requirements be removed to accommodate storage containers that may vary in size. • Condition 4 of the Conditional Use Permit prohibited the use of all generators on the site.The applicant is requesting to modify this condition to limit the prohibition of generators to only the use of any external generators, as internal generators could be used on site for the purpose of operating recreational vehicles and ice cream trucks that may be stored on site. • Lastly,this site is located in the greater than 75 dB DNL noise zone and is impacted by a Navy Restrictive easement. On May 12, 2014,the applicant received a letter from the Department of Navy, Naval Air Station Oceana stating that the proposed Bulk Storage Yard appears to be compliant with the language of the restrictive easement and is,therefore,an appropriate use for this site. Dam Neck Storage Partners, LLC Agenda Item 6 Page 2 Zoning History # Request 1 MOD(Borrow Pit)Approved 04/05/2016 CUP(Borrow Pit)Approved 03/22/2011 CUP(Outdoor Recreational Facility)Approved 1-2 AP. r A" 1 AO-1 03/22/2005 R•20 2 CR/Z2 RZ(AG 1&A -2 to Conditional I-1)Approved ----- •4=;:�,, i� 08/04/2015 1 ~� %/ REZ(R-20 to 1-1)Approved 08/04/2015 „iiii CUP(Bulk Storage Yard)Approved 08/04/2015 R. 1 AG•1 3 CUP(Animal Hospital/Veterinary Establishment) lc; Approved 12/02/2014 ! - 4 MOD Approved 12/11/2007 R•20 CRZ(R-20 to Conditional 1-2)Approved 05/23/2006 ',4r, \ '1 5 MOD(Proffers)Approved 10/10/2006 • ' t CRZ(AG-1&AG-2 to Conditional I-1)Approved ,y/ ' , ' __ 1 02/22/2005 jOii CUP(Bulk Storage Yard)Approved 02/22/2005 R,20 , - 6 STC Approved 02/22/2005 et.. • ;;; 7 CUP(Communication Tower)Approved 08/08/2000 ' ;t/J' -'�^— - ,., CUP(Communication Tower)Approved 02/11/1997 CUP(Bulk Storage)Approved 06/22/1987 REZ(AG-2 to 1-1)Approved 06/22/1987 8 CUP(Bulk Storage)Approved 06/22/1987 REZ(AG-2 to I-1)Approved 06/22/1987 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 This request for a modification of proffers and a modification of conditions is acceptable. As stated previously,the applicant intends to change the proffered vehicular access from a private ingress/egress along Castleton Commerce Way to an existing 30-foot private ingress/egress off of Dam Neck Road. In order to legally enter this site using the existing 30-foot private ingress/egress,a rezoning of that property will be required, as any entrance to a site must have a like or more intense zoning.This rezoning must be approved by City Council prior to site plan approval of the Bulk Storage Yard. While the applicant is aware of this requirement,Staff recommends a condition to address this requirement to avoid any confusion in the future. According to Traffic Engineering Staff, new pavement markings and modifications to some existing markings will be required in the Dam Neck Road right-of-way.A more extensive review with additional detailed comments will be provided during the site plan review process. The Development Services Center(DSC) is currently reviewing a site plan for the storage yard,which includes an extensive review of stormwater management.According to DSC Staff, changing the access will not have a material impact on the overall stormwater management design. Based on the considerations above, Staff recommends approval of this request subject to the modified proffers and conditions below. Dam Neck Storage Partners, LLC Agenda Item 6 Page 3 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 as set forth in the 2015 First Amended Proffers is hereby re-adopted and shall read: When the Property is developed, it shall be developed into a bulk storage facility within heavy landscape buffers as shown on the exhibit entitled "CONCEPTUAL SITE LAYOUT 7 LANDSCAPE PLAN OF CREECH OUTSIDE STORAGE,Virginia Beach,Virginia", dated March 24, 2014, and prepared by MSA, P.C.,which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning&Community Development(hereinafter"Site Plan"). Staff Comments: Staff has reviewed the Proffers listed above and finds them acceptable. The City Attorney's Office has reviewed the modified proffer agreement dated July 31, 2018 and found it to be legally sufficient and in acceptable legal form. Recommended Conditions The conditions of the Conditional Use Permit for a Bulk Storage Yard dated August 4, 2015 are hereby deleted and replaced with the following conditions: 1. Access to the Bulk Storage Yard shall be from Dam Neck Road from an existing 30-foot private ingress/egress or as otherwise approved by Traffic Engineering.As required by the Zoning Ordinance,the vehicular ingress/egress to this site from Dam Neck Road or any other easement or right-of-way shall be of a like zoning of the Bulk Storage Yard site or a more intense zoning classification than that of the Bulk Storage Yard property.The rezoning of the commercial entrance to the site via the private ingress/egress easement, as depicted on the proposed plat entitled 'Subdivision Plat of Parcel D, dated July 27, 2018',and prepared by MSA, P.C, shall be approved by City Council prior to site plan approval of the Bulk Storage Yard. 2. The Bulk Storage Yard shall be used for the storage of licensed and operable motor vehicles including: cars, recreational vehicles and buses, and boats on trailers that are licensed and operable(the trailers), including panel trucks that are not permitted to be parked in residential communities. No storage of construction equipment shall be permitted at this facility. 3. No equipment shall be stored in the Bulk Storage Yard other than in fully enclosed steel storage containers. No storage containers shall be permitted to be stacked.Any storage containers on the property shall be located on the ground. 4. External generators shall be prohibited from operating at any time on the property. Dam Neck Storage Partners, LLC Agenda Item 6 Page 4 5. All outdoor lighting shall be shielded to direct light and glare onto the premises. Said lighting and glare shall be deflected,shaded,and focused away from adjoining property.Any outdoor lighting fixtures shall not be erected any higher than fourteen (14)feet. 6. No freestanding signage shall be permitted along the Dam Neck Road frontage. 7. Access to the facility shall be restricted by a gated entry containing a keypad.Access shall be available only from 6:00 a.m. until 10:00 p.m. 8. The storage facility shall not be used for any purpose other than the storage of vehicles and goods as identified in Condition 2. No person shall be permitted to reside at the facility, and no other repair, retail,or other similar business shall be conducted on the site. 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. Comprehensive Plan Recommendations The Comprehensive Plan designates this area of the City as being within the Special Economic Growth Area 3—South Oceana. Portions of the area are impacted by high noise zones, accident potential zones and Navy restrictive easements. All proposed land uses in this area must align with the City's AICUZ provisions and Oceana Land Use Conformity program.The western region of this area is planned for non-residential uses to include a mix of light industrial, low-rise office and limited retail use. Natural and Cultural Resources Impacts The property is within the Southern Rivers Watershed.There are no known significant cultural or natural resources on this site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic 32,500 ADT 1(LOS 3"C") Dam Neck Road 19,866 ADT 1 34,900 ADT 1(LOS 3"D") No Data Available2 37,100 ADT 1(LOS 3"E") 1Average Daily Trips 2 as defined by an outside 3 LOS=Level of Service bulk storage yard Master Transportation Plan (MTP) and Capital Improvement Program (CIP) Dam Neck Road, in the vicinity of this application, is a four-lane divided, access controlled, major suburban arterial,with 165 foot of right-of-way width. It is designated in the City's MTP as a six lane parkway.There are no roadway CIP projects slated for this segment of Dam Neck Road. Dam Neck Storage Partners, LLC Agenda Item 6 Page 5 Public Utility Impacts Water The site is available for connection to City Water.There is an existing 20-inch city water main along Dam Neck Road with a 12-inch main stubbed to the property. Sewer The site may be provided sanitary sewer service by a pump and force main connection. There is an existing 42-inch HRSD sanitary sewer force main located within the remainder of an existing 20 foot HRSD sanitary sewer easement along Dam Neck Road.There is an existing six-inch sanitary sewer force main located within an existing 30 foot public utility easement along the eastern boundary of the property.There is an existing eight-inch to 12-inch City sanitary sewer force main along Harpers Road. Dam Neck Storage Partners, LLC Agenda Item 6 Page 6 Proposed Site Layout Approved by CC 8/4/2015 ,, s z ` ' a 5 'r! 1 t-' to ilit t o s .41116.--.--l. ,—' 'Tim'``p--- `I Ivii , g s.-_9 • '1 1N vF 6 6 < 3 ,j sE N. -A: .'"a. . ! 0 ji h ',,,,T=A7:‘;';','W. it,:ftit,' .1 ---EL 1...:: le �m Egi�«nt 1 /� b. v 6 #$ :a _ �! o tir A. ..... iiia p 9- :,,,e iA y4�k s . sem _ t . ' m ry nn i 1 ; C1 "; „1/44,,')c.,,, L. { 7i. r_ ' +. C W `1/4 44 ) ,G t„..\� --`,= a., _-..R L_` :L 1 ILI jita,— - ill a 'qN 'I ' �TMr �+--� moi./Cw'i..." 11 -j o z � � 1 = G Q O ► _ _ 'N.. E ! 1 i w Li z Iziiii15 I} i o ry 0— Dam Neck Storage Partners, LLC Agenda Item 6 Page 7 Proposed Subdivision Plat for Parcel D-1 I N 1NIA >+ Z a 4 *,' Wf� it t 4$g t 4 t ` 1 2 t % ELS ) 0 .� S R V ` i K L` ` it K fy,_ V' t l r R* sp sit IV Y C seK k'4 kKk Kik k�lk , * i ci tg w TrY1 5. N D l") C% 0 lii- gng d. $g •x011`13 ti C� ' .. sx -c..) i- iiia - t�s�,to II M iii aii 'S atMxrai rel e• e) la tt YiY U ,/ 1 411 1 ito.it s, 1< . z .? h I a�tr i t r 44! E a a lay \ : 6118 r6 \ i Eil 14 \ • �a Cg 4• e a 4, # a t. :*: S• SI 0 1 iJ- I ffi AA l R Ose j■ Tini b 11 b Dam Neck Storage Partners, LLC Agenda Item 6 Page 8 Site Photos t _ � }fix --'4-,- -_'- „.. i--S ' `*"fir" say +Y'` .fit, tt � ' � , �K -. *.-4-. 3 . :=•�- .. - -'1 ,—.. a � -'- r fir" A- a .,1 s_4.,. - Dam Neck Storage Partners, LLC Agenda Item 6 Page 9 Disclosure Statement Virginia Beach APPLICANT'S NAME Dam Neck Storage Partners, LLC DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. 4 s SECTION 1 / APPLICANT DISCLOSURE FOR CITY USE ONLY/All disclosures updated ttvc Page 1 of 7 Plan ting Comrnrss.on and City Counci n -r°.,=tg that peva:nt e al;,) c a APPLICANT NOTIFIED OF HEARING DATE [Er NO CHANGES AS OF DATE X0/50 4-!i�< Marchelle L. Coleman REVISIONS SUBMITTED DATE Dam Neck Storage Partners, LLC Agenda Item 6 Page 10 Disclosure Statement NB Virginia Beach 0 Check here if the APPLICANT IS NQT a corporation, partnership, firm, business, or other unincorporated organization. Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Dam Neck Storage Partners, LLC If an LLC, list all member's names: Bill DeSteph, Bill Terry, Laura Creech If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes1 and 2 4 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:Dam Neck Stora .e Partners, LLC If an LLC, list the member's names:Bill DeSteph, Bill Terry, Laura Creech Page 2 of 7 Dam Neck Storage Partners, LLC Agenda Item 6 Page 11 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 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 '-Parent-subsidiary relationship' means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation. See State and Local Government Conflict of Interests Act.Va Code§2.2-3101 2 "Affiliated business entity relationship" means "a relationship. other than parent-subsidiary relationship. that exists when(i) one business entity has a controlling ownership interest in the other business entity. (ii) a controlling owner in one entity is also a controlling owner in the other entity. or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities: there are common or commingled funds or assets. the business entities share the use of the same offices or employees or otherwise share activities. resources or personnel on a regular basis: or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act. Va.Code§ 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Dam Neck Storage Partners, LLC Agenda Item 6 Page 12 Disclosure Statement 1643 APPLICANT Virginia Beach YES] NO SERVICE PROVIDER(use additional sheets if needed) Accounting and/or preparer of your tax return ❑ h( Architect/ Landscape Architect/ tG� Land Planner Contract Purchaser(if other than Ix' the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed ❑ ® purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Construction Contractors nEngineers/Surveyors/Agents MSA,P.C. Financing (include current l lIX mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Venture Realty Group Legal Services John M Napier,Esq - Hanger Law Real Estate Brokers / X Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have C X. an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 4 of 7 Dam Neck Storage Partners, LLC Agenda Item 6 Page 13 Disclosure Statement Virginia Beach 'CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. • ._., f�/�.lwr 7aey 7/3/ M APPLICANT'S SIGNATURE / _ PRINT NAME DATE Page 5 of 7 Dam Neck Storage Partners, LLC Agenda Item 6 Page 14 Disclosure Statement 1VB OWNER Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) ❑ Accounting and/or preparer of ►'! your tax return CZ Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than 111 L the Applicant) - identify purchaser and purchaser's service providers Any other pending or proposed n I�/ purchaser of the subject property I I� (identify purchaser(s)and purchaser's service providers) 1-1 ix Construction Contractors • CEngineers/Surveyors/Agents MSA,P.C. Financing (include current ❑ C mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) Venture Realty Group Legal Services John M.Napier,Esq- Hanger Law Real Estate Brokers / C ® 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 El an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Dam Neck Storage Partners, LLC Agenda Item 6 Page 15 Disclosure Statement .V13, 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. F-:OPERTY OWNER'S SIGNAT PRINT NAME DATE a i Page 7 of 7 Dam Neck Storage Partners, LLC Agenda Item 6 Page 16 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that 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. Dam Neck Storage Partners, LLC Agenda Item 6 Page 17 Item#3 Dam Neck Storage Partners, LLC Modification of Proffers Modification of Conditions (Bulk Storage Yard) Southeast corner of Harpers Road & Dam Neck Road District— Princess Anne October 10, 2018 Next is agenda item number six, Dam Neck Storage Partners LLC, an application for a Modification of Proffers and a Modification of Conditions for a Bulk Storage Yard on property located at the Southeast corner of Harpers Road & Dam Neck Road in the Princess Anne District. Could you please state your name for the record? Mr. DeSteph: Bill DeSteph. Madam chair, members of the commission, we are asking for a Modification of Proffers on this for a couple of reasons. The proffers we are asking to be modified, let me give you a little history. In August of 2015, City Council approved a Conditional Rezoning from AG-1 and AG-2 to Conditional I-1 to do a storage, bulk storage lot off of Dam Neck Road. Here and as part of that, there was an easement to go on the back of the property and to come out and I think that's Harpers Road, but on this back easement as part of it, if any of the parcels were ever to sell, the use of the private easement would be terminated. Well, two things happened, one the original easement was never recorded and two the property was sold. The storage lot that was in was, in fact, sold then they put a couple of other buildings there. We did contact the storage lot and talked to one of the managing partners. I believe and they were pretty amused when I asked them, if they will be willing to give us an easement across the front of their property. The way they kind of put it was that it would be a very cold day that they would give their competition an easement across their property. So we figured, we would try to find another alternative and I contacted one of the other property owners down on the front end. He was very excited about it and wanted to sell me the easement at about 20 times what his property and building were worth or I could buy it off for 5 million dollars. I am not sure lot of ticket on top of that so I sat down with planning staff and had a discussion about Dam Neck Road. The rest of the property again was already zoned for this. We have the letter from the navy, it's in the 75 decibel noise area and a bulk storage yard fits in and is compliant with the language and restrictive easements of the navy and appropriate for the use of the site. There is another application that will be coming in the next probably six months that's with economic development and another group. At this point in time, we will be able to develop the rest of the property but I am only interested in the storage lot here. So, we have asked for a couple of conditions to be modified one is for access off of Dam Neck Road and you can see where the 1 borrow pit access is and then there is already access on to the property a couple of hundred yards just west of the property off of Dam Neck Road. So, we are asking to modify the property to use that. Two other things, one of them is currently in the storage lots we manage. Folks have ice cream trucks or they have RVs that they park there and here there is a restrictive condition saying that you cannot use generators. Well, when the ice-cream trucks start up, they turn on their generators, start up their generators as well before they unplug it from the power to make sure the generators are going to operate. So, we put in there that it would be internal generators only on those RVs & Ice Cream truck type activities. What this would not be is external generators, like on food trucks. Most of them, have external generators, so you will notice on most of the RVs and most of the ice-cream trucks that the generators are quieter than the engines of the vehicles themselves. So, for us to come and say, hey there will be no generators operating on site ever but we know for a fact that the ice-cream trucks when they start up, they do start up a generator before they unplug because they don't want to lose any product, so that's one of the requested changes in modification. Another one was for the Conex boxes and a standard Conex box is 8-1/2 feet or 9-1/2 feet high with the new ones, we're happy with putting a 10-foot restriction, we know they will never go 10-feet or above. For the simple fact, once you put them on wheels then you are above 13-1/2 feet, so it won't get through most of our bridges in the area. So, we know for a fact that they are not going to be larger than 9-1/2 feet if you all wanted to put a limitation on that perhaps. We just called it a standard storage container size which the 20 TEUs or 40 TEUs that's the standard. Let's see, I believe that was all of the modifications we are asking for and I am happy to answer any questions. Ms. Oliver: Any questions, none, thank you. Mr. DeSteph: Thank you, I know we have opposition, I believe. Ms. Oliver: Alright, will see what they have to say, thank you. Ms. Cartwright: Yes, we do have three speakers in opposition. Would the first, Mike Jarrad, come to the front please. Ms. Oliver: I probably should have stated this in the beginning but you have three minutes to speak so. Ms. Cartwright: Please state your name for the record sir? Mr. Jarrad: Mike Jarrad, I am the closest resident to the storage yard 1800 Chelsea Green Drive. First, I have tremendous respect for Mr. Bill DeSteph but I don't feel like he has been given the 2 background leg work that was put into this original storage yard. So, the history has been long and awful and it was very involved. We had over 1000 signatures on the petition that you guys have. We had a stop industrial growth buttons on our shirts. We had many speakers the first time we came. We had bunch of months to plan for it. Two of the property owners today are actually deployed overseas so they are renting their properties so I don't think we are going to get any information from them. We had City Council at our house. We had neighborhood rallies but we are really rallied together to get the first proposed layout. The issues, the no generators, was something that we agreed to in the beginning. There is no internal generators that are quiet, you're on a 122 acre farm field which everything tends to echo. The 8-foot fence, so there is going to be an 8-foot fence around it,but now we are going to have 9-foot storage containers peaking over. There was a 3-1/2 acre buffer between the neighborhood that is now off the books but today in the proposed site layout, it's still there, this is a very small print, it says area to be re- seedling plantings, none of this current projects, none of Bill's current projects are next to 42 million dollar neighborhoods. In conclusion, we feel like the applicant needs to go back to the drawing board. This needs to be worked out between the HOA and the neighbors and come back to some resolutions. Ms. Oliver: Okay, we have any questions? Go ahead. Mr. Redmond: I was going to ask you to point out your house. If you are the closest person, you will grab that pointer and show and tell us please. Mr. Jarrad: I am right here, so this is actually my house. The berm actually sits my property gets back into the woods right there and the berm is actually in front of that property. The berm was put there in 2013. They have used some dirt off this property and moved it over. This is the area that I was speaking of that in the final resolution, the neighborhood was concerned about. This was offered to the neighborhood originally and then we didn't want to mow it with the HOA and all that kind of stuff. So, in the end right there, it says it is going to be reseeded for seedlings but we are not just sure where everything stands like this is the old picture with the access. We know that this, I mean, there are concerns here about right now you have dump trucks coming off the other side and now you are going to have about 40-foot containers, 48-foot containers coming out under 55 mile an hour road and it just seems a little concerning to us but I think a lot of the little nuances just need to be hammered out. Ms. Oliver: Mr. Ripley. Mr. Ripley: So, the buffer was a concern of yours but seems to me there is a physical distance anyway between the neighborhood and this property. I remember going out there when it was re- zoned. 3 Mr. Jarrad: My property backs to right here, so the berm actually lines up with the property. The concern over here is that all these houses around here, it's an 8-foot fence, but it's just open field. These houses, we even had this neighborhood Mayberry, they showed up that there is a straight shot for them across the field to see that. Mr. Ripley: Are there houses, where you pointed to? Mr. Jarrad: This is all farm fields. There's houses right here yes all along here, they're staring right at it. Mr. Ripley: And it's now zoned industrial. Mr. Jarrad: This is still all agricultural. Mr. Ripley: Right,but the property? Mr. Jarrad: This property, this isn't actually what is zoned. It comes out this way because originally it came all the way down to this tree line which obviously all the neighbors were involved then and then after we finally got to the last deal, this is where we cut the line. Mr. Ripley: But, it's zoned industrial right now, correct? Mr. Jarrad: I don't know how this part sits. Mr. Ripley: Not that. Mr. Jarrad: Just this part is zoned industrial, I am sorry. Mr. Ripley: Which is what we are talking about and what specifically would you want to try to work out? I mean, I heard the generators, I heard a buffer and I'm trying to understand. Mr. Jarrad: The fence line, so you are going to have an 8-foot fence, but you can have 9-foot storage containers but you got at the, what was it, the car wash earlier; they're getting a 15-foot fence along here. Ms. Oliver: Buffer, a landscape buffer. Not a fence. Mr. Jarrad: This was chain link fence originally. Only this side is private screening so on the original plans, this is all chain link which I don't, I talked to Bill a little bit earlier, I am sure he is going to do a little bit higher end deal but we don't know what's going to happen. Mr. Ripley: Thank you. 4 Ms. Oliver: I have a question for you and I do remember all of us going out there and looking at that and the berm, how does that look now? Mr. Jarrad: If you could imagine the biggest hill of weeds that you have ever seen. It's been sitting there for three years, it's a weed; I sent most of everybody the picture, I think the couple of emails came back. Ms. Oliver: And so nothing, no seedlings were planted on that one piece that was supposed to be basically forest. That was the intent for that piece of property, if I remember correctly. So, you didn't have to see any of that and nothing, refresh my memory. Okay, yeah I was trying to remember who was responsible, it wasn't. Mr. Jarrad: Creech was the original land owner. Now, it has been sold from what my understanding, it's a 50:50 between Barbara Creech's daughter and Bill. Ms. Oliver: Okay and so they never followed up on that? Mr. Jarrad: Nothing. There was a gentleman who I guess originally owned the storage container the big storage area with all the buildings. Who had her get involved with another gentleman who was parking lifts back there and all kinds of stuff that we kept contacting Kevin. They kept going violating him and he fenced it off. I am trying to keep them away from it, and I guess she has had an issue getting them off the property, so they could move forward. So, all these things like we don't know from that last plan is the ditch going to be, is there going to be a driver over the ditch because the ditch is going to be completely filled in which is a flooding concern for all of us. We have another speaker today that will show you all the flooding that we are getting from that,just the berm at 15-foot berm by 100 feet long all the waters coming down back towards the neighborhood as supposed to back towards the fields. Ms. Oliver: Okay, yes. Mr. Hodgson: In the previously approved application, I think in 2015, there was the, I think, well you mentioned the 24-foot wide access area to be cleared which is the row of trees that's kind of off the back of your property to the left of your backyard, you know right there. There was like a 24-foot wide buffer that was approved to be cleared. No right on, go up a little bit, right to your left, right. Mr. Jarrad: There are trees all the way along this line right here. Mr. Hodgson: It was outlined in the previous approved application that there was a 24-foot wide access area to be cleared. 5 Mr. Jarrad: That was the access through the woods here. Mr. Hodgson: Okay, but the trees that were right by the access and this thing. Was that to be cleared or was that staying or what is that? Mr. Jarrad: That was staying, it's dense wood. Mr. Hodgson: It is dense woods. Mr. Jarrad: This happened to cut through on Easter Sunday. Mr. Hodgson: Okay, but all those dense woods are still staying. Mr. Jarrad: Well, we don't know. I would hope they would. Mr. Hodgson: Okay, because that's a pretty big buffer between your backyard. I mean if those got removed I think that would really open up your view to this parcel, thanks. Ms. Oliver: Great, thank you so much. Ms. Kwasny: I have a question. Ms. Oliver: Oh sorry, go ahead Commissioner Kwasny. Ms. Kwasny: So, you are saying that the creation of the berm at the moment is causing some runoff difficulty and you are afraid that if the ditch also gets filled in for some reason it's going to exacerbate that problem. The berm hasn't been maintained either and neither has that 3.5 acreage has been seeded, right? So, there are a number of things that weren't taking care in the original application that you feel need to be maintained or managed or addressed, right? Mr. Jarrad: Absolutely, yeah originally they were just going to take a cut through across the drainage, it's a 20 foot x 20 foot, I mean it's huge, so now we don't know. Ms. Kwasny: So, those are questions to be answered. Mr. Jarrad: Yeah, absolutely. Ms. Oliver: Thank you very much. Mr. Jarrad: Thank you. Ms. Oliver: Okay, ready for the next one. 6 Ms. Cartwright: The next speaker in opposition is Allen Prince. If you could, please state your name for the record? Mr. Prince: Good afternoon, I am Allen Prince. I live at 1868 Chelsea Green, this time I just like to voice opposition of the proposed modifications,just for a few reasons. The first of those being the possible noise that comes along with anything industrial that butts up to a residential neighborhood. I understand buffers speaking with Mr. DeSteph up front. You know, he gave us the assurance of internal generators only. As someone who owned a food truck for six years and actually stored it when it was Barbara at the time actually stored it there again with different owners. It was different policies but I was never approached. There were never any repercussions on the few times that I did have to run a generator ever. You know, and storing it there for six years and for me that was very rare that I had to do that but when it did happen I think that drove a question for me of accountability on the developers and to make sure that we have those assurances that the noise is kept to a minimum as it comes. The second would be, I know Mike mentioned it, is the sideline. An 8-foot fence for 9 or 9-1/2 foot containers just baffles me. I would love to have that explained just how that makes sense to trying to keep the sideline and you know just to where you see a fence but things are peaking over it. And then, lastly for me, is the hurriedness of all this. There was a real feeling but we had HOA meeting last week where we had a decent turnout for it. The majority of our neighborhood just found out about this last week. I know there are signs posted 30 days, I heard that earlier. I think from what Mike was telling me that sign posted on this is on top of the weed infested berm at the back of the neighborhood behind properties. We more or less need to walk across Mike's property to get to see that sign in order to find out about it. So, that being said and I think you know we want to make sure that everyone has time. So, Mr. DeSteph, as well as our neighborhood, have a chance to make sure that this is done the right way respectfully to the neighbors so that we can maintain that quality of life that we love in our neighborhood as well. Also, you know we understand the development happens so we want to make sure that that's done in a right way. Ms. Oliver: Great, thank you, do we have any questions, yes Mr. Horsley. Mr. Horsley: How close is the nearest resident to the proposed site from the blue line to the nearest resident how far is that? Mr. Prince: Mike would answer that better,being that is his lot. Mr. Mike: 110 feet. 7 Mr. Prince: 110 feet from the house. Mr. Horsley: 110 feet from the house? And between there is a 15-foot buffer? Is that what it is tall buffer, is that right? Mr. Prince: Yes. Mr. Horsley: Okay, thank you. Ms. Oliver: Thank you. Ms. Cartwright: We have one more speaker in opposition Tracey Little, please come to the podium. Ms. Oliver: Welcome, you will state your name for the record please? Ms. Little: Yes, my name is Tracey Little. Ms. Oliver: Ms. Little adjust the mic down, there you go. Ms. Little: Was I too loud? Ms. Oliver: Because you are too soft. Ms. Little: Alright, that's never been said to me before. Can I share some pictures with you? I thought we would be able to use that. I've lived there since 2013. I have been to every commission meeting since the desire of Barbara to expand. My property is right there. Ms. Oliver: Alright. Ms. Little: And last time I spoke, it was the same thing. The property value. We didn't want something disrupting our beautiful home and you know I know the sites are not going to stay there forever but we conceded and we agreed to concessions in the property. The initial agreement was that they would have certain commissions or conditions, now they are trying to back up on those conditions. So, in the last meeting, when I spoke I mentioned this ditch. You don't see it in this picture but it runs across here and in the paperwork it shows. Yes, right there, see the wooded area in the middle that's my home. Yesterday, I went in and took the picture that you have picture 9 or 10. 10 or 11 is a picture of a tag on one of the trees in the back that says wetlands delineation. I just took that one yesterday and there are some cattails back there. They never addressed not covering up that ditch last time. It was brought to the attention of Barber, the attorney at the time and you know kind of like everything kind of just went nowhere. 8 There was also another delineation wetland delineation sign somewhere in that area because I walked the ditch all the way around to Dam Neck one day to see it last year. Anyway, you will also see some of the pictures with the flooding. First, we had historical flooding with Matthew but just this past May, we had more flooding and page 8 of what you have in front of you is the result of this past May and then we also have pictures there from the flooding for Matthew. I think that if this moves forward and the ditch is not addressed, you are going to have, we are going to have a lot more problems. The City is aware of drainage issues but ever since that berm has gone up and it's unsightly just as he mentioned. Ever since that berm went up, things have changed a little bit for the flooding. I showed progression in pictures of different storms before and I would take picture just because I thought wow that's a lot of water and you cannot see in page one but that ditch behind there is build up with water and it's probably about three or four feet deep. So, if you cover up that land not making any provisions for drainage and that's part of the southern rivers watershed and in their little letter, sorry I am choppy everywhere,but I thought I'd have a PowerPoint to share. In this letter, they said that there was no adverse reaction or no adverse environmental concern in that area and I totally disagree with that. There will be adverse implications to that whole little streak there at Dam Neck and at the Harpers Road, as it goes along. You cannot see in this picture but over here it flooded drastically when we had Matthew. We have had other issues since. One of my main concerns is the noise is loud. You can hear generators. In fact, you got a picture there of the berm that's built with the grass on it. A few little shrubs put on top of it but the equipment that's stored in that backyard and this is how close my house is to that so I am looking at the ditch yesterday and I took a picture of my house, so it's pretty close if you draw a straight line, but again I am sorry, I am scattered. Page 6 is of the high tide in my yard from Matthew from the water level coming up high, see my light there. Then, page 7 was the picture of the equipment that stored in that back storage yard as well as the grass covered dole over there. So, I appreciate your consideration and your time and I think we have some legitimate concerns and I hope that you all will take us seriously and address it, thank you. Ms. Oliver: One second. Is this the picture of the berm? Ms. Little: That's my house; I am standing in the ditch. Ms. Oliver: So, you are in the ditch. Ms. Little: Yeah, that's how close I am, that's not the berm. Ms. Oliver: What page is the berm on? 9 Ms. Little: The berm is on page 7. This is straight from our front yard through the neighbor's backyard. Ms. Oliver: Great. Do we have any questions, Ms. Kwasny? Ms. Kwasny: Tracey, is it your sense that if your HOA were able to have a meeting with the applicant that you might get some resolution to some of these issues and you might be able to present your case and your desires specifically in relation how these things can be resolved? Ms. Little: Yes, definitely with regard to that, I am not sure at what time they placed the markers on the tree to indicate that was their wetland delineation. Ms. Kwasny: Well, here you have some questions about that. My sense was the noise and maybe that can be addressed by a set of hours or something like that. You could figure that out what might be amenable to you but the berm and the seedling acreage those two things as well as how that ditch needs to be maintained, okay so to me those were the four principal things. I took down from all three of you and I just wanted to know if you felt that there was, if you met with the applicant and were able to have those discussions, you might be able to get to some of those items that were to be addressed before we got to this point. Ms. Little: Yes, I think so, and definitely I am concerned mostly for our property and you know the others backyard, I am concerned mostly for the flooding issues. Ms. Kwasny: Oh and you had the fence issue as well, the height requirement in the fence. Ms. Little: Yes, you can see from there, you can see the equipment, half the time when I have gone out and snapped pictures it's because I hear some low rumbling. I am like, you know, I live close to the base, my husband is a marine or was a marine, so the noise from base is not a thing, it happens quick,but when I am sitting there and I am watching TV during the day or sometimes on a weekend, I hear a noise what the heck is that and it's constant and can go for hours and I wonder what it is. I go outside and try to figure it out and usually its storage units themselves and all the work that goes on there. Ms. Oliver: Mr. Ripley. Mr. Ripley: I just, you know, I am trying to visualize this. I have been out to the property when the original applications came in here. There is a 15-foot berm probably as high as this room, 100-feet wide right, 100-feet wide berm? Ms. Little: Maybe. 10 Mr. Ripley: So, you can see over that berm and you are worried about a 10-foot or 8-foot fence? How are we going to see whatever is across that berm? How will we do that? Ms. Little: I didn't say I was concerned about an 8-foot fence. Mr. Ripley: Well, everybody seemed to be, that came up here. Ms. Little: Well, we are concerned because they will eventually, these people here and the people on the other side of the neighborhood, they will be able to see the things that are stored in that yard. Ms. Ripley: I am just having a hard time visualizing it. I haven't seen any application and I have been on the commission since 1999. I have not seen a buffer like that before, that's a huge buffer that ought to be commended that you got right now. Ms. Little: In what, here. We should be happy for that right there, you say. Mr. Ripley: The purpose of the buffer was to buffer now how it looks again how bad but it is a sizeable buffer that would buffer I would think, sounds significantly and I would think also visually and credibly, so I'm having a hard time understanding the issue. Ms. Little: Visually yes, it does block some of that. Mike has a second story home, so he can see it from his second story. I can see it from my second story, I cannot see everything that goes on there but that doesn't detract from the sound. The sound is what we can hear. Again, Mike said because of the field, because of the openness. Mr. Ripley: Was there something there now? Ms. Little: In that yard? Mr. Ripley: Yeah. Ms. Little: Yes, I showed you a picture; they are storing things in this yard now. Mr. Ripley: What kind of sounds do you hear? Ms. Little: Mechanical sounds, working sounds and if they allow the generators to be hooked up to all of those that field does carry sound. I can hear sound from Dam Neck, right there, my house is there and I can hear sound from there. I can hear the cars racing and everything else at night just because they come across the field, pretty loud. Mr. Ripley: Okay, alright, thanks. Ms. Oliver: Anybody else, Mr. Horsley? 11 Mr. Horsley: Yes, you know, the main thing I can say from your pictures is that there probably does need to be some drainage work done out there somewhere. I don't know exactly where but with all due respect some of those dates on there were read after we got 13-inch rain and the water will be standing on top of the hill when we get 13-inch rain. So, on the ninth day of October in 2016, we had water everywhere. We had water to the ears of my corn that was in the field so we had lot of water then. It appears to me that there probably does need to be some drainage but I kind of agree with Ron and maybe we need to take a trip out there Ron and see how these work. But, it looks to me like from what I see there's more than adequate buffer than we give most anybody. In the car wash while ago with 15-foot buffer and here we have got a 100-foot buffer, that's 15-feet high according to what we have understand and of course you says it grow up in weeds. I mean that's vegetation. The only thing I can say about that. I am not a big fan of weeds either but I prefer to have some nice bushes up there but maybe there are some conditions on the original permit that weren't adhered to. We need to check into that but it appears to me that there is more than adequate buffers here but as I like say the drainage is the main thing that concerns me and I think there does need to be some looking into for that. I guess with the property owners to see, I don't know how they main out fold is but that ditch that's grown up in trees that's a big problem with ditch, ditch grow up in trees don't drain very well, so that does need some attention. I can attest to that so you have got some concerns but also I think you know the buffer seems to be to me seems to be more than adequate really. Ms. Little: The only buffer they have is adequate. Yes, I agree but moving forward when they do construct it. It would be nice that they would stay in the limits and not go over the limits. Mr. Prince mentioned, we had another gentleman who just bought a property at the other end of the property and his property sticks out right here. I believe that's right. So,he can see everything in the field so it's more of a visual eyesore and you know my disagreement with all of this was you know you have got a very nice neighborhood. We pay high taxes. You all agree with that but now we are going to be abutted up to industrial zone areas and it can't stay that way forever but a bulk storage yard and you know the nastiness that comes along with that is you know just in my opinion not something I want to live by. Its something that I wouldn't have ever preferred. Mr. Horsley: That's the only question I have. You have indicated to me that there are lot of, seems like lot of work goes on in this storage yard. Usually the storage yards is for storage. You put a vehicle there and they don't usually get to do a lot of work there. DeSteph, can enlighten us on what type of work actually goes on there but I am not accustomed that it's supposed to be a lot of work that takes place in a regular storage yard. 12 Ms. Oliver: Thank you. Ms. Cartwright: We do have one more speaker in opposition, Ms. Marsh, please come to the podium. Ms. Marsh: Good evening Planning council members, I haven't had the opportunity to speak to you before but I am really happy to be here. Ms. Oliver: If you could state? Ms. Marsh: My name is Ronda Marsh, Lindal Crescent Thalia. I am here to speak about trees. Ms. Henley gave an extensive, extensive presentation yesterday about trees and from what I see there are trees on this property and they were talking about the development where there might be some trees cut and the person representing the city. I don't know her name of hand, she was saying we need to really step back and look at that because the trees minimize flooding and that's what I am all about, about flooding and wasting money, cutting down trees and creating flooding and then having to fix it, so it would really be beneficial if someone could look at this. Marchelle Coleman, she could understand the trees and how are the trees affecting the flooding and the drainage and keeping things so that they don't get worse. You have got a major road out there. You have got Dam Neck and we just cut down a whole bunch of trees for the sports complex. We cut down the small forest and it was just so funny that it was literally less than a month ago before Ms. Henley spoke that the trees were there and then they were bulldozed for the sports complex, which is in an area that has extensively bad flooding on 21st and Arctic. So, as you profess to want to do good things. You should really understand about the trees because this seems to be a new focus that Ms. Henley and the Council have. If you would like I can go and find the name of the person from the VBgov department that spoke yesterday to the general council and spoke about the trees, so if you are looking at this are we really taking into account the trees, are we being careful with the trees. Has Ms. Coleman received the new memo that were all about trees and we are trying to stop flooding? Because if you just bulldozed ahead and cut the trees down, trees take decades, the trees by CTAK, they are on the sports complex land, they were a grove, they are going to take decades and decades to replace. They are not going to be replaced, they are going to be replaced by asphalt, so I really would ask you to delay this and just make sure that you know what's going on with the trees because you cannot replace the trees in an instance. You know, if any of you have ever a gardened or grown anything, it takes a long time and it would really be beneficial to know what all those trees are, what's going to be left and what's going to go. Just make sure that it doesn't add to the already bad flooding we had City wide. 13 Ms. Oliver: Thank you, Mrs. Marsh. I do believe and I am sure that somebody over there can correct me if I am mistaken that this particular piece of property within that blue line is field. It's farm land if you can see, it is. What he is going to use it for is field and actually what we are addressing just to concern you. We have got a pointer right here Ms. Marsh. Ms. Marsh: These look like trees to me; those look like trees to me guys. I mean, I am happy to go out there and take a photo. Ms. Oliver: No, no, we will get city staff to double check it. Ms. Marsh: It looks like trees. I am sorry, this I mean again. Ms. Oliver: Ms. Marsh, we have a pointer over here. If you don't mind, but that's an already approved application, right? Ms. Marsh: It looks like field to me. I get that that's field. I think that's field, but those guys right there, those look like trees that looks like trees and I understand what you are saying but I am saying that City Council yesterday it was amazing to me that after they had just bulldozed most of the trees in Bird Neck. They said trees are the be all end all and here we have trees and now you are going to vote on something that has trees, you are going to. Ms. Oliver: To be honest, this application, this is an old application and so what we are dealing with is the entrance into this, so this has already been approved. So, what we will look at is the piece where it was supposed to be treed that we didn't get it treed, so we will go back through that. So, we understand that how long it takes to get trees. We are not going to try to do anything to harm our land by any means or encourage more flooding than we already have. Ms. Marsh: Great, save trees. Ms. Oliver: Absolutely, thank you for speaking. Mr. Horsley: Madam chairman if I may, we hit a nerve I think. I have noticed the presentation that this lady is talking about. I heard a portion of it Monday night myself. There is a movement to save as many trees as possible but we all know that, well in this instance that runs a single line of tree there is blocking the drainage. I can see that from the pictures, so that you know we cannot say if all of those and most of them are myrtle bushes that can't really big full-fledged trees, but what the goal is they calculate and come up with the amount of absorption that trees make. The big trees from the greenery at the top and how much water they take out and the root 14 systems how much that keeps from flooding and washing and things like that. We all realized that trees eventually, like everything else, they have to be harvested and things like this and have to be replaced with some other things such as buildings for instance, you know. Sometimes there needs to be buildings where there are trees so we try to conserve as many trees in place. I happened to be a farmer and I plant trees. You can plant trees in wetlands but they won't let you farm wetlands that produces hard value crops but anyway that's a different story. I do understand what you are talking about and I appreciate your enthusiasm about saving trees. Ms. Henley passed out a pamphlet the other night at that advisor meeting that I happened to attend and about this movement that's going on now to do this. I didn't get all of the details but I do understand that but just keep in mind that you know trees have their place and we don't want to destroy all of the trees but if you take a airplane ride over the state of Virginia you will find out about 60- 70% of the state is covered with forest. Eventhough, we don't realize it in this area. I understand what you are talking about but there are times when trees have to be moved for other reasons. Ms. Oliver: Do we have any more speakers? Ms. Cartwright: No, that is all. Ms. Oliver: Alright. Senator would you like to rebuttal or comment. Mr. DeSteph: Actually, I am just going to answer pretty much all the questions that have been asked and address them so we can alleviate some of the concerns. I will first start on the 3.5 acre re-force station that was supposed to have been done here. Again, it's not in the area we are going to develop, developing areas here that 3.5 acres upon starting the development, we read the requirement previously and we stated that once we start development, we will re-force that. Again, that's not my responsibility that's part of the owner who owns all the property over here and who said they were going to do it in 2015, as soon as we start development we will actually take care of that. Secondly, I want to make sure I hit this in order nothing from the original application is going to change except those three things we asked for, that's it. Third, there is no work that's done on-site here right now, absolutely no work other than there is a gentleman who is storing equipment here and working on the operations of that. I don't know all the equipment but once we take control of the property all of that goes away. What's not going to change is any of the form work that's being done on the 121 acres here. Any other farm work being done here, I don't control that. I will have no control over it, they are still going to farm it but it's also going to continue. They are going to have excavators come in and continue to clean the ditches. I have no control over that. 15 I will have control over all the drainage in here and every lot that we have done for storage, and we got four of them now, we have not had one issue on stormwater holding or drainage from the time we take over the lot. When we take this over all the water is not going to be drained this way the way it does today, it's going to drain the other way. We have pipes, ditches, drainage, and everything else to handle that. The tree buffer in the bank and the berm we are going to weed. I will make sure that 3.5 acres get done here, everybody has my number and if I say I'm going to do something I do it, that's pretty clear of that. The 100-foot berm that's 100-feet long 15-feet high from the line of sight of these houses, if you can see over those berms, the only thing you are going to see a 100-feet is right over this area at a 15-foot berm and 100-feet. You are going to see about anything higher than 25 feet. That's just algorithms and the logic of that. You are just not going to see anything below that unless you are standing on the second floor then you are looking at second floor is 12 feet, still a 15 floor berm at 300 feet, so you are still talking about, you will see anything about 14-feet and above if you are standing on the roof You will be able to see anything that's about 6 feet high or more on the other side of this. Again, I am just laying out map and logic here. When we get into taking over this lot, there are trees we have got worked with the Army Corps of Engineers. Engineers are ready. There is a 250-year-old tree here that's originally was going to be part of a lot, we are actually carving that out, leaving that tree because we love trees too. We are not going to damage any of the old trees. There is one tree that's right over 100 years old, there is another tree that's right over 250 years old. We are going to preserve everything with those trees. The original plan had all those trees bulldozed over, we are not going to do that. Drainage, I have already addressed that but we have got our drainage taking care of in this. We have BMPs and all of our other lots that are supposed to. There are basically dry BMPs except when it rains heavily. We have never had rain or we have never had water in those BMPs for more than 24 hours. Our drainage works exceptionally well. We over engineered for the drainage. We always have and we always will. Where the 100-foot berm is over here, anything west or north of that, I have no control over that, that's property I cannot touch. I cannot control that property. It has nothing to do with this development. It will be part of the next development when economic development and everybody else come in on the rezoning of this area here. Again, I have nothing to do with that, I am not party to any of that and I don't control any of that. Everything that I will control, you will not have an issue with drainage off of that property period. We will take care of all of our own drainage, the original site in here was never actually developed, so we will actually develop the site. 16 The gentleman on the Town Bank board said you don't have to worry about it because there is no loan on the property and I am funding the development, so if you are on a bank board, you don't have to worry about it, you can vote for this. If you don't want to, you don't have to, but there are no conflicts and you will have to disclose anything on that. The internal generators right now with I guess about 1400 spots. We have four ice-cream trucks. We have about a 100 RVs. The total time any internal generator is running is less than 15 minutes from the time they fire it up, un-plug it and then drive off the lot. You truly can't hear the internal generators or the external generators like the food trucks. We have in our leases, you will not run any external generators. If there is anything that needs an external generator and they are interested in leasing in here, we will swap them out with something on our other lot that doesn't have the generator, so there are no issues with the generators. We can handle that with managing 1400 other lots or spaces, I am sorry not lots, four other lots, 1400 other spaces. There is going to be an 18-foot, an 8-foot fence around there that was part of the original one we are not asking for any changes to that, we are still going to do that. The berm, there is growth on there, there is weeds, there is all kinds of natural habitat growth on there, you know, we are not going to do anything with that berm to cut it down. We are happy to throw bushes on there to make it more appealing to the neighborhood if they like to see a row of bushes on that; however, we will do something that's indigenous to the area. We have addressed the line of site, on the signs, we have actually had four signs on the site. This property, on every corner of the property,has had a sign on it to include Dam Neck Road, for almost 60 days. It's required for 30 days but we delay the application for 30 days, so we have had it for 60 days on there. We have been contacted by two individuals in the neighborhood and I have invited them in, sat down and talked to them. We went through the entire plan. There issues warrants as much with this. There issues were with children from the neighborhood sliding on the berms. They didn't want to go into wooden fences. They would rather we have chain link fences because wooden fences hit kids that slide down the berms. They will hit the wooden fences and immediate stop and they get injured. They would rather have chain link fences that absorbed the sleds a little bit, again I am just telling you what their concerns were when they came in. We talked to them about that. We brought that up with Planning that hey here was a concern on this, again, we have listened to the neighbors who have contacted us and had any concerns. The Corps of Engineers study on the ditches the drainage and flooding in the area, we designed this area to handle all of the drainage and any of the water around here. I have not looked at the agricultural land over here and I am not going to look at that, that's another application that's going to come before you all. I am not going to have anything to do with that, so you will be able to address that later. 17 On this ditch from here, this way I have no control over this ditch here. I will have no control over that. I am not going to promise anything on that. This way that ditch will actually flow, we have already got everything lined up. We have got our BMPs laid out so the entire engineering plan of that we're good to go on that. We believe it's the right plan to do and it handles any water that would possibly come off that. I think we can handle 18 inches of water if I am not mistaken with the design we have but we can handle about anything that would happen and I can tell you that water is not going to come off of this property over the berm into these unless we have catastrophic flooding which water before that happens. We are going to have to worry about it coming from over an here before that ever happens. Noise from the farm equipment, the noise from the excavators, the noise from Dam Neck road, I am sorry I can't control any of that. I don't control the farm land. I don't control any of the way the excavators are clearing the ditches or not. I don't control any of that. I am not going to have any control over that. I will have complete control over everything within the storage lot. We have individuals who go through the storage lots right now four or five times a day from the time we open. We have access controls, gated access to all of our storage lots that will continue that will have access from 6 in the morning till 10 at night. After that, you know, have to worry about anything going in or out unless there is an exception. An exception would be if the City needs access for a specific thing or if law enforcement needs access for a specific reason. We do open it up for those reasons. We have addressed the trees. The tree over here identified that 250-300 years old we are not messing with that tree, we are going to keep it, original plans had it bulldozed that was approved. We are not touching it. We have redone our plan to make sure we leave those big mature trees alone and again the farming which combines, tractors, excavators, clean the ditches and all that equipment I don't have any control of. Anything outside of our area and then within our area the development we do we don't start before 7 a.m. and we knock off by 6 p.m. every day, so you won't hear any noise from our property before 7 or after 6 p.m. On the lighting, we put, think that the zoning ordinance says it's 14-foot lighting, we have identified a new LED light that's actually 12-feet high, so we we'll have that, we we'll have the entire property under surveillance with cameras. We get notification of everybody going on the property two or three multiple ways so we have got a pretty good idea of the maintenance or management of this that will be done properly. We have never had a complaint from any of the neighborhoods. Two of the ones we have are off of Central Drive, two of the other ones are in the Norfolk are in residential areas. We have never had one complaint, as a matter of fact, the only thing that we have had is we have had neighbors applying for jobs for the maintenance jobs or thanking us for 18 a cleaning up not just inside our fence. We clean up inside our fence. We also pick up the trash outside of our fences of all of our lots. So, we are very conscious to that. We operate a good clean operation and that's why we continue to expand. With that, I am happy to answer any questions or concerns. Mr. Hodgson: Thank you, any questions for Mr. DeSteph. Mr. Horsley : I have one question. Mr. Hodgson: Mr. Horsley. Mr. Horsley: Why did he store these long armed things which boom all the way up in the air? Mr. DeSteph: I don't know why they do that. This lot here were primarily looking out for RVs, trailers and things like that. Any industrial equipment like that, you won't have stored in these lots. We actually will swap out and storming our other lots which are truly laid out for industrial equipment. With something like this, we would not put any industrial equipment in there. Mr. Horsley: I've often wondered why they did that. I am sure there is a reason but I don't really know what it is. Mr. DeSteph: I have no idea. I know why they have the buckets so they drain and don't retain water. I don't know why they put them all the way up in the air unless they've got a generator on them and they don't want them stolen, that's the only thing I can think. Mr. Wall: On the original site plan that's identified as Creech outside storage on page 7 of the packet, it's showing that there is, it shows a buffer on Dam Neck and it shows buffer preserved like a wooded tree buffer on Dam Neck where it says and I am sure it wouldn't impact the existing tree berm? Mr. DeSteph: You are referring to the original tree buffer through here? Mr. Wall: Right, yeah. Mr. DeSteph: None of this will change, all of that is going to remain the same. Mr. Wall: All of that remains the same. Mr. DeSteph: Absolutely, every bit of that will stay, this area will be re-seeded. This is your buffer that's there, none of that is going to change. I will ensure this 3.5 acres which I don't have control over, I will ensure that seeded with nice seedlings, of indigenous things like when we do reforestation of our farmland. 19 But we plan on taking zero trees out of this. We plan on leaving all of the buffers in this area. We don't want to touch any of it. And as a matter of fact, we don't plan on having access through here at all so probably let that go back to however the growth is. We are not going to have access out of this lot here at all. Mr. Wall: You know I understand that. You don't control the property where the seedling plantings are going to be on that next to the residential neighborhood Prince George Estates that you know I guess they are just going to discuss, I am not sure how that was ever. Mr. DeSteph: I have texted Mrs. Creech and told her that we need to re-seed this and she said that was never re-seeded because they never developed this. I told her as soon as we start developing, we are going to re-seed this area or as soon as I take control. She has no issues with it. I text her to while I was sitting here. I just want to address anything that comes up because we are trying to do the responsible thing. Last thing, I want to do is upset a lot of people. Mr. Weiner: What's the lot going to be. Is it going to be paved or is it going to be like a hard pressure one? Mr. DeSteph: It is going to be various gravel all the way up and I think the last on this one I think it's going to be 57 stone if I am not mistaken. We do that for drainage and part of the reason you do that is to store most of the water on the property. The capacity the way we design these, we're able to store in the 1000s of cubic yards of water right there on the site because you have clay and sand and large stone and stone, and stone all the way up. So, a lot of the water capacity will be taken here and stored underneath the gravel and you won't have that immediate drainage runoff that gets absorbed back in slowly over time. Ms. Oliver: Anybody else? Ms. Kwasny: I have the two questions remaining so, you said your hours were 7-6? Mr. DeSteph : 6 a.m. to 7 p.m., when we do construction like as we develop. When we develop the site, it will start at 7 a.m. and it will be finished by 6 p.m. the development of the site itself. Ms. Kwasny: And the hours of operation again will be? Mr. DeSteph: Will be 6 a.m. till 10 p.m. Ms. Kwasny: Can you put a limitation on? I am concerned about those generators despite the fact that you say they are quiet. I can understand that they need to be turned on in order to maintain 20 product in the transition from unplugging and leaving the site. Whatever the case may be but you know generators running at 6 o'clock in the morning and that have to pick them up for business but 10 o'clock at night can there be a different limitation that might be more, you know, in keeping with a neighborhood way of life for their quality of life. Mr. DeSteph: We can put it on lease, but I will be honest with you, if you are picking up your RV on a Friday morning or a Saturday morning to go out of town, you're going to attach to the generator. I am being as honest as possible, we cannot control that. We can put it on a lease,but it's going to be almost impossible to enforce. Ms. Kwasny: That was the answer to the question. So, how many trees did you say you are preserving? One? Mr. DeSteph: No, we have one but we are going to be preserving a lot of trees but we cut out one of the areas over in here where it was on the original site plan to develop. We cut that out because there is a 250-year-old tree and another 100-year-old tree here. We are going to preserve everything around those trees to include those two trees. The big thing was we didn't want to do anything to impact those two big trees. On the original plans that was approved in 2013 or 2015, those two trees and a lot of the other trees back there were going to go. We decided when we walked through there with the Corps of the Engineers, well first we decided when we walked the property, we didn't want to get rid of the trees because they are really cool and really big. Secondly, we went back there with the Corps of Engineers. They saw the things, said hey are you going to bulldoze these trees. We said absolutely not. We are going to keep these trees and do everything what we can do to keep these trees. The Corps of Engineers at that point said hey great, we are going to tell you that we would like you to keep this one over here which was 100- year-old tree and the other one is out further and we said no we are going to keep both the trees. We don't want to mess with either of those two trees. Ms. Oliver: Anybody else, no okay. Thank you, alright, we will close this hearing and open it back up to the commissioners for discussion. Anybody would like to go, yes, Mr. Redmond. Mr. Redmond: Thank you, I want to say I think we need to keep in mind here. This is a very narrow application and I don't want to get lulled into this notion that we are re-litigating the appropriate use for this site, it's already been zoned, so this is about the access, it's about thegenerators. One other issue, height, behind a 15-foot berm and the applicant has agreed to a 10-foot height restriction, so before we go and open it up to a broad-ranging discussion about all the things, it's not about I think we had to focus little bit on what it is about. It is really strictly the biggest issue it seems to me is about access and I cannot find anything in this that I find objectionable about that, but we really didn't talk about it much, so I do think the applicant has made very good faith effort to address some of the concerns that have been expressed. Even if they are not concerns for which he was responsible. I agree that the notion of inadequate 21 buffering just doesn't to me make any sense, 3.5 acres and a 15-foot berm to me is plenty of buffer and rare in fact in my experience, so based just on if we look at this not on, you know, broader issues that have been settled some time ago. This strikes me as, you know, not a particularly complicated application. With regard to drainage, this still will go through site plan review and that's when drainage is addressed. Drainage has never been part of the consideration as it is today, it's probably one of the, you know, the most focused upon topics in any kind of development throughout the city, so I have no doubt that that will be adequately addressed. I think this is an entirely reasonable application particularly with it's taken the height limit off the table that's why I don't have any problem supporting it and I will look forward to doing it, when we do. Ms. Oliver: Yes, Karen. Ms. Kwasny: I know we turned it to close session, but I just want to see if four points were confirmed by the applicant without a waxing poetic moment,but just a confirmation of four points. Ms. Oliver: Okay. Ms. Kwasny: May I do that? Ms. Oliver: Yeah, actually. Senator would you step up for us, thank you. Ms. Kwasny: I kind of just need a yes or no. So, you did say that you would I am not sure if you said, you would maintain but you would provide some management and tree the berm in some way? Mr. DeSteph: Today the berm has weeds over top. We are happy to put bushes on top, again I don't control access. I don't control that berm in that property so I would have to work in arrangement with Barbara Creech and I can ask her about it, we are happy to put bushes on the top of the berm which would bring you up to 20-25 feet. Ms. Kwasny: And, you also said that you would seed the 3.5 acre area at the point of development? Mr. DeSteph: Correct and we will re-seed that. Ms. Kwasny: And you also said that you will put a 10-foot height restriction limitation, correct? Mr. DeSteph: Absolutely, we will have that. Ms. Kwasny : And you said that you would put in the lease a time constraint on the generators, can you be specific? Mr. DeSteph: We have in our leases today, every single one of our leases says that no external generators are allowed. 22 Ms. Kwasny: Well, I know that. Mr. DeSteph: So, that's in my lease. On the internal generators, we can put in the lease and another paragraph specifically to this thing. On your internal generators you can't start before a certain time or after a certain time, it's going to be impossible to enforce it; however, we are happy to put it in the lease. Ms. Kwasny: And then my last question, actually it was five. Was that you are going to in your storm water maintenance address to your area, you are going to address your part of the ditch is what you are saying. You have no control of the other one, which I understand because that's a different property and a different application coming forward at some point,but you have got part of that drainage ditch, you will be addressing. Mr. DeSteph: Correct, everything in the lines of blue up there, I will be taking care of 100% of it. Ms. Kwasny: I just want to clarify that, not for me, but for the residents who are concerned about it. Mr. DeSteph: Yeah, we will take care of everything on the inside of that. Ms. Kwasny: Alright,that's all I have. Ms. Oliver: Okay great. Thank you. Mr. Weiner: J ust want to point out one thing, one thing I am really impressed about that the lot itself is not going to be concrete and it's going to be permeable and water is going to drain through it,that's big. So, it's going to keep water from going into the neighborhood. I like that. Ms. Oliver: Anybody else, no, do we have a motion. Mr. Hodgson. Mr. Redmond: Madam Chairwoman, I move that we approve the application. Ms. Oliver: Great, second? Mr. Hodgson: Second. Ms. Oliver: Thank you. Call for the question. Ms. Cartwright: By recorded vote of 9-0, item number six has been approved. Ms. Oliver: Thank you. 23 AYE 9 NAY 0 ABS 0 ABSENT 2 HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI ABSENT THORNTON ABSENT WALL AYE WEINER AYE PROFFERS PROFFER 1: Proffer numbered 1 as set forth in the 2015 First Amended Proffers is hereby re-adopted and shall read: When the Property is developed, it shall be developed into a bulk storage facility within heavy landscape buffers as shown on the exhibit entitled"CONCEPTUAL SITE LAYOUT 7 LANDSCAPE PLAN OF CREECH OUTSIDE STORAGE, Virginia Beach, Virginia", dated March 24,2014, and prepared by MSA, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning& Community Development(hereinafter"Site Plan"). CONDITIONS 1. Access to the Bulk Storage Yard shall be from Dam Neck Road from an existing 30-foot private ingress/egress or as otherwise approved by Traffic Engineering. As required by the Zoning Ordinance,the vehicular ingress/egress to this site from Dam Neck Road or any other easement or right-of-way shall be of a like zoning of the Bulk Storage Yard site or a more intense zoning classification than that of the Bulk Storage Yard property. The rezoning of the commercial entrance to the site via the private ingress/egress easement, as depicted on the proposed plat entitled `Subdivision Plat of Parcel D, dated July 27, 2018', and prepared by MSA, P.C, shall be approved by City Council prior to site plan approval of the Bulk Storage Yard. 24 2. The Bulk Storage Yard shall be used for the storage of licensed and operable motor vehicles including: cars, recreational vehicles and buses, and boats on trailers that are licensed and operable (the trailers), including panel trucks that are not permitted to be parked in residential communities. No storage of construction equipment shall be permitted at this facility. 3. No equipment shall be stored in the Bulk Storage Yard other than in fully enclosed steel storage containers. No storage containers shall be permitted to be stacked. Any storage containers on the property shall be located on the ground. 4. External generators shall be prohibited from operating at any time on the property. 5. All outdoor lighting shall be shielded to direct light and glare onto the premises. Said lighting and glare shall be deflected, shaded, and focused away from adjoining property. Any outdoor lighting fixtures shall not be erected any higher than fourteen (14) feet. 6. No freestanding signage shall be permitted along the Dam Neck Road frontage. 7. Access to the facility shall be restricted by a gated entry containing a keypad. Access shall be available only from 6:00 a.m. until 10:00 p.m. 8. The storage facility shall not be used for any purpose other than the storage of vehicles and goods as identified in Condition 2. No person shall be permitted to reside at the facility, and no other repair, retail, or other similar business shall be conducted on the site. 25 G1N�Bch, �� `` `:t CITY OF VIRGINIA BEACH �* p '41 `' INTER-OFFICE CORRESPONDENCE-�,> # Of OUR'Roo" In Reply Refer To Our File No. DF-10127 DATE: November 2, 2018 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilson S2 DEPT: City Attorney RE: Conditional Zoning Application; BT Holdings Ill, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on November 13, 2018. I have reviewed the subject proffer agreement, dated July 31, 2018 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 BT HOLDINGS III, LLC,a Virginia limited liability company DAM NECK STORAGE PARTNERS, LLC, 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 31st day of July, 2018, by and between BT HOLDINGS III, LLC, a Virginia limited liability company, party of the first part, Grantor; DAM NECK STORAGE PARTNERS, LLC, a Virginia limited liability company, party of the second part, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, party of the third part, Grantee. WITNESSETH: WHEREAS, the Grantors are the owner of that parcel of property located in the Beach District of the City of Virginia Beach, containing approximately 28.74 acres which is more particularly described in Exhibit"A"attached hereto and incorporated herein by this reference. Said parcel is hereinafter referred to as the "Property"; and WHEREAS, the Grantors have initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from AG-1 Agricultural District, AG-2 Agricultural District and the R-2o Residential District to the I-1 Industrial District; and 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 GPIN: 2405-63-1630 (Part of) Prepared By: John M.Napier,Esquire,VSB#82973 Hanger Law 618 Village Drive,Suite J Virginia Beach,Virginia 23454 1 WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the Grantor's proposed rezoning, 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 resolve the situation to which the Grantor's rezoning application 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 amendment to the Zoning Map with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. 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 make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree 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, grantee, and other successors in interest or title: 1. When the Property is developed, it shall be developed into a bulk storage facility with heavy landscape buffers as shown on the exhibit entitled "CONCEPTUAL SITE LAYOUT & LANDSCAPE PLAN OF CREECH OUTSIDE STORAGE, Virginia Beach, Virginia", dated March 24, 2018, prepared by MSA, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning(hereinafter"Site Plan"). 2. Outside bulk storage in the areas designated on the Site Plan shall be the only use permitted on the Property without an amendment to these proffers. 2 3. Further conditions may be required by the Grantee during detailed Site Plan and/or Subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to the AG-1, AG-2, R-2o, and I-1 Districts and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by the City Council, which are by this reference incorporated herein. 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, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; 3 (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the Grantor and the Grantee. [SIGNATURES APPEAR ON THE FOLLOWING PAGES] 4 WITNESS the following signature and seal: Grantor: BT Holdings III, LLC, a Virginia limited liability company By: Zi-gA r (SEAL) Barbara T. Creech, Managing Member STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me by Barbara T. Creech, Managing Member of BT Holdings III, LLC, a Virginia limited liability company, party of the first part, Grantor. GIVEN under my hand this 31st day of July, 2018. �r.••• Notary Public My Commission Expires: 42;3/ Notary Registration No.: ! f� JOYCE CATHERINE ANDERSON NOTARY PUBLIC REG. #7653406 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES OCT.31,2019 5 WITNESS the following signature and seal: Grantor: Dam Neck Storage Partners, LLC, a Virginia limited liability company (SEAL) William E.Terry, Mana g Member STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me by William E.Terry, Managing Member of Dam Neck Storage Partners, LLC, a Virginia limited liability company, party of the second part, Grantor. GIVEN under my hand this 31st day of July, 2018. .dZa_L-AL4C— Notary Public My Commission Expires: /0:31 /9 Notary Registration No.: 76 6.#rot JOYCE CATHERINE ANDERSON NOTARY PUBLIC REG. #7653406 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES OCT.31,2019 6 EXHIBIT "A" METES AND BOUNDS DESCRIPTION PROPOSED CREECH OUTSIDE STORAGE Beginning at the southeast intersection of Harpers Road, a variable width public right-of- way, and Dam Neck Road, a variable width public right-of-way; thence along the right-of- way line of Dam Neck Road N 82°50'43" E a distance of 34.71 feet to a point; thence N 84°41'40" E a distance of 1716.46 feet to a point; thence departing Dam Neck Road along a proposed rezoning line between the proposed Conditional I-1 zoning area (subject zoning area) and the existing AG-2 zoning area of Parcel D (GPIN: 2405-63-1630) S 16°05'41" E a distance of 1349.75 feet to a point; thence along a common property line between Prince George Estates and the subject zoning area N 67°41'5o" W a distance of 676.44 feet to a point; thence S o6°50'39" W a distance of 59.28 feet to a point; thence S 09°37'35" E a distance of 127.05 feet to a point; thence along a common property line between GPIN: 2405-42-2762 and the subject zoning area N 51°18'56" W a distance of 246.92 feet to a point; thence along a common property line between Parcel 421-A (GPIN: 2405-33-2394) and the subject zoning area N 51°15'13" W a distance of 1250.66 feet to a point on the easterly right-of-way line of Harpers Road; thence along a curve to the left having a radius of 313.11 feet, an arc length of 202.55 feet, a chord bearing of N 33°36'34" E, and a chord distance of 199.01 feet, to the point of beginning. Said parcel contains 1,2511848 square feet or 28.74 acres. GPIN: 2405-63-1930 (Part of) 7 -X,...„----- % \\\\\:: yi i. 1 r „ y 5-77 V . •\ ,. VPir- „ / .,.. 7-- %. .., 7. \, CV aa ..._ ., 1104 ** .e.r „--- ., ..., 07. fie -_ \„.'l00 '� 1111 7..cs0 ,----' 00\. co \ t II �`4\\ • 14111.1,111' 104 ilit • 11 /\ 1.1(.. \r2 ''t2 I CI 110 \ - - is.:\-"\\33- ./ t\ CIfe . Ce 4 i 40 . a111) 1111..1 1011111I' It” lik - --.. t lI . ItIll •„, / y, fl ` y4 ��, � , . *II, Ci',7 ... a co,...„,..-- •i r Ci4 fo s �' � � rj.. CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: TONYA MITCHELL [Applicant] BO WANG [Property Owner] Conditional Use Permit (Family Day-Care Home) for the property located at 1501 Three Gait Trail (GPIN 1495074771), COUNCIL DISTRICT — ROSE HALL. MEETING DATE: November 13, 2018 • Background: The applicant requests a Conditional Use Permit for a Family Day-Care Home to care for up to 12 children within a single-family dwelling in the Grassfield Farms neighborhood. The typical hours of operation will be from 6:00 a.m. to 6:00 p.m., Monday through Friday. • Considerations: Family Day-Care homes provide a valuable service for families in Virginia Beach. The 6,277 square foot property has an enclosed backyard for the children to play safely outdoors. There is adequate area on-site to accommodate client drop-off and pick-up. The conditions are designed to alleviate the potential for congestion of client parking in the right-of-way and disturbance to the surrounding property owners. Further details pertaining to the request, as well as Staff's evaluation, are provided in the attached Staff report. Following the Planning Commission meeting, Staff received one letter of opposition from an adjacent property owner. The letter noted concerns related to the flow of traffic and reduced safety of residents due to increased traffic. • Recommendations: City Staff recommends approval of this request. The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request. 1. Arrival and departure times shall be staggered to avoid vehicular congestion. 2. The Family Day-Care Home shall be limited to a total of twelve (12) children, other than children living in the home. 3. The applicant shall maintain a license for the in-home daycare operation with the Commonwealth of Virginia, Department of Social Services. Tonya Mitchell Page 2 of 2 4. No more than one (1) person, other than the applicant, shall assist with the operation of the family day-care home at any one time. 5. Any sign identifying the Home Occupation shall be non-illuminated, not more than one (1) square foot in area and shall only be mounted flat against the residence. 6. The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach. Prior to operation, the applicant shall obtain a Certificate of Occupancy from the Building Official's Office for use of the house as a Family Day-Care Home. • Attachments: Staff Report and Disclosure Statements Location Map Minutes of Planning Commission Hearing Recommended Action: Staff recommends Approval. Planning Commission recommends Approval. Submitting Department/Agency: ping Department City Manager: j4Jk. Applicant Tonya Mitchell Property Owner Bo Wang Agenda Item IIII Public Hearing October 10, 2018 my l City Council Election District Rose Hall 3 Virginia Beach Request Conditional Use Permit(Family Day-Care Home) >75 08 CNL APZ. C.a`P COH ,dl. _ AP77 0. Staff Recommendation P °'° Q•0's. Nall, n Approval .,•' 3` \......‘.. ‘ °* ! Staff Planner i3O Robert Davis `.,. i AL 1 70-75419 VOL '"°> IV Location X4.4 1501 Three Gait Trail R,,e,"„• w+ �.�-�"'" GPIN 1 `� \ 1495074771 dn,r., Site Size .„,s4.5/ t 6,277 square feet AICUZ 70-75 dB DNL Watershed Southern Rivers Existing Land Use and Zoning District 14, Single-family dwelling/R-5D Residential i , '` Surrounding Land Uses and Zoning Districts North r t 0 Single-family dwellings/R-5D Residential South it \ v.; ," is, - Single-family dwellings/R-5D Residential 8., _ ` t. East # e `� t a Three Gait Trail t �s�/ Single-family dwellings/R-5D Residential ,, iit- ,,, \,- West ,,, , „.. , a , v- Stalls Way ' Single-family dwellings/R-5D Residential J I, Vio Tonya Mitchell Agenda Item 3 Page 1 Background and Summary of Proposal • The applicant requests a Conditional Use Permit for a Family Day-Care Home to care for up to 12 children within a single-family dwelling in the Grassfield Farms neighborhood. • The property has an enclosed back yard for the children to play safely outdoors. • The proposed typical hours of operation will be from 6:00 a.m.to 6:00 p.m., Monday through Friday. ,45D A-18• R-5D %4 / \ �-=5D/4,0.75 Zoning History +,e oi°NL # Request 7:77) R-so Go 1 CUP(Mini-warehouse)Approved 09/26/1995 00 777 \ / B-2 R-SD `5, 1 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 proposed Conditional Use Permit request for a Family Day-Care Home, in Staff's opinion, is consistent with the Comprehensive Plan's land use policies for residential areas,as it will provide a valuable service for families in the Suburban Area.To alleviate the potential for congestion of client parking in the right-of-way,Staff recommends a condition to stagger pickup and drop off times. For the reasons stated above,Staff recommends approval of this application,subject to the following conditions. Recommended Conditions 1. Arrival and departure times shall be staggered to avoid vehicular congestion. 2. The Family Day-Care Home shall be limited to a total of twelve (12)children,other than children living in the home. 3. The applicant shall maintain a license for the in-home daycare operation with the Commonwealth of Virginia, Department of Social Services. Tonya Mitchell Agenda Item 3 Page 2 4. No more than one (1) person, other than the applicant,shall assist with the operation of the family day-care home at any one time. 5. Any sign identifying the Home Occupation shall be non-illuminated, not more than one(1)square foot in area and shall only be mounted flat against the residence. 6. The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach. Prior to operation,the applicant shall obtain a Certificate of Occupancy from the Building Official's Office for use of the house as a Family Day-Care Home. 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. Comprehensive Plan Recommendations The Comprehensive Plan recognizes this property as being within the Suburban Area.Guiding principles have been established in the Comprehensive Plan to guard against possible threats to the stability of the Suburban Area and to provide a frame work for neighborhoods and places that are increasingly vibrant and distinctive.The Plan's primary guiding principle for the Suburban Area is to create"Great Neighborhoods," and to support those neighborhoods with complementary non-residential uses in such a way that working together the stability and sustainability of the Suburban Area is ensured for now and the future. Natural and Cultural Resources Impacts The site is located in the Southern Rivers watershed.There does not appear to be any significant natural or cultural resources associated with the site. Traffic Impacts Street Name Present Volume Present Capacity Generated Traffic 1501 Three Gait Trail No Data Available Existing Land Use 3-10 ADT Proposed Land Use -48 ADT 'Average Daily Trips 2 as defined by one single- Sas defined by Family Day-Care Home 4 LOS=Level of Service family dwelling with up to 12 children Public Utility Impacts Water& Sewer This site is currently connected to both City water and sanitary sewer service. Tonya Mitchell Agenda Item 3 Page 3 Site Layout I Fence I 1 Existing Dwelling i� Tonya Mitchell Agenda Item 3 Page 4 Site Photos • F1. • • r , x si P a t Y . ate- "# s < I �� ' :.� � >�Y?R?�,+,�`€ria•-„ _ w._+ Tonya Mitchell Agenda Item 3 Page 5 Disclosure Statement N/B irhinia Bcach APPLICANT'S NAME Tonya Mitchell DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance, Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. SECTION 1 / APPLICANT DISCLOSURE 1 Page lof7 0 ❑ /d/3//oaP�t� Z Robert A.Davis ❑ 1 Tonya Mitchell Agenda Item 3 Page 6 Disclosure Statement Virginia Beach 0 Check here if the APPLICANT IS NOT a corporation, partnership, firm, business, or other unincorporated organization. ❑ Check here if the APPLICANT IS a corporation, partnership, firm, business, or other unincorporated organization. (A) List the Applicant's name:Tonya Mitchell If an LLC, list all member's names: If a CORPORATION, list the the names of all officers, directors, members, trustees, etc. below: (Attach list if necessary) (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes1 and 2 SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if proverty 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:Bo Wang If an LLC, list the member's names: Page 2 of 7 Tonya Mitchell Agenda Item 3 Page 7 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 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) 1 "Parent-subsidiary relationship'. means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation. See State and Local Government Conflict of Interests Act.Va Code§2.2-3101. 2 'Affiliated business entity relationship" means "a relationship. other than parent-subsidiary relationship. that exists when(i)one business entity has a controlling ownership interest in the other business entity. (ii) a controlling owner in one entity is also a controlling owner in the other entity. or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities: there are common or commingled funds or assets. the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis: or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act. Va.Code§ 2.2-3101. SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: IF THE OWNER AND APPLICANT ARE DIFFERENT, EACH MUST COMPLETE THE SECTION SEPERATELY Page 3 of 7 Tonya Mitchell Agenda Item 3 Page 8 Disclosure Statement NiB APPLICANT Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) Accounting and/or preparer of your tax return Architect/Landscape Architect/ Land Planner Contract Purchaser(jf other than ❑ the Applicant)- identify purchaser and purchaser's service providers Any other pending or proposed ❑ " purchaser of the subject property (identify purchaser(s)and purchaser's service providers) Construction Contractors Engineers/Surveyors/Agents Financing (include current mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) // Legal Services Real Estate Brokers / Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ ' an interest in the subject land or any proposed development 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 Tonya Mitchell Agenda Item 3 Page 9 Disclosure Statement 3>`, Virginia Beach CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council,VBDA meeting,or meeting of any public body or committee in connection with this A plication. APPDCANT'S SIGNATURE (�, PRINT NAME 1c�t� Wrtht‘‘ DATE ^ 1 r1-a61S Page S of 7 Tonya Mitchell Agenda Item 3 Page 10 Disclosure Statement \i/B OWNER Virginia Beach YES NO SERVICE PROVIDER(use additional sheets if needed) ❑ „ Accounting and/or preparer of your tax return ❑ ►' Architect/ Landscape Architect/ Land Planner ❑ ® Contract Purchaser(if other than the Anolicant) - 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) 1=1I►/ Construction Contractors ❑ Engineers/Surveyors/Agents Financing (include current loanDepot.com mortgage holders and lenders ❑ selected or being considered to provide financing for acquisition or construction of the property) ❑ ® Legal Services Real Estate Brokers / • ® Agents/Realtors for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have ❑ ® an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? Page 6 of 7 Tonya Mitchell Agenda Item 3 Page 11 Disclosure Statement 1 _ -1J 1'irg ni::1t .( 1 CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body or committee in connection with this Application. PROPERTY OWNER'S SIGNATURE PRINT NAME I DATE • • Page 7 of 7 Tonya Mitchell Agenda Item 3 Page 12 Next Steps • Upon receiving a recommendation from Planning Commission,this request will be scheduled for a City Council public hearing. Staff will inform the applicant and/or their representative of the date of the hearing in the upcoming days. • Following City Council's decision,the applicant will receive a decision letter from Staff. • Once the conditions of approval are in place and/or completed,the applicant must contact the Zoning Division of the Planning Department to obtain verification that the conditions have been met. Contact the Zoning Division at 757-385-8074. • If the request requires land disturbance and/or a subdivision of property, please contact the Development Services Center(DSC)to discuss next steps for site plan/plat review. Contact the DSC at 757-385-4621 or the Development Liaison Team at 757-385-8610. • Please note that 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. Tonya Mitchell Agenda Item 3 Page 13 Item #3 Tonya Mitchell Conditional Use Permit (Family Day-Care Home) 1501 Three Gait Trail District—Rose Hall October 10th, 2018 CONSENT Mr. Wall: Alright, thank you. This is a Conditional Use Permit for a Family Day-Care Home. The applicant requests a Conditional Use Permit for Day-Care Home for up to 12 children within a single-family dwelling in the Grassfield Farms neighborhood. The property has an enclosed backyard for the children to play safely outdoors. The proposed typical hours of operation will be from 6:00 a.m. to 6:00 p.m., Monday through Friday. The conditions are acceptable, based on the applicant not being here, and staff recommends approval. Therefore, we have placed this item on the consent agenda. AYE 9 NAY 0 ABS 0 ABSENT 2 HODGSON AYE HORSLEY AYE INMAN AYE KWASNY AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI ABSENT THORNTON ABSENT WALL AYE WEINER AYE 1 CONDITIONS 1. Arrival and departure times shall be staggered to avoid vehicular congestion. 2. The Family Day-Care Home shall be limited to a total of twelve(12) children, other than children living in the home. 3. The applicant shall maintain a license for the in-home daycare operation with the Commonwealth of Virginia, Department of Social Services. 4. No more than one (1) person, other than the applicant, shall assist with the operation of the family day-care home at any one time. 5. Any sign identifying the Home Occupation shall be non-illuminated, not more than one (1) square foot in area and shall only be mounted flat against the residence. 6. The applicant shall obtain all necessary permits and inspections from the City of Virginia Beach. Prior to operation, the applicant shall obtain a Certificate of Occupancy from the Building Official's Office for use of the house as a Family Day-Care Home. 2 K. APPOINTMENTS BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS -ELECTRICAL DIVISION -NEW CONSTRUCTION DIVISION -PLUMBING AND MECHANICAL DIVISION BOARD OF ZONING APPEALS CHESAPEAKE BAY PRESERVATION AREA BOARD COMMUNITY SERVICES BOARD DEFERRED COMPENSATION BOARD HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE HISTORIC PRESERVATION COMMISSION HISTORICAL REVIEW BOARD HUMAN RIGHTS COMMISSION INVESTIGATION REVIEW PANEL MINORITY BUSINESS COUNCIL PERSONNEL BOARD PLANNING COMMISSION PUBLIC LIBRARY BOARD RESORT ADVISORY COMMISSION STORMWATER APPEALS BOARD TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION WETLANDS BOARD L. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT *****************.m PUBLIC COMMENT Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers **xxxxx*xxx*9cx*xx***.xxxxxxxxxxx ******************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ****************************** 11/08/18 PM CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:10/16/2018 PAGE: 1 D A AGENDA V ITEM# SUBJECT MOTION VOTE A E H W B N E J U I B P DNOK M H L W O O Y L N A 0 R S 0 T R EEENS I 0 0 T TR YS E S N N D 1. CITY COUNCIL'S BRIEFING Sameer Bawa, A. DISPARITY STUDY CONSULTANT Ph.D.,Managing FEEDBACK Director—BBC Research and Consulting Iris McClish, Director—BBC Research and Consulting IL CITY MANAGER'S BRIEFINGS Patti Phillips, A. UNAUDITED FINANCIAL RESULTS Director—Finance III/IV/V/ CERTIFICATION CERTIFIED 10-0 Y Y Y Y Y Y Y Y Y Y VI F/G MINUTES APPROVED 8-0 '' Y Y Y Y A Y Y A Y B B October 2,2018 S S T T A A I 1 N N E E D D H MAYOR'S PRESENTATION James E.Parke, 1-1.1 EXTRA MILE DAY Volunteer Resources VIRGINIA BEACH COUNCIL OF CIVIC Chief Lee H.2 ORGANIZATIONS AWARDS Lockamy, Nansemond Indian Tribe PUBLIC HEARING 1.1 SOUTHEASTERN PUBLIC SERVICE NO SPEAKERS AUTHORITY OF VIRGINIA(SPSA) Amended and Restated Articles of Incorporation J. Resolution to APPROVE and ADOPT the ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y Amended and Restated Articles of CONSENT Incorporation re Southeastern Public Service Authority of Virginia(SPSA) J.2. Resolution to ADOPT the City's 2019 ADOPTED 10-0 Y Y Y Y Y Y Y Y Y Y Legislative Agenda(Deferred from October 2,2018)—(ITEMS 1-19,231* ITEM 20—CITY CHARTER DEBT REMOVED 8-2 N Y Y Y Y Y N Y Y Y PROVISIONS ITEM 21—WARD SYSTEM&ITEM 22— WITHDRAWN 10-0 Y Y Y Y Y Y Y Y Y Y TERM LIMITS * ITEM 3 WAS ADOPTED 9-1,MOSS VOTED NAY ITEM 10 WAS ADOPTED 9-0,ABBOTT ABSTAINED CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:10/16/2018 PAGE: 2 D A AGENDA V ITEM# SUBJECT MOTION VOTE A E H W B N E J U I B P DNOK M H L W O 0 Y L N A 0 R S 0 TR EEENS I 0 0 T T R Y S j E S , N N D J.3. Resolution to MOVE and RESCHEDULE ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y the November 6,2018 Regular Meeting of CONSENT the City Council to November 13,2018 with time and location to remain same J.4. Resolution regarding the effective date of ADOPTED 9-1 Y Y Y N Y Y Y Y Y Y prospective regulations re Home Sharing and Short Term Rentals J.5. Resolution to SUPPORT the City's 2018 ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y Application to the Virginia Department of CONSENT Transportation(VDOT)re Bicycle and Pedestrian Safety Program at Pacific Ave between 5th and 40ih Streets J.6. Ordinance to AMEND City Code Section ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y 8-70 re composition of the Local Board of CONSENT Building Code Appeals—Electrical Division J.7. Ordinance to AUTHORIZE temporary ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y encroachments into a portion of City Property CONSENT known as West Neck Rd,Back Gate Dr, and Tin Barn Way located adjacent to the Subdivision of Kingston Estates re construct and maintain two(2)entry wing walls J.8. Ordinances to ACCEPT and APPROPRIATE from the Federal Emergency Management Agency(FEMA): a $33,750 in Grant Funds to the FY2018-19 ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y Police Department Operating Budget re CONSENT marine patrol dive equipment b $1,323,990 in Grant Funds to the FY2018-19 ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y Fire Department Operating Budget re CONSENT continued operation of the Virginia Task Force 2 Urban Search and Rescue Team c $500,000 in reimbursement from the Federal ADOPTED 10-0 Y Y Y Y Y Y Y Y Y Y Emergency Management Agency(FEMA)to the FY2018-19 Fire Department Operating Budget re mobilization of the Virginia Task Force 2 Urban Search and Rescue Team for Hurricanes Lane,Olivia,and Florence J.9 Ordinances to ACCEPT and APPROPRIATE: a. $15,555 In Lieu of Park Reservation from the ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y Trotter Court Subdivision to the CONSENT Parks/Special Use Facility Development and Renovations III CIP $46,128.75 in donations from the Friends of ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y b Virginia Beach Public Libraries to the CONSENT FY2018-19 Department of Public Libraries Operating Budget CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:10/16/2018 PAGE: 3 D A AGENDA V ITEM# SUBJECT MOTION VOTE A E H W B N E J U 1 B P DNOK M H L W O O Y L N A 0 R S 0 TR EEENS I 0 0 T T R YS E S N N D K. KYLE W.&BAILEY B.FETT for a APPROVED/ 10-0 Y Y Y Y Y Y Y Y Y Y K.1. Variance to Section 4.4(b)of the Subdivision CONDITIONED, Regulations re lot width at 633 Princess BY CONSENT Anne Rd DISTRICT 7—PRINCESS ANNE K.2. PRINCESS ANNE MEADOWS,LLC/ APPROVED/ 10-0 Y Y Y Y Y Y Y Y Y Y WILLIAM&JAMES SNOWDEN for a MODIFIED,AS Conditional Change of Zoning from AG-1 PROFFERED,BY Agricultural to Conditional R-I O Residential CONSENT and Modification of Proffers at the 2800- 2900 Block of Princess Anne Rd(Dated September 22,2015)DISTRICT 7— PRINCESS ANNE K.3. GRIER HAHN ENTERPRISES,INC./ APPROVED/ 10-0 Y Y Y Y Y Y Y Y Y Y POOLE'S DOCKSIDE,LLC for a MODIFIED,BY Modification of Conditions re commercial CONSENT marina at 3311 Shore Dr(Approved April 22, 1974)DISTRICT 5—LYNNHAVEN K.4. CRESPO ENTERPRISES,INC.d/b/a APPROVED,AS 10-0 Y Y Y Y Y Y Y Y Y Y ROADRUNNER TOWING&AC AMENDED/ ENTERPRISES,INC.d/b/a LOGAN'S CONDITIONED, TOWING/5312 VIRGINIA BEACH BY CONSENT BOULEVARD,LLC for a Conditional Use Permit re bulk storage yard at 5312 Virginia Beach Blvd DISTRICT 2— KEMPSVILLE K.S. NOFISAT TAYO&BOLUDE JONES APPROVED/ 10-0 Y Y Y Y Y Y Y Y Y Y KOMOLAFE for a Conditional Use Permit CONDITIONED, re family day-care home at 1961 Arlington BY CONSENT Arch Dr DISTRICT 1— CENTERVILLE K.6. MAVIS BAHADOSINGH&NICHOLAS APPROVED/ 10-0 Y Y Y Y Y Y Y Y Y Y GRADY for a Conditional Use Permit re CONDITIONED, family day-care home at 1605 Cliffwood Dr BY CONSENT DISTRICT 3—ROSE HALL K.7. JASMEEN GOULD/CRUZ LIVING APPROVED/ 10-0 Y Y Y Y Y Y Y Y Y Y TRUST for a Conditional Use Permit re CONDITIONED, family day-care home at 4440 Pissarro Dr BY CONSENT DISTRICT 3—ROSE HALL K.B. ANDERSON'S VIRGINIA BEACH, APPROVED/ 10-0 Y Y Y Y Y Y Y Y Y Y LLC/AGI-VB HOLDINGS,LLC for a CONDITIONED, Conditional Use Permit re outdoor BY CONSENT recreational facility at 1925 Fisher Arch DISTRICT 7—PRINCESS ANNE K.9. MARY BOZARD/THOMAS LEE APPROVED/ 10-0 Y Y Y Y Y Y Y Y Y Y BOZARD for a Conditional Use Permit re CONDITIONED, residential kennel at 2880 Indian River Rd BY CONSENT DISTRICT 7—PRINCESS ANNE K.10. THE EDGE SPORTS,LLC/FAIRFIELD APPROVED/ 10-0 Y Y Y Y Y Y Y Y Y Y TIC,LLC;BCP TIC,LLC;DMF TIC, CONDITIONED, LLC;GCK TIC,LLC for a Conditional BY CONSENT Use Permit re indoor recreational facility at 5258-A Fairfield Shopping Center DISTRICT 2—KEMPSVILLE CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS DATE:10/16/2018 PAGE: 4 D A AGENDA V ITEM 4 SUBJECT MOTION VOTE A E H W B N E J U 1 B P DNOK M H L W O O Y L N A 0 R S 0 T R E E ENS I 0 0 T T R Y S E S N N D K.11. Ordinance to ADOPT and ADOPTED,BY 10-0 Y Y Y Y Y Y Y Y Y Y INCORPORATE into the Virginia Beach CONSENT Comprehensive Plan the Burton Station Strategic Growth Area Master Plan 2018 which will supersede the Burton Station Strategic Growth Area Master Plan 2009 and AMEND the Executive Summary,Sections 1.2(Urban Areas),and Chapter 3(Plan Implementation and Agenda for Future Action)of the Comprehensive Plan 2016 pertaining to the Burton Station Strategic Growth Area Plan L. APPOINTMENTS: RESCHEDULED BYCON S ENS US BEACHES AND WATERWAYS ADVISORY COMMISSION BOARD OF BUILDING CODE APPEALS —ELECTRICAL DIVISION HISTORICAL REVIEW BOARD HUMAN RIGHTS COMMISSION INVESTIGATION REVIEW PANEL PERSONNEL BOARD PUBLIC LIBRARY BOARD STORMWATER APPEALS BOARD TRANSITION AREA/INTERFACILITY TRAFFIC AREA CITIZENS ADVISORY BOARD VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION WETLANDS BOARD M/N/O ADJOURNMENT 7:26 PM