The URL can be used to link to this page

Home My WebLink AboutFEBRUARY 25, 2014 AGENDACITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR WII.LIAM D. S6SSOMS, JR., At Large V!C'G MAYOR LOUlS N. JONES, Bayside - DistrFCt a ROBGR7'M. DYER, Centervi!le - District 1 BARBARA M. HCNLF.Y, Princess Anne - Drstrict 7 SHANNON DS KANb', Rose Hall - District 3 BRAD MARTIN, P.E., At Large JOHN ll.MOSS, At Lurge AMEL/A ROSS-HAMMOND, Kempsville - Dislrict 2 JOHN E. UHRIN, Beach - Districi 6 KOSEMARY WlLSON, A! Large JAMrS L. WOOD, L.ynnhaven -District 5 CITY COUNCIL APPOINTEES C!%'Y MANAGER - JAMES K SPORF.' CITY A77'ORNEY - MAKK D. S71LES CI'fY ASSISSOX JFRALD D. BANAGAN Cll'YAUDITOX LYNDONS. REMIAS Cll7 CI.ERK - RU TH HODGF.S FRASE2, MMC CITY COUNCIL AGENDA 25 February 2014 C/TYHAGL BU/LD/NG 2401 COURTHOUSE DRIVE V/RGIN/A BEACH, V/RGINlA 23456-9005 PHONE: (757) 385-4303 FAX (757) 385-5669 E- MAIL: Ctycncl@vbgov.com L CITY MANAGER'S BRIEFINGS - Conference Room - 3:30 PM A. REAL ESTATE ASSESSMENTS Jerald Banagan, Real Estate Assessor IL CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW IV. INFORMAL SESSION - Conference Room - A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. ROLL CALL OF THE CITY COUNCIL 4:30 PM C. RECESS TO CLOSED SESSION V. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. INVOCATION: Father James E. Parke 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 February 11, 2014 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. PRESENTATION l. KEEP AMERICA BEAUTIFUL 1. BID OPENING 1. LEASE OF CITY-OWNED PROPERTY 2401 Atlantic Avenue J. PUBLIC HEARINGS 1. LEASES OF CITY-OWNED PROPERTY a. 2401 Atlantic Avenue b. Virginia Beach Farmers Market to Sweet Enchantments Bakery, LLC c. Vetshouse at 1508 Ohio Avenue 2. EXCHANGE OF EXCESS CITY-OWNED PROPERTY a. 225 Clearfield Avenue 3. SALE OF EXCESS CITY-OWNED PROPERTY a. 219 N. Oceana Boulevard 4. PURCHASE AGREEMENT for the ACQUISITION OF ARP DEVELOPMENT RIGHTS a. 3500 Block of Old Carolina Road 5. PROPOSED UTILITY EASEMENT OVER CITY-OWNED PROPERTY a. Dominion Virginia Power at Winston Place K. ORDINANCES/RESOLUTIONS 1. Ordinance and Resolution to AMEND Section 2-20 of the City Code re time and place of regular meetings of City Council 2. Ordinance to AMEND Section 4 of the Agricultural Lands Preservation (ARP) Ordinance re the definition of "Agricultural Use" 3. Ordinance to AUTHORIZE acquisition of an Agricultural Land Preservation (ARP) Easement and the issuance of Contract Obligations of $558,469 re property of Furman G. Wall, Jr. 4. Ordinances to DECLARE property in EXCESS of the City's needs and AUTHORIZE the City Manager to: a. EXECUTE all Disposition and EXCHANGE Documents with Clearfield Real Estate Holdings, LLC at 225 Clearfield Avenue (KEMPSVILLE - DISTRICT 2) b. SELL property at 219 North Oceana Boulevard to William R. and Jill S. Gurley (BEACH - DISTRICT 6) 5. Ordinance to AUTHORIZE dedication of an easement to Virginia Electric and Power Company (VEPCO) at the intersection of Winston Place and East Stratford Road 6. Ordinances to AUTHORIZE the City Manager to EXECUTE: a. a Lease with 23 Atlantic LLC at 2401 Atlantic Avenue b. a Lease with Vetshouse, Incorporated at 1508 Ohio Avenue c. a Lease with Sweet Enchantments Bakery, LLC at the Farmer's Market 7. Ordinance to GRANT a Franchise Agreement re Pedal Cab operation in the Resort Area to Seven Cities Rickshaw, LLC 8. Resolution to AUTHORIZE a Policy on the display of banners on pedestrian bridges in Central Business Core District at Town Center 9. INVESTMENT OF CITY FUNDS: a. Resolution re a REVISED Policy and the Treasurer DIRECTED to use the Policy for the investment of City funds b. Ordinance to AUTHORIZE the VACO/VML Virginia lnvestment Pool Trust Fund to invest certain City funds within the City Treasurer's control 10. LESNER BRIDGE replacement: a. Resolution to REQUEST the Virginia Department of Transportation (VDOT) designate the Lesner Bridge replacement as a Revenue Sharing Program project b. Ordinance to ACCEPT and APPROPRIATE state and federal funding from the Virginia Department of Transportation (VDOT) and TRANSFER those funds within the roadway program 11. Ordinance to AUTHORIZE a temporary encroachment into a portion of City property at "the Boat Basin" in Murray's Creek for SHEILA P. ELDRIDGE re gazebo, bulkhead, landscape buffer and open pile timber pier at 1138 Milissa Court 12. Ordinances to ACCEPT, APPROPRIATE and TRANSFER: a. $523,003 from various buildings rehabilitation and renewal, Phase III, to Economic Development and the Strategic Growth Area office b. $513,050 from the School Site Landscaping Internal Service to Parks and Recreation re landscape projects c. $ 90,000 interest free loan to the Plaza Rescue Squad re a new ambulance d. $ 74,842 from the Virginia Department of Health, Office of Emergency Medical Services (EMS) re purchase of cardiac monitor upgrades, Lucas CPR devices and automatic external defibrillators e. $20,000 from Smart Beginnings South Hampton Roads to Economic Development re Early Learning Challenge Grant Initiative L. PLANNING 1. Application of GRAHAM REAL ESTATE, LL / KCLB, LLC DISTRICT 1 - CENTERVILLE a. Amendment to Green Run PDH Plan to allow development of a mini-warehouse (self- storage) b. Variance to the Subdivision Ordinance, Section 4.4(b), to create a new parcel at 1545 Lynnhaven Parkway RECOMMENDATION APPROVAL 2. Application of CROWN CASTLE USA, INC. for a Relocation of a Nonconforming Structure (communication tower) at Meadow Ridge Lane DISTRICT 7 - PRINCESS ANNE RECOMMENDATION DEFER TO APRIL 8, 2014 Application of R& J RETAIL INVESTMENTS, service station and car wash (approved December 5765 Northampton Boulevard DISTRICT 4 - BAYSIDE RECOMMENDATION INC. for Modification of Conditions re a 13, 1988 and Modified August 26, 1991) at APPROVAL 4. Application of ADVENTURE SPORTS PARK, LLC/KAMPGROUNDS OF AMERICA, INC. for Modification of a Conditional Use Permit re ADDING outdoor recreation (Paintball Park) (approved December 8,1969) at 1304 and 1252 Prosperity Road DISTRICT 6 - BEACH RECOMMENDATION APPROVAL 5. Application of MAHESH GOPINATH (applicant) and KELHAM PROPERTIES, LLC (owner) for a Conditional Use Permit re Vocational (dental assisting) Training School at 405 South Parliament Drive DISTRICT 2 - KEMPSVILLE RECOMMENDATION APPROVAL 6. Application of LUCILA A. FIGUEREO for a Conditional Use Permit for a Home Family Child Daycare at 2021 Manassas Run DISTRICT 1 - CENTERVILLE RECOMMENDATION APPROVAL 7. Application of WITCHDUCK COURT, LLC Modification of a Conditional Change of Zoning re Proffer No. 4(fencing) at 527 North Witchduck Road DISTRICT 4 - BAYSIDE RECOMMENDATION APPROVAL 8. Application of HOME ASSOCIATES OF VIRGINIA, INC. for a Conditional Change of Zonin from AG-1 Agricultural to Conditional R-15 Residential at 1864 Indian River Road (Deferred December 10, 2013) DISTRICT 7 - PRINCESS ANNE RECOMMENDATION APPROVAL 9. Application of HIF, LLC; HIC, LLC; MACH ONE, LLC for a Modification of a Conditional. Change of Zoning (approved April 11, 1995 and Modified October 11, 2011) re development oi' a retail building at 3877 Holland Road DISTRICT 3 - ROSE HALL RECOMMENDATION APPROVAL 10. Applications of HOFD ASHVILLE PARK, LLC / ELBOW FARMS ASSOCIATES, DISTRICT 7 - PRINCESS ANNE: a. Conditional Change of Zoning from AG-1 Agricultural and AG-2 Agricultural to PD-1-12 (P- 1 Preservation) to preserve natural open space at 3049 New Bridge Road b. Modification of Proffers of a Conditional Change of Zoning (approved May 10, 2005 and Modified February 14, 2012) to ADD the lot at 3049 New Bridge Road RECOMMENDATION INDEFINITE DEFER.RAL 11. Applications of the City of Virginia Beach to: a. ADD Article 22, Sections 2200 through 2212 ESTABLISHING the Central Business Core District b. AMEND the Official Zoning Map re "CBC Central Business Core District" c. ADD, AMEND, REORDAIN, REPEAL or RENUMBER certain Sections to CONFORM to the provisions of Article 22 of the City Zoning Ordinance (CZO) re conformance d. AMEND the Pembroke Strategic Growth Area 4 Implementation Plan and the Policy Document of the Comprehensive Plan e. AMEND and REORDAIN Sections 5.5, 5.613 and 5.14 of the Site Plan Ordinance applicable to property within the District f. ESTABLISH Transition Rules for the review of Site Plans, Subdivision Plats and other Plans for development g. AMEND Section 33-114.3 re encroachments by outdoor cafes, etc., within certain Zoning Districts h. AMEND Section 401 re farm stands in Agricultural Districts RECOMMENDATION APPROVAL M. APPOINTMENTS GREEN RIBBON COMMITTEE HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION INVESTIGATIVE REVIEW PANEL PERSONNEL BOARD PROCESS IMPROVEMENT STEERING COMMITTEE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION (VBCDC) 2040 VISION TO ACTION COMMLTNITY COALITION COMMISSION WORKFORCE HOUSING ADVISORY COMMITTEE N. UNFINISHED BUSINESS 0. NEW BUSINESS P. ADJOURNMENT *********?******************* If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 *********+*??**+************?*** CITY COUNCIL RETREAT Economic Development Office Town Center Monday, September 8, 2014 2014 CITY HOLIDA YS i'Vlenroricrl I)rty - Morrcluy, :M'cry 26 Irrdepenclence I)ay - I'ridrq, Juli, 4 Lrrbur° Dcry - Morirlcry, September 1 Veter•rrns ,?ay - Tcrestluy, :h'overnber 11 Tlrayrk,sgiiJitr? 1)rzir trizr! 1)uy rrftc?r? 'I'hunks?>iviri; - 7/rursrliry, NovernGer 27ur1ct Friclay, :?'UVernlier 28 C'hrr.stmcxs F.vct (half-dnj-) - Wcydrresrfny,9 .t7ecenzbet• 24 Chrisf.mas Drq - TfzrarrrCay, L)ecerriher 25 02/25/2014/gw 1. CITY MANAGER'S BRIEFINGS - Conference Room - 3:30 PM A. REAL ESTATE ASSESSMENTS Jerald Banagan, Real Estate Assessor II. CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW IV. INFORMAL SESSION - Conference Room - 4:30 PM A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. ROLL CALL OF THE CITY COUNCIL C. RECESS TO CLOSED SESSION V. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. INVOCATION: Father James E. Parke 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 February 11, 2014 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. PRESENTATION KEEP AMERICA BEAUTIFUL BID OPENING LEASE OF CITY-OWNED PROPERTY 2401 Atlantic Avenue ,.-?- ???,tia it, lt d ? •MY ?x, ? l?L?Y?Y REQUEST FOR BIDS LEASE OF CITY PROPERTY The City of Virginia Beach has received a proposal for a long-term lease (maximum 40 years) for the use of a portion of City-owned property located at 2401 Atlantic Avenue (GPIN 2427-19-4622). The purpose of the lease will be to maintain concrete piles and pile caps along the southern portion of the parcel for the benefit of the adjacent building. A copy of the full text of the proposetl ordinance is on file in the office of the City Clerk. Additional bids will be receivetl by the City until the date below. All bitls must be in writing. The right to reject any and all bids is hereby expressly reserved. Any questions concerning this matter should be directed to the Dept. of Public Works, Facilities Management Office, Bldg. 18, Room 225, phone number (757) 385- 5659. Bids shall be read by the Mayor of the City of Virginia Beach at the regular meeting of the City Council, which will be held in the Council Chamber, City Hall Building, Municipal Center, Virginia Beach, Virginia, on February 25, 2014, at 6:00 P.M., and after the reading of bids, the Council will either proceed with the consideration of the ordinance awarding of the aforesaid lease or will defer the matter to a subsequent meeting. BIDS MUST BE RECEIVED NO LATER THAN MONDAY, FEBRUARY 24, 2014, AT 4:00 PM. Ruth Hodges Fraser, MMC City Clerk Beacon Feb. 9& 16, 2014 23950291 J. PUBLIC HEARINGS 1. LEASES OF CITY-OWNED PROPERTY a. 2401 Atlantic Avenue b. Virginia Beach Farmers Market to Sweet Enchantments Bakery, LLC c. Vetshouse at 1508 Ohio Avenue 2. EXCHANGE OF EXCESS CITY-OWNED PROPERTY a. 225 Clearfield Avenue 3. SALE OF EXCESS CITY-OWNED PROPERTY a. 219 N. Oceana Boulevard 4. PURCHASE AGREEMENT for the ACQUISITION OF ARP DEVELOPMENT RIGHTS a. 3500 Block of Old Carolina Road 5. PROPOSED UTILITY EASEMENT OVER CITY-OWNED PROPERTY a. Dominion Virginia Power at Winston Place ? ., ?L??;w`y PUBLIC HEARING LEASE OF CfTY PROPERTY The Virginia Beach City Council will hold a PUBIIC HEARING on Tuesday, February 25, 2014, at 6:00 P.M. in the Council Chamber, City Hall - Bldg. #l, at the Virginia Beach Municipal Center. The purpose of this Hearing will be to obtain public comment on the proposed lease of the following City-owned property: Located at 2401 Atlantic Avenue (GPIN 2427-19-4622) for the purpose of maintaining concrete piles and pile caps along the southern portion of the parcel for the benefit Of the adjacent building Any questions concerning this matter should be directed to the Dept. of Public Works, Facilities Management Office, Bldg. 18, Room 228, phone number (757) 385-5659. If you are physically disabled or visually impaired and need assistance at this meeting, please call the City Clerk's Office at 385- 4303; Hearing impaired call 711. Ruth Hodges Fraser, MMC City Clerk Beacon February 16, 2014 23960900 J' au?eai?t f r i ? .? . ? PUBLIC HEARING LEASE OF CfTY PROPERTY The Virginia Beach Ciry Council will hold a PUBLIC HEARING on February 25, 2014 at 6:00 P.M. in the Council Chamber, City Hall - Bldg. 1, Virginia Beach Municipal Center. The purpose of this Hearing will be [o obtain public comment regarding the proposed lease of City-owned property located at the following addresses as defined below: 1) Virginia Beach Farmers Market - Bldg 7, Space# 30, 250 sf of space to Sweet Enchantments Bakery, LLC 2) 1508 Ohio Avenue- GPIN 2417-05-4214 If you are physically disabled or visually impaired and need assistance at this meeting, please call the City Clerk's Office at 385- 4303; Hearing impaired call 711. Any questions concerning this matter should be direCted to the Department of Pu61ic Works - Facilities Management Office, Room 228, Building 18, at the Virginia Beach Municipal Center - (757) 385-5659. Ruth Hodges Fraser, MMC City Clerk Beacon February 16, 2014 23947202 ?.? J PUBLIC HEARING EXCHANGE OF IXCESS Cf1Y PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on the dispositlon and exchange of ciry- owned property, Tuesday, February 25, 2014, et 6:00 P.M., in the Council Chamber of the City Hall Building (Building #1) at the Virginia Beach Municipal Center, Virgmia Beach, Virginia. Approximately 24,437 sq. ft. (.561 acre) parcel (GPIN: 1467-55-3559) located adjacent to 225 Clearfieid Avenue The purpose of this Hearing will be to obtain public input to determine whether the property should be declared "excess of the City's needs" and conveyed to Clearfield Real Estate Holdings, LLC. If you are physicalry disabled or visualy fmpaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385- 4303; Hearing impaired, call 711 (Virginia Relay -Telephone Device for the Deaf). Any questions concerning this matter should be directed to the Office of Real Estate, Building #2. Room 392, at the Virginia Beach Municipal Center. The Real Estate Office telephone number is (757) 385- 4161. Ruth Hodges Fraser, MMC Ciry Clerk Beacon February 16, 2014 23960351 r U'U 6?CZ PUBLIC HEARING SALE OF IXCESS CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on the disposition and sale of City-owned property, Tuestlay, February 25, 2014, at 6:00 P.M., in the Council Chamber of the City Hall Building (Building u1) at the Virginia Beach Municipal Center, Virginia Beach, Virginia. The property is located at 219 N. Oceana Boulevard (GPIN 2417-05-5236). The purpose of this Hearing will be to obtain public input to determine whether this praperty should be declared "Excess of the City's needs". If you are physicalty disabled or visually impalred and need assistance at this meeting, please call the CIiY CLERK'S OFFICE at 757- 385-0303; Hearing impaired, call 711 (Virginia Relay -Telephone Device for the Deaf). Any questions concerning this matter should be directed to the Office of Real Estate, Building #2, Room 392, at the Virginia Beach Municipal Center. The Real Estate Office telephone number is (757)385- 4161. Ruth Hodges Fraser, MMC City Clerk Beacon February 16, 2014 23961193 ,?M• w ^'?.'? ? :•????,f;' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance declaring a 1,338 Sq. Ft. (0.031 Ac.) portion of City property located at Lake Rudee (a portion of GPIN 2427-01-8282) to be in excess of the City's needs and authorizing the City Manager to sell this portion of property to Ronald G. Kiser, Jr. and Tarah D. Kiser MEETING DATE: February 25, 2014 Due to an error in the advertisement for this matter, staff recommends deferral to March 11, 2014 to allow for proper advertisement. Recommended Action: Deferral Submitting Department/Agency: Public Works/Real Estate City Manager. 1?, -?6 0,? r c``a? t 5i ? j •t t; ,a.;.:.;,:. .::,1i Sai F OF IXGESS GfTY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on the disposition and sale of excess City property, Tuesday, February 25, 2014, at 6:00 P.M., in the Council Chamber of the City Hall Building (Building #1) at the Virginia Beach Municipal Center, Virginia Beach, Virginia. The property is located at the rear of 606 Goldsboro Avenue along Bass Inlet East (a portion of GPIN: 2427-01-8282). The purpose of this Hearing will be to obtain public input to determine whether the property should be declared "Excess of the City's needs". If you are physicalry disabled or visualty impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 757- 385-4303; Hearing Impaired, call 711 (Virginia Relay - Telephone Device for the Deaf). Any questions concerning this matter should be directetl to the Office of Real Estate, Building #2, Room 392, at the Virginia Beach Municipal Center. The Real Estate Office telephone number is (757) 385- 4161. Ruth Hodges Fraser, MMC City Clerk Beacon February 16, 2014 23960649 ,y3?x e .s? NOTICE OF PUBLIC HEARING ON THE EXECUTION AND DELIVERY OF AN INSTALLMENT PURCHASE AGREEMENT FOR THE ACQUISITION OF DEVELOPMENT RIGHTS ON CERTAIN PROPERTY BY THE CITY OF VIRGINIA BEACH, VIRGINIA Notice is hereby given that the City Council of the City of Virginia Beach, Virginia, will hold a Public Hearingwith respect to the execution and delivery of Installment Purchase Agreement for the acquisition ot an agricultural land preservation easement with respectto 125.03+/- acres of land located at the 3500 Block of Old Carolina Road (GPIN 1389-16-1545), in the City of Virginia Beach, Virginia, pursuant to Ordinance No. 95-2319, as amended, known as the Agricultural Lands Preservation Ordinance, which establishes an agricultural reserve program for the southern portion oi the City designated to (a) promote and encourage the preservation of farmland, (b) preserve open spaces and the area's rural character, (c) conserve and protect environmentally sensitive resources, (d) reduce and deferthe need for major infrastructure improvements and the expenditure of public funds for such improvements, and (e) assist in shapingthe charac[er, direction and timing of community development. Such easement will be purchased pursuant to an Installment Purchase Agreementfor an estimated maximum purchase price of $558,469. The City's obligation to pay the purchase price under the Installment Purchase Agreement is a general obligation of the City, and the full faith and credit and the unlimited taxing power of the City will be irrevocably pledged to the punctual payment of the purchase price and the interest on the unpaid principal balance of the purchase price as and when the same respectively become due and payable. The Public Hearing, which may be continued or adjourned, will be held by the City Council on February 25, 2014, at 6:00 P.M. in the City Council Chamber located on the 2nd floor of the City Hall Building, 2401 Courthouse Drive, Virginia Beach, Virginia. Any person interested in this matter may appear and be heard. Ruth Hodges Fraser, MMC Ciry Clerk Beacon: Jan 12 & 19, 2014 r p?nunt??y, , ` wxr?w •i PROPOSED GRANT OF UTILffY FASEMENT OVER CfiY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING Tuesday, February 25, 2014, at 6:00 P.M., in the Council Chamber of the City Hall - Bldg. 1, Virginia Beach Municipal Center. The purpose of this Hearing will be to obtain public comment on the City's proposal to grant an easement to Dominion Virginia Power, a/k/a Virginia Electric and Power Company, over the following City-owned property: 4,395+/- sq. ft. across the western portion of GPIN: 1489-58-0146, adjacent to Winston Place, in Virginia Beach. Any questions concerning this matter should be directed to the Dept. of Public Works, Bldg. 2, Municipal Center, Virginia Beach, VA 23456, (757) 355-4167. If you are physically disabled or visually impaired and need assistance at this meeting, please call the City Clerk's Office at 385- 4303; Hearing impaired call 711. Ruth Hodges Fraser, MMC Ciry Clerk Beacon February 16, 2014 23961401 K. ORDINANCES/RESOLUTIONS 1. Ordinance and Resolution to AMEND Section 2-20 of the City Code re time and place of regular meetings of City Council 2. Ordinance to AMEND Section 4 of the Agricultural Lands Preservation (ARP) Ordinance re the definition of "Agricultural Use" 3. Ordinance to AUTHORIZE acquisition of an Agricultural Land Preservation (ARP) Easement and the issuance of Contract Obligations of $558,469 re property of Furman G. Wall, Jr. 4. Ordinances to DECLARE property in EXCESS of the City's needs and AUTHORIZE the City Manager to: a. EXECUTE all Disposition and EXCHANGE Documents with Clearfield Real Estate Holdings, LLC at 225 Clearfield Avenue (KEMPSVILLE - DISTRICT 2) b. SELL property at 219 North Oceana Boulevard to William R. and Jill S. Gurley (BEACH - DISTRICT 6) 5. Ordinance to AUTHORIZE dedication of an easement to Virginia Electric and Power Company (VEPCO) at the intersection of Winston Place and East Stratford Road 6. Ordinances to AUTHORIZE the City Manager to EXECUTE: a. a Lease with 23 Atlantic LLC at 2401 Atlantic Avenue b. a Lease with Vetshouse, Incorporated at 1508 Ohio Avenue c. a Lease with Sweet Enchantments Bakery, LLC at the Farmer's Market 7. Ordinance to GRANT a Franchise Agreement re Pedal Cab operation in the Resort Area to Seven Cities Rickshaw, LLC 8. Resolution to AUTHORIZE a Policy on the display of banners on pedestrian bridges in Central Business Core District at Town Center 9. INVESTMENT OF CITY FUNDS: a. Resolution re a REVISED Policy and the Treasurer DIRECTED to use the Policy for the investment of City funds b. Ordinance to AUTHORIZE the VACO/VML Virginia lnvestment Pool Trust Fund to invest certain City funds within the City Treasurer's control 10. LESNER BRIDGE replacement: a. Resolution to REQUEST the Virginia Department of Transportation (VDOT) designate the Lesner Bridge replacement as a Revenue Sharing Program project b. Ordinance to ACCEPT and APPROPRIATE state and federal funding from the Virginia Department of Transportation (VDOT) and TRANSFER those funds within the roadway program 11. Ordinance to AUTHORIZE a temporary encroachment into a portion of City property at "the Boat Basin" in Murray's Creek for SHEILA P. ELDRIDGE re gazebo, bulkhead, landscape buffer and open pile timber pier at 1138 Milissa Court 12. Ordinances to ACCEPT, APPROPRIATE and TRANSFER: a. $523,003 from various buildings rehabilitation and renewal, Phase III, to Economic Development and the Strategic Growth Area office b. $513,050 from the School Site Landscaping Internal Service to Parks and Recreation re landscape projects $ 90,000 interest free loan to the Plaza Rescue Squad re a new ambulance d. $ 74,842 from the Virginia Department of Health, Office of Emergency Medical Services (EMS) re purchase of cardiac monitor upgrades, Lucas CPR devices and automatic external defibrillators e. $20,000 from Smart Beginnings South Hampton Roads to Economic Development re Early Learning Challenge Grant Initiative C . ?1 Y CITY OF VIRGINIA BEACH ? AGENDA ITEM ITEM: An Ordinance and Resolution to Amend Section 2-20 of the City Code Pertaining to Time and Place of Regular Meetings MEETING DATE: February 25, 2014 ¦ Background: City Charter § 3.06 authorizes City Council to adopt its own rules of procedure, including setting the time and location of its meetings, and Virginia Code § 15.2-1416 authorizes City Council to change the dates of those meetings. Since 2009, regular formal meetings of City Council have been held on the second and fourth Tuesdays. Two councilmembers have been appointed to state boards, and the meeting dates of those boards conflict with the current City Council meeting schedule. ¦ Considerations: This ordinance would change the meeting dates of formal City Council meetings to the first and third Tuesdays of each month. For the months of July and December, however, regular meetings will continue to be held on the first two Tuesdays of the month. Council meeting times are part of the City Code, and Code amendments are made by ordinance, but the state law that authorizes changes in meeting dates provides that such change shall be made by resolution. Accordingly, this agenda item is a combination ordinance and resolution. The ordinance also contains a minor housekeeping edit which will change the term "City Council Chambers" to "City Council Chamber.° The effective date of this item is June 1, 2014. ¦ Public Information: Public information will be provided by the regular City Council agenda process. If approved, at least seven days prior to the June 3, 2014, meeting (which is the first meeting held after the effective date of this item), a copy of the approved ordinance will be published in the Beacon, and a copy will be placed on the door to the City Council Chamber. ¦ Attachment:Ordinance/Resolution Requested by Vice Mayor Jones REQUESTED BY VICE MAYOR JONES 1 AN ORDINANCE AND RESOLUTION TO 2 AMEND SECTION 2-20 OF THE CITY CODE 3 PERTAINING TO TIME AND PLACE OF 4 REGULAR MEETINGS 5 6 SECTION AMENDED: § 2-20 7 8 BE IT ORDAINED AND RESOLVED BY THE CITY COUNCIL OF THE CITY OF 9 VIRGINIA BEACH, VIRGINIA: 10 11 That Section 2-20 of the Code of the City of Virginia Beach, Virginia, is hereby 12 amended and ordained to read as follows: 13 14 Sec. 2-20. Time and place of regular meetings. 15 16 (a) Regular formal meetings of the council shall be held in the Council Chambers of the 17 City Hall Building, Municipal Center, Virginia Beach, Virginia, on the seseRd first 18 and #eurt# third Tuesdays of each month at 6:00 p.m., unless such date shall fall 19 upon a legal holiday. However, in July and December of each year, regular 20 meetings shall instead be held on the first two (2) Tuesdays of the month at 6:00 21 p.m. The council may also convene informal meetings on the dates of regular 22 formal meetings at such times as the council may deem appropriate, and on the 23 #+f-st second and thiFd fourth Tuesday of every month except July and December. 24 Informal meetings, which shall be held in the Council Conference Room adjacent to 25 the Council Chambers and at which no votes shall be cast, shall be for the purpose 26 of discussing matters of interest to the council, and receiving briefings/reports from 27 the city manager, city staff and city boards, commissions, committees and other city 28 agencies. The city manager shall notify the public of the times of such informal 29 meetings in advance thereof. 30 31 (b) To accommodate citizen participation in public hearings, the council may convene 32 any council meeting at such public facility in the city that will in the judgment of city 33 council accommodate the citizens; provided, however, that notice shall be provided 34 to the press and public by the city manager. 35 36 (c) Pursuant to section 2-56, the city clerk shall prepare official minutes of all formal 37 and informal meetings of the council. Additionally, all formal and informal meetings 38 of council held in either the Council Chambers or the Council Conference Room 39 shall be cablecast live. Formal and informal meetings held at a different location 40 pursuant to subsection (b) shall be recorded for later cablecast. Notwithstanding the 41 above, the inoperability or other technical malfunction of cablecasting or video 42 recording of a meeting shall have no effect on the validity of either the meeting or 43 any action taken during the meeting. 44 45 The effective date of this ordinance shall be June 1, 2014. 46 AND, FURTHER, BE IT RESOLVED: 47 That the City Clerk shall cause a copy of this ordinance to be published in a 48 newspaper of general circulation and posted on the front door of the City Council 49 Chamber at least seven days prior to the June 3, 2014, City Council meeting. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2014. APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Offic CA12892 R-5 February 19, 2014 $ s CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Section 4 of the Agricultural Lands Preservation Ordinance, Pertaining to the Definition of the Term "Agricultural Use" MEETING DATE: February 25, 2014 ¦ Background: The current Agricultural Lands Preservation Ordinance (a/k/a ARP Ordinance) limits allowable uses on ARP property to those specifically included within the definition of the term "agricultural use" in Section 4 of the Ordinance. The City Council will consider amendments to the City Zoning Ordinance provisions regulating farm stands on the above date, and if those amendments are adopted, the Council would also consider this ordinance, which would amend the ARP Ordinance to allow the allowing the activities contemplated by the CZO amendments to be carried out on ARP property. ¦ Considerations: The proposed Ordinance would allow the following activities on ARP property in addition to those uses currently allowed: farm stands greater than two thousand, five hundred (2,500) square feet in area, exclusive of rest rooms and hand-washing facilities allowed under section 401(a) of the City Zoning Ordinance; and • educational activities allowed under section 401(c) of the City Zoning Ordinance. ¦ Public Information: Advertised an ordinary agenda item. The matter, as well as the related CZO item, has been the subject of a meeting of the Agricultural Advisory Commission. ¦ Alternatives: If the City Council declines to adopt the concurrent CZO amendments concerning farm stands, this ordinance should not be acted upon. Even If the farm stand amendments are adopted, the City Council may decline to adopt this ordinance; such action, however, would be counter to the recommendation of the Agricultural Advisory Commission and the recommendations of City Staff. ¦ Recommendations: The proposed ordinance expands the uses allowed on ARP property only to larger farm stands than are currently allowed and to educational activities related to agriculture. Both the Agricultural Advisory Commission and the Staff recommend approval of this ordinance, assuming the City Council adopts the concurrent amendments to CZO section 401, pertaining to farm stands. ¦ Attachments: Ordinance Recommended Action: Adoption Submitting Department/Agency: Agriculture Department City Manager: ?k .?? 1 AN ORDINANCE TO AMEND SECTION 4 OF THE 2 AGRICULTURAL LANDS PRESERVATION 3 ORDINANCE, PERTAINING TO THE DEFINITION OF 4 THE TERM "AGRICULTURAL USE" 5 6 Section Amended: Agricultural Lands Preservation 7 Ordinance (City Code Appendix J) Section 4 8 9 10 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 11 BEACH: 12 13 That Section 4 of the Agricultural Lands Preservation Ordinance, pertaining to 14 the definition of the term "agricultural use," is hereby amended and reordained to read 15 as follows 16 17 Sec.4. Definitions. 18 19 .... 20 21 (d) Agricultural use means the bona fide production of crops, animal or fowl, 22 including, but not limited to, the production of fruits, vegetables, honey, grains, meat, 23 poultry and dairy products; the raising of livestock and poultry; and the production and 24 harvest of products from horticultural, silvicultural or aquacultural activity. The term also 25 includes (i) the repair, expansion or replacement of no more than one bona fide dwelling 26 occupied by the landowner or tenant as of the date of application for entry in the 27 agricultural reserve program and no more than one freestanding mobile home, as 28 permitted by section 19-19 of the City Code; (ii) accessory or conditional uses directly 29 related to agricultural activities conducted on the same property, including the sale of 30 agricultural products permitted by section 401(b) of the City Zoning Ordinancel apA dog 31 kennels, riding academies, horses for hire or boarding of horses and farm stands 32 areater than two thousand, five hundred (2,500) square feet in area, exclusive of rest 33 rooms and hand-washina facilities allowed under section 401(a) of the City Zoning 34 Ordinance; (iii) educational, recreational and amusement activities allowed under 35 section 401(c) of the City Zoning Ordinance; and (iv) septic tanks and drainfields 36 approved by the health department and which cannot be located within an area not 37 encumbered by an agricultural land preservation easement. The term does not include 38 the processing of agricultural, silvicultural, horticultural or aquacultural products, except 39 as an accessory use. 40 41 .... 42 43 44 45 46 47 48 49 50 51 52 COMMENT The amendments add to the de6nition of the term "agricultural use" farm stands greater than 2,500 square feet in area, exclusive of rest rooms and hand-washing facilities, and educational activities meeting the requirements of Section 401(c) of the City Zoning Ordinance. The import of the amendments is that those activities would be allowed on property in the Agricultural Reserve Program. Adopted by the City Council of the City of Virginia Beach, Virginia on the of )2014. APPROVED AS TO CONTENT ,?&Z__ Agriculture Department CA-12829 R-1 October 24, 2013 APPROVED AS TO LEGAL SUFFICIE CY: . V " ? D City Attorney's Office 2 iF Lq? > y Vv. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the Acquisition of an Agricultural Land Preservation Easement and the Issuance by the City of its Contract Obligations in the Maximum Principal Amount of $558,469 (Property of Furman G. Wali, Jr.) MEETING DATE: February 25, 2014 ¦ Background: In May, 1995, the Agricultural Lands Preservation Ordinance (the "Ordinance") was adopted by the City Council for the purpose of promoting and encouraging the preservation of farmland in the rural southern portion of the City. Under the Agricultural Reserve Program established by the Ordinance, the City purchases the development rights of eligible parcels of land, leaving the fee simpie ownership of the land unchanged. These purchases are embodied by perpetual agricultural land preservation easements pursuant to which only agriculturai uses, as defined in the Ordinance, are ailowed on the land. The subject property has been appraised by an independent appraiser retained by the City. The appraiser has determined the fair market value of the property, based upon twelve (12) comparable sales. From the fair market value, the value of the development rights has been determined by subtracting $1,800 per acre, which has previously been established as the farm value (i.e., value of the land restricted to agricultural uses) for land throughout the southern rural area of the City. The resulting amount is the value of the development rights of the property. All offers by the City to purchase the development rights to property are expressly made contingent upon the absence of any titie defects or other conditions which, in the opinion of the City Attorney, may adversely affect the City' s interests, and other standard contingencies. ¦ Considerations: The subject property consists of one (1) parcel of land having approximately 125.03 acres outside of marshland or swampland. It is owned by Furman G. Wall, Jr. Under current development regulations, there is a total development potential of twelve (12) single-family dwelling building sites, and four (4) have been reserved for future development as 3-acre buiiding sites. The parcel, which is shown on the attached Location Map, is located at the 3500 block of Old Carolina Road (GPIN 1389-16-1845), in the District of Princess Anne. The proposed purchase price, as stated in the ordinance, is $558,469. This price is the equivalent of approximately $4,467 per acre. ? The terms of the proposed acquisition are that the City would pay interest only for a period of 25 years, with the principal amount being due and payable 25 years from the date of closing. The interest rate to be paid by the City will be the greater of 2.12% per annum or the per annum rate which is equal to the yield on U.S. Treasury STRIPS purchased by the City to fund its principal obligation under the Installment Purchase Agreement, not to exceed 5.12% without the further approval of the City Council. The Ordinance transfers the proposed purchase price from the Agricultural Reserve Program Special Revenue Fund to the General Debt Fund for the purchase of the U.S. Treasury STRIPS. The proposed terms and conditions of the purchase of the Development Rights pursuant to the Installment Purchase Agreement, including the purchase price and manner of payment, are fair and reasonable and in furtherance of the purposes of the Ordinance. This matter was originally scheduled to be heard on January 28, 2014, but was continued to February 25, 2014, due to inclement weather. ¦ Public Information: The Ordinance has been advertised by publication in a newspaper having general circulation in the City once per week for two successive weeks. ¦ Alternatives: The City Council may deciine to purchase the development rights to the property. ¦ Recommendations: Adoption of the Ordinance and acquisition of the development rights, assuming all contingencies are met. ¦ Attachments: Ordinance Summary of Terms of Installment Purchase Agreement Location Map Recommended Action: Adoption Submitting DepartmentlAgency: Agriculture Department City Manager: " 1L • cC??? 1 AN ORDINANCE AUTHORIZING THE ACQUISITION OF AN 2 AGRICULTURAL LAND PRESERVATION EASEMENT AND 3 THE ISSUANCE BY THE CITY OF ITS CONTRACT 4 OBLIGATIONS IN THE MAXIMUM PRINCIPALAMOUNT OF 5 $558,469 (PROPERTY OF FURMAN G. WALL, JR.) 6 7 WHEREAS, pursuant to the Agricultural Lands Preservation Ordinance (the 8 "Ordinance"), Appendix J of the Code of the City of Virginia Beach, there has been 9 presented to the City Council a request for approval of an Installment Purchase Agreement 10 (the form and standard provisions of which have been previously approved by the City 11 Council, a summary of terms of which is hereto attached, and a copy of which is on file in 12 the City Attorney's Office) for the acquisition of the Development Rights (as defined in the 13 Installment Purchase Agreement) on certain property located in the City and more fully 14 described in Exhibit B of the Installment Purchase Agreement for a purchase price of 15 $558,469; and 16 17 WHEREAS, the aforesaid Development Rights shall be acquired through the 18 acquisition of a perpetual agricultural land preservation easement, as defined in, and in 19 compliance with, the requirements of the Ordinance; and 20 21 WHEREAS, the City Council has reviewed the proposed terms and conditions ofthe 22 purchase as evidenced by the Installment Purchase Agreement; 23 24 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 25 VIRGINIA BEACH, VIRGINIA: 26 27 1. The City Council hereby determines and finds that the proposed terms and 28 conditions of the purchase of the Development Rights pursuant to the Installment Purchase 29 Agreement, including the purchase price and manner of payment, are fair and reasonable 30 and in furtherance of the purposes of the Ordinance, and the City Manager or his designee 31 is hereby authorized to approve, upon or before the execution and delivery of the 32 Installment Purchase Agreement, the rate of interest to accrue on the unpaid principal 33 balance of the purchase price set forth hereinabove as the greater of 2.12% per annum or 34 the per annum rate which is equal to the yield on United States Treasury STRIPS 35 purchased by the City to fund such unpaid principal balance; provided, however, that such 36 rate of interest shall not exceed 5.12% unless the approval of the City Council by resolution 37 duly adopted is first obtained. 38 39 2. The City Council hereby further determines that funding is available for the 40 acquisition of the Development Rights pursuant to the Installment Purchase Agreement on 41 the terms and conditions set forth therein. 42 43 3. The City Council hereby expressly approves the Installment Purchase 44 Agreement and, subject to the determination of the City Attorney that there are no defects 45 in title to the property or other restrictions or encumbrances thereon which may, in the 46 opinion of the City Attorney, adversely affect the City's interests, authorizes the City 47 Manager or his designee to execute and deliver the Installment Purchase Agreement in 48 substantially the same form and substance as approved hereby with such minor 49 modifications, insertions, completions or omissions which do not materially alter the 50 purchase price or manner of payment, as the City Manager or his designee shall approve. 51 The City Council further directs the City Clerk to affix the seal of the City to, and attest 52 same on, the Installment Purchase Agreement. The City Council expressly authorizes the 53 incurrence of the indebtedness represented by the issuance and delivery of the Installment 54 Purchase Agreement. 55 56 4. The City Council hereby elects to issue the indebtedness under the Charter 57 of the City rather than pursuant to the Public Finance Act of 1991 and hereby constitutes 58 the indebtedness a contractual obligation bearing the full faith and credit of the City. 59 60 5. The City Council hereby transfers $558,469 from the Agricultural Reserve 61 Program Special Revenue Fund (161) to the General Debt Fund (302). 62 63 Adoption requires an affirmative vote of a majority of all members of the City 64 Council. 65 66 Adopted by the Council of the City of Virginia Beach, Virginia, on this day of 67 , 2014. APPROVED AS TO CONTENT: Agriculture Department CERTIFIED AS TO AVAILABILITY OF FUNDS: irector of Finance APPROVED AS TO CONTENT: Management Services - APPROVED AS TO LEGAL SUFFICIENCY: C/ ? ! LCIiL/ City Attorney's Office CA12770 \\vbgov.com\DFS1 Wpplications\CityLawProd\cycom32\Wpdocs\D011\P015\00049813.DOC R-2 Date: January 16, 2014 2 AGRICULTURAL RESERVE PROGRAM INSTALLMENT PURCHASE AGREEMENT NO. 2013-131 SUMMARY OF TERMS SELLER: Furman G. Wall, Jr. PROPERTY LOCATION: 3500 block of Old Carolina Road (GPIN: 1389-16-1845) PURCHASE PRICE: $558,469 EASEMENT AREA: 125.03 acres, more or less DEVELOPMENT POTENTIAL: 12 single-family dwelling sites (4 reserved by Seller) DURATION: Perpetual INTEREST RATE: Equal to yield on U.S. Treasury STRIPS acquired by City to fund purchase price, but not less than 2.12% (actual rate to be determined when STRIPS are purchased prior to execution of Installment Purchase Agreement). Rate may not exceed 5.12% without approval of Ciry Council. TERMS: Interest only twice per year for 25 years, with payment of principal due 25 years from IPA date RESTRICTIONS ON TRANSFER: IPA ownership may not be transferred (except for Estate Settlement Transfer) for one (1) year following execution and delivery of Installment Purchase Agreement. ?,..-l? 'y 55 8 j L '0 1 cc m 3 • LA ??? ? V kb cv'0 E Oo? °° LL H r-I O ? Z ? m a i M (7 Q O v LA 0 L, N a v-1 ?. y*... . ?? ? 61 ? ? ' 'A ? - J w ? Q w LL M o < V) >- w U U ? ? b ? CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Declaring 0.561 +/- Acres of City Property (GPIN 1467-55-3559) located adjacent to 225 Clearfield Avenue to be in Excess of the City's Needs and Authorizing the City Manager to Execute all Disposition and Exchange Documents with Clearfield Real Estate Holdings, LLC. MEETING DATE: February 25, 2014 ¦ Background: The City of Virginia Beach (the "City") is making improvements to ClearField Avenue and Cleveland Street as a part of the Greenwich Road/Cleveland Street Crossover Project, CIP 2-401 (the "Project") in advance of VDOT's project for the new Interstate 264 flyover. Clearfield Real Estate Holdings, LLC, as occupied by Urology of Virginia PLLC ("Clearfield"), is the owner of certain real property and improvements known as 225 Clearfield Avenue, Virginia f3each, Virginia. Clearfield is in the process of constructing an expansion of the building located on its property. As a part of the Project, it is necessary for the City to acquire 26,686 Sq. Ft. (0.613 Acres) for right-of-way; 20,687 Sq. Ft. (0.475 Acres) for utility and drainage easements; and 10,059 Sq. Ft. (0.231 Acres) for temporary construction easements from Clearfield (the "Clearfield Property"). Further, as a part of the Project, the City acquired property located on Clearfield Avenue from The Runnymede Corporation including proposed right-of-way and a residual remnant parcel consisting of 0.561 acres (the "City Remnant"), as shown on the attached Location Map. In an effort to facilitate the Project and ClearField's expansion, ClearField and the City propose a property exchange (the City Remnant to be exchanged for the Clearfield Property), together with monetary compensation to Clearfield in the amount of $362,947.50. The City will also construct certain parking lot improvements on the City Remnant to compensate Clearfield for parking spaces that will be lost due to the new road alignment. ¦ Considerations: This transaction will allow the City to proceed with the Project. It will also allow Clearfield to continue expanding its operations and will mitigate adverse parking impacts to Urology of Virginia due to the Project. ¦ Public Information: Advertisement for public hearing as required by Section 15.2-1800 Code of Virginia and advertisement of City Council Agenda. ¦ Alternatives: Approve the request as presented, deny the request, or add conditions as desired by Council. ¦ Recommendations: Approve the request and authorize the City Manager to execute all necessary documents to complete the proposed exchange. ¦ Attachments: Ordinance, Summary of Terms, Location Map Recommended Action: Approval of the Ordinance Submitting Department/A enc : Public Works/Real Estate P anCity Manager. ? ??J , \\vbgov.com\dfsl\applicatio s\ci awprod\cycom32\wp c d008\p 22\00068531.doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 An Ordinance Declaring 0.561 +/- Acres of City Property (GPIN 1467-55-3559) located adjacent to 225 ClearField Avenue to be in Excess of the City's Needs and Authorizing the City Manager to Execute all Disposition and Exchange Documents with Clearfield Real Estate Holdings, LLC WHEREAS, the City of Virginia Beach (the "City") is making improvements to Clearfield Avenue and Cleveland Street as a part of the Greenwich Road/Cleveland Street Crossover Project (CIP 2-401) (the "Project"), in advance of VDOT's project for the new Interstate 264 flyover; WHEREAS, Clearfield Real Estate Holdings, LLC, owns the property located at 225 Clearfield Avenue, upon which Urology of Virginia PLLC ("Clearfield") operates, and which will be impacted by the Project; WHEREAS, it is necessary for the City to acquire 26,686 Sq. Ft. (0.613 Acres) for right-of-way; 20,687 Sq. Ft. (0.475 Acres) for utility and drainage easements; and 10,059 Sq. Ft. (0.231 Acres) for temporary construction easements from Clearfield (collectively, the "Clearfield Property"); WHEREAS, in an effort to move the Project forward, Clearfield and the City propose a transaction which includes the exchange of real property, monetary compensation, and various improvements upon the City property which will all be set forth in a written agreement (the "Exchange Agreement"); WHEREAS, the City is the owner of a certain parcel of land comprising 0.561 +/- acres of land located near the intersection of Clearfield Avenue and Cleveland Street and more particularly described on Exhibit A attached hereto and made a part of this Ordinance (the "City Remnant"), which is residual area from property acquired for the Project and is not needed for public purposes; WHEREAS, the City Council finds that it is in the best interests of the City to 1) declare the City Remnant in excess of the City's needs and exchange the City Remnant for the Clearfield Property; 2) provide monetary compensation to ClearField in the amount of $362,947.50; and 3) take other action in accordance with the Summary of Terms, attached hereto as Exhibit B and incorporated herein; and WHEREAS, the City Council is of the opinion that the City Remnant is in excess of the City's needs. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the 0.561 +/- acre City Remnant is hereby declared to be in excess of the needs of the City of Virginia Beach and that the City Manager is hereby authorized to 47 execute the Exchange Agreement and any other documents needed to convey the City 48 Remnant to Clearfield Holdings, LLC and acquire the Clearfield Property, provided such 49 documents are in substantial conformity to the terms set forth in the Summary of Terms 50 attached as Exhibit B, and such other terms, conditions or modifications deemed 51 necessary and sufficient by the City Manager and in a form deemed satisfactory by the 52 City Attorney. 53 This Ordinance shall be effective from the date of its adoption. 54 55 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 56 of , 2014. THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE-FOURTHS OF ALL COUNCIL MEMBERS ELECTED TO COUNCIL. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFIGENCY %mr* c. sc' ?fiblic Works/Real Estate CA12566 \\vbgov.com\dfs 1 \appl ications\citylawprod\cycom32\wpdocs\d008\p022\00068533.doc R-1 February 14, 2014 City Att r ey's Office EXHIBIT "A" Clearfield Propertv (portion of GPIN 1467-55-8570): ALL THAT certain lot, piece or parcel of land, together with the improvements thereon, belonging, situate and being in the City of Virginia Beach, Virginia and being designated and described as "PROPERTY TO BE ACQUIRED FOR RIGHT-OF-WAY PURPOSES AREA = 26,686 SQ. FT. OR 0.613 ACRES," and further designated and described as "PROPERTY TO BE ACQUIRED FOR RIGHT-OF- WAY PURPOSES 26,686 SQ. FT. 0.613 ACRES," as shown on that certain plat entitled, "PLAT SHOWING PROPERTY AND EASEMENTS TO BE ACQUIRED FROM CLEARFIELD REAL ESTATE HOLDINGS, LLC BY THE CITY OF VIRGINIA BEACH FOR GREENWICH ROAD OVERPASS CIP #2-401 VIRGINIA BEACH, VIRGINIA" Scale: 1" = 50', dated May 15, 2013, prepared by Precision Measurements, Inc. TOGETHER WITH the permanent drainage easement designated and described as "PERMANENT DRAINAGE EASEMENT TO BE ACQUIRED AREA = 13,676 SQ. FT. OR 0.314 ACRES" and further designated and described as "PERMANENT DRAINAGE EASEMENT TO BE ACQUIRED 13,676 SQ. FT. 0.314 ACRES," as shown on the aforesaid plat. TOGETHER WITH the permanent utility easement for pominion Virginia Power designated and described as "PROPOSED PERMANENT UTILITY EASEMENT FOR DOMINION VIRGINIA POWER TO BE ACQUIRED 7,011 SQ. FT. OR 0.161 ACRE" and further designated and described as "PERMANENT UTILITY EASEMENT FOR DOMINION VIRGINIA POWER TO BE ACQUIRED 7,011 SQ. FT. 0.161 ACRES" as shown on the aforesaid plat. TOGETHER WITH those certain temporary construction easements designated and described as "TEMPORARY CONSTRUCTION EASEMENT TO BE ACQUIRED AREA 1= 10,059 SQ. FT. OR 0.231 ACRES," and "TEMPORARY CONSTRUCTION EASEMENT TO BE ACQUIRED AREA 2= 1,024 SQ. FT OR 0.024 ACRES," and further designated and described as "TEMPORARY CONSTRUCTION EASEMENT TO BE ACQUIRED AREA 1 10,059 SQ. FT. 0.231 ACRES," and "TEMPORARY CONSTRUCTION EASEMENT TO BE ACQUIRED AREA 2 1,024 SQ. FT. 0.024 ACRES," as shown on the aforesaid plat, for construction cut and/or fill slopes as required for the proper execution and maintenance of work. Said temporary rights and easements will terminate when there no longer exists the necessity for maintenance or until such time as all construction has terminated and the Grantee accepts the work as being completed. IT BEING a portion of the same property conveyed to Clearfield Real Estate Holdings, LLC, a Virginia limited liability company, by Deed from Coxcom, Inc. dated January 7, 2011 and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 201101120000047740. IT FURTHER BEING a portion of the same property conveyed to Clearfield Real Estate Holdings, LLC, a Virginia limited liability company, by Deed from Virginia Electric and Power Company dated April 25, 2011 and recorded in the aforesaid Clerk's Office as Instrument Number 20110519000505380. City Remnant (GPIN 1467-55-3559): ALL THAT certain lot, piece or parcel of land, together with the improvements thereon, belonging, situate and being in the City of Virginia Beach, Virginia and being designated and described as "ADDITIONAL PROPERTY TO BE ACQUIRED AREA = 24,437 SQ. FT. OR 0.561 ACRES" and further designated and described as "ADDITIONAL PROPERTY TO BE ACQUIRED 24,437 SQ. FT. 0.561 ACRES," on that certain exhibit plat entitled, "AMENDED PLAT SHOWING PROPERTY AND EASEMENT TO BE ACQUIRED FROM THE RUNNYMEDE CORPORATION BY THE CITY OF VIRGINIA BEACH FOR GREENWICH ROAD OVERPASS CIP #2-401 VIRGINIA BEACH, VIRGINIA," Scale: 1"=50', dated March 18, 2010 and revised through 02/04/2013, recorded as Instrument #20130315000307440 in the Office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia. RESERVING UNTO THE CITY that certain variable width permanent public utility easement described as "20' AND VARIABLE WIDTH PERMANENT PUBLIC UTILITY EASEMENT HEREBY ESTABLISHED AREA = 18,468 S.F. / 0.424 ACRE," as shown on that certain plat entitled, "PLAT SHOWING 20' AND VARIABLE WIDTH PERMANENT PUBLIC UTILITY EASEMENT AND 10.24' TEMPORARY CONSTRUCTION EASEMENT HEREBY ESTABLISHED ON PROPERTY CITY OF VIRGINIA BEACH, VIRGINIA FOR STUMPY LAKE RAW WATER MAIN RELOCATION CIP #5.089 & CIP #2.401 VIRGINIA BEACH, VIRGINIA," Scale: 1" = 40', dated October 5, 2011 and revised through October 11, 2011, which plat was recorded in the aforesaid Clerk's Office as Instrument Number 20120117000052580. RESERVING UNTO THE CITY a temporary construction easement along the entire parcel as shown on the aforesaid plat, for construction cut and/or fill slopes as required for the proper execution and maintenance of work. Said temporary right and easement will terminate when there no longer exists the necessity for maintenance or until such time as all construction has terminated and the City accepts the work as being completed. EXHIBIT B SUMMARY OF TERMS EXCHANGE OF 24,437 SQ. FT. (0.561 ACRE) CITY PROPERTY FOR 26,686 SQ. FT. (0.613 ACRES) OF PROPERTY AND 30,746 SQ. FT. (0.706 ACRES) OF EASEMENTS OWNED BY CLEARFIELD REAL ESTATE HOLDINGS, LLC NEEDED FOR THE GREENWICH ROAD/CLEVELAND STREET CROSSOVER PROJECT, CIP 2-401 PARTIES: City of Virginia Beach ("City") Clearfield Real Estate Holdings, LLC, a Virginia limited liability company ("Clearfield") CITY PROPERTY TO BE EXCHANGED: 24,437 Sq. Ft. (0.561 Acre) of City property ("City Remnant"), GPIN: 1467-55-3559, located adjacent to 225 Clearfield Avenue ADDITIONAL MONETARY COMPENSATION: City will pay $362,947.50 ($10/sq. ft. for right-of-way, $5/sq. ft. for permanent easements and $2.50/sq. ft. for temporary easements) to Clearfield in addition to Exchange CLEARFIELD PROPERTY TO BE ACQUIRED BY CITY FOR ROAD PROJECT: 26,686 Sq. Ft. (0.613 Acres) for right-of-way and 20,687 Sq. Ft. (0.475 Acres) for utility and drainage easements, and 10,059 Sq. Ft. (0.231 Acres) for temporary construction easements from property owned by Clearfield, GPIN 1467- 55-8570, ("Clearfield Property") CONDITIONS OF SALE The City and Clearfield will each bear their own closing costs. At closing ClearField will transfer the Clearfield Property to the City, free and clear of all liens and encumbrances, and the City will transfer the City Remnant to Clearfield, reserving to the City all necessary easements for the Project. • ClearField will accept the City Remnant, $362,947.50 and Parking Lot improvements (defined below) as total just compensation for the ClearField Property and damages to the residue, if any. • The City will construct a box culvert, within the City's existing drainage easement on the City Remnant. • City will make improvements to the City Remnant for Clearfield to use as a parking lot (the "Parking Lot Improvements") to mitigate Clearfield's loss of parking due to the Project. • City will enter into a Possession Agreement with Clearfield to allow ClearField temporary use of the Clearfield Property prior to the completion of construction of the parking lot on the City Remnant. City will have the right to terminate such Possession Agreement upon 30 days' notice to ClearField. ?.- W ---- -?.. . , ?. ;. ; r 77 0 ? Q a = ! p a? . ?' Q O'Q a? y CU •= u- ' a -r W t?- u> LO Oo to a ? w oo +r> -? U I Q I N" oQ? <u) U) ; ..._. • .,. c, co ? Lo Z U) ? ? tn -- ? m tG 3'? '?. o O ? N W N V r ?n? , _ @ J?-]•r o o o W W Z ? ? oo ? O , ? a O a < v._--- - -.?-?. . ?, - z3 co --` - - - ? x o . 1 .? . , s ! cc 1 ? qt J 7 ,I `?--.?-- . "---? ?'`"`•?.,a ? --!,/,-- ?J ,-- ? .? , J•-?.'7? /t --;? t ? ?, _ cu r M G7 LO LO f? ? U r j: ? i I A ? ?i ? N ti ? D y n ?LD..? ? w ? M CLT Q C w O G? a, a` g ,` ? y W a = C? B Q - v • ?IA BE?, ? _ <??`?•+b} y,'?? CITY OF VIRGINIA BEACH AGENDA ITEM . ITEM: An Ordinance declaring the property located at 219 N. Oceana Boulevard (GPIN 2417-05-5236) to be in excess of the City's needs and authorizing the City Manager to sell the property to William R. and Jill S. Gurley MEETING DATE: February 25, 2014 ¦ Background: As part of the APZ-1 Use and Acquisition Plan adopted December 20, 2005, the City of Virginia Beach acquired 219 N. Oceana Boulevard (the "Property") on December 14, 2012 for $210,000. At the time of acquisition, the Property was improved with a single-family home. The structure has been demolished. William R. and Jill S. Gurley (the "Gurleys") own the adjacent properties at 225 and 231 N. Oceana Boulevard. The Gurleys propose to purchase the Property for $5,914 ($1/SF) and resubdivide it with their adjacent properties to create one residential lot. ¦ Considerations: The Property will be sold with a deed restriction that prevents any new dwelling units from being constructed. The APZ-1 Disposition Committee reviewed the Property and determined that it should be sold to the adjoining property owner. The sale would enhance the neighborhood and reduce density. The Gurleys' offer of $1 per square foot is consistent with previous excess City properties sold in the APZ-1 area that were not building sites. If the City retains the Property, the City must pay to maintain the lot, an estimated annual cost of $630. ¦ Public Information: Advertisement for public hearing as required by Section 15.2-1800 Code of Virginia and advertisement of City Council Agenda. ¦ Alternatives: Retain ownership of the Property. ¦ Recommendations: Approve the request and authorize the City Manager to execute ail necessary documents to convey the Property subject to the terms and conditions in the attached Summary of Terms and such other terms, conditions or modifications as may be acceptable to the City Manager and in a form deemed satisfactory to the City Attorney. ¦ Revenue restrictions: The City funded the acquisition of the Property through the partnership with the Commonwealth of Virginia. The proceeds from the sale of the Property in the amount of $5,914 will be received and fifty percent (50%) of the amount will be appropriated to CIP #9-060, Oceana and Interfacility Traffic Area Conformity and Acquisition, and fifty percent (50%) will be deposited for future payment by the City Manager to refund the Commonwealth's portion in accordance with the grant agreement. A manual encumbrance will be established to ensure that the $2,957 retained by the City will be available for BRAC program acquisitions in future years per the agreement with the Commonwealth. ¦ Attachments: Ordinance, Summary of Terms and Location Map Recommended Action: Approval of the ordinance Submitting Department/Agency: Public Works (JAlb I City Manager. ? •?Q ?'`?, V ,. ? L L . . J . ? > cn > N ? ? ?? 4)? d ?o E Ox ? Z o z z a ?- N ? Lo= N ? cn N Q NI NNJl13S02A JECK RD S ? I 1' , \ ?? 'a `dNb'?10O N lm m ? J v X E M O U) W ?° ? " ? m?Q Ow>co M Q &- Z W ? J N W) o c" ? M N 9 ? L r O O? N O ZQti a a ? V? ° O Z (L a?QaN t)a?wZ o U O ? ? - ?, ?.D J?QC)C7 UOZ can ? , U)o ? W N o LLJ X W " g Q ? ? O = O o .w c d ? c? .? -a a ? ? N 0 I O o N ? ? ? -- m d m m O ? ? y ??,,1 N /?I • N ? L L d ? CL 0. 0 d N ? O O o - - a a N w ? a Z ? V V Q ? ? ? a N? 3?001W Z.s ? a -ld M012:]t-/8 / 1 AN ORDINANCE DECLARING THE 2 PROPERTY LOCATED AT 219 N OCEANA 3 BOULEVARD (GPIN 2417-05-5236) TO BE IN 4 EXCESS OF THE CITY'S NEEDS AND 5 AUTHORIZING THE CITY MANAGER TO 6 SELL THE PROPERTY TO WILLIAM R. AND 7 JILL S. GURLEY s 9 WHEREAS, the City of Virginia Beach (the "City") is the owner of that lo certain 5,914 sq. ft. parcel of land located at 219 N. Oceana Boulevard (the "Property") 11 more particularly described on Exhibit "A" attached hereto and made a part hereof; 12 13 WHEREAS, the City acquired the Property pursuant to the APZ-1 14 Acquisition Program; 15 16 WHEREAS, the City funded the acquisition of the Property through a 17 partnership with the Commonwealth of Virginia (the "Commonwealth"), with each party ls contributing fifty percent (50%) of the funds; 19 20 WHEREAS, the Property is in the midst of other residences and at the 21 time of acquisition was improved with a single-family home that has since been 22 demolished; 23 24 WHEREAS, William R. and Jill S. Gurley (the "Gurleys") own the adjacent 25 properties at 225 and 231 N. Oceana Boulevard and they have requested to purchase 26 the Property in order to utilize it in a manner compatible with the APZ-1 Ordinance; 27 28 WHEREAS, the Gurleys desire to purchase the Property in accordance 29 with the Summary of Terms attached hereto as Exhibit "B" and made a part hereof; 30 31 WHEREAS, the APZ-1 Disposition Committee has recommended that City 32 Council declare the Property to be in excess of the City's needs and sell the Property to 33 the Gurleys; and 34 35 WHEREAS, the City Council is of the opinion that the property is in excess 36 of the needs of the City of Virginia Beach. 37 38 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 39 OF VIRGINIA BEACH, VIRGINIA: 40 41 That the Property located at 219 N. Oceana Boulevard is hereby 42 declared to be in excess of the needs of the City of Virginia Beach and that the City 43 Manager is hereby authorized to execute any documents necessary to convey the 44 Property to William R. and Jill S. Gurley in accordance with the Summary of Terms 45 attached hereto as Exhibit "B" and such other terms, conditions or modifications as 46 may be acceptable to the City Manager and in a form deemed satisfactory by the City 47 Attorney. 48 49 Further, that revenue from the sale of the Property in the amount of 50 $5,914 shall be received and fifty (50) percent of this amount shall be appropriated to 51 CIP #9-060, Oceana Interfacility Traffic Area Conformity & Acquisition, and fifty (50) 52 percent shall be deposited for future payment by the City Manager to refund the 53 Commonwealth's portion in accordance with the grant agreement. A manual 54 encumbrance will be established to ensure that the $2,957 retained by the City will be 55 available for BRAC program acquisitions in future years per the agreement with the 56 Commonwealth. 57 58 This ordinance shall be effective from the date of its adoption. 59 60 Adopted by the Council of the City of Virginia Beach, Virginia, on the 61 day of , 2014. CA12771 R-1 2/10/14 \\vbgov.com\dfs 1 \applications\citylawprod\cycom32\wpdocs\d028\p019\00107693.doc APPROVED AS TO CONTENT %l Fd' C - ? c u?„?S<lt 410blic Works APPROVED AS TO LEGAL SUFFICIENCY ? .) -\ I `? /1 -/-1 4, PROVED AS T CONTE T i ? Management Services C# ?Cttq?rney'sjOffice ! ?./ ? EXHIBIT "A" GPIN 2417-05-5236 (219 N. Oceana Boulevard) ALL THAT certain lot, piece or parcel of land, lying, situate and being in the City of Virginia Beach, Virginia, known, numbered and designated as Lot 53A, as shown on that certain plat entitled, "RESUBDIVISION PLAT OF LOT 53 AND 54 HILLCREST (M.B. 13, PG. 8) VIRGINIA BEACH, VA.," Scale: 1" = 25', dated October 9, 2002, which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as instrument number 200211193066700. RESERVING UNTO THE CITY all right, title and interest of the City in and to any and all easements, rights of way, private roads and other rights of access, ingress and/or egress adjacent to, appurtenant to or in any way benefiting the above- described property. IT BEING the same property conveyed to the City of Virginia Beach, a municipal corporation, by deed dated December 14, 2012 from Robert L. Baer and Filomena Baer, husband and wife, recorded in aforesaid Clerk's Office as Instrument Number 20121221001458860. EXHIBIT "B" SUMMARY OF TERMS SALE OF EXCESS PROPERTY LOCATED AT 219 N. OCEANA BOULEVARD Seller: City of Virginia Beach Buyers: William R. and Jill S. Gurley, husband and wife Property: 219 N. Oceana Boulevard (GPIN: 2417-05-5236) consisting of 5,914 square feet of vacant land. Legal Description: See Exhibit "A" to Ordinance Sale Price: $5,914 CONDITIONS OF SALE: • Property is purchased "As Is, Where Is." • Buyers have been advised of APZ-1 restrictions for use. • Buyers may use the Property for accessory structures, or Buyers may otherwise utilize the property for construction in conjunction with their adjacent property upon resubdivision to remove interior lot lines; however, Buyers may not add any new dwelling units. • Seller shall resubdivide the Property at its expense to vacate interior lot lines to incorporate the Property with Buyers' adjacent lots. • Seller will record deed restrictions permanently preventing new dwelling units prior to or simultaneous with conveyance. • Seller will reserve any fee in the streets and any easements necessary for public purposes. ? ?,f ?N?A-efq?y rJ?c H?7 r?? a ? yr? > ?'+'n '?atgy?R k<c*,+'• /, CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance Authorizing the Dedication of an Easement to Virginia Electric and Power Company over 4,395+/- Sq. Ft. of City-Owned Property Located Adjacent to Winston Place MEETING DATE: February 25, 2014 ¦ Background: The City of Virginia Beach (the "City") owns a parcel of land located in the Ocean Park area of the City, at the intersection of Winston Place and E. Stratford Road (GPIN: 1489-58-0146) (the "Property"). Dominion Virginia Power, a/k/a Virginia Electric and Power Company ("VEPCO"), has requested that the City dedicate a 4,395+/- sq. ft easement over a portion of the Property, for the purpose of installing and maintaining transformers and underground cables (the "Easement"). The Easement would be located on a City pump station site adjacent to a public park. ¦ Considerations: Chesapeake Bay Foundation, a non-profit, Maryland corporation, is constructing the Brock Environmental Center at Pleasure House Point. The Easement is needed for the purpose of transmitting and distributing electric service to the Brock Environmental Center. The Easement will not interfere with the public's use of the adjacent park, or with the pump station facility located on the Property. ¦ Public Information: Advertisement of Public Hearing Advertisement of City Council Agenda ¦ Recommendations: Approval. ¦ Attachments: Ordinance Location Map Recommended Action: Approval Submitting Department/Agency: Parks & Recreati City Manager: S ?, 6?'? 1 AN ORDINANCE AUTHORIZING THE DEDICATION 2 OF AN EASEMENT TO VIRGINIA ELECTRIC AND 3 POWER COMPANY OVER 4,395+/- SQ. FT. OF 4 CITY-OWNED PROPERTY LOCATED ADJACENT 5 TO WINSTON PLACE 6 7 WHEREAS, the City of Virginia Beach (the "City") owns a parcel of land 8 located at the intersection of Winston Place and E. Stratford Road (GPIN: 1489- 9 58-0146) (the "Property"); 10 11 WHEREAS, Dominion Virginia Power, a/k/a Virginia Electric and Power 12 Company ("VEPCO"), has requested that the City dedicate a 4,395+/- sq. ft. 13 easement over a portion of the Property, as shown on Exhibit A attached hereto 14 (the "Easement"); and 15 16 WHEREAS, the Easement would be for the purpose of installing and 17 maintaining transformers and underground cables, and would provide electric 18 service to the Brock Environmental Center located at Pleasure House Point. 19 20 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 21 CITY OF VIRGINIA BEACH, VIRGINIA: 22 23 That the City Manager is hereby authorized to execute any documents 24 necessary to dedicate an easement to VEPCO over City-owned property, as 25 shown on the plat attached hereto as Exhibit A, and made a part hereof, and 26 such other terms, conditions and modifications as may be acceptable to the City 27 Manager and in a form deemed satisfactory by the City Attorney. 28 29 Adopted by the Council of the City of Virginia Beach, Virginia on the 30 day of 12014. THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE- FOURTHS OF ALL COUNCIL MEMBERS ELECTED TO COUNCIL. APPROVED AS TO LEGAL SUFFICIENCY ? City Attorney ' APPROVED ASTQ?Z'ONTENT Parks-& Recreation CA12782 \\vbgov.com\DFS1 Wpplications\CityLawProd\cycom32\W pdocs\D012\P017\00110272.DOC R-1 February 14, 2014 EXHIBIT A F - - - - - - - - - - - - - - - ? ? A r z N 2 Z N Z Z Z m N N O A ? T >) n i p v V O? N N ? - O O m ? f f f ? E Z C? _ 0 D 7J tn O N O O Z O a? jo ?Q ? m ? a ° ) ?' U A \f A 2 % ? wND •, ??.4 j. . .? \ 4ti0 v? Z Eo t°'n !'' z m ° w ia o °' n c7l d A O O p ? O p O ? O O O O N O W (N b U ?7 z m ? ! n CD ? ?rn ? v 'o D z D O ? CO ? m ? ? y n _ _ n '-O Z 2 Z y Z Z Z Z N n O O O 0 0 p rn ? N ° ? - A y E ? ? ? f p Z n x ? co cwn m o 4 O ' ? ? - N W r Z CJ ? . ? z ..<' {. /., ~t`'` > >%? r O n ? U? mA D ?om ? D vj n ? rn cn n o m z N n ? -0 X ;o . N T A 0 (Y Cm m ? ? n +?j n < A ? ? O y v ? O ? ? Z O ? ln m ?? ? sj 1 V) n n ? C2 Na '?8[ _ nm ' r° z z ? ? C) ? >g z = m ; rvl O D O . c n m m ? m N A O D COM%O T cIr)- v?c? i rom A ? ^> ° 0 II O u ? u ? O a D N Z m W D ? n AOf ?0 ? 2 ODm A?OC O ny 9?W< z o O ? y ; ?AO\ A qz? ? yo° ? mUN< v ? y C? pS y?Z ' p ? ??L) N?' Z ? Z p ti mF?C ?p NU O ? AD< N m :7? I Oy ? C I o rn m? S O ? o? No y K p , lD 0 9 D i mA a [ <? m ?m m KZm o ? z I > VIRGINIA STATE PLANE COORDINATE SYSTEM, SOUTH ZONE, NAD 7983/1993 (HARN) ?* ii? [n A L? N -z > C S AV1 ? S O? Vl KVl O O A-Nf m O oZmmO ? o • ?s - Z? ?A ms < ?? zo??z cn m AN ?tio nm? z ? 2 r o? o °o m(n p?y D is v m% < a'^ox? ?nnzz°w 2 n ?.?i = R'I z z oz A v? Fz om zmA gmn ao? g o ? ?? m?? K ?m m o sn f zm ?n ? o m<?o a??Uz 0 0 ° o.' ov ? iz""''c??i ? tO A?? OC Dm m < $o? m o? my ? „D = i m O^ , u -i oo m ap T o A Nmmv m ? z co m ° D7 nC n? 7z ? z Nm<on > ? zo m0 i -ziC? fZ Z C m ??^ 15 < maC~ 00 a AO N SIn ? -=i frl ? A < m cf) o? i ? m? D v i ? 00 1 ? ??0 ?u CD .n .? ?fTl p?? D Z O f??l Z C- n ?r O?O ? D C1 UA zmD com n m m o°z, m 1 A ?o I m Z O Or A o y m o, N m - o m ? D ? n ? a ' ?c, } °yY'°y`•i CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute Lease of up ta Forty (40) Years with 23 Atlantic, LLC for City-owned Property Located at 2401 Atlantic Avenue for the Purpose of Maintaining Concrete Piles and Pile Caps for the Benefit of the Adjacent Building MEETING DATE: February 25, 2014 ¦ Background: The City of Virginia Beach (the "City") owns property located at 2401 Atlantic Avenue, GPIN: 2427-19-4622 (the "Property") adjacent to the Comfort Inn, located at 2321 Atlantic Avenue (the "Hotel"). The developer of the Hotel was granted a temporary encroachment by the City in February 1983, to maintain concrete piles and pile caps along the southern portion of the Property (the "Premises"). The current owners of the Hotel, 23 Atlantic, LLC, have asked the City to convert the temporary encroachment to a long-term lease. ¦ Considerations: This lease would be for a term of up to forty (40) years. The City would have no financial or other obligations for the Premises during the term of the lease. The lease will terminate if the Hotel is ever demolished or rebuilt whereby the Premises are no longer needed to support the Hotel building. The existing lease with the Virginia Beach Maritime Museum, Inc., together with the building commonly known as the "Old Coast Guard Station" will not be affected by this lease. ¦ Public Information: The bid request was advertised in The Virginian-Pilot once per week for two successive weeks, and the public hearing, as required by statute, was advertised once in The Virginian-Pilot. ¦ Alternatives: Approve terms of the lease as presented, modify terms of the lease or decline to lease the Premises. ¦ Recommendations: Approval ¦ Attachments:Ordinance Summary of Terms Location Map Recommended Action: Approval Submitting Department/Agency: Public Works / Facilities Management ? City Manage ?. \\vbgov.com\DFSI\Applications\C' yLawPro \cycom32\Wpdocs\DOlIU'017\00 98 7.DOC 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE OF UP TO 3 FORTY (40) YEARS WITH 23 ATLANTIC, LLC 4 FOR CITY-OWNED PROPERTY LOCATED AT 5 2401 ATLANTIC AVENUE FOR THE PURPOSE 6 OF MAINTAINING CONCRETE PILES AND 7 PILE CAPS FOR THE BENEFIT OF THE 8 ADJACENT BUILDING 9 10 WHEREAS, the City of Virginia Beach (the "City") owns property located at 2401 11 Atlantic Avenue (GPIN 2427-19-4622)(the "Property"); and 12 13 WHEREAS, 23 Atlantic, LLC ("23 Atlantic") desires to enter into a lease with the City 14 for a term of up to forty (40) years, for the purpose of maintaining concrete piles and pile 15 caps along the southern boundary of the Property (the "Premises") for the benefit of the 16 adjacent building, currently the Comfort Inn. 17 18 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 19 VIRGINIA BEACH, VIRGINIA: 20 21 That the City Manager is hereby authorized to execute a lease for the Premises for 22 a term of up to forty (40) years, befinreen 23 Atlantic, LLC and the City of Virginia Beach, as 23 shown on the plan attached hereto as Exhibit A and made a part of this Ordinance, and in 24 accordance with the Summary of Terms attached hereto as Exhibit B and made a part of 25 this Ordinance, and such otherterms, conditions or modifications as may be acceptable to 26 the City Manager and in a form deemed satisfactory by the City Attorney. 27 28 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 29 , 2014. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Public W rks / Fa ities City Attorney Management CA12756 \\vbgov.com\DFS1 Wpplications\CityLawProd\cycom32\Wpdocs\D011\P017\00109940.DOC R-1 February 13, 2014 I I ? ?.. . . i f ? ? ? ? 1 ? 1ZCl,DCD7E't7 ? 4-s;cc?,r rxc?, ? .r+Q. ? n??+?• ?ret?..;,?; ? ?? ?AT S1U'S F1lk C? O?`J ' ? . I ? . ? ?` • • ? } ? % I ? - C6,d. i ?- Pkr ? c.oe? ?? t?..°ln? ? C¢b?C ? . . .? . ? ? , P1LE Ct?'aS 4.8D' ( ? ? ' Q' p?ttPhclA??f . LT E?1! 19te cbp I O krJ- c?ao? lr?i PitE Cs? La5 5? ? ?• ? ? ? /klO; f: P?auc?-n Cafr -- Na; To S??cE CoN G?S?::? PIc.E 5 444 4 PrLC GtP EN,?,AO,?c;Hr'i&NT' ?+?Jrt? ? 2f S77toeT ; . rf: M'?.? ??r'f??'?: ? r/!!r ?-s?.'r f.:,f cf 1:r1^?1 ??Pib. • ., : ................... %..:?.;r( L{:'ll????ii,? ???,) ^?Y'?s ?L .+'_ ?wN?v??G • . .- • _ _ --?` vi N I ,3;'r A -- I I ? . i C EXHIBIT B SUMMARY OF TERMS LEASE OF CITY-OWNED PROPERTY TO 23 ATLANTIC, LLC LESSOR: City of Virginia Beach (the "City") LESSEE: 23 Atlantic, LLC ("23 Atlantic") PREMISES: Southern portion of 2401 Atlantic Avenue, GPIN: 2427-19-4622 TERM: Up to forty (40) years RENT: Rent shall be one dollar ($1.00) per year RIGHTS AND RESPONSIBILITIES OF 23 ATLANTIC, LLC (LESSEE): • Keep, repair, and maintain the Premises in a workmanlike manner at its sole expense. Maintain commercial general liability insurance coverage with policy limits of not less than one million dollars ($1,000,000) combined single limits per occurrence, issued by an insurance company licensed to conduct the business of insurance in Virginia. Such insurance shall name the City of Virginia Beach as an additional insured. Lessee shall provide a certificate evidencing the existence of such insurance. • Assume the entire responsibility and liability for any and all damages to persons or property caused by any act or omission of the Lessee or its agents, etc. associated with the use of the Premises. • Pay any real estate leasehold taxes assessed on the Premises pursuant to § 58.1- 3203 of the Code of Virginia, or any successor statute. RIGHTS AND RESPONSIBILITIES OF THE CITY (LESSOR): • The City will have no ongoing responsibilities on the Premises during the term of the Lease. TERMINATION: • Either party may terminate the lease upon thirty (30) days' advance written notice to the other party. \\vbgov. com\DFS I\Appl ications\City LawProd\cycom32\ W pdocs\D01 1\PO U\00109941. DOC r'?NU oe?t froy??,!`?? N#yy i?tz{ c?,,•,.,,?,?±?? 'i?5..:?• CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance authorizing the City Manager to execute a lease for five years or less with Vetshouse, Incorporated for the use of land and a 2,024 square foot (approx.) City-owned residence located at 1508 Ohio Avenue. MEETING DATE: February 25, 2014 ¦ Background: Vetshouse Incorporated ("Vetshouse") proposes to lease land and a 2,024 square foot (approx..) residence located at 1508 Ohio Avenue (the "Property") from the City of Virginia Beach (the "City"). The Property was acquired by the City through the APZ-1 Acquisition Program in September 2012 for $220,000. The dwelling unit was in good condition and the APZ-1 Disposition Committee recommended that it be utilized on an interim basis by a non-profit organization that could benefit from the favorable condition of the Property, and the City could retain possession while other properties continue to transition in this neighborhood (Oceana Gardens). A Request for Proposals ("RFP") was advertised for two consecutive Sundays in The Virginian-Pilot as well as on the City of Virginia Beach website. The RFP required that submitting bidders would need to perform repairs/improvements for the Property, including code compliance and noise attenuation measures. The RFP was limited to non-profit organizations. Vetshouse submitted a responsive bid to lease the Property for the purpose of providing temporary housing and life-skills training to homeless female veterans. Only four residents shall be permitted at any given time. Vetshouse proposes to lease the Property for a sum of $300 per year and will comply with all renovation requirements within the first year of the lease. Vetshouse leases another City-owned property located at 200 N. Oceana Boulevard pursuant to Ordinance 2998A, adopted August 28, 2007, and ORD-3243A, adopted June 26, 2012. This matter was originally scheduled to be heard on January 28, 2014, but was continued to the next Council date, February 25, 2014, due to inclement weather. ¦ Considerations: This lease would be for a term of one (1) year with four (4) one-year renewal option periods. ¦ Public Information: Advertisement of Public Hearing Advertisement of City Council Agenda ¦ Alternatives: Approve terms of the Lease Agreement as presented, alter terms of the proposed Lease Agreement or deny leasing the Property. ¦ Revenue restriction: The City funded the acquisition of the Properties through the partnership with the Commonwealth of Virginia. The proceeds from the lease of the Property in the amount of $300/year will be received and 50% of the amount will be appropriated to CIP #9-060, Oceana and Interfacility Traffic Area Conformity and Acquisition, and 50% will be deposited for future payment by the City Manager to refund the Commonwealth's portion in accordance with the grant agreement. A manual encumbrance will be established to ensure that the $150/year retained by the City will be available for BRAC program acquisitions in future years, per agreement with the Commonwealth. ¦ Recommendations: Approval ¦ Attachments:Ordinance Summary of Terms Location map Recommended Action: Approval Submitting Department/Agency: Public Works / Facilities Management Office Q? / City Manager: tL ? 1 AN ORDINANCE . AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR FIVE 3 YEARS OR LESS W1TH VETSHOUSE, 4 lNCORPORATED FOR THE USE OF LAND AIVD A 5 2,024 SQUARE FOOT (APPROX.) C1N-0WNED 6 RESIDENCE LOCATED AT 1508 OHIO AVENUE. . 7 8 WHEREAS, the City of Virginia Beach (the °City? is the owner of that 9 certain parcel of land and 2,024 square foat (apprax..) resadence located at 1508 10 Ohio Avenue and further described on Exhibit A attached hereto (the "Property'); 11 12 WHEREAS, Vetshouse, Incorporated ("Vetshause") has proposed leasing 13 tfis Property in order to provide transitional housing and life skills training for 14 homeless female veterans; 15 16 WHEREAS, Vetshouse has proposed to lease the Property for $300.00 17 per year; I$ 19 WHEREAS, Vetshouse will perform all required renovations to ensure that 20 the Property is compliant with Cify Codes and fully noise attenuated, and 21 Vetshouse will perfarm all required maintenance during the term of the lease; 22 23 WHEREAS, the City funcfed the acquisition of the Property through a 24 pactnership with the Commonwealth of Virginia (the "Commonwealth") with each 25 party contributing frfty percent (50%) of the funds; 26 27 WHEREAS, Vetshouse would like to enter into a formal lease agreement 28 with the City for the Property in accordance with the Summary of Terms attached 29 hereto as Exhibif B and made a part hereof; and 30 31 THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 32 OF VIRG{NIA BEACH, VIRGINEA: 33 34 That the City Manager is hereby authorized to execute a lease for a term 35 of five years or less, between Vetshouse, Incorporated and the City, for the 36 Properly in accordance with the Summary of Terms atfiached hereto and made a 37 part hereof, and such other terms, conditions or modifications as may be 38 acceptable to the City Manager and in a form deemed satisfactory by the City 39 Attomey. 40 41 Further, that #he revenue from the lease of the Property in fihe amount of 42 $300/year shall be received and fifty (50) percent of #his amount shall be 43 appropriated to CIP #9-060, Oceana Interfacility Traffic Area Conformity and 44 Acquisition, and fifty (50) percenfi shall be deposited for future payment by the 45 City Manager to refund the Commonwealth's portion in accordance with the grant 46 agreement. A manual encumbrance will be established to ensure that the 47 $150/year retained by the City will be available for BRAC program acquisitions in 48 future years per #he agreement wi#h the Commonwealth. 49 50 Adopted by the Council of the City of Virginia Beach, Virginia on the 51 day ofi , 2014. APPROVED AS TO LEGAL SUFFIClENCY AND FORM , . G `-- City oWomey APPROVED AS TO CONTENT PW/Facilitie anageme t APPROVED AS TU CONTENT Management Services CA12765 1/28/14 R-1 \\vbgov.comAdfs l \applicatianslcitylawprod\cycom32\wpdocs\do l l \p017\00101004.doc EXHIBIT "A" ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia and being known numbered and designated as Lot 42A, as shown on that certain ptat entitled, "Resubdivision of Property of Lots 42 and 43, HILLCREST," which said plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 253, at page 83 and 84. IT BEING the same property conveyed to the City of Virginia Beach by Deed dated September 18, 2012 from John Galliford Williamson a/k/a John Phillip Galliford Williamson and Lana Jean Williamson, husband and wife, recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 20120927001120160. EXHIBIT B SUMMARY OF TERMS LESSOR: City of Virginia Beach LESSEE: Vetshouse, Incorporated PREMISES: 1508 Ohio Avenue (2,024 square foot residence and 6,250 sq. ft. lot associated therewith). TERM: February 1, 2014, through January 31, 2015, with 4 one-year renewal options RENT: $300.00 per year RIGHTS AND RESPONSIBILITIES OF LESSEE: . Will use the Premises for a Vetshouse residential facility for female veterans and for no other purpose. • At no time shall more than 4 people reside in the dwelling unit. • Will sound-attenuate premises and perform all other renovations required for compliance with City codes at Lessee's expense. • Lessee shall not modify the Premises without prior approval from City. • Will keep, repair, and maintain the Premises at its expense. • Will maintain commercial general liability insurance coverage with policy limits of not less than one million dollars ($1,000,000) combined single limits per occurrence. Lessee shall provide a certificate evidencing the existence of such insurance. • Will comply with all applicable laws, ordinances, and regulations in the performance of its obligations under the Lease. TERMINATION: The City may terminate the Lease at any time without cause. .1 m I J II I I I n. ? w ? I w ? ; 0 0 ? i 9? a a s Q 0 z 62 i ? r ? ? ? ? ? ? ? vi c9 $ ? ? I .l J_ ?, ,r?•v? « +•,4yc? ro° ?'9?,7 ?. ?L u CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the City Manager to Execute a Lease for up to 3 Years with Sweet Enchantments Bakery, LLC for City-Owned Property Known as Space #30 in the Virginia Beach Farmers Market MEETING DATE: February 25, 2014 ¦ Background: Sweet Enchantments Bakery, LLC ("Sweet Enchantments") would like to enter into a lease for Space #30 at the Virginia Beach Farmers Market from the City of Virginia Beach (the "City"). The Premises (the "Premises") consists of 250 square feet and will be utilized for the sale of gluten-free, dairy- free, organic baked goods and related items, and for no other purpose. ¦ Considerations: The term of the Lease is one (1) year with two renewal options for a term of one (1) each, exercisable by mutual agreement of the parties. Sweet Enchantments has requested, and staff recommends, rent abatement for the month of February 2014 in consideration of the improvements it will make to the Premises at its own expense. The City has the right to terminate the lease with sixty (60) days' notice if needed for a public purpose. For more specific terms, see attached Summary of Terms. This matter was originally scheduled to be heard on January 28, 2014, but was continued to the next Council date, February 25, 2014, due to inclement weather. ¦ Public Information: Advertisement of Public Hearing Advertisement of City Council Agenda ¦ Alternatives: Approve Lease as presented, change conditions of the Lease or deny leasing of the space. ¦ Recommendation: Approval ¦ Attachments: Ordinance Summary of Terms Location Map Recommended Action: Approval Submitting DepartmentlAgency: Public Works/Facilities Management City Manageto?_?IW, Uvbgov.com\DFSI\Applicatiod\cydoc s\D008 4 04502.DOC p4 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR UP TO 3 3 YEARS WITH SWEET ENCHANTMENTS BAKERY, 4 LLC FOR CITY-OWNED PROPERTY KNOWN AS 5 SPACE #30 IN THE VIRGINIA BEACH FARMERS 6 MARKET 7 8 WHEREAS, the City of Virginia Beach (the "City") is the owner of the City of 9 Virginia Beach Farmers Market located at the corner of Princess Anne Road and Dam 10 Neck Road in Virginia Beach, Virginia (the "Farmers Market"); 11 12 WHEREAS, Sweet Enchantments Bakery, LLC ("Sweet Enchantments") would 13 like to enter into a lease with the City for Space #30 at the Farmers Market, consisting 14 of 250 square feet (the "Premises"); 15 16 WHEREAS, the Premises will be utilized for the sale of gluten-free, dairy-free, 17 organic baked goods and related items, and for no other purpose; and 18 19 WHEREAS, Sweet Enchantments has agreed to pay the City $250.00 per month 20 ($3,000 per year) for the use of the Premises for the duration of the lease term. 21 22 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 23 OF VIRGINIA BEACH, VIRGINIA: 24 25 That the City Manager is hereby authorized to execute a lease for up to 3 years 26 between Sweet Enchantments and the City for the Premises, in accordance with the 27 Summary of Terms attached hereto, and such other terms, conditions or modifications 28 as may be acceptable to the City Manager and in a form deemed satisfactory by the 29 City Attorney. 30 31 Adopted by the Council of the City of Virginia Beach, Virginia on the day of 32 , 2014. APPROVED AS TO LEGAL APPROVED AS TO CONTENT SUFFICIENCY AND FORM ,. City Attorney Public Wo s/Faciliti Management CA12768 \\vbgov.com\DFS1 \Applicati ons\CityLawProd\cycom32\W pdocs\D008\P023\00104505.DOC R-1 January 13, 2014 SUMMARY OF TERMS LEASE FOR SPACE #30 AT THE VIRGINIA BEACH FARMERS MARKET LESSOR: City of Virginia Beach LESSEE: Sweet Enchantments Bakery, LLC PREMISES: Space #30, consisting of 250 sq. ft. TERM: Initial Term: February 1, 2014 - January 31, 2015 Option Term 1- February 1, 2015 - January 31, 2016 Option Term 2- February 1, 2016 - January 31, 2017 RENT: Rent of $250 per month ($3,000 per year) Rent shall be abated for the month of February 2014 allowing tenant time to make improvements. RIGHTS AND RESPONSIBILITIES OF LESSEE: • Use Premises for sale of gluten-free, dairy-free, organic baked goods and related items, and for no other purpose. . Maintain Premises, including heating and air conditioning units and/or heat pump units. . Payment of all assessed fees and taxes. • Purchase and maintain commercial general liability insurance. RIGHTS AND RESPONSIBILITIES OF CITY: • Maintain common areas of the Farmers Market and structural elements of the Premises. • Provide electrical service. TERMINATION: • City has special right to terminate if necessary for a public purpose by giving sixty (60) days' advance written notice. • Lessee may terminate by giving ninety (90) days' advance written notice. \\vb9ov.com\DFS1 Wpplications\CityLawProd\cycom32\Wpdocs\D008\P023\00104507.DOC LOCATI()N MAP. "?440 . 26 i 2 0 ?-? er --' 100 13 ? 2? 0 j 2? _ f? 3 Organ:iioo Groc 12 2412?81E 0 ua{ He rt i a g e 6 20 " L uNZ.T 3 O so ' Picnic 30 2400, . / 24 /411 /37 ?? 1y24 40 960 24 16 3 40 7 3. 17 401 24 8 o 29 8 20 1 a 30 / , 2 ? 9 ? 1090 ? 939 `T-IR(i PaA BE.A.Cfl r+ ARM. .RS MA.RJKET 96Q ?939 16 2A 6 O7 3\ 38 1178 . \\\/ 15 320 40 35 45 8 19 --- 5 4 320 40 35 15 s? z '-. `/ 2?1 ? ?6a_) 15/ 6 2A % 24 35 5 ? cuaTd House 42 sa. Ft. v+u ? Cy? ?`, O CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Granting a Franchise Agreement for Pedal Cab Operation in the Resort Area MEETING DATE: February25, 2014 ¦ Background: The use of bicycles, surreys and other forms of pedal vehicles has become a popular, convenient and eco-friendly form of transportation in the Resort Area. Many visitors and residents, however, cannot take advantage of pedal vehicles due to age or health issues. Public transportation is not available to many of the restaurants located on Rudee Inlet. Taxi service is slow due to traffic congestion. In 2009, Beach Pedal Cab Company was awarded a franchise agreement to operate pedal cab service under a pilot program. Beach Pedal Cab could not generate enough revenue to continue operating beyond the pilot program, and the franchise agreement was terminated. In 2013, Seven Cities Rickshaw, LLC was awarded a franchise agreement, under a four-month pilot program, to operate pedal cab service in an expanded operating area, which included Atlantic Avenue. Operating criteria were included in the franchise agreement to ensure public safety and to minimize conflict with other pedal vehicles. The 2013 pilot program was successful. City staff consulted with the Resort Advisory Commission ("RAC") regarding the 2013 pilot program and made minor changes to the franchise operating criteria. The RAC concluded that pedal cab operation is a sustainable business that should continue in the Resort Area, and it recommended awarding a new pedal cab franchise. The City issued an invitation to bid ("ITB") in December 2013 for a pedal cab franchise. The City received one bid in response to the ITB. The bid was received from Seven Cities Rickshaw, LLC. ¦ Considerations: Pedal cab service will provide an additional transportation amenity for visitors and residents visiting the Resort Area. City staff recommends approval of a one-year franchise agreement, with the option for three additional one-year terms. City staff will evaluate the pedal cab operation at the end of the one-year term and make adjustments as needed to ensure the success of the operation. ¦ Public Information: A public notice was published in The Beacon on February 16, 2014 and February 23, 2014. ¦ Resort Advisory Commission Recommendation: Approval ¦ Staff Recommendation: Approval ¦ Attachments: Ordinance and Summary of Terms Submitting Department/Aency: SGA Resort Management Office ? City Manager. „?? 1 AN ORDINANCE GRANTING A FRANCHISE AGREEMENT 2 FOR PEDAL CAB OPERATION IN THE RESORT AREA 3 4 WHEREAS, the use of bicycles, surreys and other forms of pedal vehicles has 5 become a popular, convenient and eco-friendly form of transportation in the Resort 6 Area; and 7 8 WHEREAS, many visitors and residents cannot take advantage of pedal vehicles 9 due to age or health issues; and 10 11 WHEREAS, public transportation is not available to many of the restaurants 12 located on Rudee Inlet, and taxi service is slow due to traffic congestion; and 13 14 WHEREAS, in 2009, Beach Pedal Cab Company was awarded a franchise 15 agreement to operate a pedal cab service under a pilot program; and 16 17 WHEREAS, Beach Pedal Cab Company could not generate enough revenue to 18 continue operating beyond the pilot program, and the franchise agreement was 19 terminated; and 20 21 WHEREAS, in 2013, Seven Cities Rickshaws, LLC was awarded a franchise 22 agreement, under a four-month pilot program, to operate pedal cab service in an 23 expanded operating area, which included Atlantic Avenue; and 24 25 WHEREAS, operating criteria were included in the franchise agreement to 26 ensure public safety and to minimize conflict with other pedal vehicles; and 27 28 WHEREAS, the 2013 pilot program was successful; and 29 30 WHEREAS, City staff consulted with the Resort Advisory Commission ("RAC") 31 regarding the 2013 pilot program and made minor changes to the franchise operating 32 criteria; and 33 34 WHEREAS, the RAC concluded that pedal cab operation is a sustainable 35 business that should continue in the Resort Area, and it recommended awarding a new 36 pedal cab franchise; and 37 38 WHEREAS, the City issued an invitation to bid ("ITB") in December 2013 for a 39 pedal cab franchise; and 40 41 WHEREAS, the City received one bid in response to the ITB; and 42 43 WHEREAS, the bid was received from Seven Cities Rickshaw, LLC; and 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 WHEREAS, the RAC and City staff recommend awarding a one-year pedal cab franchise agreement, with the option for three additional one-year terms, to Seven Cities Rickshaw, LLC. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the City Council hereby grants a franchise agreement for pedal cab operation to Seven Cities Rickshaws, LLC. 2. That the City Manager, or designee, is hereby authorized to execute a franchise agreement with Seven Cities Rickshaws, LLC in accordance with the attached Summary of Terms and such other terms and conditions deemed necessary and sufficient by the City Manager and in a form approved by the City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2014. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Strategic Growth Area Office AI? kc..._---- City Attorney's ffice CA12880 R-2 February 17, 2014 F'ranchise Agreement for Pedal Cab Uperation in the Resoi•t Area Francllisee: Seven Cities Rickshaws, I,LC Naturc of Franchisc: Pedal Cab Operation in the Rcsort Acea Tei-m: March 1, 2014 through Februaiy 28, 2015. Franchise Fee: $600 tor the lerm of thc f'ranchise. Non-Exclusive Tcanchise: The City is authocired to grant othcl- ficanchises in the subject area. Aininimwii of 2 pedal cabs and a maximum of' 10 pedal cabs shali be opecated betwccn 10:00 am and 7:00 pm between Memorial Day and Labor Da}'. Operational C'riteria: 1'he Agrcemcnt stipulates operatioiial standards and safcguards such as: a. Pcdal cabs sliall be maintained in goocl working order and shall bc acsthetically plcasing. "l'hc C'ity- shall approvc thc appclarancc ofthc pcdal cabs. l). 1'edal cabs shall havc a proper working brak:ng inechanism. 1'edal cabs shall have hcadtights and tail lights. c. Yeda1 cabs shall be subject to the opcrational and equipment requirements Ior bicycles set forth iri Vii°ginia Codc Section 46.2-1015 and the Code oF thc City of Virginia 13each Scctio,i5 7-50 through 7-64. d. Yedal cabs shall be operated ori tlie premiscs ai a uzaximuin speed of fivc (5) niilcs per hour. C. Pedal cabs shall display a`slow moving vehicle emblcin" on thc rcar of the vcliicle during daylight hours. A battery powered blinking light or other illuunination devices shall bc placed and used on all pedal cabs at night. Thc City shall approve the emblem, lights, and other illumination dcvices. 1'. nli pedestrians shall havc thc right of way and the Franchisce shall make evcry reasonable cffort to protect the public's safety. g, . Nu pedal cab loading or unloading, or settling of bills, shall be donc on thc boardwalk, the boardwalk bike path, sidewalks or travel por?ioil of any roadway in the resort arca. Loading and uuloading plans shall require approval by the City. h. Pedal cabs s6all be prohibited ji-om staging in iravel portions ofpublic strcets aild sidewalks. Staging areas for pedal cabs sl.all bc in non-ti-avel poi-tions ofpublic strects, connector parlcs, and in s?rec[s en the onc hundred blocks, v"here public acccss is availablc. i. Pedal cab operalors are nol requii-cd to bi einployed by Franchisec, howcvcr violations of any operating critcria of the l?ranchise by a pedal cab operator may result in tcrmination of the francnise. j. Pedal cab operators sliall carry on their perst)n, at all timcs during the operation of a pedal cab, a copy of tlic opcrationa; criteria ::ontain in the agreement. k. Pedal cab operators rllust be present with passcngers at all times during the pedal cab servicc. 1. Pranchisee shall provide to each of its crnployces attire which appropriately identifies the pedal cab ride operation. Such attire shall be approved by the SGA Resort Management Officc. The appr-oved attire must be worn by on-duty employees during a11 hours ol'opcratiou. /\ll outer wear shall havc at least a name tag with the Pranchisee's official logo or company name. M. Persons operating pedal cabs shall not sell. solicit, offer, distribute, or provide any information, written or oral, regarding aily operation or servicc in connection with time shares, vacation packages, lodging accominodations, hotels, motels, inns, campgrounds, restaurants, retail stores or entcrtainmcnt establishinents. n. No advcrtisements, other than the name of Franchisee, and the fce for thc use and the location of the pcdal cab servicc, shall be placed or inaintained by the Franchisee on the outside of the pedal cab. Advertising matcrial, approved by the SGAO, may be placed on the inside of the pedal cab so that it is visible to the pedal cab passengers only. o. Persons operating pedal cabs ai-e proliibited froin consuming alcohol and froni using earphones while operating a pedal cab. p. Any ctlanges in the opcrational criteria shall require prior written approval of the Citv. Hold I-larmless: Fi-anchisee indemnifies and holds harmless the City for loss and liability. Insurance: $2,000.000 coinbined single limits. Tcrmination: City may tcrminatc abrccment for cause. yyS O? '?)7 ?J CITY OF VIRGINIA BEACH AGENDA ITEM _ ITEM: Resolution re Policy on Banners on Pedestrian Bridge in Central Business Core District MEETING DATE: February 25, 2014 ¦ Background: Banners have been allowed to displayed on the pedestrian bridge over Columbus Street for a number of years; to date, however, there has been no formal policy governing those dispfays. ¦ Considerations: The proposed Resolution adopts a policy that formalizes the current informal policy regarding the display of banners from pedestrian bridges in the Central Business Core District. The policy contains limitations regarding the length of time such banners may be displayed, their size and purposes for which banners may be hung. No substantial changes from the current informal policy are made. ¦ Public Information: Advertised as an ordinary agenda item. ¦ Recommendations: Adoption of resolution. ¦ Attachments: Resolution, banner policy. Recommended Action: Approval Submitting DepartmentlAgency: City Manager: Department of Economic Development 1 2 A RESOLUTION TO ADOPT A POLICY 3 REGARDING THE DISPLAY OF BANNERS ON 4 PEDESTRIAN BRIDGES IN THE CENTRAL 5 BUSINESS CORE DISTRICT 6 7 8 WHEREAS, banners hung from the pedestrian bridge over Columbus Street 9 have traditionally been allowed to be displayed in connection with events at the Sandler 10 Center, Ynot Wednesdays and elsewhere within the Town Center area; and 11 12 WHEREAS, such banners provide an effective means of generating interest in 13 cultural events and entertainment in Town Center and in providing information to 14 residents, visitors and those who work in the area regarding the time, place and nature 15 of such events and entertainment; and 16 17 WHEREAS, the current policy governing the display of banners from pedestrian 18 bridges has heretofore been informal in nature; and 19 20 WHEREAS, in order to formalize the current policy regarding the display of 21 banners on the pedestrian bridge over Columbus Street and any similar structures that 22 may be constructed in the future; 23 24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 25 OF VIRGINIA BEACH: 26 27 1. That the "Pedestrian Bridge Banner Policy, Central Business District," 28 dated December 2013, a true copy of which is hereto attached and is on 29 file in the office of the Senior Project Development Manager of the 30 Department of Economic Development, is hereby adopted; and 31 32 2. The City Manager and his designee are hereby authorized to administer 33 and enforce the provisions of the aforesaid Policy. 34 35 Adopted by the City Council of the City of Virginia Beach on the day 36 of , 20_. 37 38 39 40 41 APPROVED AS TO CONTENT: 42 43 44 45 Dept. of Ec nomic Development 46 47 CA-12703 48 October 23, 2013 49 R-1 APPROVED AS TO LEGAL Y: . ' //? ?' ?% ,? , /City Attorney's Office 2 PEDESTRIAN BRIDGE BANNER POLICY CENTRAL BUSINESS CORE DISTRICT December, 2013 Banners hung from the pedestrian bridge over Columbus Street have traditionally been allowed to be displayed in connection with events at the Sandler Center Plaza, Fountain Plaza and elsewhere within the Town Center area. Such banners provide an effective means of generating interest in cultural events and entertainment in Town Center and in providing information to residents, visitors and those who work in the area regarding the time, place and nature of such events and entertainment. To date, however, no formal policy governing the display of banners from pedestrian bridges has been in effect. This policy is intended to establish a formal policy regarding the display of banners on pedestrian bridges over City streets in the Central Business Core District. It does not apply to banners allowed by applicable sign regulations set forth in Article 2 or Article 22 of the City Zoning Ordinance. 1. Banners shall be allowed only for the purposes of promoting special events, events at major entertainment venues and similar activities held within the CBC Central Business Core District. There shall be no more than one (1) banner on each side of the pedestrian bridge at any time. 2. Information displayed on banners shall be limited to the name, date/time, location of the event and the logo of the sponsor(s) of the event. No additional commercial advertising shall be displayed. 3. Banners shall not exceed six feet by forty-six feet (6' x 46? in size. Lettering shall no less than six inches (6") high. 4. Banners shall be displayed for no longer than fourteen (14) days prior to an event unless a longer period of time is approved by the Senior Project Development Manager of the Department of Economic Development in the case of an event that regularly recurs on a weekly or more frequent basis or for other good cause shown. Banners shall be removed within two (2) business days after the conclusion of the event. 5. If necessary by reason of conflicting event schedules, banners shall be allowed in the following priority: (1) Town Center Program Events; (2) Sandler Center Events; and (3) Other qualifying events Approved: City Manager or Designee Date: 2 ? r CITY OF VIRGINIA BEACH AGENDAITEM ITEMS: (1) A Resolution to Adopt a Revised Policy for the Investment of City Funds (2) An Ordinance to Adopt the VACoNML Virginia lnvestment Pool Trust Fund for the Purpose of Investing Certain City Funds within the City Treasurer's Control MEETING DATE: February 25, 2014 ¦ Background: The Virginia lnvestment Pool (VIP) is a recently created, pooled investment program that Virginia local governments and other political subdivisions can use to invest assets they expect to hold for one year or longer. The assets are invested in high-quality corporate and government securities with average duration of between 1 to 2 years. Because VIP specializes in slightly longer term investments, it features a higher expected rate of return than some other money market funds. VIP also offers semi-monthly liquidity, which enable participants to access funds on short notice if the need arises. The pool is administered by VACo/VML and governed by a board of trustees elected by the participants. ¦ Considerations: Participation in VIP will provide the City Treasurer with an additional option to those currently in the City Investment Policy. VIP is designed for funds that are available to be invested for one year or longer and should be used in conjunction with money-market or overnight investment funds and other shorter term investments. To join VIP, the Council will need to adopt the attached ordinance, which incorporates the VIP Trust Fund Agreement and VIP Trust Joinder Agreement, both attached. In addition to the ordinance to join VIP, this is an opportunity to update the City's Investment Policy, which Council last formally reviewed in 2005. Housekeeping updates to the appendices have been made periodically to maintain conformity with Government Finance Officers' Association recommended practices. ¦ Public Information: Public information will be provided by the regular City Council agenda process. City Council received a briefing on this matter on February 18, 2014. ¦ Attachments: Resolution; Ordinance; Revised Investment Policy; VIP Trust Fund Agreement; VIP Trust Joinder Agreement Submitting DepartmentlAgency: City Treasurer City Manager: QS V , 1 A RESOLUTION ADOPTING A REVISED 2 POLICY FOR THE INVESTMENT OF CITY 3 FUNDS 4 5 WHEREAS, the City Council adopted a policy for the investment of City funds on 6 May 28, 1996, and this policy was most voted upon by Council in 2005; and 7 8 WHEREAS, the purpose of the policy is to provide for the prudent investment of 9 City funds; and 10 11 WHEREAS, the City Treasurer, as custodian of City funds pursuant to section 12 8.03 of the City Charter, is responsible for the investment of City funds; and 13 14 WHEREAS, it is important that the City funds be invested in accordance with the 15 Code of Virginia and prudent fiduciary standards; and 16 17 WHEREAS, the City Treasurer has recommended the adoption of the attached 18 revised Investment Policy. 19 20 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA: 22 23 That the attached City of Virginia Beach Investment Policy is hereby adopted, 24 and the Treasurer is hereby directed to use the Investment Policy for the investment of 25 the City's funds. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2014. APR(R-hVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: City,ireas rer rn6's ffice CA12866 R-1 December 17, 2013 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 AN ORDINANCE TO ADOPT THE VACO/VML VIRGINIA INVESTMENT POOL TRUST FUND FOR THE PURPOSE OF INVESTING CERTAIN CITY FUNDS WITHIN THE CITY TREASURER'S CONTROL WHEREAS, Section 15.2-1500 of the Virginia Code provides, in part, that every locality shall provide for all the governmental functions of the locality, including, without limitation, the organization of all departments, offices, boards, commissions and agencies of government, and the organizational structure thereof, which are necessary to carry out the functions of government; and WHEREAS, Section 2.2-4501 of the Virginia Code provides that all municipal corporations and other political subdivisions may invest any and all moneys belonging to them or within their control, other than sinking funds, in certain authorized investments; and WHEREAS, Section 15.2-1300 of the Virginia Code provides that any power, privilege or authority exercised or capable of exercise by any political subdivision of the Commonwealth of Virginia may be exercised and enjoyed jointly with any other political subdivision of the Commonwealth having a similar power, privilege or authority pursuant to agreements with one another for joint action pursuant to the provisions of that section; and WHEREAS, any two or more political subdivisions may enter into agreements with one another for joint action pursuant to the provisions of Section 15.2-1300 of the Virginia Code provided that the participating political subdivisions shall approve such agreement before the agreement may enter into force; and WHEREAS, the City of Chesapeake, Virginia and the City of Roanoke, Virginia have determined to jointly establish and participate in the VACo/VML Virginia Investment Pool (the "Trust Fund") for each such city; and WHEREAS, it appearing to the City Council that it is in the best interests of the City to become a participating locality in the Trust Fund; and WHEREAS, the City Treasurer of Virginia Beach, as custodian of City funds pursuant to section 8.03 of the City Charter, is responsible for the investment of City funds; and WHEREAS, the City's duly elected Treasurer has the authority and responsibility under Virginia law to determine the manner in which City funds under his control will be invested, subject to those restrictions provided by law; NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: 47 1. The City does hereby agree to participate in a trust pursuant to Section 2.2-4501 48 of the Virginia Code for the purpose of investing moneys determined to derive the most 49 benefit from this investment strategy, belonging to it or within its control, other than 50 sinking funds, in certain authorized investments, in the form set forth in the VACo/VML 51 Virginia lnvestment Pool Trust Fund Agreement (the "Agreement"), a copy of which is 52 attached here as Exhibit A. 53 54 2. The City agrees to become a"Participating Political Subdivision" in the 55 "VACo/VML Virginia lnvestment Pool" (hereinafter, the "Trust Fund"), as further defined 56 in the Agreement. 57 58 3. The City Treasurer, as custodian of all public moneys of the City, shall serve as 59 the trustee for the City of Virginia Beach with respect to the Trust Fund. 60 61 4. The Council consents to the City Treasurer executing and delivering a Trust 62 Joinder Agreement for Participating Political Subdivisions under VACo/VML Virginia 63 Investment Pool ("Trust Joinder Agreement"), a copy of which is attached hereto as 64 Exhibit B. 65 66 5. This ordinance shall be in force and effect upon its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2014. APPIftVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: City T?ebstrer CA12868 R-1 December 19, 2013 CITY OF VIRGINIA BEACH, VIRGINIA INVESTMENT POLICY PREAMBLE The City Council, elected officials, appointed officers, and employees of the City of Virginia Beach recognize their financial stewardship responsibilities to the citizens of Virginia Beach. A critical area of this financial stewardship is the investment of the city's cash balances, for with the City Treasurer bears primary responsibility. Recognizing the advantages of a safe and effective investment program for the city's funds, the City Council and City Treasurer jointly acknowledge the need for and hereafter accept this investment policy as it may be amended from time to time. City of Virginia Beach, Virginia Investment Policy (Revised February 2014) CITY OF VIRGINIA BEACH, VIRGINIA INVESTMENT POLICY TABLE OF CONTENTS Page 1. Purpose----------------------------------------------------------------------------------------------------------------------- --- II. Scope-------------------------------------------------------------------------------------------------------------------------- --- III. Objective--------------------------------------------------------------------------------------------------------------------- --- 1. Safety---------------------------------------------------------------------------------------------------------- ---3 A. CreditRisk----------------------------------------------------------------------------------------------------- --4 B. Interest Rate Risk -------------------------------------------------------------------------------------------- -- 4 2. Liquidity----------------------------------------------------------------------------------------------------- ---4 3. Yield---------- --------------------------------------------------------- ------------------- ------------------- --- 4 IV. Standards of Care -------------------------------------------------------------------------------------- --------- -- 4 1. Prudence ------------------------------------------------------------------------------------- --------------- --- 2. Ethics and Conflicts of Interest 5 3. Delegation of Authority------------------------------------------------------------------------------------------ --- 5 V. Safekeeping, Custody, and Program Integrity------------------------------------------------------------------- --- 5 1. Authorized Financial Dealers and Institutions------------------------------------------------------------ --- 5 2. Internal Controls-- ------------ ----------------- ------------- ----- --------- --------- --------- ----------- ---6 3. Delivery vs. Payment (DVP)----------------------------------------------------------------------------------- --- 6 4. Independent Review----------------------------------------------------------------------------------------------- --- 6 VI. Suitable and Authorized Investments------------------------------------------------------------------------------ ---- 6 1. Investment Types--------------------------------------------------------------------------------------------------- --- 6 2. Collateralization-- ----------------------------------------------------------------------------------------- ---7 3. Repurchase Agreements------------------------------------------------------------------------------------------ --- 7 VII. Investment Parameters ---------- ------------------------------------------------------------ 8 1. Diversification--------------------------------------------------------------------------------------------- ---g 2. Maximum Maturities 8 3. Competitive Bids--------------------------------------------------------------------------------------------------- --- 8 VIII. Reporting ---------------------------------------------------------------------------------- ------------ --- g 1. Methods ------------------------------------ ---------- ---------------------------------- g 2. Performance Standards-- ------------------------------------------------------------------------------ ---9 3. Mark to Market _____ -------------------------------------------------------------------------------------- ___9 IX. Policy ------------------------------------------------------------------------------------------------------------------------ ---9 1. Exemption_.. ---------------------------------------------------------------------------------- ___9 2. Amendments 9 X. GFOA Recommended Practices--------------------------------------------------------------- --------- --- 9 XI. Glossary of Terms --------------------------------------------------------------- --------------- 10 Appen dices: A. Virginia Security for Public Deposits Act_________________________________________________________________ ____ 15 B. Broker/Dealer Questionnaire and Certification---------------------------------------------------------- ---- 20 C. Investment Guidelines for Bankers' Acceptances _________ _________ _________ _________ ________.. ____23 D. Investment Guidelines for Commercial Paper ___ _________ _________ _________ _________ ___________ ____25 E. Government Finance Officers' Association Recommended Practices Pertaining to Cash Management and Investing Activities----------------------------------------------------------------------- ---- 27 F. Various Code of Virginia Provisions Pertaining to Investment of Local Government Funds ------------------------------------------------------------------------------------------------------------------ 55 ---- 2 I. PURPOSE The purpose of this policy is to provide a guide for the actions of individuals responsible for the investment of city funds. In general, it is the policy of the city that its funds be invested in a manner which will provide the highest investment retums only after the goals of maximum security/safety, meeting daily cash flow demands, and conformance with all state and local statutes governing the investment of public funds have been met. In pursuing this objective, individuals investing city funds are to be guided by the "prudent person rule." The prudent person rule provides that, `Investments shall be made with judgment and care-under circumstances then prevailing-which persons ofprudence, discretion, and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safery of capital as well as the probable income to be derived. ' II. SCOPE This investment policy applies to the investment activities of all cash financial assets of the government of the City of Virginia Beach, except for assets of the employee retirement system, the employee deferred compensation plan, funds separately invested in accordance with bond resolutions for indentures (e.g., debt service funds, irrevocable escrow funds established by a refunding bond issue, etc.), and funds required to be separately invested in accordance with an escrow agreement, trust agreement, or other legally adopted contractual arrangement. Funds subject to this policy are accounted for in the city's Comprehensive Annual Financial Report and include: • General Fund • Special Revenue Funds • Capital Project Funds • Enterprise/Proprietary Funds • Trust and Agency Funds • Any other fund created, unless specifically exempted by this policy or by separate action of the City Council. Except as may be specifically noted herein, this investment policy applies to all transactions involving the financial assets and related activities of all the foregoing funds. Except for cash in certain restricted and special funds, the City of Virginia Beach will consolidate cash and reserve balances from all funds to maximize investment earnings and to increase efficiencies with regard to investment pricing, safekeeping and administration. Investment income will be allocated to the various funds based on their respective participation and in accordance with generally accepted accounting principles. III. OBJECTIVE The primary objectives, in priority order, of the city's investment activities shall be: 1. Safety Safety of principal is the foremost objective of the city's investment program. Investments shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. The goal is to mitigate credit risk and interest rate risk. A. Credit Risk Credit risk is the risk of loss due to the financial failure of the security issuer or backer. Credit risk may be mitigated by: • Limiting investments to the safest types of securities; • Pre-qualifying the fmancial institutions, brokers/dealers, intermediaries, and advisors with which the city will do business; and . Diversifying the investment portfolio so that potential losses on individual securities will be minimized. B. Interest Rate Risk Interest rate risk is the risk that the market value of securities in the portfolio will fall due to changes in general interest rates. Interest rate risk may be mitigated by: • Structuring the investment portfolio so that securities mature to meet cash requirements for ongoing operations, thereby avoiding the need to sell securities on the open market prior to maturity; and • By investing operating funds primarily in shorter-term securities. 2. Liquidity The investment portfolio shall remain sufficiently liquid to meet all operating requirements that may be reasonably anticipated. This is accomplished by structuring the portfolio so that securities mature concurrent with cash needs to meet anticipated demands (static liquidity). Furthermore, since all possible cash demands cannot be anticipated, the portfolio should consist largely of securities with active secondary or resale markets (dynamic liquidity). Alternatively, a portion of the portfolio may be placed in money market mutual funds provided that the funds are registered under the Securities Act of the Commonwealth or the Federal Investment Co. Act of 1940, and that the investments by such funds are restricted to investments otherwise pernutted by law for political subdivisions as set forth in the Investment of Public Funds Act, or investments in other such funds whose portfolios are so registered, or local government investment pools which offer same-day liquidity for short-term funds. Yield The investment portfolio shall be designed with the objective of attaining a market rate of return throughout budgetary and economic cycles, taking into account the investment risk constraints and liquidity needs. Return on investment is of least importance compared to the safety and liquidity objectives described above. The core of investments is to be limited to relatively low risk securities in anticipation of earning a fair return relative to the risk being assumed. Securities shall not be sold prior to maturity, with the following exceptions: • A declining credit security could be sold early to minimize loss of principal; • A security swap which would improve the quality, yield, or target duration in the portfolio; or • Liquidity needs of the portfolio require that an appropriately selected security be sold. IV. STANDARDS OF CARE 1. Prudence The standard of prudence to be used by the city's investment officials shall be the "prudent person" standard and shall be applied in the context of managing an overall portfolio. Investment officers acting in accordance with written procedures and this investment policy and exercising due diligence shall be relieved of personal responsibility for a specific security's credit risk or market price changes, provided negative deviations from expectations are reported in a timely fashion and the liquidation or sale of such securities is carried out in accordance with the terms of this policy. As stated previously, the prudent person standard provides that, `Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion, and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of capital as well as the probable income to be derived.' Ethics and Conflicts of Interest Officers and employees, including those involved in the City's investment process, are governed by the State and Local Government Conflict of Interests Act. Specifically, Code of Virginia §2.2- 3103 (5) and (6) of the Act provide that no officer or employee shall: (a) accept any money, loan, gift, favor, service, or business or professional opportunity that reasonably tends to influence him in the performance of his official duties; or (b) accept any business or professional opporiunity when he knows that there is a reasonable likelihood that the opporiunity is being afforded him to influence him in the performance of his official duties. To ensure that personal investment or business transactions do no violate these provisions or any other provision of the State and Local Government Conflict of Interests Act, officers and employees must (1) familiarize themselves with this Act and (2) carefully scrutinize how their personal interest may affect or be affected by the transactions that are part of the City's investment process. 3. Delegation of Authority The City Treasurer, who is the custodian of the City's monies pursuant to §8.03 of the Charter of the City of Virginia Beach, shall have responsibility for the operation of the investment program. The City Treasurer shall follow established written procedures and maintain internal controls for the operation of the investment program in a manner consistent with this investment policy. Procedures should include references to: safekeeping, delivery vs. payment, investment accounting, repurchase agreements, wire transfer agreements, collateraUdepository agreements, and banking service contracts. No person may engage in an investment transaction except as provided under the terms of this policy and the procedures established by the City Treasurer. The City Treasurer shall be responsible for all transactions undertaken and shall establish a system of controls to regulate the activities of subordinate officials. V. SAFEKEEPING, CUSTODY, AND PROGRAM INTEGRITY 1. Authorized Financial Institutions and Dealers The City Treasurer will maintain a list of financial institutions and dealers authorized to provide investment services. Financial institutions shall be "qualified public depositories" in accardance with provisions of the Virginia Security For Public Deposits Act (Code of Virginia §2.2-4400), as amended (copy attached as Appendix A), and must be designated a city depository in accordance with § 2-226 of the City Code. In addition, the City Treasurer will also maintain a list of approved security broker/dealers selected by creditworthiness (minimum capital requirement $10,000,000 and at least five years of operation). These may include "primary" dealers or regional dealers that qualify under the Securities and Exchange Commission Rule 150-1 (uniform net capital rule). All financial institutions and broker/dealers who desire to become qualified bidders for investment transactions must supply the following as appropriate: • Audited financial statements • Proof of Financial Industry Regulatory Authority membership • Proof of State registration • Completed City of Virginia Beach Broker/Dealer Questionnaire (not applicable to Certificate of Deposit counterparties) • Certification of having read, understood, and agreed to comply with the City of Virginia Beach's investment policy. • Evidence of adequate insurance coverage. An annual review of the financial condition and registration of qualified bidders will be conducted by the City Treasurer. 2. Internal Controls The City Treasurer is responsible for establishing and maintaining an internal control structure designed to ensure that the assets of the city are protected from loss, theft, or misuse. The intemal control structure shall be designed to provide reasonable assurance that these objectives are met. The concept of reasonable assurance recognizes that (a) the cost of a control should not exceed the benefits likely to be derived; and (b) the valuation of costs and benefits requires estimates and judgments by management. The internal controls shall include, but are not limited to the following: A. Control of collusion. B. Separation of reconciliation from accounting/record keeping. C. Custodial safekeeping. D. Avoidance of physical possession and/or delivery of securities. E. Clear delegation of authority to subordinate staff. F. Written confirmation of telephone transactions for investments. G. Maintenance of current contracts/agreements with the lead bank and third-party custodian. 3. Delivery vs. Payment All security transactions, including collateral for repurchase agreements, will be executed by delivery vs. payment (DVP). This ensures that securities are deposited in the appropriate safekeeping institution prior to the release of funds. Securities will be held by a third-party custodian as evidenced by safekeeping receipts with a written custodial agreement. The safekeeping institution shall annually provide a copy of their most recent report on internal controls (Statement of Auditing Standards No. 70, or SAS 70). 4. Independent Review To help maintain the integrity of the investment program, the City Treasurer shall establish a process for annual independent review by an external auditor to assure compliance with this policy. VI. SUITABLE AND AUTHORIZED INVESTMENTS Investment Types Consistent with the Government Finance Officers' Association (GFOA) Recommended Practice on State Statutes Concerning Investment Practices, and as defined by state law where applicable, the following investments will be permitted by this policy: • U.S. Government obligations, U.S. Government agency obligations, and U.S. Government instrumentality obligations, in accordance with §2.2-4501 of the Code of Virginia • Repurchase agreements, in accordance with §2.2-4507 of the Code of Virginia • Certificates of deposit, in accordance with §2.2-4509 of the Code of Virginia • Savings and loan association deposits, in accordance with §2.2-4500 of the Code of Virginia • Prime bankers' acceptances, in accordance with §2.2-4504 of the Code of Virginia and Appendix C(Inveshnent Guidelines for Bankers' Acceptances) of this policy • Prime commercial paper, in accordance with §2.2-4502 of the Code of Virginia except as further restricted by Appendix D(Investment Guidelines for Commercial Paper) of this policy • Investment-grade obligations of state and local governments and public authorities, in accordance with §2.2-4501 of the Code of Virginia • Money market mutual funds whose portfolios consist only of domestic securities, regulated by the Securities and Exchange Commission and as provided for in §2.2- 4508 of the Code of Virginia • Virginia Local Government Investment Pool as provided for in §2.2-4600 et seq. of the Code of Virginia • Virginia lnvestment Pool established as a governmental trust under Section 115 of the Internal Revenue code and by the Joint Powers Act Consistent with the Government Finance Officers' Association (GFOA) Recommended Practice on the Use of Derivatives by State and Local Governments, extreme caution should be exercised in the use of derivative instruments. The City Treasurer should carefully consider the factors outlined in the GFOA recommended practice when contemplating any derivative-type investment. (See GFOA Recommended Practices, Appendix E). 2. Collateralization In accordance with Virginia law (Virginia Security for Public Deposits Act, §2.2-4400 et seq. of the Code of Virginia) and the GFOA Recommended Practice on the Collateralization of Public Deposits, collateralization is required on all demand deposit accounts, including checking accounts and non-negotiable certificates of deposit, and repurchase agreements. The Virginia Security for Deposits Act adopted the concept of mutuality of responsibility, involving a cross guarantee among all banks holding public deposits. In the event of default by one financial institution, an assessment levied against all participating institutions will cover all uncollateralized public deposits. Collateral may be held by an independent third party with whom the City of Virginia Beach has a current written custodial agreement. (See GFOA Recommended Practices, Appendix E) 3. Repurchase Agreements Use and collateralization of repurchase agreements should be consistent with GFOA Recommended Practices on Repurchase Agreements. (See GFOA Recommended Practices, Appendix E) VII. INVESTMENT PARAMETERS Diversification Investments are to be diversified in accordance with the provisions of this policy by: limiting investments to avoid over-concentration in securities from a specific issuer or business sector (excluding U.S. Treasury securities), investing in securities with varying maturities, and continuously investing a portion of the portfolio in readily available funds such as local government investment pools (LGIPs), money market funds or overnight repurchase agreements to ensure that appropriate liquidity is maintained in order to meet ongoing obligations. (See the GFOA Recommended Practice on "Diversification of Investments in a Portfolio" in Appendix E. 2. Malcimum Maturities Generally, the City Treasurer shall limit maximum final stated maturities of investments covered by this policy to five years. To the extent possible, the Treasurer will attempt to match investments with anticipated cash flow requirements. Unless matched to a specific cash flow, the Treasurer will not directly invest in securities maturing more than five (5) years from the date of purchase. The Treasurer shall deternvne the appropriate average weighted maturity of the portfolio consistent with the investment objectives. Reverse and escrow funds may be invested in securities exceeding five (5) years to maturity if the maturities of such investments are made to coincide as nearly as practicable with the expected use of funds. The investment of these types of funds shall be disclosed to the City Council including the disclosure of appropriate time restrictions, if applicable. Competitive Bids The City Treasurer shall request competitive bids from at least (3) brokers or fmancial institutions for purchases of investments, except in circumstances when the Treasurer, or his designee, deem it necessary to do otherwise in order to meet certain investment goals, or when market conditions or circumstances dictate otherwise. Competitive bids are not required for funds invested in the state's investment pool. VIII. REPORTING 1. Methods The City Treasurer shall prepare an investment report at least quarterly, including a succinct management summary that provides a clear picture of the status of the current investment portfolio and transactions made over the last quarter. This management summary will be prepared in a manner which will indicate whether investment activities during the reporting period have conformed to the investment policy. The report shall be provided to the Finance Department. The reports will be provided to the City Manager and City Council upon request. The City Council may require additional information or clarification from the City Treasurer either orally or in writing. The report will include the following: • A listing of the amount and type of individual securities held at the end of the reporting period. • Unrealized gains or losses resulting from market price appreciation or depreciation by listing the cost and market value of those securities over one-year duration that are not intended to be held until maturity (available at fiscal year end). • Average weighted yield to maturity of the investment portfolio. • Listing of investment by maturity date. • The percentage of the total portfolio which each type of investment represents. 2. Performance Standards The investment portfolio will be managed in accordance with the parameters specified within this policy. The portfolio should obtain a market average rate of return during a market/economic environment of stable interest rates. Portfolio performance should be compared to appropriate benchmarks on a regular basis and at least annually in one of the quarterly reports due to City Council. Mark-to Market A statement of the market value (obtained from a reputable and independent source) of the portfolio shall be prepared and reported to the Finance Department at least quarterly. This statement will be provided to the City Manager and the City Council upon request. This statement should include the market value, book value, and unrealized gain or loss on each investment in the portfolio. This will ensure that the minimal amount of review has been performed on the investment portfolio in terms of value and subsequent price volatility. Review should be consistent with the GFOA Recommended Practice on Mark-to Market Practices for State and Local Government Investment Portfolios and Investment Pools. (See GFOA Recommended Practices, Appendix E) IX. POLICY Exemption Any investment held at the time of adoption of this policy that does not meet the guidelines and requirements of this policy shall be exempted from such guidelines and requirements. At maturity or liquidation, such monies shall be reinvested only as provided by this policy. 2. Amendments This policy shall be reviewed by the City Treasurer on an annual basis or more frequently as necessary. Any changes must be approved by the City Council. X. GFOA RECOMMENDED PRACTICES The Govemment Finance Officers' Association (GFOA) develops and approves policy statements and recommended practices pertaining to cash management and investment activities (see Appendix E). These policy statements and recommended practices are intended to serve as guidelines for state and local governments and other public bodies in the safe investment of public funds. To the extent that GFOA's policy statements and recommended practices, as they may be amended and/or adopted from time to time, do not conflict with applicable law, the provisions of this investment policy, or the safe, orderly, and efficient investment of the city's funds, the City Treasurer shall incorporate them into the city's investment program. XI. GLOSSERY OF TERMS AGENCIES: Federal agency securities. ARBITRAGE: A technique employed to take advantage of price differences in separate markets. This may be accomplished by purchasing a security in one market and immediately selling in another market at a better price. As used in the context of investing public funds, arbitrage means borrowing at low tax- exempt rates and investing in taxable instruments at higher rates. The arbitrage rebate provisions of the 1986 tax reform act govern this type of activity. ASKED: The price at which securities are offered. BANKERS' ACCEPTANCES (BAs): Negotiable time drafts drawn on commercial banks to fmance the import, export, shipment and storage of goods. Bankers' acceptances are backed by the credit of the bank, which assumes primary liability. The acceptance is further collateralized by the goods in shipment or storage. BASIS POINT: One-one hundredth of one percent. For example, one quarter of one percent would be expressed as "twenty-five basis points." BID: The price offered by a buyer of securities. (When you are selling securities, you ask for a bid.) See Offer. BOND: A written, interest bearing certificate of debt with a promise to pay on a specific date. BROKER: A broker brings buyers and sellers together for a commission. CERTIFICATE OF DEPOSIT (CD): A time deposit with a specific maturity evidenced by a certificate. Large denomination CDs are typically negotiable. COLLATERAL: Securities, evidence of deposit or other property which a borrower pledges to secure repayment of a loan. Also refers to securities pledged by a bank to secure deposits of public monies. COMMERCIAL PAPER: Business promissory notes, with a stated date of payment, which are usually sold at a discount and are backed by the general credit of the company. The credit of commercial paper may be enhanced by letters of credit from one or more banks. Commercial paper is generally for terms of less than 270 days; longer corporate obligations are referred to as notes or bonds and are subject to a greater degree of regulation. COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR): The official annual report for the City of Virginia Beach. It includes combined statements for each individual fund and account group prepared in conformity with GE1AP. It also includes supporting schedules necessary to demonstrate compliance with finance-related legal and contractual provisions, extensive introductory material, and a detailed Statistical Section. COMPENSATING BALANCE: A minimum level of deposits maintained in one or more non-interest bearing accounts at a bank to defray the costs of the banking services. COUPON: (a) The annual rate of interest that a bond's issuer promises to pay the bondholder on the bond's face value. (b) A certificate attached to a bond evidencing interest due on a payment date. 10 DEALER: A dealer, as opposed to a broker, acts as a principal in all transactions, buying and selling for his own account. DEBENTURE: A bond secured only by the general credit of the issuer. DELIVERY VERSUS PAYMENT (DVP): There are two methods of delivery of securities: delivery versus payment and delivery versus receipt. Delivery versus payment, or DVP, is delivery of securities coincident with an exchange of money for the securities. Delivery versus receipt is delivery of securities with an exchange of a signed receipt for the securities. Delivering securities DVP means that funds are not released by the trustee until the security is delivered either in physical form or through DTC. DERIVATIVE: A financial instrument created from or whose value depends on (is derived from) the value of one or more underlying assets or indexes of asset values. The term "derivative products" refers to instruments or features such as collateralized mortgage obligations (CMOs), interest-only (IOs) and principal only (POs), forwards, futures, currency and interest rate swaps, options, floaters/inverse floaters, and caps/floors/collars. DISCOUNT: The amount or percentage at which a security sells below par value. For example, if a bond with a$1,000 par value sells for $900, the discount is $100 or 10%. DISCOUNT SECURITIES: Non-interest bearing money market instruments that are issued at a discount and redeemed at maturity for full face value; e.g., U.S. Treasury Bills. DIVERSIFICATION: Dividing investment funds among a variety of securities offering independent returns. Diversification is a means of reducing risk m an investment portfolio. D.K.: "Don't know." If the delivery of a security fails because the trustee was not informed to take delivery or because the security is delivered for a different amount than agreed upon, the trade is "DK'ed," meaning refused. D.T.C.: The Depository Trust Company (DTC) of New York acts as the repository for all securities which are electronic, as opposed to physical delivery. These include all U.S. Treasury and agency issues and certain issues of commercial paper. FEDERAL CREDIT AGENCIES: Agencies of the Federal Government set up to supply credit to various classes of institutions and individuals; e.g., S&Ls, small business firms, students, farmers, farm cooperatives, and exporters. FEDREAL DEPOSIT INSURANCE CORPORATION (FDIC): A federal agency that insures bank deposits, currently up to $100,000 per deposit. FEDERAL FLTNDS RATE: The rate of interest at which Fed funds are traded. This rate is currently pegged by the Federal Reserve through open-market operations. FEDERAI. HOME LOAN BANKS (FHLB): The institutions that regulate and lend to savings and loan associations. The Federal Home Loan Banks play a role analogous to that played by the Federal Reserve Banks vis-a-vis member commercial banks. FEDERAL NATIONAL MORTGAGE ASSOCIATION (FNMA): FNMA, like GNMA, was chartered under the Federal National Mortgage Association Act in 1938. FNMA is a federal corporation working under the auspices of the Department of Housing and Urban Development (HUD). It is the largest single provider of residential mortgage funds in the United States. Fannie Mae, as the corporation is called, is a private stockholder-owned corporation. The corporation's purchases include a variety of adjustable mortgagees and second loans, in addition to fixed-rate mortgages. FNMA's securities are highly liquid and are widely accepted. FNMA assumes and guarantees that all security holders will receive timely payment of principal and interest. 11 FEDERAL OPEN MARKET COMMITTEE (FOMC): Consists of seven members of the Federal Reserve Board and five of the twelve Federal Reserve Bank Presidents. The President of the New York Federal Reserve Bank is a permanent member, while the other Presidents serve on a rotating basis. The Committee periodically meets to set Federal Reserve guidelines regarding purchases and sales of Government Securities in the open market as a means of influencing the volume of bank credit and money. FEDERAL RESERVE SYSTEM: The central bank of the United States created by Congress and consisting of a seven member Board of Governors in Washington, D.C., 12 regional banks, and about 5,700 commercial banks that are members of the system. FINANCIAL INDUSTRY REGULATORY AUTHORITY (FINRA): A self-regulatory organization. FINRA is the largest non-governmental regulator for all securities firms doing business with the United States publia lt was created in 2007 by the consolidation of the regulatory operations of the National Association for Securities Dealers (NASD) and New York Stock Exchange (NYSE). GOVERNMENT NATIONAL MORTGAGE ASSOCIATION (GNMA OR GINIEE MAE): Securities influencing the volume of bank credit guaranteed by GNMA and issued by mortgage bankers, commercial banks, savings and loan associations, and other institutions. Security holder is protected by full faith and credit of the U. S. Government. Ginnie Mae securities are backed by the FHA, or FMHM mortgages. The term "passthroughs" is often used to describe Ginnie Maes. JUMBO CD: A certificate of deposit of at least one hundred thousand dollars. LIQUIDITY: A liquid asset is one that can be converted easily and rapidly into cash without a substantial loss of value. In the money market, a security is said to be liquid if the spread between bid and asked prices is narrow and reasonable size transactions can be done at those quotes. LOCAL GOVERNMENT INVESTMENT POOL (LGIP): The aggregate of all funds from political subdivisions that are placed in the custody of the State Treasurer for investment and reinvestment. MARKET VALUE: The price at which a security is trading and could presumably be purchased or sold. MASTER REPURCHASE AGREEMENT: A written contract covering all future transactions between the parties to repurchase-reverse repurchase agreements that establishes each party's rights in the transactions. A master agreement will often specify, among other things, the right of the buyer-lender to liquidate the underlying securities in the event of default by the seller-borrower. MATURITY: The date upon which the principal or stated value of an investment becomes due and payable. MONEY MARKET: The market in which short-term debt instruments (bills, commercial paper, bankers' acceptances, etc.) are issued and traded. MUNICIPAL OBLIGATION: A security issued by a state or local government, public authority, or similar entity. These obligations are generally exempt from federal income tax. Taxable municipal obligations are issued by localities or authorities for non-public purpose projects. OFFER: The price asked by a seller of securities. (When you are buying securities, you ask for an offer.) See Asked and Bid. OPEN MARKET OPERATIONS: Purchases and sales of government and certain other securities in the open market by the New York Federal Reserve Bank as directed by the FOMC in order to influence the volume of money and credit in the economy. Purchases inject reserves into the banking system and 12 stimulate growth of money and credit; sales have the opposite effect. Open market operations are an important and flexible Federal Reserve monetary policy tool. PAR VALUE: The value of a security as expressed on its face without consideration of any premium, discount, or accrued interest. Par value is also known as "face amounY" or "face value." PREMIUM: The amount by which the price paid for a security exceeds the par value. PORTFOLIO: Collection of securities held by an investor. PRIMARY DEALERS: Government securities dealers which submit daily reports of market activity and positions and monthly financial statements to the Federal Reserve Bank of New York and are subject to the Fed's informal oversight. Primary dealers include Securities and Exchange Commission (SEC) - registered securities broker-dealers, banks, and a few unregulated firms. PRINCIPAL: The amount paid for a security exclusive of accrued interest. RATE OF RETURN: The yield obtainable on a security based on its purchase price or its current market price. REPURCHASE AGREEMENT (REPO): In a repo, a holder of securities sells the securities to an investor with an agreement to repurchase them at a fixed price on a certain date. The security "buyer" in effect lends the "seller" money for the period of the agreement, and the terms of the agreement are structured to compensate him for this. Dealers use repos extensively to finance their positions. REVERSE REPO: In a reverse repo, an investor owns securities, such as a Treasury note, U.S. government agency bond or other security, that a bank or dealer purchases under an agreement to sell back to the investar on a specified date, at an agreed-upon interest rate. A reverse repo is the opposite or complement to a repurchase agreement transaction - i.e., every repo involves a reverse repo by the other party to the transaction. SAFEKEEPING: A service to customers rendered by third party banks for a fee whereby securities and collateral of all types and descriptions are held by the bank for protection. SECONDARY MARKET: A market made for the purchase and sale of outstanding issues following their initial sale and distribution. SECURITIES & EXCHANGE COMMSION (SEC): Agency created by Congress to protect investors in securities transactions by administering securities legislation. SEC RULE 15C3-1: See Uniform Net Capital Rule. TIME DEPOSIT: A bank deposit drawing interest at intervals and having a restrictive level of withdrawals; e.g., a savings account. TREASURY BILLS: A discount security issued by the U.S. Treasury to finance the national debt. Most bills are issued to mature in three months, six months, or one year. TREASURY BOND: Long-term U.S. Treasury securities having initial maturities of more than 10 years. TREASURY NOTES: A medium-term interest bearing security issued by the U.S. Treasury to finance the national debt. TREASURY OBLIGATIONS: Securities representing obligations backed by the full faith and credit of the United States. Treasury bills are short-term obligations (3 months to 1 year), treasury notes are medium-term obligations (1 to 10 years), and treasury bonds are long-term obligations (10 to 30 years). 13 IJNIFORM NET CAPITAL RULE: Securities and Exchange Commission requirement that member firms as well as non-member broker-dealers in securities maintain a maximum ratio of indebtedness to liquid capital of 15 to 1; also called net capital rule and net capital ratio. Indebtedness covers all money owed to a firm including margin loans and commitments to purchase securities, one reason new public debt issues are spread among members of underwriting syndicates. Liquid capital includes cash and assets easily converted into cash. U.S. AGENCY SECURITIES: Obligations issued by agencies established by the United States government. These obligations are regarded as being almost as risk free as direct treasury issues because the federal government supervises and regulates the issuers and is regarded as having a moral obligation to ensure repayment. YIELD: The rate of annual income return on an investment, expressed as a percentage. ZERO BALANCE ACCOUNT: A demand deposit account in which no cash balance is maintained overnight. As checks drawn on the account are presented, the funds necessary to pay them are transferred from a master account at the same bank. Zero balance accounts are used to control float or provide account separation for specialized purposes. 14 APPENDIX A Virginia Security For Public Deposits Act 15 § 2.2-4400. Short title; declaration of intent; applicability. A. This chapter may be cited as the "Virginia Security for Public Deposits Act." B. The General Assembly intends by this chapter to establish a single body of law applicable to the pledge of security as collateral for public funds on deposit in financial institutions so that the procedure for securing public deposits may be uniform throughout the Commonwealth. C. All public deposits in qualified public depositories that are required to be secured by other provisions of law or by a public depositor shall be secured pursuant to this chapter. D. This chapter, however, shall not apply to deposits made by the State Treasurer in out-of-state financial institutions related to master custody and tri-party repurchase agreements, provided (i) such deposits do not exceed ten percent of average monthly investment balances and (ii) the out-of-state financial institutions used for this purpose have a short-term deposit rating of not less than A-1 by Standard & Poor's Rating Service or P-1 by Moody's Investors Service, Inc., respectively. (1973, c. 172, §§ 2.1-359, 2.1-361; 1984, c. 135; 2000, cc. 335, 352; 2001, c. 844.) § 2.2-4401. Definitions. As used in this chapter, unless the context requires a different meaning: "Public deposit" means moneys of the Commonwealth or of any county, city, town or other political subdivision thereof, including moneys of any commission, institution, committee, board or officer of the foregoing and any state, circuit, county or municipal court, which moneys are deposited in any qualified public depository in any of the following types of accounts: nonnegotiable or registered time deposits, demand deposits, savings deposits, and any other transaction accounts, and security for such deposit is required by other provisions of law, or is required due to an election of the public depositor. "Qualified public depository" means any national banking association, federal savings and loan association or federal savings bank located in Virginia and any bank, trust company or savings institution organized under Virginia law that receives or holds public deposits that are secured pursuant to this chapter. "Default or insolvency" includes, but shall not be limited to, the failure or refusal of any qualified public depository to return any public deposit upon demand or at maturity and the issuance of an order of supervisory authority restraining such depository from making payments of deposit liabilities or the appointment of a receiver for such depository. "Treasury Board" means the Treasury Board of the Commonwealth created by § 2.2-2415. "Eligible collateral" means securities of the character authorized as legal investments under the laws of the Commonwealth for public sinking funds or other public funds and securities acceptable under United States Treasury Department regulations as collateral for the security of treasury tax and loan accounts. "Required collateral" of a qualified public depository means, (i) in the case of a bank, a sum equal to fifty percent of the actual public deposits held at the close of business on the last banking day in the month immediately preceding the date of any computation of such balance, or the average balance of all public deposits for such preceding month, whichever is greater, and (ii) in the case of a savings and loan association or savings bank, a sum equal to 100 percent of the average daily balance for the month immediately preceding the date of any computation of such balance of all public deposits held by such depository but shall not be less than 100 percent of the public deposits held by such depository at the close of business on the last banking day in such preceding month. "Treasurer" and "public depositor" means the State Treasurer, a county, city, or town treasurer or director of finance or similar officer and the custodian of any other public deposits secured pursuant to this chapter. (1973, c. 172, § 2.1-360; 1984, c. 135; 1987, c. 718; 1996, c. 77; 1998, cc. 20, 21; 2001, c. 844.) § 2.2-4402. Collateral for public deposits. Every qualified pubiic depository shall deposit with the State Treasurer, or, with the approval of the Treasury Board, with the Federal Reserve Bank of Richmond or any other bank or trust company located 16 within or without the Commonwealth, eligible collateral equal to or in excess of the required collateral of such depository to be held subject to the order of the Treasury Board. Eligible collateral shall be valued as determined by the Treasury Board. Substitutions and withdrawals of eligible collateral may be made from time to time under regulations issued by the Treasury Board. Each qualified public depository shall, at the time of the deposit of eligible collateral, deliver to the State Treasurer a power of attorney authorizing him to transfer any registered securities deposited, or any part thereof, for the purpose of paying any of the liabilities provided for in this chapter. Notwithstanding any other provisions of law, no depository shall be required to give bond or pledge securities in the manner herein provided for the purpose of securing deposits received or held in the trust department of the depository and that are secured as required by § 6.1-21 or that are secured pursuant to Title 12, § 92a of the United States Code by securities of the classes prescribed by § 6.1-21. No qualified public depository shall accept or retain any public deposit that is required to be secured unless it has deposited eligible collateral equal to its required collateral with some proper depository pursuant to this chapter. (1973, c. 172, § 2.1-362; 2001, c. 844.) § 2.2-4403. Procedure for payment of losses where depository is bank. When the Treasury Board is advised by any treasurer or otherwise determines that a default or insolvency has occurred with regard to a qualified public depository that is a bank, it shall as promptly as practicable make payment to the proper treasurer of all funds subject to such default or insolvency, pursuant to the following procedures: 1. The Treasury Board and the treasurer shall ascertain the amount of public funds on deposit with the qualified public depository in default or insolvent that are secured pursuant to this chapter, either with the cooperation of the Commissioner of Financial Institutions or receiver appointed for such depository or by any other means available, and the amount of deposit insurance applicable to such deposits. 2. The amount of such public deposits ascertained as provided in subdivision 1, net of applicable deposit insurance, shall be assessed by the Treasury Board first against the depository in default or insolvent to the extent of the full realizable current market value of the collateral deposited by it to secure its public deposits, and second, to the extent that such collateral is insufficient to satisfy the liability of the depository upon its deposits secured pursuant to this chapter against each of the other qualified public depositories according to the ratio that the average daily balance for each month of the secured public deposits held by the depository during the twelve calendar months immediately preceding the date of the default or insolvency with respect to which the assessment is made bears to the total average daily balance for each month of all secured public deposits held by all qualified public depositories that are banks, other than the defaulting depository, during those twelve calendar months. 3. Assessments made by the Treasury Board shall be payable on the second business day following demand; and in case of the failure of any qualified public depository to pay such assessment when due, the State Treasurer shall promptly take possession of the eligible collateral deposited with him or with the Federal Reserve Bank of Richmond or other bank or trust company pursuant to this chapter and liquidate the same to the extent necessary to pay such assessment and turn over such amounts received to the Treasury Board. 4. Upon receipt of such assessment, payments or the proceeds of the eligible collateral liquidated to pay such assessments from the State Treasurer, the Treasury Board shall reimburse the public depositors to the extent of the depository's deposit liability to them, net of any applicable deposit insurance. (1973, c. 172, § 2.1-363; 1978, c. 14; 1984, c. 135; 2001, c. 844.) § 2.2-4404. Procedure for payment of losses where depository is savings bank or savings and loan association. When the Treasury Board is advised by any treasurer or otherwise determines that a default or insolvency has occurred with regard to a qualified public depository that is a savings bank ar a savings and loan association, it shall as promptly as practicable make payment to the proper treasurer of all funds subject to such default or insolvency, pursuant to the following procedures: 1. The Treasury Board and the treasurer shall ascertain the amount of public funds on deposit with the qualified public depository in default or insolvent that are secured pursuant to this chapter, either with the 17 cooperation of the Commissioner of Financial Institutions or receiver appointed for such depository or by any other means available, and the amount of deposit insurance applicable to such deposits. 2. The amount of such public deposits ascertained as provided in subdivision 1 net of applicable deposit insurance, shall be assessed by the Treasury Board against the depository in default or insolvent. The State Treasurer shall promptly take possession of such of the eligible collateral deposited by such depository with him, or with any other depository pursuant to this chapter, as is necessary to satisfy the assessment of the Treasury Board and shall liquidate the same and turn over the proceeds thereof to the Treasury Board. 3. Upon receipt from the State Treasurer of the payments or proceeds of the eligible collateral liquidated to pay such assessments from the State Treasurer, the Treasury Board shall reimburse the public depositors to the extent of the depository's deposit liability to them, net of any applicable deposit insurance. (1984, c. 135, § 2.1-363.1; 2001, c. 844.) § 2.2-4405. Powers of Treasury Board relating to the administration of this chapter. The Treasury Board shall have power to: 1. Make and enforce regulations necessary and proper to the full and complete performance of its functions under this chapter; 2. Prescribe regulations fixing terms and conditions consistent with this chapter under which public deposits may be received and held; 3. Require such additional collateral, in excess of the required collateral of any qualified public depository, of any and all such depositories as it may determine prudent under the circumstances; 4. Determine what securities shall be acceptable as eligible collateral, and to fix the percentage of face value or market value of such securities that can be used to secure public deposits; 5. Require any qualified public depository to furnish such information concerning its public deposits; and 6. Deternune when a default or insolvency has occurred and to take such action as it may deem advisable for the protection, collection, compromise or settlement of any claim arising in case of default or insolvency. (1973, c. 172, § 2.1-364; 2001, c. 844.) § 2.2-4406. Subrogation of Treasury Board to depositor's rights; payment of sums received from distribution of assets. Upon payment in full to any public depositor, the Treasury Board shall be subrogated to all of such depositor's rights, title and interest against the depository in default or insolvent and shall share in any distribution of its assets ratably with other depositors. Any sums received from any such distribution shall be paid to the other qualified public depositories against which assessments were made, in proportion to such assessments, net of any proper expense of the Treasury Board in enforcing any such claim. (1973, c. 172, § 2.1-365; 2001, c. 844.) § 2.2-4407. Deposit of public funds in qualified public depository mandatory. No public deposit that is required to be secured pursuant to this chapter shall be made except in a qualified public depository. (1973, c. 172, § 2.1-366; 2001, c. 844.) § 2.2-4408. Authority to deposit public funds. A. All treasurers and public depositors are hereby authorized to deposit funds under their control in qualified public depositories securing public deposits pursuant to this chapter. B. Local officials handling public funds in the Commonwealth may not require from a depository institution any pledge of collateral for their deposits in such institution which is in excess of the requirements of this chapter. (1973, c. 172, § 2.1-367; 1980, c. 538, § 2.1-234.5; 1998, cc. 20, 21; 2001, c. 844.) 18 § 2.2-4409. Authority to secure public deposits; acceptance of liabilities and duties by public depositories. All institutions located in the Commonwealth that are pernutted to hold and receive public deposits are hereby authorized to secure such deposits in accordance with this chapter. Any institution accepting a public deposit that is required to be secured pursuant to this chapter shall be deemed to have accepted the liabilities and duties imposed upon it pursuant to this chapter with respect to the deposit. (1973, c. 172, § 2.1-368; 2001, c. 844.) § 2.2-4410. Liability of treasurers or public depositors. When deposits are made in accordance with this chapter no treasurer or public depositor shall be liable for any loss thereof resulting from the failure or default of any depository in the absence of negligence, malfeasance, misfeasance, or nonfeasance on his part or on the part of his assistants or employees. (1973, c. 172, § 2.1-370; 2001, c. 844.) § 2.2-4411. Reports of public depositories. Within ten days after the end of each calendar month or when requested by the Treasury Board each qualified public depository shall submit to the Treasury Board a written report, under oath, indicating (i) the total amount of public deposits held by it at the close of business on the last banking day in the month, (ii) the average daily balance for the month of all secured public deposits held by it during the month, (iii) a detailed schedule of pledged collateral at its current asset value for purposes of collateral at the close of business on the last banking day in the month, and (iv) any other information with respect to its secured public deposits that may be required by the Treasury Board. Each qualified public depository shall also furnish at the same time to each public depositor for which it holds deposits and that makes a written request therefore a schedule of the secured public deposits to the credit of such depositor as of the close of business on the last banking day in the month and the total amount of all secured public deposits held by it upon such date. (1973, c. 172, § 2.1-369; 1979, c. 154; 2001, c. 844.) 19 APPENDIX B BROKER/DEALER QUESTIONAIRE AND CERTIFICATION 20 Broker/Dealer Questionnaire Section I: The City of Virginia Beach (hereinafter referred to as the "City") is a government operating under the laws of the Commonwealth of Virginia. The City has adopted a written investment policy which regulates the standards and procedures used in its cash management activities. A copy of the Investment Policy is attached to this document. The City maintains relationships with qualified members of the broker/dealer community who, in its opinion, understand the needs, constraints, and goals of the City. Section II: 1. Name of Firm: 2. Address: 3. Telephone Number(s): 4. Contact Personnel: Name: Title: Name: Title: Name: Title: 5. Is your firm a member of FINRA? 6. Place an `x' by each regulatory agency that your firm is examined by and/or subject to its rules and regulations. FDIC SEC NYSE Comptroller of Currency Federal Reserve System 7. Have you obtained all required licenses to operate as a broker/dealer in the Commonwealth of Virginia? 8. To the best of your knowledge, have there been any `material' litigation, arbitration or regulatory proceedings, adjudicated or settled, that your firm has been subject to within the last five years that involved issues concerning the suitability of the sale or purchase of securities to intuitional clients or fraudulent or unfair practices related to the sale of securities to an institutional client? If so, please describe each such matter briefly. 9. Please provide certified audited fmancial statements for the past fiscal year. 21 Section III: I hereby certify that the above information is true and correct to the best of my knowledge, that I have read the referenced Investment Policy, that I agree to comply with the Investment Policy, and that I am authorized to execute this request for information on behalf of my firm. Name of Firm: By: _ Title: Date: 22 APPENDIX C Investment Guidelines for Bankers' Acceptances 23 City of Virginia Beach Investment Guidelines for Bankers' Acceptances The following terms and conditions shall apply to investment in bankers' acceptances: 1. Prime bankers' acceptances must be issued by domestic banks with a minimum long term debt rating of "AA" or foreign banks with a"AAA" ]ong term debt rating by a majority of the rating services that have rated the issuer. The short term debt rating must be at least "Al" or equivalent by all the rating services that rate the issuer (minimum of two ratings must be available). 2. Prime bankers' acceptances shall not exceed fifty percent (50%) of the total investment portfolio's book value on the date of acquisition. The amount invested in any one commercial bank pursuant to this paragraph cannot exceed fifteen percent (15%) of the book value of the portfolio on the date of acquisition or $15,000,000.00, whichever is less. Prime bankers' acceptances must be eligible for purchase by the Federal Reserve System as required by TCA 9-4-602(a)(1). A prime bankers' acceptance must have an original maturity of not more than two hundred seventy (270) days to be eligible for purchase and it must: a. Arise out of the current shipment of goods between countries or within the United States, ar b. Arise out of storage within the United States of goods under contract of sale or expected to move into the channel of trade within a reasonable time and that are secured throughout their life by a warehouse receipt or similar document conveying title to the underlying goods. 24 APPENDIX D Investment Guidelines for Commercial Paper 25 City of Virginia Beach Investment Guidelines for Commercial Paper The following terms and conditions shall apply to investment in commercial paper: 1. Prime commercial paper must have a maturity that does not exceed two hundred seventy (270) days. 2. Acquisition will be monitored to assure that no more than five percent (5%) of the portfolio book value at the date of acquisition, or $15,000,000, whichever is less, shall be invested in prime commercial paper of a single issuing corporation. The total holdings of an issuer's paper should not represent more than 5% of the issuing corporation's total outstanding commercial paper. 3. Purchases of prime commercial paper shall not exceed thiriy-five percent (35%) of the portfolio book value at the date of acquisition. 4. Purchases must be limited to corporations that meet the following criteria: a. "Prime quality" is commercial paper that shall be rated by at least two of the following: Moody's Investars Services, Inc., within its NCO/Moody's rating of prime 1; Standard and Poor's Inc., within its rating of A-1; Fitch Investors Services, Inc., within its rating of F-1; Duff and Phelps, Inc., within its rating of D-1, or by their corporate successors. If the corporation has senior long term debt, it must have a minimum rating of "A" or the equivalent rating by at least two of the above listed rating services. b. The commercial paper rating must be based on the merits of the issuer or guarantee/agreement of a non-bank corporation, and not be backed by a letter of credit or insurance from a third pariy. c. Financial information should be obtained for reference on all corporations issuing commercial paper owned by the City of Virginia Beach. Issues may be acquired from authorized broker/dealers or directly from an eligible issuer. Prune commercial paper of depository institutions or of a holding company thereof shall not be held as part of the city's investment portfolio. Investments in banks should be as a depositor rather than as a creditor. Other fmance company commercial paper is eligible for investment pursuant to the credit guidelines previously described. 26 APPENDIX E Government Finance Officers' Association Recommended Practices Pertaining to Cash Management and Investment Activities 27 GOVERNMENT FINANCE OFFICERS ASSOCIATION RECOMMENDED PRACTICES • Governmental Relationships with Securities Dealers • Establishing a Policy for Repurchase Agreements • Adopting Policies for the Frequency of Purchased Securities Valuation in Repurchase Agreements • Collateralizing Public Deposits • Using Mutual Funds for Cash Management Purposes • Selection and On-Going Review of Investment Advisors for Non-pension Fund Investment Porfolios • Use of Derivatives and Structured Investments by State and Local Governments for Non-Pension Fund Investment Portfolios • Mark-to-Market Practices for State and Local Government Investment Portfolios and Investment Pools • Securities Lending Programs for Non-Pension Fund • Using Commercial Paper in Investment Portfolios • Diversification of Investments in a Portfolio • Managing Market Risk in Investment Portfolios • Use of Local Government Investment Pools (LGIPs) • Using Safekeeping and Third-Party Custodian Services 28 Government Finance Officers Association Recommended Practice Government Relationships with Securities Dealers (1986, 1988, 2003, 2006, and 2012) Back2round. Finance officers, treasurers and investment officers (hereafter referred to as government investors) who manage and invest public funds place billions of dollars in the fixed-income and money markets on a daily basis. They have a fiduciary responsibility to protect public funds, to always act in the best interest of their entity, to maintain safety and an appropriate level of liquidity and to attain a competitive return on their portfolio. Generally, access to the securities markets is made through securities dealers who are registered broker/dealers and through financial institutions (banks) with broker/dealer subsidiaries. The fiduciary responsibilities of a government investor include ensuring that: • reasonable comparisons are made to judge the appropriateness of all investments; • securities meet the criteria established in the investment policy, including liquidity, diversity and risk of investments; • security transactions are made on a best execution basis through a competitive process; • the counterparty to the transaction will fulfill all of its obligations; and, • the securities are properly safe-kept at a qualified custodial agent in a segregated account. It is important to note that brokers/firms may have unique strengths that may provide exceptional value within a specific category of investments, provided that you understand the security that you are purchasing, it dovetails with your investment policy, and you are aware of the risks associated with the transaction. A unique strength may compliment the skills and abilities of other approved brokers/firms. Communication with broker/dealers for the purposes of discussing market conditions, reviewing investment strategies and transacting a trade often occurs by phone, e-mail, or fax. Regardless of the method of communicating with a broker, a government investor needs to perform due diligence on all securities dealers prior to adding them to their list of approved brokers/dealers for transacting trades. Recommendation. The Government Finance Officers Association (GFOA) makes the following specific recommendations to government investors in selecting securities dealers for their approved vendor list, managing the relationships with the broker/dealers, and conducting investment transactions with them: 1. All securities are held in a third party bank separate from the broker/dealer that is transacting business. 2. Use a defined internal process to select, qualify, renew, or terminate brokers and dealers. a. Use a questionnaire, conduct an interview, and/or conduct peer references to help determine that the broker understands the public entity's needs/objectives. b. Determine that the broker is actively involved in the market sectors utilized by the government entity. c. Select a number of brokers suitable to the entity, allowing for appropriate competition/service on all transactions, while limiting it to a manageable number. d. Require security brokers and dealers to comply with the Federal Reserve Bank of New York's capital adequacy guidelines or SEC Net Capital Rule as a condition of doing business. Obtain annual financial reports of the securities firm. e. Require that brokers provide written acknowledgement or certification of their review and understanding of the govemment entity's investment policy to assure compliance with its objectives, portfolio risk constraints, and investment trading requirements. f. Record and retain pertinent information on the firm and the individual broker including an annual review of the Central Registration Depository (CRD(M) information for both maintained by the Financial Industry Regulation Authority (FINRA). Violations or sanctions imposed by a regulatory agency or government should be carefully reviewed for termination of relationship. g. Establish parameters that guide periodic review and potential termination of a broker dealer relationshin. h. Do not select or approve more broker/dealers than will be reasonably used. It is better to develop good 29 relationships with a small number of approved dealers than to have a long list of firms who transact little or no business with the investing entity. 3. Due diligence on broker/dealers should include obtaining information on: a. a security dealer's experience and knowledge of public funds investing; b. all contact information for the primary contact, backup and operations staff; c. a broker's manager and supervisor; d. the financial strength of the firm; e. areas of expertise and trading activity; f. registration with FINRA and any citations; g. the names and contact information for references similar to the entity; and h. potential conflicts of interest. 4. Establish a competitive procedure for attaining reasonable market rates on investment transactions: a. Require that all security sales be made through a competitive bid process. If possible, use a competitive offer process on purchases as well. b. Securities sold through a selling group at a set price (usually par) or available for specific bidding should be compared to comparable maturity securities as part of the competitive process to determine the best relativf, value. 5. Require that all security transactions be settled on a delivery versus payment basis at the entity's custodian bank to perfect ownership under a written custodial agreement. 6. Retain complete transaction documentation for audit trail purposes including trade tickets, confirmations and safekeeping receipts. 7. Electronic trading platforms, such as Bloomberg and Tradeweb, are becoming another alternative to competitive pricing. These platforms can provide improved transparency over competitive bids and should be considered if cost effective for the government. It is still important to have a broker assigned to the account on the electronic platforms so that contact can be made if necessary. The same due diligence should be completed with all broker dealers on the electronic platforms. 8. Follow all state and entity ethics policies when dealing with all broker/dealers and investment vendors. References Introduction to Broker-Dealers for State and Local Governments, Second Edition, Sofia Anastopoulos, GFOA, 2008. Investing Public Funds, Second Edition, Girard Miller with M. Corinne Larson and W. Paul Zorn, GFOA, 1998. Federal Reserve Bank of New York, www.frb.nv.gov, http://www.newyorkfed.org/markets/pridealers listing.html. WWW.FINRA.GOV; http•//www nasd com/web/idcpl,g?IdcService=SS GET PAGE&nodeId=370. Securities and Exchange Commission, www.sec.go_v, VI. Financial Responsibility of Broker Dealers, A. Net Capital Rule 150-1 (17 CFR 240.15c3-1) http://www sec gov/divisions/marketreg/bdauide.htm#VI. Approved by the GFOA's Executive Board, October, 2012. 30 Government Finance Officers Association Recommended Practice Establishing a Policy for Repurchase Agreements (2003, 2006, 2008 and 2010) (TIM) Back round. Where permitted by statute and investment policy, governmental entities often enter into Repurchase Agreements (repos) to invest funds on a short-term basis primarily to fund liquidity needs. Repos are contractual financial transactions in which an investor (e.g. governmental entity) purchases securities from a bank or dealer with a simultaneous contractual agreement by both parties to reverse the transaction at the same price (plus interest) at some mutually agreed-upon future date. The parties to the agreement (governmental entity and bank/dealer) are commonly referred to as counterparties. Repos are an integral part of an investment program of state and local governments and provide an alternative or supplement to local government investment pools, money market mutual funds and other money market instruments. However, like all investments, there are associated risks with repos, one in particular is the counterparty's credit risk. Such risk can be mitigated by the utilizing proper securitization practices. Common Types of Repos: Overnight Repo: refers to a repo that goes from one business day to the next business day. These repos have a negotiated fixed interest rate. Term Repo: refers to a repo agreement with a specified maturity of several days to several weeks. Term repos can be established for up to several years when the investment policy permits. The interest rate for the period is usually fixed. Open Repo: typically, has no maturity date, and renews daily until terminated by either one of the counterparties. The interest rate adjusts daily to the overnight rate and is averaged for the period of the repo. Flex Repo (flexible repurchase agreements): are often used for the reinvestment of bond proceeds used for capital projects. These repos are often for multi-year periods associated with a specific capital program. The flexible portion of the agreement permits multiple cash draw-downs to fund the expenditure requirement. Governments should ensure that these investments meet the liquidity requirements of the proj ect and adhere to any bond covenants. Tri-Party Repo: occurs when a custodian (a.k.a. the tri-party agent) participates as an intermediary between the two parties (investor and lender) of the repo. The custodian administers and ensures the transaction occurs simultaneously and that necessary safeguards are in place to protect the underlying securities during term of the repo. Benefits of Repos: Repos are safe when properly established and monitored; At times, provide higher yields than other money market alternatives; Provide diversification to other money market investments; and provides flexibility. Risks Associated with Renos: The repurchase agreement with an entity's counterparty is not properly established; The financial strength of the counterparties and value of the collateral are not properly monitored; The bank or dealer cannot buy securities back when repo is closed by governmental entity. The collateral for the repo is not liquid or easily marketable; and The value of the repo is not sufficient to cover the funds invested and interest earned. Mitigatiniz the Risk: 31 Execute a SIFMA Master Repurchase Agreement including additional provisions specific to the governmental agency that is signed by a duly authorized officer with each counteiparty; Establish financial strength criteria for counterparties and review financial statements at inception of relationship and at least annually. Some entities will limit counterparties to primary dealers; Allow only highly marketable, easily priced collateral priced at a minimum of 102% and monitoring their value at least weekly; and Have collateral settled delivery-versus-payment (DVP) at the entity's custodian or trustee for third-party safekeeping. Master Repurchase Agreement. A Master Repurchase Agreement is the contractual agreement a governmental entity enters into with a bank or counterparty. A form of the agreement, also known as a blanket agreement may be obtained from the website of the Securities Industry and Financial Markets Association (SIFMA) formerly known as The Bond Market Association (TBMA). However, governmental entities may wish to amend SIFMA's form of the Master Repurchase Agreement to suit the specificities of their respective transactions. A master repurchase agreement governs the repurchase transaction. An agreement should reflect the following characteristics: • Defines and provides detail as to the nature of the transaction; • Identifies the relationship of the parties to the agreement; • Establishes the parameters concerning the ownership and custody of the collateral securities for the term of the agreement; • May include right to substitute collateral during the term of the agreement; and • Provides for remedies in the event of default by either party. SIFMA has also published an optional substitution/terxnination provision to its Master Repurchase Agreement that allows the repo seller (bank or dealer) to retain effective control over the purchased securities, or the repo seller could elect to ternunate the transaction prior to maturity on short notice to the repo buyer (government entity). Securitization Provisions Safekeeping: In order to protect public funds, governmental entities should ensure proper securitization practices when utilizing repurchase agreements for investments. Safekeeping should be performed by an independent or third-party custodian. Duties of the custodian (direct or tri-party) should be outlined in a written safekeeping agreement. Collateral: The underlying security of a repurchase agreement is collateral. Collateral arrangements for repurchase agreements are short-term and liquid in nature. Typical collateral instruments are U.S. Treasuries (e.g. U.S. Treasury bills) and governmental agency securities (e.g. Farm Credit Banks, Home Loan Banks bonds). Governmental entities should be aware of the risk factors of the underlying collateral instrument for the repo and refer to their respective investment policies to verify if such collateral instruments are permissible to utilize for the repurchase transaction. The purchased securities (collateral) to collateralize the repurchase agreement should maintain a market value in excess of the value of the repurchase agreement (called margin, "haircut," or over securitization). Although governmental entities are not bound by the Financial Accounting Standards Board (FASB), FASB Statement No.140 affects the counterparties to repurchase transactions with governments. FASB Statement No. 140, "Accounting for Transfers and Servicing of Financial Assets and Extinguishment of Liabilities," generally provides that if the repo buyer (i.e., government entity) has the right to sell or substitute the securities, then the repo seller (i.e., bank or dealer) does not have the right to substitute the securities or ternunate the contract on short notice. The repo buyer will be obligated to record both the 32 securities, together with any obligation to return the securities. The repo seller will be required to reclassify the securities from a securities inventory or investment account to a securities collateral account on its balance sheet. Accordingly, the nature of the underlying repurchase agreement may change from a buy-sell transaction to a collateralized loan. This change of treating repurchase agreements as collateralized loans would make them illegal for local governments in many states. Recommendation. The Government Finance Officers Association (GFOA) recommends that state and local government finance officers develop policies and procedures to ensure the safety of repos. The following actions are recommended: Government entities and investment officers should exercise special caution in selecting and evaluating the creditworthiness of counterparties with whom they will conduct repurchase transactions and be able to identify the parties acting as principals to the transaction. Master repurchase agreements should be employed, subject to appropriate legal and technical review. Governments using the prototype agreement developed by SIFMA should include appropriate supplemental provisions regarding the types of securities, delivery, substitution, margin maintenance, margin amounts, seller representations, and governing law as contained in the GFOA-developed Considerations for Governments in Developing a Master Repurchase Agreement. Government entities' legal deparhnent should review SIFMA's optional substitution/termination provision in its master agreement to assure no loss has incuned (e.g. in event of a default). In jurisdictions where substitution of securities is permitted, a loss provision is provided that is intended to place the repo buyer in the same position it would have been had the repo seller not exercised the substitution/termination right. However, in jurisdictions where substitution is restricted, the effect of FASB Statement No.140 may be troublesome depending on the relationship established with the bank or dealer; the jurisdiction's position with respect to the change in accounting treatment of the transaction; and whether the government has the ability to avoid the restriction on substitution of purchased securities. Proper securitization practices are necessary to protect the public funds invested in repurchase agreements. Safekeeping duties should be performed by a third-party custodian in accordance with an executed agreement. The purchased securities (collateral) to collateralize the repurchase agreement should maintain a market value in excess of the value of the repurchase agreement (called margin, "haircut," or over securitization). Routine market valuing of the purchased securities during the term of the repurchase agreement should be a mandatory practice in order to ensure the purchased securities maintain sufficient market value to cover any default. A typical margin requirement for a short-term repo using US Treasuries or US agency securities as collateral is at least 102% and higher (typically 105%) for other securities. Consideration should be given to restricting the allowable securities that are used for collateral. Entities may prefer to only allow for security maturity and security types that are allowable for direct investment under their policy. If there is a default of the counterparty, the securities held as collateral of the repo will be owned by the entity, supporting the need to restrict the maturity and type of security to what is allowable under policy. References. "Do You Know Your Repurchase Agreements as Well as You Think?" GFOA's Treasury Management Newsletter, October 3, 2009, Volume 27, Number 10. An Introduction to Broker-Dealers for State and Local Governments, Second Edition, Sofia Anastopoulos, GFOA, 2008. "GFOA Best Practice, Securities Lending Programs" (1995, 2002, 2008). An Introduction to Collateralizing Public Deposits for State and Local Governments, Second Edition, M. Corinne Larson, GFOA, 2006. GFOA Best Practice, Frequency of Purchased Securities Valuation in Repurchase Agreements (1999, 2003, 2006, 2008). Investing Public Funds, Second Edition, Girard Miller with M. Corinne Larson and W. Paul Zorn, GFOA, 1998. "GFOA Best Practice, Securities Lending Programs" (1995, 2002, 2008). 33 Sample Custodial Trust Agreement, GFOA. FASB Statement 140, "Accounting for Transfers and Servicing of Financial Assets and Extinguishment of Liabilities," http://wvN7-w fasb or(r/pdflfas140 pdf. The Securities Industry and Financial Markets Association (SIFMA) http://www.sifma.orQ Approved by the GFOA's Executive Board, October 15, 2010. 34 Government Finance Officers Association Recommended PracticeAdopting Policies for the Frequency of Purchased Securities Valuation in Repurchase Agreements (1999, 2003, 2006, 2008 and 2010) (TIM) Back2round. A repurchase agreement (repo) is a transaction between a buyer/investor (e.g. government entity) and a seller/counterparty (e.g. bank or securities dealer) in which the counterpariy sells securities to the investor with a simultaneous agreement to buy the securities back from the investor on a future date. The securities are repurchased, or bought back, at the same price plus the interest earned at the repo rate for the period of the repo. U.S. Treasury Securities (Bills, Notes, Bonds) and Government Sponsored Enterprise (GSE) (e.g. Fannie Mae, Freddie Mac) securities are the most common securities sold for repos involving government entities. Terms for repos can be overnight (from one business day to the next business day), for a specified number of days (term repo) or as a continuing open contract (open repo) to be closed at the request of either party. Public funds have used repos since the 1970s. In September 1996, the Securities Industry and Financial Markets Association (SIFMA) formerly, The Bond Market Association, published a revised version of its Master Repurchase Agreement, which previously had been amended in 1987. The revised agreement includes modifications designed to reflect the expansion of the repo market, changes in the law and "market participants' experience in exercising liquidation and similar closeout rights in the context of counterparty insolvency." (SIFMA Guidance Notes and Supplemental Guidance Notes). In March of 2003, the Governmental Accounting Standards Board (GASB) published Statement No. 40, Deposit and Investment Risk Disclosures, an amendment to GASB Statement No. 3, Deposits with Financial Institutions, Investments (including Repurchase Agreements), and Reverse Repurchase Agreements which states that government entities should briefly describe policies regarding securitization and safekeeping for deposits and investments, including repos, that are related to the risks that must be disclosed under this Statement No.40. An important factor in managing the risk of default in repurchase transactions is the valuation of the purchased securities. For the term of the repo agreement, it is common practice for the counterparty to deliver purchased securities to the investor in a total value amount (market value plus accrued interest) that is equal to the investor's investment plus a margin percentage. The margin percentage, typically 102% for Treasury and GSE securities, protects the investar from a decline in the price of the purchased securities during the time the repo transaction is in effect. The value of the securities must be monitored frequently to insure the market value remains at least equal to the invested amount plus margin percentage in case of default of the counterparty. If the value of the purchased securities falls below the invested amount plus margin percentage, then the counterparty is required to deliver additional securities to the investor upon their request. The frequency of the valuation depends on several factors: • The maturity of the purchased securities, since longer maturities have greater price volatility; • The security types, since certain securities have greater price volatility; • Market volatility; and, • The margin percentage that is required by the investor; the lower the margin percentage, the more frequent the valuation of the purchased securities. Recommendation. Because the investar may need to liquidate the purchased securities in the secondary market in the event the counterparty defaults on the repurchase agreement transaction, the Government Finance Officers Association (GFOA) recommends that government entities establish a policy and procedure for monitoring the value of the purchased securities in a repo transaction to insure that it does not drop below the value of the repo investment plus any required margin percentage. For maximum protection, government entities should value the purchased securities in their repo transactions to their current market price on a daily basis. At a minimum, the purchased securities should be valued: • Weekly; 35 . Whenever there is a major increase in rates or market volatility is high; or, • Whenever a coupon and/or principal payment on the purchased securities is wired back to the counterparty. In order to facilitate the determination of market value, government entities should specify the acceptable securities for a repo transaction. Acceptable securities are those that have readily available pricing information from a reputable, independent pricing source. The independent source of pricing should not be a counterparty to the repo transaction and could include: • a broker or other fmancial institution that was not a counterparty to the transaction, • the custodial bank if the bank was not a counterparty to the transaction, • publicly available publications such as the Wall Street Journal, or • other pricing services for which a separate fee would be paid. When valuing securities, the purchased securities are valued using their current market price plus accrued interest to compute their total value. The total value is then compared to the repo value multiplied by any margin percentage. If the total value of the purchased securities is less than the repo value plus the margin percentage, then the investor/buyer should request sufficient additional securities on a same-day or next- day basis from the counterparty to bring the total value up to the proper level. Further discussion of repos and recommended safeguards is provided in the references listed below. Public investors should consult their investment policy as well as state law and local ordinances for any further restrictions or guidance on repurchase agreements and valuation of purchased securities. References • GFOA Best Practice, "Establishing a Policy for Repurchase Agreements," (2003, 2006, 2008 and 2010), GFOA Committee on Treasury and Investment Management • GFOA Advisory, "Bstablishing a Policy for Reverse Repurchase Agreements," (2003, 2006, 2008 and 2010), GFOA Committee on Treasury and Investment Management • Do You Know Your Repurchase Agreements as Well as You Think?" GFOA's Treasury Management Newsletter, October 3, 2009, Volume 27, Number 10. • Introduction to Broker-Dealers for State and Local Governments, Second Edition, Sofia Anastopoulos, GFOA, 2008. • An Introduction to Collateralizing Public Deposits for State and Local Governments, Second Edition, M. Corinne Larson, GFOA, 2006. • Considerations for Governments in Developing a Master Repurchase Agreement, Second Edition, GFOA Committee on Cash Management, 2001. • Investing Public Funds, Second Edition, Girard Miller with M. Corinne Larson and W. Paul Zorn, GFOA, 1998. • Master Repurchase Agreement, September 1996 The Securities Industry and Financial Markets Association (SIFMA), http://www.sifina.org • Governmental Accounting Standards Board (GASB), http://www.gasb.org Approved by the GFOA's Executive Board, February 24, 2006. 36 Government Finance Officers Association Recommended Practice Collateralizing Public Deposits (1984, 1987, 1993, 2000, 2007, 2010) (TIM) Backaround. The safety of public funds should be the foremost objective in public fund management. Collateralization of public deposits through the pledging of appropriate securities or other instruments (i.e. surety bonds or letters of credit) by depositories is an important safeguard for such deposits. The amount of pledged collateral is determined by a governmental entity's deposit level and the policy or legal required collateral margin. Some states have established programs for the pooling of collateral for deposit of public funds. Federal law imposes certain limitations on collateral agreements between financial institutions and public entities in order to secure governmental entity deposits. Under certain circumstances, as are discussed in recommendations below, the Federal Deposit Insurance Corporation (FDIC) may void an otherwise perfected security interest and leave the governmental depositor. with only the right to share with other cmditors in the pro rata distribution of the assets of a failed institution for the amount of deposits that exceed the FDIC coverage. Separate governmental "corparations" such as economic development corporations or water supply corporations, etc., do not fulfill the FDIC's definition of "public uniY'I and therefare even accurately completed collateral defmition may not be honored by the FDIC on a bankruptcy. Recommendation. The Government Finance Officers Association (GFOA) recommends the use of a written agreement with pledging requirements as protection for state or local government's deposits. GFOA encourages governmental entities to establish adequate and efficient administrative systems to monitor such pledged collateral, including state or locally administered collateral pledging or collateral pools. To accomplish these goals, GFOA recommends the following: 1. Governmental entities should implement programs of prudent risk control. Such programs could include a formal depository risk policy, credit analysis, and use of fully secured investments. In the absence of a state program for pooling collateral, public entities should establish and implement collateralization procedures, including procedures to monitor their collateral positions. Monitoring informs a public entity of undercollateralization, which may threaten the safety of an entity's deposits, and overcollateralization, which may increase the cost of banking services. Governmental entities howeuer can not and should not accept the liability for maintaining collateral levels which liability must fall to the financial institution. 2. Governmental entities/depositors should take all possible actions to comply with state and federal requirements in order to ensure that their security interests in collateral pledged to secure deposits are enforceable against the receiver of a failed financial institution. Federal law provides that a depositor's security agreement, which tends to diminish or defeat the interest of the FDIC in an asset acquired by it as receiver of an insured depository, shall not be valid against the FDIC unless the agreement: o is in writing; o was approved by the board of directors of the depository or its loan committee andz o has been, continuously, from the time of its execution, an official record of the depository institution.3 3. Governmental entities should have all pledged collateral held at an independent third-party institution outside the holding company of their bank, and evidenced by a written agreement in an effort to satisfy the Uniform Commercial Code (UCC) requirement for control. The UCC states that the depositor does not have a perfected interest in a security unless the depositor controls it. Control means that swaps, sales, and transfers cannot occur without the depositor's written approval. o The value of the pledged collateral should be marked to market monthly, or more frequently depending on the volatility of the collateral pledged. Some state statutes do dictate a minimum margin level for collateral based on deposit levels (e.g., Georgia and Minnesota statutes require 110 percent). If not, the margin levels should be at least 102 percent, depending on the liquidity and volatility of tne collateral pledged. Siate statutes also govern whether minimum margin levels apply to principal only ar to accrued interest 37 as well. On a sale, accrued interest would be received. Governmental entities should review applicable state statutes and confirm compliance. o Substitutions of collateral should meet the requirements of the collateral agreement, be approved, by the entity in writing prior to release, and the collateral should not be released until the replacement collateral has been received. o The public entity should require reporting directly from the custodian. The custodian should warrant and be signatory to the agreement o Reporting by the third party institution should at a minimum be monthly. 4. The pledge of collateral should comply with the investment policy or state statute, whichever is more restrictive. Governmental entities should know and understand securities pledged as collateral. 5. Governmental entities that use surety bonds in lieu of collateral should limit the insurers to those of the highest credit quality as determined by a nationally recognized insurance rating agency. A thorough review of the terms of the bond is required. 6. The governmental entity should thoroughly review the terms and conditions of any letters of credit, including those issued by a federal agency or government sponsored enterprise. 7. The governmental entity should establish and follow procedures for on-going review of collateral. Note: As a result of the court case North Arkansas Medical Center v. Barrett, 963 F.2d 780 (8th Cir. 1992), the FDIC issued a policy statement in March 1993 indicating that it would not seek to void a security interest of a federal, state, or local public unit solely because the security agreement did not comply with the contemporaneous execution requirement set forth in Section 13(e) of the Federal Deposit Insurance Act 12 U.S.C.1823(e). The policy statement was officially enacted by Section 317 of the Riegle Community Development and Regulatory Improvement Act of 1994 (Public Law 103-325). References: • GFOA Sample Security Agreement (long and short versions), www. f? oa.org, 2009. • GFOA Sample Custodial Trust Agreement, www.,2?foa.org, 2006. • An Introduction to Collateralizing Public Deposits for State and Local Governments, Second Edition, M. Corinne Larson, GFOA, 2006. • Investing Public Funds, Second Edition, Girard Miller with M. Corinne Larson and W. Paul Zorn, GFOA, 1998. • FDIC Act (12 U.S.C. 1811 et seq. and 12 C.F.R. Part 330330.15 Public Unit Accounts (www.FDIC.gov) Approved by the GFOA's Executive Board, October 23, 2007. 38 Government Finance Officers Association Recommended Practice Using Mutual Funds for Cash Management Purposes (2003, 2006 and 2012) (TIM) Backaround. State and local government cash managers may benefit from investing public monies through mutual funds. Mutual fiznds are SEGregulated 'mvestment instruments that pool and jointly invest of monies of multiple investors. Mutual funds are available for both fixed income and equity investments. Short-term liquid mutual funds that maintain a weighted average maturity of 60 days or less and have a stated aim to maintain investor shares with a constant one dollar ($1) Net Asset Value (NAV) are called money market mutual funds. While these funds seek to maintain a constant or stable NAV, this is not guaranteed. Investors of public monies should be aware of this. Other non-money market fixed income mutual funds generally have a longer-term weighted average maturity and have a fluctuating price or Net Asset Value. The Government Finance Officers Association (GFOA) has endorsed the use of money market mutual funds by public cash managers through the GFOA's model investment legislation for state and local governments. Portfolio safety, liquidity, diversification, and professional management are desirable features of these investment vehicles. The safety of assets, which is the foremost objective of public cash managers, may be impaired by market price risks associated with short-, intermediate-, and long-term bond funds. Recommendation. The GFOA recommends that state and local governments restrict their use of mutual funds for cash management purposes exclusively to money market mutual funds and short-term bond funds. Public cash managers should check applicable statutes to deternune if the use of money market mutual funds and/or short-term bond funds is permitted within their jurisdictions. Further, GFOA recommends that governments review and understand the fund's prospectus and statement of additional information to determine: • Portfolio composition; • Risk characteristics; • The duration and weighted average maturity of the mutual fund; • The reputation and experience of the investment company; • The performance history relative to appropriate benchmarks; • Total expense ratio; • Philosophy, strategies, and portfolio policies; • If the fund is rated by a nationally recognized rating agency; and • Whether the fund can meet the compliance requirements of the government's approved investment policy, for example, minimum ratings, maximum sector allocations, or specific criteria such as social investing. Cash managers should continue to monitor these characteristics as they may change over time. Further, during extremely low interest rate environments, mutual fund expenses may exceed yield. While fees are included in all mutual funds, these fees should be considered when investing in longer terrn mutual funds. Investors should assess the likelihood that the net yield (gross yield minus expenses) will be greater than zero--in some cases it may be more beneficial to own the underlying securities directly. GFOA recommends that governments consider money market mutual funds that are invested in Treasury, federal government agency, ar first tier categories and possess the highest ratings available from at least one nationally recognized rating agency. Short-term bond funds should receive the highest credit quality ratings and the lowest risk ratings available. State and local government cash managers should exercise prudence and caution when investing in short-term bond fiznds. Bond funds investing in short- and intermediate-term instruments, with a varying NAV, may be legal and 39 appropriate investments in some jurisdictions when monies are not needed for near-term disbursement. However, mutual funds of an intermediate or long-term duration should be avoided by investors of short-term funds needed for liquidity purposes. As further precautions, investors should, at least quarterly, review the specific holdings of their mutual fund to know what the funds own. Prime money market funds that are AAA rated and hold A1+ paper may have foreign debt exposure that is not obvious. Also, all money market funds are required to disclose NAV monthly. Investors should at least quarterly review the NAV, which should remain close to $1.00. If the NAV varies below $0.995 (known as "breaking the buck"), investors should take appropriate action. This could include withdrawing all or part of the entity's shares in the fund. References • GFOA Best Practice, "Manatring Market Risk in Investment Portfolios," 2007 and 2009. • An Inti•oduction to Investment Advisers for State and Local Governments, Second Edition, Sofia Anastopoulos, GFOA, 2007. • A Public Investor's Guide to Money Market Insb uments, Second Edition, edited by M. Corinne Larson, GFOA, 1994. • Investing Public Funds, Second Edition, Girard Miller with M. Corinne Larson and W. Paul Zorn, GFOA, 1998. Approved by the GFOA's Executive Board, January, 2012. 40 Government Finance Officers Association Recommended Practice Selection and On-Going Review of Investment Advisors for Non-Pension Fund Investment Portfolios (2003, 2007, and 2009) (TIM) Background. Many governments engage investment advisers for assistance in managing their non-pension fund investment portfolios. State and local government treasury and investment managers augment their investment programs by retaining investment advisers to perfonn various portfolio services, ranging from advice-only consultation to full discretionary management. In engaging an investment adviser, a government may benefit from professional portfolio management, risk management, potential audit savings, and continuity in the investment function, among other benefits. Most of these engagements have been positive. However, there have been some instances of inappropriate investment activities. The problems and reported losses have often resulted from governments hiring an adviser before they have clearly defined their needs, performed sufficient due diligence, and established proper controls and ongoing oversight. It is important for governments to take a careful and informed approach in the selection and use of investment advisers. When hiring an investment adviser, the government must determine the level of authority to grant the adviser. Advisory services will differ in the level of authority the government grants the adviser and the corresponding level of involvement the government retains in the investment process. Under a non-discretionary agreement, the adviser must obtain approval before executing any trade. All activity must comply with the guidelines of a government's investment policy, investment objectives, governing laws, and written or oral instructions. With a non-discretionary agreement the government is directly involved in investment transactions, whether to establish a comfort level with external management or the adviser, to learn from the adviser, or for some other reason. Under a discretionary agreement, the adviser can execute trades for the government without prior approval on each transaction. The adviser foliows the same guidelines and restrictions as a non-discretionary adviser. With a discretionary agreement the government is less involved in the investment transactions, thus enabling staff resources to be directed to other duties, giving the adviser the ability to execute investment strategies more quickly, and allowing the govemment to hold the adviser totally responsible far the performance in the portfolia Under either agreement type, the government maintains control of its investment program by establishing the guidelines and policies to which the adviser must adhere. Recommendation. The Government Finance Officers Association (GFOA) recommends that state and local governments exercise caution and prudence in their selection of investment advisers. Because fiduciary responsibility for the safety and liquidity of government funds cannot be delegated to an investment adviser, the implementation of a safe and effective investment program must be carefully coordinated with the adviser. The GFOA urges state and local governments that are considering retaining an investment adviser to define and control the procurement process and assure periodic reviews of investment advisory services. Adhering to defined due diligence in selecting a qualified investment adviser and establishing proper controls will help a government achieve its objectives for hiring an adviser while protecting its funds and reducing risk to its reputation. Within the scope of Securities and Exchange Commission (SEC) regulations, state and local laws, and any other requirements, relationships with investment advisers should address the following: • Identification of adviser responsibilities. Responsibilities of the investment adviser should be identified before the selection process. During the process ihese shouid ne cleariy defineci and communicated. 41 • Impartial procurement. The responsible government official or the governing board should appoint a consultant and/or internal review committee to conduct the search process. Such staff, consultant, andlor review committee members should be independent of any interest in or relationship with any investment advisory firm. The procurement process should be competitive and merit-based. • On-going review. Investment advisory services should be reviewed on an on-going basis. The on- going review, monitoring and evaluation of the investment adviser are as important as the due diligence undertaken during the initial selection process. The responsible government official or the governing board and/or review committee should determine the scope and frequency of such review process. Criteria - The responsible government official or the governing board and/or review committee should determine the criteria to be used in the selection process. Identifying relevant criteria upfront promotes transparency in the selection process. Assigning weightings to these criteria can create a workable method to rank or quantify the importance of each. Criteria should include: • the investment adviser's understanding of the government's investment program, objectives and constraints • the investment adviser's background, including the experience, resources, and qualifications of the firm in general, that of the individuals assigned to handle the government's account, and the firm's experience in managing state and local government operating funds • the investment adviser's recommended approach to management of the portfolio: Is this approach • appropriate for the government? • fees and fee basis Risk Control - As part of the procurement process and prior to a final decision on the investment adviser, the government entity should have made decisions regarding its risk tolerance and developed corresponding risk control requirements, including: • the level of discretion afforded the investment adviser • prohibitions against self-dealing for trade execution • competitive trade execution • trade confirmations • delivery versus payment trade settlement • independent third-party custody of securities (no investment adviser custody) • timely reconciliations of trade confirmations and custodial statements • monthly reporting that complies with industry standards and local requirements • ongoing compliance reviews • allowance for independent audits Selection Process - Once the government defines the services it seeks to obtain and the criteria it will use to make its selection, a Request for Proposal (RFP) is useful to gather information for the decision-making process. Information that might be part of the RFP include: • SEC licenses • quantitative information (e.g., financial stability and performance review) • organizational structure of firm including any business affiliations • experience and depth of personnel in firm, including turnover and single versus team management • reporting standards (Global Investment Performance Standards or GIPS) • firm-specific investment philosophy and portfolio management strategies • trading process 42 • interviews with finalists • understanding of current or historic regulatory censure or litigation The sources for potential candidates may include: • references from other governments • consultants' database(s) on investment advisory firms • association databases • industry reports and articles • marketing materials Final decisions will require an objective compilation and analysis of the results of the RFP. Most importantly, the investment adviser and the services offered must match the needs of the particular government entity. Advisory AgYeement - A well-constructed agreement containing specific instructions concerning objectives and risk parameters, allowable investment instruments and strategies, and required reporting procedures is critical to a successful outcome. After a recommendation regarding the selection of an investment adviser has been made, the contractual agreement should include: • scope of services • appointment of the investment adviser and fiduciary responsibilities • establishment of account responsibilities • definition of accounts and custody • definition of discretionary or non-discretionary services with appropriate limitations • defmition of standards (Prudent Expert) • establishment of objectives, restrictions and benchmarks • definition and processing of transaction procedures in accordance with policy including brokerage limitations • representations by entity and investment adviser • determination of reasonable liability insurance for errors and omissions • establishment of invoicing and payment • procedure for termination by either party • specifications related to nondiscrimination in contracting and ethics rules • certification of the government's policy by the investment adviser • all provisions of the RFP as part of the contract References. • Investing Public Funds, Second Edition, Girard Miller with M. Corrine Larson and W. Paul Zorn, GFOA, 1998. • An Inti-oduction to Investment Advisers for State and Local Governments, Sofia Anastopoulos, GFOA 2007. This publication includes a sample Request for Proposal (RFP) for investment advisory services and a sample investment advisory agreement. • An Elected Official's Guide: Investing, second edition, Sofia Anastopoulos, GFOA, 2007. • GFOA Sample Request for Proposal for Investment Advisory Services, GFOA, 2007. Approved by the GFOA's Executive Board, October, 2009. 43 Government Finance Officers Association Recommended Practice Use of Derivatives and Structured Investments by State and Locai Governments for Non- Pension Fund Investment Portfolios (1994, 2002, and 2010) (TIM) Background. A derivative product is a financial instrument created from, or the value of which depends on (is derived from), the value of one or more underlying assets or indices of asset values. Derivatives may include forwards, futures, options, swaps (currency and interest rate), caps, floors, collars and rate locks. Structured investments are financial instruments that are created (structured) through pooling or redistributing assets, tranching liabilities (backed by pools of assets) and/or separating the credit risk of the collateral assets from the originating entity. Examples of such instruments commonly used by governmental entities may include asset backed securities, mortgage backed securities, various collateralized obligations and credit derivatives among others. Advisorv. The Government Finance Officers Association (GFOA) advises state and local government finance officers to exercise extreme caution in the use of derivatives and structured finance products. Governmental entities must learn about and understand the potential risks and rewards of derivative and structured products, before deciding if they should be used. Governments must understand fully the characteristics of these instruments and have the ability (internal staff and expertise) to determine the fair market price and be aware of the legal, accounting, credit and disclosure risks involved. Governments should consider the following factors in determining whether to use derivatives and structured investment products: 1. Legality. Governmental entities should understand that state and local laws may not specifically address use of these products. Factors to consider include: the constitutional and statutory authority of the governmental entity to execute derivative contracts or to buy structured finance products, the potential for violating constitutional or statutory provisions limiting the governmental entity's authority to incur debt resulting from the transaction, and the application of the governmental entity's procurement statutes specifically to derivative transactions. 2. Appropriateness. Governmental entities must observe the objectives of principal preservation, liquidity, and return within legally allowable investments. Judicious asset and liability management policies help achieve these objectives while managing risk. Characteristics of some derivatives and structured investment products that may preclude their use and make them inappropriate include high price volatility, illiquid markets, valuation difficulties, insufficient market history, high degree of leverage, keen monitoring and modeling system requirements, and the need for a high degree of sophistication to manage risk. Governmental entities should be aware of all the risks associated with the use of derivatives and structured investment products, including credit, counterparty, market, prepayment, liquidity, settlement, custodial and operating risk. Regarding the difficulty in valuing derivatives and structured investment products, governmental entities should understand that there may be little or no pricing information or standardization for some derivatives and structured investment products. Competitive price comparisons are recommended before entering into a transaction. Even in cases of competitive pricing, because valuations of such products are based on highly sensitive models and not on actual markets, changes in the underlying assumptions may severely impact asset values. In addition to determining legality and appropriateness, governmental entities should analyze the materiaiity ot a transaction to determine if it might afrect a bonci or other credit-related rating of such entity. Rating agencies should be notified if required. 44 3. Procedures and Internal Controls. Govemmental entities should establish internal controls for use of derivatives and structured investment products to ensure that risks involved with these are adequately managed. Such procedures should include: • Creating an oversight board and establishing upfront criteria for use of derivatives and/or structured securities; • Comprehensive derivatives and structured securities policy (evidencing legal authority, listing authorized and prohibited types of derivatives and structured investments, identifying guidelines for counterparty selection, limiting maximum permissible amounts and specifying means of determining such maximums); • Review with ratings agency(ies) impact of derivatives use on governmental entity; • Written statement of purpose and objectives for derivative use, • Written procedures for monitoring of derivative instruments and structured investment products, including how often they will be priced and what pricing services will be used: • Periodic training for managers and access to technical resources to oversee derivative and structured investments: • Sufficiently detailed recordkeeping to allow governing bodies, auditors, and examiners to determine if the program is functioning in accordance with established objectives. Managers should report regularly on the use of derivatives to their governing body and appropriate disclosure should be made in official statements and other disclosure documents: • Reporting on derivative use in accordance with generally accepted accounting principles. Because of the complexity of these instruments, governments should consult with public accountants at an early point to determine if specialized reporting may be required: • Required documentation of stress testing and scenario analysis of derivatives and structured investment products. Every possible effort should be made to determine worst case scenarios when using derivatives or structured products, as well as likelihood or probability of these outcomes and the government's ability to weather them; and • Procedures for evaluation and review on a periodic basis. 4. Role of External Parties. Governmental entities should know if their broker-dealers are merely acting as an intermediaries or are taking a proprietary positions in derivatives or structured investment product transactions. Possible conflicts of interest should be taken into consideration before entering into a transaction. Governmental entities should exercise caution in the selection of broker-dealers or investment advisers. They should confirm that these vendors are knowledgeable about, understand and provide disclosure regarding the use of derivatives and structured investment products, including benefits and risks. Governmental entities are responsible for ensuring appropriate safeguards are in place when derivative or structured investment product transactions are conducted by a third party acting on behalf of the governmental entities. The GFOA reiterates the need for governments to exercise extreme caution when considering derivative products for their investment portfolio. It is important to emphasize that these instruments should not be used for speculation. Governmental entities must learn about and understand the risks and rewards of derivative and structured investment products in order to properly evaluate and manage. Governmental entities should consider the use of derivatives and structured investment products only when they have attained a sufficient understanding of the products and the expertise to manage them. Certain derivative products and structured investment products may not be appropriate for all governmental entities. Ultimately, it is the responsibility of each governmental entity to determine what constitutes a derivative and/or a structured investment, and what is allowable by statute and policy. 45 References. • A Public Investor's Guide to Money Market Instruments, Second Edition, edited by M. Corinne Larson, GFOA, 1994. • GFOA Best Practice: Use of Debt-Relafed Derivatives and Development of Derivatives Policy, 2010, GFOA's Committee on Governmental Debt Management. • GFOA Derivatives Checklist, 2010, GFOA's Committee on Governmental Debt Management. Approved by the GFOA's Executive Board, March 5, 2010. 46 Government Finance Officers Association Recommended Practice Mark-to-Market Reporting Practices for State and Local Government Investment Portfolios (1995, 2000, 2003, 2005, and 2008) (CASH) Background. Market risk is significant in public investment portfolios. Due to price volatility, valuing investments at their current price is necessary to provide a realistic measure of a portfolio's true liquidation value. Over time, reporting standards for state and local government investment portfolios have been enhanced so that investors, governing bodies, and the public remain informed of the cutrent market value of the portfolio. Regular disclosure of the value of a governmental entity's investments is an important step to furthering taxpayer and market confidence in state and local government investment practices. The Governmental Accounting Standards Board (GASB) has also recognized the need to report investments at fair value at fiscal year end. Government officials should be aware of state, local, accounting, and rating agency requirements regarding mark-to-market practices. Recommendation. The Government Finance Officers Association (GFOA) recommends that state and local government officials responsible for investment portfolio reporting determine the market value of all securities in the portfolio on at least a quarterly basis. These values should be obtained from a reputable and independent source and disclosed to the governing body or other oversight body at least quarterly in a written report. The independent source of pricing should not be one of the parties to the transaction being valued and could include: • a broker or other fmancial institution who was not a counterparty to the transaction, • the custodial bank if the bank was not a counterparty to the transaction, • publicly available publications such as the Wall Street Journal, or other pricing services for which a separate fee would be paid. It is recommended that the written report include the market value, book value, and unrealized gain or loss of the securities in the portfolio. If there is a significant event in the local or national economy that might affect the value of the portfolio, then a mid-term valuation of the portfolio should be conducted. Governments that employ a more active portfolio management style should consider more frequent marking to market and reporting. References An Elected Official's Guide to Investing, Sofia Anastopoulos, GFOA, 2007. Investment Procedures and Internal Controls Guidelines; Government Finance Officers Association; May, 2003. Investing Public Funds, Second Edition, Girard Miller with M. Corinne Larson and W. Paul Zom, GFOA, 1998. GASB Statement 31 and Implementation Guide, Accounting and Financial Reporting for Certain Investment and for External Investment Pools; March, 1997. Approved by the GFOA's Executive Board, February 22, 2008. 47 Government Finance Officers Association Recommended Practice Securities Lending Programs for Non-Pension Fund Portfolios (1995, 2002 and 2008) (CASH) Background. Where permitted by state statutes, governmental entities participate in securities lending programs as a way of earning incremental investment income on non-pension fund assets. In securities lending programs a governmental entity lends securities such as U.S. Treasury, agency, or government sponsored enterprise (GSE) securities, from its investment portfolio, in return for collateral. The collateral is often cash, which is then reinvested. A securities lending transaction has many of the same characteristics as a reverse repurchase transaction. In both, securities are lent to a counter party with the governmental entity receiving collateral to be reinvested. A major difference is that securities lending programs are ongoing whereas reverse repurchase transactions are typically one-time or non-recurring. Broker-dealers typically are the borrowers in securities lending programs. They use the borrowed securities primarily to cover fails (the non-delivery of securities expected to be delivered on a date certain) and short sales (the sale of securities not presently owned by the selTer in order to take advantage of an expected lower market price), and to execute arbitrage transactions. Accordingly, securities lending programs play an important role in maintaining orderly markets. The securities loaned are collateralized for the term of the loan and marked-to-market daily. Collateral may be cash or other securities, and is usually 102% or more. This over collateralization reduces the lender's exposure to the bonower. The lender retains the economic benefit of owning the securities including the coupons paid during the period the securities are loaned. Cash collateral usually has a borrowing rate less than the overnight money market funds rate. The difference between the borrowing rate and the reinvestment rate produces a net gain in interest income. The resulting income is subsequently split between the participants in the securities lending program. Because securities lending programs are not primary activities for most participants, governmental entities may depend on the expertise of a lending agent. Typically, the master trust, custodial and safekeeping banks or asset managers act as lending agents or intermediaries, facilitating securities lending programs for their customers. Typical Steps Typical steps are illustrated in the graphic that follow this recommended practice. 1. Governmental entity works through lending agent to lend securities 2. Broker-dealer bonows securities 3. Collateral (for securities loan) is delivered at predeternuned level 4. Simultaneous to receipt of the collateral, securities are delivered to the borrower 5. Cash collateral is reinvested 6. A negotiated portion of the cash collateral reinvestment interest is paid to the borrowing broker- dealer as a rebate, typically a market rate. In the case of cash collateral, the lending agent negotiates the interest rate on the collateral paid to the borrower of the securities, which is called the rebate rate. In the case of non cash or securities collateral, the lending agent negotiates a fee paid by the bonower. 7. The difference between what is earned on the cash collateral investment and the rebate rate is the gross spread. The lending agent retains a portion of the gross spread as its fee and credits the remainder to the owner of the securities as negotiated between the governmental entity as the lender and the lending agent 8. The governmental entity keeps the remaining reinvestment income 9. The value of the collateral is marked to market daily to ensure full collateralization 10. At the end, borrower returns securities to governmental entity via lending agent and simultaneously the lending agent returns collateral to borrower. Risks While securities lending programs are considered relatively low risk, there are risks. Lending Risks • Counterparty or Borrower (Broker-Dealer) Risk This is the risk the borrower will not return the securities borrowed at the end of the loan term. Borrowers must have high credit ratings from the rating agencies, and, more importantly, must meet certain other financial criteria as specified by the lending agent or the governmental entity in the securities lending agreement. A part of the 48 counterparty risk is that the broker dealer as bonower fails to provide additional collateral on a daily basis or as required • Concentration Risk. This risk is related to and amplifies borrower risk. • Collateral Risk. The lender (governmental entity) does not have enough collateral to cover the market value of borrowed securities. Reinvestment Risk • Interest Rate Risk is the risk that the yield on the invested collateral is less than the rebate paid to the borrower. • Maturity Risk is the risk that the maturity of the collateral investment differs from the maturity of the loaned securities (more than by a specified range). Operational RisL These risks generally involve problems with administrative or logistic issues of the program. These may include problems with settlement, corporate actions, dividends or interest, marking to market, monitoring, billings reporting. Typically, a lending agreement provides that counterparty (broker-dealer) credit risk, broker-dealer default risk, and collateral maintenance are risks undertaken by the lending agent. However, indemnification provisions vary. The government as the lender of the securities often determines what counter-party is acceptable, the size of the investment program, and the type of securities used, generally reflected in the split of the investment proeeeds. Risks typically borne by the lender or governmental entity include: lending agent credit risk, lending agent default risk, and collateral investment risk. Liquidity requirements are often accepted and guaranteed by the lending agent upon one day's notice, as substitution of the lending client in large lending programs is easily accomplished and essentially risk-less. Programs that require the client to undertake responsibility for managing the liquidity present greater risks and require that the client place limits on the amount of the portfolio which may be put on loan. The term of the securities on loan and the reinvestment of the proceeds must be carefully established by the client and strictly managed. Recommendation. While investment strategies that include securities lending programs are not inherently risky when employed judiciously with appropriate precautions and controls, the Government Finance Officers Association (GFOA) urges state and local government officials to exercise caution in their use of securities lending programs. Only governmental entities that have expertise and resources should engage in securities lending programs. Prior to participating in a securities lending program, government finance officers should: • Determine whether securities lending is permissible under state statute and the governmental entity's written investinent policy; • Exercise special caution in selecting and evaluating the creditworthiness of lending agents and counterparties to the securities lending program • Consider the lending agent's experience • Implement a written lending agreement subject to appropriate legal and technical review • Pay special attention to • indemnification provisions • the investment guidelines and terms of the lending, including the maturity of loans and the types of securities purchased • the liquidity provisions and risks • the frequency of marking the collateral to market • the agreement for the split of investment proceeds • Ensure independence of audit process. Avoid possible risk from number of parties involved (government, dealer, and custodian) by having signed contract and requiring proper reporting procedures. • Consider the resources required to monitor compliance with the agreement. References • Investing Public Funds, Second Edition, Girard Miller with M. Corinne Larson and W. Paul Zorn, GFOA, 1998 49 • GFOA Recommended Practice, Repurchase Agreements & Reverse Repurchase Agreements (2003 and 2006) • GFOA Recommended Practice, Presenting Securities Lending Ti-ansactions in Financial Statements (1998) Approved by the GFOA's Executive Board, October 17, 2008. 50 Government Finance Officers Association Recommended Practice Using Commercial Paper in Investment Portfolios (2001, 2007, and 2009) (TIM) Back2round. Commercial paper (CP) is a short-term, unsecured promissory note issued by corporations typically used as a source of working capital, receivables financing, and other short-term financing needs. CP has maturities ranging anywhere from 1 to 270 days. Because of the short maturity, federal law exempts CP from registration with the Securities and Exchange Commission. As an unsecured debt issued by companies, commercial paper carries default risk for investors as compared to U.S. Treasury or U.S. government agency or instrumentality debt. Originally the CP market was available as a funding source to only the highest credit quality entities. However, innovations such as liquidity programs, credit enhancements, and various special legal structures have made CP a viable financing alternative for entities with lower credit ratings. Accordingly, while investors traditionally relied on the financial strength of the issuing entity, increasingly investors must also evaluate the credit support backing an issue as well as the legal structure of the issuer. Different Structures of Commercial Paper In addition to traditional corporate issued commercial paper, there are other types of commercial paper as follows: Asset backed commercial paper - Asset backed commercial paper (ABCP) programs gained popularity partly as a response to the unsecured status of traditional commercial paper but also as a way for fmancial institutions to more efficiently fmance their receivables through off-balance sheet vehicles. With ABCP, certain assets such as credit card receivables or auto loans and their cash flows, support a specific CP issue. ABCP is usually sold through a conduit, a special purpose vehicle (SPV) established to facilitate the financing. There are different structures for such conduits. Some SPVs pool the assets of many entities from various industries. These multiseller ABCP programs issue CP backed by the cash flows from all the underlying assets. The goal of such multiseller Programs is to enjoy the diversification from multiple sellers of various industries. Single seller ABCP programs are backed by the assets of one entity, for example a corporation. Consequently, they lack the diversification of multi-seller programs. Historically, such ABCP may have had higher credit ratings than the seller company itself. However, such homogenous assets may pose concentration risk. Most ABCP programs are partially supported programs, in which the program sponsor or guarantor may legally be obligated to cover only a certain percentage of defaults of the underlying assets or cover limited liquidity requirements related to delinquencies of these underlying assets. There are several programs still in existence that are fully supported, in which the program sponsor is obligated to reimburse CP investors regardless of delinquencies or defaults except in the case of a bankruptcy of the program. Structured investment vehicles (SIVs) - A relatively newer structure that issues CP is the structured investment vehicle (SIV). SIV programs have evolved away from the traditional funding purpose of CP. Some SIVs take advantage of spread differentials in fixed income securities, earning interest rate arbitrage profits. SNs may invest in various asset categories, some of which are difficult to value because they do not trade on any active market. Lacking such a market, their value is based on models that are sensitive to a number of assumptions. Liquidiry Notes - In addition, other variations of CP have been introduced in the market in recent years, including extended liquidity notes (also called extendible or structured notes) in which the maturity of the notes may extend beyond their ariginal maturity date in the case of a default. Other Features of Commercial Paper Nationally recognized statistical rating organizations (NRSROs) routinely rate commercial paper issues and 51 regularly review the strength of the credit quality of the issue. In some instances, CP programs have been downgraded rapidly by the NRSROs. CP may be sold directly to investors by the issuing company (direct issued) or by the underwriting brokerage firm (dealer placed). Many governments invest in CP as a short-term investment for funds not immediately required, and to provide diversification and competitive rates of return. Typically, governments purchase CP with a buy and hold approach until maturity strategy. While a secondary market exists that can be utilized for sales prior to maturity, there have been periods of disruption due to either issuer-specific events or as a result of a broader market wide disruption. Changes affecting individual issues as well as the overall market conditions can take place so quickly that investors do not have the opportunity to sell the security. For these reasons, CP is generally less liquid than U.S. Treasury or U.S. government agency or instrumentality obligations. During market disruptions, investors face the scenario where issuers will be unable to issue new CP to refinance the maturing commerciai paper and the secondary market disappears. To mitigate this risk, CP is usually backed by bank lines of credit. State statutes vary as to the ability and limits of governments to purchase CP. Recommendation. The Government Finance Officers Association (GFOA) recommends that if a government chooses to use CP in its investment portfolio, it cautions government investors to: 1) verify whether commercial paper is allowed under state statute and their investment policy and 2) determine whether they have the expertise to understand, evaluate and monitor commercial paper before deciding to include commercial paper as part of a diversified investment portfolio. Government investors should regularly evaluate whether the incremental yield associated with commercial paper justifies the additional credit and liquidity risk associated with this type of security. Governments choosing to use CP should develop policies and procedures to manage the associated risks. Government investors should consider: • conducting their own ongoing financial reviews of commercial paper issuers, including periodically reviewing balance sheet information for issuers of traditional CP as well as reviewing monthly or quarterly pool reports for ABCP. • diversifying by issuer, industry sector or commercial paper type • placing limits on percentage of portfolio comprised of commercial paper • placing limits on percentage of commercial paper issued by any one issuer, industry, or type • restricting investments to shorter maturities that reflect the most active part of the commercial paper market and provide the least opportunity for credit quality changes • restricting investments in sectors or industries experiencing turmoil, volatility or changes such as maj or • regulatory or technological changes • recognizing different types of commercial paper, such as corporate promissory notes, asset-backed commercial paper (both multi-issuer and single-issuer programs), SIV issued ABCP (funding paper, or extendible paper) and determining the appropriateness of each for the government's portfolio • limiting to first tier short-term credit ratings by two NRSROs (for example, A-1, P-1, F-1 or better) • evaluating underlying liquidity support and credit enhancements such as bank lines of credit or insurance • maintaining information on each commercial paper issue in the portfolio • monitoring ratings and ratings outlook on a frequent basis • establishing a short pre-approved list of CP programs that investment staff is limited to purchasing, which is monitored frequently 52 References • Investing Public Funds, Second Edition, Girard Miller with M. Corinne Larson and W. Paul Zorn, GFOA, 1998. • Sample Investment Policy, GFOA, 2003. • An Elected Official's Guide: Investing, Second Edition, Sofia Anastopoulos, GFOA, 2007. • "Commercial Paper in Today's Credit Markets," Treasury Management, GFOA, December 2007. Approved by the GFOA's Executive Board, October, 2009. 53 Government Finance Officers Association Recommended Practice Diversification of Investments in a Portfolio (2002 and 2007) (CASH) Background. Government investors have a fiduciary responsibility to protect public funds and to prudently manage their investments in order to achieve the investment objectives of safety, liquidity, and return. Generally, greater risk in a portfolio increases the opportunity for higher returns. However, greater risk also increases the volatility of the returns, which is another definition of risk. The effective management of risk in a portfolio is critical for achieving an entity's investment objectives. A useful strategy for managing risk in a portfolio is through diversification. To this end, a government should establish a target risk profile. In establishing a risk profile, an entity considers its investment objectives and constraints, risk tolerances, liquidity requirements and the current risk/reward characteristics of the market. The profile should be adjusted as needed to changes in any of those considerations. Such a profile provides a framework and discipline for making individual investment decisions that manage the risk and create the structure of a portfolio. The government entity's risk profile, in turn, helps it determine appropriate levels of diversification. Diversification of investments in a portfolio is based on the different types of risk - primarily interest rate or market risk, liquidity risk and credit risk. Diversification is achieved by investing in a variety of securities with dissimilar risk characteristics that respond differently to changes in the market. Areas where diversification can be achieved include the maturity distribution in a portfolio (market and liquidity risk), sector allocation (credit risk), issuer allocation (credit risk), and the structures (noncallable vs. callable) of securities (market and liquidity risk). Recommendation. The Government Finance Officers Association (GFOA) recommends that state and local governments properly manage the risk in their portfolios to achieve their investment objectives and comply with their investment constraints. GFOA further recommends the use of diversification in a portfolio as an important strategy for managing risk. Diversification strategies can be implemented through the following steps: • carefully and clearly defining what the objectives safety, liquidity and return mean to the government entity • preparing a cash flow projection to determine liquidity needs and the level and distribution of risk that is appropriate for the portfolio • considering political climate, stakeholders' view toward risk, and risk tolerances • ensuring liquidity to meet ongoing obligations by investing a portion of the portfolio in readily available funds, such as Local Government Investment Pools (LGIPs), money market funds, or overnight repurchase agreements • establishing limits on positions in specific securities to protect against default risk • establishing limits on specific business sectors • developing strategies and guidelines for investments in single class of securities (such as commercial paper or bankers acceptances) • limiting investments in securities that have higher credit and/or market risks (such as derivatives) • limiting particular structures (i.e. optionality, amortizing components, coupons, issue sizes); • defining parameters for maturity/duration ranges • establishing a targeted risk profile for the portfolio based on investment objectives and constraints, risk tolerances, liquidity requirements and the current risk/reward characteristics of the market. References • GFOA Sample Investment Policy, 2003. • Investing Public Funds, Second Edition, Girard Miller with M. Corinne Larson and W. Paul Zorn, GFOA, 1998. • An Elected Official 's Guide to Investing, M. Corinne Larson, GFOA, 1996. Approved by the GFOA's Executive Board, March 2, 2007. 54 Government Finance Officers Association Recommended Practice Managing Market Risk in Investment Portfolios (2007 and 2009) (TIM) Background. Fixed-income securities are investment instruments that provide a stream of cash flows in the formof coupon and principal payrnents. Typically, they are issued with maturities ranging from one year to 30 years.A security's stated maturity is the date on which its fmal interest and principal payments are due. There areseveral general structures for fixed-income securities: • Bullet securities - the principal amount will be paid in one payment at maturity. They are issued without any option that could cause redemption prior to the stated maturity; • Securities with options - issued with either a call or put option that could change the stream of cashflows. Call options give the issuer the right to redeem bonds prior to maturity in accordance with the call schedule. Securities with call options have greater volatility than bullet securities. Issuers of callable securities typically call these when interest rates have fallen, causing investors to lose the higher interest rate in periods when such rates are hard to replace. Put options give the investor the right to submit a bond for redemption prior to maturity in accordance with the rules of the put. Buyers pay a premium for the put option. Typically, investors of putable securities "put" these when interest rates have risen, gaining the opporiunity to reinvest their principal at the then prevailing higher market rates; and • Amortizing securities - pay a portion of the principal with each interest payment throughout the life of the bond (e.g. - mortgage securities, asset-backed securities). They have a stated final maturity and an average maturity, and can also have early redemption options. Market risk refers to the effect that changing interest rates have on the present value of a fixed-income security, and can also be referred to as interest rate risk. There is an inverse relationship between interest rates and price. As interest rates rise, the value of a security falls. The reverse is true as interest rates fall. The extent of price change is a function of the length of term to maturity, the structure of the security (type of embedded options), the level of interest rates, and the size of the coupon. Of these factors, the most important are the length of term to maturity and the structure. Generally, the longer the maturity of a security, the greater its market risk as measured by price volatility. Longer maturities have greater volatility because as the time to maturity increases, each change in interest rates has a greater impact on the present value of a security. The size of a security's coupon also affects price volatility. When analyzing securities with the same maturity, securities with low coupons will have greater price volatility than securities with high coupons. The security with the greatest price volatility for any given maturity is a zero coupon security. Many government investors employ a buy-and-hold approach, so that changes in a security's market value are never realized and the full face value of the security is received upon maturity. Despite this, market value must be managed for three reasons: 1. The total return of the portfolio is computed and compared to the total return of the portfolio's benchmark to evaluate portfolio performance. 2. The market value of an entity's investments must be disclosed in its annual fmancial report. Often an entity will include it in more frequent reports to the governing body and public. Accordingly, an entity must be able to understand and explain changes in the market value of its portfolio. 3. C?rcumsta_n_ces may arise ?n which an enti±y is forced to sell a security beferP ;+_s maturity. In such instances, a government entity may have to accept a loss on a security that it had never planned to sell. Market risk is a critical risk for a government investor. Therefore, it is necessary to understand fully the 55 maturity structure of securities before investing. To ensure appropriate liquidity and to reduce interest rate risk in operating portfolios, most state and local governments: a. Limit the maximum maturity for securities they purchase; b. Ensure that funds are available for scheduled disbursement by developing cash flow projections and properly structuring the maturities in a portfolio according to the expected cash flows; c. Ensure that a reasonable liquidity buffer is maintained to meet unexpected disbursements; and d. Ensure that a security can be sold with ease and minimal cost (price disruption) to the investor by investing in high grade, actively traded fixed-income securities. Maximum maturity and weighted average maturity limits relate directly to an entity's statute and policy constraints, investment objectives and cash flow projections. Although setting maximum maturity constraints may help limit the market risk in a portfolio, it is not generally considered to be the most effective way for managing market risk and understanding the potential price volatility of either an individual security or an entire portfolio. MaYimum maturities allow the portfolio to take advantage of longer securities and the weighted average maturity protects against over-extension of the portfolio in those longer maturities. A widely used measure of market risk in the investment industry is modified duration. Durations can be obtained from professional market resources such as Bloomberg. For governments without access to these resources, broker-dealers may send documentation of the durations. Duration is more comprehensive and accurate in measuring market risk than the maturity of a security for two important reasons. First, duration takes into consideration all cash flows (interest and principal payments) of a fixed-income security using their present values. Maturity as a market risk measure only considers the principal payment of a security using its future value. Second, modified duration is a multiplier that measures the approximate percentage change in the value of a security or portfolio given a 1%(100 basis points) move in interest rates. For example, if a security has a modified duration of 1.74 and interest rates rose by 50 basis points, the security would experience approximately a-0.87% change in value. Formula and calculation: %change in market value =(-1)* x(modified duration) x(basis points change in yield/100) -o.s7°io = (-1)x (1.74) x (+501100) * multiplied by -1 because of inverse relationship between price and interest rates With this type of price volatility analysis, a government investor can deterniine more accurately the amount of market risk in a security or portfolio. Weighted average maturity and weighted average duration in a portfolio are calculated using the maturity and duration values of all the securities in a portfolia Weighted average maturity allows a government to verify compliance with investment constraints since most investment policies and state statutes have maximum weighted average maturity limitations. Weighted average duration is considered industry wide as an acceptable measure of market risk in a portfolio. As such, it can provide the government investor with valuable information for managing the market risk in a portfolio. The Governmental Accounting Standards Board (GASB) in GASB Statement No. 40 requires a disclosure of all risks associated with a government entity's portfolio, including market risk, including market rate or interest rate risk. Weighted average maturity and weighted average duration are two of five accepted methods for disclosing a portfolio's market risk. (A description of the other three is beyond the scope of this Best Practice.) In accordance with the GASB fair market value reporting requirements in GASB Statement No. 31, a government entity's portfolio could show unrealized losses or gains for any reporting period. 56 Recommendation. State and local governments should comply with state statutes pertaining to investing public funds along with all investment policy parameters. Fixed income investing involves a certain level of market risk. Investors should be aware of their risk tolerance and conf`irm that the market risk they assume is within this tolerance level. The Government Finance Officers Association (GFOA) makes the following recommendations to government investors with respect to managing market risk: 1. Develop and update cash flow projections to deternune: a) the dollar amount of the portfolio that needs to remain liquid (liquidity buffer) to meet disbursement obligations within a six-month period (shortterm), b) what dollar amount is required within the next 6- 12 month period, and c) whether there is a`core' of funds available for longer-term investing. 2. Structure the portfolio to provide sufficient liquidity for anticipated cash flow requirements by continuously investing a portion of the portfolio in money market type investments such as local government investment pools, money market mutual funds, overnight repurchase agreements and money market securities. 3. Understand fully the maturity structure of a security. Prior to purchase, the government should confirm compliance with its investment constraints and overall investment strategy. If a security has options associated with it such as call options, the structure of the option should be analyzed to determine its potential impact on market risk through an analysis such as option adjusted spread (OAS) analysis. The stated maturity date should always be used to determine compliance with maximum maturity constraints, not any potential call dates unless an official announcement of a call has been released. 4. Adopt weighted average maturity limitations and/or weighted average duration targets, consistent with the government's investment objectives, constraints, cash flow needs and risk tolerances. The weighted average maturity limitations is used to limit the liquidity and market risk in a portfolio consistent with the constraints in the governing state statutes and the investment policy. The weighted average duration targets can be used to manage market risk in a portfolio. 5. Do not directly invest in securities with maturities greater than the limits imposed by investment policy. In general, the maturities in a portfolio should coincide as nearly as practicable with the expected use of funds. Securities with maturities greater than five years should be matched to a specific cash requirement. The government should include in its investment policy a process for authorizing longer-term investments and for providing disclosures.. References. • Investing Public Funds, Second Edition, Girard Miller with M. Corinne Larson and W. Paul Zorn, GFOA, 1998. • GFOA Sample Investment Policy, 2003. • GASB Statement No. 31 and Statement No. 40, www.GASB.org Approved by the GFOA's Executive Board, October, 2009. 57 Government Finance Officers Association Recommended Practice Use of Local Government Investment Pools (LGIPs) (2007 and 2008) (CASH) Background. In many states, the state treasurer or the authorized governing board of another governmental entity (such as a county) oversees a pooled investment fund that operates like a money market mutual fund for the exclusive benefit of governments within the entity's jurisdiction. Unlike mutual funds, however, local government investment pools (LGIPs) are not registered with the Securities and Exchange Commission (SEC) and are exempt from SEC regulatory requirements because they fall under a governmental exclusion clause. While this exemption allows pools greater flexibility, it also reduces investor protection. Investments in these pools are not insured ar guaranteed and substantial losses have occurred in the past. These pools typically combine the cash of participating jurisdictions and invest the cash in securities allowed under the state's laws regarding government investments. By pooling funds, participating governments benefit from economies of scale, full-time portfolio management, diversification, and liquidity (especially in the case of pools that seek a constant net asset value of $1.00). Interest is normally allocated to the participants on a daily basis, proportionate to the size of the investment. Most pools offer a check writing or wire transfer feature that adds value as a cash management tool. Government Sponsored versus Joint Powers Agreement Pools Local government investment pools (LGIPs) may be authorized under state statutes and sponsored by the state or local governments, or may be set up through intergovernmental agreements known as "joint powers" agreements. In several states, local governments have joined together through joint powers agreements to sponsor the creation of LGIPs that operate independent of the state government. The investment authorization to pool funds is generally derived from state statutes that allow governments to perfonn collectively any service or administrative function that they may undertake individually. A board of trustees, normally made up of public officials, oversees these pools and typically selects a fmancial services firm to provide services such as the following: investment management, custodial services, participant record keeping, independent audits, and legal services. These pools may invest only in securities otherwise allowed to individual governments. Whether the LGIP is state-sponsored or created through a joint powers agreement, it is important to be aware that the authorizing entity typically does not guarantee investments in the LGIP. Not All Pools Are the Same Although there are many similarities between the various LGIPs, there are also differences. One significant difference among pools that must be understood before placing money in them is their investment objectives. When LGIPs were first created, most emulated money market mutual funds with the objective of maintaining a"constant" Net Asset Value (NAV) of $1.00 and providing excellent liquidity for the investor. Such LGIPs invest in short-term securities with average maturities sufficiently short to avoid market price risk. The "constant" NAV pools are appropriate investments for funds that must be liquid and have virtually no price volatility. There are also government investment pools that have an investment objective of maximizing return. These pools are variable Net Asset Value (NAV) pools and introduce market risk to the investor through a fluctuating NAV. They invest in longer-term securities, thus subjecting their portfolios and their participants to greater market price volatility. The principal invested in the pool may not be the same principal returned to the investor, depending on the movement of interest rates. While they may be appropriate for longer-term strategies, these pools would not be appropriate for funds that must be liquid and stable. Other differences among pools include legal structure, authorized investments, procedures for depositing and withdrawing money, and services provided to participants. Each pool has a process that a participant must complete, including documents to be signed and banking information to be provided, in order to establish an account. Sources of information for evaluating pools may include a pool offering statement, investment policy or audited financial statements. 58 Rated LGIPs Rating agencies rate constant dollar LGIPs using the same criteria that they use for rating money market mutual funds. These ratings are based on safety of principal and ability to maintain a NAV of $1. Fluctuating NAV pool ratings include a volatility factor. Pool ratings can provide an additional method of due diligence. Recommendation. The Government Finance Officers Association (GFOA) makes the following recommendations to governments that invest in or are considering investing in Local Government Investment Pools (LGIPs). Government investors should: 1. Confirm LGIPs are eligible investments under governing law and the government's investment policy. 2. Fully understand the investment objectives, legal structure and operating procedures of the investment pool before they place any money in the pool. When evaluating an LGIP, investors should read the pool's offering statement, investment policy, and audited financial statements carefully. 3. Pay particular attention to the investment objectives of a pool to determine whether the pool seeks to maintain a constant NAV of $1.00 or could have a fluctuating NAV. This information is essential in order to determine which pools are appropriate for liquidity strategies (constant NAV) and which ones are only appropriate for longer-term strategies (fluctuating NAV). 4. Review the pool's list of eligible securities to detennine compliance with the participating government's investment policy. Portfolio maturity restrictions and diversification policies should be evaluated to determine potential market and credit risks. 5. Evaluate portfolio pricing practices. 6. Review custodial policies (e.g., delivery versus payment). 7. Evaluate the qualifications and experience of the portfolio manager, management team andlor investment adviser. 8. Review the earnings performance history relative to other investment alternatives. On constant NAV LGIP funds, the current yield of the portfolio can be compared with competitive institutional money market funds, or overnight repurchase agreement rates. Standard & Poor's releases an index of LGIPs on a weekly basis that reports the average 7- and 30-day yields and average maturities of LGIPs holding its highest ratings (AAAm and AAm). Any pool with above-average yields or longer maturities should be further evaluated for risk. 9. Evaluate variable NAV LGIPs in relation to appropriate benchmarks. 10. Although ratings are not mandatory, seek LGIPs with the highest ratings, where possible. 11. Fully understand procedures for establishing an account, making deposits and withdrawals, and allocating interest earnings. There may be limits to the number of deposits and withdrawals in a month. There may also be dollar limits for deposits, withdrawals and balances. Deposits or withdrawals may require advanced notification, especially if they are large. If so, investors should be aware of the deadlines. 12. When selecting an LGIP, consider any additional services offered by an LGIP, such as: check writing, wire transfers, issuing paying agent services, setting up multiple accounts for an entity, and arbitrage accounting for bond funds. 13. Confirm that an LGIP provides regular, detailed reporting to pool participants and follows accepted reporting standards. GFOA recommends that pool administrators, on a daily basis, determine the market value of all securities in the pool and report this information to all pool participants on at least a monthly basis. These values should be obtained from a reputable and independent source. This information should be included in the report to the governing body prepared on at least a quarterly basis. 14. Be aware that an LGIP may be a part of a diversified portfolio but that a portfolio comprised solely of an LGIP may not provide the government entity with appropriate diversification. 59 References: • An Elected Officials Guide to Investing, 2nd Edition, Sofia Anastopoulos, GFOA, 2007 • GFOA Recommended Practice: Diversification of Investments in a Portfolio, 2007 • Investing Public Funds, Second Edition, Girard Miller with M. Corinne Larson and W. Paul Zorn, GFOA, 1998 • Standard & Poor's Guide to LGIPs Approved by the GFOA's Executive Board, October 17, 2008. 60 Government Finance Officers Association Recommended Practice Using Safekeeping and Third-Party Custodian Services (2010) (NEV4) Backlzround. The safety of public funds should be the primary objective of all governments. One of the most important protections and a control against fraud is the separation of the safekeeping and custody function from the investment function Investment policies should include a section regarding independent third-party safekeeping or custody of securities. By arranging to have securities held by a third party, governments can effectively minimize safekeeping or custodial risk in an investment transaction. In a third-party safekeeping agreement, the government arranges for a firm other than the party that sold the investment to provide for the transfer and safekeeping of the securities. Financial firms should not serve as both government broker-dealer and custodian. Safekeeping represents a financial institution's obligation to act on behalf of the owner under the owner's control. Custody is a more clearly defined control position by the agent responding to the owner's requirements. Custody normally does not take place in the governmental entities depository bank. Investments should be settled in a delivery-versus-payment (DVP) basis. In this procedure, the buyer's payment for securities is due at the time of delivery. Security delivery and payment occur simultaneously. This practice ensures that no funds are at risk in an investment transaction as funds are not released until securities are delivered, ensuring the governmental entity has either money or securities at all times during the transaction. Recommendations. The Government Finance Officers Association (GFOA) recommends that state and local governments utilize independent third-party custodians to safeguard their investments and protect against safekeeping/custodial risks. To accomplish this goal, the GFOA recommends that governmental entities: 1. competitively select third-party custodians and safekeeping agents 2. have safekeeping/custodial agreements reviewed by government legal counsel prior to execution 3. evidence their safekeeping or custodial relationship with a signed, written security agreement that is reviewed by counsel and establishes the firm as its agent 4. execute all investment transactions on a delivery-versus-payment basis 5. designate a specific DDA (demand deposit account) clearing account m conjunction with the safekeeping or custodial account 6. require that the independent third-party safekeeping agent or custodian mark the portfolio to market at least monthly. Ideally, marking should take place daily with independent pricing. 7. require reports and monthly statements to be received directly by the governmental entity from the agent. 8. ideally, have electronic access to the safekeeping or custody account for monitoring and reporting purposes, if cost effective. 9. require safekeeping or custodial agents to be insured for error and omissions. 10. require review of internal safekeeping and custodial procedures annually with the independent auditor. References. Investing Public Funds, Second Edition, Girard Miller with M. Corinne Larson and W. Paul Zorn, GFOA, 1998. GFOA Sample Custodial Trust Agreement, 2006, www.gfoa.org. An Introduction to Collateralizing Public Deposits for State and Local Governments, Second Edition, M. Corinne Larson, GFOA, 2006. GFOA Best Practice Collateralizing Public Deposits (1984, 1987, 1993, 2000, and 2007) GFOA Sample Security Agreement (long and short version) 2010. www.gfoa•org Approved by the GFOA's Executive Board, October 15, 2010. 61 APPENDIX F Various Code of Virginia Provisions Pertaining to Investment of Local Government Funds 62 § 2Z-4500. Legal investments for public sinking funds. The Commonwealth, all public officers, municipal corparations, other political subdivisions and all other public bodies of the Commonwealth may invest any sinking funds belonging to them or within their control in the following securities: 1. Bonds, notes and other evidences of indebtedness of the Commonwealth, and securities unconditionally guaranteed as to the payment of principal and interest by the Commonwealth. 2. Bonds, notes and other obligations of the United States, and securities unconditionally guaranteed as to the payment of principal and interest by the United States, or any agency thereof. The evidences of indebtedness enumerated by this subdivision may be held directly, or in the form of repurchase agreements collateralized by such debt securities, or in the form of securities of any open-end or closed-end management type investment company or investment trust registered under the Investment Company Act of 1940, provided that the portfolio of such investment company or investment trust is limited to such evidences of indebtedness, or repurchase agreements collateralized by such debt securities, or securities of other such investment companies or investment trusts whose portfolios are so restricted. 3. Bonds, notes and other evidences of indebtedness of any county, city, town, district, authority or other public body of the Commonwealth upon which there is no default; provided, that such bonds, notes and other evidences of indebtedness of any county, city, town, district, authority or other public body are either direct legal obligations of, or those unconditionally guaranteed as to the payment of principal and interest by the county, city, town, district, authority or other public body in question; and revenue bonds issued by agencies or authorities of the Commonwealth or its political subdivisions upon which there is no default. 4. Bonds and other obligations issued, guaranteed or assumed by the International Bank for Reconstruction and Development, bonds and other obligations issued, guaranteed or assumed by the Asian Development Bank and bonds and other obligations issued, guaranteed or assumed by the African Development Bank. 5. Savings accounts or time deposits in any bank or savings institution within the Commonwealth provided the bank or savings institution is approved for the deposit of other funds of the Commonwealth or other political subdivision of the Commonwealth. (1956, c. 184, § 2-297; 1958, c. 102; 1966, c. 677, § 2.1-327; 1970, c. 75; 1974, c. 288; 1986, a 270; 1988, cc. 526, 834; 1996, cc. 77, 508; 2001, c. 844.) § 2.2-4501. Legal investments for other public funds. A. The Commonwealth, all public officers, municipal corporations, other political subdivisions and all other public bodies of the Commonwealth may invest any and all moneys belonging to them or within their control, other than sinking funds, in the following: 1. Stocks, bonds, notes, and other evidences of indebtedness of the Commonwealth and those unconditionally guaranteed as to the payment of principal and interest by the Commonwealth. 2. Bonds, notes and other obligations of the United States, and securities unconditionally guaranteed as to the payment of principal and interest by the United States, or any agency thereof. The evidences of indebtedness enumerated by this subdivision may be held directly, or in the form of repurchase agreements collateralized by such debt securities, or in the form of securities of any open-end or closed-end management type investment company or investment trust registered under the Investment Company Act of 1940, provided that the portfolio of such investment company or investment trust is limited to such evidences of indebtedness, or repurchase agreements collateralized by such debt securities, or securities of other such investment companies or investment trusts whose portfolios are so restricted. 3. Stocks, bonds, notes and other evidences of indebtedness of any state of the United States upon which there is no default and upon which there has been no default for more than ninety days; provided, that within the twenty fiscal years next preceding the making of such investment, such state has not been in default for more than ninety days in the payment of any part of principal or interest of any debt authorized by the legislature of such state to be contracted. 4. Stocks, bonds, notes and other evidences of indebtedness of any county, city, town, district, authority or other public body in the Commonwealth upon which there is no default; provided, that if the principal and 63 interest be payable from revenues or tolls and the project has not been completed, or if completed, has not established an operating record of net earnings available for payment of principal and interest equal to estimated requirements for that purpose according to the terms of the issue, the standards of judgment and care required in Article 2(§ 26-45.3 et seq.) of Chapter 3 of Title 26, without reference to this section, shall apply. In any case in which an authority, having an established record of net earnings available for payment of principal and interest equal to estimated requirements for that purpose according to the terms of the issue, issues additional evidences of indebtedness for the purposes of acquiring or constructing additional facilities of the same general character that it is then operating, such additional evidences of indebtedness shall be governed by the provisions of this section without limitation. 5. Legally authorized stocks, bonds, notes and other evidences of indebtedness of any city, county, town or district situated in any one of the states of the United States upon which there is no default and upon which there has been no default for more than ninety days; provided, that (i) within the twenty fiscal years next preceding the making of such investment, such city, county, town or district has not been in default for more than ninety days in the payment of any part of principal or interest of any stock, bond, note or other evidence of indebtedness issued by it; (ii) such city, county, town or district shall have been in continuous existence for at least twenty years; (iii) such city, county, town or district has a population, as shown by the federal census next preceding the making of such investment, of not less than 25,000 inhabitants; (iv) the stocks, bonds, notes or other evidences of indebtedness in which such investment is made are the direct legal obligations of the city, county, town or district issuing the same; (v) the city, county, town or district has power to levy taxes on the taxable real property therein for the payment of such obligations without limitation of rate or amount; and (vi) the net indebtedness of such city, county, town or district (including the issue in which such investment is made), after deducting the amount of its bonds issued for self- sustaining public utilities, does not exceed ten percent of the value of the taxable property in such city, county, town or district, to be ascertained by the valuation of such property therein for the assessment of taxes next preceding the making of such investment. 6. Bonds and other obligations issued, guaranteed or assumed by the International Bank for Reconstruction and Development, by the Asian Development Bank or by the African Development Bank. B. This section shall not apply to retirement funds and deferred compensation plans to be invested pursuant to §§ 51.1-12430 through 51.1-124.35 or § 51.1-601. C. Investments made prior to July 1, 1991, pursuant to § 51.1-601 are ratified and deemed valid to the extent that such investments were made in conformity with the standards set forth in Chapter 6(§ 51.1-600 et seq.) of Title 51.1. (1956, c. 184, § 2-298; 1966, c. 677, § 21-328; 1980, c. 596; 1988, c. 834; 1991, c. 379; 1992, c. 810; 1996, a 508; 1999, c. 772; 2001, c. 844.) § 2.2-4502. Investment of funds of Commonwealth, political subdivisions, and public bodies in "prime quality" commercial paper. A. The Commonwealth, all public officers, municipal corporations, other political subdivisions and all other public bodies of the Commonwealth may invest any and all moneys belonging to them or within their control other than sinking funds in "prime quality" commercial paper, with a maturity of 270 days or less, of issuing corporations organized under the laws of the United States, or of any state thereof including paper issued by banks and bank holding companies. "Prime quality" shall be as rated by at least two of the following: Moody's Investors Service, Inc., within its NCO/Moody's rating of prime l, by Standard & Poor's, Inc., within its rating of A-1, by Fitch Investor's Services, Inc., within its rating of F-1, by Duff and Phelps, Inc., within its rating of D-1, or by their corporate successors, provided that at the time of any such investment: 1. The issuing corporation, or its guarantor, has a net worth of at least fifty million dollars; and 2. The net income of the issuing corporation, or its guarantor, has averaged three million dollars per year for the previous five years; and 3. All existing senior bonded indebtedness of the issuer, or its guarantor, is rated "A" or better or the equivalent rating by at least two of the following: Moody's Investors Service, Inc., Standard & Poor's, Inc., Fitch Investor's Services, Inc., or Duff and Phelps, Inc. 64 Not more than thirty-five percent of the total funds available for investment may be invested in commercial paper, and not more than five percent of the total funds available for investment may be invested in commercial paper of any one issuing corporation. B. Notwithstanding subsection A, the Commonwealth, municipal corporations, other political subdivisions and public bodies of the Commonwealth may invest any and all moneys belonging to them or within their control, except for sinking funds, in commercial paper other than "prime quality" commercial paper as defined in this section provided that: 1. Prior written approval is obtained from the governing board, committee or other entity that determines investment policy. The Treasury Board shall be the governing body for the Commonwealth; and 2. A written internal credit review justifying the creditworthiness of the issuing corporation is prepared in advance and made part of the purchase file. (1973, c. 232, § 2.1-328.1; 1974, c. 295; 1976, c. 665; 1986, c. 170; 1987, c. 73; 1988, c. 834; 1992, c. 769; 2001, c. 844.) § 2.2-4503. Not set out. § 2.2-4504. Investment of funds by the Commonwealth and political subdivisions in bankers' acceptances. Notwithstanding any provisions of law to the contrary, all public officers, municipal corporations, other political subdivisions and all other public bodies of the Commonwealth may invest any and all moneys belonging to them or within their control other than sinking funds in bankers' acceptances. (1981, c. 18, § 2.1-328.3; 1988, c. 834; 2001, c. 844.) § 2.2-4505. Investment in certificates representing ownership of treasury bond principal at maturity or its coupons for accrued periods. Notwithstanding any provision of law to the contrary, the Commonwealth, all public officers, municipal corporations, other political subdivisions and all other public bodies of the Commonwealth may invest any and all moneys belonging to them or within their control, in certificates representing ownership of either treasury bond principal at maturity or its coupons for accrued periods. The underlying United States Treasury bonds or coupons shall be held by a third-party independent of the seller of such certificates. (1983, c. 117, § 2.1-328.5; 1985, c. 352; 1988, c. 834; 2001, c. 844.) § 2.2-4506. Securities lending. Notwithstanding any provision of law to the contrary, the Commonwealth, all public officers, municipal corporations, political subdivisions and all public bodies of the Commonwealth may engage in securities lending from the portfolio of investments of which they have custody and control, other than sinking funds. The Treasury Board shall develop guidelines with which such securities lending shall fully comply. Such guidelines shall ensure that the state treasury is at all times fully collateralized by the borrowing institution. (1983, c. 268, § 2.1-328.6; 2001, c. 844.) § 2.2-4507. Investment of funds in overnight, term and open repurchase agreements. Notwithstanding any provision of law to the contrary, the Commonwealth, all public officers, municipal corporations, other political subdivisions and all other public bodies of the Commonwealth, may invest any and all moneys belonging to them or within their control in overnight, term and open repurchase agreements that are collateralized with securities that are approved for direct investment. (1985, c. 352, § 2.1-328.8; 1988, c. 834; 2001, c. 844.) § 2Z-4508. Investment of certain public moneys in certain mutual funds. 65 Notwithstanding any provision of law to the contrary, the Commonwealth, all public officers, municipal corporations, other political subdivisions and all other public bodies of the Commonwealth may invest any and all moneys belonging to them or within their control, other than sinking funds that are governed by the provisions of § 2.2-4500, in one or more open-end investment funds, provided that the funds are registered under the Securities Act (§ 13.1-501 et seq.) of the Commonwealth or the Federal Investment Co. Act of 1940, and that the investments by such funds are restricted to mvestments otherwise permitted by law for political subdivisions as set forth in this chapter, or investments in other such funds whose portfolios are so restricted. (1986, c. 170, § 2.1-328.9; 1988, c. 834; 1996, c. 508; 2001, c. 844.) § 2.2-4509. Investment of funds in negotiable certificates of deposit and negotiable bank deposit notes. Notwithstanding any provision of law to the contrary, the Commonwealth and all public officers, municipal corporations, and other political subdivisions and all other public bodies of the Commonwealth may invest any or all of the moneys belonging to them or within their control, other than sinking funds, in negotiable certificates of deposit and negotiable bank deposit notes of domestic banks and domestic offices of foreign banks with a rating of at least A-1 by Standard & Poor's and P-1 by Moody's Investor Service, Inc., for maturities of one year or less, and a rating of at least AA by Standard & Poor's and Aa by Moody's Investor Service, Inc., for maturities over one year and not exceeding five years. (1998, ca 20, 21, § 2.1-328.15; 2001, c. 844.) § 2.2-4510. Investment of funds in corporate notes. A. Notwithstanding any provision of law to the contrary, the Commonwealth, all public officers, municipal corporations, other political subdivisions and all other public bodies of the Commonwealth may invest any and all moneys belonging to them or within their control, other than sinking funds, in high quality corporate notes with a rating of at least Aa by Moody's Investors Service, Inc., and a rating of at least AA by Standard and Poors, Inc., and a maturity of no more than five years. B. Notwithstanding any provision of law to the contrary, any qualified public entity of the Commonwealth may invest any and all moneys belonging to it or within its control, other than sinking funds, in high quality corporate notes with a rating of at least A by two rating agencies, one of which shall be either Moody's Investors Service, Inc., or Standard and Poors, Inc. As used in this section, "qualified public entity" means any state agency or institution of the Commonwealth, having an internal or external public funds manager with professional investment management capabilities. (1987, a 187, § 2.1-328.10; 1988, c. 834; 1994, a 145; 2001, c. 844; 2002, cc. 18, 438.) § 2.2-4511. Investment of funds in asset-backed securities. Notwithstanding any provision of law to the contrary, any qualified public entity of the Commonwealth may invest any and all moneys belonging to it or within its control, other than sinking funds, in asset- backed securities with a duration of no more than five years and a rating of no less than AAA by two rating agencies, one of which must be either Moody's Investors Service, Inc., or Standard and Poors, Inc. As used in this section, "qualified public entity" means any state agency, institution of the Commonwealth or statewide authority created under the laws of the Commonwealth having an internal or external public funds manager with professional investment management capabilities. (1994, c. 145, § 2.1-328.13; 1997, c. 29; 2001, c. 844.) § 2.2-4512. Investment of funds by State Treasurer in obligations of foreign sovereign governments. Notwithstanding any provision of law to the contrary, the State Treasurer may invest unexpended or excess moneys in any fund or account over which he has custody and control, other than sinking funds, in fully h?dged debt obligar;o„s of ?overeign gove,-,,,,,Pnts and f`l17Y11?'1GIUeS ri114r AT?e flall?/ o11?Y?T1tPec1 ?,1;? s,?ch r sovereign governments, with a rating of at least AAA by Moody's Investors Service, Inc., and a rating of at least AAA by Standard and Poors, Inc., and a maturity of no more than five years. 66 Not more than ten percent of the total funds of the Commonwealth available for investment may be invested in the manner described in this section. (1988, c. 461, § 2.1-328.11; 2001, c. 844.) § 2.2-4513. Investments by transportation commissions. Transportation commissions that provide rail service may invest in, if required as a condition to obtaining insurance, participate in, or purchase insurance provided by, foreign insurance companies that insure railroad operations. (1988, c. 834, § 2.1-328.12; 2001, c. 844.) § 2.2-4514. Commonwealth and its political subdivisions as trustee of public funds; standard of care in investing such funds. Public funds held by the Commonwealth, public officers, municipal corporations, political subdivisions, and any other public body of the Commonwealth shall be held in trust for the citizens of the Commonwealth. Any investment of such funds pursuant to the provisions of this chapter shall be made solely in the interest of the citizens of the Commonwealth and with the care, skill, prudence, and diligence under the circumstances then prevailing that a prudent person acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of a like character and with like aims. (1996, c. 437, § 2.1-328.14; 2001, c. 844.) § 2.2-4515. Collateral and safekeeping arrangements. Securities purchased pursuant to the provisions of this chapter shall be held by the public official, municipal corporation or other political subdivision or public body or its custodial agent who may not otherwise be a counterparty to the investment transaction. Securities held on the books of the custodial agent by a custodial agent shall be held in the name of the municipal corporation, political subdivision or other public body subject to the public body's order of withdrawal. The responsibilities of the public official, municipal corporation, political subdivision or other public body shall be evidenced by a written agreement that shall provide for delivery of the securities by the custodial agent in the event of default by a counterparty to the investment transaction. As used in this section, "counterparty" means the issuer or seller of a security, an agent purchasing a security on behalf of a public official, municipal corporation, political subdivision or other public body or the party responsible for repurchasing securities underlying a repurchase agreement. The provisions of this section shall not apply to (i) investments with a maturity of less than thirty-one calendar days or (ii) the State Treasurer, who shall comply with safekeeping guidelines issued by the Treasury Board or to endowment funds invested in accordance with the provisions of the Uniform Investment of Institutional Funds Act, Article 1.1 (§ 55-268.1 et seq.) of Chapter 15 of Title 55. (1988, c. 834, § 2.1-329.01; 2001, c. 844.) § 2.2-4516. Liability of treasurers or public depositors. When investments are made in accordance with this chapter, no treasurer or public depositor shall be liable for any loss therefrom in the absence of negligence, malfeasance, misfeasance, or nonfeasance on his part or on the part of his assistants or employees. (1979, c. 135, § 2.1-329.1; 2001, c. 844.) § 2.2-4517. Contracts on interest rates, currency, cash flow or on other basis. A. Any state entity may enter into any contract or other arrangement that is determined to be necessary or appropriate to place the obligation or investment of the state entity, as represented by bonds or investments, in whole or in part, on the interest rate cash flow or other basis desired by the state entity. Such contract or Othei 3iiaiigeIiieili I"i'ia`y' 1T'iCludC CviliiaCtS YT'vViul2'ig fGT' paj%liiciliS bSSEu Gii iZVelS Ol', Gi Changes in, interest rates. These contracts or arrangements may be entered into by the state entity in connection with, or incidental to, entering into, or maintaining any (i) agreement that secures bonds or (ii) investment, or 67 contract providing for investment, otherwise authorized by law. These contracts and arrangements may contain such payment, security, default, remedy, and other terms and conditions as determined by the state entity, after giving due consideration to the creditworthiness of the counterparty or other obligated party, including any rating by a nationally recognized rating agency, and any other criteria as may be appropriate. The determinations referred to in this subsection may be made by the Treasury Board, the governing body of the state entity or any public funds manager with professional investment capabilities duly authorized by the Treasury Board or the governing body of any state entity authorized to issue such obligations to make such deternunations. As used in this section, "state entity" means the Commonwealth and all agencies, authorities, boards and institutions of the Commonwealth. B. Any money set aside and pledged to secure payments of bonds or any of the contracts entered into pursuant to this section may be invested in accordance with this chapter and may be pledged to and used to service any of the contracts or other arrangements entered into pursuant to this section. (2002, c. 407.) § 2.2-4600. Short title; definitions. This chapter may be cited as the "Local Government Investment Pool Act." (1980, c. 538, §§ 2.1-234.1, 2.1-2343; 1996, c. 77; 2001, c. 844.) § 2.2-4601. Findings and purpose. A. The General Assembly finds that the public interest is served by maximum and prudent investment of public funds so that the need for taxes and other public revenues is decreased commensurately with the earnings on such investments. In selecting among avenues of investment, the highest rate of return, consistent with safety and liquidity, shall be the objective. B. The purpose of this chapter is to secure the maximum public benefit from the investment of public funds, and, in furtherance of such purposes to: 1. Establish and maintain a continuing statewide policy for the deposit and investment of public funds; 2. Establish a state-administered pool for the investment of local government funds; and 3. Authorize treasurers or any other person collecting, disbursing, or otherwise handling public funds to invest such public funds either in accordance with Chapter 45 (§ 22-4500 et seq.) of this title or through the local government investment pool created by the chapter. C. The General Assembly fmds that the objectives of this chapter will best be obtained through improved money management, emphasizing the primary requirements of safety and liquidity and recognizing the different investment objectives of operating and permanent funds. (1980, c. 538, § 2.1-234.2; 2001, c. 844.) § 2.2-4602. Local government investment pool created. A. A local government investment pool is created, consisting of the aggregate of all funds from local officials handling public funds that are placed in the custody of the State Treasurer for investment and reinvestment as provided in this chapter. B. The Treasury Board or its designee shall administer the local government investment pool on behalf of the participating local officials subject to regulations and guidelines adopted by the Treasury Board. C. The Treasury Board or its designee shall invest moneys in the local government investment pool with the degree of judgment and care, under circumstances then prevailing, which persons of prudence, discretion, and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived. Specifically, the types of authorized investments for local government investment pool assets shall be limited to those set forth for local officials in Chapter 45 (§ 2.2-4500 et seq.) of this title. D. A separate account for each participant in the fund shall be kept to record individual transactions and totals of all investments belonging to each participant. A monthly report showing the changes in investments made during the preceding month shall be furnished to each narticinant having a beneficial interest in the local government investment pool. Details of any investment transaction shall be furnished to any participant upon request. 68 E. The Treasury Board or its designee shall administer and handle the accounts in the same manner as bond and sinking fund trust accounts. F. The principal and accrued income, and any part thereof, of each and every account maintained for a participant in the local government investment pool shall be subject to payment at any time from the local government investment pool upon request, subject to applicable regulations and guidelines. Accumulated income shall be remitted or credited to each participant at least quarterly. G. Except as provided in this section, all instruments of title of all investments of the local government investment pool shall remain in the custody of the State Treasurer. The State Treasurer may deposit with one or more fiscal agents or banks, those instruments of title he considers advisable, to be held in safekeeping by the agents or banics for collection of the principal and interest or other income, or of the proceeds of sale. The State Treasurer shall collect the principal and interest or other income from investments of the investment pool, the instruments of title to which are in his custody, when due and payable. (1980, c. 538, § 2.1-234.8; 1984, c. 320; 1988, c. 834; 2001, c. 844.) § 2.2-4603. Investment authority. Subject to the procedures set forth in this chapter, any local official handling public funds may invest and reinvest any money subject to his control and jurisdiction in the local government investment pool established by § 2.2-4602. (1980, c. 538, § 2.1-234.4; 1988, c. 834; 2001, c. 844.) § 2.2-4604. Interfund pooling for investment purposes. Local officials handling public funds may effect temporary transfers among separate funds for the purpose of pooling amounts available for investment. This pooling may be accomplished through interfund advances and other appropriate means consistent with recognized principles of governmental accounting provided that (i) moneys are available for the investment period required; (ii) the investment fund can repay the advance by the time needed; (iii) the transactions are fully and promptly recorded; and (iv) the interest earned is credited to the loaning or advancing jurisdiction. (1980, c. 538, § 2.1-234.6; 1981, c. 583; 2001, c. 844.) § 2.2-4605. Powers of Treasury Board relating to the administration of local government investment pool. A. The Treasury Board shall have power to: L Make and adopt regulations necessary and proper for the efficient administration of the local government investment pool hereinafter created, including but not limited to: a. Specification of minimum amounts that may be deposited in the local government investment pool and minimum periods of time for which deposits shall be retained in such pool; b. Creation of a reserve for losses; c. Payment of administrative expenses from the earnings of such pool; d. Distribution of the earnings in excess of such expenses, or allocation of losses, to the several participants in a manner that equitably reflects the differing amounts of their respective investments and the differing periods of time for which such amounts were in the custody of the pool; and e. Procedures for the deposit and withdrawal of funds. 2. Develop guidelines for the protection of the local government investment pool in the event of default in the payment of principal or interest or other income of any investment of such pool, such guidelines to include the following procedures: a. Instituting the proper proceedings to collect the matured principal or interest or other income; b. Accepting for exchange purposes refunding bonds or other evidences of indebtedness at appropriate interestrates; c. Making compromises, adjustments, or disposition of matured principal or interest or other income as considered advisabie ior ine purpose oi proiecting ine moneys invested; d. Making compromises or adjustments as to future payments of principal or interest or other income considered advisable for the purpose of protecting the moneys invested. 69 3. Formulate policies for the investment and reinvestment of funds in the local government investment pool and the acquisition, retention, management, and disposition of investments of the investment pool. B. The Treasury Board may delegate the administrative aspects of operating under this chapter to the State Treasurer, subject to the regulations and guidelines adopted by the Treasury Board. C. Such regulations and guidelines may be adopted without complying with the Administrative Process Act (§ 2.2-4000 et seq.) provided that input is solicited from local officials handling public funds. Such input requires only that notice and an opportunity to submit written comments be given. (1980, c. 538, § 2.1-234.7; 2001, c. 844.) § 2.2-4606. Chapter controlling over inconsistent laws; powers supplemental. Insofar as the provisions of this chapter are inconsistent with the provisions of any other law, the provisions of this chapter shall be controlling and the powers conferred by this chapter shall be in addition and supplemental to the powers conferred by any other law. (1980, c. 538, § 2.1-234.9; 2001, c. 844.) 70 As Approved by Board of Trustees, 9113113 VIRGINIA INVESTMENT POOL TRUST FUND AGREEMENT THIS AGREEMENT (the "Agreement"), is made by and among the Participating Political Subdivisions that execute Trust Joinder Agreements to participate in the Virginia Investment Pool Trust Fund, their duly elected Treasurers or other Chief Investment Officers empowered by law to invest the public funds of such Participating Political Subdivisions, and the individuals named as Trustees pursuant to Section 106 hereof and their successors (the "Board of Trustees"). The Participating Political Subdivisions and their Treasurers or Chief Investment Officers hereby establish with the Board of Trustees, and the Board of Trustees hereby accepts, under the terms of this Agreement, a trust for the purpose of investing moneys belonging to or within the control of the respective Participating Political Subdivisions as allowed by law. WITNESSETH: WHEREAS, Section 15.2-1500 of the Virginia Code provides, in part, that every locality shall provide for all the governmental functions of the locality, including, without limitation, the organization of all departments, offices, boards, commissions and agencies of government, and the organizational structure thereof, which are necessary to carry out the functions of government; and WHEREAS, Section 2.2-4501 of the Virginia Code provides that all municipal corporations and other political subdivisions may invest any and all moneys belonging to them or within their control, other than sinking funds, in certain authorized investments; and WHEREAS, Section 15.2-1300 of the Virginia Code provides that any power, privilege or authority exercised or capable of exercise by any political subdivision of the Commonwealth of Virginia may be exercised and enjoyed jointly with any other political subdivision of the Commonwealth having a similar power, privilege or authority pursuant to agreements with one another for joint action pursuant to the provisions of that section; and WHEREAS, the City of Chesapeake and the City of Roanoke have adopted ordinances approving participation in the Virginia lnvestment Pool for each such locality; and WHEREAS, the Participating Political Subdivisions and their Treasurers or Chief Investment Officers and the Board of Trustees of the Virginia lnvestment Pool Trust Fund (herein referred to as the "Trust Fund") hereby establish a trust for the purpose of investing monies belonging to or within the control of the Participating Political Subdivisions, respectively, other than sinking funds, in investments authorized under Section 2.2-4501 of the Virginia Code; and WHEREAS, the parties intend that the Trust Fund hereby established shall constitute a tax-exempt governmental trust under Section 115 of the Internal Revenue Code of 1986, as amended; As Approved by Board of Trustees, 9113113 NOW, THEREFORE, the parties hereto mutually agree as follows: PART 1- GENERAL PROVISIONS Section 100. APPLICATION. The provisions of Part 1 are general administrative provisions applicable to each Part of this Agreement and provisions applicable to the Board of Trustees. Section 101. DEFINITIONS. The following definitions shall apply to this Agreement, unless the context of the term indicates otherwise, and shall govern the interpretation of this Agreement: A. Administrator. The term "Administrator" means the Virginia Local Government Finance Corporation (d/b/a "VML/VACo Finance") or any successor designated by the Board of Trustees to administer the Trust Fund. B. Beneficial Interest. The right of a party to some distribution or benefit from the Trust Fund; a vested interest in the Trust Fund's assets. C. Code. The term "Code" means the Internal Revenue Code of 1986, as amended, and, as relevant in context, the Internal Revenue Code of 1954, as amended. D. Custodian. The term "Custodian" means the banks, mutual funds, insurance companies or other qualified entities selected by the Board of Trustees, under a separate written document with each, to accept contributions from Participating Political Subdivisions and to hold the assets of the Trust Fund. E. Effective Date. The term "Effective Date" means the date coinciding with the last to occur of each of the following events: (i) passage of an ordinance by each of the City of Chesapeake and the City of Roanoke approving such governmental entities as Participating Political Subdivisions in the Trust Fund; (ii) execution by the authorized officer of each such governmental entity of the Trust Joinder Agreement; (iii) execution of this Agreement by all members of the initial Board of Trustees and the Administrator; and (iv) any contribution of cash to the Trust by a Participating Political Subdivision. F. Participating Political Subdivision. The term "Participating Political Subdivision" means any county, city, town, or other political subdivision within the State whose governing body has passed an ordinance or resolution to participate in the Trust Fund, and whose Treasurer or Chief Investment Officer, serving as trustee for such Participating Political Subdivision, executes a Trust Joinder Agreement, as provided in Section 301 hereof. G. Treasurer. The term "Treasurer" means an officer described in Article VII, Section 4, of the Constitution of Virginia who shall serve as the trustee and representative of its Participating Political Subdivision for purposes of this Agreement. Treasurers shall vote the 2 As Approved by Board of Trustees, 9113113 beneficial interest of such Participating Political Subdivision in the Trust Fund, as prescribed in Part 3 of this Agreement. Nothing in this agreement shall be construed to limit the discretion of a duly elected Treasurer to invest the public funds of his or her political subdivision in any manner otherwise permitted by law, not shall the decision of any local governing body to become a Participating Political Subdivision under this agreement compel any duly elected Treasurer having responsibility for such investments of public funds to invest any the locality's funds in the Trust Fund created under this Agreement. H. Chief Investment Officer. The term "Chief Investment Officer" means an officer designated by the governing body of a Participating Political Subdivision to invest public funds on behalf of the political subdivision and to serve as the trustee of such Participating Political Subdivision with respect to the Trust Fund, but only in a political subdivision that does not have an elected treasurer empowered by law to perform those functions. The term "Chief Investment Officer" may include certain individuals holding the title of "treasurer" for the political subdivision but who are not included in the definition in Subsection F. Each Treasurer or Chief Investment Officer, as the case may be, shall be the trustee and representative of his or her Participating Political Subdivision for purposes of this Agreement and shall vote the beneficial interest of such Participating Political Subdivision in the Trust Fund, as prescribed in Part 3 of this Agreement. 1. Fiscal Year. The first fiscal year of the Trust Fund shall be a short fiscal year beginning on the Effective Date of this Agreement and ending on June 30, 2014. Each subsequent fiscal year of the Trust Fund shall begin on the first day of July and end on the thirtieth day of June. J. Investment Policy. The term "Investment Policy" means the Virginia lnvestment Pool Trust Fund Investment Policy, as established by the Board of Trustees, as amended from time to time. K. Prudent Person. A person who conducts himself faithfully, with intelligence, and exercising sound discretion in the management of his affairs, not in regard to speculation, but in regard to the permanent disposition of his funds, considering the probable income, as well as the probable safety of capital to be invested. L. State. The term "State" means the Commonwealth of Virginia. M. Trust Fund. The term "Trust Fund" means the Virginia lnvestment Pool Trust Fund, comprised of all of the assets set aside hereunder. N. Trust Joinder Agreement. The term "Trust Joinder Agreement" means the agreement, in the fortn attached hereto as Exhibit A, pursuant to which the Participating Political Subdivision joins in the Trust Fund, with the Treasurer or Chief Investment Officer, as the case may be, serving as the trustee of such Participating Political Subdivision, and agrees to be bound by the terms and conditions of the Virginia lnvestment Pool Trust Fund Agreement, as provided in Section 301 hereof. As Approved by Board of Trustees, 9/13113 0. Trustees. The term "Trustees" means the individuals who serve on the Board of Trustees of the Trust Fund pursuant to Section 106 hereof and their successors. P. Virginia Code. The term "Virginia Code" means the laws embraced in the titles, chapters, articles and sections designated and cited as the "Code of Virginia," under the laws of the State. Section 102. GENERAL DUTIES AND MEETINGS OF THE BOARD OF TRUSTEES. A. General Duties. The Board of Trustees and each Investment Manager appointed pursuant to this Ageement shall discharge their respective duties under this Agreement solely as follows: (i) except as otherwise provided by any applicable provision of any statute, regulation, ordinance, or resolution, for the exclusive purpose of fulfilling the investment objectives of the Participating Political Subdivisions and defraying the reasonable expenses of administering the Trust Fund; (ii) with the care, skill, prudence, and diligence under the circumstances then prevailing that a prudent person acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of like character and with like aims; and (iii) by diversifying the investments of the Trust Fund so as to minimize the risk of large losses unless under the circumstances, it is clearly prudent not to do so. However, the duties and obligations of the Board of Trustees and each Investrnent Manager, respectively, as such, shall be limited to those expressly imposed upon them, respectively, by this Agreement. The Board of Trustees shall administer the Trust Fund in compliance with Chapter 45 of the Virginia Code (2.2-4500 et. seq.) 1. Authoritv of the Trustees. The Trustees shall have the power and authority and shall be charged with the duty of general supervision and operation of the Trust Fund, and shall conduct the business and activities of the Trust Fund in accordance with this Agreement, the Trust Joinder Agreements, rules and regulations adopted by the Board of Trustees and applicable law. 2. Trustees' Liabilities. No Trustee shall be liable for any action taken pursuant to this Agreement in good faith or for an omission except bad faith or gross negligence, or for any act of omission or commission by any other Trustee. The Trustees are hereby authorized and empowered to obtain, at the expense of the Trust Fund, liability insurance fully protecting the respective Trustees, the Administrator, and the Trust Fund from any loss or expense incurred, including reasonable attorney's fees, for all acts of the Trustees except bad faith or gross negligence. The Trust Fund shall save, hold harmless and indemnify the Trustees and Administrator from any loss, damage or expense incurred by said persons or entities while acting in their official capacity excepting bad faith or gross negligence. 3. Standard of Review. In evaluating the performance of the Trustees, compliance by the Trustees with this Agreement must be detertnined in light of the facts and circumstances existing at the time of the Trustees' decision or action and not by hindsight. 4 As Approved by Board of Trustees, 9113113 4. Limitations on Liabilities. The Trustees' responsibilities and liabilities shall be subject to the following limitations: (a) The Trustees shall have no duties other than those expressly set forth in this Agreement and those imposed on the Trustees by applicable laws. (b) The Trustees shall be responsible only for money actually received by the Trustees, and then to the extent described in this Agreement. (c) The Trustees shall not be responsible for the correctness of any determination of payments or disbursements from the Trust Fund. (d) The Trustees shall have no liability for the acts or omissions of any predecessor or successor in office. (e) The Trustees shall have no liability for (i) the acts or omissions of any Investment Advisor or Advisors, or Investment Manager or Managers; (ii) the acts or omissions of any insurance company; (iii) the acts or omissions of any mutual fund; or (iv) following directions that are given to the Trustees by the Treasurer or Chief Investment Off'icer in accordance with this Agreement. B. Reliance on Counsel. The Board of Trustees may employ, retain or consult with legal counsel, who may be counsel for the Administrator, concerning any questions which may arise with reference to the duties and powers or with reference to any other matter pertaining to this Agreement; and the opinion of such counsel shall be full and complete authorization and protection in respect of any action taken or suffered by the Trustees in good faith in accordance with the opinion of such counsel, and the Trustees shall not be individually or collectively liable therefor. C. Meetinfzs. The Board of Trustees shall meet at least three times per year, and more frequently if called, at the principal office of the Trust Fund or at such other location as may be acceptable to a majority of the Trustees. One such meeting of the Board of Trustees shall be held as soon as practicable after the adjournment of the annual meeting of Treasurers or Chief Investment Officers of Participating Political Subdivisions at such time and place as the Board of Trustees may designate. Other meetings of the Board of Trustees shall be held at places within the Commonwealth of Virginia and at times fixed by resolution of the Board of Trustees, or upon call of the Chairperson of the Board or a majority of the Trustees, on not less than ten (10) days' advance notice. Such notice shall be directed to the Trustees by mail to the respective addresses of the Trustees as recorded in the office of the Trust Fund. The notice of any special meetings of the Board of Trustees shall state the purpose of the meeting. A majority of the number of Trustees elected and serving at the time of any meeting shall constitute a quorum for the transaction of business. Each Trustee shall be entitled to cast a single vote of equal weight on each question coming before the Board. Proxy voting is not allowed. The act of a majority of Trustees present at a meeting at which a quorum is present, As Approved by Board of Trustees, 9113113 shall be the act of the Board of Trustees unless otherwise specified in this agreement. Less than a quorum may adjourn any meeting. Robert's Rules of Order Newly Revised (11ffi edition) shall be the parliamentarv authoritv for the Board of Trustees. ? D. Office of the Trust Fund. The Administrator shall establish, maintain and provide adequate funding for an office for the administration of the Trust Fund. The address of such office is to be made known to the parties interested in or participating in the Trust Fund and to the appropriate governmental agencies. The books and records pertaining to the Trust Fund and its administration shall be kept and maintained at the office of the Trust Fund. E. Execution of Documents. A certificate signed by a person designated by the Board of Trustees to serve as Secretary shall be evidence of the action of the Trustees, and any such certificate or other instrument so signed shall be kept and maintained at the office of the Trust Fund and may be relied upon as an action of the Trustees. F. Appointment and Removal of Administrator. The Virginia Local Government Finance Corporation is hereby initially designated the Administrator pursuant to an administrative services agreement between the parties. The Board of Trustees shall provide compensation for the Administrator to administer the affairs of the Trust Fund. Any three (3) Trustees may call for a vote of the Board of Trustees to remove the Administratar by providing no less than 30 days' notice to the other Trustees and to the Administrator. A vote will be scheduled at the next meeting of the Board of Trustees, for which sufficient notice can be given, at which meeting the Administrator may be removed on a majority vote of the Trustees then serving . Upon removal of the Administrator, the Board of Trustees shall designate a successor Administrator. G. Dutv to Furnish Information. The Treasurers or Chief Investment Officers and the Board of Trustees shall furnish to each other any document, report, return, statement or other information that the other reasonably deems necessary to perform duties imposed under this Agreement or otherwise imposed by law. H. Reliance on Communications. The Board of Trustees may rely upon a certification of a Treasurer or Chief Investment Officer with respect to any instruction, direction, or approval of its Participating Political Subdivision and may continue to rely upon such certification until a subsequent certification is filed with the Trustees. The Trustees shall have no duty to make any investigation or inquiry as to any statement contained in any such writing but may accept the same as fully authorized by the Treasurer or Chief Investment Officer and its Participating Political Subdivision. Section 103. ADMINISTRATNE POWERS AND DUTIES. A. Trustees. The Board of Trustees, in addition to all powers and authorities under common law or statutory authority, including Chapter 45 of Title 2.2 of the Virginia Code (§§ 2.2-4500 et seq.), and subject to the requirements and limitations imposed by the common 6 As Approved by Board of Trustees, 9113113 law or statutory authority, including Chapter 45 of Title 2.2 of the Virginia Code (§§ 2.2-4500 et seq.), shall have and in its sole and absolute discretion may exercise from time to time and at any time, either through its own actions, delegation to the Administrator, ar through a Custodian selected by the Board of Trustees, the following administrative powers and authority with respect to the Trust Fund: 1. To receive for the purposes hereof all cash contributions paid to it by or at the direction of the Participating Political Subdivisions or their Treasurers or Chief Investment Officers. 2. To hold, invest, reinvest, manage, administer and distribute cash balances as shall be transferred to the Trustees from time to time by the Participating Political Subdivisions or their Treasurers or Chief Investment Officers and the increments, proceeds, earnings and income thereof for the exclusive benefit of Participating Political Subdivisions. 3. To continue to hold any property of the Trust Fund that becomes otherwise unsuitable for investment for as long as the Board of Trustees in its discretion deems desirable; to reserve from investment and keep unproductive of income, without liability for interest, cash temporarily awaiting investment and such cash as it deems advisable, or as the Administrator from time to time may specify, in order to meet the administrative expenses of the Trust Fund or anticipated distributions therefrom. 4. To hold property of the Trust Fund in the name of the Trust Fund, or in the name of a nominee or nominees (e.g., registered agents), without disclosure of the trust, or in bearer form so that it will pass by delivery, but no such holding shall relieve the Board of Trustees of its responsibility for the safe custody and disposition of the Trust Fund in accordance with the provisions of this Agreement; the books and records of the Board of Trustees shall show at all times that such property is part of the Trust Fund and the Board of Trustees shall be absolutely liable for any loss occasioned by the acts of its nominee or nominees with respect to securities registered in the name of the nominee or nominees. 4. To employ in the management of the Trust Fund suitable agents, without liability for any loss occasioned by any such agents, so long as they are selected with the care, skill, prudence, and diligence under the circumstances then prevailing that a prudent person acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of a like character and with like aims. 5. To make, execute and deliver, as trustee, any deeds, conveyances, leases, mortgages, contracts, waivers or other instruments in writing that it may deem necessary or desirable in the exercise of its powers under this Agreement. 6. To do all other acts that it may deem necessary or proper to carry out any of the powers set forth in this Section 103 or Section 202, to administer or carry out the purposes of the Trust Fund, or as otherwise is in the best interests of the Trust Fund; 7 As Approved by Board of Trustees, 9113113 provided, however, the Board of Trustees need not take any action unless in its opinion there are sufficient Trust Fund assets available for the expense thereof. 7. To adopt rules and regulations governing the Trustees' operations and procedures. 8. To contract with municipal corporations, political subdivisions and other public entities of State or of local government and private entities for the provision of Trust Fund services and for the use or furnishing of services and facilities necessary, useful, ar incident to providing Trust Fund services. 9. To advise the Administrator on the establishment of expectations with regard to the provision of administrative services and the establishment of appropriate fee levels. 10. To establish and charge fees for participation in the Trust Fund and for additional administrative services provided to a Participating Political Subdivision in addition to any fees charged by other administrative service providers. 11. To collect and disburse all funds due or payable from the Trust Fund, under the terms of this Agreement. 12. To provide for and promulgate all rules, regulations, and forms deemed necessary or desirable in contracting with Treasurers and Chief Investment Officers and their Participating Political Subdivisions, in fulfilling the Trustees' purposes and in maintaining proper records and accounts. 13. To employ insurance companies, banks, trust companies, investment brokers, investment advisors, or others as agents for the receipt and disbursement of funds held in trust for Participating Political Subdivisions. 14. To determine, consistent with the applicable law and the procedures under the Trust Fund, all questions of law or fact that may arise as to investments and the rights of any Participating Political Subdivision to assets of the Trust Fund. 15. Subject to and consistent with the Code and the Virginia Code, to construe and interpret the Trust Agreement and to correct any defect, supply any omissions, or reconcile any inconsistency in the Agreement. 16. To contract for, purchase or otherwise procure insurance and investment products. B. Administrator. Pursuant to an administrative services agreement between the Board of Trustees and the Administrator, the Administrator shall have the power and authority to implement policy and procedural matters as directed by the Board of Trustees as they relate to the ongoing operation and supervision of the Trust Fund and the provisions of this Agreement As Approved by Board of Trustees, 9113113 and applicable law. The Administrator shall immediately make application for a fidelity bond, to any company designated by the Board of Trustees, in such amount as may be specified by the Board of Trustees. The premium on such bond shall be paid from the Trust Fund, which bond shall be continued in force in such amount as the Board of Trustees may from time to time require. If the Administrator's bond is refused, or is ever cancelled, the Administrator may be removed on a majority vote of the Trustees then serving. Section 104. TAXES EXPENSES AND COMPENSATION OF TRUSTEES. A. Taxes. The Administrator, without direction from the Board of Trustees, shall pay out of the Trust Fund all taxes, if any, properly imposed or levied with respect to the Trust Fund, or any part thereof, under applicable law, and, in its discretion, may contest the validity or amount of any tax, assessment, claim or demand respecting the Trust Fund or any part thereof. B. EMenses and Compensation. The Board of Trustees is authorized to set aside from Participating Political Subdivision contributions received and the investment income earned thereon a reasonable sum for the operating expenses and administrative expenses of the Trust Fund including but not limited to, the employment of such administrative, legal, accounting, and other expert and clerical assistance, and the purchase or lease of such materials, supplies and equipment as the Board of Trustees, in its discretion, may deem necessary or appropriate in the performance of its duties, or the duties of the agents or employees of the Trust Fund or the Trustees. All remaining funds coming into the Trust shall be set aside, managed and used only for the benefit of Participating Political Subdivisions. Section 105. COMMUNICATIONS. Until notice is given to the contrary, communication to the Trustees or to the Administrator shall be sent to them at the Trust Fund's office in care of the Administratar. The Administrator's address is VML/VACo Finance at 919 E. Main Street, Suite 1100 Richmond, VA 23219. Section 106. APPOINTMENT, RESIGNATION OR REMOVAL OF TRUSTEES. A. Appointment of Trustees and Length of Appointment. The number of Trustees serving on the Board of Trustees shall be fourteen (14). 1. The initial group of Trustees to establish the Trust Fund will be comprised as follows: (a) the Treasurer of the City of Chesapeake, (b) the Treasurer of the City of Roanoke, (c) five (5) individuals designated by the Board of Directors of the Virginia Association of Counties ("VACo"), (d) five (5) individuals designated by the Board of Directors of the Virginia Municipal League ("VML"), (e) the Executive Director of VACo, who shall serve as a non-voting ex officio trustee, and (f) the Executive Director of VML, who shall serve as a non-voting ex officio trustee. VACo and VML shall give priority for appointment to Treasurers and Chief Investment Officers. The appointees of 9 As Approved by Board of Trustees, 9113113 VACo and VML shall serve until successor trustees are elected at the first annual meeting of the Treasurers and Chief Investment Officers. 2. With the first annual meeting of the Treasurers and Chief Investment Officers, the Board of Trustees shall be divided into three classes, A, B, and C. Class A will include the Treasurers of the two founding Participating Political Subdivisions, who shall continue to serve for two 3-year terms until successor trustees are elected at the annual meeting of the Treasurers and Chief Investment Officers to be held in Fiscal Year 2021 (the "Fiscal Year 2021 annual meeting"), and two trustees to be elected to serve until successor trustees are elected at the annual meeting to be held in Fiscal Year 2018 . Class B, will serve for a transitional period until successor trustees are elected at the annual meeting to be held in Fiscal Year 2017. Class C will serve for a transitional period until successor trustees are elected at the annual meeting to be held in Fiscal Year 2016. One of the Class B seats and one of the Class C seats will be designated to be filled by a Treasurer or Chief Investment Officer of a locality with a population of 75,000 or less, according to the latest decennial census. Individuals who do not meet this requirement may not be nominated for a seat so designated. 3. On or after July 1, 2014, the Trustees shall solicit nominations from the Treasurers and Chief Investment Officers of Participating Political Subdivisions for two Class A, four Class B, and four Class C Trusteeships, and such nominees, along with any nominations from the floor, shall constitute the candidates for the election of Trustees by vote at the Fiscal Year 2015 annual meeting of the Treasurers and Chief Investment Officers as provided in Section 307. In the event that there are not a sufficient number of eligible nominees from among Participating Political Subdivisions, nominations will be provided by the Executive Directors of the Virginia Association of Counties and the Virginia Municipal League. VACo and VML shall give priority for nomination, firstly, to Treasurers and Chief Investment Officers of Participating Political Subdivisions and, secondly, to treasurers and chief investment officers of non-participating political subdivisions. 4. On or after July 1, 2015, the Trustees shall solicit nominations from Treasurers and Chief Investment Officers of Participating Political Subdivisions for Class C Trusteeships, and such nominees, along with any nominations from the floor, shall constitute the candidates for the election of Trustee by vote at the Fiscal Year 2016 annual meeting of the Treasurers and Chief Operating Officers as provided in Section 307. In the event that there are not a sufficient number of eligible nominees from among Participating Political Subdivisions, nominations will be provided by the Executive Directors of the Virginia Association of Counties and the Virginia Municipal League. VACo and VML shall give priority for nomination, firstly, to Treasurers and Chief Investment Officers of Participating Political Subdivisions and, secondly, to treasurers and chief investment officers of non-participating political subdivisions. 10 As Approved by Board of Trustees, 9113113 5. At each annual meeting of Treasurers and Chief Investment Officers following the transitional period, the successors to the class of Trustees whose terms shall then expire shall be identified as being of the same class as the trustees they succeed and elected to hold office for a term expiring at the third succeeding annual meeting of Treasurers and Chief Investment Officers. Trustees shall hold their offices until the next annual meeting of Treasurers and Chief Investment Officers for such Trustee's respective Class and until their successors are elected and qualify. 6. At each annual meeting of the Treasurers and Chief Investment Officers, the incumbent Trustees will present all nominations received for each class of Trustees (A, B, andlor C) for which an election is to be held and entertain nominations from the floor. If a Treasurer or Chief Investment Officer does not designate a particular class for its nominee(s), such names will be included on the lists of eligible nominees for each class for which an election is to be held unless the individual named is elected to another seat. 7. No individual Trustee may be elected or continue to serve as a Trustee after becoming an owner, officer or employee of the Administrator, an Investment Advisor, an Investment Manager or a Custodian. Beginning with the FY 2017 annual meeting, no Trustee may be elected or continue to serve as a Trustee unless he or she is a Treasurer or Chief Investment Officer of a Participating Political Subdivision. In the event that there are not a sufficient number of eligible nominees as of the date of the annual meeting, the position will be declared vacant. 8. Each Trustee and each successor Trustee shall acknowledge and consent to his or her election as a Trustee at the annual meeting at which he/she is elected or, if subsequent to the annual meeting, by giving written notice of acceptance of such election to the Chairperson of the Trustees. B. Resignation of a Trustee. 1. A Trustee may resign from all duties and responsibilities under this Agreement by giving written notice to the Chairperson of the Trustees. The Chairperson may resign from all duties and responsibilities under this Agreement by giving written notice to all of the other Trustees. Such notice shall state the date such resignation sha11 take effect and such resignation shall take effect on such date but not later than sixty (60) days after the date such written notice is given. 2. Any Trustee, upon leaving office, shall forthwith turn over and deliver to the Administrator at the principal office of the Trust Fund any and all records, books, documents or other property in his or her possession or under his or her control which belong to the Trust Fund. C. Removal of a Trustee. Each Trustee, unless due to resignation, death, incapacity, removal, or conviction of a felony or any offense for which registration is required as defined in 11 As Approved by Board of Trustees, 9113113 Virginia Code § 9.1-902, shall serve and shall continue to serve as Trustee hereunder, subject to the provisions of this Agreement. A Trustee shall relinquish his or her office or may be removed by a majority vote of the Trustees then serving or ipso facto when the Employer which he/she represents is no longer a Participating Political Subdivision in the Trust Fund. Notice of removal of a Trustee shall be furnished to the other Trustees by the Chairperson of the Trustees and shall set forth the effective date of such removal. Notice of removal of the Chairperson shall be furnished to the other Trustees by the Administrator and shall set forth the effective date of such removal. D. Appointment of a Successor Trustee. Except as otherwise provided in part A.1 of this Section with respect to the initial term of Class A Trustees, in the event a Trustee shall die, resign, become incapacitated, be removed from office, or convicted of a felony or any offense for which registration is required as defined in Virginia Code § 9.1-902, a successor Trustee shall be elected forthwith by the affirmative vote of the majority of the remaining Trustees though less than a quorum of the Board of Trustees. The notice of the election of a successor Trustee shall be furnished to the other Trustees by the Chairperson. In case of the removal, death, resignation, etc. of the Chairperson, notice of the election of a successor Trustee, and the new Chairperson, shall be furnished to the other Trustees by the Administrator. Nominations for interim replacement of vacant positions may be made by any member of the Board of Trustees. The term of office of any Trustee so elected shall expire at the next Annual Meeting of Treasurers and Chief Investment Officers at which Trustees are elected. The successor Trustee shall be elected to complete the term for the Class to which such Trustee has been assigned. In the event that a vacancy occurs in the office of either the Treasurer of Chesapeake or the Treasurer of Roanoke prior to the FY 2021 annual meeting, the newly assigned Treasurer of the founding Participating Political Subdivision will automatically assume the vacant position. E. Trustees' Rights. In case of the death, resignation or removal of any one or more of the Trustees, the remaining Trustees shall have the powers, rights, estates and interests of this Agreement as Trustees and shall be charged with the duties of this Agreement; provided in such cases, no action may be taken unless it is concurred in by a majority of the remaining Trustees. However, if such vacancies leave less than a quorum of Trustees, the remaining trustees may only act to appoint successors. Only after a quorum has been established may the trustees take the other actions established in this subsection. Section 107. BONDING. All Trustees shall immediately make application for a fidelity bond, to any company designated by the Board of Trustees, in such amount as may be specified by the Board of Trustees. Premiums on such bonds shall be paid from the Trust Fund, which bonds shall be continued in force in such amount as the Board of Trustees may from time to time require. If a Trustee's bond is refused, or is ever cancelled, except with the Board of Trustees' approval, such Trustee may be removed from office by majority vote of the Trustees then serving. 12 As Approved by Board of Trustees, 9113113 PART 2- PROVISIONS APPLICABLE TO INVESTMENTS Section 200. APPLICATION. The provisions of Part 2 apply to the investments of the Trust Fund. Section 201. ADMINISTRATION OF TRUST. A. General. All such assets shall be held by the Trustees in the Trust Fund. B. Contributions. The Board of Trustees hereby delegates to the Custodian the responsibility for accepting cash contributions to the Trust Fund, and the Custodian shall have the responsibility for accepting cash contributions by Participating Political Subdivisions. Assets held in the Trust Fund shall be dedicated to the benefit of each Participating Political Subdivision, respectively, or to defraying reasonable expenses of the Trust Fund. All contributions by a Participating Political Subdivision shall be transferred to the Trust Fund to be held, managed, invested and distributed as part of the Trust Fund by the Trustees in accordance with the provisions of this Agreement and applicable law. C. Applicable Laws and Regulations, The Board of Trustees shall be authorized to take the steps it deems necessary or appropriate to comply with any laws or regulations applicable to the Trust Fund. D. Accumulated Share. No Participating Political Subdivision shall have any right, title or interest in or to any specific assets of the Trust Fund, but shall have an undivided beneficial interest in the Trust Fund; however, there shall be a specific accounting of assets allocable to each Participating Political Subdivision. Section 202. MANAGEMENT OF INVESTMENTS OF THE TRUST FLTND. A. Authority of Trustees. Except as set forth in subsections C, D, F, or G of this Section, and except as otherwise provided by law, the Board of Trustees shall have exclusive authority and discretion to manage and control the assets of the Trust Fund held by them pursuant to the guidelines established by the Board of Trustees in the Investment Policy. B. Investment Policv. The Board of Trustees, as its primary responsibility under this Agreement, shall develop a written Investment Policy establishing guidelines applicable to the investment of the assets of the Trust Fund, and from time to time shall modify such Investment Policy, in light of the short and long-term financial interests of the Participating Political Subdivisions and the Trust Fund. The Investment Policy shall serve as the description of the funding policy and method for the Trust Fund. C. Investment Advisor. From time to time, the Administrator may, pursuant to approval of the Board of Trustees, appoint one (1) or more independent Investment Advisors ("Investment Advisor"), pursuant to a written investment advisory agreement with each, describing the powers and duties of the Investment Advisor with regard to the management of all 13 As Approved by Board of Trustees, 9113113 or any portion of any investment or trading account of the Trust Fund. The Investment Advisor shall review, a minimum of every calendar quarter, the suitability of the Trust Fund's investments, the performance of the Investment Managers and their consistency with the objectives of the Investment Policy with assets in the portion of the Trust Fund for which the Investment Manager has responsibility for management, acquisition or disposition. If the Administrator contracted with a lead Investment Advisor prior to the establishment of this Agreement, the Board of Trustees may ratify such contract. The lead Investment Advisor will serve at the pleasure of the Board of Trustees and will be compensated for its recurring, usual and customary services. Subject to the approval of the Board of Trustees, the Investment Advisor shall recommend an asset allocation for the Trust Fund that is consistent with the objectives of the Investment Policy. If the Board of Trustees shall approve a separate Investment Policy with respect to assets in a segregated portion of the Trust Fund, the Investment Advisor shall recommend an asset allocation for such segregated portion of the Trust Fund that is consistent with the objectives of such Investment Policy. At least annually, the Investment Advisor shall review the Investment Policy and asset allocation with the Board of Trustees. The Investrnent Advisor shall also advise the Board of Trustees with regard to investing in a manner that is consistent with applicable law, based on majority vote of the Board of Trustees, and in consideration of the expected distribution requirements of the Plans. D. Investment Managers. The Board of Trustees, from time to time, may appoint one (1) or more independent Investment Managers ("Investment Manager"), pursuant to a written investment management agreement with each, describing the powers and duties of the Investment Manager to invest and manage all or a portion of the Trust Fund. The Investment Manager shall have the power to direct the management, acquisition or disposition of that portion of the Trust Fund for which the Investment Manager is responsible. The Board of Trustees shall be responsible for ascertaining that each Investment Manager, while acting in that capacity, satisfies the following requirements: 1. The Investment Manager is either (i) registered as an investrnent advisor under the Investment Advisors Act of 1940, as amended; (ii) a bank as defined in that Act; or (iii) an insurance company qualified to perform the services described herein under the laws of more than one state; and 2. The Investment Manager has acknowledged in writing to the Board of Trustees that it is a fiduciary with respect to the assets in the portion of the Trust Fund for which the Investment Manager has responsibility for management, acquisition or disposition. If the Administrator contracted with a lead Investment Manager prior to the establishment of this Agreement, the Board of Trustees may ratify such contract. The lead Investment Manager will serve at the pleasure of the Board of Trustees and will be compensated for its recurring, usual and customary services. 14 As Approved by Board of Trustees, 9113113 E. Custodians. The Custodian(s) shall provide monthly statements to each participant and at the request of the Board of Trustees certify the value of any property of the Trust Fund managed by the Investment Manager(s). The Trustees shall be entitled to rely conclusively upon such valuation for all purposes under the Trust Fund. F. Absence of Trustees' Responsibilitv for Investment Advisor and Manager. Except to the extent provided in paragraph A of Section 102 above, the Board of Trustees, collectively and individually, shall not be liable for any act or omission of any Investment Manager and shall not be under any obligation to invest or otherwise manage the assets of the Trust Fund that are subject to the management of any Investment Manager. Without limiting the generality of the foregoing, the Board of Trustees shall be under no duty at any time to make any recommendation with respect to disposing of or continuing to retain any such asset. Furthermore, the Board of Trustees, collectively and individually, shall not be liable by reason of its taking or refraining from taking the advice of the Investment Advisor any action pursuant to this Section, nor shall the Board of Trustees be liable by reason of its refraining from taking any action to remove or replace any Investment Manager on advice of the Investment Advisor; and the Trustees shall be under no duty to make any review of an asset acquired at the direction or order of an Investment Manager. G.. Reporting. The Board of Trustees shall be responsible for and shall cause to be filed periodic audits, valuations, reports and disclosures of the Trust Fund as are required by law or agreements. Notwithstanding anything herein to the contrary, the Board of Trustees shall cause the Trust Fund to be audited by a certified public accounting firm retained for this purpose at least once each year. The Board of Trustees may employ professional advisors to prepare such audits, valuations, reports and disclosures and the cost of such professional advisors shall be borne by the Trust Fund. H. Commingling Assets. Except to the extent prohibited by applicable law, the Board of Trustees may commingle the assets of all Participating Political Subdivisions held by the Board of Trustees under this Agreement for investment purposes in the Trust Fund and shall hold the Trust Fund in trust and manage and administer the same in accordance with the terms and provisions of this Agreement. However, the assets of each Participating Political Subdivision shall be accounted for separately. Section 203. ACCOiJNTS. The Trustees shall keep or cause to be kept at the expense of the Trust Fund accurate and detailed accounts of all its receipts, investments and disbursements under this Agreement, with the Trustees causing the Investment Advisor to account separately for each Investtnent Manager's portion of the Trust Fund. 15 As Approved by Board of Trustees, 9113113 Section 204. DISBURSEMENTS FROM THE TRUST. A. Trust Payments. The Board of Trustees hereby delegates to the Administrator the responsibility for making payments from the Trust Fund. In accordance with rules and regulations established by the Board of Trustees, the Administrator shall make payments from the Trust Fund as directed by the Treasurer or Chief Investment Officer of each Participating Political Subdivision. Payments shall be made in such manner, in such amounts and for such purposes as may be directed by the respective Treasurer or Chief Investment Officer. Payments from the Trust Fund shall be made by electronic transfer or check (or the check of an agent) for deposit to the order of the payee. Payments or other distributions hereunder may be mailed to the payee at the address last furnished to the Administrator. The Trustees shall not incur any liability on account of any payment or other distribution made by the Trust Fund in accordance with this Section. Such payment shall be in full satisfaction of claims hereunder against the Trustee, Administrator or Participating Political Subdivision. B. Allocation of Expenses. The Trustees shall pay all expenses of the Trust Fund from the assets in the Trust Fund. All expenses of the Trust Fund, which are allocable to a particular investment option or account, may be allocated and charged to such investment option or account as determined by the Trustees. All expenses of the Trust Fund which are not allocable to a particular investment option or account shall be charged to each such investment option or account in the manner established by the Trustees. Section 205. INVESTMENT OPTIONS. The Trustees shall initially establish one (1) investment option within the Trust Fund pursuant to the Investment Policy, for communication to, and acceptance by, Treasurers and Chief Investment Officers. Following development of the initial "investment option" pursuant to the Investment Policy, the Board of Trustees may develop additional investment options, reflecting different risk/return objectives and corresponding asset mixes, for selection by Treasurers and Chief Investment Officers, as alternatives to the initial investment option. The determination to add alternative investment options to the Investment Policy, and the development of each such investment option, are within the sole and absolute discretion of the Board of Trustees. The Trustees shall transfer to any deemed investment option developed hereunder such portion of the assets of the Trust Fund as appropriate. The Trustees shall manage, acquire or dispose of the assets in an investment option in accordance with the directions given by each Treasurer or Chief Investment Officer. All income received with respect to, and all proceeds received from, the disposition of property held in an investment option shall be credited to, and reinvested in, such investment option. If multiple investment options are developed, from time to time, the Board of Trustees may eliminate an investment option, and the proceeds thereof shall be reinvested in the remaining investment option having the shortest duration of investments unless another investment option is selected in accordance with directions given by the Treasurer or Chief Investment Officer. 16 As Approved by Board of Trustees, 9113113 Notwithstanding anything in this agreement to the contrary, the Board of Trustees, in its sole discretion, may establish a separate, short-term investment option or fund, to facilitate contributions, disbursements or other short-term liquidity needs of the Trust or of particular Participating Political Subdivisions. Separate investment funds within the Trust Fund and varying percentages of investment in any such separate investment fund by the Participating Political Subdivisions, to the extent so determined by the Board of Trustees, are expressly permitted. PART 3- PROVISIONS APPLICABLE TO PARTICIPATING POLITICAL SUBDIVISIONS Section 300. APPLICATION. The provisions of Part 3 set forth the rights of Participating Political Subdivisions. Section 301. PARTICIPATING POLITICAL SUBDIVISIONS. A. Approval. The Board of Trustees or its designee shall receive applications from Treasurers and Chief Investment Officers of Participating Political Subdivisions for membership in the Trust Fund and shall approve or disapprove such applications for membership in accordance with the terms of this Agreement, the Trust Joinder Agreement, and the rules and regulations established by the Board of Trustees for admission of new Participating Political Subdivisions. The Board of Trustees shall have total discretion in determining whether to accept a new member. The Board of Trustees may delegate the authority for membership approval to the Administrator. B. Execution of Trust Joinder Agreement. Once the governing body of a political subdivision has approved an ordinance or resolution to participate in the Trust Fund, its Treasurer or Chief Investment Officer, serving as trustee for such political subdivision, may execute a Trust Joinder Agreement in such form and content as prescribed by the Board of Trustees. By the execution of the Trust Joinder Agreement, the Participating Political Subdivision agrees to be bound by all the terms and provisions of this Agreement, the Trust Joinder Agreement, and any rules and regulations adopted by the Trustees under this Agreement. The Treasurer or Chief Investment Officer of each Participating Political Subdivision, serving as such Participating Political Subdivision's trustee shall represent such Participating Political Subdivision's interest in all meetings, votes, and any other actions to be taken by a Participating Political Subdivision hereunder, provided that a Treasurer who elects not to invest public funds pursuant to the Joinder Agreement shall have no obligation to serve as a trustee for his or her locality. C. Continuing as a Participating Political Subdivision. Application for participation in this Agreement, when approved in writing by the Board of Trustees or its designee, shall constitute a continuing contract for each succeeding fiscal year unless terminated by the Trustees or unless the Participating Political Subdivision resigns or withdraws from this Agreement by written notice sent by its duly authorized official. The Board of Trustees may terminate a Participating Political Subdivision's participation in this Agreement for any reason by vote of a 17 As Approved by Board of Trustees, 9113113 three-fourths (3/4) majority of the voting members of the Board of Trustees present at a duly called meeting. If the participation of a Participating Political Subdivision is ternunated, the Board of Trustees and the Administrator shall effect the withdrawal of such Participating Political Subdivision's beneficial interest in the Trust in accordance with its usual withdrawal policies. Section 302. MEETINGS OF PARTICIPATING POLITICAL SUBDIVISIONS. A. Places of Meetings. All meetings of the Treasurers and Chief Investment Officers shall be held at such place, within the Commonwealth of Virginia, as from time to time may be fixed by the Trustees. B. Annual Meetings. The annual meeting of the Treasurers and Chief Investment Officers of Participating Political Subdivisions, for the election of Trustees and for the transaction of such other business as may come before the annual meeting, shall be held at such time on such business day between September lst and October 31St as shall be designated by resolution of the Board of Trustees. C. Special MeetiM. Special meetings of the Treasurers or Chief Investment Officers for any purpose or purposes may be called at any time by the Chairperson of the Board of Trustees, by the Board of Trustees, or if Treasurers and Chief Investment Officers together holding at least twenty percent (20%) of all votes entitled to be cast on any issue proposed to be considered at the special meeting sign, date and deliver to the Trust Fund's Secretary one or more written demands for the meeting describing the purpose or purposes for which it is to be held. At a special meeting no business shall be transacted and no action shall be taken other than that stated in the notice of the meeting. D. Notice of Meetings. Written notice stating the place, day and hour of every meeting of the Treasurers and Chief Investment Officers and, in case of a special meeting, the purpose or purposes for which the meeting is called, shall be given not less than ten (10) nor more than sixty (60) days before the date of the meeting to each Participating Political Subdivision's Treasurer or Chief Investment Officer of record entitled to vote at such meeting, at the address which appears on the books of the Trust Fund. Such notice may include any rules established by the Board of Trustees governing the nomination and election of candidates, determination of vote allocations, and other such matters. E. uorum. Any number of Treasurers and Chief Investment Officers together holding at least a majority of the outstanding beneficial interests entitled to vote with respect to the business to be transacted, who shall be physically present in person at any meeting duly called, shall constitute a quorum of such group for the transaction of business. If less than a quorum shall be in attendance at the time for which a meeting shall have been called, the meeting may be adjourned from time to time by a majority of the Treasurers and Chief Investment Officers present. Once a beneficial interest is represented for any purpose at a meeting of Treasurers and Chief Investment Officers, it shall be deemed present for quorum purposes for the remainder of the meeting and for any adjournment of that meeting unless a new record date is, or shall be, set for that adjourned meeting. 18 As Approved by Board of Trustees, 9113113 F. Votin . At any meeting of the Treasurers and Chief Investment Officers, each Treasurer or Chief Investment Officer entitled to vote on any matter coming before the meeting shall, as to such matter, have one vote, in person, for each two hundred fifty thousand ($250,000) dollars, or fraction thereof, invested in its name in the Trust Fund, based upon an annual weighted average during the previous fiscal year ending June 30. Notwithstanding the preceding sentence, at any meeting held after the date the tenth (10`") Participating Political Subdivision joins the Trust, no one Treasurer or Chief Investment Officer may vote more than twenty percent (20%) of the total votes cast. A Treasurer or Chief Investment Officer may, by written and signed proxy, designate another employee or elected official of his/her Participating Political Subdivision to cast his/her votes in person at the meeting. If a quorum is present at a meeting of the Treasurers and Chief Investment Officers, action on a matter other than election of Trustees shall be approved if the votes cast favoring the action exceed the votes cast opposing the action, unless a vote of a greater number is required by this Agreement. If a quorum is present at a meeting of the Treasurers and Chief Investment Officers, nominees for Trustees for all open seats for each class of Trustees on the Board of Trustees shall be elected by a plurality of the votes cast by the beneficial interests entitled to vote in such election. Treasurers and Chief Investment Officers at the annual meeting will vote at one time to fill all open positions within a single class of Trustees. Elections will be held by class, in the order of the length of the terms to be filled, beginning with the longest term. Each Treasurer or Chief Investment Officer will cast up to the full number of its votes for each open position within a class of Trustees but may not cast votes for more than the number of open positions in such class. Those nominees receiving the largest plurality of votes, up to the number of positions to be filled, will be declared elected. Subsequent votes may be held to break any ties, if necessary, in order to elect the correct number of Trustees. PART 4- PROVISIONS APPLICABLE TO OFFICERS Section 401. ELECTION AND REMOVAL OF OFFICERS. A. Election of Officers; Terms. The Board of Trustees shall appoint the officers of the Trust Fund. The officers of the Trust Fund shall consist of a Chairperson of the Board, a Vice-Chairperson, and a Secretary. The Secretary need not be a member of the Board of Trustees and may be the Administrator. Other officers, including assistant and subordinate officers, may from time to time be elected by the Board of Trustees, and they shall hold office for such terms as the Board of Trustees may prescribe. All officers shall hold office until the next annual meeting of the Board of Trustees and until their successors are elected. B. Removal of Officers: Vacancies. Any officer of the Trust Fund may be removed summarily with or without cause, at any time, on a three-fourths (3/) vote of the Board of Trustees present at a duly called meeting. Vacancies may be filled by the Board of Trustees. 19 As Approved by Board of Trustees, 9113113 Section 402. DUTIES. A. Duties, generallv. The officers of the Trust Fund shall have such duties as generally pertain to their offices, respectively, as well as such powers and duties as are prescribed by law or are hereinafter provided or as from time to time shall be conferred by the Board of Trustees. The Board of Trustees may require any officer to give such bond for the faithful performance of such officer's duties as the Board of Trustees may see fit. B. Duties of the Chairperson. The Chairperson shall be selected from among the Trustees. Except as otherwise provided in this Agreement or in the resolutions establishing such committees, the Chairperson shall be ex officio a member of all Committees of the Board of Trustees. The Chairperson shall preside at all Board meetings. The Chairperson may sign and execute in the name of the Trust Fund stock certificates, deeds, mortgages, bonds, contracts or other instruments except in cases where the signing and the execution thereof shall be expressly delegated by the Board of Trustees or by this Agreement to some other officer or agent of the Trust Fund or as otherwise required by law. In addition, he/she shall perform all duties incident to the office of the Chairperson and such other duties as from time to time may be assigned to the Chairperson by the Board of Trustees. In the event of any vacancy in the office of the Chairperson, the Vice-Chairperson shall serve as Chairperson on an interim basis until such vacancy is filled by subsequent action of the Board of Trustees. C. Duties of the Vice-Chairperson. The Vice-Chairperson, if any, shall be selected from among the Trustees and shall have such powers and duties as may from time to time be assigned to the Vice-Chairperson. The Vice-Chairperson will preside at meetings in the absence of the Chairperson. D. Duties of the Secretarv. The Secretary shall act as secretary of all meetings of the Board of Trustees and of the Treasurers and Chief Investment Officers. When requested, the Secretary shall also act as secretary of the meetings of the Committees of the Board of Trustees. The Secretary shall keep and preserve the minutes of all such meetings in permanent books. The Secretary shall see that all notices required to be given by the Trust Fund are duly given and served. The Secretary may, at the direction of the Board of Trustees, sign and execute in the name of the Trust Fund stock certificates, deeds, mortgages, bonds, contracts or other instruments, except in cases where the signing and execution thereof shall be expressly delegated by the Board of Trustees or by this Agreement. The Secretary shall have custody of all deeds, leases, contracts and other important Trust Fund documents; shall have charge of the books, records and papers of the Trust Fund relating to its organization and management as a trust; and shall see that all reports, statements and other documents required by law are properly filed. PART 5 - MISCELLANEOUS PROVISIONS Section 501. TITLES. The titles to Parts and Sections of this Agreement are placed herein for convenience of reference only, and the Agreement is not to be construed by reference thereto. 20 As Approved by Board of Trustees, 9113113 Section 502. SUCCESSORS. This Agreement shall bind and inure to the benefit of the successors and assigns of the Trustees, the Treasurers and Chief Investment Officers, and the Participating Political Subdivisions. Section 503. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original but all of which together shall constitute but one instrument, which may be sufficiently evidenced by any counterpart. Any Participating Political Subdivision that formally applies for participation in this Agreement by its execution of a Trust Joinder Agreement which is accepted by the Trustees shall thereupon become a party to this Agreement and be bound by all of the terms and conditions thereof, and said Trust Joinder Agreement shall constitute a counterpart of this Agreement. Section 504. AMENDMENT OR TERMINATION OF THIS AGREEMENT; TERMINATION OF PLANS. A. Duration. The Trust shall be perpetual, subject to the termination provisions contained in Section 504, Subsection C below. B. Amendment. This Agreement may be amended in writing at any time by the vote of a two-thirds (2/3) majority of the Trustees. Notwithstanding the preceding sentence, this Agreement may not be amended so as to change its purpose as set forth herein ar to permit the diversion or application of any funds of the Trust Fund for any purpose other than those specified herein. The Board of Trustees, upon adoption of an amendment to this Agreement, shall provide notice by sending a copy of any such amendment to each Treasurer and Chief Investment Officer within 15 days of adoption of such amendment. If a Treasurer or Chief Investment Officer objects to such amendment, the Treasurer or Chief Investment Officer must provide written notice of its objection and intent to terminate its participation in the Trust Fund by registered mail delivered to the Administrator within ninety (90) days of such notice, and if such notice is given, the amendments shall not apply to such Participating Political Subdivision for a period of 180 days from the date of adoption of such amendments. The Participating Political Subdivision's interest shall be terminated in accordance with the provisions of paragraph B of this section. C. Withdrawal and Termination. Any Participating Political Subdivision may at any time in its sole discretion withdraw and terminate its interest in this Agreement and any trust created hereby by giving written notice from the Participating Political Subdivision's Treasurer or Chief Investment Officer to the Trustees in the manner prescribed by this Section. The Trust Fund may be terminated in its entirety when all participation interests of all Participating Political Subdivisions have been terminated in their entirety. This Agreement and the Trust Fund will then be terminated in its entirety pursuant to Virginia law. 21 As Approved by Board of Trustees, 9113113 In case of a termination of this Agreement, either in whole or in part by a Participating Political Subdivision, the Trustees shall hold, apply, transfer or distribute the affected assets of the Trust Fund in accordance with the applicable provisions of this Agreement and as directed by the Treasurer or Chief Investment Officer of each Participating Political Subdivision. Upon any termination, in whole or in part, of this Agreement, the Trustees shall have a right to have their respective accounts settled as provided in this Section 504. In the case of the complete or partial termination of this Agreement as to one or more Participating Political Subdivisions, the affected assets of the Trust Fund shall continue to be held pursuant to the direction of the Trustees, for the benefit of the Participating Political Subdivision, until the Trustees, upon recommendation of the Administrator, distribute such assets to a Participating Political Subdivision, or other suitable arrangements for the transfer of such assets have been made. This Agreement shall remain in full effect with respect to each Participating Political Subdivision that does not terminate or withdraw its participation in the Trust Fund, or whose participation is not terminated by the Trustees. However, if distributions must be made, the Treasurer or Chief Investment Officer of each Participating Political Subdivision shall be responsible for directing the Administrator on how to distribute the beneficial interest of such Participating Political Subdivision. In the absence of such direction, the Administrator may take such steps as it determines are reasonable to distribute such Participating Political Subdivision's interest. A Participating Political Subdivision must provide written notice of its intent to terminate its participation in the Trust Fund by registered mail signed by the appropriate official of the subdivision and delivered to the Administrator. Notwithstanding the foregoing, the Trustees shall be required to pay out any assets of the Trust Fund to Participating Political Subdivisions upon termination of this Agreement or the Trust Fund, in whole or in part, upon receipt by the Trustees of written certification from the Administrator that all provisions of law with respect to such termination have been complied with. The Administrator shall provide the required written certification to the Trustees within three (3) working days of receiving a written notice of intent to terminate as described above. The Trustees shall rely conclusively on such written certification and shall be under no obligation to investigate or otherwise determine its propriety. When all of the assets of the Trust Fund affected by a termination have been applied, transferred or distributed and the accounts of the Trustees have been settled, then the Trustees and Administrator shall be released and discharged from all further accountability or liability respecting the Trust Fund, or portions thereof, affected by the termination and shall not be responsible in any way for the further disposition of the assets of the Trust Fund, or portions thereof, affected by the termination or any part thereof so applied, transferred or distributed; provided, however, that the Trustees shall provide full and complete accounting for all assets up through the date of final disposition of all assets held in the Trust. 22 As Approved by Board of Trustees, 9113113 Section 505. SPENDTHRIFT PROVISIONS; PROHIBITION OF ASSIGNMENT OF INTEREST. The Trust Fund shall be exempt from taxation and execution, attachment, garnishment, or any other process. No Participating Political Subdivision or other person with a beneficial interest in any part of the Trust Fund may commute, anticipate, encumber, alienate or assign the beneficial interests or any interest of a Participating Political Subdivision in the Trust Fund, and no payments of interest or principal shall be in any way subject to any person's debts, contracts or engagements, nor to any judicial process to levy upon or attach the interest or principal for payment of those debts, contracts, or engagements. Section 506. VIRGINIA FREEDOM OF INFORMATION ACT. The Administrator shall give the public notice of the date, time, and location of any meeting of the Board of Trustees' or of the Treasurers and Chief Investment Officers in the manner and as necessary to comply with the Virginia Freedom of Information Act (Va. Code §§ 2.2-3700 et seq.). The Secretary or its designee shall keep all minutes of all meetings, proceedings and acts of the Trustees and of Treasurers and Chief Investment Officers, but such minutes need not be verbatim. Copies of all minutes of the Trustees and of Treasurers and Chief Investment Officers shall be sent by the Secretary or its designee to the Trustees. All meetings of the Board of Trustees and of Treasurers or Chief Investment Officers shall be open to the public, except as provided in § 2.2-3711 of the Virginia Code. No meeting shall be conducted through telephonic, video, electronic or other communication means where the members are not physically assembled to discuss or transact public business, except as provided in §§ 2.2-3708 or 2.2-3708.1 of the Virginia Code. Section 507. JURISDICTION. This Agreement shall be interpreted, construed and enforced, and the trust or trusts created hereby shall be administered, in accordance with the laws of the United States and of the Commonwealth of Virginia, excluding Virginia's law governing the conflict of laws. Section 508. SITUS OF THE TRUST. The situs of the trust or trusts created hereby is the Commonwealth of Virginia. All questions pertaining to its validity, construction, and administration shall be determined in accordance with the laws of the Commonwealth of Virginia. Venue for any action regarding this Agreement is the City of Richmond, Virginia. Section 509. CONSTRUCTION. Whenever any words are used in this Agreement in the masculine gender, they shall be construed as though they were also used in the feminine or neuter gender in all situations where they would so apply and whenever any words are used in this Agreement in the singular form, they shall be construed as though they were also used in the plural form in all situations where 23 As Approved by Board of Trustees, 9113113 they would so apply, and whenever any words are used in this Agreement in the plural form, they shall be construed as though they were also in the singular form in all situations where they would so apply. Section 510. CONFLICT. In resolving any conflict among provisions of this Agreement and in resolving any other uncertainty as to the meaning or intention of any provision of the Agreement, the interpretation that (i) causes the Trust Fund to be exempt from tax under Code Sections 115 and 501(a), and (ii) causes the participating Plan and the Trust Fund to comply with all applicable requirements of law shall prevail over any different interpretation. Section 511. NO GUARANTEES. Neither the Administrator nor the Trustees guarantee the Trust Fund from loss or depreciation or for the payment of any amount which may become due to any person under any participating Plan or this Agreement. Section 512. PARTIES BOUND; NO THIRD PARTY RIGHTS. This Agreement and the Trust Joinder Agreements, when properly executed and accepted as provided hereunder, shall be binding only upon the parties hereto, i.e., the Board of Trustees, the Administrator and the Participating Political Subdivisions. Neither the establishment of the Trust nor any modification thereof, nor the creation of any fund or account shall be construed as giving to any person any legal or equitable right against the Trustees, or any officer or employee thereof, except as may otherwise be provided in this Agreement. Under no circumstances shall the term of employment of any Employee be modified or in any way affected by this Agreement. Section 513. NECESSARY PARTIES TO DISPUTES. Necessary parties to any accounting, litigation or other proceedings relating to this Agreement shall include only the Trustees and the Administrator. The settlement or judgment in any such case in which the Trustees are duly served or cited shall be binding upon all Participating Political Subdivisions and upon all persons claiming by, through or under them. Section 514. SEVERABILITY. If any provision of this Agreement shall be held by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions of the Agreement shall continue to be fully effective. If any provision of the Agreement is held to violate the Code or to be illegal or invalid for any other reason, that provision shall be deemed to be null and void, but the invalidation of that provision shall not otherwise affect the trust created by this Agreement. [SIGNATURE PAGE FOLLOWS] 24 TRUST JOINDER AGREEMENT FOR PARTICIPATING POLITICAL SUBDIVISIONS IN THE VACo/VML VIRGINIA INVESTMENT POOL THIS TRUST JOINDER AGREEMENT is made by and between the City Treasurer of the City of Virginia Beach, Virginia (herein referred to as the "Treasurer"), the City of Virginia Beach, Virginia (herein referred to as the "Participating Political Subdivision"), and the Board of Trustees (herein collectively referred to as the "Trustees") of the VACo/VML Virginia Investment Pool (herein referred to as the "Trust Fund"). WITNESSETH: WHEREAS, the governing body of the Participating Political Subdivision desires to participate in a trust far the purpose of investing monies belonging to or within its control, other than sinking funds, in investments authorized under Section 2.2-4501 of the Virginia Code; and WHEREAS, the governing body of the Participating Political Subdivision has adopted an ordinance (a certified copy of which is attached hereto as Exhibit A) to authorize participation in the Trust Fund and has designated the Treasurer to serve as the trustee of the Participating Political Subdivision with respect to the Trust Fund and to determine what funds under the Treasurer's control shall be invested in the Trust Fund, and has authorized the Treasurer to enter into this Trust Joinder Agreement; and WHEREAS, the Trust Fund, in accordance with the terms of the VACo/VML Virginia Investment Pool Trust Fund Agreement (the "Agreement"), provides administrative, custodial and investment services to the Participating Political Subdivisions in the Trust Fund; and WHEREAS, the Treasurer, upon the authorization of the governing body of City of Virginia Beach, Virginia, desires to submit this Trust Joinder Agreement to the Trustees to enable the City to become a Participating Political Subdivision in the Trust Fund and a party to the Agreement. NOW, THEREFORE, in consideration of the mutual covenants and agreements flowing to each of the parties hereto, it is agreed as follows: 1. Pursuant to the Board of Trustees' acceptance of this Trust Joinder Agreement, the City of Virginia Beach, Virginia, is a Participating Political Subdivision in the Trust Fund, as provided in the Agreement, and the Treasurer is authorized to enter into this Trust Joinder Agreement, and to represent and vote the beneficial interest of the City of Virginia Beach in the Trust Fund in accordance with the Agreement. 2. Capitalized terms not otherwise defined in this Trust Joinder Agreement have the meaning given to them under the Agreement. 3. The Treasurer shall cause funds for deposit on behalf of the Participating Political Subdivision in the Trust Fund to be deposited into a depository designated by the Trustees. 4. The Treasurer shall timely remit, or timely approve the remittance of, subject to appropriation by the City Council, administrative fees as may be due and payable by the Participating Employer under the Agreement into a depository designated by the Trustees. 5. The Participating Political Subdivision shall have no right, title or interest in or to any specific assets of the Trust Fund, but shall have an undivided beneficial interest in the Trust Fund; however, there shall be a specific accounting of assets allocable to the Participating Political Subdivision. 6. The Treasurer shall provide to the Administrator designated by the Trustees all relevant information reasonably requested by the Administrator for the administration of the Participating Political Subdivision's investment, and shall promptly update all such information. The Treasurer shall certify said information to be correct to the best of his knowledge, and the Trustees and the Administrator shall have the right to rely on the accuracy of said information in performing their contractual responsibilities. 7. The Trust Fund provides administrative, custodial and investment services to the Participating Political Subdivision in accordance with the Agreement. 8. The Trustees and the Administrator, in accordance with the Agreement and the policies and procedures established by the Trustees, shall periodically report Trust activities to the Participating Political Subdivision on a timely basis. 9. The Treasurer and the Participating Political Subdivision agree to abide by and be bound by the terms, duties, rights and obligations as set forth in the Agreement, as may be amended by the Trustees, which is attached hereto and is made a part of this Trust Joinder Agreement. 10. The Treasurer, in fulfillment of his duties as the trustee of the Participating Political Subdivision, retains the services of the Investment Manager or Managers selected by the Trustees pursuant to the Agreement. 11. The term of this Trust Joinder Agreement shall be indefinite. The Treasurer may terminate this Trust Joinder Agreement on behalf of the Participating Political Subdivision by giving notice in writing to the Trustees. Termination shall be governed by the provisions of the Agreement. IN WITNESS WHEREOF, the Treasurer has caused this Trust Joinder Agreement to be executed this day of , 2014. 2 CITY TREASURER, John T. Atkinson Approved as to Legal Sufficiency: Office of the City Attorney *?** ACCEPTANCE: VACo/VML VIRGINIA INVESTMENT POOL Virginia Local Government Finance Corporation By: Administratar µ1 ,•'scs?` ??/?y yO?' '?' *Cti . ?4vv CITY OF VIRGINIA BEACH , AGENDA ITEM J ITEMS:1. A Resolution to Request that the Virginia Department of Transportation Designate the Lesner Bridge Replacement (CIP # 2-168) as a Revenue Sharing Program Project 2. An Ordinance to Accept and Appropriate State and Federal Funding from the Department of Transportation and to Transfer State and Local Funding within the Roadway Program to CIP # 2-168 MEETING DATE: February 25, 2014 ¦ Background: Capital Project # 2-168, "Lesner Bridge Replacement," requires additional funding to award the construction contract because the lowest bid received was approximately 19.5% above the estimated amount. Furthermore, after the City's FY 2013-14 CIP was adopted, VDOT allocated an additional $2,587,807 in Federal funding to the Lesner Bridge Replacement project. Appropriating this funding brings the City's total appropriations for the Lesner Bridge project from $99,514,406 to $102,102,213. In addition to the supplemental funding previously allocated by VDOT this fiscal year, an additional $14,443,851 is required to fund the full project cost of $116,546,064. Public Works has worked collaboratively with VDOT to develop a viable funding strategy to address the shortfall. State and local funding has been identified in two (2) existing Roadways projects that can be transferred to partially address the shortfall in the Lesner Bridge Replacement project. The following table outlines the source project and the amount available. The remaining $3,791,197 is anticipated to be provided by VDOT as additional State funding at a later date. State Funding Local Funding CIP # 2-018 - Major Intersection Improvements (Bonney Road/Kentucky Avenue Intersection $ 326,327 Improvements) CIP # 2-409 - Centerville Turnpike - Phase II $ 5,000,000 $ 5,326,327 Total $ 5,326,327 $ 5,326,327 The Bonney Road/Kentucky Avenue intersection project is complete. These remaining State Revenue Sharing Program funds are available for transfer. The Centerville Turnpike - Phase II Project is in the design phase. Transferring these funds will not impact the project schedule if the funds are replaced by FY 2016-17. ¦ Considerations: There are two items in this package. The resolution is a precondition to transferring state revenue sharing funds. The ordinance appropriates funds and transfers funds. This additional funding is needed in order to award the construction contract for the Lesner Bridge Replacement Project. The City will work to develop a strategy to replace funding for Centerville Turnpike to minimize impacts on the construction schedule. ¦ Public Information: Public information will be provided through the normal City Council agenda process. City Council was provided a brief in open session at its February 11t" informal session. ¦ Recommendations: Adopt the attached resolution and ordinance. ¦ Attachments: Resolution; Ordinance; Map Recommended Action: Approval Submitting Department/Agency: Public Works City Manager: k - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 A RESOLUTION TO REQUEST THAT THE VIRGINIA DEPARTMENT OF TRANSPORTATION DESIGNATE THE LESNER BRIDGE REPLACEMENT (CIP # 2-168) AS A REVENUE SHARING PROGRAM PROJECT WHEREAS, the bids received for the construction of the Lesner Bridge Replacement came in above the budgeted amount; and WHEREAS, the City must request Replacement project (CIP # 2-168) as a transfer funding. that VDOT designate the Lesner Bridge Revenue Sharing project to be eligible to NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the City of Virginia Beach City Council hereby requests that the Virginia Department of Transportation designate the Lesner Bridge Replacement project (CIP # 2-168) as a revenue sharing project to be eligible to transfer Revenue Sharing funding from other existing Revenue Sharing projects. 2. That the City Manager is hereby authorized to execute on behalf of the City of Virginia Beach all necessary project agreements for project development and construction. Adopted by the Council of the City of Virginia Beach, Virginia on the day of .2014. APPROVED AS TO CONTENT: -? _ ?--? Budget and Management Services APPROVED AS TO LEGAL SUFFICIENCY: - Ci r s0'e CA12887 R-2 February 13, 2014 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE STATE 2 AND FEDERAL FUNDING FROM THE VIRGINIA 3 DEPARTMENT OF TRANSPORTATION AND TO 4 TRANSFER STATE AND LOCAL FUNDING WITHIN THE 5 ROADWAY PROGRAM TO CIP 2-168 6 7 WHEREAS, the City Council was presented with a resolution to designate the 8 Lesner Bridge Replacement as a state revenue sharing project at the same meeting as 9 this ordinance; 10 11 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 12 VIRGINIA: 13 14 1. That $2,587,807 in additional pass-through federal funding from the Virginia 15 Department of Transportation is hereby accepted and appropriated, with federal 16 sources increased accordingly, to CIP # 2-168 -"Lesner Bridge Replacement;" 17 18 2. That $326,327 in state revenue sharing funding is hereby transferred from CIP # 19 2-018 -"Major Intersection Improvements" to CIP # 2-168 -"Lesner Bridge 20 Replacement;" and 21 22 3. That $5,000,000 in state revenue sharing funding and $5,326,327 in local funding 23 is hereby transferred from CIP # 2-409 -"Centerville Turnpike - Phase II" to CIP # 2- 24 168 - "Lesner Bridge Replacement." Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2014. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT Budget and Management ervices APPROVED AS TO LEGAL SUFFICIENCY: City rn 's office CA12894 R-1 February 13, 2014 . . . f "i ?`? `* ? I? i ,., ??J ? ? ??y 's{'•,"f?O / t ??1NOdna ? ca i . ? CITY OF VIRGINIA BEACH AGENDAITEM ITEM: An Ordinance to authorize Temporary Encroachments into a portion of City property known as "the Boat Basin" in Murray's Creek, located at the rear of 1138 Milissa Court, for property owner Sheila P. Eldridge MEETING DATE: February 25, 2014 ¦ Background: Sheila P. Eldridge has requested permission to maintain an existing gazebo and bulkhead, to install and maintain a proposed landscape buffer and to remove, reconstruct and maintain an open pile timber pier into a portion of City property known as "the Boat Basin" in Murray's Creek, located at the rear of 1138 Milissa Court. There are similar encroachments in Murray's Creek, which is where Sheila P. Eldridge has requested to encroach. ¦ Considerations: City Staff has reviewed the requested encroachments and has recommended approval of same, subject to certain conditions outlined in the Agreement. In accordance with the recommendations of City Council to help address water quality protection in conjunction with temporary encroachments onto City property, the requested encroachments have been reviewed by the Department of Planning/Environment and Sustainability Office. Staff is of the professional opinion that the establishment of a 15-foot-wide vegetated riparian buffer area, consisting of shrubs, miscellaneous ground cover and perennial plants in a mulched planting bed running the entirety of the shoreline, adjoining the applicant's property, is feasible and warranted to help reduce long-term water quality impacts associated with the existing and proposed encroachments. ¦ Public Information: Advertisement of City Council Agenda ¦ Alternatives: Approve the encroachments as presented, 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, Agreement, Plat, Pictures and Location Map Recommended Action: Approval of the ordinance. Submitting Department/Agency: Public Works/Real Estate City Manager: p ? 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF CITY 6 PROPERTY KNOWN AS "THE BOAT 7 BASIN" IN MURRAY'S CREEK, 8 LOCATED AT THE REAR OF 1138 9 MILISSA COURT, FOR PROPERTY lo OWNER SHEILA P. ELDRIDGE 11 12 WHEREAS, Sheila P. Eldridge desires to maintain an existing gazebo and 13 bulkhead, to install and maintain a proposed landscape buffer and to remove, 14 reconstruct and maintain an open pile timber pier upon a portion of City property known 15 as "the Boat Basin" in Murray's Creek, located at the rear of 1138 Milissa Court, in the 16 City of Virginia Beach, Virginia; and 17 ls WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 19 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 20 City's property subject to such terms and conditions as Council may prescribe. 21 22 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 25 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Sheila P. Eldridge, her heirs, 26 assigns and successors in title are authorized to maintain temporary encroachments for 27 an existing gazebo and bulkhead, to install and maintain a proposed landscape buffer 28 and to remove, reconstruct and maintain an open pile timber pier in a portion of existing 29 City property known as "the Boat Basin" in Murray's Creek, as shown on the map 30 marked Exhibit "A" and entitled: "EXHIBIT A ENCROACHMENT DRAWING SHOWING 31 OPEN PILE TIMBER PIER LOCATED IN MURRAY'S CREEK FOR SHEILA 32 ELDRIDGE 1138 MILISSA COURT VIRGINIA BEACH, VA 23464 LOT 18A, 33 SUBDIVISION OF LOT 18, BLOCK G, "SHERRY PARK", SECTION 3 MAP BOOK 30, 34 PAGE 5 SCALE: 1" = 50'-0" JULY 15, 2013," a copy of which is on file in the 35 Department of Public Works and to which reference is made for a more particular 36 description; and 37 38 BE IT FURTHER ORDAINED that the temporary encroachments are expressly 39 subject to those terms, conditions and criteria contained in the Agreement between the 40 City of Virginia Beach and Sheila P. Eldridge (the "Agreement"), which is attached 41 hereto and incorporated by reference; and 42 43 BE IT FURTHER ORDAINED that the City Manager or his authorized designee is 44 hereby authorized to execute the Agreement; and 45 46 BE IT FURTHER ORDAINED that this Ordinance shall not be in effect until such 47 time as Sheila P. Eldridge and the City Manager or his authorized designee execute the 48 Agreement. 49 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 50 of , 2014. CA-12739 R-1 PREPARED: 02/07/2014 APPROVED AS TO CONTENTS PUBLIC WORKS, REAL ESTATE APPROVED AS TO LEGAL SUFFICIENCY AND FORM OEYER, ITY ATTORNEY a-\ C) - DATE PUBLIC WORKS / REAL ESTATE DEPARTMENT / DIVISION 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 8th day of February, 2014, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and SHEILA P. ELDRIDGE, HER 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 18-A, Block G, Section 3", as shown on that certain plat entitled: "SUBDIVISION OF LOT 18, BLOCK "G" "SHERRY PARK" SECTION-3 KEMPSVILLE MAG. DIST., PRINCESS ANNE CO., VA. Scale: 1" = 100' June, 1960", prepared by FRANK D. TARRALL, Jr., a certified land surveyor for FRANK D. TARRALL, JR. & ASSOCIATES SURVEYORS & ENGINEERS NORFOLK, VA. - VIRGINIA BEACH, VA., and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 50, at page 25, and being further designated, known, and described as 1138 Milissa Court, Virginia Beach, Virginia 23464; WHEREAS, it is proposed by the Grantee to maintain an existing gazebo and bulkhead and to remove, reconstruct and maintain an open pile timber pier, collectively, the "Temporary Encroachments", in the City of Virginia Beach; and GPIN: (NO GPIN REQUIRED OR ASSIGNED TO CITY PROPERTY KNOWN AS "THE BOAT BASIN" IN MURRAY'S CREEK) 1456-18-6039-0000; (1138 Milissa Court) WHEREAS, in constructing and maintaining the Temporary Encroachments, it is necessary that the Grantee encroach into a portion of City property known as "the Boat Basin" in Murray's Creek, located at the rear of 1138 Milissa Court, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachments 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 Encroachments. It is expressly understood and agreed that the Temporary Encroachments will be constructed and maintained in accordance with the laws of the Commonweafth 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: Temporary Encroachments into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT A ENCROACHMENT DRAWING SHOWING OPEN PILE TIMBER PIER LOCATED IN MURRAY'S CREEK FOR SHEILA ELDRIDGE 1138 MILISSA COURT VIRGINIA BEACH, VA 23464 LOT 18A, SUBDIVISION OF LOT 18, BLOCK G, "SHERRY PARK", SECTION 3 MAP BOOK 30, PAGE 5 SCALE: 1" = 50'-0" JULY 15, 2013," 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 Encroachments from the Encroachment Area in the event of an emergency ar public necessity, and Grantee shall bear all costs and expenses of such ; emoval. 2 It is further expressly understood and agreed that the Temporary Encroachments herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachments 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 Encroachments. 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 Encroachments so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Civil Inspections Division of the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit"). It is further expressly understood and agreed that the Grantee shall establish and maintain a riparian buffer, as shown on Exhibit "A", dated July 15, 2013. The Buffer shall consist of a 15-foot-wide vegetated riparian buffer area, consisting of shrubs, miscellaneous ground cover and perennial plants in a mulched planting bed ru^rirg the en#irety of the shore!ine, adjoining the applicants p!'Op?t'ty of a size and 3 species of the Grantee's choice, (the "Buffer"). The Buffer shall not be established during the months of June, July, or August, so that it has the greatest likelihood of survivability. Prior to the City issuing a Permit, the Grantee must post a bond or other security, in an amount equal to the estimated cost of the required Buffer plantings, to the Department of Planning/Environment and Sustainability Office to insure completion of the required Buffer. The Grantee shall notify the Department of Planning/Environment and Sustainability Office when the Buffer is complete and ready for inspection; upon satisfactory completion of the Buffer as determined by the City, the bond shall be released. An access path, stabilized appropriately to prevent erosion, through the Buffer to the shoreline is allowed. 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 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 Encroachments. It is further expressly understood and agreed that the Temporary Encroachments 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 Are?, cPr±ified by a 4 registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachments 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 Encroachments 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 Encroachments; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachments are 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, Sheila P. Eldridge, the said Grantee, has caused this Agreement to be executed by her signature. 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 gy (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before rne this day of , 2014, by 1 CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2014, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to rne. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 B 4? .? Sheila P. Eldri ge, Owner STATE OF tf!" ?-- CITY/COUNTY to-wit: The foregoing instrument was acknowledged before me this 0 day of X , 2014, by Sheila P. Eldridge. ALIAKSANDR HUSEU Notary Public Commonwealth of Virginia -? 7364171 My Commission Expires 5ep 30, 201A ; Notary Public Notary Registration Number: 7-3 6 Ll /71 .? ? ?? C ? My Commission Expires: ? 0 r ?i? ?? / APPROVED AS TO CONTENTS SIGNATURE a- in- iq DATE PUBLIC WORKS / REAL ESTATE DEPARTMENT / DIVISION APPROVED AS TO LEGAL SUFFICIENCY AND FORM [1.9NA WARMEYER, ASSOC ATE CITY ATTORNEY 7 EXHIBIT A ENCROACHMENT DRAWING SHOWING OPEN PILE TIMBER PIER LOCATED IN MURRAY'S CREEK ALL WORK TO BE COMPLETED BY BARGE EXISTING EXISTING GAZEBO--- ? BULKHEAD FOR SHEILA ELDRIDGE 20 P 1138 MILISSA COURT VIRGINIA BEACH, VA 23464 LOT 18A, SUBDIVISION OF LOT 18, BLOCK G, "SHERRY PARK", SECTION 3 MAP BOOK 30> PAGE 5 SCALE: I" = 50'-0" JULY 15, 2013 0 50' 100' 15 ' CHARLES J. JOHNSON 1136 MiussA CT. sPiN: 1456185156 M.B. /144 Ps. 39 INSTRUMENT N0. 200501110005591 0\ 4D , ON ; ^ ?;. NEW 1200 S. F. BUFFER 3 ? P .% ? ?G - EXISTING ? s OPEN PILE TIMBER PIER TO BE REMOVED ? -SALT,.BUSH, SPARTINA AND URLAND WETLAND G RASSES\ PROPOSE? OPEN PILE , IMBER PIER? 0 \ \ ? ? 04 \\ C)N \ PROPERTY IS ZONED RIO N / ? ; , 1133 Miussa CT ?0 ? . FRANCISCUS & KATHLEEN 1132 MILISSA CT. i ? ?O? • ROLAF ROBERTA J. ADAMS GP N 1456184025 GPIN: 1456176924 i : M B 59 ' /l M. B. 5PJ . . PG I? ? ?, PAGE: 25 . DB. 3148 PG.381 4j DB. 2250 PG.121 ? ? ? \1 / ?167, EXISTING SALT BUSHES & TREES SHALL BE LIMBED UP / TRIMMED AS REQUIRED FOR MORE SUN EXPOSURE IN R= 50' / THE NEW BUFFER AREA. L = 24'02' Miussa CouRT MU9#9UH9 U9.9@ 1138 Milissa Court W ? ? 0) M O ? 00 ? co ? ? ? V) W ?p~ N L`o N ? ? ? aa ??DU o cl, ? ? E- w ? aNcO ? OW Q= J J ? O ? 0 a Q O¢=?a ? 0 ; 0 ? M o ? ? d ? Z O O LT ? W g `?. ? ??.. !J •,\?/ ? ? \ ?---_ ?' ? - Cl) ? i ? m ? w -?•?.?? 1-64 as p ? o ? a G ? c IL _ ?' cl aq ,g"?^"^°?", ry rX7 ??Q7 Y3 ? S? 7r ?UayvX?F i•5????`_? *4 4w CITY OF VIRGINIA BEACH ? AGENDA ITEM ITEM: An Ordinance to Transfer Funds from Capital Project #3-137, Various Buildings Rehabilitation and Renewal - Phase III, to Pay for Costs Associated with the Relocation of the Department of Economic Development and Strategic Growth Area Office MEETING DATE: February 25, 2014 ¦ Background: For the past 12 years, the City of Virginia Beach Department of Economic Development has been located in Town Center at 222 Central Park Avenue. The Strategic Growth Area Office (SGA) has also occupied space in the building since August 2010. The office space has been leased from Armada Hoffler Holding Company. In October 2012, City Council agreed to terms in the Town Center Phase V Agreement for the relocation of the Department of Economic Development and SGA Office into the newly constructed Clark Nexsen Building (4525 Main). As a part of the Phase V Agreement, the City, through its Department of Economic Development, will lease an entire floor. Hampton University has a lease agreement to expand its present footprint into the current space used by the Department of Economic Development. The SGA Office moved last fall to accommodate a portion of Hampton University's expansion on the 10t" floor. In the new Clark Nexsen Building, both the Department of Economic Development and SGA Office will occupy the 7t" floor. The Department of Economic Development will occupy 10,432 square feet, the SGA office will occupy 5,167 square feet, and the remaining usable space will house the proposed Innovation Center at 1,856 square feet. Total rentable square feet including the core areas (e.g., hall ways, bath rooms, mechanical rooms, elevators shafts, etc.) will be 23,112 square feet. Based on the current construction schedule, it is anticipated that the offices will relocate to the new building in early July 2014. This item provides the funding needed to accommodate the relocation. ¦ Considerations: The total estimated cost of moving is $523,003 ($379,085 for Economic Development and $143,918 for SGA). This includes the build-out costs, fiber support network, a communal computer server, networking hardware, data and phone wiring, telephones, moving existing computer equipment, the physical move of office fixtures and boxes, audio visual installation, office furniture, miscellaneous equipment needs, public works connections, and a 10% contingency. To cover these costs, the Department of Budget and Management Services has identified capacity in capital project 3-137, Various Buildings Rehabilitation and Renewal-Phase III, to transfer funds to the FY 2013-14 Operating Budgets of the Department of Economic Development and the SGA Office. These funds will need to be restored to the Capital Project in FY 2014- 15 to maintain the project's schedule of building renovations. ¦ Public Information: Public information will be provided through the normal Council agenda process. ¦ Attachments: Ordinance; Attachment A: Economic Development Department and SGA Office move cost estimates Recommended Action: Approval Submitting Department/Agency: Department of Economic Development and t SGA Office City Manager. .-?? Attachment A: Economic Development & SGA Office Move Budget Economic Development SGA Information Technology: Hardware (Server & Phones) $55,850 $32,250 Public Works Communications $20,000 $10,000 Computer & Copier Equipment Move $1,900 $1,200 Total IT Cost Estimate $77,750 $43,450 Other Contractual Services: Build Out Clark Nexsen - Services Physical Move Additional AV Equipment Purchase & Installation Miscellaneous Equipment Additional Office Furniture & Equipment New Cubicles Stationary Replacement Total OCS Cost Estimate 10% Contingency Total Moving Cost Estimate $142,647 $61,135 $22,550 $0 $10,432 $7,500 $38,900 $13,000 $5,000 $5,000 $14,824 $0 $30,520 $0 $2,000 $750 Total $88,100 $30,000 $3,100 $203,782 $22,550 $17,932 $51,900 $10,000 $14,824 $30,520 $266,873 $87,385 $354,258 $34,462 $13,083 $47,545 $379,085 $143,918 $523,003 1 2 3 4 5 6 7 8 9 10 11 12 13 14 AN ORDINANCE TO TRANSFER FUNDS FROM CAPITAL PROJECT #3-137, VARIOUS BUILDINGS REHABILITATION AND RENEWAL - PHASE III, TO PAY FOR COSTS ASSOCIATED WITH THE RELOCATION OF THE DEPARTMENT OF ECONOMIC DEVELOPMENT AND THE STRATEGIC GROWTH AREA OFFICE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: That $523,003 is hereby transferred from Capital Project #3-137, Various Buildings Rehabilitation and Renewal - Phase III, to the FY 2013-14 Operating Budget of the Department of Economic Development ($379,085) and the Strategic Growth Area Office ($143,918) to pay for costs associated with the relocation of offices. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2014. APPROVED AS TO CONTENT: APPOROVED AS TO LEGAL SUFFICIENCY: 2-0 Ll?y f Budget and Management A City tt ' ice CA12893 R-1 February 10, 2014 77 fti ? ? ?`-9yt? {uL «5t ? ?4?v`? CITY OF VIRGINIA BEACH _ AGENDA ITEM , ITEM: An Ordinance to Appropriate $513,050 in Fund Balance from the School Site Landscaping Internal Service Fund to the Department of Parks and Recreation MEETING DATE: February 25, 2014 ¦ Background: The City provides landscape services for 93 school sites through the School Site Landscaping Internal Service Fund. This fund accumulates a year-end fund balance primarily due to personnel vacancies. The Landscape Management Administrator has requested, and School Administration supports, the use of $513,050 from the fund balance of this internal service fund for specific projects listed below. A more detailed description of the projects is provided in the attached memorandum from the Landscape Services Administrator. ¦ Considerations: The following projects have been approved by the School Administration and will address conditions at various school sites: 1. Playground Safety Improvements (surfacing removal and replacement) at 7 sites ($106,050) 2. Replacement of Birdneck Elementary Early Discoveries playground ($25,000) 3. Replacement of 3 basketball courts at Green Run Elementary with concrete courts to correct playability issues ($57,000) 4. Replacement of 1,500 cubic yards of ball field clay ($30,000) 5. Replacement of 2 crew cab trucks with snow plows ($230,000) 6. Additional funding for full utilization of health care costs ($65,000) - Due to the manner in which the City budgets for health care (13.3% of salary), this budget unit is running a deficit for these costs. No additional coverage is being provided, this will simply allow for full funding of these costs. ¦ Public Information: Public information will be coordinated through the normal City Council agenda process ¦ Recommendation: Approve the attached ordinance ¦ Attachments: Ordinance; Memorandum from Landscape Management Administrator detailing the proposed projects Recommended Action: Approval Submitting Departmer}?ency: Parks and Recreation Department/Landscape Management Division City Manager. k . ? VBgor-.coitn 4141 D1M NECK Roao VIRGENIA BEACH, VA 23456-5786 INTER-OFFICE MEMORANDUM DATE: February 10, 2014 TO: Dale Holt, Assistant Superintendent - Urginia Beach Cify Public Schools FROM: qql Frank Fentress, Landscape Management Administrator 11 SUBJECT: Use af 613[nternal Service Fund Net Assets fior FY 2013-14 As yota know, the year end fund balance for 11049 - Grounds Services accumulates in a 613 Interna! Servioe Fund aceount af fhe end of each fiscal year. The fund balance is made up largely of salary and fringe benefifis surpluses at the end of each fiscal ysar due to employee turnover and entry-level vacancies in Grounds Services_ IIVe are requesting your approval to use $513,050 from the net assets in the 613 Internal Service Fund to pay for some unforeseen personnel benefit cosfs, specific safety projec#s and equipment replacements that we cannot afford ta do otherwise in FY 2013-14. The specific requests and amounts are lisfed below. 602301 Health insurance Net Fringe Benefits Deficit for FY 2013-14 $65,000 603209 - General Maintenance and Repair P[ayground Safety [mprovements • 7 playgrounds at $15,150 each - Phase IV o# a multi-year program for safety surfacing renovation and ADA accessibility improvements for playgrounds at $106,050 various school sites • Replace Birdneck Elementary Early Discoveries playground ' $25,000 • Replace 3 asphalt basketball courts at Green Run Elementary with concrete $57,000 courts to correct playability issues and improve safety 606427 - Recreational Supplies (1500) Cubic Yards of Ballfield Clay {cut r'rom budget in FY 2G12-13} $20 / Yd.3 $30,000 607105 - Replacement of Mofior Vehicles and Equipment Tnacks, 97,500 GVW, Crew Cab with Snow Plow and Salt (2) $115,000 $230,000 Spreader to repface 141316 ana 141473 Totai FY 2013-14 Nef Assets Request $513,050 DEPARTMENT OF PARICS AND RECREATION LAPiDSCAPE MANAGEMENT DNISION 757-W5-4461 FAX (757) 427-1835 TDD (757) 427-4305 Memorandum to Dale Hoft Page Two February 10, 2014 Below is a brief explanation o# the projects: • Budgeted funding for Health Insurance in the current year is not sufficient ta cover the projected costs. This amounfi wil[ ensure that our employee benefits accounts will not be overdrawn for FY 2013-14. A multi-year playground safety surface replacement program started in 2010. Accessibility, safety surfacing and drainage systems at thirty-five playgrounds at elementary school sites have been renovated thus far, including complete replacement of the playground at Cooke Eiementary. Phase iV addresses seven more elementary school playgrounds. New drainage systems, in addition to removal and repfacement of playground base materials and engineered wood fber, will help ensure that nationaf safety standards are met while prolonging the life expectancy ofi the toy structure. ADA accessible walkways are also being installed with these renovations. The existing Early Discoveries p[ayground at Birdneck Elementary School was turned over to Schools Landscaping for rriaintenance several years ago. This playground was constructed using recycled plastic lumber and does not match the quality or safety guidelines of many of the o#her Early Discoveries playgrounds. The playground structure will be completely replaced with updafied, safer equipmenf. A new drainage system, renovated engineered wood fiber safefiy surfacing and ADA accessible walkway will alsa be installed to bring the playground up to current safefy standards. • The asphaft basketball courts at Green Run Elementary are in terrib(e shape. They have been repeatedly patched, and it is a very uneven playing surface with wide cracks. The courts will be replaced with concrete courts to improve playability and student safety. • The infield clay will allow Schools Landscaping to make safety improvements at all schools with baseball and/or softball fields. Due to budgetary limitations, all funding for infield clay was removed #rom the Schools Landscaping budgef in FY 2012-13. This material will be used to grade infields on alf fields to hefp improve drainage and ensure player safety. • All vehicles lisfed for replacement have met requirements established by the City's Fleet ' Management Division for replacement and are essential to aur Schools Landscaping operation. Funding will reduce repair costs, minimize downtime, and help to ensure effective service delivery. Below are some detaiEs about these fleet assets: Asset Make/Mode! Purchase Lifetime ln/Out M`?e Ip Cost Re?aairs Service 2000 GMC 3504 Taken out of 141316 Heavy Duty Crew N/A N/A NIA service Cab Dump 4/4132 141473 2001 Ford F350 $34 504 $29 319 - 650 In Service 112 Crew Cab Dump , , , Memorandum to Dale Holt Page Three February 10, 2014 We are recommending that funding be utilized from the 613 Internal Service Fund ta accomplish these priorities. lf the fringe benefits are not funded through this request, we would transfer current operating funds to cover the deficif, which would make ifi impossible far us to address priority issues for fhe rest of this fiscal year. In [ieu of Internal Service funding for the projects and fleet replacements, the alternatives are either delaying these projects and replacements until they can be funded through the normal budget process or that these projects and replacements not be done at all. We feel that these, especially not doing these projects and replacements, will result in deficiencies in maintenartce and safety at a number of school sites. We look forward to your favorable response. Please feel free to contact me should you need more informa#ion or clarification to evaluate these requests. FLF/jfb cc: Maile Hi4denbrand Symsi Houser David Walker Jonathan Hobbs 1 AN ORDINANCE TO APPROPRIATE $513,050 2 IN FUND BALANCE FROM THE SCHOOL SITE 3 LANDSCAPING INTERNAL SERVICE FUND 4 TO THE DEPARTMENT OF PARKS AND 5 RECREATION 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 That $513,050 is hereby appropriated from the fund balance of the School Site 9 Landscaping Internal Service Fund, with specific fund reserves increased accordingly, 10 to the Parks and Recreation Department's Landscape Management Division to execute 11 landscape projects at various school locations. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2014. 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 s ice Budget and_Management Servic s Ci y Att py' CA12876 R-2 February 14, 2014 {Jt f?f ?? +.ayp.ac*?a•a •?:,,,,,?• CITY OF VIRGINIA BEACH , AGENDA ITEM , ITEM: An Ordinance to Appropriate Funds to Provide an Interest-Free Loan to the Plaza Rescue Squad for the Purchase of a New Ambulance MEETING DATE: February25, 2014 ¦ Background: The ten volunteer rescue squads in the City of Virginia Beach provide invaluable services to our community. The volunteer rescue squads own all the ambulances providing 911 emergency medical transportation services in the City of Virginia Beach. They receive no direct tax funding for their operating costs to provide these services and do not charge patients for the medical treatment and/or transportation rendered. The primary source of revenue for the volunteer rescue squads is through their individual squad fund drives, conducted annually. Depending on the availability of funds, the City provides some support costs for the rescue squads, such as providing standard equipment for the ambulances, physical facilities and spaces to house and support equipment and personnel, paying utility bills for facilities housing a rescue squad, providing or paying for property and liability insurance for facilities used to operate the volunteer emergency medical transport, providing or paying for fuel for ambulances, zone cars and other emergency service vehicles, providing or paying for insurance covering ambulances and other emergency service and support vehicles owned by the rescue squads, providing adequate staff and budget for volunteer EMS recruitment and retention programs, providing initial and continued training and education of volunteers, and providing shift supervision. Also, the City of Virginia Beach has historically provided short term, no interest loans to the volunteer rescue squads servicing our citizens. The majority of these loans have been to provide initial capital for the acquisition of replacement ambulances. The Plaza Volunteer Fire Company and Rescue Squad, Inc. (Plaza Rescue) requests an interest-free loan from the City for an ambulance that will be an addition to their existing fleet of four ambulances. The cost of the replacement ambulance is $209,500. The Plaza Rescue was awarded a state Rescue Squad Assistance Fund Grant totaling $117,878.50, which when combined with donations, reduced the loan request to $90,000. ¦ Considerations: This agenda request includes a letter from the Plaza Rescue Squad requesting the loan. If approved by Council, the Plaza Rescue loan is $90,000 payable in three equal annual payments of $30,000 each with the first payment due on March 1, 2015. There is sufficient fund balance in the General Fund to cover this cost. ¦ Public InfQrmation: Information will be disseminated through the regular Council agenda notification process. ¦ Alternatives: The alternative to this request is to pursue a business loan from a private financial institution, which will be costlier and will cause the rescue squad to further delay purchase of the replacement ambulance. ¦ Recommendations: The Department of Emergency Medical Services recommends approval of this loan request and ordinance. ¦ Attachments: Ordinance; Loan Agreement; Promissory Note; Letter from the Plaza Rescue Squad. Recommended Action: Approval Submitting Department/Agency: Department of Emergency Medical Services City Manager. ? k "'? ?? 1 AN ORDINANCE TO APPROPRIATE FUNDS TO PROVIDE 2 AN INTEREST-FREE LOAN TO THE PLAZA RESCUE 3 SQUAD FOR THE PURCHASE OF A NEW AMBULANCE 4 5 WHEREAS, the Plaza Volunteer Fire Company and Rescue Squad, Inc. ("Plaza 6 Rescue Squad") has requested an interest free loan of $90,000 to purchase a replacement 7 ambulance with estimated cost of $209,500. 8 9 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 10 VIRGINIA BEACH, VIRGINIA: 11 12 1. That $90,000 is hereby appropriated from the fund balance of the General Fund for 13 an interest-free loan to the Plaza Rescue Squad for a portion of the purchase price of a 14 new ambulance; and 15 16 2. That this loan is to be repaid by Plaza Rescue Squad over three (3) years, pursuant 17 to the terms of the attached agreement and promissory note. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2014 Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT ?k-J a? "?J & Budget and Management Servi es APP GAL SUFFICIENCY: CA 12888 R-2 February 17, 2014 Agreement between the City of Virginia Beach and the Plaza Volunteer Fire Company and Rescue Squad, Inc. THIS AGREEMENT is made and entered into this day of , 2014, by and between the CITY OF VIRGINIA BEACH, VIRGINIA ("CITY") and the Plaza Volunteer Fire Company and Rescue Squad Inc., a Virginia nonstick corporation ("RESCUE SQUAD"), in accordance with the provisions of Code of Virginia §§ 27-15.2 and 27-23.6. WHEREAS, the RESCUE SQUAD maintains equipment and personnel for emergency medical services within the City of Virginia Beach; and WHEREAS, the RESCUE SQUAD desires to provide the CITY with qualified and certified volunteer personnel and equipment to provide emergency medical services, and WHEREAS, the CITY hereto desires to support the volunteer emergency medical services in Virginia Beach provided by the RESCUE SQUAD; and WHEREAS, it is mutually deemed sound, desirable, practicable, and beneficial for the parties to enter into this agreement to render support and services to one another in accordance with these terms. WITNESSETH For and in consideration of the mutual promises and covenants set forth herein, and for other valuable consideration related to the acquisition of a vehicle, the parties enter into the following agreement as defined below: RESPONSIBILITIES OF THE CITY A. Provide a no interest loan for the purchase of the vehicle. B. Provide standardized equipment required for operations within the City including, but not limited to mobile communications devices, pagers, and map books. C. Provide or pay for insurance covering emergency service and support vehicles owned by the RESCUE SQUAD. D. Provide fuel for the vehicle. E. Provide all vehicle maintenance and inspection services, including payment of the annual maintenance fee, in support of the vehicle through the CITY's Division of Automotive Services, so long as the vehicle remains a CITY-insured vehicle. The Division of Automotive Services shall maintain maintenance records and allow the RESCUE SQUAD's officers access to those records. RESPONSIBILITIES OF THE RESCUE SQUAD A. The RESCUE SQUAD shall repay the loan for the vehicle according to the Promissory Note. The RESCUE SQUAD shall have the ability to request reasonable relief on the due date/amount should extenuating circumstances occur. This request shall be made to the EMS Chief no less than 30 days prior to the payment due date, and the EMS Chief may provide an extension not to exceed six months upon a written determination that the extension is the result of extenuating circumstances. No more than one extension shall be granted without authorization from the City Council. B. If the vehicle is sold, after satisfying all conditions of the loan, including repayment, the CITY-owned equipment shall be removed and returned to the CITY prior to the sale of the vehicle, unless prior arrangements have been made to reimburse the CITY for the fair market value of the CITY-owned equipment. C. If, notwithstanding the provisions of subsection E in the prior section, the RESCiIE SQUAD elects not to use the services of the CITY's Division of Automotive Services for any and all maintenance and inspection services, it shall be the responsibility of the RESCUE SQUAD to maintain the vehicle in accordance with the manufacturer's recommended maintenance schedule and procedures. The RESCITE SQUAD shall pay for all necessary maintenance and repairs and shall only use repair shops that are acceptable to the EMS Chief. DEFAULT AND MODIFICATION A. In the event that the RESCUE SQUAD defaults on the loan, the CITY may in its sole discretion agree to a modification of this agreement, in accordance with the modification procedure set forth in the next subsection. If the parties do not agree in writing to a modification of this agreement, then, upon default of the loan, ownership of the vehicle shall revert to the CITY. The CITY shall provide a rebate to the RESCUE SQUAD based on the net difference between the fair market value of the vehicle and the unpaid portion of the loan. If the CITY and the RESCUE SQUAD are unable to agree upon the fair market value of the vehicle, the parties shall select a third party who is acceptable to both the CITY and the RESCUE SQUAD to determine the vehicle's fair market value. B. This agreement may be reviewed at any time upon the direction of the City Manager. Each party must agree in writing to any subsequent modifications. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. CITY OF VIRGINIA BEACH PLAZA VOLUNTEER FIRE COMPANY AND RESCUE SQUAD, INC. City Manager/Authorized Designee ATTEST: City Clerk By: _ Title: Date APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Virginia Beach EMS Chief City Attorney's Office APPROVED AS TO RISK MANAGEMENT: Virginia Beach Risk Management 2 PROMISSORY NOTE $90,000 Virginia Beach, Virginia February 26, 2014 FOR VALUE RECEIVED, Plaza Volunteer Fire Company and Rescue Squad, Inc. ("Maker") promises to pay, without offset, to the order of the City of Virginia Beach, ("Noteholder") at Municipal Center, Virginia Beach, VA, or such other place as Noteholder may designate in writing, the principal sum of NINETY THOUSAND DOLLARS ($90,000) together with interest thereon. From the date of this Note, interest on the unpaid principal balance shall accrue at the rate of ZERO Percent (0%) per annum. Payment on principal shall be as follows: On or before March 1, 2015 -$30,000 On or before March l, 2016 -$30,000 On or before March 1, 2017 -$30,000 This note may be prepaid in whole or in part without penalty. Any such prepayments shall be applied to principal. If the Noteholder has not received the full amount of the annual payment by the end of 15 calendar days after the date it is due, Maker will pay a late charge to the Noteholder. The amount of the charge will be 15% of any overdue payment of principal. Maker will pay this late charge promptly but only once on each late payment. If Maker does not pay the full amount of each annual payrnent on the date it is due, Maker will be in default, and the entire principal amount hereof, together with all accrued interest and late charges, shall become immediately due and payable at the option of the Noteholder. Failure to exercise this option upon any default shall not constitute or be construed as a waiver of the right to exercise such option subsequently. Presentment, demand, protest, notices of dishonor and of protest, and all defenses and pleas on the ground of any extension or extensions of the time for payrnent or of the due dates of this note, the release of any parties who are or may become liable heron, in whole or in part, before or after maturity, with or without notice, are waived by the Maker and are jointly and severally waived by any endorsers, sureties, guarantors and assumers hereof. It is further agreed by each of the foregoing parties that they will pay all expenses incurred in collection this obligation, including reasonable attorney's fees, if this obligation or any part hereof is not paid when due. WITNESS the following signature(s). Plaza Volunteer Fire Company and Rescue Squad, Inc. (SEAL) Title: Date: P'laza VoZunteer Rescue Squad Post Office Bnx 2128 Firginiu Bear{x, r1rginiu 23450 It`ESGL;E 16 385-2864 -91?P A Fixv (757) 431-5379 BO* Servitrg llze Crin+nzreniYa= Since 1962 January 31, 2014 Division Chief Jason Stroud Virginia Beach Department of EMS 477 U?king Drive, Suite 130 Virginia Beach, VA 23452 Chief Stroud: Enclosed is a letker addressed ta Chief Edwards requesting an interest free loan from the City of Virginia Beach. VVe are requesting assistance with the purchase of an additionaE ambulance for the Plaza Volurtteer Rescue Squad. Please note that caur request does not include funding for an additional Physio-Control LifePak 15 (12 lead), or a Stryker Pawer-Pro XT streficher. We wil'I utilize the Li#ePak 15 (3 lead) from Squad 16 and a surplus Pro-MX stretcfier on the new additic?n to the fleet. We have secured a Uirginia Rescue Squad Assistance Fund grant to contribution to the purehase of the ambuiance, S#ryker Stair-Pra and the required communicationslcomputer equipment. Piease reach out ta us for any additional infarma#ion regarding the laan request. RespectFuliy, Z?? Christopher Flario, NREMT-B Rescue Captain Plaza Volunteer Rescue Squad, lnc. Pla!za Volunteer Rescue Squad Posr affiee Box 2128 Yirginia Beach, flirb inia 23450 RESCI.rE 16 385=2864 Fmr {75 7} 43I-53 74 Seri=ing the Cummuradty.5itzce 1963 January 31, 2014 Chief Bruce Edwards Virginia Beach Department of EMS 477 Viking Drive, Suite 130 0lirginia Beach, VA 23452 Chief Edwards: I am writing an beha(f of the Pfaza Volunteer Rescue Squad to request a na-interest loan from the City af Virginia Beach, The loan witl be used for the purchase of a new ambulance for our rescue squad. This ambulance will be a new addition to our current fleet af four arribulances and is vital to the expansion and staffing of our squad. Backctround • In 2012 we were dispatched to 6008 calis far service and transpQrted vver 4000 patients. # Each ambulance was dispatched #o an average of 1500 calls for 2012 adding to increased down time for preventive maintenance and mechanica[ issues. • C}ur aging fleet of ambufances averaged over 200 days ofi down-time in 2012, vuhich necessikated the reseheduling of uolunteers wha wers otherwise wiiling and ab[e tn provide pre-haspital emergency care. • Increased call volume in the city caf Virginia Beach has prompted Virginia Beach EMS to provide EMS correrage at non-EMS fire s#ations adding mileage and the accampanying wear and tear on our fleet. ?ire Plaza Rescue voiunteers provide increas?ed EMS coverage at three Virginia Beach Department statinns which d4 not have resident ambulance companies. As a result, ourvolunteers in 2012 siaffed an additional 265 secand orthird run ambulances, creating complicated shift change 14gistics when spare arnbulances are no# avai[able far our first run area. The addifi4n of a fifth ambulance wnuld decrease the number of cafEs per unit per year, a!{ow for a"reserve" ambulance to accommodate increased staffing or unit maintenance, Pluza Vvliinteer Rescue S'quad PUst a??? Box 2128 Hrginid Beacli, rirginiu 23450 RESC'CIE 16 3$5-2864 Fax (75 7) 431-5379 Servirag ttre C"remnuerrity Sirrce 1462 Chief Bruce Edwards January 31, 2014 and alfow for a be#ter unit rotation to minimize wear and tear an each unit. Due #o the increase in members' staffing of additiona{ trucks, we are unabls to consistently provide dedicated day, night, second-run and reserve units, further exacerbating maintenance requ+rements and comp[icating shift changes, fiorcing crews coming on duty to wait for ambulances that were assigned remate focations during the previous shift. At best, this delays response time; at worst, it farces a qualifed volunteer crew out of senrice due an out-af-service unit. An additional ambulance would aIlow Pfaza to grow #o meet Qur members' and patients' needs by alfowing continuous staffing during times of heavy demand while maintaining a main#enance schedule that eactends the service life of all of our ambuiances. With the c[ear need far an additionai unit, the membership of Plaza has moved to purchase a fifth ambulance. Piaza Rescue anticipates having the new unit in service by the end of the 2014 if this praject is fulky funded. It is understaod fihat the new unit wili have ta meet cerfain standards promulgated by bath the Virginia Beach Department of Emergency Medical Services and the Virginia t7ffice of Emergency Medical Services. Recognizing the cost of adding an additivnal unit to the flee#, we have found a funding gap and utilized several grant oppartunities #o help complete this projeet. On January 1, 2014 our agency was awarded a Rescue Squad Assistance Fund grant from the Virginia QfFice of'Emergency Medical Services in the amount of $117,878.50 to apply tc+ the purchase of the new ambulance and we have included a copy of the award notifiication with this request. In adciition, The Uirginia Beach Rescue Squad Foundation, 1nc. on Deeember 12, 2013, awarded our agency a$10,Ct00.00 grant to be used toward the purchase of s#ate required equipment fo equip the new ambulancs. The remainder of the estimated expense wouEd be paid from this requested grant and from the rescue squad donations directly. Reg.uest We are requesting a no-interest loan in the amount of nineiy-thousand doflars ($90,000,00}, to assist in #unding fhis project. Plaza wauld repay this loan in three annual instalEments of thirty thousand dollars ($30,000.00). The reques#ed amount is based on the fvllowing: Page 2 Pla,za Vol'unteer Rescue Squad nosr Office Bor 2128 rtrgirtia Beactr, rtrginia 23450 RESC+LrE 16 385 2864 Fu.,v (7i7) 431-5379 SeMteg tht C'otnnaunio Sinee I962 Chief Bruce Edwards January 31, 2014 Estimated price of new ambufance $209,500.00 Estimated price of communication/radio equipment $23,572.00 Estimated price of supplies and 5trylcar stair chair $13,685.00 Balance (estimated costs) $246,757.00 VA C?EMS RSAF grant ($117,878.50) Virginia Beach Rescue Squad Foundation grant {$10,000.0p) Balanoe (less current grants) $118,878.50 City af Virginia Beach na-interest loan request $90,000.04 Plaza Rescue donatian manies tc? be used (approximate) $28,87$.50 Other abliqations P'laza Volunteer Rescue Squad has oniy an interest-free seventy-five thousand dollar ($75,000.00) loan for fhe re-chassis of ambulance number 1623. This laarr is currenfi and will be satisfied in #uE1 in 2095; Thank you for the consideration of our request and sponsoring it for action by the Virginia Beach City Council. Should you require any furfiher infiarmaticrn, please con#act us with any questions. Respectfully, Christopher Flario, NREMT-B Rescue Captain Plaza VQlunteer Rescue Squad, Inc. Page 3 < x,?..: ? °sr d, CITY OF VIRGINIA BEACH AGENDA ITEM . ITEMS: An Ordinance to Accept and Appropriate Grant Funds and to Transfer Funds for the Purchase of Cardiac Monitor Upgrades, LUCAS CPR Devices, and Automatic External Defibrillators MEETING DATE: February 25, 2014 ¦ Background: The General Assembly established the Four-for-Life program for the purpose of providing financial assistance to volunteer rescue squads and municipal EMS agencies. As required by state law, the Four-for-Life collects four additional dollars on each state automobile license purchased annually. Twenty-five percent of these funds collected are returned to the municipality through the Rescue Squad Assistance Fund Grant Program for equipment and supplies intended to enhance rescue/medial capabilities. These funds are shared among volunteer rescue squads, career medics, and firefighters to increase medical proficiencies and to enhance training and equipment. The Virginia Department of Health, Office of Emergency Medical Services has awarded the City's Department of Emergency Medical Services a grant of approximately $74,842 to purchase: 10 cardiac monitor upgrades from 3-lead to 12-lead, three LUCAS (Lund Hospital Cardiac Arrest System) automated CPR devices, and twenty automatic external defibrillators (AEDs). A local match is required, and it accounts for 50% of the cost to acquire these items. The 3-lead to 12-lead cardiac monitor (EKG) upgrades will enable EMS to provide the highest standard of care by ensuring that additional 12-lead EKG monitors are available on rescue squad ambulances. The three LUCAS automated CPR devices will be deployed strategically throughout the City to maximize potential for using this life saving equipment. The twenty AEDs will be allocated to the Virginia Beach Police Department in order to replace twenty of their outdated AEDs used in patrol vehicles. ¦ Considerations: The State Four for Life funds are governed by state law and may be used to purchase additional or enhanced equipment or training needs. The funds may not be used to off-set or supplant current services. The funding for the local grant match of approximately $74,842 is available in the General Fund Reserve for Contingencies. As of February 4, 2014 the balance in the General Fund Reserve for Contingencies is $341,083 if this request is granted. ¦ Public Information: Information will be disseminated through the regular Council agenda notification process. ¦ Recommendation: Approve the attached ordinance. ¦ Attachment: Ordinance Recommended Action: Approval r ? Submitting Department/Agency: Department of Emergency Medical Services , City Manager: . 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 GRANT FUNDS AND TO TRANSFER FUNDS FOR 3 THE PURCHASE OF CARDIAC MONITOR 4 UPGRADES, LUCAS CPR DEVICES, AND 5 AUTOMATIC EXTERNAL DEFIBRILLATORS 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA THAT: 9 10 1) $74,842 is hereby accepted from the Virginia Department of Health, Office 11 of Emergency Medical Services, and appropriated, with estimated state revenues 12 increased accordingly, to the FY 2013-14 Operating Budget of the Department of 13 Emergency Medical Services for costs of cardiac monitor upgrades, LUCAS CPR 14 devices and related accessories, and automatic external defibrillators; and 15 16 2) $74,842 is hereby transferred from the General Fund Reserve for 17 Contingencies to the FY 2013-14 Operating Budget of the Department of Emergency 18 Medical Services to provide the local grant match. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2014. APPROVED AS TO LEGAL SUFFICIENCY: Requires an affirmative vote by a majority of all member of the City Council. APPROVED AS TO CONTENT ,....... .. (\ Budget and Management Services City Attorn e CA12890 R-1 February 5, 2014 ?, ,Ar?a. r?• \`?'??y1 qxA'a .l `" .trv CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Grant Funds from Smart Beginnings South Hampton Roads for the Early Learning Challenge Grant Initiative MEETING DATE: February 25, 2014 ¦ Background: Smart Beginnings South Hampton Roads (SBSHR) has approved a fifth year of funding for Virginia Beach Department of Economic Development/GrowSmart (VB GrowSmart) to administer the Early Learning Challenge (ELC) Grant Initiative for the City of Virginia Beach. SBSHR, in partnership with the Hampton Roads Community Foundation and the Batten Educational Achievement Fund of the Hampton Roads Community Foundation, will have invested a total of $2.5 million over five years in matching ELC grants to the five communities of South Hampton Roads for implementation of their collaborative action plans. The total award amount for Virginia Beach for Year Five is $20,000, which will be used to support the Early Education Small Business Training Program, administered by the Small Business Development Center (SBDC) of the Hampton Roads Chamber of Commerce. For the prior four years of the grant cycle, the City of Virginia Beach received an ELC grant award from SBSHR in the amounts of $165,750, $154,250, $100,000, and $60,000, respectively, and provided the required grant matches. Acceptance of Year Five ELC grant funds will allow the City to build upon these successes and strengthen established partnerships to improve the quality care, healthy development and school readiness of young children. ¦ Considerations: This five-year grant required a local match of $500,000 over the life of the grant. Year five of this ELC grant encompasses the period from January 1, 2014 through December 31, 2014, which spans City fiscal years of FY 2013-14 and FY 2014-15. Over $180,000 has been identified as matching resources for year five, per the grant agreement. Matching funds have been designated within the VB GrowSmart operating budget and funds spent by other City departments (e.g., VBCPS and Virginia Beach Public Libraries) on activities that support the above initiatives. ¦ Public Information: Public information will be handled through the normal Council agenda process. The Grant Agreement sets forth additional public announcements and media communications requirements with which the department will comply. ¦ Recommendations: Accept and appropriate grant funds for Smart Beginnings. ¦ Attachments: Ordinance; Attachment A(Accomplishments in Grant Year Four) Recommended Action: Approval ? Submitting Department/Agency: Department of Economic Development,?' City Managera k "`? ? ATTACHMENT A ACCOMPLISHMENTS OF THE EARLY LEARNING CHALLENGE GRANT - YEAR 4 The following are accomplishments of Year Four (Calendar Year 2013) of the ELC grant: Four childcare centers were sponsored by the City to participate in Smart Beginning's Quality Rating and Improvement System (QRIS). QRIS defines standards and creates a framework for accountability and acts as a consumer education tool for families. An additional four centers are in the pipeline to participate by June 2014, for a total of eight centers in FY2013-14. This represents a 100% increase over the previous fiscal year. 2. Six Virginia Beach child care centers completed courses offered by the Small Business Development Center (SBDC) to learn skills in business management, marketing and finance. Center owners and directors attended monthly classes and received regular one- on-one mentoring from a small business consultant, who developed an individualized action plan for each center. As a result of participation in the program, the centers experienced an average revenue increase of 18% and an average enrollment increase of 36%. All centers produced sustainable business plans, computerized accounting systems and updated websites and logos. An additional 17 childcare centers, which participated in the program during years one through three, received support, mentorship, and training on an as- needed basis. All of these services were provided to the centers free-of-charge. 3. Five early education professionals from sites that participate in the Quality Rating and Improvement System received scholarships to Tidewater Community College to continue their professional development in the field of early childhood education and development. 4. GrowSmart, Virginia Beach City Public Schools, Virginia Beach Parks and Recreation, the Virginia Beach Public Library, and YMCA-Early Discoveries collaborated to present two series of kindergarten transitions workshops in the spring and fall of 2013. Over 200 educators from both VBCPS and public and private preschools attended the training. The goal of the workshops was to provide information that will allow preschool and kindergarten teachers to align curricula to better prepare children to transition from preschool to kindergarten. 5. The Excellence in Children's Early Language and Literacy (ExCELL) program, run by the Virginia Literacy Institute of Virginia Commonwealth University, was expanded to five classrooms in three Virginia Beach preschools in 2013. This program utilizes best practices in teacher professional development and coaching, classroom environment, and family literacy to ensure children from at-risk backgrounds develop crucial foundational language and literacy skills. 6. To date, over 3,200 children and families have been positively impacted by participation in GrowSmart-sponsored programs and initiatives. 7. The Virginia Beach GrowSmart Policy Board met to oversee these efforts and will continue to identify opportunities to leverage, sustain and advocate for the initiatives. 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS FROM SMART BEGINNINGS SOUTH HAMPTON 3 ROADS FOR THE EARLY LEARNING CHALLENGE 4 GRANT INITIATIVE 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 That $20,000 is hereby accepted from Smart Beginnings South Hampton Roads 10 and appropriated, with estimated revenue increased accordingly, to the FY 2013-14 11 Operating Budget of the Department of Economic Development for the Early Learning 12 Challenge Grant Initiative. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2014. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: Budget and Management Servic s CA12891 R-1 February 6, 2014 APPROVED AS TO LEGAL SUFFICIENCY: L. PLANNING 1. Application of GRAHAM REAL ESTATE, LL / KCLB, LLC DISTRICT 1 - CENTERVILLE a. Amendment to Green Run PDH Plan to allow development of a mini-warehouse (self- storage) b. Variance to the Subdivision Ordinance, Section 4.4(b), to create a new parcel at 1545 Lynnhaven Parkway RECOMMENDATION APPROVAL 2. Application of CROWN CASTLE USA, INC. for a Relocation of a Nonconforming Structure (communication tower) at Meadow Ridge Lane DISTRICT 7 - PRINCESS ANNE RECOMMENDATION DEFER TO APRIL 8, 2014 3. Application of R& J RETAIL INVESTMENTS, INC. for Modification of Conditions re a service station and car wash (approved December 13, 1988 and Modified August 26, 1991) at 5765 Northampton Boulevard DISTRICT 4 - BAYSIDE RECOMMENDATION APPROVAL 4. Application of ADVENTURE SPORTS PARK, LLC/KAMPGROUNDS OF AMERICA, INC. for Modification of a Conditional Use Permit re ADDING outdoor recreation (Paintball Park) (approved December 8,1969) at 1304 and 1252 Prosperity Road DISTRICT 6 - BEACH RECOMMENDATION APPROVAL 5. Application of MAHESH GOPINATH (applicant) and KELHAM PROPERTIES, LLC (owner) for a Conditional Use Permit re Vocational (dental assisting) Training School at 405 South Parliament Drive DISTRICT 2 - KEMPSVILLE RECOMMENDATION APPROVAL 6. Application of LUCILA A. FIGUEREO for a Conditional Use Permit for a Home Family Child Daycare at 2021 Manassas Run DISTRICT 1 - CENTERVILLE RECOMMENDATION APPROVAL 7. Application of WITCHDUCK COURT, LLC Modification of a Conditional Change of Zoning re Proffer No. 4(fencing) at 527 North Witchduck Road DISTRICT 4 - BAYSIDE RECOMMENDATION APPROVAL 8. Application of HOME ASSOCIATES OF VIRGINIA, INC. for a Conditional Change of Zonin from AG-1 Agricultural to Conditional R-15 Residential at 1864 Indian River Road (Deferred December 10, 2013) DISTRICT 7 - PRINCESS ANNE RECOMMENDATION APPROVAL 9. Application of HIF, LLC; HIC, LLC; MACH ONE, LLC for a Modification of a Conditional Change of Zoning (approved April 11, 1995 and Modified October 11, 2011) re development of a retail building at 3877 Holland Road DISTRICT 3 - ROSE HALL RECOMMENDATION APPROVAL 10. Applications of HOFD ASHVILLE PARK, LLC / ELBOW FARMS ASSOCIATES, DISTRICT 7 - PRINCESS ANNE: a. Conditional Change of Zoning from AG-1 Agricultural and AG-2 Agricultural to PD-1-12 (P- 1 Preservation) to preserve natural open space at 3049 New Bridge Road b. Modification of Proffers of a Conditional Change of Zoning (approved May 10, 2005 and Modified February 14, 2012) to ADD the lot at 3049 New Bridge Road RECOMMENDATION INDEFINITE DEFERRAL 11. Applications of the City of Virginia Beach to: a. ADD Article 22, Sections 2200 through 2212 ESTABLISHING the Central Business Core District b. AMEND the Official Zoning Map re "CBC Central Business Core District" c. ADD, AMEND, REORDAIN, REPEAL or RENUMBER certain Sections to CONFORM to the provisions of Article 22 of the City Zoning Ordinance (CZO) re conformance d. AMEND the Pembroke Strategic Growth Area 4 Implementation Plan and the Policy Document of the Comprehensive Plan e. AMEND and REORDAIN Sections 5.5, 5.613 and 5.14 of the Site Plan Ordinance applicable to property within the District f. ESTABLISH Transition Rules for the review of Site Plans, Subdivision Plats and other Plans for development g. AMEND Section 33-114.3 re encroachments by outdoor cafes, etc., within certain Zoning Districts h. AMEND Section 401 re farm stands in Agricultural Districts RECOMMENDATION APPROVAL ? r`Qf r T ?:v? „ `A1 S'NOTICE OF PUBLIC HEARING 7he regular meeting of the City Council of the City of Virginia Beach will be held in the Council Chamber of the Ciry Hall Building, Municipal Center, Virginia Beach, Virginia, on Tuesday, February 25, 2014 at 6:00 P.M., at which time the following applications will be heard: CIN OFVIRGINIA BEACH - CBC / Zoning Maps Ortlinance to Amend the Official Zoning Map by Changing the Zoning District Classification of Certain Property to "CBC Central Business Core District."CITY OF VIRGINIA BEACH - CBC / Article 22 - An Ordinance to Add a New Article 22, Consisting of Sections 2200 through 2212, to the City Zoning Ordinance. CITY OF VIRGINW BEACH - CBC / Conforming Provisions Ordinance to Add, Amend, and Reordain, Repeal or Renumber Certain Sections of the City Zoning Ordinance so as to Conform to the Provisions of Article 22 of the City Zoning Ordinance (Establishing the CBC Central Business Core District and Setting Forth the Regulations Pertaining to Such District). CIiY OF VIRGINIA BEACH - CBC / Pembroke SGA Plan Ordinance to Amend the Pembroke Strategic Growth Area 4 Implementation Plan and the Policy Document of the Comprehensive Plan by Revising Maps of the Pembroke Strategic Growth Area and Amending the Descriptions of the Central Business District/ Core Area and the Central Business District/ Waterfront Area. CIiY OF VIRGINIA BEACH - CBC / Site Plan Exceptions Ordinance to Amend and Reordain Sections 5.5, 5.68 and 5.14 of the Site Plan Ordinance, Pertaining to Exceptions in Districts Intended to Implement Strategic Growth Area Plans. CITY OFVIRGINIA BEACH - CBC/ Transition Rules Ordinance Establishing Transition Rules for the Review of Site Plans. Subdivision Plats and Other Plans of Development for Property in the CBC Central Business Core District. BEACH - DISTRICT 6 ADVENTURE SPORTS PARK, LLC / KAMPGROUNDS OF AMERICA, INC. Application: nnndifirafion of Conditional Use Permit (campground) approved December 1969. Request is to add paintball and laser tag as outdoor recreational activities on a portion of the campground at 1304 Prosperity Road & 1252 Prosperity Road (GPINS 2415889903 [portion oi] & 2415882856 [portion of]). KEMPSVILLE - DISTRICT 2 MAHESH GOPINATH / KELHAM PROPERTIES, LLC Application: Conditional Use Permi for vocational (dental assisting) training school at 405 S. Parliament Drive (GPIN 1466499573). PRINCESS ANNE - DISTRICT 7 HOME ASSOCIATES OF VIRGINIA, INC. Applicatiorr. Conditional Chanee of Zonin2 from AG-1 Agricultural to Conditional R-15 Residential. Proposal for 6 single-family dwellings (1 unit/acre). Site is within the Comprehensive Plan Transition Area (maximum density of 1 unit/acre) at 18641ndian River Road (GPIN 2413225595). HOFD ASHVILLE PARK, LLC / ELBOW FARMS ASSOCIATES Application: Conditional ?nan_ _?e of Zoning from AG-1 Agricultural and AG-2 Agricultural to PD-H2 (P-1 Preservation). Request is preserve as natural open space an 87-acre parcel as part of the development of GPINS 2413475609 and 2413165292 (Ashville Park) aY 3049 New 8ridge Road (GPIN 2413636727). HOFD ASHVILLE PARK, LLC Application: Modification of Proffers of a Conditional Rezonine (approved on 5/10/2005 antl modified on 2/14/2012). Request is to add to the development parcel the lot located at 3049 New Bridge Road (GPIN 24136367270) and to modify the overall development plan. Proposed residential density is 1.085 units per acre. Comprehensive Plan - Transition Area (maximum residential density of 1 unit per acre) on the north and south sides of Ashville Park Boulevartl (GPINs 2413475609; 2413165292). CROWN CASTLE USA, INC. Application: Alteration to a rvonconrorming acrucwre (communication tower) on the rear portions of the lots at 2225, 2229, 2231, 2233, and 2237 Meadow Ridge Lane (portions of 1474952333; 14 7 49 5 2 149; 1474952058; 1474943936). CENTERVILLE - DISTRICT 1 LUCILA A. FIGUEREO Application: Cnndirional s P.rmit for a Famiry Chiid Daycare Home with a maximum of 12 children at 2021 Manassas Run (GPIN 1454782902). GRAHAM REAL ESTATE, LL / KCLB, LLC Application: AmPndmant rn Green Run PDH Plan. Proposal is for a modification of the Green Run Land Use Plan to allow development of a mini-warehouse (self-storage). Variance to the Subdivision r in n, Section 4.4(b), to create a new parcel with 70 feet of frontage instead of 100 feet as required at 1545 Lynnhaven Parkway (portion of 6PIN 1485582232). R0.SE HALL - DISTRICT 3 HIF, LLC; HIC, LLC; MACH ONE, LLC Application: Modification of Conditional R n n (approved by the City Council on 4/11/95 antl modified on 10/11/11). The requested modification will allow development of a retail building (approx. 4000 SF). Comprehensive Plan - Suburban Area at 3877 Holland Road (GPIN 1486246493). ` 0 N ? I ? i ? a¦ ? Is ! ? ; ? ? W J J ? ? W? ?i W ? M ? C ? ? ? i t`. ? lx a? j b ? J ai ? ? i ? I L: ?.. ? N v i ? tm ' ? ? O I g ' ? ? ? 0 r ? 4 d ? eo ? O ? ? ? C O ? u ? .? ? .? N ,?•? y ?? 5; 04 ?? ?se., •.., ?t S; CITY OF VIRGINIA BEACH AGENDAITEM ITEM: GRAHAM REAL ESTATE, LL (Applicant) / KCLB, LLC (Owner), (a) Amendment to Green Run PDH Plan. Proposal is for a modification of the Green Run Land Use Plan to allow development of a mini-warehouse (self- storage). (b) Variance to the Subdivision Ordinance, Section 4.4(b), to create a new parcel with 70 feet of frontage instead of 100 feet as required. 1545 Lynnhaven Parkway (portion of GPIN 1485582232). CENTERVILLE DISTRICT. MEETING DATE: February 25, 2014 ¦ Background: The applicant is requesting an Amendment to the Green Run Land Use Plan to permit development of the subject site with a three-story, 82,000 square foot, self-storage facility. This vacant site is designated for commercial development in the Green Run Land Use Plan, which was approved by the City Council in the 1970's. The applicant is also requesting a Subdivision Variance to create a parcel that will be deficient in lot width. ¦ Considerations: The concept plan depicts a 2.51-acre site that the applicant proposes to subdivide into two parcels: Parcel CM-2-A, consisting of 0.88 acre and Parcel CM-2, consisting of 1.63 acres. Parcel CM-2 is the proposed location of the self- storage facility. Parcel CM-2 is depicted with 70 feet of lot width, which 30 feet less than the minimum required by the Zoning Ordinance. A single ingress- egress easement from Lynnhaven Parkway is proposed. That easement will serve both parcels, as well as existing easements on the property, which provide internal vehicular access throughout the subject site and between the adjacent commercial parcels to the west and east. Those cross-parcel easements were platted during the original establishment of these lots for commercial purposes. Due to the existence of existing ingress/egress easements between this site and adjacent parcels, the placement of two buildings with equal frontage is challenging, and according to the applicant, the financial arrangement necessary to develop the self-storage facility requires separation of ownership for the two parcels. Based on these facts, Parcel CM-2 is configured as proposed with just 70 feet of frontage, necessitating the Subdivision Variance request. Graham Real Estate, LLC Page 2 of 3 The proposed building elevations depict a contemporary design with exterior building materials of brick, Exterior Insulation Finishing System (EIFS), and metal wall panels. Details such as corner "towers," canopies, and a brick base add to the architectural interest of the building. A monument-style sign with a brick base that is complementary to the design and materials of the building is depicted on the plan. The sign is subject to approval by the Board of Zoning Appeals, as freestanding signs are not permitted where lot width is deficient. Additional details pertaining to the site and building design, as well as the operation of the facility are provided in the attached staff report. There was no opposition to the request. ¦ Recommendations: The Planning Commission, passing a motion by a recorded vote of 9-0-1, recommends approval of this request to the City Council with the following conditions: Except as modified by any other condition of this land use plan amendment or as necessary to comply with applicable City development ordinances and standards, when the property is developed, it shall be in substantial conformance with the site layout entitled, "Conceptual Layout for Amendment to the Land Use Plan for Parcel CM-2 at 1545 Lynnhaven Parkway," prepared by MSA, PC, dated 12-2-12, including the increased buffer of 20 feet along the rear of the property and noting that the ingress/egress shall comply with the Public Works Standards and Specifications and the proposed driveway shall either be located entirely on this site or the encroachment depicted on said plan be formalized by recordation of a plat. Said plan has been exhibited to the Virginia Beach City Council and is on file in City of Virginia Beach Planning Department. 2. Except as modified by any other condition of this Use Permit or as necessary to comply with applicable City ordinances and building codes, the self-storage building shall be constructed in substantial conformance with elevations depicted on the exhibits in this report titled, "Lynnhaven Self Storage," prepared by GMF Architects, dated October 31, 2013. Said elevations have been exhibited to the Virginia Beach City Council and are on file in the City of Virginia Beach Planning Department. 3. Existing plant material along the northern property line shall remain intact. In the event it is removed due to decline, disease or hazard, the buffer shall be replanted as required by the City of Virginia Beach Landscaping Guide within a 20-foot wide buffer area. 4. All exterior lighting shall be low intensity and residential in character and shall overlap and be uniform throughout the parking area. Per Section 237 Graham Real Estate, LLC Page3of3 of the City Zoning Ordinance, all outdoor lights shall be shielded to direct light and glare onto the self-storage premises; said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. Any outdoor lighting fixtures shall not be erected any higher than 14 feet. A Lighting Plan and/or Photometric Diagram Plan shall be submitted during detailed site plan review. Said plan shall include the location of all pole- mounted and building-mounted lighting fixtures, and the listing of lamp type, wattage, and type of fixture. All lighting on the site shall be consistent with those standards recommended by the Illumination Engineering Society of North America. The plan shall include provisions for implementing low-level security lighting for non-business hours. 5. No freestanding sign shall be installed without approval by the Board of Zoning Appeals of a variance allowing a freestanding sign. 6. The self-storage units shall be used only for storage of goods. The units shall not be used for office purposes, band rehearsals, residential dwellings, or any other purpose not consistent with the storage of goods. 7. There shall be no exterior storage of motorized vehicles or inoperable vehicles on the property. 8. No barbed wire, razor wire, or any other fencing devices shall be installed on the roof or walls of the building or any fence on the property. ¦ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: , ?i, ? CENTERVILLE r? DH1t ! i ? ? PDH1 Vi Ll1lQlll l%GAm L' JLALC, L.L•?.• ; RwemaN Elemmtarv ?.? Schdol ? PDH1 • ? c ?? _ ?- -i - - T 7 ? i m . O .,,.....« % pomi RD114 IaDH1 c? H w-w »+w c«aw»#_V.., or. s?_. Modificstion ro the Lend Use Plan (G?een RunJ Subdivisan Variance 4 January 8, 2014 Public Hearing APPLICANT: GRAHAM REAL ESTATE, LLC PROPERTY OWNER: KCLB, LIC STAFF PLANNER: Carolyn A.K. Smith REQUEST: Amendment to the Green Run Land Use Plan for a self-storage facility Subdivision Variance to Section 4.4(b) - lot width ADDRESS / DESCRIPTION: 1545 Lynnhaven Parkway GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14855822320000 CENTERVILLE 1.63 acres Less than 65 dB DNL BACKGROUND / DETAILS OF PROPOSAL The applicant is requesting an Amendment to the Green Run Land Use Plan to allow a three-story, 82,000 square foot, self-storage facility on this site. The applicant is also requesting a Subdivision Variance to create a parcel that is deficient in lot width for the self-storage operation. This vacant site is designated for commercial development in the Green Run Land Use Plan, which was approved by the Virginia Beach City Council in the 1970's. The concept plan depicts a 2.51-acre site to be subdivided into two sites: Parcel CM-2-A is proposed with 0.88 acres and Parcel CM-2, where the self-storage facility is planned, is proposed with 1.63 acres. Parcel CM-2 is depicted with 70 feet of lot width, 30 feet less than the minimum required by the Zoning Ordinance. A single ingress/egress is proposed that will serve both parcels. Existing easements on the property provide internal vehicular access throughout the site and between the adjacent commercial parcels to the west and east. An expanded buffer on the self-storage site is proffered to provide greater screening and distance between the proposed building and the existing townhouses to the north. No doors are proposed along the rear of the building, unless otherwise required by the Building Official's Office. The mechanical equipment is sited along the western faCade, away from the existing dwellings. Similar to many development projects within Green Run, stormwater will be directed into the Green Run GRAHAM REAL ESTATE, LLC Agenda Item 4 Page 1 canal system. Further scrutiny of the stormwater management strategy and other site plan details will be reviewed during the Development Services Center's review process. The proposed building elevations depict a contemporary design with exterior building materials of brick, Exterior Insulation Finishing System (EIFS), and metal wall panels. Details such as corner "towers," canopies and a brick base add to the architectural interest of the building. A monument-style sign with a brick base complementary to the design and materials of the building is depicted on the plan. The sign is subject to approval by the Board of Zoning Appeals, as freestanding signs are not permitted where lot width is deficient. The typical hours of operation are proposed as 5:00 a.m. to 10:00 p.m., seven days a week. LAND USE AND COMPREHENSIVE PLAN Existing Lot: The existing lot is 2.51 acres and the applicant proposes to divide the property into two sites: Parcel CM-2 with 1.63 acres and Parcel CM-2-A will 0.88 acres. Parcel CM-2, the site with the proposed self-storage facility, is proposed with only 70 feet of lot width, 30 feet below the minimum required. In order to legally create this parcel, a Subdivision Variance is required. Proposed Lots: It is the intent of the applicant to subdivide 1.63 acres from the site to be developed with a self-storage facility. Lte]1 ReAmkoA Parcel CM-2 Parcel CM-2-A Lot Width in feet 100 70" 181.12 Lot Area in acres 0.45 1.63 0.88 *Variance required EXISTING LAND USE: Undeveloped vacant site SURROUNDING LAND North: . Townhomes / PD-H1 District USE AND ZONING: South: . Lynnhaven Parkway • Townhomes / PD-H1 District East: . Office, restaurant / PD-H1 District West: . Fuel sales, convenience store / PD-H1 District NATURAL RESOURCE AND The property is vacant and grassed. There are no significant CULTURAL FEATURES: environmental nor does there appear to be any important cultural resources on the site. COMPREHENSIVE PLAN: The Comprehensive Plan identifies this site as being located within the Suburban Area. The general planning principles for the Suburban Area focus on preserving and protecting the overall character, economic value, aesthetic quality of the stable neighborhoods, and reinforcing the suburban characteristics of commercial centers and other non-residential areas that comprise part of the Suburban Area. Achieving these goals requires that all land use activities either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability, and effective buffering with respect to type, size, intensity and relationship to the surrounding uses. GRAHAM REAL ESTATE, LLC Agenda Item 4 Page 2 IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP1: Lynnhaven Parkway is a four-lane, divided, urban arterial. The Comprehensive Plan identifies Lynnhaven Parkway as a six-lane roadway; however, there are no Roadway CIP projects slated for this roadway section. TRAFFIC: Street Name Present Volume present Capacity Generated Traffic Lynnhaven 42,200 ADT 27,300 ADT (Level of Existing Land Use - Parkway Service "D") - 31,700 76 ADT ADT' (Level of Service Proposed Land Use 3 "E" - 206 ADT Average Daily Trips Zas defined by 1.63 acres of PD-H1 3 as defined b 82,380 s.f. self-stora e facilit WATER: This site must connect to City water. There is an existing 20-inch City water transmission main and an existing six-inch City water main extending from Lynnhaven Parkway. There is an existing six-inch City water main along Windmill Point Crescent and an existing six-inch City water main along Crescent Point Lane. SEWER: City sanitary sewer service is available to this site. There is an existing 36-inch HRSD sanitary sewer force main along Lynnhaven Parkway. There is an existing eight-inch sanitary sewer gravity main extending from Crescent Point Lane. This site must connect to City sanitary sewer. Analysis of Pump Station 554 and the sanitary sewer collection system is required to ensure future flows can be accommodated. Section 9.3 of the Subdivision Ordinance 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. GRAHAM REAL fSTATE,:tLC Agenda Item 4 Page 3 EVALUATION AND RECOMMENDATION The existing 2.51-acre site could easily support two uses as it does have sufficient land area and frontage along Lynnhaven Parkway to create two parcels. Due to the existence of existing ingress/egress easements between this site and adjacent parcels, the placement of two buildings with equal frontage is challenging, and according to the applicant, the financial arrangement necessary to develop the self- storage facility requires separation of ownership for the two parcels. Based on these facts, Parcel CM-2 is proposed with just 70 feet of frontage, necessitating the Subdivision Variance request. A single, shared ingress/egress and an existing one-foot no ingress/egress easement along Lynnhaven Parkway will ensure orderly and safe transitions in and out of the sites. The Green Run Land Use Plan specifically designates this property for commercial development; however, an amendment to the plan is required for the self-storage use. The Comprehensive Plan's Development Guidelines for Suburban Areas address both site and building design. It is Staff's opinion that the project is generally consistent with these Guidelines and the land use policies of the Comprehensive Plan. A brief summary of the applicable Guidelines is provided below. • Access and Circulation - A shared, single ingress/egress along Lynnhaven Parkway is planned. An internal vehicular circulation system within the development site and between adjacent commercial uses is shown on the development plan via existing and additional proposed cross access ingress/egress easements. • Landscape Design Techniques - An expanded Category IV buffer of 20 feet is proposed on the site, maintaining the healthy and effective screening already in place. • Lighting - A condition is recommended that a photometric plan be submitted during site plan review and that no lighting be placed along the northern fagade. • Signage - The submitted sign has a design that is consistent in color and theme with the primary building; however, as the proposed parcel is deficient in lot width, approval from the Board of Zoning Appeals is required for a free-standing sign on this site. • Orientation - The building is appropriately located with parking to the front of the building and a landscaped buffer to the rear. • Pedestrian Movement - An effective cross access easement for vehicular ingress/egress is provided, but no pedestrian circulation system is shown on the plan within this PDH-1. Based on the fact that this use is typically a destination, pedestrian movement from this parcel to others in the vicinity or vice versa is less likely. • Building Design - The proposed three-story building is higher than the surrounding commercial and residential building heights. A two-story structure would be more compatible; however, the applicant has upgraded the rear elevation and provided some architectural features to break up the massive expanse of blank wall adjacent to the existing dwellings. The building elevations and materials proposed are attractive and high quality and complement the new, surrounding commercial buildings. GRAHAM REAL ESTATE, tLC Agenda Item 4 Page 4 Staff recommends approval of the Subdivision Variance and the Amendment to the Green Run Land Use Plan, as conditioned below. CONDITIONS Except as modified by any other condition of this land use plan amendment or as necessary to comply with applicable City development ordinances and standards, when the property is developed, it shall be in substantial conformance with the site layout entitled, "Conceptual Layout for Amendment to the Land Use Plan for Parcel CM-2 at 1545 Lynnhaven Parkway," prepared by MSA, PC, dated 12-2-12, including the increased buffer of 20 feet along the rear of the property and noting that the ingress/egress shall comply with the Public Works Standards and Specifications and the proposed driveway shall either be located entirely on this site or the encroachment depicted on said plan be formalized by recordation of a plat. Said plan has been exhibited to the Virginia Beach City Council and is on file in City of Virginia Beach Planning Department. Except as modified by any other condition of this Use Permit or as necessary to comply with applicable City ordinances and building codes, the self-storage building shall be constructed in substantial conformance with elevations depicted on the exhibits in this report titled, "Lynnhaven Self Storage," prepared by GMF Architects, dated October 31, 2013. Said elevations have been exhibited to the Virginia Beach City Council and are on file in the City of Virginia Beach Planning Department. 3. Existing plant material along the northern property line shall remain intact. In the event it is removed due to decline, disease or hazard, the buffer shall be replanted as required by the City of Virginia Beach Landscaping Guide within a 20-foot wide buffer area. 4. All exterior lighting shall be low intensity and residential in character and shall overlap and be uniform throughout the parking area. Per Section 237 of the City Zoning Ordinance, all outdoor lights shall be shielded to direct light and glare onto the self-storage premises; said lighting and glare shall be deflected, shaded, and focused away from all adjoining property. Any outdoor lighting fixtures shall not be erected any higher than 14 feet. A Lighting Plan and/or Photometric Diagram Plan shall be submitted during detailed site plan review. Said plan shall include the location of all pole-mounted and building-mounted lighting fixtures, and the listing of lamp type, wattage, and type of fixture. All lighting on the site shall be consistent with those standards recommended by the Illumination Engineering Society of North America. The plan shall include provisions for implementing low-level security lighting for non-business hours. 5. No freestanding sign shall be installed without approval by the Board of Zoning Appeals of a variance allowing a freestanding sign. 6. The self-storage units shall be used only for storage of goods. The units shall not be used for office purposes, band rehearsals, residential dwellings, or any other purpose not consistent with the storage of goods. 7. There shall be no exterior storage of motorized vehicles or inoperable vehicles on the property. 8. No barbed wire, razor wire, or any other fencing devices shall be installed on the roof or walls of GRAHAM REAL ESTATE, iLC ;Agenda Item 4 Page 5 the building or any fence on the property. NOTE: Further conditions may be required during fhe administration of applicable City Ordinances and Standards. Any site p/an submitted with this application may require revision during detailed site p/an review to meet all applicable City Codes and Standards. All applicab/e permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of P/anning / Permits and /nspections 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 Environmenta/ Design (CPTED) concepts and strategies as they pertain to this site. GRAHAM REAL ESTATE, LLC Agenda Itam 4 Page 6 .? ? A?? ? AERIAL OF SITE LOCATION I I GRAHAM h o? ? x $ m N % Y ?io ?1Cm?.-V'v?l Kn6p6n ob ^ ? 40Kx _? ??SS N 1/?N ?i?! q mVIK'fQ 22f ??Hm°a°nE+? ?Y.a o^m ?o .°? ? x*m°a°arc R t _rn JNV Qe> _d? h Pcu.. =NO °o rcoa`o'" P p `oa f NNJ? O oQ p?ujn NJ ? 00 ?m "oa` a` u o ?? oz ? .o <Fapu ? oozqnna uu°is Cur o?uur a?zC?? Q°?m A?'I houwa`a` 3IN h - ------? --------- ? a$W s3 awnx.3 . R L - ? _ --- ? ----- ?--?- - x o n ?- - ?. ? ?? ?? ??r ??? ? ?i? ? ?'•? y ??? IY. ui Al o ? ? ? ???\? rc > < / ?\ ? 'o z > ? x \ \ \ \ \ ? i\Nt CR i' ? m z wwL(l a za?? Oa?> PROPOSED SITE PLAN AND SUBDIVISION (CONDITION 1) GRAHAM REAL ESTATE, LLC Agenda Item 4 Page 8 (S) W' I- ' Q° U O (S) Q + ? 5 (D W L7 Q ? ;0 ;F ?N ? O y, =J o W 4 ; N Y > : W Z ? Y = r y > 6 [ 17 m Qz > a d I 14 N " ^ o =m r Z? s • z J ? D Z 0 n n _ o 0 } Q b h ¢ 111 ! U a J-> o PROPOSED BUILDING ELEVATION (CONDITION 2) - view from southwest BE?,'..;• GRAHAM REAL ESTATE, LLC Agenda Item 4 Page 9 . _ , ? ? ? WL ? r ? Q ? U O (S) Q + LL 2 CD W E9 Q ? ?0 A ? W I ffi . Yl ? 0 LL ? W 4 ; N ? y a - ? Z Y I ,:?'•.._rtP F [ u W4e > n! n Q _ y> O ?. W >I N ? 7 I I ? Y ! 0 Z Z m ? W a Z z s `o }to .° ¢ n t u a J-> o PROPOSED BUILDING ELEVATION (CONDITION 2) - view from southeast ?GRAHAM REAL ESTATE, LLC Agenda Item 4 Page 10 m ?=. I 1 r' I ??¦?rg?'_? A .' :.. ; ; . .' - : . ! . ? .h ilA t Au PROPOSED BUILDING ELEVATION (CONDITION 2) - view from rear ? GRAHAM REAL ESTATE, LLC Agenda Item 4 Page 11 ZONING HISTORY # DATE REQUEST ACTION 1 10/10/00 04/13/99 Modification to the Land Use Plan (auto service station) Modification to the Land Use Plan auto service station Granted 2 12/05/95 Modification to the Land Use Plan car wash Denied 3 02/27/89 Modification to the Land Use Plan auto service station Denied GRAHAM REAL ESTATE, LLC Agenda Item 4 Page 12 APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the fol(owing: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Aifach lisf if necessary) Graham Real Estate, LLC: W. Whitney Graham, Managing Member 2. List al( businesses that have a parent-subsidiary' or affiliated business entw relationship with the applicant: (Attach list if necessary) London Bridge Self Storage, LLC; AEG-SG, LLC; AEG London Bridge, LLC; Graham Family Partnership, LLC; Warwick Self Storage, LLC; The Storage Group, LLC; AEG Capital, LLC; Fourth Wheel, LLC ? Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applrcant If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partnets, etc. be(ow: (Aifach list if necessary) KCLB, LLC: Wayne M. McDermott & Dee McDermott 2. List alt businesses that have a parent-subsidiary' or affitiated business entity2 relationship with the applicant: (Attach list if necessary) ? Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes No X If yes, what is the name of the official or employee and the nature of their interest? DISCLOSURE STATEMENT (Amendment to Land Use Plan) GRAHAM REAL ESTATE, LLC Agenda Item 4 Page 13 ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) Sykes, Bourdon, Ahern & Levy, P.C.; MSA, P.C.; GMF & Associates - architectural Hines Design - architectural; Cushman & Wakefield/Thalhimer Harvey Lindsay Commercial Real Estate; The Rabco Corporation; Zuckerman & Associates, Ltd. '"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 Govemment Conflict of In#erests Act, Va. Code § 2.2-3141. 2"Affiliated business errtity relationship" means "a relationship, other than parent- subsidiary relationship, that exists when {D 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 +s shared management or control befin?een the business entities. Factors that should be considered in determining the existence of an affitiated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingied funds or assets; the business entities share the use vf 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 5tate and Local Govemment Conflict of Interests Act, Va. Code § 2.2-310'1. CERTIFICATION: I certify that the information contained herein is true and accurate. 1 understand that, upon receipt of notification (postcard) that the application has been scheduled for pubiic hearing, I am responsible for obtaining and posting the required sign on the subjed property at least 30 days prwr to the scheduled public hearing according to the insfiactions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photo e site for purposes of processing and evaluating this application. W. Whitney Graham, Managing Member Applicant's ' n Print Name Wayne M. McDermott, Manager Property Owner's Signature (if different than applicant) Print Name DISCLOSURE STATEMENT (Amendment to Land Use Plan) GRAHAM REAL ESTATE, lLC Agenda Item 4 Page 14 APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the #ollowing: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Graham Real Estate, LLC: W. Whitney Graham, Managing Member 2. List all businesses that have a parent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach listifnecessary) London Bridge Self Storage, LLC; AEG-SG, LLC; AEG London 8ridge, LLC; Graham Family Partnership, LLC; Warvdick Self Storage, LLC; The Storage Group, LLC; AEG Capital, LLC; Fourth Wheel, LLC ? Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization, PROPERTY OWNER DISCLOSURE Complete this section only if propetty owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Atfach list if necessary) KCLB, LLC: Wayne M. McDermott & Dee McDermott 2. List all businesses that have a parent-subsidiary' or affiliated business entityz relationship with the applicant: (Attach list if necessary) ? Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & 5ee next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes No X If yes, what is the name of the official or employee and the nature of their interest? ¦ ? ? ! / . ? ? ? M / ? M ? ? ? ? ? F DISCLOSURE STATEMENT (Subdivision Variance Application) GRAHAM REAL ESTATE, 'LLC Agenda Item 4 Page 15 ? ? ? i ? ? ? ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requestsd property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) Sykes, Bourdon, Ahern & Levy, P.C.; MSA, P.C.; GMF & Associates - architectural Hines Design - architectural; Cushman & Wakefiefd/Thalhimer Harvey Lindsay Commercial Real Estate; The Rabco Corporation; Zuckerman & Associates, Ltd. '"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. 4 ? { ? ? ? ? 1 ? 1 1 2"Affiliated business entity relationship° means "a relationship, other than parent subsidiary relationship, that exists when (i) one business entity has a confrolling 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 fhe 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 awn 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 w otherwise share activities, resources or personnel on a regu(ar basis; orthere is othetwise a close working relationship between the entities." See 5tate and Local Govemment Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information corrtained herein is true and accurate. I understand that, upon receipt of notfication (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject properry by employees of the Departmen# of Planning to phqJogra"h-andviewcLhe site for purposes of processing and evaluafing this application. Sig W. Whftney Graham, Managing Member Print Name Property OwneCs Signature (if different than applicant) Wayne M. McDermott, Manager Print Name DISCLOSURE STATEMENT (Subdivision Variance Application) GRAHAM REAL ESTATE, LLC Agenda Item 4 Page 16 Item #4 Graham Real Estate , L.L.C. Amendment to PD-H1 Land Use Plan Variance to the Subdivision Ordinance 1545 Lynnhaven Parkway District 1 Centerville January 8, 2014 REGULAR An application of Graham Real Estate, L.L.C. for an Amendment to the Green Run Land Use Plan for a self-storage facility, and an application of Graham Real Estate, L.L.C. for a Subdivision Variance to Section 4.4(b) - lot width on property located at 1545 Lynnhaven Parkway, District 1, Centerville. GPIN: 14855822320000. CONDITIONS 1. Except as modified by any other condition of this land use plan amendment or as necessary to comply with applicable City development ordinances and standards, when the property is developed, it shall be in substantial conformance with the site layout entitled, "Conceptual Layout for Amendment to the Land Use Plan for Parcel CM-2 at 1545 Lynnhaven Parkway," prepared by MSA, PC, dated 12-2-12, including the increased buffer of 20 feet along the rear of the property and noting that the ingress/egress shall comply with the Public Works Standards and Specifications and the proposed driveway shall either be located entirely on this site or the encroachment depicted on said plan be formalized by recordation of a plat. Said plan has been exhibited to the Virginia Beach City Council and is on file in City of Virginia Beach Planning Department. Except as modified by any other condition of this Use Permit or as necessary to comply with applicable City ordinances and building codes, the self-storage building shall be constructed in substantial conformance with elevations depicted on the exhibits in this report titled, "Lynnhaven Self Storage," prepared by GMF Architects, dated October 31, 2013. Said elevations have been exhibited to the Virginia Beach City Council and are on file in the City of Virginia Beach Planning Department. 3. Existing plant material along the northern property line shall remain intact. In the event it is removed due to decline, disease or hazard, the buffer shall be replanted as required by the City of Virginia Beach Landscaping Guide within a 20-foot wide buffer area. 4. All exterior lighting shall be low intensity and residential in character and shall overlap and be uniform throughout the parking area. Per Section 237 of the City Zoning Ordinance, all outdoor lights shall be shielded to direct light and glare onto the self-storage premises; said Item #4 Graham Real Estate, L.L.C. Page 2 lighting and glare shall be deflected, shaded, and focused away from all adjoining property. Any outdoor lighting fixtures shall not be erected any higher than 14 feet. A Lighting Plan and/or Photometric Diagram Plan shall be submitted during detailed site plan review. Said plan shall include the location of all pole-mounted and building-mounted lighting fixtures, and the listing of lamp type, wattage, and type of fixture. All lighting on the site shall be consistent with those standards recommended by the Illumination Engineering Society of North America. The plan shall include provisions for implementing low-level security lighting for non-business hours. 5. No freestanding sign shall be installed without approval by the Board of Zoning Appeals of a variance allowing a freestanding sign. 6. The self-storage units shall be used only for storage of goods. The units shall not be used for office purposes, band rehearsals, residential dwellings, or any other purpose not consistent with the storage of goods. 7. There shall be no exterior storage of motorized vehicles or inoperable vehicles on the property. 8. No barbed wire, razor wire, or any other fencing devices shall be installed on the roof or walls of the building or any fence on the property. A motion was made by Ron Ripley and seconded by Jan Rucinski to approve item 4 AYE 9 NAY 0 ABS 1 ABSENT 0 FELTON AYE HODGSON AYE HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON ABS A verbal vote was made by Commissioner Oliver. Vote machine not registering vote. By a vote of 9-0, with the abstention so noted, the Commission approved item 4. Item #4 Graham Real Estate , L.L.C. Page 3 Bob Thornton abstained from the voting due to the fact he has a business relationship with the applicant. F ? M ? W Z t Q N N W 0 Z i d ? ? D? C E ? O V . C O Z c 0 ? 0 E E a d u ? a h e d On ? ? e ? u 3 0 e ?e 0 N Hu y??? s ? -? CITY OF VIRGINIA BEACH AGENDAITEM ITEM: CROWN CASTLE, Relocation of a Nonconforming Structure (Communication Tower), 2225, 2229, 2233, and 2237 Meadow Ridge Lane. PRINCESS ANNE DISTRICT. MEETING DATE: February 25, 2014 ¦ Background: The applicant proposes to replace an existing 285-foot high guyed-wire communications tower with a 280-foot high self-supporting lattice-construction communications tower. The existing tower structure does not meet the requirement of Section 232 of the City Zoning Ordinance, which specifies that a tower have a minimum setback from a residential structure equivalent to 125- percent of the height of the tower. Based on the existing tower height of 285-feet, the required minimum setback is 356.25 feet. The existing setback from the dwellings ranges from a minimum of 180 feet to a maximum of 251 feet; therefore, the tower is non-conforming with regard to the required setback. Accordingly, the replacement of the existing tower through the construction of a new tower in a new location requires, per Section 105(d)(1) of the City Zoning Ordinance, the approval of the City Council for the relocation of a nonconforming structure. Thus, the applicant is seeking the City Council's approval. ¦ Considerations: Staff and the applicant have agreed to a deferral of this item to City Council's April 8 public hearing for the purpose of continuing discussion of various alternatives for replacement of the tower. ¦ Attachments: Location Map Recommended Action: Deferral to the April 8 City Council mee ing. Submitting Department/Agency: Planning Department City Manager: ? ? W 0 ? ? a m . , h ? . ? H C O ? ? G O V y.. O ? O ? ro ? ? a ? C O M 0 \ a d ? ? ?a c m oa 0". u 3 c .o N •riv?%- CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: R & J RETAIL INVESTMENTS, INC. (Applicant / Owner), Modification of Conditions (service station and car wash approved on 12/13/88 and modified on 8/26/91). 5765 Northampton Boulevard (GPIN 1468093099). BAYSIDE DISTRICT. MEETING DATE: February 25, 2014 ¦ Background: On December 13, 1988, a Conditional Use Permit was approved by the City Council allowing the site to be developed for a car wash and service station. The Use Permit was modified on August 26, 1991, allowing the addition of a convenience store to the existing car wash and service station. The 1.36-acre site is located at the southwest corner of the intersection of Northampton Boulevard and Baker Road. Structures currently located on the site include a 7,193 square foot building and two covered pump islands. Current use of the site consists of a service station and a convenience store. The car wash that was originally approved as part of the Use Permit is no longer in use and the building, which is attached to the convenience store, is vacant. The applicant now requests a modification of the Use Permit for the purpose of expanding the convenience store into a portion of the former carwash structure, which will allow the applicant to add a Laundromat to the services he offers. ¦ Considerations: The convenience store will expand an additional 810 square feet into the former car wash structure, for a total of 2,757 square feet. The remaining 520 square feet of the car wash structure will be used for storage. The open area created in the main building by means of moving the storage to the former car wash building will be renovated for use as a Laundromat. The Laundromat will take up 2,608 square feet of floor area, and will be accessed through the convenience store as well as directly from the parking lot through a door on the east side of the building. The applicant has proposed to renovate the exterior of the building to include three sand-colored gables with large white trim facing north on the front faCade of the building. One sign identifying the business is located in each gable. The applicant has proposed additional landscaping as well as restriping the parking lot, as shown on the submitted site plan. R&J Retail investments Page2of2 There was no opposition to the request. ¦ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request to the City Council with the following conditions: 1. All conditions attached to the Modification of a Conditional Use Permit granted by the City Council on August 26, 1991 are deleted and are replaced with the conditions listed below. 2. All signage shall meet the current requirements of the City Zoning Ordinance. 3. Redevelopment of the site shall substantially conform to the site plan titled "LAUNDROMAT NORTHAMPTON" and dated 11/1/2013. 4. Architectural changes made on this site shall substantially conform to the elevations titled "LAUNDROMAT NORTHAMPTON" dated 11/1/2013. 5. Public restrooms shall be provided as per Section 225(a) of the City Zoning Ordinance. 6. Category IV landscaping shall be provided along the south property line. Existing mature vegetation on the subject parcel and/or the adjacent parcel identified as GPIN 14680848790000 (1137 Baker Road) may be counted towards this condition. ¦ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manage . ? 12, #Tyy'?, , 6AY81 ? NIXV-+ K 6C J KrTdll 1[IVCsLfI1CIl[5, inc. ? N . . 82 11 , 1 B2 B2 H1 i. ' B3 11 B2 H1 ' A18* ', ?,92 n• ? Bz. ez•? B2 F{? Rta • ? - , ? RO- _ , - -wy,.w c«a.w»~w., a- s?-. neTww Modificabon o? Conditiona 11 January 8, 2014 Public Hearing APPLICANT & PROPERTY OWNER: R&J RETAI L I NVESTM E NTS, INC. STAFF PLANNER: Kristine Gay REQUEST: Modification of a Conditional Use Permit (service station and car wash approved on 12/13/88 and modified on 8/26/91) ADDRESS / DESCRIPTION: 5765 Northampton Boulevard GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14680930990000 BAYSIDE 59,064 SF Less than 65 dB DNL BACKGROUND / DETAILS OF PROPOSAL The Conditional Use Permit permitting a car wash and service station was approved by the City Council on December 13,1988. Said Conditional Use Permit was then modified on August 26, 1991 to include the use of a convenience store in addition to the existing car wash and service station. The Modified Conditional Use Permit has three (7) conditions. The full list of the conditions is provided at the end of this report. The site is located at the corner of Northampton Boulevard and Baker Road and is 1.36 acres in size. Structurally existing on the site is a 7,193 square foot building and two covered pump islands. Currently, the site is being used as a gasoline service station and convenience store. While the previous Conditional Use Permit and the Modification to the Conditions allows a car wash, it has been abandoned and that use is no longer offered to customers. The applicant/owner is proposing to expand the existing convenience store into a portion of the abandoned carwash structure and area. As shown on the site plan, the 1,947 square foot convenience store will expand an additional 810 square feet into the car wash area and structure, for a total of 2,757 square feet. The remaining 520 square feet of the car wash structure will be used for storage. The new R&J RETAIL INVESTMENTS Agenda Item 11 Page 1 proposed use of a Laundromat will be inserted in the large space currently used as storage for the convenience store. The Laundromat will take up 2,608 square feet and be accessed through the convenience store as well as directly, on the east side of the building. The applicanUowner has proposed renovation of the building to include three sand colored gables with large white trim facing north on the front farade of the building. Located in each gable is a single sign. The applicanUowner has also proposed additional landscaping as well as restriping the parking lot, as shown on the submitted site plan. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Fuel Service Station, Convenience Store, Abandoned Carwash SURROUNDING LAND North: . Business Center / B-2 Community Business District USE AND ZONING: South: . Single-family homes / R-10 Residential East: . Hotel / H-1 Hotel West: . Strip Commercial Center / B-2 Community Business District NATURAL RESOURCE AND CULTURAL FEATURES: There are no known cultural or natural features on this site. COMPREHENSIVE PLAN: The Comprehensive Plan designates this site as being located in the Burton Station Strategic Growth Area (SGA). Recommendations for this SGA include the retaining the existing residential area; providing infrastructure to support existing uses; and implementing the arrangement of land uses to achieve an attractive and coherent destination. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Northampton Boulevard in the vicinity of this application is considered an eight-lane divided major urban arterial. The Master Transportation Plan proposes an eight-lane facility within a 190 foot right-of-way. Currently, this segment of roadway is functioning over-capacity at a Level of Service E. Baker Road in the vicinity of this application is considered a two-lane undivided minor suburban arterial. This segment of Baker Road is not included in the Master Transportation Plan. Currently, this segment of roadway is functioning under capacity at a Level of Service C or better. No roadway Capital Improvement Program projects are slated for this area. R&J RETAIL INVESTMENTS Agenda Item 11 Page 2 TRAFFIC: Street Name Present present Capacity Generated Traffic Volume Northampton 63,658 ADT 34,940 ADT (Level of Existing Land Use - Boulevard (20131 Service "C") - 56,240 ADT 1,834 ADT '(Level of Service "D") Proposed Land Use 3 - 2,273 Baker Road 6,447 ADT 13,600 ADT (Level of Service "C") -16,200 ADT ' (Level of Service "E") Average Daily Trips Z as defned by 12 fueling positions and carwash 3 as defined b 12 fuelin ositions and laundromat WATER: The site is already connected to City water. The existing 1-inch meter (City ID #55202577) may be used or upgraded to accommodate the proposed development. SEWER: The site must connect to City sanitary sewer. Sanitary sewer and pump station analysis for pump statin #326 is required to determine if future flows can be accommodated. EVALUATION AND RECOMMENDATION The applicant and landowner would like to expand and reorganize the use of his existing space to include the use of a Laundromat. The proposed Laundromat will be a service to surrounding residents. The proposed improvements including surface parking striping, interior and exterior architectural renovations, re-use of a currently unused space, and additional landscaping are consistent with the goals of the Comprehensive Plan and the Burton Station Strategic Growth Area. Approval is recommended subject to the conditions below. CONDITIONS 1. All conditions attached to the Modification of a Conditional Use Permit granted by the City Council on August 26, 1991 are deleted and are replaced with the following conditions. 2. All signage shall meet the current requirements of the City Zoning Ordinance. 3. Redevelopment of the site shall substantially conform to the site plan titled "LAUNDROMAT NORTHAMPTON" and dated 11/1/2013. 4. Architectural changes made on this site shall substantially conform to the elevations titled R&J RETAIL INVESTMEN7S Agenda Item 11 Page 3 "LAUNDROMAT NORTHAMPTON" dated 11/1/2013. 5. Public restrooms shall be provided as per Section 225(a) of the City Zoning Ordinance. 6. Category IV landscaping shall be provided along the south property line. Existing mature vegetation on the subject parcel and/or the adjacent parcel identified as GPIN:14680848790000 (1137 Baker Road) may be counted towards this condition. NOTE: Further conditions may be required during fhe 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. R&J RETAIL INVfSTWItI+ItS Agenda Iterra 11 Page 4 Deceinber 13, 1988 T4: Honorab7e City Cswncil FROM: City Planning Camaission RE: App3lcation #6544 An Urdinance upon Application af Amoco Oil Company for a Conditional Use Permit for a car wash at the southwest corner of Northampton Boulevard and 8aker. Said parcel is lvcated at 5765 Northampton Boulevard and contains 29,285 square feet. Mare detai7ed information 9s avaiiabie in the Department of P7anning. BAYSIDE BOROUGN. Planning Conrmission Recomrt?endation: A motion was passed unanimously by the Planning Commission by n recorded vote of 11 to approvp this request subject to the following conditions: 1. The utilization of best management practfces for controlling stornwater runoff which are reasonably applicab7e to the development of the site. 2. All putdoor lighting shall be oriented to the site and no spillover to adjacent proDert,y shall occur. 3. Oniy one thirty-five (35) foot entrance wi11 be permitted on Northampton Boulevard. 4. A right turn lane is required on 8aker Road. CONDITIONS OF PREVIOUSLY APPROVED USE PERMIT R&J RETAIL INVESTMENTS Agenda Item 11 Page 5 Anqoo oil t7mpany Application 17425 Page Two City Cauncil Action• ? "f i9$t} R09911335 The foliowiryg oondit3.ons shall be requirad: 1. All signage on the subject site shal1 be lrought into oaPlianoe with current sign requirenerYts, 2. The reiaainirig pmt.ian af the existirig stYVCbure shall only be used for storac}e of items to be sold or useci on the subject site. 3. Public restrooms shall },e provided as per Sec,-t,ion 225 (a) of the City Zonim Ordilxatice. 4. 9he app3icant shall ocan.strucG an abBtructian or ccncrete curb ori the Amooo prcperty that will permit canly left turt1s into the alley frcen the Amooo site. 5. Zhe curb shall be extended froett th,e retail building Nortbwest to NarthanPton Boclevard with the plantirig as deli.raeated. (Attonrey Salle' advised the applicant, as rioted on the site plan, will nat be curbing all the way frcam the bui.ldirig to Norkhanpton Boulevard. there is a small aenter island ar,d the applicant will be curbinq betvem the building arrl that oentex i.sland). 6. The applicant shall place piantiriq in the public rightrofrway alonq Narthaqotm Boulevard. 7. 2he "speed bturp" shall be .installed in the alleyway to the rear of the facility; hcxaeever, formal pezmissicm frcan the landlc(rd mst be secured. 73iis Cae+dinaxce shall be effective in aC=danoe with Section 107(f) of the 7cni.ng Ordinance. CONDITIONS OF MODIFIED CONDITIONAL USE PERMIT R&J RETAIL INVESTMENT$ Agenda Iter? 11 Page 6 a. .? . t ?. ;. `. AERIAL OF SITE LOCATION ' , R&J RETAIL INVESTMENTS I Agenda Item 11 I, Paae 7 ? I A .f.' ? 411 ? \ ? -of . . • ? r ? - -, - ? i ; J• ??'? _ ,, `` ? . ? • y ? •?' ` ? ? ? ? lils '., I I ? ? ? I Ma ? ? Trafl / AERIALS OF SITE R&J RETAIL INVESTMENTS I Agenda Item 11 I Page 8 ' I ? o g m r m -? ?' ? 0a Z w ? g zo a w a p a ull" go ? a i ? u. = a U? fn d U1 N ???? ?<o? a a ? a a LL ?1 J1 dl N N r O ? A ?- < ? i ? ? Qwnvd -,fusr.'Q I p ?:°c'°n.w ? ? i I F ? ; l®r-_N a ID i ID /- m ? In ??? ??s e $ a I . $ ? ?? 8 ? O :, Y $ $ PROPOSED SITE PLAN R&J RETAIL INVESTMENTS Agenda Itern 11 Page 9 L ? ? ? V s z O d ? W 0I§ I ?< z 0 d v I:o I ?- 4 W I I J• m0 I I lU I?2 I Qo IN? oa o? o ? ?= a g0 Z!W ? ? i? Z? ------- ??? w 0 FO ? ?? ? <? ?? F 6 LL ID ~ W p ? ? m 1H ? -- f/ m a N 0 t- t0 V g? ab $' ao I ?I I ?t SI 8 PROPOSED ELEVATI( R&J RETAIL INVESTMEI Agenda Iter Paai )NS VTS n11 ; 3 10 LVIVIIVV 1'71J 1 VRi # DATE REQUEST ACTION 1 02/12/2013 Conditional Use Permit Mini-Warehouse Self-Stora e A roved 2 11/22/2011 Chan e of Zonin (B-2 to A-18 A roved 3 08/31/2006 Chan e of Zonin B-2 to H-1 Deferred 4 06/27/2000 Conditional Use Permit Gas Station w/ convenience Store A roved 5 1/26/1999 Conditional Use Permit (Automobile Service Station A roved R8J RETAIL INVESTMENTS Agenda Item 11 Paae 11 1= DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership, fiRn, business, or other unincorporated organization, complete the following: 1. List the appiicant name followed by the names of all officers, members, trustees, partners, etc. bel gw: (Aitach list if necessary) B'N A'[i t? v ES t 13 o -'t 1"reS ffiTt NESiaaJ7 2. List all businesses that have a pareni-subsidiary1 or afriliated business entity2 relationship with the appiicant: (Attach list if necessary) - S"To ?- - N11 l..t.-t(L t ? Check here if the applicant is NOT a corp ration, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Comp/ete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, ar other unincorporated organization, complete the foilowing: 1. List the property owner name #ollowed by the names of all officers, members, tnustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ? Chedc here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes Does an officiaf or employee of the C'ry of Virginia 8each have an interest in the subject land? Yes No If yes, what is the name of the official or employee and the nature of their interest? DISCLOSURE STATEMENT R&J RETAIL INVESTMENTS Agenda Itern 11 Page 12 P?DDITIONAL DISCLOSURES List ali known contractors or businesses that have or wili provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) ? ?' O N ?t ?-a- ??J IL 0440wo Akc-WfiLC-T '"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 Govemment Conflict of Interests Act, Va. Code § 2.2-3101. Z"Affiliated business entity relationship" means "a relationship, other than parent- subsidiary relationship, that exists when (i) one business entity has a controlling ownership lnterest 1n the other business entfty, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iil) there is shared management or control beiween the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship inciude that the same person or substantiaily 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 offtces or employees or otherwise share activities, resources or personnel on a regular basls; or there is othervvise a alose working relationship between the entities." See State and Local Govemment Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the applicaNon has been scheduled for public hearing, t am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructlons in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. ? lr?- - ATA? 'SH R7 t ApplicanYs ftQur Print Name ,-Jl Property Owners Signature (if different than applicant) Print Name 1 ? 1 ? / ? ? ! / ? ? ? ? ? f ? ? ? ? DISCLOSURE STATEMENT R&J RETAIL INVESTMENTS Agenda Item 11 Page 13 Item #11 R& J Retail Investments, Inc. Modification of Conditions 5765 Northampton Boulevard District 4 Bayside January 8, 2014 REQUEST: An application of R& J Retail Investments, Inc. for a Modification of a Conditional Use Permit (service station and car wash approved on 12/13/88 and modified on 8/26/91) on property located at 5765 Northampton Boulevard, District. GPIN: 14680930990000. CONDITIONS 1. All conditions attached to the Modification of a Conditional Use Permit granted by the City Council on August 26, 1991 are deleted and are replaced with the following conditions. 2. All signage shall meet the current requirements of the City Zoning Ordinance. 3. Redevelopment of the site shall substantially conform to the site plan titled "LAUNDROMAT NORTHAMPTON" and dated 11/1/2013. 4. Architectural changes made on this site shall substantially conform to the elevations titled "LAUNDROMAT NORTHAMPTON" dated 11/1/2013. 5. Public restrooms shall be provided as per Section 225(a) of the City Zoning Ordinance. 6. Category IV landscaping shall be provided along the south property line. Existing mature vegetation on the subject parcel and/or the adjacent parcel identified as GPIN:14680848790000 (1137 Baker Road) may be counted towards this condition. Jeff Hodgson made a motion and seconded by Chris Felton to approve item 11. AYE 10 NAY 0 ABS 0 ABSENT 0 FELTON AYE HODGSON AYE HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE RIPLEY AYE Item #11 R& J Retail Investments, Inc. Page 2 RUCINSKI AYE RUSSO AYE THORNTON AYE A verbal vote as made by Commissioner Oliver. Vote machine not registering vote. By a vote of 10-0, the Commission approved item 11 by consent. There was no representative on this item. .¦? C?I 'Q I VI ? ` 0 ?V ? ? ? W ? V tr., i+ a 0 x C oa r4: N ? .O a O C V ,O fi O °S O Ca . ?, N? c?i' f CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: ADVENTURE SPORTS PARK, LLC (Applicant) / KAMPGROUNDS OF AMERICA, INC. (Owner), Modification of Conditional Use Permit (campground) approved December 1969. 1304 Prosperity Road & 1252 Prosperity Road (GPINs 2415889903 [portion of] & 2415882856 (portion ofJ). BEACH DISTRICT. MEETING DATE: February 25, 2014 ¦ Background: This applicant is requesting a Modification of a Conditional Use Permit approved in 1969 for 307 campsites. The requested modification consists of the use of a portion of the site for an outdoor `paintball park'. The site has been previously used for paintball by obtaining a temporary Special Events Permit. ¦ Considerations: The proposed hours of operation are 9:00 a.m. to dusk. The use will occur throughout the year, with activities limited to Saturdays, Sundays, and holidays from October 1 through April 30. The Paintball Park will have finro types of fields. The first is a Woodland Field for games played in a wooded environment. The second is a Speedball Field for fast-paced games using inflatable obstacles. There will also be a laser tag area similar to speedball; however; this does not use paint and is intended for younger players. The `laser' used is not the type that can be used to `blind' a jet pilot. No site clearing or construction is proposed. A single 20-foot high net will separate the play area from the customer area and will remain up at all times. There will be a 12-foot net surrounding the speedball area. The narrative submitted as part of the application states that parking will be located at the existing KOA Campground parking areas and the participants will use the KOA Campground restroom facilities. The business will employ 8 to 10 people on a part-time basis, with 3 to 5 being present when the fields are open for play. This request is consistent with the recommended land use policies for Suburban Focus Area (SFA) 4.1 of the Comprehensive Plan, as outdoor recreation is one of several long-term preferred land use recommendations for the adjacent campground site. Additionally, a majority of the site is located in the Greater than 75 dB AICUZ noise zone, and outdoor recreation is a compatible use. The submitted site plan exhibits sensitivity to adjacent neighborhoods and property owners. The site is bordered on the north and east by Redwing Lake Golf Course. The nearest residential neighborhood is approximately 400 feet south of the designated paintball and laser tag area. There is a wooded buffer between Adventure Sports Park, LLC Page 2 of 2 the residential use and the paintball course. This buffer is more than adequate for visual and sound attenuation; however, to ensure the greatest degree of compatibility, staff has recommended Condition 1 below regarding hours of operation. Following discussions with the City Building Official, staff has concerns with the proposed arrangement regarding restroom facilities. ADA complaint restroom facilities must be provided on-site and within 500 feet of the recreation area. There are currently two portable bathroom units on site. The KOA full-service bathrooms are across Prosperity Road from the paintball course. As such, Condition 3 is recommended to address this issue. There was no opposition to the request. ¦ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request to the City Council with the following conditions: 1. The hours of operation of the paintball/laser tag areas shall be limited to 9:00 a.m. to dusk. 2. The paintball and laser tag areas (parking, play, and otherwise) shall be located in the area depicted on the submitted plan entitled, "Subdivision of Property Belonging to W.W. McClanan, Jr.", dated 1/21/1970, which has been displayed to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. Any expansion beyond those limits depicted on the Plan shall require additional review and approval of a modification of these conditions by the City Council. 3. The applicant shall provide portable bathroom facilities on-site when the recreation area is in use. For large events and events advertised to the public, at least one ADA-compliant portable bathroom unit shall be provided. ¦ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting De a ency: Planning Department City Manager: ?C. ? BEACH ??a?,?;?? Adventure S orts Park, L.L.C. 2 P1 ? t ' AG2 itdD . + _ . A42 : P1 >75 dB ,d acs , Stafe MlNtary RestrvaHon 70-7$ dB Ldn ,. . ., ? 62 ? A01 R5D P1 Gz FP71 ?;°.'?x?` ?-.. vava a.e.r. Modilicafion o7 Conditions PPA, December 11, 2013 Public Hearing APPLICANT: ADVE NTU RE SPORTS PARK, L.L.C. PROPERTY OWNER: KAMPGROUNDS OF AMERICA, INC. STAFF PLANNER: Kevin Kemp REQUEST: Modification of a Conditional Use Permit for 307 Campsites (approved by the City Council on December 8, 1969) ADDRESS / DESCRIPTION: 1252 & 1304 Prosperity Road GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 24158899030000 BEACH 59.336 acres Greater than 75 dB DNL BACKGROUND / DETAILS OF PROPOSAL This applicant is requesting a Modification of a Conditional Use Permit approved in 1969 for 307 campsites. The requested modification consists of the use of a portion of the site for an outdoor'paintball park'. The site has been previously used for paintball by obtaining a temporary Special Events Permit. The proposed hours of operation are 9:00 a.m. to dusk. The use will occur throughout the year, with activities limited to Saturdays, Sundays, and holidays from October 1 through April 30. The Paintball Park will have two types of fields. The first is a Woodland Field for games played in a wooded environment. The second is a Speedball Field for fast-paced games using inflatable obstacles. There will also be a laser tag area similar to speedball, however; this does not use paint and is intended for younger players. No site clearing or construction is proposed. A single 20-foot high net will separate the play area from the customer area and will remain up at all times. There will be a 12-foot net surrounding the speedball area. The narrative submitted as part of the application states that parking will be located at the existing KOA Campground parking areas and the participants will use the KOA Campground restroom facilities. The ADVENTURE SPORTS PARK, L.L.C. Agenda Item 2 Page 1 business will employ 8 to 10 people on a part-time basis, with 3 to 5 being present when the fields are open for play. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: The site is currently being used as an outdoor recreational facility in association with the campgrounds. The areas on the site designated for paintball are currently set up for paintball games, being previously used through a Special Events Permit. SURROUNDING LAND North: . Redwing Lake Golf Course / P-1 Preservation District USE AND ZONING: . Knights of Columbus Lodge / AG-2 Agricultural District South: . Single-family homes / R-10 Residential District East: . Redwing Lake Golf Course / P-1 Preservation District West: . Prosperity Road • KOA Campground / AG-2 Agricultural District NATURAL RESOURCE AND The eastern portion of the site is predominately grass fields. The CULTURAL FEATURES: western portion of the site is undeveloped wooded area. The site is in the Southern Watershed. COMPREHENSIVE PLAN: The subject property is designated in the Comprehensive Plan as being part of the Suburban Area, and more specifically, Suburban Focus Area (SFA) 4.1 - General Booth Campgrounds. Along with the Holiday Trav-L Park, KOA Campground offers outdoor recreational activities for citizens and visitors to Virginia Beach and complements our City's recreational programs and the resort hospitality industry. The Comprehensive Plan recommendations for the SFA 4.1 state that outdoor recreational activities for both citizens and visitors are appropriate land uses for these sites. All uses must be AICUZ compatible. IMPACT ON CITY SERVICES WATER: City water is not available. Health Department approval is required for private wells. SEWER: City sanitary sewer is not available. Health Department approval is required for septic systems. Private grinder pumps and force main may be an option. ADVENTURE SPORTS PARK, L.L.C. Agenda Item 2 Page 2 EVALUATION AND RECOMMENDATION This applicant proposes an outdoor recreational business on the KOA campground property as an amenity for campers and use by the public. This request is consistent with the recommended land use policies for Suburban Focus Area (SFA) 4.1 of the Comprehensive Plan, as outdoor recreation is one of several long-term preferred land use recommendations for the adjacent campground site. Additionally, a majority of the site is located in the Greater than 75 dB AICUZ noise zone, and outdoor recreation is a compatible use. The submitted site plan exhibits sensitivity to adjacent neighborhoods and property owners. The site is bordered on the north and east by Redwing Lake Golf Course. The nearest residential neighborhood is approximately 400 feet south of the designated paintball and laser tag area. There is a wooded buffer between the residential use and the paintball course. This buffer is more than adequate for visual and sound attenuation; however, to ensure the greatest degree of compatibility, staff has recommended Condition 1 below regarding hours of operation. Following discussions with the City Building Official, staff has concerns with the proposed arrangement regarding restroom facilities. ADA complaint restroom facilities must be provided on-site and within 500 feet of the recreation area. There are currently two portable bathroom units on site. The KOA full-service bathrooms are across Prosperity Road from the paintball course. As such, Condition 3 is recommended to address this issue. Staff recommends approval with the conditions listed below. CONDITIONS 1. The hours of operation of the paintball/laser tag areas shall be limited to 9:00 a.m. to dusk. 2. The paintball and laser tag areas (parking, play, and otherwise) shall be located in the area depicted on the submitted plan entitled, "Subdivision of Property Belonging to W.W. McClanan, Jr.", dated 1/21/1970, which has been displayed to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. Any expansion beyond those limits depicted on the Plan shall require additional review and approval of a modification of these conditions by the City Council. 3. The applicant shall provide portable bathroom facilities on-site when the recreation area is in use. For large events and events advertised to the public, at least one ADA-compliant portable bathroom unit shall be provided. ADVENTURE SPORTS PARK, L.L.C. Agenda Item 2 Page 3 NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site p/an submifted with this application may require revision during detailed site p/an review to meet all applicab/e City Codes and Standards. All applicab/e permits required by the City Code, including those administered by the Deparfinent of P/anning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Cerfificate 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. ADVENTURE SPORTS PARK, L.L.C. r4genda Item 2 Page 4 1 o, (Z V7> ? .... . ?1 . E• ? ? .3??n'.,+?- - _ 3 p? ?-"!°-+: s??+a???' ? • y.,y ???' .. 'TA ' .?y/ A? w . •.?. a ?k•F? ?e ?.. ?:?nt, Y ,.. s •ilf?-?+?e'?'?+.s??"? o-yerJ'?w ? t . . ?'.`...;`.?.. _ ?,i _ O. 45.% ?:. '. x.:..- ?,??,'_? . AERIAL OF SITE LOCATION ADVENTURE SPO !, I I ? PARK, L.L.C. Agenda Item 2 Page 5 ? ? 1 ?a n `i:g`= e a ?`• ;' ' 3 's'? ? ? ? •f ? ;#i i5? •t ` :l: p Y..? -lL •e ? g:?' :k t 3?2 3 = ? a $ `a .? : f e:i5 eq 6`'s ?y. a ; ? . i tltd: f• -3:v: egi ....; .. 1? ? • ;; :? 3 ? n^ /? e u ? ? pt/ /% - >!4// ? \\ at ? / Bo 9= i? f.t ;^ee jS ' l f?C} I d ?i': at??} ???p••' ??r? ?? ?,?,L: 5 •. = : S 4:?ea: .i ; € y t??e4F =i} ,?a o \\ ycE•' 4'" a] cy.y ? .. `?. F:'??^ es ??y F\? J o.' $ ? ?a q !r ?? ' \ a :•e?'o 1; ° s \ ? ! ' N?? f! a }\• , ? Y • ? rr+u or.??u+ •? I I \o i : '? a ?• : ; i yl ti tl ?I `??. _ ? ?8 p1: ??` ?? 0 2 ?J 1? 2: i: ?,??.•se' ? ? .ov ; i ?• ? ° _ ; ??;: ? ?so ''° { g ' , , ^` _ • A_ ?,? ' ? ?I ?{{{{{???????--??\\\ H040 g? s ^ M GROSVEAITY t4 T ? + PROPOSED SITE LAYOUT ADVENTURE SPORTS PAR!(, L.L.C. Agenda Item 2 Page 6 LVIVIIVV I11a 1 VRi # DATE REQUEST ACTION 1 03/13/2013 Conditional Use Permit (Outdoor Recreation Facilit A roved 2 06/12/1989 Chan e of Zonin (AG-1/AG-2 to R-10) A roved 3 06/09/1980 Change of Zonin I-2 to P-1 A roved 4 04/18/1977 Conditional Use Permit Miniature Golf Course A proved 03/15/1976 Conditional Use Permit (Miniature Golf Course A roved 5 12/20/1976 Conditional Use Permit Lod e) A roved 06/17/0974 Conditional Use Permit Lod e) A roved 04/25/1974 Chan e of Zoning (Ag-1 to 0-1) Withdrawn 6 10/26/1971 Conditional Use Permit Camp round) A roved 7 05/12/1969 Conditional Use Permit (Campground A roved 05/12/1969 Conditional Use Permit (Racquet Club A roved 8 11/13/1968 Conditional Use Permit Land Use) Ap roved , ADVENTURE SPORTS PARK, L.L.C. Agenda Item 2 Page 7 APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, compiete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Affach list if necessary) Adventure Sports Park, LLC: Brad Kirkpatrick, President; Sondra Alger, Member; Colleen Kirkpatrick, Member 2. List all businesses that have a parent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ? Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the foliowing: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach lisf if necessary) Kampgrounds of America, Inc.: Patrick C. HRtmaier, President; John J. Burke, Treasurer, James D. Rogers, Direotor, Oscar L. Tang, Director 2. List alt businesses that have a parent-subsidiary' or affiliated business en#ity2 relationship with the applicant: (Attach list if necessary) ? Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes No X If yes, what is the name of the official or employee and the nature of their interest? DISCLOSURE STATEMENT ADVENTURE SPORTS PARK, L.L.C. Agenda Item 2 Page 8 ADDITIONAL. DISCLOSURES List all known contractors or businesses that have or wiil provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) Sykes, Bourdon, Ahern & Levy, P.C. Troutman Sanders, LLP '"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." Ses State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2"Affiliated business entity retationship" 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 con#rolling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control beiween the business entities. Factors that should be considered in determining the existence of an affiliated business entiry 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 Locaf Govemment Conflict of Interests Act, Va. Code § 3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public heanng, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and. view the site for purposes of processing and evaluating this application. Adven,ture Sp t1-'Par LLC Brad Kirkpatrick, President ApplicanYs Signature Print Name Kampgrounds of America, Inc. gy; Terry Shade,.Vice Presi Property Owner's Signature (if different than applicant) Print Name Modification oi Conditions Application DISCLOSURE STATEMENT ADVENTURE SPORTS PARK, L.L.C. Agenda Item 2 Page 9 ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) Sykes, Bourdon, Ahern & Levy, P.C. Troutman Sanders, LLP '"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. Z"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 othen+vise a close working relationship between the entities." See State and Locat Gavernment Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. Brad Kirkpatrick, President Applic 7GU;;/ Print Name KA P, INC. R. J. Nutter, II Pro e ner s igna r f different than applicant) Print Name DISCLOSURE STATEMENT ADVENTURE SPORTS PARK, L.L.C. Agenda Item 2 Page 10 Item #2 Adventure Sports Park Modification of Conditional Use Permit 1304 & 1252 Prosperity Road District 6 Beach December 11, 2013 CONSENT An application of Adventure Sports Park for a Modification of a Conditional Use Permit for 307 Campsites (approved by the City Council on December 8, 1969) on property located at 1252 & 1304 Prosperity Road, District 6, Beach. GPIN: 24158899030000. CONDITIONS 1. The hours of operation shall be limited to 9:00 a.m. to dusk. 2. The paintball and laser tag areas (parking, play, and otherwise) shall be located in the area depicted on the submitted plan entitled, "Subdivision of Property Belonging to W.W. McClanan, Jr.", dated 1/21/1970, which has been displayed to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. Any expansion beyond those limits depicted on the Plan shall require additional review and approval of a modification of these conditions by the City Council. 3. The applicant shall provide portable bathroom facilities on-site when the recreation area is in use. For large events and events advertised to the public, at least one ADA-compliant portable bathroom unit shall be provided. AYE 9 NAY 0 ABS 0 ABSENT 2 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO ABSENT THORNTON ABSENT By a vote of 9-0, the Commission approved item 2 by consent. Item #2 Adventure Sports Park Page 2 Eddie Bourdon appeared before the Commission on behalf of the applicant. ? C ,a ? ? ? ?w ? Q ? ?I 1 ? U W J ? ? ? ? ? ? C d oa ? N O? ?0. O fi V ,O ? O ? L a N? • ? ?NU ?Hl CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: MAHESH GOPINATH (Applicant) / KELHAM PROPERTIES, LLC (Owner), Conditional Use Permit for vocational (dental assisting) training school. 405 S. Parliament Drive (GPIN 1466499573). KEMPSVILLE DISTRICT. MEETING DATE: February 25, 2014 ¦ Background: The applicant requests a Conditional Use Permit for a vocational school, specifically a dental assistant school. A dental office is proposed, operating as a matter of right under the current B-2 Community Business District zoning, in a portion of the first floor, and a dental assisting school is proposed to occupy the second floor above. A Conditional Use Permit is required for the vocational school (dental assistant school). ¦ Considerations: The existing two-story office building was constructed in 1968 and is in need of updating. The applicant has begun improvements to the interior and exterior of the building. A 443-square foot classroom, dental and x-ray labs, a kitchen/break room, an office, and common space are proposed as part of the school. Renovations that are currently underway for much of the building include the remodel of the faCade utilizing aluminum storefront windows with insulated glass, a brick base to the water-table level, and earth-tone exterior insulation finishing system (EIFS). The existing, 30-space parking lot will continue to serve the office uses as well as provide parking for the 16 students attending classes, typically on Fridays and Saturdays, between the hours of 9:00 a.m. to 1:00 p.m. There is ample parking for the school, the dental office, and other users in the building. As the site was initially developed in the late 1960s, the landscaping does not meet current ordinance requirements and standards. Based on current standards, conditions of approval are recommended below that require the enhancement of the streetscape landscaping (trees and shrubs) along Sir Barton and South Parliament Drives to screen the parking lot and a planted buffer (large evergreen shrubs) adjacent to the existing homes to the west. There was no opposition to the request. Mahesh Gopinath Page 2 of 2 ¦ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request to the City Council with the following conditions: In accordance with the requirements of the City of Virginia Beach Landscaping Guide, streetscape landscaping shall be installed along South Parliament Drive and Sir Barton Drive to screen the parking lots from the public rights-of-way. Said plant materials shall be depicted on a plan and be submitted to the Department of Planning / Current Planning staff for review. 2. In accordance with the requirements of the City of Virginia Beach Landscaping Guide, Category I Landscaping shall be installed along the western property line for the length of the building to screen the subject site from the existing residential dwelling to the west. Said plant materials shall be depicted on a plan and be submitted to the Department of Planning / Current Planning staff for review. 3. The exterior of the building for the dental office and vocational school shall be renovated in substantial conformance with the building elevation rendering entitled, "Proposed Elevation," which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. ¦ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting De e ency: Planning Departmen City Manager -?C t-\ KEMPSVILLE Mahesh Go inath rr?a 62 B1, IR1o Rio s AN? ?O 02 07.6 82 f ? 82 R7.5. ?J , ? ?"??m , Q R7(5 82 , cuP- scnow. vaK'rond REQUEST: Conditional Use Permit (vocational school - dental assistant) ADDRESS / DESCRIPTION: 405 South Parliament Drive GPIN: ELECTION DISTRICT 14664995730000 KEMPSVILLE 5 December 11, 2013 Public Hearing APPLICANT: MAHESH GOPINATH PROPERTY OWNER: KEHLAM PROPERTIES, LLC STAFF PLANNER: Carolyn A.K. Smith SITE SIZE: AICUZ: 17,500 square feet Less than 65 dB DNL BACKGROUND / DETAILS OF PROPOSAL The applicant requests a Conditional Use Permit for a vocational school, specifically a dental assistant school. The existing "L"-shaped building, built in 1968, is occupied by office uses. While the footprint of the building is not proposed to change, the applicant proposes interior improvements, including conversion of a portion of the ground floor into a dental office and conversion of the second floor area directly above into a dental assisting school. A 443-square foot classroom, dental and x-ray labs, a kitchen/break room, an office, and common space are proposed as part of the school. Exterior renovations to the office building are currently underway, and include a remodel of the entire faCade utilizing aluminum storefront windows with insulated glass, a brick base up to the water-table level, and earth-tone exterior insulation finishing system (EIFS). The existing, 30-space parking lot will continue to serve the office uses as well as provide parking for the 16 students attending classes, typically on Fridays and Saturdays, between the hours of 9:00 a.m. to 1:00 p.m. MAHESH GOPINATH Agenda Item 5 Page 1 LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: two-story office building, parking lot SURROUNDING LAND North: . Fuel sales / B-2 Community Business District USE AND ZONING: South: . Sir Barton Drive • Single-family dwelling / R-7.5 Residential District East: • South Parliament Drive • Mixed retail / B-2 Community Business District West: . Single-family dwellings / R-7.5 Residential District NATURAL RESOURCE AND The site is within the Chesapeake Bay watershed. As the site is CULTURAL FEATURES: almost entirely impervious, there do not appear to be any natural or cultural resources on site. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area of the city as the Suburban Area. The general planning principles for the Suburban Area focus on preserving and protecting the overall character, economic value, and aesthetic quality of stable neighborhoods, including non- residential areas. These policies call for new uses to maintain or enhance the quality of the area with attractive sites and buildings, and that projects be compatible with residential uses in respect to the type, size, and intensity of the proposed use. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): South Parliament Drive and Sir Barton Drive in the vicinity of this application are considered two-lane undivided local streets. They are not included in the MTP. There are no current Roadway CIP projects for the area surrounding the parcel. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic South Parliament No traffic counts are There is no capacity Existing Land Use - Drive and Sir available for these data available for 38 ADT Barton Drive roadways `local streeY type Proposed Land Use 3 - 92 ADT Average Daily Trips Zas defined by office use 3 as defined b office use, dental office and vocational school WATER & SEWER: This site is already connected to City water and sewer. There is an existing 5/8-inch meter that can be used or upgraded to accommodate the proposed renovations. Note that Pump Station 405 has existing capacity issues and may require system modification. MAHESH GOPINATH ' Agenda Item 5 Page 2 There is an existing six-inch City water main along South Parliament Drive and an existing six-inch water main in Sir Barton Drive. There two existing eight-inch City sanitary sewer gravity mains adjacent to the site: one along South Parliament Drive and one along Sir Barton Drive. EVALUATION AND RECOMMENDATION The existing two-story office building was constructed in 1968 and is in need of updating. The applicant has begun improvements to the interior and exterior of the building. A dental office is proposed, operating as a matter of right under the current B-2 Community Business District zoning, in a portion of the first floor, and a dental assisting school is proposed to occupy the second floor above. A Conditional Use Permit is required for the vocational school (dental assistant school). A 443-square foot classroom, dental and x-ray labs, a kitchen/break room, an office, and common space are proposed as part of the school. Renovations that are currently underway for much of the building include the remodel of the fagade utilizing aluminum storefront windows with insulated glass, a brick base to the water-table level, and earth-tone exterior insulation finishing system (EIFS). This proposed small school will have a maximum of 16 students and will utilize the existing, 30-space parking lot. There is ample parking for the school, the dental office, and other users in the building. As the site was initially developed in the late 1960s, the landscaping does not meet current ordinance requirements and standards. Based on current standards, conditions of approval are recommended below that require the enhancement of the streetscape landscaping (trees and shrubs) along Sir Barton and South Parliament Drives to screen the parking lot and a planted buffer (large evergreen shrubs) adjacent to the existing homes to the west. The proposal is consistent with the Comprehensive Plan's Suburban Area policies that recommend that new uses maintain or enhance the quality of the area with attractive site layouts and building designs, and that projects be compatible with residential uses with respect to the type, size, and intensity of the proposed use. This small vocational school blends well with the surrounding uses, including the neighboring residential homes, and is compatible with the scale and massing of the buildings in the vicinity of the site. Staff recommends approval subject to the following conditions. CONDITIONS 1. In accordance with the requirements of the City of Virginia Beach Landscaping Guide, streetscape landscaping shall be installed along South Parliament Drive and Sir Barton Drive to screen the parking lots from the public rights-of-way. Said plant materials shall be depicted on a plan and be submitted to the Department of Planning / Current Planning staff for review. 2. In accordance with the requirements of the City of Virginia Beach Landscaping Guide, Category I Landscaping shall be installed along the western property line for the length of the building to screen the subject site from the existing residential dwelling to the west. Said plant materials MAHESH GOPINATH Agenda Item 5 Page 3 shall be depicted on a plan and be submitted to the Department of Planning / Current Planning staff for review. 3. The exterior of the building for the dental office and vocational school shall be renovated in substantial conformance with the building elevation rendering entitled, "Proposed Elevation," which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site p/an 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 Deparfinent of P/anning / Development Services Center and Department of Planning /Permits and /nspections Division, and the issuance of a Cerfificate 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 fo this site. MAHESH GOPINATH Agenda Item 5 Page 4 IN- .? AERIAL OF SITE LOCATION MAHESH GOPINATH Agenda Item 5 Page 5 a R 8? 6^ E f b (.(?) 3NNO lN3WVll1lYd HlllpS ?? (/, ? • ? I? .ti / ? ?S y y ' ? R?S?EC Sb ? ti = xxMx I W -- ? ? ? I q m m ?g ? , . ? . ?i . y Y? Y , ?- ?i ?.? -- ; ???? I- ---- '?'?? ??R .. _ ?.eomswmaw € , o??? ?? gn?go MAH SITE LAYOUT i I i . ?H GOPINA TH Agenda Ite m 5 Pag e 6 i >< PROPOSED ELEVATION ? MAHESH GOPINATH ?II Agenda Item 5 Page 7 ,'', KEMPSVILLE h4a t to tir.=iie lvianesn tio inain + +r / \ , ,. (? ? ? ? N1u E ? S 8 8,A ( °w BZ 2 -4? r l . ? f / AR'hc?d `R L-1 ' ?? ?Ci? CJ ? _ Q ?>t CO• o , R? 5 ? 2? ` r ' Zoning with Conditions.Proflera, Open Space Piomoflon or PDH-2 Overlays CUP - School, Vocation ZONING HISTORY # DATE REQUEST ACTION 1 02/02/11 Conditional Use Permit church) Granted 2 11/23/04 12/11/01 02/13/01 05/25/93 Conditional Use Permit (church) Conditional Use Permit (church) Conditional Use Permit (church) Conditional Use Permit church Granted Granted Granted Granted 3 05/27/97 Rezonin (R-7.5 & B-2 to Conditional B-1 Granted 4 05/12/92 Conditional Use Permit (auto repair Granted r?'?IA•$Fe?i MAHESH GOPINATH ' Agenda Item 5 Page 8 ? I:? ;? APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the foilowing: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach lisf if necessary) Applicant: Mahesh Gopinath, Kleham Properties: Managing Member: Mahesh Gopinath, Member: Lekshmi Mahesh 2. List all businesses that have a parent-subsidiary' or affiliated business entityZ relationship with the applicant: (Attach lisf if necessary) ? Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is differenf from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) 2. List all businesses that have a parent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ? Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes No `r _ If yes, what is the name of the official or employee and the nature of their interest? DISCLOSURE STATEMENT MAHESH GOPINI#TH Agenda Item 5 Page 9 i ? i ? t ? ADDITIONAL DISCLOSURES List ali known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) Geft@fal COtltfaCtOf: Mid-Atlantic Building Services, 100 Aragona Blvd., Suite 102, Virginia Beach, VA 23462 AfChiteCt: Ivy Architectural Innovations, PC, 207 Business Park Drive, Suite 200, Virginia Beach, Virginia, 23462 ? ? ? ? ( "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 reqular basis; or there is otherwise a close workinq relationship CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to phArfograph and view the site for purposes of processing and evaluating this application. ApplicanYs /'y/z 1?T= f l? L'i (I?r/?/?/? Print Name Property Owner's Signature (if different than applicant) Print Name DISCLOSURE STATEMENT MAHESH GOPINATH Agenda Item 5 Page 10 Item #5 Mahesh Gopinath Conditional Use Permit 405 S. Parliament Drive District 2 Kempsville December 11, 2013 CONSENT An application of Mahesh Gopinath for a Conditional Use Permit (vocational school - dental assistant) on property located at 405 South Parliament Drive, District 2, Kempsville. GPIN: 14664995730000. CONDITIONS 1. In accordance with the requirements of the City of Virginia Beach Landscaping Guide, streetscape landscaping shall be installed along South Parliament Drive and Sir Barton Drive to screen the parking lots from the public rights-of-way. Said plant materials shall be depicted on a plan and be submitted to the Department of Planning / Current Planning staff for review. 2. In accordance with the requirements of the City of Virginia Beach Landscaping Guide, Category I Landscaping shall be installed along the western property line for the length of the building to screen the subject site from the existing residential dwelling to the west. Said plant materials shall be depicted on a plan and be submitted to the Department of Planning / Current Planning staff for review. 3. The exterior of the building for the dental office and vocational school shall be renovated in substantial conformance with the building elevation rendering entitled, "Proposed Elevation," which has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. AYE 9 NAY 0 ABS 0 ABSENT 2 BERNAS AYE FELTO N AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE Item #5 Mahesh Gopinath Page 2 RUSSO ABSENT THORNTON ABSENT By a vote of 9-0, the Commission approved item 5 by consent. The applicant Mahesh Gopinath appeared before the Commission. ? ? a ? .. .c ? ? ;..?' ? ? ? W .i J - ? W ? Z W V ? U lz d ? ? ?a ? ? ? ? ? ? ? ? 0 u ? .? c ? N ?. NUS£.ICt f0 \ y??7 r ?u ? S) j i :?.,,,..,,•!r CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: LUCILA A. FIGUEREO (Applicant / Owner), Conditional Use Permit for a Home Occupation (Family Child Daycare) at 2021 Manassas Run (GPIN 1454782902). CENTERVILLE DISTRICT. MEETING DATE: February 25, 2014 ¦ Background: The applicant is requesting a Conditional Use Permit for a Home Occupation, specifically requesting an increase in the number of children that the applicant currently cares for at her child daycare. The applicant currently cares for up to five children, which is the maximum number of children permitted without a use permit. The applicant proposes to increase the maximum number of children to 12. The applicant is licensed by the Department of Social Services. ¦ Considerations: The subject site is 5,000 square feet, is zoned R-5D Residential Duplex District, and is occupied by a single-family residential dwelling. The home is located on a dead end residential street. The rear yard provides ample outdoor play space and is fully enclosed with a six-foot vinyl privacy fence. There are several play structures in the rear yard. Additional information describing the applicant's proposal is provided in the attached staff report. There was no opposition to the request. ¦ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request to the City Council with the following conditions: 1. The child daycare shall be limited to a total of twelve (12) children, other than children living in the home, and the permitted number of children based on their ages shall be as set forth by the Virginia Department of Social Services. 2. No more than one (1) person, other than the applicant and immediate family, shall assist with the operation of the Family Daycare Home at any Lucila A. Figuereo Page 2 of 2 one time. 3. Hours of operation shall be 7:30 a.m. to 4:30 p.m., Monday through Friday. Additionally, the applicant may occasionally provide overnight care for children. 4. The applicant shall stagger the arrival and departure times for the children such that vehicular congestion is avoided. 5. All play equipment associated with the child daycare business shall be located behind the front faCade of the house and within the fenced yard area when not open for business. 6. A non-illuminated sign not more than one square foot in area, identifying the home daycare may be mounted flat against the house. 7. The applicant shall be licensed with the Commonwealth of Virginia for this use. Failure to maintain said license in good standing shall result in revocation of this Conditional Use Permit. 8. The applicant shall obtain all necessary permits and inspections from the Planning DepartmenU Permits and Inspections Division. The applicant shall secure a Certificate of Occupancy from the Building Official for use of the house as a Family Daycare Home. ¦ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department ? ? City Manager: S k , CYTClVII t F ?u e-» Lucda A. r i RSID? . -? D RJ?Q r ?. R5D RM` GLE,?1 VIEW RUN t ?J ?? .r c?s?. uo. Y.•v? GUP - Home Occupaofa 5 January 8, 2014 Public Hearing APPLICANT: LUCILA A. FIGUEREO PROPERTY OWNER: LUCILA A. FIGUEREO STAFF PLANNER: Kevin Kemp REQUEST: Conditional Use Permit (Family Child Daycare) ADDRESS / DESCRIPTION: 2021 Manassas Run GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14547829020000 CENTERVILLE 4,999 square feet Less than 65 dB DNL BACKGROUND / DETAILS OF PROPOSAL The applicant requests a Conditional Use Permit for a home child daycare facility for up to 12 children. The applicant has been operating a home child daycare facility for over 25 years and is licensed by the Commonwealth of Virginia, Department of Social Services. The applicant has a valid Virginia Beach business license; however, there is no record of a Conditional Use Permit, and thus, this application has been submitted. There will be no additional employees other than the applicant and her immediate family. The day care is open from 7:30 a.m. to 4:30 p.m., Monday through Friday. Drop-off and pick-up times will be staggered. Additionally, the applicant provides occasional overnight care for children whose parents are on active military duty. The frequency of overnight care is not expected to exceed one night per month. The age of children will range from newborn to 5 years old. The home is located on an approximately 5,000 square foot lot. The backyard provides ample outdoor play space and is fully enclosed with a six-foot vinyl privacy fence. There are several play structures in the rear yard. The home is located on a dead end residential street in the Alexandria neighborhood. LUCILA A. FIGUEREO Agenda Item 5 Page 1 LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Single-family residential SURROUNDING LAND North: . Single-family homes / R-5D Residential District USE AND ZONING: South: . Single-family homes / R-5D Residential District East: . Manassas Run • Single-family homes / R-5D Residential District West: . Single-family homes / R-5D Residential District NATURAL RESOURCE AND The site is developed with a single-family home. There is no CULTURAL FEATURES: significant natural resource or cultural features. The site is located in the Southern Watershed. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area of the City as Suburban Area. The general planning principles for the Suburban Area focus on preserving and protecting the overall character, economic value, and aesthetic quality of stable neighborhoods. Three key planning principles have been established in the Comprehensive Plan to promote this stability: preserve neighborhood quality, create and protect open spaces, and connect suburban mobility. To preserve neighborhood quality the Plan promotes compatible infill development and conditions on places of special care and home occupations, either maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability, and effective buffering with respect to type, size, intensity and relationship to the surrounding uses. (pp. 3-1, 3-2) IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Manassas Run in the vicinity of this application is considered a two-lane undivided local street. It is not included in the Master Transportation Plan. No roadway Capital Improvement Program projects are slated for this roadway. TRAFFIC: Street Name Present Volume present Capacity Generated Traffic Manassas Run No data No data available Existing Land Use -10 available ADT Proposed Land Use 3- 23 ADT Average Daily Trips Zas defined by single family house ' as defined b sin le-famil house with da care LUCILA.A. FIGU ? x Agenda =ftEO It4rn 5 'age 2 WATER & SEWER: The site is already connected to City water and sewer. EVALUATION AND RECOMMENDATION The Department of Social Services is responsible for ensuring quality care for the children. A family daycare home (child daycare) is subject to licensure when 6 to 12 children, not including the provider's own children or any children who reside in the home, are provided care at any one time. The licensed capacity is the number of children allowed in care at any one time. The number of children permitted is based on age and is determined by a point system developed by the Virginia Department of Social Services. The applicant is requesting a Conditional Use Permit for a family daycare home for up to 12 children. A Conditional Use Permit is required by the City Zoning Ordinance for any home providing care for more than five children except children who are related by blood or marriage to persons who maintain the home or where the total number of children received, including relatives, exceeds seven. The subject site contains a single-family dwelling located on an approximately 5,000 square foot lot. The rear yard of the property is entirely enclosed by a six-foot tall vinyl fence and provides ample space for a children's play area. The traffic generated by this use should not negatively impact any of the neighboring properties. The site is located on a dead end street that experiences little traffic volume. Additionally, the drop-off and pick-up times will be staggered to prevent congestion. There is space in the driveway, as well as a cul-de-sac located farther down Manassas Run that provide space for the customers to turn their vehicles around and exit the neighborhood. The applicant proposes no changes to the exterior of the dwelling. Based on the above, Staff recommends approval of this request with the conditions listed below. CONDITIONS 1. The child daycare shall be limited to a total of finrelve (12) children, other than children living in the home, and the permitted number of children based on their ages shall be as set forth by the Virginia Department of Social Services. 2. No more than one (1) person, other than the applicant and immediate family, shall assist with the operation of the Family Daycare Home at any one time. 3. Hours of operation shall be 7:30 a.m. to 4:30 p.m., Monday through Friday. Additionally, the applicant may occasionally provide overnight care for children. 4. The applicant shall stagger the arrival and departure times for the children such that vehicular congestion is avoided. 5. All play equipment associated with the child daycare business shall be located behind the front fagade of the house and within the fenced yard area when not open for business. LUCILA A. FIGUE##tEO x•"" : Agenda I5 Rage 3 6. A non-illuminated sign not more than one square foot in area, identifying the home daycare may be mounted flat against the house. 7. The applicant shall be licensed with the Commonwealth of Virginia for this use. Failure to maintain said license in good standing shall result in revocation of this Conditional Use Permit. 8. The applicant shall obtain all necessary permits and inspections from the Planning Department/ Permits and Inspections Division. The applicant shall secure a Certificate of Occupancy from the Building Official for use of the house as a Family Daycare Home. NOTE: Furfher conditions may be required during the administration of applicable City Ordinances and Standards. Any site p/an 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, inc/uding those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certiricate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to confact and work with the Crime Prevention Offi-ce within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. LUCIL4,A. FIGUEREO ` Agenda Itw 5 Page 4 AERIAL RAPH OF SITE AND SURROUNDING AREA LUC A. FIGUEREO Agenda Item 5 Paae 5 During the past ten years, there have been no Use Permit, Rezoning, Subdivision Variance, or Street Closure requests in the area shown above. LUCILA A. FIGUE Agenda It Dc :O i5 ;6 APPLICANT DISCLOSURE If the appiicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Aftach list if necessary) 2. List all businesses that have a parent-subsidiary' or affiliated business entityz relationship with the applicant: (Attach list if necessary) ? Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Comp/ete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. beiow: (Attach list if necessary) 2. List all businesses that have a parent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ZZ n v'?'1 %-- 4/ r?. W_ ? Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes No ? If yes, what is the name of the official or employee and the nature of their interest? DISCLOSURE STATEMENT k LUCILA A. FIGUEREO Agenda It#rn 5 Page 7 ? ? ? ? ? ? ? ? ? ADDITIONAL DISCLOSURES l.ist all known contractors or businesses that have or will provide services with respect to the requested properry use, including but not iimited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (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 Govemment Conflict of Interests Act, Va. Code § 2.2-3101. 2"Affiliated business entity relat+onship" 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 othenivise a close worlcing relationship between the entities." See State and Local Govemment Conflict of Interests Act, Va. Code § 2.2-3101. ?j ., ? ? ? ? 1 ? ? ? ? ? % ? ? ? ? ? ? / "4 CERTIFICATION: 1 certify that the irrformation contained herein is true and accurate. 1 understand that, upon receipt of notification (postcard) thai the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package, The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the sfte for purposes of processing and evaluating this application. 71 1z f? Applicant's Signature Print Name .J c, N " -z, S l A,• L \ Property Owner's Signature (if different than applicant) Print Name ? DISCLOSURE STATEMENT WCILA A. FIGUEREO Agenda Itsm 5 Page 8 Item #5 Lucila A. Figuereo Conditional Use Permit 2021 Manassas Run District 1 Centerville January 8, 2014 CONSENT An application of Lucila A. Figuereo for a Conditional Use Permit (Family Child Daycare) on property located at 2021 Manassas Run, District 1, Centerville. GPIN: 14547829020000. CONDITIONS 1. The child daycare shall be limited to a total of twelve (12) children, other than children living in the home, and the permitted number of children based on their ages shall be as set forth by the Virginia Department of Social Services. 2. No more than one (1) person, other than the applicant and immediate family, shall assist with the operation of the Family Daycare Home at any one time. 3. Hours of operation shall be 7:30 a.m. to 4:30 p.m., Monday through Friday. Additionally, the applicant may occasionally provide overnight care for children. 4. The applicant shall stagger the arrival and departure times for the children such that vehicular congestion is avoided. 5. All play equipment associated with the child daycare business shall be located behind the front fagade of the house and within the fenced yard area when not open for business. 6. A non-illuminated sign not more than one square foot in area, identifying the home daycare may be mounted flat against the house. 7. The applicant shall be licensed with the Commonwealth of Virginia for this use. Failure to maintain said license in good standing shall result in revocation of this Conditional Use Permit. 8. The applicant shall obtain all necessary permits and inspections from the Planning Department/ Permits and Inspections Division. The applicant shall secure a Certificate of Occupancy from the Building Official for use of the house as a Family Daycare Home. item #5 Lucila A. Figuereo Page 2 A motion was made by Jeff Hodgson and seconded by Chris Felton to approved item 5 by consent. AYE 10 FELTON AYE HODGSON AYE HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE NAY 0 ABS 0 ABSENT 0 A verbal vote was done by Commissioner Oliver. Vote machine not registering vote. By a vote of 10-0, the Commission approved item 5 by consent. ? H w a 0 v 4. 0 c a ? W 0 ? ? a ? C ? Qa ? N OQ iJ Q" ?D O o? u-,02 ? o '30 R)a .- ? Nro . cR' ? `?o tU ? ?2R ? CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: WITCHDUCK COURT, LLC (Applicant / Owner), Modification of Conditional Chanqe of Zonina. Request is to modify Proffer 4 pertaining to fencing. 527 North Witchduck Road (GPIN 1467980821). BAYSIDE DISTRICT. MEETING DATE: February 25, 2014 ¦ Background: On March 27, 2012, the City Council approved a Conditional Change of Zoning from R-7.5 Residential to PD-1-12 Planned Development [A-12 Apartment] for the purpose of permitting development of the site with 16 single-family condominium dwelling units. The applicant is now requesting a Modification to the Proffers of that Conditional Change of Zoning for the purpose of modifying the style, material, and dimensional attributes of the fencing that was proffered as part of the development. ¦ Considerations: The applicant requests a modification of Proffer 4 as follows: Southern (Front) Lot Line - In lieu of the proffered decorative four-foot high, coated aluminum fence with brick columns spaced eight-foot on- center along the southern (front) property line, the applicant proposes to use the same four-foot high, coated aluminum fence with brick columns; however, the columns will be spaced thirty-feet on-center; and Eastern and Western (Side) Lot Lines - In lieu of the proffered six-foot high, wooden fence along the eastern and western property lines, the applicant proposes use of a six-foot high white polyvinyl fence. The applicanYs reason for requesting an increase in the distance befinreen the brick columns along the front lot line is the discovery during the site construction plan phase of the development that the fence encroaches into a City water main easement. Repairs to the water line would cause costly replacement of the fencing. A majority of the cost of repairs or replacement would be associated with the brick columns. As such, the applicant requests to reduce the number of brick columns by increasing the distance between the columns to thirty feet. Staff finds that use the same decorative coated aluminum fencing material, even though the number of brick columns will be reduced will still maintain the intent of the original design. Witchduck Court, LLC Page2of2 Staff also finds that the applicant's request to change the proposed fencing along the eastern and western property lines from a six-foot high wood fence to a six- foot high white polyvinyl fence is an enhancement to the development. This change would benefit the residents of the community by providing a higher- quality material requiring less maintenance. There was no opposition to the request. ¦ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of this request to the City Council. ¦ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting DepartmentlAgency: Planning Department ? City Manage • RS ? C.b3 0.6? tAYEIDE .la mpfte. Witchduck Court, L.L.C. alr \ \ Air ; avwo A12' n A1Y' ''? •e• - Air , ? r atir R7.3• c, .- (At2 ! r Ris ` y , s2 ? ; . -,???-- Modilfcatlon of Conditions s?w?o+... voxa a..w. D2 January 8, 2014 Public Hearing APPLICANT: WITCHDUCK COURT, L.L.C. PROPERTY OWNER: WITCHDUCK COURT, LLC STAFF PLANNER: Kevin Kemp REQUEST: Modification of a Conditional Rezoninct approved by the City Council on 3/27/2012. ADDRESS / DESCRIPTION: 527 North Witchduck Road GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14679808210000 BAYSIDE 1.675 Acres Less than 65 d6 DNL APPLICATION HISTORY: The Planning Commission deferred this application during the December 11, 2013 Planning Commission Hearing at the request of the applicant. The deferral was granted to allow the applicant time to discuss alternative fence types for the property. BACKGROUND / DETAILS OF PROPOSAL The applicant is requesting a Modification to Proffers of the Conditional Rezoning approved by City Council on March 27, 2012. The Proffers approved in the Conditional Rezoning are as follows: 1. "The Property shall be used for the purposes and uses permitted in the PDH-2 Zoning District with an underlying A-12 Zoning District. The Open Space as defined herein shall be rezoned to P-1 as required by the PDH-2 Ordinance. The total number of dwelling units permitted on the Property shall not exceed sixteen (16). Each dwelling unit shall contain a minimum of 1,350 square feet of living area, and at least a single (1) car garage. The Property shall provide for six (6) guest parking spaces. The Open Spaces, as defined herein, shall be rezoned to P-1, prior to subdivision approval, as required by the City Zoning Office. 2. A subdivision plat approved by the City of Virginia Beach shall be duly recorded to sever all the Parent Property from the Property. The subdivision plat shall comply with applicable City Zoning Ordinances, including by not limited to the minimum lot size requirements. WITCHDUCK COURT, L.L.C. Agenda Item D2 Page 1 3. Grantor shall comply with all reasonable terms and conditions of all City Ordinances related to matters of Public Works, Traffic Engineering, Public Safety, Public Utilities and Storm Water Management. 4. In order to provide for the coordinated development of the Property, the Property shall be developed in substantial conformity with that certain paln entitles, "EXHIBIT OF WITCHDUCK COURT CONDOS, Virginia Beach, Virginia," dated May 1, 2011, prepared by MSA (the "Concept Plan"), a copy of which is on file with the City of Virginia Beach, Department of Planning, with regard to layout, ingress and egress, and landscaping. Grantor shall comply with all the terms and conditions of all City Ordinances and Guidelines pertaining to landscape design. The landscaping shall substantially conform as depicted in the Concept Plan. Vehicular ingress and egress shall be situated as depicted on the Concept Plan. The architectural design of the residential buildings will be substantially as depicted on the two (2) elevations designated as "WITCHDUCK COURT CONDOS PLAN AND DETAILS, Virginia Beach, Virginia" prepared by Progressive Designs have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning ("Elevations"). The exterior building materials shall be a combination of architectural shingles, raised seam metal roof accents, faux cedar vinyl, beaded vinyl, vinyl and brick skirts. 6. The dimensional requirements applicable to Witchduck Court shall be as follows: • Minimum Distance from Witchduck Court- 20 feet • Minimum Setback from Adjacent Properties- North 10 feet • Minimum Setback from Adjacent Properties- West 20 feet • Minimum Setback from Adjacent Properties- East 15 feet 7. When the property is developed, the Grantor shall record a Declaration submitting the Property to the Condominium Act of the Commonwealth of Virginia. The Condominium Unit Owners' Association shall be responsible for maintaining all open spaces, common areas, landscaping and other improvements on the Property as depicted on the Concept Plan. Membership, by all residential unit owners, in the Condominium Association shall be mandatory. The Condominium documents shall include restrictive covenants which prohibit use of the common areas for any purpose but recreation and open space. 8. The areas depicted on the Concept Plan which will not be occupied by residential dwellings, patios (fenced or unfenced), drive aisles, and parking areas are open spaces (the "Open Spaces") which shall be utilized as such. 9. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. 10. Further lawful conditions or restrictions against the Property may be required by Grantee during the detailed Site Plan review and administration of applicable codes and regulations of Grantee by all appropriate agencies and departments of Grantee, which shall be observed or performed by Grantor. Grantor acknowledges that additional further lawful conditions or restrictions may be imposed by Grantee as a condition of approvals, including but not limited to final Site Plan approval. WITCHDUCK G4URT, L-,i:.C, Agenda Item D2 Page 2 11. All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, in force as of the date the conditional rezoning amendment is approved by the Grantee. 12. 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 specified in this Agreement, including (a) the ordering in writing of the remedying of any noncompliance with such conditions, and (b) the brining of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the City Zoning Ordinance or this Agreement, a petition shall be filed to the governing body for review thereof prior to instituting proceedings in court; and (4) the Zoning Map shall show by an appropriate symbol on the Map the existence of conditions attaching to the zoning of the subject Property on the Map and that the ordinance and conditions may be readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department and that 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 Grantee." Proffer numbers 1, 5, 6 and 8 controls the density of the property, use of open spaces, materials and appearance of dwelling units, and the dimensional requirements. Proffer numbers 2, 3, 7 and 10 ensure that all applicable City Code requirements are met, as well as the establishment of a Condo Association. Proffer number 11 and 12 regulate the administrative and procedural aspects of enforcement of the approved Proffers. This application proposes to change Proffer number 4, which states that the property shall be developed in substantial conformity with the site plan that was submitted and approved by City Council on March 27, 2012. On the original Concept Plan the fencing along the southern property line is called out as a decorative four-foot tall, coated aluminum fence with brick columns spaced eight-foot on-center. The applicant requests that the brick columns be spaced 30-feet on-center instead of the proffered distance of eight feet. Additionally, the applicant requests that the six-foot tall wooden fence proffered for installation along the eastern and western property lines be changed to a six-foot high white polyvinyl fence. As such, Proffer 4 would be amended to read the following: PROFFER 4 1. In order to provide for the coordinated development of the Property, the Property shall be developed in substantial conformity with that certain plan entitled "EXHIBIT OF WITCHDUCK COURT CONDOS, Virginia Beach, Virginia," dated December 13, 2013, prepared by MSA (the "Concept Plan"), a copy of which is on file with the City of Virginia Beach, Department of Planning, with regard to layout, ingress and egress, and landscaping. Grantor shall comply with all terms and conditions of all City Ordinances and Guidelines pertaining to landscape design. The landscaping shall substantially conform as depicted in the Concept Plan. Vehicular ingress and egress shall be situated as depicted on the Concept Plan. 2. The original Proffer Agreement, except as herein amended, shall remain in full force and effect. WITCHDUCK G4URT, L.L.C. Agenda Item D2 Page 3 LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Undeveloped vacant site SURROUNDING LAND North: . Multifamily Dwellings / A-12 Apartment District USE AND ZONING: South: . Witchduck Court • Commercial / B-2 Community Business District East: . Religious Use / R-7.5 Residential District West: . Townhomes / A-12 Apartment District NATURAL RESOURCE AND The site is an undeveloped grass field. There do not appear to be CULTURAL FEATURES: any significant natural or cultural resources. The site is located in the Chesapeake Bay Watershed. EVALUATION AND RECOMMENDATION The applicant requests a modification of Proffer 4 of the 2012 rezoning, for the purpose of using different spacing for the proposed brick columns along the front property line and a different style fence for the side property lines than what was proffered. The modifications consist of the following: Front Lot Line - In lieu of the proffered decorative four-foot tall, coated aluminum fence with brick columns spaced eight-foot on-center along the southern property line, the applicant proposes to use a decorative four-foot tall, coated aluminum fence with brick columns spaced thirty-feet on- center; and Eastern and Western Lot Lines - In lieu of the proffered six-foot tall, wooden fence along the eastern and western property lines, the applicant proposes use of a six-foot tall white polyvinyl fence. The narrative submitted with the application states that the proffered four-foot tall aluminum fence encroaches into a City water easement directly over a City water main. Repairs to the water line would cause costly replacement of the fencing. A majority of the cost of repairs or replacement is associated with the brick columns. As such, the applicant requests to reduce the number of brick columns and space them thirty-foot on-center. Staff feels that using the same decorative coated aluminum fencing material and reducing the number of columns will maintain the intent of the original approval in 2012 and will not significantly impact the desired effect of high-quality fencing along Witchduck Court. Staff has no opposition to this change. The applicant also requests changing the fencing along the eastern and western property lines to a six- foot white polyvinyl fence. This change would benefit the residents of the community by providing a higher-quality, maintenance free product. As such, staff has no opposition to this request. Staff recommends approval of this request as proffered. WITCHDUCK C4URT, L.L.C. Agenda Itern; D2 Page 4 .? `•'?? ?I ' i w ,?i ? '? •L '?, =:w? ? }. ,.. ?.. ? AERIAL OF SITE LOCATION WITCHDUCK COURT, L.L.C. Agenda Item D2 Page 5 } ._ ,.. ?•c"C . rw.? ?------- ,r,w...r rOMdD ?AVOOfT !Le3T IMICtIM? h YK.W sR DCTA6 749 !IQ? BAYSI DE «7•. -?- A --I _ !"_.L T T !" ll-b tto5 ? _ --?...,..` W VVlll;llUUILK <.VUI l.g L.L•?. t- - A12* , E „ <-?,?-` ' '` ? .re? , \. . -_ •, 12? \ y y "?? ;C ?,,_?___?.?? ? ?,?? ?? ?4??? . f? o • zon;,rg »im cone;tf?onsP,w/e... Open Spxe Promoifon or POH•2 Overlays Modification of CondiUOr ZONING HISTORY # DATE REQUEST ACTION 1 03/27/2012 Conditional Use Permit Reli ious Facilit A roved 2 03/27/2012 Chan e of Zonin R-7.5 to A-12 PDH-2 A roved 08/04/2012 Chan e of Zonin A-12 PDH-2 to P-1 A roved 3 02/09/2010 Conditional Use Permit Reli ious Facilit Withdrawn 4 09/25/2007 Conditional Use Permit Automobile Repair A roved 5 08/28/2001 Chan e of Zonin R-7.5 to A-12 PDH-2 A roved 6 05/26/1998 Conditional Use Permit Automobile Re air A roved 7 11/25/1997 Chan e of Zonin R-7.5 to A-12 A roved 8 03/28/1995 Conditional Use Permit Landfill) Denied 9 11/12/1963 Conditional Use Permit Reli ious Facilit A roved ZONING HISTORY WITCHDUCK COURT, L.L.C. ? Agenda Item D2 Page 7 1 ? k I ?I. APPLICANT DISCLOSURE I# the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, eic. below: (Attach lisf if necessary) Reserve Investments II, Inc. and McQ Buiiders, LLC - i Manager WiIliam Davenport and W. Joseph McCutchean 2. i.ist ali bus+nesses that have a parent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) N/A ? Gheck here if the appiicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only ff property owner is different hom applicanf. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Atfach lisf if necessaly) 2. List all bLisinesses that have a parent-subsidiary' or affiliated business enfity2 relationship with the applicant: (Aftach list if necessary) . ? Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. &` See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes No If yes, what is the name of the official or employee and the nature of their interest? DISCLOSURE STATEMENT WITCHDUCK CdURT, L.L.C. Agenda Item D2 Page 8 ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) MSA, P.C. A & W Contractors Monarch Bank '"Parent-subsidiary relationshlp" meens "a relationship thaf exists when one corporation directly or fndirectly owns shares possessing more than 50 percent of the voting power of another corporation.° See State and Local Government Gonflict of Interests Act, Va. Code § 2.2-3101. 2"Affiliated business entity relationship" means `a rela#ionship, other than parent- subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest +n the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other enfity, or (iii) fhere 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 t4vo entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or othervvise share activities, resources or personne{ on a regulai- basis; or there is ofhen+vise a c(ose working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3109. CERTtFICATION: I certify that the information contained herein is true and accurate. 1 understand thai, upon receipi of no6fication (postcard) that the appficalion has been sc:heduled for public hearing, I am responsible for obtaining and posting ihe required sign on the subject property at least 30 days prior to 1 scheduled public hearing according io the instructions in this package. The undersigned als nts to eniry upon ihe subject property by employees of the Departmeni of Planni o and view e site pur oses of processing an eval atin this application. w k/.?f? C- r iy A Y i rint Name/ya Property Owner's Signature (if different than applicant) Print Name DISCLOSURE STATEMENT WITCHDUCK COURT, L.L.C. Agenda Item D2 Page 9 Item #D2 Witchduck Court, L.L.C. Modification of Conditional Change of Zoning 527 North Witchduck Road District 4 Bayside January 8, 2014 CONSENT An application of Witchduck Court, L.L.C. for a Modification of a Conditional Rezoning approved by the City Council on 3/27/2012 on property located at 527 North Witchduck Road, District 4, Bayside. GPIN: 14679808210000. PROFFER PROFFER 4 1. In order to provide for the coordinated development of the Property, the Property shall be developed in substantial conformity with that certain plan entitled "EXHIBIT OF WITCHDUCK COURT CONDOS, Virginia Beach, Virginia," dated December 13, 2013, prepared by MSA (the "Concept Plan"), a copy of which is on file with the City of Virginia Beach, Department of Planning, with regard to layout, ingress and egress, and landscaping. Grantor shall comply with all terms and conditions of all City Ordinances and Guidelines pertaining to landscape design. The landscaping shall substantially conform as depicted in the Concept Plan. Vehicular ingress and egress shall be situated as depicted on the Concept Plan. 2. The original Proffer Agreement, except as herein amended, shall remain in full force and effect. A motion was made by Jeff Hodgson and seconded by Chris Felton to approved item D4. AYE 10 NAY 0 ABS 0 ABSENT 0 FELTON AYE HODGSON AYE HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE Item #D2 Witchduck Court, L.L.C. Page 2 THORNTON AYE A verbal vote was made by Commissioner Oliver. Vote machine not registering vote. By a vote of 10-0, the Commission approved item D2 by consent. Bob Miller appeared before the Commission on behalf of the applicant. r^G`?11A•BEAC?i OUR NAt\UN ? In Reply Refer To Our File No. DF-8877 TO: Mark D. Stiles -?? R ? M\/ FROM: B. Kay Wilsonli? CITY OF VIRGINIA BEACH INTER-OFFICE, CORRESYONDENCE DATE: February 11, 2014 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; Witchduck Court, LLC The above-referenced conditional zoning application is scheduled to be heard bythe City Council on February 25, 2014. I have reviewed the subject proffer agreement, dated December 13, 2013 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: Kathleen Hassen WITCHDUCK COURT, LLC a Virginia limited liability company (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) To CITY OF VIRGINIA BEACH a Municipal Corporation of the Commonwealth of Virginia THIS PROFFER AGREEMENT, made this 13th day of December, 2013, by and between WITCHDUCK COURT, LLC a Virginia limited liability company (the "Grantor") and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (the "Grantee"), with an address of 2405 Courthouse Dr., Municipal Center, Virginia Beach, VA 23456. RECITALS: A. WITCHDUCK COURT, LLC ("Reserve") is the owner of a certain parcel of property located in the City of Virginia Beach, herein known as Parcel B-1(GPIN 1467-98-0821). Parcel B-1 is described by the attached metes and bounds description. Witchduck Court, LLC was assigned the Purchase Contract on Parcel B-1 by Reserve Investments II, Inc, a Virginia corporation. Reserve tnvestments II, Inc. and McQ Builders LLC-1 became members of Witchduck Court, LLC. Witchduck Court LLC purchased Parcel B-1 from Bill Smith, Matt Mclean and Duane Caudill, Trustees for Aragona Church of Christ on October 18, 2012. B. Grantor has initiated an amendment to the Zoning Map of the City of Virginia Beach by petition of Grantor addressed to Grantee to change the zoning classification of the Property from R-7.5 to Conditional PDH-2 District, with an underlying A-12 District. The proposed amendment was made pursuant to the terms of the City Zoning Ordinance of the City of Virginia Beach, adopted April 18, 1988, as amended and in effect on the date of this Agreement (the "City Zoning Ordinance"). The amendment to the Zoning Map of Virginia Beach was adopted by City Council of the City of Virginia Beach on March 27, 2012. C. Grantee's policy is to provide for the orderly development of land for various purposes, through zoning and other land development legislation. D. Grantor acknowledges the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the property and at the same time recognize the effects of change, and the needs for various types of uses, certain reasonable conditions governing the use of Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantor's rezoning application gives rise. G PI N #1467-98-0821 DRAFTED BY: HENRY C. FRENCK, ATTORNEY AT LAW 4356 BONNEY RD. BLDG 2 SUITE 102, VIRGINIA BEACH VA 23452 E. The Grantor has voluntarily proffered in writing, in advance of and prior to the public hearing before the Grantee, as part of the proposed amendment to the Zoning Map, in addition to the regulations provided for the PDH-2 Zoning District, with an underlying A-12 District by the existing overall City Zoning Ordinance. The following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as part of the 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. The Proffers were recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach on April 5, 2012 as Instrument 20120405000369230. F. The conditions outlined in this Agreement have been proffered by Grantor and allowed and accepted by Grantee as a part of the amendment to the City Zoning Ordinance and the Zoning Map. These conditions shall continue in full force and effect until a subsequent amendment changes the zoning of the Property; provided, however, that such conditions shall continue if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance of Grantee. G. Proffer 4 states : In order to provide for the coordinated development of the Property, the Property shall be developed in substantial conformity with that certain plan entitled "EXHIBIT OF WITCHDUCK COURT CONDOS, Virginia Beach, Virginia," dated May 1, 2011, prepared by MSA (the "Concept Plan"), a copy of which is on file with the City of Virginia Beach, Department of Planning, with regard to layout, ingress and egress, and landscaping. Grantor shall comply with all terms and conditions of all City Ordinances and Guidelines pertaining to landscape design. The landscaping shall substantially conform as depicted in the Concept Plan. Vehicular ingress and egress shall be situated as depicted on the Concept Plan. During the construction of the infrastructure improvements for Witchduck Court Condos, it was discovered that that a decorative four-foot tall coated aluminum fence . with brick columns spaced eight feet on center west of the entrance sign along the frontage of Parcel B- 1, shown on the Concept Plan for Witchduck Court Condos, Virginia Beach, Virginia, dated May 1, 2011, encroaches into a City of Virginia Beach water line easement and sits almost on top of an 8 inch waterline. Any maintenance to the existing 8 inch water line could cause very expensive repairs to the fence and/or columns. It was also discovered that the six foot tall privacy fences along the eastern and western boundaries were shown as constructed of wood. NOW, THEREFORE, Grantor, its heirs, successors, assigns, grantees and other successors in title or interest to the Property, voluntarily and without any requirement by or exaction from Grantee or its governing body and without any element or compulsion or quid pro puo for zoning, rezoning, site plan, building permit or subdivision approval, request that Proffer 4 be amended to read as follows: 1. In order to provide for the coordinated development of the Property, the Property shalt be developed in substantial conformity with that certain plan entitled "EXHIBIT OF WITCHDUCK COURT CONDOS, Virginia Beach, Virginia," dated December 13, 2013, prepared by MSA (the "Concept Plan"), a copy of which is on file with the City of Virginia Beach, Department of Planning, with regard to layout, ingress and egress, and landscaping. Grantor shall comply with all terms and conditions of all City Ordinances and Guidelines pertaining to landscape design. The landscaping shall substantially conform as depicted in the Concept Plan. Vehicular ingress and egress shall be situated as depicted on the Concept Plan. 2. The original Proffer Agreement, except as herein amended, shall remain in full force and effect. WITNESS the following signs and seals: WIYWIOX?T, LLn NarrX: William 1. veiSrt, III Its• Member M ager COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: ? the undersigned, a Notary Public in and for the City and State aforesaid, do h eby ce ify that William J. Davenport, III, whose name is signed to the foregoing instrument as Member Manager of Witchduck Court, LLC, has sworn to, subscribed, and acknowledged the same before me in the City and Commonwealth aforesaid this ? day of December, 2013 on behalf of said limited liability company. Nota Publi My commission expires: ? 30`/ f° Registration No.: I ?-- Nancy C. Greene NOTARY PUBIIC Commonwealth of Virginla Reg. # 149232 My Comrafssion Fxpires SePt. 30, 2016 W Z z ? Y/ ? W 0 Z i IL r J r? ?I .? ? •? ?? ? I VI ? II N ? Q. ?. , ? 4h! 4)' ?I ? .c ? c ? N ?. ? 0 .? ? ? ? 0 U ? . i • ? r ? . , C d OC3. ? N O? ?4 b o O C `3 0 ca . ?, N??Q• vl ., ,?.. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: HOME ASSOCIATES OF VIRGINIA, INC. (Applicant & Owner), Conditional Chanae of Zonina, AG-1 Agricultural to Conditional R-15 Residential. 1864 Indian River Road (GPIN 2413225595). PRINCESS ANNE DISTRICT. MEETING DATE: February 25, 2014 ¦ Background: This application was deferred by the City Council on December 10, 2013. The applicant requested that the item be returned to the City Council for consideration. A new public notice sign was posted on the property with the new public hearing date, adjacent property owners have been notified, and the item has been advertised as required in the Virginian-Pilot. The applicant proposes to rezone a 6.05-acre parcel, currently zoned AG-1 and AG-2 Agricultural Districts, to Conditional R-15 Residential District in order to create six lots, a minimum of 15,000 square feet in size, for single-family dwellings. ¦ Considerations: The proffered site layout depicts a 50-foot wide, public right-of-way (cul-de-sac) intersecting Indian River Road. At the top of the cul-de-sac, a 50-foot wide reservation will be established for future right-of-way. This reservation will be recorded on the final plat and will provide future connectivity to the currently undeveloped site to the east. The entrance into the development is designed with stormwater management ponds on either side of the road, functioning as both visual and stormwater management amenities. Consistent with the recommendations for the Comprehensive Plan and the Transition Area Guidelines, the site layout depicts 52 percent of the property as open space. This open space includes a 150-foot wide Transition Area buffer along Indian River Road, to be dedicated to the City, and over two acres of open space on the northern portion of the property, to be owned and maintained by the Property Owners' Association. Total proposed open space for the site is proposed as 3.14 acres. A multi-use trail, accessible to the public, is proposed within the Transition Area buffer and is designed for future connections in the event the adjacent properties develop. The area within the Transition Area buffer will be the more formal of the open spaces, while the open space to the north will be left in its natural state with only selective clearing of understory trees and Home Associates of Virginia, Inc. Page 2 of 4 brush. A 10-foot wide planted area is shown along the western property line to provide a buffer between the proposed lots and the existing United States Coast Guard communication towers to the west. A Landscape Plan for the entire property is proffered to be completed and submitted during final site plan review and will reflect these requirements. The proffered building elevations are suggestive of the semi-rural character of the Transition Area. The primary building material is proffered as cement fiber- board (e.g. HardiePlank), consistent with the Comprehensive Plan's recommendation of the use of high quality materials. The proffers require that all front yards be sodded and that dwellings have minimum floor area: one-story dwellings must contain no less than 1,800 square feet of enclosed living area, excluding garage area and finro-story dwellings must contain no less than 2,100 square feet of enclosed living area, excluding garage area. The applicant has also proffered that $500.00 per lot will be paid to the City for acquisition of property for open space preservation, pursuant to the City's Outdoors Plan. It is Staff's finding that the proposal blends well with the existing area; is respectful of the rural character along this portion of Indian River Road; is designed with future connectivity to adjacent properties for vehicles and pedestrians; facilitates future preservation of the northern wooded areas; positions stormwater management facilities as visual, open space amenities; is consistent with both the AICUZ Overlay Ordinance and the Comprehensive Plan's density recommendations; and, places no detrimental burden on the capacity of roadways and other infrastructure in the Transition Area. There was opposition to the request. ¦ Recommendations: The Planning Commission, passing a motion by a recorded vote of 11-0, recommends approval of this request to the City Council with the following proffers: PROFFER 1: When development takes place upon that portion of the Property which is to be developed, it shall be as a single family residential community of no more than six (6) building lots substantially in conformance with the Exhibit entitled "Conceptual Site & Landscape Plan Of Pungo Village Indian River Road, Virginia Beach, VA", dated 07/15/13, 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 ("Land Use Plan"). PROFFER 2: When the Property is developed, the 150' TRANSITION AREA BUFFER" as designated on the Land Use Plan shall be improved as depicted and described on Home Associates of Virginia, Inc. Page 3 of 4 the Land Use Plan by the Grantor and dedicated to the Grantee for public use as a multipurpose trail and Open Space consistent with the Grantee's Comprehensive Land Use Plan. PROFFER 3: When the Property is developed, approximately 3.499 acres will be set aside as open space and ponds as depicted on the Land Use Plan. The Open Space depicted to the north of the homes will be natural areas with existing healthy trees to be retained and selective clearing of under-story permitted. The Open Space between the homes and Princess Anne Road including the "150' TRANSITION AREA BUFFER" shall be grassed. The 150' TRANSITION AREA BUFFER" as depicted on the Land Use Plan shall be dedicated to the Grantee and all of the remaining Open Spaces shall be dedicated to and maintained by the Property Owners' Association. PROFFER 4: When the Property is subdivided, the residential building lots shall have a minimum of 15,000 square feet and they shall be subject to a recorded Declaration of Protective Covenants, Conditions and Restrictions ("Deed Restrictions") administered by a Property Owners' Association, to which membership is mandatory. The Property Owners' Association shall be responsible for maintaining all Open Space Areas, Common Areas and easements. The Deed Restrictions shall prohibit the operation of motorcycles or all-terrain vehicles ("ATVs") within the Open Space Areas. PROFFER 5: All residential dwellings constructed on the Property shall have cement fiber board exterior surFaces, excluding roof, trim, windows, and doors. The architectural features and exterior appearance of the dwellings shall be substantially in keeping with the appearance of the homes depicted and designated on the five (5) Exhibits designated "CONCEPTUAL ELEVATIONS FOR PUNGO VILLAGE HOMES" dated July 15, 2013, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning ("Elevations"). Any one-story dwelling shall contain no less than 1,800 square feet of enclosed living area excluding garage area and any two-story dwelling shall contain no less than 2,100 square feet of enclosed living area excluding garage area. The front yards of all homes shall be sodded. The Deed Restrictions shall require each dwelling to have, at a minimum, a 350 square foot garage. PROFFER 6: A detailed landscaping plan for all open space areas shall be submitted to the Director of the Department of Planning, or his designee, for review and approval prior to subdivision approval. Home Associates of Virginia, Inc. Page 4 of 4 PROFFER 7: The Grantor recognizes that the subject site is located within the Transition Area identified in the Comprehensive Plan of the City of Virginia Beach, adopted on December 2, 2003. In addition to integrating significant open spaces with a low density, high quality, housing component as specified in the Comprehensive Plan, the Grantor agrees to contribute the sum of Five Hundred Dollars ($500.00) per lot to Grantee to be utilized by the Grantee to acquire land for open space preservation pursuant to Grantee's Outdoors Plan. If the funds proffered by the Grantor in this paragraph are not used by the Grantee anytime within the next twenty (20) years for the purpose for which they are proffered, then any funds paid and unused may be used by the Grantee for any other public purpose. PROFFER 8: 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. Any references hereinabove to the R-15 Zoning District and to the requirements and regulations applicable thereto refer to the Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. ¦ Attachments: Staff Review and Disclosure Statements Minutes of Planning Commission Hearing Letter from TA-ITA Citizen Advisory Committee Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager. S ? , ? City of Virgin-i a. B each vB?,,,v.oon, TMTA Crrmws Awtsortv co?umEE GO OEPAftTMEM OF PUMNiM (757)3854621 FAX (757) 3855667 VA REUV NUMBER TTY: 711 November 12, 2013 Mr. Jack Whitney, Director Department of Pianning 2405 Courthouse Drive Virginia Beach, Virginia 23456-9040 eua.arrc 2, surtE 115 2405COUaTHDUSEOavE MUNIGPAL CEMER VIRGINIA BEACH, VIRGINIA 23456-9000 Subject: Home Associates of Virginia, Inc. for 1864 Indian River Road Dear Mr. Whitney: The Transition Area/Interfacility Traffic Area Citizens' Advisory Committee (TA/ITA CAC) met on November 7, 2013 and reviewed the application of Home Associates of Virginia, Inc. The following issues were raised and are in addition to the previous letter you received dated October 10. The proposed 15,000 square foot lots are not reflective of the surrounding area. This project would set an undesirable precedent for small, disconnected subdivisions along Indian River Road and other areas within the TA, each with individual street entrances. The TA/ITA CAC is concerned that this precedent would encourage future development of any small properties in a similar manner and discourages assembling adjacent properties to create larger developments. 2. There are concerns regarding the rational of considering granting development rights for a proposed subdivision with 15,000 square foot lots prior to health department approval of the proposed septic systems needed for each lot. The applicanYs engineering consultant, as reported to city staff, identifiss water table issues associated with this property. Those issues have resulted in alternative septic systems being recommended by the consultant, based on a preliminary site visit, as the proposed solution of an engineered wastewater drip disposal system with an elevated sand-backfilled mound on a 15,000 square foot lot. An alternative septic system on the remainder of the lot after the home is constructed that includes a mound and the restrictions on what can be done on the property near this system does not seem to be in the best interest of the future property owners. Home Associates of Virginia, Inc. November 12, 2013 Page 2 3. The amenities offered by this rezoning application are not adequate to allow the maximum development rights possible. A comment from a committee member including the sales history of this and nearby properties is attached for reference. The committee appreciates this opportunity to relay the discussion that took place regarding this application. Sincerely, Linwood Branch Linwood Branch Chair TA/ITA CAC LBlrad Enclosure (1) c: Councilwoman Barbara Henley Jim Spore, City Manager TA/ITA CAC Members Jeryl R. Phillips, Comprehensive Planning Coordinator Carolyn A. K. Smith, Planner R. Edward Bourdon, Jr. Esquire Jim Arnhold From: Diana [mailto:dltapper99@aol.com] Sent: Friday, November 08, 2013 2:09 PM To: wpbrownmdl@cox.net; Robert A. Davis; leejogger@gmail.com; newbillm@cox.net; barbarahenley@cox.net; Dawn O. Flora; dflora27@verizon.net; Horsley_Don@yahoo.com; jim@thefoxden.net; jwcjrl@cox.net; daysinnvabeach@aol.com; Robert.rountree@navy.mil Subject: Re: Draft Letter on Home Associates corner of IRR and PAR B2 1952 Indian River Rd 24130296520000 O6-AG2 ?? Indian River Rd 2413121973000005-AG1 Verizon B2 USCG Communications Area 1864 Indian River 2413 AG1(1.01) & Rd -22-5595 A62(5.04) 201-Residence 1.0 acre one dwelling 200-Vacant Residential Land 15.91 acres vacant 200-Vacant Residential Land 6.05 acre ?? Indian River Rd 24132295320000 05-AG1 1814 Indian River RD 24133149060000 O6-AG2 1812 Indian River 24133294360000 O5-AG1 1796 Indian River 24133260440000 06-AG2 17801ndian River Rd 24134200410000 O6-AG2 1764 Indian River Rd 24134138590000 O6-AG2 1752 Indian River 24134167340000 O6-AG2 1728 Indian River 200-Vacant Residential just east of Land S.0 ac subject property 708-Religious-Churches 1.04 acres Sunday School -Residence 4.01 acres one dwelling -Residence 4.445 acres one dwelling -Residence 1.695 acres one dwelling -Residence 4.486 acres one dwelling Rd 24134195660000 06-AG2 201-Residence .89 acres one dwelling All: Here is a snapshot of the same side of the street, adjacent properties. With the exception of two B2 lots, one of which faces Princess Anne Rd at the intersection, the properties are zoned AG1 or AG2 and the average lot size is definitively larger than 15,000 square feet per dwelling. The existing zoning clearly makes the case that within the Transition Area, the surrounding properties are significantly larger. While the developer and counsel may make the argument that across the street can't be considered, wouldn't that contradict recent reasoning used (by this counsel) that'what is across the street should in fact be considered?' That is exactly what was done to justify the rezoning on the corner of PA and PA. Either way, the same side of the street makes the argument by itself. Additionally, according to city records, this property has changed ownership twice since the TADG were put into effect in 2003. The guidelines were in place. The last transaction shows a sale of this property to the current owner on 6/7/2011 (see attached) for $277,600. The prior transaction shows a recorded sale for $169,800. When property is sold for a profit, it isn't classified a hardship...hardship comes when something happens to you and around you due to no fault of your own. Hardship isn't acquired. Lastly, the property does not meet the expectations set forth for residential development within the TADG, and the matrix has been dumbed down to accommodate the objective of maximizing the # of dwelling units per acre. The singular multi-use trail, (generously a'/. mile stretch), was used to earn 3.75 of 4 points for amenity. Seriously? I can accomplish this by walking down to the end of the cul-de-sac and back. Does this really compare to the Amenity offered in neighborhoods such as Heritage Park, Sherwood Lakes, Asheville Park? This is a manipulation of the guidelines to justify maximum development. The bottom line is that this is a dwelling lot. - Diana o ? p, o s q ? N ? N .. ? ? a a ? d f??if N m O ? O° o?a .i a ?j oa ? ,' ? •y N M ? ? o^ N ? 6 ? • ? p ? ? ? ?0 4 ?? ?? Na N? ?o c o ? ?o ? L < L E^ ?? w?1 w p N ~ ? ? O yp C r" ua1? ? YI ?§ ? C F M b O ? O O O 16 ?? o c Q N o M? n E t - i '' ^ ? ug 'g c n ?p ?' ?pS S O gO ` `? 19 Z N ? y H N N M H S '?r N ~ S Y7 N O N M 5 y ? v? g? ? -I > a ?$ ?° er .? ? Q 1° ? S 8 ? co lm V ,? • ? ? _'" ? E 7 a y r ? ? I m ? C . ? ° Y PRINCESS ANNE K-1; A ntM b .'N.uke Home Associates of Vir inia, Inc. • AG2 : Suh Area Z • ss ' A62 AG1 • : AG1 PUNGOAUtF1ELD ; _ adendonedl 82 .?y + AG2 ? ' a ? I62 / AG2 ` B2 AG2 _ f?':Rp AG2 ; ?- G2 ? B?? 5-70 d8 Ldrr ;? ?`•? AG2• ; 'A62 , 82 Bi AG1' AGl Coeditiona/ Zoning Cbange hom AG•/ 6 AGd to CondRiona/ R•15 r I November 13, 2013 Public Hearing APPLICANT & PROPERTY OWNER: HOME ASSOCIATES OF VIRGINIA, INC. STAFF PLANNER: Carolyn A.K. Smith REQUEST: Conditional Chanae of Zoninq (AG-1 & AG-2 Agricultural Districts to Conditional R-15 Residential District) ADDRESS / DESCRIPTION: 1864 Indian River Road GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 24132255950000 PRINCESS ANNE 6.05 acres Less than 65 d6 DNL 65 - 70 dB DNL, Sub Area 2 BACKGROUND / DETAILS OF PROPOSAL The applicant proposes to rezone a 6.05-acre parcel zoned AG-1 and AG-2 Agricultural Districts to Conditional R-15 Residential District in order to create six lots, a minimum of 15,000 square feet in size, for single-family dwellings. The proffered site layout depicts a 50-foot wide, public right-of-way (cul-de- sac) intersecting Indian River Road. At the top of the cul-de-sac, a 50-foot wide reservation will be established for future right-of-way. This reservation will be recorded on the final plat and will provide future connectivity to the currently undeveloped site to the east. The entrance into the development is designed with stormwater management ponds on either side of the road, functioning as both visual and stormwater management amenities. Consistent with the recommendations for the Comprehensive Plan and the Transition Area Guidelines, the site layout depicts 52 percent of the property as open space. This open space includes a 150-foot wide Transition Area buffer along Indian River Road, to be dedicated to the City, and over two acres of open space on the northern portion of the property, to be owned and maintained by the Property Owners' Association. Total proposed open space for the site is proposed as 3.14 acres. A multi-use trail, accessible to the public, is proposed within the Transition Area buffer and is designed for future connections in the event the adjacent properties develop. The area within the Transition Area buffer will be the more formal of the open spaces, while the open space to the north will be left in its natural state with only selective clearing of understory trees and brush. A 10-foot wide planted area is shown along the HOME ASSOCIATES OF VIRGINIA, INC Agenda Item 1 Page 1 western property line to provide a buffer between the proposed lots and the existing United States Coast Guard communication towers to the west. A Landscape Plan for the entire property is proffered to be completed and submitted during final site plan review and will reflect these requirements. The proffered building elevations are suggestive of the semi-rural character of the Transition Area. The primary building material is proffered as cement fiber-board (e.g. HardiePlank), consistent with the Comprehensive Plan's recommendation of the use of high quality materials. The proffers require that all front yards be sodded and that dwellings have minimum floor area: one-story dwellings must contain no less than 1,800 square feet of enclosed living area, excluding garage area and two-story dwellings must contain no less than 2,100 square feet of enclosed living area, excluding garage area. The applicant has also proffered that $500.00 per lot will be paid to the City for acquisition of property for open space preservation, pursuant to the City's Outdoors Plan. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: single-family dwelling SURROUNDING LAND North: • Portion of Former Pungo Airfield (U.S. Coast Guard USE AND ZONING: Communication Station), agricultural fields / AG-1 Agricultural District South: . Indian River Road • Single-family dwellings / AG-2 Agricultural District East: . Wooded parcel / AG-2 Agricultural District West: . Portion of Former Pungo Airfield (U.S. Coast Guard Communication Station) / AG-2 Agricultural District NATURAL RESOURCE AND The site is partially wooded and within the Southern Watersheds CULTURAL FEATURES: Management Area. Much of the property designated as open space on the proffered plan has mature trees that will remain undisturbed, other than selective clearing of dead trees and underbrush. There do not appear to be any significant cultural features on the site. COMPREHENSIVE PLAN: This property is located in the Transition Area, an area that lies between the more densely developed Suburban Area and the low-density Rural Area of the city. The Comprehensive Plan states that the Transition Area should not become as suburbanized as properties north of the Green Line nor should it be limited to very low densities as is the southern, rural portion of Virginia Beach. Instead, land use in the Transition Area is recommended for well-planned, clustered development that protects open space, optimizes site amenity and design opportunities, and limits densities to an average of no more than one dwelling unit per acre. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Indian River Road is a two-lane, rural highway with a variable width right-of-way. This portion of Indian River Road is not included on the City's MTP. There are currently no Roadway CIP projects planned for this roadway. HOME ASSOCIATES OF VIRGINIA, INC Agenda I#em 1 Page 2 TRAFFIC: Street Name Present Volume present Capacity Generated Traffic Indian River Road 3,085 ADT 7,400 ADT (Level of Existing Land Use - 10 Service "C") - 12,000 ADT ADT' (Level of Service Proposed Land Use 3- 57 "D" ADT Average Daily Trips 2 as defined by 6 acres of agriculturally zoned property 3 as defined b six sin le-famil dwellin s WATER & SEWER: City water and sanitary sewer are not available. Well water is proposed for the new dwellings. According to the applicant's consultant, all of the proposed lots appear to have soils unsuitable to support conventional onsite sewage disposal systems. The Virginia Department of Health Alternative Onsite Sewage Disposal Regulations do allow for the installation of alternative systems in order to accommodate residential sewage. Based on this, the wastewater treatment for Lots 1, 2 and 3 will likely involve an alternative sewage disposal system utilizing standard septic tanks, treatment modules providing Level 3 quality effluents, time dosing pump chambers and shallow placed effluent infiltration pads. The consultant has also indicated that Lots 4, 5 and 6 have a seasonal high water table at or near the ground surface, making the sites unsuitable for either a conventional or an alternative sewage disposal system as described above. Under the provisions of House Bill 1166, the Health Department may permit an engineered wastewater disposal system, best characterized as a drip disposal system. These systems dispose of treated and disinfected effluent in an elevated, sand mound. Each system would include a 1,000 gallon septic tank, treatment devices such as an aerobic treatment unit, ultraviolet disinfection lights, and a disposal field within an elevated sand-backfilled mound. All on-site sanitary sewer treatment, regardless of the system, as well as wells for water will require review and ultimately approval by the Health Department prior to the approval of a site plan by the Development Services Center. SCHOOLS: School EnrCurrent ollment Capacity Generation' Creeds Elementary 296 360 2 Princess Anne Middle 1,414 1,456 1 Kellam High 1,833 1,961 2 "generation" represents the number of students that the development will add to the school EVALUATION AND RECOMMENDATION Chapter 4 of the Comprehensive Plan characterizes this portion of the Transition Area as a"patchwork of smaller, undeveloped properties...." These properties, for the most part, are located outside of AICUZ impact areas, meaning air operations conducted from NAS Oceana and Fentress Airfield will not negatively impact future residents. The proposed rezoning is consistent with the provisions of Section 1804 of the City Zoning Ordinance pertaining to discretionary development applications in AICUZ areas. While the upper O:98 acres of the northwest comer of this site does lie within the 65 to 70 dB DNL AICUZ (Sub-area 2), #he proffered plan HOME ASSOCIATES OF VIRGINIA, INC Agenda 1#em 1 Page 3 proposes to leave the area as natural open space; therefore, the vast majority of the site in the lowest AICUZ of Less than 65 d6 DNL. The Comprehensive Plan purposely recommends a lower density for new development in the Transition Area. The Plan recommends that residential development have a maximum average density of one dwelling unit per acre. With an overall density of 1.01 units per acre, the number of proposed dwellings is consistent with the recommendation for new residential developments in the Transition Area. This lower density minimizes the level of impact on existing public infrastructure; avoids the need for the higher level and more expensive improvements associated with urban development; and, in keeping with the intent of the Green Line, ensures that citizens in other parts of the city will not be subsidizing capital improvements to support higher density development in rural Virginia Beach. The Comprehensive Plan states that "Development in the Transition Area is not to be considered as a continuation of the higher density growth as experienced in the in the northern urban area ...." The Transition Area is viewed not as a continuation of the urban areas to the north or the rural areas to the south, but as a transitional zone between the two. To further this concept, the Transition Area Guidelines were established to ensure that growth in this area is suited to the character of the area and respectful of environmental features. The Transition Area Matrix at the end of the report describes how the proposal addresses the three important components of project design: Natural Resources, Amenity, and Design. It is Staff's finding that the proposal blends well with the existing area; is respectful of the rural character along this portion of Indian River Road; is designed with future connectivity to adjacent properties for vehicles and pedestrians; facilitates future preservation of the northern wooded areas; positions stormwater management facilities as visual, open space amenities; is consistent with both the AICUZ Overlay Ordinance and the Comprehensive Plan's density recommendations; and, places no detrimental burden on the capacity of roadways and other infrastructure in the Transition Area. Based on this evaluation, Staff recommends approval of the application subject to the proffers below. PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: When development takes place upon that portion of the Property which is to be developed, it shall be as a single family residential community of no more than six (6) building lots substantially in conformance with the Exhibit entitled "Conceptual Site & Landscape Plan Of Pungo Village Indian River Road, Virginia Beach, VA", dated 07/15/13, 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 ("Land Use Plan"). PROFFER 2: When the Property is developed, the "150' TRANSITION AREA BUFFER" as designated on the Land Use Plan shall be improved as depicted and described on the Land Use Plan by the Grantor and dedica#ed to the Grantee for public use as a multipurpose trail and Open Space consistent with the Grantee's Comprehensive HOME ASSOCIATES OF VIRGINIA, INC Agenda ltem 1 Page 4 Land Use Plan. PROFFER 3: When the Property is developed, approximately 3.499 acres will be set aside as open space and ponds as depicted on the Land Use Plan. The Open Space depicted to the north of the homes will be natural areas with existing healthy trees to be retained and selective clearing of under-story permitted. The Open Space between the homes and Princess Anne Road including the "150' TRANSITION AREA BUFFER" shall be grassed. The "150' TRANSITION AREA BUFFER" as depicted on the Land Use Plan shall be dedicated to the Grantee and all of the remaining Open Spaces shall be dedicated to and maintained by the Property Owners' Association. PROFFER 4: When the Property is subdivided, the residential building lots shall have a minimum of 15,000 square feet and they shall be subject to a recorded Declaration of Protective Covenants, Conditions and Restrictions ("Deed Restrictions") administered by a Property Owners' Association, to which membership is mandatory. The Property Owners' Association shall be responsible for maintaining all Open Space Areas, Common Areas and easements. The Deed Restrictions shall prohibit the operation of motorcycles or all-terrain vehicles ("ATVs") within the Open Space Areas. PROFFER 5: All residential dwellings constructed on the Property shall have cement fiber board exterior surfaces, excluding roof, trim, windows, and doors. The architectural features and exterior appearance of the dwellings shall be substantially in keeping with the appearance of the homes depicted and designated on the five (5) Exhibits designated "CONCEPTUAL ELEVATIONS FOR PUNGO VILLAGE HOMES" dated July 15, 2013, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning ("Elevations"). Any one-story dwelling shall contain no less than 1,800 square feet of enclosed living area excluding garage area and any two-story dwelling shall contain no less than 2,100 square feet of enclosed living area excluding garage area. The front yards of all homes shall be sodded. The Deed Restrictions shall require each dwelling to have, at a minimum, a 350 square foot garage. PROFFER 6: A detailed landscaping plan for all open space areas shall be submitted to the Director of the Department of Planning, or his designee, for review and approval prior to subdivision approval. PROFFER 7: The Grantor recognizes that the subject site is located within the Transition Area identified in the Comprehensive Plan of the City of Virginia Beach, adopted on December 2, 2003. In addition to integrating significant open spaces with a low density, high quality, housing component as specified in the Comprehensive Plan, the Grantor agrees to contribute the sum of Five Hundred Dollars ($500.00) per lot to Grantee to be utilized by the Grantee to acquire land for open space preservation pursuant to Grantee's Outdoors Plan. If the funds proffered by the Grantor in this paragraph are not used by the Grantee anytime within the next twenty (20) years for the purpose for which they are proffered, then any funds paid and unused may be used by the Grantee for any other public purpose. PROFFER 8: 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. Any references hereinabove to the R-15 Zoning District and to the requirements and regulations applicable thereto refer to the Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. HOME ASSOCIATES OF VIRGINIA, INC Agenda item 1 Page 5 STAFF COMMENTS: The proffers listed above are acceptable. They ensure that the proposed density and dwellings' designs will complement the Transition Area and that rural vistas and open spaces are protected. The City Attorney's Office has reviewed the proffer agreement dated July 29, 2013, and found it to be legally sufficient and in acceptable legal form. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of P/anning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Cerfiricate of Occupancy, are required before any uses allowed by this Use Permit or Change of Zoning are valid. The applicant is encouraged to confact 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. HOME ASSOCIATES OF VIRGINIA, INC Agenda l#em 1 Page 6 '. ` -? ?nsft / i . ? } ? .? 1 1 ? 'z.,,,,,,? ':•S,' ce O ? 8 13= ? . ? O U • ?*? i : B ! I :.??.. +? . .. .. ? a . ? P ? . _ .t. . ?{ ? AERIAL OF SITE LOCATION ! ? 1 HOME ASSOCIATES OF VIRGINIA, INC Agenda Item 1 Page 7 Y ? yyy ' g? .. •. Y. ? ' ._ k `•` ????,??? : ? ? } ry • ?? ?f •?? ;i,??? a • ?\ e? ? ; X- ., { ?:? : ? r 0 a d a ? o ? '? dQ ? tv 0 ?? m> B o o ce u ? ?c r c b LL V y LL <Cy0 ' ,n ? ? ? ?? ? ? A Ln `o 0 ; '^ ? <N LM ? a? ba ° ?p C ?•- N W ii N< O ri .. ? OU C y ? m?Q?uc C CO U. N K C7 oN? O a0 a y c C? O ? ? " p N m? <Zan? 7 ? ?' a i 2 a Q a i ? ? n v,Uu a ? e g ?. ?? c e ? 6f $ ' ? ?,§ ?s 3 ? ' f ? 00 ? c o? y m i . o ? PROPOSED SITE LAYOUT !'?t.' .: ? . ... HOME ASSOCIATES OF VIRGINIA, INC Agenda Item 1 Page 8 !'?y4 i . + 11 f p,: a ? ?. tA W < r O .Z W V oQ i J o _ i? > W W O ? ? ? ;Ut 6 Z m W Z ? r ud>= PROPOSED BUILDING ELEVATION , ? HOME ASSOCIATES OF VIRGINIA, INC Agenda Item 1 Page 9 jl I'i 1?- (A W L ? W V O Q LL J Z J O ? > W O . i ?Zm W o A PROPOSED BUILDING ELEVATION HOME ASSOCIATES OF VIRGINIA, INC Agenda Item 1 Page 10 'I ??? i i j ? 9J) W < ? W U o Q LL J Z J O ? > W O ? i ? U r W 2 :D r oa PROPOSED BUILDING ELEVATION HOME ASSOCIATES OF VIRGINIA, INC Agenda Item 1 Page 11 rl 4 ?? { ? ? ? ?. H W < 0 _ W u oQ LL „d Z J O ? < > > W O r ? W Z ' ?as_ ?` . NNW PROPOSED BUILDING ELEVATION HOME ASSOCIATES OF VIRGINIA, INC Agenda Item 1 Page 12 ? ?:. f: `.? ? A 6IJ C C W V C Q ?- J 7 J ` O r > sV. WZ- o r? _ "- ?- - PROPOSED BUILDING ELEVATION HOME ASSOCIATES OF VIRGINIA, INC Agenda Item 1 Page 13 PRINCESS ANNE k 14 Home Associates of Vir inia, Inc. ARa lVot to Scale G1 I I 47 , ; AG2 SukArea <-2 ' ;. . ' AG 32 'AG1 "-PNGO AIR FIELD # AG1 f . _-? (A banjonea) , B 2 2, G2 co ? ; B2 AP2 ? 4 • AG2 . IlypqN _ r1 ? ? • ?" ___ AG2 r ? B2* AG? r ? 1 ?2 s- 70 dB Ldil " \ . •? A ?. .. V ? ? ;/A : ?, ? ?_ ' • , _ , B? ;AG . •ZonirrgwhhConditiauNro(fwa, opm Space PromoUon oi PDH-2 Overlaya Conditionai Zoning Cr;:?nge from AG-1 8 AG2 to Conditional R-15 ARP • Agricuhurel Reserve Program Overlay ZONING HISTORY # DATE REQUEST ACTION 1 09/24/13 07/07/09 08/10/93 Modification of Conditions Conditional Use Permit (outdoor recreational facility) Conditional Use Permit firewood preparation Granted Granted Granted 2 04/24/12 Rezoning (B-2 & AG-2 to Conditional B-2) Conditional Use Permit automobile service station Granted Granted 3 07/14/09 Conditional Use Permit (residential kennel) Granted 4 06/22/04 Rezoning ( AG-2 to Conditional B-2) Conditional Use Permit (mini warehouse Granted Granted 5 10/14/03 Conditional Use Permit art aller Granted 6 07/11/00 Conditional Use Permit auto detailin Granted 7 10/28/97 03/16/87 Conditional Use Permit (church addition) Conditional Use Permit church addition Granted Granted 8 09/23/97 Subdivision Variance 9 12/11/89 Conditional Use Permit duplex Granted 10 08/14/89 Subdivision Variance Granted 11 12/19/88 Rezoning (AG-2 to B-2 Granted 12 10/24/88 Conditional Use Permit fuel pumps Granted ? HOME ASSOCIATES OF VIRGINIA, INC Agenda Item 1 Page 14 APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Home Associates of Virginia, Inc.: James M. Arnhold, Chairman; Robert L. Prodan, II, President; Brenda Caruana, Vice PresidenUSecretary/Treasurer 2. List all businesses that have a parent-subsidiary' or affiliated business entity2 relationsh+p with the applicant: (Attach list if necessary) ? Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPER7Y OWNER DISCLOSURE Comptete this secfion only if property owner is differenf from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach lisf if necessary) 2. List all businesses that have a parent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) O Check here if the property owner is NOT a corporation, partnership, firm, business, or oiher unincorporated organization. & See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes No X If yes, what is the name of the official or employee and the nature of their interest? DISCLOSURE STATEMENT HOME ASSOCIATES OF VIRGINIA, INC Agenda 1#em 1 Rage 15 ? ? ? { ? ? ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but nof limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) Sykes, Bourdon, Ahern & Levy, P.C. MSA, P.C. Bob Willoughby Shuttleworth, Ruloff '"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. z"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 befinreen the business entities. Factors that should be considered in determining the existence of an affiliated business entity retationship 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 _ i ? 1 ? . 1 ? CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to pTA h and view the site for purposes of processing and evaluating this application. ? I I A , _OD Brenda Caruana, Vice President pplicanYs Signatur-Ls- Print Name Property Owner's Signature (if different than applicant) Print Name DISCLOSURE STATEMENT HOME ASSOCIATES OF 1/IRGINIA, INC Agenda I#em 1 Page 16 Item # 1 Home Associates of Virginia, Inc. Conditional Change of Zoning from AG-1 Agricultural to Conditional R-15 Residential District 7 Princess Anne November 13, 2013 REGULAR Jay Bernas: Now, we will address the remaining items on the agenda. I will now ask the secretary to please call the first item. Chris Felton: Thank you Mr. Chairman. The first item is item number 1, an application of Home Associates of Virginia, Inc. for a Conditional Change of Zoning from AG-1 Agricultural to Conditional R-15 Residential and P1 Preservation for property located at 1864 Indian River Road, District 7, Princess Anne. Mr. Bourdon? Eddie Bourdon: Thank you very much. Mr. Felton, for the record again, Eddie Bourdon, Virginia Beach attorney representing Home Associates of Virginia, Inc. Jim Arnhold couldn't be with us this afternoon. He's out of the city. Rob Prodhan, he's here on behalf of HAV, along with Mr. Mike Gaddy and Mr. Jason Fulbright with MSA, if there are any technical questions, they are here to attempt to provide any answers. The situation is a 6. OS acre piece of property on the north side of Indian River Road, a little over a 1/3 of a mile, 2000 linear feet, east of Pungo Village, Downtown Pungo. The 6.05 acres has been in Mr. Arnold's family for 60 years. The property is abutted on the north and the west side by the Coast Guard communication facility, the old Pungo Airfield site. It is all federally owned on both sides, both west and north. The property to the east is privately owned, as are the continued properties to the east. Mr. Arnold has tried for a number of years, he and Joe Pulley and Rob Prodhan got this property going back about 3 years ago. They have made every, every conceivable effort to acquire additional property. Additional property to the east is just not available. The folks who own it are not desirous or interested in selling the property. The subject properties are in the Transition area, and we have gone through the process with staff. Want to thank Carolyn Smith, and Robert Davis, with the new committee that deals with, reviews the items in the Transition Area. We've got a site that has proposed six units, one unit per acre. There is 3.14 acre of open space on the plan, including 150 foot deep, Transition Area buffer along Indian River Road. The plan, I think y'all have the correct plan, and now the correct plan is up here, as well. It also, includes a reservation, that is not a part of the open space, of a 50 foot right-of-way connection to the property to the east, in the event that, in the future, that property comes in to develop, the City will be in a position, with a rezoning application to require that they utilize the access as provided on Indian River Road, rather than to strip out the road. The staff's evaluation we certainly totally concur with. I think they've done an excellent job, in terms of reviewing what's proposed. And the information you all heard this morning, I don't believe there was a great deal to be discussed. The one thing that they wanted to address was the comment that was provided in a letter that was dated yesterday from, and we did meet with the ITA/CAC Item # 1 Homes Associates of Virginia, Inc. Page 2 Committee over a month ago, to let the condition #1, or excuse me, the statement # 1, that we just absolutely disagree with says that "this project will set an undesirable precedent for small disconnected subdivisions, along Indian River Road and other areas within the Transition Area, each with individual street entrances". Well, if we could put the composite map up there, I think that it's instructive of something that's important to look at but, because of the situation in terms of this property's surroundings, we cannot assemble any additional property, at this time, and we have provided for the opportunity for the City to control any future development to the east using the entrance here. It's a public street that we are proposing, on this, this site. The interesting thing, well, I find it interesting, is north of Indian River Road, and again, we're Pungo Village, and we want to have the development, in the area near the village and not in the rural agricultural area where there's farms, active farming operations going on. There are today, two houses, in the Transition Area, on the north side. There are actually eight or nine on the south side of Indian River adjacent to Indian River Road below the blue line, including four single-family residences, on 2.6, roughiy 2.6 acres of land, directly across the street, stripping out the street, with four driveways and four houses. At the density that exist right here that would apply, in the transition area, above the blue line; we would be talking about nine houses and no open space. We're proposing six homes with 52 percent open space and a 50 foot right- of-way connection to the property to the east, if you include that as open space, and we're 3 and %2 plus acres of open space. The homes are appropriately designed, and they're attractive homes. There was a comment in here, also about the septic systems and the folks from MSA are here to speak those questions, if anybody has any. But, that's obviously a situation that we know they'll be able to get approval, their Health Department approval, soil work that has to be done, but all of that work is done after the zoning is approved. If they can't get the approvals, then they can't develop the property. But, there, we don't have any heartburn or doubt about that being the case, but you don't make people go out and spend 10's of thousands of dollars getting a lot of detailed work done until you have the zoning in place and we all understand that that's the way the system works and has always worked. So, that was one of the other issues that was raised in that letter about wanting an applicant to have to go out and do all this highly technical and expensive work before you even have the zoning in place, and that is, that is just not the way that the process has ever worked in the, in the past. So, with that I'll be happy to answer any question. Proffered, everything, everything is recommended for approval by your staff, and we hope that the commission will follow their recommendation. Thank you. Jay Bernas: Does anyone have any questions? Ok, you don't even have to stand by for a rebuttal, because I don't think we have any speakers. Chris Felton: Unless, Mr. Fulbright still needed to speak, but.... Jason Fulbright: Oh, no sir. Eddie Bourdon: Oh, he was just here in case you had any technical questions. Someone from the audience screamed out (Doris King)...Well, I have a question. Item # 1 Homes Associates of Virginia, Inc. Page 3 Jay Bernas: Uh, hang on, did you want to come speak. Audience member (Doris King): No, I just have some questions. Jay Bernas: Well, okay, maybe he can, uh, talk with you, um, after. Donald Horsley: Let her come up and ask it. Jay Bernas: But, if she's not opposed, so...... Audience member (Doris King): I am opposed. Jay Bernas: Oh, well, do you want to come speak, please, well you can fill out a card later. So, please come forward. Audience Member (Doris King): Please excuse my sunglasses, they're prescription. Jay Bernas: It's alright, Please state your name? Doris King: My Name is Doris King. I live on Indian River Road. I just have a question about the septic system. I wondered what the regulations were, regarding acreage and septic systems in the area, since it's a low area, which floods regularly with bad storms. I'm opposed to have septic systems on just one acre, and the existing homes he spoke about have been there for a long, long time, some of them, dating back, 50 or 60 years, the ones that are right there in the vicinity of this development. I also feel that, ya know, it interferes with the rural feel and concept of Pungo. We live on three and a half acres, and we can't build anything or put any other septic system on that. And I'm surprised more neighbors haven't been down here, because a lot of them have talked about it and opposed it, but they didn't bother to come. Jay Bernas: Okay, does anyone have any questions for Ms. King? Jay Bernas: Okay, we'll give the applicant a chance for rebuttal. Jay Bernas: Can you address the septic tank issue and the rural character, maybe? Eddie Bourdon: The property, the property is not in a floodplain, at all. There is a, a high water table on the property, on part of the property, and that's why the alternative effluent disposal system, as described in your write up, will be used. That's for the State Health Department, provides that opportunity for expensive systems. This doesn't deal with Land Management scenario, where you have 3 acres, and if you spread it out on top of the ground, and let it evaporate and absorb. This is highly technical. It's like $18,000 per system that they will be using, approved by the State Health Department. There is a lot of soil work that has to be done to make sure that all, all wiil work, and we're quite confident, if you want to hear from Mr. Item # 1 Homes Associates of Virginia, Inc. Page 4 Fulbright that, that would be the case. The other, the other three, there is a more standard, not totally standard, for the septic system, with a drip system, in order to cluster the, the homes, which is what the Transition Area, wants to have happen, rather than strip out the roadways, which we don't want to have happen, which is what exists there, pointing to south side of Indian River Road, in part, because of a lot of development took place there, decades and decades ago. We're creating the feel that we have everything set back, back with open space along the road and the trail system along the road, for future connectivity on either side, all of the things that has been done in the other developments within the Transition Area and have been approved previously. It is a somewhat smaller site than most of the others, but that is because of the constraints that are presented by the location and with the federal property on two of the three sides. I hope that answers the question, and if you want to have more technical discussion about the septic system, then Jason can respond. Jay Bernas: So, and just to clarify this, the Health Department is primarily responsible for septic systems? Eddie Bourdon: That, that is absolutely correct. Jay Bernas: I just hope that she understands that we are looking at land use issues, and septic tanks are Health Department. Eddie Bourdon: That, that is absolutely correct, Mr. Bernas. Jay Bernas: Any other questions? Okay, the hearing is closed, and we will open it up for discussion amongst the commissioners or I'll entertain a motion. Donald Horsley: Mr. Chairman, I'll, I'll start. This application, that staff has reiterated time and again, that it is consistent with the recommendation of the Comp Plan and the Transition Area Guidelines, and we understand the ladies concern with the septic system, but they, they're in the hands of the State Health Department. Things have changed a lot since these homes were built, many years ago, and you said some of them 60 years ago or whatever. You said you live on a 3 acre parcel. Ya know, we use to, we had Land Management where we could do that, as Mr. Bourdon mentioned a few minutes ago, but there's new and better technology now, where we can have different types of septic systems and the Health Department has approved them, and that, they seem to be working very well, from all indications. So, well, based on that, I don't think we're setting a precedent. Anything, precedent has already been set before. So, I would make a motion that the application be approved. Jay Bernas: So, we have a motion for approval made by Commissioner Horsiey, do I have a second? Albert Henley: Second. Jay Bernas: Seconded by Commissioner Henley. Is there any further discussion? Item # 1 Homes Associates of Virginia, Inc. Page 5 Donald Horsley: I think Bob wanted to. Bob Thornton: Oh. No, I was seconding, but he got it. Jay Bernas: Alright, we're now ready to vote. Edward Weeden: Vote is open. AYE 11 NAY 0 ABS 0 ABSENT 0 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RI PLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE Edward Weeden : By a vote of 11-0, the Commission has approved Item 1, Home Associates of Virginia. Eddie Bourdon: Thank y'all very much. CITY OF VIRGINIA BEACH INTER-0FFICE CORRESPONDENCE In Reply Refer To Our File No. DF-8864 TO: Mark D. Stiles,--_, FROM: B. Kay Wilson?" DATE: January 17, 2014 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; Home Associates of Virginia, Inc. The above-referenced conditional zoning application is scheduled to be heard by the City Council on January 28, 2014. I have reviewed the subject proffer agreement, dated July 29, 2013 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 Enciosure cc: Kathleen Hassen HOME ASSOCIATES OF VIRGINIA, INC., a Virginia corporation TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 29th day of July, 2013, by and between HOME ASSOCIATES OF VIRGINIA, INC., a Virginia corporation ("Home"), Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, the Grantor is the owner of a certain parcel of property located in the Princess Anne District of the City of Virginia Beach, Virginia, containing approximately 6.05 acres and described in Exhibit "A" attached hereto and incorporated herein by this reference, which is herein referred to as the "Property"; and WHEREAS, the Grantor has 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 Classifications of the Property from AG-1 Agricultural District to Conditional R-15 Residential 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: 2413-22-5595 Prepared By: R. Edward Bourdon, Jr., Esquire Sykes, Bourdon, Ahern & Levy, P.C. 281 Independence Blvd. Pembroke One, Fifth Floor Virginia Beach, Virginia 23462 VSB #22i6o 1 WHEREAS, the Grantor acknowledges that competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantor's 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 arnendment to the Zoning Map, in addition to the regulations provided for the R-15 Zoning District by the existing overall Zoning Ordinance, 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, for itself, 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 cuo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes 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 and which will not be required of the Grantor until the Property is developed: i. When development takes place upon that portion of the Property which is to be developed, it shall be as a single family residential community of no rnore than six (6) building lots substantially in conformance with the Exhibit entitled "Conceptual Site & Landscape Plan Of Pungo Village Indian River Road, Virginia Beach, VA", dated 07/15/13, 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 ("Land Use Plan"). 2. When the Property is developed, the "15o' TRANSITION AREA BUFFER" as designated on the Land Use Plan shall be improved as depicted and described on the Land 2 Use Plan by the Grantor and dedicated to the Grantee for public use as a multipurpose trail and Open Space consistent with the Grantee's Comprehensive Land Use Plan. g. When the Property is developed, approximately 3•499 acres will be set aside as open space and ponds as depicted on the Land Use Plan. The Open Space depicted to the north of the homes will be natural areas with existing healthy trees to be retained and selective clearing of under-story permitted. The Open Space between the homes and Princess Anne Road including the "150' TRANSITION AREA BUFFER" shall be grassed. The "15o' TRANSITION AREA BUFFER" as depicted on the Land Use Plan shall be dedicated to the Grantee and all of the remaining Open Spaces shall be dedicated to and maintained by the Property Owners' Association. 4. When the Property is subdivided, the residential building lots shall have a minimum of 15,000 square feet and they shall be subject to a recorded Declaration of Protective Covenants, Conditions and Restrictions ("Deed Restrictions") administered by a Property Owners' Association, to which membership is mandatory. The Property Owners' Association shall be responsible for maintaining all Open Space Areas, Common Areas and easements. The Deed Restrictions shall prohibit the operation of motorcycles or all terrain vehicles ("ATVs") within the Open Space Areas. 5. All residential dwellings constructed on the Property shall have cement fiber board exterior surfaces, excluding roof, trim, windows, and doors. The architectural features and exterior appearance of the dwellings shall be substantially in keeping with the appearance of the homes depicted and designated on the five (5) Exhibits designated "CONCEPTUAL ELEVATIONS FOR PUNGO VILLAGE HOMES" dated July 15, 2013, which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning ("Elevations"). Any one story dwelling shall contain no less than lSoo square feet of enclosed living area excluding garage area and any two-story dwelling shall contain no less than 2100 square feet of enclosed living area excluding garage area. The front yards of all homes shall be sodded. The Deed Restrictions shall require each dwelling to have, at a minimum, a 350 square foot garage. 6. A detailed landscaping plan for all open space areas shall be submitted to the Director of the Department of Planning, or his designee, for review and approval prior to subdivision approval. 7. The Grantor recognizes that the subject site is located within the Transition Area identified in the Comprehensive Plan of the City of Virginia Beach, adopted on 3 December 2, 2003. In addition to integrating significant open spaces with a low density, high quality, housing component as specified in the Comprehensive Plan, the Grantor agrees to contribute the sum of Five Hundred Dollars ($500.00) per lot to Grantee to be utilized by the Grantee to acquire land for open space preservation pursuant to Grantee's Outdoors Plan. If the funds proffered by the Grantor in this paragraph are not used by the Grantee anytime within the next twenty (20) years for the purpose for which they are proffered, then any funds paid and unused may be used by the Grantee for any other public purpose. 8. 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. Any references hereinabove to the R-15 Zoning District and to the requirements and regulations applicable thereto refer to the Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by 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: 4 (i) 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) 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 names of the Grantor and the Grantee. 5 WITNESS the following signature and seal: By: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: Grantor: Home Associates of Virginia, Inc., a Virginia corporation Brenda Caruana, Vice President (SEAL) The foregoing instrument was acknowledged before me this day of July, 2013, by Brenda Caruana, Vice President of Home Associates of Virginia, Inc., a Virginia corporation, Grantor. Notary Public My Commission Expires: Notary Registration Number: 6 EXHIBIT "A" ALL THAT certain lot or piece or parcel of land situate in the City of Virginia Beach, Virginia, known and described by metes and bounds containing "6.049 acre", more or less, as shown on that certain plat of survey entitled "SUBDIVISION OF MELVIN D. ULREY PROPERTY ON INDIAN RIVER ROAD, Pungo Borough, Virginia Beach, Virginia", which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 94, at Page 29. GPIN: 2413-22-5595 H:\AM\Conditional Rezoning\Home Associates of Virginia\Pungo Village\Proffer_rev.3 10-23-13.doc 7 WITNESS the following signature and seal: Grantor: Home Associates of Virginia, Inc., a Vir 'nia corporatio ? (SEAL) By: Brenda Caruana, Vice President STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this 31, 4 day of July, 2013, by Brenda Caruana, Vice President of Home Associates of Virginia, Inc., a Virginia corporation, Grantor. ?l f?L d>• \' OUJ'Q? Notary Public My Commission Expires: C)al o& I I 1 Notary Registration Number: 13101(.ol lv .....?...... ERICA G. POWERS NOTARY PUBLIC REGISTRATION N 369616 COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES FEBRUARY 28, 2017 6 EXHIBIT "A" ALL THAT certain lot or piece or parcel of land situate in the City of Virginia Beach, Virginia, known and described by metes and bounds containing "6.049 acre", more or less, as shown on that certain plat of survey entitled "SUBDIVISION OF MELVIN D. ULREY PROPERTY ON INDIAN RIVER ROAD, Pungo Borough, Virginia Beach, Virginia", which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 94, at Page 29. GPIN: 2413-22-5595 H:\AM\Conditional Rezoning\Home Associates\Pungo Village\Proffer.doc 7 N ? mi ? ? WG H 0 ` 19 1 4 ? a 0 v ?. 0 c 0 ? ? ? ? a ? C O w ? a d ? ? ?n c d O ? ? ? C .10 ? ? u ? ? C N . ?'1-? ? ?? .weeie f si CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: HIF, LLC; HIC, LLC; MACH ONE, LLC (Applicant / Owner), Modification of Conditional Rezoninq (approved by the City Council on 4/11/95 and modified on 10/11/11). 3877 Holland Road (GPIN 1486246493). ROSE HALL DISTRICT. MEETING DATE: February 25, 2014 ¦ Background: On April 11, 1995, the subject site was rezoned from R-7.5 Residential, A-12 Apartment, and B-2 Community Business to Conditional B-2 Community Business. The proffers approved with that Conditional Rezoning address the following: the submitted site and landscape plans, the required improvements to the public right-of-way along Windsor Oaks Boulevard, the signage on the site, the lighting on the site, and the submitted elevations. On August 13, 1996, the proffers were revised to delay the completion of the improvements to the Windsor Oaks Boulevard right-of-way. On October 11, 2011, the proffers were modified again to reduce the parking requirements and to provide for three outparcels on the site. The applicant is now requesting a modification to the 1995 and 2011 proffers for the purpose of constructing a 4,000 square foot retail building. The proffers being modified include a new site plan and a new architectural rendering showing design and material quality. ¦ Considerations: The design will complement the recently completed Kroger on the adjacent property with regard to building style, material, and quality, creating a cohesive visual appearance across the site. Additionally, the placement of the new retail building befinreen the Kroger and the retail strip center removes an existing physical gap in the 'street wall' created by the line of stores adjacent to the parking area. Stamped crosswalks, matching those on the Kroger property, will be used for pedestrian access to the existing strip center. Additional information pertaining to this proposal is provided in the attached staff report. There was no opposition to the request. ROSE HALL "' F-" HIF L.L.C.• HIC L.L.C.• Mach One L.L.C. ? .. ? „? pW ' .62 ra ,. • . 3 i r, ?:. % . ""'7r , 82 B2* 6? . ?.. / . ,k ? - ' F ???iiy ` - _ .00 z«Wro.+w c?o.ar.. M« sw« Modlficetion o/ CondiHona 6 January 8, 2014 Public Hearing APPLICANTS & PROPERTY OWNERS: HIF, L.L.C., HIC, L. L. C., MAC H ONE, L.L.C. STAFF PLANNER: Kevin Kemp REQUEST: Modification of Proffers (approved by the City Council on April 11, 1995 and modified on October 11, 2011) ADDRESS / DESCRIPTION: 3877 Holland Road GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 14862464930000 ROSE HALL 10.4 acres Less than 65 dB DNL BACKGROUND / DETAILS OF PROPOSAL The subject site was rezoned from R-7.5 Residential, A-12 Apartment, and B-2 Community Business to Conditional B-2 Community Business on April 11, 1995. The proffers approved with that Conditional Rezoning address the following: the submitted site and landscape plans, the required improvements to the public right-of-way along Windsor Oaks Boulevard, the signage on site, the lighting on the site, and the submitted elevations. On August 13, 1996, the proffers were revised to delay the completion of the improvements to the Windsor Oaks Boulevard right-of-way. On October 11, 2011, the proffers were modified again to reduce the parking requirements and to provide for three outparcels on the site. The applicant is requesting a modification to proffers that were approved in 1995 and modified in 2011 in order to construct a 4,000 square foot retail building. The proffers being modified include a new site plan and a new architectural rendering showing design and material quality. Specifically, the revisions to the proffers read as follows: 1. To the extent that the Original Proffers and Previous Modifications apply to the Property, Proffer Number 1 is hereby amended to state in its entirety as follows: HIF, L.L.C., HIC, L.L.C., MACH ONE, L.L.C. Agenda Item 6 Page 1 "The proposed approximately 4,000 square foot retail building to be located in the southern portion of the Property, when developed, shall be developed in substantial conformance with the concept plan entitles 'Site Plan, Exhibit A, Close-Up Plan,' dated September 24, 2013, prepared by Kimley-Horn Associates, Inc. (the "Site Plan"), which Site Plan has been exhibited to the City Council and is on file with the City Planning Department." 2. To the extent that the Original Proffers and Previous Modifications apply to the Property, Proffer Number 9 is hereby amended to state in its entirety as follows: "The architectural design and quality of materials used for the proposed retail building to be located on the Property that is identified as `Small Shops Retail' on the Site Plan, when developed, shall be substantially compatible with the rendering prepared by Randolph T. Hicks, AIA, entitled `Proposed Elevations for Holland Windsor Crossing (2A)', and dated October 10, 2013." 3. All other covenants, restrictions and conditions proffered as part of the Original Proffers shall remain unchanged and are incorporated herein by reference. City records show that the existing retail building on the site was constructed in 1999. This retail strip center extends down the east side of the property. Parking for the shops is located to the west of the building in a large lot that extends the whole length of the building. This parking lot extends to the west until it adjoins the parking area for the Kroger grocery store. The proposed approximately 4,000 square foot retail building will be located at the southern portion of the site past where the existing retail center ends. This part of the site is currently a vacant grassy area. The proposed retail building is 66' x 60'. An additional 16 parking spaces will be added to the front of the building, including one handicap space. A six-foot concrete walkway will surround the building. The building will be connected to the adjacent Kroger store by a decorative brick cross walk, broken up by a large grass median strip. Vehicular access to the building will use the existing drive aisles from both Holland Road and the adjacent Kroger property. The submitted rendering depicts a predominately brick building that can accommodate up to three tenants. The entrances to the units are on the front faCade. The pedestrian level portion of the front faCade is lined with storefront windows. The area above the storefront windows projects out to creating cover at the entrances to the units. The top portion of the building is brick with a large Exterior Insulation Finish System (EIFS) decorative feature centered projecting over the center unit. An awning extends out from underneath this design feature. The building is capped with a decorative EIFS cornice piece and incorporates varying roof lines. There are four brick columns equally spaced across the front of the building. A vertical design feature is located on each column, as well as the use of a different material at the base of the column. The storefront windows extend around each corner of the building and go a third of the way down the side facade. Changes in the pattern and material as well as the use of recesses and projections add visual interest to the side facade. The signage will be centered over each unit. The drawing shows additional signage located on the side of the building. All signage will meet the requirements of the Zoning Ordinance. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Commercial strip center with predominately retail use. SURROUNDING LAND North: . Holland Road USE AND ZONING: . Retail shops / B-2 Community Business District HIF, L.L.C., HIC, L.L.C., MACM ONE, L.L.G. Agenda Item 6 Page 2 • Single-family homes / R-7.5 Residential District South: . Retention Pond/ B-2 Community Business District East: . Townhouses / A-12 Apartment District West: . Kroger Grocery Store / B-2 Community Business District NATURAL RESOURCE AND A majority of the site is developed with a commercial building and CULTURAL FEATURES: paved parking surface. There is a grassy area at the rear of the site. There do not appear to be any natural resource or cultural features on the site. The site is located in the Chesapeake Bay Watershed. COMPREHENSIVE PLAN: The Comprehensive Plan identifies this site as being located within the Suburban Area. The general planning principles for the Suburban Area focus on preserving and protecting the overall character, economic value, aesthetic quality of the stable neighborhoods, and reinforcing the suburban characteristics of commercial centers and other non-residential areas that comprise part of the Suburban Area. Achieving these goals requires that all land use activities wither maintain or enhance the existing neighborhood through compatibility with surroundings, quality and attractiveness of site and buildings, improved mobility, environmental responsibility, livability and effective buffering with respect to type, size, intensity and relationship to the surrounding uses. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): Holland Road is a four-lane urban minor arterial. It is listed in the Master Transportation Plan Major Street Network Ultimate Rights-of-Way as a six-lane facility in a 150-foot wide right-of-way, but there is no Roadway CIP project for that widening. Windsor Oaks Boulevard is a four-lane collector. It is listed in the Master Transportation Plan Major Street Network Ultimate Rights-of-Ways as a four-lane facility in an 80- foot wide right -of-way; therefore, it is at its ultimate width. TRAFFIC: Street Name Present present Capacity Generated Traffic Volume Holland Road 39,800 ADT 22,800 ADT (Level of Service "D") 27,400 ADT' (Level of Existing Land Use 2 Service "E" 16,500 ADT Windsor Oaks 8,400 ADT 13,100 ADT (Level of Proposed Land Use 3 Boulevard Service "C") 16,586 ADT 20,700 ADT' (Level of Service "D" Average Daily Trips Z as defined by shopping center with the development of the three outparcels 3 as defined b sho in center with the develo ment of the three outparcels and the new proposed 4,000 sq. ft. retail buildin WATER: This site is currently connected to City water. There is an existing 16-inch City water main along Holland Road. The existing 2-inch water meter (City ID 95112816) and fire meter (City ID 95124823) may be used or upgraded to accommodate the proposed development. HIF, L.L.C., HIC, L.L.C., MACM ONE, L.L.G. Agenda Item 6 Page 3 SEWER: This site is currently connected to City sanitary sewer. There is existing 8-inch City sanitary sewer gravity main within a 30-foot public utility easement located on the site. Sanitary sewer and pump station analysis for Pump Station 577 is required to determine if future flows can be accommodated. EVALUATION AND RECOMMENDATION The request to modify the previously approved proffers to accommodate the development of an approximately 4,000 square foot retail building on the subject site is consistent with the Comprehensive Plan's land use policies for the Suburban Area. Additionally, the building's design uses the following features in accordance with the Retail Establishment and Shopping Centers Guidelines: projections and recesses of wall planes, storefront display windows, projected entryways, awnings, repeating patterns, changes in materials and alternate material accents, variation in rooflines, a three-dimensional roof feature, and the use of high-quality materials. The design will complement the recently completed Kroger on the adjacent property with regard to style, material, and quality, creating a cohesive visual appearance across the site. Additionally, the location of the new retail building to the southwest of the existing strip center creates closure and successfully ties the site with the adjacent buildings. Stamped crosswalks to match those on the Kroger property will be used for pedestrian access to the existing strip center. The design features, as well as building location, create an aesthetically pleasing addition to the property' and are a good development of what is currently a vacant portion of the lot. The submitted site plan shows the installation of two exterior light fixtures, one on each end of the new parking area. This lighting should be of a design that accentuates the site and provides sufficient illumination for the development without projecting light and glare onto adjacent properties or into the sky. Approval of these light fixtures will be required from the Planning Department during the site plan review process. The proposed signage on the building as shown on the submitted rendering conforms to the Comprehensive Plan's Reference Handbook that states that all signage should be consistent in color and theme with the existing building. All signage must meet the requirements of the City Zoning Ordinance as well. Based on staff's evaluation of the request, as provided above, staff recommends approval of this request as proffered. PROFFERS 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. ,.... 4 .. . , .. HIF, L.L.C., HIC, L.L.C., MACH. ONE, L.L.C. Agenda Item 6 Page 4 PROFFER 1: To the extent that the Original Proffers and Previous Modifications apply to the Property, Proffer Number 1 is hereby amended to state in its entirety as follows: The proposed approximately 4,000 square foot retail building to be located in the southern portion of the Property, when developed, shall be developed in substantial conformance with the concept plan entitles 'Site Plan, Exhibit A, Close-Up Plan,' dated September 24, 2013, prepared by Kimley- Horn Associates, Inc. (the "Site Plan"), which Site Plan has been exhibited to the City Council and is on file with the City Planning Department. PROFFER 2: To the extent that the Original Proffers and Previous Modifications apply to the Property, Proffer Number 9 is hereby amended to state in its entirety as follows: The architectural design and quality of materials used for the proposed retail building to be located on the Property that is identified as 'Small Shops Retail' on the Site Plan, when developed, shall be substantially compatible with the rendering prepared by Randolph T. Hicks, AIA, entitled `Proposed Elevations for Holland Windsor Crossinq (2A)', and dated October 10, 2013. PROFFER 3: All other covenants, restrictions and conditions proffered as part of the Original Proffers shall remain unchanged and are incorporated herein by reference. STAFF COMMENTS: Staff finds the proffers listed above acceptable, as they ensure the level of quality of the project and ensure the development will be constructed as indicated on the proffered plans. NOTE: Further conditions may be required during the administration of applicab/e City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicab/e City Codes and Standards. All applicab/e permits requiied by the City Code, including those administered by the Department of Planning / Deve/opment Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses al/owed 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. HIF, L.L.C., HIC, L.L.C., MACH'ONE, L`:t.C. ,4genda Item 6 Page 5 Proffers approved April 11, 1995 Continued: Free standing signs on the Property shall all be of a monument type design substantially similar to that depicted in the attached exhibit entitled "Super Kmart Center Sign", dated 2/20/95, said exhibit being the same exhibit being submitted to the City Council and on file in the Planning Department of the City of Virginia Beach (hereinafter "Sign Plan"). The monument style freestanding sign located at the entrance to the Property at Governor's Way and Holland Road shall be similar in design to the sign depicted on the Sign Plan but not identical in order to facilitate tenants within the are shown as "Future DevelopmenY" on the Site Plan. To the extent the number of freestanding signs require the approval of the Board of Zoning Appeals, such signs shall substantially comply with the exhibit designated as the "Sign Plan". 2. Lighting installed along the western boundaries of the Property shall be either directed inwardly toward the Property or if mounted on the exterior of the buildings and shielded so as to prevent any direct reflection toward the adjacent residential districts. In addition, the truck loading areas and dumpster areas shall be located substantially as shown on the Site Plan. Any loading areas and dumpster areas on Out Parcel No. 1, shall be screened by fencing from the western property line and oriented away from the western property line. 3. The exterior of the Super Kmart building shown on the Site Plan shall be substantially similar in appearance to the rendering entitled "Super Kmart Center", prepared by Walker, Woodward Architects, P.C., dated 2/20/95, said exhibit being the same exhibit being submitted to the City Council and on file in the Planning Department of the City of Virginia Beach (hereinafter "Rendering"). The architectural style and the building materials to be used in the construction of the building denoted as "Future DevelopmenY" on the Site Plan shall be substantially similar with the architecture and building materials used in the Super Kmart building, except as necessary to accommodate a regionally or nationally recognized, consistent building exterior of the applicable building space. 4. Further conditional 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. PROFFERS OF 1995 REZONING (continued) HIF, L.L.C., HIC, L.L.C., MACH ONE, L;?.C. . Agenda Item 6 Page 6 Modification of Proffers approved October 11, 2011: 1. To the extent that the Original Proffers apply to the portion of the Property affected by this application, Proffer Number 1 is hereby amended to state in its entirety as follows: "The Property, when developed, shall be developed in substantial conformance with the concept plan entitled "Concept Plan, Proposed Retail Expansion," dated July 11, 2011, prepared by Kimley-Horn Associates, Inc. (the "Site Plan"), which Site Plan has been exhibited to the City Council and is on file with the City Planning Department. The development of the Property may vary from the Site Plan to the extent necessary to implement the traffic improvements contemplated in Proffer 4, below." 2. To the extent that the Original Proffers apply to the portion of the Property affected by this application, Proffer Number 6 is hereby amended to state in its entirety as follows: "Parking on each Out Parcel (as defined below) between Holland Road and the primary structure shall be minimized by placing the majority of the parking on the sides and/or rear of the primary structure. Landscaping along Holland Road and Windsor Oaks Boulevard shall be uniform in materials and intensity (while preserving view corridors) repositioning a large percentage of the existing plant material within a 30 foot wide buffer measured from the existing right-of-way along Holland Road, and a 25 foot wide buffer measured from the existing right-of- way along Windsor Oaks Boulevard (which 25 foot buffer will extend south from the Holland Road/ Windsor Oaks Boulevard intersection to the existing northernmost vehicular access point along the Property's Windsor Oaks Boulevard frontage, as depicted on the Site Plan). In addition, the developers of the individual Out Parcels shall coordinate with the Planning Director or his designee to use a mixture of trees and shrubs to create an aesthetically pleasing internal access drive along the rear boundary of the Out Parcels while preserving view corridors." 3. To the extent that the Original Proffers apply to the three (3) out parcels depicted on the Site Plan dated July 11, 2011 as Parcels 1B, 1C, and G(the "Out Parcels"), Proffer Number 7 is hereby amended to state in its entirety as follows: "The freestanding signage to be located on each of the three (3) new Out Parcels shall be monument style with a maximum height of eight (8) feet and be constructed with materials and colors similar to those used on the exterior of the primary structure located on that Out Parcel, and shall comply with the provisions contained in the City Zoning Ordinance, as modified by variance(s) granted by the appropriate authority." 4. On the subdivision plat creating the Out Parcels, Grantor agrees to include a one foot (1') no ingress/egress easement along the Out Parcel's Holland Road frontage, from Windsor Oaks Boulevard to the existing access point on Holland Road, thereby precluding the need for a traffic impact analysis for the development proposed on the Out Parcels. Nothing contained herein shall exempt the Grantors from installing traffic improvements required by the Grantee during the final site plan review pursuant to the Grantee's statutory authority. PROFFERS OF 2011 MODIFICATION HIF, L.L.C., HIC, L.L.C., MACH ONE, L.L.C. Agenda Item 6 Page 7 Modification of Proffers aqproved October 11 2011 Continued: 5. With respect to the development of the Out Parcels, in addition to mandatory design standards applicable to the development of the Property that are contained in the City Zoning Ordinance (unless otherwise modified in this Agreement), Grantor shall also adhere to the following "optional" provisions of Article II, Subsection D of the Zoning Ordinance. (a) Building facades visible from a public street and greater than one hundred fifty (150) feet in length, measured horizontally, shall incorporate wall plane projections or recesses having a depth of at least (3) feet (Section 245(a)(1)); (b) Building fronts and sides of buildings oriented toward a public street shall incorporate features such as arcades, display windows, entry areas, false windows, awnings and similar features adding visual interest (Section 245(a)(2)); (c) Facades not visible from a public street or from a private internal street or way used by the public shall be painted a coordinating color to complement the front and side facades (Section 245(a)(4)); (d) Variations in roof lines shall be accomplished through the use of overhanging eaves, parapets, pop outs, entrance features, or height variations (Section 245(b)(1) - as modified); (e) Exterior building materials for all portions of a building shall be of high quality and should exceed the level of quality required by the Virginia Uniform Statewide Building Code. Predominant exterior building materials (except for roofs, doors, windows, eaves, and other ornamental features) will include any combination of brick, wood, stone, glass, or tinted and textured concrete masonry (Section 245(c)(1) - as modified); (f) Smooth-faced concrete block, tilt-up concrete panels, or pre-fabricated steel panels should be used as exterior building materials only if such materials have been incorporated into the overall design of the building and reflect an overall appearance of high quality (Section 245(c)(2)); PROFFERS OF 2011 MODIFICATION (Coninued) HIF, L.L.C., HIC, L.L.C., MACH ONE, L.L.C. 'Agenda Item 6 Page 8 Proffers of October 11 2011 Modification (Continued): (g) Entryway design elements and variations shall provide orientation to building. Buildings shall have clearly defined, highly visible customer entrances, which shall incorporate two (2) or more of the following features: (1) Canopies or porticos; (2) Overhangs; (3) Recesses or projections; (4) Arcades; (5) Raised corniced parapets over entranceways; (6) Peaked roof forms; (7) Arches; (8) Outdoor patios; (9) Display windows; (10)Architectural details such as tile work or moldings integrated into the building structure and design; or (11)Integral landscaped areas or places for sitting (Section 245(d)); (h) Mechanical or HVAC equipment shall not be installed at ground level along any portion of a building facing a public or internal street unless suck location is necessitated by the nature and design of the building it serves. Such equipment shall be screened by a solid fence or wall and native plants having good screening characteristics. Shrubs shall be at least three (3) feet high, and trees shall be at least six (6) feet high, at planting. Plants shall be spaced as directed by the city's landscaping, screening and buffering specifications and standards, be maintained at all times in good condition and shall not be trimmed to a height lower than the mechanical equipment the screen (Section 245(e)(3)); (i) Outdoor lighting fixtures shall be coordinated as to style, material, and color. Neutral and earth tone colors of lighting fixtures are encouraged. Lighting throughout the Out Parcels shall overlap, creating an even level of illumination throughout the parking area (Section 245(f)(1) - as modified); and (j) Where feasible, stormwater management systems shall be utilize existing regional stormwater management facilities (Section 248(c)). 6. All other covenants, restrictions and conditions proffered as part of the Original Proffers shall remain unchanged and are incorporated herein reference. PROFFERS OF 2011 MODIFICATION (Continued) HIF, L.L.C., HIC, L.L.C., MACR'ONE, L:L.C. Agenda Item 6 Page 9 AERIAL PHOTOGRAPH OF SITE AND SURROUNDING AREA HIF, L.L.C., HIC, L.L.C., MACH ONE, L.L.C. Agenda Item 6 Paae 10 ?,?? ; 1_ I I I I I I I I I I I I I I I I I I I I I I_l .l ?.ll. \?.: ?, ?? \:??;` :`•. - - ? --- -- .. ;? ---?? ,, : ? ,, •-,__ ? ? ? , 1l r i - ?' ? " .\ , KK ? ? ? ? 3 -}^,?rr-g?- _ $ ? * ----?..,t? -? •'` `, f , ' i ; I ? ?=? : 11,.??_... ..-.--.-•,..--+ ? ; , ? ? ? ?• , ? t ;f I? . . . ?? '?1 ' . . ? s N "??. ?i '? t? I . , ?; V. ?x...'. ,___ ''1 ? ' ? ?, ? , .. li•'C, ??? ? ;1.' . . ? ; I . r ' 1? ' f = ' ,• ?? ?I ? . ? 1 ? , `` ,t,••?l ` - A' ?I. .,ijJ • ` I_!' ? ? " ?' .~ y?? ? .. \ ? s . l? '• . • > ?? • . ` ? '."'T_. • . . .? '? ' ?. ' °`''. ..... „_ .... . . ". a4R I,? PROPOSED SITE LAYOUT (PROFFER 1) i HIF, L.L.C., HIC, L.L.C., Agenda Iter Page - ? ? C. i6 ? 11 ? ,. 1 ( ? \ ? '? `? ? • ? . .. ? ? . ? '? . -,. • ??, M ri = `_??''~`" ,•.,,,,,?* ? ? • --- ? • • ? ' \ \ \ ?`?1?!rr'?r??....+?..w.??.?+.w^r+."'?± 4 ? • ? ? ???? I ?? _ _.«-._ . ??- ? ? !'.? ? • -`-i =?? ?--f--------- -._-_ --- ? ? ? i .?? • ? [!?I n j .. o -- °_ _ •__ ? k ?, _ _ _ . ? "' ' ` , ? ? ,?•«? -? - -_ -?? ' . ; .r•.?' -r'' --- ---- " ?,.?.?ew__ __ • ? ? ? ? . ,- ___ '?? •-...., - . ? ' , . . ... , , ? , . . ` ?'i I 4 . L`f ; ? f?i : I? ,`?..' ? ? ? $ ; ` ; -- . _ . -. • ------,,:??-----?------------+ _ --- ; ?, . . ? ? _ ' • , ?• 1 1 i 1- ? ??f ? 'qJ J ?_ . . . i? : . . ??, ? f 'l? ? :i 1 , ` • ? ? r..! ' \ ... ? J 1 ' ' I ?. ? ? ? . , ? t • ? ' : . . ? :? ' , ? • . ! . PROPOSED SITE LAYOUT (PROFFER 1) HIF, L.L.C., HIC, L.L.C., MACH ONE, L.L.C. Agenda Item 6 Page *.. ? a ? -? r ?'f.? ? . . . . 3= 2> ? I ? a ui i; C' i, i? v j t? ; ?illl?ltt? il'1 Iit Ill i Y f . ? ' f i1?s? F I ?Il 114• b ? e t Y ? L 5 m° Q N 0 Z n n 0 it n ? 0 n o< z= a ? r ? < < _ =3> , Y >Z<? t a'i Q 0 p 9 : 0t. ? ? J ' ? u . . f a O G p i p ? S S i2>o f PROPOSED BUILDING ELEVATIONS (PROFFER 2) HIF, L.L.C., HIC, L.L.C., ;H ONE, L.L.C. Agenda Item 6 Page 13 ZONING HISTORY # DATE REQUEST ACTION 1 06/12/2012 Conditional Use Permit Automobile Repair A roved 04/11/1995 Conditional Use Permit Automobile Repair A roved 04/10/1989 Conditional Use Permit Hospital Denied 04/10/1989 Chan e of Zonin A-12,R-7.5,6-2 to 0-2 Denied 2 10/11/2011 Modification of Conditions Parkin Requirements A roved 08/13/1996 Modification of Conditions Extension for com letion of ri ht-of-wa A roved 04/11/1995 Chan e of Zonin (R-7.5 to B-2 Conditional A roved 3 04/26/2011 Conditional Use Permit Indoor Recreational A roved 4 07/10/2001 Chan e of Zonin A-12,R-7.5,B-2 to PDH-2 (A-12 A roved 5 07/10/2001 Change of Zonin A-12,R-7.5 to B-2 Conditional A roved 6 05/14/1984 Chan e of Zonin A-1 to B-2 A roved 7 07/12/1982 Conditional Use Permit (Reli ious Use A roved HIF, L.L.C., HIC, L.L.C., MACH ONE, L.L.C. Agenda Item 6 Page 14 1 J APPLICANT DISCLOSURE If the applicant is a corporation, partnership, firm, business, or other unincorporated organization, complete the foliowing: 1. List the applicant name followed by the names of all officers, members, trustees, partners, etc. below: (Affach lisf if necessary) y y ? ? ? ? ? ? 1! ? r ? ? i ? ? ? r { ? ? Please see attached. 2. List alf businesses that have a parent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) Please see attached. ? Check here if the appiicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete fhis section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Sarne as Applicant. 1 ? 2. List all businesses that have a parent-subsidiary' or affiliated business entity2 relationship with the applicant: (Aftach listifnecessary) Same as Appficant. 1 ? t 1 I 1 ? 1 ? Check here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. & See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest in the subject land? Yes No X If yes, what is the name of the official or employee and #he nature of their interest? DISCLOSURE STATEMENT HIF, L.L.C., HIC, L.L.C., MACH ONE, L.L.C. Agenda Item 6 Page 15 ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural senrices, real estate services, financial services, accounting services, and legai services: ?Attach list if necessary) Troutman anders LLP - Legal Services Kimiey-Hom & Assoctates, Inc. -- Engineering Services '"Parent subsidiary relationship" means "a relationship that exists when one corpora6on directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Govemment Conflict of In#erests 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 interesf 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 refationship 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 ofrices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship beiween the entities." See State and Local Government Conflict of Inferests Act, Va. Code § 2.2-3101. CERTIPICATION: I certify that the information contalned herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required s(gn on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. SER PAGE ATTACHED FOR SIGNATURES OF, MACH ONE L.L.C., HIC,L.L.C AND HIF, L.L.C. Applicant's Signature Print Name Property Owners 5ignature (if different than applicant) Print Name MadificaUan of CondiUons Analication ? P ! ? ? ? ? ? ! ? ? 09 c: ? ? ? ?-- ? ? ? ? ? !-- ? ? ? ? ? ? 111MM p ? ? ? ? DISCLOSURE STATEMENT HIF, L.L.C., HIC, L.L.C., MACH ONE, L.L.C. Agenda Item 6 Page 16 Modification of Conditions Application of HIC, LLC; HIF, LLC; and Mach One, LLC Property Owners/Applicants: HIC, LLC - James M. Caplan (manager); The Caplan Family Trust 1976 (member) HIF, LLC - Lawrence Fleder (manager); The Fleder Family Trust 1976 (member) Mach One, LLC - James M. Caplan (manager) or Lawrence Fleder (manager); CH&B Associates, LLP (member) Owners signatures: HI L.L.C. ames M. Capian, m ger 4 MAC ONE, L.L.C. ? la es M. Caplan, mana HIF, L.L. _ BY _ .? Lawrence Fleder, manager Datea: 10 -31,13 Dated: [o ' 3 ( - I3 Dated° ? e- /j J DISCLOSURE STATEMENT HIF, L.L.C., HIC, L.L.C., MACH ONE, L.L.C. Agenda Item 6 Page 17 Item #6 HIF, L.LC, HIC, L.LC., Mach One, L.L.C. Modification of Conditional Rezoning 3877 Holland Road District 3 Rose Hall January 8, 2014 CONSENT An application of HIF, L.L.C, HIC, L.L.C, Mach One, L.L.C. for a Modification of Proffers (approved by the City Council on April 11, 1995 and modified on October 11, 2011) on property located at 3877 Holland Road, District 3, Rose Hall. GPIN: 14862464930000. PROFFERS PROFFER 1: To the extent that the Original Proffers and Previous Modifications apply to the Property, Proffer Number 1 is hereby amended to state in its entirety as follows: The proposed approximately 4,000 square foot retail building to be located in the southern portion of the Property, when developed, shall be developed in substantial conformance with the concept plan entitles `Site Plan, Exhibit A, Close-Up Plan,' dated September 24, 2013, prepared by Kimley-Horn Associates, Inc. (the "Site Plan"), which Site Plan has been exhibited to the City Council and is on file with the City Planning Department. PROFFER 2: To the extent that the Original Proffers and Previous Modifications apply to the Property, Proffer Number 9 is hereby amended to state in its entirety as follows: The architectural design and quality of materials used for the proposed retail building to be located on the Property that is identified as'Small Shops Retail' on the Site Plan, when developed, shall be substantially compatible with the rendering prepared by Randolph T. Hicks, AIA, entitled 'Proposed Elevations for Holland Windsor Crossing (2A)', and dated October 10, 2013. PROFFER 3: All other covenants, restrictions and conditions proffered as part of the Original Proffers shall remain unchanged and are incorporated herein by reference. A motion was made by Jeff Hodgson and seconded by Chris Felton to approve item 6 by consent. Item #6 HIF, LLC, HIC, LLC., Mach One, L.L.C. Page 2 FELTON HODGSON HORSLEY INMAN OLIVER REDMOND RIPLEY RUCINSKI RUSSO THORNTON AYE 10 NAY 0 AYE AYE AYE AYE AYE AYE AYE AYE AYE AYE ABS 0 ABSENT 0 A verbal vote was made by Commission Oliver. Vote machine not registering vote. By a vote of 10-0, the Commission approved item 6 by consent. Robert Beaman appeared before the Commission on behalf of the applicant. 1r'4G`NIA IIE,?cJS'. ti ? ? ? ? N q? I W ? ?;?.. . 1(? `Y R C" Ary' 2 ' y y / 'FS ?;` 4} S ?_0F DUR NASI CITY OF VIRGINIA BEACH rnITrR-orrlcc cvRRrsPONDr:NCr In Reply Refer To Our File No. DF-8880 TO: Mark D. Stiles ? FROM: B. Kay Wilsor w DATE: February 11, 2014 DEPT: City Attorney DEPT: City Attorney RE: Conditional Zoning Application; HIF, LLC, HIC, LLC, Mach One, LLC The above-referenced conditional zoning application is scheduled to be heard by the City Council on February 25, 2014. I have reviewed the subject proffer agreement, dated October 31, 2013 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: Kathleen Hassen Document Prepared By: Troutman Sanders LLP 222 Central Park Avenue, Suite 2000 Virginia Beach, VA 23462 MODIFICATION OF CONDITIONS AGREEMENT THIS MODIFICATION OF CONDITIONS AGREEMENT (this "AgreemenY'), made this3May of October, 2013, by and between HIC, L.L.C., a Virginia limited liability company ("HIC") (to be indexed as grantor); HIF, L.L.C., a Virginia limited liability company ("HIF") (to be indexed as gantor); and MACH ONE, L.L.C., a Virginia limited liability company ("Mach One") (to be indexed as grantor) (together the "Grantors"); and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (hereinafter referred to as the "Grantee", and to be indexed as grantee). WITNESSETH: WHEREAS, HIC, HIF, and Mach One are the owners of the real property described on Exhibit A attached hereto (the "Property"), which property is currently zoned Conditional B-2, and is subject to certain recorded proffers; and WHEREAS, in April 1995, the City of Virginia Beach conditionally re-zoned the Property and several adjacent parcels subject to certain proffered covenants, restrictions, and conditions set forth in the proffer ageement recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia (the "Clerk's Office") in Deed Book 3489 at page 2130 (the "Original Proffers"); and WHEREAS, the Original Proffers were subsequently amended by documents recorded in the Clerk's Office in Deed Book 3651 at page 1174, and as Instrument Number 20111020001085030 (together the "Previous Modifications"); and WHEREAS, Grantors desire to develop the Property in a manner that differs from the terms specified in the Original Proffers and Previous Modifications; and WHEREAS, Grantors desire to amend and modify several of the covenants, restrictions, and conditions set forth in the Original Proffers and Previous Modifications to the extent that they apply to the Property; and WHEREAS, this Ageement is not intended to affect the zoning regulations applicable to parcels located adjacent to the Property that are subject to the Original Proffers and/or Previous Modifications; GPIN No.: 1486-24-6493-0000 21310283v1 WHEREAS, the conditions set forth in the Original Proffers may only be amended or varied by written instrument recorded in the Clerk's Office and executed by the record owner of the Property, provided that said instrument is consented to by the Grantee by ordinance or resolution adopted by the governing body of the Grantee, after a public hearing properly advertised pursuant to Section 15.2-2204 of the Code of Virginia, 1950 (as amended), which said ordinance ar resolution shall be recorded along with the amendment as conclusive evidence of such consent. NOW, THEREFORE, the Grantors for themselves, their successors, assigns, gantees, and other successors in title or interest, voluntarily and without any requirement by or extraction from the Grantee ar its governing body and without any element of compulsion or quid pro uco 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 the terms of this declaration shall constitute covenants running with the said Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their heirs, personal representatives, assigns, gantees and other successors in interest or title, namely: 1. To the extent that the Original Proffers and Previous Modifications-apply to the Property, Proffer Number 1 is hereby amended to state in its entirety as follows: "The proposed approximate 4,000 square foot retail building to be located in the southern portion of the Property, when developed, shall be developed in substantial conformance with the concept plan entitled `Site Plan, Exhibit A, Close-Up Plan,' dated September 24, 2013, prepared by Kimley-Horn and Associates, Inc. (the "Site Plan"), which Site Plan has been exhibited to the City Council and is on file with the City Planning Department." 2. To the extent that the Original Proffers and Previous Modifications apply to the Property, Proffer Number 9 is hereby amended to state in its entirety as follows: "The architectural design and quality of materials used for the proposed retail building to be located on the Property that is identified as `Small Shops Retail' on the Site Plan, when developed, shall be substantially compatible with the rendering prepared by Randolph T. Hicks, AIA, entitled `Proposed Elevations for Holland Windsor Crossing (2A)', and dated October 10, 2013." 3. All other covenants, restrictions and conditions proffered as part of the Original Proffers shall remain unchanged and are incorporated herein by reference. All references herein to zoning districts and to regulations applicable thereto refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in farce as of the date the modification of proffered covenants, restrictions and conditions is approved by the Grantee. The covenants, restrictions and conditions set forth above, having been proffered by the Grantors and allowed and accepted by the Grantee, shall continue in full force and effect until a 21310283v1 2 subsequent amendment changes the zoning on the Property covered by such conditions; provided, however, that such conditions shall continue despite a subsequent amendment if the subsequent amendment is part of the comprehensive implementation of a new or substantially revised zoning ordinance, unless, notwithstanding the foregoing, these conditions are 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 subject Property at the time of recordation of such instrument; provided further that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee advertised pursuant to the provisions of the Code of Virginia, Section 15.2-2204, which said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent. The Grantors covenant and agree 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, including (i) the ordering in writing of the remedying of any noncompliance with such conditions, and (ii) the bringing of legal action or suit to ensure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages or other appropriate action, suit or proceedings; (2) the failure to meet all conditions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) if aggrieved by any decision of the Zoning Administrator made pursuant to the provisions of the City Code, the Zoning Ordinance or this Agreement, the Grantor shall petition to the governing body for the review thereof prior to instituting proceedings in court; and (4) the Zoning Map show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Subject Property on the map and that the ordinance 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 that 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 Grantors and Grantee. [Remainder of Page Intentionally Left Blank. Separate Signature Pages to Follow.] 21310283v1 3 HIC, L.L.C., a Virlinia limited liabili M. U Title STATE/COMMONWEALTH OF o \V? , to-wit: CITY/G9JUWTY OF Mo %9 ? The foregoing instrument was sworn to and acknowledged before me this 31s day of 2013, by 'pcv6r2 MIn cc?Ccr=t9v, on behalf of HIC, L.L.Ce/she is eithe ersonall own to me or has produced as identification. Witness my hand and official stamp or seal this 31& day of ?eAe,, 2013 My Commission Expires: Registration Number `1?31'z°k -1 ak3(Z(Cvs ? Notary Public (SEAL) `??^? .............. _ NN0???\0000; ;.v '•,'Nld ?`?1?w .:,??''' j71 W ' A.r'?? ,????11111 i 11 U1????\\\ 21310283v1 4 HIF, L.L.C., a Virginia limited liability company: By: ,?- Title STATE/COMMONWEAL H OF ? ;ea•,cv; Pc CITY/C-?9UN3'Y OF to-wit: The foregoing instrument was sworn to and acknowledged before me this 3tSf day of 12013, by t ozakc,rQ? rPfma., on behalf of HIF, L.L.C.&/she is eith ersonall known to me or has produced as identification. Witness my hand and official stamp or seal this 8\?day of Q2013. C) -D , Notary Public (SEAL) My Commission Expires: Registration Number: \'00\?V 1 S I F 1/,/// ... _ ;COMMONWEALTH'. / _ OF VIR6INIq - _ *,REGISiRATION NO. % 213995 ? ? rqRY PUe\'`G??`??\\\\ 21310283v1 MACY ONE, L.L.C., a VirAnia limited liabi (?. Title V? STATE/COMMONWEAL H OF CITY/C-04-4ffY OF to-wit: The foregoing instrument was sworn to and acknowledged before me this 3?_' day of oc? o?(Z , 2013, YL , on behalf of Mach One, L.L.C. (]>-she is either llknown to e or has produced as identification. Witness my hand and official stamp or seal this3 ?' day of 04fl'b0(L, 2013. , -n ? Notary Public (SEAL) My Commission Expires: '1' c%' Zoci Registration Number: 2 \3 qqS :COMMONWEALTH'; = = OF VIRGINIA ? .: REGtSTRATION NO. ; -. ? i,//OTARY1 21310283v1 6 Exhibit A Legal Description of Property All that certain lot, piece or parcel of land, situate, lying and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as "Parcel 2A" as shown on that certain plat entitled "SUBDIVISION OF PARCELS 1& 2 WINDSOR CROSSING SHOPPING CENTER", dated June 6, 2012, prepared by Engineering Services, Inc., and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument No. 20120727000844690. 21310283v1 7 SJL liESf BOURL ON9 A13.ER1 V & L f P.C. ATTORNEYS AND COUNSELORS AT LAW PEMBROKE OFFICE PARK - BUILDING ONE 28IINDEPENDENCE BOULEVARD FIFTH FLOOR VIRGINIA BEACH, VIRGINIA 23462-2989 TELEPHONE: 757-499-8971 FAOSIMtLe: 757-456-5445 February 18, 2014 Via Email & Hand Deliveru The Honorable Mayor William D. Sessoms, Jr. Vice Mayor Louis R. Jones Councilwoman Barbara Henley Members of City Council c/o Ruth Hodges Fraser, City Clerk Office of the City Clerk City Hall Building #i, Room 281 Municipal Center Virginia Beach, Virginia 23456 JON M. AHERN R. EDWARD BOURDON, JR. JAMES T. CROMWELL L. STEVEN EMMERT KIMBERLY E. HARTIN ANGELINA S. LEE KIRK B. LEVY MICHAEL J. LEVY" HOWARD R. SYKES, JR. 'Admitted in Virginia and Washington DC Re: Application of HOFD Ashville Park, LLC and Elbow Farms Associates for a Conditional Change of Zoning District Classification District from AG-i & AG-2 Agricultural District to PDH-2 Planned Development District with a P-i Preservation District Designation and an Application for a Modification of Proffers with respect to the Conditional Change of Zoning approved May io, 2005, previously modified on February 14, 2012; Property located at 3049 New Bridge Road and Ashville Park Boulevard north and south sides, Princess Anne District; City Council public hearing date February 25, 2014 Dear Mayor Sessoms, Vice Mayor Jones and Members of City Council: On behalf of HOFD Ashville Park, LLC, this shall formally constitute our request for an indefinite deferral of the above referenced applications. I have previously advised Mrs. Henley that we received a copy of an email from Mr. Bohby P.ountree inquiring as to the placement of units within Viliage C. My clients have tasked their engineers and consultants with reviewing the precise location of the greater than 65 db noise zone as it traverses this property to determine if there has been a change in the number of units proposed within the greater than 65 db noise zone. If so, it is our intention to pursue modification of the layout in order to hopefully avoid any conflict with the Department of the Navy. We appreciate this matter being deferred and will communicate the results of this review and any changes to your staff. The City staff and City Council will be advised in advance of our rescheduling this matter for a public hearing before Council. In addition, the property will be re-posted with new signs. Thank you in advance for your approval of this request for a deferral. ? SYK£S, BOURDON, ' AHERN & LEVY, P.C. The Honorable Mayor William D. Sessoms, Jr. Vice Mayor Louis R. Jones Councilwoman Barbara Henley Members of City Council February 18, 2014 Page 2 With kind regards, I am Very truly yours,__ _._.._? _.? ...?.,.? ,,.-' R. ? dtvard Bourdon, Jr. REBjr/arhm cc: Stephen J. White, Department of Planning Jack Whitney, Department of Planning Anthony J. Giacoia, Ashville Park, LLC Chris Foulger, HOFD Ashville Park, LLC R.J. Nutter, II, Esquire H:\AM\Mod of Proffers\HOFD Ashville Park\Sessoms_Ltr 2-i8-14.doc u e? ? CITY OF VIRGINIA BEACH AGENDAITEM ITEM: (a) HOFD ASHVILLE PARK, LLC (Applicant) / ELBOW FARMS ASSOCIATES (Owner), Conditional Chanqe of Zonina, AG-1 Agricultural & AG-2 Agricultural to PD-H2 Planned Development [P-1 Preservation]. Property is located at 3049 New Bridge Road (GPIN 2413636727). PRINCESS ANNE DISTRICT. (b) HOFD ASHVILLE PARK, LLC (Applicant / Owner). Modification of Proffers of a Conditional Rezoning (approved on 5/10/2005 and modified on 2/14/2012). Property is located on the north and south sides of Ashville Park Boulevard (GPINs 2413475609; 2413165292). PRINCESS ANNE DISTRICT. MEETING DATE: February 25, 2014 ¦ Background: The applicant is proposing a Conditional Change of Zoning for an 87-acre parcel located on New Bridge Road and a Modification of Proffers for the Ashville Park development. The original Conditional Change of Zoning establishing the PD-1-12 Planned Unit Development District [R-30 & P-1 ] was approved by the City Council ten years ago, on February 24, 2004. ¦ Considerations: The applicant is requesting an indefinite deferral of these requests to provide additional time to address issues and continue work with the community. ¦ Attachments: Location Map Recommended Action: Allow indefinite deferral Submitting DepartmenUAgency: Planning Department City Manager: ?t?k, WL- SYIZES, IROtTRDON, AREB & LEVY, P.C. PEMBROKE OFPICE PARK - BUILDINO ONE 281 INDEPENDENCE BOULEVARD FIFTH FLOOR VIROINIA BEACH, VIROINIA 23462-2989 TELEPHONE: 757-499-8971 FnCS t M i Le: 757-456-5445 February 18, 2014 JON M. AHERN R. EDWARD BOURDON, JR. JAMES T. CROMWELL L. STEVEN EMMERT KIMBERLY E. HARTIN ANGELINA S. LEE KIRK B. LEVY MICHAEL J. LEVY• HOWARD R. SYKES, JR. •AdmlRed In VIrpINa and WewnpCn DC Via Email & Hand Deliueru The Honorable Mayor William D. Sessoms, Jr. Vice Mayor Louis R. Jones Councilwoman Barbara Henley Members of City Council c/o Ruth Hodges Fraser, City Clerk Office of the City Clerk City Hall Building #i, Room 281 Municipal Center Virginia Beach, Virginia 23456 Re: Application of HOFD Ashville Park, I.LC and Elbow Farms Associates for a Conditional Change of Zoning District Classification District from AGi & AG2 Agricultural District to PDH-2 Planned Development District with a P-i Preservation District Designation and an Application for a Modification of Proffers with respect to the Conditional Change of Zoning approved May io, 2005, previously modified on February 14, 2012; Property located at 3049 New Bridge Road and Ashville Park Boulevard north and south sides, Princess Anne District; City Council public hearing date February 25, 2014 Dear Mayor Sessoms, Vice Mayor Jones and Members of City Council: On behalf of HOFD Ashville Park, LLC, this shall formally constitute our request for an indefinite deferral of the above referenced applications. I have previously advised Mrs. Henley that we received a copy of an email from Mr. Bobby Rountree inquiring as to the placement of units within Village C. My clients have tasked their engineers and consultants with reviewing the precise location of the greater than 65 db noise zone as it traverses this properry to determine if there has been a change in the number of units proposed within the greater than 65 db noise zone. If so, it is our intention to pursue modification of the layout in order to hopefully avoid any conflict with the Department of the Navy. We appreciate this matter being deferred and will communicate the results of this review and any changes to your staff. The City staff and City Council will be advised in advance of our rescheduling this matter for a public hearing before Council. In addition, the property will be re-posted with new signs. A7TORNEYS ANO COUNSEIORS AT LAW Thank you in advance for your approval of this request for a deferral. ? SYKES. $OURDON, t??i & L£VY. P C The Honorable Mayor William D. Sessoms, Jr. Vice Mayor Louis R. Jones Councilwoman Barbara Henley Members of City Council February 18, 2014 Page 2 With kind regards, I am Very truly yours,,,.? .,..- R. ard Bourdon, Jr. REBjr/arhm cc: Stephen J. White, Department of Planning Jack Whitney, Department of Planning Anthony J. Giacoia, Ashville Park, LLC Chris Foulger, HOFD Ashville Park, LLC RJ. Nutter, II, Esquire H:\AM\Mod of Proffers\HOFD Ashville Park\Sessoms_Ltr 2-18-i4.doc os ?f CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: • CITY OF VIRGINIA BEACH - CBC / Zoning Maps - An Ordinance to Amend the Official Zoning Map by Changing the Zoning District Classification of Certain Property to "CBC Central Business Core District." • CITY OF VIRGINIA BEACH - CBC / Article 22 - An Ordinance to Add a New Article 22, Consisting of Sections 2200 through 2212, to the City Zoning Ordinance. • CITY OF VIRGINIA BEACH - CBC / Conforming Provisions - An Ordinance to Add, Amend, and Reordain, Repeal or Renumber Certain Sections of the City Zoning Ordinance so as to Conform to the Provisions of Article 22 of the City Zoning Ordinance (Establishing the CBC Central Business Core District and Setting Forth the Regulations Pertaining to Such District). • CITY OF VIRGINIA BEACH - CBC / Pembroke SGA Plan - An Ordinance to Amend the Pembroke Strategic Growth Area 4 Implementation Plan and the Policy Document of the Comprehensive Plan by Revising Maps of the Pembroke Strategic Growth Area and Amending the Descriptions of the Central Business District / Core Area and the Central Business District / WaterFront Area. • CITY OF VIRGINIA BEACH - CBC / Site Plan Exceptions - An Ordinance to Amend and Reordain Sections 5.5, 5.613 and 5.14 of the Site Plan Ordinance, Pertaining to Exceptions in Districts Intended to Implement Strategic Growth Area Plans. • CITY OF VIRGINIA BEACH - CBC / Transition Rules - An Ordinance Establishing Transition Rules for the Review of Site Plans, Subdivision Plats and Other Plans of Development for Property in the CBC Central Business Core District. MEETING DATE: February 25, 2014 ¦ Background: The Pembroke Strategic Growth Area (SGA) Implementation Plan, adopted by the City Council on November 10, 2009, describes and provides planning policies for six subareas within the SGA: Western Campus District; Central Village District; CBD Waterfront District; CBD Core District; CBD Bonney District; and Southern Corporate District. The land use and development policy framework concentrates a high density mix of complementary urban uses within a defined central area, creates a skyline for Virginia Beach, and provides for decreased land use density and intensity of development outward from the core. The general recommendations for the Pembroke Strategic Growth Area are as follows: • Implement Transit-Oriented Development around planned transit stations; • Establish policies for alternative housing/workforce housing; • Create zoning regulations specific to the land use and development policies of each district; • Establish a Cultural Arts District in the Core Area; City of Virginia Beach/ CBC Central Business Core District Page 2 of 3 Expand the Pembroke SGA to include Mount Trashmore Park and South Independence Commercial corridor; Design and build the entire length of Cleveland Street to Greenwich Road as a 'Complete Street' to be an attractive and efficient thoroughfare serving many modes of travel; and Develop a public facilities strategy for City-owned lands considering recreation, library, museum, theaters, and other uses. As part of the recommendation to `create zoning regulations specific to each district,' the attached amendments are proposed as a means of allowing for and encouraging the land use and the type of development recommended by the Pembroke SGA Plan for the CBD Core District. The CBD Core District includes Town Center, and is generally bordered by Kellam Road, Broad Street, Beasley Drive, and the former Norfolk Southern right-of-way (see map provided in attached staff report). The proposed amendments began with an intensive effort by City staff in November 2012 to draft zoning regulations based on the land use and development framework recommended by the SGA Plan. After several months of staff discussion and `testing' of various regulatory concepts, staff began an extensive public participation process to gain insight from those who live, work, and own property within the CBD Core. That process included a public meeting and workshop on August 15, 2013 at the Sandler Center for the Performing Arts. Approximately 50 people attended the meeting. An overview of the draft zoning regulations and design guidelines was presented, and following the presentation, staff answered questions and received comments from attendees. In response to comments received at that meeting and comments received with each subsequent draft, staff has continued to refine and test the amendments through various case studies. In particular, the most recent refinement of the amendments was the result of comments from the Central Business District Association (CBDA), which formally endorsed the amendments on November 12, 2013 (see letter following this report). ¦ Considerations: When adopted in 2009, the Pembroke SGA Plan recommended that new zoning regulations for the various districts within the SGA be modeled on form-based code principles. Accordingly, the proposed amendments are a hybrid of the existing framework of zoning regulations and form-based code principles appropriate to the development pattern and land uses recommended by the policies of the SGA Plan. The proposed amendments will regulate land use and development within the Central Business District (CBD) Core District, replacing the existing B-3A Pembroke Central Business Core District and much of the B-3 Central Business District. The parcels regulated by the new district will be identified on the Official Zoning Map by the notation "CBC." The attached ordinances include provisions creating the new district and amending the Zoning Map to show the CBC district. The proposed amendments focus on three principal areas of regulation necessary to achieve the vision for the CBD Core District as provided by the Pembroke SGA Plan. First, regulations are provided for six key development principles that work together to establish urban form as recommended for the CBD Core District: build-to zone; parking setback; transparency; blank wall; height; and outdoor amenity space. City of Virginia Beach/ CBC Central Business Core District Page 3 of 3 Second, as urban form is only one part of what creates a great urban place and experience, the proposed amendments regulate the land uses. The regulations include specific locations where certain land uses are allowed and standards that some must meet to ensure compatibility with the surrounding area. The proposed land use regulations, therefore, are intended to create a more urban-style environment in the Core, allow for a mixture of uses (residential, office, commercial, and hotel), and provide a greater variety in price and types of housing citywide. Third, the proposed amendments provide regulations pertaining to signs, as signs can have a significant impact on the overall appearance and experience within an urban place: The proposed amendments also include the "Central Business Core District Design Guidelines." The Guidelines are voluntary, but they play a significant role in creating the urban place envisioned by the Pembroke SGA Plan. The Guidelines are also an instrumental part of the Optional Forms of Development process as well as the Alternative Compliance process, which are summarized further in the attached staff report. Also included as part of the overall package are amendments to the Pembroke Strategic Growth Area Plan and the Comprehensive Plan. The amendments revise the maps that show the districts within the SGA and amend the descriptions of the CBD / Core Area and CBD / WaterFront Area. The attached report provides greater detail and further discussion of the proposed amendments. There was no opposition to the request. ¦ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 9-0, to recommend approval of this request to the City Council. ¦ Attachments: Staff Review Minutes of Planning Commission Hearing Ordinances (6) Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting De Agency: Planning Departmen ? City Manager. 't>GtN 7-12 December 11, 2013 Public Hearing CITY OF VIRGINIA BEACH AMENDMENTS PERTAINING TO THE ESTABLISHMENT OF THE CBC CENTRAL BUSINESS CORE DISTRICT REQUESTS: 7. An Ordinance to Amend the Official Zoning Map by Changing the Zoning District Classification of Certain Property to "CBC Central Business Core District." 8. An Ordinance to Add a New Article 22, Consisting of Sections 2200 through 2212, to the City Zoning Ordinance, Establishing the Central Business Core District and Setting Forth Findings and Regulations Pertaining to Permitted Uses, Development (Lot and Building) Standards, Sign Regulations, Alternative Compliance with prescribed development standards, Optional Forms of Development, Public Art, Parking Requirements, and Design Guidelines for the District. 9. An Ordinance to Add, Amend, and Reordain, Repeal or Renumber Certain Sections of the City Zoning Ordinance so as to Conform to the Provisions of Article 22 of the City Zoning Ordinance (Establishing the CBC Central Business Core District and Setting Forth the Regulations Pertaining to Such District). 10. An Ordinance to Amend the Pembroke Strategic Growth Area 4 Implementation Plan and the Policy Document of the Comprehensive Plan by Revising Maps of the Pembroke Strategic Growth Area and Amending the Descriptions of the Central Business District / Core Area and the Central Business District / Waterfront Area. 11. An Ordinance to Amend and Reordain Sections 5.5, 5.66 and 5.14 of the Site Plan Ordinance, Pertaining to Exceptions in Districts Intended to Implement Strategic Growth Area Plans. 12. An Ordinance Establishing Transition Rules for the Review of Site Plans, Subdivision Plats and Other Plans of Development for Property in the CBC Central Business Core District. SUMMARY OF AMENDMENT Backqround The Pembroke Strategic Growth Area (SGA) Implementation Plan, adopted by the City Council on November 10, 2009, describes and provides planning policies for six subareas within the SGA: Western Campus District; Central Village District; CBD Waterfront District; CBD Core District; CBD Bonney District; and Southern Corporate District. The land use and development policy framework concentrates a high density mix of complementary urban uses within a defined central area, creates a skyline for Virginia Beach, and provides for decreased land use density and intensity of development outward from the core. CITY OF VIRGINIA BEACH / CBC Central Business Core District Agenda Items 7 - 12 Page 1 The general recommendations for the Pembroke Strategic Growth Area are as follows: • Implement Transit-Oriented Development around planned transit stations; • Establish policies for alternative housing/workforce housing; • Create zoning regulations specific to the land use and development policies of each district; • Establish a Cultural Arts District in the Core Area; • Expand the Pembroke SGA to include Mount Trashmore Park and South Independence Commercial corridor; • Design and build the entire length of Clevefand Street to Greenwich Road as a'Complete StreeY to be an attractive and efficient thoroughfare serving many modes of travel; and • Develop a public facilities strategy for City-owned lands considering recreation, library, museum, theaters, and other uses. As part of the recommendation to 'create zoning regulations specific to each district,' the various amendments listed at the beginning of this report are proposed as a means of allowing for and encouraging the land use and type of development recommended by the Pembroke SGA Plan for the CBD Core District. The CBD Core District includes Town Center and is generally bordered by Kellam Road, Broad Street, Beasley Drive, and the former Norfolk Southern right-of-way (see map below). w?E CL:N`I'RAL I3USINESS t:OCZC 'LONINCi UIST}21CT „ S I; LEGEND 1 000 sno a 1,000 Central Business Core Disirici Pembroke Strateyic Growth Area Feet 20'? '. The current set of proposed amendments began with an intensive effort by City staff in November 2012 to II?? draft zoning regulations based on the land use and development framework recommended by the SGA Plan. After several months of staff discussion and 'testin9' of various re9ulatorY concePts, staff be9an an ' CITY OF VIRGINIA BEACH / CBC Central Business Core District Aqenda Items 7 - 12 ky. ??.. extensive public participation process to gain insight from those who live, work, and own property within the CBD Core. That process included a public meeting and workshop on August 15, 2013 at the Sandler Center for Performing Arts. Approximately 50 people attended the meeting. An overview of the draft zoning regulations and design guidelines was presented, and following the presentation, staff answered questions and received comments from attendees. In response to comments received at that meeting and comments received since with each subsequent draft, staff has continued to refine and test the amendments through various case studies. In particular, the most recent refinement of the amendments was the result of comments from the Central Business District Association (CBDA), which formally endorsed the amendments on November 12, 2013 (see letter following this report). Summarv of Amendments When adopted in 2009, the Pembroke SGA Plan recommended that new zoning regulations for the various districts within the SGA be modeled on form-based code principles. Accordingly, the proposed amendments are a hybrid of the existing framework of zoning regulations and form-based code principles appropriate to the development pattern and land uses recommended by the policies of the SGA Plan. The proposed amendments will regulate land use and development within the Central Business District (CBD) Core District, which will replace the existing B-3A Pembroke Central Business Core District and much of the B-3 Central Business District. The parcels regulated by the new district will be identified on the Official Zoning Map by the notation "CBC." The attached ordinances include provisions creating the new district and amending the Zoning Map to show the CBC district. The proposed amendments are based on six key development standards, most of which are typical of a form-based code. 1. Build-To Zone • Purposes: o Bring buildings to street o Create "Street Wall" • Rules: o Place building befinreen 0 and 10 feet from front property line o Place building along at least 70 percent of street frontage 2. Parkinq Setback • Purposes: o Hide parking from street and sidewalk o Create "pedestrian-friendly" environment • Rules: o Place parking at least 20 feet from street facing property line o Surface parking - setback applies to at least 70 percent of street frontage (up to 30 percent of street frontage can have parking up front) o Structured parking - setback applies to at least 50 percent of street frontage (thus, up to 50 percent of street frontage can have parking at the front lot line. o Applies only to ground-floor level 3. Transparencv CITY OF VIRGINIA BEACH / CBC Cen#ral Business Core Distrrict Agenda Items 77 12 Page 3 the surrounding area. The proposed land use regulations, therefore, are intended to create a more urban- style environment in the Core, allow for a mixture of uses (residential, office, commercial, and hotel), and provide a greater variety in price and types of housing citywide. The following is a short summary of the land use regulations that are most relevant to the development of the Core as an urban place: . Ailows apartment buildings and mixed-use buildings with residential dwellings on upper floors. • Allows grocery stores, carry-out food, and convenience stores (free-standing or in a mixed-use building). • No industrial uses. • Limits automobile-oriented uses: drive-through business, auto repair, gas stations. • Drive-through for banks, pharmacies, and restaurants permitted, BUT the proposed amendment provides that "drive-through facilities shall be located on the block interior or in the ground floor of a parking structure so as not to be visible from a public right-of-way." • Surface parking lots permitted if located behind building or screened from the view of a public street; otherwise, a Use Permit is required. The third part of the regulatory framework consists of regulations pertaining to signs, which can have a significant impact on the overall appearance and experience within an urban place: • Purposes: o Allow for variety of sign types found in urban areas (awning, hanging, projecting, marquee) o Prevents distracting, competing signage o Incentivizes compliance with the Design Guidelines • Rules: o Number and total area of signs based on building type, height, and street frontage o Bonus signage allowed when signs meet Design Guidelines The fourth part of the regulatory framework consists of the "Central Business Core District Design Guidelines." The Guidelines are voluntary, but they play a significant role in creating the urban place envisioned by the Pembroke SGA Plan: • As noted above, provide design standards for'bonus' signage; • Applied when Optional Forms of Development are proposed; and • Considered as a component of Alternative Compliance. The final part of the regulatory framework consists of the flexible nature of the framework itself. Just as with the Oceanfront Resort Area Form-Based Code, there are three processes by which a development may gain approval: 1. Prescribed Form (administrative process); 1. Optional Forms of Development (administrative process); and 2. Alternative Compliance (City Council approval). The 'Prescribed Form' consists of the zoning regulations for the Central Business Core (CBC) District, as summarized above. The specific provisions for Optional Forms of Development are described in Section 2206 and for Alternative Compliance are detailed in Section 2205. CITY OF VIRGINIA BEACH / CBC Central Busii ' Gore Dis Agenda Items 7 p? M rict 12 e5 RECOMMENDATION With the adoption of the 2003 Comprehensive Plan, the City Council estabiished Strategic Growth Areas (SGAs), including the Pembroke SGA, as the areas intended to absorb most of the city's anticipated future growth, both residential and non-residential. The SGAs are planned to contain uses that are more intensive than in most other areas of the city, but are integrated into compact, yet compatible, mixes of uses, including office, retail, service, hotel and, where appropriate, residential, uses. The 2003 Comprehensive Plan also established guidance concerning the SGAs: Of equal importance will be how the SGAs develop in regard to the form that they take. The SGAs are intended to be urban in form with a mixture of uses commonly found in urban settings. The areas, however, that are designated as SGAs are largely either undeveloped or developed in the same suburban pattern found throughout the City. How we reshape these undeveloped and suburban areas will be critical if we are to create memorable urban places where people desire to live, work, play, and learn. As the various implementation plans are developed for the SGAs, we must develop design guidelines and new zoning tools, such as Form Based Codes, that provide specific direction to those who own property in the SGAs regarding what the form of those places will be. If the form of the SGAs does not match our vision for the SGAs, we will have lost much. This Plan, therefore, provides fundamental guidance regarding the proper form of urban places and the principles of design that can be used as we move forward to create an active and vibrant urban corridor from Newtown to the Oceanfront. Of equal importance will be how the SGAs develop in regard to the form that they take. The SGAs are intended to be urban in form with a mixture of uses commonly found in urban settings. The areas, however, that are designated as SGAs are largely either undeveloped or developed in the same suburban pattern found throughout the city. The way these areas are `reshaped' will be critical to establish a more memorable urban place where people desire to live, work, play, and learn. As the various implementation plans are developed for the SGAs, design guidelines and new zoning tools must be created that provide specific direction to those who own property in the SGAs regarding what the form of those places will be. If the form of the SGAs does not match the vision for the SGAs, the purpose of the SGAs will be lost. The 2009 Comprehensive Plan retained the SGA strategy as well as the guiding principles adopted with the 2003 Comprehensive Plan. That strategy has been refined and expanded through the adoption of plans for each of the eight SGAs. The plans for all of those SGAs retain and build on the basic planning principles established in the Comprehensive Plan. The attached amendments are consistent with those principles, establishing a regulatory framework based on the vision for the CBD Core District as described in the Pembroke Strategic Growth Area Plan. Based on the above, approval of the ordinances is recommended. CITY OF VIRGINIA BEACH / CBC Central Busii Core Dis Agenda Items 7 Pa ess rict 12 )e`6 1 AN ORDINANCE TO ADD ARTICLE 22 TO THE CITY ZONING 2 ORDINANCE, CONSISTING OF SECTIONS 2200 THROUGH 3 2212, ESTABLISHING THE CENTRAL BUSINESS CORE 4 DISTRICT AND SETTING FORTH FINDINGS AND 5 REGULATIONS PERTAINING TO PERMITTED USES, 6 DEVELOPMENT (LOT AND BUILDING) STANDARDS, SIGN 7 REGULATIONS, ALTERNATIVE COMPLIANCE WITH g PRESCRIBED DEVELOPMENT STANDARDS, OPTIONAL g FORMS OF DEVELOPMENT, PUBLIC ART, PARKING 10 REQUIREMENTS AND DESIGN GUIDELINES FOR THE 11 DISTRICT 12 13 Sections Added: City Zoning Ordinance Sections 2200 through 2212 14 15 WHEREAS, the public necessity, convenience, general welfare and good zoning 16 practice so require; 17 18 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 19 VIRGINIA BEACH, VIRGINIA: 20 21 That a new Article 22 of the City Zoning Ordinance, consisting of Sections 2200 22 through 2212, establishing the Central Business Core District and setting forth 23 regulations regarding permitted uses, lot standards, building standards, alternative 24 compliance with prescribed development standards, optional forms of development, 25 public art, parking requirements and other development standards for the District is 26 hereby added to the City Zoning Ordinance, to read as follows: 27 28 29 ARTICLE 22. CENTRAL BUSINESS CORE DISTRICT. 30 31 A. General Provisions 32 33 Sec 2200. Applicability; severability 34 Sec.2201. Purpose 35 Sec.2202. Findings 36 37 B Development Requlations 38 39 Sec. 2203. Use requlations 40 Sec 2204. Development standards 41 Sec 2205. Alternative Compliance 42 Sec 2206 Optional Forms of Development 43 Sec. 2207. Special rules for public art as an Optional Form of Development 44 Sec 2208 Nonconforminq buildinqs and structures 45 46 C. Siqn Regulations 47 48 Sec 2209 Intent; findinqs, establishment of special siqn district 49 Sec 2210 Requlations applicable to all signaqe 50 51 D. Design Guidelines 52 53 Sec 2211 Central Business Core District Design Guidelines 54 55 56 E Vehicular Parkinq Requlations 57 58 Sec. 2212. Off-street parkinq 59 60 61 62 A. GENERAL PROVISIONS. 63 64 Sec. 2200. Applicability; severability. 65 (a) This Article sets forth the zoninq requlations applicable to development 66 within the Central Business Core District Such district shall be desiqnated on the 67 official zoninq map as "CBC". 68 (b) In the event of a conflict between the provisions of this Article and any 69 other provision of the Citv Zoninq Ordinance the provisions of this Article shall applv 70 unless expresslv otherwise provided. 71 (c) The provisions of this Code shall be severable such that in the event one 72 (1) or more of the provisions of this Code shall be adiudqed to be invalid or 73 unenforceable the validity and enforceabilitv of the remaininq provisions shall not in any 74 way be affected or impaired by such adiudication. 75 COMMENT 76 77 This section states that the Article contains the zoning regulations applicable to 78 development in the new Central Business Core District and that the City's zoning map shall 79 designate the district as "CBC." It also resolves potential conflicts with other CZO provisions in 80 favor of the provisions of this ordinance and contains a severability clause to express the intention 2 81 of the City Council that the invalidation of one or more provisions shall not affect any other $2 provision. 83 84 Sec.2201. Purpose. 85 86 (a) The purpose of this Article is to establish requlations implementinq the 87 vision of the City Council for the Central Business District/Core Area portion of the 88 Pembroke Strateqic Growth Area as expressed in the Pembroke Strateqic Growth Area 89 Implementation Plan ("SGA Plan") adopted on November 10 2009. Such requlations 90 are intended to foster the continued development of a central urban core with a vertical 91 mix of urban uses mobility and transit alternatives urban qatherinq places, 92 environmental and neiqhborhood protection "qreen" buildinqs and infrastructure 93 opportunities providinq a varietv of civic commercial artistic and ethnicallv diverse 94 95 96 97 98 99 100 101 areas. COMMENT The section states the purpose of the Article. The descriptive language in the second sentence was taken from the Vision Statement contained in the Pembroke SGA Plan. Sec.2202. Findinqs. 102 The City Council finds that: 103 104 (a) In the 2003 Comprehensive Plan the Citv established Strateqic Growth 105 Areas (SGAs) includinq the Pembroke SGA as areas desiqned to absorb most of the 106 City's anticipated future qrowth both residential and non-residential. The SGAs were 107 planned to contain uses that are more intensive than in most other areas of the Citv but 108 are inteqrated into compact vet compatible mixes of uses includinq office, retail, 109 service hotel and where appropriate residential uses. 110 111 The 2003 Comprehensive Plan also set forth five common planninq principles 112 aaqlicable to all SGAs 113 114 (1) Efficient use of land resources; 115 116 (2) Full use of urban services; 117 118 (3) A compatible mix of uses; 119 120 (4) A ranqe of transportation opportunities; and 121 3 122 (5) Detailed human-scale desiqn. 123 124 (b) The 2003 Comprehensive Plan also set forth quidance concerning the 125 implementation of the vision embodied in the various SGAs. It stated: 126 127 Of equal importance will be how the SGAs develop in reqard 128 to the form that they take The SGAs are intended to be 129 urban in form with a mixture of uses commonlv found in 130 urban settinqs The areas however, that are desiqnated as 131 SGAs are larqely either undeveloped or developed in the 132 same suburban pattern found throuqhout the Citv. How we 133 reshape these undeveloped and suburban areas will be 134 critical if we are to create memorable urban places where 135 people desire to live work play and learn. As the various 136 implementation plans are developed for the SGAs we must 137 develop desiqn quidelines and new zoninq tools, such as 138 Form Based Codes that provide specific direction to those 139 who own property in the SGAs reqardinq what the form of 140 those places will be If the form of the SGAs does not match 141 our vision for the SGAs we will have lost much. This Plan, 142 therefore provides fundamental quidance reqardinq the 143 proper form of urban places and the principles of desiqn that 144 can be used as we move forward to create an active and 145 vibrant urban corridor from Newtown to the Oceanfront. 146 147 (c) The 2009 Comprehensive Plan retained the strateqv and quidinq 148 principles set forth hereinabove That strateqy has been refined and expanded bv 149 means of separate plans that were specific to each of the eiqht SGAs within the City 150 and that were adopted only after an extensive public participation in each instance. The 151 plans for all of those SGAs retain the five basic planninq principles set forth in 152 subsection (a) In addition the 2009 Plan noted that the City has identified SGAs as: 153 154 (1) Providinq opportunities for continued physical and economic 155 rg owth; 156 157 (2) Helpinq to prevent urban sprawl- 158 159 (3) Protectinq our established residential neiqhborhoods and rural 160 areas from incompatible development due to qrowth pressures; 161 162 (4) Maximizin q infrastructure efficiencv; and 163 164 165 166 d) (5) Creatinq unique and excitinq urban destinations. Traditional suburban-style development typically lacks ianificant 167 connectivity to mass transit systems and bicycle or pedestrian-oriented features, instead 168 dependinq almost exclusively upon automobile traffic Such dependence upon the 169 automobile results in larqe expanses of asphalt or other impervious parkin a surfaces 170 that are rarely if ever, fullv utilized and has siqnificant undesirable impacts, includinq, 171 amonq others 172 173 (1) Inefficient use of land; 174 175 (2) Greater adverse impacts on air and water quality, notwithstandinq 176 compliance with applicable regulations than vertically-oriented, 177 mixed-use development; 178 179 (3) Incompatibility both functional and architectural with adjacent 180 communities; 181 182 (4) Increased traffic conqestion; and 183 184 (5) A lack of uniqueness and "sense of place" differentiatinq Virqinia 185 Beach from other cities. 186 187 (e) As stated in the Pembroke SGA Plan: 188 189 Without an urban core the City will not be able to attract the 190 kind of emplovers needed to provide iobs to certain 191 seqments of its ever-expandinq citizenry. The time has come 192 for the Citv of Virqinia Beach to embrace its urban potential 193 and take steps to create a sustainable city form that better 194 serves its citizens now and lonq into the future. 195 196 (f) In liqht of the foreqoinq findings it is in the best interests of the City of 197 Virginia Beach that this Article be adopted in order to promote development that 198 advances the City's vision for the Central Business District/Core Area portion of the 199 Pembroke Strateqic Growth Area That vision was finalized onlv after residents, 200 business owners and other stakeholders participated with City planners and other 201 officials in an extensive public participation process in which a varietv of views and 202 opinions were expressed and considered. 203 204 (q) The zoninq requlations that currently qovern development in the Central 205 Business District/Core Area of the Pembroke SGA should be updated and refined so as 206 to allow more flexible and creative forms of development: accordinqly, the reaulations 207 set forth in this Article are intended to be flexible and perFormance-oriented, so as to 208 allow multiple forms of development that advance the qoals and obiectives of the 209 Pembroke SGA Plan. 210 211 COMMENT 212 The section sets forth the findings underlying the ordinance. Most of these findings have 213 been taken from the 2009 Comprehensive Plan or the Pembroke Strategic Growth Area Plan. 214 Others, particularly in subsection (g), have been added. 215 216 B. DEVELOPMENT REGULATIONS 217 218 Sec. 2203. Use requlations. 219 220 (a) The followinq chart lists those uses permitted within the Central Business 221 Core District Uses and structures shall be allowed either as principal uses, indicated 222 by a"P" or as conditional uses indicated by a"C " Uses and structures indicated by an 223 "X" shall be prohibited unless allowed bv special exception for Alternative Compliance 224 pursuant to Section 2205 No uses or structures other than as specified herein or as 225 allowed pursuant to subsection (b) shall be permitted. 226 227 Use District 22$ 229 ceC 230 231 Adult book stores, but not within 500 feet 232 of anv apartment or residential district, 233 sinqle - or multiple-familv dwellinq, church, 234 park or school X 235 236 Animal hospitals veterinarv establishments 237 pounds shelters and commercial kennels, 238 provided that all animals shall be kept in 239 soundproofed air-conditioned buildinqs P 240 241 Assemblv uses P 242 243 Automobile museums subiect to the provisions of 244 Section 223.1 C 245 6 246 Use District 247 248 CBC 249 250 Automobile repair qaraqes sublect to the provisions 251 of Section 224 X 252 253 Automobile service stations? subiect to the qrovisions 254 of Section 225 and provided that where there is an 255 adioininq Residential or Apartment district without an 256 interveninq street alleV or permanent open space qreater 257 than twentv-five (25) feet in width and where lots separated 258 by a district boundarv have adlacent front vards Cateqorv VI 259 screeninq shall separate the automobile service station use 260 from the adiacent Residential or Apartment district and 261 no freestandinq siqn shall be located within fiftv (50) feet 262 of any such Residential or Apartment District c 263 264 Bakeries confectioneries and delicatessens 265 provided that products prepared or processed 266 on the premises shall be sold only at retail and 267 onlv on the premises except that bakeries, 268 confectioneries and delicatessens with 7,500 269 square feet or less in floor area mav preqare 270 products on the premises for retail sale at an 271 off-site location P 272 273 Bars or nightclubs subject to the provisions of Section 274 225.01 C 275 276 Beveraqe manufacturinq shops ? 277 27$ Bicvcle and moped rental establishments and bicvcle 279 sharinp svstems subiect to the provisions of Section 226 c 280 281 Boat sales X 282 283 Body piercinq establishments X 284 285 Buildinq-mounted antennas meetinq the requirements 286 of Section 207 P 287 288 Bulk storaqe vards and buildinq contractors vards, 289 subject to the provisions of Section 228 and provided 290 that no sale or processinq of scrap salvaqe or second- 291 hand material shall be permitted? and provided further 292 that such storage vards shall be completelv enclosed 293 except for necessarv openinas in ingress and eqress bv 294 a fence or wall not less than six (6) feet in heiqht X 7 295 Use District 296 297 cac 298 299 300 Business and vocational schools c 301 302 Business studios and offices P 303 304 Car wash facilities sublect to the provisions of Section 305 228.1 c 306 307 Child care and child care education centers P 308 309 Colleqes and universities public or private c 310 311 Commercial and other surface parking lots, includinq 312 on site surface parkinq parking aaraqes and storaqe 313 qaraqes except as provided below c 314 315 Commercial and other surface parking lots, includinq 316 on-site parkinq located behind a buildinq or otherwise 317 screened from view from a public street P 318 319 Commercial parking structures which mav include 320 car wash car rental or car detailinq services when 321 whollv enclosed within a parking structure and 322 accessory thereto P 323 324 Communication towers meetinq the reauirements of 325 Section 2320) P 326 327 Communication towers except as specified above c 328 329 Craft distillery shops C 330 331 Dwellings attached/townhouses X 332 333 Dwellinqs, multiple-familv P 334 335 Fiber-optics transmission facilities, subiect to the 336 provisions of Section 233.15 c 337 338 Financial institutions provided that drive-throuqh 339 facilities shall be located on the block interior or 340 in the qround floor of a parking structure so as 341 not to be visible from a public riaht-of-way ? 342 343 Funeral homes c 8 344 Use District 345 346 caC 347 348 Furniture repair and upholstering? repair services for 349 radio and television and household appliances other 350 than those with qasoline enqines? carpet and linoleum 351 lavina tile settinq siqn shops and other small service 352 businesses within a mixed-use buildinq P 353 354 Furniture repair and upholsterin% reqair services for 355 radio and television and household aqpliances other 356 than those with qasoline enqines: carpet and linoleum 357 layinq: tile settinq siqn shops and other small service 358 businesses other than within a mixed-use buildinq X 359 360 Greenhouses and plant nurseries in a mixed-use 361 buildin C 362 363 Grocery stores carry-out food stores and 364 convenience stores P 365 366 Heliports and helistops c 367 368 Home occupations C 369 370 Housinq for seniors and disabled qersons, sub'iect 371 to the provisions of Section 235: convalescent, 372 nursinq or maternity homes c 373 374 Hospitals and sanitariums c 375 376 Hotels P 377 378 Laundrv and drv cleaninq establishments, retail ? 379 380 Liquor stores other than at wholesale P 381 382 Medical and dental offices and clinics P 383 384 Medicallaboratories P 385 386 Mini-warehouses X 387 388 Mobile home sales X 389 390 Motor vehicle sales and rentals, subiect to 391 the provisions of Section 239 except as 392 provided below X 9 393 Use District 394 395 CBC 396 397 Motor vehicle sales and rentals provided that 398 such use and any accessorv or other uses in 399 coniunction with the principal use are fullv 400 enclosed within a buildinq P 401 402 Museums and art qalleries P 403 404 Off-site parkinq facilities subject to the 405 provisions of Section 2212 P 406 407 Pharmacies provided that drive-throuqh 408 facilities shall be located on the block interior or 409 in the qround floor of a parkinq structure so as 410 not to be visible from the public riqht-of-way P 411 412 Printinq publishinq and similar uses P 413 414 Personal service establishments P 415 416 Personal watercraft rentals X 417 418 Public schools C 419 420 Public uses except public schools P 421 422 Public utilities installations and substations qrovided 423 that storaae and maintenance facilities shall not be 424 permitted; and provided further, that utilities substations 425 other than individual transformers shall be surrounded 426 y Cateaorv IV screeninq except for entrances and exits; 427 and provided also that transformer vaults for underctround 428 utilities shall require onlv Cateqory I screeninq except for 429 access openinqs P 430 431 Public utilities offices P 432 433 Public utilitv storaqe or maintenance installations X 434 435 Radio and television broadcastina stations c 436 437 Recreational or amusement facilities indoor. 438 with a maximum floor area of 7,500 square feet P 439 440 10 441 442 443 444 445 446 447 448 449 450 451 452 453 454 455 456 457 458 459 460 461 462 463 464 465 466 467 468 469 470 471 472 473 474 475 476 477 478 479 480 481 482 483 484 485 486 487 Use District CBC Recreational or amusement facilities indoor, with a maximum floor area qreater than 7,500 square feet c Recreation or amusement facilities, outd_oor, other than ridinq academies and recreational campqrounds, subject to the provisions of Section 240.1 c Reliqious uses with a floor area qreater than 4,000 square feet C Reliqious uses with a maximum floor area of 4,000 square feet P Restaurants inside a mixed-use buildinq except as provided below P Restaurants whether freestandinq or in a mixed-use buildinq with a drive-throuqh window, provided that drive-throuqh facilities shall be located on the block interior or on the qround floor of a parkinq structure so as not to be visible from a public riqht-of-wav P Restaurants freestandinq without drive-throuqh windows P Retail establishments other than those listed separatelv, includinq the incidental manufacturina of qoods for sale at retail on the premises: provided that outdoor storaqe or displa rLof anv items for sale shall comply with the provisions of Section 2204(c) P Storaqe or processing of salvaqe scrap or lunk X Satellite waqerinq facilities within a mixed-use buildinq C Sinqle room occupancy facilitv X Specialtv shops P Tattoo parlors and bodv-piercinq establishments X Truck and trailer rentals in accordance with the nrovisions of Section 242.2 X 11 488 Use District 489 490 cgc 491 492 493 Wholesalinq and distribution operations, provided 494 that such operations do not involve the use of: 495 (i) more than 2,000 square feet of floor area for storaqe 496 of wares? (ii) any vehicle rated at more than 1'/z tons, or 497 (iii) a total of more than five (5) delivery vehicles X 498 499 Wildlife rehabilitation centers X 500 501 Wind enerqv conversion svstems freestandinq c 502 503 Wind enerqv conversion systems roof-mounted, 504 except as provided below P 505 506 Wind enerqv conversion svstems roof-mounted, 507 in excess of one (1) per principal structure c 508 509 510 (b) If a proposed use is not expressly permitted pursuant to subsection (a), 511 but is similar to a listed use the Zoninq Administrator may cateqorize the proposed use 512 as a use permitted by this section either as a principal or conditional use. In 513 determininq whether a proposed use is similar to a listed use the Zonina Administrator 514 shall consider (1) the actual or proiected characteristics of the proposed use in 515 comparison to those of the most similar listed use; and (2) the cateqorization of the 516 proposed use in the Standard Land Use Codinq Manual (First Edition January 1965). 517 518 (c) Uses other than those allowed qursuant to subsections (a) or (b) may be 519 allowed pursuant to the Alternative Compliance provisions set forth in Section 2205 if 520 such use conforms to the standards set forth therein. 521 522 523 COMMENT 524 525 The section sets f'orth the use regulations for the District. The section also provides that 526 uses not otherwise allowed may be permitted under the Alternative Compliance provisions in 527 Section 2205. In addition, the Zoning Administrator may allow a use that is not expressly listed as 528 an allowed use, but is similar to a listed use, depending on the actual or projected characteristics of 529 the proposed use and its classification in the Standard Land Use Coding Manual (SLUCM). 530 12 531 532 533 534 535 536 537 538 539 540 541 542 543 544 545 546 547 548 549 550 551 552 553 554 555 556 557 558 559 560 561 562 563 Sec 2204. Development standards. Uses and structures in the District shall conform to the development standards listed below, unless approved pursuant to the Alternative Compliance (Section 2205) or Optional Forms of Development (Section 2206) provisions of this Article: (a) Lot Standards (values expressed in feet unless otherwise indicated): ct!znrlarrl District -- -- - cBC Lot area (min.) 5,000 square feet Lot width (min.) 50 Front setback 0 Side street setback (min.) 0 Side setback (min.) 0 or 5 Rear setback (min.) 0 or 5 Build-to zone 0 - 10 Alle setback (min. 5 Surface parking setback (min. 20' (on 70% of street frontage) Parking structure setback min. 3 20' (on 50% of street frontage) Outdoor amenity s ace4 min. 5% of lot area Notes: 1 Lot width shall be measured at the front proqerty line For building sites on which one or more standalone buildinqs is located on a leased portion of a recorded lot or zonina lot the lot width shall be determined as if the lease lines were lot lines. 2 The build to zone is the portion of a lot in which at least the first two (2) stories of a building facade facinq a street must occupv no less than the percentaqe as desiqnated in subsection (b), of the distance between the lot lines abuttinq the public street faced bv the building facade. The build-to requirements shall applv to all buildinclfaQades facina a qublic street. 3 The parkinq setback must be met in the desiqnated percentaqe of the street frontaqe of any portion of the lot or leased area as the case mav be, adiacent to a public street and applies to surface parkinq and parkinq structures (qround storv only) Where the required setback of a parkinq structure is met in less than 70% of the street frontaqe the structure must substantiallv conform to the applicable Central Business Core District Desiqn Guidelines. Surface parkinq on corner lots including vehicular entrances and exits shall be set back at least fifteen (15) feet from each point of intersection unless a qreater setback is required bv the conditional use e? rmit. 4 Outdonr amenitv space is an exterior area of an establishment that: (1) serves as an amenitv for occupants of the establishment or members of the public and (2) consists of areas such as 13 564 565 566 567 568 569 570 571 572 573 574 qardens (includinq roof qardens) landscapinq beds or other veqetated and maintained areas courtvards, fountains plazas parks cafes or similar areas Stormwater manaqement facilities mav be included within outdoor amenity spaces but outdoor displav areas and areas consistinq solely of qrass and lackinq other components such as trees landscapinq or hardscape imqrovements shall not be included as outdoor amenitv space Outdoor amenity space shall be maintained in qood condition at all times. (b) Buildinq Form Standards (values expressed in feet unless otherwise indicated : c+.,.,.a ? rA District CBC Hei ht min. 25 or 2 stories, whichever is lower Hei ht max. None, subject to Section 202 Ground floor height (min.) 12 Build-to zone 70% 4 Transparency (min.) 30% ground floor; 15% upper floors Blank wall (max.) 5 30 Permitted uses in mixed-use buildings (ground floor) A, B, C, D, E, F, G, H Permitted uses in mixed-use buildin s u er floors A, B, C, D, E, F, G, H 575 576 Kev to permitted uses: 577 578 A: Retail and service 579 580 B: Office 581 582 C: Hotel lobbv/conference space/accessorv uses 583 584 D: Restaurants 585 586 E: Recreational assembly or institutional 587 588 F: Residential 589 590 G: Hotel 591 592 H: Commercial parking structures 593 594 595 Notes: 596 597 1 Permitted encroachments above the maximum heiqht shall be as set forth in Section 202. 598 599 2. Measured from finished floor to finished floor. 600 601 3 Minimum percentaqe of street frontaqe of the lot or leased area occupied bv buildinq 602 fa(;ade. 603 604 4. _ Minimum percentaae of windows and doors that must cover a qround storv facade facinq 605 a street as measured between two (2) and eiqht (8) feet above the adiacent sidewalk. The minimum 14 606 percentaqe of windows and doors that must cover an upper floor facade facina a street is measured from 607 the finished floor to the finished floor above When there is no floor above upper story transparency is 608 measured from the top of the finished floor to the top of the wall plate A minimum of thirtV per cent (30%) 609 of a required entrance must be transparent on a mixed-use or commercial buildinq. 610 611 5 "Blank wall" means a portion of the exterior street-facinq faGade of the buildinq that does 612 not include a substantial material chanqe (paint color is not considered a substantial chanqe)? windows, 613 doors columns pilasters or other articulation qreater than twelve (12) inches in depth. The above 614 requirement applies in both a vertical and horizontal direction and to both qround and upper story street- 615 facinq facades. 616 617 6 A mixed use buildinq is a buildinq containinq two (2) or more separate uses one of which 618 consists of residential dwellinq units that are physically and functionally intearated within the same 619 buildinq on one zoninq lot. 620 621 7 Residential dwellinq units may not occupy more than fifty per cent (50%) of the total floor 622 area of the qround floor of the buildinq in which it is located. 623 624 (c) Outdoor display and storaqe. 625 626 (1) Outdoor display is the outdoor display of inerchandise available for 627 sale at an establishment. 628 629 (2) Outdoor display of inerchandise is permitted in association with any 630 permitted commercial use in accordance with the followinq 631 provisions: 632 633 A Outdoor displays shall be limited to an area within eiqht (8) 634 feet of a buildinq fagade that contains the principal customer 635 entrance for the buildinq and shall not be within any area 636 consistinq of outdoor amenitv space Outdoor displavs shall 637 occupy no more than thirty per cent (30%) of the horizontal 638 lenqth of such farade and the maximum heiqht of any such 639 display shall not exceed six (6) feet; 640 641 B Outdoor displavs shall be removed and placed inside a fully- 642 enclosed buildinq at the end of each business day; and 643 644 C Outdoor displavs may not impair the abilitv of pedestrians to 645 use the sidewalk. 646 647 (3) Outdoor displav of liquefied petroleum (LP) qas storaqe racks, ice 648 storaqe bins or similar items soft drink or other vendinq machines, 649 or items on pallets shall not be permitted. 15 650 651 (4) Outdoor storaqe is the overniqht storaqe outside of a buildinq, of 652 products or materials including without limitation merchandise or 653 material in boxes in crates on pallets or in shippinq containers; 654 vehicles awaitinq repair? recreational vehicles and boats; shoppinq 655 carts: qarden or buildinq supplies; shippinq containers; lumber, pipe, 656 steel iunk and other similar items. 657 658 (5) Outdoor storaqe shall be allowed only as provided in Section 208 or 659 as a condition of a conditional use permit authorizinq the use at 660 which outdoor storaqe occurs. 661 662 (d) Permitted encroachments. 663 664 (1) The followinq encroachments into the area between a buildinq 665 farade and public riqht-of-way shall be permitted: 666 667 A Galleries awninqs porte cocheres stoops porches and 668 balconies; 669 670 B. Outdoor seatinq; 671 672 C Outdoor displa rLareas in accordance with subsection (c); 673 674 D Siqns as allowed by Section 2210; 675 676 E Trash receptacles water features bicvcle racks and 677 bollards; 678 679 F. Pedestrian liqhtinq; 680 681 G Minor structures accessory to utilitv facilities such as 682 hydrants manholes transformers utility boxes, meters and 683 fire suppression equipment; 684 685 H Handicapped ramps to the extent necessarv to perform their 686 proper function; 687 ggg t Buildinq eaves roof overhanqs and liqht shelves provided 689 there is at least eiqht (8) feet in clearance above the 690 sidewalk; 16 691 692 J. Cornices belt courses sills buttresses or other similar 693 architectural features provided there is at least eiqht (8) feet 694 in clearance above the sidewalk; 695 696 K Bay windows oriels vestibules that are less than ten (10) 697 feet wide mav extend up to four feet provided that such 698 extension is at least two (2) feet from the vertical plane of the 699 lot line; 700 701 L Chimneys or flues which mav extend up to two (2) feet, 702 rovided that such extension is at least two feet from the 703 vertical plane of the lot line; 704 705 M Outdoor amenity space components plant material 706 landscapinq sidewalks trees tree wells and planters; 707 708 N Sculptures and other public art in accordance with the 709 provisions of Section 2207 710 711 O Permitted access drivesi 712 713 P Walls or fences not more than four (4) feet in heiqht; 714 provided however, that walls or fences providinq reauired 715 screeninq or used to screen mechanical or similar equipment 716 shall not exceed eiqht (8) feet in heiqht; 717 718 Q Subqrade foundations; 719 720 R Loadinq docks and necessary mechanical equipment; and 721 722 S Conditional uses allowed by Section 2203 if specified in the 723 conditional use permit. 724 725 (?) Encroachments into or over public sidewalks or other 726 public riqhts-of-way shall be permitted in accordance 727 with Article VI of Chapter 33 of the City Code, except 728 as otherwise provided in this Article. 729 730 17 731 COMMENT 732 733 The section contains the applicable development standards regarding lots and buildings in 734 the llistrict. The standards are intended to result in the type of urban-style, pedestrian-oriented 735 development contemplated by the Pembroke Strategic Growth Area Plan. 736 737 738 Sec. 2205. Alternative Compliance. 739 740 (a) This section sets forth the procedures and standards for Alternative 741 Compliance under which the City Council may qrant special exceptions to allow the 742 development of new uses or structures that do not conform to the uses or forms of 743 development includinq siqns otherwise permitted under this Article. 744 745 (b) Applications for special exceptions seekinq Alternative Compliance shall 746 be filed with the Planninq Director. There shall be a fee in the amount set forth in 747 Section 107.1. The Planninq Director shall review applications in liqht of the applicable 748 standards set forth in this section and may solicit the comments of the Central Business 749 District Association Desiqn Review Committee thereof in connection with such review. 750 Upon completion of such review, the Planninq Director shall report his findinas and 751 recommendations concerninq the application in writinq to the Planninq Commission. 752 Applications shall be the sublect of public hearinqs before the Planninq Commission 753 and the City Council in accordance with the procedures prescribed in Section 221_ 754 755 (c) Alternative Compliance Applications shall be evaluated for consistency 756 with the followinq standards and the Citv Council in decidinq whether to allow 757 Alternative Compliance shall consider the extent to which the proposed development: 758 759 (1) Advances the stated qoals and obiectives of the Pembroke 760 Strategic Growth Area Plan and the applicable policies of the 761 Comprehensive Plan; 762 763 (2) Is consistent with or demonstrablv superior in desiqn and qualitv 764 to the applicable provisions of the Central Business Core District 765 Desiqn Guidelines. 766 767 The City Council shall also consider the potential impacts of the proposed deviation on 768 surroundinq properties and other properties in the remainder of the Central Business 769 Core District and the extent to which any adverse impacts from such deviation can be 770 mitiqated. 771 18 772 (d) The City Council may attach reasonable conditions of approval to an 773 application seekinq Alternative Compliance Such conditions shall be limited to those 774 intended to mitiqate any adverse visual functional or other impacts of the deviation from 775 the provisions of this Article or to promote compliance with the qoals and obiectives of 776 the Pembroke SGA Plan and this Article. 777 77$ (e) Nothinq in this section shall be construed to impair the riqht of any proper 779 party to apply to the Board of Zoninq Appeals for a variance from anv of the 780 development standards set forth in this Article. 781 782 COMMENT 783 784 The section establishes a procedure ("Alternative Compliance") by which a proposed 785 development may deviate in one or more respects from the provisions of this Article. The section 786 also sets forth the applicable standards to be applied in determining whether an application for 787 Alternative Compliance is to be allowed. 788 789 Subsection (e) makes it clear that the Alternative Compliance procedure is not a 790 replacement for the variance process, as it expressly preserves the right of a proper party to apply 791 to the Board of Zoning Appeals for a variance. 792 793 794 Sec. 2206. Optional forms of development. 795 796 (a) Optional Forms of Development are desiqn alternatives that mav be used 797 in place of the specific requirements prescribed bv this Article if the applicable 798 conditions set forth in this section are met Generally, such conditions include: (1) 799 usaqe of a form of development or amenitv that is different from the specific 800 development standard prescribed bv this Article where the different form or amenity 801 serves the same or a closely-related purpose or purposes as the prescribed 802 development standard: and (2) substantial conformity to applicable provisions of the 803 Central Business Core District Desiqn Guidelines. 804 805 (b) The requirements of this Article may be satisfied b rLcompliance with either 806 the prescribed development standard set forth in Section 2204 or the provisions of this 807 section as applicable The provisions of this section are intended to encouraqe 808 creativity by providinq a flexible development option that will achieve the qoals and 809 obiectives of this Article equally well as compliance with the specific development 810 standards set forth in Section 2204. 811 812 (c) Optional Forms of Development and Alternative Compliance shall not be 813 deemed to be mutually exclusive and approval as an Optional Form of Development 814 shall not preclude any application for a special exception under the Alternative 19 815 Compliance provisions of this Code? provided however, that if any condition of approval 816 pursuant to a special exception for Alternative Compliance conflicts with an approved 817 Optional Form of Development the condition contained in the special exception shall 818 control. 819 820 (d) The followinq provisions set forth the purposes of the development 821 standards prescribed in Section 2204 and the optional means of fulfillinq those 822 purposes throuqh the use of alternative desiqn and building features: 823 824 (1) Front and side street setbacks. 825 826 Purpose: To provide additional space for improvements that 827 contribute to the public realm such as wider sidewalks, outdoor 828 amenitv areas and plant material and landscapinq. 829 830 Optional form of development: Provide features that contribute to 831 the public realm such as public art courtyards surrounded by 832 buildinqs built to the property line balconies arcades, qalleries, 833 porte cocheres or other suitable building elements. The building 834 facade and any other portion of the building encroachinq into the 835 setback shall substantially conform to the applicable Central 836 Business Core District Desiqn Guidelines. 837 838 (2) Build-to Zone 839 840 Purpose: To activate the street frontaqe and establish a street wall 841 by locatinq building faQades close to the street thereby providinq a 842 walkable pedestrian-oriented streetscape. 843 844 Optional form of development: 845 846 (i) Provide outdoor amenity space located adiacent to the street 847 and encompassing substantially the entire area between the 848 street and the building faQade along at least seventv per cent 849 (70%) of the street frontaqe of the lot or leased area. 850 851 (ii) Outdoor amenitY space mav consist of an outdoor cafe, 852 swimming pool courtyard fountain park, plaza, qarden or 853 similar area or a combination thereof. No vehicular parkinq 854 shall be allowed anywhere within outdoor amenity space or 855 between the outdoor amenity space and the building facade. 20 856 857 (iii) The buildinq faQade shall substantiallv conform to the 858 applicable Central Business Core District Desiqn Guidelines. 859 860 (iv) The buildinq facade shall be located no qreater than thirty 861 (30) feet from the lot line faced bv such buildinq faQade 862 unless allowed pursuant to a special exception for 863 Alternative Compliance. 864 865 (v) Where a drivewav prevents the use of outdoor amenity 866 space in a location specified by this section such outdoor 867 amenitv space may be placed elsewhere on the lot in such ggg location as will sufficiently activate the street frontaqe to the ggg extent contemplated by this section. 870 871 (3) Parking Setbacks 872 873 Purpose: To avoid "dead" space alonq the street frontaqe that 874 does not contribute to an active street presence. 875 876 Optional form of development: Enliven the street frontaqe and 877 screen the parkinq area by the creative use of public art, plant 878 material and landscapinq water features or other pedestrian 879 amenities that provide visual interest For structured parkinq, ggp maintain continuitv of the sidewalk by minimizinq the number and 881 width of curb cuts for driveways Where allevs do not exist, 882 concentrate curb cuts at side streets or mid-block. The optional 883 form of development shall substantially conform to applicable 884 Central Business Core District Desiqn Guidelines. 885 ggg (4) Heiqht 887 Purpose: To provide an orqanized form throuqhout the Central ggg Business Core District; provide qradual transitions in buildinq heiqht ggg in areas in which such transitions are contemplated bv the ggp Pembroke SGA Plan. 891 892 Optional form of development: An increase in heiqht not exceedinq 893 that permitted bv Section 202(b) or reduction in the minimum heiqht 894 to no less then twentv-two (22) feet is permitted for any buildinq 21 895 that substantially conforms to Chapter 3(Buildinqs) of the Central ggg Business Core District Desiqn Guidelines. 897 898 (5) Transparency/Blank Wall 899 900 Purpose: To contribute to an interestinq and safe pedestrian 901 environment. 902 903 Optional form of development: provide outdoor amenity space, 904 such as a courtyard outdoor cafe or water feature, adiacent to the 905 street or, for upper stories balconies and qalleries. Enhance 906 materials and architectural detail on buildinq facades in substantial 907 conformity with applicable Central Business Core District Desiqn gpg Guidelines Outdoor amenity space shall be in reasonable gpg proqortion to the deqree of difference between the prescribed 910 transparencv requirements and the actual transparency provided. 911 912 COMMENT 913 The section sets forth the development standards that may be altered by utilizing one or 914 more Optional Forms of Development (OFD), and states the requirements for each OFD. 915 916 917 Sec 2207 Special rules for public art as an Optional Form of Development. 918 919 (a) Definition Public artas used in this Article means works of art in any 920 media whether located on public or private property, that are visible to members of the 921 cleneral public or that have been planned and executed with the specific intention of 922 beinq sited or staqed on or within publicly-owned propertv. 923 924 (b) Purpose Public art is an investment in the cultural vitalitv and economic 925 development of a community. Sculptures murals and other forms of public art can 926 become place-makers landmarks and foster culturally dvnamic economicallv vibrant 927 communities by creating memorable urban places where people desire to live, work, 928 play and learn For those reasons the provision of public art in lieu of conformity with 929 one or more of the required forms of development prescribed in this Article accords with 930 the City Council's vision of the Town Center area as a future Arts and Cultural District 931 the recommendations of the Pembroke SGA Plan and advances the ultimate qoals of 932 the Comprehensive Plan. 933 22 934 (c) Applicabilifv Public art may be utilized as an Optional Form of 935 Development in place of conformity with one or more of the followinq provisions 936 reqardinq a prescribed development standard set forth in Section 2204: 937 938 (1) Build-to zone; 939 940 (2) Front or side street setbacks; 941 942 (3) Transparency; 943 944 (4) Blank wall; or 945 946 (5) Outdoor amenity space. 947 948 (d) Location Subiect to the provisions of subsection (fl public art shall be 949 located: 950 951 (1) Outdoors so as to be readily visible and accessible to pedestrians, 952 and no further than fifty (50) feet from the nearest point on a public 953 sidewalk except under exceptional circumstances as approved by 954 the Public Art Committee; 955 956 (2) Away from siqnaqe transit stop structures or benches, utilitv boxes, 957 utility poles mailboxes bicvcle racks or other items, either on or off 958 the property, that may impair the public's view or diminish the 959 aesthetic value of the artwork; 960 961 (3) In such manner as not to interfere with or impede the flow of 962 pedestrian traffic on a public sidewalk; and 963 964 (4) On the same zoning lot as the development for which the artwork 965 serves as an Optional Form of Development and, to the extent 966 possible consistent with the foregoing criteria in such location as to 967 maximize the deqree to which the work of art offsets 968 noncompliance with the prescribed development standard. 969 970 (e) Public art provided as an Optional Form of Development shall serve as a 971 direct replacement for each prescribed development standard or standards from which 972 the subiect development deviates and if located on the same zoninq lot as the subiect 973 development shall serve the same purpose or purposes as the prescribed development 974 standard. 23 975 976 (f) Public art located on publicly-owned property. Public art mav be lacated 977 on publicly owned property within the Pembroke Strateqic Growth Area includinq, 978 without limitation public streets and sidewalks Town Center qatewavs street corners, 979 the Fountain Plaza the Sandler Center Plaza public parkinq qaraqes and future transit 980 stations with the approval of the City Council, provided that: 981 982 (1) There is no feasible location on the subiect property from which the 983 work of art can be plainly and wholly seen by the public; 984 985 (2) The present or any planned land use of the subiect property is such ggg that placement of a work of art in any media on the property would 987 be destructive to the work of art due to the activities related to the ggg land use; 989 990 (3) The property is already fully developed in such a way that there is 991 no location on the site for a work of art and the work of art is 992 approved as an Optional Form for renovation of the buildinq 993 necessitatinq use of a blank wall or reduction in transparency; or 994 995 (4) The location of the work of art cannot physically meet the criteria ggg specified in subsection (d)(1); 997 998 (q) Approval by Public Art Committee Public art and any alteration or 999 removal thereof, must be approved bv the Public Art Committee of the Virainia Beach 1000 Arts and Humanities Commission. 1001 1002 (h) Ownership maintenance contractual provisions. Except in cases in 1003 which public art is dedicated to the Citv the ownership of public art works shall be 1004 bound in perpetuity by written covenant approved bv the Citv AttorneY, to the property 1005 for which they serve as an Optional Form of Development and unless otherwise 1006 approved by the Citv shall be maintained by the owner of the propertv for which it 1007 serves as an Optional Form of Development Where a work of art is to be dedicated to 1008 the City, there shall be a written aqreement between the Citv the owner of the work of 1009 art and if applicable the artist which aqreement shall include at a minimum, terms 1010 reqardinq the ownership maintenance insurance and intellectual property riqhts 1011 pertaininq to the work of art Such aqreement shall be subiect to the approval of the 1012 City Council. 1013 1014 (i) Signape No letterinq svmbols or siqnaqe shall be permitted upon 1015 public art works except as intended by the artist as an inteqral part of the work. 24 1016 Paintinqs or murals may be siqned by the artist and the name of the work displaved. 1017 For sculptures the artist shall desiqnate the plaque location which shall be permanently 1018 installed usinq theft resistant techniques in a qround location near the sculpture or on 1019 the base and list only the sculpture's title the artist's name the date of installation and 1020 the name of the donor, if applicable. 1021 1022 (i) Plantinp/landscapinq Sculptures and their bases shall be well inteqrated 1023 with the surroundinq softscape and hardscape Lonq-term maintenance should be 1024 considered when selectinq plant material Native and drouqht-resistant plants are 1025 encouraqed. 1026 1027 (k) Unacceptable art Decorative or ornamental qieces that are not 1028 conceptualized desiqned and fabricated by a qualified artist, such as "off-the-shelf" 1029 decorative items such as qarden sculpture: historical markers or bells; bell towers; 1030 obelisks; architectural ornamentation or enhancements; art as advertisements or 1031 commercial siqnaqe mixed with imaqery; and busts or statuary memorials, or mass 1032 produced reproductions or replicas of oriqinal works of art shall not be accepted as an 1033 Optional Form of Development. 1034 1035 (I) Artists' pualifications Artists creatinq public artor supervisinq students 1036 creatinq public art shall be selected by the property owner or developer, subject to 1037 approval by the Public Art Committee, and shall have the followinq qualifications: 1038 1039 (1) Artists shall be recognized bv critics and peers as a professional 1040 practitioner of the visual arts To assess the qualifications of an 1041 artist the Committee will consider factors such as the artist's bodv 1042 of work educational backqround formal traininq past and current 1043 larqe scale outdoor public art commissions sales of work, 1044 exhibition records publications and any other factors the 1045 Committee reasonably deems relevant; 1046 1047 (2) Artists shall also have experience in successfullv collaboratinq with 1048 design teams architects art consultants developers, enqineers, 1049 fabricators and landscape architects; meetinq scheduled 1050 deadlines; neqotiatinq and contractinq their work responsiblv; and 1051 conceptualizinq desiqninq fabricatinq and installinq larqe-scale 1052 outdoor sculpture similar in scope to the proposed sculpture; and 1053 1054 (3) Artists shall have the experience and expertise to create site 1055 specific public art after consideration of contextual issues related to 25 1056 the development site includinq architectural stvle the future use 1057 and users of the devefopment prolect and community input. 1058 1059 (m) Applications Applications and supportinq materials shall be submitted to 1060 the Director of the Office of Cultural Affairs who shall provide the Arts and Humanities 1061 Commission members with copies thereof. The form of such application and 1062 requirements for supportinq materials shall be determined bv the Director. 1063 1064 (n) Conflictinq provisions The procedures set forth in this section shall 1065 exclusivelv qovern the selection placement and other provisions pertaininq to public art 1066 as an Optional Form of Development such that in the event of a conflict with anv other 1067 ordinance directive or other provision concerninq public art as an Optional Form of 1068 Development the provisions of this section shall control. 1069 1070 COMMENT 1071 The section allows public art to be used as an Optional Form of Development (OFD) as an 1072 alternative to conformity with certain of the Development Standards listed in Section 2204. Public 1073 art not used as an OFD is not covered by the provisions of the section; only where public art is used 1074 as an OFll in place of conformity with a required development standard, such as setback, build-to, 1075 transparency, blank wall or outdoor amenity space requirements, is the section applicable. 1076 1077 The section includes, among other things: 1078 1079 • Restrictions on the location of artworks; 1080 1081 • Provisions for review and approval by the Public Art Committee of the Arts and 1082 Humanities Commission, and if located on publicly-owned property, by the City 1083 Council; 1084 1085 • Artist qualification criteria; 1086 1087 • Planting/landscaping and maintenance requirements; 1088 1089 • Commercialization prohibitions; and 1090 1091 • Originality and related requirements. 1092 1093 1094 Sec 2208 Nonconforminq buildinqs and structures, 1095 1096 (a) Notwithstandinq the provisions of Section 105(d) additions to or 1097 substantial alterations of any building or other structure rendered nonconforminq bv the 1098 adoption of this Article shall be allowed if: 1099 26 1100 (1) Not more than fifty percent (50%) of the oriqinal buildinq or 1101 structure is demolished in order to accomplish the addition or 1102 substantial alteration; 1103 1104 (2) The exterior footprint of the buildinq or structure includinq the floor 1105 plate of upper stories is not increased by more than fifteen percent 1106 15% ' 1107 1108 (3) The heiqht of such buildinq or structure is not increased by more 1109 than fifteen percent (15%) in any district in which there is a 1110 maximum heiqht limitation; provided that no structure shall be 1111 hiqher than otherwise allowed by Section 202; 1112 1113 (4) The use or uses of the buildinq or structure conform to the 1114 provisions of this Article or are allowed by special exception for 1115 Alternative Compliance pursuant to Section 2205; 1116 1117 (5) The buildinq or structure as added to or substantially altered, will 1118 be compatible with surroundinq properties and neiqhborhoods; and 1119 1120 (6) The portions of the buildinq or structure that are added or 1121 substantially altered substantially conform to the Central Business 1122 Core District Desiqn Guidelines as determined by the Planninq 1123 Director after review and recommendation by the Central Business 1124 District Desiqn Review Committee. 1125 1126 (b) Except as provided in subsection (c) additions to or substantial alterations 1127 of nonconforminq buildinqs and other structures not allowed pursuant to subsection a 1128 shall require a special exception for Alternative Compliance in accordance with the 1129 provisions of Section 2207. 1130 1131 (c) Anv nonconforminq buildinq or structure that is involuntarily damaaed or 1132 destroyed mav be reconstructed or restored to its prior condition and location within two 1133 (2) vears of its beinq damacied or destroyedo provided that anv enlaraement or 1134 substantial alteration of such buildinq shall be subiect to the provisions of this section. 1135 1136 COMMENT 1137 1138 The section contains rules governing additions or substantial alterations to nonconforming 1139 buildings and other structures. The rules provide an exception to the provisions of City Zoning 1140 Ordinance Section 105, which requires approval of all voluntary enlargements, substantial 1141 alterations or reconstructions, by allowing a limited number of such actions as a matter of right, so 27 1142 long as certain criteria are met. As required by state law, nonconforming buildings and structures 1143 thaY are involuntarily damaged or destroyed may be rebuilt to their prior condition without City 1 144 Council approval. 1145 1146 1147 C. SIGN REGULATIONS 1148 1149 Sec 2209 Intent; findinqs, establishment of special sign district. 1150 1151 (a) Intent The intent of the sign requlations set forth in this section is to: 1152 1153 (1) Encouraqe siqnaqe that enhances the overall aesthetics of the 1154 Central Business Core District; 1155 1156 (2) Ensure that the public benefits derived from past and future 1157 expenditures of public funds for the infrastructure improvements 1158 and beautification of the streets and public spaces are protected by 1159 preventinq visual clutter caused by excessive or poorly placed 1160 si na e; 1161 1162 (3) Encouraqe siqnaqe that is reflective of the aesthetics and character 1163 of its location and compatible with and inteqrated into, the 1164 buildinq's architectural desiqn and with other siqns on the property; 1165 1166 (4) Provide incentives for hiqh-quality siqnaqe by increasinq siqnaqe 1167 allowances for siqns that conform to the Central Business Core 1168 District Desiqn Guidelines; and 1169 1170 (5) Encouraqe creativitv by providinq flexibilitv to utilize siqnaqe not 1171 only as a means of identifyincla business establishment but as a 1172 decorative feature to enhance the appearance of a buildinq as well. 1173 1174 (b) Findinqs The City Council finds that: 1175 1176 (1) Siqns have a stronq visual impact on the character and qualitv of a 1177 community. Thev are an inteqral part of the citvscape and, as such, 1178 can enhance or detract from the City's imaqe and character. As a 1179 prominent part of the cityscape they can attract or repel the viewer 1180 and affect the safetv of vehicular traffic and their suitability helps to 1181 define the way in which a community is perceived. Because the 1182 City of Virqinia Beach relies on the attractiveness of the Town 1183 Center area to attract tourists and commerce, aesthetic 28 1184 considerations are directly related to economic value. Apart from 1185 economic considerations however, there are intangible benefits for 1186 a community in which siqnaqe is orderlv and attractive; 1187 1188 (2) The City's current sign requlations address characteristics such as 1189 the size and number of siqns but qenerally do not address other 1190 characteristics such as desiqn that are equally important in 1191 promotinq an attractive urban downtown area. 1192 1193 (3) Desiqn standards for siqnaqe are used in manv other localities that 1194 are known for their attractiveness and appeal to residents and 1195 visitors alike and have been well-accepted bv both businesses and 1196 the qeneral public as a means of enhancinq the overall appearance 1197 and prosperity of the community; and 1198 1199 (4) Providinq incentives for businesses to display siqnaqe that 1200 conforms to voluntary desiqn guidelines is an appropriate means of 1201 encouraginq those businesses to use well-desiqned, hiqhly 1202 attractive siqns that harmonize with the buildinqs on which they are 1203 displayed the surroundinq neiqhborhood and other siqnaqe in the 1204 area. 1205 1206 (c) Establishment of special sign district The Central Business Core District 1207 is hereby declared a special sign district in which the provisions of this section applv. 1208 1209 COMMENT 1210 1211 The section sets forth the intent and findings underlying the sign regulations in this Article 1212 and declares the Central Business Core District a special sign district. 1213 1214 Sec 2210 Requlations applicable to all siqnaqe. 1215 1216 The followinq requlations shall apply to all signaqe within the Central Business 1217 Core District All siqnaqe shall complv with the provisions of Article 2 Part B of the City 1218 Zoninq Ordinance except as otherwise expressly provided in this section. Definitions of 1219 sign types shall be as set forth in Section 210.2. In the event of a conflict between the 1220 provisions of this section and anY other provision of the Citv Zoninq Ordinance, the 1221 provisions of this section shall apply. 1222 1223 (a) Permitted siqn types The followinq sign types shall be permitted within 1224 the Central Business Core District: 29 1225 1226 (1) Awninq siqns shall be limited to one (1) siqn per awninq and shall 1227 not exceed a maximum of two (2) square feet in area. Awninq 1228 siqns conforminq to the Central Business District Desiqn Guidelines 1229 shall not be included in determininq the allowable siqnaqe of anv 1230 establishment pursuant to subsection (b). 1231 1232 (2) Banner siqns other than those allowed in connection with maior 1233 entertainment venues shall be affixed only to a vertical facade of 1234 the buildinq and not on or extendinq above the roof. No banner 1235 siqn shall exceed eiqht (8) square feet in area or be hiqher than 1236 fifteen (15) feet above street level directly below such siqn. The 1237 lonqer dimension of the siqn shall be no less than two times the 1238 shorter dimension One (1) such siqn shall be allowed for every 1239 twenty-five (25) linear feet of frontaqe of the buildinq to which they 1240 are affixed. 1241 1242 (3) Buildinq identification sipns shall be mounted at least three-fourths 1243 (3/4) of the distance from qround level to the top of the buildinq, but 1244 no hiqher than the roofline Commercial buildinqs shall have a 1245 maximum of two (2) buildinq identification siqns which shall not 1246 exceed the area set forth below. Additionallv two (2) buildinq 1247 identification siqns not exceedinq twenty (20) square feet each, 1248 may be allowed at street level. 1249 1250 Bldq Heiqht (in feet) Maximum area per siqn (in square feet) 1251 1252 Less than 75 75 1253 75-99 100 1254 100-149 125 1255 150-199 175 1256 200-249 225 1257 250-299 275 1258 300 or more 300 1259 1260 1261 (4) Changeable copv siqns shall onlv be allowed for purposes of 1262 displavinq information reqardinq movie theater, music, or other 1263 similar perFormances or events where the chanqeable copv portion 1264 of such siqns is not qreater than 40% of the total area of the siqn or 1265 20% of the total siqn area allowance of an establishment, 30 1266 whichever is less. Skewed or missing letterinq shall be promptly 1267 replaced. 1268 1269 (5) Electronic display siqns rope liqhtinq low-voltaqe strip liqhtinq or 1270 strinqs of liqhts shall be allowed only for maior entertainment 1271 venues and shall require the approval of the City Council. 1272 1273 (6) Freestandinq siqns shall be monument-style only and shall be 1274 allowed only by special exception for Alternative Compliance and 1275 only if the City Council determines that such siqns conform to the 1276 applicable Central Business Core District Desiqn Guidelines. 1277 1278 (7) Hanqinp siqns shall have a maximum of two (2) faces, which shall 1279 be parallel to each other, and shall not exceed six (6) square feet 1280 per face in siqn area In addition no business establishment shall 1281 have more than one (1) hanqinq siqn and no business 1282 establishment havinq a hanqinq siqn shall also have a projectinq 1283 siqn No hanqinq siqn shall be internally illuminated or horizontally 1284 project over anv public sidewalk by more than three (3) feet. 1285 Hanqinq siqns shall maintain a minimum clearance of eiqht (8) feet 1286 above ground level Anv hanqinq siqn that proiects over a public 1287 sidewalk shall conform to all applicable Central Business Core 1288 District Desiqn Guidelines. 1289 1290 (8) Information board siqns shall be placed within a weather-resistant 1291 closed displav cabinet no qreater than eiqht (8) square feet in area, 1292 permanently mounted to the building wall. The maximum heiqht of 1293 the letterinq on such siqns shall not exceed one (1) inch, except for 1294 letterinq comprisinq the name of the establishment. Information 1295 board siqns conforming to the Central Business Core District 1296 Design Guidelines shall not be included in determininq the 1297 allowable siqnaqe of anv establishment pursuant to subsection (b). 1298 1299 (9) Maior entertainment venue sipns shall be permitted in accordance 1300 with the provisions of Section 218. 1301 1302 (10) Marpuee siqns shall be allowed only on buildinqs occupied bv 1303 theaters cinemas performinq arts facilities or similar venues, and 1304 shall have a maximum area of one (1) square foot for each five (5) 1305 linear feet of building faQade to which it is attached. The top of 1306 the siqn shall be at a heiqht no qreater than eiqhteen (18) feet 31 1307 above the qround immediately adiacent to the siqn and there shall 1308 be a minimum clearance of nine (9) feet above qround level. In 1309 addition such siqns may contain one (1) chanqeable copy siqn 1310 displayinq information reqardinq movie theater, music, or other 1311 similar performances or events not to be included in the 1312 establishment's total siqn allowance so lonq as such siqn does not 1313 contain any other commercial content. Marquee siqns may 1314 encroach above a public sidewalk by a maximum horizontal 1315 distance of ten (10) feet if such marquee conforms to the Central 1316 Business Core District Desiqn Guidelines. 1317 1318 (11) Public or private parkinq structures and parkinq qaraqes may have 1319 one (1) siqn per vehicle entrance and two (2) additional siqns, all of 1320 which may be project from the buildinq to which they are affixed by 1321 a maximum of four (4) feet Such siqns shall maintain a minimum 1322 clearance of nine (9) feet above qround level. Such siqns shall be 1323 no larger than seventy-five (75) square feet in area contain only 1324 information identifyinq the buildinq on which thev are located as a 1325 parkinq structure or qaraqe and be internally illuminated. 1326 1327 (12) Prolectinq siqns shall have a maximum of two (2) faces, which shall 1328 be parallel to each other, and shall not exceed six (6) square feet 1329 per face in siqn area No prolectinq siqn shall be internally 1330 illuminated or, except for parkinq qaraqe signs proiect more than 1331 three (3) feet from the wall to which it is affixed. Such siqns shall 1332 maintain a minimum clearance of nine (9) feet above qround level. 1333 No business establishment shall have more than one (1) proiectinq 1334 sign and no business establishment havinq a proiectinq siqn shall 1335 also have a hanqinq siqn Any prolectinq siqn that proiects over a 1336 public sidewalk shall conform to all applicable Central Business 1337 Core District Desiqn Guidelines. 1338 1339 (13) Sandwich board siqns shall be made primarilv of wood, wood 1340 composite or metal and have a professional finish. Incorporated 1341 inserts must contain a fixed messaqe or be made out of 1342 chalkboard dry eraser board or similar material. Such siqns shall 1343 be placed no farther than three (3) feet from the fagade of the 1344 buildinq in which the business that is the sublect of the siqn is 1345 located and a travel width of at least eiqht (8) feet shall be 1346 maintained on public sidewalks Such siqns shall not be artificially 1347 illuminated or left out overniqht Only one sandwich board siqn not 32 1348 to exceed six square feet per side shall be permitted per business. 1349 No merchandise or other material shall be placed on or hanq from 1350 any such siqn Such siqns may be carried by a person on a public 1351 sidewalk so lonq as such siqn does not obstruct or impede 1352 pedestrian passaqe Sandwich board siqns conformina to the 1353 Central Business District Desiqn Guidelines shall not be included in 1354 determininq the allowable siqnaqe of any establishment pursuant to 1355 subsection (b). 1356 1357 (14) Sipns advertisinq property for sale lease or rent shall be permitted; 1358 provided however that no such siqn shall exceed four (4) square 1359 feet in surface area Not more than two (2) such siqns shall be 1360 permitted for any propertv havinq more than one hundred (100) 1361 feet of lot line at the street riqht-of-way, and any property havinq 1362 less than one hundred (100) feet of such lot line shall have no more 1363 than one siqn not exceedinq sixteen (16) feet of surface area. 1364 1365 (15) Table umbrella siqns shall be limited to no more than two (2) siqns 1366 on each umbrella and no more than two (2) square feet per siqn. 1367 Table umbrella siqns conforminq to the Central Business Core 1368 District Desiqn Guidelines shall not be included in determininq the 1369 allowable siqnaqe of any establishment pursuant to subsection (b). 1370 1371 (16) Wall siqns shall not extend above the buildinq wall to which thev 1372 are affixed and no wall siqn shall extend more than twelve (12) 1373 inches from the wall to which they are affixed. 1374 1375 (17) Window siqns shall not consist of or contain oscillatinq liqhts, rope 1376 liqhtinq low-voltaqe strip liqhtinq electronic displav siqns, 1377 televisions computer monitors or backlit or internallv illuminated 1378 displavs or qraphics; provided however, that holiday liqhts framinq 1379 or placed inside windows shall be allowed for a period of thirtv (30 1380 davs prior to and ten (10) davs after a holiday for which the displav 1381 of such liqhts is traditional One (1) non-oscillatinq neon or similar 1382 ty e of siqn no larqer than four (4) square feet in area shall be 1383 permitted in one (1) window of each facade visible from a public 1384 street or sidewalk. 1385 1386 (b) Siqnaqe allowances The requlations set forth in this subsection prescribe 1387 the number of siq ns total siqn area allowance and other characteristics of siqnaqe 1388 within the District Unless otherwise provided the allowances apply to each separate 33 1389 business establishment. In the event of a conflict between anv of the followinq 1390 provisions and the provisions of subsection (a) the provisions of this section control 1391 unless stated otherwise. 1392 1393 (1) Mixed-use buildinqs Commercial business establishments located 1394 within mixed-use buildinqs and havinq direct inqress or eqress from 1395 a public street may have a maximum of one (1) square foot of 1396 siqnaqe per linear foot of each building wall facinq a public street 1397 and occupied bv such e$tablishment and a maximum of four (4) 1398 siqns No such siqn shall exceed sixtv (60) square feet in area and 1399 no sinqle use shall have more than two (2) siqns on any building 1400 facade. 1401 1402 In addition one (1) siqn identifyinq the entrance to upper-floor 1403 residential dwellinq units and not exceedinq eiqht (8) square feet 1404 shall be permitted at street level at each principal entrance. 1405 1406 (2) Other buildinqs In addition to building identification siqns allowed 1407 by Section (a)(3) commercial business establishments located 1408 within buildinqs other than mixed-use buildinqs and havinq direct 1409 ingress or eqress from a public street or sidewalk mav have a 1410 maximum of one (1) square foot of siqnaqe per linear foot of each 1411 building wall occupied by such establishment and facinq a public 1412 street Such establishment may have a maximum of one (1) siqn 1413 for each building faGade facinq a public street. 1414 1415 Additionally, where a commercial building is located on a zoninq lot 1416 with a parkinq structure that is used to satisfy, in whole or in part, 1417 the vehicular parkinq requirements of the commercial buildinq, such 1418 commercial buildincmay have one (1) wall siqn with a maximum 1419 area equal to one (1) square foot of siqnaqe per linear foot of the 1420 building wall on which the siqn is located for each building fagade 1421 facing a public street and one (1) wall siqn located on the parkinq 1422 structure servinq the commercial building with a maximum area no 1423 qreater than one (1) square foot of siqnaqe per linear foot of the 1424 building wall of the parkinq structure on which the siqn is located. 1425 1426 Multiple-family dwellinqs mav have a total of one (1) square foot of 1427 siqnage per linear foot and a maximum of two (2) siqns for each 1428 building fagade facinq a public street. 1429 34 1430 1431 1432 1433 1434 1435 1436 1437 1438 1439 1440 1441 1442 1443 1444 1445 1446 1447 1448 1449 1450 1451 1452 1453 1454 1455 1456 1457 1458 1459 1460 1461 1462 1463 1464 1465 1466 1467 1468 1469 (c) Central Business Core District Desiqn Guidelines; Bonus Siqnaqe. 1 Siqnaqe conforminq to the Central Business Core District Desiqn Guidelines ("Desiqn Guidelines") shall be sublect to the followinq provisions: 2 Where all siqnaqe displayed bv an establishment conforms to the Desiqn Guidelines the maximum sign area of each individual sign and the total sign area allowance of the establishment if anv, is increased bv twenty-five per cent (25%) of the area otherwise allowed by this section Any establishment that is entitled to three or more siqns may also have one additional "bonus" sian of an allowed sign type other than a proiecting siqn which sign shall conform to the Desiqn Guidelines and all applicable provisions of this section- provided however, that the total siqn area of all siqnaqe shall not be further increased by reason of the "bonus" siqn. 3 All siqns that are allowed to encroach into or over a public street or sidewalk shall conform to the Desiqn Guidelines, unless otherwise authorized by resolution of the Citv Council pursuant to Citv Code Section 33.1-114. 4 The Planninq Director shall determine whether or not siqnaqe conforms to the Desiqn Guidelines and mav in makinq such determination seek the advice of the Central Business District Association Desiqn Review Committee or a desianated subcommittee thereof. COMMENT The section sets forth the sign regulations applicable to the Central Business Core District. They are based upon the sign regulations currently in effect in the B-3A Pembroke Central Business Core District, but also incorporate newer features contained in the sign regulations of the Oceanfront Resort llistrict Form-Based Code (ORDFBC), such as allowing signage generally found in urban locations, such as projecting signs, sandwich board signs, banners and marquee signs. As in the ORDFBC, bonus signage is allowed if all of an establishment's signage conforms to the applicable Design Guidelines, which are set forth in Section 2211 below. 35 1470 D. DESIGN GUIDELINES. 1471 1472 Sec 2211 Central Business Core District Desiqn Guidetines. 1473 1474 The Central Business Core District Desiqn Guidelines (January 2014) appended 1475 hereto are hereby incorporated bv reference into this Article. Such Guidelines shall 1476 supersede Section V(Architectural Guidelines) and Sections VII throuqh X(Siqnaqe 1477 Guidelines/Desiqn Review Process) of the Central Business District Urban Guidelines 1478 (February 4 2004) and the Special Area Desiqn Guidelines Urban Areas, set forth in 1479 the Reference Handbook of the Comprehensive Plan. 1480 1481 COMMENT 1482 1483 The Central Business Core District Design Guidelines set forth generally voluntary design 1484 guidelines. They are appended to this ordinance. These Guidelines supersede the current guidelines 1485 referenced in the section. 1486 1487 E. VEHICULAR PARKING REGULATIONS. 1488 1489 Sec. 2213 Off-street parkinq. 1490 1491 (a) For purposes of this section the term "parkinq requirements" shall mean 1492 the number of off street vehicular parking spaces required bv this section. 1493 1494 (b) Parkinq requirements shall be determined in accordance with a parkinq 1495 analysis prepared bv a licensed professional enqineer or other qualified professional. 1496 Such analysis shall contain at a minimum the current parking utilization, parking 1497 demands based upon current land uses a determination of a surplus or shortaqe of 1498 parkinq and the impact of the proposed development on parking and traffic conditions. 1499 The Planninq Director shall determine the adequacy of the analvsis. 1500 1501 (c) Notwithstandinq anythinq in this ordinance to the contrary, reauired off- 1502 street parking for any use located within the District may be made available for use bv 1503 the qeneral public as well as by the customers or patrons of such use. 1504 1505 (d) Parking requirements for uses within the District may be satisfied bv anv 1506 one or a combination of, the followinq: 1507 1508 (1) On-site parkinq; 1509 36 1510 1511 1512 1513 1514 1515 1516 1517 1518 1519 1520 1521 1522 1523 1524 1525 1526 (2) Off site parkinq facilities as set forth in Section 901 of this ordinance; or (3) Public parkinq if the Planninq Director determines (i) that there is at least a sufficient number of public parkinq spaces located within the District to meet public parkinq demands; and (ii) that the use of such public parkinq spaces to satisfv the parkinq requirements of the proposed use either wholly or partially is warranted in liqht of the followinq considerations: A The extent to which the proposed use advances the goals and obiectives of this Article; and B The extent to which the proposed use conforms to the Urban Desiqn Plan component of the Pembroke Strateqic Growth Area Plan. 1527 COMMENT 1528 1529 The parking regulations set forth in this section are substantially the same as those in the 1530 current B-3A Pembroke Central Business Core District, with the exception of a provision 1531 concerning projected revenues from the use. 1532 1533 Adopted by the City Council of the City of Virginia Beach on the day 1534 of 1535 1536 2014. 1537 Approved as to Content: 1538 1539 1540 1541 Planning Department 1542 1543 1544 CA-12463 1545 R-29 1546 November 5, 2013 Approved as to Legal Sufficiency: / ? . . City Attorney's Office 37 GbC:?Q c L,'N'r'xnt, IitrsrNiss 1)ts1'1z1(°r Ass0ciA1'ioN f )Nt: (;0I,[)M11L3S (,F.A3`1'EIt, S[JI'1'Li 611 VIRGINiA I?EAC;H, VIIrGINtA 23462 November 12, 2013 Mr.1im Spore City Manager CiCy of Virginia Beactr MunicJpal Center Virginia Beach, Virginia 23456 Dear 1im: The Centra! 6usiness District Association's Executive Board unanimousiy approved the CBO Core pftAF7 Ordinance (R-29) at its meeting today. The CBOA's SGA Legisiative Advisory Committee, Chaired by Burrell Saunders and comprised of CBDA members and stakehoiders would like to thank your staft for the many hours spent in meating and reviewing the specifics of this ORAFT Ordinance. We wouid like to specificaily mention Bill Macafi, Deputy City Attorney, Ashby Moss, Strategic Growth Area Planner, and Karen Lasley, Zoning AdminisYrator for their contnbuCians offering their experNse on the madification of this ordinance. The Central eusiness District Association is committed ta the "Urban Master P(an" as included in the Pembroke Strategic Grawth Area 4 implementation Plan as adopted by the Virginia &each City Council in 2009. 7he vision of e live, work and play environment has been realized in the current clevelopment of 7own Center. This vision should continue to grow and thrive in the expanded area to compliment the developed and redeveloped defined expanse. Thank you egain far the opportunity to express our views on this very important development strategy toward the future growth of the community. With kindest regards, I am V y truly yours, 1e?nne S. Evans-Cax ??ecutive Director CC: CBDA Baard of Directnrs CBDA SGA Legisiative Advisory Committee CITY OF VIRGINIA BEACH / CBC Central Business Core Dis#rict Agenda Items 7 - 12 `Page 7 Items #7 - #12 City of Virginia Beach - Central Business Core District Amendments December 11, 2013 (7) An Ordinance to Amend the Official Zoning Map by Changing the Zoning District Classification of Certain Property to "CBC Central Business Core District." (8) An Ordinance to Add a New Article 22, Consisting of Sections 2200 through 2212, to the City Zoning Ordinance, Establishing the Central Business Core District and Setting Forth Findings and Regulations Pertaining to Permitted Uses, Development (Lot and Building) Standards, Sign Regulations, Alternative Compliance with prescribed development standards, Optional Forms of Development, Public Art, Parking Requirements, and Design Guidelines for the District. (9) An Ordinance to Add, Amend, and Reordain, Repeal or Renumber Certain Sections of the City Zoning Ordinance so as to Conform to the Provisions of Article 22 of the City Zoning Ordinance (Establishing the CBC Central Business Core District and Setting Forth the Regulations Pertaining to Such District). (10) An Ordinance to Amend the Pembroke Strategic Growth Area 4 Implementation Plan and the Policy Document of the Comprehensive Plan by Revising Maps of the Pembroke Strategic Growth Area and Amending the Descriptions of the Central Business District / Core Area and the Central Business District / Waterfront Area. (11) An Ordinance to Amend and Reordain Sections 5.5, 5.613 and 5.14 of the Site Plan Ordinance, Pertaining to Exceptions in Districts Intended to Implement Strategic Growth Area Plans. (12) An Ordinance Establishing Transition Rules for the Review of Site Plans, Subdivision Plats and Other Plans of Development for Property in the CBC Central Business Core District. December 11, 2013 CONSENT Ashby Moss appeared before the Commission to provide a summary of the amendments as well as to respond to questions. AYE 9 NAY 0 ABS 0 ABSENT 2 BERNAS AYE FELTON AYE HENLEY AYE HODGSON AYE HORSLEY AYE LIVAS AYE REDMOND AYE RIPLEY AYE Item 7-12 City of Virginia Beach - CBC Page 2 RUCINSKI AYE RUSSO THORNTON ABSENT ABSENT By a vote of 9-0, the Commission approved Items 7- 12 by consent. 1 AN ORDINANCE TO AMEND THE OFFICIAL ZONING MAP 2 BY CHANGING THE ZONING DISTRICT CLASSIFICATION 3 OF CERTAIN PROPERTY TO "CBC CENTRAL BUSINESS 4 CORE DISTRICT." 5 WHEREAS, the public necessity, convenience, general welfare and good zoning 6 practice so require; 7 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 8 VIRGINIA BEACH, VIRGINIA: 9 That the official zoning map of the City of Virginia Beach be, and hereby is, 10 amended by changing the zoning district classification of all lots or parcels of land within 11 the territory described on the attached Exhibit 1, entitled "Listing of Properties to be 12 Included in `CBC Central Business Core District' by Geographic Parcel Identification 13 Number," and within the shaded area on the attached Map, marked Exhibit 2 and 14 entitled "Map of Area to be Rezoned to CBC Central Business Core District," to the 15 zoning district classification "CBC Central Business Core District,"' as shown on the 16 sheets marked and identified as "Zoning - Grids E06 and E07, Zoning, Updated: 17 January 21, 2014" on the official zoning map of the City of Virginia Beach, Virginia, 18 which sheets have been displayed before the City Council this date and are on file in 19 the Department of Planning. 20 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 21 of , 2014 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY • . . Plannin Departmen City Attorney's Office CA-12706 R-2 November 12, 2013 EXHIBIT 1 Listing of Properties to be Included in `CBC Central Business Core District' by Geographic Parcel Identification Number LIST OF ALL AFFECTED GPINS 22 14772593470000,14772594290000,14773441220000,14773447530000, 23 14773471130000,14773497470000,14773500860000,14773504680000, 24 14773523370000,14773524370000,14773533380000,14773534270000, 25 14773537530000,14773553890000,14773563360000,14773564370000, 26 14773574060000,14773590470000,14773595690000,14774400690000, 27 14774401460000,14774402310000,14774403880000,14774411420000, 28 14774421730000, 14774425390000, 14774457290000, 14774471260000 (Town 29 Center Condominiums), 14774475100000 (Residences at Westin Condominiums), 30 14774477180000, 14774488920000 (Studio 56 Condominiums), 14774511630000, 31 14774524250000,14774526240000,14774550300000,14774551310000, 32 14774570940000, 14774673210000 (partial), 14775402230000, 14775402730000, 33 14775408700000,14775412730000,14775414290000,14775418700000, 34 14775445380000 (The Town Center Condominiums), 14775450980000, 35 14775471170000,14775479320000,14775485370000,14775488980000, 36 14775491570000, 14775510280000, 14775540310000 (The Town Center 37 Condominiums), 14775570690000, 14775591410000, 14775594250000, 38 14775620340000 (partial), 14776442620000, 14776444430000, 14776446300000, 39 14776449010000,14776510670000,14776551950000,14776554690000, 40 14776564460000, 14776630960000 (partial) 2 Exhibit 2 Map of Area to be Rezoned to CBC Central Business Core District N Central Business Core Zoning District Map nal to scale 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 AN ORDINANCE TO ADD, AMEND AND REORDAIN, REPEAL OR RENUMBER THE FOLLOWING SECTIONS OF THE CITY ZONING ORDINANCE SO AS TO CONFORM TO THE PROVISIONS OF ARTICLE 22 (ESTABLISHING THE CBC CENTRAL BUSINESS CORE DISTRICT AND SETTING FORTH THE REGULATIONS PERTAINING TO SUCH DISTRICT), AS FOLLOWS: SECTIONS AMENDED AND REORDAINED: 102 (ZONING DISTRICTS) 105 (NONCONFORMITY) 107.1 (ALTERNATIVE COMPLIANCE) 111 (DEFINITIONS) 201 (YARDS) 203 (OFF-STREET PARKING REQUIREMENTS) 208 (PORTABLE STORAGE CONTAINERS) 210 (SIGN REGULATIONS - GENERAL) 210.2 (SIGNS - DEFINITIONS) 212 (PROHIBITED SIGNS) 239.05 (PARKING STRUCTURES AND PARKING GARAGES) 244 (RETAIL DESIGN GUIDELINES - APPLICABILITY, RULES OF CONSTRUCTION, MODIFICATIONS) 900 (BUSINESS DISTRICTS - LEGISLATIVE INTENT) 901 (BUSINESS DISTRICTS - USE REGULATIONS) 902 (BUSINESS DISTRICTS - DIMENSIONAL REQUIREMENTS) 903 (BUSINESS DISTRICTS - LANDSCAPE SCREENING AND BUFFERING REGULATIONS) 904 (BUSINESS DISTRICTS - HEIGHT REGULATIONS) 905 (BUSINESS DISTRICTS - SIGN REGULATIONS) 1001 (INDUSTRIAL DISTRICTS - USE REGULATIONS) 1803 (SPECIAL REGULATIONS IN AIR INSTALLATIONS COMPATIBLE USE ZONES - APPLICABILITY) SECTIONS ADDED: 218 (MAJOR ENTERTAINMENT VENUE SIGNS) 228.1 (CAR WASH FACILITES) SECTIONS RENUMBERED: 230 (RELIGIOUS USES) (RENUMBERED TO SECTION 240.1) 45 233.1 (BARS OR NIGHTCLUBS) (RENUMBERED TO 46 SECTION 225.01) 47 4$ SECTIONS REPEALED: 49 50 233.01 (MULTIPLE-FAMILY DWELLINGS IN THE B-3A 51 PEMBROKE CENTRAL BUSINESS CORE DISTRICT) 52 53 54 WHEREAS, the public necessity, convenience, generai welfare and good zoning 55 practice so require; 56 57 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 58 OF VIRGINIA BEACH, VIRGINIA: 59 60 That Sections 102, 105, 107.1, 111, 201, 203, 208, 210, 210.2, 212, 239.05, 244, 61 900, 901, 902, 903, 904, 905, 1001 and 1803 of the City Zoning Ordinance are hereby 62 amended and reordained; Sections 218 and 228.1 of the City Zoning Ordinance are 63 hereby added; Sections 230 and 233.1 of the City Zoning Ordinance are hereby 64 renumbered, and Section 233.01 of the City Zoning Ordinance is hereby repealed, to 65 read as follows: 66 67 ARTICLE 1. GENERAL PROVISIONS. 68 69 .... 70 71 Sec. 102. Establishment of districts and official zoning maps. 72 73 (a) In order to carry out the purposes and provisions of this ordinance, the 74 following districts are hereby established the numbered cateqories of which a-pd are 75 hereby listed in order from most restrictive to least restrictive: 76 77 .... 78 79 (7) Business Districts. Business Districts shall consist of: 80 81 B-1 Neighborhood Business District 82 B-1A Limited Community Business District 83 B-2 Community Business District 84 B-3 Central Business District 2 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 B-4 Mixed Use District B-4C Central Business Mixed Use District B-4K Historic Kempsville Area Mixed Use District (13) Districts Implementinq Strateqic Growth Area Plans. The #rm-ba-sed districts intended to implement Strateqic Growth Area Plans shall consist of: (1) OR Oceanfront Resort District; and (2) CBC Central Business Core District COMMEN'T "The amendments retlect that: (1) the new CenYral Business Core District, as well as future zoning districts that are intended to implement Strategic Growth Area Plans, will not necessarily be form-based; and (2) that the new CBC Central Business Core District replaces the current B-3A Pembroke Central Business District in its entirety. In addition, Yhe amendments to subsection (a) make it clear Yhat, while the general categories of zoning district are listed in order from most restrictive to least restrictive, the specific districts within each category are not necessarily listed as such. Sec. 105. Nonconformity. (d) (1) Enlargement or extension of nonconformity. No nonconforming use shall be increased in magnitude. No nonconforming use shall be enlarged or extended to cover a greater land area than was occupied by the nonconformity on the effective date of this ordinance or amendment thereto. No nonconforming use shall be moved in whole or in part to any other portion of the lot, parcel, or structure not occupied by the nonconformity on the effective date of this ordinance or amendment thereto, and no nonconforming 3 126 structure shall be moved at all except to come into compliance with 127 the terms of this ordinance. No nonconforming structure shali be 128 enlarged, extended, reconstructed, or structurally altered, if the 129 effect is to increase the nonconformity. As an exception to the 130 above, any condition of development prohibited by this section may 131 be permitted by resolution of the city council based upon its finding 132 that the proposed condition is equally appropriate or more 133 appropriate to the district than is the existing nonconformity city 134 council may attach such conditions and safeguards to its approval 135 as it deems necessary to fulfill the purposes of this ordinance. 136 Applications for the enlargement, extension or relocation of a 137 nonconforming use or structure shall be filed with the planning 138 director. The application shall be accompanied by a fee of five 139 hundred dollars ($500.00) to cover the cost of processing the 140 application. Notice shall be given as provided by Section 15.2-2204 141 of the Code of Virginia; provided, however, that written notice as 142 prescribed therein shall be given at least fifteen (15) days prior to 143 the hearing. The cost of the public notices required by Section 15.2- 144 2204 of the Code of Virginia shall be charged to the applicant. A 145 sign shall be posted on the site in accordance with the 146 requirements of section 108 of this ordinance. 147 148 (2) The eRlargemerA Additions to, or substantial alterations ef 149 FeGenStFUG of, nonconforming structures located in any #er-m- 150 based a zoninq district intended to implement a Strateqic Growth 151 Area Plan shall be permitted e+* either in accordance with the 152 regulations of such district or of this section. No nonconforming 153 use located in any form-based district may be converted to any 154 other use except as allowed pursuant to the regulations of such 155 district. 156 .... 157 158 COMMENT 159 160 Thc amendment provides that additions to or substanYial alterations of nonconforming 161 structures in zoning districts intended to implement an SGA Plans shall be allowed under either 162 this section or the applicable regulations of the particular zoning district in which the structure lies. 163 4 164 Sec. 107.1. Alternative compliance in #errn-based?-et-c-. certairc c7iStricts. 165 166 To the extent provided by the regulations of any 167 zonin district 168 listed in Section 102(a)(13): 169 170 (a) The city council may grant special exceptions in accordance with the alternative 171 compliance provisions of the district to allow the development of new uses or structures, 172 or additions to or alterations of existing structures, that do not conform to the uses or 173 #erms-e# development standards otherwise permitted or required under the applicable 174 district regulations. 175 176 (b) The fee for applications for special exceptions pursuant to this section shall be in 177 the amount of four hundred ($400.00). 178 179 COMMENT 180 181 The amendments reflect the fact that the new Central Business Core District, as well as 182 future zoning districts Yhat are intended to implement Strategic Growth Area Plans, are not limited 183 to form-based or overlay districts. The amendments to subsection (a) are technical and in nature 184 and have no substantive effect. 185 186 .... 187 188 Sec.111. Definitions. 189 190 For the purpose of this ordinance, words used in the present tense shall include 191 the future; words used in the singular number include the plural and the plural the 192 singular; the use of any gender shall be applicable to all genders; the word "shall" is 193 mandatory; the word "may" is permissive; the word "land" includes only the area 194 described as being above mean sea level; and the word "person" includes an individual, 195 a partnership, association, or corporation. 196 197 In addition, the following terms shall be defined as herein indicated; provided that in the 198 event a term defined in this section is defined differently in the regulations of any form- 199 based district, the latter definition shall control if the property to which the definition 200 applies is located in the form-based district: 201 202 Automobile repair establishment . A building or 203 portion thereof, designed or used for servicing of automotive or other motorized vehicles 204 where repair services are limited to the following and no motor vehicle fuel is dispensed: 5 205 206 (a) Adjusting and repairing brakes; 207 208 (b) Emergency wiring repairs; 209 210 (c) Greasing, lubrication and oil change; 211 212 (d) Motor adjustments not involving removal of the head or crankcase; 213 214 (e) Providing and repairing fuel pumps and lines; 215 216 (f) Radiator cleaning and flushing; provision of water, antifreeze and other 217 additives; 218 219 (g) Replacement or adjustment of minor automobile accessories, to include 220 mirrors, windshield wipers and the like; 221 222 (h) Servicing of non-motorized bicycles; 223 224 (i) Sale and servicing of spark plugs, batteries, and distributors and distributor 225 parts; 226 227 Q) Servicing and repair of carburetors; 228 229 (k) Servicing, repair and sales of mufflers and exhaust systems; 230 231 (I) Tire sales, servicing and repair, but not recapping or regrooving; 232 233 (m) Washing and polishing, and sale of automotive washing and polishing 234 materials. 235 236 Uses permissible at an automobile repair establishment do not include body work, 237 straightening of frames or body parts, steam cleaning, painting, storage of automobiles 238 not in operating condition nor the operation of a commercial garage as an accessory 239 use. 240 241 Automobile service station AnY establishment at which motor vehicle fuel is 242 dispensed at retail Such establishments may provide some or all of the services 243 Provided b y an automobile repair establishment. 244 245 ... . 246 247 Major entertainment venue An establishment located within a Strateqic Growth 248 Area on any zoninq lot of one and one-half (1-1/2) acres or more in area and havinq 6 249 more than three hundred (300) feet of continuous street frontaqe on a public street or 250 streets the principal use of which is to provide entertainment consistinq of sporting 251 events whether participatory or spectator, live theatre presentations or concerts, 252 conventions trade shows rides or other attractions typically found in amusement parks, 253 or similar types of entertainment. 254 255 .... 256 257 Outdoor amenity space An outdoor area of an establishment that: (1) serves as 258 an amenity for occupants of the establishment or members of the public or (2) consists 259 of qreen space such as qardens (includinq roof qardens) landscapinq beds or other 260 veqetated and maintained areas Examples of outdoor amenitv space include, but are 261 not limited to courtyards fountains plazas cafes and qardens but do not include 262 outdoor display areas. 263 264 .... 265 266 . An imagina;y loRe, 267 etbaGk 268 BaseluRe , 269 'ofir o' c tho Domhrn oCon+r I Ru inocc (`nro flicfric? 270 271 .... 272 273 Zoning lot. A lot or any portion thereof, or contiguous lots or-the spme under 274 common ownership within a single zoning district, which are to be used, developed or 275 built upon as a unit. For the purpose of this definition, lots of the same ownership 276 separated solely by an alley of no more than twenty (20) feet in width and by a distance 277 not exceeding the width of the alley shall be considered contiguous. In a Strateqic 278 Growth Area zoninq lots may include lots containinq parkinq structures not under 279 common ownership with the other lots provided that such parkinq structures are utilized 280 to satisfy, in whole or in part the vehicular parkinq requirements of one or more of the 281 uses on the zoninq lot and the property is developed in such manner that the uses, 282 includinq the parkinq structures are functionally inteqrated by means such as, but not 283 limited to pedestrian connections similar buildinq materials and architecture and 284 similarty-styled siqnaqe. Such siqns shall conform to the Central Business Core District 285 Siqn Desiqn Guidelines. 286 287 COMMENT 288 289 'The amendments: 7 290 291 (1) Differentiate between the terms "automobile rcpair establishment' and "automobile ZQZ service establishment or "automobile scrvice station"; 293 294 (2) Add a definition of the term "major entertainment venue"; 295 296 (3) Add a detinition of "outdoor amenity space"; 297 29$ (4) Delete the detinition of "setback baseline," as the term is not used in the new 299 Central Business Core District regulations; and 300 301 (5) Update the definition of the term "zoning lot" to rellect common forms of 302 development in urban areas, in which a parking structure serving one or more 303 establishments is under separate ownership from those establishments 304 notwithstanding that the parking structure and the establishments it serves are 305 developed as an integrated whole. 306 307 308 ARTICLE 2. GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE 309 TO ALL DISTRICTS 310 311 A. REGULATIONS RELATING TO LOTS, YARDS, HEIGHTS, OFF-STREET 312 PARKING AND OFF-STREET LOADING 313 .... 314 315 Sec.201. Yards. 316 317 (a) General. Ali required yards shall be unobstructed by any structure or 318 other improvement which exceeds sixteen (16) inches in height as measured from 319 ground elevation; provided, however, the following improvements may be located in a 320 yard: 321 322 .... 323 324 (9) Encroachments into required setbacks allowed by, and subject to, the provisions 325 of +p n,.o nfrnnt Rocnrt flio4riGf Fnrm R-,sod C?.? a zoninq district listed in Section 326 102 a 13 . 327 328 COMMENT 329 330 The amendments broaden the provisions of this section to include any zoning district 331 intended to implement the provisions of a Strategic Growth Area Plan. To date, such districts 332 include the Oceanfront Resort District and the new Central Business Core District. 333 8 334 .... 335 336 Sec. 203. Off-street parking requirements. 337 338 (g) Parking requirements in the 339 8-4C Central Business Mixed Use Districts. 340 this o , , 341 342 professional . SUGh analysos 6hall Gentamn, at a FniRiITILIM, 343 utilizatieR, , 344 o , . 345 m. Within the B-4C Central Business 346 Mixed Use District, there shall be provided for nonresidential uses, except hotels and 347 uses accessory to hotels, no fewer than three (3) spaces per one thousand (1,000) 348 square feet of gross floor area, and for residential uses no fewer than one and seven- 349 tenths (1.7) spaces per dwelling unit. Parking requirements for hotels and uses 350 accessory to hotels shall be as specified in subsection (a). 351 352 (h) Same; shared parking. Notwithstanding anything in this ordinance to the 353 contrary, required off-street parking for any use located on property within the B 3A 354 Tp--c°-ri hr?nrvke GeR#ra4-BUSTRess-Ger° n,S+r.,.+ „r g_4C Central Business Mixed Use District 355 may be made available for use by the general public as well as by the customers or 356 patrons of such use; provided, however, that ;R-z,"° R^r Gontr l R„S,..oss nn,.,od Uso 357 D+s#F+c-t, no parking space shall be used to satisfy the parking requirement of more than 358 one (1) establishment. The required number and dimensions of parking spaces shall be 359 as specified in this section. 360 361 (i) Pub1+E Required parking in the R3o Domhrnko ron+r l Q„s,noss r„ro and 362 B-4C Central Business Mixed Use Districts. Parking requirements for uses within the 9- 363 3° Pembreke-GeRtFal--BUSIRess-CsF° n,S+r,,.+ or g_4C Central Business Mixed Use 364 District may be satisfied by any one, or a combination of, the following: 365 366 (1) On-site parking; 367 368 (2) Off-site parking facilities, as set forth in section 901 of this ordinance; or 369 370 (3) Public parking, if the Planning Director determines (i) that there is at least 371 a sufficient number of public parking spaces located within the same 372 development phase of the District as the proposed use to meet public 373 parking demands; (ii) that for uses in the B-4C Central Business Mixed 9 374 Use District, such public parking spaces are not used to satisfy the parking 375 requirements of any other use, and (iii) that the use of such public parking 376 spaces to satisfy the parking requirements of the proposed use, either 377 wholly or partially, is warranted in light of the following considerations: 378 379 A. The extent to which the proposed use advances the goals and 380 objectives of the B ^-a° ?pembrQke-GeRtral BusiRess-G$re [);S+r,,.+ „r 381 B-4C Central Business Mixed Use District, °+"° G^..° :nay "°, as 382 stated in section 900 of the City Zoning Ordinance; 383 384 B. The extent to which the proposed use conforms to the UrbaR 385 386 387 . 388 . , 389 the Mixed Use Development Guidelines; and 390 391 C. The amount of the projected tax revenue to be generated by the 392 proposed use and improvements. 393 394 (j) Any regulation pertaining to vehicular parking in a#rrn hased zonin 395 district listed in section 102(a)(13) dustFoGt that conflicts with a provision of this section 396 shall be deemed to control to the extent of such conflict. 397 398 For purposes of this section, the term "parking requirements" shall mean the number of 399 off-street vehicular parking spaces required by this section. 400 401 COMMENT 402 403 The amendments delete the provisions of this section that apply in the B-3A Nembroke 404 Central Business Core District, as the new CenYral Business Core District regulations contain 405 equivalent provisions. The amendments in subsection (j) broaden the remaining provisions of this 406 section to include any zoning district intended to implement the provisions of a Strategic Growth 407 Area Plan. To date, such districts include the Oceanfront Resort District and the new Central 408 13usiness Core llistrict. 409 410 .... 411 412 10 413 Sec. 208. Portable storage containers. 414 415 Portable storage containers located outside of an enclosed building or structure shall be 416 allowed only as specified in this section and subject to the following regulations: 417 418 (d) Hotel, Office, and RT-1 Resort Tourist, 419 Districts; Strateqic Growth Areas. In the Hotel, Office; and RT-1 Resort Tourist aRd-8R 420 Districts and districts listed in section 102(a)13), portable storage 421 containers shall be allowed as follows: 422 423 (1) When used in connection with bona fide construction activity on the 424 site and for an additional period of twenty-four (24) hours before 425 and after such activity, portable storage containers shall be allowed 426 without limitation as to the number of portable storage containers; 427 and 428 429 (2) Portable storage containers shall be allowed for a period not 430 exceeding sixteen (16) days when used in connection with the 431 moving or relocation of a commercial establishment located, or to 432 be located, on the site. 433 434 .... 435 COMMENT 436 437 The amendments broaden Yhe provisions of this section to include any zoning district 438 intended to implement the provisions of a Strategic Growth Area Plan. To date, such districts 439 include the Oceanfront Resort District and the new Central 13usiness Core District. 440 441 .... 442 443 B. SIGN REGULATIONS. 444 445 Sec. 210. General regulations. 446 447 (a) The regulations set forth in this part shall apply to signs in all zoning 448 districts, including #erm-based zoning districts listed in Section 102(a)(13). 449 450 .... 451 11 452 COlVTMENT 453 454 The amendments broaden the provisions of this section to include any zoning district 455 inYended to implement the provisions of a Strategic Growth Area Plan. To date, such districts 456 include the Oceanfront Resort District and the new Central I3usiness Core District. 457 458 .... 459 460 Sec.210.2. Definitions. 461 462 The following definitions shall apply to all regulations pertaining to signs in this 463 Ordinance, including regulations governing signs in #rm-bas zoning districts listed in 464 Section 102(a)(13): 465 .... 466 467 Bu#ding . 468 . 469 ... 470 COMMENT 471 '1'he amendments broaden the provisions oi' this section to include any zoning district 472 intended to implement the provisions of a Strategic Growth Area Plan. To date, such districts 473 include the Oceanf'ront Resort District and the new Central Business Core llistrict. In addition, the 474 definition of "building frontage" is deleted as unnecessary. 475 .... 476 Sec. 212. Prohibited signs. 477 478 The following signs shall be prohibited: 479 .... 480 (c) Signs in any public right-of-way, except as provided in section 211(a) or 481 section 211(k), or as allowed in any #eFrn-based zoning district listed in Section 482 102 a 13 or Arts and Cultural District. 483 .... 12 484 (I) Signs in violation of section 33-114.1 of this Code, except for signs that 485 are allowed to encroach into the public right-of-way under the applicable regulations of 486 any #eFm-based zoning district listed in Section 102(a)(13) or Arts and Cultural District. 487 488 COMMENT 489 The amendments broaden the provisions of this section to includc any zoning district intended to 490 implement the provisions of a Strategic Growth Area Plan. To date, such districts include the 491 Oceanfront Resort District and the new Central Business Core District. 492 .... 493 Sec. 218. Major entertainment venue signs. 494 Siqnaqe for major entertainment venues other than siqnaqe otherwise allowed, 495 shall be allowed only with the approval of the City Council and shall be subiect to the 496 Followinq requirements: 497 498 (a) An application for such siqnaqe shall be submitted to the Planninq Director 499 by the property owner, contract purchaser with the written consent of the property 500 owner, or the duly authorized aqent for the property owner. Applications shall include a 501 fee in the amount of Eiqht Hundred Dollars ($800 00) and the required plan as 502 described in subsectian (b) alonq with any othei- information required bv the Planninq 503 Director. Applications shall be heard by the Planninq Commission and the Citv Council 504 in accordance with the procedures prescribed in subsections (d) and (e) of Section 221 505 of the CitYZoninq Ordinance. 506 507 (b) The siqn plan shall show, in the form and manner specified by the 508 Planning.Director the tvpe location setback size dimensions and heiqht of atl siqns, 509 and any other characteristics of or information pertaininq to such siqnaae deemed 510 necessary by the Planninq Director in order to adequately evaluate the proposed siqn 511 plan accordinG to the criteria set forth subsection (d) Individual banners intended to 512 displav special or recurrinq events or activities shall not be required to be approved 513 separately, but it shall be sufficient that the siqn plan show the number, size and 514 location of banners qenerally. 515 516 (c) Where a sign plan includes electronic display siqnaqe the followinq 517 additional information shall be provided: 518 519 (1) The pixel pitch of the proposed electronic display siqns; 520 13 521 522 523 524 525 526 527 (2) Whether such siqns will display static or animated text or imaqes, and the dwell time for each display1 3) The maximum and minimum illumination level in cande square meter, and the times durinq which such illumination levels will be used; and 528 529 530 531 532 (4) d) The In no case shall any electronic display siqn contain, or be connected to, audio speakers, and all electrical service lines providinq power to such signs shall be underqround. City Council shall consider the followinq criteria in actinq upon an 533 application: 534 535 (1) The extent to which the proposed siqnaqe is consistent with 536 applicable Siqn Desiqn Guidelines, if any: 537 538 (2) The extent to which the proposed siqnage is consistent with the 539 recommendations of the Comprehensive Plan; 540 541 (3) The extent to which the scale, color, materials, shape, illumination 542 and landscapinq of the proposed siqnaqe, considered as a whole, 543 is comqatible with surroundina qroqerties: 544 545 (4) The impact of the proposed signage on traffic safety, takinq into 546 consideration the degree to which view obstructions are created or 547 improved, avoidance of confusion with or obstruction of traffic 548 control signs and devices, and other safety-related factors; and 549 550 (5) The deqree to which the proposed siqnaqe is inteqrated into a 551 unified development concept, considerinq the building desiqn, other 552 s_iqns, landscapinq, traffic circulation, and other development 553 features of the propert rL. 554 555 COMMENT 556 'The section sets forth regulaYions for signage for major entertainment venues, which ai-e. 557 defined in Section 111 above. The language is substantially similar to that oi' the corresponding 558 regulations in the Oceanfront Resort District Form-13ased Code (012llF13C). Because this section 559 applies to all such signage within the City, it is being deleted 1'rom the ORDFBC as no longer 560 necessary. 14 561 C. CONDITIONAL USES AND STRUCTURES 562 .... 563 Sec. 225.01. Bars or niqhtclubs. 564 565 (a) Requirements. In addition to qeneral requirements, bars or niqhtciubs 566 shall be subject to the followinq requirements, which shall be deemed to be conditions 567 of the conditional use permit: 568 (1) Cateqory VI landscaping shall be installed alonq any lot line 569 adjoininq a residential or apartment district without an interveninq 570 street, alley or body of water qreater than fifty (50) feet in width. 571 The fencinq element of such landscapinq shall not be less than six 572 (6) feet nor more than eiqht (8) feet in heiqht and shall be free from 573 graffiti. Landscapinq and fencinq shall be maintained in qood 574 condition at all times; 575 576 (2) The operation of such establishments shall not disturb the 577 tranquility of residential areas or other areas in close proximity or 578 otherwise interfere with the reasonable use and enjoyment of 579 neighborinq property by reason of excessive noise, traffic, overflow 580 parking and litter. Noise from any establishment located within five 581 hundred (500) feet of any residential or apartment district or use or 582 hotel shall not be audible from outside the buildinq in which such 583 establishment is located or, where such establishments are located 584 in a freestandinq building, from any location not on the same lot, 585 except when exits are opened to allow patrons, emplovees or other 586 persons to exit; 587 588 (3) Operators of such establishments shall not allow loitering or 589 conqreqations of individuals in the parking lot or other exterior 590 portions of the premises, except for areas in which the consumption 591 of alcoholic beveraqes is specifically permitted by the terms of the 592 establishment's alcoholic beveraqe control license, and shall keep 593 all entrance and exit doors closed at all times of operation, except 594 when patrons, employees or other persons are actually entering ar 595 exiting the establishment; 596 597 (4) Such establishments shall be required to implement any other 598 reasonable measures the city council deems necessary or 15 599 appropriate to miriimize noise or other potential adverse effects 600 upon neiqhboring areas; and 601 602 (5) No increase in the combined area of the dance floor and any other 603 standinq space shall be allowed without the approval of the city 604 council if, after such increase, the combined area of the dance floor 605 and other standinq space exceeds fifteen (15) percent of the total 606 floor area of the establishment. 607 608 (b) Violations. A violation of any of the aforesaid requirements shall be 609 arounds for revocation of the conditional use permit in accordance with the provisions of 610 section 221(h); provided, however, that where a bar or niqhtclub has not previously 611 been found to be in violation of the conditional use permit, the zoning administrator shall 612 qive notice of the violation to the property owner or operator of the establishment 613 alleqed to be in violation of the conditional use permit and allow a reasonable time for 614 the violation to be corrected or remedied prior ta the institution of proceedinqs to revoke 615 the conditional use permit under section 221(h). Any findinq by the zoninq administrator 616 that a bar or niqhtclub is in violation of the conditional use permit mav be appealed to 617 the board of zoninq appeals in accordance with section 106. 618 619 (c) Accessory uses. Bars or niqhtclubs shall not be allowed as an accessory 620 use in any zoning district. 621 622 (d) Expansions, etc. Notwithstanding any other provision of this ordinance, no 623 conditional use permit or resolution pursuant to section 105(d) shall be required for the 624 enlargement, extension, reconstruction or structural alteration of a bar or niqhtclub 625 lawfully in existence as of fdate of adoption of amendmentsl, provided that: 626 627 (1) It has not previously been found to be in violation of the conditional 628 use permit authorizing it, if any; 629 630 (2) The net occupant load of the bar or nightclub is not increased as a 631 result of the enlargement, extension, reconstruction or structural 632 alteration; 633 634 (3) The bar or niqhtclub has not been expanded or extended since fthe 635 date of adoption of this section am°^dm°n: and 636 16 637 (4) Except with respect to struUturai alterations or reconstructions not 638 resultinq in an increase in occupant load, such bar or niqhtclub is not 639 located within an accident potential zone (APZ). 640 641 642 It shall be a condition of any enlarqement, extension, reconstruction or structural 643 alteration pursuant to this section that the bar or nightclub shall thereafter be subject to 644 the standards and conditions set forth in subsection (a) hereof. Any enlargement, 645 extension reconstruction or structural alteration of a bar or niqhtclub not meetinq the 646 criteria set forth herein may be allowed bv the city council in accordance with section 647 105(d) or by conditional use permit, as the case may be. In the event any such standard 648 or condition is found by the city council to have been violated, it may revoke the 649 permission to enlarqe extend reconstruct or structurally alter the establishment. Any 650 enlarqement extension reconstruction or structural alteration of a bar or niqhtclub not 651 meetinq the criteria set forth herein may be allowed by the city council in accordance 652 with section 105(d) or by conditional use permit, as the case may be. 653 654 COMMENI' 655 "1'his section is included solely in order to renumber the provision to maintain alphabetical 656 order of the conditional uses listed in this part of the CZO and to make a technical correcYion 657 having no substantive effect in subdivision (d)(3) . 658 .... 659 Sec. 228.1. Car wash facilities. 660 In addition to general requirements, the following special requirements and 661 limitations shall apply to car wash facilities in districts in which they are qenerally 662 permitted: 663 (a) No water produced by activities at the facility lot shall be permitted to fall upon or 664 drain across public streets or sidewalks or adjacent properties; and 665 (b) A minimum of three (3) off-street parkinq spaces for automobiles shall be 666 provided for each car wash space within the facility, unless otherwise provided in the 667 conditional use permit. 668 COMMENT 669 The new section makes provision for car wash facilities. Currently, the same requiremenYs 670 are set f'orYh in the use regulations of the iodividual districts in which car wash facilities are 671 allowed; the placement of those requirements in this new section eliminates the necd for repetition. 17 672 .... 673 Ser.. 230. Religious . [RESERVED] 674 675 , 676 ? 677 . . 678 679 . PFovwded, howeveF, 680 681 . 682 683 ; pFevmded, heweveF, , 684 685 . 686 . 687 ('(1MMF.NT 688 This section makes no changes from the current CZO provision and is included solely in 689 order to renumber the provision to maintain correct Aphabetical order ol' the conditional uses 690 listed in this part of the CZO. 691 .... 692 SeG. 233.01. 693 [RESERVED] 694 695 4n , 696 . 697 (?.l- Per o.?iorv co?ion??i fi?io +hn? i.,???Y,rl /7?,.,.,.,, .,.,w?... .?... ... (1(1!1\ oni ?oro foo? nf n ......?i_?l cr??no ?.?, .,?? .,.....?..? ?.... .,.,.w,... ?...m.........morr.. _r-__ 698 , 699 wi+hin that prnion4 700 , 701 , 702 projeGt, . 703 18 704 COMMEIV1' 705 This section is deleted, as the new Ceiyiral Business Core District regulations contain none 706 of the limitations set forth in this section and multiple-family dwellings are principal, rather than 707 conditional, uses. 708 .... 709 Ser.. 233.1. . [RESERVED] 710 711 . , 712 , 713 . 714 715 716 , . 717 718 (F±) foot nnr mero 4han oir,h+ /8\ fno+ in haiynh? oniJoh?+ll ho froo frem .. . ? ? ? ? ? ? . . . .,. 719 graffiti. 720 ; 721 722 723 724 ot#e??,;,?.,se OnteF#eFe--w+t?a---#he--Fo ,,,,-, ae us .,d o,,,,,,,,,,o„+ o 725 , traffiG, eveFfiew 726 . 727 728 e,c?}nlihFme? +s leea?,?T?? i ?zorl nr, ?eihoroe-?i e?p c? hlich,m,,?,,,?? ?on+c oro Io?nu?+ 729 --Tr?-??._.. 730 , 731 , 732 norSO.,S +„ o.,;+; 733 734 735 °r °r;e 736 , 737 nf •+Innhnlin bevp?ppsi?speE?qeF.?-???o +ormo nf 4ho .,, ?,.y,,,, . N 738 l. ?TCUA oc4.+hliJohm1TT7eR+aln?h?l?h?ever?p _?n.?I.?"G?$ , nrl chall I?o Trl .? `..? .. 739 all entraRGe aid ^"it rJr.GrS nlesei-1 a4 nll }imoo ef npora4inn ovnopt 19 740 wheR , employees-or-eth -Fe stuia 741 ovitinrr 4ho oc}ohlicV.man:t? 742 743 (4) CUGh oc4ahlichFneRtsshall ho rorri iirorJ tn imnlomon? .,..,, ?nv nfh? ,,,..... ..... 744 745 746 ; and 747 748 749 750 GOURGOI o , , 751 752 . 753 754 fh W . 755 756 SeGtOOR ; provoded, howeveF, 757 ?? r shall 758 g+Ve-Re#ose shFneRt 759 760 761 762 763 . 764 765 . 766 „?o ;?ny ZO^?,,,Rg-??uGt. 767 nc) 768 , etG. , 769 770 eniargerneRt, extensiGR, 771 , prevbded t 772 773 774 o,i 775 776 777 resul+ ^e enl,afgement,-exiens+en;-FeeeRstF-LIGt+eR-ef-St; pGtUral 778 a+teratieR-; 779 20 780 --" a-s- ;ot beep--expaRded eF-- exze^„ded;RGe 781 nf amoRdmori+cl• anrl 7U2 7$3 /4\ Gvnop+ with rocriaGi 784 , 785 nnt Ien torl ?nii+hin Mr? NnnirJon4 r?ri4on+inl ?no /OD7\ ... ..?.,,.,. .. ......,..?.. r---.._.?. -r? - ?- - -. 786 787 , exteRSiGR, 788 789 . ARy enlai:gerneRt, 790 ' , 791 792 i, . 793 , ARy 794 , exteRd, . 795 , i , eXt8R 796 797 - +ho ,..,so m7?i ho , 798 799 COMIVIENT 800 1'his section makes no changes from the current CLO provision and is included solely in 801 order to renumber the provision to maintain correct alphabetical order of the conditional uses 802 lisYed in this parY of the CZO. 803 Sec. 239.05. Parking structures and parkinq qaraqes. 804 (a) In addition to the general standards set forth in section 220, the city 805 council shall consider the extent to which the following standards have been met in 806 deciding applications for conditional use permits: 807 (1) 808 809 (2) 810 811 (3) 812 813 Access to the parking structure is designed so as not to disrupt or obstruct the flow of traffic on adjacent public streets; The parking structure provides adequate ingress and egress to all parking spaces, ample clearance, and safe pedestrian access; Safety features such as glass-backed elevators, interior scanning systems and alarm systems have been incorporated to ensure the well being of pedestrians and vehicles; and 21 814 (4) The architecture, building materials, signage and landscaping are 815 of high quality and conform to the design standards for parking 816 structures set forth in the Comprehensive Plan Reference 817 Handbook (Special Area Development Guidelines for Urban Areas 818 and Special Purpose Guidelines re: Parking Structure Standards) 819 or, in zoninq districts listed in section 102(a)(13), to the desiqn 820 c1uidelines applicable in such district. 821 (b) In addition to the information required by section 221(a), an application for 822 a conditional use permit shall include the following: 823 (1) A site plan showing access, parking spaces, traffic control, lighting, 824 drive aisles, elevators, stairwells, pedestrian access features, 825 interior clearance and landscaping; 826 (2) Building elevations or renderings showing architectural styling, 827 building materials and colors and signage; and 828 (3) A narrative describing safety features to be employed. 829 (c) Except as provided in section 1501(a)(1)(iv) or in the regulations of any 830 #errn-base? zonin district listed in section 102(a)(13), in districts in which they are 831 allowed by conditional uses peFm+t, parking structures and parkinq qaraqes shall not be 832 allowed as accessory uses. 833 (d) Parking structures and parkiny qaraqes located in any #rm based zoninq 834 district listed in section 102(a)(13) shall be subject to the applicable provisions of such 835 district in addition to the provisions of this section. 836 COMMENT 837 The amendments add "parking garages" to the section and eliminate potential conflicts 838 between this section and the Provisions of zoning districts intended to implement Strategic Growth 839 Area Plans. 840 .... 841 Sec. 240.1. Reliqious uses. 842 843 In addition to general requirements the followinq special requirements and 844 limitations shall apply to reliqious uses in districts in which they are qenerally permitted: 845 (a) Minimum lot area. The minimum lot area shall be three (3) acres. 22 846 (b) Off-street parkinq At Ieast one space per five (5) seats or bench seatinq 847 spaces in the main auditorium? provided however, that the requirement for any church 848 located in a shoppinq center shall be as specified in the conditional use permit allowinq 849 such church. 850 (c) Siqns shall be permitted in accordance with the requlations of the district 851 in which the use is located: provided however, that in residential districts, reliqious uses 852 shall be allowed one (1) siqn per entrance not to exceed twenty-four (24) square feet 853 per face or such other siqnaqe as may be specified in the conditional use permit. No 854 such siqn shall have more than two (2) faces. 855 COMMENT 856 This secYion makes no changes from Yhe current CZO provision and is included solely in 857 order to renamber the provision to maintain correct alphabetical order of the conditional uses 858 listed in this part of the CZO. 859 860 D. DESIGN, ETC. STANDARDS FOR RETAIL ESTABLISHMENTS AND 861 SHOPPING CENTERS 862 .... 863 Sec. 244. Applicability; rules of coristruction; rnodifications. 864 (a) The provisions of this part shall apply to the construction of new retail 865 establishments, including conversions of other uses to retail use, and to additions or 866 expansions of existing retail establishments where the gross square footage of floor 867 area thereof is increased by fifty (50) percent or more; provided, however, that the 868 provisions of this part shall not apply to establishments located within O 869 a zoninq district listed in section 102(a)(13). 870 COMMENT 871 872 The amendments broaden the provisions of this section to exclude any zoning district 873 intended to implement the provisions of a Strategic Growth Area Ylan. To date, such districts 874 include the Oceanfront Resort District and the new Central Business Core llisYrict. 875 876 .... 877 878 23 879 ARTICLE 9. BUSINESS DISTRICTS. 880 881 Sec. 900. Legislative intent. 882 883 The purpose of the B-1 Neighborhood Business District is to provide areas where 884 a limited range of business establishments can be located near or adjacent to 885 residential development without adversely impacting the adjacent residential area. The 886 purpose of the B-1A Limited Community Business District is to provide areas where 887 limited commercial development can be dispersed to support the needs of nearby 888 residential neighborhoods. The purpose of the B-2 Community Business District is to 889 provide land needed for community-wide business establishments. This district is 890 intended for general application in the city. It is intended that, by the creation of this 891 district, business uses will be geographically concentrated. The purpose of the B-3 892 Central Business District is to set apart that portion of the city which forms the 893 metropolitan center for financial, commercial, professional and cultural activities, 894 iricluding business, professional and cultural development in a manner that 895 complements the R3A p°mhrnLo CBC Central Business Core District and the policies 896 identified in the City of Virginia Beach Comprehensive Plan. It is intended that any uses 897 likely to create friction with these proposed types of activities will be discouraged. This 898 district is not intended for general application throughout the city. 899 tial for a 900 mixed use peiJoctrinn „rOeRted, Lirba„-- 901 , c?J,^,,?s, retail-res+deRt+a-I, ^u?-!±ura'_ 902 edtGa#os. 903 p4Wi , 904 o ' 905 implementation . 906 , jeaRne 907 Street, 908 . . 909 ef Ilae-S+t i , 910 a-sset #e , OR ordeF te effeGtuate the iRteRt of thus seGtwen. 911 ne i . The purpose of the B-4 Mixed 912 Use District is to provide for retail and commercial service facilities and residential uses, 913 including high-quality workforce housing in appropriate areas within the district, 914 including Strategic Growth Areas, in those areas of the city where a mixture of such 915 uses is desirable and recommended by the policies of the Comprehensive Plan. The 916 purpose of the B-4C Central Business Mixed Use District is to provide an area that 917 complements the R3A °°m"r^k° Central Business Core District through quality mixed 918 use development at intensities and patterns that support multiple modes of 24 919 transportation, higher residential dens:ties, incfuding high-quality workforce housing in 920 appropriate areas within the district, and an integrated mix of residential and non- 921 residential uses within the same building or on the same lot. Requests for rezonings to 922 the 13-4C Central Business Mixed Use District shall be limited to the area sLAFroundiRg 923 }ho R 4A Dern,,h rnLo (?on+r?l RLicinocc (`nro flictrinf M ?,???,,?,? ,,..,?„? ?,,,? ?.?...... ^^?' generally bounded by a ia 924 Creek on the east, Interstate 264 on the south, Aragona Boulevard on the west, and 925 Jeanne Street and Broad Street on the north. Development within the B-4C Central 926 Business Mixed Use District should adhere to the Comprehensive Plan's Mixed Use 927 Development Guidelines. The purpose of the B-4K Historic Kempsville Area Mixed Use 928 District is to provide an area that complements the adjoining residential neighborhoods 929 through quality mixed use development at intensities and patterns that support multiple 930 modes of transportation, higher residential densities, including high-quality workforce 931 housing in appropriate areas within the district, including Strategic Growth Areas, and 932 an integrated mix of residential and nonresidential uses within the same building or on 933 the same lot. Rezonings to the B-4K Historic Kempsville Area Mixed Use District shall 934 be limited to property within the area generally bounded by Kempsville Heights and 935 Kempsville Lake to the north, Cedar Run Canal to the south, Kempsville Gardens and 936 Kempsville Manor to the east, and Eastern Branch of the Elizabeth River to the west. 937 Development within the B-4K Historic Kempsville Area Mixed Use District should 938 conform to the Comprehensive Plan's Mixed Use Development Guidelines and the 939 Historic Kempsville Area Master Plan or, in the event of a conflict, should conform to the 940 Historic Kempsville Area Master Plan. 941 942 COMMENT 943 944 The amendments delete references to the B-3A Pembroke CenYral Business Core District, as 945 the district will be supplanted by the new CBC Central Business Core District. 946 Sec. 901. Use regulations. 947 (a) Principal and conditional uses. The following chart lists those uses 948 permitted within the B-1 through B-4K Business Districts. Those uses and structures in 949 the respective business districts shall be permitted as either principal uses indicated by 950 a"P" or as conditional uses indicated by a"C." Uses and structures indicated by an "X" 951 shall be prohibited in the respective districts. No uses or structures other than as 952 specified shall be permitted. 953 25 954 Use B-;B- 'B-jB-j9- ?B-;B- 46-4K 1 11AJ2 13 li,3A;4 14C; !Animal hospitals, veterinary PT ? P? P jR ? P P? P 'establishments, pounds, shelters, commercial kennels, provided all animals shall be kept in soundproofed, air !conditioned buildin , gs ± i i ? i Assembly uses Automobile museums Automobile repair garages and small engine repair establishments, provided that all repair work shall be performed within a building C :C %C ?C ;S (C !C ;C X IC sC IC Ix ;C !C ;C X sX ;C IX Ix ;C (X ;X iDal exslusiue i I r? rn?iirJed at_aut8mGb}lo corviro c+o4innc prvv-ra x ix ;S IG ":)( ;6 lx iX Automobile service stations; provided that, ( XiX !C? C 1x ` CIX € X where there is an adjoining residential or ? apartment district without an intervening k 1 'street, alley or permanent open space over twenty-five (25) feet in width and where lots separated by a district boundary have i adjacent front yards, Category VI screening shall separate the automobile service ?station use from the adjacent residential district or apartment district and no ground sign shall be within fifty (50) feet of the residential district or apartment district -- Bakeries, confectioneries and delicatessens, provided that products ' prepared or processed on the premises shall be sold only at retail and only on the premises P `P iP ?P ;'_P iP iP 'P ' Bars or nightclubs Bed and breakfast inns X 1X iC iC !S (C :C iC X Ix SX ix !x =1.+ A f C 26 Beverage manufacturing shops, which shall ? X X ? P P ;? ? P? P i X not exceed three thousand (3,000) square feet in floor area Bicycle and moped rental establishments !X ?X ;X EX ;x, r ?C ?X X Boatsales iX iX ?P X , 1)( ?P iX ................ _..._ +X Body piercing establishments ;X X ?C ?X X X ?X Borrow pits `X j X ; C j XA ; XA ; X Building-mounted antennas meeting the iX jX I P I P?P- € P PlX 'requirements of Section 207 ? I .... Bulk storage yards and building contractors ?C 'X '? ?X ?X ;X ;yards; provided that no sale or processing of scrap, salvage or secondhand material shall be permitted in such yards; and, ' ' provided further that such storage yards shall be completely enclosed except for 'necessary openings in ingress and egress by a fence or wall not less than six (6) feet in height Business and vocational schools which do ; X, C ; C' C; S IC? C X not involve the operation of woodwork ! I 'shops, machine shops or other similar j 1 1 facilities ? ,, _...? Business studios, offices and clinics Car wash facilities, aGr- _ _ P) e. 4 subject to the provisions of Section 228.1. , E ? E , E P P ?P ?P 3p- P ?P ;P X 1X iC !C IS !C ;X ;X Child care and child care education centers i C j C ; P I P j42 ; Pi P iC ?Colleges and universities, public or private ?X ,C ;C iC IS FC ?C EX 27 'Commercial parking lots, parking garages, iX I X ? P1 P'p- ; PiP iC parking structures and storage garages ; Commercial parking garages and storage ! X i X j C( C;P ? C j P ? X garages which include car wash, car rental or car detailing services when wholly enclosed within a parking structure and accessory thereto Communication towers meeting the i P; P i P€ P;p- ! P P! P requirements of Section 2320) , . ....... ..... _._...___._ .. _._ . . _ _. .. . ? ? u - Communication towers, except as specified iX CC lC ;G ;C ?C !X 'above , Dormitories for marine pilots ?X iX X'X ;X ?C iX kX .. _3. ...? ?.?.?..?E S ? Drugstores, beauty shops and barbershops ? P P? P? P ?? F P? P f P [ and other similar personal service establishments; provided that drive-through ; I 'windows shall not be allowed in the B-4K ? j ! ; I k E District Dwellings, Attached 'X i :X 1X ;P aX ;P Dwellings, Multi-family jX X X?X ';G ?P ;C C Eating and drinking establishmentswithout !X jX }X jX I R ?X ?P ?P drive-through windows, when not freestanding and incorporated inside a mixed use building, except as otherwise specified in this section __..._.._ .. ._---------- Eating and drinking establishments with ?X X? P? P?x ( P X?X ' drive-through windows, except as specified ' below I , ; I Eating and drinking establishments without ; P i P ; P i P1P? X i X drive-through windows, except as specified below ; E ( i € j Fiber-optics transmission facilities X, C i C : C?S X? ? C ;X i ; f _... _... _. . _ .. ; _ _ . . , _ _ . . . Financial institutions; provided, that drive- ; P' P j P ' P?p- `. P± P ? P through windows shall not be allowed in the , 28 B-4K District Florists, gift shops and stationery stores Funeral homes Furniture repair and upholstering, repair services for radio and television and i household appliances other than those with igasoline engines; carpet and linoleum laying; tile setting, sign shops and other small service businesses Greenhouses and plant nurseries ...i... ... . __...„. . _..._; _ ?.._.. E € ?P F >F 3P p- ?P ;P IP X EP !P '.P ;x ;P IX jX X P ?P iP ?x iP ;X iX X sP :P 'X X IP iX ;X Grocery stores, carry-out food stores and 'convenience stores all being both freestanding and in a structure with a gross 'floor area of less than five thousand (5,000) 'square feet Grocery stores, carry-out food stores and convenience stores whether or not 'freestanding, but in a structure of a gross floor area of not less than five thousand (5,000) square feet ' Grocery stores, carry-out food stores and 'convenience stores any ofwhich are not freestanding but in a structure with a gross 'floor area of less than five thousand (5,000) 'square feet Heliports and helistops C iC %P iP `;X EP jX iX X A `P iP !C 'P ;C iX P :P iP T ;S :P (C ;C X (X :C ;C ;G ?C ?C 'X i E Home-based wildlife rehabilitation facilities 'C iX A ' X; X ? X ?_ ... ?Home occupations X X ; SX X S C IC ; ;C Housing for seniors and disabled persons ; C; C ; X; X or handicapped, including convalescent or ; nursing; maternity homes; child care ? centers other than covered under permitted principal uses hereinabove, provided that ? s the maximum height shall not exceed one hundred sixty-five (165) feet; provided, S C `C C 29 Hotels and motels ';X 'X ;X ?P ?P_ ;P EP ;X ; Hotels and motels with increased lodging !X; X ? X; X `x ? C? X lX ? unit density and height, provided that the 'maximum density shall be one hundred 'twenty (120) lodging units per acre, the minimum lot area shall be one (1) acre and the maximum height shall be one hundred ;(100) feet; notwithstanding the above, no :structure shall exceed the height limit 'established by section 202(b) regarding air i navigation i 3 Laboratories and establishments for the i X. X ' P_ P I -P; P j P? P production and repair of eye glasses, hearing aids and prosthetic devices Laundry and dry cleaning agencies i P P i P j P ? P 1 P° P ? Liquor stores, package only i P: P f P i P p- P` P? P Marinas, commercial X ?X ?C C X ?X . ... ..... Medical and dental offices and clinics `P , P ? P i P .p- ! P P[ P Medicai laboratories j X X i P i P 1421P IPiP , ? .. . ........ . .. _ . . . ,. E . , Mini-warehouses ?X ?C ?C C ?X iC X ?X ; ? € ? l ?. . . _ . _ . ... . _. Mobile home sales ; X X r C? X X' X X !X Motor vehicle sales and rental, provided the ;X X =C lC jx C FX `=X 30 Off-site parking facilities, subjectto the ;X ;X ?X .;P ;p- ;X ;P ?X provisions of subsection {G} (d) I E : ; j 3 Open-air markets (X €X sC iC ?G zC C?X ? Outdoor cafes P P P' P ,p- ? P ?5P i P Outdoor plazas lP? P E ; . . `P I P .. R iP 3 { P; P ? ' Passenger transportation terminals iXiX ?C , C? j C ? C; X Passenger vessels permitted by U.S. Coast ? X? X ? C!X X j C k X! X , Guard regulations to carry more than one f I hundred forty-nine (149) passengers and used for commercial purposes ° t , Personal service establ ishments, other ; P P? P P ?p , P ? P`P ? 'than those listed separately Personal watercraft rentals ? ; XiC ? C! C Ix; C X? X Public buildings and grounds ? ? P? P ?P ? P R ?P Public utilities installations and substations ? P P? P ( P p-! P ? P` P? provided storage and maintenance facilities i shall not be permitted; and provided further that utilities substations, other than 'individual transformers, shall be ? ` ? ? E ( F ;surrounded by Category IV screening solid ' except for entrances and exits; and provided aiso, transformer vaults for ? ? underground utilities and the like shall = ? ? ? F require only Category I screening, solid except for access openings ` j ; Public utilities offices ? i ? ;X ;X ,? P; P p- j P; PP 31 Public utility storage or maintenance ;X 'X installations 1 ?.-- -r Radio and television broadcasting stations !X `C s _ ? Recreation facilities other than those of an ?X 1X outdoor nature, with a floor area greater than 7,500 square feet Recreational and amusement facilities of an outdoor nature, which may be partially or temporarily enclosed on a seasonal basis with approval of city council; provided that, in the development of such properties, 'safeguards are provided to preserve and ' protect the existing character of adjacent properties, except that riding academies 'and recreational campgrounds shall not be ' allowed as a conditional use or otherwise Recreational facilities other than those of an outdoor nature, with a maximum floor area of 7,500 square feet Religious uses with a floor area greater than 4,000 square feet ? Religious uses with a maximum floor area 'of 4,000 square feet Repair and sales for radio and television and other household appliances and small business machines Retail establishments, other than those listed separately, including the incidental manufacturing of goods for sale only at retail on the premises; retail sales and Idisplay rooms and lots, provided that yards for storage of new or used building materials or yards for any scrap or salvage operations or for storage or display of any scrap, salvage or secondhand building ' materials or automobile parts shall not be allowed, further provided that adult book stores shall be prohibited from locating :C C ':)( ;C iX EX EC ;G ;C jC?X , ?C_?C.. ?? tP C ?X : I ? I 4 X iC lC 'C ic {C iC iX X 'X 'P !P p-P ;P ;X C ?C ;C iC ?S iC 1.C €C P IP 3P ;P ??R iP IP EP P T :P P ;p- ;P `sP iP X P :P ;P ;p- EX 32 955 "within five hundred (500) feet of any !apartment or residential district, single- or ' multiple-family dwelling, church, park, or school Satellite wagering facility Single room occupancy facility ; Specialty shops ' Storage garages Tattoo parlors Wholesaling and distribution operations, provided that such operations do not involve the use of: (i) more than two thousand (2,000) square feet of floor area for storage of wares to be sold at wholesale or to be distributed, or (ii) any vehicle rated at more than one and one-half (1'/z) tons, or (iii) a total of more than five (5) delivery vehicles Wildlife rehabilitation centers Wind energy conversion systems, freestanding, except as provided below Wind energy conversion systems, freestanding, in excess of one (1) Wind energy conversion systems, roof- mounted, except as provided below Wind energy conversion systems, roof- mounted, in excess of one (1) per principal structure X ?X EC ",C 1c'X {C iX X:X iiX ;X iX 'C 1C C C IP (P iP tP_ ;P (,P iP X iX !P 1P lx ;P iX EX X iX iC iX 1x iX (X (X X iX 'P €C ;x?X ?X iX C C'C X A IX X:X P IP 'P IX :X [X (X ?X C ',C ;C ;X A jX I;X !X P 'P `P 'P 'P_ ;P :P ;P C:C C C i? iC IC :C 33 956 ho R 34 Pomhreka Canfrl+l Ruoin?os 957 . 958 , Gafes 959 960 , 961 ieR, 962 963 GFiteria: follewing 964 965 , 966 , 967 . 968 969 0_ ?Rci uro nnnferm nGo wi4h +hoqo anlJ n+hor rol ator! nhiorti?ioc oc cn4 , 970 tI4 971 ; and 972 973 }ho Domhrnko C4r tonin Grnw+h Oro... ? 4 Im?..r?lomont?tinn plAri ?.???................... . . .. 974 975 976 (d) {Off-site parking facilities.} Off-site parking facilities shall be permitted as 977 follows: 978 (1) 8-3,43-3,4 and 8-4C Districts. Off-site parking facilities for any use 979 within the B-3, B 3A or B-4C Districts, shall be permitted on any 980 zoning lot, provided all of the following requirements are met: (1) 981 structures for parking facilities shall conform to the regulations of 982 the district in which located; (2) off-site parking facilities shall be 983 located within one thousand five hundred (1,500) feet from the use 984 they are intended to serve, but in no case shall any such facility be 985 located opposite Virginia Beach Boulevard and Independence 986 Boulevard unless grade-separated pedestrian access is provided; 987 and (3) 988 ; aRd {-4) 989 a written agreement assuring continued availability of the number of 990 spaces indicated shall be drawn and executed, and a certified copy 991 of such agreement shall be recorded with the clerk of the court. 992 Such agreement shall stipulate that, if such space is not maintained 34 993 994 995 996 997 .... 998 999 1000 1001 1002 1003 1004 1005 or space acceptable to trie planning director substituted, the use or such portion of the use as is deficient in number of parking spaces shall be discontinued. The agreement shall be subject to the approval of the city attorney. rI-% nRrar, Xrm The amendments delete references to the B-3A Pembroke Central Business Core District, as the district will be supplanted by the new C13C Central Business Core District. The amendments deletc "automobile service establishmenYs" as a use, as the term "automobilc service station" replaces it throughout the CZO, and make technical corrections regarding car wash facilities. Sec. 902. Dimensional requirements. 1006 (b) The following chart lists the requirements within the R3o p° mhroLo 1007 Qvntr-+1 RLicinoccConro n,? ;?tT g_4C Central Business Mixed Use District and B-4K 1008 Historic Kempsville Area Mixed Use District for minimum lot area, width, a nd yard 1009 spacing for all uses and structures: - ?B 3A - ?13-4C ?13-4K ? (1) !Minimum lot area in square feet: ?1-8;9 __ ... . .. 98 j 10,000 ? 10,000 ? _........_` ...........?... (2) ? Minimum lot width in feet.* ? ?98 ? 100 E 100 °. . . _ _ ....... . .. . _ -..... . ... .... ... . . _. _.._ .. _ ... ... ... _ . (3) `Minimum setback from a street in feet . 3 _ { . __.. ?0 ; ? ..__._ . .._, 110 (4) =Maximum setback from a street in feet. There shall be no maximum 49 10 {20 !setback from a street for structures where the total floor area ? consists of residential use. ; , _ _ .€ .. _. ._ . __ . ..... . _....._........ . . _.._. . _...................... __ (5) 1 Minimum side yard setback in feet, unless otherwise identified 3 . ?9 . ? ?0 ' ;. ?0 i !herein or a greater setback is required by section 903 _ .. _..... .___ .? __:.. (6) ? Minimum rear yard setback in feet, unless a greater setback is 8 `0 ,_._.... ? 0 required by section 903 (7) EMaximum density per acre of multifamily dwellings in the 13-4C and =N/A ,36 ;18 j i B-4K Districts. Density shall be determined based on the area of ? 'the entire zoning lot, even if such lot is partially occupied by other ? ; principal uses or conditional uses. For every 10,000 square feet of 35 commercial space in a given development project, an adclitional dwelling unit per acre beyond that allowed by the maximum density may be built. (8) !Maximum densityof hotels and motels 1 N/A 180 ; N/A 1010 1011 "Where applicable, newly created corner lots must also adhere to section 4.4(c) of the Subdivision 1012 Ordinance, requiring additional lot width on certain corner lots. 1013 1014 Except as otherwise provided herein, setbacks affecting only the first floor of 1015 multistory buildings may be increased by no more than twenty (20) feet in order to allow 1016 the creation of covered passageways within the B-3A; 13-4C and B-41K Districts. In 1017 addition, building setbacks adjacent to roadway intersections may be increased to 1018 provide safe and reasonable line-of-sight clearances. 1019 COMMEN'I' 1020 The amendments delete references to the B-3A Pembroke Central I3usiness Core llistrict, as 1021 the district will be supplanYed by the new C13C Central Business Core DisYrict. 1022 .... 1023 1024 1025 1026 ' , CeFe 1027 : 1028 ; 1029 1030 1031 1032 ; aRd 1033 1034 1035 ontiro rlovolnpmon4 1036 1037 1038 buildiRgS, , .s;dGVYUI^S, p•,rLing .,reassate la.,dSGan; 36 1039 , d -,uG#-et#aer-+Rfer " 1040 1041 1042 1043 , 1044 . 1045 1046 COMMENT 1047 The amendments delete references to Yhe B-3A Pembroke Central Business Core District, as 1048 the district will be supplanted by the new CBC Central 13usiness Core District. In addition, the 1049 provisions of subsections (t), (g) and (h) are also deleted, as they will be rendered superiluous by the 1050 adoption of the new Central Business Core District regulations. 1051 1052 Sec. 903. Landscape screening and buffering regulations. 1053 For the B-1 through B-4 Commercial Districts, the following landscape screening 1054 and buffering regulations shall apply: 1055 (a) When a zoning lot within a B-1 or B-1A Business District adjoins a 1056 residential, apartment or hotel district without an intervening street, alley or body of 1057 water over twenty-five (25) feet in width, a fifteen-foot minimum yard shall be required 1058 along all lot lines adjoining the residential, apartment or hotel district. Category I 1059 landscape screening shall be required within the yard area. No other uses or structures 1060 shall be permitted in such yards. 1061 (b) When a zoning lot within the B-2, B-3, B-3X, B-4, B-4C or B-4K District 1062 adjoins a residential or apartment district without an intervening street, alley or body of 1063 water over twenty-five (25) feet in width, a fifteen-foot minimum yard shall be required 1064 along all lot lines adjoining the residential or apartment district. Category IV landscape 1065 screening shall be required within the yard area. No other uses or structures shall be 1066 permitted in such yards. 1067 (c) When a zoning lot within the B-2, B-3, B-33A; B-4, B-4C or B-4K District 1068 adjoins an 0-1 Office District without an intervening street, alley or body of water over 1069 twenty-five (25) feet in width, a ten-foot minimum yard shall be required along all lot 1070 lines adjoining the office district. Category I landscape screening shall be required within 1071 the yard area. No other uses or structures shall be permitted in such yards. 1072 1073 37 1074 COMMEN"1 1075 The amendments delete references to the B-3A Pembroke Central 13usiness Core llistrict, as 1076 the district will be supplanted by the new CBC Central Business Core District. 1077 Sec. 904. Neight regulations. 1078 (a) The maximum height for all uses and structures within the B-1 1079 Neighborhood Business District and B-1A Limited Community Business District shall be 1080 thirty-five (35) feet. 1081 (b) Where a zoning lot within the B-2 Community Business District, B-3 1082 Central Business District, B-3R--PernbFel<<e-GentFal-Business--Ger? Do?,s? B-4 Mixed 1083 Use District, B-4C Central Business Mixed Use District or B-4K Historic Kempsville Area 1084 Mixed Use District adjoins the side or rear yard of a zoning lot in a residential or 1085 apartment district without an intervening street or alley over twenty-five (25) feet in width 1086 or a body of water over fifty (50) feet in width, the following maximum height regulations 1087 shall apply on that portion of the commercial zoning lot within one hundred (100) feet of 1088 the adjoining residential or apartment district. In cases where more than one (1) of the 1089 following apply, the most restrictive shall apply. 1090 (1) When adjacent to residential district, the maximum height shall be 1091 thirty-five (35) feet. 1092 (2) When adjacent to A-12 or A-18 Apartment Districts, the maximum 1093 height shall be thirty-five (35) feet. 1094 (3) When adjacent to A-24 Apartment District, the maximum height 1095 shall be forty-five (45) feet. 1096 (4) When adjacent to A-36 Apartment District, the maximum height 1097 shall be one hundred twenty (120) feet. 1098 (c) The maximum height for hotels and motels within the B-4 Mixed Use 1099 District is seventy-five (75) feet. 1100 (d) Except as specified in items (a),(b) and (c) hereinabove, there shall be no 1101 maximum height regulations in the B-2, B-3 and B-4 Districts. `^?'+??T-thc--B-314. 1102 i , 1103 . In the 1104 B-4C Central Business Mixed Use District, minimum building height shall be thirty-five 1105 (35) feet and the maximum building height shall be two hundred (200) feet. In the B-4K 1106 Historic Kempsville Area Mixed Use District, the minimum building height shall be 1107 twenty-five (25) feet and the maximum building height shall be fifty (50) feet. 38 1108 (e) Notwithstanding the above, no building or other structure shall exceed the 1109 height limit established by section 202(b) regarding air navigation. 1110 1111 COMMENT 1112 The amendments delete references to the B-3A Pembroke Central Business Core l)istrict, as 11 13 the B-3A llistrict will be replaced by the new CBC Central Business Core District. 1114 Sec. 905. Sign regulations. 1115 .... 1116 (d) Within the B 3A PembFeke-SeRtraJ--13us+pess--Se"° nic4rir4 and +?,o g_4C 1117 Central Business Mixed Use District, signs shall be permitted as follows: 1118 1119 (1) For each foot of occupancy frontage an establishment shall have 1120 no more than sixty one-hundredths (.60) square feet of sign area. 1121 No single establishment shall have more than four (4) signs, nor 1122 more than two (2) signs per building facade, and no individual sign 1123 shall exceed sixty (60) square feet in surface area. Any 1124 establishment having less than forty (40) feet of occupancy 1125 frontage may have one (1) sign not exceeding twenty-four (24) 1126 square feet. No such sign shall be allowed above the second story 1127 of any building. 1128 1129 (2) A sign identifying the entrance to upper-floor residential dwelling 1130 units shall be permitted; provided, that no such sign shall exceed 1131 eight (8) square feet of surface area, and that the number of signs 1132 shall be limited to one (1) sign at street level at each principal 1133 entrance. 1134 1135 (2.5) Commercial buildings, including hotels and motels, of less than five 1136 (5) stories in height shall have no more than two (2) building 1137 identification signs, and no sign shall have a surface area 1138 exceeding one hundred fifty (150) square feet. Such signs shall be 1139 mounted on or above the fourth story of the building, but not above 1140 the roofline of such building, and only one (1) sign per building 1141 facade shall be allowed. Additionally, two (2) building identification 1142 signs, not exceeding twenty (20) square feet each, shall be allowed 1143 at street level if the building has a street level entrance. 1144 39 1145 (3) Commercial buildings, including hotels and motels, of five (5) 1146 stories to ten (10) stories shall have no more than two (2) building 1147 identification signs, and no sign shall have a surface area 1148 exceeding two hundred (200) square feet. Such signs shall be 1149 mounted on or above the top one-quarter (1/4) of the building, but 1150 not above the roofline of such building, and only one (1) sign per 1151 building facade shall be allowed. Additionally, two (2) building 1152 identification signs, not exceeding twenty (20) square feet each, 1153 may be allowed at street level, if the building has a street level 1154 entrance. 1155 1156 (3.5) Commercial building, including hotels and motels, of more than ten 1157 (10) stories in height shall have no more than two (2) building 1158 identification signs, and no sign shall have a surface area 1159 exceeding three hundred (300) square feet. All signs shall be 1160 mounted on or above the top one-quarter (1/4) of the building, but 1161 not above the roofline of such building, and only one (1) sign per 1162 building facade shall be allowed. Additionally, two (2) building 1163 identification signs, not exceeding twenty (20) square feet each, 1164 may be allowed at street level, if the building has a street level 1165 entrance. 1166 1167 (3.7) Major Tenant Sign Option. For each foot of building footage, a 1168 major tenant may have a maximum of one and two-tenths (1.2) 1169 square feet of sign area, provided that pedestrian scale features 1170 and amenities such as outdoor cafe seating, planters, kiosk areas, 1171 fountains, display windows or sculptures are provided on the 1172 facade or adjacent thereto. No major tenant shall have a total of 1173 more than four (4) signs, nor more than two (2) signs per building 1174 facade. 1175 1176 (4) All freestanding signs shall be approved by the city council, as 1177 consistent with the general purpose and intent of the design 1178 provisions presented in the July, 1991, Pembroke Strategic Growth 1179 Area 4 Implementation Plan and any applicable design standards 1180 approved by city council. 1181 1182 (5) Signs on building awnings shall not be included in determining the 1183 number of building signs permitted, or in determining permissible 1184 sign area, if they meet the following criteria: 40 1185 1186 1187 1188 1189 1190 1191 1192 1193 1194 1195 1196 1197 1198 1199 1200 1201 1202 1203 1204 1205 1206 1207 1208 1209 1210 1211 1212 1213 1214 1215 1216 1217 a. Such signs are uniform in font, color, size and style; b. Only the name of the establishment appears on the awning; c. There is only one (1) sign per awning; and d. Such are no larger than two (2) square feet. (6) Public or private parking structures and parking garages may have one (1) sign per vehicle entrance and two (2) additional signs. Such signs shall have no more than seventy-five (75) square feet of surface area and shall identify the building on which they are located as a parking structure or parking garage. (7) As used in this section: a. "Occupancy frontage" means the exterior length of that portion of a building occupied exclusively by a single establishment having at least one (1) exterior public access; b. "Building identification sign" means a sign which displays only the name of the building on which it is located; c. "Major tenant" means the space in a building occupied by a single establishment with a building wall height of at least thirty-five (35) feet and with at least one (1) continuous wall containing at least eighty (80) feet of building frontage; and d. "Building frontage" means the exterior length of that portion of a building occupied exclusively by a single establishment. COMMENT 1218 'The amendment deletes thc references to the B-3A Pernbroke Central 13usiness Core 1219 District, as the 13-3A District will be replaced by the new CBC Central Business Core llistrict, 1220 which has its own set of sign regulations. 1221 1222 41 1223 ARTICLE 10. INDUSTRIAL DISTRICTS. 1224 .... 1225 Sec. 1001. Use regulations. 1226 (a) Principal and conditional uses. The following chart lists those uses 1227 permitted within the I-1 and I-2 Industrial Districts. Those uses and structures in the 1228 respective industrial districts shall be permitted as either principal uses indicated by a 1229 "P" or as conditional uses indicated by a"C." Uses and structures indicated by an "X" 1230 shall be prohibited in the respective districts. No uses or structures other than as 1231 specified shall be permitted. 1232 1233 Use 1-1 1-2 1234 .... 1235 Auterne# 1236 1237 p- -p- 1238 1239 .... 1240 1241 Car wash facilities, pFovided . 1242 1243 1244 1245 adjaGeRt , 1246 1247 1248 i subiect 1249 to the provisions of Section 228.1 C X 1250 1251 .... 1252 1253 COMMEN'T 1254 "The amendments delete "automobile service esYablishments" as a use, as the term 1255 "automobile service station" (which remains listed as a conditional use in Industrial llistricts) 1256 replaces it throughout the CZO, and make technical corrections regarding car wash faciliYies. The 1257 amendments have no substantive effecY. 1258 42 1259 ARTICLE 18. SPECIAL REGULA7lONS IN AER lNSTALLATIONS COMPATIBLE 1260 USE ZONES (AICUZ). 1261 A. OVERLAY DISTRICT REGULATIONS 1262 .... 1263 Sec. 1803. Applicability. 1264 (a) Area of applicability. The provisions of this Article shali apply to 1265 discretionary development applications for any property located within an Accident 1266 Potential Zone (APZ) or 65-70 dB DNL, 70-75 dB DNL or >75 dB DNL Noise Zone, as 1267 shown on the official zoning map, that have not been approved or denied by the city 1268 council as of the date of adoption of this Article. For purposes of this Article, 1269 discretionary development applications shall include applications for: 1270 1271 (1) Rezonings, including conditional zonings; 1272 1273 (2) Conditional use permits for new uses or structures, or for 1274 alterations or enlargements of existing conditional uses where the 1275 occupant load would increase; 1276 1277 (3) Conversions or enlargements of nonconforming uses or structures, 1278 except where the application contemplates the construction of a 1279 new building or structure or expansion of an existing use or 1280 structure where the total occupant load would not increase; and 1281 1282 (4) Street closures where the application contemplates the construction 1283 of a new building or structure or the expansion of a use or structure 1284 where the total occupant load is increased; and 1285 1286 (5) Special exc.eptions for Alternative Compliance in any zoninq district 1287 listed in Section 102(a)(13) where the special exception allows a 1288 use not otherwise permitted by applicable regulations. 1289 1290 .... 1291 COMMEN1' 1292 1293 The amendment adds, as a"discretionary development application" subject to the 1294 provisions of the AICUL Overlay Ordinance, special esceptions for Alternative Compliance in 1295 zoning districts implementing Strategic Growth Area Plans where the special exception would 43 1296 1297 1298 1299 1300 1301 1302 1303 1304 1305 1306 1307 1308 1309 1310 1311 1312 a11ow a use not otherwise permitted b,y applicable regulations of a zoning district, such as the Oceanf'ront Resort District or Central 13usiness Core District, that implements an SGA Plan. Adopted by the City Council of the City of Virginia Beach on the day of 12014. APPROVED AS TO CONTENT: Dep n f Planning CA-12464 November 26, 2013 R-5 1 APPROVED AS TO LEGAL SUFFICIEN Y: . . . City Attorney's Office 44 1 AN ORDINANCE TO AMEND THE PEMBROKE 2 STRATEGIC GROWTH AREA 4 IMPLEMENTATION 3 PLAN AND THE POLICY DOCUMENT OF THE 4 COMPREHENSIVE PLAN BY REVISING MAPS OF 5 THE PEMBROKE STRATEGIC GROWTH AREA 6 AND AMENDING DESCRIPTIONS OF THE 7 CENTRAL BUSINESS DISTRICT/CORE AREA AND 8 THE CENTRAL BUSINESS DISTRICT/ g WATERFRONT AREA 10 11 WHEREAS, the public necessity, convenience, general welfare and good zoning 12 practice so require; 13 14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 15 OF VIRGINIA BEACH, VIRGINIA: 16 17 That the Pembroke Strategic Growth Area 4 Implementation Plan and the Policy 18 Document of the Comprehensive Plan of the City of Virginia Beach are hereby 19 amended and reordained as follows: 20 21 1. The revision of those certain maps delineating the boundaries of the 22 Central Business District/Core and the Central Business District/Waterfront, 23 respectively, appearing in the Pembroke Strategic Growth Area 4 Implementation Plan 24 on Pages 22 (Urban Districts Plan), Page 27 (Central Business District/Core), Page 31 25 (Central Business District/Waterfront) and Page 58 (Central Business District/Core and 26 Central Business District/Waterfront), all as more fully appears in Section 1 of the 27 attached Exhibit A; 28 29 2. The addition of language regarding alternative approaches to form based 30 codes on Page 56 of the Pembroke Strategic Growth Area 4 Implementation Plan, as 31 more fully appears in Section 2 of the attached Exhibit A; 32 33 3. The amendment of the section of the Pembroke Strategic Growth Area 4 34 Implementation Plan entitled "Implementation Recommendations," under the sub- 35 heading entitled "Planning Land-Use Policies" on Page 61 of the Pembroke Strategic 36 Growth Area 4 Implementation Plan, as more fully appears in Section 3 of the Attached 37 Exhibit A; 38 39 4. The deletion of language regarding the redevelopment of Princess Anne 40 High School in the section entitled "Civic Places" on Page 27 of the Pembroke 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 Strategic Growth Area 4 Implementation Plan, as more fully appears in Section 4 of the Attached Exhibit A; 5. The revision of the map (Urban Master Plan) on Page 2-23 of the Policy Document of the Comprehensive Plan, as more fully appears in Section 5 of the Attached Exhibit A; and 6. The amendment of the General Recommendations for Pembroke Strategic Growth Area 4 on Page 2-26 of the Policy Document of the Comprehensive Plan, as more fully appears in Section 6 of the Attached Exhibit A. Adopted by the City Council of the City of Virginia Beach on the day . 2014. of APPROVED AS TO CONTENT Planniri606dartment CA12709 January 14, 2014 R-5 APPROVED AS TO LEGAL SUFFICIENC : ` I T •U City Attorney's Office 2 Exhibit A Pembroke Strategic Growth Area 4 Implementation Plan Amendments Adopted by Reference as Part of the Comprehensive Plan November 10, 2009 (Pages 22, 27, 31, 56, 57, 58 and 61 Pembroke Strategic Growth Area 4 Implementation Plan: Text to be deleted is shown as stF+kethFeugh. Text to be added is underlined.) 1. Page 22 URBAN DISTRICTS PLAN (Delete and replace with revised map) (Revised map) ; -- 1 Page 27 CENTRAL BUSINESS DISTRICT//CORE AREA MAP (Delete and replace with revised map) ,.-. . .i ???? `° ?'?'? ? \ l ? ? \ + ? a E o ? ? t ? r t 1 ? ,j '• i? Y;I•` F?f{'?? '• ?."' ?', .f'.,%±?s?'. ? ?rwn?twrnD.%S ???'?,? _ "lM: ..y . ?L??f ? ?• ?? ? ....,._..? ? - ° -- -- ? i r?• ?? 1 ? ? E • ? ??? ;? ? i ? ? ? ? (Revised map) ,.-. . ? I -?. . _ . . - _ ? ?F pnNt' 't , I `? ? , -, ? 1 ? 1 ? `' ' I r .`?.. +..........yr....??3,, ? r rs rZ.? I ?.?+?i•'i????t311.iY? "'??1;?rF3?.r?yyG! ?? 'I ti...yK??'? ?_. ..•__-_ ? f 1 1 ? ? __ ??. ? ., ee? . .? ? 2 Page 31 CENTRAL BUSINESS DISTRICT//WATERFRONT AREA (Delete and replace with revised map) r ? ? .[M'. y J 111 r C?[I 'iAND51 ?. r j s • ? ? +? 1 . r ? ` ? ` (Revised map) 3 Page 58 FORM BASED CODE CENTRAL BUSINESS DISTRICT//CORE AREA (Delete and replace with revised map) (Revised map) ?. . ; --s ? ? Vu,.? rr? t-? y? ; 'a"?`? .. :''fz ??}.rs:./? ?-1• . . : .. a -N ' aJ + ? ??' f"`.?.,.?,? •'? f :• + ? '_-r ?? + 1??7 rr: ? ? ,. ? ; ' ---'? , Page 58 II FORM BASED CODE I, CENTRAL BUSINESS DISTRICT//WATERFRONT AREA (Delete and replace with revised map) .• , ,. ,. •',?"t ? r .. , ? ? ' S 7 v ? •?niw.?t `i . ? ^ ? ? .. (Revised map) ?' - . . .? . ;,?•'?, ;;, -4 ?, r +?-?t"? ?rs-rF+`?.-' , . ; 1 f ????+?'' 1 ?»,? ? 4;? g/•1?) . ?+v+? V?a.y?.y-?/,J : ,?- ? r• ;; ?J„ ; in-rm1'X ? . .. ?. . ' i r--?_-•+ t`*_ ,+-?r?, ? ; ? ?? I 78a.YL? ? . .. "''?????t? ?? ?r.. 1 I If N ? 5 Page 56, second column FORM BASED CODE WHAT ARE FORM BASED DEVELOPMENT CODES? Of the area being regulated. It depicts the areas of the plan where different building form and streetscape standards will apply. Because they can regulate development at the scale of an individual building or lot, Form Based Codes allow a desired developmental pattern to occur in a more organic fashion, gradually allowing the area which it regulates to assume a preferred urban form through the independent development of many small sites within the plan by multiple property owners, Because of this, it is less likely that large land areas will need to be acquired in order to achieve the overall goal. Rather, the Form Based Code provides incentives for property owners to develop their sites in a way that supports the vision of the plan. As a result, areas regulated by Form Based Codes often contain a diversity of architecture, materials, uses, and ownership. ALTERNATIVE APPROACHES TO FORM BASED CODES While the use of form based codes is an effective tool in creatina a desirable urban form, the inclusion of a form based code in this Plan is not intended to implv that there are no other tvqes of zoninq requlation that foster, as stated in the Plan's Vision Statement: a central urban core with a vertical mix of urban uses, qreat streets mobilitv and transit alternatives urban qatherinq alaces, environmental and neiphborhood protection "qreen" buildinqs and infrastructure opqortunities providinq a varietv of civic, commercial artistic and ethnicallv diverse areas. Most imqortantlv the requlations qovernina development in the Pembroke SGA should be flexible in nature so as to ensure that develoqment meets the Citv's vision for the area while at the same time encouraaina creativitv in desian As an alternative to a form based approach an effective wav of accomplishina this obiective could be throuah the use of performance-based zonina in which a proqosed development would be allowed to deviate from the specific development standards prescribed in the ordinance bv providina a different form of development or an amenitv that serves the same or a closelv- related qurpose or purposes as the prescribed development standard For example, rather than strictlv conforminq to ordinance provisions reauirinq buildinq facades to be located close to the street so as to activate the street frontape bv providinp a walkable pedestrian-oriented streetscape, a development could include features such as open-air cafes plazas or public art that similarlv activate the street frontaae and provide an interestinq aedestrian-oriented streetscaqe. In liqht of the foreqoinq considerations it should be understood that the form based code aqpearinq below is not intended to be the exclusive means of reaulatinp the form of develooment in the Pembroke SGA nor is form based zoninq necessarilv the most effective aqqroach to codina the various districts within the SGA in everv case The form based code shown on the followin4 aaaes does, however, illustrate what such a code miqht look like if chosen as the zoninq ordinance for the Pembroke SGA. 6 r O Core Wigh High 0 to Minimal Geiwral hQedimn Medium Mimmal Edge Low LQw Typical Pressnre lJane Nane N/A Special Existing Exis6ng Existirtg 3. Page 61 IMPLEMENTATION RECOMMENDATIONS PLANNING LAND-USE POLICIES ? Develop a form based code or other code establishing a regulatory framework for each district that is consistent with the goals and objectives of this Plan. 4. Page 27 CENTRAL BUSINESS DISTRICT//CORE AREA CIVIC PLACES 7 Comprehensive Plan Policy Document Revisions Chapter 2: Urban Area Strategic Growth Area 4- Pembroke (Pages 2-23 and 2-26, Policy Document: Text to be deleted is shown as Text to be added is underlined.) STRATEGIC GROWTH AREA 4 PEMBROKE 5. Page 2-23 URBAN MASTER PLAN DISTRICTS (Delete and replace with revised map) s ?? ,.._ . ..?. , F ; : '. . [ ?EIJY[ t ?. I JL . .,. M . .?,. . '.. .?_. : __ .._. .. , ....,. ? ? w F40 • .. ? .. ,,. , _ . . _ r f . r r ?4? ]i •. f4 ? . (Revised map) [???cy,,, . . . . . ..>... - ;t ? . n?nircs . uDitcu?iui?} i l.. . s rF `i _ __-. . - flLYTP4tL?ll.'?'•1?044141..: -. ? 7''Lt.:L. . ... .., -• _'_. :: ..,,?,? u-?'"Ca.y. r_._._ ,?; , ?,. . ,•--? _ ? ? . JK.. ,??._ ... ? ? zpt .?' . 8 6. Page 2-26 GENERAL RECOMMENDATIONS FOR PEMBROKE STRATEGIC GROWTH AREA 4 ? Tailor a Form Based or other Code Ps*ah>;shing a regulatorv framework for each district that is consistent with the goals and objPctives of this Plan. 1 AN ORDINANCE TO AMEND AND 2 REORDAIN SECTIONS 5.5, 5.6.13 AND 5.14 3 OF THE SITE PLAN ORDINANCE, 4 PERTAINING TO EXCEPTIONS IN 5 DISTRICTS INTENDED TO IMPLEMENT 6 STRATEGIC GROWTH AREA PLANS 7 8 WHEREAS, the public necessity, convenience, general welfare and good zoning 9 practice so require; 10 11 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 12 OF VIRGINIA BEACH, VIRGINIA: 13 14 That Sections 5.5, 5.613 and 5.14 of the Site Plan Ordinance are hereby 15 amended and reordained, to read as follows: 16 17 Sec. 5. Minimum standards and specifications required. 18 . ... 19 20 5.5. Except within ' zoninq districts intended 21 to implement Strateqic Growth Area Plans, transitional buffers shall be 22 placed between incompatible land uses, and landscaping shall be required 23 within and at the perimeter of vehicular use areas, in accordance with the 24 standards of the department of planning. The type and exact location of 25 these buffers shall be as determined by the zoning ordinance [3], or under 26 the provisions of a use permit issued pursuant thereto, or by any other 27 ordinance of the City of Virginia Beach. 28 .... 29 30 5.6.B. Except within ' zoninq districts intended 31 to implement Strateqic Growth Area Plans, a percentage of the lot area 32 within all multifamily developments shall be devoted to recreation and/or 33 usable open space, as prescribed by the zoning ordinance. [4] 34 35 .... 36 37 5.14. Except within ' zoninq districts intended 38 to implement Strateqic Growth Area Plans, in any condominium 39 development consisting of single family, duplex or attached dwellings, the 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 developer shall provide open space at the following rates according to the zoning category in which the project lies: Minimum Lot Size of Zoning Category Less than 5,000 sq. ft. 5,000-7,499 sq. ft. 7,500-9,999 sq. ft. 10,000-14,999 sq. ft. 15,000-19,999 sq. ft. 20,000-29,999 sq. ft. 30,000-39,999 sq. ft. 40,000 sq. ft. or greater % of Total Land Required for Open Space 15% 12% 10% 8% 7% 6% 5% 3% If more than one rate applies to a project, then that rate which results in the lesser amount of open space shall be the governing rate. Means of provision and other regulations pertaining to open space shall be as provided in section 4.5 of the subdivision ordinance. COMMENT The amendments specify that the amended subsections do not apply in zoning districts, such as the Central Business Core District, that are intended to implement Strategic Growth Area Plans. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2014. APPROVED AS TO CONTENT: '?J' Vill I - Plan i g I&Partment CA12727 R-2 January 14, 2014 APPROVED AS TO LEGAL SUFFI ENCY: City Attorney's Office 2 1 AN ORDINANCE ESTABLISHING TRANSITION RULES 2 FOR THE REVIEW OF SITE PLANS, SUBDIVISION PLATS 3 AND OTHER PLANS OF DEVELOPMENT FOR 4 PROPERTY IN THE CBC CENTRAL BUSINESS CORE 5 DISTRICT 6 7 8 WHEREAS, the public necessity, convenience, general welfare and good zoning 9 practice so require; 10 11 WHEREAS, the City Council has created the CBC Central Business Core District 12 and adopted new zoning, subdivision and site plan regulations applicable to property 13 within the District; and 14 15 WHEREAS, the regulations pertaining to development in the CBC Central 16 Business Core District differ significantly from those previously applicable to property 17 within the territory encompassed by the District; and 18 19 WHEREAS, it is the sense of the City Council that special transition rules should 20 be adopted to govern certain development applications that were not approved by the 21 City prior to the effective date of the Ordinance; 22 23 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA: 25 26 1. That the following rules shall apply to the review of site plans, subdivision 27 plats and other plans of development for property located within the CBC Central 28 Business Core District: 29 30 (a) Any subdivision plat, site plan or other plan of development pertaining to 31 property within the territory encompassed by the CBC Central Business 32 Core District that has been accepted for review, but has not been 33 approved by the City on or before the close of business on the date of 34 adoption of the ordinance establishing the CBC Central Business Core 35 District, shall not be subject to the regulations pertaining to the CBC 36 Central Business Core District, but shall, for a period of one hundred 37 eighty (180) days from the aforesaid date, be subject to the ordinances 38 and regulations of the City applicable to such property in effect on the date 39 such plat, site plan or other plan of development was accepted for review 40 by the City. 41 42 (b) If such site plan, subdivision plat or other plan of development is not 43 approved within the aforesaid 180-day period, all further development that 44 is the subject of such site plan, subdivision plat or other plan of 45 development shall be subject to the subject to the regulations pertaining to 46 the CBC Central Business Core District, as well as to all other applicable 47 laws, ordinances, regulations and standards. 48 49 BE IT FURTHER ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 50 BEACH, VIRGINIA: 51 52 That nothing in this ordinance shall be construed to affect any vested rights 53 which existed as of the effective date of the Ordinance. 54 55 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 56 of , 2014. APPROVED AS TO CONTENT P4ffn g epartment APPROVED AS TO LEGAL SUFFICIENCY: 1SW A A)MI, City Attorney's ffice CA-12465 R-2 January 14, 2014 2 u ? 4° ?+ f si CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH - An Ordinance to Amend 33-114.3 of the City Code, Pertaining to Encroachments Allowed Pursuant to the Regulations of a Zoning District MEETING DATE: February 25, 2014 ¦ Background: Section 33-114.3 of the City Code currently provides for administrative approval of outdoor cafes that encroach into public rights-of-way in the B-3A Pembroke Central Business Core District. It also provides the same in the Oceanfront Resort District for encroaching signs and other structures, as allowed by the Form-Based Code. The changes below are necessitated by the proposed amendments to the Zoning Ordinance creating the Central Business Core (CBC) District. ¦ Considerations: The amendments to 33-114.3(a) expand the provisions of the subsection to outdoor cafes and other storefront uses in any current or future zoning district that implements a SGA Plan. The current ordinance is limited in its application to the B-3A Pembroke Central Business Core District and the B-4C Central Business Mixed Use District. The amendments also add a requirement that such outdoor cafes and other storefront uses must substantially conform to applicable design guidelines for the district in which they are located. The amendments to 33-114.3(b) provide that encroaching signs and other uses or structures that are expressly authorized by the regulations of a current or future zoning district intended to implement a Strategic Growth Area Plan or the B-4C Central Business Mixed Use District are exempt from the prohibition of encroaching structures contained in Section 33-114.1, so long as they comply with the applicable requirements of the zoning district in which they are located. Such encroachments are not subject to the $250.00 fee applicable to other encroachments. ¦ Recommendations: The amendments to Section 33-114.3 of the City Code are associated with the proposed amendments to the Zoning Ordinance, including the addition of Article 22, establishing the Central Business Core (CBC) District. The Planning Commission acted on those amendments; however, the proposed amendments City of Virginia Beach - Amendments to Section 33-114.3 of the City Code Page 2 of 2 to Section 33-114.3 are outside its purview. Approval of the amendments is recommended. ¦ Attachments: Ordinance Recommended Action: Approval Submitting De me gency: Planning Department City Manager: ?C..M 1 AN ORDINANCE TO AMEND 33-114.3 OF THE CITY 2 CODE, PERTAINING TO ENCROACHMENTS 3 ALLOWED PURSUANT TO THE REGULATIONS OF 4 A ZONING DISTRICT 5 6 Section Amended: City Code Section 33-114.3 7 8 9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 10 VIRGINIA: 11 12 That Section 33-114.3 of the City Code is hereby amended and reordained to read as 13 follows: 14 15 16 CHAPTER 33. STREETS AND SIDEWALKS 17 18 .... 19 20 ARTICLE VI. ENCROACHMENTS INTO PUBLIC STREETS AND OTHER PUBLIC 21 WAYS, PLACES OR PROPERTY 22 23 .... 24 25 26 Sec. 33-114.3. Administrative approval of encroachments by outdoor cafes, etc., 27 within certain zoning districts. 28 29 Notwithstanding the provisions of section 33-114.1 of this Code: 30 31 (a) The city manager or his designee may, and is hereby vested with the authority to, 32 approve " encroachment, upon or over any public street or sidewalk in th,? ?-?°ernbFoke 33 o°^+r°l R„s;^°°s r„ro n,S+.,G anv zoninq district intended to implement a Strateqic Growth 34 Area Plan or the B-4C Central Business Mixed Use District, by outdoor cafes or portions 35 thereof or other storefront uses, provided that such encroachment substantially conforms to 36 applicable desiqn quidelines for the district in which it is located. a+ le^s+ oinht (Q) foo+ „f 37 38 6UGh . Such encroachments shall Gonferm also comply with all applicable 39 zoning and building codes, regulations and standards; a-Rd. 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 (b) Encroaching signs and other uses or structures, other than encroachments authorized pursuant to subsection (a), expressly allowed pursuant to the prey+sie?a-s requlations of th, n^°^^fr^^+ Qo6,,.+ n;S+F;,.+ Cnrm Rasorl r,,dQ anv zoninq district in which encroachinq siqns or other structures are allowed shall be permitted, without payment of the fee prescribed in Section 33-113 of this Code, in accordance with the Y°ryromcn4s applicable te requlations of such eas district. The failure to comply with any r°ryromo„f provision applicable to such an encroachments shall be cause for the removal thereof in accordance with Section 33-114.1 of this Code. (,c) Notwithstandinq the provisions of subsection (a) open-air cafes on public propertin the OR Oceanfront Resort District or the RT-1 or RT-3 Resort Tourist Districts shall require the approval of the City Council pursuant to franchise and shall be subiect to the provisions of the Resort Open Air Cafe Guidelines. COMMENT The amendments to subsection (a) expand the provisions of the subsection to outdoor cafes and other storefront uses in any zoning district that implements an SGA Plan. The current ordinance is limited in its application to the B-3A Pembroke Central Business Core District and the B-4C Central Business Mixed Use District. The amendments also add a requirement that such outdoor cafes and other storefront uses must substantially conform to applicable design guidelines for the district in which they are located. The amendments to Subsection (b) provide that encroaching signs and other uses or structures that are expressly authorized by the regulations of a zoning district intended to implement a Strategic Growth Area Plan or the B-4C Central Business Mixed Use District are exempt from the prohibition of encroaching structures contained in Section 33-114.1, so long as they comply with the applicable requirements of the zoning district in which they are located. Such encroachments are not subject to the $250.00 fee applicable to other encroachments. Subsection (c) makes an exception for Resort Open-Air Cafes, which remain subject the traditional franchise approval process. Adopted by the City Council of the City of Virginia Beach on the day of .2014. CA-12705 November 15, 2013 R-4 2 82 83 APPROVED AS TO CONTENT: 84 85 86 87 88 APPROVED AS TO LEGAL SUFFICIENCY: . Depa t Planning City Attorney's Office L 3 u+u e "'''1 ro?? M?y?• ? CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH - An Ordinance to Amend Section 401 of the City Zoning Ordinance, Pertaining to Farm Stands in Agricultural Districts. MEETING DATE: February 25, 2014 ¦ Background: The proposed amendments to Section 401 of the City Zoning Ordinance have been prepared in response to requested changes to Farm Stand regulations for the purpose of providing increased opportunities for the sale of goods and for agriculturally-related educational activities. The City Council deferred this item at its February 11, 2014 meeting. ¦ Considerations: The amendments propose the following changes to Section 401 of the Zoning Ordinance: 1. Farm Stands in excess of 2,500 square feet in area, exclusive of rest rooms and hand-washing facilities, are allowed as a conditional use in the AG-1 and AG-2 Agricultural Districts. Such Farm Stands are subject to the same provisions, other than area limitations, as smaller Farm Stands allowed as accessory uses under subsection (b)(1). 2. Although the current ordinance allows a Farm Stand to have 2500 square feet, only 1000 square feet can be used for retail sales and display. The proposed amendment to subsection (b)(1) allows retail sales and display areas within the entire 2500 square foot space. Rest rooms and hand-washing facilities do not count toward the 2500 square foot maximum. 3. The amendments to subsection (b)(1)(v) allow additional items to be sold at Farm Stands. Those items include: (1) T-shirts displaying exclusively the name of the Farm Stand or other identifying information concerning the owner or operator of the Farm Stand; (2) bottled water; (3) locally-produced eggs, and (4) locally- produced milk and other dairy products. The amendments also require that baked goods be locally produced and change the prohibition against selling repackaged goods to one prohibiting the sale of relabeled goods. 4. The amendments allow agriculturally-related educational activities as permitted uses in Agricultural Districts, subject to the same limitations as agriculturally- related amusement and recreational activities such as farm tours, petting zoos, etc. City of Virginia Beach - Farm Stands in AG Districts Page 2 of 2 The proposed amendments have been reviewed and endorsed by the Agricultural Advisory Commission. There was no opposition to the proposed amendments. ¦ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of the proposed amendments to the City Council. ¦ Attachments: Staff Review Minutes of Planning Commission Hearing Ordinance Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: k , b`?? D4 January 8, 2014 Public Hearing CITY OF VIRGINIA BEACH AMENDMENT TO ZONING ORDINANCE / FARM STANDS IN AG DISTRICTS REQUEST: An Ordinance to Amend Section 401 of the City Zoning Ordinance, Pertaining to Farm Stands in Agricultural Districts. SUMMARY OF AMENDMENT The amendments propose the following changes to Section 401 of the Zoning Ordinance: 1. Farm Stands in excess of 2,500 square feet in area, exclusive of rest rooms and hand-washing facilities, are allowed as a conditional use in the AG-1 and AG-2 Agricultural Districts. Such Farm Stands are subject to the same provisions, other than area limitations, as smaller Farm Stands allowed as accessory uses under subsection (b)(1). 2. Although the current ordinance allows a Farm Stand to have 2500 square feet, only 1000 square feet can be used for retail sales and display. The proposed amendment to subsection (b)(1) allows retail sales and display areas within the entire 2500 square foot space. Rest rooms and hand-washing facilities do not count toward the 2500 square foot maximum. 3. The amendments to subsection (b)(5) allow additional items to be sold at Farm Stands. Those items include: (1) T-shirts displaying exclusively the name of the Farm Stand or other identifying information concerning the owner or operator of the Farm Stand; (2) bottled water; (3) locally- produced eggs, and (4) locally-produced milk and other dairy products. The amendments also require that baked goods be locally produced and change the prohibition against selling repackaged goods to one prohibiting the sale of relabeled goods. 4. The amendments allow agriculturally-related educational activities as permitted uses in Agricultural Districts, subject to the same limitations as agriculturally-related amusement and recreational activities such as farm tours, petting zoos, etc. RECOMMENDATION The proposed amendments respond to requested changes to Farm Stand regulations for the purpose of providing increased opportunities, and have been reviewed and endorsed by the Agricultural Advisory Commission. Staff, therefore, recommends approval of the amendments. CITY OF VIRGINIA BEACH / Farm Stands in AG Districts Agenda Item D4 Page 1 Item #D4 City of Virginia Beach An Ordinance to Amend Section 401 of the City Zoning Ordinance Pertaining To Farm Stands in Agricultural Districts January 8, 2014 CONSENT A motion was made by Jeff Hodgson and seconded by Chris Felton to approved item D4. AYE 10 FELTON AYE HODGSON AYE HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUS50 AYE THORNTON AYE NAY 0 ABS 0 ABSENT 0 A verbal vote was made by Commissioner Oliver. Vote machine not registering vote. By a vote of 10-0, the Commission approved item D4 by consent. Karen Lasley appeared before the Commission on this item. 1 AN ORDINANCE TO AMEND SECTION 401 OF THE 2 CITY ZONING ORDINANCE, PERTAINING TO 3 FARM STANDS IN AGRICULTURAL DISTRICTS 4 5 Section Amended: City Zoning Ordinance Section 401 6 7 WHEREAS, the public necessity, convenience, general welfare, and good zoning 8 practice so require; 9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 10 BEACH, VIRGINIA: 11 That Section 401 of the City Zoning Ordinance, pertaining to farm stands in 12 Agricultural Districts, is hereby amended, to read as follows: 13 Sec. 401. Use regulations. 14 (a) Principal and conditional uses. The following chart lists those uses 15 permitted within the AG-1 and AG-2 Agricultural Districts. Those uses and structures in 16 the respective agricultural districts shall be permitted as either principal uses indicated 17 by a"P" or as conditional uses indicated by a"C." Uses and structures indicated by an 18 "X" shall be prohibited in the respective districts. No uses or structures other than as 19 specified shall be permitted. 20 21 Use AG-1 AG-2 22 .... 23 Farm stands in excess of 2,500 24 square feet in area, exclusive 25 of rest rooms and hand-washinq 26 facilities subiect to the provisions 27 of Sections 401(b)(1)(ii) throuqh 28 401(b)(1)(v) C C 29 30 31 COMMENT 32 The amendments add farm stands in excess of 2,500 square feet in area, exclusive of rest 33 rooms and hand-washing facilities, as a conditional use in the AG-1 and AG-2 Agricultural 34 Districts. Such farm stands are subject to the same provisions, other than area limitations, as 35 smaller farm stands allowed as accessory uses under subsection (b)(1). 36 (b) Accessory uses and structures. Uses and structures which are customarily 37 accessory and clearly incidental and subordinate to principal uses and structures, 38 including but not limited to: 39 (1) In connection with agricultural uses, no more than one (1) roadside 40 farm stand for the sale of agricultural products and related items as 41 set forth below, provided that: 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 .... 69 70 71 (i) No such stand shall , foo+ in flnnr ro ucor! fnr ro+ail caloo anrJ rlisplay, have a total floor area in excess of two thousand, five hundred (2,500) square feet excludinq rest rooms and hand washinq facilities, or be greater than ten (10) feet in height as measured from ground level to eaves; (ii) No stand shall be erected within fifty (50) feet of the property line fronting on any street; (iii) The operator of the stand must be the owner or operator of the agricultural property on which the stand is located; (iv) A substantial portion of the items sold from the stand shall have been grown, made or produced locally; (v) Items sold shall be limited to farm produce, locally-harvested seafood, ornamental plants, flowers, hanging baskets, hand- crafted items, T-shirts displayinq exclusively the name of the farm stand or other identifyinq information concerninq the owner or operator of the farm stand, vegetable plants, herbs, honey, maple syrup, jams, jellies, bottled water, locally- produced juices and cider, locallv-produced milk and other dairv products, relishes, pottery, locally-produced baked goods, locally-produced eqqs, and similar items. Items which shall not be sold include, without limitation, tobacco products, alcoholic beverages, clothing, except as expressly allowed, bottled or canned beverages, except as expressly allowed, pet and animal feedl and FepaGkaged relabeled goods. COMMENT The amendment to subdivision (b)(1) allows retail sales and display areas at farm stands that are permitted as accessory uses to occupy a greater area than the current ordinance, which 2 72 limits such areas to 1,000 square feet, so long as the total area of the farm stand, other than that of 73 rest rooms and hand-washing facilities, does not exceed 2,500 square feet. 74 The amendments to subdivision (b)(5) allow additional items to be sold at farm stands. 75 Those items include: (1) T-shirts displaying exclusively the name of the farm stand or other 76 identifying information concerning the owner or operator of the farm stand; (2) bottled water; (3) 77 locally-produced eggs, and (4) locally-produced milk and other dairy products. The amendments 78 also require that baked goods be locally produced and change the prohibition against selling 79 repackaged goods to one prohibiting the sale of relabeled goods. 80 (c) Agriculturally-related educational activities and recreational and 81 amusement activities such as farm tours, petting, feeding and viewing of farm animals, 82 hayrides, crop mazes, animal walks, horse and pony rides, and similar activities shall be 83 allowed under the following conditions: 84 (1) Such activities shall be subordinate to, and conducted in 85 conjunction with, an ongoing bona fide agricultural or silvicultural 86 operation; 87 (2) Vehicular parking shall not be allowed on public streets, or within 88 one hundred (100) feet of any residence, except a residence 89 located on the site of the activity; 90 (3) Such activities shall be conducted only between the hours of 8:-89 91 7:00 a.m. and sunset; and 92 (4) Signs shall be nonilluminated and limited to one sign not exceeding 93 sixteen (16) square feet in area. 94 In the event any provision of this subsection conflicts or is otherwise inconsistent 95 with any other provision of this ordinance, the provisions of this subsection shall control; 96 provided, however, that no use otherwise permitted hereunder which constitutes, or 97 requires the excavation of, a borrow pit, as defined in section 111, shall be allowed 98 except by conditional use permit. 99 (d) Special restrictions in Accident Potential Zone 1(APZ-1). No use or 100 structure shall be permitted on any property located within Accident Potential Zone 1 101 (APZ-1) unless such use is designated as compatible in APZ-1 in Table 2("Air 102 Installations Compatible Use Zones Land Use Compatibility in Accident Potential 103 Zones") of section 1804; provided, however, that any use or structure not designated as 104 compatible shall be permitted as a replacement of the same use or structure if the 105 replacement use or structure is of equal or lesser density or intensity than the original 106 use or structure. 107 3 108 COMMENT 109 The amendments allow agricultu rally- related educational activities as permitted uses in 110 Agricultural Districts, subject to the same limitations as agriculturally-related amusement and 111 recreational activities such as farm tours, petting zoos, etc. 112 Adopted by the City Council of the City of Virginia Beach on the day of 2014. APPROVED AS TO CONTENT: )?W$ ?= - Plannin Department APPROVED AS TO LEGAL SUFFICIENCY: i / ;. City A torney's Office CA-12801 R-4 December 20, 2013 4 M. APPOINTMENTS GREEN RIBBON COMMITTEE HISTORIC PRESERVATION COMMISSION HUMAN RIGHTS COMMISSION INVESTIGATIVE REVIEW PANEL PERSONNEL BOARD PROCESS IMPROVEMENT STEERING COMMITTEE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION (VBCDC) 2040 VISION TO ACTION COMMUNITY COALITION COMMISSION WORKFORCE HOUSING ADVISORY COMMITTEE N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT *?****?*****??*************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ****?******+**************+***** CITY COUNCIL RETREAT Economic Development Office Town Center Monday, September 8, 2014 2014 CITYHOLIDAYS ll9ernorial 1)a)' - ,M'orrdcrY, Mizj, 26 Irxcleperzrlcrrace I)crY - Frirluy, .JuCy= 4 Ltzbnr Day, - tVlonrlrrY, September / Veteran.s 1)crV - Tr.resrlay9 !Voveinber• 11 Tltcinksgivirtg ltay urrd latty trf'ter Tfztinlcsgivirrg - Tlaursrfcry, Nonember 27 rrticl Frzdcq-, ?Nouerrzber• 28 C'hrisinlccs Eve (/zcrC,f-ctn,j) - t?t%etlnesttnY, Decczmher 29 Clrrislnarr,s Drzy - '1'/zursdtrY, 1)ec°errz6er 25 02/25/2014/gw CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R O S DATE: 02/I 1/2014 PAGE: 1 S- H S AGENDA H M A E W ITEM # SUBJECT MOTION VOTE E J A M S U I D N O K R M M S H L W Y L N A T O O O R S O E E E N 1 S N M I O O R Y S E N S D S N N D 1. CITY MANAGER'S BRIEFINGS A. VIRGINIA BEACH CRIME Chief James STATISTICS Cervera, Police Department B. LESNER BRIDGE BID/FUNDING ANALYSIS Dave Hansen, Deputy City Manager ll/IIVNN/ CERTIFICATION OF CLOSED CERTIFIED 10-0 Y Y Y Y Y Y Y A Y Y Y VI-E SESSION F. MINUTES APPROVED 10-0 Y Y Y Y Y Y Y A Y Y Y INFORMAL and FORMAL SESSIONS - January 14/28, 2014 G/H MAYOR'S PRESENTATION VIRGINIA BEACH RED RAIDERS TO BE FOOTBALLTEAM RESCHEDULED Amateur Athletic Union (AAU) National Championship - Runner-up Dwayne Lowry, Coach 1 BID OPENING B Y C O N S E N S U S VBPB 1. LEASE OF CITY-OWNED BID ACCEPTED @ PROPERTY PRINCESS ANNE Princess Anne Commons COMMONS "Baseball Park" NO OTHER BID OFFERED J PUBLIC HEARINGS: l. LEASE OF CITY-OWNED PROPERTY a. Princess Anne Commons No Speakers "Baseball Park" b. 3315 Atlantic Avenue - Cafe No Speakers Franchises 2. EXCESS CITY-OWNED PROPERTY a. 108 Bob Lane No Speakers b. Dam Neck and Landstown Roads No Speakers -YMCA K-l Ordinances to AMEND the City Code: ADOPTED, BY 10-0 Y Y Y Y Y Y Y A Y Y Y CONSENT a. §§2-345/2-346 re Public Records Management b. '23-51 re Tattoo Ar[ists CITY OF VIRCINIA BEACH SUMMARY OF COUNCIL ACTIONS R O S DATE: 02/11/2014 PAGE: 2 S' H S AGENDA H M A E W ITEM # SUBJECT MOTION VOTE E J A M S U 1 D N O K R M M S H L W Y I. N A T O O O R S O E E E N 1 S N M I O O R Y S E N S D S N N D 2 Ordinance to DECLARE property in EXCESS of the Ciry's needs/AUTHORIZE: a. Dedication at Dam Neck/Landstown ADOPTED, AS 9-1 Y Y Y Y Y N Y A Y Y ti' Roads to YMCA of South AMENDED Hampton Roads DISTRICT 7 - PRINCESS ANNE b. Sale at 108 Bob Lane to Grover J. ADOPTED, BY 10-0 Y Y Y Y Y Y Y A Y Y Y Davis CONSENT DLSTRICT 6 - BEACH 3 Ordinance to AMEND §4 of the ARP DEFERRED TO 10-0 Y Y Y Y Y Y Y A Y Y Y Ordinance re "Agricultural Use" 2/25/14, BY CONSENT 4 Ordinance to ENDORSE the Cavalier ADOPTED, BY 8-2 N Y Y Y Y N Y A Y Y Y Association Project/AUTHORIZE CONSENT Tourism Gap Financing 5 Ordinances to AUTHORIZE/ EXECUTE: a. Lease at Princess Anne/Landstown ADOPTED, BY 10-0 Y Y Y Y Y Y Y A Y Y 'e Roads to VBPB re a baseball CONSENT complex within Princess Anne Commons b. MOA between Hampton Roads ADOPTED, BY 9-1 Y Y Y Y Y N Y A Y Y 'Y Sanitation DistricUmember localities CONSENT re the Regional Wet Weather Management Plan C. Deed of Release/Exchange re ARP ADOPTED, BY 10-0 Y Y Y Y Y Y Y A Y Y Y" easement for the Frost family at CONSENT Land of Promise/Blackwater Roads DISTRICT 7 - PRINCESS ANNE d. Utility Service Agreement with City ADOPTED, BY 10-0 Y Y Y Y Y Y Y A Y Y Y of Chesapeake re sewer/water to CONSENT Charlestown Shores 6 CAPE HENRY LIGHTHOUSE Phase II ADOPTED, BY 10-0 Y Y Y Y Y Y Y A Y Y Y restoration project: CONSENT a. Resolution to AUTHORIZE Agreements re: Administration b. Ordinance to ACCEPT/APPROPRIATE $200,000 CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R O 5 DATG: 02/11/2014 PAGE: 3 5' H S AGENDA H M A E W ll'EM # SUBJECT MOTION VOTE g ) A M S U I D N O K R M M S H L W Y L N A T O O O R S O E E E N I S N M I O O R Y S E N S D S N N D 7 Ordinance to GRANT Franchise ADOPTED, BY 10-0 Y Y Y Y Y Y Y A Y Y Y Agreements to Gold Key/PHR Food CONSENT Services, LLC re Open Air Cafes at 3315 Atlantic Avenue 8 Resolutions re VDOT Urban ADOPTED, BY 10-0 Y Y Y Y Y Y Y A Y Y Y Maintenance: CONSENT a. ACCEPT additional streets b. CORRECT Road Inventory 9 Ordinance to CONFIRM Dedaration of ADOPTED, BY 10-0 Y Y Y Y Y Y Y A Y Y Y Local Emergency re the snow storm CONSENT January 28-31, 2014 10 Resolution to COMMEND City ADOPTED, BY 10-0 Y Y Y Y Y Y Y A Y Y Y Clerk/Staff for extraordinary public service CONSENT to the citizens of Virginia Beach 11 Ordinances to ACCEPT/ ADOPTED, BY 10-0 Y Y Y Y Y Y Y A Y Y Y APPROPRIATE: CONSENT a. $50,000 from Va Emergency Management to City Emergency Management b. $200,000 Virginia Governor's Opportunity Fund Award to Development Authority c. $473,150 from VDOT re urban maintenance/resurfacing L-] MARK E. THOMASSY/106 62"o APPROVED/ 10-0 Y Y Y Y Y Y Y A Y Y ti' STREET/Chanize in a Nonconforming Use CONDITIONED B1' CONSENT re elevator at 106 62"d Street DISTR]CT 5 - LYNNHAVEN. 2 HALL AUTO, LLC/HALL APPROVED/ 10-0 Y Y Y Y Y Y Y A Y Y Y NISSAN/HALL OLLISION/VIRGINIA CONDITIONED BY CONSENT E. CORNICK TRUST Modification of a CUP re ADDING painting booth/changes to fencing/storage lodbulk storage for towed vehicles at 3757/3769 Bonney Road DISTRICT 5 - LYNNHAVEN. C/TY OF VIRGIMA BEACH SUMMARY OF COUNC/L ACTIONS R O S DATE: 02/11/2014 PAGE: 4 S- H S AGENDA H M A E W ITGM # SUBJECT MOT[ON VOTE E J A M S U I D N O K R M M S H L W Y L N A T O O O R S O E E E N t S N M I O O R Y S E N S D S N N D 3 LOTSALISA, LLC Modification of a APPROVED/ 10-0 Y Y Y Y Y Y Y A Y Y Y CUP re Wawa Convenience Store at 1600 CONDITIONED BY CONSENT General Booth Boulevard DISTRICT 7 - PRINCESS ANNE 4 Special Exceptions for Alternative APPROVED/ 10_0 y y y Y Y Y Y A Y Y Y Compliance to Oceanfront Resort Form- CONDITIONED BY CONSENT Based Code: DISTRICT 6 - BEACH a. CATCH A WAVE, LLC re a commercial parking lot at 2206-2210 Paciftc Avenue b. LINJON PACIFIC, LLC re a mixed use building at 2607 Pacific Avenue 5 MG HOMES, LLC/TRUSTEES OF APPROVED/ 10-0 Y Y Y Y Y Y Y A Y Y Y TIDEWATER UNITED CHURCH OF PROFFERED/ CONDITIONED CHRIST re West Neck/North Landing Roads: DISTRICT 7 - PRINCESS ANNE a. Conditional COZ from 0-2 to Conditional R-SS b. Modification of a CUP re residential development 6 CHRISTIE ROTHER, JENNIFER APPROVED/ 10-0 Y Y Y Y Y Y Y A Y Y Y FEDOROWICZ/TROY SCOGGIN at PROFFERED/ CONDITIONED, 2310 Princess Anne Road BY CONSENT DISTRICT 7- PRINCESS ANNE a. Conditional COZ from 0-1 to Conditional B-1 b. CUP re a retail "specialty shop" 7 CITY to AMEND § 401 of the CZO re DEFERRED TO 10-0 Y Y Y Y Y Y Y A Y Y 5' Farm Stands in Agricultural Districts 2/25/14, BY CONSENT L APPOINTMENTS RESCHEDULED g y C O N S E N S U S PLANNING COMMISSION PROCESSIMPROVEMENT STEERING COMMITTEE VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION VBCDC CITY OF V/RGINIA BEACH SUMMARY OF COUNClL ACTIONS R O S DnTE: 02/11/2014 PAGE: 5 S- H S AGENDA H M A E W ITF.M # SUBJECT MOTION VOTE E ) A M S U I D N O K R M M S H L W Y L N A T O O O R S O E E E N 1 S N M I O O R Y S E N S D S N N D CHESAPEAKE BAY Appointed 10-0 Y Y Y Y Y Y Y A Y Y Y PRESERVATION AREA BOARD Unexpired thru 12/31/14 + 3 years to 12/31/17 Ben Davenport HISTORIC PRESERVATION Reappointed 3-Yr. 10_0 y y Y Y Y Y Y A Y Y Y COMMISSION Term 1/1/14- 12/31/16 Glenn Carwell, Patrick McAtamney, Bernice Pope, Ann Ferrell Tata PERSONNEL BOARD Appointed 3-Yr. 10-0 Y Y Y Y Y Y Y A Y Y Y Term 3/1/14- 2/28/17 Robert S. Bracknell, Robert G. Scott RESORT ADVISORY Appointed 3-Yr. 10-0 Y Y Y Y Y Y Y A Y Y Y COMMISSION Term l/I/14- 12/31/16 Kristina Chastain Reappointed 3-Yr. Term 1/1/14- 12/3ll16 William D. Almond Michael Butler James H. Davis Preston Midgett Craig Roback Sylvia Strickland Kenneth Taylor Gerrie King West SOUTHEASTERN PUBLIC Confirmed 10_0 y y y Y Y Y Y A Y Y Y SERVICE AUTHORITY Governor's Appointment - 4 Yr. Term William `Bi1P, Sorrentino, Jr., P. E. TRANSITION AREA/ITA TRAFFIC Reppointed 3-Yr. 10_0 Y Y Y Y Y Y Y A Y Y Y AREA CITIZENS ADVISORY Term 3/1/14- 2/28/17 COMMITTEE Dr. Karen Kwasny, Michael B. Newbill CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R O S DATE: 02/11/2014 PAGE: 6 S' H S AGENDA H M A E W ITEM # SUBJECT MOTION VOTE g ] A M S U I D N O K R M M S H L W Y L N A T O O O R S O E E E N I S N M I O O L R Y S E N S D S N N D M/N/O ADJOURNMENT 8:03 PM PUBLIC COMMENT 8:04-8:43 PM - 9 Speakers