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HomeMy WebLinkAboutOCTOBER 7, 2014 AGENDACITY COUNCIL MAYOR WILLIAM D. SESSOMS, JR., At -Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 ROBERT M. DYER, Centerville - District I BARBARA M. HENLEY, Princess Anne District 7 SHANNON DS KANE, Rose Hall - District 3 BRAD MARTIN, P.E., At Large JOHN D. MOSS, At Large AMELIA ROSS-HAMMOND, Kempsville - District 2 JOHN E. UHRIN, Beach - District 6 ROSEMARY WILSON, At -Large JAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL APPOINTEES CITY MANAGER - JAMES K. SPORE CITY ATTORNEY - MARK D. STILES CITY ASSESSOR JERALD D. BANAGAN CITY AUDITOR - LYNDON S. REMIAS CITY CLERK - RUTH HODGES FRASER, MMC CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA 07 OCTOBER 2014 CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-9005 PHONE: (757) 385-4303 FAX (757) 385-5669 E- MAIL: Ctycncl@vbgov.com I. II. IV. V. MAYOR WILLIAM D. SESSOMS, JR. PRESIDING CITY MANAGER'S BRIEFING - Conference Room - A. HAZARDOUS STRUCTURE ABATEMENT Kellam and Eaton North Landing Road Property Andrew Friedman, Director Wells Freed, Code Enforcement Administrator Housing and Neighborhood Preservation CITY COUNCIL LIAISON REPORTS CITY COUNCIL COMMENTS CITY COUNCIL AGENDA REVIEW INFORMAL SESSION A. B. C. - Conference Room - CALL TO ORDER — Mayor William D. Sessoms, Jr. ROLL CALL COUNCIL RECESS TO CLOSED SESSION 4:00 PM 5:OOPM VI. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION: Father Daniel Malingumu Pastor, Church of the Ascension 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 September 16, 2014 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. PUBLIC HEARINGS 1. BYRNE MEMORIAL JUSTICE GRANT ALLOCATION 2. LEASE OF CITY -OWNED PROPERTY a. Virginia Beach Horseback, Inc. 3. SALE OF EXCESS CITY -OWNED PROPERTY a. Roselyn Lane b. Middle Lane and Indiana Avenue c. Middle Lane and Ohio Avenue d. Michigan Avenue e. Royal Haven Crest I. ORDINANCES/RESOLUTIONS 1. Ordinances to AMEND the City Code: a. Appendix K re floodplains, flood insurance rate maps and the requirements of the National Flood Insurance Program I I b. Section 10-1 re name changes at polling locations and ADD Section 10-1.1 re satellite absentee voting (1) Aragona Precinct to Bayside Sixth Grade Campus (2) Foxfire Precinct to Kemps Landing/Old Donation School c. Section 27-5 re service charge for security system false alarms requiring the Police Department to respond 2. Ordinances to DECLARE EXCESS City -owned property and AUTHORIZE the City Manager to sell same: DISTRICT 6 - BEACH a. 237, 239, 241, 243, 245 and 249 Roselynn Lane, 208 Middle Lane and 1530 Indiana Avenue to Bishard Development Corporation b. 2261 Royal Haven Crest to Bishard Development Corporation c. 209 Middle Lane, 1533, 1541 and 1543 Ohio Avenue to Cashvan Homes, LLC d. 1548 Michigan Avenue to Dockey Lee Warren 3. Resolution to AUTHORIZE a formal "sister city" relationship between Virginia Beach and Olonogapo, Philippines; and, direct the City Clerk to forward this Resolution to Sister Cities International for the issuance of a charter 4. Resolution to AUTHORIZE and DIRECT the City Manager to EXECUTE a Revised Consent Order between the Virginia Water Control Board and the localities of Hampton Roads re the control of sanitary sewer system overflows 5. Resolution re ISSUANCE of Educational Facilities Revenue And Refunding Bond by the Economic Development Authority of Essex County not to exceed $2,665,000 for Chesapeake Bay Academy 6. Ordinance to REDUCE $1,077,733 re Oceana and Interfacility Traffic Area Conformity and Acquisition funds from the State with like funding from the City 7. Ordinance to RATIFY amendments to the Bylaws of the Parks and Recreation Commission 8. Resolution to ESTABLISH a Task Force to study the rising cost of the Elderly and Disabled Real Estate Tax Relief Program 9. Ordinance to GRANT a franchise to continue guided Horse Riding Tours on the Beach 10. Ordinances to AUTHORIZE temporary encroachments into portions of City -owned property: a. William S. Shelhorse and Sally C. Wise Living Trust re ramps, floating docks, boatlift and piles at 532 and 536 Southside Road, Lake Wesley DISTRICT 6 — BEACH b. Thomas K. Norment, Jr. and the Penny Combs Lane Revocable Living Trust re a bulkhead, existing pier and a floating dock at 2074 Tazewell Road DISTRICT 4 — BAYSIDE 11. Ordinances to ACCEPT, APPROPRIATE and TRANSFER funds: a. $1,251,131 from Federal Emergency Management Agency (FEMA) for the continued operation of the Virginia Task Force 2 Urban Search and Rescue Team and providing 3.25 grant -funded full time employees b. $135,000 re dredging of individual property basins for Bayville Creek Neighborhood and $170,000 and $150,000, respectively, from the Western Branch Lynnhaven River maintenance dredging to Bayville Creek Neighborhood and Old Donation Creek Area dredging c. $111,113 from the U.S. Department of Justice, Edward Byrne Justice Assistance Grant re: 1. $30,511 to Parks and Recreation 2. $29,732 to Community Corrections and Pretrial Office 3. $26,190 to the Police Department 4. $24,680 to the Sheriff's Office d. from the U.S. Department of Transportation Administration National Highway Traffic Safety Administration via the DMV: 1. $64,232 to Police re enforcement of DUI laws and $32,116 for a local Grant match 2. $52,000 re enforcement of seat belt laws e. $32,027 from the Virginia Department of Fire Programs to the Fire Department re the Fire Training Center f. $20,376 from the Oyster Heritage Trust Fund to Planning and Community Development to increase the oyster habitat in the Lynnhaven River Watershed g. $10,528 from the Parking Meters — Homeless Donation Fund to Housing and Neighborhood Preservation for allocation recommended by the Beach Community Partnership J. PLANNING 1. Application of CSA VIRGINIA BEACH, LLC for a Modification of Conditional Use Permit (Granted June 25, 2013) to modify Condition 1 re operating hours at 5070 Virginia Beach Boulevard DISTRICT 4 — BAYSIDE RECOMMENDATION APPROVAL 2. Application of VIRGINIA ELECTRIC & POWER COMPANY dba DOMINION VIRGINIA POWER for a Conditional Use Permit re expansion of an electric transformer station (Burton Station) at 5800 Sandpit Road DISTRICT 4 — BAYSIDE RECOMMENDATION APPROVAL 3. Applications of ICE MASTERS dba RINK SPECIALISTS /CITY OF VIRGINIA BEACH DISTRICT 6 - BEACH a. Alternative Compliance to the Oceanfront Resort District Form -Based Code to provide an entertainment venue that does not conform to the building type properties for a commercial building b. Conditional Use Permit (Outdoor Recreation Facility — Ice Skating Rink) at 204 and 206 3rd Street, 206 and 208 Atlantic Avenue and a portion of 108 Atlantic Avenue RECOMMENDATION APPROVAL 4. Application of MISSION ENTERPRISES, LLC for a Conditional Use Permit (eating and drinking establishment) at 501 Virginia Beach Boulevard DISTRICT 6 — BEACH RECOMMENDATION APPROVAL 5. Application of SPENCE CROSSING RESIDENTIAL, INC. for a Change of Zoning from Conditional PD -H2 (A-12) Apartment to P-1 Preservation to preserve open space at Salem Road and Lynnhaven Parkway DISTRICT 1 — CENTERVILLE RECOMMENDATION APPROVAL 6. Application of KEMPDEL, INC. for a Conditional Change of Zoning from Conditional B-1 Business to Conditional PD -H2 [A-12] re development of condominiums at 2020 Round Hill Road and 2725 South Independence Boulevard DISTRICT 1 — CENTERVILLE. RECOMMENDATION APPROVAL 7. Ordinances to AMEND the City Zoning Ordinance (CZO) a. Section 111, Defining "Craft Brewery," and Sections 901 and 1001 establishing craft breweries as a "Conditional Use" in the B-2 Community Business District and I-1 Light Industrial District and ADD a new Section 230 re requirements and standards for craft breweries RECOMMENDATION APPROVAL b. Section 211 of the City Zoning Ordinance (CZO) re signage on construction fences RECOMMENDATION APPROVAL K. APPOINTMENTS BOARD OF ZONING APPEALS CHESAPEAKE BAY PRESERVATION AREA BOARD DOMESTIC VIOLENCE FATALITY REVIEW TEAM TIDEWATER DISTRICT COMMISSION OF HAMPTON ROADS VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION L UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT ******************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ******************************* ***************************** PUBLIC COMMENT Non -Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers ********************************** CITY COUNCIL COMMUNITY CONVERSATION CONVENTION CENTER MEETING ROOMS 2nd FLOOR 6:30 - 8:00 PM MONDAY, NOVEMBER 24, 2014 NOVEMBER COUNCIL MEETING SCHEDULE NOVEMBER 4TH - RESCHEDULED TO NOVEMBER 25TH NOVEMBER 11TH - CANCELLED CITY COUNCIL WINTER RETREAT Economic Development Conference Room Town Center Suite 700, 4525 Main Street February 5-6, 2015 8:30 AM to 5:00 PM CITY COUNCIL MEETINGS RESCHEDULED EFFECTIVE: JUNE 1, 2014 FIRST/THIRD TUESDAYS: BRIEFING/INFORMAL/FORMAL SESSIONS FIRST TUESDAYS: OPEN CITIZEN DIALOGUE SECOND/FOURTH TUESDAYS: WORKSHOPS — 4:00-6:00 PM 2014 CITY HOLIDAYS Veterans Day - Tuesday, November 11 Thanksgiving Dory and Day after Thanksgiving — Thursday, November 27 and Friday, November 28 Christmas Eve (half-day) - Wednesday, December 24 Christmas Day - Thursday, December 25 MAYOR WILLIAM D. SESSOMS, JR. PRESIDING I. CITY MANAGER'S BRIEFING - Conference Room - 4:00 PM A. HAZARDOUS STRUCTURE ABATEMENT Kellam and Eaton North Landing Road Property Andrew Friedman, Director Wells Freed, Code Enforcement Administrator Housing and Neighborhood Preservation II. CITY COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW IV. INFORMAL SESSION - Conference Room - 5:OOPM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. ROLL CALL COUNCIL C. RECESS TO CLOSED SESSION IV. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION: Father Daniel Malingumu Pastor, Church of the Ascension 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 September 16, 2014 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. PUBLIC HEARINGS 1. BYRNE MEMORIAL JUSTICE GRANT ALLOCATION 2. LEASE OF CITY -OWNED PROPERTY a. Virginia Beach Horseback, Inc. 3. SALE OF EXCESS CITY -OWNED PROPERTY a. Roselyn Lane b. Middle Lane and Indiana Avenue c. Middle Lane and Ohio Avenue d. Michigan Avenue e. Royal Haven Crest NOTICE OF PUBLIC HEARING Public Hearing re: Department of Justice Byrne Memorial Justice Assistance Grant: Allocation of $111,113 for various law enforcement / criminal justice projects On Tuesday, October 7, 2014, at 6:00 P.M. in the City Council Chamber, second floor, City Hall Building, Municipal Center, Virginia Beach, Virginia, the Virginia Beach City Council will hold a Public Hearing on the proposed allocation of the Byrne Memorial Justice Assistance Grant. It is proposed that the $111,113 be allocated for the following purposes: Project Description Peels. Amount Computers Sheriff $24,680 and Software Security Police $26,190 System Upgrade Summer Parks & $30,511 Youth Rec Youth Employ. Opportunities Program Office Electronic Comm. $29,732 File Corrections Storage and Project Pretrial Total $111,113 The Edward Byrne Memorial Justice Program allows local governments to support a broad range of activities to prevent and control crime and to improve the criminal justice system. Individuals desiring to provide written comments may do so by contacting the City Clerk's office at 385-4303. If you are physically disabled or visually impaired and need assistance at this meeting, please call 385-4303. Hearing impaired, call Virginia Relay at 1-800-828-1120. Ruth Hodges Fraser, MMC City Clerk Beacon Sept. 28. 2014 24324537 PUBLIC NOTICE LEASE OF CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING at 6:00 P.M. on October 7, 2014 in the City Council Chamber regarding the proposed grant of a franchise to Virginia Beach Horseback, Inc. to conduct guided horse riding tours on the sand beach in the City of Virginia Beach, Virginia. The purpose of the Hearing will be to obtain public comment on the proposed lease of City property. A copy of the Franchise Agreement is on file in the City Clerk's office. The City Council Chamber is located on the second floor of the City Hall building (Building #1) at 2401 Courthouse Drive, Virginia Beach, Virginia 23456. Any questions concerning the above -referenced franchise should be directed to Robert Fries, Strategic Growth Area Office, by calling (757) 385-6641. Ruth Hodges Fraser, MMC City Clerk Beacon Sept. 28 & Oct. 5, 2014 24344468 PUBLIC HEARING SALE OF EXCESS CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on the disposition and sale of City -owned property, Tuesday, October 7, 2014, at 6:00 P.M., in the Council Chamber of the City Hal Building (Building #1) at the Virginia Beach Municipal Center, Virginia Beach, Virginia. The properties are located at 1. 237/239, 241/243, and 245/249 Roselynn Lane (GPINs 2417-05-1498; 2417-05-2502 and 2417- 05-2518); 2. 208 Middle Lane and 1530 Indiana Avenue (GPINs 2417-05-0083 and 2417-04-0984); 3. 209 Middle Lane, 1533 Ohio Avenue and 1541/1543 Ohio Avenue (GPINs 2407-95-9036, 2407-95-9122 and 2407- 95-8046); 4, 1548 Michigan Avenue (GPIN 2407-95-7518); and 5. 2261 Royal Haven Crest (GPIN 1497-91-3362). The purpose of this Hearing will be to obtain public input to determine whether these properties should be declared to be in "excess of the City's needs". If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 757-385-4303; 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, or call (757) 385- 4161. Ruth Hodges Fraser, MMC City Clerk Beacon Sept. 28, 2014 24348123 I. ORDINANCES/RESOLUTIONS 1. Ordinances to AMEND the City Code: a. Appendix K re floodplains, flood insurance rate maps and the requirements of the National Flood Insurance Program b. Section 10-1 re name changes at polling locations and ADD Section 10-1.1 re satellite absentee voting (1) Aragona Precinct to Bayside Sixth Grade Campus (2) Foxfire Precinct to Kemps Landing/Old Donation School c. Section 27-5 re service charge for security system false alarms requiring the Police Department to respond 2. Ordinances to DECLARE EXCESS City -owned property and AUTHORIZE the City Manager to sell same: DISTRICT 6 - BEACH a. 237, 239, 241, 243, 245 and 249 Roselynn Lane, 208 Middle Lane and 1530 Indiana Avenue to Bishard Development Corporation b. 2261 Royal Haven Crest to Bishard Development Corporation c. 209 Middle Lane, 1533, 1541 and 1543 Ohio Avenue to Cashvan Homes, LLC d. 1548 Michigan Avenue to Dockey Lee Warren 3. Resolution to AUTHORIZE a formal "sister city" relationship between Virginia Beach and Olonogapo, Philippines; and, direct the City Clerk to forward this Resolution to Sister Cities International for the issuance of a charter 4. Resolution to AUTHORIZE and DIRECT the City Manager to EXECUTE a Revised Consent Order between the Virginia Water Control Board and the localities of Hampton Roads re the control of sanitary sewer system overflows 5. Resolution re ISSUANCE of Educational Facilities Revenue And Refunding Bond by the Economic Development Authority of Essex County not to exceed $2,665,000 for Chesapeake Bay Academy 6. Ordinance to REDUCE $1,077,733 re Oceana and Interfacility Traffic Area Conformity and Acquisition funds from the State with like funding from the City 7. Ordinance to RATIFY amendments to the Bylaws of the Parks and Recreation Commission 8. Resolution to ESTABLISH a Task Force to study the rising cost of the Elderly and Disabled Real Estate Tax Relief Program 9. Ordinance to GRANT a franchise to continue guided Horse Riding Tours on the Beach 10. Ordinances to AUTHORIZE temporary encroachments into portions of City -owned property: a. William S. Shelhorse and Sally C. Wise Living Trust re ramps, floating docks, boatlift and piles at 532 and 536 Southside Road, Lake Wesley DISTRICT 6 — BEACH b. Thomas K. Norment, Jr. and the Penny Combs Lane Revocable Living Trust re a bulkhead, existing pier and a floating dock at 2074 Tazewell Road DISTRICT 4 — BAYSIDE 11. Ordinances to ACCEPT, APPROPRIATE and TRANSFER funds: a. $1,251,131 from Federal Emergency Management Agency (FEMA) for the continued operation of the Virginia Task Force 2 Urban Search and Rescue Team and providing 3.25 grant -funded full time employees b. $135,000 re dredging of individual property basins for Bayville Creek Neighborhood and $170,000 and $150,000, respectively, from the Western Branch Lynnhaven River maintenance dredging to Bayville Creek Neighborhood and Old Donation Creek Area dredging c. $111,113 from the U.S. Department of Justice, Edward Byrne Justice Assistance Grant re: 1. $30,511 to Parks and Recreation 2. $29,732 to Community Corrections and Pretrial Office 3. $26,190 to the Police Department 4. $24,680 to the Sheriff's Office d. from the U.S. Department of Transportation Administration National Highway Traffic Safety Administration via the DMV: 1. $64,232 to Police re enforcement of DUI laws and $32,116 for a local Grant match 2. $52,000 re enforcement of seat belt laws e. $32,027 from the Virginia Department of Fire Programs to the Fire Department re the Fire Training Center f. $20,376 from the Oyster Heritage Trust Fund to Planning and Community Development to increase the oyster habitat in the Lynnhaven River Watershed g. $10,528 from the Parking Meters — Homeless Donation Fund to Housing and Neighborhood Preservation for allocation recommended by the Beach Community Partnership 1-7.A CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Appendix K- Flood Plain Ordinance Pertaining to Floodplains, Flood Insurance Rate Maps and the Requirements of the National Flood Insurance Program MEETING DATE: October 7, 2014 • Background: Since 1970, the City of Virginia Beach has been an active participant in the National Flood Insurance Program (NFIP). During this time, the Flood Insurance Study and the Flood Insurance Rate Maps have been revised eight times. The latest revision (a result of a Region III Coastal Analysis) has been completed and the Federal Emergency Management Agency (FEMA) has established an effective date of January 16, 2015. As a condition of continued participation in the NFIP the City is required to amend the Floodplain Regulations to reflect the newly revised maps and to update the ordinance for full compliance with current NFIP regulations. • Considerations: Adoption of this ordinance will allow the City of Virginia Beach to continue to participate in the NFIP with improved Flood Insurance Rate Maps. • Public Information: Extensive public outreach has been conducted over the past eight months, including a City Council briefing, a public workshop, direct mailings to affected property owners, City Page notices, utility bill inserts and coverage in local media outlets. Formal public notification of Council's agenda will also occur. • Alternatives: If the new mapping or proposed ordinance revisions are found unacceptable, a delay in adoption would have to be approved by FEMA in order to maintain full standing in NFIP. • Recommendations: Adoption • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Public Works Engineering City Manager: PRD 1 AN ORDINANCE TO AMEND SECTIONS 1.2, 2 1.3, 3.1, 4.3, 4.5, 4.9 AND 4.11 OF THE 3 FLOODPLAIN ORDINANCE (APPENDIX K) 4 PERTAINING TO FLOODPLAINS, FLOOD 5 INSURANCE RATE MAPS AND THE 6 REQUIREMENTS OF THE NATIONAL 7 FLOOD INSURANCE PROGRAM 8 9 SECTIONS AMENDED: Floodplain Ordinance 10 §§ 1.2, 1.3, 3.1, 4.3, 4.9 and 4.11 11 12 WHEREAS, the public necessity, convenience, general welfare and good zoning 13 practice so require; 14 15 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 16 BEACH, VIRGINIA: 17 18 That Sections 1.2, 1.3, 3.1, 4.3, 4.9 and 4.11 of Floodplain Ordinance are hereby 19 amended and reordained to read as follows: 20 21 APPENDIX K FLOODPLAIN ORDINANCE 22 23 .... 24 25 Sec. 1.2. Applicability. 26 27 These provisions shall apply to all privately and publicly owned lands within the 28 jurisdiction of the City of Virginia Beach and identified as areas of special flood hazard 29 according to the Flood Insurance Rate Map (FIRM) that is provided to the City of 30 Virginia Beach by the Federal Emergency Management Agency (FEMA) and dated May 31 47-2009 January 16, 2015 or identified as floodplains subject to special restrictions in 32 section 4.10 of this ordinance. 33 34 COMMENT 35 36 The date amendments in the ordinance reflect the date of the Flood Insurance Rate Maps 37 that have been updated by FEMA. 38 39 Sec. 1.3. Definitions. 40 41 42 43 Existing construction. Structures for which the "start of construction" commenced 44 before the effective date of the most recent FIRM (May 4, 2009 January 16, 2015) 45 "Existing construction" may also be referred to as "existing structures." 46 47 .... 48 49 Special Flood Hazard Area (SFHA). The land in the floodplain subject to a one 50 (1) percent or greater chance of being flooded in any given year as set forth in this 51 ordinance. These areas are designated as AE, AH, AO, A, and VE on the FIRM. 52 53 54 COMMENT 55 56 These amendments reflect the date of the Flood Insurance Rate Maps that have been 57 updated by FEMA. 58 The addition of the A}1 designation is required by FEMA to bring the ordinance into 59 compliance. The only areas in the City so designated are on lands owned by the Commonwealth or 60 the Federal Government. 61 62 Sec. 3.1. Description of floodplain districts. 63 64 A. Special flood hazard areas (SFHA). The SFHAs shall include land in the 65 floodplain subject to a one (1) percent or greater chance of being flooded in any given 66 year. The basis for the delineation of these districts shall be the FIS and the FIRM for 67 the City of Virginia Beach prepared by FEMA, Federal Insurance Administration, dated 68 May 4, 2009 January 16, 2015, and any subsequent revisions or amendments thereto. 69 70 .... 71 72 2. The AE or AH Zones on the FIRM accompanying the FIS shall be those 73 areas for which one (1) percent annual chance flood elevations have been 74 provided and the floodway has not been delineated. 75 76 .... 77 78 COMMENT 79 80 These amendments reflect the date of the Flood Insurance Rate Maps that have been 81 updated by FEMA. 2 82 The addition of the All designation is required by FEMA to bring the ordinance into 83 compliance. The only areas in the City so designated are on lands owned by the Commonwealth or 84 the Federal Government. 85 86 87 Sec. 4.3. Elevation and construction requirements. 88 89 In all SFHAs where base flood elevations have been provided in the FIS or 90 generated by a licensed professional in accordance with section 4.6 of this ordinance, 91 the following shall apply: 92 93 A. Residential construction requirements. New construction or substantial 94 improvement of any residential structure or manufactured home in Zones 95 AE, AH, and A with detailed base flood elevations shall have the lowest 96 floor, including basement, elevated to a minimum of two (2) feet above 97 the base flood level. 98 99 B. Non-residential construction requirements. New construction or 100 substantial improvement of any commercial, industrial, or non-residential 101 building or manufactured home shall have the lowest floor, including 102 basement, elevated a minimum of two (2) feet above the base flood level. 103 Buildings located in AE or AH Zones may be flood-proofed in lieu of being 104 elevated provided that all areas of the building components below the 105 elevation corresponding to the base flood elevation plus a minimum of two 106 (2) feet freeboard are water tight with walls substantially impermeable to 107 the passage of water, and use structural components having the capability 108 of resisting hydrostatic and hydro dynamic loads and the effect of 109 buoyancy.... 110 111 C. Space below the lowest floor requirements. In Zones A, AE, AH and AO, 112 fully enclosed areas of new construction or substantially improved existing 113 structures that are below the regulatory flood protection elevation shall: 114 115 .... 116 117 D. Manufactured homes and recreational vehicle requirements. 118 119 .... 120 121 2. All recreational vehicles placed on sites shall either: 122 3 123 a. Be on site for fewer than one hundred eighty (180) 124 consecutive days; or 125 126 b. Be fully licensed and ready for highway use (a recreational 127 vehicle is ready for highway use if it is on its wheels or 128 jacking system, is attached to the site only by quick 129 disconnect type utilities and security devises and has no 130 permanently attached additions); or 131 132 c. Meet all the requirements for manufactured homes in article 133 4 section 4.3 D.1., and the provisions of section 4.9 if located 134 in a V or VE Zone. 135 136 COMMENT 137 138 The addition of the AH designation is required by FEMA to bring the ordinance into 139 compliance. The only areas in the City so designated are on lands owned by the Commonwealth or 140 the Federal Government. The addition of the requirements for recreational vehicles is required by 141 FEMA to bring the ordinance into compliance. 142 143 Sec. 4.5. AE or AH Zone requirements. 144 145 The following provisions shall apply in the AE or AH Zones: 146 147 A. Until a regulatory floodway is designated, no new construction, substantial 148 improvements or other development (including fill) shall be permitted 149 within the areas of special flood hazard, designated as Zone AE or AH on 150 the FIRM, unless it is demonstrated that the cumulative effect of the 151 proposed development, when combined with all other existing and 152 anticipated development, will not increase the water surface elevation of 153 the base flood more than one (1) foot at any point within the city. 154 155 B. Notwithstanding the criteria set forth in section 4.10, development 156 activities in Zones AE or AH on the City of Virginia Beach FIRM that 157 increase the water surface elevation of the base flood by more than one 158 (1) foot may be allowed, provided that the applicant first applies, with the 159 City of Virginia Beach's endorsement, for a conditional letter of map 160 revision, and receives the approval of FEMA. 161 162 .... 163 4 164 165 COMMENT 166 167 The addition of the AH designation is required by FEMA to bring the ordinance into 168 compliance. The only areas in the City so designated are on lands owned by the Commonwealth or 169 the Federal Government. 170 171 Sec. 4.9. V and VE Zone requirements. 172 173 The following provisions shall apply within the V and VE Zones: 174 175 A. All new construction and substantial improvements, including to 176 manufactured homes, shall be elevated on pilings or columns so that: 177 178 1. The bottom of the lowest horizontal structural member of the lowest 179 floor (excluding the pilings or columns) is elevated to a minimum of 180 two (2) feet above the base flood level; and 181 182 2. The pile or column foundation and structure attached thereto is 183 anchored to resist flotation, collapse and lateral movement due to 184 the effects of wind and water loads acting simultaneously on all 185 building components. Wind and water loading values shall each 186 have a one (1) percent chance of being equaled or exceeded in any 187 given year. 188 189 190 191 COMMENT 192 193 The addition of the requirements for manufactured homes is required by FEMA to bring 194 the ordinance into compliance. 195 196 Sec. 4.11. Subdivision proposal requirements. 197 198 A. All subdivision proposals shall be consistent with the need to minimize 199 flood damage. 200 201 B. All subdivision proposals shall have public utilities and facilities such as 202 sewer, gas, electrical, and water systems located and constructed to minimize flood 203 damage. 204 5 1 205 C. All subdivision proposals shall have adequate drainage provided to reduce 206 exposure to flood hazards. 207 208 D. Base flood elevation data shall be obtained from the most recent FIRM 209 (May 4, 2000 January 16, 2015) or developed using detailed methodologies, including 210 hydraulic and hydrologic analysis, comparable to those contained in a FIS for all final 211 plats and other development proposals (including manufactured home parks and 212 neighborhoods). 213 214 .... 215 216 COMMENT 217 218 These amendments reflect the date of the Flood Insurance Rate Maps that have been 219 updated by FEMA. 220 221 THIS ORDINANCE SHALL BECOME EFFECTIVE ON JANUARY 16, 2015. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2014. APPROVED AS TO CONTENT: CA13073 R-5 September 11, 2014 APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office 6 ITEM: An Ordinance to Amend Section 10-1 of the City Code Pertaining to Name Changes at Polling Locations and to Add Section 10-1.1 Pertaining to Satellite Absentee Voting MEETING DATE: October 7, 2014 ■ Background: Two polling locations have name changes due to changes by the School Board. The buildings have not changed. The polling location for the Aragona Precinct (0016) is now Bayside Sixth Grade Campus. It was formerly known as Kemps Landing Magnet School. The polling location for the Foxfire Precinct (0060) is now Kemps Landing/Old Donation School. It was formerly known as Princess Anne Middle School. Additionally, the Office of the Voter Registrar is moving two satellite absentee voting locations from DMV locations to recreation centers, Great Neck Recreation Center and Williams Farm Recreation Center. The central satellite voting location remains at its current location, Municipal Center, Building 14. • Considerations: The attached ordinance makes the two name changes discussed above. In regard to the absentee voting locations, the ordinance moves the satellite absentee voting locations from the list of polling places to a new section. The new section provides a description of a satellite absentee voting location and imposes requirements upon the General Registrar as to providing information to the public regarding such locations. • Public Information: Public information will be provided by the normal Council agenda process. The Office of the Voter Registrar is required to make certain publications and mailings, which are provided by state law. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Office of the Voter Registrar City Manager`.I Y�'D 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 AN ORDINANCE TO AMEND SECTION 10-1 OF THE CITY CODE PERTAINING TO NAME CHANGES AT POLLING LOCATIONS AND TO ADD SECTION 10-1.1 PERTAINING TO THE SATELLITE ABSENTEE VOTING SECTION AMENDED: § 10-1 SECTION ADDED: § 10-1.1 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 10-1 of the City Code is hereby amended and Section 10-1.1 is hereby added and reordained, to read as follows: Sec. 10-1. Establishment of precincts and polling places. There are hereby established in the city the following precincts and their respective polling places, as set forth below: Precinct Alanton Aragona Arrowhead Avalon Baker Bayside Bellamy Blackwater Bonney Brandon Brookwood Buckner Cape Henry Capps Shop Centerville Chesapeake Beach Chimney Hill College Park Colonial Colony Corporate Landing Courthouse Polling Place Alanton Elementary School - - - 1'..e -- Bayside ' --- Bayside Sixth Grade Campus Arrowhead Elementary School Woodstock Elementary School Ebenezer Baptist Church Bayside Elementary School Salem Middle School Blackwater Fire Station Holland Road Baptist Church Brandon Middle School Plaza Annex Green Run Baptist Church Research and Enlightenment Building (Edgar Cayce Library) Back Bay Christian Assembly Centerville Elementary School Bayside Baptist Church Congregation Beth Chaverim College Park Elementary School Colonial Baptist Church Lynnhaven Colony Congregational Church Corporate Landing Middle School Courthouse Fire Station 1 I 46 Creeds 47 Cromwell 48 Culver 49 Dahlia 50 Davis Corner 51 Eastern Shore 52 Edinburgh 53 Edwin 54 Fairfield 55 Foxfire 56 57 Glenwood 58 Great Neck 59 Green Run 60 Haygood 61 Hillcrest 62 Holland 63 Homestead 64 Hunt 65 Indian Lakes 66 Kings Grant 67 Kingston 68 Lake Christopher 69 Lake Joyce 70 Lake Smith 71 Landstown 72 Larkspur 73 Lexington 74 Linkhorn 75 Little Neck 76 London Bridge 77 Lynnhaven 78 Magic Hollow 79 Malibu 80 Manor 81 Mt. Trashmore 82 Newtown 83 North Beach 84 North Landing 85 Ocean Lakes 86 Ocean Park 87 Oceana 88 Old Donation 89 Pembroke 90 Pinewood Creeds Fire Station Salem United Methodist Church Ocean Lakes High School Green Run High School Bettie F. Williams Elementary School Eastern Shore Chapel St. Aidan's Episcopal Church Kempsville Recreation Center Kempsville Presbyterian Church Si •_ 1 . . _ 11 - - - - - - - Kemps Landing/Old Donation School Glenwood Elementary School All Saints Episcopal Church Green Run Elementary School Haygood United Methodist Church Victory Baptist Church Holland Elementary School Providence Presbyterian Church Princess Anne Recreation Center Indian Lakes Elementary School St. Nicholas Catholic Church King's Grant Presbyterian Church New Convenant Presbyterian Church Morning Star Baptist Church Bayside Church of Christ Landstown Community Church St. Andrews United Methodist Church Larkspur Middle School Virginia Beach Community Chapel Lynnhaven United Methodist Church London Bridge Baptist Church Tidewater Area Christian Fellowship Virginia Beach Moose Family Center Malibu Elementary School Providence Elementary School Windsor Woods Elementary School Good Samaritan Episcopal Church Galilee Episcopal Church Hope Haven Ocean Lakes Elementary School Bayside Community Recreation Center Scott Memorial United Methodist Church Calvary Baptist Church Pembroke Elementary School Lynnhaven Presbyterian Church 2 I 91 Plaza Lynnhaven Elementary School 92 Pleasant Hall Kempsville Baptist Church Pleasant Hall Annex 93 Point O'View Kempsville Church of Christ 94 Red Wing Fraternal Order of Police, Lodge #8 95 Rock Lake Salem Elementary School 96 Rosemont Forest Rosemont Forest Elementary School 97 Roundhill Salem High School 98 Rudee Virginia Beach Volunteer Rescue Squad 99 Building 100 Seatack Mount Olive Baptist Church 101 Shannon Church of the Ascension 102 Shelburne Christopher Farms Elementary School 103 Shell Unity Church of Tidewater 104 Shelton Park Shelton Park Elementary 105 Sherry Park St. Matthews Catholic Church 106 Sigma Red Mill Elementary School 107 South Beach Contemporary Art Center of Virginia 108 Stratford Chase Community United Methodist Church 109 Strawbridge Strawbridge Elementary School 110 Tallwood Tallwood Elementary School 111 Thalia Thalia Elementary School 112 Thoroughgood Independence Middle School 113 Timberlake White Oaks Elementary School 114 Trantwood Virginia Beach Christian Church 115 Upton Three Oaks Elementary School 116 Village Thalia Lynn Baptist Church 117 Windsor Oaks Windsor Oaks Elementary School 118 Witchduck Bayside Presbyterian Church 119 Wolfsnare Virginia Beach Christian Life Center 120 Central Absentee Voter AgricultureNoter Registrar Building 121 Precinct 122 Satellite Absentee Voter Courthouse Fire Station, Department of Motor 123 Precincts (only for November Vehicles Office Donna Drive, Department of 124 Elections and Presidential Motor Vehicles Office Buckner Boulevard 125 Primaries) 126 127 Sec. 10.1-1. Satellite Absentee Voting 128 129 The General Registrar may provide one or more locations in addition to the Voter 130 Registrar's Office wherein absentee voters may vote in person as provided by Virginia 131 Code § 24.2-707. Such location or locations shall be located within the City and 132 approved by the local electoral board. The General Registrar shall provide notice of 133 such satellite absentee voting locations at the Office of the Voter Registrar and at the 134 Voter Registrar's website. Such notice will include information regarding what time the 135 location is available for in-person absentee voting and other pertinent details. 3 Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2014. APPROVED AS TO CONTENT: Voter Registrar CA13104 R-1 September 11, 2014 4 APPROVED AS TO LEGAL SUFFICIENCY: Office CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Section 27-5 of the City Code Pertaining to Service Charge for False Alarms to which Police Are Required to Respond MEETING DATE: October 7, 2014 • Background: City Code § 27-5 concerns false alarms by security systems in circumstances in which the alarm system generates a request for a police response. The Code section imposes a service charge "after two false alarm calls within a twelve- month period and for each false alarm call thereafter to which the police are required to respond." The Police Department has interpreted and implemented this ordinance so that they assess a service charge for the third and subsequent false alarm calls, but not for a second false alarm call. ■ Considerations: The Police Department's implementation of this Code section has been well received by the public and is achieving its goal of reducing false alarms. This ordinance makes clear that the service charge is imposed only after three false alarm calls within a twelve-month period, which is consistent with the Police Department's practice. • Public Information: Public information will be provided through the normal Council agenda process. • Attachment: Ordinance. Recommended Action: Approval Submitting Department/Agency: Police Department `CC 6 -fl JIJG City Manager. , . I 1 AN ORDINANCE TO AMEND SECTION 27-5 2 OF THE CITY CODE PERTAINING TO 3 SERVICE CHARGE FOR FALSE ALARMS TO 4 WHICH POLICE ARE REQUIRED TO 5 RESPOND 6 7 SECTION AMENDED: § 27-5 8 9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 10 BEACH, VIRGINIA: 11 12 That Section 27-5 of the Code of the City of Virginia Beach, Virginia, is hereby 13 amended and reordained to read as follows: 14 Sec. 27-5. Service charge for false alarms to which police are required to respond. 15 There is hereby established a service charge of one hundred fifty dollars ($150.00) 16 to be paid by each residence after two upon the third false alarm call within a twelve 17 month period and for each false alarm call thereafter to which the police of the city are 18 required to respond. Two hundred fifty dollars ($250.00) is hereby charged to each 19 business, industrial user for each false alarm caused by negligence to which the police 20 of the city are required to respond after—two upon the third false alarm call within a 21 twelve month period and each call thereafter. Such charge shall be payable to the city 22 treasurer. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2014. APPROVED AS TO CONTENT: , i. Policj'Iepartment CA1 076 R-2 September 23, 2014 APPROVED AS TO LEGAL SUFFICIENCY: City4y Attorney's -an ,;,CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance declaring the properties located at 237/239, 241/243 & 245/249 Roselynn Lane (GPINs 2417-05-1498; 2417-05-2502 and 2417-05-2518); 208 Middle Lane (GPIN 2417-05-0083); and 1530 Indiana Avenue (GPIN 2417-04- 0984) to be in excess of the City's needs and authorizing the City Manager to sell same to Bishard Development Corporation. MEETING DATE: October 7, 2014 • Background: The City acquired 237/239, 241/243, and 245/249 Roselynn Lane, 208 Middle Lane, and 1530 Indiana Avenue (the "Properties") as part of the APZ-1/Clear Zone Use and Acquisition Plan. At the time of acquisition, the Properties were developed with duplexes. The improvements have been demolished. The APZ-1 Disposition Committee has evaluated the Properties and determined that it would be preferable to keep these Properties improved with residential use, albeit at a reduced density, as they are in the interior of Oceana Gardens, a stable residential neighborhood. By consolidating the five duplex sites (10 dwelling units) into two resubdivided building sites, density is being reduced by eight (8) actual dwelling units. A Request for Proposal (the "RFP") was advertised for two consecutive Sundays in The Virginian -Pilot as well as on the City of Virginia Beach website. Bishard Development Corporation ("Bishard") responded to the RFP and was selected to develop these two (2) sites. • Considerations: Bishard is interested in purchasing the two building sites for a total of $165,000. If the City retains the Properties, the City must pay to maintain the lots, an estimated annual cost of $630 per lot ($3,150 total). • Public Information: Advertisement for public hearing as required by Section 15.2-1800 Code of Virginia and advertisement of City Council Agenda. • Recommendations: Approve the request and authorize the City Manager to execute all necessary documents to convey the Properties subject to the terms and conditions in the attached Summary of Terms. • Revenue restriction: The City funded the acquisition of the Properties through the partnership with the Commonwealth of Virginia. The proceeds from the sale of the Properties in the amount of $165,000 will be received. Fifty percent (50%) of the proceeds 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 $82,500 retained by the City will be available for BRAC program acquisitions in future years, per agreement with the Commonwealth. • Attachments: Ordinance, Location Map, Summary of Terms Recommended Action: Approval of the ordinance Submitting Department/Agency: Public Works/Real Estate a hAl City Manager:�� •!�-�(0L j HITESHEW PL 0A19 VNY3OO N Ni NNA13SO2I Ni 3 IRDNECK RD S IW 00 N 00 r T1' LO LO r N N LA LO Ln O OO 1 1 1 1- N N N awzzz C ce ( 0 0 0 } Z Z Z < o J J J (iNZZZ OlnZZZ iiIliJ X W W W WCO CO O 00 Ce Ce O) (*I O) M d N N N el N N u o 0 0 0 w Z 0 2 a.1 -J N NO CNI N 0 N 06 O r N N C co 0 0 w 0) a 2 0 z w g U g U N O a` 0 0 Q CO C <.i O ti M Al >1 0 4-1 = 1O QN O 0 1- CL N NZ a N oa Z ._ Prepared by P.W./Enq./Eng. Support Services Bureau 06/05/2014 � l l Ni NNA1ISO2I QA19 V NV OO N Ni D1QGIW wi >F z Q. z e-7) co 0 9 F— 'LLJ ' N CL CD N 2cezo- zaa9? 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Support Services Bureau 06/05/2014 1 AN ORDINANCE DECLARING THE PROPERTIES 2 LOCATED AT 237/239, 241/243 & 245/249 3 ROSELYNN LANE (GPINS 2417-05-1498; 2417-05- 4 2502 AND 2417-05-2518); 208 MIDDLE LANE (GPIN 5 2417-05-0083); AND 1530 INDIANA AVENUE (GPIN 6 2417-04-0984) TO BE IN EXCESS OF THE CITY'S 7 NEEDS AND AUTHORIZING THE CITY MANAGER 8 TO SELL SAME TO BISHARD DEVELOPMENT 9 CORPORATION. 10 11 WHEREAS, the City of Virginia Beach (the "City") is the owner of those 12 certain parcels of land located at 237/239 Roselynn Lane, 241/243 Roselynn Lane, 13 245/249 Roselynn Lane; 208 Middle Lane, and 1530 Indiana Avenue, (collectively, the 14 "Properties"), more particularly described on Exhibit "A" attached hereto and made a 15 part hereof; 16 17 WHEREAS, the City acquired the Properties pursuant to the APZ-1 18 Acquisition Program; 19 20 WHEREAS, the City funded the acquisition of the Properties through a 21 partnership with the Commonwealth of Virginia (the "Commonwealth"), with each party 22 contributing fifty percent (50%) of the funds; 23 24 WHEREAS, the Properties are in the midst of other residences and at the 25 time of acquisition were improved with residential duplexes, which have since been 26 demolished; 27 28 WHEREAS, City Council has elected to allow the reconstruction of two 29 single-family homes on the Properties in order to maintain the integrity of the 30 neighborhood; 31 32 WHEREAS, a Request for Proposal ("RFP") was advertised for the 33 potential sale of the Properties; 34 35 WHEREAS, Bishard Development Corporation ("Bishard") was one of the 36 respondents to the RFP and was selected to develop the sites; 37 38 WHEREAS, the APZ-1 Disposition Committee has recommended that City 39 Council declare the Properties to be in excess of the City's needs and sell the 40 Properties to Bishard; 41 42 WHEREAS, Bishard will build two (2) new single-family homes on the 43 Properties to prescribed standards acceptable to the City, including elevated noise 44 attenuation and design criteria, and Bishard will thereafter convey the improved 45 Properties to an owner -occupant; 46 47 WHEREAS, Bishard will purchase the Properties in accordance with the 48 Summary of Terms attached hereto as Exhibit "B" and made a part hereof; and 49 50 WHEREAS, the City Council is of the opinion that the Properties are in 51 excess of the needs of the City of Virginia Beach. 52 53 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 54 OF VIRGINIA BEACH, VIRGINIA: 55 56 That the Properties located at 237/239 Roselynn Lane, 241/243 Roselynn Lane, 57 245/249 Roselynn Lane; 208 Middle Lane, 1530 Indiana Avenue are hereby declared to 58 be in excess of the needs of the City of Virginia Beach and that the City Manager is 59 hereby authorized to execute any documents necessary to convey the Properties to 60 Bishard Development Corporation in accordance with the Summary of Terms and such 61 other terms, conditions or modifications as may be acceptable to the City Manager and 62 in a form deemed satisfactory by the City Attorney. 63 64 Further, that the revenue from the sale of the Properties in the amount of 65 $165,000 shall be received and fifty (50) percent of this amount shall be appropriated to 66 CIP #9-060, Oceana Interfacility Traffic Area Conformity and Acquisition, and fifty (50) 67 percent shall be deposited for future payment by the City Manager to refund the 68 Commonwealth's portion in accordance with the grant agreement. A manual 69 encumbrance will be established to ensure that the $82,500 retained by the City will be 70 available for BRAC program acquisitions in future years per the agreement with the 71 Commonwealth. 72 73 This ordinance shall be effective from the date of its adoption. 74 75 Adopted by the Council of the City of Virginia Beach, Virginia, on the 76 day of , 2014. CA12968 R-1 9/17/14 \\vbgov.com\dfs 1 \applications\citylawprod\cycom32\wpdocs\d008\p024\00153512.doc APPROVED AS TO CONTENT lic Works APPROVED AS TO LEGAL SUFFICIENCY APPROVED AS TO CONTENT Management Services EXHIBIT A LEGAL DESCRIPTION "Building Site 1": 237/239 Roselynn Lane (GPIN: 2417-05-1498); 241/243 Roselynn Lane (GPIN: 2417-05-2502) and 245/249 Roselynn Lane (GPIN: 2417-05-2518) Parcel One - 237/239 Roselynn Lane (GPIN: 2417-05-1498) ALL THAT certain lot, piece or parcel of land, together with the buildings and improvements thereon, lying, being and situate in the City of Virginia Beach, Virginia and being designated and described as "LOT 27 GPIN: 2417-05-1498," and further being described as "GPIN: 2417-05-1498 6,250 SQ. FT. 0.143 ACRES," as shown on that certain plat entitled, "PLAT SHOWING PROPERTY TO BE ACQUIRED FROM NALA CORPORATION (GPIN: 2417-05-1498) BY SHEPHERD ENTERPRISES, LLC," Scale: 1" = 20', dated October 23, 2012, prepared by Rouse-Sirine Associates, Ltd., which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number 20121228001474230, to which reference is made for more particular description. RESERVING UNTO THE CITY all underlying fee in and to the streets, alleys, and other rights-of-way abutting said Property, and all easements of any description and rights of ingress and egress benefiting the City or the public. IT BEING the same the same property conveyed to the City of Virginia Beach by Deed from Shepherd Enterprises, LLC dated August 1, 2013 and recorded in the aforesaid Clerk's Office as Instrument Number 20130802000911890. Parcel Two - 241/243 Roselynn Lane (GPIN: 2417-05-2502) ALL THAT certain lot, piece or parcel of land, together with the buildings and improvements thereon, lying, being and situate in the City of Virginia Beach, Virginia and being designated and described as "LOT 28 GPIN: 2417-05-2502," and further being described as "GPIN: 2417-05-2502 6,250 SQ. FT. 0.143 ACRES," as shown on that certain plat entitled, "PLAT SHOWING PROPERTY TO BE ACQUIRED FROM ROBERT S. LINDSLEY, JR. & ROBERT A. BONWELL, SR., CO-EXECUTORS OF THE ESTATE OF EDWIN B. LINDSLEY, JR. (GPIN: 2417-05-2502) BY CITY OF VIRGINIA BEACH FOR CIP 9- 060.001," Scale: 1" = 20', dated November 19, 2012, prepared by Rouse-Sirine Associates, Ltd., which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number 20130731000902530. RESERVING UNTO THE CITY all underlying fee in and to the streets, alleys, and other rights-of-way abutting said Property, and all easements of any description and rights of ingress and egress benefiting the City or the public. IT BEING the same the same property conveyed to the City of Virginia Beach by Deed from Shepherd Enterprises, LLC dated August 1, 2013 and recorded in the aforesaid Clerk's Office as Instrument Number 20130802000911890. Parcel Three - 245/249 Roselynn Lane (GPIN: 2417-05-2518) ALL THAT certain lot, piece or parcel of land, together with the buildings and improvements thereon, Tying, being and situate in the City of Virginia Beach, Virginia and being designated and described as "LOT 29 GPIN: 2417-05-2518," and further being described as "GPIN: 2417-05-2518 6,250 SQ. FT. 0.143 ACRES," as shown on that certain plat entitled, "PLAT SHOWING PROPERTY TO BE ACQUIRED FROM NALA CORPORATION (GPIN: 2417-05-2518) BY SHEPHERD ENTERPRISES, LLC," Scale: 1" = 20', dated October 23, 2012, prepared by Rouse-Sirine Associates, Ltd., which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number 20121228001474240, to which reference is made for more particular description. RESERVING UNTO THE CITY all underlying fee in and to the streets, alleys, and other rights-of-way abutting said Property, and all easements of any description and rights of ingress and egress benefiting the City or the public. IT BEING the same the same property conveyed to the City of Virginia Beach by Deed from Shepherd Enterprises, LLC dated August 1, 2013 and recorded in the aforesaid Clerk's Office as Instrument Number 20130802000911890. "Building Site 2": 208 Middle Lane (GPIN: 2417-05-0083) & 1530 Indiana Avenue (GPIN: 2417-04- 0984) Parcel One — 208 Middle Lane (GPIN: 2417-05-0083) ALL THAT certain lot, piece or parcel of land, situate in the City of Virginia Beach, Virginia, Lynnbrough Magistrate, District of Princess Anne and designated as parcel "B" as shown on that plat of "Property of Laura H. Boush, a part of Blocks 18 & 19, Oceana Gardens, Princess Anne Co., VA", made on August 28, 1950, by W.B. Gallup , Country Surveyor, which said plat is duly recorded with a deed from Annie Boush Macon, et als, to George W. Boush, et als, dated September 16, 1950, and recorded in Clerk's Office of the Circuit Court of the City of Virginia Beach, (formerly Princess Anne County) Virginia, in Deed Book 279 at page 456, said plat recorded in the Clerk's Office in Map Book 26, at page 45. RESERVING UNTO THE CITY all underlying fee in and to the streets, alleys, and other rights-of-way abutting said Property, and all easements of any description and rights of ingress and egress benefiting the City or the public. IT BEING the same property conveyed to the City of Virginia Beach by Deed from Domingo K. Bolinto and Maria T. Bolinto dated October 12, 2012, recorded in the aforesaid Clerk's Office as Instrument Number 20121017001202050. Parcel Two — 1530 Indiana Avenue (GPIN: 2417-04-0984) ALL THAT certain lot, piece or parcel of land, together with the buildings and improvements thereon, lying, being and situate in the City of Virginia Beach, Virginiaand being designated and described as "Parcel A GPIN: 2417-04-0984," and further being described as "GPIN: 2417-04-0984 8,434 SQ. FT. 0.194 ACRES," as shown on that certain plat entitled, "PLAT SHOWING PROPERTY TO BE ACQUIRED FROM NALA CORPORATION (GPIN: 2417-04-0984) BY SHEPHERD ENTERPRISES, LLC," Scale: 1" = 20', dated October 11, 2012, prepared by Rouse-Sirine Associates, Ltd., which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number 20121228001474320, to which reference is made for more particular description. RESERVING UNTO THE CITY all underlying fee in and to the streets, alleys, and other rights-of-way abutting said Property, and all easements of any description and rights of ingress and egress benefiting the City or the public. IT BEING the same the same property conveyed to the City of Virginia Beach by Deed from Shepherd Enterprises, LLC dated August 1, 2013 and recorded in the aforesaid Clerk's Office as Instrument Number 20130802000911890. EXHIBIT B SUMMARY OF TERMS SALE OF EXCESS PROPERTY AT 237/239 ROSELYNN LANE, 241/243 ROSELYNN LANE, 245/249 ROSELYNN LANE, 208 MIDDLE LANE, AND 1530 INDIANA AVENUE. SELLER: City of Virginia Beach BUYER: Bishard Development Corporation, a Virginia corporation PROPERTY: Building Site 1: 237/239 Roselynn Lane (GPIN 2417-05-1498) 241/243 Roselynn Lane (GPIN 2417-05-2502) 245/249 Roselynn Lane (GPIN 2417-05-2518) Building Site 2: 208 Middle Lane (GPIN 2417-05-0083) 1530 Indiana Avenue (GPIN 2417-04-0984) SALE PRICE: $165,000 total for both Building Site 1 and Building Site 2. CONDITIONS OF SALE: • Property is purchased "As Is, Where Is." • Seller shall convey the Property subject to a deed restriction preventing the Property from being the subject of future participation in the APZ-1 Acquisition Program. • Buyer, at its own cost, shall resubdivide the properties to vacate interior lot lines. • Seller shall convey each Building Site subject to a plat or deed restriction limiting the Site to the development of one single-family dwelling unit, in perpetuity. • Buyer shall construct one single-family dwelling on each Building Site, in a style that substantially matches the style and design criteria approved by the Planning Department. • Buyer shall deposit Five Thousand and no/100 Dollars ($5,000.00) per building site at the execution of the Purchase Agreement. • Buyer is required to construct using materials for enhanced noise attenuation. • Buyer is required to complete construction no later than October 7, 2015. x E N Cr-; ri O Q 6 W a a 2 u 9 1.2L U O City Properties City Property to be Sold Prepared by P.W./Eng./Eng. Support Services bureau u5/.S1J/ZU14 ITEM: An Ordinance declaring the parcel located at 2261 Royal Haven Crest (GPIN 1497-91-3362) to be in excess of the City's needs and authorizing the City Manager to sell same to Bishard Development Corporation MEETING DATE: October 7, 2014 • Background: The City acquired the property at 2261 Royal Haven Crest (the "Property") as part of the London Bridge Road, Phase III, CIP 2-137; VDOT Project No. 0000- 134-V29, RW -201, C-501 on September 11, 2000. At the time of acquisition, the Property consisted of two separate parcels and was developed with one duplex dwelling. The improvements have been demolished and a resubdivision plat to combine the two parcels, vacate interior lot lines, and separate the right-of-way from the remaining parcel has been recorded. The Property is now in excess of the City's needs. Because the Property was purchased for a road project with Virginia Department of Transportation ("VDOT") funds, a letter of intent to dispose of the Property was sent to VDOT. VDOT supports disposition of the Property as long as the proceeds of the sale are used by the City for a Title 23 - eligible transportation project. A Request for Proposal (the "RFP") for this building site was advertised for two consecutive Sundays in The Virginian -Pilot as well as on the City of Virginia Beach website. Bishard Development Corporation ("Bishard") was one of the respondents to the RFP and was selected to develop the site. • Considerations: Bishard is interested in purchasing building site for total of $81,000. Development of the site remains subject to the provisions of the Chesapeake Bay Preservation Area Ordinance. If the City retains the Property, the City must pay to maintain it at 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. • Recommendations: Approve the request and authorize the City Manager to execute all necessary documents to convey the Property subject to the terms and conditions in the attached Summary of Terms. • Attachments: Ordinance, Location Map, Summary of Terms Recommended Action: Approval of the ordinance Submitting Department/Agency: Public Works/Real Estate a"'�`� NV)Kr City Manager: 1 AN ORDINANCE DECLARING THE PARCEL 2 LOCATED AT 2261 ROYAL HAVEN CREST (GPIN 3 1497-91-3362) TO BE IN EXCESS OF THE CITY'S 4 NEEDS AND AUTHORIZING THE CITY MANAGER 5 TO SELL SAME TO BISHARD DEVELOPMENT 6 CORPORATION 7 8 WHEREAS, the City of Virginia Beach (the "City") is the owner of that 9 certain parcel of land located at 2261 Royal Haven Crest (the "Property"), more 10 particularly described on Exhibit "A" attached hereto and made a part hereof; 11 12 WHEREAS, the City acquired the Property pursuant to the London Bridge 13 Road, Phase III, CIP 2-137; VDOT Project No. U000 -134-V29, RW -201, C-501; 14 15 WHEREAS, the Property is in the midst of other residences and at the 16 time of acquisition was improved with a residential duplex dwelling, which has since 17 been demolished; 18 19 WHEREAS, a Request for Proposal ("RFP") was advertised for the 20 potential sale of the Property; 21 22 WHEREAS, Bishard Development Corporation ("Bishard") was one of the 23 respondents to the RFP and was selected to develop the site; 24 25 WHEREAS, subject to its ability to obtain all applicable approvals, Bishard 26 will build one (1) new single-family home on the Property to prescribed standards 27 acceptable to the City, and Bishard will thereafter convey the improved Property to an 28 owner -occupant; 29 30 WHEREAS, Bishard will purchase the Property in accordance with the 31 Summary of Terms attached hereto as Exhibit "B" and made a part hereof; and 32 33 WHEREAS, the City Council is of the opinion that the Property is in 34 excess of the needs of the City of Virginia Beach. 35 36 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 37 OF VIRGINIA BEACH, VIRGINIA: 38 39 That the Property located at 2261 Royal Haven Crest is hereby declared to be in 40 excess of the needs of the City of Virginia Beach and that the City Manager is hereby 41 authorized to execute any documents necessary to convey the Property to Bishard 42 Development Corporation in accordance with the Summary of Terms and such other 43 terms, conditions or modifications as may be acceptable to the City Manager and in a 44 form deemed satisfactory by the City Attorney. 45 46 Further, that the revenue from the sale of the Property in the amount of 47 $81,000 shall be received and used by the City for Title 23 -eligible transportation 48 projects. 49 50 This ordinance shall be effective from the date of its adoption. 51 52 Adopted by the Council of the City of Virginia Beach, Virginia, on the 53 day of , 2014. CA12967 R-1 9/17/14 \\vbgov.com\dfsl \applications\citylawprod\cycom32\wpdocs\d008\p024\00153508.doc APPROVED AS TO CONTENT APPROVED AS TO CONTENT -.0/L, 0 blic Works Management Services APPROVED AS TO LEGAL SUFFICIENCY / it&bJ�.GV %Yl %�c,t� a4/ City Attorney's Office EXHIBIT B SUMMARY OF TERMS SALE OF EXCESS PROPERTY AT 2261 ROYAL HAVEN CREST SELLER: City of Virginia Beach PURCHASER: Bishard Development Corporation, a Virginia corporation PROPERTY: 2261 Royal Haven Crest (GPIN 1497-91-3362) SALE PRICE: $81,000 CONDITIONS OF SALE • Property is purchased "As Is, Where Is." • Buyer shall deposit Five Thousand and no/100 Dollars ($5,000.00) at the execution of the Purchase Agreement. • Buyer has 30 (thirty) days from execution of the Agreement of Sale to notify the Seller of any title defects that would prevent closing. • Buyer has sixty (60) days from execution of the Agreement of Sale to notify Seller of any conditions that would render the Property unsuitable for Buyer's intended use. This Property is within the Resource Protection Area (RPA) and the specific plan for development is subject to review and approval by the Chesapeake Bay Preservation Area Board for compliance with the Chesapeake Bay Preservation Area Ordinance. • Buyer shall construct one single-family dwelling on the building site, in a style that substantially matches the style and design criteria approved by the Planning Department. • Closing will occur on or before October 7, 2015. EXHIBIT A LEGAL DESCRIPTIONS 2261 Roval Haven Crest (GPIN 1497-91-3362) ALL THAT certain tract, piece of parcel of land together with any improvements thereon and all appurtenances thereunto belonging, lying, situate and being in the City of Virginia Beach, Virginia and being designated and described as "LOT 33A GPIN 1497-91-3362" and further described in the Table of Areas as "LOT 33A 12,835 SQ. FT. 0.29465 AC." as shown on that certain plat entitled "RESUBDIVISION OF LOT 33 AND A PORTION OF LOT 34 KINGSWOOD SQUARE M.B. 188 PG. 25 VIRGINIA BEACH, VIRGINIA", prepared by Department of Public Works, Engineering Group, Survey Bureau, City of Virginia Beach, Virginia, duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number 20130129000118350, reference to which plat is hereby made for a more particular description of said property. RESERVING UNTO THE CITY all underlying fee in and to the streets, alleys, and other rights-of-way abutting said Property, and all easements of any description and rights of ingress and egress benefiting the City or the public. IT BEING the same property conveyed to the City of Virginia Beach by deed dated August 28, 2000 from Francis K. Achampong and Nicole V. Achampong, his wife, and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 4294, at page 1949. Ni NN).13SO 1 c0 N O N 00 � � N O) • O _ ti N y- 0) • LL N- N- O No d w ▪ N CL c•I z d d w O O}C7-- �w� QUZz o VJQO X CIO = wp=0 0 M Tr � M uu) tM 11) J Li 2407-95-8046 w 0 2 0 J w iZ z City Property X:\CADD\Projects\ARC Files\AGENDA MAPS\SPREAD\Ohio Ave \2407-95-9122,8046,9036\Ohio Avenue.mxd 0 N iff O co Support Servi fO�s� U� -�Hl `''77> (� .+rte.. ,„..�` i) t ; 5� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance declaring the properties located at 209 Middle Lane, 1533 Ohio Avenue, and 1541/1543 Ohio Avenue (GPINs 2407-95-9036, 2407-95-9122 and 2407-95-8046) to be in excess of the City's needs and authorizing the City Manager to sell same to Cashvan Homes, LLC. MEETING DATE: October 7, 2014 ■ Background: The City acquired 209 Middle Lane, 1533 Ohio Avenue and 1541/1543 Ohio Avenue (the "Properties") as part of the APZ-1/Clear Zone Use and Acquisition Plan. At the time of acquisition, the Properties were developed with one single- family home and two duplex dwellings, respectively, for a total of five (5) dwelling units. The improvements have been demolished or are slated for demolition. The APZ-1 Disposition Committee has evaluated the Properties and determined that it would be preferable to keep the Properties improved with residential use, albeit at a reduced density, as they are in the interior of Oceana Gardens, a stable residential neighborhood. By consolidating the Properties into one building site, density is being reduced by four (4) actual dwelling units, as only one single-family home will be permitted for development. A Request for Proposal (the "RFP") was advertised for two consecutive Sundays in The Virginian -Pilot as well as on the City of Virginia Beach website. Cashvan Homes, LLC responded to the RFP and was selected to develop the sites. • Considerations: Cashvan Homes, LLC is interested in purchasing the building site for total of $82,500. If the City retains these Properties, the City must pay to maintain the lots, an estimated annual cost of $630 per lot ($1,890 total). • Public Information: Advertisement for public hearing as required by Section 15.2-1800 Code of Virginia and advertisement of City Council Agenda. • Recommendations: Approve the request and authorize the City Manager to execute all necessary documents to convey the Properties subject to the terms and conditions in the attached Summary of Terms. • Revenue restriction: The City funded the acquisition of the Properties through the partnership with the Commonwealth of Virginia. The proceeds from the sale of the Properties in the amount of $82,500 will be received. Fifty percent (50%) of the proceeds 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 $41,250 retained by the City will be available for BRAC program acquisitions in future years, per agreement with the Commonwealth. • Attachments: Ordinance, Location Map, Summary of Terms Recommended Action: Approval of the ordinance Submitting Department/Agency: Public Works/Real Estate pin() City Manager: 'k 1 AN ORDINANCE DECLARING THE PROPERTIES 2 LOCATED AT 209 MIDDLE LANE, 1533 OHIO 3 AVENUE, AND 1541/1543 OHIO AVENUE (GPINS 4 2407-95-9036, 2407-95-9122 AND 2407-95-8046) TO 5 BE IN EXCESS OF THE CITY'S NEEDS AND 6 AUTHORIZING THE CITY MANAGER TO SELL 7 SAME TO CASHVAN HOMES, LLC. 8 9 WHEREAS, the City of Virginia Beach (the "City") is the owner of those 10 certain parcels of land located at 209 Middle Lane, 1533 Ohio Avenue and 1541/1543 11 Ohio Avenue (collectively, the "Properties"), more particularly described on Exhibit "A" 12 attached hereto and made a part hereof; 13 14 WHEREAS, the City acquired the Properties pursuant to the APZ-1 15 Acquisition Program; 16 17 WHEREAS, the City funded the acquisition of the Properties through a 18 partnership with the Commonwealth of Virginia (the "Commonwealth"), with each party 19 contributing fifty percent (50%) of the funds; 20 21 WHEREAS, the Properties are in the midst of other residences and at the 22 time of acquisition were improved with a single-family dwelling and two duplex 23 dwellings, which have since been demolished or are slated for demolition; 24 25 WHEREAS, City Council has elected to allow the reconstruction of one (1) 26 single-family home on the Properties in order to maintain the integrity of the 27 neighborhood; 28 29 WHEREAS, a Request for Proposal ("RFP") was advertised for the 30 potential sale of the Properties; 31 32 WHEREAS, Cashvan Homes, LLC ("Cashvan") was one of the 33 respondents to the RFP and was selected to develop the sites; 34 35 WHEREAS, the APZ-1 Disposition Committee has recommended that City 36 Council declare the Properties to be in excess of the City's needs and sell the 37 Properties to Cashvan; 38 39 WHEREAS, Cashvan will build one (1) new single-family home on the 40 Properties to prescribed standards acceptable to the City, including elevated noise 41 attenuation and design criteria, and Cashvan will thereafter convey the improved 42 Properties to an owner -occupant; 43 44 WHEREAS, Cashvan will purchase the Properties in accordance with the 45 Summary of Terms attached hereto as Exhibit "B" and made a part hereof; and 46 47 WHEREAS, the City Council is of the opinion that the Properties are in 48 excess of the needs of the City of Virginia Beach. 49 50 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 51 OF VIRGINIA BEACH, VIRGINIA: 52 53 That the Properties located at 209 Middle Lane, 1533 Ohio Avenue and 54 1541/1543 Ohio Avenue are hereby declared to be in excess of the needs of the City of 55 Virginia Beach and that the City Manager is hereby authorized to execute any 56 documents necessary to convey the Properties to Cashvan Homes, LLC in accordance 57 with the Summary of Terms and such other terms, conditions or modifications as may 58 be acceptable to the City Manager and in a form deemed satisfactory by the City 5 9 Attorney. 60 61 Further, that the revenue from the sale of the Properties in the amount of 62 $82,500 shall be received and fifty (50) percent of this amount shall be appropriated to 63 CIP #9-060, Oceana Interfacility Traffic Area Conformity and Acquisition, and fifty (50.) 64 percent shall be deposited for future payment by the City Manager to refund the 65 Commonwealth's portion in accordance with the grant agreement. A manual 66 encumbrance will be established to ensure that the $41,250 retained by the City will be 67 available for BRAC program acquisitions in future years per the agreement with the 68 Commonwealth. 69 70 This ordinance shall be effective from the date of its adoption. 71 72 Adopted by the Council of the City of Virginia Beach, Virginia, on the 73 day of , 2014. CA12969 R-1 9/17/14 \\vbgov.com\dfsl \applications\citylawprod\cycom 32\wpdocs\d008\p024\00153503.doc APPROVED AS TO CONTENT APPROVED AS TO CONTENT pa),,m)E4- C lic Works APPROVED AS TO LEGAL SUFFICIENCY City Attffice Management Services I EXHIBIT A LEGAL DESCRIPTION Building Site 1 (209 Middle Lane, 1533 Ohio, 1541/1543 Ohio) Parcel One - GPIN: 2407-95-9036 (209 Middle Lane) ALL THAT certain lot, piece or parcel of land, situate in the City of Virginia Beach (formerly County of Princess Anne), State of Virginia, being known, numbered and designated as the southern 60 feet of the northern 125 feet of Lots 9 and 10, in block 9, on the plat of Oceana Gardens, which plat is recorded in the Clerk's office of the Circuit Court of the City of Virginia Beach, Virginia (formerly County of Princess anne), in Map Book 3 at page 51; said property fronting 60 feet on the western side of Middle Lane and extending back between parallel lines 120 feet; its northern side being parallel with and 65 feet south of the southern side of Ohio Avenue. RESERVING UNTO THE CITY all underlying fee in and to the streets, alleys, and other rights-of-way abutting said Property, and all easements of any description and rights of ingress and egress benefiting the City or the public. IT BEING the same property conveyed to the City of Virginia Beach by Deed from Joan Price Grasser and Catherine Elaine Burgess dated May 6, 2011, recorded in the aforesaid Clerk's Office as Instrument Number 20110523000521300 Parcel Two - GPIN: 2407-95-9122 (1533 Ohio Avenue) ALL THAT certain lot, piece or parcel of land, together with the buildings and improvements thereon, lying, being and situate in the City of Virginia Beach, Virginia and being designated and described as "GPIN: 2407-95-9122," and further being described as "GPIN: 2407- 95-9122 7,796 SQ. FT. 0.179 ACRES," as shown on that certain plat entitled "PLAT SHOWING PROPERTY TO BE ACQUIRED FROM NALA CORPORATION (GPIN: 2407-95-9122) BY SHEPHERD ENTERPRISES, LLC," Scale: 1=20', dated October 11, 2012, prepared by Rouse-Sirine Associates, Ltd., which plat is duly recorded in Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument Number 20121228001474280, to which reference is made for more particular description. RESERVING UNTO THE CITY all underlying fee in and to the streets, alleys, and other rights-of-way abutting said Property, and all easements of any description and rights of ingress and egress benefiting the City or the public. I IT BEING the same the same property conveyed to the City of Virginia Beach by Deed from Shepherd Enterprises, LLC dated August 1, 2013 and recorded in the aforesaid Clerk's office as Instrument Number 20130802000911890. Parcel Three — GPIN: 2407-95-8046 (1541/1543 Ohio Avenue) ALL THAT certain lot, piece or parcel of land, with the buildings and improvements thereon, lying, situate and being in the City of Virginia Beach, Virginia, and known, numbered and designated as Lot 8-A, as shown on that certain plat entitled "Resubdivision of Lot 8, Block 9, plat of Oceana Gardens, Lynnhaven Borough, Virginia Beach, Virginia", 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 128, at page 3. RESERVING UNTO THE CITY all underlying fee in and to the streets, alleys, and other rights-of-way abutting said Property, and all easements of any description and rights of ingress and egress benefiting the City or the public. IT BEING the same the same property conveyed to the City of Virginia Beach by Deed from Samal Holdings,LLC dated March 4, 2010 and recorded in the aforesaid Clerk's office as Instrument Number 20100310000231850. EXHIBIT B SUMMARY OF TERMS SALE OF EXCESS PROPERTY AT 209 MIDDLE LANE, 1533 OHIO AVENUE, & 1541/1543 OHIO AVENUE SELLER: City of Virginia Beach BUYER: Cashvan Homes, LLC, a Virginia limited liability company. PROPERTY: Building Site: 209 Middle Lane (GPIN 2407-95-9036) 1533 Ohio Avenue (GPIN 2407-95-9122) 1541/1543 Ohio Avenue (GPIN 2407-95-8046) SALE PRICE: $82,500 for Building Site. CONDITIONS OF SALE • Property is purchased "As Is, Where Is." • Seller shall convey the Property subject to a deed restriction preventing the Property from being the subject of future participation in the APZ-1 Acquisition Program. • Buyer, at its own cost, shall resubdivide the properties from 3 lots to 1 lot by vacating interior lot lines. • Seller shall convey the Property subject to a plat or deed restriction limiting the Property to the development of one single-family dwelling unit, in perpetuity. • Buyer shall construct one single-family dwelling on the Property, in a style that substantially matches the style and design criteria approved by the Planning Department. • Buyer shall deposit Five Thousand and no/100 Dollars ($5,000.00) per building site at the execution of the Purchase Agreement. • Buyer is required to construct using materials for enhanced noise attenuation. • Buyer is required to complete construction no later than October 7, 2015. N1 31GGIW O 7J y 4 7 a) _ CDa ` CSw 0, v Ni 1S3M an u 0 CHIGAN AVE u 0 J 0 w mcg OwZ Z C1—OQ G Luc7 O>.Qco UOV' W X w C7 0) • o 0 N 0 0 0 I) r ; 0 O X:\CADD\Projects\ARC Files\AGENDA MAPS\SPREAD\2407-95-7518\2407-95-7518.mxc City Property to be Sold r N a City Property Prepared by P.W./Eng./Eng. Support Services Bureau 08/28/2014 4 iL w P� CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance declaring the property located at 1548 Michigan Avenue (GPIN 2407-95-7518) to be in excess of the City's needs and authorizing the City Manager to sell the property to Dockey Lee Warren. MEETING DATE: October 7, 2014 • Background: As part of the APZ-1 Use and Acquisition Plan, the City of Virginia Beach acquired 1548 Michigan Avenue (the "Property") on February 27, 2014 for $140,000. The Property is improved with a single-family home, which is slated for demolition. The Property consists of 11,090 sq. ft. of land. Dockey Lee Warren (the "Buyer"), owns adjacent property at 1556 Michigan Avenue. The Buyer proposes to purchase the Property for $11,090 ($1/SF) and resubdivide it with his adjacent property to create one residential lot. • Considerations: The Property will be sold with a plat and 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 Buyer's offer of $1 per square foot is consistent with previous City properties sold as excess 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 all 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 $11,090 will be received. Fifty percent (50%) of the proceeds 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 $5,545 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 ac,,ph0 City Manager: IPA 1, 1 AN ORDINANCE DECLARING THE 2 PROPERTY LOCATED AT 1548 MICHIGAN 3 AVENUE (GPIN 2407-95-7518) TO BE IN 4 EXCESS OF THE CITY'S NEEDS AND 5 AUTHORIZING THE CITY MANAGER TO 6 SELL THE PROPERTY TO DOCKEY LEE 7 WARREN 8 9 WHEREAS, the City of Virginia Beach (the "City") is the owner of that certain 10 11,090 sq. ft. parcel of land located at 1548 Michigan Avenue (the "Property") more 11 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 18 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 one single-family dwelling unit; 22 23 WHEREAS, Dockey Lee Warren (the "Buyer") owns adjacent property at 24 1556 Michigan Avenue and has requested to purchase the Property in order to utilize it 2 5 in a manner compatible with the APZ-1 Ordinance; 26 27 WHEREAS, the Buyer desires to purchase the Property in accordance with 28 the Summary of Terms attached hereto as Exhibit "B" and made a part hereof; 29 30 WHEREAS, the APZ-1 Disposition Committee has recommended that City 31 Council declare the Property to be in excess of the City's needs and sell the Property to 32 the Buyer; and 33 34 WHEREAS, the City Council is of the opinion that the Property is in 35 excess of the needs of the City of Virginia Beach. 36 37 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 38 OF VIRGINIA BEACH, VIRGINIA: 39 40 That the Property located at 1548 Michigan Avenue is hereby declared 41 to be in excess of the needs of the City of Virginia Beach and that the City Manager is 42 hereby authorized to execute any documents necessary to convey the Property to 43 Dockey Lee Warren in accordance with the Summary of Terms attached hereto as 44 Exhibit "B" and such other terms, conditions or modifications as may be acceptable to 45 the City Manager and in a form deemed satisfactory by the City Attorney. 46 47 Further, that revenue from the sale of the Property in the amount of 48 $11,090 shall be received,and fifty (50) percent of this amount shall be appropriated to 49 CIP #9-060, Oceana Interfacility Traffic Area Conformity & Acquisition, and fifty (50) 5 o percent shall be deposited for future payment by the City Manager to refund the 51 Commonwealth's portion in accordance with the grant agreement. A manual 52 encumbrance will be established to ensure that the $5,545 retained by the City will be 53 available for BRAC program acquisitions in future years per the agreement with the 54 Commonwealth. 55 56 This ordinance shall be effective from the date of its adoption. 57 58 Adopted by the Council of the City of Virginia Beach, Virginia, on the 59 day of , 2014. CA13093 R-1 9/17/14 \\vbgov.com\dfsl \applications\citylawprod\cycom 32\wpdocs\d026\p017\00150730.doc APPROVED AS TO CONTENT APPROVED AS TO CONTENT ccl l-. wv, blic Works APPROVED AS TO LEGAL SUFFICIENCY Cit Att•u'�-v's ��ffice Management Services II' EXHIBIT "A" GPIN 2407-95-7518 (1548 Michigan Avenue) ALL THOSE certain lots, pieces or parcels of land, with the buildings and improvement thereon, located near Oceana, in Oceana Gardens, Lynnhaven Magisterial District, City of Virginia Beach, Virginia, and known numbered and designated as the Western fifty (50) feet of the Southern one hundred fifty (150) feet of Lot Six (6), and the Eastern twenty-five (25) feet of the Southern one hundred fifty (150) feet of Lot Five (5), in Block Thirteen (13), of the Plat of Oceana Gardens duly of record in the Clerk's Office of the Circuit Court of the City of Virginia Beach in Map Book 3, at page 51, and more particularly described as follows: BEGINNING at a point on the Northern line of Michigan Avenue 250 feet West of the Northwest intersection of said Michigan Avenue and Middle Lane and running thence Westerly along the North line of said Michigan Avenue 75 feet; thence Northerly and parallel with Michigan Avenue 75 feet; thence Southerly and parallel with said Middle Lane 150 feet to the Northern line of said Michigan Avenue, the point of beginning. RESERVING UNTO THE CITY all underlying fee in and to the streets, alleys, and other rights-of-way abutting said Property, and all easements of any description and rights of ingress and egress benefiting the City or the public. IT BEING the same property conveyed to the City of Virginia Beach by deed from Nancy G. Braithwaite, dated February 27, 2014, and recorded in the aforesaid Clerk's Office in Instrument No. 20140227000171890. EXHIBIT "B" SUMMARY OF TERMS SALE OF EXCESS PROPERTY LOCATED AT 1548 Michigan Avenue Seller: City of Virginia Beach Buyer: Dockey Lee Warren Property: 1548 Michigan Avenue (GPIN: 2407-95-7518) consisting of 11,090 square feet of land. Legal Description: See Exhibit "A" to Ordinance Sale Price: $11,090 CONDITIONS OF SALE: • Property is purchased "As Is, Where Is." • Buyer has been advised of APZ-1 restrictions for use. • Buyer may use the Property for accessory structures, or Buyer may otherwise utilize the property for construction in conjunction with his adjacent property upon resubdivision to remove interior lot lines; however, Buyer may not add any new dwelling units. • Seller shall resubdivide the Property at its expense to vacate interior lot lines. • Seller shall demolish existing improvements on the Property. • 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. • Closing shall occur on or before October 7, 2015. ITEM: A Resolution Approving Olongapo, Philippines, as a Sister City to Virginia Beach MEETING DATE: October 7, 2014 • Background: The "Sister City" concept was inaugurated by General Dwight D. Eisenhower, President of the United States, as a "People -to -People" program (also known as "Hands Across the Sea") in 1956 to to establish greater friendship, peace and understanding between the people of the United States and those of other nations through direct personal relationships. Virginia Beach has enjoyed great experiences and personal relationships with our first Sister City, Moss, Norway, and annually shares commemorations of the Norwegian Lady with the Sons of Norway here and the City of Moss. In 1992, Virginia Beach became a Sister City with Miyazaki City, Japan, and much has been accomplished through adult and student exchanges, sharing the Volunteer program, establishing the Japanese Garden, and sharing Sister Parks, among other activities. In 2001, North Down Co., Bangor, Northern Ireland, became our third Sister City. As a result of Virginia Beach's 50th Anniversary and our City's large Filipino population, Olongapo, Philippines, was an invited guest, which resulted in a very active effort toward approving it as our fourth Sister City. Olongapo Mayor Rolen Paulino arrived in Virginia Beach amid great enthusiasm and received a warm reception from our citizens and business community. The Philippine Cultural Center fully endorses the proposed "sister city" relationship. In March, Councilman Jong Cortez arrived with a student delegation as an exchange visit to Tallwood High School. When Virginia Beach learned of the typhoon disaster in the Philippines, the City Council designated excess boats for shipment to the Philippines. During a Mayoral Delegation visit to Olongapo in May, the Virginia Beach Sister City/Trade Office was dedicated in the Olongapo City Hall, a Flag Square was erected, and an anchor was dedicated as further symbolisms of "friendship and sister relationship" between the two cities. Ambassador Jose L. Cuisia, Jr. visited Virginia Beach and blessed the efforts of Virginia Delegate Ron Villanueva, business owners, Roy and Naomi Estaris, and many other Filipino citizens who support this relationship. • Considerations: The Sister Cities Association of Virginia Beach has unanimously approved Olongapo, Philippines, as a "Sister City" to Virginia Beach and requests that City Council endorse this relationship for the official charter to be issued by the Sister Cities International Board of Directors. • Public Information: Public information will be provided through the normal Council agenda process. Approving Olongapo, Philippines as a Sister City Page 2of2 • Attachments: Resolution. Recommended Action: Approval Submitting Department/Agency: City Clerk City Manager: '� ��• 1 A RESOLUTION APPROVING OLONGAPO, 2 PHILIPPINES, AS A SISTER CITY TO 3 VIRGINIA BEACH 4 5 WHEREAS, the "Sister City" concept was inaugurated by General Dwight D. 6 Eisenhower, President of the United States, as a "People-to-People" program [also 7 known as "Hands Across the Sea] in 1956. The purpose was to establish greater 8 friendship, peace and understanding between the people of the United States and those 9 of other nations world-wide through direct personal relationships; 10 11 WHEREAS, all succeeding Presidents have endorsed this program and 12 promoted the sharing of cultures, economies, education, ideas, sports and various 13 other facets of personal, business and commercial exchanges. The People-to-People 14 program was enhanced in the establishment of Sister Cities International to involve 15 cities, towns and counties; 16 17 WHEREAS, the City of Virginia Beach, through disaster in the shipwreck of the 18 "Dictator", off the shores of Cape Henry in 1891, has enjoyed great experiences and 19 personal relationships with our first Sister City, Moss, Norway, and annually shares 20 commemorations of the Norwegian Lady with the Sons of Norway here and the City of 21 Moss. In 1992, Virginia Beach became a Sister City with Miyazaki City, Japan, and 22 much has been accomplished through adult and student exchanges, sharing the 23 Volunteer program, establishing the Japanese Garden, sharing Sister Parks, among 24 others. In 2001, North Down Co., Bangor, Northern Ireland, became our third Sister 25 City. As a result of Virginia Beach's 50t Anniversary and having a very large Filipino 26 population in the City, Olongapo, Philippines, was an invited guest which has resulted in 27 a very active effort toward our fourth Sister City; 28 29 WHEREAS, Olongapo Mayor Rolen Paulino arrived in Virginia Beach with great 30 enthusiasm, not only in his desire to twin with Virginia Beach but he was recognized by 31 so many Virginia Beach citizens from the airport to retail stores such as WalMart, AT&T 32 and Under Armour to the Nursing Homes and many citizens. The Philippine Cultural 33 Center and its members fully endorsed the proposed "sister city" concept and dedicated 34 their efforts to culminate this relationship. In March, Councilman Jong Cortez arrived 35 with a student delegation as an exchange visit to Tallwood High School - - the first ever 36 student "exchange" with Olongapo. When Virginia Beach learned of the typhoon 37 disaster in the Philippines, they immediately designated excess boats which are now 38 being shipped to the Philippines. During a Mayoral Delegation visit to Olongapo in May, 39 the Virginia Beach Sister City/Trade Office was dedicated in the Olongapo City Hall, a 40 Flag Square was erected and an anchor was dedicated as further symbolisms of 41 "friendship and sister relationship" between the two cities; 42 43 WHEREAS, a spark of interest was ignited between businessmen and citizens of 44 the City of Virginia Beach who compose the Philippine Cultural Center which became 45 the "fireworks" of excitement when Mayor Rolen Paulino and his Mayoral Delegation 46 visited the City to celebrate their 50th Anniversary in September 2013; and, 47 48 WHEREAS, Ambassador Jose L. Cuisia, Jr. visited Virginia Beach and blessed 49 the efforts of Virginia Delegate Ron Villanueva, business owners, Roy and Naomi 50 Estaris and many other Filipino citizens who support the twining of OLONGAPO, 51 PHILIPPINES, and the CITY OF VIRGINIA BEACH. 52 53 WHEREAS, the Sister Cities Association of Virginia Beach has unanimously 54 approved Olongapo, Philippines, as a "Sister City" to Virginia Beach and requests 55 Members of the Virginia Beach City Council endorse this relationship for the official 56 charter to be issued by the Sister Cities International Board of Directors. 57 58 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 59 VIRGINIA BEACH, VIRGINIA: 60 61 That the City Council hereby endorses the relationship of Olongapo, Philippines, 62 as a Sister City to Virginia Beach. 63 64 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 65 BEACH, VIRGINIA: 66 67 The City Clerk is directed to transmit a copy to the President of the Sister Cities 68 Association of Virginia Beach and an original submitted to the SCI office in Washington, 69 D. C. at the earliest possible date. Adopted by the City Council of the City of Virginia Beach, Virginia, on this day of , 2014. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: CA13125 R-1 October 1, 2014 City Attorney's Office Republic of the Philippines CITY OF OLONGAPO Sangguniang Taniungsod EXCERPTS FROM THE MINUTES OF THE REGULAR SESSION OF THE SANGGUNIAiNG PANLUNGSOD OF OLONGAPO, HELD ON AUGUST 14, 2013 AT THE CITY HALL. PRESS'1: Hon. Rodel S. Cerezo City Vice -Mayor & Presiding Officer Hon. Aquilino Y. Cortez, Jr. City Councilor Hon. Eduardo G. Guerrero Hon. Benjamin G. Cajudo II Hon_ Elena C. Daba Hon. Noel Y. Ati azn Hon. Alreuela M. Bundang-Ortiz Hon. Edna A. Elane- Hon. Emerito Linus D. Bacay ABSENT: Hon. Eytma Yvette Marzan-Estrella- - - Hon. Eduardo J. Piano Hon. Carlito A. Baloy Hon. Dolly Mae M. Ramos 4.4 CC - City Councilor (On Official Business) City Councilor President, Liga ng alga Barangay SK City Federation President RESOLUTION NO. 77 (Series of 2013) A RESOLUTION EXTENDING AN LNVLTAT1ON TO TIIE COUNCIL OF VIRGINIA BEACH CITY, VIRGINIA, (LSA,, TO BECOME A SISTER CITY OF OLONGAPO, PARTIAL IPA LN THE PHILIPPINE SISTERHOOD AND TWINNING PROGRAM AND AUTHORIZING THE HONORABLE CITY MAYOR ROLEN C. PAULINO TO ENTER INTO AGREEMENTS RELATIVE THERETO WHEREAS, hietory has shorn that the United States of America and the Republic of the Philippines have a siQJtifiwutw tar reaching relationship that has made an impact in the lives of both. Filipinos and Americans. Evert after the U.S. Navy left Subic Bay in 1992, the Subic Bay Metropolitan Authority and Olongapo City have hosted numerous Navy vessels by virtue of the Visiting Forces Agreement; 'WHERE'S, it can also be recalled then, that as a Bost to the US Naval Bases, Olongapo may have served as a second home to some military personnel who were, or, are now residents of Virginia Beach, where their military careers could be traced; WHEREAS, Virginia Beach serves as a hometown to a significant number of Olongapeiiios who have migrated to the US, and as such, the huge membership of the Olongapo Association, committed and actively participating in the programs and projects in the said comtnunitxv WHEREAS, the upcoming visit of the State Delegate of Virginia and Economic Development Director of its Council and other coordinating officials is a gesture of an existing healthy exchange of influences in culture, cuatums, traditions, lifestyle, and principles of both countries. unveiling the endless opportunities for the mutual development of the communities we WHEREAS, it is but fitting to nourish the said ties and formalize partnership initiatives in areas of common concern for both comrnunitics, through the Philippine Sisterhood and Twinning Program, towards reaping the benefits ofcohesion and exchange_ Republic of the Philippines CITY OF OLONGAPO Sangguniang'Fan(ungsoi Con't. of Resolution No. 77. Series of 2013_ NOW, THEREFORE, on notion of City Councilor Noel Y. Atienza, with the unanimous accord of the Members of the Song'=unians Paniungsoci me Beni RESOLVED, AS IT IS HEREBY RESOLVED, by the Sangguniang Paniungsod in session assembled , to extend. as it hereby extends, an invitation to the Council of Virginia Beach City. Virginia. U.S.A. to become a sister city of Olongapo, participate in the Philippine Sisterhood and Twinning Pro`gratn and authorizing the Honorable City= Mayor Roien C. Paulino to enter into agreements relative thereto. APPROVED UNANTMOU LY, August 14, 20 City RODEL S. ice -Mayor EYRMA YVETTE MARZAN- ESTRELLA City Councilor (on official_ business) AQU ORTEZ, JR. uncilor BENJAMING.'CAJUDQ- City Councilor"- NOEL ouncilo j NOEL Y. ATIENiA City Councilor EDNA A. `ANE City Councilor CARLITO A. BALOY President. Liga ng rasa Barangay (absent) 0 res mg Officer EDUARDO J. PIANO City Councilor (absent) i EDUARDG. GUERRERO uncilor 1.1 ELEi 7 C. DABU Cita- Councilor ALREUEL M. BUNDANG-ORTIZ ity C.ycilor ATTEST: MARIA4i 'TORIA PULMANO-BAVIERA Tcmporary Council Secretary EMERITO L City r' CAY DOLLY MAE ". RAiMOS SK City Federation President {absent APPROVED BY HIS HONOR, THE CITY MAYOR OiN -'-r;ust 1 j, 201? ROLEN C. PAULINO city Nlavor ATTEST: SHEILA DILL i Secretary io thk City Mayor Republic of the Philippines CITY OF OLONGAPO Sangguniang cpanl urugsot EXCERPTS FROiV1 THE IVILNITTES OF THE REGULAR SESSION OF THE SANGGUNIANG PANLUNGSOD OF OLONGAPO, HELD ON AUGUST 14, 2013 AT THE CITY HALL. PRESENT: Hon. Rodel S. Cerezo City Vice -Mayor & Presiding Officer Hon. Aquilino Y. Cortez, Jr. City Councilor Hon. Eduardo G. Guerrero Hon. Benjamin G. Cajudo II Hon_ Elena C. Dabu Hon. Noel Y. Atie*s_za Hon. Alreuela M. Bundanb Ortiz Hon. Edna A. Elane- Hon. Emerito Linus D. Bacay ABSENT: Hon. Eynna Yvette Marzan-Estrella- - - Hon. Eduardo J. Piano Hon. Carlito . Baloy Hon. Dolly Mae M. Ramos- - City Councilor (On Official Business) City Councilor President, Liga ng mga Barangay SK City Federation President RESOLUTION NO. 78 (Series of 2013) A RESOLUTION EXPRESSING WARM WELCOME AND FELICITATIONS TO THE STATE DELEGATE OF VIRGINIA, I,I.S..., MR. RON VILLANUEVA, CITY OF VIRGINIA BEACH ECONOMIC DEVELOPMENT DIRECTOR, MIL WARREN HARRIS AND THE TRAVEL CLUB PRESIDENT, MR. ROY ES T ARTS, ALL FROM VIRGINIA BEACH CITY, VIRGENIA, U.S.A. WHEREAS, the City of Olongapo is deeply honored for the visit of officials from communities of the world, in the spirit of cordiality nurtured through meartingful sisterhood a reemenls mutually benefiting the people of both gokeniment., WHEREAS, the Virginia Beach City, Virginia, U.S.A. and Olongapo City look forward of the sister city ties between them and anticipate the benefits of cohesion and exchange through their developmental initiatives; WHEREAS, the City stands privileged to welcome its doors to Honorable Ron Villanueva , The Sate: Delegate of Virginia, U_S_k, Mr. Wannen Harris, the City's Economic. Development Director together with Mr. Roy Estaris, of the Travel Club,Virginia, U.S.A. in this new era of cooperation; WHEREAS, Mr. Ron Villanueva is known to represent the rights_ privileges and concerns of the constituents of VirOnia City,. amongst therm are our very own kababayans, particularly from Olongapo who migrated in the United States. We are indeed thankful for his commitment in building coalitions from all groups and associations, more so representing our people, all in the spirit of unity: WHEREAS, Mr_ Warren Harris' presence in the trade mission, provides optimists in exploring possible socio-tr.,onuinic and tourism partnerships between the two cities. Olongapo stands privileged to be benefitting from the collaborative learning and network programs in the area of education, business and culture exchange: WHEREAS, as President of the Travel Club, Mr. Roy Estaris. valuable role in this trade mission is of great encouragement as it engraves that positive indicator of our common quest for good governance. transparency and unity amidst our diversity: Republic of the Philippines CITY OF OLONGAPO Sangguniang •P antungsodt Can't. of Resolution No. 78. Series of 2013. -7- NOW, THEREFORE, on motion of City Councilor Alreuela L Bundang-Ortiz with the unanimous accord of the Members of the Sangguniang Panlunasod present RESOLVED, AS IT IS HEREBY RESOLVED, by the Sangguniang Panlungsod in session assembled, to express, as it hereby expresses, warm welcome and felicitations to the State Delegate of Virginia, U.S.A., Mr. Ron Villanueva, City of Virginia Beach Economic Development Director, Mr. Warren Harris and be Travel Club President Mr. Roy Estaris, all from Virginia Beach City, Virginia, U.S.A. APPROVED UNANIMOUS Y, August 14, 20a ROD.EL S,`(:EB EZO City Ice -Mayor residing Officer EY RMA YVE 1 13• MLARZAN- ESTRELLA City Councilor (on official . business) AQUILINO Y! CORTEZ, JR. City ouucilor BENJAMP G. CAJ[ I O II City Ceurc NOE Y. ATIENZ City Council 76./11 EDNA A_ EANE City Councilor CARLITO A. BALOY President, Liga ng num Barangav (absent) EDUARDO J. PLANO City Councilor (absent) EDUARIf O G. GUERRERO ncilor ELE C. DABU Councilor ALRE UES A M. B UNDAN G -O RTIZ City C cilor ENIERITO BACAY DOLLY 1VLAE RAIVIOS SK City Federation President (absent) ATTEST: 1 I r' -vv = r1 v MARIA VIC IORIA PULMANO-BAVIERA Tempor arti Council Secretary APPROVEDBY HIS I€ONOR, THE CITY MAYOR ON Avd7ust 15, 2013 ROLEN C. PAL LI, C itv Mayor ATTEST: SHEILA R. P;','cD€LLA Secretary to the t it Mayor CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Authorizing and Directing the City Manager to Execute, on Behalf of the City of Virginia Beach, a Revised Regional Consent Order Between the Virginia Water Control Board and the Localities of Hampton Roads Pertaining to the Control of Sanitary Sewer System Overflows MEETING DATE: October 7, 2014 • Background: Since September 2007, the Hampton Roads Sanitation District (HRSD) and all of the localities in Hampton Roads have operated the public sanitary sewer system under state and federal consent orders imposed to reduce sanitary sewer overflows. To date, these orders have mandated the implementation of Management, Operations and Maintenance (MOM) programs which improve system operation and reliability. Costly directives known as Regional Wet Weather Management Plans (RWWMP's) are pending under the existing orders. RWWMP's are mandated Capital Improvement Programs that when implemented would reduce inflow and infiltration in collection systems and increase transmission and treatment plant capacity. In March 2014, HRSD and the fourteen localities in Hampton Roads executed an agreement to transfer the responsibility for the RWWMP's from the localities to HRSD because studies determined that HRSD could implement a single RWWMP more effectively and at a lower total cost. For this agreement to become effective, both the federal and state consent orders must be modified. HRSD and the US Environmental Protection Agency modified the federal order on August 25, 2014. The Virginia Department of Environmental Quality and the localities have negotiated a revised state order, which is the subject of this agenda request. • Considerations: This new Order of Consent supersedes and terminates the existing order. It mandates that the localities maintain a MOM program in accordance with industry accepted practices and minimum standards contained in the Order. This is a prevailing obligation under the existing order, and it is also an obligation under the agreement that the localities executed with HRSD in March 2014. The City's existing, DEQ -approved MOM program meets or exceeds all standards and requirements contained in the new Order. Other than what is embedded in the existing MOM plans, mandates dealing with infiltration, inflow, capacity issues and the RWWMP have been eliminated. These mandates are now included in HRSD's federal order. • Public Information: Public information will be provided through the normal Council agenda process for an action of this kind. • Recommendations: HRSD and the localities executed an agreement in March 2014 in which HRSD agreed to assume responsibility for the RWWMP's. It is a more efficient and effective way to implement the RWWMP's. HRSD has modified its federal Regional Order of Consent between the DEQ and the localities in Hampton Roads Page 2 of 2 order consistent with that agreement. The proposed Order of Consent will modify the state order accordingly. Approval is recommended. • Attachments: Resolution, Summary of Material Terms, Order of Consent Recommended Action: Approval Submitting Department/Agency: Public Utilities owt City Manager: 1 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY 2 MANAGER TO EXECUTE, ON BEHALF OF THE CITY OF 3 VIRGINIA BEACH, A REVISED REGIONAL CONSENT ORDER 4 BETWEEN THE VIRGINIA WATER CONTROL BOARD AND THE 5 LOCALITIES OF HAMPTON ROADS PERTAINING TO THE 6 CONTROL OF SANITARY SEWER SYSTEM OVERFLOWS 7 8 WHEREAS, since September 2007, the Hampton Roads Sanitation District 9 ("HRSD") and all of the localities in Hampton Roads (the "Localities") have operated the 10 public sanitary sewer system under state and federal consent orders (the "State 11 Consent Order" and "Federal Consent Order," respectively) intended to reduce sanitary 12 sewer overflows; and 13 WHEREAS, to date, such orders have mandated the implementation of 14 Management, Operations and Maintenance ("MOM") programs to improve system 15 operation and reliability; and 16 WHEREAS, directives known as Regional Wet Weather Management Plans 17 ("RWWMP's"), which are mandated capital improvement programs that, when 18 implemented, reduce inflow and infiltration in collection systems and increase 19 transmission and treatment plant capacity are pending under the Consent Orders; and 20 WHEREAS, in March 2014, HRSD and the fourteen localities in Hampton Roads 21 executed an agreement to transfer the responsibility for the RWWMP's from the 22 localities to HRSD because studies determined that HRSD could implement a single 23 RWWMP more effectively and at a lower total cost; and 24 WHEREAS, as a result of the aforesaid agreement, HRSD and the United States 25 Environmental Protection Agency modified the Federal Consent Order on August 25, 2014 to 26 transfer responsibility to HRSD to develop, fund and implement the RWWMP; and 27 WHEREAS, as the responsibility for the RWWMP has been transferred to HRSD solely, 28 the RWWMP requirements and conditions contained in the State Consent Order, as amended, 29 are no longer applicable to the Localities, such that the current State Consent Order must be 30 amended; and 31 WHEREAS, The Virginia Department of Environmental Quality and the localities have 32 negotiated a revised State Consent Order superseding and terminating the existing State 33 Consent Order and mandating that the localities maintain a MOM program in accordance with 34 industry- accepted practices and minimum standards contained in the revised Order; and 35 WHEREAS, the City is already required, by both the current State Consent Order and 36 the March 2014 agreement with HRSD, to maintain a MOM program in accordance with such 37 practices and standards; and 38 WHEREAS, other than what is embedded in the existing MOM plans, the mandates 39 dealing with infiltration, inflow, capacity issues and the RWWMP have been eliminated in the 40 revised State Consent Order; and 41 WHEREAS, the City's existing MOM program meets or exceeds all standards and 42 requirements contained in the revised State Consent Order; 43 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 44 OF VIRGINIA BEACH, VIRGINIA: 45 That the City Manager is hereby authorized and directed to execute, on behalf of 46 the City of Virginia Beach, the proposed revised State Consent Order described 47 hereinabove, which Order is entitled "STATE WATER CONTROL BOARD 48 ENFORCEMENT ACTION - ORDER BY CONSENT ISSUED TO THE CITIES OF 49 CHESAPEAKE, HAMPTON, NEWPORT NEWS, NORFOLK, POQUOSON, 50 PORTSMOUTH, SUFFOLK, VIRGINIA BEACH, AND WILLIAMSBURG; THE 51 COUNTIES OF GLOUCESTER, ISLE OF WIGHT, AND YORK; THE JAMES CITY 52 SERVICE AUTHORITY; AND THE TOWN OF SMITHFIELD," a summary of the 53 material terms of which has been exhibited to the City Council and a true and complete 54 copy of which is on file at the Department of Public Utilities. 55 56 Adopted by the City Council of the City of Virginia Beach, Virginia on the 57 day of , 2014. 58 APPROVED AS TO CONTENT: 10344 041 117 Public Utilities Department CA -13119 R-1 September 24, 2014 777 - APPROVED AS TO LEGAL SUFFICIENCY: Ci y Attorney's Office 2 REGIONAL ORDER OF CONSENT FOR THE OPERATION AND MAINTENACE OF SANITARY SEWER COLLECTION SYSTEMS BETWEEN THE STATE WATER CONTROL BOARD, VIRGINIA BEACH, AND OTHER LOCALITIES IN HAMPTON ROADS SUMMARY OF MATERIAL TERMS PARTIES: The City of Virginia Beach, all other localities that operate sanitary sewer collections systems in Hampton Roads, and the Virginia State Water Control Board (SWCB). SUBJECT: A new regulatory Order of Consent for the operation and maintenance of sanitary sewer collection systems in Hampton Roads, replacing an existing order that Virginia Beach and other localities in Hampton Roads have operated under since September 2007. PURPOSE: To preserve certain existing locality mandates with respect to Management, Operations, and Maintenance (MOM) programs; and to abolish other mandates with respect to infiltration, inflow, capacity and the Regional Wet Weather Management Plan that have now been assumed by the Hampton Roads Sanitation District. CITY OBLIGATIONS: Continue to implement existing, approved MOM programs in accordance with industry -accepted practices relating to sewer inspection, evaluation, and repair of significant defects (excluding those for which HRSD is responsible pursuant to its Federal Consent Decree). The MOM plans must meet certain minimum standards and include quantifiable performance measures. SWCB and DEQ OBLIGATIONS: This Order will have the same force and effect as any sanitary sewer regulation enacted by the SWCB pursuant to the Code of Virginia and the Clean Water Act. The SWCB and DEQ will have an obligation to enforce the order upon the localities as they would with any applicable regulation. OTHER: This Order supersedes and terminates the Order by Consent issued by the SWCB on September 26, 2007, December 17, 2001 and March 17, 2005. The City's existing and approved MOM program meets and/or exceeds all standards and requirements contained in the new Order. Molly Joseph Ward Secretary of Natural Resources COMMONWEALTH of VIRGINIA DEPARTMENT OF ENVIRONMENTAL QUALITY Street address: 629 East Main Street, Richmond, Virginia 23219 Mailing address: P.O. Box 1105, Richmond, Virginia 23218 David K. Paylor www.deq.virginia.gov Director (804) 698-4000 STATE WATER CONTROL BOARD 1-800-592-5482 ENFORCEMENT ACTION - ORDER BY CONSENT ISSUED TO the cities of CHESAPEAKE, HAMPTON, NEWPORT NEWS, NORFOLK, POQUOSON, PORTSMOUTH, SUFFOLK, VIRGINIA BEACH, and WILLIAMSBURG; the counties of GLOUCESTER, ISLE OF WIGHT, and YORK; the JAMES CITY SERVICE AUTHORITY; and the town of SMITHFIELD SECTION A: Purpose This is a Consent Order issued under the authority of Va. Code § 62.1-44.15, between the State Water Control Board and the cities of Chesapeake, Hampton, Newport News, Norfolk, Poquoson, Portsmouth, Suffolk, Virginia Beach, and Williamsburg; the counties of Gloucester, Isle of Wight, and York; the James City Service Authority; and the town of Smithfield (the "Localities" collectively or "Locality" separately) for the purpose of resolving certain violations of the State Water Control Law and the applicable regulation and to supersede and cancel those certain Orders by Consent between the Board, the Hampton Roads Sanitation District (HRSD) and the Localities. SECTION B: Definitions Unless the context clearly indicates otherwise, the following words and terms have the meaning assigned to them below: 1. "Board" means the State Water Control Board, a permanent citizens' board of the Commonwealth of Virginia, as described in Va. Code §§ 10.1-1184 and 62.1-44.7. 2. "Department" or "DEQ" means the Department of Environmental Quality, an agency of the Commonwealth of Virginia, as described in Va. Code § 10.1-1183. 3. "Director" means the Director of the Department of Environmental Quality, as described in Va. Code § 10.1-1185. 4. "Discharge" means discharge of a pollutant. 9 VAC 25-31-10 5. "Discharge of a pollutant" when used with reference to the requirements of the VPDES permit program means: (a) Any addition of any pollutant or combination of pollutants to surface waters from any point source; or (b) Any addition of any pollutant or combination of pollutants to the waters of the contiguous zone or the ocean from any point source other than a vessel or other floating craft which is being used as a means of transportation. 6. "HRSD" means the Hampton Roads Sanitation District, a political subdivision created by a 1940 Act of the General Assembly of Virginia and charged with the responsibility to provide sewage treatment services for the communities in the Hampton Roads metropolitan area. HRSD is a "person" within the meaning of Va. Code §62.1-44.3. 7. "MOM" means management, operations, and maintenance. 8. "Order" means this document, also known as a "Consent Order" or "Order by Consent," a type of Special Order under the State Water Control Law. 9. "Pollutant" means dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials (except those regulated under the Atomic Energy Act of 1954, as amended (42 USC § 2011 et seq.)), heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural waste discharged into water. 9 VAC 25-31-10 10. "Pollution" means such alteration of the physical, chemical, or biological properties of any state waters as will or is likely to create a nuisance or render such waters (a) harmful or detrimental or injurious to the public health, safety, or welfare or to the health of animals, fish, or aquatic life; (b) unsuitable with reasonable treatment for use as present or possible future sources of public water supply; or (c) unsuitable for recreational, commercial, industrial, agricultural, or other reasonable uses, provided that (i) an alteration of the physical, chemical, or biological property of State waters or a discharge or deposit of sewage, industrial wastes or other wastes to state waters by any owner which by itself is not sufficient to cause pollution but which, in combination with such alteration of or discharge or deposit to state waters by other owners, is sufficient to cause pollution; (ii) the discharge of untreated sewage by any owner into state waters; and (iii) contributing to the contravention of standards of water quality duly established by the Board, are "pollution." Va. Code § 62.1-44.3 11. "Regulation" means the VPDES Permit Regulation, 9 VAC 25-31-10 et seq. 12. "Sanitary sewer collection system" or "Facility" means those sewer assets individually owned by a Locality. 2 13. "Significant Defect" means a physical condition in the sanitary sewer collection system, including (i) existing or imminent structural failures, cave-ins, and similar defects and (ii) significant sources of inflow and infiltration (including but not limited to missing and/or damaged public clean -outs, missing manhole inserts, direct storrn water connections, and unsealed manhole pipe penetrations). 14. "State Water Control Law" means Chapter 3.1 (§ 62.1-44.2 et seq.) of Title 62.1 of the Va. Code. 15. "State waters" means all water, on the surface and under the ground, wholly or partially within or bordering the Commonwealth or within its jurisdiction, including wetlands. Va. Code § 62.1-44.3 16. "STP" means sewage treatment plant. 17. "TRO" means the Tidewater Regional Office of DEQ, located in Virginia Beach, Virginia. 18. "Va. Code" means the Code of Virginia (1950), as amended. 19. "VAC" means the Virginia Administrative Code. 20. "VPDES" means Virginia Pollutant Discharge Elimination System. SECTION C: Findings of Fact and Conclusions of Law 1. HRSD owns and operates an interceptor sewer system, which includes both gravity and force mains, and nine (9) STPs, which serve the Hampton Roads area (HRSD System). Discharges of treated wastewater from the STPs into State waters are regulated by VPDES permits issued by the Board. 2. The Localities individually own and operate sanitary sewer collection systems which collect sewage within their individual jurisdictional boundaries and deliver it to the HRSD System for treatment. 3. Due to pipe breaks, electrical outages, infiltration and inflow, insufficient capacity in the collection, interceptor and treatment systems, and other factors, untreated sewage has been and is being discharged from various locations in the individual sanitary sewer collection systems of the Localities and HRSD to various state waters in the area. The low-lying nature of the Hampton Roads region and corresponding high groundwater table, together with periodic widespread flooding in the region's urbanized areas, are significant factors contributing to the discharge of untreated sewage. 4. Infiltration and inflow due to system age, damage by contractors working in public rights-of-way, grease, and limited root intrusion problems have historically resulted in instances of backups, malfunction or rupture, resulting in overflows of untreated sewage from various locations in the Norfolk sanitary sewer collection system and the HRSD System. 3 5. Section 62.1-44.5.A of the Code and the Regulation at 9 VAC 25-31-50.A prohibit the discharge of sewage to state waters except as authorized by a permit issued by the Board. The Board has not issued the Localities permits authorizing said discharges of untreated sewage. Accordingly, the Board finds that the Localities have violated Va. Code § 62.1- 44.5.A and 9 VAC 25-31-50.A. 6. Notwithstanding the foregoing, the City of Norfolk entered into two Orders by Consent with HRSD and the Board effective December 17, 2001 and March 17, 2005. The 2001 Consent Order comprehensively addressed sanitary sewer overflows by requiring development of collection system plans, expenditure of $13.5 million on capital improvements and system operation, and completion of a Sanitary Sewer Evaluation Survey and a gravity line inspection program in the City of Norfolk. The 2005 Consent Order required HRSD and Norfolk to, among other things, address wet weather issues in the City of Norfolk with a Long Term Control Plan requiring a minimum annual investment in sewer infrastructure. Norfolk has invested over $100 million in the Norfolk System and is in compliance with the prior Consent Orders. 7. To address the unpermitted discharge of sewage due to wet weather occurrences, the Board entered into an Order by Consent with HRSD and the Localities (excluding Norfolk) effective September 26, 2007. This Order by Consent, as amended, requires that HRSD and the Localities (excluding Norfolk) jointly develop a Regional Wet Weather Management Plan ("RWWMP") that identifies, quantifies, prioritizes, and proposes a schedule for implementing regional sewer system enhancements among other things. 8. To address regional wet weather sewer capacity requirements, on February 23, 2010, HRSD, DEQ, and the United States Environmental Protection Agency entered into a Federal Consent Decree. The Federal Consent Decree requires, among other things, that HRSD work in consultation with the Localities (excluding Norfolk) to develop a RWWMP that will ensure adequate wet weather sewer capacity in HRSD's portion of the regional sewer system. 9. During the ongoing planning for the RWWMP, HRSD and the Localities researched the most cost effective and practical means for development and implementation of the RWWMP. The studies resulted in unanimous support of an alternate regionalization approach whereby HRSD would take responsibility for regional wet weather capacity. Under this approach, HRSD will assume sole responsibility for drafting, funding, and implementing the RWWMP without assuming ownership of Locality sewer system assets. The approach was formally adopted by all the Localities and HRSD through a regional Memorandum of Agreement dated March 10, 2014. The Memorandum of Agreement creates mutually enforceable obligations by and between HRSD and each of the Localities to facilitate the agreed-upon regionalization approach. The Memorandum of Agreement and HRSD's Federal Consent Decree work in conjunction with this Order by Consent to form a coordinated regional approach to providing and maintaining regional wet weather capacity. 4 10. On August 26, 2014, the United States Environmental Protection Agency amended the Federal Consent Decree to reflect the alternate regionalization plan specifying HRSD's responsibility to develop, fund and implement the RWWMP. 11. As the responsibility for the RWWMP has been transferred to HRSD solely, the RWWMP requirements and conditions contained in the Order by Consent, as amended, are no longer applicable to the Localities. 12. Proper management, operation, and maintenance of sanitary sewer infrastructure must continue to be conducted by Localities to prevent dry weather unpermitted sanitary sewer overflows and to ensure compliance with the referenced statutory and regulatory provisions. Under their 2001 and 2005 Consent Orders, Norfolk developed a collection system (i.e. a MOM) plan, which was accepted by DEQ and implemented. Pursuant to the 2007 Order by Consent, the Localities (excluding Norfolk) developed MOM plans for DEQ approval and implementation. This order serves to formalize the Localities' commitment to continue to implement and follow their accepted and/or approved, individual MOM programs. SECTION D: Agreement and Order By virtue of the authority granted it in Va. Code § 62.1-44.15, the Board orders each Locality, and each Locality agrees from the effective date of this Order forward, to implement a MOM program designed to maintain and operate Locality -owned collection system assets in accordance with industry -accepted practices relating to sewer inspection, evaluation and repair of Significant Defects (not scheduled to be addressed by the RWWMP and excluding those for which HRSD is responsible pursuant to the Federal Consent Decree as amended) and that at minimum includes the parameters described in Appendix A of this Order. The MOM program must document the MOM program elements used to manage each Locality's sewer system and minimize unpermitted sanitary sewer overflows. The MOM program shall include a sanitary sewer overflow response plan and quantifiable parameters for assessing program implementation. Throughout the life of the MOM program, a meaningful set of enforceable quantitative performance measures must be maintained. Performance assessment measures may be added, deleted, and/or modified if such revision results in a better assessment of the performance and effectiveness of the MOM program. The Board and the Localities understand and agree that the requirements in this Order are the individual obligations of each party named in the Order, and no party shall be liable for noncompliance of another party with the requirements of this Order. Further the Board and the Localities understand and agree that this Order supersedes and terminates the Order by Consent issued by the Board on September 26, 2007, December 17, 2001 and March 17, 2005. SECTION E: Administrative Provisions 1. The Board may modify, rewrite, or amend this Order with the consent of the Localities for good cause shown by the Localities, or on its own motion pursuant to the Administrative Process Act, Va. Code § 2.2-4000 et seq., after notice and opportunity to be heard. 5 2. This Order addresses and resolves all system overflows and releases from the sewer systems owned by the Localities and known or reported to the DEQ up to the date of execution of this Order by the Localities. This Order shall not preclude the Board or the Director from taking any action authorized by law, including but not limited to: (a) taking any action authorized by law regarding any additional, subsequent, or subsequently discovered violations; (b) seeking subsequent remediation of the facility; or (c) taking subsequent action to enforce the Order. 3. For purposes of this Order and subsequent actions with respect to this Order only, the Localities admit to the jurisdictional allegations, and agree not to contest, but neither admit nor deny the findings of fact and conclusions of law in this Order. 4. The Localities consent to venue in the Circuit Court of the City of Richmond for any civil action taken to enforce the terms of this Order. 5. The Localities declare they have received fair and due process under the Administrative Process Act and the State Water Control Law and waive the right to any hearing or other administrative proceeding authorized or required by law or regulation, and to any judicial review of any issue of fact or law contained herein. Nothing herein shall be construed as a waiver of the right to any administrative proceeding for, or to judicial review of, any action taken by the Board to modify, rewrite, amend, or enforce this Order. 6. Failure by any Locality to comply with its respective individual obligations under the terms of this Order shall constitute a violation of an order of the Board by the party who fails to comply. Nothing herein shall waive the initiation of appropriate enforcement actions or the issuance of additional orders as appropriate by the Board or the Director as a result of such violations. Nothing herein shall affect appropriate enforcement actions by any other federal, state, or local regulatory authority. The Localities do not waive any rights or objections they may have in any enforcement action by other federal, state, or local authorities arising out of the same or similar facts to those recited in this Order. 7. If any provision of this Order is found to be unenforceable for any reason, the remainder of the Order shall remain in full force and effect. 8. The Localities shall be responsible for failure to comply with their individual obligations under this Order unless compliance is made impossible by earthquake, flood, other acts of God, war, strike, or such other unforeseeable circumstances beyond their control and not due to a lack of good faith or diligence on their part. The Locality claiming this defense shall demonstrate that such circumstances were beyond its control and not due to a lack of good faith or diligence on its part. The Locality shall notify the DEQ Regional Director verbally within 24 hours and in writing within three business days when circumstances are anticipated to occur, are occurring, or have occurred that may delay compliance or cause noncompliance with any requirement of the Order. Such notice shall set forth: 6 a. the reasons for the delay or noncompliance; b. the projected duration of any such delay or noncompliance; c. the measures taken and to be taken to prevent or minimize such delay or noncompliance; and d. the timetable by which such measures will be implemented and the date full compliance will be achieved. 9. Failure to so notify the Regional Director verbally within 24 hours and in writing within three business days, of learning of any condition above, which the parties intend to assert will result in the impossibility of compliance, shall constitute a waiver of any claim to inability to comply with a requirement of this Order. 10. This Order is binding on the parties hereto and any successors in interest, designees and assigns, jointly and severally. 11. This Order shall become effective upon execution by both the Director or his designee and the Localities. 12. This Order shall continue in effect until: a. The Director or his designee terminates the Order after the Localities have completed all of the requirements of the Order; b. The Localities petition the Director or his designee to terminate the Order after they have completed all of the requirements of the Order and the Director or his designee approves the termination of the Order; or c. The Director or Board terminates the Order in his or its sole discretion upon thirty (30) days' written notice to the Localities. 13. Termination of this Order, or any obligation imposed in this Order, shall not operate to relieve each Locality from its obligation to comply with any statute, regulation, permit condition, other order, certificate, certification, standard, or requirement otherwise applicable. 14. The undersigned representative of each Locality certifies that he or she is a responsible official authorized to enter into the terms and conditions of this Order and to execute and legally bind the Locality to this document. Any documents to be submitted pursuant to this Order shall also be submitted by a responsible official of the Locality. 15. This Order constitutes the entire agreement and understanding of the parties concerning settlement of the violations identified in Section C of this Order; and there are no representations, warranties, covenants, terms or conditions agreed upon between the parties other than those expressed in this Order. 7 By their signatures below, the Localities voluntarily agrees to the issuance of this Order. And it is so ORDERED this day of , 2014. Maria Nold, Regional Director Department of Environmental Quality (Remainder of Page Intentionally Blank) 8 The terms and conditions of the Order are voluntarily accepted by: Date: By: Commonwealth of Virginia City of Virginia Beach City Manager The foregoing instrument was acknowledged before me this day of by , City Manager, on behalf of the City of Virginia Beach. My commission expires: APPROVED AS TO CONTENT: Notary Public APPROVED AS TO LEGAL SUFFICIENCY: Department of Public Utilities ' City Attorney's Office 16 APPENDIX A MOM Program The following are guidelines that provide the minimum components to be included in a MOM Program: 1. Major program goals a. Proper management, operation, and maintenance of the collections system over which you have operational control, b. Stop/reduce and mitigate the impact of SSO in the portion of the collection system over which you have operational control, c. Providing notification to parties with a reasonable potential for exposure to pollutants associated with SSO events. 2. Organization a. Administrative and maintenance positions responsible for implementing measures in the MOM program, including lines of authority by organization chart or similar documents b. The chain of communication for reporting SSOs 3. Legal Authority (i.e., sewer use ordinances, service agreements or other legally binding documents) a. List legal authority to control infiltration and connections from inflow sources b. List legal authority that requires that sewers and connections be properly designed and constructed c. List legal authority to ensure proper installation, testing, and inspection of new and rehabilitated sewers (collector lines or service laterals) 4. Measures and Activities (address applicable elements and identify the person/position responsible for each element) a. Provide adequate maintenance facilities and equipment b. Maintenance of a map of the collection system c. Management of information and use of timely, relevant information to establish and prioritize appropriate MOM activities and identify and illustrate trend in overflows (frequency and volume) d. Routine preventive operation and maintenance activities e. Identification and prioritization of structural deficiencies and identification and Implementation of short-term and long-term rehabilitation actions to address deficiencies f. Appropriate training on a regular basis g. Equipment and replacement parts inventories including identification of critical replacement parts. 23 5. Design and Performance Provision a. Requirements and standards for the installation of new sewers, pumps and other appurtenances, and rehabilitation and repair projects b. Procedures and specifications for inspecting and testing the installation of new sewers, pumps, and other appurtenances and for rehabilitation and repair projects 6. Monitoring, Measurement and Program Modifications a. Monitor the implementation and, where appropriate, measure the effectiveness of each element of your MOM program b. Update program elements as appropriate based on monitoring or performance evaluations 7. Overflow Emergency Response Plan (Plan must identify measures to protect public health and the environment) a. Ensure you are made aware of all overflow to the greatest extent possible. b. Ensure overflows are appropriately responded to, including reporting requirements c. Ensure appropriate immediate notification to the public, health agencies, and other impacted entities (i.e. water suppliers). Identify the public health and other officials who will receive immediate notification. d. Provide emergency operations 8. Communications. Communicate on the implementation and performance of the MOM program with interested parties as requested. 24 If C CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: Resolution Approving the Issuance by the Economic Development Authority of Essex County of its Educational Facilities Revenue and Refunding Bond in the Amount Not to Exceed $2,665,000 for Chesapeake Bay Academy MEETING DATE: October 7, 2014 • Background: Chesapeake Bay Academy ("Chesapeake Bay") has requested that the Economic Development Authority of Essex County (the "Issuer") issue its Educational Facilities Revenue and Refunding Bond in the amount not to exceed $2,665,000 (the "Bond") to assist Chesapeake Bay in its plan to (i) refinance the outstanding principal balance of the City of Virginia Beach Development Authority's ("VBDA") $4,200,000 Variable Rate Educational Facilities Revenue Bonds (Chesapeake Bay Academy) Series 2000 and (ii) pay the cost of issuance of the Bond. The Issuer has approved the issuance of the Bond as "Bank Qualified". The VBDA is unable to provide "Bank -Qualified" financing. Bank -Qualified bonds are a type of municipal bond issued by jurisdictions (including political subdivisions within a jurisdiction) that issue less than $10 million of tax-exempt bonds in a calendar year. Bank -Qualified bonds are specifically excluded from the multi -jurisdictional bond fee policy adopted by the VBDA. • Considerations: As Chesapeake Bay is located in Virginia Beach, this matter comes before Council for its approval pursuant to §15.2-4905 of the Code of Virginia, which provides that the City Council for the City of Virginia Beach must concur with the adoption of the Resolution of the Economic Development of Essex County, and pursuant to Internal Revenue Code of 1986, as amended, which provides that the highest elected governmental official of the government unit having jurisdiction over the area in which any facility finances with the proceeds of private activity bonds is located shall approve the issuance of such bonds. • Public Information: The request was duly advertised on September 2 and September 9, 2014 for public hearing before the VBDA, which has adopted a Resolution recommending that the City Council approve the issuance of the bonds. • Recommendation: Approval • Attachments: Resolution for City of Virginia Beach VBDA Submission to Council Affidavit of Publication & Notice Notice of Public Hearing Record of Public Hearing VBDA's Resolution VBDA's Statement Fiscal Impact Statement Summary Sheet Letter from Department of Economic Development, dated September 29, 2014 Resolution of Intent of the Economic Development Authority of Essex County Disclosure Statement Location Map Recommended Action: Approval Submitting Department / Agency: City Manage S Economic Development -790 vbgov.com\DFSI\Applications\City►. Prod\c om32\Wpdocs\D020\P015\00069809.DOC 1 RESOLUTION APPROVING THE ISSUANCE 2 BY THE ECONOMIC DEVELOPMENT 3 AUTHORITY OF ESSEX COUNTY, VIRGINIA 4 OF ITS EDUCATIONAL FACILITIES REVENUE 5 AND REFUNDING BOND IN AN AMOUNT NOT 6 TO EXCEED $2,665,000 FOR CHESAPEAKE 7 BAY ACADEMY 8 9 WHEREAS, the Economic Development Authority of Essex County, 10 Virginia (the "Authority") has considered the request of Chesapeake Bay Academy (the 11 "School") for the issuance by the Authority of its educational facilities revenue and 12 refunding bond in an amount not to exceed $2,665,000 (the "Bond") to assist the School 13 in (A) refinancing the outstanding principal of the City of Virginia Beach Development 14 Authority's $4,200,000 Variable Rate Educational Facilities Revenue Bonds 15 (Chesapeake Bay Academy) Series 2000, the proceeds of which were used (1) to 16 finance the costs incurred in connection with the acquisition, construction, renovation, 17 installation and equipping of certain education facilities (the "Project"), (2) to pay a 18 portion of the interest on the aforesaid bonds, and (3) to pay certain costs of issuance of 19 the aforesaid bonds; and (B) paying the costs of issuance of the Bond; and 20 21 WHEREAS, the Authority has adopted a resolution of intent (the 22 "Resolution") on September 2, 2014 signifying its intention to issue the Bond for the 23 benefit of the School; and 24 25 WHEREAS, the City of Virginia Beach Development Authority (the 26 "Virginia Beach Authority") has held a public hearing with respect to the Bond on 27 September 16, 2014, and has adopted an approving resolution with respect thereto; and 28 29 WHEREAS, Section 15.2-4905 of the Code of Virginia of 1950, as 30 amended (the "Virginia Code"), provides that the City Council for the City of Virginia 31 Beach (the "City Council") must concur with the adoption of the Resolution; and 32 33 WHEREAS, the Internal Revenue Code of 1986, as amended (the 34 "Code"), provides that the highest elected governmental officials of the government unit 35 having jurisdiction over the area in which any facility financed with the proceeds of 36 private activity bonds is located shall approve the issuance of such bonds; and 37 38 WHEREAS, the Project is located in the City of Virginia Beach and the 39 members of the City Council constitute the highest elected governmental officials of the 40 City of Virginia Beach; and 41 42 WHEREAS, a copy of the Resolution, the Virginia Beach Authority's 43 approving resolution, a reasonably detailed summary of the comments expressed at the 44 public hearing with respect to the Bond held by the Virginia Beach Authority and a 45 statement in the form prescribed by Section 15.2-4907 of the Virginia Code have been 46 filed with the City Council, together with the Virginia Beach Authority's recommendation 47 that the City Council concur with the Resolution. 48 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF 49 THE CITY OF VIRGINIA BEACH, VIRGINIA: 50 51 1. The recitals made in the preambles to this Resolution are hereby adopted 52 as a part of this Resolution. 53 54 2. The City Council concurs with the adoption of the Resolution and 55 approves the issuance of the Bond by the Authority to the extent required 56 by the Code and Section 15.2-4906 of the Virginia Code. 57 58 3. The approval of the issuance of the Bond, as required by the Code and 59 Section 15.2-4906 of the Virginia Code does not constitute an 60 endorsement to a prospective purchaser of the Bond of the 61 creditworthiness of the School and the Bond shall provide that the City of 62 Virginia Beach and the Virginia Beach Authority shall not be obligated to 63 pay the Bond or the interest thereon or other costs incident thereto and 64 neither the faith or credit, nor the taxing power, of the Commonwealth of 65 Virginia, the City of Virginia Beach or the Virginia Beach Authority shall be 66 pledged thereto. 67 68 4. This Resolution shall take effect immediately on its adoption. 69 70 Adopted by a quorum of the Council of the City of Virginia Beach, Virginia, on 71 , 2014. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Economic Development City Attorney CA12970 R-1 September 30, 2014 2 r VIRGINIA BEACH ECONOMIC DEVELOPMENT September 29, 2014 The Honorable William D. Sessoms, Jr., Mayor Members of City Council Municipal Center Virginia Beach, Virginia 23456 Re: Chesapeake Bay Academy Concurring Educational Facility Revenue Bonds Dear Mayor Sessoms and Members of Council: We submit the following in connection with Chesapeake Bay Academy, Inc. located at 821 Baker Road, in the City of Virginia Beach, Virginia. 1. Evidence of publication of notice of hearing is attached as Exhibit A, and a summary of the statements made at the public hearing is attached as Exhibit B. 2. The City of Virginia Beach Development Authority's (the "Authority's") resolution recommending Council's approval is attached as Exhibit C. 3. The statement of the Authority's reasons for its approval of the issuance of the bonds as a benefit for the City of Virginia Beach and its recommendation that the City Council approve the bonds described above is attached as Exhibit D. 4. The Fiscal Impact Statement is attached as Exhibit E. 5. A summary sheet setting forth the type of issue, and identifying the project and the principals of the applicant is attached as Exhibit F. 6. A letter from the Department of Economic Development commenting on the project is attached as Exhibit G. 7. An Inducement Resolution from Essex County, Virginia is attached as Exhibit H. 8. The Disclosure Statement is attached as Exhibit I. 4525 Main Street, Suite 700 • Virginia Beach, Virginia 23462 • ph 757.385.6464 or 800.989.4567 • fax 757.499.9894 The Honorable William D. Sessoms, Jr., Mayor Members of City Council September 29, 2014 Page 2 Very truly yours, 9_.-/7 Elizabeth A. T ohy Chair EAT/AWS Enclosures 2 0 E-• 0 K4 4 H H H a4H0 • 0 x H 0 :4 0; H TH• GO 0 0 H L.,•• Z 00 EXHIBIT A di 0 (0i L E. 4 < W HWOH 0 E-4 0 H N H N H M N H a4 0 • OH H < >0 0 M 0 H > 00 00H04 40 H d e0 N 0-N 6 id M d M N REFERENCE: 1) H 1) 0 • • ,G 0 4-1 41(0 4-4 E- 0 d 4-; tci 4 • G d .0.0 >1 0 T.) H 0 X 0 9.0 r0 0 • 0, G Mai 4,J030C 0)0 tn G fa, 0 0 .4 0 040) 41'O A • C.3 S.4 G In 0 0 al 0 rd -00)404 0) 0 0 - W 4-I 4 a 4) ra 4 0 (0 4)4 A A 0 3 A-) 0 4-I 0 5. 0 G 0 04 0 0 CJ 4-1 M 2- >, (1) 0 0 0 u) 0H0GHa,,, G u) -0 0 1) ;-• 4-4 •• )-1 o ro HI >0 0 W -.-1 ed 0,0 0011HHIW 19 $.4 44 nj '0----H o '0 0.0 3-1 I-) 0 H W • • 0 0 W •••-, 0• 04-40044 4-1 >14441000 -0.0-0 OW MW ((-H (80 0 000,0G 40; 40 HIG40. 41) .•-• I) 0-E 7. u] • tp .0 WI ri• 04 ••-1 °O 4-• a) W -0 G 4 ••-• w, • a) 10 E, > u c.r) > A 44 4.5 10 (-; 41) >1 — -4. N H (OLn di >101 rnN - 41) 4 0-4„ N W 0 01k '0(8 C >1 >141) 4 0 (-1 0 0 0 0 0 (41 143 X 0 0 ('1 -0 • H •••.„. 4-1 • ; 00 N • -01• HI 0 • 0 44.4 (01 • • WI Z 0441 4 n 111 , a 0 H 44 (...(‘ I-4 0 0 .0040)4 94.4 Ca 03 14 (41 44 0 z / 0\] 4 CH 000 H 4E 0H , HZH \ j 0 § § } })jE jc \j3j} \ H 44 4J j \ 4-) S4 000014 •2 CV 0 H j04 00al 44 H §)Ht§©t§ f_ \u \\\gj\�\ro >4 q§))»\jam/ \[ j §k�\j\jkj 0 \wjjjgj§e e0 / a§%®)§\jj �3 % )`]]a,>$4 CO N om 0H \\\4J§%\/ %3 §( j4M 4k 40 0 a0 ; (.Rwe ( 2® Qfjj; • $(/ § §% 0 --4 H 0- ) °®`\2 1 °" m §�� %« !. ]e& w ) 0 0 $§ ) 0 0 S PUBLISHED ON: 09/02 09/09 \\ o � elt § j . 00 4 )§ / \44 3 ) ) > 0 k Q \ ,G ] §g v In 0 �} | !. $ 4.) =0 o =4; 0 >10 ; �j 0 >/ ` \41 e» jo 2>� 7` \ 0 t /« 14 ta / ] 440 0 NOTICE OF PUBLIC HEARING ON PROPOSED EDUCATIONAL FACILITIES REVENUE AND REFUNDING BOND FINANCING BY THE ECONOMIC DEVELOPMENT AUTHORITY OF ESSEX COUNTY, VIRGINIA Notice is hereby given that the City of Virginia Beach Development Authority (the "Authority") will hold a public hearing on the application of Chesapeake Bay Academy, a Virginia non -stock corporation (the "Company"), whose current address is 821 Baker Road, Virginia Beach, Virginia, for the Economic Development Authority of Essex County, Virginia to issue, pursuant to Chapter 49, Title 15.2 of the Code of Virginia of 1950, as amended (the "Act"), its Educational Facilities Revenue and Refunding Bond (the "Bond") in amount not to exceed $2,655,000 to assist the Company in (A) refinancing the outstanding principal of the City of Virginia Beach Development Authority's $4,200,000 Variable Rate Educational Facilities Revenue Bonds (Chesapeake Bay Academy) Series 2000, the proceeds of which were used (1) to finance the costs incurred in connection with the acquisition, construction, renovation, installation and equipping of certain education facilities, (2) to pay a portion of the interest on the aforesaid bonds, and (3) to pay certain costs of issuance of the aforesaid bonds; and (B) paying the costs of issuance of the Bond (the "Plan of Finance"). The public hearing which may be continued or adjourned will be held at 8:30 a.m., on September 16, 2014, before the Authority at its offices at 4525 Main Street, Suite 700, Virginia Beach, Virginia 23462. As required by the Act, the Bond will not pledge the faith and credit or the taxing power of the Commonwealth of Virginia or any political subdivision thereof, including the City of Virginia Beach or the Authority, but will be payable solely from revenues derived from the Company and pledges therefor. Any person interested in the issuance of the Bond or the Plan of Finance may appear and be heard. A copy of the resolution to be considered by the Authority after the public hearing is on file and is open for inspection at the Authority's office during business hours. CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY TO BE PUBLISHED IN: The Virginian Pilot September 2, 2014 and September 9, 2014 EXHIBIT B CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY RECORD OF PUBLIC HEARING (Chesapeake Bay Academy) The Chairman of the City of Virginia Beach Development Authority (the "Authority") announced the commencement of a public hearing on the request of Chesapeake Bay Academy (the `Borrower"), and that a notice of the hearing was published once a week for two consecutive weeks in a newspaper having general circulation in Virginia Beach, Virginia, the first publication being not less than fourteen (14) days prior to the hearing and the second publication being not less than six (6) days and not more than twenty-one (21) days prior to the hearing. The Chairman indicated that a copy of the notice and a certificate of publication of such notice have been filed with the records of the Authority. The following individuals appeared before the Issuer: William W. Harrison, Jr. of the law firm of Williams Mullen, bond counsel for Chesapeake Bay Academy Mr. Harrison gave a brief description of the plan of finance. He explained that the Borrower has presented its plans to the Economic Development Authority of Essex County, Virginia (the "Issuer") for the issuance by the Issuer of the Issuer's Educational Facilities Revenue and Refunding Bond in an amount not to exceed $2,655,000 (the "Bond") to assist the Borrower in (A) refinancing the outstanding principal of the Authority's $4,200,000 Variable Rate Educational Facilities Revenue Bonds (Chesapeake Bay Academy) Series 2000, the proceeds of which were used (1) to finance the costs incurred in connection with the acquisition, construction, renovation, installation and equipping of certain education facilities, (2) to pay a portion of the interest on the aforesaid bonds, and (3) to pay certain costs of issuance of the aforesaid bonds; and (B) paying the costs of issuance of the Bond. Mr. Harrison answered various questions of the members of the Authority. No other persons appeared to address the Authority, and the Chairman closed the public hearing. The Authority recommends that the Virginia Beach City Council concur with the Issuer's issuance of the Bond and approve the issuance of the Issuer's Bond in an amount not to exceed $2,655,000 and hereby transmits the Fiscal Impact Statement to the City Council and asks that this recommendation be received at its next regular or special meeting at which this matter can be properly placed on the Council's agenda for hearing. 26309042_1 EXHIBIT C RESOLUTION OF CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY FOR CHESAPEAKE BAY ACADEMY WHEREAS, there has been described to the City of Virginia Beach Development Authority (the "Authority") the plans of Chesapeake Bay Academy (the "School") whose current address is 821 Baker Road, Virginia Beach, Virginia, for the issuance by the Economic Development Authority of Essex County, Virginia (the "Essex Authority") of its Educational Facilities Revenue and Refunding Bond in an amount not to exceed $2,665,000 (the "Bond") to assist the School in (A) refinancing the outstanding principal of the City of Virginia Beach Development Authority's $4,200,000 Variable Rate Educational Facilities Revenue Bonds (Chesapeake Bay Academy) Series 2000, the proceeds of which were used (1) to finance the costs incurred in connection with the acquisition, construction, renovation, installation and equipping of certain education facilities, (2) to pay a portion of the interest on the aforesaid bonds, and (3) to pay certain costs of issuance of the aforesaid bonds; and (B) paying the costs of issuance of the Bond (the "Plan of Finance"); and WHEREAS, a public hearing with respect to the Bond, as required by Virginia law and the Internal Revenue Code of 1986, as amended (the "Code"), have been held by the Essex Authority on September 3, 2014, and a resolution of intent with respect to the Bond was adopted by the Essex Authority on September 3, 2014; and WHEREAS, the School has elected to proceed with the Plan of Finance pursuant to which the Bond will be privately placed with TowneBank (the "Lender") for its own account and for investment purposes; and WHEREAS, the School, in its appearance before the Authority, has described the debt service cost savings relating to the issuance of the Bond as a "qualified tax-exempt obligation" within the meaning of §265(b)(3) of the Code and the educational benefits to residents of the City of Virginia Beach to be derived from the issuance of the Bond; and WHEREAS, a public hearing with respect to the Bond as required by Virginia law and the Internal Revenue Code of 1986, as amended, has been held at this meeting. BE IT RESOLVED BY THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY: 1. It is found and determined that the issuance of the Bond will promote education in the City of Virginia Beach, benefit its inhabitants and promote their safety, health, welfare, convenience and prosperity. 2. To assist the School to issue the Bond, the Authority recommends that the City Council of the City of Virginia Beach (the "Council") concur with the Essex Authority Resolution, the forms of which have been presented at this meeting as required by §15.2-4905 of 1 the Code of Virginia of 1950, as amended (the "Virginia Code"), and hereby directs the Chair or Vice Chair of the Authority to submit to the Council the statement in the form prescribed by § 15.2-4907 of the Virginia Code, a reasonable detailed summary of the comments expressed at the public hearing held at this meeting pursuant to § 15-2-4906 of the Virginia Code, and a copy of this resolution. 3. All costs and expenses in connection with the Plan of Finance shall be paid from the proceeds of the Bond to the extent permitted by law or from funds of the School and the Authority shall have no responsibility therefor. 4. All acts of the officers of the Authority which are in conformity with the purposes and intent of this resolution and in furtherance of the issuance and sale of the Bond are hereby approved and confirmed. 5. This resolution shall take effect immediately upon its adoption. The undersigned hereby certifies that the above resolution was duly adopted by the commissioners of the City of Virginia Beach Development Authority at a meeting duly called at which a quorum was present and acting throughout on September 16, 2014, and that such Resolution is in full force and effect on the date hereof. Date: September 16, 2014 26273256_2 2 l Secret , ity of Virgigia Beach Developm Autho EXHIBIT D r417-1 VIRGINIA BEACH ECONOMIC DEVELOPMENT AUTHORITY OF ESSEX COUNTY INDUSTRIAL DEVELOPMENT EDUCATIONAL FACILITIES REVENUE AND REFUNDING BOND NOT TO EXCEED $2,665,000 FOR CHESAPEAKE BAY ACADEMY The City of Virginia Beach Development Authority (the "Authority") recommends approval of the above -captioned financing. The financing will benefit the citizens of the City of Virginia Beach, Virginia, by providing improved educational, social and recreational facilities which promotes the health and welfare of the City's citizens. 4525 Main Street, Suite 700, Virginia Beach, VA 23462 % (757) 385-6464 EXHIBIT E FISCAL IMPACT STATEMENT DATE: September 16, 2014 TO: Virginia Beach City Council APPLICANT: Chesapeake Bay Academy TYPE OF FACILITY: Educational Facility 1. Maximum amount of financing sought: $ 2,665,000 2. Estimated taxable value of the facility's real property to be constructed in the municipality: $ tax exempt 3. Estimated real property tax per year using present tax rates: $ tax exempt 4. Estimated personal property tax per year using present tax rates: $ tax exempt 5. Estimated merchant's capital (business license) tax per year using present tax rates: $ none 6. (a) Estimated dollar value per year of goods that will be purchased from Virginia companies within the locality: $ 175,000 (b) Estimated dollar value per year of good that will be purchased from non -Virginia companies within the locality: $ 25,000_ (c) Estimated dollar value per year of services that will be purchased from Virginia companies within the locality: $ 700,000 (d) Estimated dollar value per year of services that will purchased from non -Virginia companies within the locality: $ 90,000 7. Estimated number of regular Employees on year round basis: $ 40 8. Average annual salary per employee: $ 41,402 The information contained in this Statement is based solely on facts and estimates provided by the Applicant, and the Authority has made no independent investigation with respect thereto. CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY EXHIBIT F SUMMARY SHEET ECONOMIC DEVELOPMENT AUTHORITY OF ESSEX COUNTY EDUCATIONAL FACILITY REVENUE AND REFUNDING BOND 1. PROJECT NAME: 2. LOCATION: 3. DESCRIPTION OF PROJECT: 4. AMOUNT OF BOND ISSUE: Chesapeake Bay Academy ("Chesapeake Bay") 821 Baker Road Virginia Beach, Virginia 23462 Chesapeake Bay has requested that the Economic Development Authority of Essex County (the "Issuer") issue its Educational Facilities Revenue and Refunding Bond in the amount not to exceed $2,665,000 (the "Bond") to assist Chesapeake Bay in its plan to (i) refinance the outstanding principal balance of the City of Virginia Beach Development Authority's $4,200,000 Variable Rate Educational Facility Revenue Bonds (Chesapeake Bay Academy) Series 2000, and (ii) pay the cost of issuance of the Bond. $2,665,000 5. ZONING CLASSIFICATION: a. Present Zoning Classification: R15 b. Is rezoning proposed? No c. If so, to what zoning classification? N/A EXHIBIT G BEAT VIRGINIA BEACH ECONOMIC DEVELOPMENT September 29, 2014 Mrs. Elizabeth A. Twohy Chair Virginia Beach Development Authority 4525 Main Street, Suite 700 Virginia Beach, VA 23462 Re: Essex County Educational Facility Revenue and Refunding Bond in the amount not to exceed $2,665,000 for Chesapeake Bay Academy (the "Bond") Dear Mrs. Twohy: The Department of Economic Development concurs with the issuance of the refinancing of bonds by the Economic Development Authority of Essex County ("Essex Authority") in the amount to not exceed $2,665,000 for Chesapeake Bay Academy. These funds are to be utilized to refinance the outstanding principal of the City of Virginia Beach Development Authority's $4,200,000 Variable Rate Educational Facility Revenue Bonds (Chesapeake Bay Academy) Series 2000, which were issued to refinance the principal balance of existing bonds previously issued, and to pay the costs of issuance of the Bond. If you have any questions, I will be glad to discuss further at our next meeting. Sincerely, Mark R. Wawner Project Development Coordinator Virginia Beach Department of Economic Development MRW/AWS/csk 4525 Main Street, Suite 700 • Virginia Beach, Virginia 23462 • ph 757.385.6464 or 800.989.4567 • fax 757.499.9894 EXHIBIT H RESOLUTION AUTHORIZING THE ISSUANCE AND SALE BY THE ECONOMIC DEVELOPMENT AUTHORITY OF ESSEX COUNTY, VIRGINIA OF ITS EDUCATIONAL FACILITIES REVENUE AND REFUNDING BOND (CHESAPEAKE BAY ACADEMY), SERIES 2014 AND THE EXECUTION OF RELATED DOCUMENTS WHEREAS, Chesapeake Bay Academy, a Virginia nonstock corporation (the "School"), has previously requested the Economic Development Authority of Essex County, Virginia (the "Authority") to assist the School in its plans to refund certain bonds previously issued by the City of Virginia Beach Development Authority to finance certain improvements at the School's campus located at 821 Baker Road, Virginia Beach, Virginia (the "Project") pursuant to the provisions of Chapter 49, Title 15.2 of the Code of Virginia of 1950, as amended (the "Act"), and the Authority has agreed to do so; and WHEREAS, public hearings have been held as required by the Internal Revenue Code of 1986, as amended (the "Code"), and Section 15.2-4906 of the Act, in Essex County, Virginia on September 3, 2014 and in the City of Virginia Beach, Virginia on September 16, 2014; and WHEREAS, the County Board of Supervisors of Essex County, Virginia has approved the issuance by the Authority of its educational facilities revenue and refunding bond to assist the School in the refinancing of the Project as required by the Code and the Act; and WHEREAS, the School now requests that the Authority proceed immediately to assist the School in refinancing the Project, together with a portion of the financing cost related thereto, by the issuance of its educational facilities revenue and refunding bond in the principal amount of $2,665,000 and the execution and delivery of certain related agreements and instruments; and BE IT RESOLVED BY THE DIRECTORS OF THE ECONOMIC DEVELOPMENT AUTHORITY OF ESSEX COUNTY, VIRGINIA AS FOLLOWS: Section 1. A Bond designated "Educational Facilities Revenue and Refunding Bond (Chesapeake Bay Academy), Series 2014" (the "Bond") is hereby authorized to be issued. The Bond initially delivered shall be in the principal amount of no greater than Two Million Six Hundred and Sixty -Five Thousand and No/100 Dollars ($2,665,000), shall be dated October 15, 2014, shall bear interest initially at a per annum rate of interest of 2.6%, subject to certain yield maintenance provisions of the Agreement (as hereinafter defined), shall mature and be subject to redemption prior to maturity and shall have such other terms and conditions all as provided in the Bond Purchase and Refinancing Agreement, dated as of October 1, 2014, between the Authority, the School, and TowneBank (the "Agreement"). Section 2. The Agreement, substantially in the form submitted at this meeting and filed with the records of the Authority, is hereby accepted and approved and the Chairman or the Vice Chairman of the Authority is hereby authorized and directed to execute and deliver the 1 I Agreement on behalf of the Authority, with such changes, insertions or omissions as shall be approved by the Chairman or Vice Chairman, his execution thereof to be conclusive evidence of the acceptance of any changes, insertions or omissions therein. Section 3. The Chairman or Vice Chairman of the Authority is hereby authorized and directed to cause the Bond to bear his signature or facsimile thereof, and the Secretary and any Assistant Secretary of the Authority are hereby authorized and directed to cause the Bond to bear his signature or facsimile thereof and to cause a facsimile of the corporate seal of the Authority to be imprinted on the Bond or such seal to be impressed manually on the Bond. The Chairman or the Vice Chairman of the Authority is hereby authorized and directed to execute and deliver the Bond on behalf of the Authority, with such changes (including changes of the date thereof), insertions or omissions as shall be approved by the Chairman or Vice Chairman, his execution thereof to be conclusive evidence of the acceptance of any changes, insertions or omissions therein. Section 4. The Chairman or Vice Chairman of the Authority is hereby authorized and directed to take delivery of the School's $2,665,000 Promissory Note, dated as of October 15, 2014 (the "Note") at the time of the issuance of the Bond, substantially in the form submitted at this meeting, and the Chairman or Vice Chairman of the Authority is hereby authorized and directed to cause the Authority's interest therein to be assigned to TowneBank, and to endorse the Note, without recourse; and any officer of the Authority is hereby authorized and directed to deliver said assignment to TowneBank, with such changes therein as the officer executing the same may approve, whose execution will be conclusive evidence of his approval thereof, and to deliver the Note to TowneBank. Section 5. The officers of the Authority are hereby authorized and directed to do all acts and things required of them by the Agreement, and also to do all things and acts required of them by the provisions of this Resolution, and all prior actions taken by officers of the Authority in connection with the issuance and sale of the Bond are hereby ratified and approved. Section 6. The officers of the Authority are authorized and directed to execute, deliver and file such certificates and documents to take such further action as they may consider necessary or desirable in connection with the refunding of the Prior Bonds, as that term is defined in the Agreement, the issuance and sale of the Bond and the refinancing of the Project, including, without limitation (a) the execution and delivery of other agreements and certificates setting forth the expected use and investment of the proceeds of the Bond to show such expected use and investment will not violate the provisions of Section 148 of the Code and regulations thereunder applicable to "arbitrage bonds", and other restrictions applicable to the use of the proceeds of the Bond, (b) the making of any elections, at the request of the School, that such officers deem desirable regarding any provision requiring rebate to the United States of "arbitrage profits" earned on investment of proceeds of the Bond, (c) the provision for the School to pay any such rebate amount, and (d) the filing of Internal Revenue Service Form 8038. Section 7. The Authority designates the Bond as a "qualified tax-exempt obligation" within the meaning of Section 265(b)(3) of the Code; provided, however, that this designation is effective only if the Bond is issued on or prior to December 31, 2014. 2 I Section 8. All costs and expenses in connection with the undertaking of the refinancing of the Project, the refunding of the Prior Bonds, and the issuance of the Bond, including the Authority's reasonable fees and expenses and reasonable fees and expenses of bond counsel and the Authority's counsel, shall be paid from the proceeds of the Bond or other funds of the School. If for any reason the Bond is not issued, it is understand that all such expenses shall be paid by the School and that the Authority shall have no responsibility therefor. Section 9. All other acts of the officers of the Authority that are in conformity with the purposes and intent of this Resolution and in furtherance of the issuance and sale of the Bond and the undertaking of the refinancing of the Project are hereby approved and ratified. Section 10. This Resolution shall take effect immediately. Adopted October 2, 2014 3 CERTIFICATE The undersigned Chairman of the Economic Development Authority of Essex County, Virginia (the "Authority"), hereby certifies that the foregoing is a true, correct and complete copy of a resolution adopted during an open meeting by a majority of the Directors of the Authority present and voting at a meeting duly called and held on October 2, 2014, in accordance with law, and that such resolution has not been repealed, revoked, rescinded or amended, and is in full force and effect on the date hereof WITNESS the following signature this day of , 2014. Chairman Economic Development Authority of Essex County, Virginia 26444248_4 4 EXHIBIT I DISCLOSURE STATEMENT Date: September 16, 2014 Applicant: Chesapeake Bay Academy All Owners (if different from Applicant): N/A Type of Application: TEFRA approval for Revenue and Refunding Bond 1. The Applicant is a Virginia nonstock corporation. 2. The Applicant will be the owner of the Project. 3. The current officers and trustees of Applicant are listed on the attached Exhibit A. Chesapeake Bay Academy By 26324326v.1 See attached. EXHIBIT A -2 CHESAP1111 EAKE BAY ACADIMY Celebrating 25 Years of Individualized Academic F.c.11ence Chesapeake Bay Academy Board of Trustees, 2014-2015 Stanley F. Baldwin, Chair Donald L. Glenum, 111, Vice Chair Linda D. Bowers, Treasurer William P. Brittain, Ph.D., Secretary Patrick D. Thrasher, M.D., Past Chair Judy Jankowski, Ed.D., President and Head of School Jennifer Adams, Parent Association President Edward J. Amorosso J.D. Ball, Ph.D. Keith H. Bangel William P. Brittain, Ph.D. William B. Brock J.David Craig Michael A. Danso, M.D. Dennis R. Deans Peter M. Dozier, M.D. L. Matthew Frank, M.D. Thomas L. Hasty, 111 William W. King Dave Levin, M.D. Elizabeth T. Patterson Alan B. Rashkind Teri M. Rigel) Dee H. Roberts Eleanor Stanton Richard B. Thurmond John A. Trinder The mission of Chesapeake Bay Academy is to educate students through academic programs individualized to address their learning differences, empowering them with the skills and confidence necessary for success in higher education, careers and life. _miirmsEMIIMIMmw ITEM: 40. +VWv CITY OF VIRGINIA BEACH AGENDA ITEM ,J An Ordinance to Reduce Funds in Capital Project #9-060, Oceana & Interfacility Traffic Area Conformity & Acquisition MEETING DATE: October 7, 2014 • Background: On May 13, 2014, City Council adopted the FY 2014-15 Capital Improvement Program, which provided funding for project # 9-060 Oceana & Interfacility Traffic Area Conformity & Acquisition. In general terms, the purpose of this project is to facilitate the City's multi -faceted approach to reversing and containing non -conforming land uses near Oceana, in the Interfacility Traffic Area, and the Rural AICUZ Area. Beginning in FY 2006-07, annual funding of $15 million was appropriated to CIP #9-060, which was funded equally by the City and the State. As the number of willing sellers declined, the State and City gradually reduced annual funding for this project. In the City's Adopted FY 2014-15 CIP, $10,000,000 was approved through a combination of new appropriations and previously appropriated funds the City and State have set aside from the APZ-1 or ITA property sales, leases, and encroachment partnering. The City would provide a total of $5,000,000 from $4,836,181 appropriated in FY 2014-15 and $163,819 in previous appropriations that were encumbered in the project. Based on the Governor's Proposed FY 2014-15/FY 2015-16 State Operating Budget, the State would provide $5,000,000 in combined new and previously appropriated funds. • Considerations: State funding has been adjusted, so the attached ordinance reflects the change in funding. The new State portion will be $3,922,267 in FY 2014-15, which is $1,077,733 less than the estimated State revenue included in the City's FY 2014-15 Adopted CIP. To maintain the equal cost share, the City contribution also will be reduced. This change reduces the FY 2014-15 funding to $7,680,715, as shown in the following table. The local funding reduction will be reflected as a decrease of $1,077,733 in fund balance from the General Fund appropriated to the FY 2014-15 CIP. FY 2014-15 Proposed Funding FY 2014-15 Adopted CIP Amendment to Total Source for Oceana Project Oceana Project Reduction State $ 5,000,000 $ 3,922,267 $1,077,733 City $ 4,836,181 * $ 3,758,448 * $1,077,733 Total $ 9,836,181 $ 7,680,715 $2,155,466 * The City will unencumber $163,819 from sale of Oceana-related property and leases per grant terms/agreement with the State to provide the 50% grant match required, which will allow the $163,819 to be spent. • Public Information: Information will be disseminated through the regular Council agenda notification process. • Recommendations: Approve the ordinance Recommended Action: Approval Submitting Department/Agency: Budget and Management Servic C City Manager: ITEM: An Ordinance to Ratify Amendments to the Bylaws of the Parks and Recreation Commission MEETING DATE: October 7, 2014 • Background: On September 4, 2014, the Parks and Recreation Commission approved changes to two sections of its bylaws: amendments to Article 5, Section 8 revise the order of business for Commission meetings; and the deletion of Article 7, Section 4 eliminates the Commission's Executive Committee. • Considerations: Article 9 of the Commission's bylaws provides that amendments to the bylaws must be reviewed and ratified by the City Council. • Public Information: Public information will be provided through the normal Council agenda process. • Attachments: Ordinance and Revised Bylaws. Recommended Action: Approval Submitting Department: Parks and Recreati%n City Manager:e6,"L AN ORDINANCE TO RATIFY AMENDMENTS TO THE BYLAWS OF THE PARKS AND RECREATION COMMISSION 1 WHEREAS, the Parks and Recreation Commission on September 4, 2014, 2 approved various changes to its bylaws; and 3 4 WHEREAS, Article 9 of the Commission's bylaws provides that amendments to 5 the bylaws must be reviewed and ratified by the City Council; and 6 7 WHEREAS, the City Council has reviewed these recommended amendments 8 and finds them to be acceptable; 9 10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 11 VIRGINIA BEACH, VIRGINIA: 12 13 That the City Council hereby ratifies the amendments to the bylaws of the Parks 14 and Recreation Commission, as approved by the Commission on September 4, 2014, a 15 copy of which is attached. 16 17 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 18 day of , 2014. APPROVED AS TO ONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Parks and Recreation City Attorney's Office CA13108 R-2 September 24, 2014 VIRGINIA BEACH PARKS AND RECREATION COMMISSION BY-LAWS The Virginia Beach Parks and Recreation Commission has adopted the following articles in order to facilitate its powers and duties in accordance with the provisions of the ordinances and resolutions of the City of Virginia Beach, Virginia. ARTICLE 1 That there is hereby created a Commission to be known as the Virginia Beach Parks and Recreation Commission, hereinafter referred to as the "Commission." ARTICLE 2 — Purpose of the Commission The Commission shall serve as an advisory body of the Virginia Beach City Council ("Council") for the purposes set forth in this article. The Commission shall serve as a liaison between Council, the City Manager, the Director of the Department of Parks and Recreation therewith, and the citizens of the City. The Commission shall consult with and advise the City Manager, the Director, and the Council in matters affecting open space, parks and recreation policies, programs, finances, and the acquisitions and disposal of lands and properties related to the total community and open space, parks and recreation programs, and to its long-range projected program for open space, parks and recreation. ARTICLE 3 — Membership Section 1. The Commission shall be comprised of thirteen (13) members. One (1) member shall be appointed by City Council from the residents of each of the City's seven (7) election districts, four (4) members shall be appointed from the residents of the City at large, and two (2) additional members shall be high school students (i) who reside in the City and (ii) attend different high schools. Initially, a high school senior shall be appointed for a one-year term, and a high school junior shall be appointed for a two-year term. Thereafter, high school juniors shall be appointed for two-year terms. Section 2. — Vacancies occasioned by removal, resignation, or otherwise, shall be reported to the Council, and shall be filled in like manner as original appointments, except that the term of office is restricted to the unexpired term of office. No member shall accumulate an annual total of more than three absences for reasons other than personal illness, the illness or death of a relative, or other circumstances beyond the member's control. If this limitation is exceeded, the Chairperson shall forthwith report to the City Clerk the name of the member whose unexcused absences exceed the limitation, pursuant to Code of the City of Virginia Beach § 2-3.1. In the event of an 1 anticipated absence, a member shall diligently attempt to notify the Secretary of the absence prior to the meeting. Section 3. — Members may be reimbursed for travel and subsistence to professional recreation meetings, conferences, and workshops. Such reimbursement may be made in compliance with the general policies of Virginia Beach upon authorization of the City Manager. ARTICLE 4 — Officers The officers of the Commission shall be Chairperson, Vice -Chairperson, and Secretary. The officers shall be elected at the organizational meeting to serve for one year or until a successor shall be elected. ARTICLE 5 — Meetings Section 1. — Regular meetings shall be held the first Thursday of each month during the year, or at such other time of the month as may be determined by majority vote of all members of the Commission. Section 2. — Special meetings may be called by the Chairperson or upon the written request of at least three members. Section 3. — The time and place for the meetings shall be designated by the Chairperson. Section 4. — The first meeting in September of each year shall be called the organizational meeting. The purpose of this meeting shall be the election of officers, review of the inventory report, and other business that may need to come before such meetings. The presentation of the annual report shall be in November of each year. Section 5. — The majority of the members present and voting at any duly constituted meeting shall have the full authority of the Commission, provided that a majority of the voting members must be present to constitute a quorum, and thus shall constitute an organizational meeting. Section 6. — All meetings are open to the public. Where allowed by the Freedom of Information Act, the Commission, by majority vote, may go into a closed meeting. Section 7. — Meetings shall be conducted in accordance with procedures prescribed in the by-laws. Section 8. — The following shall be the order of business of the Commission, but the Rules of Order may be suspended and any matters considered or postponed by action of the Commission. Order of Business: 2 - Call to order - Roll call - Consideration of minutes of last regular meeting and of any special meetings held subsequently and their approval or amendment - Agenda Additions Correspondence/Public Comment Unfi d -Old bBusiness New Business Committee diccucsionJ Reports from Staff - Reports from Liaisons Reports from Subcommittees - Report from Director New bucinesv - Good and Welfare Adjournment Section 9. — The rules of procedures outlined in Robert's Rules of Order (revised), shall govern the Commission on all occasions in which they are applicable and in which they are not found inconsistent with the by-laws or special rules of the Commission. ARTICLE 6 — Duties and Responsibilities of the Commission Section 1. — The Commission shall make recommendations for approval by City Council. 1) The establishment of a system of supervised recreation for the City; to set apart for use as parks, playgrounds, recreation areas and structures, any lands, water areas, or buildings owned or leased to or controlled by the City and may suggest improvements of such lands or buildings and structures as may be necessary to the recreational program within funds allocated to the Department. 2) The Commission shall assist City Council and the City Manager by appointing subcommittees to study and evaluate certain matters dealing with Parks and Recreation as directed by City Council. Section 2. — The Commission shall advise Council in the acceptance of any grant, gift, bequest, or donation of any personal or real property offered or made available for recreational purposes and which is judged to be of present or possible future use for recreation, parks, or open space. Section 3. —The Commission shall interpret the recreation and park services of the Department to the community and interpret the needs and desires of the community to the Council, City Manager, and Director. 3 Section 4. — The Commission shall determine and establish the general policies to be followed in carrying out the purposes for which the Commission was established. Section 5. — Financial Duties and Responsibilities — The Commission shall have no authority to enter into any contract or incur any obligation binding the City. 1) The Commission shall assist the Director in the development and preparation of an annual budget for the Department to be submitted to the City Manager and subsequently to City Council, at the time designated by the City Manager. 2) The Commission shall assist the Director in the development and preparation of an annual budget for capital improvements (acquisition and development) in accordance with the plan for parks and recreation for the City. Section 6. — Planning Duties and Responsibilities — The Commission shall investigate and determine the needs and interests of the community for open space, recreation facilities and programs, and recommend open space areas, recreational programs, and facilities to meet these needs and interests. ARTICLE 7 — Duties of Officers and Relationship of the Director of Parks and Recreation Section 1. — Chairperson — The Chairperson shall preside at all meetings, sign official papers, appoint committees, call special meetings when he or she deems it advisable, and perform all such duties as are usually handled by a Chairperson, except when such duties are properly delegated. The Chairperson may succeed himself or herself and shall be elected from the Commission members. Section 2. — Vice -Chairperson — The Vice -Chairperson shall perform all the duties of the Chairperson, in the absence of the Chairperson. The Vice -Chairperson shall be charged with the responsibility to see that all standing and temporary committees function as planned by the Commission. In the absence of both the Chairperson and Vice -Chairperson, the Commission shall elect a Chairperson Pro Tempore who shall perform the duties of the Chairperson. Section 3. — Secretary — The Secretary shall perform the usual duties pertaining to the office. The Secretary shall keep or cause to be kept a full and true permanent record of all meetings of the Commission. This includes regular and special meetings plus reports of standing committees and the Secretary shall be the custodian of all documents committed to his or her care. Section 4. Executive Committcc The Exccutive Committcc shall consist of the officers elected by the Commi: cion. It will be thcir duty to revicw all matters to be 4 Section 54. — Director's Relationship — The Director shall have a continuing responsibility to explain the organization, responsibilities, working relationships, and program objectives of the Department of Parks and Recreation to the Commission. The Director of Parks and Recreation shall work closely with the Commission in matters of interest to the Commission, involving the operation of an efficient parks and recreation program in the City of Virginia Beach. The Director is an ex -officio member (by virtue of his/her office) and attends the Commission meetings. The Director keeps the Commission informed concerning the interests, needs, objectives, the progress of plans, and other factors related to Parks and Recreation and considered to be of importance to the Commission. ARTICLE 8 — Reports The Commission shall make full and complete reports to the Council at such times as may be requested and at such other times as the Commission may deem proper. ARTICLE 9 — Amendments These by-laws may be amended at any regular meeting of the Commission by a majority of the entire Commission, provided previous notice of the nature of any proposed amendment shall have been given at least one regular meeting before the action thereon shall be taken and upon concurrence of the City Council of the City of Virginia Beach. The Commission's by-laws, rules, and regulations governing its procedure shall not be inconsistent with the provisions of the State laws and the approved ordinances and resolutions as set forth by the Virginia Beach City Council. 5 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Establishing a Task Force to Study the Rising Cost of the Elderly and Disabled Real Estate Tax Relief Program MEETING DATE: October 7, 2014 • Background: In the City of Virginia Beach, qualified seniors, permanently disabled individuals and Disabled Veterans are eligible for certain tax relief programs. These programs are designed to provide real estate tax relief for qualifying individuals in the area of real estate. A change to the Virginia Constitution, effective January 1, 2011, removed the Disabled Veteran program from the other forms of real estate tax relief. Qualifying Veterans receive a total exemption from real estate taxes. The City's Elderly and Disabled Real Estate Tax Relief Program offers qualifying residents the option to defer, freeze or be exempt from real estate taxes. These programs include requirements as to status (at least 65 years of age or disabled), net worth (maximum value of net assets of less than $350,000, excluding the value of the residence), and income. The deferral and freeze portion of the program include a maximum income, $68,293. The exemption portion of the program provides tax relief based on bands of income that correspond to a percentage tax exemption: Total Income Tax Exemption $0.00 - $48,009.00 100% $48,009.01 - $52,188.00 80% $52,188.01 - $56,367.00 60% $56,367.01 - $60,546.00 40% $60,546.01 - $64,675.00 20% Since 2004, the enrollment and cost of this program has increased significantly. In FY 2014-15, the non -Veteran portion of the Program is budgeted at $12,141,561. As the senior population in the City grows, the number of participants in these tax relief programs is forecasted to continue to grow. • Considerations: As an effort to control cost, Management Services recommended possible changes to the program with the FY 2014-15 Proposed Budget. City Council postponed any decision on changes to the program pending a review by a citizen's taskforce. Councilmember Barbara Henley agreed to serve as the liaison. • Public Information: Public information will be coordinated through the normal Council agenda process. ■ Recommendations: Appoint a five member Task Force to study and make recommendations to City Council for the future direction of the City's Elderly and Disabled Real Estate Tax Relief Program. ■ Attachment: Resolution Recommended Action: Approval Submitting Department/Agency: Budget and Management Servic City Manager. 4- 1 A RESOLUTION ESTABLISHING A TASK FORCE TO 2 STUDY THE RISING COST OF THE ELDERLY AND 3 DISABLED REAL ESTATE TAX RELIEF PROGRAM 4 5 WHEREAS, the City Council desires to review the Elderly and Disabled Real 6 Estate Tax Relief Program; and 7 8 WHEREAS, City Council believes it would be helpful to receive 9 recommendations from a taskforce composed of subject -matter experts and 10 stakeholders. 11 12 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 13 VIRGINIA BEACH, VIRGINIA: 14 15 1. That the City Council hereby establishes the task force to study the 16 Elderly and Disabled Tax Relief Program; 17 18 2. That the committee shall serve in an advisory capacity to City Council, 19 and City Council shall appoint its members. 20 21 3. That the task force shall consist of: 22 • Up to five citizens; and 23 • One City Council liaison. 24 25 4. That the goal of the task force shall be to make recommendations to City 26 Council on changes that could be implemented to improve the Elderly and Disabled 27 Real Estate Tax Relief Program; 28 29 5. That, in furtherance of this goal, the task force shall: 30 • Analyze the major cost drivers; 31 • Review similar programs in other cities; and 32 • Analyze other options and make recommendations to City Council; 33 and 34 35 6. That the committee shall report back to City Council with its findings and 36 recommendations no later than the last City Council meeting in December. 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: CA13123/R-1/September 29, 2014 City Attorney's Office CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Granting a Franchise to Allow Guided Horse Riding Tours on the Beach MEETING DATE: October 7, 2014 • Background: Since 2006, City Council has granted franchises for three pilot programs for guided horse riding on the beach in the Resort Area. Pursuant to City Council's original authorization, the City entered into a franchise agreement with Old Virginia Carriage Company, LLC ("OVCC") to provide horseback riding on the beach during the non -summer months of November through April. The City renewed the franchise agreement with OVCC in 2007 and 2008. As a condition of the 2008 renewal, City Council required the Resort Management Office to issue an invitation to bid ("ITB") prior to recommending a new horse riding franchise. In 2009, the City issued an ITB and received one bid from Virginia Beach Horses ("VBH"), a sole proprietorship. At that time, VBH was operated by Barry Foster, who was a partner with OVCC, the company that previously offered guided horse tours on the beach. On September 8, 2009, City Council approved the award of a one-year franchise to VBH, with the option for four one-year renewals. The City's franchise with VBH was renewed for four one-year terms and expired in June 2014. • Considerations: The Resort Management Office determined that it would be beneficial to continue offering guided horse tours at the oceanfront. On August 1, 2014, the City issued an ITB seeking bids for a franchise agreement for guided horse tours at the oceanfront. The City received one bid, which was from Virginia Beach Horseback, Inc. ("VBHI"). VBHI is a corporation whose directors are Barry Foster and Chase Foster. Barry Foster is or was affiliated with OVCC and VBH, the two entities that were previously awarded horseback riding franchises by the City. The initial term of the proposed franchise is October 8, 2014 through May 28, 2015. The franchise may be renewed for up to four one-year terms, upon the mutual written agreement of the City and VBHI. The annual franchise fee is one thousand twenty-one dollars ($1021). • Public Information: A public notice was published in The Beacon on September 28, 2014 and October 5, 2014. • Attachments: Ordinance. A copy of the draft franchise agreement is attached. Recommended Action: Approval Submitting Department: Strate• is Growth Area/Resort Management Office " City Manage 1 AN ORDINANCE GRANTING A FRANCHISE TO ALLOW 2 GUIDED HORSE RIDING TOURS ON THE BEACH 3 4 WHEREAS, City Council previously granted franchises for three pilot programs 5 for guided horse riding tours on the beach in the Resort Area; 6 7 WHEREAS, the Strategic Growth Area Office determined that it would be 8 beneficial to the City to continue to offer guided horse tours at the oceanfront, and the 9 City issued an invitation to bid on August 1, 2014; 10 11 WHEREAS, the only bidder was Virginia Beach Horseback, Inc. ("VBHI"); 12 13 WHEREAS, VBHI is a corporation whose directors are Barry Foster and Chase 14 Foster; 15 16 WHEREAS, Barry Foster was the sole proprietor of the entity that was awarded 17 the guided horse riding franchise from 2009 until 2014, and a partner with the company 18 that was awarded the guided horse riding franchise from 2006 through 2008; and 19 20 WHEREAS, the Strategic Growth Area Office recommends that VBHI be granted 21 a franchise agreement for the term of October 8, 2014 through May 28, 2015, with the 22 option for four one-year renewals upon mutual written consent of the City and VBHI. 23 24 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 25 VIRGINIA BEACH, VIRGINIA: 26 27 That the City Council hereby grants a franchise agreement to Virginia Beach 28 Horseback, Inc. for the period of October 8, 2014 through May 28, 2015, with the option 29 for four one-year renewals, subject to the terms and conditions of the franchise 30 agreement and all applicable ordinances, resolutions, and regulations to allow guided 31 horse riding tours on the beach in the Resort Area, and authorizes the City Manager or 32 his designee to execute a franchise agreement with Virginia Beach Horseback, Inc. in a 33 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: Strategic Growth Area Office CA13107 R-2 September 24, 2014 APPROVED AS TO LEGAL: SUFFICIENCY (� City Attorney's Offi e FRANCHISE AGREEMENT FOR GUIDED HORSE RIDING TOURS ON THE BEACH IN THE RESORT AREA THIS AGREEMENT, made the 8th day of October, 2014 ("Effective Date"), by and between the CITY OF VIRGINIA BEACH, a municipal corporation, organized and existing under the laws of the Commonwealth of Virginia, hereinafter referred to as "City," and Virginia Beach Horseback, Inc., with a principal place of business at 2509 Chubb Lake Avenue, Virginia Beach, VA 23455, hereinafter referred to as "Grantee." WITNESETH: WHEREAS, Grantee submitted a bid to the City for a franchise to for the right to conduct guided horse tours (hereinafter, the "Work") at the City's oceanfront on public property in and around the Resort Area; and WHEREAS, to that end, Grantee represents that it will comply with all applicable provisions of federal, state, and municipal law, and all pertinent rules and regulations of any board, committee, agency, or commission thereof; and WHEREAS, the City finds that the Work promotes the public interest and would serve to enhance the festive atmosphere at the oceanfront. Now, therefore, for and in consideration of the mutual promises and covenants herein set forth, it is agreed as follows: 1. Conditions of Grant of Franchise a. It is expressly agreed and understood by Grantee that the grant of the franchise described herein below is conditional, the grant of such franchise being conditioned upon Grantee's obtaining any other required permits and/or licenses, and being further conditioned upon Grantee's compliance with all of the terms and conditions of this Agreement. It is expressly agreed and Boilerplate Revision December 30, 2013 City of Virginia Beach 1 IFB #RMOL-15-0101A I understood by Grantee that the failure of Grantee to obtain any one or more of the required approvals, licenses, or permits shall render this Agreement null, void, and of no force and effect. b. The grant of the franchise to Grantee shall also be subject, in addition to the foregoing conditions, to such further conditions as the City may, in its discretion, impose upon Grantee. 2. Grant of Franchise a. Subject to the provisions of paragraph 1 of this Agreement, or any other condition imposed by this Agreement or by law, the City does hereby grant unto Grantee a franchise to conduct guided horse riding tours on the sand beach east of the Boardwalk between Rudee Inlet and 42nd Street in the City of Virginia Beach, Virginia ("Premises"). The initial term of the Franchise shall be from and including the Effective Date through May 28, 2015 ("Initial Term"). Thereafter, four (4) additional one (1) year renewals may be granted upon mutual written agreement of the parties ("Renewal Terms"). Renewal Terms, if any, shall begin on September 15 of each year (2015, 2016, 2017, and 2018), and shall terminate on the Thursday prior to Memorial Day of said year. The Grantee may submit to the City a written request to expand the scope of the Premises. Any request to expand the scope of the Premises must be approved, in writing, by the City. b. The time of operation during the initial and each subsequent term of the franchise shall be as follows, unless otherwise agreed to in writing by the City: (i) Grantee shall operate guided horse tours from Friday to Sunday daily from sunrise to sunset unless inclement weather conditions prevail. (ii) Grantee shall be allowed, in its sole discretion, to operate guided horse tours from Monday to Thursday, daily from noon to sunset. c. The City reserves the right to suspend or modify the hours of operation in the event that the beach is being used for (1) permitted special events; or (2) a City -sponsored function or event. The City further reserves the right to suspend or modify the hours of operation if (i) the City Manager or Boilerplate Revision December 30, 2013 City of Virginia Beach 2 IFB #RMOL-15-0101A I his authorized designee determines that weather conditions are of an intensity and/or duration such that the tours would pose a danger to the health, safety, and welfare of the public; or (ii) the Chief of Police or his designee determines that allowing horseback riding on a specific day would jeopardize the public safety. 3. Franchise Fee a. For the Initial Term, Grantee shall pay to the City for use of the Premises a fee, hereinafter the "Franchise Fee," in the amount of one thousand twenty-one dollars ($1,021.00). The Franchise Fee shall be paid in full on the Effective Date of this Agreement. b. In the event the parties agree in writing to renew the term of this Agreement, the Franchise Fee for each Renewal Term shall be one thousand twenty-one dollars ($1021.00). c. The failure of Grantee, for any reason, to pay the Franchise Fee shall constitute grounds for the immediate cancellation of this Agreement and forfeiture of any rights conferred upon Grantee by this Agreement. The City may, but shall not be required to, extend the period of time within which a payment shall be tendered or may, in lieu of any other remedy, treat this Agreement as remaining in full force and effect and avail itself of any and all lawful means of collecting such Franchise Fee. d. In the event of the cancellation of this Agreement or the termination of the Franchise granted hereunder prior to the expiration of its stated term, for any reason, no portion of any monies paid by or on behalf of Grantee on account of the Franchise Fee shall be refundable. 4. Nonexclusive Franchise It is expressly understood and agreed by Grantee that the franchise is not exclusive. The City hereby reserves unto itself the right to grant similar franchise to any person, firm, corporation, or other entity at any time and from time to time. 5. Compliance with Law Boilerplate Revision December 30, 2013 City of Virginia Beach 3 IFB #RMOL-15-0101A Grantee shall comply with all federal, state and local statutes, ordinances, and regulations now in effect or hereafter adopted, in the conduct of the Pedal Cab Service. 6. Operational Criteria a. Grantee and all tour operators shall have the appropriate husbandry practices including, feeding, watering, and providing the proper of level of rest in connection to the type and duration of guided tour activities. b. Guided horse tours shall be operated at a walking pace and in single file lead by an identifiable employee of the grantee with a minimum of five (5) years of horse riding experience and capability of handling horses. All tours will be conducted in the center of the sandy beach area, between the boardwalk and water's edge. c. No more than nine (9) horses are allowed for the guided tour operation including one (1) horse for tour guide will be allowed per tour group. A maximum of two (2) tour groups will be allowed to operate at one time. d. The City shall require and approve an operating plan to accommodate riders with different experience levels in riding horses. e. Horses used in tour operations shall demonstrate the ability and training to hold position in single file and be conditioned to noises, people and other animals without being frightened or reacting in a manner that may cause harm to the rider or bystanders. City shall approve demonstration method. f. All riders shall wear helmets at all times when on the horse. g. All horses shall wear Bun -Bags or equivalent devices for the collection of manure at all times. All manure will be collected and disposed of daily by grantee. Grantee will disinfect urine deposits on the beach daily Boilerplate Revision December 30, 2013 City of Virginia Beach 4 IFB #RMOL-15-0101A I h. Grantee shall provide the City all certifications ensuring all horses are rabies free and have Negative Coggins Certifications. i. A temporary corral may be installed on the beach and remain in place if tours will be operated within the next two (2) subsequent days. If tours will not be operated for 3 or more days the corral shall be removed and properly stored off premises. J. No horses shall be unloaded from trailers on the boardwalk. Unloading plans shall require approval by the City. k. All saddles and riding equipment shall be kept in good working condition at all times. 1. All solicitations for the tours shall take place on private property. Grantee or the tour operator cannot use any public property to solicit tour services. m. Tour operator must be employed by Grantee. n. Tour operator must be present with tour patrons at all times during the tour. o. Grantee shall provide to each of its employees, attire which appropriately identifies the horse riding tour operation. Such attire shall be approved by the Resort Administrator, Strategic Growth Area Office. The approved attire must be worn by on -duty employees during all hours of operation. Failure of an employee to be properly attired shall result in the tour being discontinued until the proper attire is obtained. All outer wear shall have at least a name tag with the Grantee's official logo or company name. P. Persons operating horses cannot sell, solicit, offer, distribute, or provide any information, written or oral, regarding any operation or service in connection to time shares, vacation packages, lodging accommodations, hotels, motels, inns, campgrounds, restaurants, retail stores and entertainment establishments. q. No advertisements, other than the name of Grantee, and the fee for the use and the location of the Tour station shall be placed or maintained by the Grantee on or in the Premises. Boilerplate Revision December 30, 2013 City of Virginia Beach 5 IFB #RMOL-15-0101A r. Any changes in the operational criteria shall require prior written approval of the Resort Administrator, Strategic Growth Area Office. s. Grantee shall further adhere to all specification set forth in the attached Exhibit A, Horse and Carriage Franchise Operating Standards, and Exhibit B, Carriage Operators of North America Guidelines and Standards of Operation. 7. Condition of Premises Grantee shall be responsible for repairing all damage to public property caused by its operation. Any and all damages resulting from the Grantee's operation shall be immediately reported to the Resort Administrator or his/her designee and repaired within a time period specified by the City. 8. Permitted Uses Grantee shall not use the Premises, nor suffer the Premises to be used, for any purpose other than as contemplated by this Agreement. 9. Right of Inspection The City, by its authorized officers, agents, or employees, shall have the right to inspect the operation at any and all reasonable times, with or without notice, for the purpose of determining Grantee's compliance with the provisions of this Agreement. 10. Assignment of Franchise Grantee shall not, assign, delegate, or otherwise transfer, in whole or in part, the franchise agreement or any of Grantee's rights or obligations arising hereunder. In the event the City discovers Grantee made such an assignment, the Grantee will be found in breach of the terms of this Agreement, and the Agreement will be immediately terminated. 11. Interest of Grantee Grantee shall acquire no interest in the Premises, legal or equitable, other than the right to occupy such Premises during the term of this Agreement for the sole purpose of conducting the Work Boilerplate Revision December 30, 2013 City of Virginia Beach 6 IFB #RMOL-15-0101A in compliance with, and subject to, the provisions of this Agreement, and such rights in and to Grantee's personally used in and about the operation of its establishment are as conferred upon Grantee by law. 12. Relationship of Parties It is mutually understood and agreed by the parties that nothing contained in this Agreement is intended, or shall be construed, as in any manner creating or establishing any agency relationship between the parties or any relationship of joint enterprise or partnership. Grantee shall have no authority, express or implied, to act or hold itself out as the agent or representative of the City for any purpose. Grantee shall at all times remain an independent contractor, solely responsible for all obligations and liabilities of, and for all loss and damage to, Grantee's operation, including the Premises and property thereupon, and for all claims and demands resulting from Grantee's operation. 13. Hold Harmless/Indemnification It is understood and agreed that Grantee hereby assumes the entire responsibility and liability for any and all damages to persons or property caused by or resulting from or arising out of any act or omission on the part of the Grantee, its subcontractors, agents or employees under or in connection with this Agreement or the performance or failure to perform any work required by this Agreement. Grantee agrees to indemnify and hold harmless the City and its agents, volunteers, servants, employees, and officials from and against any and all claims, losses, or expenses, including reasonable attorney's fees and litigation expenses suffered by any indemnified party or entity as the result of claims or suits due to, arising out of, or in connection with (a) any and all such damages, real or alleged, (b) the violation of any law applicable to this Agreement, and (c) the performance of any activities on the premises by Grantee or those for whom Grantee is legally liable. Upon written demand by the City, Grantee shall assume and defend at Grantee's sole expense any and all such suits or defense of claims made against the City, its agents, volunteers, servants, employees, or officials. Boilerplate Revision December 30, 2013 City of Virginia Beach 7 IFB #RMOL-15-0101A 14. Insurance a. Grantee shall, prior to the commencement of its operation, procure and shall thereafter maintain in full force and effect during the entire term of this Agreement, a policy or policies of insurance protecting and insuring Grantee and the City, and their agents, employees, and officials against any loss, liability, or expense whatsoever, from personal injury, death, or property damage arising out of or occurring in connection with Grantee's occupancy of the Premises or conduct of its operation, whether such injury, death, or damage occurs or is sustained, or the cause thereof arises, on or off the Premises. The City shall be named as insured under any and all such policies. Such policy or policies shall be written by a responsible insurance company or companies licensed to conduct the business of insurance in the Commonwealth of Virginia and acceptable by the City. Such policy or policies shall be in a comprehensive general liability form, including products liability coverage, and shall be in an amount not less than two million dollars ($2,000,000) combined single limits. The risks covered by any such policy or policies of insurance shall not be limited nor the amount of coverage there under reduced by reason of any insurance that may be maintained by the City. b. Prior to the commencement of its operation and without demand by the City, Grantee shall furnish to the Resort Management Office a certificate(s) of insurance showing Grantee's compliance with the foregoing requirements. Any such certificate(s) shall state that the policy or policies of insurance named therein will not be cancelled or altered without giving at least thirty (30) days prior written notice to the City. c. Grantee's performance of its obligations under the provisions of this section shall not relieve Grantee of liability under the indemnity and save harmless provisions of the preceding paragraph of this Agreement. 15. Audit Boilerplate Revision December 30, 2013 City of Virginia Beach 8 IFB #RMOL-15-0101A The City shall have the right to audit all books and records (in whatever form they may be kept, whether written, electronic or other) relating or pertaining to this Agreement (including any and all documents and other materials, in whatever form they may be kept, which support or underlie those books and records), kept by or under the control of Grantee, including, but not limited to those kept by Grantee, its employees, agents, assigns, successors and subcontractors. Grantee shall maintain such books and records, together with such supporting or underlying documents and materials, for the duration of this Agreement and for at least three years following the completion of this Agreement, including any and all renewals thereof. The books and records, together with the supporting or underlying documents and materials shall be made available, upon request, to the City, through its employees, agents, representatives, contractors or other designees, during normal business hours at Grantee's office or place of business in Virginia Beach, Virginia. In the event that no such location is available, then the books and records, together with the supporting or underlying documents and records, shall be made available for audit at a time and location in Virginia Beach, Virginia, which is convenient for the City. This paragraph shall not be construed to limit, revoke, or abridge any other rights, powers, or obligations relating to audit which the City may have by state, city, or federal statute, ordinance, regulation, or agreement, whether those rights, powers, or obligations are express or implied. 16. Abandonment In the event Grantee shall abandon its operation, the City shall have the right to immediately cancel this Agreement and terminate the Franchise. 17. Termination of Franchise a. The City shall have the right to cancel this Agreement and terminate the franchise on notice to Grantee upon the occurrence of any of the following events: Boilerplate Revision December 30, 2013 City of Virginia Beach 9 IFB #RMOL-15-0101A I (1) The failure of Grantee to secure any approval, license, or permits required by this Agreement or by law, or the cancellation or revocation of any such license or permit. (2) The failure of Grantee or Grantee's subcontractors, agents, employees, or independent contractors, under or in connection with this Agreement, to fulfill, abide by, or comply with any condition of the grant of the Agreement. (3) The failure of Grantee to pay the Franchise Fee required hereunder, or any Supplemental Franchise Fee. (4) The failure of Grantee to comply with any statute, ordinance, regulation, or other law applicable to the ownership or management of its operation or to the occupancy and use of the Premises. (5) The use of the Premises by, on behalf of, or at the sufferance of Grantee for any activity or purpose other than that which is expressly permitted by this Agreement. (6) The failure of Grantee to procure any policy or policies of insurance required by this Agreement, to have been procured prior to the commencement of Grantee's operation, the cancellation or lapse of any such policy or policies so as to cause the aggregate of the limits of liability of coverage there under to be less than the amounts required by paragraph 14 of this Agreement, or any material and adverse change in the risks covered or persons or entities insured there under. (7) The purported assignment, delegation, or other transfer by Grantee of the franchise, in whole or in part, or of any of the rights or obligations of Grantee set forth herein. (8) The refusal of Grantee to permit inspection of the operation by the City as set forth in this Agreement. (9) The death of Grantee, if Grantee is the sole proprietor, or in any other case, the termination of Grantee's existence as a business organization, whether by dissolution, consolidation, Boilerplate Revision December 30, 2013 City of Virginia Beach 10 IFB #RMOL-15-0101A merger, sale, or other like act, or the revocation of Grantee's authority to transact business in the Commonwealth of Virginia. b. The election by the City to exercise its right to cancel this Agreement and to terminate the franchise shall be without prejudice to any of its other rights at law or in equity, and any remedy set forth in this Agreement shall not be exclusive but shall be cumulative upon any or all other remedies herein provided or by law allowed. Upon termination of this Agreement and the franchise, Grantee shall immediately cease all operations upon the Premises. c. Notwithstanding any other remedy conferred upon the City by this Agreement or by law, the City may elect to suspend Grantee's operation upon the occurrence of any of the events herein above enumerated or in the event of the breach by Grantee of any other provision or condition of this Agreement. Grantee shall, upon receipt of notice of such suspension, immediately cease its operation until such time as the City shall permit Grantee to continue its operation. Such permission shall be granted by the City at such time as Grantee shall have remedied the breach or breaches of this Agreement giving rise to such suspension. 18. Publicity The City shall have the right to photograph Grantee's operation and to use any such photographs in any of its publicity or advertising. Grantee shall not be entitled to compensation by reason of the taking or use of any such photographs. 19. Notice All notices required or permitted hereunder shall be given and shall be deemed given if, in writing, mailed by certified or registered mail, and addressed to Grantee at the address of Grantee stated in its application or to the Resort Administrator or designee, 2101 Parks Avenue, Suite 502, Virginia Beach, Virginia 23451, or to such other address as either party may direct by notice given as herein above provided. Boilerplate Revision December 30, 2013 City of Virginia Beach 11 IFB #RMOL-15-0101A 20. Severability The provisions of this Agreement shall be deemed to be severable, and should any one or more of such provisions be declared or adjudged to be invalid or unenforceable, the remaining provisions shall be unaffected thereby and shall remain in full force and effect. 21. Descriptive Headings The descriptive headings appearing in this Agreement are for convenience only and shall not be construed either as a part of the terms, covenants, and conditions hereof or as an interpretation of such terms, covenants, and conditions. 22. Entirety of Agreement This Agreement and any exhibits constitute the final, complete and exclusive written expression of the intentions of the parties, and shall supersede all previous communications, representations, agreements, promises or statements, whether oral or written, by any party or between the parties. 23. Waiver No failure of the City to exercise any right or power given to it by law or by this Agreement, or to insist upon strict compliance by Grantee with any of the provisions of this Agreement, and no custom or practice of the parties at variance with the terms hereof, shall constitute a waiver of the City's right to demand strict compliance with the terms of this Agreement. 24. Modification No modification, revision, or deletion of any of the provisions of this Agreement, and no addition of any provisions hereto, shall be valid unless in writing and executed with the same formalities as this Agreement. 25. Governing Law/Venue Boilerplate Revision December 30, 2013 City of Virginia Beach 12 IFB #RMOL-15-0101A This Agreement and the franchise shall be governed and construed by the laws of the Commonwealth of Virginia, and the parties hereto designate the appropriate courts of competent jurisdiction of the City of Virginia Beach, Virginia or the U.S. District Court for the Eastern District of Virginia, Norfolk Division, for purposes of litigation and venue. 26. Faith Based Organizations The City of Virginia Beach does not discriminate against Faith -Based Organizations. 27. Compliance with Immigration Laws. Grantee does not currently, and shall not during the performance of this Agreement, knowingly employ an unauthorized alien, as defined in the federal Immigration Reform and Control Act of 1986. 28. Business Entity Registration The Grantee shall be registered and authorized to transact business in the Commonwealth as a domestic or foreign business entity if so required by Title 13.1 or Title 50 or as otherwise required by law. The Grantee shall submit proof of such registration to the City. Additionally, the Grantee shall not allow its existence to lapse or its certificate of authority or registration to transact business in the Commonwealth, if so required under Title 13.1 or Title 50, to be revoked or canceled at any time during the term of the Agreement. 29. Business License Requirement If the Grantee is a business, located in the City of Virginia Beach or at any time during the performance of this Agreement obtains situs for purposes of business license taxes, it shall be unlawful for such business to conduct or engage in such business, trade or occupation without having first obtained the proper license from the Commissioner of the Revenue of the City, and the Grantee covenants that it has a business license where one is required to perform this Agreement. IN WITNESS WHEREOF, the following signatures and seals: Boilerplate Revision December 30, 2013 City of Virginia Beach 13 IFB #RMOL-15-0101A CITY OF VIRGINIA BEACH By City Manager/ Authorized Designee STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: I, , a Notary Public in and for the City and State aforesaid, do hereby certify that , City Manager/Authorized Designee for the CITY OF VIRGINIA BEACH, whose name as such is signed to the foregoing Permit Agreement, has acknowledged the same before me in my City and State aforesaid. He is personally known to me. GIVEN under my hand this day of , 2014. My Commission Expires: Registration No.: Boilerplate Revision December 30, 2013 City of Virginia Beach Notary Public 14 IFB #RMOL-15-0101A ATTEST: City Clerk STATE OF VIRGINIA, CITY OF VIRGINIA BEACH, to -wit: I, , a Notary Public in and for the City and State aforesaid, do hereby certify that, Ruth Hodges Fraser, City Clerk, for the CITY OF VIRGINIA BEACH, whose name as such is signed to the foregoing Permit Agreement, has acknowledged the same before me in my City and State aforesaid. She is personally known to me. GIVEN under my hand this day of , 2014. My Commission Expires: Registration No.: Boilerplate Revision December 30, 2013 City of Virginia Beach Notary Public 15 IFB #RMOL-15-0101A VIRGINIA BEACH HORSEBACK, INC. By: Name: Title: STATE OF VIRGINIA, CITY OF VIRGINIA BEACH, to -wit: I, , a Notary Public in and for the City and State aforesaid, do hereby certify that GRANTEE., , of The Beach Pedal Cab Company, whose name as such is signed to the foregoing Permit Agreement, has acknowledged the same before me in my City and State aforesaid. He/she is personally known to me or has produced as identification. GIVEN under my hand this day of , 2014. My Commission Expires: Registration No.: Boilerplate Revision December 30, 2013 City of Virginia Beach Notary Public 16 IFB #RMOL-15-0101A I Approved as to Content: Approved as to Legal Sufficiency: Resort Management Office City Attorney's Office Approved as to Risk: Risk Manager Boilerplate Revision December 30, 2013 City of Virginia Beach 17 IFB #RMOL-15-0101A CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Authorize Temporary Encroachments into a Portion of City - owned Property Known as Lake Wesley Located at the Rear of 532 and 536 Southside Road for the William S. Shelhorse and Sally C. Wise Living Trust MEETING DATE: October 7, 2014 • Background: William S. Shelhorse and Sally C. Wise, Trustees of the William S. Shelhorse and Sally C. Wise Living Trust (the "Applicants") have requested permission to replace and maintain two (2) existing ramps and two (2) existing floating docks and to maintain an existing boat lift and nineteen (19) existing piles. The encroachments are at the rear of 532 and 536 Southside Road (GPINs: 2426-19-8732 and 2426-19-8605), and have existed for 30+/- years. Council approved an ordinance for some of the encroachments that are to be replaced in February 2000. There are similar encroachments in Lake Wesley, which is where the Applicants have 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 on City property, the requested encroachments have been reviewed by the Department of Planning/Environmental Management Center. Staff is of the professional opinion that the establishment of a 5 - foot -wide vegetated riparian buffer area, consisting of under story trees and shrubs in a mulched/rocked bed running the entirety of the shoreline adjoining the Applicants' property (the "Buffer") is feasible and warranted to help reduce long-term water quality impacts associated with the encroachments. The Applicants have submitted a plan for establishing the Buffer that has been reviewed and approved by the Department of Planning/Environmental Management Center. In addition to establishing the Buffer, the Applicants will make a payment in the amount of Seven Hundred Eighty -Five and 00/100 Dollars ($785.00) to the Department of Planning as compensation for the typically required 15 -foot -wide vegetated riparian buffer. • 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 Submitting Department/Agency: Public Works/Real Estate ?.c.a. 0 k , tat City Manager: 1 AN ORDINANCE TO AUTHORIZE TEMPORARY 2 ENCROACHMENTS INTO A PORTION OF CITY 3 PROPERTY KNOWN AS LAKE WESLEY, 4 LOCATED AT THE REAR OF 532 AND 536 5 SOUTHSIDE ROAD FOR THE WILLIAM S. 6 SHELHORSE AND SALLY C. WISE LIVING 7 TRUST 8 9 WHEREAS, William S. Shelhorse and Sally C. Wise, Trustees of the William S. 10 Shelhorse and Sally C. Wise Living Trust (the "Applicant") desire to replace and 11 maintain two (2) existing ramps and two (2) existing floating docks and to maintain an 12 existing boat lift and nineteen (19) existing piles in a portion of City property known as 13 Lake Wesley located at the rear of 532 and 536 Southside Road, in the City of Virginia 14 Beach, Virginia (GPIN: 2426-19-8732 and 2426-19-8605); and 15 16 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 17 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 18 City's property subject to such terms and conditions as Council may prescribe. 19 20 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA: 22 23 1. That pursuant to the authority and to the extent thereof contained in §§15.2-2009 and 15.2-2107, Code of Virginia, 1950, as amended, William S. Shelhorse 25 and Sally C. Wise, Trustees of the William S. Shelhorse and Sally C. Wise Living Trust 26 (the "Applicants") are authorized to construct and maintain temporary encroachments 27 for two (2) existing ramps and two (2) floating docks, and to maintain an existing boat lift 28 and nineteen (19) existing piles in a portion of City property known as Lake Wesley, as 29 shown on the map entitled: "EXHIBIT A ENCROACHMENT FOR WILLIAM S. 30 SHELHORSE AND SALLY C. WISE LIVING TRUST 536 SOUTHSIDE ROAD, 31 VIRGINIA BEACH, VA GPIN'S: 2426-19-8605 AND 2426-19-8732," a copy of which is 32 on file in the Department of Public Works and attached hereto as Exhibit A and 33 incorporated herein, to which reference is made for a more particular description; 34 35 2. That the temporary encroachments are expressly subject to those terms, 36 conditions and criteria contained in the Agreement between the City of Virginia Beach 37 and William S. Shelhorse and Sally C. Wise, Trustees of the William S. Shelhorse and 38 Sally C. Wise Living Trust (the "Agreement"), an unexecuted copy of which has been 39 presented to the Council in its agenda, and which agreement will be recorded among 40 the records of the Clerk's Office of the Circuit Court of the City of Virginia Beach; 41 42 3. That the City Manager or his authorized designee is hereby authorized to 43 execute the Agreement; and 4 4 4. That this Ordinance shall not be in effect until such time as the Applicants 4 5 and the City Manager or his authorized designee execute the Agreement. 46 4 7 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 48 of , 2014. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY AND FORM aim C • LIC WORKS, REAL ESTATE CITY ATTO CA12965 \\vbgov.com\DFS 1Wpplications\CityLawProd\cycom32\W pdocs\D002\P018\00152336.doc R-2 September 26, 2014 LAKE WESLEY sr EX. 3'x20.4' WOOD RAMP 23.3' EX. FLOATING WOOD DUCK TO BE REPLA(2O EX. FLOATING WOOD DOCK TO EC REPLACED 0 EX. 3.2'x12.5' MOOD RAMP PARCEL B -1A M.B. 201 P. 42 CONCRETE DRIVEWAY PROPERTY UNE CENTERLINE MING 15' PUBLIC DRAINAGE EASEMENT (M.B. 201 P. 42) LOT B-3 M.B. 7 P. 169 LOT B-2 /532 2426-19-8732 PARCEL B -2A 2 STORY BRICK, FRAME & STUCCO RE9DENCE #536 2426-19-8605 75.50' G: \14-01jpa.dwg C.\ftf19 7Ot19.12.99013,4iiG, DO - PIN(F) 57.50' N 35'24'00". E PN(F) SOUTHSIDE ROAD (50' R/W) M.B. 7 P. 169 EXHIBIT A ENCROACHMENT FOR WILLIAM S. SHELHORSE AND SALLY C. WISE LIVING TRUST 536 SOUTHSIDE ROAD, VIRGINIA BEACH, VA GPIN'S: 2426-19-8605 AND 2426-19-8732 SCALE: 1" = 30' MAY 8, 2014; JUNE 19, 2014 REVISED GALLUP SURVEYORS & ENGINEERS, LTD. 323 FIRST COLONIAL ROAD VIRGINIA BEACH, VIRGINIA 23454 (757)428-8132 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 012—Tay of Ps --)C----/5 "\-- , 2014, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and WILLIAM S. SHELHORSE and SALLY C. WISE, husband and wife, and WILLIAM S. SHELHORSE and SALLY C. WISE, Trustees of the WILLIAM S. SHELHORSE and SALLY C. WISE LIVING TRUST, ITS/HIS/THEIR/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 "NORTHERN 1/2 OF B-2 AND PARCEL B -2A"; as shown on that certain plat entitled: "AMENDED RESUBDIVISION OF PROPERTY SOUTHERN ONE-HALF OF LOT B2, DIVISION OF LOT B2 – RUDEE HEIGHTS M.B. 39 P. 18 AND SITE B RESUBDIVISION OF LOT 7, BLOCK "H" AND LOT B-1 REPLAT OF RUDEE HEIGHTS M.B. 197 P. 53 LYNNHAVEN BOROUGH VA. BEACH, VIRGINIA" prepared by Gallup Surveyors & Engineers, Ltd. and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 201, at page #42, and being further designated, known, and described as 532 & 536 Southside Road, Virginia Beach, Virginia 23451; GPIN: 2427-20-6108 GPIN'S 2426-19-8732 and 2426-19-8605 (532 & 536 Southside Road) WHEREAS, it is proposed by the Grantee to replace and maintain two (2) existing ramps, two (2) existing floating docks, and maintain an existing boat lift, and nineteen (19) existing piles collectively, the "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as Lake Wesley, GPIN: 2427-20-6108 the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT A ENCROACHMENT FOR WILLIAM S. SHELHORSE AND SALLY C. WISE LIVING TRUST 536 SOUTHSIDE ROAD, VIRGINIA BEACH, VA GPIN'S: 2426-19-8605 AND 2426- 19-8732," a copy of which is attached hereto as EXHIBIT A and to which reference is made for a more particular description. 2 Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee shall make a $785.00 payment, payable to the City Treasurer, to the Department of Planning as compensation for the typically required 15 -foot -wide riparian buffer area that cannot be 3 established on the property of the Grantee; said buffers are a standard condition of the City for shoreline encroachments. Said payment is equal to partial cost of plant material which will be used to restore buffer areas on other City -owned property. It is further expressly understood and agreed that the Grantee shall establish and maintain a riparian buffer, which shall be a minimum of 5 foot in width landward from the shoreline, shall run the entire length of the shoreline, and shall consist of a mulched and/or rock planting bed and contain a mixture of shrubs and perennial plants (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. 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 Encroachment. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City 4 may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, William S. Shelhorse and Sally C. Wise, Trustees for the William S. Shelhorse and Sally C. Wise Living Trust, the said Grantee, has/have caused this Agreement to be executed by his/her/their signature/s. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: (SEAL) The foregoing instrument was acknowledged before me this day of , 2014, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of , 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 me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 William S. Shelhorse and Sally C. Wise Living Try�t By Wiiam • he horse, Trustee By j~ t " ( 11 - Sally C. Wi 6, Trustee STATE OF CITY/COUNTY OF 1% •/te,;, 'ti- , to -wit: The foregoing instrument was acknowledged before me this a DJ day of , 2014, by William S. Shelhorse and Sally C. Wise, Trustees for the William S. Shelhorse and Sally C. Wise Living Trust. Notary Registration Number: 7( 1/ p3 g My Commission Expires: /21.311/6. APPROVED AS TO CONTENTS 0±1,-r 22-7 DAT PUBLIC WORKS / REAL ESTATE DEPARTMENT / DIVISION SUSAN B THOMPSON Notary Public Commonwealth of *pis 11$4!3$ My Commission Ex11ne Dec ?' .SAL) 7 APPROVED AS TO LEGAL SUFFICIENCY AND FORM A" M YER, ASS • CIATE CITY ATTORNEY 0 °LAKE WESLEY (D.B. 2020 P. 282) GPIN: 2427-20-6108 EX. FLOATING WOOD DOCK TO BE REPLACED 0 m 23.3' o ..t 0 ^i EX. FLOATING EX. PILE(TYP) WOOD DOCK 5.2' TO BE REPLACED EX. 3'x20.4' WOOD RAMP ° APPROX. MLW 7 EX. 12.5'x13.0' BOAT LIFT 0 TIE LINE M.B. 39 P. 18 \ \ WO0D LOT B-2 ` DECK t`? o O #532 2426-19-8732 LOT B-3 M.B. 7 P. 169 14-01 jpa.dwg EX. 3.2'x12.5' WOOD RAMP 0 PARCEL B -1A M.B. 201 P. 42 CONCRETE DRIVEWAY PROPERTY LINE = CENTERLINE EXISTING 15' PUBLIC DRAINAGE EASEMENT (M.B. 201 P. 42) o; ENCLOSED PORCH PARCEL B -2A 2 STORY BRICK, FRAME & STUCCO RESIDENCE #536 2426-19-8605 PIN(F) PIN(F) 57.50' N 35'24'00" E SOUTHSIDE ROAD (50' R/W) M.B. 7 P. 169 EXHIBIT A ENCROACHMENT FOR WILLIAM S. SHELHORSE AND SALLY C. WISE LIVING TRUST 536 SOUTHSIDE ROAD, VIRGINIA BEACH, VA GPIN'S: 2426-19-8605 AND 2426-19-8732 SCALE: 1" = 30' MAY 8, 2014; JUNE 19, 2014 REVISED GALLUP SURVEYORS & ENGINEERS, LTD. 323 FIRST COLONIAL ROAD VIRGINIA BEACH, VIRGINIA 23454 (757)428-8132 PIN(F) • • • H N cc H 0 z > N J ti W H cn r a) W cp 0 a a (.) CNA N CNAZ O WN'n o O 0 c < 2 z co O < w J N Z = Ce .. W J N W z co 2 J J City Properties X:\CADD\Projects\ARC Files\AGENDA MAPS\Southside Rd\2426-19-8605/2426-19-8605.m Prepared by P.W./Eng./Eng. Suppo - 11 t 0 4" CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to authorize Temporary Encroachments into a portion of an existing City right-of-way known as Lynnhaven Promenade and City Property known as Crab Creek located at the rear of 2074 Tazewell Road, for property owner the Penny Combs Lane Revocable Living Trust MEETING DATE: October 7, 2014 • Background: 2072 and 2074 Tazewell Road is a condominium with property owned by Thomas K. Norment, Jr., and the Penny Combs Lane Revocable Living Trust (the "Lane Trust"). The Lane Trust, of 2074 Tazewell Road, requests permission to maintain an existing wood bulkhead, remove a portion of an existing wood pier (6.5 LF) and to construct and maintain a proposed wood dock (6' X 7') and a proposed floating dock (8' X 11'), into a portion of an existing City right-of-way known as Lynnhaven Promenade and City property known as Crab Creek located at the rear of 2074 Tazewell Road. Lynnhaven Promenade is a paper street. Mr. Norment has provided his assent to the Lane Trust's pursuit of an encroachment for the referenced improvements. There are similar encroachments that have been approved by City Council in Lynnhaven Promenade and Crab Creek, which is where the Lane Trust requests to encroach. On May 8, 2007, City Council granted permission to The Futura Group, L.L.C. to encroach into a portion of the existing City right-of-way to construct and maintain a pier and return wall at the rear of these two properties. These encroachments enlarge the improvements in the May 8, 2007, approval. • 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 canopy trees, under story trees, shrubs, miscellaneous ground cover, ornamental grasses and perennial plants in a mulched 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. However, there is a portion of the 15 - foot -wide area that cannot accommodate the buffer, so the applicant will make a payment to the City to restore buffer areas on other City -owned property to offset the on-site buffer requirement. • 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 14) City Manager. D 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF AN EXISTING 6 CITY RIGHT-OF-WAY KNOWN AS 7 LYNNHAVEN PROMENADE (PAPER 8 STREET) AND CITY PROPERTY 9 KNOWN AS CRAB CREEK LOCATED 10 AT THE REAR OF 2074 TAZEWELL 11 ROAD, FOR PROPERTY OWNER THE 12 PENNY COMBS LANE REVOCABLE 13 LIVING TRUST 14 15 WHEREAS, the Penny Combs Lane Revocable Living Trust, through its trustee, 16 desires to maintain an existing wood bulkhead, remove a portion of an existing wood 17 pier (6.5 LF), and to construct and maintain a proposed floating dock (8' X 11') and 18 proposed wood dock (6' X 7') into a portion of an existing City right-of-way known as 19 Lynnhaven Promenade (paper street) and City property known as Crab Creek located 20 at the rear of 2074 Tazewell Road, in the City of Virginia Beach, Virginia; and 21 22 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 23 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 24 City's right-of-way/property subject to such terms and conditions as Council may 25 prescribe. 26 27 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 28 VIRGINIA BEACH, VIRGINIA: 29 30 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 31 2009 and 15.2-2107, Code of Virginia, 1950, as amended, the Penny Combs Lane 32 Revocable Living Trust, (the "Trust"), its heirs, assigns and successors in title are 33 authorized to maintain temporary encroachments to maintain an existing wood 34 bulkhead, remove a portion of an existing wood pier and to construct and maintain a 35 proposed floating dock and wood dock, into a portion of an existing City right-of-way 36 known as Lynnhaven Promenade (paper street) and City property known as Crab Creek 37 as shown on the maps marked Exhibit "A" and entitled: "EXHIBIT A ENCROACHMENT 38 EXHIBIT FOR PROPOSED FLOATING DOCK (8' X 11') AND PROPOSED WOOD 39 DOCK (6' X 7') 2074 TAZEWELL ROAD LOT 5, BLOCK 4 — OCEAN PARK SECTION 40 A (INSTRUMENT # 200605150072776) for: PENNY C LANE DATE: 06/05/2013 41 (REVISED 4/21/2014) SHEET 1 OF 1 SCALE: 1" = 25'," copies of which are on file in 42 the Department of Public Works and to which reference is made for a more particular 43 description; and 44 45 BE IT FURTHER ORDAINED that the temporary encroachments are expressly 46 subject to those terms, conditions and criteria contained in the Agreement between the 47 City of Virginia Beach and the Penny Combs Lane Revocable Living Trust (the 48 "Agreement"), which is attached hereto and incorporated by reference; and 49 50 BE IT FURTHER ORDAINED that the City Manager or his authorized designee is 51 hereby authorized to execute the Agreement; and 52 53 BE IT FURTHER ORDAINED that this Ordinance shall not be in effect until such 54 time as Penny Combs Lane, the trustee, and the City Manager or his authorized 55 designee execute the Agreement. 56 57 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 58 of , 2014. CA -12567 R-1 PREPARED: 9/8/14 APPROVED AS TO CONTENTS LIC WORKS/REAL ESTATEV'O APPROVED AS TO LEGAL SUFFICIENCY AND FORM A EYER, ASSOCIATE CITY ATTORNEY 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 B5 day of , 2014, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and PENNY COMBS LANE REVOCABLE LIVING TRUST, ITS 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 5, Block 4, Section A"; as shown on that certain plat entitled: "EXHIBIT B SHEET 1 OF 1 CONDOMINIUM PLAT AND PLAN OF 2072 & 2074 TAZEWELL ROAD A CONDOMINIUM VIRGINIA BEACH, VIRGINIA SCALE: 1" = 10' MAY 18, 2009," prepared by WILLIAM R. PRITCHARD, LAND SURVEYOR for wpl Landscape Architecture Land Surveying Civil Engineering, 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 Instrument Number 20090601000607580, and being further designated, known, and described as 2074 Tazewell Road, Virginia Beach, Virginia 23455; GPIN'S: 1489-58-8413-0000 & 1489-58-7167-0000 (Lynnhaven Promenade [paper street]) & waterway 1489-58-6199-0002; (2074 Tazewell Road) WHEREAS, it is proposed by the Grantee to maintain an existing wood bulkhead, remove a portion of an existing wood pier (6.5 linear feet) and to construct and maintain a proposed floating dock (8' X 11') and a proposed wood dock (6' X 7'), collectively, the "Temporary Encroachments", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachments, it is necessary that the Grantee encroach into a portion of an existing City right-of-way known as Lynnhaven Promenade (a paper street) and City property known as Crab Creek, 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 Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: Temporary Encroachments into the Encroachment Area as shown on that certain exhibit plat entitled: "EXHIBIT A ENCROACHMENT EXHIBIT FOR PROPOSED FLOATING DOCK (8'X11') AND PROPOSED WOOD DOCK (6'X7') 2074 TAZEWELL ROAD LOT 5, BLOCK 4 — OCEAN PARK, SECTION A (INSTRUMENT # 200605150072776) for: PENNY C. LANE SCALE: 1" = 25' SHEET 1 OF 1 DATE: 06/05/2013 (REVISED 4/21/2014)," prepared by ERIC A. GARNER, LAND SURVEYOR for wpl Landscape Architecture Land Surveying Civil Engineering, a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachments from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee must execute and maintain and have on file with the Department of Planning a License Agency Agreement with Thomas K. Norment, Jr., property owner of 2072 Tazewell Road, prior to commencing any construction within the Encroachment Area (the "License Agency Agreement"). A copy of the License Agency Agreement is attached hereto as Exhibit 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. 3 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 maintain the existing riparian buffer planting beds and shrubs on the property. It is further expressly understood and agreed that the Grantee shall make a ONE HUNDRED FIFTY DOLLAR ($150.00) payment, payable to the City Treasurer, to the Department of Planning/Environment and sustainability Office as compensation for the typically required 15 -foot -wide riparian buffer area that cannot be established on the property of the Grantee; said buffers are a standard condition of the City for shoreline encroachments. Said payment is equal to partial cost of plant material which will be used to restore buffer areas on other City -owned property. 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. 4 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 Area, certified by a 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, Penny Combs Lane, trustee of the Penny Combs Lane Revocable Living Trust, 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. 5 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of , 2014, by CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this day of 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 me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 6 The Penny Combs Lane Revocable Living Trust By 1 Penny Conlbs Lane, Trustee STATE OF Vt.; ,t CITY/COUNTY VtAr:,• � , to -wit: � The foregoing instrument was acknowledged before me this day of , 2014, by Penny Combs Lane, Trustee on behalf of The Penny Combs Lane Revocable Living Trust. Notary Public Notary Registration Number: 33°1 AS kP' My Commission Expires: I0i 31 APPROVED AS TO CONTENTS SIGNATURE Soti(mboT;1 2 1(1 DATE PUBLIC WORKS / REAL ESTATE DEPARTMENT / DIVISION 7 (SEAL) APPROVED AS TO LEGAL SUFFICIENCY AND FORM DANA R: FIA ASSOCIATE CITY ATTORNEY OF CHANNEL PER CITY DREDGE PLANS BY: CITY OF VIRGINIA BEACH DATED JUNE 24, 2011 WEST EDGE OF CHANNEL PER CITY DREDGE PLANS BY: CITY OF VIRGINIA BEACH DATED JUNE 24, 2011 BOAT LIFT REMOVE ii4TCHED PORTION (6.5LF) OF EX WOOD PIER PROPOSED FLOA77NG DOCK (8)01) EX WOOD PIER EX WOOD PIER EX WOOD BULKHEAD N/F WILLIAM R BURNETTE, JR UNIT 2076 & UNIT 2078 (M.B.2633, PG.416) GPIN: 1489-58-6234 189.08ALONG R/W TO -""—PC. OF PIEDMONT CIRCLE FLOOD - _ _ _ EBB CRAB CREEK 3 N x 1 25.0' PROPOSED WOOD DOCK (6'X7) M 'uER/D64N SOURCE N/F CITY OF VIRGINIA BEACH (D.8.2188, PG.545) (AI.B.153, PG.41) (1489-58-7167) 0 EX MARSH , R=586.3 EX W00 PIER b 0) N 89'30'50" E EX. MHW y, LINE 4, f'� b WITH VINYL SIDING EX WOOD PIER EX EDGE WATER (MLW) EX. EDGE OF MARSH L YNNHA VEN PROMENADE (25' R/W) (UNIMPROVED) "'EX 3 -STORY " [11LOT-5 BLK. -4 N GPIN: 1489-8-6199 IEX 3 -STORY BRICK AND FRAME 12074 #2072 EX CONC DRIVEWAY EX CONC DRIVEWAY L - '. 00' R=14.1.21 ' l")\—EX WOOD 0 BULKHEAD S 86'45'5.3" W N/F 2068 TAZEWELL ROAD ASSOCIATES L L C LOT -6 (M.B.5, PG.69) GPIN: 1489-58-6153 TAZEWELL ROAD (VAR/ABLE W/DTH R/W) SCALE: 1 "=25' Landscope Architecture Land Surveying 757.431.1041 Civil Engineering wplsite.com SHEET1 OF 1 EXHIBIT A ENCROACHMENT EXHIBIT FOR PROPOSED FLOATING DOCK (8'X11') AND PROPOSED WOOD DOCK (617') 2074 TAZEWELL ROAD LOT 5, BLOCK 4 - OCEAN PARK, SECTION A (INSTRUMENT # 200605150072776) for: PENNY C LANE DATE: 06/05/2013 (REVISED 4/21/2014) WPL#212-0336 I" EXHIBIT 'B" LICENSE AGENCY AGREEMENT • WHEREAS, the Penny Combs Lane Revocable Living Trust (the "Lane Trust"), must execute and maintain and have on file with the City of Virginia Beach a License Agency Agreement with Thomas K. Norment, Jr., property owner of 2072 Tazewell Road, GPIN: 1489-58-6199-0001, prior to commencing any construction within the Encroachment Area. • WHEREAS, the Lane Trust, has requested permission to maintain an existing wood bulkhead, remove a portion of an existing wood pier (6.5 linear feet) and to construct and maintain a proposed floating dock (8' x 11') and a proposed wood dock (6' x 7') (collectively, the "Temporary Encroachments"), within the City's right-of-way known as Lynnhaven Promenade (a paper street) and City property known as Crab Creek (the "Encroachment Agreement"). • NOW, THEREFORE, 1. I, Thomas K. Norment, Jr., the undersigned and property owner of 2072 Tazewell Road, hereby authorize the Lane Trust to make application to the City of Virginia Beach for the purpose of an encroachment for the above referenced property. 2. 1 further offer no objection to the Lane Trust executing the Encroachment Agreement if the City of Virginia Beach grants approval for such Encroachment Agreement. 3. The building and maintenance of the bulkhead, wood pier, floating dock and wood dock ui1d 1 Uii y ._ul;l�i%iLiuiit;,lt iy ,iVl:iill:iii 1ss d by lll:nLii alt.; at the sole expense of the Lane Trust. 4. The Lane Trust shall be responsible for any liability on account of the Temporary Encroachments for the bulkhead, wood pier, floating dock and wood dock. By Thomas K. Norment, Jr. PENNY COMBS LANE REVOCABLE LIVING TRUST By Date *///4 Date C PEP DEDG,-. PLAN:, Er D, VIA SUCHDATEL ,!LIN: 2011 WESTZUGi: UF ONANNE: PER DREDCZ PLANS B`r, orr cVIRGiNIA BEACH DATC1: JUNE 24, 2:r. - PORTON (6.5LF) OF EX WOOD PIER PROPOSED FLOA77NG DOCK (8X11) EX WOOD-, pFr, , I EX WOOD I I i RER 25.0' r -PROPOSED WOOD DOCK (6Y7) 12_000 538 GRA GREEK /EX - LEX WOOD PIER EX WOOD BJLKHEAD N/FI WILLIAI R BURNETTE, JR UNIT 2076 & UNIT 2078 (M.E3.2633, PG.416) GPIN: 1489-58-6234 789.08 ALONG RAV TO P.C. OF PIEDMONT C/RCLE N 8930'50`" E Fwu 4 _ Londsccpc nchteclure ont Si)rveyi7,c 757.431 wp,!F:te.cem tri EX I\A.:ARSH ,VERIDAN SOURCE (44.8.263,3, pG.476) N/F crr OF VIRGINIA EACH (0.8.2188. PG.545) (M.B.153, PG.41) (14BR-58-7167) 3 EX W0C0 PER , 1 EX WO9j PIER , ' I r_Du.. WATER (MW) 6. MHW — :X. 02G6 OF L / MARSH R1--585.Jo' LiNt: 4N-LiUs: 771 _771 >EX 3 -STORY _L LOT -5 BLK4 r- 1489-58-6/99 D; 3 -STORY c,c) BRICK AND FRAMELL I /1 WITH VINYL SIDING 1 I I t #2074 #2072 ill i I CCNC D-R)VEWAY ! L EX OON,D DRIVEWAv 00' 1 2 7 S 86'45'53 ZEWE'LL ROAD' (VARIABLE WIDTH R/w) SHEET 1 OF 1 EX WOOD BULKHEAD L YNNHA VEN PROMENADE (25' R/W) (UNIMPROVED) N/F 2068 TAZEWELL ROAD ASSOCIATES L L C LOT -6 (M.B.5, PG.69) GPIN: 1489-58-6153 EXHIBIT A ENCROACHMENT EXHIBIT FOR PROPOSED FLOATING DOCK (8'XI, I') AND PROPOSED "WOOD DOCK (6'X7') 2074 TAZEWELL ROAD LOT 5, BLOCK 4 - OCEAN PARK, SECTION A (INSTRUMENT # 200605150072776) for: PENNY C LANE DATE: 06/05/2013 (REVISED 4/21/2014) wP4212-0336 DF CHANNEL PER CITY DREDGE PLANS _ CITY OF VIRGINIA BEACH DATED JUNE 20 2011 WEST EDGE OF CHANNEL PER CRY DREDGE PLANS BY: CrrY OF VIRGINIA BEACH DATED JUNE 24, 2011 REMOVE FL4TCHEB PORTION (6.5LF) OF EX WOOD PIER PROPOSED FLOA77NC DOCK (8X11) EX WOOD PIER BOAT LIFT� 11-1 EX WOOD PIER FLOOD E 88 T. CRAB CREEK 25.0' PROPOSED WOOD DOCK (6X7) EX WOOD PIER EX W00 Q' PIER EX MARSH a R=586.3. irtiv EX WOOD BJLKH AD N/F WILLIAM R BURNETTE, JR UNIT 2076 & UNIT 2078 (M.8.2633, PG.416) GPIN: 1489-58-6234 189.08' ALONG R/W TO P.C. OF PIEDMONT CIRCLE f co g N 89'30'50" E MERIDIAW SOURCE PG.416�� N/F CRY OF VIRGINIA BEACH (D.&2188, PG.545) (M.B.153, P0.41) (1489-58-7167) EX 1V000 PIER EX EDGE WATER (MLW) EX. EDGE OF MARSH L YNNHA VEN PROMENADE (25' R/W) (UNIMPROVED) LOT -5 ELK -4 J —GPIN:• 1489-58-6199 EX 3—STORY BRICK AND FRAME WITH VINYL SIDING 12074 #2072 11 � ji rJ � EX CONC. DRIVEWAY l .00' R=(1421.21' ki S 86'45'53" W TA ZE WELL ROAD (VAR/ABLE WIDTH R/W) EX WOOD BULKHEAD N/F 2068 TAZEWELL ROAD ASSOCIATES L L C LOT -6 (M.B.5, PG.69) GPIN: 1489-58-6153 SCALE: 1"=25' Landscape Architecture Land Surveying 757.431.1041 Civil Engineering wpisite.corn SHEET 1 OF 1 EXHIBIT A ENCROACHMENT EXHIBIT FOR PROPOSED FLOATING DOCK (8111') AND PROPOSED WOOD DOCK (6'X7') 2074 TAZEWELL ROAD LOT 5, BLOCK 4 — OCEAN PARK, SECTION A (INSTRUMENT # 200605150072776) for: PENNY C LANE DATE: 06/05/2013 (REVISED 4/21/2014) WPL#212-0336 PIEDMONT CIR 1489-584199 Legend CRy Properties ‘Srepared by P.W./Eng./Eng. Support Sendees Bureau 02102/201 N w LOCATION MAP ENCROACHMENT REQUEST FOR PENNY C. LANE RLT 2074 TAZEWELL ROAD GPIN 1489-58-6199-0002 Feet 200 0 50 100 X. ADD\ProjeelsWRC Fibs1AGENDA MAPS\T.zewel Rd\1489.58-6199\1489-58-8199.mx Existing encroachment behind 2074 Tazewell Road illlllllllllilll 11111 Ilii1l • ITEM: An Ordinance to Accept and Appropriate Funds from FEMA for the Continued Operation of the Virginia Task Force 2 Urban Search and Rescue Team and to Approve 3.25 Grant -Funded FTEs MEETING DATE: October 7, 2014 • Background: The Federal Emergency Management Agency, the emergency preparedness branch of the Department of Homeland Security, provides funding for Virginia Task Force 2 (VA-TF2), Urban Search and Rescue Team. Funding supports personnel costs, equipment and supplies, facility leasing, training and travel necessary to maintain the team at an expected level of response capability and state of readiness. The City of Virginia Beach is the sponsoring agency for VA-TF2. • Considerations: FEMA has awarded $1,251,131 to VA-TF2 for support of ongoing expenses for an eighteen -month period from September 1, 2014 through February 28, 2016. The grant does not require a local match. FEMA provides annual funding at levels necessary to maintain current programs as well as funding to expand team capabilities to meet new threats at a heightened state of readiness. This annual preparedness grant continues funding for 3.25 FTEs previously approved by City Council in the current FEMA cooperative agreement grant including 2 full-time positions (FEMA Program Manager and Administrative Technician) and 2 part-time positions (Training Manager and Logistics Manager — Total of 1.25 FTE). These positions do not now appear in the Adopted FY 2014-15 Operating Budget that Council adopted May 13, 2014, but are re -affirmed through acceptance and appropriation of the FEMA Cooperative Agreement grant. Also, the grant provides funding for the continuation of facility lease and expenses, replacement of equipment and supplies, training, formal exercise and travel expenses. The program has reached a point where this level of funding is critical to its continuity as a viable program. Both personnel and equipment resource demands have far exceeded the capacity of the sponsoring agency to cover support costs. FEMA assistance of this magnitude is necessary to maintain VA —TF2 at required performance levels. • Public Information: Public information will be coordinated through the normal agenda process. • Recommendation: Adopt the attached budget amendment. • Attachment: Ordinance Recommended Action: Approval Submitting DepartmentiAgenc • Fire Departme City Manage 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FUNDS FROM FEMA FOR THE CONTINUED 3 OPERATION OF THE VIRGINIA TASK FORCE 2 4 URBAN SEARCH AND RESCUE TEAM AND TO 5 APPROVE 3.25 GRANT -FUNDED FTES 6 7 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 8 VIRGINIA: 9 10 1. That $1,251,131 is hereby accepted from the U.S. Department of 11 Homeland Security, Federal Emergency Management Agency, and appropriated, with 12 federal revenues increased accordingly, to the FY 2014-15/2015-16 Cooperative 13 Agreement Grant for continued operation of the Virginia Task Force 2 Urban Search 14 and Rescue Team; and 15 16 2. That 3.25 positions, including two full-time positions (FEMA Program 17 Manager and Administrative Technician) and two part-time positions (Training Manager 18 and Logistics Manager totaling 1.25 FTE'S), are hereby approved in the FY 2014-15 19 Operating Budget of the Fire Department, and recommended for inclusion in the 20 subsequent fiscal year budget, provided, however, that these positions are conditioned 21 upon continued grant funding for the duration of the grant. 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: culf, Budget and Management $services CA13110 R-1 September 19, 2014 1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate and Transfer Funds to Provide Additional Funding for Capital Projects 8-501, Bayville Creek Neighborhood Dredging, and 8-500, Old Donation Creek Area Dredging MEETING DATE: October 7, 2014 • Background: To allow for the dredging of two neighborhoods to proceed, the following projects will require additional funding: CIP 8-501, Bayville Creek Neighborhood Dredging, and CIP 8-500, OId Donation Creek Area Dredging. On March 27, 2012, City Council adopted an ordinance to establish the Bayville Creek Dredging Special Service District (SSD) and create CIP 8-501. As part of this project, the City will pay for the dredging of the City spur channel, the special service district will pay for the neighborhood channel dredging, and property owners will pay for dredging of their individual access basins. The cost of the individual access basins for this project is estimated at $135,000, which is to be paid by property owners who choose to participate. Due to the complexity of dredged material transfer being accomplished within the district, federal and state mitigation requirements have resulted in a $170,000 cost increase for this project. The Old Donation Creek Area Dredging project (CIP 8-500) was bid on July 30, 2014 in combination with the Western Branch Lynnhaven River Maintenance Dredging project (CIP 8-005). The bid price for accomplishing the OId Donation Creek Area Dredging project was higher than the estimate. Accordingly, a $150,000 transfer is required to allow the award of the contract. • Considerations: A total of $320,000 is available in CIP 8-005, Western Branch Lynnhaven River Maintenance Dredging, which will provide the $170,000 needed for Bayville Creek Neighborhood Dredging (CIP 8-501) and $150,000 needed for Old Donation Creek Area Dredging (CIP 8-500). These transfers represent advances by the City to prevent project delays and the majority will be repaid through the collection of SSD levies. Meanwhile, the appropriation of $135,000 for Bayville Creek Neighborhood Dredging for the individual access basins will be fully paid by the area residents who choose to participate in this work. • Public Information: This item will be advertised as part of the normal City Council agenda process. • Alternatives: Without the advancement of City funds the projects activities would be delayed. • Recommendations: Approval of the appropriation and transfer ordinance. • Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: Public Works City Manager: S �� 1 AN ORDINANCE TO APPROPRIATE AND TRANSFER 2 FUNDS TO PROVIDE ADDITIONAL FUNDING FOR 3 CAPITAL PROJECTS 8-501, BAYVILLE CREEK 4 NEIGHBORHOOD DREDGING, AND 8-500, OLD 5 DONATION CREEK AREA DREDGING 6 7 WHEREAS, CIP 8-501, Bayville Creek Neighborhood Dredging requires an 8 appropriation of property owner contributions who choose to participate in individual 9 access basin dredging; and 10 11 WHEREAS, CIP 8-500, Old Donation Creek Area Dredging, and CIP 8-501, 12 Bayville Creek Neighborhood Dredging, require additional funding to pay mitigation 13 costs and to avoid project delays. 14 15 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 16 VIRGINIA BEACH, VIRGINIA, THAT: 17 18 1. $135,000 is hereby appropriated, with estimated revenues from property 19 owner contributions, to CIP 8-501, Bayville Creek Neighborhood Dredging, for dredging 20 of individual property basins; 21 22 2. $170,000 is hereby transferred from CIP 8-005, Western Branch 23 Lynnhaven River Maintenance Dredging, to CIP 8-501, Bayville Creek Neighborhood 24 Dredging, to pay for mitigation and other required activities of the project; and 25 26 3. $150,000 is hereby transferred from CIP 8-005, Western Branch 27 Lynnhaven River Maintenance Dredging, to CIP 8-500, Old Donation Creek Area 28 Dredging, to allow the award of a dredging contract without further delay. 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: Budget and Management Service City CA13118 R-1 September 24, 2014 ney s Office CITY OF VIRGINIA BEACH AGENDA ITEM i ITEM: An Ordinance to Accept and Appropriate Grant Funds for Law Enforcement Purposes MEETING DATE: October 7, 2014 • Background: The Edward Byrne Justice Assistance Grant (Byrne JAG) Local Solicitation is a grant from the Department of Justice (DOJ) that is used to assist with law enforcement and criminal justice programs. The Byrne JAG supports a broad range of activities to prevent and control crime based on local needs and conditions. The Criminal Justice Board, which is comprised of local representatives from Police, Sheriff, Courts, and Community Corrections, agreed upon the proposed use of this grant funding. • Considerations: The total award for this grant is $111,113. The Virginia Beach Criminal Justice Board recommends that the funds be used as follows: $24,680 to the Sheriff's Office to purchase 21 tablet computers with Wi-Fi to be used by students at the Sheriff's Basic Academy, and 20 software licenses for Dragon Naturally Speaking speech recognition software to assist with data entry into various computer applications in the Criminal Investigative Unit, Professional Standards Office and Command Staff; $26,190 to the Police Department to upgrade the existing 10 -year old security system for the Police Headquarters building; $29,732 to the Community Corrections and Pretrial Department to purchase Laserfiche scanning equipment, software and training to convert to an electronic file storage system and funding to hire a part-time temporary staff person to assist with drug testing and probation supervision; and $30,511 to the Department of Parks and Recreation for a summer at -risk youth employment program. This program will provide jobs in City departments and not-for- profit organizations, and will teach workplace readiness skills and financial education. • Public Information: Public information will be provided through the normal Council Agenda process. A notice of a public hearing regarding this grant was published in the Beacon on September 28, 2014. • Recommendations: Adopt the attached ordinance. • Attachment: Ordinance Recommended Action: Approval Submitting Department/Age cy: Police Department, L City Manage L 1 1 2 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT FUNDS FOR LAW ENFORCEMENT PURPOSES 3 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 4 VIRGINIA, THAT: 5 6 1. $111,113 from the U.S. Department of Justice, Edward Byrne Justice Assistance 7 Grant, is hereby accepted and appropriated, with estimated federal revenue increased 8 accordingly, to the following agencies and departments: 9 10 a. $24,680 to the Sheriff's Office to purchase 21 tablet computers with Wi-Fi 11 to be used by students at the Sheriff's Basic Academy, and 20 software licenses for 12 Dragon Naturally Speaking speech recognition software; 13 14 b. $26,190 to the Police Department to upgrade the existing 10 -year old 15 security system for the Police Headquarters building; 16 17 c. $29,732 to the Community Corrections and Pretrial Office to purchase 18 Laserfiche scanning equipment, software and training, and funding to hire a part-time 19 temporary staff person to assist with drug testing and probation supervision; 20 21 d. $30,511 to the Department of Parks and Recreation for a summer at -risk 22 youth employment program; and 23 24 2. Nothing herein shall be construed to require the City to replace any items 25 purchased with the above -referenced grant funds, and such replacement would be 26 contingent upon additional grant funds or other non -general fund financial support. 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: )(--RV *-2j (3 A ()L.I Budget and Management/Services CA13111 R-1 September 22, 2014 rI Al City Atto • - '• 'ice O ABpq'.. Ch% CITY OF VIRGINIA BEACH AGENDA ITEM 1 ITEM: An Ordinance to Accept and Appropriate Grant Funds and to Transfer Funds within the Operating Budget of Police for the Enforcement of DUI Laws MEETING DATE: October 7, 2014 • Background: The Virginia Department of Motor Vehicles ("DMV") has awarded DMV Highway Safety grants from the United States Department of Transportation, National Highway Traffic Safety Administration to the Virginia Beach Police Department for enforcement initiatives. The DUI Enforcement grant will be active from October 1, 2014, through September 30, 2015. Officers will use the funding for overtime needed for selective DUI enforcement. The grant will also fund the purchase of breath test devices and speed detection devices. • Considerations: The grant provides $64,232 in federal funds passed through DMV and requires a local grant match of $32,116, which will be transferred within the FY 2014-15 Operating Budget of the Police Department. • Public Information: Public information will be provided through the normal Council Agenda process. • Recommendation: Approve the attached budget amendment. • Attachment: Ordinance Recommended Action: Approval 737/-e-- Submitting Department/Agency: Police Department %%��r7 3 1-e — City Manager. l� �j 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS AND TO TRANSFER FUNDS WITHIN THE 3 OPERATING BUDGET OF POLICE FOR THE 4 ENFORCEMENT OF DUI LAWS 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 1) $64,232 is hereby accepted from the United States Department of 9 Transportation National Highway Traffic Safety Administration via the Virginia Department 10 of Motor Vehicles and appropriated, with estimated federal revenues increased 11 accordingly, to the FY 2014-15 Operating Budget of the Police Department for police 12 officer over -time and equipment related to the enforcement of DUI laws; and 13 14 2) $32,116 is hereby transferred within the FY 2014-15 Operating Budget of the 15 Police Department to provide the local grant match. Adopted by the Council of the City of Virginia Beach, Virginia on the day 2014. of Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services CA13117 R-1 September 24, 2014 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Grant Funds and to Transfer Funds within the Operating Budget of Police for the Enforcement of Seat Belt Laws MEETING DATE: October 7, 2014 ■ Background: The Virginia Department of Motor Vehicles has awarded a DMV Highway Safety grant to the Virginia Beach Police Department. The Seat Belt Enforcement grant will be active from October 1, 2014, through September 30, 2015. Officers will use the funding for overtime for selective traffic enforcement, the Click -It -or - Ticket campaign, and several traffic checkpoints. • Considerations: The grant provides $52,000 of federal funding passed through DMV and requires a $26,000 match, which will be funded through the Police Department's Operating Budget. • Public Information: Public information will be provided through the normal Council Agenda process. ■ Recommendation: Approve the attached budget amendment. • Attachment: Ordinance Recommended Action: Approval Submitting Department/Agenc : Police Department City Manager 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS AND TO TRANSFER FUNDS WITHIN THE 3 OPERATING BUDGET OF POLICE FOR THE 4 ENFORCEMENT OF SEAT BELT LAWS 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 1) $52,000 is hereby accepted from the United States Department of 9 Transportation, National Highway Traffic Safety Administration, via the Virginia Department 10 of Motor Vehicles and appropriated, with estimated federal revenues increased 11 accordingly, to the FY 2014-15 Operating Budget of the Police Department for selective 12 traffic enforcement, the Click -It -or -Ticket campaign, and several traffic checkpoints; and 13 14 2) $26,000 is hereby transferred within the FY 2014-15 Operating Budget of the 15 Police Department to provide the local grant match. 16 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: )u,/,,, c)--22\1,- Budget and Management Services CA13116 R-1 September 24, 2014 rib CITY OF VIRGINIA BEACH AGENDA ITEM 1 ITEM: An Ordinance to Accept and Appropriate Funds from the Virginia Department of Fire Programs MEETING DATE: October 7, 2014 Background: The Virginia Beach Fire Department (VBFD) operates a 3,200+ square foot burn building for training of local firefighters. The burn building at the Fire Training Center has been in-service since January 2002. During its twelve plus years of service, the building has served the Virginia Beach Fire Department very well. Each year, in compliance with NFPA 1403, an engineer inspects the building for deficiencies and provides a report. The report outlines the necessary repairs in order to maintain compliance. In addition, a structural evaluation is conducted at the request of the VBFD. Over the last 18 months, these two inspections have been completed and each evaluation identified concerns and noted required remedial repairs to be performed. • Considerations: This grant is awarded by the Virginia Department of Fire Programs. There is no local match required for this program. The City has until September 10, 2015 to make the repairs for this grant. • Public Information: Public information will be handled through the normal Council agenda process. • Recommendation: Adopt the attached ordinance. • Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: Fire Departme City Manager`, 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FUNDS FROM THE VIRGINIA DEPARTMENT OF 3 FIRE PROGRAMS 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 That $32,027 in funding from the Virginia Department of Fire Programs is hereby 9 accepted and appropriated, with estimated revenue increased accordingly, to the FY 10 2014-15 Operating Budget of the Fire Department for repairs to the Fire Training 11 Center. 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 Services CA13113 R-1 September 23, 2014 APPROVED AS TO LEGAL ITEM: An Ordinance to Appropriate Funds from the Oyster Heritage Trust Fund MEETING DATE: October 7, 2014 • Background: The City of Virginia Beach has established an Oyster Heritage Trust Fund for the purpose of collecting donations to be used for the restoration of oyster habitat and oysters in the Lynnhaven River watershed. In conjunction with the Trust Fund, the Department of Planning and Community Development has developed an Oyster Heritage Plan with the assistance of various agencies of the Commonwealth of Virginia, the U.S. Army Corps of Engineers, NOAA, Lynnhaven River NOW, and the Chesapeake Bay Foundation. A total of $603,102 has been expended to date from the Trust Fund to develop and implement the plan, which has resulted in the identification of multiple sites in the Lynnhaven River watershed for construction and seeding of oyster reefs. These efforts began in the summer of 2002 and over 60 acres of sanctuary oyster habitat have been constructed to date. The Lynnhaven River NOW community watershed organization has developed a model oyster shell recycling program in partnership with the City - the first of its kind in the Commonwealth - and has initiated efforts to undertake an annual survey of oyster populations on sanctuary reefs in the Lynnhaven River. The Lynnhaven Oyster Restoration Project was awarded a Presidential Coastal America Award in 2009 as an exemplary successful national habitat restoration project model and has been recognized as the second largest oyster restoration effort in the world. This item would appropriate funds from the Trust Fund to reimburse these restoration efforts for the period covering January — June 2014. • Considerations: City staff has been working to develop a cost-sharing arrangement with the Army Corps of Engineers, Lynnhaven River NOW, and the Virginia Marine Resources Commission as part of the Oyster Heritage Plan. The completion of previous oyster reef projects has established a sound model for continued future oyster reef restoration efforts in the Lynnhaven watershed and has helped reestablish a viable commercial oyster industry in the Lynnhaven. The ongoing Oyster Heritage Plan implementation strategy represents a significant effort by the City to continue to address restoration of the environmental quality of the Lynnhaven River watershed and shows local commitment to achieving Virginia and federal government objectives towards restoration of the Chesapeake Bay. This proposed oyster heritage project links directly to a major step forward on continuing this integrated strategy, which has been developed for environmental restoration of the Lynnhaven, by working to prioritize efforts at restoration within those areas of the watershed that exhibit the least severe water quality problems. As a result of recent research, the Lynnhaven watershed has been recognized as a prime spot for oyster restoration for the entire Chesapeake Bay because it is a trap estuary with high salinity, had historically high populations of native oysters, and has considerably higher oyster recruitment today than many other sites in the Chesapeake Bay. The current project consists of reimbursement for the continued oyster shell education and recycling program. The shell recycling project has proven to be quite successful in recovering oyster shell for construction and maintenance of oyster reef habitat. The total cost to the City for participation in this project is $20,376. • Public Information: Public information will be provided through the normal City Council Agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance; Lynnhaven River NOW Oyster Shell Reclamation Project Report for January — June 2014 Recommended Action: Approval Submitting Department/Agency:/ I Dea"rtment of Planning and Community Development City Manager: July 11, 2014 Clay Bernick, Director Environment and Sustainability Office 2405 Courthouse Drive, Room 115 Virginia Beach, VA 23456 Mr. Clay Bernick, LYNNHAVEN River NOW I am writing to request reimbursement in the amount of $20,375.35 for the first six months of 2014, January 1 through June 30, for the Save Oyster Shell recycling program. Each year, this program grows. We have worked to build awareness among the restaurant community as well as the general public. During the first six months of 2013, we have collected shells from 26 restaurants in Virginia Beach. Please see the attached list of program participants. We have also collected from our four public drop-off locations and from private oyster roast events. In addition, during the past six months, we have developed a new window sticker for the participating restaurants and stickers for their menus. These have been well received by the restaurants and help to give them the recognition that they deserve for committing to make this program work. We have also published the list of restaurants on our website and in our electronic newsletter as well as our quarterly print newsletter. Recent work to coordinate the pickup of shells from the Wanchese Packing Plant has provided us with tons of shells that we will be able to use both for restoration projects in the Lynnhaven as well as for match for Federal oyster restoration funds. The use of this shell as match triples or quadruples its value to the City. In the attachments, please find a list of the current participating restaurants and a breakdown of expenses for January 1, 2014 through June 30, 2014, Please contact me if you need further information. c;nr.oroI , cutz Karen W. Forget Executive Director 6o8 Pleasure House Road, Suite 108, Virginia Beach, VA 23455 www.LRNow.org 757-962-5398 Save Oyster Shell Program January 1, 2014 — June 30, 2014 Expenses: Driver and Mileage Reimbursement Expense 7,967.36 Administration of Program and Coordination with Restaurants and Events 10,450.00 Equipment and Supplies 1,957.99 TOTAL 20,375.35 List of Participating Restaurants as of June 30, 2014: 21st Street Seafood Company Abbey Road Blue Seafood and Spirits Bubba's Captain George's Chick's Oyster Bar Coastal Grill C.P. Shucker's at the Oceanfront C.P. Shucker's on the Bayside Croakers Neighborhood Grill Croc's 19th Street Bistro Dockside Five 01 City Grill Harpoon Larry's Lucky Oyster Metropolitan Oyster Exchange McCormick & Schmicks's Rockafeller's Salt Sheraton Oceanfront Steinhilber's Surfrider at Marina Shores Surfrider at Cypress Point Swan Terrace at Founder's Inn Tautog's Yukai Seafood Buffet Public Dropoff Locations: Bayside: Lynnhaven River NOW office Oceanfront: Virginia Aquarium, East Parking Lot Hilltop: Whole Foods Southern Virginia Beach: City Resource Recovery Center on Jake Sears Road Bushels Collected: January 182 February 173 March 203 April 241 May 309 June 534 TOTAL 1,642 9uLtiII, 2011 1 AN ORDINANCE TO APPROPRIATE FUNDS FROM THE 2 OYSTER HERITAGE TRUST FUND 3 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA: 6 7 That $20,376 is hereby appropriated, with estimated revenue increased 8 accordingly, from the fund balance of the Oyster Heritage Trust Fund to the FY 2014-15 9 Operating Budget of the Department of Planning and Community Development to 10 increase oyster habitat in the Lynnhaven River watershed and continue the Oyster Shell 11 Recycling Program. 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 Services CA13112 R-1 September 23, 2014 APPROVED AS TO LEGAL SUFFICIENCY: CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate "Donation Meter" Funds MEETING DATE: October 7, 2014 J • Background: The "Donation Meter" Program was established by Council in FY 2010-11 at the request of the Resort Advisory Commission and its Oceanfront Enhancement Committee. The program was developed as a way to reduce panhandling as well as to provide a way for people wishing to contribute funds to know that their funds would be used effectively. Seven red parking meters were placed along the boardwalk for people to deposit coins. Funds are collected by Parking Management staff and deposited in a separate account controlled by the Department of Housing for use to address homelessness at the Resort Area. In addition, several sponsors donated $1,000 each toward the placement of the meters. To date, $4,439 has been collected from the meters and an additional $10,000 in sponsorship donations has been received, for a total of $14,439. Funds have been used to provide port -a -potties at specified city locations to address issues identified by city staff and to assist in providing permanent housing move -in expenses to previously homeless persons. The current balance is $10,528. In accordance with normal City processes, the balance at the end of FY 13-14 went into a fund balance account, and Council action is required to appropriate the funding to an operating account. • Considerations: The Department of Housing will utilize the funds in accordance with the established purposes of the program. Staff solicited proposals for the use of the available funds at the BEACH Community Partnership meetings in August and September. The Department will allocate the funds in accordance with the recommendations of the BEACH Governing Board, once that Board has acted and Council has appropriated the funds. • Public Information: This item will be advertised as part of the normal Council agenda process. Additionally, this matter issue was discussed at two BEACH Partnership general meetings and published in the BEACH partnership minutes of the August meeting. • Recommendation: Approval of the attached ordinance • Attachment: Ordinance Recommended Action: Approval Submitting DepartmentlAgency: Preservation City Manager.%1 ment of Housing and Neighborhood 1 AN ORDINANCE TO APPROPRIATE "DONATION 2 METER" FUNDS 3 4 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA, THAT: 6 7 $10,528 from the fund balance of Parking Meters — Homeless Donation Fund 8 (910) is hereby appropriated, with donation revenue increased accordingly, to the FY 9 2014-15 Operating Budget of the Department of Housing and Neighborhood 10 Preservation to be used in accordance with the established purposes of the program. 11 with donation revenue increased accordingly. 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 Services CA13114 R-1 September 23, 2014 APPROVED AS TO LEGAL SUFFICIENCY: J. PLANNING 1. Application of CSA VIRGINIA BEACH, LLC for a Modification of Conditional Use Permit (Granted June 25, 2013) to modify Condition 1 re operating hours at 5070 Virginia Beach Boulevard DISTRICT 4 — BAYSIDE RECOMMENDATION APPROVAL 2. Application of VIRGINIA ELECTRIC & POWER COMPANY dba DOMINION VIRGINIA POWER for a Conditional Use Permit re expansion of an electric transformer station (Burton Station) at 5800 Sandpit Rd DISTRICT 4 — BAYSIDE RECOMMENDATION APPROVAL 3. Applications of ICE MASTERS dba RINK SPECIALISTS /CITY OF VIRGINIA BEACH DISTRICT 6 - BEACH a. Alternative Compliance to the Oceanfront Resort District Form -Based Code to provide an entertainment venue that does not conform to the building type properties for a commercial building b. Conditional Use Permit (Outdoor Recreation Facility — Ice Skating Rink) at 204 and 206 3rd Street, 206 and 208 Atlantic Avenue and a portion of 108 Atlantic Avenue RECOMMENDATION APPROVAL 4. Application of MISSION ENTERPRISES, LLC for a Conditional Use Permit (eating and drinking establishment) at 501 Virginia Beach Boulevard DISTRICT 6 — BEACH RECOMMENDATION APPROVAL 5. Application of SPENCE CROSSING RESIDENTIAL, INC. for a Change of Zoning from Conditional PD -H2 (A-12) Apartment to P-1 Preservation to preserve open space at Salem Road and Lynnhaven Parkway DISTRICT 1 — CENTERVILLE RECOMMENDATION APPROVAL 6. Application of KEMPDEL, INC. for a Conditional Change of Zoning from Conditional B-1 Business to Conditional PD -H2 [A-12] re development of condominiums at 2020 Round Hill Road and 2725 South Independence Boulevard DISTRICT 1 — CENTERVILLE. RECOMMENDATION APPROVAL 7. Ordinances to AMEND the City Zoning Ordinance (CZO) a. Section 111, Defining "Craft Brewery," and Sections 901 and 1001 establishing craft breweries as a "Conditional Use" in the B-2 Community Business District and I-1 Light Industrial District and ADD a new Section 230 re requirements and standards for craft breweries RECOMMENDATION APPROVAL b. Section 211 of the City Zoning Ordinance (CZO) re signage on construction fences RECOMMENDATION APPROVAL NOTICE OF PUBLIC HEARING The regular meeting of the City Council of the City of Virginia Beach will be held in the Council Chamber of the City Hall Building, Municipal Center, Virginia Beach, Virginia, on Tuesday, October 7, 2014, 2014 at 6:00 P.M., at which time the following applications will be heard: BAYSIDE — DISTRICT 4 Virginia Electric & Power Company dba Dominion Virginia Power Application: Conditional Use Permit (public utility transformer station — expansion) at 5800 Sandpit Rd (GPIN 1459914459; 14599916423). CSA Virginia Beach, LLC Application: Modification of Conditional Use Permit (Granted June 25, 2013) to modify Condition 1 pertaining to operating hours at 5070 Virginia Beach Boulevard (GPIN 1467960131). CENTERVILLE — DISTRICT 1 Spence Crossing Residential, Inc. Application: Change of Zoning from Conditional PD -H2 (A-12) Apartment to P-1 Preservation to preserve open space as required in the PD -H2 District at the southeast corner of Salem Rd and Lynnhaven Pkwy (part of GPIN 1485055576). Kempdel, Inc. Application: Conditional Change of Zoning from Conditional B-1 Business to Conditional PD -H2 [A-12] at 2020 Round Hill Road and 2725 South Independence Blvd (GPIN 1475418475; 1475417786) for development of 22 units of detached single-family condominiums. Comprehensive Plan — Suburban Area. BEACH - DISTRICT 6 Ice Masters dba Rink Specialists/City Of Virginia Beach Application: Alternative Compliance to the Oceanfront Resort District Form -Based Code to provide an entertainment venue that does not conform to the Building Type Properties for a commercial building Application: Conditional Use Permit (outdoor recreation facility — ice skating rink) at 204 and 206 3rd Street; 206 and 208 Atlantic Avenue; and a portion of 108 Atlantic Avenue (GPINs2427229184; 2427320193; 2427320138; 2427320057; 2427320006; 2427229150; and a portion of 2427310964). Mission Enterprises, LLC Application: Conditional Use Permit (eating and drinking establishment within 100 feet of a protected district) at 501 Virginia Beach Boulevard (GPIN 2427063654). CITY OF VIRGINIA BEACH Amend Section 211 of the City Zoning Ordinance pertaining to signage on construction fences Amend Section 111, defining "Craft Brewery," and Sections 901 and 1001 of the City Zoning Ordinance, establishing craft breweries as a conditional use in the 8-2 Community Business District and I-1 Light Industrial District, respectively, and add a new Section 230 of the City Zoning Ordinance establishing requirements and standards for craft breweries. All interested citizens are invited to attend. Ruth Hodges Fraser, MMC City Clerk Copies of the proposed ordinances, resolutions and amendments are on file and may be examined in the Department of Planning or online at niL ,A _ _ L; For information call 385-4621. If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303. Beacon September 21 & 28, 2014 24341722 u ❑ c LJ �i• • '•1 0 on•I ton onrn. wn ondrtrons 'ro ers, •pen pace 'romotio ITEM: CSA VIRGINIA BEACH, LLC (Applicant/Owner), Modification of Conditional Use Permit (Granted 6/25/13). Property is located at 5070 Virginia Beach Boulevard (GPIN 1467960131). COUNCIL DISTRICT — BAYSIDE. MEETING DATE: October 7, 2014 ■ Background: In 2013, the City Council approved a Conditional Use Permit to allow the existing building to be used for an indoor shooting range, which the Zoning Ordinance classifies as an Indoor Recreation Facility. As was indicated in the 2013 application, in addition to use of the facility by the public, there would be use of the facility for military, law enforcement, and security officer training. Demand is now at the level at which the applicant is requesting a modification of Condition 1 of the Use Permit, which limits the hours of operation. • Considerations: The applicant's specific request is to permit the facility to operate from the hours of 6:00 a.m. to 8:00 a.m. solely for contract training needs of the United States military, law enforcement, and private security companies. To meet public demand, the applicant is also requesting extension of the evening hours from 10:00 p.m. to a new closing time of 12:00 a.m. (midnight). As sound was a major consideration for staff during its evaluation of the 2013 Use Permit request, staff visited the site on two occasions during military training to gain an understanding of the sound level generated by the use. Based on staff's experiences and observations during those visits, staff concludes that the noise attenuation measures that have been installed within the building perform remarkably well. The installation of sound dampening backstops and insulation for the range lanes result in a very faint 'tap' sound when standing outside the structure during weapon fire. The sound generated from the traffic on Virginia Beach Boulevard and Witchduck Road exceeded the 'tap' sound generated by ammunition striking the backstop. Further details pertaining to this proposal, as well as Staff's evaluation of the request, are provided in the attached staff report. There was no opposition to the request. CSA VIRGINIA BEACH Page 2of2 • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0-1, to recommend approval of this request to the City Council with the following conditions: 1. The hours of operation of the indoor recreation facility (shooting range) shall be limited to 6:00 a.m. to 8:00 a.m. for contract use and from 8:00 a.m. to 12:00 a.m. (midnight) for public use. 2. The noise attenuation measures, as depicted on the exhibit entitled, "Colonial Shooting Academy, Proposed Building Section and Wall Section," shall be installed and maintained as indicated on said exhibit. 3. Renovations to the existing building and landscape materials shall adhere to the submitted plans entitled "Colonial Shooting Academy," prepared by LDA Architects. Said elevations and plans have been exhibited to the Virginia Beach City Council and are on file in the Virginia Beach Planning Department. 4. The applicant's `Range Rules' shall be posted inside the indoor recreation facility and shall be adhered to at all times. 5. No alcoholic beverages shall be served or permitted on site. 6. All locking devices on all exterior doors shall be high-quality security locking systems approved by the Crime Prevention Through Environmental Design (CPTED) Office. 7. All storage containers shall be removed from the site prior to the issuance of a Certificate of Occupancy from the Building Official's Office. 8. On an annual basis, commencing with the date of City Council's granting of this Use Permit, the Zoning Administrator shall investigate any complaints received from the adjacent residential area that may be due to the operation of the facility, and shall, if deemed necessary as a result of the investigation, work with the applicant/facility operator to make whatever structural or operational modifications as necessary to address the issues. • Attachments: Staff Report 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 g l k Manager: CSA Virginia Beach, L.L.C. 875 _� 87:15- s2 87.5; ee4c B2 • Zoning MN C.wdltlon...Whim Now iq.. Ptomain* Modification of Conditions 2 September 10, 2014 Public Hearing APPLICANT & PROPERTY OWNER CSA VIRGINIA BEACH, L.L.C. STAFF PLANNER: Carolyn A. K. Smith REQUEST: Modification of Conditions of a Conditional Use Permit approved by the City Council on June 25, 2013. The requested modification pertains to the hours of operation. ADDRESS / DESCRIPTION: 5070 Virginia Beach Boulevard GPIN: ELECTION DISTRICT: SITE SIZE: 14679601310000 BAYSIDE 5.15 acres AICUZ: Less than 65 dB DNL • • BACKGROUND / DETAILS OF PROPOSAL Background In 2013, the City Council approved a Conditional Use Permit to allow the existing building to be used for an indoor shooting range, which the Zoning Ordinance classifies as an Indoor Recreation Facility. The facility includes the sale of firearms; however, that retail use is permitted without a Conditional Use Permit. The operation of a shooting range within the city, whether indoor or outdoor, does require a Use Permit. The applicant also currently operates the largest indoor shooting range in the United States, located in Henrico County, Virginia. The Virginia Beach facility is modeled after that operation. The interior of the existing 51,000 square foot building was renovated to accommodate retail space for the sale of firearms and accessories, 52 shooting lanes, educational/training facilities (classrooms and gunsmithing), and a cafe area serving prepared foods. Details As was indicated in the 2013 application, the facility desires to be a training facility for military, law enforcement, and security officer training. To accommodate the increased demand for use of the facility, the applicant wishes to extend the hours of operation. Specifically, from the hours of 6:00 a.m. to 8:00 a.m., the building will be used solely for contract training needs of the United States military, law enforcement, and private security companies. In addition, the applicant would like to extend the evening CSA VIRGINIA BEACH, L.L.C. Agenda Item 2 Page 1 hours from the currently conditioned closing time of 10:00 p.m. to a new closing time of 12:00 a.m. (midnight). 4 LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Shooting range and shooting academy SURROUNDING LAND USE AND ZONING: North: South: East: West: NATURAL RESOURCE AND CULTURAL FEATURES: • Office & automobile service station / B-2 Community Business District • Virginia Beach Boulevard • Automobile sales / B-2 Community Business District • Single -Family Residence / R-7.5 Residential District • Witchduck Road • Retail / B-2 Community Business District The site is within the Chesapeake Bay watershed. As the site is almost entirely impervious, there are no significant environmental or cultural features on the site. COMPREHENSIVE PLAN: The Comprehensive Plan designates this site as being within the Pembroke Strategic Growth Area (SGA), Western Campus District, which recommends redevelopment of properties for a mid- to low-rise academic village and service district. This project does, however, fall short of meeting the future goals of the Pembroke Strategic Growth Area. While the existing operation does bring activity to a site and structure that were vacant for several years, at this point, the proposal is appropriate at this location, and over the long term, as the office market expands, this site could be redeveloped to a more urban form and use. 4 IMPACT ON CITY SERVICES No additional impact on City services are anticipated as a result of this request. 4 EVALUATION AND RECOMMENDATION As sound was a major consideration for Staff during its evaluation of the original request, the request for an expansion of business hours prompted Staff to visit the site on two occasions to gain an understanding of the noise, if any, that is generated by the use. Based on Staffs experiences and observations during those visits, Staff concludes that the noise attenuation measures that have been installed within the building perform remarkably well. The installation of sound dampening backstops and insulation for the range lanes result in a very faint sound when standing outside the structure. The noise level from the vehicular traffic travelling along Virginia Beach Boulevard and Witchduck Road was far CSA VIRGINIA BEACH, L.L.C. Agenda Item 2 Page 2 more noisy and unpleasant. As reported in 2013 to the Planning Commission, the applicant provided information concerning noise levels at their existing facility in Richmond, Virginia. The ambient noise at the Richmond operation was recorded as measuring 65 dB, and the firing tests recorded sound levels between 51 dB to 75 dB. The ambient noise at the intersection of Virginia Beach Boulevard and Witchduck Road was measured between 55 dB and 80 dB, dependent on distance from the intersection. Based on the additional noise attenuation measures installed by the applicant within the existing building, the noise levels outside the building, as predicted, are consistent with the level of noise that existed prior to the facility operating on this site. Even so, Staff recommends retention of the condition for an annual review of the operation by the Zoning Administrator to consider and address any complaints received. Staff finds that the applicant's proposal to provide morning operating hours from 6:00 a.m. to 8:00 a.m. for 'contract use' as well as to extend the public use hours from 8:00 a.m. to 12:00 a.m. (midnight) for the indoor recreational facility, is compatible with surrounding uses, provided that adequate noise attenuation is installed and maintained. CONDITIONS 1. The hours of operation of the indoor recreation facility (shooting range) shall be limited to 6:00 a.m. to 8:00 a.m. for contract use and from 8:00 a.m. to 12:00 a.m. (midnight) for public use. 2. The noise attenuation measures, as depicted on the exhibit entitled, "Colonial Shooting Academy, Proposed Building Section and Wall Section," shall be installed and maintained as indicated on said exhibit. 3. Renovations to the existing building and landscape materials shall adhere to the submitted plans entitled "Colonial Shooting Academy," prepared by LDA Architects. Said elevations and plans have been exhibited to the Virginia Beach City Council and are on file in the Virginia Beach Planning Department. 4. The applicant's 'Range Rules' shall be posted inside the indoor recreation facility and shall be adhered to at all times. 5. No alcoholic beverages shall be served or permitted on site. 6. All locking devices on all exterior doors shall be high-quality security locking systems approved by the Crime Prevention Through Environmental Design (CPTED) Office. 7. All storage containers shall be removed from the site prior to the issuance of a Certificate of Occupancy from the Building Official's Office. 8. On an annual basis, commencing with the date of City Council's granting of this Use Permit, the Zoning Administrator shall investigate any complaints received from the adjacent residential area CSA VIRGINIA BEACH, L.L.C. Agenda Item 2 Page 3 that may be due to the operation of the facility, and shall, if deemed necessary as a result of the investigation, work with the applicant/facility operator to make whatever structural or operational modifications as necessary to address the issues. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. CSA VIRGINIA BEACH, L.L.C. Agenda Item 2 Page 4 AERIAL OF SITE LOCATION CSA VIRGINIA BEACH, L.L.C. Agenda Item 2 Page 5 COLONIAL BHOOTINO ACADBAT amm .. *0 ,. ., K.o•..a.. P*OPOSCD SR PLAN EXISTING SITE LAYOUT CSA VIRGINIA BEACH, L.L.C. Agenda Item 2 Page 6 BAYSI DE Map D-6 Ma ftoSca/e El •Zoning with Condldons Proffers, Open Space Promotion Modification of Conditions # DATE REQUEST ACTION 1 06/25/2013 Conditional Use Permit (Indoor Commercial Recreation Facility) Granted 02/23/2010 Conditional Use Permit (Automotive Sales) Granted 08/12/2008 Conditional Use Permit (Automotive Sales) Granted 06/27/1988 Street Closure Granted 06/13/1988 Reconsideration of Conditions Withdrawn 10/20/1986 Conditional Use Permit (Automotive Sales and Service) Granted 2 07/13/1993 Conditional Use Permit (Automotive Sales and Service) Granted 3 12/14/1993 Conditional Use Permit (Automotive Service) Granted 4 02/22/1994 Rezoning (A-12 Apartment to B-2 Community Business) Granted 5 02/01/2000 Conditional Use Permit (Line -of -Sight Relay Device) Granted 6 05/23/2006 Street Closure Granted 05/12/2004 Street Closure Granted 06/12/2001 Street Closure Granted 03/14/2000 Conditional Use Permit (Automotive Sales) Granted 09/28/1999 Conditional Use Permit (Automotive Service) Granted 7 12/02/2008 Conditional Use Permit (Automotive Sales and Service) Granted 8 06/09/1992 Conditional Use Permit (Automotive Sales) Granted 9 05/28/2013 Conditional Use Permit (Automotive Sales and Service; and Bulk Granted Storage Yard) CSA VIRGINIA BEACH, L.L.C. Agenda Item 2 Page 7 CSA VIRGINIA BEACH, L.L.C. Agenda Item 2 Page 8 06/14/1994 Conditional Use Permit (Motor Vehicle Sales) Granted 10 03/14/1995 Conditional Use Permit (Automotive Sales and Service Granted 11 03/11/2003 Rezoning (A-12 Apartment to B-2 Community Business) Granted CSA VIRGINIA BEACH, L.L.C. Agenda Item 2 Page 8 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) C.Sn•-vA6/L[L L., 4a ot2Mo,,,,f !Y5 A- v tab u ,; - V 6- Rv A, LLC_ 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) \51 ARMp •J K I v O eS— ivi g rJ i .S C..U�...i , rat S i1c.x) + i (UC- AC.A.CV in L1 - Edd A F.] 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 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. ' & 2 See next page for footnotes Does an official or em • loyee of tCity of Virginia subject land? Yes FA No If yes, what is the name of the official or employee J6.t'F - Wve-siva Beach have an interest in the and the nature of their interest? Modification of Conditions Application Page 8 of 9 Revised 11/1/2013 DISCLOSURE STATEMENT CSA VIRGINIA BEACH, 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) IA h -i Cr -x.3 .!.1 TP. r t9 i 1 "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Govemment Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (I) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 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, 1 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. Appli Prope r167/165 /el Print Name igna.1 re (if different than applicant) Print Name Modification of Conditions Application Page 9 of 9 Revised 11/1/2013 • 1 4 1 DISCLOSURE STATEMENT CSA VIRGINIA BEACH, L.L.C. Agenda Item 2 Page 10 Here is a list of all company members. This will cover all members of each company. Jeffrey L Hodgson Page 5. Johnson, II Mark F. Garcea Brooks Johnson John M. Sarvella William A. Gillum Stephen R. Davis Glenn C. Gibson Robert D. Melancon (Hoy Properties) Court Spotts Edward T. Lacy DISCLOSURE STATEMENT CSA VIRGINIA BEACH, L.L.C. Agenda Item 2 Page 11 Item #2 CSA Virginia Beach, L.L.C. 5070 Virginia Beach Boulevard District 4 Bayside September 10, 2014 CONSENT An application of CSA Virginia Beach, L.L.C. for a Modification of Conditions of a Conditional Use Permit approved by the City Council on June 25, 2013 on property located at 5070 Virginia Beach Boulevard. The requested modification pertains to the hours of operation, District 4, Bayside. GPIN: 14679601310000. CONDITIONS 1. The hours of operation of the indoor recreation facility (shooting range) shall be limited to 6:00 a.m. to 8:00 a.m. for contract use and from 8:00 a.m. to 12:00 a.m. (midnight) for public use. 2. The noise attenuation measures, as depicted on the exhibit entitled, "Colonial Shooting Academy, Proposed Building Section and Wall Section," shall be installed and maintained as indicated on said exhibit. 3. Renovations to the existing building and landscape materials shall adhere to the submitted plans entitled "Colonial Shooting Academy," prepared by LDA Architects. Said elevations and plans have been exhibited to the Virginia Beach City Council and are on file in the Virginia Beach Planning Department. 4. The applicant's 'Range Rules' shall be posted inside the indoor recreation facility and shall be adhered to at all times. 5. No alcoholic beverages shall be served or permitted on site. 6. All locking devices on all exterior doors shall be high-quality security locking systems approved by the Crime Prevention Through Environmental Design (CPTED) Office. 7. All storage containers shall be removed from the site prior to the issuance of a Certificate of Occupancy from the Building Official's Office. 8. On an annual basis, commencing with the date of City Council's granting of this Use Permit, the Zoning Administrator shall investigate any complaints received from the adjacent residential area that may be due to the operation of the facility, and shall, if deemed Item #2 CSA Virginia Beach, L.L.C. Page 2 necessary as a result of the investigation, work with the applicant/facility operator to make whatever structural or operational modifications as necessary to address the issues. A motion was made by and seconded to approve item 2. AYE 10 NAY 0 ABS 1 ABSENT 0 BROCKWELL AYE HODGSON ABS HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE WEINER AYE By a vote of 10-0, with the abstention so noted, the Commission approved item 2. G. Mark Buttles appeared before the Commission on behalf of the applicant. --4 CUP - Public Utility Transformer Station / Line •Zoning with Conditions/Proffers, Open Space Promotion c4ti``�vrr�, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: VIRGINIA ELECTRIC & POWER COMPANY D/B/A DOMINION VIRGINIA POWER (Applicant/Owner) Conditional Use Permit (Public Utility Transformer Station — Expansion), 5800 Sandpit Rd (GPIN 1459914459; 14599916423). COUNCIL DISTRICT — BAYSIDE. MEETING DATE: October 7, 2014 • Background: The applicant is requesting a Conditional Use Permit for the expansion of an existing electric transformer substation (Burton Substation). The Burton Substation has existed in its current location since the 1980s. • Considerations: The Burton Substation site consists of two parcels totaling 2.99 acres. No additional land will need to be acquired. The proposed expansion will increase the area occupied by equipment from 0.64 acres to 1.9 acres. The site is located in a predominately industrial area of the city. There are Industrially -zoned properties adjacent to the north, west, and a majority of the southern property lines. A manufactured housing community is located adjacent to the eastern and a portion of the southern property lines. A 25 -foot wide buffer with Category II landscaping will be added where the site is adjacent to the housing community. The proposed substation expansion is one part of the applicant's "Oakwood to Burton" regional transmission line upgrade that will increase electric reliability in the region. The proposed expansion will accommodate the growing demand for electricity due to the growth of the Joint Expeditionary Base and the future development of the Burton Station Strategic Growth Area. Further details pertaining to this proposal, as well as Staff's evaluation of the request, are 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 11-0, to recommend approval of this request to the City Council with the following conditions: DOMINION VIRGINIA POWER Page2of2 1. With the exception of any modifications required by any of these conditions or during the formal site plan review process, the site shall be developed and maintained substantially in conformance with the submitted site plan entitled "OVERALL SITE PLAN, BURTON STATION EXAPNSION, VIRGINIA BEACH, VIRGINIA," dated August 13, 2014. 2. Per the provisions of Section 221(i) of the City Zoning Ordinance, upon a finding by the City Council that the need to meet the design standards for electric transformer substations are vital to the safety and welfare of the citizens as well as a finding that there will be no significant detrimental effects on surrounding properties as a result of the following deviation from the requirements of the Zoning Ordinance, the 25 -foot wide landscape buffer shall be installed and maintained as shown on the submitted site plan as "ANTICIPATED LANDSCAPE/SCREENING AREA." The landscaping buffer shall consist of evergreen plants, branching to the ground, with a minimum height at installation of five (5) to six (6) feet and reaching a height of twenty (20) feet at maturity, as specified in the City's Landscaping Guide. • Attachments: Staff Report 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' Virginia Electric & Power Company d/b/a Dominion Vir i inia Power CUP • Public Utility Transformer Station / Line REQUEST: Conditional Use Permit (Public Utility Transformer Station / Line) ADDRESS / DESCRIPTION: 5800 Sandpit Road GPINS: 14599144590000 14599164230000 1 September 10, 2014 Public Hearing APPLICANT & PROPERTY OWNER: VIRGINIA ELECTRIC & POWER COMPANY (VEPCO) D/B/A/ DOMINION VIRGINIA POWER STAFF PLANNER: Kevin Kemp ELECTION DISTRICT: SITE SIZE: BAYSIDE 2.99 acres AICUZ: Less than 65 dB DNL BACKGROUND / DETAILS OF PROPOSAL Background The applicant is requesting a Conditional Use Permit for the expansion of an existing electric transformer substation (Burton Substation). The Burton Substation has existed in its current location since the 1980s. The expansion is necessary to accommodate new equipment that is required as part of Dominion Power's Oakwood (Norfolk) to Burton regional transmission line upgrade (see page 7). The proposed dimensions of the expansion are required to meet Federal Energy Regulatory Commission (FERC) clearance requirements for the new equipment. Details The Burton Substation site consists of two parcels totaling 2.99 acres. No additional land will need to be acquired. The proposed expansion will increase the area occupied by equipment from 0.64 acres to 1.9 VEPCO D/B/A/ DOMINION VIRGINIA POWER Agenda Item 1 Page 1 acres. The site is located in a predominately industrial area of the City. There are Industrially - zoned properties adjacent to the north, west, and a majority of the southern property lines. A manufactured housing community is located adjacent to the eastern and a portion of the southern property lines. A 25 -foot wide buffer with Category 11 landscaping will be added TN, RO.HmENT AREA i REARM 11R TI Iv FwF }c where the site is adjacent to the housing RUTTER community. There is an approximately 115 -foot section along the southern property line where the proposed fencing will encroach into this buffer (shown in red in graphic to the right); however, ample room to plant a sufficient buffer will remain. NEW SUBSTATION EXPANSION own....E/UH RRrtON..R.RR,OTTE,NA RION PROPOSED PERIMETER FENCE 1S.NEER WITH CATEGORY 11 E NDSC PE SCREENING The existing lighting at the facility will be replaced with LED lighting, which will be directed downward into the substation boundaries, and thus reduce light pollution and support "Dark Sky" initiatives. Access to the site will remain from Baker Road, along a private gravel driveway that is located adjacent to the northern lot line of the parcel to the northeast. The driveway is located within a 30 -foot wide access easement, recorded with the Clerk of the Circuit Court in 1968. Substation facilities, like the Burton Substation, contain both lower profile equipment such as busbars, transformers, and switches that do not exceed 25 feet in height, as well as high-profile equipment such as backbones. The existing backbone on the site is 70 feet in height. The proposed expansion will add a second backbone that will also be 70 feet in height. The height of the proposed backbone was determined by the required clearances stated in the National Electric Safety Code (NESC) and the Institute of Electric and Electronic Engineers (IEEE) Standard 1427. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Transformer substation SURROUNDING LAND North: USE AND ZONING: South: East: West: NATURAL RESOURCE AND CULTURAL FEATURES: • Norfolk Southern Railway • Office -warehouses / 1-1 Light Industrial District • Undeveloped land /1-1 Light Industrial District • Manufactured housing community / A-12 Apartment District • Undeveloped wooded area / 1-1 Light Industrial District The site contains an existing transformer substation, a large undeveloped grassy area and a large undeveloped artificial area constructed from wood plank panels. The site is located in the Chesapeake Bay Watershed. There do not appear to be any cultural features associated with the site. COMPREHENSIVE PLAN: This property is located in the Burton Station Strategic Growth Area as identified by the 2009 Comprehensive Plan and the Northampton Boulevard Corridor SGA Implementation Plan (also known as the Burton Station SGA Plan), adopted on January 27, 2009. VEPCO D/B/A/ DOMINION VIRGINIA POWER Agenda Item 1 Page 2 The Burton Station SGA Plan identifies this site as being within the Northampton -Diamond Springs portion of the Burton Station SGA. The plan calls for mixed-use development at this location extending south on the west side of Baker Road to include redevelopment of the existing mobile home park. New connections for vehicles and pedestrians are encouraged to link the primary locations in the Burton Station SGA and tie in to the commercial corridors (p. 26). The plan shows a new road extending to Baker Road where the Norfolk -Southern rail line currently runs north of the subject property. 4 4 IMPACT ON CITY SERVICES City services are not affected by this request. EVALUATION AND RECOMMENDATION City Zoning Ordinance - Section 220 — Purpose of Conditional Use Permits It shall be the duty of the City Council under the provisions of this article to evaluate the impact and the compatibility of each [conditional] use, and to stipulate such conditions and restrictions including those specifically contained herein as will assure the use being compatible with the neighborhood in which it is located, both in terms of existing land uses and conditions and in terms of development proposed or permitted by right in the area; or where that cannot be accomplished, to deny the use as not being in accordance with the adopted Comprehensive Plan or as being incompatible with the surrounding neighborhood. Staff recommends approval of this request to expand the existing (Burton) electric transformer substation. The proposed substation expansion is one part of the applicant's "Oakwood to Burton" regional transmission line upgrade that will increase electric reliability in the region. The proposed expansion will accommodate the growing demand for electricity as the surrounding area continues to develop with mixed-use development and the vision of the Burton Station SGA is realized. The existing substation is located in a predominately industrial area of the City, and the proposed expansion will be low -impact development in terms of visual, noise and traffic impacts to the surrounding area. The most visible element of the proposed expansion is the 70 -foot tall backbone, which is shorter than the existing transmission structures. A concern staff identified in the review process is the need to minimize the impact of the proposed development on the manufactured housing community to the east and south of the subject site. Section 1003 of the Zoning Ordinance requires a 25 -foot wide buffer with Category II landscaping where an Industrially -zoned site abuts a Residential District. No uses or structures are permitted in this buffer area. For the subject site, the footprint of the proposed expansion provides ample space to accommodate this buffer along the eastern property line; however, the perimeter fence encroaches into the buffer along a portion of the southern property line. The applicant is requesting that the encroachment be addressed through the provision of Section 221(i) of the Zoning Ordinance, which states that City Council may allow a deviation from this requirement "for good cause shown upon a finding that there will be no significant VEPCO D/B/A/ DOMINION VIRGINIA POWER Agenda Item 1 Page 3 detrimental effects on surrounding properties." Reasonable deviations from the following requirements applicable to the proposed development are allowed: (1) Required setbacks; (2) Required landscaping; (3) Height restrictions, expect as provided in Section 202(b); and (4) Minimum lot area requirements. Staff concludes that a deviation allowing the perimeter fence to be located within the 25 -foot wide buffer still allows substantial room to provide a vegetated buffer and thus will not adversely impact the adjacent properties. The applicant has worked with staff to develop an alternative that pushed the fence as far as possible from the southern property line without negatively impacting the design standards for electric transmission substations. 2411411, '9 ; Aw+vArt9 1.1.14tOCAM 9nIQM0 Mw _-yam---_ ENCROACNMEN' ARTA OF PfR'MfTERiEN(f IN THE 25BLIMP Mmc►Aw» lMn9Lw 90!lMO.ArA SUMMIMY OF AREAS nMnoMilfrfc+rao+w`nt 9a« MOOING W9 .10.4.99.wwr+ , O. on. WI MIA OVERALL SITE PLAN BURTON SUBSTATION EXPANNON VIRGWM BEACH VIRGINIA BILL PROPOSED PERIMETER FENCE 25' BUFFER WITH CATEGORY 11 LANDSCAPE SCREENING Based on the considerations above, staff recommends approval of this request with the conditions below. VEPCO D/B/A/ DOMINION VIRGINIA POWER Agenda Item 1 Page 4 CONDITIONS 1. With the exception of any modifications required by any of these conditions or during the formal site plan review process, the site shall be developed and maintained substantially in conformance with the submitted site plan entitled "OVERALL SITE PLAN, BURTON STATION EXAPNSION, VIRGINIA BEACH, VIRGINIA," dated August 13, 2014. 2. Per the provisions of Section 221(i) of the City Zoning Ordinance, upon a finding by the City Council that the need to meet the design standards for electric transformer substations are vital to the safety and welfare of the citizens as well as a finding that there will be no significant detrimental effects on surrounding properties as a result of the following deviation from the requirements of the Zoning Ordinance, the 25 -foot wide landscape buffer shall be installed and maintained as shown on the submitted site plan as "ANTICIPATED LANDSCAPE/SCREENING AREA." The landscaping buffer shall consist of evergreen plants, branching to the ground, with a minimum height at installation of five (5) to six (6) feet and reaching a height of twenty (20) feet at maturity, as specified in the City's Landscaping Guide. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. VEPCO D/B/A/ DOMINION VIRGINIA POWER Agenda Item 1 Page 5 AERIAL OF SITE LOCATION VEPCO D/B/A/ DOMINION VIRGINIA POWER Agenda Item 1 Page 6 St ✓ IF 4t P l 0 o @ Q ' I. s9 %wmen 41 "0„+ooa Rd o Spee 0' a .� g; 'db 0'^O^0 'W Fox,V„tr Oak ood y Ni.. o , % 3 170 0 O Oun"i"g RN Filo*. l a 4 70ReA 4/Cf Ur* Creek Signal Oakwood -Burton Line Upgrade & Little Creek Substation Dominion Virginia Power is obligated to ensure that its transmission system complies with federally -mandated reliability criteria. We are committed to doing so in a safe, environmentally responsible and economical manner. To ensure continued reliability and maintain the structural integrity of our transmission facilities, Dominion is planning to rebuild existing transmission line facilities to serve the Cities of Norfolk and Virginia Beach, and build a new substation on U.S. Navy Little Creek Amphibious Base. Within the existing right-of-way corridor that extends approximately 5 miles from the existing Oakwood Substation off of Oakmont Drive/Johnstons Road to the existing Burton Substation, Dominion will replace the existing lattice -style towers with steel "monopole" structures. In addition, the wires will be upgraded to carry more electricity during high demand periods, and a new substation will be built on the naval base. 8r3^cb Rd j 0 0! ?a 1,,ra ? ,Amoh,b0s 0i F,vt rr t'le A.., #ord ' e v. O t 05r povt, Oi Fve °a : ..%'°'- O' Y oe11''je 40.1 y .1 _—�A __ ._ Fte^51 0 I"+'N'vt o Legend Existing Transmission Line - - - Proposed Underground Transmission Line • Existing Substation • Proposed Substation • Rebnng Substation Ao dere Burton 13 Gee Oakwood — Burton 115 kV Transmission Upgrade Project As of: June 2012 PROJECT INFORMATION VEPCO D/B/A/ DOMINION VIRGINIA POWER Agenda Item 1 Page 7 \ • MM. 011:041s MUM wax . --� \ \ _1I3 J Ef PROPOSED SITE PLAN VEPCO D/B/A/ DOMINION VIRGINIA POWER Agenda Item 1 Page 8 BAYS! DE Map C-4 Map Not to Scale Virginia Electric & Power Company d/b/a Dominion Vir ' inia Power ' Zoning with ConditionsiProffers, Open Space Promotion r C G CUP - Public Utility Transformer Station / Line ZONING HISTORY # DATE REQUEST ACTION 1 09/13/2005 Use Permit (Contractor Storage Yard) Approved 2 01/14/1997 Use Permit (Bulk Storage Yard) Approved 3 04/26/1994 Subdivision Variance Approved 12/08/1992 Use Permit (Cellular Tower) Approved 4 08/03/1987 Use Permit (Mobile Home Park) Approved 08/03/1987 Change of Zoning (1-1 to A-1) Approved 5 11/04/1985 Use Permit (Substation) Approved VEPCO D/B/A/ DOMINION VIRGINIA POWER Agenda Item 1 Page 9 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) Dominion Virginia Power is a subsidiary of Dominion Resources which is a publicly held corporation with more than 500 shareholders 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) N/A nCheck 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. I 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) nCheck here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. i & 2 See next page for footnotes Does an official or ei_n_piloyee of the City of Virginia Beach have an interest in the subject land? Yes I 1 No iI If yes, what is the name of the official or employee and the nature of their interest? DISCLOSURE STATEMENT VEPCO D/B/A/ DOMINION VIRGINIA POWER Agenda Item 1 Page 10 1 1 1 11 11 1 1 1 1 1 ( 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) 1 "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 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 th site for ; * f processing and evaluating this application. A- is Signature Jonathon W. Schultis Print Name Diana Faison Property Owner's Signature (if different than applicant) Print Name Conditional Use Permit Application Page 10 of 10 Dnt.11nA 111919!14' DISCLOSURE STATEMENT VEPCO D/B/A/ DOMINION VIRGINIA POWER Agenda Item 1 Page 11 Item #1 Virginia Electric & Power Company d/b/a Dominion Virginia Power Conditional Use Permit 5800 Sandpit Road District 4 Bayside September 10, 2014 CONSENT An application of Virginia Electric & Power Company d/b/a Dominion Virginia Power for a Conditional Use Permit (Public Utility Transformer Station / Line) on property located at 5800 Sandpit Road, District 4, Bayside. GPIN: 14599144590000; 14599164230000. CONDITIONS 1. With the exception of any modifications required by any of these conditions or during the formal site plan review process, the site shall be developed and maintained substantially in conformance with the submitted site plan entitled "OVERALL SITE PLAN, BURTON STATION EXPANSION, VIRGINIA BEACH, VIRGINIA," dated August 13, 2014. 2. Per the provisions of Section 221(i) of the City Zoning Ordinance, upon a finding by the City Council that the need to meet the design standards for electric transformer substations are vital to the safety and welfare of the citizens as well as a finding that there will be no significant detrimental effects on surrounding properties as a result of the following deviation from the requirements of the Zoning Ordinance, the 25 -foot wide landscape buffer shall be installed and maintained as shown on the submitted site plan as "ANTICIPATED LANDSCAPE/SCREENING AREA." The landscaping buffer shall consist of evergreen plants, branching to the ground, with a minimum height at installation of five (5) to six (6) feet and reaching a height of twenty (20) feet at maturity, as specified in the City's Landscaping Guide. A motion was made by Commissioner Hodgson and seconded by Commissioner Horsley to approve item 1. AYE 11 NAY 0 ABS 0 ABSENT 0 BROCKWELL AYE HODGSON AYE HORSLEY AYE INMAN AYE OLIVER AYE Item #1 Virginia Electric & Power Company d/b/a Dominion Virginia Power Page 2 REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE WEINER AYE By a vote of 11-0, the Commission approved item 1 by consent. Elisabeth Campbell appeared before the Commission on behalf of the applicant. •0� 7 t,: CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: ICE MASTERS DBA RINK SPECIALISTS (Applicant) / CITY OF VIRGINIA BEACH (Owner). (a) Special Exception for Alternative Compliance to the Oceanfront Resort District Form -Based Code. (b) Conditional Use Permit (Outdoor Recreation Facility — Ice Skating Rink). 204 & 206 3rd Street; 206 & 208 Atlantic Avenue; and a portion of 108 Atlantic Avenue (GPINs 2427229184; 2427320193; 2427320138; 2427320057; 2427320006; 2427229150; and a portion of 2427310964). BEACH DISTRICT. MEETING DATE: October 7, 2014 • Background: The applicant proposes to operate an outdoor ice-skating rink for the 2014 winter season. The site is owned by the City of Virginia Beach, and the applicant has negotiated a 3'/2 -month lease for use of the site. Said lease was approved by City Council on August 5, 2014. • Considerations: The use of the site as proposed by the applicant requires a Conditional Use Permit (CUP) for Outdoor Recreation as well as a Special Exception for Alternative Compliance to the Oceanfront Resort District (ORD) Form -Based Code (FBC). The Special Exception for Alternative Compliance is necessary, because the proposed temporary structures and site layout do not conform to the criteria of any of the allowed Building Types specified in the FBC. The applicant will be installing a 60' x 120' ice rink. As opposed to a competitive hockey rink, this ice rink is meant for recreational leisure skating. Based on its location in the Oceanfront Resort District, the rink will be designed with a `tropical theme.' Guests will skate around an 'island' located in the middle of the rink. Islands will also be located in the corners of the rink where guests may choose to sit and watch other skaters. Decorative lighting will be strung over the rink, and holiday music will be amplified from an existing system on site. Further details pertaining to the site layout, use, nature of the temporary structures, as well as Staff's evaluation of the request, are provided in the attached staff report. There was no opposition to the request. ICE MASTERS D/B/A RINK SPECIALISTS Page 2 of 3 ■ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of the Special Exception and the Conditional Use Permit to the City Council with the following conditions: 1. With the exception of any modifications required by any of these conditions or by the request of the City of Virginia Beach Permits and Inspections Administrator, the layout of the site shall be substantially as shown on the site plan entitled "EXHIBIT B" dated May 27, 2014. Said drawing has been exhibited to the City Council and is on file in the Department of Planning. 2. All proposed tents and structures shall be reviewed and approved by the City of Virginia Beach Permits and Inspections Administrator prior to the operation commencing on the subject site. 3. With the exception of any modifications required by any of these conditions or as a result of reviews under the International Building Code, the tent structures, chiller unit, and signage structures shall be substantially as shown on the photographs submitted with the application. 4. Accessible parking meeting the requirements of the Americans with Disabilities Act (ADA) shall be provided on site. A walkway from said parking to the entrance of the operation shall meet applicable ADA requirements. 5. The applicant shall provide qualified individuals to direct traffic into and out of the parking area adjacent to the site from dusk until the operation closes. 6. Lighting shall be directed into the site and shielded in a manner that prevents light overspill into the surrounding area. 7. The chiller unit shall be screened on three sides by a privacy fence. 8. Prior to being installed, all signs shall be reviewed and approved by the City of Virginia Beach Zoning Administrator. 9. The applicant shall cause a sidewalk or other pedestrian pathway acceptable to the City of Virginia Beach to be installed adjacent to the subject site along the western side of Atlantic Avenue between the existing sidewalk on 3rd Street and the existing sidewalk on the western side of Atlantic Avenue adjacent to the site. 10. This Special Exception for Alternative Compliance and this Conditional Use Permit are valid through February 2015. ICE MASTERS D/B/A RINK SPECIALISTS Page 3 of 3 • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department N City Manager`1111 '' Ice Masters D/B/A Rink Specialists •T.+ory ** C owdOOKno nel. OP. 5.<. Prow. o. or PorFT M.4T. CUP - Recr odor FacK ty. Outdoor IlRorn.>r.... 7 September 10, 2014 Public Hearing APPLICANT: ICE MASTERS, INC (DBA RINK SPECIALISTS) PROPERTY OWNER: CITY OF VIRGINIA BEACH STAFF PLANNERS: Kristine Gay REQUEST: (a) Special Exception for Alternative Compliance to the Oceanfront Resort District Form -Based Code (b) Conditional Use Permit for Recreation Facility (Outdoor) ADDRESS / DESCRIPTION: 204 & 206 3rd Street; 206 & 208 Atlantic Avenue; Portion of 108 Atlantic Avenue GPINS: ELECTION SITE SIZE: 2427229184;2427320193; DISTRICT: 0.71 acre (30,927.6 square 2427320138;2427320057; BEACH feet) 2427320006;2427229150; and a portion of 2427310964 AICUZ: 65 to 70 dB DNL (Sub -Area 1) BACKGROUND / DETAILS OF PROPOSAL BACKGROUND The applicant requests a Conditional Use Permit (CUP) and a Special Exception for Alternative Compliance to the Oceanfront Resort District (ORD) Form -Based Code (FBC). The purpose of the request is to provide an outdoor recreation facility for which the proposed temporary structures and site layout do not conform to the criteria of any of the allowed Building Types; further, all outdoor recreation facilities located in the ORD require a CUP. DETAILS OF PROPOSAL The applicant proposes to operate an outdoor ice-skating rink for the 2014 winter season. The site is owned by the City of Virginia Beach, and the applicant has negotiated a 3V2 -month lease for use of the site. Said lease was approved by City Council on August 5, 2014. As shown on the zoning map above, the subject site is the northern portion of the property surrounded by the southern loop of Atlantic Avenue and 3rd Street. ICE MASTERS, INC. (DBA RINK SPECIALISTS) Agenda Item 7 Page 1 The applicant is proposing to temporarily install on the site a 60' x 120' ice rink. As opposed to a competitive hockey rink, this ice rink is meant for recreational leisure skating and will be designed with a tropical theme. Guests will skate around an "island" located in the middle of the rink. Islands will also be located in the corners of the rink where guests may choose to sit and watch other skaters. Dim and decorative lighting will be strung over the rink, and holiday music will be amplified from an existing system on site. The ice rink will be enclosed by a 42 -inch high wall. As shown on the submitted site plan exhibit, rubber matting surrounds a Targe portion of the rink. There will be one 20' x 60' skate rental tent (shown in green), three 10' x 15' concession/vendor tents (shown in red), and one 20' x 20' seating area/tent (shown in purple). A wooden split -rail style fence has recently been installed along the perimeter of the site. The applicant is not proposing any additional fencing. Not shown on the site plan, but to be included are temporary portable restroom facilities. These will be located just west of the 10' x 10' admissions booth (shown in orange). The restroom facilities will be heated and compliant with ADA standards as well as screened on 3 sides by a tent structure. The operation will last from November 20th, 2014 to February 1, 2015. Guests may purchase an all -day skate pass and rent skates for $10.00 on weekdays and $12.00 on weekends and Holidays. The hours of operation are proposed to be as follows: - Monday — Thursday (non -holiday) 2:00 p.m. — 10:00 p.m. - Friday (non -holiday) 2:00 p.m. — 12:00 a.m. Saturday (non -holiday) 10:00 a.m. — 12:00 a.m. - Sunday (non -holiday) 10:00 a.m. — 10:00 p.m. - Holidays 10:00 a.m. — 12:00 a.m. With regard to security, off -hours police officers are typically hired to monitor the site when it is not open and operational. While approximately 30 individuals will be employed by the operation (2 full time, 28 part-time), there are usually 6 employees working at a time; this includes a Manager, Front -End Staff, and 1 Rink Guard per every 50-75 skaters. Parking is provided and is located immediately to the south of the subject site. Vehicles will access the site from the west side of the loop. As traffic generated by the holiday boardwalk lights will be stacking around the subject site, the applicant will be responsible for having individuals working to direct traffic into the ice rink parking lot. IMPACT ON CITY SERVICES TRAFFIC: A specific traffic generation cannot be estimated for this use, as there is not an accepted standard ICE MASTERS, INC. (DBA RINK SPECIALISTS) Agenda Item 7 Page 2 for this type of facility. Due to the location of the facility within the Resort Area and the intended audience (visitors to the city), the traffic impact is expected to be minimal. WATER: There is an 8 -inch City water line and meter in the 3rd Street right-of-way, which will be utilized for the proposed facility. SEWER: There is an 8 -inch City sanitary sewer in the 3rd Street right-of-way with existing stubs at the site's property line that will be utilized for connection to the 'restroom trailer.' EVALUATION AND RECOMMENDATION The Oceanfront Resort District (ORD) Form -Based Code (FBC) regulates the use and development of land through a system of Street Frontages and Building Types. Each Building Type has specific building criteria. Being that a practical site layout for the proposed temporary use does not meet the requirements of any Building Type criteria, the structures are not permitted unless City Council approves this request for a Special Exception for Alternative Compliance. Additionally, any outdoor recreational facility located in the ORD requires City Council approval of a Conditional Use Permit. Section 7.3.3 of the FBC requires that when reviewing requests for Alternative Compliance, City Council is to consider the extent to which the proposed development promotes multiple modes of transportation; is visually interesting and of the pedestrian scale; diversifies the type of uses in the area; advances the parking strategy for the district, and is physically and functionally integrated with the surrounding environment. Visiting tourists, regional residents attending the holiday boardwalk lights, as well as local Oceanfront residents will be attending the proposed operation. Further, it is anticipated that the proposed use will be capturing vehicular traffic that will already be in the area for the adjacent and related attraction of the holiday lights. As the site is located east of Pacific Avenue, the applicant is not required to provide any parking. By having access to approximately 300 off-site parking spaces located in municipal parking structures which are all located within 2 blocks of the site, potentially capturing the assumed traffic that will be attending the holiday boardwalk lights, and by being located in such close proximity to residences and lodging, this proposal supports multiple modes of transportation and advances the goals of the parking strategy. The tent structures will be located on the site for a period of no more than four months. While they are temporary in nature, they are in scale with pedestrian -oriented activities and provide a niche seasonal attraction that currently does not exist at the Oceanfront. To bring continuity to the form of the site, visually enhance and break up the facades of the structures, and better orient pedestrians to the site, the applicant has worked with staff to align structures, create direct pedestrian accessibility, and adjust signage. The site will not be permanently improved in any way. The site is relatively flat and comprised of a mixture of patchy areas of gravel, grass, and sand. Beyond constructing the skating rink, temporary event flooring and skate -safe rubber mats will be laid over the ground. There are suitable sources of power and water existing on site. Being that the surface of the site is fairly sandy, the "snow" resulting from resurfacing the rink will be easily absorbed into the ground after melting. ICE MASTERS, INC. (DBA RINK. SPECIALISTS) Agenda Item 7 Page 3 The proposed use of a temporary outdoor skating rink is appropriate to the subject site. The proposed hours of operation are appropriate to the surrounding uses. The operation will provide a unique off- season attraction for both permanent residents and visiting tourists. The operation as proposed, and with the conditions recommended by Staff, will function well on the site without impeding on or disrupting adjacent land uses. Based on Staff's finding that the proposed use and associated structures satisfy the standards above to the greatest extent possible, and being cognizant of the fact that the facility is temporary in nature, Staff recommends approval of this Special Exception for Alternative Compliance to the Form -Based Code, as well as the Use Permit for an Outdoor Recreation Facility, contingent to the conditions below. CONDITIONS 1. With the exception of any modifications required by any of these conditions or by the request of the City of Virginia Beach Permits and Inspections Administrator, the layout of the site shall be substantially as shown on the site plan entitled "EXHIBIT B" dated May 27, 2014. Said drawing has been exhibited to the City Council and is on file in the Department of Planning. 2. All proposed tents and structures shall be reviewed and approved by the City of Virginia Beach Permits and Inspections Administrator prior to the operation commencing on the subject site. 3. With the exception of any modifications required by any of these conditions or as a result of reviews under the International Building Code, the tent structures, chiller unit, and signage structures shall be substantially as shown on the photographs submitted with the application. 4. Accessible parking meeting the requirements of the Americans with Disabilities Act (ADA) shall be provided on site. A walkway from said parking to the entrance of the operation shall meet applicable ADA requirements. 5. The applicant shall provide qualified individuals to direct traffic into and out of the parking area adjacent to the site from dusk until the operation closes. 6. Lighting shall be directed into the site and shielded in a manner that prevents light overspill into the surrounding area. 7. The chiller unit shall be screened on three sides by a privacy fence. 8. Prior to being installed, all signs shall be reviewed and approved by the City of Virginia Beach Zoning Administrator. 9. The applicant shall cause a sidewalk or other pedestrian pathway acceptable to the City of Virginia Beach to be installed adjacent to the subject site along the western side of Atlantic Avenue between the existing sidewalk on 3rd Street and the existing sidewalk on the western side of Atlantic Avenue adjacent to the site. 10. This Special Exception for Alternative Compliance and this Conditional Use Permit are valid through February 2015. ICE MASTERS, INC. (DBA RINK SPECIALISTS) Agenda Item 7 Page 4 NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. ICE MASTERS, INC. (DBA RINK. SPECIALISTS) Agenda Item 7 Page 5 AERIAL OF SITE LOCATION ICE MASTERS, INC. (DBA RINK SPECIALISTS) Agenda Item 7 Page 6 .1- lo wit wr • RESTROOMS • • n • Atlantic Ave i i PROPOSED SNOW DUIIf ` AREA PROPOSED FACILITY LAYOUT (Condition 1) ICE MASTERS, INC. (DBA RINK SPECIALISTS) Agenda Item 7 Page 7 X W PROPOSED LAYOUT OF FACILITY ON THE SITE (CONDITION 1) ICE MASTERS, INC. (DBA RINK SPECIALISTS) Agenda Item 7 Page 8 CHILLER UNIT ICE MASTERS, INC. (DBA RINK SPECIALISTS) Agenda Item 7 Page 9 SKATE RENTAL TENT ICE MASTERS, INC. (DBA RINK SPECIALISTS) Agenda Item 7 Page 10 SKATING RINK, SKATE -SAFE RUBBER MATTING PORTABLE RESTROOM FACILITIES :off-i`�li� 154 ICE MASTERS, INC. (DBA RINK SPECIALISTS) Agenda Item 7 Page 11 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) Ice Masters. Inc. II !2. Bann Breton. President Richard Cubin, Vice President 2. List all businesses that have a parent-subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) uCheck 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 following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) City of Virginia Beach 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. 8 7 See next page for footnotes Does an official or employee of 44, City of Virginia Beach have an interest in the subject land? Yes n No If yes, what is the name of the official or employee and the nature of their interest? 4 l 1 1 1 DISCLOSURE STATEMENT ICE MASTERS, INC. (DBA RINK SPECIALISTS) Agenda Item 7 Page 12 4 y 3 ■1 4 4 4 4 ADDITIONAL DISCLOSURES I 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) lay Masters. Inc ' "Parent -subsidiary relationship` means 'a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation.' See State and Local Government Conflict of Interests Act, Va. Code § 2 2-3101. ''Affiliated business entity relationship' means 'a relationship. other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities ' See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. CERTIFICATION: t 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 public hearing, 1 am responsible for obtaining and posting the required sign on the subject property at least 34 days pnor to the scheduled public hearing according to the instructions in this package T he undersigned also consents to entry upon the subject property by employees of the Department of Pianninn to photograph and view the site for purposes of processing and evaluating this applicat=ors Applicant's Sig :lure egi y Owner's Signatu 't ' erent than applicant) Richard M Cubin, VP Print Name JAvnEs Print Name DISCLOSURE STATEMENT ICE MASTERS, INC. (DBA RINK SPECIALISTS) Agenda Item 7 Page 13 Item #7 Ice Masters d/b/a Rink Specialists Alternative Compliance Conditional Use Permit 204 & 206 3rd Street 206 & 208 Atlantic Portion of 108 Atlantic Avenue District 6 Beach September 10, 2014 CONSENT An application of Ice Masters d/b/a Rink Specialists for a (a) Special Exception for Alternative Compliance to the Oceanfront Resort District Form -Based Code and an application of Ice Masters d/b/a Rink Specialist for a (b) Conditional Use Permit for Recreation Facility (Outdoor) on property located at 204 & 206 3rd Street; 206 & 208 Atlantic Avenue; Portion of 108 Atlantic Avenue, District 6, Beach. GPIN: 2427229184; 2427320193; 2427320138; 2427320057; 2427320006; 2427229150; and a portion of 2427310964. CONDITIONS 1. With the exception of any modifications required by any of these conditions or by the request of the City of Virginia Beach Permits and Inspections Administrator, the layout of the site shall be substantially as shown on the site plan entitled "EXHIBIT B" dated May 27, 2014. Said drawing has been exhibited to the City Council and is on file in the Department of Planning. 2. All proposed tents and structures shall be reviewed and approved by the City of Virginia Beach Permits and Inspections Administrator prior to the operation commencing on the subject site. 3. With the exception of any modifications required by any of these conditions or as a result of reviews under the International Building Code, the tent structures, chiller unit, and signage structures shall be substantially as shown on the photographs submitted with the application. 4. Accessible parking meeting the requirements of the Americans with Disabilities Act (ADA) shall be provided on site. A walkway from said parking to the entrance of the operation shall meet applicable ADA requirements. 5. The applicant shall provide qualified individuals to direct traffic into and out of the parking area adjacent to the site from dusk until the operation closes. Item #7 Ice Masters d/b/a Rink Specialists Page 2 6. Lighting shall be directed into the site and shielded in a manner that prevents light overspill into the surrounding area. 7. The chiller unit shall be screened on three sides by a privacy fence. 8. Prior to being installed, all signs shall be reviewed and approved by the City of Virginia Beach Zoning Administrator. 9. The applicant shall cause a sidewalk or other pedestrian pathway acceptable to the City of Virginia Beach to be installed adjacent to the subject site along the western side of Atlantic Avenue between the existing sidewalk on 3rd Street and the existing sidewalk on the western side of Atlantic Avenue adjacent to the site. 10. This Special Exception for Alternative Compliance and this Conditional Use Permit are valid through February 2015. A motion was made by Commissioner Hodgson and seconded by Commissioner Horsley to approve item 7. AYE 11 NAY 0 ABS 0 ABSENT 0 BROCKWELL AYE HODGSON AYE HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE WEINER AYE By a vote of 11-0, the Commission approved item 7 by consent. Eric Bisson appeared before the Commission on behalf of the applicant. onin • with Conditions/Proffers. 0. en S • ace Promotio s iu f'' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: MISSION ENTERPRISES, LLC (Applicant/Owner), Conditional Use Permit (Eating and Drinking Establishment within 100 feet of a Protected District), 501 Virginia Beach Boulevard (GPIN 2427063654). COUNCIL DISTRICT — BEACH. MEETING DATE: October 7, 2014 ■ Background: The applicant requests a Conditional Use Permit for an "Eating and Drinking Establishment" to allow use of the site and the existing structure as a restaurant specializing in 'craft beer.' Based on the design of the structure, it is considered a Commercial Building Type under the Oceanfront Resort District (ORD) Form - Based Code (FBC). The FBC allows Eating and Drinking Establishments to operate within the Mixed -Use, Commercial, Row House, and Detached House Building Types. Per Section 5.3.9 of the FBC, when an Eating and Drinking Establishment is located in a Mixed -Use or Commercial Building Type, alcoholic beverages are served, and the use is located within 100 feet of a "Protected District," a Conditional Use Permit is required. The FBC identifies Apartment and Residential zoning districts that are adjacent to the ORD as Protected Districts. Since the restaurant will serve alcoholic beverages and be within 70 feet of properties zoned A-12 Apartment District, a Conditional Use Permit is required. • Considerations: The applicant and property owner would like to open a 2,530 square foot restaurant specializing in craft beer. As shown on the submitted site plan, the restaurant will occupy the northwestern portion of the existing building. The applicant plans on leasing the remaining tenant spaces to "creative urban" type businesses, such as design professionals, specialty bakers, coffee roasters, and other small local craftsmen. The exterior of the building will be renovated to improve the appearance and improve consistency with the FBC. Existing parking in front of the building will be removed, as the area is public right-of-way. There will be an 890 square foot outdoor dining area within an existing `courtyard' located in the center of the lot. The courtyard, which will be improved, is enclosed by the building on three sides. The applicant has met with the civic league representing the adjacent neighborhood as well as the RAC's Planning and Design Review Committee, which have voted to support the proposal. MISSION ENTERPRISES Page2of3 Conditions have been recommended to address neighborhood concerns pertaining to the hours when outdoor entertainment is allowed as well as the type of buffer to be installed. Further details pertaining to the site and building designs, as well as Staff's evaluation of the request, are 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 11-0, to recommend approval of this request to the City Council with the following conditions: 1. With the exception of any modifications required by any of these conditions, the site shall be developed substantially in conformance with the conceptual site plan titled, "DISTRICT 501," and dated July 1, 2014, as prepared by WPL. 2. With the exception of any modifications required by any of these conditions, the existing structure shall be improved substantially in conformance with the conceptual architectural elevations titled, "ESOTERIC NORTH ELEVATION SCHEME 3," and "EAST FACADE," dated 7/2/2014, as prepared by Folck West Architects. 3. The applicant shall obtain an Encroachment Agreement and Maintenance Agreement from the Department of Parks and Recreation / Landscape Management Division for the landscaping within the right-of-way as shown on the conceptual site plan referenced in Condition 1. The proposed landscape design shall be reviewed and approved by the Landscape Architect of the Development Services Center. 4. All landscaping, including the "CAT. IV BUFFER (MODIFIED)" as called out on the conceptual site plan referenced in Condition 1, shall be approved by the Landscape Architect of the Development Services Center. 5. The hours of operation of the Eating and Drinking Establishment shall be as follows: Sunday through Thursday, 11:00 a.m. to 12:00 a.m. Friday through Saturday, 11:00 a.m. to 2:00 a.m. 6. The operation shall comply with all applicable codes and regulations of both the Commonwealth of Virginia and the City of Virginia Beach pertaining to licensure and control of alcoholic beverages. MISSION ENTERPRISES Page 3of3 7. The applicant shall provide the Zoning Administrator with a written agreement (lease, easement or license), acceptable to the City Attorney, demonstrating the availability of the off-site parking spaces, which when combined with the on-site parking spaces will meet the required parking for this use as specified in the City Zoning Ordinance. 8. No chain-link fencing shall be visible from the public right-of-way of Virginia Beach Boulevard or Baltic Avenue. 9. There shall be no live or recorded outdoor entertainment between the hours of 11:00 p.m. and 12:00 p.m. (noon). 10. Noise produced by the proposed use, when measured as defined by Article 11 of Chapter 23 of the Code of the City of Virginia Beach, shall not exceed 65 dBA between the hours of 11:00 a.m. and 11:00 p.m. or 55 dBA between the hours of 11:00 p.m. and 2:00 a.m. 11. The applicant shall work with the Department of Public Works / Traffic Engineering to ensure that vehicles do not park in the area of the public right-of-way located between the facade of the existing building and the improved edge of the vehicular lanes of Virginia Beach Boulevard. • Attachments: Staff Report 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 BEACH MappId% X1to W A4� Mission Enterprises, L.L.C. • Leahy .+e C..AVm.NMMn. Mn SP... P,anawn CUP - 'Eating and Drinking Establishment within 100' of Protected District' 8 APPLICANT AND OWNER: MISSION ENTERPRISES, L.L.0 STAFF PLANNER: Kristine Gay REQUEST: Conditional Use Permit ("Eating and Drinking Establishment within 100' of Protected District") ADDRESS / DESCRIPTION: 501 Virginia Beach Boulevard GPIN: 24270636540000 4 ELECTION DISTRICT: SITE SIZE: AICUZ: BEACH 28,000 square feet 65-70 dB DNL (Sub Area 1) BACKGROUND / DETAILS OF PROPOSAL Background The applicant requests a Conditional Use Permit for an "Eating and Drinking Establishment" to allow use of the site and the existing structure as a restaurant specializing in 'craft beer.' Based on the design of the structure, it is considered a Commercial Building Type under the Oceanfront Resort District (ORD) Form - Based Code (FBC). The FBC allows Eating and Drinking Establishments to operate within the Mixed -Use, Commercial, Row House, and Detached House Building Types. Per Section 5.3.9 of the FBC, when an Eating and Drinking Establishment is located in a Mixed -Use or Commercial Building Type, alcoholic beverages are served, and the use is located within 100 feet of a "Protected District," a Conditional Use Permit is required. The FBC identifies Apartment and Residential zoning districts that are adjacent to the ORD as Protected Districts. Since the restaurant will serve alcoholic beverages and be within 70 feet of properties zoned A-12 Apartment District, a Conditional Use Permit is required. The subject site consists of 4 adjacent 50' x 140' lots at the southwestern corner of the intersection of Virginia Beach Boulevard and Baltic Avenue. An existing one-story industrial -commercial style building occupies the majority of the two most eastern lots. According to City records, the building was built in the MISSION ENTERPRISES, L.L.C. Agenda Item 8 Page 1 1950's. The building was sited such that it frames a paved outdoor space of approximately 3,500 square feet in area. To the west, the site contains a surface parking lot and a flat open grassy lawn behind a wooden privacy fence. The building site was most recently occupied by two retail uses - Things Unlimited and Motorcycle Divas. Details The applicant and property owner would like to open a 2,530 square foot restaurant specializing in craft beer. As shown on the submitted site plan, the restaurant will occupy the northwestern portion of the existing building. The applicant plans on leasing the remaining tenant spaces to "creative urban" type businesses, such as design professionals, specialty bakers, coffee roasters, and other small local craftsmen. It is the intent of the applicant to slightly j renovate the building, keeping as much of j the architectural character as possible. With the exception of recessing the entrances to avoid encroaching into the j ...* AKOMOV LOT -4 LOT -6 LOT -8 BLK. -25 BLK. -25 BLK. -25 MOOD ..t ly.' ,4M® Dns t3^ta w C -i WOOD MOON LM /. SLOES (NTMI. right-of-way, no changes will be made to the footprint of the building. The applicant LAP. I.,a,IMOD will be replacing the tile work on the parapet with matte black roof tiles. Brick J r w raw .n rawJ VIROMWA BEACH BOULEVARD and wooden planters and benches will be installed along the frontage. Windows will be replaced with new impact -resistant glazing to meet current building codes. Wooden siding will be used in the recessed entrances and as a facade accent material. There will be 890 square feet of outdoor dining space in the paved courtyard area. The outdoor dining space will accommodate up to 46 guests and will be enclosed by the same style of planters used along the front of the building. The open green space will be used as a garden with a combination of flowers, vegetables, herbs, fruits, and berries. Other improvements proposed for the site include the planting of a 15 -foot deep landscaped buffer adjacent to the residential area, raised planters along the Virginia Beach Boulevard right-of-way to screen the existing parking lot, as well as new striping of parking spaces within the existing parking lot. There will be no work to the site that results in land disturbance. It is proposed that the hours of operation of the Eating and Drinking Establishment be as follows: Sunday through Thursday — 11:00 a.m. to 12:00 a.m. (midnight) Friday through Saturday — 11:00 a.m. to 2:00 a.m. [Outdoor entertainment is proposed to end no later than 11:00 pm, nightly.] The applicant proposes to meet the parking requirement by use of the existing parking spaces on site, as well as by leasing parking spaces nearby, which is allowed by the ORD FBC. Additionally, a 'sculptural - style' bicycle rack will be located on-site to accommodate bicycle parking needs. MISSION ENTERPRISES, L.L.C. Agenda Item 8 Page 2 LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Vacant commercial building SURROUNDING LAND North: • Virginia Beach Boulevard USE AND ZONING: • Car wash / OR Oceanfront Resort District South: • Duplex and single-family dwelling units / Al 2 Apartment District East: • Baltic Avenue • Commercial / OR Oceanfront Resort District West: • Motor vehicle repair / OR Oceanfront Resort District NATURAL RESOURCE AND There are no known significant cultural or natural resource CULTURAL FEATURES: features on this site. COMPREHENSIVE PLAN: The subject site is located in the Oceanfront Resort Strategic Growth Area (SGA). It is zoned Oceanfront Resort (OR) and land use is regulated by the Oceanfront Resort District From -Based Code (FBC). The Resort Area Strategic Action Plan (RASAP) is the guiding planning policy for land use and development in this area. The RASAP supports the creation of districts with distinctive identities and year-round uses. Section 2.1 of the FBC designates that this site is located on a Shopping 2 Street Frontage. The intent of the Shopping 2 Street Frontage is to allow for mixed-use development and walkability but does not necessarily require the shopfront building element. IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): This site is located at the intersection of Virginia Beach Boulevard and Baltic Avenue. Virginia Beach Boulevard is a four -lane minor urban arterial roadway with an eighty -foot (80') right-of-way width. It is designated on the City's Master Transportation Plan (MTP) with an ultimate 100 -foot right-of-way width. Baltic Avenue is a two-lane minor urban arterial with sixty -foot (60') right-of-way width. There are no current roadway Capital Improvement Plan (CIP) projects associated with these roadways in the vicinity of this site. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic Vir inia Beach g Boulevard 10,000 ADT 14,800 ADT 1(Level of Service "C") — 27,400 ADT 1 (Level of Service "E") Existing Land Use 2— 402 ADT (25 PM Peak Hour) Proposed Land Use 3— 341 ADT (30 PM Peak Hour) Baltic Avenue 2,700 ADT 1 7,300 ADT 1(Level of Service "C") — 13,100 ADT 1 (Level of Service "E") 'Average Daily Trips 2 as defined by 9,070 SF of "Speciatty'Retaii° .:. MISSION ENTERPRISES, L.L.C. Agenda Item 8 Page 3 Sas defined by 5,133 SF of "General Office," 1,267 SF "Specialty Retail," and 2,350 SF of "Quality Restaurant" WATER: This site is currently connected to City water. The existing 5/8" meters (City ID #95072046) can be used or upgraded to accommodate the proposed development. There are two existing 8 -inch City water lines and one existing 12 -inch City water line on Virginia Beach Boulevard. There is an existing 6 -inch City water line on Baltic Avenue. SEWER: The site currently connects to City sewer. Analysis of Pump Station #003 and the sewer collection system is required to ensure future flows can be accommodated. There is an existing 8 -inch City gravity sanitary sewer main on Virginia Beach Boulevard. There is an existing 8 -inch City gravity sanitary sewer main and an existing 8 -inch abandoned City gravity sanitary sewer main on Baltic Avenue. 0 EVALUATION AND RECOMMENDATION The applicant desires to open a restaurant specializing in craft beer in a portion of the existing building located at 501 Virginia Beach Boulevard. Per Chapter 8 of the Oceanfront Resort District (ORD) Form -Based Code (FBC), Residential and Apartment zoning districts adjacent to the ORD have been defined as Protected Districts. In an effort to assure there is an appropriate land use transition and relationship between the Resort Area and established Oceanfront neighborhoods, certain uses allowed in the ORD have specific standards that are applicable based on the distance between the proposed use and the Protected District. Section 5.3.9 of the FBC provides the Use Standards for an Eating and Drinking Establishment, and states that where any Eating and Drinking Establishment serves alcohol and is within 100 feet of a Protected District, a Conditional Use Permit is required. The interior space of the proposed Eating and Drinking Establishment is 98 feet north of a Protected District; the outdoor portion of the dining space is 68 feet north of the Protected District. Thus, a Conditional Use Permit is required to operate the proposed use as planned on this site. In an effort to ensure compatibility between the proposed use and the adjacent duplex and single-family dwelling units, the applicant is proposing a landscape buffer along the southern lot line that extends from the western lot line a distance of 90 feet. The applicant has also met with the Resort Beach Civic League, which voted to support the applicant's proposal. The civic league expressed two primary concerns: (1) noise (volume and time of day) and (2) employees parking in the neighborhood. While not requested by the civic league, the applicant proposed including as a condition of the Use Permit a requirement for any type of outdoor entertainment to end at 11:00 p.m. Also, at its August 5th meeting, Resort Advisory Commission / Planning and Design Review Committee (PDRC) reviewed and unanimously approved the proposed site and architectural designs with no additional recommended conditions. Being that the restaurant is proposed to occupy 2,530 square feet of area, 25 parking spaces are required. The submitted site plan shows 16 usable parking spaces on site. The applicant is proposing to use the Remote Parking provision allowed by the ORD FBC, and will be required to provide a lease agreement for the remaining required parking spaces prior to receiving a Certificate of Occupancy. As MISSION ENTERPRISES, L.Q.C. Agenda Item 8 Page 4 further consideration for the adjacent Protected District, conditions have been included that require all off- site leased parking spaces be located within one-quarter mile of the subject site. The condition also requires the use of a sign, visible to the public at all times, that will include the address of the off-site parking spaces as well as their location on a map. The intent of these conditions is to ensure that customer parking does not encroach into the nearby residential streets. The applicant is proposing no land disturbance with this request. It is the intent of the applicant to use the existing building and site as is, with the exception of minor surface and aesthetic enhancements. The applicant met with representatives from the Development Services Center and the Zoning Office at the subject site to explain the proposed changes. The changes include removing the existing parking wheel - stops and associated angled parking stripes located in the Virginia Beach Boulevard right-of-way, restriping the on-site parking spaces, installing raised planters and benches, recessing the entrances to the two units fronting Virginia Beach Boulevard, patching and leveling the existing concrete surface of the courtyard, resurfacing and boarding windows on the rear facade, and installing a landscape buffer along the southern lot line. The proposed changes are not of the type or level that will require submission of a site development plan. The proposed use of an Eating and Drinking Establishment is consistent with the intent of the Shopping 2 Street Frontage and the development strategies of the Resort Area Strategic Action Plan. Based on this, as well the careful consideration the applicant has given to ensuring compatibility of the use with the adjacent neighborhood, staff recommends approval with the conditions below. CONDITIONS 1. With the exception of any modifications required by any of these conditions, the site shall be developed substantially in conformance with the conceptual site plan titled, "DISTRICT 501," and dated July 1, 2014, as prepared by WPL. 2. With the exception of any modifications required by any of these conditions, the existing structure shall be improved substantially in conformance with the conceptual architectural elevations titled, "ESOTERIC NORTH ELEVATION SCHEME 3," and "EAST FAcADE," dated 7/2/2014, as prepared by Folck West Architects. 3. The applicant shall obtain an Encroachment Agreement and Maintenance Agreement from the Department of Parks and Recreation / Landscape Management Division for the landscaping within the right-of-way as shown on the conceptual site plan referenced in Condition 1. The proposed landscape design shall be reviewed and approved by the Landscape Architect of the Development Services Center. 4. All landscaping, including the "CAT. IV BUFFER (MODIFIED)" as called out on the conceptual site plan referenced in Condition 1, shall be approved by the Landscape Architect of the Development Services Center. 5. The hours of operation of the Eating and Drinking Establishment shall be as follows: Sunday through Thursday, 11:00 a.m. to 12:00 a.m. Friday through Saturday, 11:00 a.m. to 2:00 a.m. MISSION ENTERPRISES, L.L.C. Agenda Item 8 Page 5 6. The operation shall comply with all applicable codes and regulations of both the Commonwealth of Virginia and the City of Virginia Beach pertaining to licensure and control of alcoholic beverages. 7. The applicant shall provide the Zoning Administrator with a written agreement (lease, easement or license), acceptable to the City Attorney, demonstrating the availability of the off-site parking spaces, which when combined with the on-site parking spaces will meet the required parking for this use as specified in the City Zoning Ordinance. 8. No chain-link fencing shall be visible from the public right-of-way of Virginia Beach Boulevard or Baltic Avenue. 9. There shall be no live or recorded outdoor entertainment between the hours of 11:00 p.m. and 12:00 p.m. (noon). 10. The applicant shall work with the Department of Public Works / Traffic Engineering to ensure that vehicles do not park in the area of the public right-of-way located between the facade of the existing building and the improved edge of the vehicular lanes of Virginia Beach Boulevard. NOTE: Further conditions may be required during the administration of applicable City Ordinances and Standards. Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. All applicable permits required by the City Code, including those administered by the Department of Planning / Development Services Center and Department of Planning / Permits and Inspections Division, and the issuance of a Certificate of Occupancy, are required before any uses allowed by this Use Permit are valid. The applicant is encouraged to contact and work with the Crime Prevention Office within the Police Department for crime prevention techniques and Crime Prevention Through Environmental Design (CPTED) concepts and strategies as they pertain to this site. MISSION ENTERPRISES, L. .C. Agenda It 88 Page 6 AERIAL OF SITE LOCATION MISSION ENTERPRISES, L.L.C. Agenda Item 8 Page 7 ((or 9n w ,v) (9/9 3I7N3A V OLL 7V8 ......! 5 IR i — i .,•., A : PI ; (,) 1 r4 i L.4 i lx.1; Z • 3 z L.4 -, (..)! a 1i! t oi I 1 i N LLP 1 R CL i (4 ! 10 . CA ' 0 4 1 .‹1 3.2 zs (Ai Z' 15 i a u; t cw .i ti ct ui M. Li, CZ I 41i i- In 7 -2; < o—li Q. a (-) CA 2 i .4i 1-1 is, 0 Pik = 11141 i PROPOSED SITE PLAN MISSION ENTERPRISES, L.L.C. Agenda Item 8 Page 8 L �I i ?Mr 'Mao tolesont. '•+`ff - WOup Tet Woep INSief NSIT 6tAUc TIES 1oT &k Rom( -w' ; '7 --- titel f y M1'. 0.M.* M.)1 b -Tx. le.* iltwro (aA,t NIM) -Y/.wizzamt. i16A a11I111I311111I'1)1 t My�H Pw,- ) o.ee.+S e 7 i Rh11114. 7 rotti cg. N 6w4M PMSAY) f-wlx. CAI 1,6,3 /Fm)o+.N- W5 MKT a„WA- C- F TItZ ' f rM)RpGT . 4 1 Y !.' G F P E E SHc F ✓ WO o -H-. tAM. EAhT Fiscko6 KA w - Rr.3,nJ BMTIc. RJcii 1/i /20 vf Bess CONCEPTUAL ELEVATIONS (CONDITION 2) MISSION ENTERPRISES, L.L.C. Agenda Item 8 Page 9 WOODEN BENCHES AND RAISED PLANTERS CONCEPT GARDEN CONCEPT MISSION ENTERPRISES, L.L.C. Agenda Item 8 Page 10 ARTISITIC BIKE RACK CONCEPT MISSION ENTERPRISES, L.L.C. Agenda Item 8 Page 11 BEACH Map M-6 Map Not to Scale Mission Enterprises, L.L.C. 'Zoning with Conditions)Proffers, Open Space Promotion CUP - "Eating and Drinking Establishment within 100' of Protected District' ZONING HISTORY # DATE REQUEST ACTION 1 04/13/2010 Conditional Use Permit (Small Engine Repair) Approved 2 10/08/2002 Change to a Nonconforming Use Denied 3 01/28/1992 Change to a Nonconforming Use Approved MISSION ENTERPRISES, L.L.C. Agenda Item 8 Page 12 .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) tseton Enterprise$, LLC' Kristina Pitsirrcles Chastain, Mernber, Timothy Lee Chastain, Member 2. List all businesses that have a parent-subsidJaryl or affiliated business entity2 relationship with the applicant; (Attach list if rrecessary) n Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSUREComplete 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 fallowing; 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 afiikated business entity2 relationship with the applicant: (Attach Jest if necessary) nCheck here if the property owner Is NOT corporation, partnership, firm, business, or other unincorporated organization. 1 &2 See next page for footro1es Does an official or e�loyee of a 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? j 1 1 1 DISCLOSURE STATEMENT MISSION ENTERPRISES, L.L.C. Agenda Item 8 Page 13 ADDITIONAL DISCLOSURES List If 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 IIst if necessary) Sykes, Bourdon, Ahem & WPL Folck West Architects e , P.C. "Parent -subsidiary relationship' means 'a relationship that exists when one corporation direly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." Sae State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. ' `AfMated business entity relationship" means ua relationship, other than parent - subsidiary relationship, that exists when (1) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in QrIe entity is &ISO 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 en affiliated business entity relationship include that the same person Orr substantially the same person awn or manage the two entities; there are corm on or commingled funds or assets; the business entities share the use of the same oilroea or employees or otherwise share activities, resources or personnel on a regular basis; or there Is otherwise a dose working relationship between the entities.' See State and Local Government Conflict of interests Act, Ve. Code § 2.2-3101_ CERTIFICATION: I certify that the infonnetlon contained herein is true end accurate. I understand that, upon receipt of notification (postcard) tihat the application has been scheduled for puiblic hearing, I ern responsible for obtaining acrd posting the required syn on the subject property at least 30 days prior lo the scheduled public hearing according do the instructions in this package. The undersigned also consents to entry upon the sutect property by employees of the Department of Planning to photograph and view the site for purposes of prroeasirxp and evaluating this application Kristina P. Chastain, Member Print Nan* Property Owns Signature tit ferent than appscartt) PrI 1 DISCLOSURE STATEMENT MISSION ENTERPRISES, L.L.C. Agenda Item 8 Page 14 Item #8 Mission Enterprises, L.L.C. Conditional Use Permit 501 Virginia Beach Boulevard District 6 Beach September 10, 2014 CONSENT An application of Mission Enterprises, L.L.C. for a Conditional Use Permit ("Eating and Drinking Establishment within 100' of Protected District") on property located at 501 Virginia Beach Boulevard, District 6, Beach. GPIN: 24270636540000. CONDITIONS 1. With the exception of any modifications required by any of these conditions, the site shall be developed substantially in conformance with the conceptual site plan titled, "DISTRICT 501," and dated July 1, 2014, as prepared by WPL. 2. With the exception of any modifications required by any of these conditions, the existing structure shall be improved substantially in conformance with the conceptual architectural elevations titled, "ESOTERIC NORTH ELEVATION SCHEME 3," and "EAST FACADE," dated 7/2/2014, as prepared by Folck West Architects. 3. The applicant shall obtain an Encroachment Agreement and Maintenance Agreement from the Department of Parks and Recreation / Landscape Management Division for the landscaping within the right-of-way as shown on the conceptual site plan referenced in Condition 1. The proposed landscape design shall be reviewed and approved by the Landscape Architect of the Development Services Center. 4. All landscaping, including the "CAT. IV BUFFER (MODIFIED)" as called out on the conceptual site plan referenced in Condition 1, shall be approved by the Landscape Architect of the Development Services Center. 5. The hours of operation of the Eating and Drinking Establishment shall be as follows: Sunday through Thursday, 11:00 a.m. to 12:00 a.m. Friday through Saturday, 11:00 a.m. to 2:00 a.m. 6. The operation shall comply with all applicable codes and regulations of both the Commonwealth of Virginia and the City of Virginia Beach pertaining to licensure and control of alcoholic beverages. Item #8 Mission Enterprises, L.L.C. Page 2 7. The applicant shall provide the Zoning Administrator with a written agreement (lease, easement or license), acceptable to the City Attorney, demonstrating the availability of the off-site parking spaces, which when combined with the on-site parking spaces will meet the required parking for this use as specified in the City Zoning Ordinance. 8. No chain-link fencing shall be visible from the public right-of-way of Virginia Beach Boulevard or Baltic Avenue. 9. There shall be no live or recorded outdoor entertainment between the hours of 11:00 p.m. and 12:00 p.m. (noon). 10. Noise produced by the proposed use, when measured as defined by Article 2 of Chapter 23 of the Code of the City of Virginia Beach, shall not exceed 65 dBA between the hours of 11:00 a.m. and 11:00 p.m or 55 dBA between the hours of 11:00 p.m. and 2:00 a.m. 11. The applicant shall work with the Department of Public Works / Traffic Engineering to ensure that vehicles do not park in the area of the public right-of-way located between the facade of the existing building and the improved edge of the vehicular lanes of Virginia Beach Boulevard. A motion was made by Commissioner Hodgson and seconded by Commissioner Horsley to approved item 8. AYE 11 NAY 0 ABS 0 ABSENT 0 BROCKWELL AYE HODGSON AYE HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE WEINER AYE By a vote of 11-0, the Commission approved item 8 by consent. Eddie Bourdon appeared before the Commission on behalf of the applicant. Ku °eic� ter- CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: SPENCE CROSSING RESIDENTIAL, INC. (Applicant/Owner), Change of Zoning, Conditional PD -H2 (A-12) Apartment to P-1 Preservation. Property is at southeast corner of Salem Road and Lynnhaven Parkway (part of GPIN 1485055576). COUNCIL DISTRICT — CENTERVILLE. MEETING DATE: October 7, 2014 • Background: On June 26, 2007, City Council approved three Change of Zoning requests for a 133.8 -acre property, which was known as the Spence Farm. The largest area of the site (the 'Residential Village') was rezoned from R -5D Residential District to Conditional PD -H2 Planned Development [A-12 Apartment] District. Proffer 12 of that Conditional Change of Zoning states the following: With respect to the areas shown on the Plan within the Residential Village as 'Open Space' (the 'Open Space Area'), Grantor shall file and obtain approval of a rezoning petition to rezone the Open Space Area to P-1 (Preservation District), as defined in the CZO, prior to the date the first building permit in the Residential Village is issued. Such Open Space Area shall be subject to recorded restrictive covenants which prohibit the use of such areas for any purpose other than recreation and open space use. ■ Considerations: Development of the site has commenced, and the applicant is requesting a Change of Zoning of the open space areas within the PD -H2 to P-1 Preservation for the purpose of satisfying Proffer 12. In addition to rezoning the open space areas to P-1, restrictive covenants will be recorded prohibiting the use of such areas for any purpose other than recreation and open space. Further details pertaining to this proposal, as well as Staff's evaluation of the request, are 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 11-0, to recommend approval of this request. SPENCE CROSSING Page 2of2 • Attachments: Staff Report 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: V.. CENTERVILLE Ma F-10 �lascale Spence Crossing Residential, Inc. • Zang; dr C.aWon...W .... op.. Spars Pw...l.. Zoning Change from PDH2 (A.12) to P.1 3 September 10, 2014 Public Hearing APPLICANT & PRPOERTY OWNER: SPENCE CROSSING RESIDENTIAL, INC. STAFF PLANNER: Carolyn A.K. Smith REQUEST: Change of Zoning (Conditional PD -H2 [A-12] District to P-1 Preservation District) ADDRESS / DESCRIPTION: Southeast corner of Salem Road and Lynnhaven Parkway GPIN: ELECTION SITE SIZE: Part of 1485055576 DISTRICT: Area of Phase 1 to be rezoned to CENTERVILLE P-1: 14.97 acres 4 AICUZ: Less than 65 dB DNL • BACKGROUND / DETAILS OF PROPOSAL Background On June 26, 2007, City Council approved three rezoning requests for a 133.8 -acre property, which was known as the Spence Farm. The property was divided by S. Independence Boulevard into two parcels. The smaller parcel, on the eastern side of S. Independence Boulevard, consisted of 23.1 acres and was rezoned from R -5D Residential District to Conditional A-24 Apartment District. The larger parcel, on the western side, was rezoned from R -5D Residential District to Conditional B-4 Mixed Use District (northern portion primarily fronting on Princess Anne Road and S. Independence Boulevard) and from R -5D Residential District to Conditional PD -H2 Planned Development [A-12 Apartment] District (southern portion primarily fronting on Salem Road and Lynnhaven Parkway). The area that is the subject of the current rezoning request is located in the portion now zoned PD -H2 [A- 12]. The applicant is developing that portion in phases, and Phase 1 contains 14.97 acres of open space. Section 1127(a) of the Zoning Ordinance requires that open space located within a PD -H2 District that will be owned and maintained by a homeowners' association be rezoned to P-1 Preservation District. Moreover, Proffer 12 of the 2007 Conditional Change of Zoning states the following: SPENCE CROSSING RESIDENTIAL, INC. Agenda Item 3 Page 1 With respect to the areas shown on the Plan within the Residential Village as 'Open Space' (the 'Open Space Area'), Grantor shall file and obtain approval of a rezoning petition to rezone the Open Space Area to P-1 (Preservation District), as defined in the CZO, prior to the date the first building permit in the Residential Village is issued. Such Open Space Area shall be subject to recorded restrictive covenants which prohibit the use of such areas for any purpose other than recreation and open space use. The applicant, therefore, is requesting Change of Zoning of the open space areas for the purpose of satisfying Proffer 12 as well as complying with Section 1127 of the Zoning Ordinance. As the project is proposed in phases, this request is for 14.97 acres of P-1 Preservation District, while the remaining 8.55 acres of open space within a future phase will be rezoned at a later date. LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Vacant field SURROUNDING LAND North: USE AND ZONING: South: East: West: NATURAL RESOURCE AND CULTURAL FEATURES: • Lynnhaven Parkway • Retail / B-2 Community Business • Duplexes / R -5D Residential Duplex • Vacant Land / B-4 Mixed Use • S. Independence Boulevard • Salem Road • Offices / B-2 Community Business • Multifamily dwellings / A-12 Apartments • Duplexes / R -5D Residential Duplex The property is within the Southern Watersheds Management Area. The former agricultural fields are now under construction. There is a stand of mature trees along the southern property line on the west side of South Independence Boulevard that will remain. Most of the wooded areas have been cleared for the proposed residential dwellings, roadways and stormwater management facilities. 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. 4 SPENCE CROSSING RESIDENTIAL, "INC. Agenda Item 3 Page 2 IMPACT ON CITY SERVICES There will be no impact on City services as a result of this rezoning request. 4 EVALUATION AND RECOMMENDATION As the project is proposed in phases, this request is for 14.97 acres of P-1 Preservation District, while the remaining 8.55 acres of open space in a future phase will be rezoned at a later date. The rezoning application to P-1 is consistent with the recorded proffers, the requirements of Section 1127 of the Zoning Ordinance, as well as the land use policies of the Comprehensive Plan with regard to quality and attractiveness of site layout, environmental responsibility, and buffering. Based on this, Staff recommends approval. SPENCE CROSSING RESIDENTIAL, INC. Agenda Item 3 Page 3 i AERIAL OF SITE LOCATION SPENCE CROSSING RESIDENTIAL, INC. Agenda Item 3 Page 4 ••••••=....11.11 "ONI 'ONR133NION3 AVM 313VNNId 3NNV SS43Nl8d ONISSOBD 33N3rIS MiteOlgaV tt411010k1333613d1 VAN 11111.1119 fININOZIRI _ores N31r) • PROPOSED P-1/OPEN SPACE AREAS Alh• 1:,11 A • Bh-A 1)1 SPENCE CROSSING RESIDENTIAL, INC. Agenda Item 3 Page 5 i 1M _ • ......--_:------",-g-, ,‘'_.; t ,..... „; • _. s:"... --.,;- :- t 4r -c , ..... , 0_,.., r, ,..15wpme,re..4r :.3; ---- ,-., r's --'- .\ .1_(,----------,/, ' a .1 !• ; f 4 . ' \ I --- _,_--:—._ . ,- • _ ____ ___‘•___ ___-- --.1.....,..- i.... ---avo---a OVERALL RESIDENTIAL LAYOUT SPENCE CROSSING RESIDENTIAL, INC. Agenda Item 3 Page 6 CENTERVILLE Map F-10 Ma Not to Scale Spence Crossing Residential, Inc. ' Zoning with Conditions,Proffers, Open Space Promotion Zoning Change from PDH2 (A-12) to P-1 ZONING HISTORY # DATE REQUEST ACTION 1 06/26/2007 Rezoning (R -5D and R-10 to Conditional B-4 and PD -H2 with A-12 overlay) Granted 2 06/26/2007 Rezoning (R -5D and R-10 to Conditional A-36) Granted 02/23/1999 Rezoning (R -5D to B-2) Denied 3 03/12/2013 Conditional Use Permit (Residential Kennel) Denied 01/14/1997 Conditional Use Permit (Child Daycare) Granted 4 02/08/2000 Rezoning (R-10 to Conditional PD -H2 with R -5D overlay) Granted 5 12/09/2003 Conditional Use Permit (Housing for Seniors and Disabled) Denied 12/09/2003 Rezoning (B-2 to Conditional 0-2) Denied 06/13/2001 Subdivision Variance Ind. Def. 07/01/1997 Rezoning (R-10 to B-2) Granted 6 03/14/2000 Modification of Conditions Granted 07/01/1997 Rezoning (R-10 to Conditional B-2) Granted 11/13/1996 Rezoning (R-10 to Conditional 0-1) Ind. Def. 7 07/01/1997 Rezoning (R-10 to Conditional B-2) Granted 8 09/22/1998 Rezoning (R-10 to Conditional PD -H2 with A-12 overlay) Granted 9 09/23/2003 Modification of Proffers Granted 09/25/2001 Modification of Proffers Granted SPENCE CROSSING RESIDENTIAL, INC. Agenda Item 3 Page 7 SPENCE CROSSING RESIDENTIAL, INC. Agenda Item 3 Page 8 05/15/2001 07/14/1998 Conditional Use Permit (Gas Station) Rezoning (R -5D to Conditional B-2) Granted Granted 10 07/01/2003 Modification of Proffers Granted 07/14/1998 Rezoning (R -5D to Conditional B-2) Granted 01/27/1986 Conditional Use Permit (Church) Granted 11 09/10/2013 Conditional Use Permit (Indoor Commercial Recreation Facility) Granted 10/11/2011 Conditional Use Permit (Recreation Facility) Granted 01/11/1996 Modification of Proffers Granted 07/11/1995 Rezoning (R -5D to Conditional B-2) Granted 12 03/25/2003 Conditional Use Permit (Bulk Storage Yard) Granted 06/22/1999 Rezoning (R -5D to Conditional B-2) Granted 13 05/27/2014 Conditional Use Permit (Senior Housing/Housing for Disabled) Granted 05/27/2014 Modification of Proffers Granted 02/08/2011 Rezoning (PD -H1 to Conditional 0-2) Granted 14 02/08/2011 Rezoning (PD -H1 to Conditional 0-2) Granted SPENCE CROSSING RESIDENTIAL, INC. Agenda Item 3 Page 8 u II 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) Spence Crossing Residential, inc.: ; Helen E. Dragas, President; Sarah Horvath, Vice President; Brian Kokoska, Vice President; Joyce B. Witt, Secretary; Robert C. Makin, Treasurer 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 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. 1 & 2 See next page for footnotes Does an official or em Ioyee of City of Virginia Beach have an interest in the subject land? Yes II No X If yes, what is the name of the official or employee and the nature of their interest? 1 I DISCLOSURE STATEMENT SPENCE CROSSING RESIDENTIAL, INC. Agenda Item 3 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) The Pinnacle Group Sykes, Bourdon, Ahern & Levy, P.C. MSA, P.C. Kaufman & Canoles, P.C. 1 "Parent -subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Govemment Conflict of Interests Act, Va. Code § 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. ,-rgovtAt auto- c_ thAK/4.3 Applicant's Signature Print Name Property Owner's Signature (if different than applicant) Print Name DISCLOSURE STATEMENT SPENCE CROSSING RESIDENTIAL, INC. Agenda Item 3 Page 10 Item #3 Spence Crossing Residential, Inc. Change of Zoning Southeast corner of Salem Road and Lynnhaven Parkway District 1 Centerville September 10, 2014 CONSENT An application of Spence Crossing Residential, Inc. for a Change of Zoning (Conditional PD -H2 [A-12] District to P-1 Preservation District) on property located on the Southeast corner of Salem Road and Lynnhaven Parkway, District 1, Centerville. GPIN: Part of 1485055576 A motion was made by Commissioner Hodgson and seconded by Commissioner Horsley to approve item 3. AYE 11 NAY 0 ABS 0 ABSENT 0 BROCKWELL AYE HODGSON AYE HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE RUCINSKI AYE RUSSO AYE THORNTON AYE WEINER AYE By a vote of 11-0, the Commission approved item 3 for consent. Eddie Bourdon appeared before the Commission on behalf of the applicant. Zoning with Conditions/Proffers, Open Space Promotion uCI N1CyLl CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: KEMPDEL, INC. (Applicant/Owner), Conditional Change of Zoning (Conditional B-1 Business to Conditional PD -H2 [A-12] Planned Development). 2020 Round Hill Road and 2725 South Independence Boulevard (GPIN 1475418475; 1475417786). COUNCIL DISTRICT — CENTERVILLE. MEETING DATE: October 7, 2014 • Background: The applicant requests a Change of Zoning for two existing parcels from B-1 Neighborhood Business District to Conditional PD -H2 [A-12 Apartment] Planned Development District. The purpose of the Change of Zoning is to construct a 22 - unit single-family residential condominium community. The site was originally part of the Glenwood Land Use Plan, approved by the City Council on January 1, 1984. On December 5, 1995 the site was rezoned from PD -H2 Planned Housing Development to B-1 Neighborhood Commercial District for the purpose of developing a neighborhood shopping center. In 1997, the corner parcel was developed with a Rite Aid pharmacy; that building is now vacant. The two other parcels rezoned in 1995 did not develop. • Considerations: The submitted plan shows 22 single-family residential condominium units being developed on the site. The density of the proposed development is 7.4 units per acre. Vehicular access for the site will be via existing driveways located on South Independence Boulevard and Round Hill Drive. Circulation throughout the site will be accommodated with private roads. The proposed density is higher than the surrounding residential area, which ranges in density from 4.20 to 5.95 units per acre. The proposed development, however, will provide a transition from the commercial property to the west and the single-family dwellings to the north and east. That area of the Glenwood Planned Development has a maximum density of 5.68 units per acre. To further maximize compatibility, the applicant, after discussion with residents of the surrounding area and the civic league, proffered that 6 of the 13 dwellings adjacent to the north and east property lines will be limited to a height of two stories. Further details pertaining to the site and building plans, as well as Staff's evaluation of the request, are provided in the attached staff report. I KEMPDEL Page2of4 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 10-0-1, to recommend approval of this Conditional Change of Zoning to the City Council as proffered: PROFFER 1: When developed, the Property shall be developed as a residential condominium containing no more than twenty-two (22) units in substantial conformity with the conceptual site plan entitled "Preliminary Site Plan of HoneyBee Village for Kemp Del, Inc.", dated 10/08/13, prepared by Kellam- Gerwitz (the "Concept Plan") a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. PROFFER 2: When the property is developed, Grantor shall install landscaping in substantial conformity with the "Landscape Concept of HoneyBee Village for Kemp Del, Inc.", dated 10/08/13, prepared by Kellam-Gerwitz (the "Landscape Plan") a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. PROFFER 3: When developed, the residential structures constructed on the Property shall be in substantial conformity with the architectural designs shown on the four (4) elevations designated HoneyBee Village Condominium "MODEL A"; "MODEL B"; "MODEL C"; and "MODEL D" (the "Elevations"), copies of which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. PROFFER 4: The exterior building materials to be utilized as depicted on the Elevations will be vinyl 5" double grain clapboard, vinyl double 5" wood grain dutch lap, cedar shake impressions, partial brick fronts and thirty (30) year architectural shingles. PROFFER 5: No balcony feature(s) will be located on any facade of a residential unit located on the Property that faces a residential unit located on an adjacent parcel. PROFFER 6: Residential units located adjacent to Round Hill Road, when developed, shall be designed so that both the facade facing Round Hill Road and the facade KEMPDEL Page 3 of 4 facing the internal private street providing vehicular access to such units appear to be the "front" of the unit (including a door and entranceway feature). PROFFER 7: Other than (a) patios, (b) decks, (c) fencing as described in Proffer 10, below, and (d) one (1) accessory shed containing no more than 150 square feet of floor area (and no taller than 10' in height measured to the peak of the roof), no other accessory structures or permanent improvements (including but not limited to swimming pools) will be located in the rear or side yards of any residential unit developed on the Property. Any shed constructed on the Property will be constructed using materials and colors that are complementary to those used for the primary residential building. PROFFER 8: 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 Conceptual Plan. PROFFER 9: The dimensional requirements applicable to the residential units developed on the Property shall be as follows: • Minimum setback from Independence Boulevard- 30 feet • Minimum setback from Round Hill Drive- 30 feet • Minimum rear yard and side yard setback (for primary residential buildings) from adjacent parcels zoned for residential uses- 20 feet • Minimum rear yard and side yard setback (for primary residential buildings) from adjacent parcels zoned P-1- 12 feet • Minimum rear yard and side yard setback (for accessory structures and improvements other than fencing) from adjacent parcels- 5 feet • Minimum distance from dwelling to edge of curb on interior street- 4.5 feet • Minimum distance between residential buildings- 7 feet • Maximum fence height for interior unit/yard solid fences for all units- 6 feet • Maximum height of residential units- 39 feet PROFFER 10: The areas depicted on the Concept Plan which will not be occupied by residential dwellings, fenced rear yards (limited common elements), drive aisles, and driveways are open spaces which shall be utilized as such. Open spaces shall be rezoned to P-1 Preservation District prior to Site Plan approval and shall be maintained and used by the Condominium Association KEMPDEL Page 4 of 4 consistent with the intent and regulations set forth in Article 3 of the Zoning Ordinance ("Preservation District"). PROFFER 11: A six foot (6') tall vinyl fence shall be installed along the shared property line between any residential unit located on the Property and an adjacent residentially -zoned parcel. Such fences shall be maintained by the Condominium Association, and in the event that the fence is located adjacent to another fence located on an abutting parcel, the Condominium Association shall cause the area between the fences to be treated at least every two (2) years in order to prevent growth of vegetation. PROFFER 12: Freestanding signage located at the Property's vehicular entrances from Round Hill Drive and S. Independence Boulevard shall be monument style, no larger than eight feet (8') in height, and shall have a brick base. PROFFER 13: No outdoor lighting (other than lighting mounted to the facade of the first floor level of a primary residential structure) shall be located on the Property within the 20' and 12' building setback areas located along the Property's northern and eastern boundary lines, as depicted on the Concept Plan. PROFFER 14: On -street parking shall not be permitted within the private roadways located on the Property, as depicted on the Concept Plan. PROFFER 15: The vehicular access point to the Property from S. Independence Boulevard, as depicted on the Concept Plan, will be right-in/right-out only, and appropriate associated measures will be addressed during site plan review. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Conditional Zoning Agreement Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manage l CENTERVILLE E -u Alap No W 9,^.aH Kempdel, Inc. Conditional Zoning Change from B•1 to Conditional A•12/ (PDH -2) D-1 September 10, 2014 APPLICANT: KEMPDEL, INC. PROPERTY OWNER: RITE AID OF VIRGINIA, INC. STAFF PLANNER: Kevin Kemp REQUEST: Conditional Change of Zoning (B-1 Business to PD-H2[A-121) ADDRESS / DESCRIPTION: 2020 Round Hill Road & 2725 South Independence Blvd GPIN: 14754184750000; 14754177860000 ELECTION DISTRICT: SITE SIZE: CENTERVILLE 2.988 acres AICUZ: Less than 65 dB DNL 4 BACKGROUND / DETAILS OF PROPOSAL Background The applicant proposes to rezone two existing B-1 Neighborhood Business District parcels to PD -H2 Planned Development District [A-12 Apartment], in order to construct a 22 unit single-family residential condominium community. The site is part of the Glenwood Land Use Plan that was approved on January 1, 1984. According to this plan, the site was intended for municipal and daycare use. On February 25, 1985, the site was rezoned along with the rest of the Glenwood community, from R-5 Residential District to PD -H2 Planned Housing Development. The site was never developed. On December 5, 1995 the site was rezoned from PH -H2 Planned Housing Development to B-1 Neighborhood Commercial District. The application depicted a multi -building commercial center. In 1997 the corner parcel was developed with a Rite Aid pharmacy. The two subject parcels included in this request have remained undeveloped. This request was originally on the agenda for the May 14, 2014 Planning Commission meeting; however, the application was indefinitely deferred to resolve concerns that arose with the adjacent property owners and the Glenwood Community Association. The applicant has met with the concerned parties, and has addressed their concerns to a point where the application is ready to move forward. Details The submitted plan shows 22 single-family residential condominium units being developed on the 2.988 acre site. The site is located in the Glenwood development, in an area that is primary residential. The density of the proposed development is 7.4 units per acre. There will be access points to the community KEMPDEL, INC. — Round Hill Agenda Item D-1 Page 1 from South Independence Boulevard and Round Hill Drive. Circulation throughout the site will be accommodated with private roads. The submitted site plan depicts 21.56% of the site will be open space. The primary open space is a large grass area at the center of the development. This area will serve as a 'village green' area for the residents. There are also open spaces shown along South Independence Boulevard and Round Hill Drive. The existing site is a grass field, void of any trees. Landscaping will be provided by the applicant in the common areas. Additionally, each dwelling unit will have one tree located to the rear of the unit. The applicant will install a 6 foot, maintenance free fence along the entire property lines that run adjacent to the residential area to the north and east of the site. Where there is existing fencing, a gap between the fences may be created. The applicant has proffered that these gaps will be treated every two years to avoid overgrown vegetation. Additionally, there will be a split rail, vinyl fence with category I landscaping installed along the property lines adjacent to public rights-of-way. This fence will be a 'tan' color to accommodate the desire of the adjacent communities for the fence to match their existing wood fences as closely as possible. A monument sign will be located at each of the access points to the development. The sign shall be constructed using brick as depicted on the submitted site plan, and shall meet all applicable zoning requirements. Each residential unit will contain a minimum of three off-street parking spaces. Depending on the model of the unit, one or two of these spaces is located in an attached garage. Additionally, there are 16 guest spaces provided at various locations throughout the site. The applicant has proffered that no on -street parking will be permitted along the interior, private roads. The architecture of the single family dwelling is a mixture of elements taken from various architectural styles. The materials used are vinyl 5" double grain clapboard siding, vinyl double 5" wood grain Dutch lap siding, cedar shake impressions siding and brick. The roofing material will be 30 year architectural shingles. Depending on the model unit and options selected by the home buyer, the units will range from two to three stories in height. No unit will exceed 38.5 feet in height. The size of the units will range from approximately 1,800 square feet to 2,400 square feet. 4 LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Undeveloped vacant site SURROUNDING LAND USE AND ZONING: North: South: East: West: NATURAL RESOURCE AND CULTURAL FEATURES: • Single-family dwellings / R-10 Residential District • South Independence Boulevard • Single-family dwellings and Honeybee Golf Course/ R-10 Residential District and P-1 Preservation District • Round Hill Drive • Commercial Building / B-1 Neighborhood Business District • Single-family dwellings / R-10 Residential District The majority of the site is an undeveloped grass field. There do not appear to be any natural resource or cultural features. The site is located in the Southern Watershed. COMPREHENSIVE PLAN: The Comprehensive Plan designates this site as being within the Suburban Area. The general planning principles for the Suburban Area focus on preserving and protecting the KEMPDEL, INC. - Round Hill Agenda Item D-1 Page 2 overall character, economic value, and aesthetic quality of stable neighborhoods. Achieving the goals of preserving neighborhood quality requires that all new development or redevelopment, whether residential or non-residential, either maintain or enhance the overall area. This is accomplished through compatibility with surroundings, attractiveness of site and buildings, environmental responsibility, livability , and effective buffering of residential from other residential and non-residential with respect to type, size, intensity, and relationship to the surrounding uses. (p.3-1 through 3-3) The Comprehensive Plan's Master Transportation Plan and Major Street Network Ultimate Rights -of -Way classify this section of Round Hill Drive, Lynnhaven to Elbow, as a major collector. This classification calls for a road design with an ultimate right-of-way of 80 feet to provide up to four lanes, accommodating shared use path and sidewalk, and a curb and gutter. Additionally, the Master Transportation Plan and Ultimate Rights -of -Way classify this section of S. Independence, Salem to Indian River, as a minor arterial. This classification calls for a road design with an ultimate right-of-way of 110 feet to provide four lanes, accommodating shared use path and sidewalk, landscaped median, and curb and gutter. (pp 6-5 and 6-7) 4 0 IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP) / CAPITAL IMPROVEMENT PROGRAM (CIP): South Independence Boulevard in the vicinity of this application is considered a two-lane undivided minor suburban arterial. The Master Transportation Plan proposes a four -lane facility within a 110 -foot right-of- way. Currently this segment of roadway is functioning at a Level of Service C or better. Round Hill Drive in the vicinity of this application is considered a four -lane undivided collector. The Master Transportation Plan proposes a four -lane facility within an 80 -foot right-of-way. No Capital Improvement Program projects are slated for this area. TRAFFIC: Street Name Present Volume Present Capacity Generated Traffic South Independence Boulevard 6,609 ADT 1 13,600 ADT 1(Level of Service "C") — 15,000 ADT (Level of Service "D")- 16,200 ADT 1 (Level of Service "E") Existing Land Use 2 - 1,644 ADT Proposed Land Use 3 — 211 ADT Round Hill Drive No data available No data available ' Average Daily Trips 2as defined by B-1 zoning- 2.988 acres 3as defined by 22 single family dwelling units WATER: This site must connect to City water. There is an existing 16 -inch city water main along South Independence Boulevard. There is an existing 12 -inch city water main along Round Hill Drive. SEWER: The site is already connected to city sanitary sewer. There is an existing 8 -inch city sanitary KEMPDEL, INC. - Round. Hill Agenda ItemD-1 Page 3 sewer gravity main along Round Hill Drive. There is an existing 30 -inch HRSD force main along Round Hill Drive. Sanitary sewer and pump station analysis for pump station #563 is required to determine if future flows can be accommodated. SCHOOLS: School ECurrent nrollment Capacity Generation 1 Change 2 Glenwood Elementary 877 1001 3 3 Salem Middle 1009 1044 2 2 Salem High 1774 1932 3 3 '"generation" represents the number of students that the development will add to the school 2 "change" represents the difference between generated students under the existing zoning and under the proposed zoning. The number can be positive (additional students) or negative (fewer students). EVALUATION AND RECOMMENDATION This request is to rezone two parcels consisting of 2.988 acres to allow for 22 single-family condominium units to be developed. The property is currently zoned Conditional B-1, which does not permit residential uses. Therefore, the applicant wishes to rezone the property to PD -H2 Planned Unit Development Housing District with an A-12 Apartment District as the underlying district. The A-12 Apartment District allows the development to achieve the desired density of 7.36 units per acre. The use of PD -H2 allows the applicant to specify the building setbacks and height. The PD -H2 Planned Unit Development District typically requires a minimum lot size of five acres. The Zoning Ordinance allows some consideration of petitions when the overall design will be a benefit to the community. As this site is below the typically accepted acreage for a PD -H development, the applicant indicated the necessity to place buildings as close as seven feet apart in order to create the centrally located usable open spaces desired by Staff. The result is open space areas that exceed the minimum requirement of 15 percent of the site area, provide buffering from the rights-of-way to the future residents, and create usable open spaces for neighborhood gatherings and recreational purposes. Originally, the site plan submitted with the application showed additional units with a resulting density of 10 units to the acre. Staff advised the applicant that based on surrounding land uses and zonings, the amount of homes proposed was simply too much. The proposal as adjusted by the applicant has resulted in a proposed development with 22 homes at a density of 7.36 units per acre. It is Staffs opinion that while this density is higher than the residential uses immediately adjacent, with densities in the range of 4.20 to 5.95 units to the acre, the request will provide a transition from the commercial property to the west and the single family dwellings adjacent. The single family community directly adjacent to the property to the north and east has a density of 5.68 units per acre. Staff believes that the new residences will serve as a good transition between uses and is an acceptable alternative to the existing zoning for commercial development. KEMPDEL, INC. `— Round -Hill Agenda ItemD-1 Page 4 DENSITY=S.65 UNITS PER ACRE GLENWOOD RECREATION CENTER COASTAL COMMUNITY CHURCH COMM*RCIAL 1.• AC. DENSITY=5.68 UNITS PER ACRE KEMPDEI. SITE- DENSITY=7.38 UNITS PER ACRE COMMERCIAL - PREVIOUSLY RITE AID ) DENSITY=4.21 UNITS PER ACRE The proposed single-family condominium development is generally consistent with the Comprehensive Plan's land use goals and policies for the Suburban Area and the Suburban Area Design Guidelines. A brief description of how the proposal measures up to the Guidelines is described below. SITE DESIGN: Access and Circulation - No new curb cuts will be added to accommodate access to the site. Utilization of the existing access points from both rights-of-way, Round Hill Drive and South Independence Boulevard, is proposed. The access point along Independence Boulevard is proffered to be right-in/right-out only. Vehicular access to all the dwelling units is from new, interior private streets. Existing easements will continue to provide vehicular access to the adjacent commercial properties. Internal pedestrian sidewalks are proposed along only portions of the new road, providing pathways to mailboxes and open spaces. Parking Areas — The parking strategy proposed by the applicant meets the requirements of the Zoning Ordinance. Each residential dwelling unit is designed to provide parking spaces for a minimum of three vehicles. Depending on the dwelling unit model, the parking is accounted for within one and two car garages and utilizing one or two parking spaces in the driveway. Sixteen guest parking spaces are provided throughout the community, primarily in areas adjacent to the commercial properties. The private streets are proffered not to accommodate on -street parking. KEMPDEL, INC. — Round Hill Agenda Item D-1 Page 5 Landscaping - The proffered concept plan and the Landscape Plan depict large shade trees to be planted throughout the site. The typical unit planting plan consists of a very small amount of foundation plants and plants between the units as well as one large shade tree to be planted in the rear of each unit. A three-foot tall, split rail fence with shrubs is proposed along both rights -of -ways, creating delineations between the roadways and the adjacent open space areas. A six-foot high, vinyl fence is proposed along the property lines adjacent to the existing residential units to the north and east. The predominate, usable open space area in the middle of the property is depicted with several trees but was designed to remain open to encourage small scale events and ball play. The plan does fall short of screening the future residents from the commercial property immediately adjacent. In the event that this commercial property is redeveloped, Staff will have an opportunity to require screening and buffering as well as other upgrades to that site. Stormwater Management as Landscape Features — While no substantive information was provided on stormwater management strategies, preliminarily, the applicant has indicated the likely use of bioretention in the open space areas along the rights-of-way. It should be noted that as the predominate open space area in the middle of the property is designed to be just that, an open usable recreation space, no stormwater management facilities will be permitted in that area. Lighting— In an effort to reduce light pollution and its negative impacts to surrounding properties, the proffer agreement prohibits the installation of outdoor lighting on the rear of the units at locations above the first floor, adjacent to the existing residences to the north and east. Signage — The proffer agreement limits any freestanding signage to a monument style with a brick base, no larger than eight feet in height. Setback and Building Locations — Staff is generally not supportive of dwellings located any closer to each other than 12 feet. The proposed rezoning is with a PD -H overlay which allows the neighborhood to have a unique set of setbacks. As this site is below the typically accepted acreage for a PD -H development, the applicant indicated the necessity to place buildings as close as seven feet apart in order to create the usable open spaces desired by Staff. The result is open space areas that exceeds the minimum requirement of 15 percent of the site area, provides buffering from the rights-of-way to the future residents, and creates usable open spaces for neighborhood gatherings and small games. BUILDING DESIGN: Building Mass and Scale — As noted earlier, often higher density residential (townhomes or apartments) between single family neighborhoods and commercial uses serve as good "buffers" or transitions between uses. It is important to note that with a maximum height of the homes proposed at 38.5 feet, along with the building footprints being as close as seven feet, the mass and scale of the community will certainly appear larger and denser than the surrounding homes. Be that as it may, Staff believes == MES that the new residences will serve as a good transition between uses and is a preferred alternative to the existing zoning for commercial development. Additionally, addressing concerns of the adjacent community and civic association, the applicant has proffered that six of the homes directly abutting the adjacent neighborhood will be limited to 2 -stories in height. - two story dwelling unit Proportion of Building Components — While the individual architectural elements proposed such as overhangs at the entrances, change in exterior materials, window and door details and varying rooflines are desirable, it is Staffs opinion that the elements of the buildings' facades are awkward and KEMPDEL, INC. — Round Hill Agenda Item D-1 Page 6 disproportionate, and recommends further consideration to cohesive building design, detail, material and texture. This would achieve a more unified style. Color and Building Materials — The proffered color building elevations and the list of the proffered building materials of vinyl wood -grain clapboard and Dutch lap siding, cedar shake siding and accents, partial brick fronts and 30 -year architectural shingles are all consistent with the Design Guidelines. Additional Design Considerations —To enhance the aesthetic appeal of the community as viewed from the rights-of-way, it has been proffered that any building facade that directly faces Round Hill Drive or Independence Boulevard will appear as a "front", including a door and entrance feature. It has also been proffered that no balcony feature will be located on any building facade that faces a residential unit on an adjacent property, with the purpose of lessening the impact of the proposed community on the adjacent properties. Rear facades wdl appear as "fronts", including door and entrance feature Height limited to 2 story dwelling units only Staff finds this proposal is generally compatible with the Comprehensive Plan with regard to use. Staff recommends approval of this request with the submitted proffers. The proffers are provided 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 KEMPDEL, INC. — Round Hill Agenda Item D-1 Page 7 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 developed, the Property shall be developed as a residential condominium containing no more than twenty-two (22) units in substantial conformity with the conceptual site plan entitled "Preliminary Site Plan of HoneyBee Village for Kemp Del, Inc.", dated 10/08/13, prepared by Kellam-Gerwitz (the "Concept Plan") a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. PROFFER 2: When the property is developed, Grantor shall install landscaping in substantial conformity with the "Landscape Concept of HoneyBee Village for Kemp Del, Inc.", dated 10/08/13, prepared by Kellam- Gerwitz (the "Landscape Plan") a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. PROFFER 3: When developed, the residential structures constructed on the Property shall be in substantial conformity with the architectural designs shown on the four (4) elevations designated HoneyBee Village Condominium "MODEL A"; "MODEL B"; "MODEL C"; and "MODEL D" (the "Elevations"), copies of which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. PROFFER 4: The exterior building materials to be utilized as depicted on the Elevations will be vinyl 5" double grain clapboard, vinyl double 5" wood grain dutch lap, cedar shake impressions, partial brick fronts and thirty (30) year architectural shingles. PROFFER 5: No balcony feature(s) will be located on any facade of a residential unit located on the Property that faces a residential unit located on an adjacent parcel. PROFFER 6: Residential units located adjacent to Round Hill Road, when developed, shall be designed so that both the facade facing Round Hill Road and the facade facing the internal private street providing vehicular access to such units appear to be the "front" of the unit (including a door and entranceway feature). PROFFER 7: Other than (a) patios, (b) decks, (c) fencing as described in Proffer 10, below, and (d) one (1) accessory shed containing no more than 150 square feet of floor area (and no taller than 10' in height measured to the peak of the roof), no other accessory structures or permanent improvements (including but not limited to swimming pools) will be located in the rear or side yards of any residential unit developed on the Property. Any shed constructed on the Property will be constructed using materials and colors that are complementary to those used for the primary residential building. PROFFER 8: 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 Conceptual Plan. KEMPDEL, INC. Round Hill Agenda Item D-1 Page 8 PROFFER 9: The dimensional requirements applicable to the residential units developed on the Property shall be as follows: • Minimum setback from Independence Boulevard- 30 feet • Minimum setback from Round Hill Drive- 30 feet • Minimum rear yard and side yard setback (for primary residential buildings) from adjacent parcels zoned for residential uses- 20 feet • Minimum rear yard and side yard setback (for primary residential buildings) from adjacent parcels zoned P-1- 12 feet • Minimum rear yard and side yard setback (for accessory structures and improvements other than fencing) from adjacent parcels- 5 feet • Minimum distance from dwelling to edge of curb on interior street- 4.5 feet • Minimum distance between residential buildings- 7 feet • Maximum fence height for interior unit/yard solid fences for all units- 6 feet • Maximum height of residential units- 39 feet PROFFER 10: The areas depicted on the Concept Plan which will not be occupied by residential dwellings, fenced rear yards (limited common elements), drive aisles, and driveways are open spaces which shall be utilized as such. Open spaces shall be rezoned to P-1 Preservation District prior to Site Plan approval and shall be maintained and used by the Condominium Association consistent with the intent and regulations set forth in Article 3 of the Zoning Ordinance ("Preservation District"). PROFFER 11: A six foot (6') tall vinyl fence shall be installed along the shared property line between any residential unit located on the Property and an adjacent residentially -zoned parcel. Such fences shall be maintained by the Condominium Association, and in the event that the fence is located adjacent to another fence located on an abutting parcel, the Condominium Association shall cause the area between the fences to be treated at least every two (2) years in order to prevent growth of vegetation. PROFFER 12: Freestanding signage located at the Property's vehicular entrances from Round Hill Drive and S. Independence Boulevard shall be monument style, no larger than eight feet (8') in height, and shall have a brick base. PROFFER 13: No outdoor lighting (other than lighting mounted to the facade of the first floor level of a primary residential structure) shall be located on the Property within the 20' and 12' building setback areas located along the Property's northern and eastern boundary lines, as depicted on the Concept Plan. PROFFER 14: On -street parking shall not be permitted within the private roadways located on the Property, as depicted on the Concept Plan. PROFFER 15: The vehicular access point to the Property from S. Independence Boulevard, as depicted on the Concept Plan, will be right-in/right-out only, and appropriate associated measures will be addressed during site plan review. PROFFER 16: KEMPDEL, INC. — Round Hill Agenda Item D-1 Page 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. The City Attorney's Office has reviewed the proffer agreement dated November 27, 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 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 or Change of Zoning 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. KEMPDEL, INC. - Round, HiII Agenda Item D-1 Page 10 AERIAL OF SITE LOCATION KEMPDEL, INC. — Round Hill Agenda Item D-1 Page 11 aas ;t,. ig e. // 3 ili da i h liliI. N P3i li i 5.AllI!Ifhlig PRELIMINARY SITE PLAN DRAWING KEMPDEL, INC. — Round Hill Agenda Item D-1 Page 12 1 11 W 1 1. iib ii5 OiZ V N i U �ci u p r3 II r w,WSP .,�71 s38 a. u .�rA�a S i i U x 111 BSI oat e LANDSCAPE CONCEPT PLAN DRAWING KEMPDEL, INC. — Round Hill Agenda Item D-1 Page 13 BUILDING TYPE "A" RENDERING KEMPDEL, INC. — Round Hill Agenda Item D-1 Page 14 BUILDING TYPE "B" RENDERING KEMPDEL, INC. — Round Hill Agenda Item D-1 Page 15 BUILDING TYPE "C" RENDERING KEMPDEL, INC. — Round Hill Agenda Item D-1 Page 16 BUILDING TYPE "D" RENDERING KEMPDEL, INC. — Round Hill Agenda Item D-1 Page 17 PROPOSED MONUMENT SIGN KEMPDEL, INC. — Round Hill Agenda Item D-1 Page 18 CENTERVILLE E-11 Map Not to Scale Kempdel, Inc. • Zoning with Conditions/Proffers, Open Space Promotion Conditional Zoning Change from B-1 to Conditional A-12/ (PDH -2) ZONING HISTORY # DATE REQUEST ACTION 1 12/3/2013 Conditional Use Permit (Religious Use) Approved 10/17/1995 Change of Zoning (B-1 to R-10) Approved 2 12/05/1995 Change of Zoning (PD -H2 to B-1) Approved 3 07/09/1990 Change of Zoning (PD -H2 to P-1) Approved 4 12/09/1985 Change of Zoning (PD -H2 to P-1) Approved 5 02/25/1985 Change of Zoning (R-5 to PD -H2) Approved 6 01/01/1984 Land Use Plan (Glenwood) Approved KEMPDEL, INC. — Round Hill Agenda Item D-1 Page 19 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) George Kemp -- President; Paul Angelson -- Vice President/Secretary/Treasurer 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) None. nCheck 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 following: 1. List the property owner name followed by the names of all officers, members, trustees, partners, etc. below: (Attach list if necessary) Please see attached. 2. List all businesses that have a parent-subsidiary1 or affiliated business entity2 relationship with the applicant: (Attach list if necessary) Please see attached. riCheck here if the property owner is NOT a corporation, partnership, firm, business, or other unincorporated organization. 1 & 2 See next page for footnotes Does an official or em Ioyee 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? \1/A 1 1 1 1 DISCLOSURE STATEMENT KEMPDEL, INC. Round Hill Agenda Item D-1 Page 20 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) Troutman Sanders LLP -- Legal Services Kellam Gerwitz -- Engineering Services "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. ` "Affiliated business entity relationship' means "a relationship, other than parent - subsidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner in the other entity, or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va. Code § 2.2-3101. 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 v$,W%the si a for purposes of processing and evaluating this application. •� 71 %' i /1 AppfiCar signayure l ' / Pri Name J. Notatiannl Vice President Real Estate - Law Print Name Pro wner's Signature (if different than applicant) J DISCLOSURE STATEMENT KEMPDEL, INC. — Round Hill Agenda Item D-1 Page 21 Item #D1 Kempdel, Inc. Conditional Change of Zoning 2020 Round Hill Road & 2725 South Independence Boulevard District 1 Centerville September 10, 2014 CONSENT An application of Kempdel, Inc. for a Conditional Change of Zoning (B-1 Business to PD-H2[A- 12]) on property located at 2020 Round Hill Road & 2725 South Independence Boulevard, District 1, Centerville. GPIN: 14754184750000; 14754177860000. PROFFERS PROFFER 1: When developed, the Property shall be developed as a residential condominium containing no more than twenty-two (22) units in substantial conformity with the conceptual site plan entitled "Preliminary Site Plan of HoneyBee Village for Kemp Del, Inc.", dated 10/08/13, prepared by Kellam-Gerwitz (the "Concept Plan") a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. PROFFER 2: When the property is developed, Grantor shall install landscaping in substantial conformity with the "Landscape Concept of HoneyBee Village for Kemp Del, Inc.", dated 10/08/13, prepared by Kellam-Gerwitz (the "Landscape Plan") a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. PROFFER 3: When developed, the residential structures constructed on the Property shall be in substantial conformity with the architectural designs shown on the four (4) elevations designated HoneyBee Village Condominium "MODEL A"; "MODEL B"; "MODEL C"; and "MODEL D" (the "Elevations"), copies of which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. PROFFER 4: The exterior building materials to be utilized as depicted on the Elevations will be vinyl 5" double grain clapboard, vinyl double 5" wood grain dutch lap, cedar shake impressions, partial brick fronts and thirty (30) year architectural shingles. Item #D1 Kempdel, Inc. Page 2 PROFFER 5: No balcony feature(s) will be located on any facade of a residential unit located on the Property that faces a residential unit located on an adjacent parcel. PROFFER 6: Residential units located adjacent to Round Hill Road, when developed, shall be designed so that both the fagade facing Round Hill Road and the fagade facing the internal private street providing vehicular access to such units appear to be the "front" of the unit (including a door and entranceway feature). PROFFER 7: Other than (a) patios, (b) decks, (c) fencing as described in Proffer 10, below, and (d) one (1) accessory shed containing no more than 150 square feet of floor area (and no taller than 10' in height measured to the peak of the roof), no other accessory structures or permanent improvements (including but not limited to swimming pools) will be located in the rear or side yards of any residential unit developed on the Property. Any shed constructed on the Property will be constructed using materials and colors that are complementary to those used for the primary residential building. PROFFER 8: 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 Conceptual Plan. PROFFER 9: The dimensional requirements applicable to the residential units developed on the Property shall be as follows: • Minimum setback from Independence Boulevard- 30 feet • Minimum setback from Round Hill Drive- 30 feet • Minimum rear yard and side yard setback (for primary residential buildings) from adjacent parcels zoned for residential uses- 20 feet • Minimum rear yard and side yard setback (for primary residential buildings) from adjacent parcels zoned P-1- 12 feet • Minimum rear yard and side yard setback (for accessory structures and improvements other than fencing) from adjacent parcels- 5 feet • Minimum distance from dwelling to edge of curb on interior street- 4.5 feet • Minimum distance between residential buildings- 7 feet • Maximum fence height for interior unit/yard solid fences for all units- 6 feet • Maximum height of residential units- 39 feet Item #D1 Kempdel, Inc. Page 3 PROFFER 10: The areas depicted on the Concept Plan which will not be occupied by residential dwellings, fenced rear yards (limited common elements), drive aisles, and driveways are open spaces which shall be utilized as such. Open spaces shall be rezoned to P-1 Preservation District prior to Site Plan approval and shall be maintained and used by the Condominium Association consistent with the intent and regulations set forth in Article 3 of the Zoning Ordinance ("Preservation District"). PROFFER 11: A six foot (6') tall vinyl fence shall be installed along the shared property line between any residential unit located on the Property and an adjacent residentially -zoned parcel. Such fences shall be maintained by the Condominium Association, and in the event that the fence is located adjacent to another fence located on an abutting parcel, the Condominium Association shall cause the area between the fences to be treated at least every two (2) years in order to prevent growth of vegetation. PROFFER 12: Freestanding signage located at the Property's vehicular entrances from Round Hill Drive and S. Independence Boulevard shall be monument style, no larger than eight feet (8') in height, and shall have a brick base. PROFFER 13: No outdoor lighting (other than lighting mounted to the facade of the first floor level of a primary residential structure) shall be located on the Property within the 20' and 12' building setback areas located along the Property's northern and eastern boundary lines, as depicted on the Concept Plan. PROFFER 14: On -street parking shall not be permitted within the private roadways located on the Property, as depicted on the Concept Plan. PROFFER 15: The vehicular access point to the Property from S. Independence Boulevard, as depicted on the Concept Plan, will be right-in/right-out only, and appropriate associated measures will be addressed during site plan review. PROFFER 16: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. Item #D1 Kempdel, Inc. Page 4 A motion was made by Commissioner Hodgson and seconded by Commissioner Horsley to approve item D1. AYE 10 NAY 0 ABS 1 ABSENT 0 BROCKWELL AYE HODGSON AYE HORSLEY AYE INMAN OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE WEINER AYE ABS By a vote of 10, with the abstention so noted, the Commission approved item D1 by consent. R.J. Nutter appeared before the Commission on behalf of the applicant. In Reply Refer To Our File No. DF -8885 TO: Mark D. Stiles FROM: B. Kay Wilso RE: CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: September 24, 2014 DEPT: City Attorney DEPT: City Attorney Conditional Zoning Application; Kempdel, Inc. The above -referenced conditional zoning application is scheduled to be heard by the City Council on October 7, 2014. I have reviewed the subject proffer agreement, dated November 27, 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 AGREEMENT THIS AGREEMENT (this "Agreement"), made this day of November, 2013, by and between KEMPDEL, INC., a Virginia corporation ("Kempdel") (to be indexed as grantor); RITE AID OF VIRGINIA, INC., a Virginia corporation ("Rite Aid") (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, Rite Aid is the current owner and Kempdel the contract purchaser of that certain property located in the City of Virginia Beach, Virginia, identified by GPIN Nos. 1475- 41-8475-0000; 1475-41-7786-0000, as more particularly described in Exhibit A attached hereto and incorporated herein by reference (the "Property"); and WHEREAS, the Grantor has initiated an amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee, so as to change the classification of the Property from B-1 to Conditional A-12/PD-H2; and WHEREAS, this Agreement is intended to supersede and replace the any prior proffers affecting the Property in their entirety; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes, including mixed-use purposes, through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that competing and sometimes incompatible uses conflict, and that in order to permit differing uses on and in the area of the subject Property and at the same time to recognize the effects of the 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 Conditional A-12/PD-H2 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 part of the proposed conditional amendment to the Zoning Map, in addition to the regulations provided for in the existing A-12/PD-H2 zoning districts by the existing City's Zoning Ordinance (CZO), 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 new Zoning Map relative to the Property, all of which have a reasonable relation to the rezoning and the need for which is generated by the rezoning; and GPIN Nos. 1475-41-8475-0000; 1475-41-7786-0000 21994400v2 WHEREAS, said conditions having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, such conditions shall continue in full force and effect until a 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 the 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. NOW THEREFORE, the Grantor, for itself, its successors, 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 of quid pro quo 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 covenants and agrees that these proffers (collectively, the "Proffers") 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 Grantor, its heirs, personal representatives, assigns, grantees and other successors in interest or title, namely: 1. When developed, the Property shall be developed as a residential condominium containing no more than twenty-two (22) units in substantial conformity with the conceptual site plan entitled "Preliminary Site Plan of HoneyBee Village for Kemp Del, Inc.", dated 10/08/13, prepared by Kellam-Gerwitz (the "Concept Plan") a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 2. When the Property is developed, Grantor shall install landscaping in substantial conformity with the "Landscape Concept of HoneyBee Village for Kemp Del, Inc.", dated 10/08/13, prepared by Kellam-Gerwitz (the "Landscape Plan") a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 3. When developed, the residential structures constructed on the Property shall be in substantial conformity with architectural designs shown on the four (4) elevations designated HoneyBee Village Condominium "MODEL A"; "MODEL B"; "MODEL C"; and "MODEL D" (the "Elevations"), copies of which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. 21994400v2 2 4. The exterior building materials to be utilized as depicted on the Elevations will be vinyl 5" double grain clapboard, vinyl double 5" wood grain dutch lap, cedar shake impressions, partial brick fronts and thirty (30) year architectural shingles. 5. No balcony feature(s) will be located on any facade of a residential unit located on the Property that faces a residential unit located on an adjacent parcel. 6. Residential units located adjacent to Round Hill Road, when developed, shall be designed so that both the facade facing Round Hill Road and the facade facing the internal private street providing vehicular access to such units appear to be the "front" of the unit (including a door and entranceway feature). 7. Other than (a) patios, (b) decks, (c) fencing as described in Proffer 11, below, and (d) one (1) accessory shed containing no more than 150 square feet of floor area (and no taller than 10' in height as measured to the peak of the roof), no other accessory structures or permanent improvements (including but not limited to swimming pools) will be located in the rear or side yards of any residential unit developed on the Property. Any shed constructed on the Property will be constructed using materials and colors that are complementary to those used for the primary residential building. 8. 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 Conceptual Plan. 9. The dimensional requirements applicable to the residential units developed on the Property shall be as follows: • Minimum setback from S. Independence Boulevard 30 feet • Minimum setback from Round Hill Drive 30 feet 21994400v2 • Minimum rear yard and side yard setback (for primary residential buildings) from adjacent parcels zoned for residential uses • Minimum rear yard and side yard setback (for primary residential buildings) from adjacent parcels zoned P-1 • Minimum rear yard and side yard setback (for accessory structures and improvements other than fencing) from adjacent parcels 3 20 feet 12 feet 5 feet (for accessory structures and improvements other than fencing) from adjacent parcels • Minimum distance from dwelling to edge of curb on interior street • Minimum distance between residential buildings • Maximum fence height for interior unit/yard solid fences for all units • Maximum height of residential units 5 feet 4.5 feet 7 feet 6 feet 39 feet 10. The areas depicted on the Concept Plan which will not be occupied by residential dwellings, fenced rear yards (limited common elements), drive aisles, parking spaces, and driveways are open spaces which shall be utilized as such. If required under the City Zoning Ordinance at the time of final Site Plan approval, open spaces shall be rezoned to P-1 Preservation District prior to final Site Plan approval. The open spaces shall be maintained by the Condominium Association, and shall be used only for recreational and open space purposes. 11. A six foot (6') tall vinyl fence shall be installed along the shared property line between any residential unit located on the Property and an adjacent residentially -zoned parcel. Such fence shall be maintained by the Condominium Association, and in the event that the fence is located adjacent to another fence located on an abutting parcel, the Condominium Association shall cause the area between the fences to be treated at least every two (2) years in order to prevent the growth of vegetation. 12. Freestanding signage located at the Property's vehicular entrances from Round Hill Drive and S. Independence Boulevard shall be monument style, no larger than eight feet (8') in height, and shall have a brick base. 13. No outdoor lighting (other than lighting mounted to the facade of the first floor level of a primary residential structure) shall be located on the Property within the 20' and 12' building setback areas located along the Property's northern and eastern boundary lines, as depicted on the Concept Plan. 14. On -street parking shall not be permitted within the private roadways located on the Property, as depicted on the Concept Plan. 15. 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. 21572352v4 4 All references hereinabove to zoning districts and to regulations applicable thereto, refer to the City Zoning Ordinance of the City of Virginia Beach, Virginia, in force as of the date the conditional zoning amendment is approved by the Grantee. 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, 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 CZO or this Agreement, the Grantor shall petition the governing body for the 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 the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Department of Planning 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. Upon acquisition of the Property by Kempdel, Kempdel shall succeed to all rights and obligations of the "Grantors" under this Agreement, and Rite Aid shall have no further rights or obligations of a "Grantor" under this Agreement. [Remainder of Page Intentionally Left Blank. Separate Signature Page to Follow.] 21994400v2 5 IN WITNESS WHEREOF, the undersigned Grantor executes this Agreement as of the date first written above. GRANTOR: KEMPDEL, INC. a Virginia corporation: STATE/COMMONWEALTH OF P CITY/COUNTY OF et `Jr (AC h , to -wit: The foregoing instrument was sworn to and acknowledged before me this Li day of , 2014, by (so.YStk. K_12 p , on behalf of Kempdel, Inc. He/she is either personally known o me or has produced VtI t) L as identification. Witness my hand and official stamp or seal this day of /1 p'. 1 , 2014. k.N 76") 9 -3)(wl- Notary Public (SEAL) My Commission Expires: IO 7, I ' 7-z.) Registration Number: 3 22 32- Notary ThomasNotary Public 21994400v1 6 RITE AID OF VIRGINIA, INC., a Virginia corporation: By: Jose J. Notarianni Title Vice President, Real Estate Law COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND, to -wit: The foregoing instrument was sworn to and acknowledged before me this 22nd day of April, 2014, by Joseph J. Notarianni, on behalf of Rite Aid of Virginia, Inc. He is either personally known to me or has produced as identification. Witness my hand and official stamp or seal this 22nd day of April, 2014. My Commission Expires: Registration Number: 21994400v1 7 Notary Public (SEAL) EXHIBIT A LEGAL DESCRIPTION OF PROPERTY ALL THAT certain tract, piece or parcel of land, with the buildings and improvements thereon and the appurtenances thereunto belonging, lying, situate, and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as PARCEL 'Y' and PARCEL 'Z', as shown on that certain plat entitled "SUBDIVISION OF PARCELS 'D-1' & 'E-1' RESUBDIVISION OF PARCELS D & E, GLENWOOD, PHASE 2 (REFERENCE: D.B. 2722, PG. 1100-1101, CLERK'S OFFICE, VIRGINIA BEACH, VA.) KEMPSVILLE BOROUGH — VIRGINIA BEACH, VIRGINIA", dated December 3, 1996, made by Lee S. Rood, P.C., Land Surveyors, which said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach in Map Book 258, at pages 17 & 18. 21994400v2 8 C CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH — An Ordinance to Amend Section 111, Defining "Craft Brewery," and Sections 901 and 1001 of the City Zoning Ordinance, Establishing Craft Breweries as a Conditional Use in the B-2 Community Business District and 1-1 Light Industrial District, Respectively, and Add a New Section 230 of the City Zoning Ordinance, Establishing Requirements and Standards for Craft Breweries. MEETING DATE: October 7, 2014 • Background: Based on the number of inquiries to Staff from those interested in establishing a craft brewery in Virginia Beach, as well as research by Staff based on those inquiries, it has become increasingly apparent that there is a need for amendment to the Zoning Ordinance pertaining to craft breweries. • Considerations: The proposed amendments to the Zoning Ordinance consist of the following: Section 111 The amendment to this section defines the term "craft brewery." Section 230 The amendments add Section 230 to the Zoning Ordinance, which provides the general conditions of any Conditional Use Permit issued for a craft brewery. Subsection (e) allows the City Council to impose any other reasonable conditions it deems necessary to avoid or reduce adverse impacts on other properties. Section 901 The amendment allows craft breweries as a conditional use in the B-2 Community Business District, subject to the provisions of Section 230, above. Section 1001 The amendment allows craft breweries as a conditional use in the 1-1 Light Industrial District, subject to the provisions of Section 230, above. There was no opposition to the proposed amendments. CITY OF VIRGINIA BEACH — CRAFT BREWERIES AMENDMENTS Page 2 of 2 ■ Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 11-0, to recommend approval of the proposed amendments to the City Council. ■ Attachments: Ordinance Minutes of Planning Commission Hearing Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: ,b-0-71_. 1 REQUESTED BY COUNCILMEMBER JOHN E. UHRIN 2 3 4 AN ORDINANCE TO AMEND SECTIONS 111, 901 AND 1001 5 OF THE CITY ZONING ORDINANCE AND ADD A NEW 6 SECTION 230 OF THE CITY ZONING ORDINANCE, 7 ESTABLISHING CRAFT BREWERIES AS A CONDITIONAL 8 USE IN THE B-2 COMMUNITY BUSINESS DISTRICT AND 9 THE 1-1 LIGHT INDUSTRIAL DISTRICT, ADDING A 10 DEFINITION OF THE USE, AND SETTING FORTH GENERAL 11 REQUIREMENTS FOR THE USE 12 13 Sections Amended: City Zoning Ordinance Sections 111, 14 901 and 1001 15 16 Section Added: City Zoning Ordinance Section 230 17 18 19 WHEREAS, the public necessity, convenience, general welfare and good zoning 20 practice so require; 21 22 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 25 That Sections 111, 901 and 1001 of the City Zoning Ordinance are hereby 26 amended and a new Section 230 of the City Zoning Ordinance is hereby added, 27 establishing craft breweries as a conditional use in the B-2 Community Business District 28 and the 1-1 Light Industrial District, adding a definition of the use, and setting forth 29 general requirements for the use, to read as follows: 30 31 ARTICLE 1. GENERAL PROVISIONS 32 33 Sec. 111. Definitions. 34 For the purpose of this ordinance, words used in the present tense shall include 35 the future; words used in the singular number include the plural and the plural the 36 singular; the use of any gender shall be applicable to all genders; the word "shall" is 37 mandatory; the word "may" is permissive; the word "land" includes only the area 38 described as being above mean sea level; and the word "person" includes an individual, 39 a partnership, association, or corporation. 40 41 In addition, the following terms shall be defined as herein indicated; provided that 42 in the event a term defined in this section is defined differently in the regulations of any 43 form -based district, the latter definition shall control if the property to which the definition 44 applies is located in the form -based district: 45 46 47 48 Craft Brewery. A facility, other than a farm brewery, that produces and 49 distributes beer or other fermented malt beverages in quantities not exceeding fifteen 50 thousand barrels (15,000 BBL) per year and at which beer, ale or other fermented 51 beverages are served to customers for on -premises consumption and at which meals 52 are not served. 53 54 55 COMMENT 56 The section defines the term "craft brewery." Section 230, shown below, sets forth the 57 provisions that regulate craft breweries. 58 59 ARTICLE 2. GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE 60 TO ALL DISTRICTS 61 62 63 C. CONDITIONAL USES AND STRUCTURES 64 65 66 67 Sec. 230. Craft breweries. 68 In addition to general requirements, craft breweries shall be subject to the 69 following provisions: 70 71 (a) A valid license issued by the Virginia Alcoholic Beverage Control Board 72 shall be held by the establishment at all times, and the conditions of any such license 73 shall be incorporated by reference into any conditional use permit authorizing a craft 74 brewery; 75 2 76 (b) Only beer or other fermented malt beverages and non-alcoholic 77 beverages may be served; 78 79 (c) Beer or other fermented malt beverages may be sold for on -premises 80 consumption and for off -premises consumption at retail or wholesale; 81 82 (d) There shall be no sale or consumption of alcoholic beverages on the 83 premises between midnight and ten o'clock (10:00) a.m.; 84 85 (e) Live music shall be performed only inside the establishment and doors 86 and windows shall remain closed during such performances, except during the actual 87 ingress and egress of patrons and employees; and 88 89 (e) The City Council may impose such reasonable conditions as it deems 90 necessary to avoid or mitigate adverse impacts upon other property. 91 92 93 94 COMMENT 95 96 The section sets for the general conditions of any conditional use permit issued for a craft 97 brewery. Subsection (e) allows the City Council to impose any other reasonable conditions it deems 98 necessary to avoid or reduce adverse impacts on other properties. 99 100 101 ARTICLE 9. BUSINESS DISTRICTS 102 103 104 105 Sec. 901. Use regulations. 106 107 (a) Principal and conditional uses. The following chart lists those uses 108 permitted within the B-1 through B -4K Business Districts. Those uses and structures in 109 the respective business districts shall be permitted as either principal uses indicated by 110 a "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 111 shall be prohibited in the respective districts. No uses or structures other than as 112 specified shall be permitted. 113 114 115 3 116 Use 8-1 8-1A 8-2 8-3 8-4 8-4C 8-4K 117 118 Communication towers, 119 except as specified above X C C C C C X 120 121 Craft breweries, subject to 122 the provisions of Section 230 X X C X X X X 123 124 Dormitories for marine pilots X X X X CX X 125 126 127 128 COMMENT 129 130 The amendment allows craft breweries as a conditional use in the B-2 Community Business 131 District, subject to the provisions of Section 230, which is set forth above. 132 133 ARTICLE 10. INDUSTRIAL DISTRICTS 134 135 Sec 1001. Use regulations 136 (a) Principal and conditional uses. The following chart lists those uses 137 permitted within the 1-1 and 1-2 Industrial Districts. Those uses and structures in the 138 respective industrial districts shall be permitted as either principal uses indicated by a 139 "P" or as conditional uses indicated by a "C." Uses and structures indicated by an "X" 140 shall be prohibited in the respective districts. No uses or structures other than as 141 specified shall be permitted. 142 143 Use 1-1 1-2 144 145 Communication towers, except as specified above C C 146 147 Craft breweries, subject to the provisions of 148 Section 230 C X 149 150 Eating and drinking establishments P P 151 152 4 153 COMMENT 154 155 The amendment allows craft breweries as a conditional use in the I-1 Light Industrial 156 District, subject to the provisions of Section 230, which is set forth above. 157 158 159 Adopted by the Council of the City of Virginia Beach, Virginia, on the 160 day of CA -13080 R-4 September 10, 2014 APPROVED AS TO CONTENT: Ian ing Department , 2014 APPROVED AS TO LEGAL SUFFICIENCY 6ad-44 OVA City Attorney's Office 5 1 11 Item #12 City of Virginia Beach — Craft Breweries in B-2 &I-1 An ordinance to Amend Section 111, defining "Craft Brewery" and Sections 901 And 1001 of the City Zoning Ordinance establishing Craft Breweries as a Conditional Use in the B-2 Community Business District and 1-1 Light Industrial District, respectively and add new Section 230 of the City Zoning Ordinance Establishing Requirements and Standards for Craft Breweries September 10, 2014 CONSENT An Ordinance to Amend Section 111, Defining "Craft Brewery," and Sections 901 and 1001 of the City Zoning Ordinance, Establishing Craft Breweries as a Conditional Use in the B-2 Community Business District and 1-1 Light Industrial District, Respectively, and Add a New Section 230 of the City Zoning Ordinance, Establishing Requirements and Standards for Craft Breweries. A motion was made by Commissioner Hodgson and seconded by Commissioner Horsley to approve item 12. AYE 11 NAY 0 ABS 0 ABSENT 0 BROCKWELL AYE HODGSON AYE HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE WEINER AYE By a vote of 11-0, the Commission approved item 12 by consent. Graham Owen, City Planner, appeared before the Commission. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH - An Ordinance to Amend Section 211 of the City Zoning Ordinance, Pertaining to Signage on Construction Fences. MEETING DATE: October 7, 2014 • Background: Temporary construction fences are installed for safety reasons around all or a portion of construction sites for the purpose of prohibiting unauthorized access. In recent years, the material used to construct such fences has become stronger and opaque, decreasing the chance of unauthorized access to a site as well as ensuring the fence remains in place during inclement weather. Such fences have also introduced opportunity for the developer to provide information to the public regarding the nature of the project being developed. This information has typically been placed on the fences by either painting directly on the fence board or by wrapping the outside of the fence with a pre- printed vinyl `wrap'. The City Zoning Ordinance, however, considers such information on a construction fence as a `sign.' • Considerations: In response to this increasing trend for construction fences, the proposed amendments will allow signs on construction fences and establish the regulations pertaining to such signs. The regulations specify that where temporary construction fences are erected around active demolition or construction sites, only signage that is directly related to the project under construction is permitted. Moreover, the regulations note that construction fence signs can consist of banners and wraps, but they must be maintained in good condition and be securely affixed to the fence. 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 11-0, to recommend approval of the proposed amendment to the City Council. • Attachments: Ordinance Minutes of Planning Commission Hearing CITY OF VIRGINIA BEACH -- CONSTRUCTION SIGN FENCE AMENDMENT Page2of2 Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: 1 REQUESTED BY COUNCILMEMBER JOHN E. UHRIN 2 3 4 AN ORDINANCE TO AMEND SECTION 211 OF THE CITY 5 ORDINANCE, ALLOWING SIGNS ON CONSTRUCTION 6 FENCES 7 8 9 Section Amended : City Zoning Ordinance Section 211 10 11 12 WHEREAS, the public necessity, convenience, general welfare and good zoning 13 practice so require; 14 15 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 16 VIRGINIA BEACH, VIRGINIA: 17 18 That Section 211 of the City Zoning Ordinance, pertaining to signs allowed in all 19 districts, is hereby amended to read as follows: 20 21 Sec. 211. Signs permitted in all districts. 22 23 The following types of signs are exempted from all of the provisions of this 24 ordinance, except for illumination, construction, and safety regulations and the following 25 standards: 26 27 28 (g) Construction signs. One sign on each roadway frontage not exceeding 29 thirty-two (32) square feet in area and bearing only the names and addresses of the 30 project, contractors, architects, developers, planners, financial institutions, or engineers 31 engaged in the construction project and only during the time construction or 32 development is actively underway. Such signs should set back no less than ten (10) feet 33 from any property line. 34 35 36 37 38 (I) Construction fence signs. Signs on temporary protective fencing erected 39 around a site at which demolition or construction is being carried on shall be allowed, 40 subject to the following requirements: 41 42 (1) Other than safety information required or permitted by law or 43 regulation, signs shall display only information directly related to the 44 use or structure under construction or to be constructed after 45 demolition, and shall not display any other information, business or 46 advertising messages, including, without limitation, signage allowed 47 by subsection (q); 48 49 (2) Signs consisting of banners, wraps or similar material shall be 50 securely affixed to the fence on which they are located, and any 51 portions of a sign that become partially detached shall be promptly 52 re -affixed to the fence; and 53 54 (3) Signs and the fencing to which they are affixed shall be maintained 55 in good condition at all times and graffiti or other forms of 56 defacement shall be removed or repaired promptly, 57 58 59 COMMENT 60 61 The amendments in subsection (1) allow signs on construction fences and set forth 62 restrictions and requirements pertaining to such signs. Such signs are distinguished from 63 "construction signs" described in subsection (g), which is set forth for reference purposes. 64 65 66 Adopted by the Council of the City of Virginia Beach, Virginia, on the 67 day of , 2014 APPROVED AS TO CONTENT: Plan ing De artment CA -13094 August 26, 2014 R-1 APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office 2 Item #11 City of Virginia Beach — Construction Fence Signs An Ordinance to amend Section 211 of the City Zoning Ordinance pertaining to Signage on Construction Fences September 10, 2014 CONSENT An Ordinance to Amend Section 211 of the City Zoning Ordinance, Pertaining to Signage on Construction Fences A motion was made by Commissioner Hodgson and seconded by Commissioner Horsley to approve item 11. AYE 11 NAY 0 ABS 0 ABSENT 0 BROCKWELL AYE HODGSON AYE HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE WEINER AYE By a vote of 11-0, the Commission approved item 11 by consent. Karen Lasley, Zoning Administrator, appeared before the Commission. K. APPOINTMENTS BOARD OF ZONING APPEALS CHESAPEAKE BAY PRESERVATION AREA BOARD DOMESTIC VIOLENCE FATALITY REVIEW TEAM TIDEWATER DISTRICT COMMISSION OF HAMPTON ROADS VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION L UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT ******************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ******************************* PUBLIC COMMENT Non -Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers ********************************** CITY COUNCIL COMMUNITY CONVERSATION CONVENTION CENTER MEETING ROOMS 2nd FLOOR 6:30 - 8:00 PM MONDAY, NOVEMBER 24, 2014 NOVEMBER COUNCIL MEETING SCHEDULE NOVEMBER 4TH - RESCHEDULED TO NOVEMBER 25TH NOVEMBER 11TH - CANCELLED CITY COUNCIL WINTER RETREAT Economic Development Conference Room Town Center Suite 700, 4525 Main Street February 5-6, 2015 8:30 AM to 5:OOPM CITY COUNCIL MEETINGS RESCHEDULED EFFECTIVE: JUNE 1, 2014 FIRST/THIRD TUESDAYS: BRIEFING/INFORMAL/FORMAL SESSIONS FIRST TUESDAYS: OPEN CITIZEN DIALOGUE SECOND/FOURTH TUESDAYS: WORKSHOPS — 4:00-6:00 PM gw 10/07/2014 2014 CITY HOLIDAYS Veterans Day - :Tuesday, November 11 Thanksgiving Day and Day after Thanksgiving — Thursday, November 27 and Friday, November 28 Christmas Eve (hall -day) - Wednesday, December 24 Christmas Day - Thursday, December 25 CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS VIRGINIA BEACH DEVELOPMENT AUTHORITY ANNUAL REPORT LYNNHAVEN AQUACULTURE CENTER Elizabeth A. Twohy, Chair Karen Forget, Executive Director Lynnhaven River NOW I -ozu� 1 II/III/IVN/ VI -E CERTIFICATION OF CLOSED SESSION CERTIFIED 9-0 Y Y Y Y Y A S T A N E D Y R Y A Y F MINUTES September 2, 2014 APPROVED 10-0 Y Y Y Y Y Y Y 0 Y A Y G/H/1 PUBLIC HEARING 2015 Legislative Agenda 6 Speakers S 1/1 DATE: 09/16/2014 PAGE: 1 Y Y Y Y Y Y Y S- Y A Y 2. Ordinance to CARRY FORWARD/ APPROPRIATE previously approved funding in the FY 2013-14 Budget: a. $813,045 to the General Fund b. $160,543 to DEA Seized Property ADOPTED, BY CONSENT 10-0 Y Y Y Y Y Y Y H S A Y AGENDA H M A E W ITEM # SUBJECT MOTION VOTE E A M S U l D N K R MMS H L W Y L A T 0 0 0 R S 0 E E N I S N M 1 0 0 R Y E NS DS NND I/A B VIRGINIA BEACH DEVELOPMENT AUTHORITY ANNUAL REPORT LYNNHAVEN AQUACULTURE CENTER Elizabeth A. Twohy, Chair Karen Forget, Executive Director Lynnhaven River NOW II/III/IVN/ VI -E CERTIFICATION OF CLOSED SESSION CERTIFIED 9-0 Y Y Y Y Y A S T A N E D Y Y Y A Y F MINUTES September 2, 2014 APPROVED 10-0 Y Y Y Y Y Y Y Y Y A Y G/H/1 PUBLIC HEARING 2015 Legislative Agenda 6 Speakers 1/1 Ordinances to AMEND the City Code a. Section 18-108 re temporary/transient businesses b. Section 2-105 re Re -Employment c. Sections re Southern Watersheds Management Ordinance 1. 1/ 2/ 3/ 5/ 7/ 9/ 11/12/14 re various references 2. 8-31 re Permit Fees 3. 23-50 re Excessive Growth 4. 30-78 re Erosion/Sediment Control 5. Appendix D, Sec 1-6/Technical Criteria 6. Appendix K, Sec 4.10/6.3/6.4 re the Floodplain ADOPTED, BY CONSENT 10-0 Y Y Y Y Y Y Y Y Y A Y 2. Ordinance to CARRY FORWARD/ APPROPRIATE previously approved funding in the FY 2013-14 Budget: a. $813,045 to the General Fund b. $160,543 to DEA Seized Property ADOPTED, BY CONSENT 10-0 Y Y Y Y Y Y Y Y Y A Y CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS Resolution to ESTABLISH a Domestic Violence Fatality Review Team ADOPTED, BY CONSENT 10-0 Y Y Y Y Y Y Y Y Y A Y 4 Resolution to APPROVE a contract between the CSB/Commonwealth of Virginia re mental health/ retardation/substance abuse ADOPTED, BY CONSENT 10-0 Y Y Y Y Y Y Y Y R A Y 5 Resolution to AUTHORIZE Establishment of Robbie's Ambulance Service/ annual EMS Permit ADOPTED, BY CONSENT 10-0 Y Y Y Y Y Y Y Y Y 0 Y 6 Ordinance to AUTHORIZE encroachments into portions of City property for Michael/Lynda Tubridy re vinyl fence/landscaping adjacent to 205 Aqua Lane DISTRICT 6 - BEACH DENIED, BY CONSENT 10-0 Y Y Y Y Y Y Y Y Y A S 7 Ordinance to TRANSFER $56,000 to the Sheriff re excess expenditures/encumbrances ADOPTED, BY CONSENT 10-0 DATE: 09/16/2014 PAGE: 2 Y Y Y Y Y Y A Y S- FIVE DOG NIGHT, LLC. Floodplain MODIFIED AS CONDITIONED, BY CONSENT 10-0 Y Y Y Y Y Y Y Y Y A Y Variance/Modification of Conditions of a H S TODD SWEIGART and MICHELE MATTIOLI re Enlargement of a Non- APPROVED/ CONDITIONED, BY CONSENT 10-0 AGENDA Y Y Y Y Y H Y Y M Y A E 3 W APPROVED/ CONDITIONED, BY CONSENT ITEM # SUBJECT Y Y MOTION VOTE Y E J Y A A M S U I CAROLYN LATIOLAIS CUP truck/ APPROVED/ CONDITIONED, BY CONSENT 10-0 Y Y Y D NOK Y Y R MMS A Y HL 5 W APPROVED/ CONDITIONED, BY CONSENT 10-0 Y Y Y Y L N A T O O O R S 0 APPROVED/ CONDITIONED, BY CONSENT 10-0 Y Y Y E EENI Y Y Y S NMI Y communication tower at 2185 Recreation Drive DISTRICT 7 — PRINCESS ANNE 00 R YS E NS DS NND 3 Resolution to ESTABLISH a Domestic Violence Fatality Review Team ADOPTED, BY CONSENT 10-0 Y Y Y Y Y Y Y Y Y A Y 4 Resolution to APPROVE a contract between the CSB/Commonwealth of Virginia re mental health/ retardation/substance abuse ADOPTED, BY CONSENT 10-0 Y Y Y Y Y Y Y Y Y A Y 5 Resolution to AUTHORIZE Establishment of Robbie's Ambulance Service/ annual EMS Permit ADOPTED, BY CONSENT 10-0 Y Y Y Y Y Y Y Y Y A Y 6 Ordinance to AUTHORIZE encroachments into portions of City property for Michael/Lynda Tubridy re vinyl fence/landscaping adjacent to 205 Aqua Lane DISTRICT 6 - BEACH DENIED, BY CONSENT 10-0 Y Y Y Y Y Y Y Y Y A Y 7 Ordinance to TRANSFER $56,000 to the Sheriff re excess expenditures/encumbrances ADOPTED, BY CONSENT 10-0 Y Y Y Y Y Y Y Y Y A Y J/1 FIVE DOG NIGHT, LLC. Floodplain MODIFIED AS CONDITIONED, BY CONSENT 10-0 Y Y Y Y Y Y Y Y Y A Y Variance/Modification of Conditions of a CUP re a Veterinary office/Care Center at 1515 Drakesmile Road DISTRICT 3 — ROSE HALL 2 TODD SWEIGART and MICHELE MATTIOLI re Enlargement of a Non- APPROVED/ CONDITIONED, BY CONSENT 10-0 Y Y Y Y Y Y Y Y Y A Y Conforming Use at 5000 Atlantic Ave DISTRICT 5 — LYNNHAVEN 3 COASTAL BUILDING GROUP, LLC Special Exception for Alternative APPROVED/ CONDITIONED, BY CONSENT 10-0 Y Y Y Y Y Y Y Y Y A Y Compliance re Form -Based Code in the Oceanfront Resort District at 520 21" Street DISTRICT 6 — BEACH 4 CAROLYN LATIOLAIS CUP truck/ APPROVED/ CONDITIONED, BY CONSENT 10-0 Y Y Y Y Y Y Y Y Y A Y trailer rentals at 1209 Baker Road DISTRICT 4 — BAYSIDE 5 30 WEST PERSHING, LLC/58'" STREET WAREHOUSE, LLC CUP re APPROVED/ CONDITIONED, BY CONSENT 10-0 Y Y Y Y Y Y Y Y Y A Y an outdoor recreation at Greenwich Road/I-264 DISTRICT 2 — KEMPSVILLE 6 VERIZON WIRELESS for a CUP re APPROVED/ CONDITIONED, BY CONSENT 10-0 Y Y Y Y Y Y Y Y Y A Y communication tower at 2185 Recreation Drive DISTRICT 7 — PRINCESS ANNE CITY OF VIRGINIA BEACH 7 SUMMARY OF COUNCIL ACTIONS APPROVED/ CONDITIONED, BY CONSENT 10-0 Y Y Y Y Y Y Y Y Y A Y 649 Newtown Road DISTRICT 2 — KEMPSVILLE 8 PAUL BRADLEY dba BRADLEY MARINE, LLC for a CUP re boat APPROVED/ CONDITIONED, BY CONSENT 10-0 Y Y Y Y Y Y Y Y R A Y repair/bulk storage at 588B Central Drive DISTRICT 6 - BEACH 9 PRINCESSBORO DEVELOPMENT for a Conditional COZ from AG -2 APPROVED AS PROFFERED, BY T NO PRECCEDDENENH NO PT TO BE SET 10-0 Y Y Y Y Y Y Y Y 0 A Y Conditional B-2 at 1901 Sandbridge Road re a retail landscape/garden center DISTRICT 7 - PRINCESS ANNE K BOARD OF ZONING APPEALS CHESAPEAKE BAY PRESERVATION BOARD RESCHEDULED B YCONS ENS S U S VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION DATE: 09/16/2014 PAGE: 3 Y Y Y Y Y Y Y Y S- Y VIRGINIA BEACH HEALTH SERVICES BOARD APPOINTED Unexpired thru 03/31/16 Dr. A. Clayborne Hendricks, DDS 10-0 Y Y Y Y Y Y Y Y Y A H S ADJOURNMENT 6:32 PM AGENDA H M A E W ITEM # SUBJECT MOTION VOTE E J A M S U I D NOK R MMS HL W Y L N A T O O O R S 0 E EENI S NMI 00 R YS E NS DS NND .........a.a...a.a.aa...a....a.aa.....a.a.a...as.aa..aaaa...a.a..aa..a....a...a NOVEMBER COUNCIL MEETING SCHEDULE NOVEMBER 4TH - RESCHEDULED TO NOVEMBER 25TH NOVEMBER 11TH - CANCELLED 7 VIRGINIA SEAGULL TRAVEL BUS, INC CUP re transportation terminal at APPROVED/ CONDITIONED, BY CONSENT 10-0 Y Y Y Y Y Y Y Y Y A Y 649 Newtown Road DISTRICT 2 — KEMPSVILLE 8 PAUL BRADLEY dba BRADLEY MARINE, LLC for a CUP re boat APPROVED/ CONDITIONED, BY CONSENT 10-0 Y Y Y Y Y Y Y Y Y A Y repair/bulk storage at 588B Central Drive DISTRICT 6 - BEACH 9 PRINCESSBORO DEVELOPMENT for a Conditional COZ from AG -2 APPROVED AS PROFFERED, BY T NO PRECCEDDENENH NO PT TO BE SET 10-0 Y Y Y Y Y Y Y Y Y A Y Conditional B-2 at 1901 Sandbridge Road re a retail landscape/garden center DISTRICT 7 - PRINCESS ANNE K BOARD OF ZONING APPEALS CHESAPEAKE BAY PRESERVATION BOARD RESCHEDULED B YCONS ENS U S VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION APPOINTED Unexpired thru 12/31/16 Mark A. Johnson 10-0 Y Y Y Y Y Y Y Y Y A Y VIRGINIA BEACH HEALTH SERVICES BOARD APPOINTED Unexpired thru 03/31/16 Dr. A. Clayborne Hendricks, DDS 10-0 Y Y Y Y Y Y Y Y Y A Y M/NO ADJOURNMENT 6:32 PM .........a.a...a.a.aa...a....a.aa.....a.a.a...as.aa..aaaa...a.a..aa..a....a...a NOVEMBER COUNCIL MEETING SCHEDULE NOVEMBER 4TH - RESCHEDULED TO NOVEMBER 25TH NOVEMBER 11TH - CANCELLED CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 S DATE: 09/16/2014 PAGE: 4 S- H S AGENDA H M A E W ITEM 4 SUBJECT MOTION VOTE E J A M S U 1 D NOK R MMS HL W Y L N A T O O O R S 0 E EENI S NMI 00 R YS ENS DS NND CITY COUNCIL MEETINGS RESCHEDULED EFFECTIVE: JUNE 1, 2014 FIRST/THIRD TUESDAYS: BRIEFING/INFORMAL/FORMAL SESSIONS FIRST TUESDAYS: OPEN CITIZEN DIALOGUE SECOND/FOURTH TUESDAYS: WORKSHOPS — 4:00-6:00 PM CITY COUNCIL WINTER RETREAT Economic Development Conference Room Town Center Suite 700, 4525 Main Street February 5-6, 2015 8:30 AM to 5:00 PM 2014 CITY HOLIDAYS Veterans Day - Tuesday, rN'ovetnher 11 Thanksgiving Day and Day after Thanksgiving — Thursduy, November 27 and Friday', November 28 Christmas Eve (half-dai) - Wednesday, December 24 Christmas Day - Thursday, December 25