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Home My WebLink AboutOCTOBER 21, 2014 AGENDACITY COUNCIL MAYOR WILL/AM 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 A PI'ORNEY -- 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 21 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 MAYOR WILLIAM D. SESSOMS, JR. PRESIDING I. CITY COUNCIL and SCHOOL BOARD JOINT BRIEFING -Building 19- A. SCHOOL CONSTRUCTION PROGRAM Anthony Arnold, Director of Facilities, Planning and Construction, Schools II. CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW IV. INFORMAL SESSION A. B. C. CALL TO ORDER — Mayor William D. Sessoms, Jr. ROLL CALL COUNCIL RECESS TO CLOSED SESSION 3:30 PM -Conference Room- 4:00 PM - Conference Room - 4:30 PM . FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Kamil Cak Chaplain and Director of Bioethics Children's Hospital of the Kings Daughters C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS October 7, 2014 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. MAYOR'S PRESENTATIONS 1. ADMIRAL WILLIAM "BILL" E. GORTNEY DAY I. PUBLIC HEARINGS 1. AMENDMENT TO THE FY 2014-15 CAPITAL BUDGET a. Roadway Projects 2. SALE OF EXCESS CITY -OWNED PROPERTY a. 5161 Princess Anne Road 3. FRANCHISE OF CITY -OWNED PROPERTY a. "15th Street Pier" 4. LICENSE OF CITY -OWNED PROPERTY a. 4535 Commerce Street (Town Center — Block 7) 5. PURCHASE AGREEMENT FOR THE ACQUISITION OF ARP a. 4369 and 4384 Charity Neck Road J. ORDINANCES/RESOLUTIONS 1. Resolution to SUPPORT the City's 2015 LEGISLATIVE AGENDA with City Council's Goals and Objectives 2. Resolution to REQUEST the General Assembly fund the construction of a Veterans Care Center 3. Ordinance to DECLARE City -owned property as EXCESS and AUTHORIZE the City Manager to SELL same - 5161 Princess Anne Road DISTRICT 2 — KEMPSVILLE 4. Ordinance to AWARD a License for a portion of City -owned property at 4535 Commerce Street re communications and information needs 5. Ordinance to GRANT a Franchise to Entertainment, Inc. for property at the Oceanfront and 15th Street re operation of the Fishing Pier 6. Resolution to AUTHORIZE the establishment of Cardinal Ambulance Service, Inc. with an annual EMS Permit re private ambulance Services 7. Ordinance to AUTHORIZE, ACCEPT and DEDICATE an easement located at 4017 and 4025 Wheelgate Lane re drainage improvements at Saw Pen Point 8. Ordinances to AUTHORIZE and EXECUTE: a. A Cost Participation Agreement with Green Hill by the Bay Condominium Owners Association re private sewer conversion to the City's system b. A Feasibility Cost Sharing Agreement with the Army Corps of Engineers re a study of Lynnhaven Inlet Jetties 9. Ordinances to AUTHORIZE the acquisition of two (2) Agricultural Land Preservation (ARP) easements at Charity Neck Road, owned by the Betty Whitehurst Trust DISTRICT 7 — PRINCESS ANNE 10. Ordinance to AUTHORIZE temporary encroachments into City -owned property to Michael and Lynda Tubridy re maintain an existing walk, construct and maintain a fence and landscaping at 205 Aqua Lane (Staff recommends: DENIAL) DISTRICT 6 — BEACH 11. Resolutions to SUPPORT FY 2015-16 Virginia Department of Transportation (VDOT): a. Transportation Alternatives b. Revenue Sharing 12. Ordinances to ACCEPT and APPROPRIATE: a. $10,000,000 - VDOT Revenue Sharing Program 1. 7,000,000 — First Colonial Road/Virginia Beach Boulevard 2. 3,000,000 — Rosemont Road — Phase V Project b. $ 1,361,925 — VDOT to TAP for Traffic Safety 1. $455,668 — Buckner Boulevard Shared -Use Path 2. $331,969 — Greenwell Road Sidewalk 3. $120,957 — Kendall Street Sidewalk 4 $453,331 — Shore Drive Bike Facilities c. $1,040,292 Tourism Advertising Program Special Revenue Fund re advertising and marketing d. $ 850,000 State Funds to ESTABLISH the Assertive Community Treatment Team and add positions in the Department of Human Services e. $ 26,250 — U.S. Department of Homeland Security (DHS) 2014 Port Security Grant re Towfish sonar device for the Fire Marine Division f. $ 23,000 - U.S. Department of Homeland Security (DHS) Federal Management Agency re dry suits for the Police Marine Patrol K. PLANNING 1. Application of JACKIE S. BLOXOM for a Variance to Sections 4.4(b) and 4.4(d) of the Subdivision Regulations re access to a public street at 2948 Shirley Lane DISTRICT 7 — PRINCESS ANNE RECOMMENDATION APPROVAL 2. Applications for an Enlargement of Non -Conforming Uses: a. S & W SIMPSON, LLC - 1608 Princess Anne Road DISTRICT 7 — PRINCESS ANNE b. C and C DEVELOPMENT- 400 58th Street DISTRICT 5 — LYNNHAVEN RECOMMENDATION APPROVAL 3. Application of DEBBIE BRIGHT for a Conditional Use Permit re commercial kennel at 5513 Buzzard Neck Road DISTRICT 7 — PRINCESS ANNE RECOMMENDATION APPROVAL 4. An Ordinance to AMEND Section 216 of the City Zoning Ordinance (CZO) conforming City Code references to the Virginia State Code RECOMMENDATION APPROVAL 5. Applications of the CITY OF VIRGINIA BEACH: a. Conditional Change of Zoning from R-10 and unspecified to Conditional AG -1 Agricultural re Lynnhaven Aquaculture Center (oyster seeding) at Broad Bay Road DISTRICT 5 — LYNNHAVEN RECOMMENDATION APPROVAL b. Conditional Use Permit re a drive-through Drugstore at Princess Anne and South Witchduck Roads (deferred from March 25, 2014 and April 22, 2014) DISTRICT 2 - KEMPSVILLE RECOMMENDATION APPROVAL L. APPOINTMENTS TASKFORCE TO STUDY THE ELDERLY and DISABLED REAL ESTATE TAX RELIEF M UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT ******************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ******************************* NOVEMBER COUNCIL MEETING SCHEDULE NOVEMBER 4TH - RESCHEDULED TO NOVEMBER 25TH NOVEMBER 11TH - CANCELLED VML REGIONAL DINNER November 6, 2014 Cost - $35.00 Reception 6:00 PM Dinner 6:30 PM Program 7:00 PM 4525 Main Street Suite 700 Town Center CITY COUNCIL COMMUNITY CONVERSATION CONVENTION CENTER MEETING ROOMS 2nd FLOOR 6:30 — 8:00 PM MONDAY, NOVEMBER 24, 2014 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 Day 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 COUNCIL and SCHOOL BOARD JOINT BRIEFING -Building 19- 3:30 PM A. SCHOOL CONSTRUCTION PROGRAM Anthony Arnold, Director of Facilities, Planning and Construction, Schools II. CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW IV. INFORMAL SESSION - Conference Room - 4:30 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. ROLL CALL COUNCIL C. RECESS TO CLOSED SESSION V. FORMAL SESSION - City Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Kamil Cak Chaplain and Director of Bioethics Children's Hospital of the Kings Daughters C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS October 7, 2014 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. MAYOR'S PRESENTATIONS 1. ADMIRAL WILLIAM "BILL" E. GORTNEY DAY /a'/ SOLUTION WHEREAS: Admiral William `Bill" Gortney graduated from Elon College in 1977 and entered the Navy as an Aviation Officer candidate earning his Wings of Gold in December 1978; WHEREAS: Admiral Gortney served in the U. S. Central Command area of operations supporting Maritime Security and Combat Operations for "Operations Enduring Freedom" and "Iraqi Freedom". This included multiple ships and aircraft; WHEREAS: Admiral Gortney's fleet assignments include deployments on the USS Nimitz, USS Theodore Roosevelt, USS Forrestal and USS Dwight D. Eisenhower. He also served overseas as Deputy for Current Operations, Joint Task Force Southwest Asia, and multiple other international assignments. He has flown over 5,360 mishap free flight hours, primarily in the A -7E Corsair II and FA -18 Hornet. He is one of the rare members of the "Thousand Trap Club," having successfully completed 1,265 carrier -arrested landings; WHEREAS: In addition to his shore assignments as Aide and Flag Lieutenant to the Assistant Chief of Naval Operations, he is a 1996 graduate of the Naval War College, earning a Master of Arts in National Security and Strategic Studies; WHEREAS: His awards include the Defense Distinguished Service Medal, Navy Distinguished Service Medal, Defense Superior Service Medal, Legion of Merit (four awards), Bronze Star, Defense Meritorious Service Medal (two awards), Meritorious Service Medal (three awards), Air Medal (three awards: Gold Numeral One, two Strike/Flight), Joint Service Commendation Medal (three awards), Navy and Marine Coips Commendation Medal, Navy and Marine Corps Achievement Medal, Sea Service Ribbon (eight awards), and the Overseas Service Ribbon (two awards); WHEREAS: Admiral Gortney is completing his assignment as Commander, U.S. Fleet Forces Command, whose mission is to train, certify and provide combat -ready Navy forces to Combatant Commanders that are capable of conducting prompt, sustained naval, joint and combined operations in support of U.S. national interests; WHEREAS: Admiral Gortney has been a great Friend of the Hampton Roads region during his tenure as Fleet Forces Commander and performed in the best traditions of the Navy in working with the communities of Hampton Roads, especially the City of Virginia Beach, the home of the Navy's Master Jet Base for the East Coast and Joint Base Little Creek/Fort Story; and WHEREAS: Admiral Gortney has been nominated by President Barack Obama to lead the U. S. Northern Command and North American Aerospace Defense Command, headquartered at Peterson Air Force Base, Colorado, which conducts homeland defense, civil support, and security cooperation to defend and secure the United States and its interests, including the operations of NORAD, NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council pause in its deliberations to recognize Admiral Gortney as a patriot, a statesman, a warrior, a strategic thinker, and a leader in the finest tradition of the military services of the United States of America and to thank him for the tremendous contribution he has made to ensure Virginia Beach is the "best City in the world" in which to live, work and play and that all citizens recognize Admiral Gortney 's exemplary military seryice with October 21, 2014, being commemorated in Virginia Beach as: ADMIRAL WILLIAM "BILL" E. GORTNEYDAY Given under our hands this Twenty-first day of October, Two Thousand Fourteen. Councilman Robert M "Bob' Dyer Council Lady Barbara Henley CouncifLady Shannon DS Kane Councilman Brad Martin Councilman John L. 7lhrin Councilman John D. Moss Council Lady Dr. Amelia ( Ross -Hammond CouncifLady Rosemary Wilson Councilman9ames L. Wood Vice Mayor Louis R Jones Mayor William D. "Will" Sessoms I. PUBLIC HEARINGS 1. AMENDMENT TO THE FY 2014-15 CAPITAL BUDGET a. Roadway Projects 2. SALE OF EXCESS CITY -OWNED PROPERTY a. 5161 Princess Anne Road 3. FRANCHISE OF CITY -OWNED PROPERTY a. "15th Street Pier" 4. LICENSE OF CITY -OWNED PROPERTY a. 4535 Commerce Street (Town Center — Block 7) 5. PURCHASE AGREEMENT FOR THE ACQUISITION OF ARP a. 4369 and 4384 Charity Neck Road PUBLIC HEARING AMENDMENT TO THE FY 2014-15 CAPITAL BUDGET: Appropriation of $10,000,000 for Roadway Projects On Tuesday, October 21, 2014, at 6:00 p.m. in the City Council Chamber on the second floor of the City Hall Building, 2401 Courthouse Drive, Virginia Beach, Virginia, the Virginia Beach City Council will hold a Public Hearing on a proposed amendment to the FY 2014-15 Capital Budget. The amendment is necessary to appropriate, by ordinance or ordinances, $10,000,000 in additional funding from the Virginia Department of Transportation (VDOT) in the FY 2014-15 Capital Budget. Capital Project # 2-072, "First Colonial Road/Virginia Beach Blvd" will be increased by $7,000,000 for intersection improvements and Capital Project #2-038 "Rosemont Road - Phase V" will be increased by $3,000,000 to improve safety and capacity through widening Rosemont Road from two to four lanes. The City Council will also hear public input related to the City's application for the VDOT Transportation Alternatives Program for pedestrian and bicycle enhancements throughout the City. The City's application includes four projects: Salem Road sidewalk; West Great Neck Road sidewalk; Cypress Ave & Mediterranean Ave sidewalk; and Thalia Creek Greenway Phase III. Copies of such applications are on file at the City's Department of Public Works. This Hearing is open to the public and all interested citizens will have an opportunity to be heard. Individuals desiring to provide written comments may do so by contacting the City Clerk's Office at 385-4303. If you are physically disabled or visually impaired and need assistance at this meeting, please call 385-4303. Hearing impaired, TDD — 711. Ruth Hodges Fraser, MMC City Clerk Beacon Legals, Sunday, October 12, 2014 PUBLIC HEARING SALE OF EXCESS CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING Tuesday, October 21, 2014, at 6:00 P.M., in the Council Chamber, City Hall - Bldg. 1, Virginia Beach Municipal Center. The purpose of this Hearing will be to obtain public input to determine whether the following City property should be declared excess of the City's needs and sold to S. L. Nusbaum Realty Co. Approximately 2.812 acres of property consisting of (a) 2.123 acres located at 5161 Princess Anne Road (GPIN 1466-78-3845), and (b) 0.689 acres of former public right-of-way. If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303; Hearing Impaired, call TDD 711 (TDD - Telephone Device for the Deaf). Any questions concerning this matter should be directed to Dept. of Economic Development, 4525 Main Street, Suite 700, Virginia Beach, VA 23462, (757) 385-6464, Ruth Hodges Fraser, MMC City Clerk Beacon October 12, 2014 24367461 PUBLIC HEARING FRANCHISE OF CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on Tuesday, October 21, 2014, at 6:00 P.M. in the Council Chamber, City Hall - Bldg. #1, at the Virginia Beach Municipal Center. The purpose of this Hearing will be to obtain public comment on the City's proposed grant of a franchise for the following City - owned property: The pier property, generally known as the "15" Street Pier", extending from the Boardwalk over the sandy beach and into the Atlantic Ocean generally east of 15' Street in the City of Virginia Beach. If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303; Hearing impaired, call TDD only 711. Any questions concerning this matter should be directed to the City of Virginia Beach, Strategic Growth Area Office, 4525 Main Street, Virginia Beach, VA 23462, (757) 385-2900. Ruth Hodges Fraser, MMC City Clerk Beacon Oct. 12, 2014 24364168 PUBLIC HEARING LICENSE OF CITY PROPERTY The Virginia Beach City Council will hold a PUBLIC HEARING on Tuesday, October 21, 2014, at 6 P.M. in the Council Chamber, City Hall, Bldg. #1, at the Virginia Beach Municipal Center. The purpose of this Hearing will be to obtain public comment on the proposed granting of a license for the use of the following City -owned property: 8 +/- sq. ft. within the communications room in the Westin tower and 15+/- sq. ft. under the spire atop the Westin tower, located at 4535 Commerce Street (Town Center - Block 7) Any questions concerning this matter should be directed to the Communications & Information Technology Dept., Attn: Radio Systems Engineer, 2405 Courthouse Dr. Bldg. 2, Virginia Beach, VA 23456, (757) 385-8003 If you are physically disabled or visually impaired and need assistance at this meeting, please call the City Clerk's Office at 385- 4303; Hearing impaired call 711. Ruth Hodges Fraser, MMC City Clerk Beacon October 12 & 19, 2014 24362818 NOTICE OF PUBLIC HEARING ON THE EXECUTION AND DELIVERY OF INSTALLMENT PURCHASE AGREEMENTS FOR THE ACQUISITION OF DEVELOPMENT RIGHTS ON CERTAIN PROPERTY BY THE CITY OF VIRGINIA BEACH, VIRGINIA Notice is hereby given that the City Council of the City of Virginia Beach, Virginia, will hold a Public Hearing with respect to the execution and delivery of Installment Purchase Agreements for the acquisition of agricultural land preservation easement with respect to: (1) 42.26 acres of land located at 4369 Charity Neck Road, and (2) 41.98 acres of land located at 4384 Charity Neck Road, in the City of Virginia Beach, Virginia, pursuant to Ordinance No. 95-2319, as amended, known as the Agricultural Lands Preservation Ordinance, which establishes an agricultural reserve program for the southern portion of the City designated to (a) promote and encourage the preservation of farmland, (b) preserve open spaces and the area's rural character, (c) conserve and protect environmentally sensitive resources, (d) reduce and defer the need for major infrastructure improvements and the expenditure of public funds for such improvements, and (e) assist in shaping the character, direction and timing of community development. Such easements will be purchased pursuant to Installment Purchase Agreements for an estimated maximum purchase price of $344,842 and $142,732, respectively. The City's obligation to pay the purchase price under the Installment Purchase Agreements is a general obligation of the City, and the full faith and credit and the unlimited taxing power of the City will be irrevocably pledged to the punctual payment of the purchase price and the interest on the unpaid principal balance of the purchase price as and when the same respectively become due and payable. The Public Hearing, which may be continued or adjourned, will be held by the City Council on October 21, 2014, at 6:00 P.M. in the City Council Chamber located on the 2nd floor of the City Hall Building, 2401 Courthouse Drive, Virginia Beach, Virginia. Any person interested in this matter may appear and be heard. Ruth Hodges Fraser, MMC City Clerk Beacon October 5 & 12, 2014 24356645 J. ORDINANCES/RESOLUTIONS 1. Resolution to SUPPORT the City's 2015 LEGISLATIVE AGENDA with City Council's Goals and Objectives 2. Resolution to REQUEST the General Assembly fund the construction of a Veterans Care Center 3. Ordinance to DECLARE City -owned property as EXCESS and AUTHORIZE the City Manager to SELL same - 5161 Princess Anne Road DISTRICT 2 — KEMPSVILLE 4. Ordinance to AWARD a License for a portion of City -owned property at 4535 Commerce Street re communications and information needs 5. Ordinance to GRANT a Franchise to Entertainment, Inc. for property at the Oceanfront and 15th Street re operation of the Fishing Pier 6. Resolution to AUTHORIZE the establishment of Cardinal Ambulance Service, Inc. with an annual EMS Permit re private ambulance Services 7. Ordinance to AUTHORIZE, ACCEPT and DEDICATE an easement located at 4017 and 4025 Wheelgate Lane re drainage improvements at Saw Pen Point 8. Ordinances to AUTHORIZE and EXECUTE: a. A Cost Participation Agreement with Green Hill by the Bay Condominium Owners Association re private sewer conversion to the City's system b. A Feasibility Cost Sharing Agreement with the Army Corps of Engineers re a study of Lynnhaven Inlet Jetties 9. Ordinances to AUTHORIZE the acquisition of two (2) Agricultural Land Preservation (ARP) easements at Charity Neck Road, owned by the Betty Whitehurst Trust DISTRICT 7 — PRINCESS ANNE 10. Ordinance to AUTHORIZE temporary encroachments into City -owned property to Michael and Lynda Tubridy re maintain an existing walk, construct and maintain a fence and landscaping at 205 Aqua Lane (Staff recommends: DENIAL) DISTRICT 6 — BEACH 11. Resolutions to SUPPORT FY 2015-16 Virginia Department of Transportation (VDOT): a. Transportation Alternatives b. Revenue Sharing 12. Ordinances to ACCEPT and APPROPRIATE: a. $10,000,000 - VDOT Revenue Sharing Program 1. 7,000,000 — First Colonial Road/Virginia Beach Boulevard 2. 3,000,000 — Rosemont Road — Phase V Project b. $ 1,361,925 — VDOT to TAP for Traffic Safety 1. $455,668 — Buckner Boulevard Shared -Use Path 2. $331,969 — Greenwell Road Sidewalk 3. $120,957 — Kendall Street Sidewalk 4 $453,331 — Shore Drive Bike Facilities c. $1,040,292 Tourism Advertising Program Special Revenue Fund re advertising and marketing d. $ 850,000 State Funds to ESTABLISH the Assertive Community Treatment Team and add positions in the Department of Human Services e. $ 26,250 — U.S. Department of Homeland Security (DHS) 2014 Port Security Grant re Towfish sonar device for the Fire Marine Division f. $ 23,000 - U.S. Department of Homeland Security (DHS) Federal Management Agency re dry suits for the Police Marine Patrol S f!, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Adopting the City's 2015 Legislative Agenda and Requesting Members of the City's Local Delegation to the General Assembly Sponsor and/or Support Legislation that Would Carryout the Goals and Objectives Set Forth Therein MEETING DATE: October 21, 2014 • Background: City Council has a tradition of presenting a Legislative Agenda to the General Assembly each year. This Agenda provides the Virginia Beach Delegation with positions of the City Council on funding, legislation, public safety, and other issues that may be brought before the General Assembly. • Considerations: This Agenda was prepared based on input from Council Members, Department Directors, and City Council boards and commissions. • Public Information: A discussion was held with City Council on September 2, 2014. A public hearing was held on September 16, 2014, in Council Chambers. • Recommendations: It is recommended that City Council approve the attached resolution that adopts the 2015 Legislative Agenda and requests the City's local Delegation to the General Assembly sponsor and/or support legislation that would carry out the goals and objectives set forth. • Attachments: Resolution and 2015 Legislative Agenda. Recommended Action: Approval Submitting Department/Agency: City Council City Manager: 1 A RESOLUTION ADOPTING THE CITY'S 2015 2 LEGISLATIVE AGENDA 3 4 WHEREAS, the City Council traditionally adopts a Legislative Agenda and 5 requests members of the City's local delegation to the General Assembly sponsor 6 and/or support legislation therein; and 7 8 WHEREAS, the City Council has considered a number of goals and objectives 9 for inclusion in the City's 2015 Legislative Agenda. 10 11 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA BEACH, VIRGINIA: 13 14 That the City Council hereby adopts the City's 2015 Legislative Agenda, which is 15 attached hereto as Exhibit A and is hereby incorporated by reference. 16 17 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 18 BEACH, VIRGINIA: 19 20 That the City's Delegation to the General Assembly is hereby requested to 21 sponsor and/or support legislation in the 2015 Session of the General Assembly that 22 would carry out the goals and objectives of the City as set forth in its Legislative 23 Agenda. 24 25 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 26 BEACH, VIRGINIA: 27 28 That the City Clerk is hereby directed to transmit a copy of this resolution and the 29 Legislative Agenda to each member of the City's local Delegation to the General 30 Assembly. 31 32 Adopted by the City Council of the City of Virginia Beach, Virginia, this 33 day of , 2014. APPROVED TO CONTENT: Cit anager's •""ice CA13121 R-2 October 10, 2014 APPROVED AS TO LEGAL SUFFICIENCY: 7zcei;k- City Attorney's Office CITY OF VIRGINIA BEACH AGENDA ITEM 1 ITEM: A Resolution Requesting the General Assembly Fund the Construction of a Veterans Care Center in the City of Virginia Beach and the City of Virginia Beach's Pledge to Provide Land for Such Facility MEETING DATE: October 21, 2014 • Background: On August 26, 2014, Delegate Chris Stolle made a presentation to City Council on the potential funding and construction of a 240 -bed Veterans Care Center that would require a 15-25 acre site. Delegate Stolle requested that the City consider the possibility of providing the site for the Veterans facility and support its development within the City. The Veterans Care Center has been added as an additional item for the 2015 Virginia Beach General Assembly Legislative Agenda. • Considerations: This resolution was prepared based on input from Council Members and General Assembly Members. • Public Information: On August 26, 2014, a public presentation was provided to City Council on the potential to locate the facility in Virginia Beach and the need for a 15-25 acre site. • Recommendations: It is recommended that City Council approve the attached resolution requesting that the General Assembly fund the construction of a Veterans Care Center in the City of Virginia Beach and offering that the City will provide land for the facility. • Attachments: Resolution. Requested by City Council 1 A RESOLUTION REQUESTING THE GENERAL 2 ASSEMBLY FUND THE CONSTRUCTION OF A 3 VETERANS CARE CENTER IN THE CITY OF 4 VIRGINIA BEACH AND STATING THE CITY OF 5 VIRGINIA BEACH'S PLEDGE TO PROVIDE LAND 6 FOR SUCH FACILITY 7 8 WHEREAS, veterans' care is becoming increasingly important because of the 9 aging of veterans from previous wars, such as World War II, Korea, Vietnam, and the 10 veterans of the more recent wars in the Middle East; and 11 12 WHEREAS, veterans are best cared for close to where they have friends and 13 family to support them; and 14 15 WHEREAS, the State has previously participated in the construction of veterans 16 homes elsewhere in the Commonwealth; and 17 18 WHEREAS, the General Assembly is investigating the feasibility of building new 19 veterans care centers in Hampton Roads and Northern Virginia; and 20 21 WHEREAS, Delegate Chris Stolle made a presentation to City Council on the 22 potential of a 240-bed facility that would require a site of approximately 15-25 acres; 23 and 24 25 WHEREAS, such a facility's operating costs would be paid from 26 Medicaid/MedicareNeterans benefits and other non -State funds; and 27 28 WHEREAS, Delegate Stolle and Delegate Kirk Cox are patrons of a bill that has 29 been pre-filed for the 2015 Session of the General Assembly which would allocate 30 funding for the facility; and 31 32 WHEREAS, HB 1275 will provide funding for construction of a Hampton Roads 33 Veterans Care Center through an allocation of $28.5 million from the proceeds of 34 Virginia Public Building Authority bonds and $59.9 million in federal funds, for a total 35 allocation of $88.4 million. 36 37 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 38 VIRGINIA BEACH, VIRGINIA: 39 40 That the General Assembly is requested to approve HB 1275 or other legislation 41 that would provide funding for the Hampton Roads Veterans Care Center; and 42 43 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 44 BEACH, VIRGINIA: 45 47 That the City of Virginia Beach will reserve an appropriate parcel of City land 48 containing at least 15 acres but not more than 25 acres for the Veterans Care Center; 49 provided, however, that if no substantive progress has been made in constructing the 50 facility by January 1, 2018, the City will entertain other uses for the reserved site. 51 52 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 53 BEACH, VIRGINIA: 54 55 That the City Clerk is hereby directed to transmit a copy of this resolution to each 56 member of the City's local delegation to the General Assembly. 57 58 Adopted by the City Council of the City of Virginia Beach, Virginia, this 59 day of , 2014. APPROVED TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: -Or-g24%i City anager's Office City Attorney's Office CA13122 R-3 October 13, 2014 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Declaring 2.812 +/- Acres of City Property Located at 5161 Princess Anne Road to be in Excess of the City's Needs and Authorizing the City Manager to Sell the Property to S. L. Nusbaum Realty Co. MEETING DATE: October 21, 2014 • Background: The City of Virginia Beach (the "City") is constructing the Princess Anne Road/Kempsville Road Intersection Improvements Project, CIP 2-048 (the "Road Project"). The Road Project will, among other things, realign the existing intersection of Princess Anne Road and Kempsville Road. The Road Project is a component of the City's overall strategy in that area. The City has adopted the Historic Kempsville Plan (the "HK Plan") in an attempt to guide the development and redevelopment of Historic Kempsville. One of the goals of the HK Plan is to, where possible, sell City -owned parcels for private development consistent with the HK Plan. As set forth below, the City has identified approximately 2.812 acres of City -owned property (the "Property") for development consistent with the HK Pian. The Property consists of the remnants of parcels acquired by voluntary sale in connection with the Road Project and approximately 0.689 acres of former right-of-way closed by City Council on April 24, 2014. The Property is located at 5161 Princess Anne Road (GPIN 1466-78-3845), and the former right-of-way is adjacent thereto. S. L. Nusbaum Realty Co. ("Nusbaum"), a Virginia corporation ("Nusbaum") proposed constructing a pharmacy -anchored retail development on the Property (the "Project"). The elements of the Project are consistent with the HK Plan and have been approved by the Historic Kempsville CAC Project Review Sub -Committee. Nusbaum and staff have negotiated the terms and conditions by which Nusbaum would purchase the Property from the City for the purpose of constructing the Project. The terms of the sale are set forth on the Summary of Terms, attached to the Ordinance as Exhibit B. ■ Considerations: The proposal put forth by Nusbaum is consistent the HK Plan and will contribute to the City's goal of revitalizing the Historic Kempsville Area. Since a portion of the Property was previously put to a public use, an affirmative vote of three- fourths of City Council is required to authorize the sale. The City of Virginia Beach Development Authority (the "Authority") has expended approximately $44,829 in costs (mainly survey and engineering expenses) to assist in preparing the Property for sale and in the evaluation of an appropriate sale price. The proposed Ordinance would authorize reimbursing the Authority from the proceeds of the sale of the Property at closing. A portion of the Property was acquired originally for the Road Project. Therefore, pursuant to the guidelines established by the Virginia Department of Transportation, the sales proceeds must be appropriated to an existing transportation project. • Public Information: Advertisement of the public hearing as required by Section 15.2-1800 Code of Virginia and advertisement of City Council Agenda. • Alternatives: Approve the request as presented, deny the request, or add conditions as desired by Council. ■ Recommendations: Approve the request and authorize the City Manager to execute all necessary documents to convey the property subject to the terms and conditions in the Summary of Terms and such other terms, conditions or modifications as may be satisfactory to the City Council. • Attachments: Ordinance, Summary of Terms, Location Map Recommended Action: Approval of the Ordinance Submitting Department/Agency: Economic Development OA' City Manager:��,',."r�9-b 1\vbgov. com\DFS 1Wpplications\CityLawProd\cycom32\W pdocs\D002\P018\00158852. DOC 1 AN ORDINANCE DECLARING 2.812+/- 2 ACRES OF CITY PROPERTY LOCATED AT 3 5161 PRINCESS ANNE ROAD TO BE IN 4 EXCESS OF THE CITY'S NEEDS AND 5 AUTHORIZING THE CITY MANAGER TO 6 SELL SAME TO S. L. NUSBAUM REALTY 7 CO. 8 9 WHEREAS, the City of Virginia Beach (the "City") is the owner of approximately 10 2.812 acres of land located at 5161 Princess Anne Road ( consisting of GPIN: 1466-78- 11 3845 and a 0.689—acre portion of former right-of-way), and shown on the map attached 12 hereto as Exhibit A (the "Property"); 13 14 WHEREAS, the City has adopted the Historic Kempsville Historic Plan ("HK 15 Plan") to set forth the City's goals for the development and redevelopment of the 16 Historic Kempsville area of the City; 17 18 WHEREAS, S. L. Nusbaum Realty Co. ("Nusbaum") proposes to construct a 19 multi -tenant retail development on the Property, consistent with the HK Plan; 20 21 WHEREAS, Nusbaum and City staff have negotiated the terms by which 22 Nusbaum would purchase and develop the Property; consistent with the terms and 23 conditions set forth on the Summary of Terms attached hereto as Exhibit B; 24 25 WHEREAS, the City of Virginia Beach Development Authority has expended 26 $44,829 in engineering, survey and appraisal costs to aid City staff in preparing the 27 Property for sale; and 28 29 WHEREAS, the City Council is of the opinion that the Property is in excess of the 30 City's needs and the sale of the Property to Nusbaum would promote the City's goals as 31 set forth in the HK Plan. 32 33 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 34 VIRGINIA BEACH, VIRGINIA: 35 36 1. That the 2.812+/- acres of land located 5161 Princess Anne Road, shown on 37 Exhibit A as "PARCEL D 1466-78-3845" and the 0.689 -acre portions of former right -of - 38 way shown on Exhibit A as "AREA OF PROPOSED STREET CLOSURE 'D-1' (28,095 39 SQ. FT., 0.645 AC." and "AREA OF PROPOSED STREET CLOSURE D-2' (1,931 SQ. 40 FT., 0.044 AC.)", are hereby declared to be in excess of the needs of the City of Virginia 41 Beach. 42 43 2. That the City Manager is hereby authorized to execute any documents 44 necessary to convey the Property to S. L. Nusbaum Realty Co., in accordance with the 45 Summary of Terms attached hereto as Exhibit B and made a part hereof, and such 46 other terms, conditions or modifications as may be acceptable to the City Manager and 47 in a form deemed satisfactory by the City Attorney. 48 49 3. That the Authority shall be reimbursed its costs incurred related to the 50 Property, not to exceed $44,829, from the proceeds of the sale of the Property, subject 51 to authorization from the Virginia Department of Transportation. 52 53 4. That the remaining proceeds from this transaction shall be directed to 54 Witchduck Road — Phase II (CIP 2-025). 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 day 59 of , 2014. 60 61 THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE - 62 FOURTHS OF ALL COUNCIL MEMBERS ELECTED TO COUNCIL. APPROVED AS TO CONTENT: APPROVED AS TO CONTENT: a;a,,A)SG ►, blic Works / Real Estate Economic Development APPROVED AS TO LEGAL SUFFICIENCY: CA12982 \\vbgov.com\DFS1 \Applications\CityLawProd\cycom32\W pdocs\D002\P018\00158854. DOC R-1 October 13, 2014 EXHIBIT A I NOTES: 1. THIS EXHIBIT IS INTENDED TO SHOW THE AREA OF PROPOSED RIGHT-OF-WAY CLOSURES AND INDEPENDENT OF THE ASSOCIATED RECORD DOCUMENT(S) IS NOT INTENDED FOR ANY OTHER THAN GENERAL REFERENCE. 2. A TITLE REPORT HAS NOT BEEN PROVIDED FOR THIS PROPERTY. A=88.85' R=772.50' A =6'35'24 "-J 1 PARCEL 'E' N/F EMMANUEL PROTESTANT EPISCOPAL CHURCH OF KEMPSVILLE A=37.66' ji 1466-78-0931 R=75.00' A =28'46'03" W �h. N� A=98.88' R=725.00' A =748'52" AREA OF PROPOSED STREET CLOSURE 'D-1' (28,095 SQ. FT., 0.645 AC.) �Fo FT 94/ ti �qR (ti!g�°iQ/N if/ 4p P B CESS ANNE Y /NST ?003e2228003; ('.tlB �)6, lc: 'Pato) 20 S 0722'22" W 228003SSj `3¢% to p 1• .)9.85' RS J 1/45 oe�i S1st• l/NE fr II �?¢"E Q�4 101.83' 1.4 O 33% 1, / /`/ /:;E--- 12'0 A=104.39' R=1122.50' A =5'19'43" PRINCESS ANNE ROAD (RELOCATED) VAR R/W (INST 20090519000553070)(INST 20091019001219680) A=45.15' (INST 20100203000113230)(IN5'T 20100409000329350) R=43.50' (INV' 20100507000436780)(M.B. 114, P. 21) A =59'27'51" 80.07' A=36.78' R=673.70' A =3'07'40" A=38.08' R=32.00' A =68'11'22" EXISTING R/W LINE N M Lf) O O O LC) rte) O O N (~ N 40'20'28" E 6.99' 7.20' N 40'20'28" E 18.97' 3212 ¢235' 105.78' co CO CC; (Nftiry O h '114 Q' 1/4, Q 2 ^i' to;kttqf Q. y' _ S 15'21'33" W 3.85' A=38.15' R=87.50' A =24'58'55" A=6.43' 146:43' N 8p1>46" W N 49'3932" W 4.00' S 4020'28" W 31.26' AREA OF PROPOSED STREET CLOSURE '0-2' (1,931 SQ. FT., 0.044 AC.) Landscape Architecture Land Surveying Civil Engineering wpkite.com 757.431.1041 242 NEMNIL SIE 8MCNABMN23452 STREET CLOSURE EXHIBIT OF A 26,095 SQ. FT. (0.645 AC.) PORTION OF SINGLETON WAY (FORMERLY PRINCESS ANNE ROAD) AbW AND AS. 111TCHDUCK ROAD (RTE 190) 1,931 SQ. FT. (0.044 AC.) PORTION OF PRINCESS ANNE ROAD (RELOCATED) AND S 1RTCHDUCK ROAD (RTE 190) (PUBLIC RIGHT-OF-WAYSXINST No 20130315000305320) VIRGINIA BEACH, VIRGINIA Exclusively for CITY OF VRGNA BEACH SHEET 1 OF 1 SCALE: 1" = 100' 04 FEBRUARY, 2014 [_CAD/chk TMF/els CITY OF VIRGINIA BEACH, VA 1 F.B. P. I PLAT: I JN: 213-0160 EXHIBIT B SUMMARY OF TERMS 2.812+/- Acres Located at 5161 Princess Anne Road SELLER: City of Virginia Beach (the "City") PURCHASER: S. L. Nusbaum Realty Co. PROPERTY: Approximately 2.812 acres consisting of (a) 2.123 acres +/- GPIN 1466-78-3845 and (b) 0.689 acres of former right-of-way adjacent to the 2.123 acre parcel. PURCHASE PRICE: $2,300,000 INTENDED USE: Purchaser intends to re -subdivide the Property into two parcels. One parcel to be developed as an approximately 13,000 sq. ft. pharmacy with a 24-hour operation and a drive-through window (during the hours of 10 a.m. to 10 p.m.) (the "Anchor Store"). The second parcel to be developed for multi -tenant retail shops (the "Retail Parcel"). RIGHTS AND RESPONSIBILITIES OF CITY: • City to have right to reacquire Property if construction of Anchor Store has not commenced within one hundred eighty (180) days after closing. Repurchase price to be $2,300,000. • City to have right to reacquire Retail Parcel if construction on remaining improvements not commenced within one (1) year after completion of Anchor Store. Repurchase price to be pro -rata portion of purchase price based on acreage of Retail Parcel. RIGHTS AND RESPONSIBILITIES OF PURCHASER: • Pays all costs of development of project, including subdivision of Property for intended uses. • Pays $50,000 deposit within ten (10) days of execution of purchase agreement. Deposit refundable during due diligence period. • Due diligence period of twelve (12) months for Purchaser to confirm satisfactory title, environmental, and other requirements of Property (drainage, traffic control, etc). • Purchase property from the City at conclusion of due diligence period. Page 1of 2 • Must commence construction of Anchor Store within one hundred eighty (180) days of closing and complete construction within one (1) year thereafter. • Must commence construction of Retail Parcel within twelve (12) months of completion of Anchor Store and complete construction within one (1) year thereafter. • Construction of all improvements to be consistent with the Historic Kempsville Master Plan and the Historic Kempsville CAC Project Review Sub -committee. • Responsible for any necessary environmental remediation on Property. • Responsible for obtaining approval from Emmanuel Episcopal Church regarding Purchaser's landscaping plan. • Purchaser to have right to assign purchase agreement to a limited liability company in which S. L. Nusbaum Realty Co., or its affiliate, is a member. Page 2of 2 1 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Award a License of a Portion of City Property Located at 4535 Commerce Street Inside the Communications Room and Under the Spire Atop the Westin Tower MEETING DATE: October 21, 2014 • Background: The City of Virginia Beach owns an approximately 800 square foot condominium unit on the top level of the Westin tower ("Communications Room"). The City utilizes the Communications Room for installation and operation of radio and other electronic equipment necessary for the City's communications and information needs. In addition to acquiring the Communications Room, the City entered into a license agreement ("License Agreement") with Town Center Associates 7, L.L.C. ("TCA"), which owns the rooftop and spire above the Westin tower. The License Agreement provides for the City's right to use all of the space underneath the spire on top of the roof of the Westin tower ("Spire Space"). The License Agreement also provides that the City has the right to enter into sub -licenses with other users for use of the Spire Space, and, in accordance with the terms of the License Agreement, the City is entitled to keep all revenues generated from all sub - licenses. The Commonwealth of Virginia, through the Virginia State Police ("VSP"), desires to license a portion of the Communications Room and a portion of the Spire Space for the installation and operation of radio transmission equipment. VSP's equipment would be used as a VHF STARS site to support VSP's radio communications at the oceanfront. VSP's proposed use would not interfere with the City's use nor would VSP's use preclude additional users of the Communications Room or Spire Space in the future. • Considerations: The term of the license is five (5) years. VSP will not pay the City a license fee. VSP will reimburse the City two thousand six hundred dollars ($2,600) annually during the term of the agreement for electrical service supplied to VSP from the City's power source. ■ Public Information: A public notice was published in The Beacon on October 12, 2014 and October 19, 2014. • Recommendation: Approval • Attachments: Ordinance, Summary of Terms Recommended Action: Approval Submitting Department/Agency: Communication and Information Technology City Manager: l J , 1 AN ORDINANCE TO AWARD A LICENSE OF A 2 PORTION OF CITY PROPERTY LOCATED AT 3 4535 COMMERCE STREET INSIDE THE 4 COMMUNICATIONS ROOM AND UNDER THE 5 SPIRE ATOP THE WESTIN TOWER 6 7 WHEREAS, the City of Virginia Beach ("City") owns a condominium unit on the 8 top of the Westin tower at 4535 Commerce Street ("Communications Room"); 9 10 WHEREAS, the City purchased the Communications Room for the purpose of 11 installing and utilizing communications equipment to benefit the needs of the City; 12 13 WHEREAS, to support the equipment used in the Communications Room, the 14 City licenses ("License") from Town Center Associates 7, L.L.C. use of all of the space 15 underneath the spire on the roof of the Westin tower ("Spire Space"); 16 17 WHEREAS, pursuant to the terms of the License, the City has the right to sub - 18 license use of the Spire Space to third parties and retain all revenues derived from third 19 party licensees; 20 21 WHEREAS, the City received a request from the Commonwealth of Virginia, 22 through the Virginia State Police ("VSP"), to sub -license a portion of the Spire Space for 23 the purpose of maintaining radio broadcasting facilities for a five (5) year term; and 24 25 WHEREAS, the proposed use by VSP would not interfere with the City's use of 26 the Communications Room or the Spire Space. 27 28 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 29 OF VIRGINIA BEACH, VIRGINIA: 30 31 That the City Manager is hereby authorized to execute a license agreement, for 32 the term of five (5) years, between VSP and the City, for space within the 33 Communications Room and the Spire Space, in accordance with the agreement and 34 such other terms, conditions and modifications as may be acceptable to the City 35 Manager and in a form deemed satisfactory by the City Attorney. 36 37 38 day of , 2014. Adopted by the Council of the City of Virginia Beach, Virginia on the APPROVED AS TO CO TENT: APPROVED AS TO LEGAL SUFFICIENCY: Comm nication and Information City Attorney's Office < Technology CA13105 R-1 October 1, 2014 SUMMARY OF TERMS AN ORDINANCE TO AWARD A LICENSE OF A PORTION OF CITY PROPERTY LOCATED AT 4535 COMMERCE STREET INSIDE THE COMMUNICATIONS ROOM AND UNDER THE SPIRE ATOP THE WESTIN TOWER LICENSOR: City of Virginia Beach ("City") LICENSEE: Commonwealth of Virginia, through the Virginia State Police ("VSP") PREMISES: Approximately 8+/- sq. ft. of space within the communications room in the Westin tower and 15+/- sq. ft. of space under the spire atop the Westin tower, located at 4535 Commerce Street (Town Center — Block 7) TERM: Five (5) years LICENSE FEE: VSP will not pay a license fee. VSP will pay the City two thousand six hundred dollars ($2600) annually during the term of the agreement as reimbursement for electrical service supplied to VSP by the City's power source. PROPOSED USE: Installation and operation of a four channel STARS radio site to support VSP's radio communications at the oceanfront. RESTRICTIONS ON USE OF LICENSED AREA: The placement and operation of all equipment shall not interfere with the City's equipment and operations at the Westin tower in either the Communications Room or on the roof. City to approve, in advance, all equipment and the placement of all equipment of Licensee. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Grant a Franchise to Entertainment, Inc. for the Use of City Property at the Oceanfront and 15th Street for the Operation of the Virginia Beach Fishing Pier MEETING DATE: October 21, 2014 ■ Background: In April of 1962, City Council issued an invitation to bid for the construction and operation of a fishing and amusement pier at 15th Street on the oceanfront (the "Pier"). On May 11, 1962, a franchise for a term of 20 years was granted to the same family business, then known as the Virginia Beach Pier and Amusement Company ("VBPAC"). Since the expiration of the original 20 -year term, additional 5 -year franchises and one three-year franchise have been granted to VBPAC's successor, Entertainment, Inc. The pier has been continuously maintained and operated by the same family since 1949. • The last franchise was granted to Entertainment, Inc. on August 24, 2010 and will expire on October 31, 2014. Entertainment, Inc. has expressed a desire to continue operating the Pier and its related facilities. The renewal term will be for two (2) years, with three (3) additional one-year renewal options. ■ Considerations: The initial term of the franchise will be effective as of November 1, 2014 until October 31, 2016. Other terms and conditions are set forth in the Summary of Terms, attached to the Ordinance as Exhibit A. As with past agreements, Entertainment, Inc. is required to maintain the pier and make repairs as needed. • Public Information: Advertisement for public hearing as required by §15.2-1800 of the Code of Virginia; advertisement of City Council agenda. ■ Alternatives: Adopt the ordinance as presented, change any conditions or terms of the franchise agreement or disapprove the ordinance. • Recommendations: Approval. • Attachments: Ordinance, Summary of Terms Recommended Action: Approval Submitting Department/Agency: Strategic Growth Area Offic City Manage 1 AN ORDINANCE TO GRANT A FRANCHISE 2 TO ENTERTAINMENT, INC. FOR THE USE 3 OF CITY PROPERTY AT THE OCEANFRONT 4 AND 15TH STREET FOR THE OPERATION 5 OF THE VIRGINIA BEACH FISHING PIER 6 7 WHEREAS, on May 11, 1962, the City Council originally granted a twenty - 8 year franchise to Virginia Beach Pier and Amusement Company ("VBPAC") at the 9 oceanfront and 15th Street for the construction and operation of a fishing and 10 amusement pier (the "Virginia Beach Fishing Pier"); 11 12 WHEREAS, since the expiration of the original twenty-year franchise, 13 additional five-year franchises and one (1) three-year franchise have been granted to 14 the VBPAC's successor, Entertainment, Inc.; 15 16 WHEREAS, the current franchise expires on October 31, 2014 and 17 Entertainment, Inc. desires to continue operating the pier and its related facilities; 18 19 WHEREAS, Entertainment, Inc. has agreed to make certain repairs and 20 refurbishments to the pier as a condition to the granting of a new franchise; 21 22 WHEREAS, City staff has recommended to the City Council that a 23 franchise be awarded to Entertainment, Inc. for a two-year term, with three (3) additional 24 one-year renewal options; and 25 26 WHEREAS, based on the staff's recommendation and the pier's long-time 27 existence, the City Council finds that granting a franchise for up to five years for the 28 operation of the Virginia Beach Fishing Pier will promote the public interest and serve to 29 enhance the festive atmosphere at the oceanfront. 30 31 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 32 OF VIRGINIA BEACH, VIRGINIA: 33 34 1. That a franchise is hereby granted to Entertainment, Inc. to operate 35 the Virginia Beach Fishing Pier at its existing location effective November 1, 2014 until 36 October 31, 2016, with three (3) additional one-year renewal options. 37 38 2. That the City Manager, or his designee, is hereby authorized to 39 execute the franchise agreement with Entertainment, Inc. in accordance with the 40 Summary of Terms attached hereto as Exhibit A and made a part hereof, and such 41 other terms and conditions deemed necessary and sufficient by the City Manager and in 42 a form deemed satisfactory by the City Attorney. 1 43 Adopted by the Council of the City of Virginia Beach, Virginia, on this 44 day of , 2014. APPROVED AS TO CONTENT: Strategic Gro'vth Area Office CA12977 V:\applications\citylawprod\cycom32\W pdocs\D026\P002\00040994.DOC R-1 October 9, 2014 2 APPROVED AS TO LEGAL SUFFICIENCY: City Attorney EXHIBIT A SUMMARY OF TERMS Proposed Franchise For Virginia Beach Fishing Pier City of Virginia Beach Entertainment, Inc. Grantor: Grantee: Franchise Property: Initial Term: Renewal Options: Franchise Fee: "Pier Property" as set forth on Exhibit B (attached) November 1, 2014 through October 31, 2016. Three (3) additional one-year renewal options. Options only exercised on mutual agreement of both parties. $20,000 for each year of the franchise, to be paid in equal installments on the 15th of each June, July, August and September of each year. Responsibilities of Grantee: • Shall keep Pier and Pier Property in good condition and repair. • Shall provide commercial liability coverage including product liability coverage in the amount of not less than $1,000,000 (CSL). • Shall indemnify and hold harmless the Grantor for all claims, damages or losses resulting from Grantee's operation, occupancy and use of the Pier and Pier Property or the conduct of its operation, or resulting from the negligence or intentional acts or omissions of the Grantee. • Shall maintain financial reserves of at least $100,000 at all times to be used to repair or remove pier in event of damage or destruction. • Shall be responsible for payment of all applicable taxes in connection with the use of the Property. • Within ninety (90) days of execution of the franchise agreement, Grantee shall obtain a report documenting the condition of the pier, including the structural soundness of the pier, from SPC Structural Engineers documenting necessary repairs needed at the pier (the "SPC Report"). • All repairs recommended will be made within one hundred eighty (180) days after receipt of the SPC Report and will meet or exceed the recommendations made in the SPC Report. • Any repair or repainting referenced in the SPC Report shall be performed as needed to ensure a consistent state of repair through the term of the franchise agreement. • Grantee shall have the right to terminate the Franchise if it is unwilling or unable to perform the repairs recommended in the SPC Report. Permitted Uses: • Rental and sale of bait and tackle for fishing. • One or more restaurants with a maximum area of 4,600 square feet each. • Retail stores engaged in the sale of tourist -related merchandise, goods and/or services. However, the sale of time shares shall be permitted only from a specified kiosk on the Pier. Rights and Responsibilities of Grantor: • Shall have the right to inspect the Pier and the Pier Property at all reasonable times with or without notice to the Grantee. • Shall have the right to cancel and terminate the franchise on written notice to the Grantee upon failure of the Grantee to cure a default or a breach of the terms and conditions of the franchise. Shall have the right, with no compensation to the Grantee, to photograph the Pier, including the interior and exterior thereof, any persons on and about the Pier and the name of the Grantee's establishments, and to use any such photographs in any of the Grantor's publicity or advertising. Special Conditions: • From November 1 through January 6 of each year, the Grantor shall have the right to place on the Pier electric lights, electrical wiring, temporary junctions or fuse boxes and such other equipment needed by Grantor in connection with a holiday light display on the Virginia Beach oceanfront boardwalk of the type currently known as "Holiday Lights at the Beach". • Franchise is assignable upon written consent of the City, which consent may be denied for any reason. ITEM: A Resolution to Approve Establishment of Cardinal Ambulance Service, Inc. in Virginia Beach and to Approve an Annual EMS Permit for Providing Private Ambulance Services MEETING DATE: October 21, 2014 • Background: Code of Virginia Section 15.2-955 requires City Council to approve, by resolution, the establishment of any emergency medical service organization wishing to operate in the City of Virginia Beach. Further, Code of Virginia Section 32.1-111.14 and City Code Section 10.5-2 require such organizations to obtain an annual permit authorizing its operation. The annual permit may only be granted by City Council. • Considerations: Cardinal Ambulance Service, Inc.'s application for the operation of a private EMS agency was processed by the Department of Emergency Medical Services. The Department of Emergency Medical Services is recommending approval of both the establishment and operation of Cardinal Ambulance Service, Inc. in Virginia Beach as necessary to assure the provision of adequate and continuing emergency services and to preserve, protect and promote the public health, safety and general welfare. If granted, this permit shall be effective immediately and until June 30, 2015. The City Code provides that permits shall be valid until June 30th, regardless of when they are issued. If the applicant remains in compliance and seeks renewal, the applicant's renewal request will be included with all of the other permit renewals, which are brought to City Council for its consideration each June. • Public Information: Public information will be handled through the normal agenda process. • Recommendations: Approve Resolution. • Attachments: Resolution. Recommended Action: Approval Submitting Department/Agency: Department of Emergency Medical Services City Manage .)4-1 1 A RESOLUTION TO APPROVE ESTABLISHMENT OF 2 CARDINAL AMBULANCE SERVICE, INC. IN VIRGINIA 3 BEACH AND TO APPROVE AN ANNUAL EMS PERMIT FOR 4 PROVIDING PRIVATE AMBULANCE SERVICES 5 6 WHEREAS, in accordance with Code of Virginia § 15.2-995, City Council must 7 approve the establishment of an emergency medical service organization in the City of 8 Virginia Beach; and 9 10 WHEREAS, in accordance with Code of Virginia § 32.1-111.14 and City Code § 11 10.5-2 , any individual or organization that desires to operate an emergency medical 12 services agency or emergency medical services vehicles in Virginia Beach for emergency 13 transport or non -emergency transport purposes must apply for a permit; and 14 15 WHEREAS, a request for establishment and an application for a permit has been 16 received from Cardinal Ambulance Service, Inc.; and 17 18 WHEREAS, this request and application has been recommended for approval by 19 the Virginia Beach Department of Emergency Medical Services; and 20 21 WHEREAS, City Council finds the approval of this request and application is in the 22 best interests of the citizens of Virginia Beach as it will assure continued and adequate 23 emergency services and will preserve, protect and promote the public health, safety and 24 general welfare of the citizens. 25 26 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA: 28 29 That the request of Cardinal Ambulance Service, Inc. for the establishment of its 30 emergency medical service in the City of Virginia Beach, and its application for an annual 31 EMS permit for providing private EMS ambulance services in the City of Virginia Beach is 32 hereby approved and granted, effective immediately and until June 30, 2015. 33 34 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 35 , 2014. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Emergency Medical Services City Attorney's Off CA13134 R-1 October 7, 2014 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Authorize the Acceptance of a Dedication from Mark F. Garcea of a 20' Public Maintenance, Access and Drainage Easement (approximately 0.226 acres) over Property located at 4017 and 4025 Wheelgate Lane (GPINs: 1488-03-0622 & 1478-93-9349) MEETING DATE: October 21, 2014 • Background: The City of Virginia Beach Public Works Operations Department has been receiving drainage complaints from the residents of Saw Pen Point for a number of years. Stormwater runoff ponds in the right-of-way for several days until the system is vacuumed by City forces or the water evaporates. There is no existing emergency outfall relief system currently in place. The Wheelgate Lane Drainage Improvements Project, CIP 7-416.026 was established to provide an emergency overflow system for the two existing infiltration inlets by connection with storm pipe and a proposed outfall pipe with stabilization located between 4017 Wheelgate Lane and 1040 Ducking Point Trail. The new pipe and outfall pipe will be designed to carry runoff from a 10 -year rainfall event and will follow the existing 5 -foot public drainage easement and the proposed additional 20 -foot public maintenance, access and drainage easement to an outlet into the Western Branch of the Lynnhaven River. Mark F. Garcea owns the properties located at 4017 and 4025 Wheelgate Lane (collectively, the "Property") over which the 20 -foot public maintenance, access and drainage easement (the "Easement") is to be located. Mr. Garcea has agreed to dedicate the necessary Easement over the Property to the City in order to resolve the stormwater issues. • Considerations: The Landowner has agreed to dedicate the easements to the City. • Public Information: Advertisement of City Council's Agenda. • Alternatives: Decline the proposed dedication. • Recommendations: Approval • Attachments: Ordinance and Location Map Recommended Action: Approval Submitting Department/Agency: Deputy City Manager/ Public Works 8C4 City Manager- 1 1 AN ORDINANCE TO AUTHORIZE THE 2 ACCEPTANCE OF A DEDICATION FROM 3 MARK F. GARCEA OF A 20' PUBLIC 4 MAINTENANCE, ACCESS AND DRAINAGE 5 EASEMENT (APPROXIMATELY 0.226 6 ACRES) OVER PROPERTY LOCATED AT 7 4017 AND 4025 WHEELGATE LANE (GPINS: 8 1488-03-0622 & 1478-93-9349) 9 10 WHEREAS, the City of Virginia Beach Public Works Operations Department 11 desires to improve stormwater drainage in the Saw Point Pen neighborhood; 12 13 WHEREAS, the Wheelgate Lane Drainage Improvements Project, CIP 7-416.026 14 was established to provide an emergency overflow system for the two existing 15 infiltration inlets by connection with storm pipe and a proposed outfall pipe with 16 stabilization located between 4017 Wheelgate Lane and 1040 Ducking Point Trail. The 17 new pipe and outfall pipe will be designed to carry runoff from the ten year rainfall event 18 and will follow the existing five (5) foot public drainage easement and the proposed 19 additional twenty (20) foot public maintenance, access and drainage easement to outlet 20 into the Western Branch of the Lynnhaven River; 21 22 WHEREAS, Mark F. Garcea owns the properties located at 4017 and 4025 23 Wheelgate Lane (collectively, the "Property") over which the twenty (20) foot public 24 maintenance, access and drainage easement (the "Easement") is to be located, as 2 5 shown on the plats attached as Exhibit A; and 26 27 WHEREAS, Mr. Garcea has agreed to dedicate the Easement over the Property 28 to the City in order to resolve the stormwater issues. 29 30 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 31 VIRGINIA: 32 33 1. That the City Council authorizes the acceptance of the dedication of the 34 Easement by Mark F. Garcea to the City of Virginia Beach. 35 36 2. That the City Manager or his designee is further authorized to execute all 37 documents that may be necessary or appropriate in connection with accepting the 38 dedication of the Easement, so long as such documents are acceptable to the City 39 Manager and in a form deemed satisfactory by the City Attorney. 40 41 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 42 of , 2014. CA13115 R-1 PREPARED: 10/9/14 \\vbgov. com\dfs 1 \applications\citylawprod\cycom 32\wpdocs\d025\p018\00157531. doc APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM C m C C C k.,A, Yi l < fir. 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Op _Al 0 Fug g-9 20F _ c (ten ops orn 5 ID.d °°fid �d6C' 4,0 rnA d y 9, mz wrn SEE NOTE /1 t b CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the Execution of a Cost Participation Agreement with Green Hill by the Bay Condominium Owners Association for Acceptance of a Private Sewer System and Conversion into the City's Public Sewer System MEETING DATE: October 21, 2014 • Background: Green Hill by the Bay Condominium Owners Association (the "Association") is the owner of a private sanitary sewer collection and pump system (the "Sewer System") servicing the residents of Green Hill by the Bay, a condominium made up of 28 single-family residences ("GHBTB"). The Sewer System is in need of repairs and restoration in order to provide continued service to GHBTB, and in lieu of making the needed repairs, the Association desires that the Sewer System be dedicated to the City of Virginia Beach (the "City") for perpetual operation and maintenance. The City has approved construction of a new pump station to serve the adjacent neighborhood, Green Hill Farms ("GHF") (CIP 6-201), which pump station can be expanded to accommodate the sanitary sewer needs of GHBTB. • Considerations: City Staff is of the opinion that entering into this Agreement with the Association would provide a mutual benefit to the parties by combining the necessary sewer system upgrades of GHBTB and GHF into one project, thus reducing the per -residence cost to the City for the pump station project while relieving the Association of the ongoing responsibility of its current Sewer System. In addition to dedicating the Sewer System, GHBTB will contribute $120,000 to the City, upon acceptance of the Sewer System, toward the cost of incorporation of the private system in the public system. • Public Information: Advertisement of City Council's Agenda • Alternatives: Approve as written; make changes to the Agreement; do not approve the Agreement. • Attachments: Ordinance, Summary of Terms and Location Map Recommended Action: Approval 4144Submitting Department/Agency: Public Utilities/Engineering City Manager: 1 AN ORDINANCE AUTHORIZING EXECUTION 2 OF A COST PARTICIPATION AGREEMENT 3 WITH GREEN HILL BY THE BAY 4 CONDOMINIUM OWNERS ASSOCIATION FOR 5 ACCEPTANCE OF A PRIVATE SEWER SYSTEM 6 AND CONVERSION INTO THE CITY'S PUBLIC 7 SEWER SYSTEM 8 9 WHEREAS, Green Hill by the Bay Condominium Owners Association, a Virginia 10 non -stock corporation (the "Association"), is the owner of a private sanitary sewer collection 11 and pump system (the "Sewer System") servicing the residents of Green Hill by the Bay, a 12 condominium made up of 28 single-family detached residences, GPIN 1499-76-7107 13 ("GHBTB"); 14 15 WHEREAS, the Sewer System is in need of repair and restoration in order to 16 provide continued service to GHBTB, and in lieu of making the needed repairs, the 17 Association desires that the Sewer System be dedicated to the City of Virginia Beach (the 18 "City") for perpetual operation and maintenance; 19 20 WHEREAS, to defray the costs associated with incorporating the Sewer System into 21 the public system, GHBTB has agreed to contribute $120,000 toward the City's costs; 22 23 WHEREAS, the City has approved the construction of a new pump station to 24 replace the private septic systems currently servicing the 11 -residence Green Hill Farms 25 subdivision ("GHF")(CIP 6-201); and 26 27 WHEREAS, it has been determined that the new pump station can be expanded to 28 accommodate GHBTB in addition to GHF, which would provide a mutual benefit by 29 reducing the per -residence cost to the City while relieving the Association of the ongoing 30 responsibility of repair and maintenance of its current Sewer System. 31 32 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 33 VIRGINIA BEACH, VIRGINIA: 34 35 1. That the City Manager is hereby authorized to execute a cost participation 36 agreement between the City and Green Hill by the Bay Condominium Owner's Association 37 and to execute all documents necessary to (1) accept on behalf of the City ownership of a 38 private sanitary sewer collection and pump system, and (2) integrate the private system 39 into the City's public sewer system, so long as such documents are in accordance with the 40 Summary of Terms, attached hereto as Exhibit A and made a part hereof, and such other 41 terms, conditions or modifications as may be acceptable to the City Manager and in a form 42 deemed satisfactory by the City Attorney. 43 1 44 2. That $120,000 from the Green Hill by the Bay Condominium Owners' 45 Association is hereby accepted and appropriated, with estimated revenue increased 46 accordingly, to CIP 6-201, "Green Hill Farms Sewer Improvements." 47 48 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of 49 , 2014. APPROVED AS TO APPROVED AS TO LEGAL Public Utilities SUFFICIENCY: City Attorney's Office Li APPROVED AS TO AVAILABILITY OF APPROVED AS TO CONTENT: FUNDS: APPROVED AS TO CONTENT: \c,o)-Lj. � P1 Management Services CA12974 k Management \cd)Oi$(iL( REQUIRES AN AFFIRMATIVE VOTE BY MAJORITY OF ALL THE MEMBERS OF CITY COUNCIL \\vbgov.com\DFS 1\Applications\CityLawProd\cycom32\Wpdocs\D018\POI 9\00148783.DOC R-1 October 7, 2014 2 H EXHIBIT B SUMMARY OF TERMS CURRENT OWNER OF SEWER SYSTEM AND PUMP STATION: Green Hill by the Bay Condominium Owners Association PROPOSED OWNER OF SEWER SYSTEM, NEW PUMP STATION AND UPGRADES: SCOPE OF PROJECT: City of Virginia Beach — Department of Public Utilities The City will take ownership of Green Hill by the Bay's ("GHBTB") existing private sewer system ("Sewer System") and construct a new pump station that will be physically located within the adjacent subdivision, Green Hill Farms ("GHF"). The City will make repairs and upgrades to the Sewer System to meet current City standards, connect the Sewer System to the new pump station, and relocate the backyard sewers/connections from GHBTB's private residences to the City's easement. The City will maintain the Sewer System in perpetuity. COST PARTICIPANT: Green Hill by the Bay Condominium Owners Association CONSTRUCTION COSTS: Funding for upgrades/replacement of pump stations throughout the City is provided through CIP 6-041, and is ongoing. Funding for sanitary sewer service to GHF specifically is included in CIP 6-201. GHBTB Condominium Association will contribute $120,000 to the City in consideration of the City's acceptance of the private sewer system and incorporation of same into the City's public sewer system. In addition, GHBTB will convey all of the necessary easements to the City in order to construct the project, perform the upgrades, and maintain the Sewer System. .4.4111.rll � II C CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Authorize the City Manager to Execute a Feasibility Cost Sharing Agreement and Related Activities with the Army Corps of Engineers to Initiate a Feasibility Study of Lynnhaven Inlet Jetties MEETING DATE: October 21, 2014 • Background: The Lynnhaven Inlet federal navigation channel, maintained by the U.S. Army Corps of Engineers (USACE), provides access to the Chesapeake Bay and Atlantic Ocean for commercial fishing vessels, pilot vessels and a wide range of private recreational vessels. There is consistent and regular shoaling in the federal navigation channel that threatens navigational safety. Because of the consistent shoaling, the City wishes to partner with the USACE to investigate the feasibility of constructing jetties at the Lynnhaven Inlet entrance channel where it meets the Chesapeake Bay. The jetties are expected to reduce shoaling in the federal channel, which should reduce the frequency of required maintenance dredging events and improve safety for the vessels that navigate the channel. The City is required to contribute fifty (50) percent of the funding needed for the feasibility study related to the Lynnhaven Inlet Jetties project. The City's share for this effort is currently estimated at $345,400, which is available in CIP #8-014 "Lynnhaven Inlet Maintenance Dredging." The USACE, Norfolk District, has provided a draft of the Feasibility Cost Sharing Agreement (FCSA) for the Lynnhaven Jetties Feasibility Study and attached certificates as to authority and lobbying to facilitate review by USACE. • Considerations: Public Works staff is of the belief that the study of inlet jetties is worth the required effort. Partnering with the USACE, bringing their expertise and federal cost sharing to the study phase and ultimately construction, provides a leveraged approach. • Public Information: Normal Council Agenda process. • Alternatives: The primary alternative is 'no action.' While the City has benefitted from USACE management of the channel for decades, the probability of continued participation may be enhanced by pursuing this proposed feasibility study. • Recommendations: Approve the draft FCSA and authorize the execution of the related certificates. • Attachments: Ordinance; Exhibit A: Feasibility Cost Sharing Agreement, including attached certificates of authority and lobbying Recommended Action: Approval Submitting Department/Agency: Public Works City Manager: yNc) 1 AN ORDINANCE TO AUTHORIZE THE CITY 2 MANAGER TO EXECUTE A FEASIBILITY COST 3 SHARING AGREEMENT AND RELATED 4 ACTIVITIES WITH THE ARMY CORPS OF 5 ENGINEERS TO INITIATE A FEASIBILITY STUDY 6 OF LYNNHAVEN INLET JETTIES 7 8 WHEREAS, the Lynnhaven Inlet federal navigation channel, maintained by the 9 U.S. Army Corps of Engineers (USACE), provides access to the Chesapeake Bay and 10 Atlantic Ocean for commercial fishing vessels, pilot vessels, and a wide range of private 11 recreational vessels; and 12 13 WHEREAS, there is consistent and regular shoaling in the federal navigation 14 channel that threatens navigational safety; and 15 16 WHEREAS, because of the consistent shoaling, the City wishes to partner with 17 the USACE to investigate the feasibility of constructing jetties at the Lynnhaven Inlet 18 entrance channel where it meets the Chesapeake Bay; and 19 20 WHEREAS, jetties are expected to reduce shoaling in the federal channel, which 21 should reduce the frequency of required maintenance dredging events and improve 22 safety for the vessels that navigate the channel; and 23 24 WHEREAS, the City would be required to contribute 50% of the funding required 25 for a feasibility study, which is currently estimated to be $345,400; and 26 27 WHEREAS, the City Council finds it serves the public interest to partner with the 28 USACE in funding a feasibility study for constructing jetties at the Lynnhaven Inlet 29 entrance channel; 30 31 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 32 VIRGINIA BEACH, VIRGINIA, THAT: 33 34 The City Manager, or his designee, is hereby authorized and directed to execute 35 a Feasibility Cost Sharing Agreement with the Department of the Army for a feasibility 36 study of Lynnhaven Inlet Jetties, attached hereto as Exhibit A, and the City Manager 37 and City Attorney, or designee, is hereby authorized to execute the required certificates 38 regarding authority and lobbying. 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: i61,269, Public orks Public orks City Attorney CA13133 / R-1 / October 7, 2014 EXHIBIT A: DRAFT FEASIBILITY COST SHARING AGREEMENT AGREEMENT BETWEEN THE DEPARTMENT OF THE ARMY AND THE CITY OF VIRGINIA BEACH FOR THE LYNNHAVEN INLET JETTIES THIS AGREEMENT is entered into this day of , , by and between the Department of the Army (hereinafter the "Government"), represented by the U.S. Army Engineer, Norfolk District and the City of Virginia Beach (hereinafter the "Non -Federal Sponsor"), represented by the Water Resources Engineer. WITNESSETH, THAT: WHEREAS, the Government received a letter, dated August 20, 2010, from the City of Virginia Beach in which it stated its desire to participate in a feasibility study for an implementable solution for continued shoaling and hazard to navigation at the Lynnhaven Inlet, Virginia Beach, Virginia, and in which it acknowledged its financial responsibilities for the study and a project, if one is recommended; WHEREAS, the Secretary of the Army is authorized by Section 107 of the River and Harbor Act of 1960, Public Law 86-645, as amended (33 U.S.C. 577; hereinafter "Section 107") to allot from certain appropriations an amount not to exceed $50,000,000 per fiscal year for the construction of small river and harbor improvements projects and not more than $10,000,000 in Federal funds shall be allotted for a project at any single locality; WHEREAS, the Government initiated a feasibility study, to be initially Federally funded up to $100,000, and during this Federally funded portion the Government determined that the costs of the feasibility study would exceed $100,000; WHEREAS, the Government and the City of Virginia Beach desire to enter into an agreement (hereinafter the "Agreement") to complete the feasibility study (hereinafter the "Study" as defined in Article I.A. of this Agreement) and to share equally the costs of the Study that exceed $100,000; WHEREAS, Section 105(a) of the Water Resources Development Act of 1986, Public Law 99-662, as amended (33 U.S.C. 2215(a)), specifies the cost-sharing requirements applicable to the Study; 1 WHEREAS, the Government and Non -Federal Sponsor have the full authority and capability to perform as hereinafter set forth and intend to cooperate in cost-sharing and financing of the Study in accordance with the terms of this Agreement; and WHEREAS, the Government and the Non -Federal Sponsor, in connection with this Agreement, desire to foster a partnering strategy and a working relationship between the Government and the Non -Federal Sponsor through a mutually developed formal strategy of commitment and communication embodied herein, which creates an environment where trust and teamwork prevent disputes, foster a cooperative bond between the Government and the Non - Federal Sponsor, and facilitate the successful Study. NOW, THEREFORE, the Government and the Non -Federal Sponsor agree as follows: ARTICLE I — DEFINITIONS A. The term "Study" shall mean the activities and tasks required to identify and evaluate alternatives and the preparation of a decision document that, when appropriate, recommends a coordinated and implementable solution for continued shoaling and hazard to navigation at Lynnhaven Inlet, Virginia Beach, VA. The term includes in-kind contributions described in paragraph I. of this Article. B. The term "total study costs" shall mean the sum of all costs incurred by the Non -Federal Sponsor and the Government in accordance with the terms of this Agreement directly related to performance of the Study plus the costs of the Study incurred by the Government prior to the effective date of this Agreement. Subject to the provisions of this Agreement, the term shall include, but is not necessarily limited to: the Government's costs of plan formulation and evaluation, including applicable economic, engineering, real estate, and environmental analyses; the Government's costs of preparation of the decision document for the Study; the costs of in- kind contributions determined in accordance with Article II.B.3. of this Agreement; the Government's costs of Agency Technical Review and other review processes required by the Government; the Government's costs of Independent External Peer Review, if required, except for the costs of any contract for an Independent External Peer Review panel; the Government's supervision and administration costs; the Non -Federal Sponsor's and the Government's costs of participation in the Study Coordination Team in accordance with Article III of this Agreement; the Government's costs of contract dispute settlements or awards; and the Non -Federal Sponsor's and the Government's costs of audit in accordance with Article VI.B. and Article VI.C. of this Agreement. The term does not include the first $100,000 incurred by the Government for the Study; any costs of dispute resolution under Article V of this Agreement; any costs incurred as part of reconnaissance studies or feasibility studies under any other agreement or program; any costs of a contract for an Independent External Peer Review panel; the Non -Federal Sponsor's costs of negotiating this Agreement; or any costs of negotiating a project partnership agreement for design and construction of a project or separable element thereof. 2 C. The term "period of study" shall mean the time from the effective date of this Agreement to the date that the decision document for the study is duly approved by the Government or the date that this Agreement is terminated in accordance with Article IX of this Agreement. D. The term "financial obligations for the study" shall mean the financial obligations of the Government and the costs for in-kind contributions, as determined by the Government, that result or would result in costs that are or would be included in total study costs. E. The term "non -Federal proportionate share" shall mean the ratio of the sum of the costs included in total study costs for in-kind contributions, as determined by the Government, and the Non -Federal Sponsor's contribution of funds required by Article II.B.1.b. of this Agreement to financial obligations for the study, as projected by the Government. F. The term "Federal program funds" shall mean funds provided by a Federal agency, other than the Department of the Army, plus any non -Federal contribution required as a matching share therefor. G. The term "fiscal year" shall mean one year beginning on October 1 and ending on September 30. H. The term "PMP" shall mean the project management plan, and any modifications thereto, developed by the Government, and agreed to by the Non -Federal Sponsor, that specifies the scope, cost, and schedule for Study activities and guides the performance of the Study through the period of study. J. The term "Section 107 Annual Program Limit" shall mean the statutory limitation on the Government's annual allotment for planning, design, and construction of all projects implemented pursuant to Section 107 of the River and Harbor Act of 1960, Public Law 86-645, as amended (33 U.S.C. 577). As of the effective date of this Agreement, such limitation is $50,000,000. ARTICLE II - OBLIGATIONS OF THE GOVERNMENT AND THE NON-FEDERAL SPONSOR A. The Government, subject to receiving funds appropriated by the Congress of the United States (hereinafter the "Congress") and using those funds and funds provided by the Non -Federal Sponsor, expeditiously shall conduct the Study, applying those procedures usually applied to Federal projects, in accordance with Federal laws, regulations, and policies. The Non -Federal Sponsor expeditiously shall perform or provide the in-kind contributions in accordance with applicable Federal laws, regulations, and policies. 3 1. To the extent possible, the Government and the Non -Federal Sponsor shall conduct the Study in accordance with the PMP. 2. The Government shall afford the Non -Federal Sponsor the opportunity to review and comment on all products that are developed by contract or by Government personnel during the period of study. The Government shall consider in good faith the comments of the Non -Federal Sponsor, but the final approval of all Study products shall be exclusively within the control of the Government. 3. The Government shall afford the Non -Federal Sponsor the opportunity to review and comment on the solicitations for all Government contracts, including relevant scopes of work, prior to the Government's issuance of such solicitations. To the extent possible, the Government shall afford the Non -Federal Sponsor the opportunity to review and comment on all proposed contract modifications, including change orders. In any instance where providing the Non -Federal Sponsor with notification of a contract modification is not possible prior to execution of the contract modification, the Government shall provide such notification in writing at the earliest date possible. To the extent possible, the Government also shall afford the Non -Federal Sponsor the opportunity to review and comment on all contract claims prior to resolution thereof. The Government shall consider in good faith the comments of the Non -Federal Sponsor, but the contents of solicitations, award of contracts or commencement of work on the Study using the Government's own forces, execution of contract modifications, resolution of contract claims, and performance of all work on the Study, except for in-kind contributions, shall be exclusively within the control of the Government. 4. At the time the U.S. Army Engineer, Norfolk District (hereinafter the "District Engineer") furnishes the contractor with the Government's Written Notice of Acceptance of Completed Work for each contract awarded by the Government for the Study, the District Engineer shall furnish a copy thereof to the Non -Federal Sponsor. 5. The Non -Federal Sponsor shall afford the Government the opportunity to review and comment on the solicitations for all contracts for the in-kind contributions, including relevant scopes of work, prior to the Non -Federal Sponsor's issuance of such solicitations. To the extent possible, the Non -Federal Sponsor shall afford the Government the opportunity to review and comment on all proposed contract modifications, including change orders. In any instance where providing the Government with notification of a contract modification is not possible prior to execution of the contract modification, the Non -Federal Sponsor shall provide such notification in writing at the earliest date possible. To the extent possible, the Non -Federal Sponsor also shall afford the Government the opportunity to review and comment on all contract claims prior to resolution thereof. The Non -Federal Sponsor shall consider in good faith the comments of the Government but the contents of solicitations, award of contracts or commencement of work on the Study using the Non -Federal Sponsor's own forces, execution of contract modifications, resolution of contract claims, and performance of all work on in-kind contributions shall be exclusively within the control of the Non -Federal Sponsor. 4 6. At the time the Non -Federal Sponsor furnishes a contractor with a notice of acceptance of completed work for each contract awarded by the Non -Federal Sponsor for in-kind contributions, the Non -Federal Sponsor shall furnish a copy thereof to the Government. B. The Non -Federal Sponsor shall contribute 50 percent of total study costs in accordance with the provisions of this paragraph. 1. The Non -Federal Sponsor shall provide a contribution of funds as determined below: a. If the Government projects at any time that the collective value of the Non -Federal Sponsor's contributions listed in the next sentence will be less than the Non -Federal Sponsor's required share of 50 percent of total study costs, the Government shall determine the amount of funds that would be necessary to meet the Non -Federal Sponsor's required share without considering the credit the Government projects will be afforded for in-kind contributions pursuant to paragraph B.4. of this Article. The Government shall determine the amount of funds that would be necessary by subtracting from the Non -Federal Sponsor's required share of 50 percent of total study costs the collective value of the Non -Federal Sponsor's contributions under Article III and Article VI of this Agreement. b. The Non -Federal Sponsor shall provide funds in the amount determined by this paragraph in accordance with Article IV.B. of this Agreement. To determine the contribution of funds the Non -Federal Sponsor shall provide, the Government shall reduce the amount determined in accordance with paragraph B.1 .a. of this Article by the amount of credit the Government projects will be afforded for in-kind contributions pursuant to paragraph B.4. of this Article. 2. The Government, subject to the availability of funds and as limited by paragraph B.5. of this Article and the Section 107 Annual Program Limit, shall refund or reimburse to the Non -Federal Sponsor any contributions in excess of 50 percent of total study costs if the Government determines at any time that the collective value of the following has exceeded 50 percent of total study costs: (a) the Non -Federal Sponsor's contribution of funds required by paragraph B.1.b. of this Article; (b) the amount of credit to be afforded for in-kind contributions pursuant to paragraph B.4. of this Article; and (c) the value of the Non -Federal Sponsor's contributions under Article III and Article VI of this Agreement. 3. The Government shall determine and include in total study costs any costs incurred by the Non -Federal Sponsor for in-kind contributions, subject to the conditions and limitations of this paragraph. The Non -Federal Sponsor in a timely manner shall provide the Government with such documents as are sufficient to enable the Government to determine the amount of costs to be included in total study costs for in-kind contributions. a. Acceptance by the Government of in-kind contributions shall be subject to a review by the Government to verify that all economic, engineering, real estate, and 5 environmental analyses or other items performed or provided as in-kind contributions are accomplished in a satisfactory manner and in accordance with applicable Federal laws, regulations, and policies, and to verify that all analyses, services, materials, supplies, and other in-kind services provided as in-kind contributions are necessary for the Study. b. The Non -Federal Sponsor's costs for in-kind contributions that may be eligible for inclusion in total study costs pursuant to this Agreement shall be subject to an audit in accordance with Article VI.C. of this Agreement to determine the reasonableness, allocability, and allowability of such costs. c. The Non -Federal Sponsor's costs for in-kind contributions that may be eligible for inclusion in total study costs pursuant to this Agreement are not subject to interest charges, nor are they subject to adjustment to reflect changes in price levels between the time the in-kind contributions are provided and the time the costs are included in total study costs. d. The Government shall not include in total study costs any costs for in- kind contributions paid by the Non -Federal Sponsor using Federal program funds unless the Federal agency providing the funds verifies in writing that such funds are authorized to be used to carry out the Study. e. The Government shall not include in total study costs any costs for in- kind contributions in excess of the Government's estimate of the costs of the in-kind contributions if the services, materials, supplies, and other in-kind services had been provided by the Government. 4. The Government, in accordance with this paragraph, shall afford credit toward the amount of funds determined in accordance with paragraph B.1.a. of this Article for the costs of in-kind contributions determined in accordance with paragraph B.3. of this Article. However, the maximum amount of credit that can be afforded for in-kind contributions shall not exceed the least of the following amounts as determined by the Government: the amount of funds determined in accordance with paragraph B.1.a. of this Article; the costs of in-kind contributions determined in accordance with paragraph B.3. of this Article; or 50 percent of total study costs. 5. Notwithstanding any other provision of this Agreement, the Non -Federal Sponsor shall not be entitled to reimbursement of any costs of in-kind contributions determined in accordance with paragraph B.3. of this Article and included in total study costs that exceed the amount of credit afforded for in-kind contributions determined in accordance with paragraph B.4. of this Article and the Non -Federal Sponsor shall be responsible for 100 percent of all costs of in-kind contributions included in total study costs that exceed the amount of credit afforded. C. Notwithstanding any other provision of this Agreement, Federal financial participation in the Study is limited by the following provisions of this paragraph. 1. In the event the Government projects that the amount of Federal funds the 6 Government will make available to the Study through the then -current fiscal year, or the amount of Federal funds the Government will make available for the Study through the upcoming fiscal year, is not sufficient to meet the Federal share of total study costs that the Government projects to be incurred through the then -current or upcoming fiscal year, as applicable, the Government shall notify the Non -Federal Sponsor in writing of such insufficiency of funds and of the date the Government projects that the Federal funds that will have been made available to the Study will be exhausted. Upon the exhaustion of Federal funds made available by the Government to the Study, future performance under this Agreement shall be suspended and the parties shall proceed in accordance with Article IX.C. of this Agreement. 2. If the Government determines that the total amount of Federal funds provided by Congress for all studies and projects implemented pursuant to Section 107 has reached the Section 107 Annual Program Limit, and the Government projects that the Federal funds the Government will make available to the Study within the Section 107 Annual Program Limit will not be sufficient to meet the Federal share of total study costs, the Government shall notify the Non -Federal Sponsor in writing of such insufficiency of funds and of the date the Government projects that the Federal funds that will have been made available to the Study will be exhausted. Upon the exhaustion of Federal funds made available by the Government to the Study within the Section 107 Annual Program Limit, future performance under this Agreement shall be suspended and the parties shall proceed in accordance with Article IX.C. of this Agreement. ARTICLE III - STUDY COORDINATION TEAM A. To provide for consistent and effective communication, the Non -Federal Sponsor and the Government, not later than 30 calendar days after the effective date of this Agreement, shall appoint named senior representatives to a Study Coordination Team. Thereafter, the Study Coordination Team shall meet regularly until the end of the period of study. The Government's Project Manager and a counterpart named by the Non -Federal Sponsor shall co-chair the Study Coordination Team. B. The Government's Project Manager and the Non -Federal Sponsor's counterpart shall keep the Study Coordination Team informed of the progress of the Study and of significant pending issues and actions, and shall seek the views of the Study Coordination Team on matters that the Study Coordination Team generally oversees. C. Until the end of the period of study, the Study Coordination Team shall generally oversee the Study, including matters related to: plan formulation and evaluation, including applicable economic, engineering, real estate, and environmental analyses; scheduling of reports and work products; independent technical review and other review processes required by the Government; completion of all necessary environmental coordination and documentation; contract awards and modifications; contract costs; the Government's cost projections; the performance of, scheduling, and determining the value of in-kind contributions; determination of anticipated future requirements for real property and relocation requirements and performance of operation, 7 maintenance, repair, rehabilitation, and replacement of the proposed project including anticipated requirements for permits; and other matters related to the Study. This oversight of the Study shall be consistent with the PMP. D. The Study Coordination Team may make recommendations to the District Engineer on matters related to the Study that the Study Coordination Team generally oversees, including suggestions to avoid potential sources of dispute. The Government in good faith shall consider the recommendations of the Study Coordination Team. The Government, having the legal authority and responsibility for performance of the Study has the discretion to accept or reject, in whole or in part, the Study Coordination Team's recommendations. E. The Non -Federal Sponsor's costs of participation in the Study Coordination Team shall be included in total study costs and shared in accordance with the provisions of this Agreement, subject to an audit in accordance with Article VI.C. of this Agreement to determine reasonableness, allocability, and allowability of such costs. The Government's costs of participation in the Study Coordination Team shall be included in total study costs and shared in accordance with the provisions of this Agreement. ARTICLE IV - METHOD OF PAYMENT A. In accordance with the provisions of this paragraph, the Government shall maintain current records and provide to the Non -Federal Sponsor current projections of costs, financial obligations, the contributions provided by the parties, the costs included in total study costs for in-kind contributions determined in accordance with Article II.B.3. of this Agreement, and the credit to be afforded for in-kind contributions pursuant to Article II.B.4. of this Agreement. 1. As of the effective date of this Agreement, total study costs are projected to be $690,800; the value of the Non -Federal Sponsor's contributions under Article III and Article VI of this Agreement is projected to be $0.00; the amount of funds determined in accordance with Article II.B.1.a. of this Agreement is projected to be $0.00; the costs included in total study costs for in-kind contributions determined in accordance with Article II.B.3. of this Agreement are projected to be $0.00; the credit to be afforded for in-kind contributions pursuant to Article II.B.4. of this Agreement is projected to be $0.00; the Non -Federal Sponsor's contribution of funds required by Article II.B.1.b. of this Agreement is projected to be $345,400 and the non -Federal proportionate share is projected to be 50 percent. These amounts and percentage are estimates subject to adjustment by the Government, after consultation with the Non -Federal Sponsor, and are not to be construed as the total financial responsibilities of the Government and the Non -Federal Sponsor. 2. By December 1,2014 and by each quarterly anniversary thereof until the conclusion of the period of study and resolution of all relevant claims and appeals, the Government shall provide the Non -Federal Sponsor with a report setting forth all contributions provided to date and the current projections of the following: total study costs; the value of the 8 Non -Federal Sponsor's contributions under Article III and Article VI of this Agreement; the amount of funds determined in accordance with Article II.B.1.a. of this Agreement; the costs included in total study costs for in-kind contributions determined in accordance with Article II.B.3. of this Agreement; the credit to be afforded for in-kind contributions pursuant to Article II.B.4. of this Agreement; the Non -Federal Sponsor's contribution of funds required by Article II.B.1.b. of this Agreement; and the non -Federal proportionate share. B. The Non -Federal Sponsor shall provide the contribution of funds required by Article II.B.1.b. of this Agreement in accordance with the provisions of this paragraph. 1. Not less than 7 calendar days after the effective date of this Agreement, the Government shall notify the Non -Federal Sponsor in writing of the funds the Government determines to be required from the Non -Federal Sponsor to meet its projected share under Article II.B.1.b. of this Agreement. Within 30 calendar days of receipt of such notice, the Non -Federal Sponsor shall provide the Government with the full amount of such required funds by delivering a check payable to "FAO, USAED, CENAO, E4" to the District Engineer, or verifying to the satisfaction of the Government that the Non -Federal Sponsor has deposited such required funds in an escrow or other account acceptable to the Government, with interest accruing to the Non - Federal Sponsor, or by presenting the Government with an irrevocable letter of credit acceptable to the Government for such required funds, or by providing an Electronic Funds Transfer of such required funds in accordance with procedures established by the Government. 2. The Government shall draw from the funds provided by the Non -Federal Sponsor such sums as the Government deems necessary, when considered with any amount that will be waived by the Government pursuant to Article II.G. of this Agreement and any credit the Government projects will be afforded for in-kind contributions pursuant to Article II.B.4. of this Agreement, to cover: (a) the non -Federal proportionate share offinancial obligations for the study incurred prior to the commencement of the period of study; and (b) the non -Federal proportionate share offinancial obligations for the study as financial obligations for the study are incurred. If at any time the Government determines that additional funds will be needed from the Non -Federal Sponsor to cover the Non -Federal Sponsor's share of such financial obligations, the Government shall notify the Non -Federal Sponsor in writing of the additional funds required and provide an explanation of why additional funds are required. Within 60 calendar days from receipt of such notice, the Non -Federal Sponsor shall provide the Government with the full amount of such additional required funds through any of the payment mechanisms specified in paragraph B.1. of this Article. C. Upon conclusion of the period of study and resolution of all relevant claims and appeals, the Government shall conduct a final accounting and furnish the Non -Federal Sponsor with written notice of the results of such final accounting. If outstanding relevant claims and appeals prevent a final accounting from being conducted in a timely manner, the Government shall conduct an interim accounting and furnish the Non -Federal Sponsor with written notice of the results of such interim accounting. Once all outstanding relevant claims and appeals are resolved, the Government shall amend the interim accounting to complete the final accounting 9 and furnish the Non -Federal Sponsor with written notice of the results of such final accounting. The interim or final accounting, as applicable, shall determine total study costs, each party's required share thereof, and each parry's total contributions thereto as of the date of such accounting. 1. Should the interim or final accounting, as applicable, show that the Non - Federal Sponsor's total required share of total study costs exceeds the Non -Federal Sponsor's total contributions provided thereto, the Non -Federal Sponsor, no later than 90 calendar days after receipt of written notice from the Government, shall make a payment to the Government in an amount equal to the difference by delivering a check payable to "FAO, USAED, CENAO E4" to the District Engineer or by providing an Electronic Funds Transfer in accordance with procedures established by the Government. 2. Should the interim or final accounting, as applicable, show that the total contributions provided by the Non -Federal Sponsor for total study costs exceed the Non -Federal Sponsor's total required share thereof, the Government, subject to the availability of funds and as limited by Article II.B.5. of this Agreement and the Section 107 Annual Program, shall refund or reimburse the excess amount to the Non -Federal Sponsor within 90 calendar days of the date of completion of such accounting. In the event the Non -Federal Sponsor is due a refund or reimbursement and funds are not available to refund or reimburse the excess amount to the Non - Federal Sponsor, the Government shall seek such appropriations as are necessary to make the refund or reimbursement. D. The Non -Federal Sponsor shall provide funds in the amount determined by this paragraph in accordance with the provisions of this paragraph. 1. Not later than 60 calendar days after the effective date of this Agreement, the Government shall determine that portion offinancial obligations for the study incurred prior to the commencement of the period of study and furnish the Non -Federal Sponsor with written notice of the results of such determination. If outstanding relevant claims and appeals prevent a final determination of that portion offinancial obligations for the study incurred prior to the commencement of the period of study from being conducted in a timely manner, the Government shall prepare an interim determination of that portion offinancial obligations for the study incurred prior to the commencement of the period of study and furnish the Non -Federal Sponsor with written notice of the results of such interim determination. Once all outstanding relevant claims and appeals are resolved, the Government shall amend the interim determination to complete the final determination and furnish the Non -Federal Sponsor with written notice of the results of such final determination of that portion offinancial obligations for the study incurred prior to the commencement of the period of study. The interim or final determination, as applicable, shall determine that portion offinancial obligations for the study incurred prior to the commencement of the period of study and each party's required share thereof. 2. The Government shall calculate four equal installments for payment of the Non -Federal Sponsor's required 50 percent share of that portion offinancial obligations for the 10 study incurred prior to the commencement of the period of study. The Government shall notify the Non -Federal Sponsor in writing of the Non -Federal Sponsor's required share of that portion of financial obligations for the study incurred prior to the commencement of the period of study and the amount of each installment. 3. The Non -Federal Sponsor shall pay the installments calculated pursuant to paragraph D.2. of this Article upon each six month anniversary of the date the Government notifies the Non -Federal Sponsor of the Non -Federal Sponsor's required share of that portion of financial obligations for the study incurred prior to the commencement of the period of study and the amount of the installments by delivering a check payable to "FAO, USAED, CENAO E4" to the District Engineer or providing an Electronic Funds Transfer in accordance with procedures established by the Government. ARTICLE V - DISPUTE RESOLUTION As a condition precedent to a party bringing any suit for breach of this Agreement, that party must first notify the other party in writing of the nature of the purported breach and seek in good faith to resolve the dispute through negotiation. If the parties cannot resolve the dispute through negotiation, they may agree to a mutually acceptable method of non-binding alternative dispute resolution with a qualified third party acceptable to both parties. Each party shall pay an equal share of any costs for the services provided by such a third party as such costs are incurred. The existence of a dispute shall not excuse the parties from performance pursuant to this Agreement. ARTICLE VI - MAINTENANCE OF RECORDS AND AUDIT A. Not later than 60 calendar days after the effective date of this Agreement, the Government and the Non -Federal Sponsor shall develop procedures for keeping books, records, documents, or other evidence pertaining to costs and expenses incurred pursuant to this Agreement. These procedures shall incorporate, and apply as appropriate, the standards for financial management systems set forth in the Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments at 32 C.F.R. Section 33.20. The Government and the Non -Federal Sponsor shall maintain such books, records, documents, or other evidence in accordance with these procedures and for a minimum of three years after completion of the accounting for which such books, records, documents, or other evidence were required. To the extent permitted under applicable Federal laws and regulations, the Government and the Non - Federal Sponsor shall each allow the other to inspect such books, records, documents, or other evidence. B. In accordance with 32 C.F.R. Section 33.26, the Non -Federal Sponsor is responsible for complying with the Single Audit Act Amendments of 1996 (31 U.S.C. 7501-7507), as implemented by OMB Circular No. A-133 and Depaitnient of Defense Directive 7600.10. Upon request of the 11 Non -Federal Sponsor and to the extent permitted under applicable Federal laws and regulations, the Government shall provide to the Non -Federal Sponsor and independent auditors any information necessary to enable an audit of the Non -Federal Sponsor's activities under this Agreement. The costs of any non -Federal audits performed in accordance with this paragraph shall be allocated in accordance with the provisions of OMB Circulars A-87 and A-133, and such costs as are allocated to the Study shall be included in total study costs and shared in accordance with the provisions of this Agreement. C. In accordance with 31 U.S.C. 7503, the Government may conduct audits in addition to any audit that the Non -Federal Sponsor is required to conduct under the Single Audit Act Amendments of 1996. Any such Government audits shall be conducted in accordance with Government Auditing Standards and the cost principles in OMB Circular A-87 and other applicable cost principles and regulations. The costs of Government audits performed in accordance with this paragraph shall be included in total study costs and shared in accordance with the provisions of this Agreement. ARTICLE VII - FEDERAL AND STATE LAWS In the exercise of their respective rights and obligations under this Agreement, the Non - Federal Sponsor and the Government shall comply with all applicable Federal and State laws and regulations, including, but not limited to: Section 601 of the Civil Rights Act of 1964, Public Law 88-352 (42 U.S.C. 2000d) and Department of Defense Directive 5500.11 issued pursuant thereto and Army Regulation 600-7, entitled "Nondiscrimination on the Basis of Handicap in Programs and Activities Assisted or Conducted by the Department of the Army". ARTICLE VIII - RELATIONSHIP OF PARTIES A. In the exercise of their respective rights and obligations under this Agreement, the Government and the Non -Federal Sponsor each act in an independent capacity, and neither is to be considered the officer, agent, or employee of the other. B. In the exercise of its rights and obligations under this Agreement, neither party shall provide, without the consent of the other party, any contractor with a release that waives or purports to waive any rights the other party may have to seek relief or redress against that contractor either pursuant to any cause of action that the other party may have or for violation of any law. ARTICLE IX - TERMINATION OR SUSPENSION A. Prior to conclusion of the period of study, upon 30 calendar days written notice to the other party, either party may elect without penalty to terminate this Agreement or to suspend future performance under this Agreement. In the event that either party elects to suspend future 12 performance under this Agreement pursuant to this paragraph, such suspension shall remain in effect until either the Government or the Non -Federal Sponsor elects to terminate this Agreement. B. If at any time the Non -Federal Sponsor fails to fulfill its obligations under this Agreement, the Assistant Secretary of the Army (Civil Works) shall terminate this Agreement or suspend future performance under this Agreement unless the Assistant Secretary of the Army (Civil Works) determines that continuation of performance of the Study is in the interest of the United States or is necessary in order to satisfy agreements with any other non -Federal interests in connection with the Study. C. In the event future performance under this Agreement is suspended pursuant to Article II.C. of this Agreement, such suspension shall remain in effect until such time that the Government notifies the Non -Federal Sponsor in writing that sufficient Federal funds are available to meet the Federal share of total study costs the Government projects to be incurred through the then -current or upcoming fiscal year, or the Government or the Non -Federal Sponsor elects to terminate this Agreement. D. In the event that this Agreement is terminated pursuant to this Article, the parties shall conclude their activities relating to the Study and conduct an accounting in accordance with Article IV.C. of this Agreement. To provide for this eventuality, the Government may reserve a percentage of total Federal funds made available for the Study and an equal percentage of the total funds contributed by the Non -Federal Sponsor in accordance with Article II.B.1.b. of this Agreement as .a contingency to pay costs of termination, including any costs of resolution of contract claims and contract modifications. Upon termination of this Agreement, all data and information generated as part of the Study shall be made available to the parties to the Agreement. E. Any termination of this Agreement or suspension of future performance under this Agreement in accordance with this Article shall not relieve the parties of liability for any obligation previously incurred. Any delinquent payment owed by the Non -Federal Sponsor shall be charged interest at a rate, to be determined by the Secretary of the Treasury, equal to 150 per centum of the average bond equivalent rate of the 13 week Treasury bills auctioned immediately prior to the date on which such payment became delinquent, or auctioned immediately prior to the beginning of each additional 3 month period if the period of delinquency exceeds 3 months. ARTICLE X - NOTICES A. Any notice, request, demand, or other communication required or permitted to be given under this Agreement shall be deemed to have been duly given if in writing and delivered personally or sent by telegram or mailed by first-class, registered, or certified mail, as follows: 13 If to the Non -Federal Sponsor: City of Virginia Beach Water Resources Engineer Municipal Center - Building 2 2405 Courthouse Drive, Room 345 Virginia Beach, Virginia 23456 If to the Government: District Engineer, Norfolk District, 803 Front Street, Norfolk, VA 23510, Attention: Gregory C. Steele (CENAO-WR-P) B. A party may change the address to which such communications are to be directed by giving written notice to the other party in the manner provided in this Article. C. Any notice, request, demand, or other communication made pursuant to this Article shall be deemed to have been received by the addressee at the earlier of such time as it is actually received or seven calendar days after it is mailed. ARTICLE XI - CONFIDENTIALITY To the extent permitted by the laws governing each party, the parties agree to maintain the confidentiality of exchanged information when requested to do so by the providing party. ARTICLE XII - THIRD PARTY RIGHTS, BENEFITS, OR LIABILITIES Nothing in this Agreement is intended, nor may be construed, to create any rights, confer any benefits, or relieve any liability, of any kind whatsoever in any third person not party to this Agreement. ARTICLE XIII - OBLIGATIONS OF FUTURE APPROPRIATIONS A. Nothing herein shall constitute, nor be deemed to constitute, an obligation of future appropriations by the Non -Federal Sponsor, where creating such an obligation would be inconsistent with the Constitution of the Commonwealth of Virginia, the Code of Virginia, or the Charter of the City of Virginia Beach. B. The Non -Federal Sponsor intends to fulfill its obligations under this Agreement. The 14 Non -Federal Sponsor shall include in its budget request or otherwise propose appropriations of funds in amounts sufficient to fulfill these obligations for that year, and shall use all reasonable and lawful means to secure those appropriations. The Non -Federal Sponsor reasonably believes that funds in amounts sufficient to fulfill these obligations lawfully can and will be appropriated and made available for this purpose. In the event funds are not appropriated in amounts sufficient to fulfill these obligations, the Non -Federal Sponsor shall use its best efforts to satisfy any requirements for payments or contributions of funds under this Agreement from any other source of funds legally available for this purpose. Further, if the Non -Federal Sponsor is unable to fulfill these obligations, the Government may exercise any legal rights it has to protect the Government's interests related to this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, which shall become effective upon the date it is signed by the: DEPARTMENT OF THE ARMY THE CITY OF VIRGINIA BEACH BY: BY: PAUL B. OLSEN, PE JAMES K. SPORE Colonel, U.S. Army City Manager Commanding DATE: DATE: 15 CERTIFICATE OF AUTHORITY I, Mark D. Stiles, do hereby certify that I am the principal legal officer of the City of Virginia Beach, that the City of Virginia Beach is a legally constituted public body with full authority and legal capability to perform the terms of the Agreement between the Department of the Army and the City of Virginia Beach in connection with the feasibility study for the Lynnhaven Jetties Feasibility Study, and to pay damages, if necessary, in the event of the failure to perform in accordance with the terms of this Agreement and that the persons who have executed this Agreement on behalf of the City of Virginia Beach have acted within their statutory authority. IN WITNESS WHEREOF, I have made and executed this certification this day of 20 . Mark D. Stiles City Attorney Date: 16 CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his or her knowledge and belief that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. James K. Spore City Manager DATE: 17 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the Acquisition of an Agricultural Land Preservation Easement and the Issuance by the City of its Contract Obligations in the Maximum Principal Amount of $344,842 (Property of The Betty D. Whitehurst Declaration of Trust) MEETING DATE: October 21, 2014 • Background: In May, 1995, the Agricultural Lands Preservation Ordinance (the "Ordinance") was adopted by the City Council for the purpose of promoting and encouraging the preservation of farmland in the rural southern portion of the City. Under the Agricultural Reserve Program established by the Ordinance, the City purchases the development rights of eligible parcels of land, leaving the fee simple ownership of the land unchanged. These purchases are embodied by perpetual agricultural land preservation easements pursuant to which only agricultural uses, as defined in the Ordinance, are allowed on the land. The subject property has been appraised by an independent appraiser retained by the City. The appraiser has determined the fair market value of the property, based upon twelve (12) comparable sales. From the fair market value, the value of the development rights has been determined by subtracting $1,800 per acre, which has previously been established as the farm value (i.e., value of the land restricted to agricultural uses) for land throughout the southern rural area of the City. The resulting amount is the value of the development rights of the property. All offers by the City to purchase the development rights of property are expressly made contingent upon the absence of any title defects or other conditions which, in the opinion of the City Attorney, may adversely affect the City' s interests, and other standard contingencies. • Considerations: The subject property consists of one (1) parcel of land having approximately 42.26 acres outside of marshland or swampland. It is owned by The Betty D. Whitehurst Declaration of Trust. Under current development regulations, there is a total development potential of five (5) single-family dwelling building sites, and one (1) has been reserved for future development as a 3 -acre building site. The parcel, which is shown on the attached Location Map, is located at 4369 Charity Neck Road (GPIN: 2410-58-1124) in the District of Princess Anne. The proposed purchase price, as stated in the ordinance, is $344,842. This price is the equivalent of approximately $8,160 per acre. 2 The terms of the proposed acquisition are that the City would pay interest only for a period of 25 years, with the principal amount being due and payable 25 years from the date of closing. The interest rate to be paid by the City will be the greater of 3.0% per annum or the per annum rate which is equal to the yield on U.S. Treasury STRIPS purchased by the City to fund its principal obligation under the Installment Purchase Agreement, not to exceed 5.0% without the further approval of the City Council. The ordinance transfers the proposed purchase price from the Agricultural Reserve Program Special Revenue Fund to the General Debt Fund for the purchase of the U.S. Treasury STRIPS. The proposed terms and conditions of the purchase of the development rights pursuant to the Installment Purchase Agreement, including the purchase price and manner of payment, are fair and reasonable and in furtherance of the purposes of the Ordinance. • Public Information: Notice of Public Hearing has been advertised by publication in a newspaper having general circulation in the City once per week for two successive weeks. • Alternatives: The City Council may decline to purchase the development rights to the property. • Recommendations: Adoption of the ordinance and acquisition of the development rights, assuming all contingencies are met. • Attachments: Ordinance Summary of Terms of Installment Purchase Agreement Location Map Recommended Action: Adoption Submitting Department/Agency: Agriculture Department City Manager: • 1 ,pi`s ONI( 1 AN ORDINANCE AUTHORIZING THE ACQUISITION OF AN 2 AGRICULTURAL LAND PRESERVATION EASEMENT AND 3 THE ISSUANCE BY THE CITY OF ITS CONTRACT 4 OBLIGATIONS IN THE MAXIMUM PRINCIPAL AMOUNT OF 5 $344,842 (PROPERTY OF THE BETTY D. WHITEHURST 6 DECLARATION OF TRUST) 7 8 WHEREAS, pursuant to the Agricultural Lands Preservation Ordinance (the 9 "Ordinance"), Appendix J of the Code of the City of Virginia Beach, there has been 10 presented to the City Council a request for approval of an Installment Purchase Agreement 11 (the form and standard provisions of which have been previously approved by the City 12 Council, a summary of terms of which is hereto attached, and a copy of which is on file in 13 the City Attorney's Office) for the acquisition of the Development Rights (as defined in the 14 Installment Purchase Agreement) on certain property located in the City and more fully 15 described in Exhibit B of the Installment Purchase Agreement for a purchase price of 16 $344,842; and 17 18 WHEREAS, the aforesaid Development Rights shall be acquired through the 19 acquisition of a perpetual agricultural land preservation easement, as defined in, and in 20 compliance with, the requirements of the Ordinance; and 21 22 WHEREAS, the City Council has reviewed the proposed terms and conditions of the 23 purchase as evidenced by the Installment Purchase Agreement. 24 25 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 26 VIRGINIA BEACH, VIRGINIA: 27 28 1. The City Council hereby determines and finds that the proposed terms and 29 conditions of the purchase of the Development Rights pursuant to the Installment Purchase 30 Agreement, including the purchase price and manner of payment, are fair and reasonable 31 and in furtherance of the purposes of the Ordinance, and the City Manager or his designee 32 is hereby authorized to approve, upon or before the execution and delivery of the 33 Installment Purchase Agreement, the rate of interest to accrue on the unpaid principal 34 balance of the purchase price set forth hereinabove as the greater of 3.0% per annum or 35 the per annum rate which is equal to the yield on United States Treasury STRIPS 36 purchased by the City to fund such unpaid principal balance; provided, however, that such 37 rate of interest shall not exceed 5.0% unless the approval of the City Council by resolution 38 duly adopted is first obtained. 39 40 2. The City Council hereby further determines that funding is available for the 41 acquisition of the Development Rights pursuant to the Installment Purchase Agreement on 42 the terms and conditions set forth therein. 43 44 3. The City Council hereby expressly approves the Installment Purchase 45 Agreement and, subject to the determination of the City Attorney that there are no defects 46 in title to the property or other restrictions or encumbrances thereon which may, in the 47 opinion of the City Attorney, adversely affect the City's interests, authorizes the City 48 Manager or his designee to execute and deliver the Installment Purchase Agreement in 49 substantially the same form and substance as approved hereby with such minor 50 modifications, insertions, completions or omissions which do not materially alter the 51 purchase price or manner of payment, as the City Manager or his designee shall approve. 52 The City Council further directs the City Clerk to affix the seal of the City to, and attest 53 same on, the Installment Purchase Agreement. The City Council expressly authorizes the 54 incurrence of the indebtedness represented by the issuance and delivery of the Installment 55 Purchase Agreement. 56 57 4. The City Council hereby elects to issue the indebtedness under the Charter 58 of the City rather than pursuant to the Public Finance Act of 1991 and hereby constitutes 59 the indebtedness a contractual obligation bearing the full faith and credit of the City. 60 61 5. The City Council hereby transfers $344,842 from the Agricultural Reserve 62 Program Special Revenue Fund (161) to the General Debt Fund (302). 63 64 Adoption requires an affirmative vote of a majority of all members of the City 65 Council. 66 67 Adopted by the Council of the City of Virginia Beach, Virginia, on this day of 68 , 2014. APPROVED AS TO CONTENT: APPROVED AS TO CONTENT: Agriculture Department Management Services CERTIFIED AS TO AVAILABILITY APPROVED AS TO LEGAL SUFFICIENCY: OF FUNDS: Director of Finance City Attorney's Office CA12975 \\vbgov.com\DFS1\Applications\CityLawProd\cycom32\Wpdocs\D011 \P015\00049813. DOC R-2 Date: October 8, 2014 I I H AGRICULTURAL RESERVE PROGRAM INSTALLMENT PURCHASE AGREEMENT NO. 2013-134 SUMMARY OF TERMS SELLER: The Betty D. Whitehurst Declaration of Trust PROPERTY LOCATION: 4369 Charity Neck Road PURCHASE PRICE: $344,842 EASEMENT AREA: 42.26 acres, more or less DEVELOPMENT POTENTIAL: 5 single-family dwelling sites (1 reserved by Seller) DURATION: Perpetual INTEREST RATE: Equal to yield on U.S. Treasury STRIPS acquired by City to fund purchase price, but not less than 3.0% (actual rate to be determined when STRIPS are purchased prior to execution of Installment Purchase Agreement ("IPA")). Rate may not exceed 5.0% without approval of City Council. TERMS: Interest only, twice per year for 25 years, with payment of principal due 25 years from IPA date. RESTRICTIONS ON TRANSFER: IPA ownership may not be transferred (except for Estate Settlement Transfer) for one (1) year following execution and delivery of the IPA. N.44 �f° ` ciA, CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Authorizing the Acquisition of an Agricultural Land Preservation Easement and the Issuance by the City of its Contract Obligations in the Maximum Principal Amount of $142,732 (Property of The Betty D. Whitehurst Declaration of Trust) MEETING DATE: October 21, 2014 • Background: In May, 1995, the Agricultural Lands Preservation Ordinance (the "Ordinance") was adopted by the City Council for the purpose of promoting and encouraging the preservation of farmland in the rural southern portion of the City. Under the Agricultural Reserve Program established by the Ordinance, the City purchases the development rights of eligible parcels of land, leaving the fee simple ownership of the land unchanged. These purchases are embodied by perpetual agricultural land preservation easements pursuant to which only agricultural uses, as defined in the Ordinance, are allowed on the land. The subject property has been appraised by an independent appraiser retained by the City. The appraiser has determined the fair market value of the property, based upon twelve (12) comparable sales. From the fair market value, the value of the development rights has been determined by subtracting $1,800 per acre, which has previously been established as the farm value (Le., value of the land restricted to agricultural uses) for land throughout the southern rural area of the City. The resulting amount is the value of the development rights of the property. All offers by the City to purchase the development rights of property are expressly made contingent upon the absence of any title defects or other conditions which, in the opinion of the City Attorney, may adversely affect the City' s interests, and other standard contingencies. • Considerations: The subject property consists of one (1) parcel of land having approximately 41.98 acres outside of marshland or swampland. It is owned by The Betty D. Whitehurst Declaration of Trust. Under current development regulations, there is a total development potential of three (3) single-family dwelling building sites, and two (2) sites are reserved due to the existing duplex located on the parcel. The parcel, which is shown on the attached Location Map, is located at 4384/4393/4394 Charity Neck Road (GPIN: 2410-68-3041) in the District of Princess Anne. The proposed purchase price, as stated in the ordinance, is $142,732. This price is the equivalent of approximately $3,400 per acre. 2 The terms of the proposed acquisition are that the City would pay interest only for a period of 25 years, with the principal amount being due and payable 25 years from the date of closing. The interest rate to be paid by the City will be the greater of 3.0% per annum or the per annum rate which is equal to the yield on U.S. Treasury STRIPS purchased by the City to fund its principal obligation under the Installment Purchase Agreement, not to exceed 5.0% without the further approval of the City Council. The ordinance transfers the proposed purchase price from the Agricultural Reserve Program Special Revenue Fund to the General Debt Fund for the purchase of the U.S. Treasury STRIPS. The proposed terms and conditions of the purchase of the development rights pursuant to the Installment Purchase Agreement, including the purchase price and manner of payment, are fair and reasonable and in furtherance of the purposes of the Ordinance. • Public Information: Notice of Public Hearing has been advertised by publication in a newspaper having general circulation in the City once per week for two successive weeks. • Alternatives: The City Council may decline to purchase the development rights to the property. • Recommendations: Adoption of the ordinance and acquisition of the development rights, assuming all contingencies are met. • Attachments: Ordinance Summary of Terms of Installment Purchase Agreement Location Map Recommended Action: Adoption Submitting Department/Agency: Agriculture Department 1 AN ORDINANCE AUTHORIZING THE ACQUISITION OF AN 2 AGRICULTURAL LAND PRESERVATION EASEMENT AND 3 THE ISSUANCE BY THE CITY OF ITS CONTRACT 4 OBLIGATIONS IN THE MAXIMUM PRINCIPAL AMOUNT OF 5 $142,732 (PROPERTY OF THE BETTY D. WHITEHURST 6 DECLARATION OF TRUST) 7 8 WHEREAS, pursuant to the Agricultural Lands Preservation Ordinance (the 9 "Ordinance"), Appendix J of the Code of the City of Virginia Beach, there has been 10 presented to the City Council a request for approval of an Installment Purchase Agreement 11 (the form and standard provisions of which have been previously approved by the City 12 Council, a summary of terms of which is hereto attached, and a copy of which is on file in 13 the City Attorney's Office) for the acquisition of the Development Rights (as defined in the 14 Installment Purchase Agreement) on certain property located in the City and more fully 15 described in Exhibit B of the Installment Purchase Agreement for a purchase price of 16 $142,732; and 17 18 WHEREAS, the aforesaid Development Rights shall be acquired through the 19 acquisition of a perpetual agricultural land preservation easement, as defined in, and in 20 compliance with, the requirements of the Ordinance; and 21 22 WHEREAS, the City Council has reviewed the proposed terms and conditions of the 23 purchase as evidenced by the Installment Purchase Agreement. 24 25 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 26 VIRGINIA BEACH, VIRGINIA: 27 28 1. The City Council hereby determines and finds that the proposed terms and 29 conditions of the purchase of the Development Rights pursuant to the Installment Purchase 30 Agreement, including the purchase price and manner of payment, are fair and reasonable 31 and in furtherance of the purposes of the Ordinance, and the City Manager or his designee 32 is hereby authorized to approve, upon or before the execution and delivery of the 33 Installment Purchase Agreement, the rate of interest to accrue on the unpaid principal 34 balance of the purchase price set forth hereinabove as the greater of 3.0% per annum or 35 the per annum rate which is equal to the yield on United States Treasury STRIPS 36 purchased by the City to fund such unpaid principal balance; provided, however, that such 37 rate of interest shall not exceed 5.0% unless the approval of the City Council by resolution 38 duly adopted is first obtained. 39 40 2. The City Council hereby further determines that funding is available for the 41 acquisition of the Development Rights pursuant to the Installment Purchase Agreement on 42 the terms and conditions set forth therein. 43 44 3. The City Council hereby expressly approves the Installment Purchase 45 Agreement and, subject to the determination of the City Attorney that there are no defects 46 in title to the property or other restrictions or encumbrances thereon which may, in the 47 opinion of the City Attorney, adversely affect the City's interests, authorizes the City 48 Manager or his designee to execute and deliver the Installment Purchase Agreement in 49 substantially the same form and substance as approved hereby with such minor 50 modifications, insertions, completions or omissions which do not materially alter the 51 purchase price or manner of payment, as the City Manager or his designee shall approve. 52 The City Council further directs the City Clerk to affix the seal of the City to, and attest 53 same on, the Installment Purchase Agreement. The City Council expressly authorizes the 54 incurrence of the indebtedness represented by the issuance and delivery of the Installment 55 Purchase Agreement. 56 57 4. The City Council hereby elects to issue the indebtedness under the Charter 58 of the City rather than pursuant to the Public Finance Act of 1991 and hereby constitutes 59 the indebtedness a contractual obligation bearing the full faith and credit of the City. 60 61 5. The City Council hereby transfers $142,732 from the Agricultural Reserve 62 Program Special Revenue Fund (161) to the General Debt Fund (302). 63 64 Adoption requires an affirmative vote of a majority of all members of the City 65 Council. 66 67 Adopted by the Council of the City of Virginia Beach, Virginia, on this day of 68 , 2014. APPROVED AS TO CONTENT: APPROVED AS TO CONTENT: Agriculture Department Management Services CERTIFIED AS TO AVAILABILITY APPROVED AS TO LEGAL SUFFICIENCY: OF FUNDS: CA12981 City Attorney's Office \\vbgov. com\DFS 1 \Applications\CityLawProd\cycom32\W pdocs\D011 \P015\00049813. DOC R-2 Date: October 8, 2014 AGRICULTURAL RESERVE PROGRAM INSTALLMENT PURCHASE AGREEMENT NO. 2013-133 SUMMARY OF TERMS SELLER: The Betty D. Whitehurst Declaration of Trust PROPERTY LOCATION: 4384/4392/4394 Charity Neck Road PURCHASE PRICE: $142,732 EASEMENT AREA: 41.98 acres, more or less DEVELOPMENT POTENTIAL: 3 single-family dwelling sites (2 reserved by Seller for existing duplex on the property) DURATION: Perpetual INTEREST RATE: Equal to yield on U.S. Treasury STRIPS acquired by City to fund purchase price, but not less than 3.0% (actual rate to be determined when STRIPS are purchased prior to execution of Installment Purchase Agreement ("IPA")). Rate may not exceed 5.0% without approval of City Council. TERMS: Interest only, twice per year for 25 years, with payment of principal due 25 years from IPA date. RESTRICTIONS ON TRANSFER: IPA ownership may not be transferred (except for Estate Settlement Transfer) for one (1) year following execution and delivery of the IPA. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Authorize Temporary Encroachments into a Portion of the City Right -of -Way known as Aqua Lane for Michael and Lynda Tubridy MEETING DATE: October 21, 2014 • Background: Michael and Lynda Tubridy (the "Applicants") have requested permission to maintain an existing flagstone walk, and to construct and maintain a 4 - foot high vinyl fence and landscaping (the "Encroachments") adjacent to their property located at 205 Aqua Lane. The Encroachments would extend 14 feet into the City's right-of-way known as Aqua Lane, for a distance of 48 feet. There are other encroachments in the Croatan neighborhood of a similar nature. Public Works has identified one such encroachment that was approved by City Council, but many others are unauthorized encroachments. This item was disapproved by City Council on September 16, 2014. The Applicants have reduced the width of the Encroachments from 18 feet to 14 feet, resulting in a reduction of the public right-of-way affected by roughly 192 square feet. The Applicants have asked that the matter be brought back before City Council based on this change. • Considerations: City Staff reviewed the revised request for Encroachments and recommends denial because the encroaching fence still obstructs the public from City property and has the practical effect of re -appropriating public property for private use. • Public Information: Advertisement of City Council Agenda. • Alternatives: Approve the Encroachment as presented, disapprove the Encroachment, or add conditions as desired by Council. • Recommendations: Disapprove Encroachment request. • Attachments: Ordinance, Agreement, Plat, Pictures and Location Map Recommended Action: Disapproval Submitting Department/Agency: Public Works / Real Estate 'o<' City Manage 1 AN ORDINANCE TO AUTHORIZE 2 TEMPORARY ENCROACHMENTS INTO A 3 PORTION OF THE CITY RIGHT-OF-WAY 4 KNOWN AS AQUA LANE BY MICHAEL 5 AND LYNDA TUBRIDY 6 7 WHEREAS, Michael and Lynda Tubridy desire to maintain an existing flagstone 8 walk, and to construct and maintain a 4 -foot vinyl fence and landscaping 14 feet into a 9 portion of City right of way known as Aqua Lane (50') located at 205 Aqua Lane, in the 10 City of Virginia Beach, Virginia. 11 12 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 13 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 14 City's property known as Aqua Lane subject to such terms and conditions as Council 15 may prescribe. 16 17 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 18 VIRGINIA BEACH, VIRGINIA: 19 20 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 21 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Michael and Lynda Tubridy 22 their heirs, assigns and successors in title are authorized to maintain an existing 23 flagstone walk, and to construct and maintain a temporary encroachment of a 4 -foot 24 vinyl fence and landscaping 14 feet into the City's property known as Aqua Lane and as 25 shown on the map marked Exhibit "A" and entitled: "EXHIBIT A SHOWS 26 ENCROACHMENT ONTO CITY PROPERTY FOR FENCE AND LANDSCAPING FOR 27 MIKE & LINDA TUBRIDY," a copy of which is on file in the Department of Public Works 28 and to which reference is made for a more particular description; and 29 30 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly 31 subject to those terms, conditions and criteria contained in the Agreement between the 32 City of Virginia Beach and Michael and Lynda Tubridy (the "Agreement"), a summary of 33 terms is attached hereto as Exhibit B; and 34 35 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee 36 is hereby authorized to execute the Agreement; and 37 38 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such 39 time as Michael and Lynda Tubridy and the City Manager or his authorized designee 40 execute the Agreement. 41 42 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 43 of , 2014. APPROVED AS TO CONTENT: C•J.scv APPROVED AS TO LEGAL SUFFICIENCY AND FORM: LIC WORKS / REAL ESTATE CITY A TORN Y CA12972 \\vbgov.com\DFS1 \Applications\CityLawProd\cycom32\W pdocs\D002\P018\00152415.doc R-1 October 8, 2014 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 day of , 2014, by and between the CITY OF VIRGINIA BEACH. VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and MICHAEL TUBRIDY and LYNDA TUBRIDY, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lot 10A" as shown that certain plat entitled: "RESUBDIVISION OF PROPERTY LOTS 9, 10 & ADJOINING WESTERN 7.5' OF CLOSED ALLEY BLOCK 17 CROATAN BEACH (M.B.24, P.37) VIRGINIA BEACH, VIRGINIA, SCALE 1"=30', NOVEMBER 5, 2002, prepared by GALLUP SURVEYORS AND ENGINEERS, LTD. ," and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument Number 200212263085291, and being further designated, known, and described as 205 Aqua Lane, Virginia Beach, Virginia 23451; WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City right-of-way known as Aqua Lane (50' R/W) the "Encroachment Area"; and GPIN: CITY RIGHT OF WAY — 2426-38-6467-0000; (205 Aqua Lane) WHEREAS, it is proposed by the Grantee to maintain an existing stone paver walkway, and construct and maintain a four (4) foot vinyl fence and landscaping, collectively, the "Temporary Encroachment", in the City of Virginia Beach; 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 SHOWS ENCROACHMENT ONTO CITY PROPERTY FOR FENCE AND LANDSCAPING FOR MIKE & LINDA TURBIDY," a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and 2 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 must obtain and keep in effect liability insurance with the City as a named insured in an amount not Tess 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 1 contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the Department of Public Works City Engineer's Office or the Engineering Division of the Department of Public Utilities. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; niay require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. a IN WITNESS WHEREOF, Michael Tubridy and Lynda Tubridy, the said Grantee, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 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: A STATE OF CITY/COUNTY OF 4.0cc. 3&— By .4A.4:4 Mic aeI Tubridy, Owner , to -wit: The foregoing instrument was acknowledged before me this 'y day of (5-er'401, , 2014, by Michael Tubridy, Owner. Votary Registration Number: 4o4iL%I 1 My Commission Expires: 6.'2.,x• 20k - STATE OF / CITY/COUNTY OF a ZSOL___, to -wit: 4 My Commission Expires Feb 28, 2015 omeruipliewspigowirgrempipqmsomi (SEAL) rublic JOYCE A_ BuTTEHFIELD Notary Public Commonwealth of Virginia 4064111 The foregoing instrument was acknowledged before me this day of 6 p-6bbe� . , 2014, by Lynda Tubridy. Notary Registration Number: 14011/8 My Commission Expires: &Q. - 015- 7 1 — 7 JOYCE A. B%J1TERFIELD Notary Public Commonwealth of Virginia 4064111 My Commission Expires Feb 28, 2015 APPROVED AS TO CONTENTS (SI NATURE DATE PUBLIC WORKS / REAL ESTATE DEPARTMENT / DIVISION R APPROVED AS TO LEGAL SUFFICIENCY AND FORM D A ASSOCIATE CITY ATTORNEY ±15' 0 i LU z 0 EDGE OF PAVEMENT LUGUSTRUM (16) 4' SPACING tcS 0 `t 0 0 E0 0 PERGOLA 10'X12' 012 °58'45" E 50.00' 14.00'L FLAGSTONE WALK N 77°01'15" E POOL DWELL I NG CONCRETE DRIVE 12°58'45" W 50. 0' FENCING AG UNI T POOL EQUIPMENT PAD SCALE: 1"=20' 0 20 40 10 30 VANS=R LT AVE.'11(SO') INST# 20021225c10602c1I EXHIBIT A SHOWS ENCROACHMENT ONTO CITY PROPERTY FOR FENCE AND LANDSCAPING FOR MIKE & LINDA TUBRIDY Front of property looking towards the Oceanfront Back of property facing Vanderbilt Ave. Example of one of many illegal encroachments in Croatan neighborhood Front view of an approved encroachment - Fence, Landscaping and Fountain -corner of Croatan Dr. & Virginia Dare Avenue ARO UMW Jur:- :7 08 008 Side view of same approved encroachment- corner of Croatan Dr. & Virginia Dare Ave. as4 �r.ir�-..-_s#"�ivC 1 17- t y -4 4 .;s. A:ate G 4 D �+r s t, ' ,r10 s /// 1 AD 1ProlecM4RC Faes'AGENDA AlfAPS'Aova Lanel24 -6467 terra m„ Location Map SITE ' 'Path Used by Pedestrians) Legend Proposed Location of Fence Proposed Landscaping City Properties npancl by xrppon.asn+ws= au oeaaQDt4 LOCATION MAP ENCROACHMENT REOUEST FOR MICHAEL AND LYNDA TUBRIDY 205 AQUA LANE GPIN 2426-38-6467 Feet J 50 100 200 ' L.t DD:'rgace ARC FMs'AGENDA MA 'SAqua Larr124263&E4E7. mA Aerial View Click on Sign to add and place agnature PDF file. 1 4ci jokklitr 111c y rq, upccrt xry ces ureau oa _o LOCATION MAP ENCROACHMENT REQUEST FOR MICHAEL AND LYNDA TUBRIDY 205 AQUA LANE GPIN 2426-38-6467 F«-�t 0 50 100 EXHIBIT B Summary of Terms Parties: City of Virginia Beach ("Grantor") Michael and Lynda Tubridy ("Grantee") Encroachment: Maintain an existing flagstone walkway Construct and maintain a four foot vinyl fence and landscaping, which extend into Aqua Lane approximately 14 feet by 48 feet (672 square feet). Temporary: Indemnity: Removal immediately if an emergency or public necessity Removal with 30 days' notice Grantee bears all cost for removal Grantee to indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses, and expenses for any action arising out of the construction, location, or existence of the Temporary Encroachment. Insurance: $500,000 liability insurance with the City as a named insured. CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution to Support the City Applications to the Virginia Department of Transportation for FY 2015-16 Transportation Alternatives Program MEETING DATE: October 21, 2014 ■ Background: The Transportation Alternatives Program (TAP) was authorized in the federal transportation bill — "Moving Ahead for Progress in the 21st Century", also known as MAP -21. The program is intended to help local sponsors fund community based projects that expand travel choices and enhance the transportation experience by improving the cultural, historical and environmental aspects of the transportation infrastructure. It focuses on providing for pedestrian facilities, bicycle facilities, and community improvements. The TAP is part of the Federal -aid Highway program. While TAP is not a grant program, local funding must comprise at least 20% of the project. The following four (4) projects have been identified as candidates for this funding: 1. Salem Road Sidewalk — This project will provide a 5 -ft wide concrete sidewalk along the east side of Salem Road from Salem Lakes Boulevard to Rock Lake Loop, a total distance of approximately 0.25 miles. The concrete sidewalk will tie into existing sidewalks at Salem Lakes Boulevard and Rock Lake Loop. The concrete sidewalk will be located within the existing right-of-way behind the existing swale. This project will greatly improve safety for pedestrians. The Total Project Cost is approximately $400,000. The City will provide the 20% match ($80,000) and request the remaining 80% ($320,000) in TAP funds. 2. West Great Neck Road Sidewalk — This project will provide a 5 -ft wide concrete sidewalk along the west side of West Great Neck Road from Adam Keeling Road to the bridge over Long Creek, a total distance of approximately 0.2 miles. The concrete sidewalk will tie into existing sidewalks at Adam Keeling Road and the bridge over Long Creek. This project includes new curb, accessible curb ramps, railings and tree removal. The concrete sidewalk will be located within the existing right-of-way. This project will greatly improve safety for pedestrians traveling from Great Neck Point to Shore Drive. The Total Project Cost is approximately $385,000. The City will provide the 20% match ($77,000) and request the remaining 80% ($308,000) in TAP funds. 3. Cypress Avenue and Mediterranean Avenue Sidewalks — This project will provide a 5 -ft wide concrete sidewalk along the west side of both Cypress Avenue and Mediterranean Avenue from 22nd Street to 24th Street, a total distance of approximately 0.26 miles. Both concrete sidewalks will tie in to existing sidewalks along 24th Street that connects to Virginia Beach Middle School. This project includes piping the existing ditch, new curb and gutter, tree removal as well as driveway replacement. The concrete sidewalks will be located within the existing right-of-way. This project will greatly improve safety for pedestrians traveling to Virginia Beach Middle School. The Total Project Cost is approximately $538,000. The City will provide the 20% match ($107,600) and request the remaining 80% ($430,400) in TAP funds. 4. Thalia Creek Greenway Phase 3 — This project will provide a 10 -ft wide shared -use path along the north side of Thalia Creek from Independence Boulevard across Thalia Creek to tie in to the Phase 2 Thalia Creek alignment which is currently in design, a total distance of approximately 0.23 miles. This project includes approximately 450 -ft of asphalt path on -grade and 750 -ft of raised boardwalk. The raised boardwalk section will be 14 -ft wide to meet VDOT standards. Right-of-way may be required from four (4) properties. This project will greatly improve both the safety and the convenience of pedestrian access between Town Center and the neighboring communities. The Total Project Cost is approximately $2,759,000. The City is requesting TAP funding in the amount of $1,000,000 (TAP funding cannot exceed $1,000,000). The City will provide the remaining funding to complete the project ($1,509,000), which include the required local funding. • Considerations: The Transportation Alternatives Program is not a grant program, and funds are only available on a reimbursement basis. The program requires that localities must first incur the expenses and then request reimbursement. • Public Information: Public information will be handled through the normal Council Agenda process. VDOT requires a public notice and hearing, so the notice was published in the October 12, 2014, Beacon. The public hearing will be held on October 21, 2014. • Recommendations: Adopt the resolution to support the City's applications for the FY 15-16 VDOT TAP and authorize the City Manager to enter into any necessary agreements for project development and construction. • Attachments: Resolution; Maps (4) Recommended Action: Approval Submitting DepartmentlAgency: Public Works Engineering City Manager` I II 1 A RESOLUTION TO SUPPORT THE CITY APPLICATIONS 2 TO THE VIRGINIA DEPARTMENT OF TRANSPORTATION 3 FOR FY 2015-16 TRANSPORTATION ALTERNATIVES 4 PROGRAM 5 6 WHEREAS, the Virginia Department of Transportation provides federal pass - 7 through funding from the Transportation Alternatives Program for improvements to 8 pedestrian facilities, bicycle facilities, and community improvements; and 9 10 WHEREAS, the City may request 80% of the cost of a project, up to $1,000,000, 11 and must provide the remaining 20% as a local match for each project; and 12 13 WHEREAS, the City's has identified four high-priority projects as candidates for 14 this funding. 15 16 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 17 VIRGINIA BEACH, VIRGINIA: 18 19 1. That the City of Virginia Beach City Council hereby supports applications 20 for FY 2015-16 Transportation Alternative Program, with the total cost of the project 21 being $4,082,000 and the City requesting $2,058,400 in federal funding with the 22 following detailing the individual projects and proposed local contribution: 23 24 a. $400,000 for the Salem Road Sidewalk, with $320,000 from federal 25 funds and $80,000 in local funds; 26 27 b. $385,000 for the West Great Neck Road Sidewalk, with $308,000 in 28 federal funds and $77,000 in local funds; 29 30 c. $538,000 for the Cypress Avenue and Mediterranean Avenue 31 Sidewalk, with $430,400 in federal funds and $107,600 in local 32 funds; and 33 34 d. $2,759,000 for the Thalia Creek Greenway Phase 3, with 35 $1,000,000 in federal funds with the remaining need of $1,759,000 36 to complete the project being funded within Parks and Recreation 37 programmed CIP. 38 39 2. That the required matching funds will be provided from within capital 40 project appropriations -to -date and within Parks and Recreations programmed Capital 41 Improvement Plan. 42 43 3. That the City Manager is hereby authorized to execute on behalf of the 44 City of Virginia Beach any project agreement required by VDOT in furtherance of the 45 Transportation Alternatives Program, including project development and construction. 46 47 Adopted by the Council of the City of Virginia Beach, Virginia on the day 48 of , 2014. APPROVED AS TO CONTENT: Budget and anagement Services CA13138 R-1 October 8, 2014 APPROVED AS TO LEGAL SUFFICIENCY: Z , City Attorney's Officesg--------- J1 RGINIA BEACH LVD r•- w < L.2 Shared Use Asphalt Path t-ERD° NAND CIR Shared Use Boardwalk \o. Shared Use Asphalt Path 0 :.J m w 0 z w 0 a. w; 0 z 0) LOCATION MAP THALIA CREEK GREENWAY PHASE 3 l 'repared by P.W./Eng.JEhg. S,ipport Services Bureau 09/25/2014 X:\CADD\Proiects\ARC Files\AGENDA MAPS\Thalia Creek Greenwav\Thalia Creak r:raanwa + Pnrlro $ . a 0 100 200 Feet 400 rn drrrm 0I_ 151 Concrete Sidewalk ADAM'KEEL(NG'RD J .L . LOCATION MAP WEST GREAT NECK ROAD SIDEWALK y P.W./Eng./Eng. pport Services Bureau 09/25/2014 X:ICADD\Projects\ARC Files'AGENDA MAPS\West Great Neck Rd Sidewalk= Neck Rd Sidewalk Pnrtrait mom. 0 200 400 Feet 800 FERRELL Salem Road Sidewalk L � WARENECK<DR r LOCATION MAP Salem Road Sidewalk From Salem Lakes Boulevard To Rock Lake Loop Feet 1,000 'rebored by P.W./Eng./Eng. Sup ervi 9/15/20 0 250 500 X:\CADD\Projects\ARC Files\AGENDA MAPS\Salem Rd\Sidewalk\Salem Rd Sidewalk Anemia Pnr+r,it n,, NORFOLK AV Mediterranean Avenue Sidewalk Cypress Avenue Sidewalk 264 LOCATION MAP Cypress Avenue and Mediterranean Avenue Sidewalks 'repared by F1N./En!./Eng Support Se -s Bureau 09/20/2013 0 100 200 Feet 400 Y•V:Ar1rl\Prniartc\AR(: Filec1A(,FNr1A AAA PC4TAP nmiarte V'vnnocc Avim -,nel nnoaitior..,..,..... Ac.,,, etAn 1,1 I 11 ITEM: A Resolution to Support the City's Application to the Virginia Department of Transportation for the FY 2015-16 Revenue Sharing Program MEETING DATE: October 21, 2014 • Background: The General Assembly continued the VDOT Revenue Sharing Program for FY15-16. The Revenue Sharing Program is intended to provide funding for immediately needed improvements or to supplement funding for existing projects. This program provides VDOT funding for a 50/50 match up to $10 million. The Centerville Turnpike Phase II (CIP 2-409) and Princess Anne Road Phase VII (CIP 2-195) projects have been identified as candidate projects for this program. The request is for $5 million for each project. Both projects are currently in the City's Capital Improvement Program. The Centerville Turnpike Phase 11 project (CIP 2-409) will improve capacity and safety by widening Centerville Turnpike from two to four lanes from Indian River Road to Kempsville Road, a distance of approximately 1.85 miles. The total project cost estimate is approximately $32 million, with $17,868,747 appropriated to date. The additional $5M of Revenue Sharing Funding combined with City funding programmed in the CIP will fully fund the project in the program. The Princess Anne Road Phase VII project (CIP 2-195) will improve capacity and safety by widening Princess Anne Road from two to four lanes from General Booth Boulevard to Fisher Arch, a distance of approximately one mile. The total project cost estimate is approximately $24.1 Million, with $19,125,750 appropriated to date. The additional $5M of revenue Sharing Funding will fully fund the project. • Considerations: The Revenue Sharing Program provides that localities which fund a share equal to the matching requirement be given higher priority over other localities. The City has sufficient funds on both projects that can be used to satisfy our required match. Any additional funding from the Commonwealth would free up City funding to be used elsewhere. • Public Information: Public information will be handled through the normal Council Agenda process. • Recommendations: Adopt the resolution of support for the City's application to the VDOT Revenue Sharing Program and authorize the City Manager to enter into any necessary agreements for project development and construction. • Attachments: Resolution; Maps (2) Recommended Action: Approval Submitting Department/Agency: Public Works Engineering City Manager. 1 A RESOLUTION TO SUPPORT THE CITY'S APPLICATION 2 TO THE VIRGINIA DEPARTMENT OF TRANSPORTATION 3 FOR THE FY 2015-16 REVENUE SHARING PROGRAM 4 5 WHEREAS, the City of Virginia Beach is eligible to submit applications for up to 6 $10,000,000 through the Virginia Department of Transportation Fiscal Year 2015-16 7 Revenue Sharing Program; and 8 9 WHEREAS, the City's highest priority improvements that meet the eligibility for 10 funding are part of Project # 2-409, Centerville Turnpike Phase II, and Project # 2-195, 11 Princess Anne Road — Phase VII. 12 13 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 14 VIRGINIA BEACH, VIRGINIA: 15 16 1 That the City of Virginia Beach City Council hereby supports the application to 17 the Virginia Department of Transportation for its Revenue Sharing Program to 18 request funding of $5,000,000 for Centerville Turnpike Phase II (Project # 2-409) 19 and $5,000,000 for Princess Anne Road Phase VII (Project # 2-195); and 20 21 2. That the required matching funds will be provided from the allocation of local 22 funding existing within the aforementioned projects; and 23 24 3. That the City Manager is hereby authorized to execute on behalf of the City of 25 Virginia Beach any project agreement required by VDOT in furtherance of the 26 Revenue Sharing Program, including project development and construction. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2014. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Services City Attorney's Office CA13139 R-1 October 8, 2014 LOCATION MAP Princess Anne Road - Phase VII CIP 2.195.000 Feet 0 500 1,000 2,000 A ...... 17.1 Dh \/11 An cnrlo Dnrfrmi4 mv� =swum pjaossiiisl - 1` i • ► 4� t Li ade iR� ��tos**%i •4 Nam: 411 � �Rtia»: ``a*1 11/l t gip' �, to L bow a. . 11111 rti i "belI;$iNSiti 48 Vial BiliaW.".1. 1,1014 `�SZ►inw� -[ VA% Oaf inirriMli,. Op 01 an ii ��tor�.lRIrigt�; •C.i% 1"•., RR I �*vtili''`r 4.4,14.14 4 t i��C�I�•� 1 ��r4i.4*/ ��? Z� Gi►�i9D •ti ' 1101 eta' O' `�j`7 .. IN Ammo Mb NI om mr or al se 1Lo o,.:;:1 A. A Sli 4.14 444 �•aiO dr:,i •i viirl%416. ��a1 1 iii`► tr, 4f , Chesapeake LOCATION MAP Centerville Turnpike Phase 11 CIP 2-411 0 1,000 2,000 Feet 4,000 ....... ..._. 'epared by P.W./Eng./Eng. Support Services Bureau 11/08/2012 X:\CADD\Projects\ARC Files\AGENDA MAPSICenterville Turnpike Phase 111CIP 2-411.mxd CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Funding from the Virginia Department of Transportation Revenue Sharing Program to CIP #2-072 First Colonial RoadNirginia Beach Boulevard Intersection Improvements and CIP #2-038 Rosemont Road — Phase V MEETING DATE: October 21, 2014 • Background: The General Assembly continued its funding of the Virginia Department of Transportation (VDOT) Revenue Sharing Program for the current fiscal year. The City applied for and received $7 million for the First Colonial RoadNirginia Beach Boulevard Intersection Improvements project (CIP 2-072) and $3 million for the Rosemont Road — Phase V project (CIP 2-038). The First Colonial Road/Virginia Beach Blvd Intersection Improvements project (CIP 2- 072) will improve capacity and safety at the intersection by widening First Colonial Road from Oceana Boulevard to the 1-264 overpass from four to six lanes in a 130 -ft right-of- way. The Rosemont Road — Phase V project (CIP 2-038) will improve capacity and safety by widening Rosemont Road from two to four lanes from Lynnhaven Parkway to Dam Neck Road, a distance of approximately 1.5 miles. • Considerations: The Revenue Sharing Program provides a major source of State transportation funding for the City. Localities compete for a maximum annual allocation of $10 million, with a requirement that the locality contribute a share equal to the award amount. There is sufficient local funding in the First Colonial Road/Virginia Beach Boulevard Intersection Improvements project (CIP 2-072) and in the Rosemont Road — Phase V project (CIP 2-038) to satisfy our required match. The additional $7 million and $3 million in revenue sharing funding will eliminate the need for future City Funding. • Public Information: Public information will be provided through the normal City Council agenda process. Since this appropriation exceeds 1% of the Capital Improvement Plan, a public hearing is required. A notice was published in the October 12th Beacon, and a public hearing will be held on October 21St • Recommendation: Adopt the attached ordinance. • Attachments: Ordinance; Maps(2) Recommended Action: Approval Submitting Department/Agency: Public Works City Manager: 01,, 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FUNDING FROM THE VIRGINIA DEPARTMENT OF 3 TRANSPORTATION REVENUE SHARING PROGRAM TO 4 CIP #2-072 FIRST COLONIAL ROAD/VIRGINIA BEACH 5 BOULEVARD INTERSECTION IMPROVEMENTS AND CIP 6 # 2-038 ROSEMONT ROAD- PHASE V 7 8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA: 10 11 1. That $7,000,000 is hereby accepted from the Virginia Department of 12 Transportation and appropriated, with estimated state revenue increased 13 accordingly, to Capital Project # 2-072, "First Colonial Rd/Virginia Beach 14 Boulevard Intersection Improvement;" and 15 16 2. That $3,000,000 is hereby accepted from the Virginia Department of 17 Transportation and appropriated, with estimated state revenue increased 18 accordingly, to Capital Project # 2-038 "Rosemont Road- Phase V. 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: CA13136 R-1 October 8, 2014 APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office __------ .-5.-ze:A.::----------- 264------:--- ---- -, -- ---- cko T _ ..._ ._ 111110 OCEAN:GARDEN ST ri-A-1...11n --1-0- --! , LJ .... I E ,_-, ".. IT— ' L.-- Lc L (I) 0 r" 11. r-5 O D n - Z , 7 r -Z (1) -- ;-A ,, cn -'7,:ctlr L ' Ew flz I w 0 ' I 0 . - • 0 --------' ! , CHIGANAVE - - ot C, 0 0 0 Ina' INDIANA'A,Vrill L1E— z 11111111111: 1111 IH. ) _ 0 L -1 ..;s 0 0 0U 171, L,_. ri L10 ''' LI 1:::71$17 • 't'i - -j. -7SOUTH E RN . BLVD: LOCATION MAP For First Colonial Road/ Virginia Beach Boulevard Intersection Improvements repared by P.W/Eng./Eng. Support Services Bureau 09/20/2013 0 250 500 Feet 1,000 Y•krtirgI1Prniprfc\ APC. Filincli1C.PK111/1 AAAPC\riret rnInnial Pd 12. Vo /- _ - MIL ESSO* 41.4_10 tw „ i v'., d ikostiii ssat ''Q % LAPS LOCATION MAP For Rosemont Road Phase V Capital Improvement Program 0 500 1,000 Feet 2,000 ,epared by P.W./Enq./Enq. Support Services Bureau 10/25/2013 X:\CADD1Proiects\ARC Files\A(;FNDA MAPS\Rncemnnt Rrl\Rncomnnt Ph v o .- , CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Federal Pass-through Funding to CIP #2-300, Traffic Safety Improvement MEETING DATE: October 21, 2014 ■ Background: The Transportation Alternatives Program (TAP) was authorized in the federal transportation bill — "Moving Ahead for Progress in the 21st Century", also known as MAP -21. The program is intended to help local sponsors fund community based projects that expand travel choices and enhance the transportation experience by improving the cultural, historical and environmental aspects of the transportation infrastructure. The TAP focuses on providing pedestrian facilities, bicycle facilities, and community improvements. The TAP is part of the federal -aid highway program. While TAP is not a grant program, local funding must comprise at least 20% of the project. In some projects local funding greatly exceeds 20%. The City received $1,361,925 in federal allocations for the following projects: Total Project Federal Local Match Cost Allocations Buckner Boulevard Shared -Use Path $569,585 $455,668 $113,917 Greenwell Road Sidewalk $414,962 $331,969 $82,993 Kendall Street Sidewalk $302,393 $120,957 $181,436 Shore Drive Bike Facilities (West Bound) $866,720 $453,331 $413,389 Total $2,153,660 $1,361,925 $791,735 ■ Considerations: These projects are included in the Traffic Safety Improvements (TSI) program (CIP 2-300). There is sufficient local funding in Capital Project #2-300 to satisfy the local funding requirement. • Public Information: Public information will be provided through the normal City Council agenda process. • Recommendation: Adopt the attached ordinance. ■ Attachments: Ordinance; Maps (4) Recommended Action: Approval Submitting Department/Agency: Public Works City Manage 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FEDERAL PASS-THROUGH FUNDING TO CIP #2-300, 3 TRAFFIC SAFETY IMPROVEMENT 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 That $1,361,925 is hereby accepted from the Virginia Department of 9 Transportation and appropriated, with federal pass through revenue increased 10 accordingly, to Capital Project #3-200, Traffic Safety Improvement, for safety 11 improvements consistent with the VDOT Transportation Alternatives 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 CA13137 R-1 October 8, 2014 APPROVED AS TO LEGAL SUFFICIENCY: J City Attorney's Office --__PRIM / / Buckner Boulevard Shared -Use Path I • r FACULTY BLVD 're Services Bureau 09/20/2013 X'\(;Alfl\Prni r.fs\ARC. FilAs\AC;FNfA MAP.\TGP nrnianfe\ I . LOCATION MAP Buckner Boulevard Shared -Use Path 0 200 400 Feet 800 SHORE DR Greenwell Road Shared -Use Path/Sidewalk _FIRST -COURT RD SOIL i1 rr �+.... �..' ir_ -,. UR DINT PL. t - _ CH CHIP_ 1 (� �.' �� ' 1111111 L ' ,,� i ( i. ` iu j411111 �� A4IP 1 LOCATION MAP IllibjJ Greenwell Road --- — --- ,...E �- 1 � [, : 114111rall--cu Shared -Use Path/Sidewalk - RTISS_DR=iFFeet t 0 200 400 80n. S�rwi •.0:119 �! 3 X'\f:Ann\Prniar.ts\AR(: Fila.s\AC;FNflA MAPS\TAP 1 11 o ?re I r" uppert Services Bureau 09/ 0/2 13 I' L.f LOCATION MAP Kendall Street Sidewalk 0 100 200 Feet 400 XACADD\Proiects\ARC Files\AGENDA MAPS \TAP projects \Kendall Street Sidewalk\KPnriaii St SIN Porirmit env.4 HORE DR wJ / / . . -'' • ','.1<,'Q' ,, •,,.. l'''.! i ',-, ,•-', cz / N ' , ' ' -./., ...-- , - , '..C"-- 7/ o._,.,,,,,,,.,,,, ,,,, i\,\, , • ,,„,.: i,,.,,,,-0_, _6_).-,), ° (s).„),,,": 4•','•••• • ‘° - ' 'N<\ ' 'd) - -.' . .A,5) - - 1 s' '• •...0, .R.:, : - , •'„,,... P 0 - • cOs (6\- • ..c0 / 101.9 \)co, gO\N— 0 A • if\ A N•:, ° 'repared by P.W./Eng./Eng. Support LOCATION MAP Shore Drive Shoulder Widening for On -Road Bike Facility Fee 0 1,200 2,400 4,800 breA 09'/2y/2\ ""A • . 2-7\ X: \CADD\Proiects \ARC Files \AGENDA MAPS \TAP oroiects\Shore Dr Rikp Farility \Rhprp nr Rile. C•=e,;14., 4 4 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Appropriate $1,040,292 from the Fund Balance of the Tourism Advertising Program Special Revenue Fund for Advertising and Marketing Efforts MEETING DATE: October 21, 2014 • Background: In August, 1995, the City Council of Virginia Beach established the Tourism Advertising Program (TAP) Special Revenue Fund with the intent to utilize the TAP Fund for the City's travel and tourism advertising programs. This fund collects revenues dedicated from one cent of the percentage -based portion of the transient lodging tax, one-half cent of the restaurant meal tax, and a flat lodging tax of one dollar per night. The Council has continued its support by appropriating these revenues to the TAP Fund in the Operating Budget for the City's advertising and marketing programs to promote and increase tourist, convention and amateur sports competition visitation to the City. These programs include the operation and maintenance of the Visitor Information Centers and additional regional and national advertising for the City with increased emphasis on marketing through the City's website, www.visitvirqiniabeach.com, and a variety of electronic media. • Considerations: At the close of FY 2013-14, the TAP Fund had an un- appropriated fund balance of $1,140,292. The fund balance results from previously appropriated funds that lapse at the end of the fiscal period and any accumulated interest. Additionally, revenues from the previous fiscal year that exceeded estimates are available for appropriation by Council. After review of the available fund balance, the Convention and Visitors Bureau (CVB) requests the appropriation of $1,040,292 from the fund balance for the following marketing purposes: 1. Increase investment in participatory sports events, domestic leisure, and international leisure advertising and marketing programs, to take advantage of new opportunities and counter more aggressive programming by the City's competitors ($700,000); 2. Continue to increase functionality of the customized, web -based mobile phone and tablet informational and promotional solution — the WebApp — for leisure, transient, and group convention sales, convention center and sports marketing, as well as to address critical needs in information technology infrastructure ($150,000); 3. Enhance CVB-specific social media marketing programs, domestic leisure public relations, and tourism product development activities ($125,000); 4. Complete the new Live the Life/This Is the Life advertising creative evolution to further support the City's leisure brand in the domestic marketplace ($65,292). If these funds are appropriated, the TAP Fund will have a fund balance of $100,000. This remaining balance would be available as an emergency reserve or other needs that may occur during the fiscal year or to reserve for future capital needs of the Visitor Information Center. ■ Public Information: Public information will be provided through the normal Council agenda process. ■ Recommendation: Approve the attached budget amendment ordinance. ■ Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: Convention and Visitors Bureau City Manager' 1 AN ORDINANCE TO APPROPRIATE $1,040,292 2 FROM THE FUND BALANCE OF THE TOURISM 3 ADVERTISING PROGRAM SPECIAL REVENUE 4 FUND FOR ADVERTISING AND MARKETING 5 EFFORTS 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 That $1,040,292 is hereby appropriated from the fund balance of the Tourism 10 Advertising Program Special Revenue Fund, with estimated revenues increased 11 accordingly, to the FY 2014-15 Operating Budget of the Convention and Visitor's 12 Bureau for various marketing projects. 13 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: (') Budget and Management Services CA13135 R-1 October 7, 2014 City Attorney's Offic ITEM: An Ordinance to Accept and Appropriate State Funds, to Appropriate Fee Revenue, and to Authorize Twelve Positions in the Department of Human Services to Establish the Program of Assertive Community Treatment Team MEETING DATE: October 21, 2014 • Background: Program of Assertive Community Treatment (PACT) is an evidence -based, recovery -oriented service delivery model that provides comprehensive, locally based treatment to people with the most serious and persistent mental illnesses. These programs provide intensive, wrap-around services to individuals that have not been responsive to transitional outpatient treatment and continue to struggle with acute psychiatric symptoms, elevated risk factors, repeated hospitalization, homelessness, and incarceration. State funding of $850,000 has been earmarked to establish a program in Virginia Beach, and this program, like other similar programs, will be licensed by the Virginia Department of Behavioral Health and Development Services. • Considerations: Upon Council approval of the attached Ordinance, Human Services anticipates accepting the first clients in January 2015. The client services will bring Medicaid fee revenue to supplement the State funding. Human Services anticipates the need for twelve new City of Virginia Beach FTEs including: Team Leader (MH/MR Supervisor II); Psychiatrist (Staff Psychiatrist); RN Coordinator (MH/MR Clinician IV); two RNs (MH/MR Clinician III); Administrative Assistant; Peer Specialist (Behavior Specialist I); Program Coordinator (MH/MR Clinician IV); and four Clinicians (MH/MR Clinician III). Start-up costs will also include office space, and equipment. As shown on Page ten (10) of the Policy Report (attached), additional local funds needed in FY -2016 are estimated to be $375,485. The Policy Report provides additional information about the program and policy considerations. • Public Information: This project has been endorsed by the Virginia Beach Community Services Board and funding is contained in the State Budget. Public information will be provided through the normal Council Agenda process. • Alternatives: The Policy Report discusses alternatives. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance; PACT Policy Report Recommended Action: Approval Submitting Department/Agency: Human Services Department City Manager: 5 k 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE STATE 2 FUNDS, TO APPROPRIATE FEE REVENUE, AND TO 3 AUTHORIZE TWELVE POSITIONS IN THE DEPARTMENT 4 OF HUMAN SERVICES TO ESTABLISH THE PROGRAM OF 5 ASSERTIVE COMMUNITY TREATMENT TEAM 6 7 WHEREAS, the General Assembly approved State funding in FY 2014-15 to add 8 one Program of Assertive Community Treatment (PACT) Team to provide intensive wrap - 9 around services to individuals that have not been responsive to transitional outpatient 10 treatment and continue to struggle with acute psychiatric symptoms, elevated risk factors, 11 repeated hospitalization, homelessness, and incarceration; and 12 13 WHEREAS, the Virginia Department of Behavioral Health Services is requesting the 14 Virginia Beach Human Services Department add a PACT Team in FY 2014-15 and has 15 earmarked State funding of $850,000 for this program; and 16 17 WHEREAS, it is anticipated that some costs for services offered by the PACT Team 18 will be paid by Medicaid revenues. 19 20 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA THAT: 22 23 (1) $850,000 is hereby accepted from the Virginia Department of Behavioral 24 Health and Developmental Services and appropriated, with estimated state revenues 25 increased accordingly, to the FY 2014-15 Operating Budget of the Department of Human 26 Services to establish a PACT Team; 27 28 (2) $48,730 in anticipated Medicaid fee revenue is hereby appropriated, with 29 estimated fee revenue increased accordingly, to the FY 2014-15 Operating Budget of the 30 Department of Human Services to establish a PACT Team; and 31 32 (3) Twelve full-time equivalent positions are authorized in the FY 2014-15 33 Operating Budget of the Department of Human Services for the PACT Team with the 34 following description and FTE authorization: 35 36 a. Team Leader (MH/MR Supervisor II) 1.0 FTE; 37 b. Psychiatrist (Staff Psychiatrist) 1.0 FTE; 38 c. RN Coordinator (MH/MR Clinician IV) 1.0 FTE; 39 d. Administrative Assistant 1.0 FTE; 40 e. Peer Specialist (Behavior Specialist I) 1.0 FTE; 41 f. Program Coordinator (MH/MR Clinician IV) 1.0 FTE; 42 g. RNs (MH/MR Clinician III) 2.0 FTEs; and 43 h. Clinicians (MH/MR Clinician III) 4.0 FTE. 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: 7 Budget an 4' M. nagement Services CA13149 R-1 October 14, 2014 APPROVED AS TO LEGAL SUFFICIENCY: Policy Report RECOMMENDATION TO ADD PROGRAM OF ASSERTIVE COMMUNITY TREATMENT (PACT) AS A MENTAL HEALTH SUBSTANCE ABUSE SERVICE WITH THE CITY OF VIRGINIA BEACH DEPARTMENT OF HUMAN SERVICES BACKGROUND A. Purpose: To add an intensive community-based service that will serve Virginia Beach citizens with severe and treatment resistant mental health and substance abuse disorders. In January 2014, the Virginia Beach Department of Human Services (VBDHS) leadership and the Community Services Board (CSB) board members met with Senator Frank Wagner to discuss priority needs for behavioral health and developmental services. The conversation was held in the wake of Senator Deeds' family tragedy and Senator Wagner displayed much interest in supporting mental health services. In fact, he mentioned funding would be coming forward for additional PACT programs and inquired as to why Virginia Beach, as the Commonwealth of Virginia's largest city, did not have a PACT team. He indicated that he would support a PACT team in Virginia Beach and we responded with interest in pursuing the additional service. It is important to note that this conversation occurred prior to the recent emergence of significant hiring difficulties, especially with psychiatrists and nurses. B. PACT Description: Program of Assertive Community Treatment (PACT) Programs are licensed by the Virginia Department of Behavioral Health and. Developmental Services (DBHDS). PACT is an evidence -based, recovery -oriented service delivery model that provides comprehensive, locally based treatment to people with the most serious and persistent mental illnesses. The program is targeted to provide intensive wrap-around services to individuals that have not been responsive to transitional outpatient treatment and continue to struggle with acute psychiatric symptoms, elevated risk factors, repeated hospitalization, homelessness, and incarceration. Multiple services are provided to meet the complex treatment, rehabilitation and support needs of PACT clients. To meet these complex needs, PACT services 10/6/2014 PACT POLICY REPORT 1 I II are delivered by a group of multidisciplinary mental health staff who work as a team including a psychiatrist, nurses, clinicians, peers, and substance abuse and vocational specialists. intensive services are provided to enrolled clients 24 hours a day, seven days a week, 365 days a year in a manner not possible with the limited resources of the traditional outpatient setting. Clients with the most intensive needs can receive daily services as often as two to three times per day. The PACT team is mobile and delivers the majority of services in community locations in order to increase engagement and integration. PACT services are individually tailored with each client and address the preferences and identified goals of each client. The approach with each client emphasizes relationship building and active involvement in assisting individuals with severe and persistent mental illness to make improvements in functioning, to better manage symptoms, to achieve individual goals, maintain optimism, and progress in their recovery. PACT services are delivered in an ongoing rather than time-limited framework to aid the process of recovery and ensure continuity of caregiver. Severe and persistent mental illnesses are episodic disorders and many consumers benefit from the availability of a longer-term treatment approach and continuity of care. This allows consumers opportunity to re -compensate, consolidate gains, sometimes slip back, and then take the next steps forward until they achieve recovery. The services provided are correlated to the client's assessed clinical needs, functional ability, and level of motivation. This service design is ideally suited for those consumers who demonstrate a clinical necessity for a high level of supportive care, and would not be able to maintain their mental health stability at a lower level of care. Services include: • integrated assessment, diagnostic, psychiatric, medical, psychosocial, and psycho -educational treatment modalities • psychopharmacologic treatment • staged interventions based on client's level of motivation • crisis intervention • supportive counseling • medication assistance and health monitoring • integrated treatment planning • activities of daily living skill development and support • life skills theory and practice • peer support recovery groups • case management • vocational education and support with work related goals • substance abuse education and groups • random screening for illicit drugs and alcohol 10/6/2014 PACT POLICY REPORT 2 I 11 C. PACT Priority Population & Admission Criteria: 1. Admission priority is given to individuals with serious mental illness who are currently residing in state hospitals, have histories of frequent use of state or local psychiatric inpatient services, or are homeless. 2. PACT admission criteria includes: • Persons must be diagnosed with severe and persistent mental illness that seriously impairs their functioning and ability to maintain community living. Priority is given to people with schizophrenia, other psychotic disorders, or bipolar disorder because these illnesses more often cause long-term psychiatric disability. Clients with other psychiatric illnesses are eligible dependent on the level of the long- term disability. (individuals with a primary diagnosis of a substance abuse disorder or intellectual disability are not the intended client group.) • Person must have a three (3) or more month history of the need for intensive mental health treatment or treatment for serious mental health and substance abuse. • Persons who have demonstrated a resistance to seek out and utilize appropriate treatment options; must have recent history of not being able to effectively access and utilize traditional office -based services. • Persons with significant functional impairments in major life activities, such as: a. Significant difficulty consistently performing the range of practical daily living tasks required for basic adult functioning in the community (e.g. taking medications as prescribed; caring for personal business affairs; obtaining medical, legal and housing services; recognizing or avoiding common dangers or hazards to self and possessions; meeting nutritional needs; and maintaining personal hygiene) or persistent or recurrent difficulty performing daily tasks except with the significant support or assistance from others such as relatives or friends to the degree that the individual's community stability is jeopardized. b. Inability to be consistently employed at a self-sustaining level or difficulty consistently carrying out the homemaker role. c. Inability to maintain a safe living situation (e.g., repeated evictions or homelessness). 10/6/2014 PACT POLICY REPORT 3 • Person must have one or more of the following problems that are indicators of a need for continuous, intensive services: a. Priority is given to individuals residing in a state facility inpatient bed but whom are assessed to be able to live in a more independent situation if intensive services are provided, or will require a state facility inpatient placement if more intensive services are not available. b. Priority is given to individuals with a history of high use of acute state facility of other psychiatric hospital inpatient services within the last two years or a frequent user of emergency services. c. Intractable (i.e. persistent or very recurrent) severe major symptoms (e.g., affective, psychotic, suicidal). d. Co-occurring substance use disorder of significant duration (e.g., greater than six (6) months). e. High risk or recent history of criminal justice involvement (e.g., arrest, incarceration). f. Inability to meet basic survival needs, residing in substandard housing, homeless, or imminent risk of becoming homeless. D. Housing Information: Clients obtain housing primarily through the assistance of a case manager. Case managers are knowledgeable and well versed in housing and community resources. The clients identified as PACT -eligible live in a variety of settings and some are homeless (see pie chart below). This is a point -in -time representation of housing and it is important to note that housing can be somewhat transient for this population depending upon their stability at the time. This population can present significant challenges with meeting housing needs due to lack of resources, acute psychiatric symptoms, substance use, behavioral needs, criminal histories, poor credit, lack of natural support, etc. They are assisted with maintaining their housing with the support of case management services (benefit application, housing & treatment referrals, etc.) and mental health skill building services to provide support with daily living skills. PACT teams have the ability to provide a higher level of community support to increase housing stability. 10/6/2014 PACT POLICY REPORT 4 PACT Housing Percentages ® Supportive Housing (e.g. Beach Park East & West, S. Palm) is Adult Foster Care 0 Assited Living Facility 0 Unofficial Board and Care 10 CAMG Family (private residence) 0 Homeless r Hotel •1 independent Housing (e.g. room and board, room for rent) 4% E. Admission & Discharge Protocol: 1. The Team Leader screens PACT referrals and manages admissions by: a. Screening referrals to ensure eligibility criteria are met and reviewing lower levels of care that have been provided. b. Identifying priority referrals as listed in Section C above. c. With the exception of priority referrals, performs utilization management that maximizes PACT slots and ensures admissions follow the established payer mix protocol. A waiting list may be necessary as a utilization management tool. d. After successful screening, the Team Leader will coordinate an Intensive Community Treatment service assessment that will include the consumer, family members, psychiatrist, nurse, and case manager. It is at this point that the team will make a final decision regarding admission. 2. Discharge conversation begins at admission as staff work with consumers to develop a treatment plan that will foster skill development and recovery oriented goal development. Discharges from the PACT team will occur when 10/6/2014 PACT POLICY REPORT 5 consumers and staff mutually agree that closure/transition is clinically appropriate. Consumers must not be discharged for failure to comply with treatment planning. The team is expected to employ motivation enhancement strategies and modify treatment planning in a person -centered manner. Per DBHDS licensing regulations, discharge may occur with one of the following criteria is met a. Relocation out of the service area b. Death c. Incarceration or hospitalization over a year in duration d_ Consumer declines services and requests discharge, despite the team's best efforts to address concems and develop an acceptable treatment plan with the consumer. e. Significant sustained recovery by the individual in all major role areas with minimal team contact and support for at least two years as determined by both the individual and PACT staff. F. PACT History & Growth: In the late 1960's, the PACT model evolved out of an inpatient research unit at Mendota State Hospital in Madison, Wisconsin. Dr. Arnold Marx, Dr. Leonard Stein and Dr. Mary Ann Test spearheaded the work after noting that clients often destabilized in the community following hospital discharge. In 1972, they moved hospital staff into the community to test their hypothesis that ongoing support and treatment in the community would have a significant impact and, hence, launched PACT. Despite the documented treatment success of PACT, only a fraction of those with the greatest needs have access to this uniquely effective program. Only six states (DE, FL, MI, NJ, RI, TX) and the District of Columbia currently have statewide PACT programs. Many more states have at least one or more PACT programs in some parts of the state. The first PACT team in Virginia was funded in 1996 (District 19 CSB). In Virginia, there are eighteen (18) providers (19 sites) of PACT or Intensive Community Treatment services (see table below). 10/6/2014 PACT POLICY REPORT 6 F ;: ♦... ,.... ya'. \ ` '\ max 5 \ ' lir t +a� :oc ay tion Arlington County CSB Hanover Community Services Board Blue Ridge CSB Henrico Area Mental Health and Developmental Services (CSB - 2 locations) Horizon Behavioral Health CSB Mount Rogers Community Services Board Chesapeake CSB New River Valley Community Services Chesterfield CSB Norfolk Community Services Board Danville-Pittsylvania CSB Prince William Community Services Board District 19 CSB Richmond Behavioral Health Authority (CSB) Fairfax -Falls Church CSB Region Ten Community Services Board Hampton NN CSB Valley Community Services Board This year the General Assembly approved state general funds to fund four (4) additional PACT teams in Virginia: One (1) in FY -15 and three (3) in FY -16. DBHDS is solely collaborating with VBDHS for the FY -15 PACT team due to the city population and corresponding utilization of hospital bed days. CSB's have not yet been identified for the FY -16 allocations. CONSIDERATIONS The issue to be considered is whether Virginia Beach should agree to develop, partially finance and operate a PACT team. The decision to approve this project will be made by the City Council with input from the Director of Human Services, City Manager's Office and CSB Board of Directors. External stakeholders include DBHDS and Virginia Beach citizens and family members who would benefit from a PACT team. There are a number of factors to consider: 1. DBHDS will provide an annual allotment of restricted PACT funds in the amount of $850,000. 2. Reimbursement: The PACT team would provide Intensive Community Treatment (ICT) as the Medicaid reimbursable service that captures the wraparound services provided by the team. The urban reimbursement rate for ICT is $153 per hour. At full capacity, PACT could have a census of eighty (80) ICT clients. 3. VBDHS currently serves approximately one hundred thirty (130) clients that would meet criteria for PACT level of care. Of these clients, approximately forty- three percent (43%) have Medicaid and twenty-three (23) had previous state hospitalization. Thus far in 2014, forty-nine (49) have been hospitalized at least once and 66 have required crisis stabilization services. Most of these individuals have difficulty achieving stability in the community due to serious mental illness, such as Schizophrenia and Bipolar Disorder, combined with substance use disorders and serious comorbid medical conditions. 10/6/2014 PACT POLICY REPORT 7 4. Outcomes/Return on Investment: PACT teams are evidence -based and provide the level of intensity needed for clients who struggle to maintain stability in the community. The Virginia Association of Community Services Boards reports the following FY -13 outcomes for PACT: Of 1,672 Individuals served in 19 sites: • 94% had no arrests • 87% had stable housing • 74% lived in private households • 9% had some employment experience • 101 state hospital beds were reduced as a result of PACT and ICT programs Consultation with DBHDS yielded some comparative data regarding the return on investment. Please see the data reflected below. r asT z, .. y^' - s Arlington 89.47% 90.53% 92.63% Blue Ridge 96.63% 87.64% 96.63% Chesapeake 91.67% 80.95% 94.05% Norfolk 93.14% 86.27% 87.25% 5. Minimum staffing standards are mandated by state licensure regulations. In Virginia Beach, we will need fourteen (14) total FTE's with twelve (12) of those FTE's being new city positions as outlined below. 10/6/2014 PACT POLICY REPORT 8 1 Team Leader (Supervisor II) MH/MR Supervisor II 63,292 94,938 1 Psychiatrist Staff Psychiatrist 210,000 1 Administrative Assistant Administrative Assistant 31,701 45,966 1 Peer Specialist Behavior Specialist I 36,763 53,306 1 Nurse Manager (RN) MH/MR Clinician IV 60,241 90,362 1 Team Coordinator MH/MR Clinician IV 60,241 90,362 2 RN MH/MR Clinician III 54,576 81,864 2 Clinician I11 (1 Vocational Specialist and 1 Substance Abuse Specialist) MH/MR Clinician III 54,576 81,864 2 Clinician III (Qualified Mental Health Professionals) MH/MR Clinician III 54,576 81,864 10/6/2014 PACT POLICY REPORT 8 As cases are transferred from the Case Management Unit to the PACT program we will move two (2) clinician positions to PACT (one upon transfer of thirty (30) cases and the second upon transfer of forty (40) cases). Case managers have approximately thirty (30) cases to manage and the program does not have the capacity to absorb two (2) full caseloads; therefore, the initial PACT start-up would require new city positions to begin operations. Initial operations will require that fundamental positions be in place to perform essential clinical and administrative functions. The below table outlines the new city FTE's that should be in place at initiation of the PACT team. /x y tr,.� y'.S� wry,. -..,moi: r �3 ,,, , - .x. �"w`t 's,. 'z-- Team Leader The Team Leader will establish and apply policies and procedures, develop the schedule for clinician service provision, coordinate admissions, ensure Medicaid authorizations are approved, facilitate daily team meetings, and coordinate program growth, operations and budget. This position is essential for laying the groundwork, managing risk and achieving expected growth. 2 Clinicians Provide assessment, case management, medication delivery, skill - building, crisis intervention, education, etc. Create integrated treatment plan and ensure client needs are met. RN Coordinator The RN Coordinator will set-up the medication room, coordinate medication packaging, create and monitor medication administration records (MARs), administer injections, provide nursing support to the psychiatrist, etc. Psychiatry hours Estimated 5-7 hours/week of psychiatry time will be needed with start - up census to complete assessments, medication management, and clinical oversight. One of our current psychiatrists has agreed to assist with PACT start-up services. Administrative Assistant Develop tracking system for PACT data and submit monthly reports to DBHDS. Schedule psychiatry appointments, track injection due dates, input appointment information into the electronic health record, order supplies, manage the front desk and phone calls, etc. 6. There will be additional cost including space acquisition and build -out, city vehicles, computers, cell phones, etc. The financial layout is reflected below. 10/6/2014 PACT POLICY REPORT 9 Revenue State General Fund 850,000 850,000 Medicaid 48,730 381,594 ... ., .,.. .... ' ',,, ... .r ,,s$2,, ' / Y )\kms z 10/6/2014 PACT POLICY REPORT 9 '+c w-t— s C. L £ w+r - Y a T .r5 - Expenditures Salaries 328,177 936,288 Benefits 131,336 374,702 Lease Space Full Service 49,875 85,500 Supplies 2,520 5,220 Contracts Pharmacy Med Temps 18,648 57,600 Medications 7,200 62,400 Training 7,000 City Garage 32,610 67,200 Risk Management 9,360 9,650 Telecommunications 4,809 8,520 Laptops 21,036 ComIT Software Maintenance 22,452 Recruitment Search Firm 50,000 Mid-size Vehicle (5@17,721) 88,605 4WD Vehicle (1) 25,302 Furniture and Space Build Out 99,800 `? \ RAF. f'3 -� 1\.! , Notes: • DBHDS will transfer $850,000 each year through monthly electronic fund transfers and utilize FY 2015 Medicaid billings that will total $48,730. • Larger vehicles are needed in order to accommodate obese clients, multiple passengers and to assist clients with moving as needed. The SUV is requested as PACT staff travel in inclement weather to deliver medications and provide crisis services. 7 PACT is an expensive program to operate which raises five specific points to consider related to sustainability: a. The state financial allocation is fundamental to sustainability. With changing legislative priorities, there is always a risk that PACT funding could be cut at some point. However, in the current climate where mental health reform is a priority it is unlikely to occur in the near future. b. If state funding is cut at some point, then the positions would need to be transferred to vacant positions where feasible or discontinued via a reduction in force. c. The state allocation does not cover the full expense of PACT and, in the absence of other funding sources, sustainability will require that PACT serve 10/6/2014 PACT POLICY REPORT 10 a minimum number of insured clients to generate the required revenue which also means limiting accessibility to the uninsured. Initial estimations indicate that the team will need to maintain a minimum of fifty percent (50%) or forty (40) Medicaid clients. This should be an achievable goal; however, it means that non-priority, uninsured referrals will be placed on a waiting list. d. In addition to reserving a minimum number of PACT slots for insured clients, it is estimated that we will need to request $375,485 in city funds to support the annual cost of a PACT program. e. The recruitment and retention of medical staff will be problematic and will likely cause a delay in operational start-up. Recently, we have had difficulty attracting and recruiting medical staff. There is much competition for psychiatrists and RN's, to include the Veteran's Administration. Recruitment strategies will need to be implemented in order to become more attractive to medical personnel. It is noteworthy that recent applicants have commented that the salary and benefits package is not competitive. Also, the current title of "Clinician" for Registered Nurses is not meaningful and, therefore, does not attract qualified nurses. Given the significant hiring problems, a professional search firm will need to be hired in order to effectively recruit psychiatric and nursing staff. It cannot be emphasized enough that our ability to recruit and retain medical staff will directly impact our ability to sustain PACT operations. 8. DBHDS has prioritized VBDHS for the FY -15 PACT allotment due to city population and corresponding hospitalization rates. Conversation with the DBHDS Office of Mental Health Services indicated that if we decline in FY -15, our opportunity to add a PACT team in FY -16 cannot be guaranteed as factors that determine funding allocation may change. 9. If a decision is made to move forward, then our reporting will begin at the point in time when we take the first clients. Monthly reports will be submitted by the PACT Administrative Assistant each month regarding staffing, census, outcomes, etc. DBHDS will report on progress via their Annual Report and also by submitting outcomes to VACSB via a Fiscal Report. 10. If VBDHS moves forward in FY -15, below is a potential timeline: 10/6/2014 PACT POLICY REPORT 11 September 18, 2014 Request CSB Board approval September 2014 Prepare documentation for submission to Local Human Rights Committee regarding new service. October 17, 2014 Present new service information to Local Human Rights Committee for approval. 10/6/2014 PACT POLICY REPORT 11 I .ci - ` �`' \fli 'Cv r k .. i- ..x 1.,.4 October 2014 Request City Council approval October/November 2014 Receive initial state funding allotment Use initial funds to assist with start-up expenses, such as space renovation/ equipment. October/November 2014 Begin active recruitment; submit information to licensure December 1 - December 31, 2014 Estimated dates for Licensing to visit site and .approve program January — March 2015 (Tentative based on hiring required medical staff.) Serve 10 clients for the firstAdd quarter as initial staffing permits staff, solidify best practices, build staff skills, develop schedules, curriculum and medication protocols. Staged increases in capacity may occur based on hiring, space acquisition, and operations outlay. ALTERNATIVES A. Decline addition of PACT: 1. Virginia Beach will continue to serve clients who have severe mental illness with available services. Some of the PACT eligible clients will be referred to the Mobile Mental Health (MMH) ICT provider. To date, twenty-one (21) referrals have been made to MMH and only three (3) accepted. MMH does not accept uninsured consumers; therefore, we would not have a resource for our uninsured clients who do not respond to traditional outpatient services. We serve this high risk population now, but without the intensive services of a PACT program to meet their needs. Taking on a PACT team can help to mitigate the risk by providing assertive treatment. a. The DBHDS Director of the Office of Mental Health Services informed us that state PACT funds will not be given to private providers this year and that they have not done so in the past. B. Approve addition of PACT: Virginia Beach will add a PACT team in order to provide intensive services to our clients with the most severe mental illness and substance use disorders. We will use the annual state general fund allotment of $850,000 to help fund this valuable service and also bill Medicaid for insured clients. The draft FY -15 Performance Contract Exhibit D sent to us by DBHDS indicated that we will have until the end of the first quarter of the third year of funding to achieve a caseload size of eighty (80) clients. 10/6/2014 PACT POLICY REPORT 12 I II The services will be geared towards: • reducing risk to individuals with serious mental illness • increasing community safety • improving quality of life for the clients we serve • reducing hospitalizations, incarcerations and homelessness RECOMMENDATIONS The addition of a PACT team will provide an intensive level of community treatment for the Virginia Beach continuum of care. The fiscal challenges have been noted; however, those challenges can be effectively managed with utilization management and ongoing state financial support. With the downsizing of state hospitals and lack of long- term care options, individuals with serious mental illness and substance use disorders are being serviced in our community; therefore, it is recommended that the city accept the state's financial assistance and support the addition of a PACT program in order to meet the needs of this growing population. Upon City Council's approval, accept PACT annual assistance state funds in the amount of $850,000 and make preparations to accept the first clients in January 2015. Use a portion of the annual allotment in FY 2015 to cover start-up expenses for twelve (12) new City of Virginia Beach FTEs (includes Team Leader, Psychiatrist, RN Coordinator, RN, Administrative Assistant, Peer Specialist, Program Coordinator and Clinicians), office space, and equipment. As shown on Page ten (10) of this Policy Report, additional local funds needed in FY -2016 are estimated to be $375,000. 10/6/2014 PACT POLICY REPORT 13 Prepared By: annette R. Smith, Director, Human Services Reviewed By: Cathery Whifesell Director, Management Services City Attorney Approved By: %OcrAt4 Date ' Date anager Date t5)(2.1, 0 /5) Spore, City Man r Dafe 10/2/2014 PACT POLICY REPORT 14 5 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Grant Funds and to Transfer Funds for the Fire Department Marine Team MEETING DATE: October 21, 2014 • Background: The City has been awarded a grant by the U. S. Department of Homeland Security (DHS) from the 2014 Port Security Grant Program. Virginia Beach is geographically located at the gateway of the Port of Hampton Roads. The Virginia Beach Fire Department's Marine Team provides initial response to fire, hazardous materials, search and rescue incidents. The purpose of the grant is to provide funding for a Towfish Sonar device for members of the Virginia Beach Fire Department's Marine Division. • Considerations: Of the total approved cost of $35,000, the Federal share is 75% ($26,250), and the City's share is 25 percent ($8,750). The Fire Department will provide the local match from 2013 Aid to Localities funding. The end of the 2014 Port Security Grant Program period is August 31, 2016. • 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 DepartmentC�� City Manager: k. 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS AND TO TRANSFER FUNDS FOR THE FIRE 3 DEPARTMENT MARINE TEAM 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA, THAT: 7 8 1. $26,250 in grant funding from the U.S. Department of Homeland Security 2014 9 Port Security Grant is hereby accepted and appropriated, with federal revenue 10 increased accordingly, to the FY 2014-15 Operating Budget of the Fire Department to 11 provide funding for a Towfish Sonar device for the Fire Department Marine Team; and 12 13 2. $8,750 is hereby transferred from the 2013 Aid to Localities Grant in the Grants 14 Consolidated Fund to the FY 2014-15 Operating Budget of the Fire Department for the 15 required local match. 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 CA13140 R-1 October 8, 2014 APPROVED AS TO LEGAL SUFFICIENCY: ---rc------ City Attorney's Office 1 II CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Accept and Appropriate Grant Funds for the Purchase of Tactical Dry Suits for Marine Patrol Officers MEETING DATE: October 21, 2014 • Background: The U.S. Department of Homeland Security (DHS), Federal Emergency Management Agency, has awarded $23,000 in federal grant funds to the Police Department. The purpose of the grant is to strengthen the Nation's critical infrastructure against risks associated with potential terrorist attacks. To be eligible for this funding, an agency must be a member of an Area Maritime Security Committee and provide port security services. The VBPD is the primary responder in the region and is the only local agency to patrol the waters of both the Atlantic Ocean and the Chesapeake Bay in the Hampton Roads region. This grant will fund the purchase of nine tactical dry suits for the officers in the Marine Patrol unit and its Sergeant. Dry suits allow this unit to provide a year round waterborne platform for law enforcement activities. These will replace worn dry suits that are at the end of their useful life. • Considerations: The grant provides $23,000 of DHS funding. There is no local match requirement for this grant. • Public Information: Public information will be provided through the normal Council Agenda process. • Recommendations: Adopt the attached ordinance. • Attachment: Ordinance Recommended Action: Approval Submitting Department/Agency: Police Department City Manager: 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS FOR THE PURCHASE OF TACTICAL DRY SUITS 3 FOR MARINE PATROL OFFICERS 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 That $23,000 in grant funds from the Department of Homeland Security, Federal 9 Emergency Management Agency, is hereby accepted and appropriated, with federal 10 revenues increased accordingly, to the Police Department to purchase nine tactical 11 wetsuits that are at or near the end of the their useful life. 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: Budget and anagement Services City Attorney's Office CA13132 R-1 October 6, 2014 K. PLANNING 1. Application of JACKIE S. BLOXOM for a Variance to Sections 4.4(b) and 4.4(d) of the Subdivision Regulations re access to a public street at 2948 Shirley Lane DISTRICT 7 — PRINCESS ANNE RECOMMENDATION APPROVAL 2. Applications for an Enlargement of Non -Conforming Uses: a. S & W SIMPSON, LLC - 1608 Princess Anne Road DISTRICT 7 — PRINCESS ANNE b. C and C DEVELOPMENT- 400 58th Street DISTRICT 5 — LYNNHAVEN RECOMMENDATION APPROVAL 3. Application of DEBBIE BRIGHT for a Conditional Use Permit re commercial kennel at 5513 Buzzard Neck Road DISTRICT 7 — PRINCESS ANNE RECOMMENDATION APPROVAL 4. An Ordinance to AMEND Section 216 of the City Zoning Ordinance (CZO) conforming City Code references to the Virginia State Code RECOMMENDATION APPROVAL 5. Applications of the CITY OF VIRGINIA BEACH: a. Conditional Change of Zoning from R-10 and unspecified to Conditional AG -1 Agricultural re Lynnhaven Aquaculture Center (oyster seeding) at Broad Bay Road DISTRICT 5 — LYNNHAVEN RECOMMENDATION APPROVAL b. Conditional Use Permit re a drive-through Drugstore at Princess Anne and South Witchduck Roads (deferred from March 25, 2014 and April 22, 2014) DISTRICT 2 - KEMPSVILLE 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 21, 2014 at 6:00 P.M., at which time the following applications will be heard: PRINCESS ANNE — DISTRICT 7 S & W Simpson Application: Enlargement of a Non -Conforming Use at 1608 Princess Anne Road (GPIN 2402953694). Jackie S. Bloxom Application: Variance to Section 4.4(dl of the Subdivision Regulations, which requires that all lots have access to a public street at 2948 Shirley Lane (GPIN 1398051214). Debbie Bright/Bonney Bright Application: Conditional Use Permit (commercial kennel) at 5513 Buzzard Neck Road (GPIN 2308482400). LYNNHAVEN — DISTRICT 5 C & C Development/Paul G. Scanlan Application: Enlargement of a Non - Conforming Use at 400 58' Street (GPIN 2419609675). City Of Virginia Beach Application: Conditional Change of Zoning from R-10 and unspecified to Conditional AG -1 Agricultural at Broad Bay Road, approximately 500 feet east of its intersection with W. Great Neck Road (GPINs 1499472853; 1499471755; and 1499472626) for the Lynnhaven Aquaculture Center (oyster seeding). Comprehensive Plan — Suburban Area. CITY OF VIRGINIA BEACH Ordinance to amend Section 216 of the City Zoning Ordinance Conforming Code References to the Virginia Code. KEMPSVILLE — DISTRICT 2 City Of Virginia Beach Application: Conditional Use Permit (drive-through associated with a drugstore) at the NW Corner of Princess Anne and S. Witchduck Roads (Parcel D). (GPIN 1466783845). (Deferred by City Council on 3/25/14). 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 hyo:.jwwvv.v: :,-::rm/,pc 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 October 5 & 12, 2014 24356626 ITEM: JACKIE S. BLOXOM (Applicant & Owner), Variance to Section 4.4(b) and 4.4(d) of the Subdivision Regulations, 2948 Shirley Lane (GPIN 1398051214). COUNCIL DISTRICT — PRINCESS ANNE. MEETING DATE: October 21, 2014 • Background: As part of an estate settlement, the applicant proposes to subdivide an existing 85 -acre parcel, zoned AG -1 and AG -2 Agricultural Districts, into four lots. Due to the configuration of the existing parcel, the desire to provide similar size lots to the heirs, as well as the location of the established family homesite, two of the proposed lots do not meet the minimum lot width requirement for the Agricultural Districts nor do they have direct access to a public right-of-way. Accordingly, the applicant is requesting approval of variances to the Subdivision Regulations: Section 4.4(b), which requires that all lots meet the requirements of the Zoning Ordinance [lots do not meet lot width] and Section 4.4(d), which requires that all lots have direct access to a public right-of-way [lots access Blackwater Road via a private lane]. • Considerations: The existing parcel will be divided into four parcels: A, B, C (the 'Homesite'), and D [see subdivision plat on page six of the attached report]. The 'Homesite / Site C' and 'Site D' are the lots for which the variances are requested. The Homesite will contain the existing dwelling and out -buildings, some built as early as 1910. According the property owners, Sites A, B and D will continue to be utilized for agricultural purposes for the long term; however, in the future, these parcels have the potential to become buildable lots subject to Health Department approval. The submitted subdivision plan depicts an extension of the existing private driveway, known as Shirley Lane, to provide vehicular access for 'Homesite / Site C' and 'Site D.' A condition of approval is recommended requiring this access to be legally established as Shirley Lane since it appears to be nothing more than the driveway leading to the existing home. It is likely that the drive was named many years ago to provide identification for emergency service purposes. There was no opposition to the request. JACKIE S. BLOXOM Page 2 of 2 • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0-1, to recommend approval of this request to the City Council with the following conditions: 1. The subject site shall be subdivided substantially in accordance with the submitted exhibit entitled "Subdivision of Property, Clara Belle Shirley Estate, Virginia Beach, Virginia," dated 10 February 2014 and prepared by Bonifant Land Surveys. Said exhibit has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 2. Sites A, B, and D shall not be considered building sites unless approval for the installation of an on-site sewerage disposal system and a private well has been granted by the Virginia Beach Department of Public Health. 3. A private ingress -egress access easement shall be recorded and placed over the private lane (Shirley Lane) and extended as depicted on the exhibit referenced in Condition 1 above. Said easement shall be for the benefit of the Tots identified as 'Homesite / Site C' and 'Site D.' 4. Unless otherwise authorized by the Fire Department, the width of the ingress/egress to 'Homesite / Site C' and 'Site D' shall a minimum width of 20 feet and shall be constructed to support a Fire Department and emergency response apparatus. In lieu of supporting a said apparatus, any proposed dwelling may install a sprinkler system meeting Fire Department requirements. A vertical clearance of 13 feet - 6 inches must be maintained above the access -way. • 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: VA12. PRINCESS ANNE G-22; 11-21.22 A,bp IM to Scab Jackie S. Bloxom • z..i.a with cwwaowPworn... own sa.• nemwm Subdivision Variance 6 September 10, 2014 Public Hearing APPLICANT: JACKIE S. BLOXOM PROPERTY OWNERS: JACKIE S. BLOXOM, CURTIS MANN, ADABELLE RIDDICK STAFF PLANNER: Carolyn A.K. Smith REQUEST: Subdivision Variance to Sections 4.4(b) and (d) of the Subdivision Regulations, which require that lots meet all the requirements of the Zoning Ordinance and that lots have direct access to a public street. ADDRESS / DESCRIPTION: Property located on the west side of Blackwater Road, at 2948 Shirley Lane GPIN: ELECTION DISTRICT: SITE SIZE: 13980512140000 PRINCESS ANNE 85.64 acres AICUZ: Less than 65 dB DNL BACKGROUND / DETAILS OF PROPOSAL Existing Lot: The existing 85 acres is zoned AG -1 and AG -2 Agricultural Districts. While there is an existing single-family dwelling and numerous outbuildings on the property, the majority of the property is under cultivation. Proposed Lots: It is the intent of the applicant to subdivide the subject site into four parcels to settle an estate. The 'Homesite / Site C' will contain the existing dwelling and outbuildings. According the property owners, 'Site A,' 'Site B,' and the 'Homesite / Site C' will continue to be utilized for agricultural purposes. The 'Homesite / Site C' and 'Site D' will not meet the required lot frontage of 150 feet and will not have direct access to a public street. Accordingly, a variance to the requirements of the Subdivision Regulations pertaining to lot width and lot frontage is required. The submitted exhibit depicts an extension of the existing driveway as vehicular access serving the 'Homesite / Site C' and 'Site D.' JACKIE S. BLOXOM Agenda Item 6 Page 1 Item Required Homesite/Site C Site D Lot Width in feet 150 0* 0* Lot Area in square feet 43,560 182,864 1,196,513 *Variance required LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Single-family dwelling, numerous outbuildings, agricultural fields under cultivation SURROUNDING LAND North: • Single-family dwelling, cultivated fields / AG -1 & AG -2 USE AND ZONING: Agricultural Districts South: • Cultivated fields / AG -1 & AG -2 Agricultural Districts East: • Blackwater Road • Cultivated fields / AG -1 & AG -2 Agricultural Districts West: • Cultivated fields / AG -1 & AG -2 Agricultural Districts NATURAL RESOURCE AND The property is located in the Southern Watersheds Management CULTURAL FEATURES: Area. COMPREHENSIVE PLAN: The Comprehensive Plan designates the subject property as being located within the Rural Area. The Rural Area lies south of Indian River Road from North Landing Road to Muddy Creek and Back Bay and extends to the North Carolina Border. The physical character of this area is low, flat land with wide floodplains and altered drainage. Within this area is a significant presence of working farms, farm related businesses, and limited non-residential areas along with scattered housing sites. The Comprehensive Plan's Rural Preservation Plan policies recognize this rural character, seeking to preserve and promote continued agricultural production and its open space and scenic beauty while providing reasonable rural development opportunities that will help stabilize and reinforce the rural way of life in southern Virginia Beach. 4 Section 9.3 of the Subdivision Ordinance states: No variance shall be authorized by the Council unless it finds that: A. Strict application of the ordinance would produce undue hardship. B. The authorization of the variance will not be of substantial detriment to adjacent property, and the character of the neighborhood will not be adversely affected. C. The problem involved is not of so general or recurring a nature as to make reasonably practicable the formulation of general regulations to be adopted as an amendment to the ordinance. D. The hardship is created by the physical character of the property, including dimensions and topography, or by other extraordinary situation or condition of such property, or by JACKIE S. BLOXOM Agenda Item 6 Page 2 the use or development of property immediately adjacent thereto. Personal or self- inflicted hardship shall not be considered as grounds for the issuance of a variance. E. The hardship is created by the requirements of the zoning district in which the property is located at the time the variance is authorized whenever such variance pertains to provisions of the Zoning Ordinance incorporated by reference in this ordinance. 4 EVALUATION AND RECOMMENDATION The subject site is zoned AG -1 and AG -2 Agricultural Districts. This site contains an existing single-family dwelling and numerous out buildings. It is the intent of the applicant to subdivide the subject site into four parcels to settle an estate: A, B, D, and the C ('Homesite'). The 'Homesite / Site C' and 'Site D' will not meet the required 150 feet lot width and will not have direct access to a public street so a Subdivision Variance is required for both parcels. The Homesite will contain the existing dwelling and out buildings, some built as early at the 1910. According the property owners, Sites A, B and D will continue to be utilized for agricultural purposes for the long term; however, in the future, these parcels have the potential to become buildable lots subject to Health Department approval. According to the Soil Survey, the land has acceptable soils to support the addition of three dwellings, again, subject to Health Department approval. The submitted exhibit depicts an extension of the existing private driveway, known as Shirley Lane, as vehicular access serving both the 'Homesite / Site C' and 'Site D.' A condition is recommended that requires this access to be legally established as Shirley Lane, since it appears to be nothing more than the driveway leading to the existing home. It is likely that the drive was named many years ago to provide identification for emergency service purposes. Staff recommends approval of this request with the conditions below. 4 • CONDITIONS 1. The subject site shall be subdivided substantially in accordance with the submitted exhibit entitled "Subdivision of Property, Clara Belle Shirley Estate, Virginia Beach, Virginia," dated 10 February 2014 and prepared by Bonifant Land Surveys. Said exhibit has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 2. Sites A, B, and D shall not be considered building sites unless approval for the installation of an on-site sewerage disposal system and a private well has been granted by the Virginia Beach Department of Public Health. 3. A private ingress/egress access easement shall be recorded and placed over the private lane (Shirley Lane) and extended as depicted on the exhibit referenced in Condition 1 above. Said easement shall be for the benefit of the Tots identified as 'Homesite / Site C' and 'Site D.' JACKIE S. BLOXOM Agenda Item 6 Page 3 4. Unless otherwise authorized by the Fire Department, the width of the ingress/egress to 'Homesite / Site C' and 'Site D' shall a minimum width of 20 feet and shall be constructed to support a Fire Department and emergency response apparatus. In lieu of supporting a said apparatus, any proposed dwelling may install a sprinkler system meeting Fire Department requirements. A vertical clearance of 13 feet - 6 inches must be maintained above the accessway. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards. 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. JACKIE S. BLOXOM Agenda Item 6 Page 4 AERIAL OF SITE LOCATION JACKIE S. BLOXOM Agenda Item 6 Page 5 PROPOSED SUBDIVISION JACKIE S. BLOXOM Agenda Item 6 Page 6 PRINCESS ANNE G-22; H-21,22 Map Not to Scale F.f ARP FP ARP ARP AC AG2 Jackie S. Bloxom ARP A . -- ARP ARP ARP A ARP a=:c ARP r AG1, AG1 AG2 0 00 AG1 p • 'Zoning with Conditions/Proffers, Open Space Promotion Subdivision Variance ZONING HISTORY # DATE REQUEST ACTION 1 11/09/2010 Conditional Use Permit (Horse boarding) Approved 2 12/14/1993 Conditional Use Permit (Home occupation - taxidermy) Approved JACKIE S. BLOXOM Agenda Item 6 Page 7 DISCLOSURE STATEMENT JACKIE S. BLOXOM Agenda Item 6 Page 8 ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) 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 the site for purposes of processing and evaluating this application. Applin =nt'sgnature Prin ame Property Owner's Signature (if different than applicant) Print Name DISCLOSURE STATEMENT JACKIE S. BLOXOM Agenda Item 6 Page 9 Item #6 Jackie S. Bloxom Variance to Section 4.4(d) of the Subdivision Regulations 2948 Shirley Lane District 7 Princess Anne September 10, 2014 CONSENT An application of Jackie S. Bloxom for a Subdivision Variance to Sections 4.4(b) and (d) of the Subdivision Regulations, which require that Tots meet all the requirements of the Zoning Ordinance and that lots have direct access to a public street on property located on the west side of Blackwater Road, at 2948 Shirley Lane, District 7, Princess Anne. GPIN: 13980512140000. CONDITIONS 1. The subject site shall be subdivided substantially in accordance with the submitted exhibit entitled "Subdivision of Property, Clara Belle Shirley Estate, Virginia Beach, Virginia," dated 10 February 2014 and prepared by Bonifant Land Surveys. Said exhibit has been exhibited to the Virginia Beach City Council and is on file in the Virginia Beach Planning Department. 2. Sites A, B, and D shall not be considered building sites unless approval for the installation of an on-site sewerage disposal system and a private well has been granted by the Virginia Beach Department of Public Health. 3. A private ingress/egress access easement shall be recorded and placed over the private lane (Shirley Lane) and extended as depicted on the exhibit referenced in Condition 1 above. Said easement shall be for the benefit of the lots identified as 'Homesite / Site C' and 'Site D. 4. Unless otherwise authorized by the Fire Department, the width of the ingress/egress to 'Homesite / Site C' and 'Site D' shall a minimum width of 20 feet and shall be constructed to support a Fire Department and emergency response apparatus. In lieu of supporting a said apparatus, any proposed dwelling may install a sprinkler system meeting Fire Department requirements. A vertical clearance of 13 feet - 6 inches must be maintained above the accessway. A motion was made and seconded to approve item 6. AYE 10 NAY 0 ABS 1 ABSENT 0 Item #6 Jackie S. Bloxom Page 2 BROCKWELL AYE HODGSON AYE HORSLEY INMAN AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE RUSSO AYE THORNTON AYE WEINER AYE ABS By a vote of 10-0, with the abstention so noted, the Commission approved item 6 for consent. Phil Bonifant appeared before the Commission on behalf of the applicant. 444 4 a a a a a 0. 444444 a a a a a a. a 4 4 4 4 4 4 4 a a a a a 44444 a a a a a 44444 a a a a a a 14 4 4' 4 4 4 n a a 0. I. 4 4 X 0. 4 4 1. 0. a' X X < 44 4 4 -z 444444 a a a a a a a a 4 4 4 4 4 4 4 4 x:44444444 4 4 4CCCC CC 4 4 4 4 O. 0. 0. N 41) cj E c r W =O 1 O w o E L O 0 U 0 0 0 e a Q (n m` C a) O E e z N y O 0 v � ,9 �Q oa CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Authorizing the Enlargement of a Nonconforming Use on Property Located at 1608 Princess Anne Road (GPIN 2402953694) and Owned by S & W Simpson, LLC. COUNCIL DISTRICT — PRINCESS ANNE MEETING DATE: October 21, 2014 ■ Background: The property is zoned AG -2 Agricultural District; however, the property has been continuously used for commercial purposes, primarily as an automobile service station and a restaurant, since at least the middle of the 20th century. The property is currently being used for a retail store, consistent with a 2005 approval by the City Council of a Change to a Nonconforming Use. The applicant is requesting approval for an enlargement of the nonconforming use for the purpose of constructing a 1,300 square foot addition to the northern side of the building. Section 105 of the City Zoning Ordinance regulates nonconforming uses and structures. Section 105(b) states that it is the intent of the Zoning Ordinance to allow nonconformities to continue until they are removed, but not to allow them to become enlarged, expanded, extended, or relocated "except upon a resolution of the City Council authorizing such conversion, based upon its finding that the proposed use is equally appropriate or more appropriate to the district than is the existing nonconforming use." • Considerations: The proposed addition will be used for additional storage space. The length of the addition will be 50 feet running north to south, with the rear wall flush with the rear wall of the existing building. The depth of the addition will be 26 feet. The construction of the addition where proposed is currently the location of a trash dumpster and an 18'x12' area enclosed with a fence. The proposed plan shows the dumpster being moved to a new location north of the proposed addition. The new location of the dumpster is currently occupied by two parking spaces; however, even with the additional floor area from the new construction, the number of remaining parking spaces still meets the requirements of the Zoning Ordinance. S & W SIMPSON Page 2of3 The exterior of the addition will be of the same materials and colors as the existing building. The front (west) side of the addition will include an overhead garage door and standard entrance door. The front slope of the roof, supported by brackets, will extend past the front wall of the addition approximately five feet, providing limited cover from the weather. • Recommendations: Staff concludes that the proposed enlargement of the existing nonconforming use is reasonable and will be as appropriate to the zoning district as is the existing nonconforming use. The request, therefore, is acceptable as submitted, subject to the conditions below. 1. With the exception of any modifications required by any of these conditions or as a result of development site plan review, the site shall be developed substantially in conformance with the submitted plan entitled "Zoning Exhibit, Building Addition, NAPA Auto Parts, 1608 Princess Anne Road," dated 05/19/14. 2. The building addition shall be substantially in conformance with the submitted rendering, entitled "NAPA Auto Parts Store, 1608 Princess Anne Road," prepared by Covington Hendrix Anderson Architects. The exterior materials and colors shall match the existing building, as depicted on the said rendering. 3. The parking lot shall be re -striped to provide 30 parking spaces, as shown on the plan referenced by Condition 1. 4. All conditions attached to the resolution of the City Council, approved on January 11, 2005, shall remain in effect. ■ Attachments: Staff Review and Disclosure Statement Resolution Location Map Recommended Action: Approval. Submitting Department/Agency: Planning Departme City Manager: PRINCESS ANNE S & W Sim I son L.L.C. • Zoning PO[mWI.nNAAR*, Open Space P,o oOon ARP• Ai.Wenl R...n. Pmp.m Overby REQUEST: Enlargement of a Nonconforming Use Non -Conforming Use - Enlargement of a Non -conforming Use ADDRESS / DESCRIPTION: 1608 Princess Anne Road GPIN: October 21, 2014 City Council Hearing APPLICANT & PROPERTY OWNER: S & W SIMPSON, LLC STAFF PLANNER: Stephen J. White ELECTION DISTRICT: SITE SIZE: 24029536940000 PRINCESS ANNE 1.37 acres AICUZ: Less than 65 dB DNL BACKGROUND / DETAILS OF PROPOSAL Background The property is zoned AG -2 Agricultural District; however, the property has been continuously used for commercial purposes, primarily as an automobile service station and a restaurant, since at least the middle of the 20th century. The property is currently being used for a retail store. Commercial uses of the types mentioned above are not allowed as principal uses in the Agricultural Districts. Thus, the current use of the property is considered nonconforming, as defined in Section 105 of the City Zoning Ordinance. Section 105(d) provides for nonconforming uses as follows: No nonconforming use shall be increased in magnitude. No nonconforming use shall be enlarged or extended to cover a greater land area than was occupied by the nonconformity on the effective date of this ordinance or amendment thereto. No nonconforming use shall be moved in whole or in part to any other portion of the lot, parcel, or structure not occupied by the nonconformity on the effective date of this ordinance or amendment thereto, and no nonconforming structure shall be moved at all except to come into compliance with the terms of this ordinance. No S & W SIMPSON OCTOBER 21, 2014 CITY COUNCIL HEARING Page 1 nonconforming structure shall be enlarged, extended, reconstructed, or structurally altered, if the effect is to increase the nonconformity. As an exception to the above, any condition of development prohibited by this section may be permitted by resolution of the City Council based upon its finding that the proposed condition is equally appropriate or more appropriate to the district than is the existing nonconformity. City Council may attach such conditions and safeguards to its approval as it deems necessary to fulfill the purposes of this ordinance. As provided for by the italicized part of the ordinance section quoted above, the applicant is requesting an expansion of the retail use currently located on the property. The existing use of the property was allowed by resolution of the City Council on January 11, 2005. That approval allowed development of the site with a 9,000 square foot (SF) building consisting of 2,000 SF of retail space (motor vehicle parts store) and 7,000 SF of warehouse storage space. As provided for by Section 105(d), the City Council attached conditions to the approval, requiring substantial compliance with the submitted site and building plans, installation of Category IV screening along the property lines, and adherence to specific hours of operation. Details The applicant's request consists of a 1,300 square foot addition to the northern side of the existing building. The addition will be used for additional storage space. The length of the addition will be 50 feet running north to south, with the rear wall flush with the rear wall of the existing building. The depth of the addition will be 26 feet. The construction of the addition where proposed is currently the location of a trash dumpster and an 18'x12' area enclosed with a fence. The proposed plan shows the dumpster being moved to a new location north of the proposed addition. The new location of the dumpster is currently occupied by two parking spaces; however, even with the additional floor area from the new construction, the number of remaining parking spaces still meets the requirements of the Zoning Ordinance. The exterior of the addition will be of the same materials and colors as the existing building. The front (west) side of the addition will include an overhead garage door and standard entrance door. The front slope of the roof, supported by brackets, will extend past the front wall of the addition approximately five feet, providing limited cover from the weather. IMPACT ON CITY SERVICES There will be no impact on City services as a result of the proposed addition. EVALUATION AND RECOMMENDATION Staff recommends approval of this request. The small size (1,300 SF) and proposed location of the addition is such that the change between the pre -development and post -development condition with regard to the appearance and perceived intensity of the site will be negligible. S & W SIMPSON OCTOBER 21, 2014 CITY COUNCIL HEARING Page 2 In sum, Staff finds that the proposed enlargement is reasonable, will have a minimal impact, and will be as appropriate to the area as is the existing nonconforming use. The request, therefore, is acceptable with the following conditions. CONDITIONS 1. With the exception of any modifications required by any of these conditions or as a result of development site plan review, the site shall be developed substantially in conformance with the submitted plan entitled "Zoning Exhibit, Building Addition, NAPA Auto Parts, 1608 Princess Anne Road," dated 05/19/14. 2. The building addition shall be substantially in conformance with the submitted rendering, entitled "NAPA Auto Parts Store, 1608 Princess Anne Road," prepared by Covington Hendrix Anderson Architects. The exterior materials and colors shall match the existing building, as depicted on the said rendering. 3. The parking lot shall be re -striped to provide 30 parking spaces, as shown on the plan referenced by Condition 1. 4. All conditions attached to the resolution of the City Council, approved on January 11, 2005, shall remain in effect. 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 application are valid or any structures may be occupied. 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. S & W. SIMPSON OCTOBER 21, 2014 CITY COUNCIL' HEARING Page 3 AERIAL OF SITE SHOWING LOCATION OF PROPOSED ADDITION fi.1P, R� S & W SIMPSON OCTOBER 21, 2014 CITY COUNCIL HEARING Page 4 PHOTOGRAPH OF NORTH SIDE OF SITE SHOWING LOCATION OF ADDITION S & W SIMPSON OCTOBER 21, 2014 CITY COUNCIL HEARING Page 5 R OUR NW° PROPOSED SITE PLAN S & W SIMPSON OCTOBER 21, 2014 CITY COUNCIL HEARING Page 6 RENDERING OF BUILDING SHOWING PROPOSED ADDITION S & W SIMPSON OCTOBER 21, 2014 CITY COUNCIL HEARING Page 7 111 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) S & W Simpson, L.L.C.: Steven W. Simpson, Member; Wanda J. Simpson, Member 2. List all businesses that have a parent -subsidiary' or affiliated business entity2 relationship with the applicant: (Attach list if necessary) ❑ Check here if the applicant is NOT a corporation, partnership, firm, business, or other unincorporated organization. PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant. If the property owner is a corporation, partnership, firm, business, or other unincorporated organization, complete the 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 loyee of the City of Virginia Beach have an interest in the subject land? Yes No If yes, what is the name of the official or employee and the nature of their interest? DISCLOSURE STATEMENT S & W SIMPSON OCTOBER 21, 2014 CITY COUNCIL HEARING Page 8 ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services, real estate services, financial services, accounting services, and legal services: (Attach list if necessary) Sykes, Bourdon, Ahern & Levy, P.C. JMT Engineering Covington, Hendrix, Anderson Architects ' "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 § 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. Steven W. Simpson, Member Applicant's Signature Print Name Property Owner's Signature (if different than applicant) Print Name 4 1 1 DISCLOSURE STATEMENT S & W-SIMPSON OCTOBER 21, 2014 CITY COUNCIL HEARING Page 9 1 A RESOLUTION AUTHORIZING THE ENLARGEMENT OF 2 A NONCONFORMING USE ON PROPERTY LOCATED AT 3 1608 PRINCESS ANNE ROAD 4 5 WHEREAS, S & W Simpson, LLC, (hereinafter the "Applicant") has made 6 application to the City Council for authorization to enlarge a nonconforming use located 7 at 1608 Princess Anne Road in the AG-2 Agricultural District by enlarging the 8 nonconforming commercial use with the construction of a 1,300 square foot (50' x 26') 9 addition to the north side of the existing structure located on the lot; and 10 11 WHEREAS, the lot is used for a retail commercial store which is not currently 12 allowed in the AG-2 Agricultural District; and 13 14 WHEREAS, the use was begun prior to the adoption of the applicable zoning 15 regulations and is therefore nonconforming; and 16 17 WHEREAS, on January 11, 2005, the City Council approved by resolution the 18 enlargement of the existing nonconforming commercial use of the lot; and 19 20 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the 21 enlargement of a nonconforming use is unlawful in the absence of a resolution of the 22 City Council authorizing such action upon a finding that the proposed use, as enlarged, 23 will be equally appropriate or more appropriate to the zoning district than is the existing 24 use; 25 26 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 27 VIRGINIA BEACH, VIRGINIA: 28 29 That the City Council hereby finds that the proposed use, as enlarged, will be 30 equally appropriate to the district as is the existing nonconforming use under the 31 conditions of approval set forth hereinbelow. 32 33 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 34 BEACH, VIRGINIA: 35 36 That the enlargement of the nonconforming use is hereby authorized, upon the 37 following conditions: 38 39 1. With the exception of any modifications required by any of these 40 conditions or as a result of development site plan review, the site shall be 41 developed substantially in conformance with the submitted plan entitled 42 "Zoning Exhibit, Building Addition, NAPA Auto Parts, 1608 Princess Anne 43 Road," dated 05/19/14. 44 45 2. The building addition shall be substantially in conformance with the 46 submitted rendering, entitled "NAPA Auto Parts Store, 1608 Princess 47 Anne Road," prepared by Covington Hendrix Anderson Architects. The 48 exterior materials and colors shall match the existing building, as depicted 49 on the said rendering. 50 51 3. The parking lot shall be re -striped to provide 30 parking spaces, as shown 52 on the plan referenced by Condition 1. 53 54 4. All conditions attached to the resolution of the City Council, approved on 55 January 11, 2005, shall remain in effect. 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: t,11.&111\ l Planni • •artment City A orney's ice CA13143 R-2 October 10, 2014 2 `on on orming Use - Enlar. ement of a Non-Conformin • H V 2 c c o .p eE o2 �a f. 6) 3 , 0)N c E c o d ,tea ,o CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: A Resolution Authorizing the Enlargement of a Nonconforming Use on Property Located at 400 58th Street (GPIN 2419609675) and Owned by Paul G. Scanlan. COUNCIL DISTRICT — LYNNHAVEN. MEETING DATE: October 21, 2014 • Background: The existing lot, zoned R -5R Residential Resort District, is occupied by two dwellings, constructed in 1957. While the two dwellings on this one lot was a legal use of the property at that time, the two dwellings are now nonconforming, as the Zoning Ordinance does not permit two single-family dwellings on one lot. The applicant requests approval for the demolition of the existing two dwellings and their replacement with two new single-family dwellings. Section 105 of the City Zoning Ordinance regulates nonconforming uses and structures. Section 105(b) states that it is the intent of the Zoning Ordinance to allow nonconformities to continue until they are removed, but not to allow them to become enlarged, expanded, extended, or relocated "except upon a resolution of the City Council authorizing such conversion, based upon its finding that the proposed use is equally appropriate or more appropriate to the district than is the existing nonconforming use." • Considerations: The applicant proposes to construct two new dwellings, one on each end of the lot. Each house will be two -stories in height and will be `cottage style' in design. Access to the dwellings will be from Dawson Road to side -loaded garages. The northern house will have a Targe wrap-around porch facing 58th Street and Dawson Road. The southern house will have a Targe porch facing south and a second porch facing Dawson Road. The enlargement of the nonconforming use of the lot through demolition of the existing dwellings and their replacement with two two-story single-family houses will result in a situation that is more compatible to the surrounding residential area than is the current situation. ■ Recommendations: Staff concludes that the proposed enlargement of the existing nonconforming use is reasonable and will be as appropriate to the zoning district as is the existing C and C DEVELOPMENT Page 2of3 nonconforming use. The request is acceptable as submitted, subject to the conditions below. 1. With the exception of any modifications required by any of these conditions or as a result of development site plan review, the site shall be developed substantially in conformance with the submitted plan entitled "Non -Conforming Use Exhibit, Lot 23, Crystal Acres, North Virginia Beach — IMPROVEMENT LAYOUT," dated August 15, 2014. 2. The two dwellings to be constructed on the lot shall be substantially in conformance with the submitted rendered elevation drawing with regard to style, exterior materials, and color palette. • Attachments: Staff Review and Disclosure Statement Resolution Location Map Recommended Action: Approval. Submitting Department/Agency: Planning Departmentlil City Manager: k. •'r t LYNNHAVEN Ma L-4 C & C Develo ment Co., I Non -Conforming Use - Enlargement of a Non -Conforming Use REQUEST: Enlargement of a Nonconforming Use ADDRESS / DESCRIPTION: 400 58`" Street October 21, 2014 City Council Meeting APPLICANT: C AND C DEVELOPMENT OWNER: PAUL G. SCAN LAN STAFF PLANNER: Stephen J. White GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 2419609675 LYNNHAVEN 8,829 square feet Less than 65 dB DNL BACKGROUND AND SUMMARY Background The existing lot, zoned R -5R Residential Resort District, is occupied by two dwellings, constructed in 1957. While the two dwellings on this one lot was a legal use of the property at that time, the two dwellings are now nonconforming, as the Zoning Ordinance does not permit two single-family dwellings on one lot. The applicant requests approval for the demolition of the existing two dwellings and their replacement with two new single-family dwellings. Since the current use of the property is considered nonconforming, the following provisions of Section 105(d) of the City Zoning Ordinance apply: No nonconforming use shall be increased in magnitude. No nonconforming use shall be enlarged or extended to cover a greater land area than was occupied by the nonconformity on the effective date of this ordinance or amendment thereto. No nonconforming use shall be moved in whole or in part to any other portion of the lot, parcel, or structure not occupied by the nonconformity on the effective date of this ordinance or amendment thereto, and no nonconforming structure shall be moved at all except to come into compliance with the terms of this ordinance. No nonconforming structure shall be enlarged, extended, reconstructed, or structurally altered, if the effect is to increase the nonconformity. As an exception to the above, any condition of development prohibited by this section may be permitted by resolution of the City Council based C and C DEVELOPMENT October 21, 2014 City Council Meeting Page 1 upon its finding that the proposed condition is equally appropriate or more appropriate to the district than is the existing nonconformity. City Council may attach such conditions and safeguards to its approval as it deems necessary to fulfill the purposes of this ordinance. Accordingly, as provided for by the italicized part of the ordinance section quoted above, the applicant is requesting an enlargement of the nonconforming use of the lot through the demolition of the existing dwellings and their replacement with two new dwellings. Details The applicant proposes to construct two new dwellings, one on each end of the lot. Each house will be two -stories in height and will be `cottage style' in design. Access to the dwellings will be from Dawson Road to side -loaded garages. The northern house will have a large wrap-around porch facing 58th Street and Dawson Road. The southern house will have a large porch facing south and a second porch facing Dawson Road. la -22 ISA �QR nl 11-pMt 0,20 =__''_CINE TJY •ILIO /62 IMPACT ON CITY SERVICES The use of the lot as proposed will have no significant impact on City services. City water and sewer are available to the site. C and C DEVELOPMENT October 21, 2014 City Council Meeting 1:2,' Page 2 2 • EVALUATION AND RECOMMENDATION Staff recommends approval of this request. The enlargement of the nonconforming use of the lot through demolition of the existing dwellings and their replacement with two two-story single-family houses will result in a situation that is more compatible to the surrounding residential area than is the current situation. In sum, the proposed enlargement is reasonable, will have a minimal impact, and should be as appropriate to the district as the existing non- conforming use. The request, therefore, is acceptable with the conditions below. 4 CONDITIONS 1. With the exception of any modifications required by any of these conditions or as a result of development site plan review, the site shall be developed substantially in conformance with the submitted plan entitled "Non -Conforming Use Exhibit, Lot 23, Crystal Acres, North Virginia Beach — IMPROVEMENT LAYOUT," dated August 15, 2014. 2. The two dwellings to be constructed on the lot shall be substantially in conformance with the submitted rendered elevation drawing with regard to style, exterior materials, and color palette. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. 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. C and C DEVELOPMENT October 21, 2014 City Council Meeting Page 3 AERIAL OF SITE LOCATION C and C DEVELOPMENT October 21, 2014 City Council Meeting 'u Page 4 3Atj 944-y, `5`A EXISTING SITE LAYOUT C and C DEVELOPMENT October 21, 2014 City Council Meeting Page 5 .PSS t..�.' Oe PROPOSED SITE LAYOUT C and C DEVELOPMENT' October 21, 2014 City Council Meeting tz, Page 6 't nor RENDERINGS OF PROPOSED BUILDINGS C and C DEVELOPMENT October 21, 2014 City Council Meeting Page 7 -475; J rEzilgutrx.4cm, DISCLOSURE STATEMENT 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 and C Development Company, Inc.: Christopher J. Ettel, President; Chancey W. Walker, III, Director 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) Paul G. Scanlan 2. List all businesses that have a parent -subsidiary) or affiliated business entity2 relationship with the applicant: (Attach list if necessary) 0. 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 the City of Virginia Beach have an interest in the subject land? Yes No RI If yes, what is the name of the official or employee and the nature of their interest? Non -Conforming Use Application Page 8 of 9 Revised 11/1/2013 DISCLOSURE STATEMENT C and C DEVELOPMENT October 21, 2014 City Council Meeting Page 8 DISCLOSURE STATEMENT 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) WPL Sykes, Bourdon, Ahem & Levy, P.C. Harry R. Purkey, Jr., Esquire 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 entitles; 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 § 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 ' w the site for purposes of processing and evaluating this application. Appli ..10.411AF' • wner's "? . nat ' e d different than applicant) Christopher J. Ettel, President Print Name Paul G. Scanlan Print Name Non -Conforming Use Application Page 9 of 9 Revised 11/1/2013 DISCLOSURE STATEMENT C and C DEVELOPMENT October 21, 2014 City Council Meeting Page 9 1 A RESOLUTION AUTHORIZING THE ENLARGEMENT OF 2 A NONCONFORMING USE ON PROPERTY LOCATED AT 3 400 58th STREET 4 5 WHEREAS, C and C Development Co., Inc., (hereinafter the "Applicant") has 6 made application to the City Council for authorization to enlarge a nonconforming use 7 located at 400 58th Street in the R -5R Residential Resort District by replacing two 8 nonconforming single-family dwellings on the same parcel; and 9 10 WHEREAS, this lot currently contains two single-family dwellings, which is not 11 currently allowed in the R -5R Residential Resort District; and 12 13 WHEREAS, the dwellings were built prior to the adoption of the applicable zoning 14 regulations and are therefore nonconforming; and 15 16 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the 17 enlargement of a nonconforming use is unlawful in the absence of a resolution of the 18 City Council authorizing such action upon a finding that the proposed use, as enlarged, 19 will be equally appropriate or more appropriate to the zoning district than is the existing 20 use; 21 22 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 25 That the City Council hereby finds that the proposed use of the lot, as enlarged, 26 will be equally appropriate to the district as is the existing nonconforming use under the 27 conditions of approval set forth herein below. 28 29 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 30 BEACH, VIRGINIA: 31 32 That the enlargement of the nonconforming use is hereby authorized, upon the 33 following conditions: 34 35 1. With the exception of any modifications required by any of these 36 conditions or as a result of development site plan review, the site shall be 37 developed substantially in conformance with the submitted plan entitled 38 "Non -Conforming Use Exhibit, Lot 23, Crystal Acres, North Virginia Beach 39 — IMPROVEMENT LAYOUT," dated August 15, 2014. 40 41 2. The two dwellings to be constructed on the lot shall be substantially in 42 conformance with the submitted rendered elevation drawing with regard to 43 style, exterior materials, and color palette. 44 45 46 Adopted by the Council of the City of Virginia Beach, Virginia, on the day 47 of , 2014. APPROVED AS TO CONTENT: CA13144 R-1 October 10, 2014 APPROVED AS TO LEGAL SUFFICIENCY: ai City A orney's Office Debbie Bri W z z 4 N n W''"n 0 ti0 ,;a. ix at c% CUP - Commercial Kennel O O E E ( CI) CO c Cl. 0 L k 2 O C 0 U w C 0 O N CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: DEBBIE BRIGHT (Applicant) / BONNEY BRIGHT (Owner), Conditional Use Permit (Commercial Kennel), 5513 Buzzard Neck Road (GPIN 2308482400). COUNCIL DISTRICT — PRINCESS ANNE. MEETING DATE: October 21, 2014 • Background: The applicant requests a Conditional Use Permit for a Commercial Kennel. The applicant breeds, trains, and shows Clumber Spaniels, and currently has four (4) dogs on the property. One of the dogs is pregnant, and the applicant desires to keep at least two of the puppies from the litter and sell the rest to the public. As a result of the sale of the dogs to the public, as well as the number of dogs to be kept on the property, the use is classified as a 'Commercial Kennel.' The Zoning Ordinance allows no more than four dogs over six months of age to be kept on any one property. Once that number is exceeded, a Use Permit for a kennel is required. In this instance, since the applicant is breeding the dogs and desires to sell puppies from the resultant litters, the kennel is classified as being `commercial.' Section 111 of the City Zoning Ordinance defines a Commercial Kennel as "any premises in which caring, breeding, housing, and keeping of dogs, cats, or other domestic animals is done for monetary purposes." • Considerations: The applicant's dogs are kept in a kennel structure located on a 55 -acre farm. The kennel is heated and air-conditioned, nearly soundproof, and well over one hundred feet from the property lines of the four adjacent lots. The kennel, therefore, exceeds the structural and yard requirements of Section 223 of the City Zoning Ordinance. The kennel structure is almost completely screened from the public right-of-way along Buzzard Neck Road by the house on the property, existing trees, and an existing rail fence. Staff finds that this existing screening, while not required in the AG -2 District, is appropriate and more than sufficient for the intended use. Further details pertaining to the applicant's operation, as well as Staff's evaluation of the request, are provided in the attached staff report. There was no opposition to the request. DEBBIE BRIGHT Page2of2 • 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. Unless otherwise limited by Animal Control, the maximum number of dogs over six (6) months of age shall be six (6). 2. All dogs shall be housed within the kennel structure. 3. The applicant shall ensure that the dogs are properly vaccinated and immunized and are licensed through the City of Virginia Beach. 4. The existing kennel structure, outdoor area, and fence shall be maintained in good condition. 5. All dogs, when outside the kennel structure or outdoor area, shall be supervised at all times. 6. All animal waste shall be collected and disposed of in a lawful manner on a daily basis. • 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: PRINCESS ANNE Debbie Bri ' ht • ZaMM ee , [aMMa.. PnRre. OPM Spur P, m.Ma ARP • ApruRurel Reserve pnr m Oway CUP - Commercial Kennel REQUEST: Conditional Use Permit (Commercial Kennel) ADDRESS / DESCRIPTION: 5513 Buzzard Neck Road 5 September 10, 2014 Public Hearing APPLICANT: DEBBIE BRIGHT PROPERTY OWNER: BONNEY BRIGHT GPIN: ELECTION DISTRICT: SITE SIZE: 23084824000000 PRINCESS ANNE 55 acres STAFF PLANNER: Graham Owen AICUZ: Less than 65 dB DNL BACKGROUND / DETAILS OF PROPOSAL • Background and Details The applicant requests a Conditional Use Permit to allow use of the site as a Commercial Kennel. The applicant breeds, trains, and shows Clumber Spaniels, and currently has four (4) dogs at the site. One of the dogs is expecting puppies, and the applicant would like to keep one or two of the puppies from the litter and sell the rest to the public. Since the applicant is dog breeder, she would also like the ability to sell dogs from the premises. Section 111 of the City Zoning Ordinance defines a Commercial Kennel as "Any premises in which caring, breeding, housing, and keeping of dogs, cats, or other domestic animals is done for monetary purposes."Although the size and character of the applicant's current and proposed operations are more akin to a residential kennel, the sale of dogs is only permitted with a Use Permit for a Commercial Kennel. The applicant has stated that she is limiting herself to six (6) dogs over six (6) months of age. The applicant operates a licensed dog breeding business, Paradise Clumber Spaniels, from the site. One female is bred at a time. All dogs are registered with the American Kennel Club, an organization that specifies pedigree standards. The site is a 55 -acre working farm with a single family residence. DEBBIE BRIGHT Agenda Item 5 Page 1 Dogs are housed in a small, climate -controlled outbuilding located within a few feet of the principal residence. This kennel structure was constructed in 1950 of concrete blocks, and contains a number of dog cages, a bathing station, a sink, and assorted other items and equipment for dog care. The exterior is painted and detailed to match the architecture of the farm house. Immediately behind the structure is an enclosed, grass -covered outdoor kennel area with a white ranch -style rail fence. Only the applicant's dogs are kept at the kennel, and animal waste is collected regularly and disposed of off-site. 4 LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Single-family dwelling, farm, and forest / AG -1 & AG -2 Agricultural Districts SURROUNDING LAND North: USE AND ZONING: South: East: West: NATURAL RESOURCE AND CULTURAL FEATURES: • Farmland / AG -1 & AG -2 Agricultural Districts • Single-family dwelling • Farmland / AG -1 & AG -2 Agricultural Districts • Single-family and mobile homes • Farmland / AG -1 & AG -2 Agricultural Districts • Floodplain and Forest / AG -1 Agricultural District • North Landing River Land cover on the 55 -acre site is roughly on -half active farmland and one-half forested wetlands. The western forested half is impacted by the Southern Watershed Management Area (SWMA) as well as the special flood hazard area adjacent to the North Landing River. The kennel structure, however, is located approximately 1,100 feet landward of the SWMA, and over 600 feet from the special flood hazard area. COMPREHENSIVE PLAN: The Comprehensive Plan designates the subject property as being located within the Rural Area. The Rural Area lies south of Indian River Road from North Landing Road to Muddy Creek and Back Bay and extends to the North Carolina Border. The physical character of this area is low, flat land with wide floodplains and altered drainage. Within this area is a significant presence of working farms, farm related businesses, and limited non-residential areas along with scattered housing sites. The Comprehensive Plan's Rural Preservation Plan policies recognize this rural character, seeking to preserve and promote continued agricultural production and its open space and scenic beauty while providing reasonable rural development opportunities that will help stabilize and reinforce the rural way of life in southern Virginia Beach. (pp.5-1 to 5-4) 4 IMPACT ON CITY SERVICES There is no direct impact on City services as a result of this proposal. 4 EVALUATION AND RECOMMENDATION DEBBIE BRIGHT Agenda Item 5 Page 2 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. City Zoning Ordinance - Section 223 - Animal Hospitals, Pounds, Shelters, Commercial and Residential Kennels Except where animals are kept in soundproof, air-conditioned buildings, no structure or area occupied by such animals, whether in animal hospitals, pounds, shelters, commercial or residential kennels, shall be within one hundred (100) feet of the property line of any adjacent lot. At least one (1) off-street parking space per four hundred (400) square feet shall be provided. The applicant's proposal to allow a commercial kennel is reasonable and will have minimal or no impact on the surrounding area. The applicant has housed 4 dogs in the kennel structure without any known complaints to the City, and the additional dogs on this 55 -acre farm should not cause any nuisance to the surrounding properties. The proposed use is consistent with the Comprehensive Plan's Rural Area policies with regard to rural character and providing reasonable rural development opportunities. The kennel is heated and cooled, provides a fenced open area, complements the main house in design, and is appropriate to the activity associated with a working farm. The kennel structure is heated and air-conditioned, nearly soundproof, and well over one hundred feet from the property lines of the four adjacent lots, and as such exceeds the structural and yard requirements of Section 223 of the City Zoning Ordinance. While no site plan was submitted with this application, City maps indicate that the kennel structure is approximately 390 square feet in area, and thus requires a one parking space. Staff finds that the existing driveway is wide enough to accommodate parking for the proposed use without interfering with other farm uses on the property, and that the existing gravel is a suitable material consistent with the rural character of the site and surrounding area. The kennel structure is almost completely screened from the public right-of-way along Buzzard Neck Road by the residence, existing trees, and rail fence. Staff finds that this existing screening, while not required in the AG -2 District, is appropriate and more than sufficient for the intended use. Staff recommends approval of this request with the conditions below. 4 • CONDITIONS 1. Unless otherwise limited by Animal Control, the maximum number of dogs over six (6) months of age shall be six (6). DEBBIE BRIGHT Agenda Item 5 Page 3 2. All dogs shall be housed within the kennel structure. 3. The applicant shall ensure that the dogs are properly vaccinated and immunized and are licensed through the City of Virginia Beach. 4. The existing kennel structure, outdoor area, and fence shall be maintained in good condition. 5. All dogs, when outside the kennel structure or outdoor area, shall be supervised at all times. 6. All animal waste shall be collected and disposed of in a lawful manner on a daily basis. 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. DEBBIE BRIGHT Agenda Item 5 Page 4 AERIAL OF SITE LOCATION DEBBIE BRIGHT Agenda Item 5 Page 5 PROPOSED ON-SITE LOCATION DEBBIE BRIGHT Agenda Item 5 Page 6 PRINCESS ANNE Map - J21 Not to Scale Debbie Bri s ht • Zoning with Conditions/Proffers, Open Space Promotion ARP- Agricultural Reserve Program Overlay CUP - Commercial Kennel ZONING HISTORY # DATE REQUEST ACTION 2 06/06/1995 Subdivision Variance Approved Yr:-'11.41A.Brfl Ill. DEBBIE BRIGHT Agenda Item 5 Page 7 IIU KENNEL STRUCTURE DEBBIE BRIGHT Agenda Item 5 Page 8 KENNEL INTERIOR DEBBIE BRIGHT Agenda Item 5 Page 9 GOOGLE STREETVIEW OF SITE FROM BUZZARD NECK RD DEBBIE BRIGHT Agenda Item 5 Page 10 CLUMBER SPANIEL DEBBIE BRIGHT Agenda Item 5 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) Qor&c\\Q (o n'ber- 1 els - } bme beti I. List all businesses that have a parent -subsidiary or affiliated business entity2 relationship with the applicant: (Attach list if necessary) 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) Ocira.ck i se 0.\s) ember- 5p9 -A16,5 - Vbrn€. [ 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. & 2 See next page for footnotes Does an official or em loyee of the Cit of Virginia Beach have an interest in the subject land? Yes II No If yes, what is the name of the official or employee and the nature of their interest? 1 1 1 1 DISCLOSURE STATEMENT DEBBIE BRIGHT Agenda Item 5 Page 12 4 5 4 4 4 4 i 4 1 4 1 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 I 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 § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. � ja-blez, %�j'7� Sfh� �efabie,BriFjhz Applicant's Signature - C" �.� // rty Owne s : ignature f di erent than applicant) Print Name DISCLOSURE STATEMENT DEBBIE BRIGHT Agenda Item 5 Page 13 11 I Item #5 Debbie Bright Conditional Use Permit 5513 Buzzard Neck Road District 7 Princess Anne September 10, 2014 CONSENT An application of Debbie Bright for a Conditional Use Permit (Commercial Kennel) on property located at 5513 Buzzard Neck Road, District 7, Princess Anne. GPIN: 23084824000000. CONDITIONS 1. Unless otherwise limited by Animal Control, the maximum number of dogs over six (6) months of age shall be six (6). 2. All dogs shall be housed within the kennel structure. 3. The applicant shall ensure that the dogs are properly vaccinated and immunized and are licensed through the City of Virginia Beach. 4. The existing kennel structure, outdoor area, and fence shall be maintained in good condition. 5. All dogs, when outside the kennel structure or outdoor area, shall be supervised at all times. 6. All animal waste shall be collected and disposed of in a lawful manner on a daily basis. A motion was made by Commissioner Hodgson and seconded by Commissioner Horsley to approve item 5. AYE 11 NAY 0 ABS 0 ABSENT 0 BROCKWELL AYE HODGSON AYE HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE RIPLEY AYE RUCINSKI AYE Item #5 Debbie Bright Page 2 RUSSO AYE THORNTON AYE WEINER AYE By a vote of 11-0, the Commission approved item 5 by consent. The applicant Debbie Bright appeared before the Commission. lti4V�V' CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH - An Ordinance to amend Section 216 of the City Zoning Ordinance Conforming Code References to the Virginia Code. MEETING DATE: October 21, 2014 • Background: As is often the case during sessions of the General Assembly, references to various sections of the Virginia Code are revised due to the deletion or relocation of other sections of the Code. The proposed amendment to the City Zoning Ordinance is necessary due to such a change. • Considerations: The Virginia Code section pertaining to the repair of billboards has been moved from Virginia Code Section 33.1-370.2 to Section 33.2-2219. The proposed amendment to the Zoning Ordinance changes the Virginia Code section referenced in Section 216 to reflect the new Virginia Code section. There was no opposition to the amendment. • 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. • Attachments: Minutes of Planning Commission Hearing Ordinance Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agency: Planning Department City Manager: Item #10 City of Virginia Beach — Conform Section 216 An ordinance to amend Section 216 of the City Zoning Ordinance Conforming Code References to the Virginia Code September 10, 2014 CONSENT An Ordinance to amend Section 216 of the City Zoning Ordinance Conforming Code References to the Virginia Code. A motion was made by Commissioner Hodgson and seconded by Commissioner Horsley to approve item 10. 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 10 by consent. Karen Lasley, Zoning Administrator, appeared before the Commission. 1 AN ORDINANCE TO AMEND SECTION 216 2 OF THE CITY ZONING ORDINANCE 3 CONFORMING THE CODE REFERENCES 4 TO THE VIRGINIA CODE 5 6 SECTION AMENDED: City Zoning Ordinance 7 § 216 8 9 WHEREAS, the public necessity, convenience, general welfare and good zoning 10 practice so require; 11 12 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 13 BEACH, VIRGINIA: 14 15 That Section 216 of the City Zoning Ordinance is hereby amended and 16 reordained to read as follows: 17 18 Sec. 216. Outdoor advertising structures, billboards, signboards and poster 19 panels. 20 21 ... 22 23 (d) The repair of lawfully nonconforming billboards visible from the main 24 traveled way of any interstate highway, federal -aid primary highway as that system 25 existed on June 1, 1991, or national highway system highway shall be governed by the 26 provisions of Virginia Code section 33.1 370.2 33.2-1219, or any successor statute, .. . 27 28 COMMENT 29 This amendment is a housekeeping matter. The Virginia Code section dealing with 30 billboard repair has been moved from Virginia Code § 33.1-370.2 to § 33.2-1219. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2014. APPROVED AS TO CONTENT: CA13065/R-2/August 6, 2014 APPROVED AS TO LEGAL SUFFICIENCY: City Attorney's Office 2 u ' F�4 CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH, Conditional Change of Zoning (R-10 and unspecified to Conditional AG -1 Agricultural). Broad Bay Road, approximately 500 feet east of its intersection with W. Great Neck Road (GPINs 1499472853; 1499471755; and 1499472626). COUNCIL DISTRICT — LYNNHAVEN. MEETING DATE: October 21, 2014 • Background: The applicant proposes to change the zoning of the subject site to Conditional AG -1 Agricultural District. The subject site consists of public right-of-way located under the Great Neck Bridge, which has no determined zoning designation, and a City -owned parcel, which is zoned R-10 Residential District. The site is currently undeveloped, except for a small wooden pier at the rear of the site, adjacent to Long Creek. The only other structures currently located on the site are four concrete bridge piers, which support the Great Neck Road Bridge. • Considerations: The purpose of the Change of Zoning is to allow the site to be used as an 'Aquaculture Center.' The specific type of aquaculture will be the raising of oyster spat. The Lynnhaven Aquaculture Center will focus on a 'Spat on Shell' process that will create a minimum of 10,000,000 oysters per year to benefit the Lynnhaven River, its tributaries, and the rejuvenated commercial oyster business on the Lynnhaven River. Starting with oyster larvae and clean oyster shell, the larvae will be 'prompted' to attach themselves to shells within several circular and rectangular tanks that will be located on the site. The tanks will be filled with water withdrawn from Long Creek. The water will be circulated by upwellers in the tanks, aerated in the tanks, and returned to the river. The larvae, shell, and water are occasionally mixed or tumbled, which encourages the larvae to attach to a shell. Further details pertaining to the site layout and the operation of the facility, as well as Staff's evaluation of the request, are provided in the attached staff report. There was opposition to the request. CITY OF VIRGINIA BEACH — LYNNHAVEN AQUACULTURE CENTER Page2of3 • Recommendations: The Planning Commission placed this item on the Consent Agenda, passing a motion by a recorded vote of 10-0, to recommend approval of the requested Change of Zoning as proffered: PROFFER 1: When the Property is developed, it shall be developed into an aquaculture center with the structures substantially as shown on the exhibit entitled "CONCEPTUAL PLANTING PLAN LYNNHAVEN AQUACULTURE CENTER, Virginia Beach, Virginia," dated January 29, 2014 prepared by Langley & McDonald, Inc. and WPL, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Site Plan"). PROFFER 2: The Property shall only be used for an aquaculture center where larval shellfish is cultivated and grown on shell or other suitable material. The aquaculture center shall only be operated by a non-profit entity or the City of Virginia Beach. PROFFER 3: Any pier or boat ramp on the Property shall only be used by the aquaculture center or City employees or agents for the purpose of conducting City business. PROFFER 4: No portion of the Property shall be used at any time for a dredge material disposal management area or dredge material disposal transfer site. PROFFER 5: The aquaculture center shall only be operated seasonally from approximately April 1 to October 31 each year, from the hours of 9:00 a.m. to 5:00 p.m. on weekdays. At other times of the year, weekly inspections shall be held for security and maintenance purposes only. PROFFER 6: Only equipment and materials used by the aquaculture center shall be stored overnight on the Property. PROFFER 7: All lighting of the site shall be limited to that necessary for security purposes, shall be installed no higher than 14 feet and shall be shielded to prevent glare and spillover onto adjacent properties and the public right-of-way. CITY OF VIRGINIA BEACH — LYNNHAVEN AQUACULTURE CENTER Page 3 of 3 PROFFER 8: 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. ■ Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Recommended Action: Staff recommends approval. Planning Commission recommends approval. Submitting Department/Agenc�y: Planning Department j City Manager: LYNNHAVEN Nap 11-3 Mao Not to S. City of Virginia Beach CatatDntl Charge el Zoning (R-1• i (MONonaMNJ to AO.1J 12 October 8, 2014 Public Hearing APPLICANT & PROPERTY OWNER: CITY OF VIRGINIA BEACH STAFF PLANNER: Stephen J. White REQUEST: Change of Zoning (R-10 Residential District and adjacent right-of-way [beneath bridge] to Conditional AG -1 Agricultural District) ADDRESS / DESCRIPTION: Broad Bay Road, approximately 500 feet east of its intersection with W. Great Neck Road GPIN: ELECTION DISTRICT: SITE SIZE: 1499472853; 1499471755; LYNNHAVEN 0.986 acre and 1499472626 4 AICUZ: Less than 65 dB DNL • BACKGROUND / DETAILS OF PROPOSAL Background The applicant proposes to change the zoning of the subject site to Conditional AG -1 Agricultural District. The subject site consists of public right-of-way located under the Great Neck Bridge, which has no determined zoning designation, and a City -owned parcel, which is zoned R-10 Residential District. The site is currently undeveloped, except for a small wooden pier at the rear of the site, adjacent to Long Creek. The only other structures currently located on the site are four concrete bridge piers, which support the Great Neck Road Bridge. Details The purpose of the Change of Zoning is to allow the site to be used as an 'Aquaculture Center.' The specific type of aquaculture will be the raising of oyster spat. The Lynnhaven Aquaculture Center will focus on a 'Spat on Shell' process that will create a minimum of 10,000,000 oysters per year to benefit the Lynnhaven River, its tributaries, and the rejuvenated commercial oyster business on the Lynnhaven River. CITY OF VIRGINIA BEACH LYNNHAVEN AQUACULTURE CENTER Agenda Item 12 Page 1 Starting with oyster larvae and clean oyster shell, the larvae will be 'prompted' to attach themselves to shells within several circular and rectangular tanks that will be located on the site. The tanks will be filled with water withdrawn from Long Creek. The water will be circulated by upwellers in the tanks, aerated in the tanks, and returned to the river. The larvae, shell, and water are occasionally mixed or tumbled, which encourages the larvae to attach to a shell. A wooden pier will provide access to floating upwellers (Flupsys) in the river, as well as allow oyster boats to access the site to receive oyster spat for placement in the Lynnhaven River. Equipment storage, office space, shell storage, and shell handling are organized in an efficient arrangement to expedite the process. A boat ramp for the use of the aquaculture center volunteers or City staff conducting City business will also be installed. Pervious surfaces will be used throughout, and the perimeter of the site will be extensively landscaped with native evergreen shrubs and a variety of other native plantings. A six- foot high fence will be installed on the interior side of the landscaped perimeter. • 0 EVALUATION AND RECOMMENDATION The requested Change of Zoning will provide the unique opportunity for increased momentum in the efforts to reduce pollutants in the Lynnhaven River through a 'spat on shell' process capable of producing a minimum of 10,000,000 oysters per year. The currently vacant site, constrained by the Great Neck Bridge above it, will be developed for an aquaculture use of a type that is not intensive, requiring only occasional periods of oyster transfer, larvae replenishment, mixing of the tanks, and equipment maintenance. The activity will occur for only five months of each year. Based on these factors, staff finds that the proposed use will be compatible to the residential area adjoining the site. The proffers provided below ensure that the use remains compatible to the neighborhood, and include proffers recommended by the neighborhood residents for that purpose. Additional control of the use of the site will be provided by the legal agreement that the City will negotiate with the operator of the Aquaculture Center. Accordingly, staff recommends approval of this request as proffered. 1' PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement (CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to "offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. PROFFER 1: When the Property is developed, it shall be developed into an aquaculture center with the structures substantially as shown on the exhibit entitled "CONCEPTUAL PLANTING PLAN LYNNHAVEN AQUACULTURE CENTER, Virginia Beach, Virginia," dated January 29, 2014 prepared by Langley & McDonald, Inc. and WPL, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Site Plan"). CITY OF VIRGINIA BEACH LYNNHAVEN AQUACULTURE CENTER Agenda Item 12 Page 2 PROFFER 2: The Property shall only be used for an aquaculture center where larval shellfish is cultivated and grown on shell or other suitable material. The aquaculture center shall only be operated by a non-profit entity or the City of Virginia Beach. PROFFER 3: Any pier or boat ramp on the Property shall only be used by the aquaculture center or City employees or agents for the purpose of conducting City business. PROFFER 4: No portion of the Property shall be used at any time for a dredge material disposal management area or dredge material disposal transfer site. PROFFER 5: The aquaculture center shall only be operated seasonally from approximately April 1 to October 31 each year, from the hours of 9:00 a.m. to 5:00 p.m. on weekdays. At other times of the year, weekly inspections shall be held for security and maintenance purposes only. PROFFER 6: Only equipment and materials used by the aquaculture center shall be stored overnight on the Property. PROFFER 7: All lighting of the site shall be limited to that necessary for security purposes, shall be installed no higher than 14 feet and shall be shielded to prevent glare and spillover onto adjacent properties and the public right-of-way. PROFFER 8: Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City Agencies and departments to meet all applicable City Code requirements. STAFF COMMENTS: The proffers are acceptable, as they ensure the property will be used only as an aquaculture center and the activities and structures on the site are compatible with a residential neighborhood. The City Attorney's Office has reviewed the Conditional Zoning Agreement 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. CITY OF VIRGINIA BEACH LYNNHAVEN AQUACULTURE CENTER Agenda Item 12 Page 3 AERIAL OF SITE LOCATION CITY OF VIRGINIA BEACH LYNNHAVEN AQUACULTURE CENTER Agenda Item 12 Page 4 CONCEPTUAL PLANTING PLAN (Proffer 1) CITY OF VIRGINIA BEACH LYNNHAVEN AQUACULTURE CENTER Agenda Item 12 Page 5 O& 6' PER W/4 — 8'x20' FLUPSYS MNAIZE DISTURBANCE BELOW TOP OF BANK `ONG GTttly^ 12' X 44' BOAT RAMP & 4' PIER YARD NYD. OIXE.) 12' DK TANKS, TYP. (NJ.C.) 10' VEGETATIVE BUFFER. OLLC.) 16' X 0' TANK. TYP. OF 4 ou.c.) Xe' { w: Photograph of Site (looking to northeast) Photograph of Site (looking to northwest) SITE PHOTOGRAPHS 4.1 CITY OF VIRGINIA BEACH <P LYNNHAVEN LYNNHAVEN AQUACULTURE CENTER Agenda Item 12 Page 7 LYNNHAVEN Map H-3 Map Not to Scale City of Virginia Beach (for L nnhaven River Now) ao 5 Conditional Change of Zoning (R-10 & Undetermined to AG -1) ZONING HISTORY # DATE REQUEST ACTION 1 05/13/1997 Conditional Use Permit (Marina) Approved 2 12/14/1999 Conditional Use Permit (Marina) Approved 3 06/13/2000 Conditional Use Permit (Dry Boat Storage) Withdrawn 4 03/23/1999 Conditional Use Permit (Marina) Approved 5 03/13/2007 Subdivision Variance Approved 03/13/2007 Conditional Use Permit (Community Boat Dock) Approved 6 02/10/1998 Conditional Use Permit (Addition to Religious Facility) Approved 08/13/2013 Conditional Use Permit (Colum barium) Approved CITY OF VIRGINIA BEACH LYNNHAVEN AQUACULTURE CENTER Agenda Item 12 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) City of Virginia Beach 2. List all businesses that have a parent-subsidiary1 or affiliated business entity2 relationship with the applicant: (Attach list if necessary) 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) City of Virginia Beach 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 employee of the City of Virginia Beach have an interest in the subject land? Yes No n If yes, what is the name of the official or employee and the nature of their interest? DISCLOSURE STATEMENT CITY OF VIRGINIA BEACH LYNNHAVEN AQUACULTURE CENTER Agenda Item 12 Page 9 4 4 4 s 4 1 41 4 4 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) WPL Langley & McDonald ' "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 1 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 § 2.2-3101. CERTIFICATION: I certify that the information contained herein is true and accurate. I understand that, upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responsible for obtaining and posting the required sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in this package. The undersigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating this application. Applicant's Sig ture ProOwner's Signature Print Name :a.. ak.5K Q elk' if different than applicant) Print Name Douglas L. Smith, Deputy City Manager DISCLOSURE STATEMENT CITY OF VIRGINIA BEACH LYNNHAVEN AQUACULTURE CENTER Agenda Item 12 Page 10 twat', qui2aiA 30 S.113 In Reply Refer To Our File No. DF -9141 TO: FROM: RE: Mark D. Stiles B. Kay Wilson fft''" CITY OF VIRGINIA BEACH INTER -OFFICE CORRESPONDENCE DATE: October 13, 2014 DEPT: City Attorney DEPT: City Attorney Conditional Zoning Application; Lynnhaven Aquaculture Center The above -referenced conditional zoning application is scheduled to be heard by the City Council on October 21, 2014. I have reviewed the subject proffer agreement, dated October 9, 2014 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 Prepared by City Attorney's Office City of Virginia Beach CITY OF VIRGINIA BEACH, TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, A MUNICIPAL CORPORATION OF THE COMMONWEALTH OF VIRGINIA THIS AGREEMENT, made this aVA day of Qej, , 2014, by and between THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, party of the first part, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee, party of the second part, Grantee. WITNESSETH: WHEREAS, Grantor is the owner of certain parcels of property located in the Lynnhaven District of the City of Virginia Beach, containing approximately one acre and described in Exhibit "A" attached hereto and incorporated herein by reference, said property hereinafter referred to as the "Property"; and WHEREAS, Parcels 1 and 2 are rights-of-way located under the Great Neck Road Bridge, and as such, only the portion of the right-of-way under the Bridge is included; and WHEREAS, the Grantor has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning classification of the Property from unclassified and R-10 Residential District to AG -1 Agricultural District; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantor acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoning are needed to resolve this situation to which the Grantor's rezoning application gives rise; and GPINS: 1499-47-2853 Rights -of -Way (no GPIN assigned) located Adjacent to GPIN 1499-47-2853 WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed amendment to the Zoning Map with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, the Grantor, its successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantor, its successors, personal representatives, assigns, grantee, and other successors in interest or title: 1. When the Property is developed, it shall be developed into an aquaculture center with the structures substantially as shown on the exhibit entitled "CONCEPTUAL PLANTING PLAN LYNNHAVEN AQUACULTURE CENTER, Virginia Beach, Virginia," dated January 29, 2014 prepared by Langley & McDonald, Inc. and WPL, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning (hereinafter "Site Plan"). 2. The Property shall only be used for an aquaculture center where larval shellfish is cultivated and grown on shell or other suitable material. The aquaculture center shall only be operated by a non-profit entity or the City of Virginia Beach. 3. Any pier or boat ramp on the Property shall only be used by the aquaculture center or City employees or agents for the purpose of conducting City business. 4. No portion of the Property shall be used at any time for a dredge material disposal management area or dredge material disposal transfer site. 5. The aquaculture center shall only be operated seasonally from approximately April 1 to October 31 each year, from the hours of 9:00 a.m. to 5:00 p.m. on weekdays. At 2 other times of the year, weekly inspections shall be held for security and maintenance purposes only. 6. Only equipment and materials used by the aquaculture center shall be stored overnight on the Property. 7. All lighting of the site shall be limited to that necessary for security purposes, shall be installed no higher than 14 feet and shall be shielded to prevent glare and spillover onto adjacent properties and the public right-of-way. 8. Further conditions may be required by the Grantee during detailed Site Plan and/or Subdivision review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. All references hereinabove to the AG -1 and R-10 Districts and to the requirements and regulations applicable thereto refer to the City Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Grantor and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, proved that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantor covenants and agrees that: 3 1. The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied, and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; 2. The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; 3. If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantor shall petition the governing body for the review thereof prior to instituting proceedings in court; and 4. The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, and indexed in the names of the Grantor and the Grantee. 4 WITNESS the following signature and seal: Grantor: CITY OF VIRGINIA BEACH, VIRGINIA AT : ST: Rutl edges -Fraser; City Clerk fivic ow/0_0401y (SEAL) STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: The foregoing instrument was acknowledged before me this /3 day of Q , 2014, b G�' MM►o t 11Irro/C.4:73- cu r'k j-%* A_c v J s` - My Commission Expires: 1c • 3 1- 14 Notary Pub1i Notary Registration Number: ' O 1 3 3 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to -wit: Sandy Marie Madison - Commonwealth of Virginia Notary Public Commission No. 7073053 My Commission Expiros 12/31/2014 -et.. The foregoing instrument was acknowledged before me this i 3 day of 06- 2014, by gc,...044 1 , :. _ _. :.' ' _ •, 171 c ac..z. j - Notary Public My Commission Expires: 0) -J1- 1 `f 9a)3D$� Notary Registration Number: 5 Sandy MMadison rn CommonwealthNotPublic Notary 7073053 Commission No. ,r„ Commission F_xpiros 1213112014 EXHIBIT A Property Description Parcel 1 BEING as shown on Sheet 14-B of the plans for Great Neck Road, State Highway Project U000-134-108, RW -201, and lying on the west (left) side of the survey and construction centerline of relocated Great Neck Road and adjacent to the west property line of Sidney R. Tatem and Clelia J. Tatem from the lands of the City of Virginia Beach opposite approximate Station 270+86 to a point in the lands of the Grantor at approximate Station 271+72, thence lying on both sides of and adjacent to the survey and construction centerline from the last said station to the south approximate low water line of Long Creek at approximate Station 273+59 and containing 0.431 acre, more or less, land, and being all of the same land acquired by Donald H. Rieger and Mary M. Rieger from Gersal Construction Corporation by deed dated May 234, 1972 and recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 1286, at page 371. IT BEING the same property conveyed to the Commonwealth of Virginia by Deed dated December 8, 1980 from Donald H. Rieger and Mary M. Rieger, and recorded in the aforesaid Clerk's Office in Deed Book 2074, at page 722. IT BEING a portion the same property acquired by the Commonwealth of Virginia from the various parties as shown on the R/W Division Acquisition Status Sheets attached to that certain Deed between the Commonwealth of Virginia and the City of Virginia Beach, said Deed being recorded in the aforesaid Clerk's Office in Deed Book 334, at page 843. Parcel 2 BEING as shown on Sheet 14-B of the plans for Great Neck Road, State Highway Project U000-134-108, RW -201, and lying on both sides of and adjacent to the survey and construction centerline of proposed Great Neck Road from the lands of the City of Virginia Beach at approximate Station 270+82 to a point in the lands of the landowner at approximate Station 271+69, thence lying on the east (right) side of the survey and construction centerline and adjacent to the east property line of Donald H. Rieger and Mary M. Rieger from the last said station to the south approximate low water line of Long Creek opposite approximate Station 273+58 and containing 0.476 acre, more or less land. IT BEING the same property conveyed to the Commonwealth of Virginia by Sidney R. Tatem and Clelia J. Tatem, by Certificate No. C-30945 recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia ip Deed Book 2077, at page 1, and finalized by Order entered on May 1, 1981 and recorded in the aforesaid Clerk's Office in Deed Book 2113, at page 375. IT BEING a portion the same property acquired by the Commonwealth of Virginia from the various parties as shown on the R/W Division Acquisition Status Sheets attached to that certain Deed between the Commonwealth of Virginia and the City of Virginia Beach, said Deed being recorded in the aforesaid Clerk's Office in Deed Book 334, at page 843. 6 Parcel 3 ALL THAT certain lot, piece or parcel of land situate, lying and being in the City of Virginia Beach, being as shown on Sheet 14B of the plans for State Highway Project U000-134-108, RW -201, and lying between the east proposed right of way line and the right of way acquisition line from a point on the said proposed right of way line approximately 65 feet right of approximate Station 271 + 08 (survey and construction centerline) to the approximate low water line of Long Creek at a point approximately 65 feet right of approximate Station 273 + 59 (survey and construction centerline), and containing 0.079 acres, more or less. For a more particular description of the land herein conveyed, reference is made to the photocopy of said Sheet 14 B, showing outlined in RED the said land and is recorded in State Highway Plat Book 5 at page 173. IT BEING the same property conveyed to the City of Virginia Beach by Deed dated September 16, 2013 from Marine Clean LLC, a Virginia limited liability company, recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia as Instrument No. 20130927001161930. 7 4u O Q a� �o 0 y y 4) L c. O 0 o E o e e a mi u o RI ja to C C. d 'w ti egi 2 co3 c 0 E h b t O , H d 3 a a, a fi o c_4 N �yU yw.��.:� � CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: CITY OF VIRGINIA BEACH, Conditional Use Permit (Drive-through associated with a drugstore). Northwest corner of Princess Anne Road and S. Witchduck Road (GPIN 1466783845). KEMPSVILLE DISTRICT. MEETING DATE: October 21, 2014 • Background: The applicant requests a Conditional Use Permit for a drive-through facility associated with a drugstore. The drive-through will be located on the rear (west) side of a pharmacy -retail store that is proposed as part of the redevelopment of this 2.1 -acre site. On March 25, April 22, and August 5, 2014, the City Council deferred this item at the request of staff. • Considerations: The proposed development consists of a pharmacy -retail store and two smaller retail buildings. Consistent with the design recommendations of the Historic Kempsville Master Plan (HKMP), the front of the buildings are oriented parallel to and located close to the right-of-way lines of Singleton Way and S. Witchduck Road. The rear sides of the buildings face the parking lot, yet are designed to resemble the front sides. Vehicles will approach the drive-through window on the rear of the building from the north, and will queue in a pull -off lane that is separate from the drive aisle for the parking lot. The drive-through window is designed to resemble a standard window appropriate to the overall `colonial' style of the building. The canopy for the drive-through is provided by means of an overhanging balcony at the second -floor level, directly above the drive-through window. Further details pertaining to the drive-through, 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, by a recorded vote of 8-0-2, recommends approval of this request to the City Council with the following conditions: CITY OF VIRGINIA BEACH Page 2of2 1. With the exception of any modifications required by any of these conditions or as a result of development site plan review, the drive-through facility shall be located on the site substantially in conformance with that shown on the submitted concept plan, entitled "CONCEPTUAL SITE PLAN SHOWING LOCATION OF PROPOSED DRIVE-THROUGH," dated October 24, 2012, and prepared by WPL. Said plan has been exhibited to the City Council and is on file with the Department of Planning. 2. The drive-through window shall be located on the building in the location shown and in keeping with the design depicted on the two submitted building renderings, entitled "RENDERING OF REAR OF PROPOSED PHARMACY SHOWING LOCATION AND DESIGN OF PROPOSED DRIVE-THROUGH" and "RENDERING OF REAR AND SOUTH SIDES OF PROPOSED PHARMACY SHOWING LOCATION AND DESIGN OF PROPOSED DRIVE-THROUGH." Said renderings have been exhibited to the City Council and are on file with the Department of Planning. 3. Any loudspeaker or similar voice transmission device shall not be audible at any of the lot lines of the subject parcel. 4. The drive-through facility shall not be available for business between the hours of 10:00 a.m. and 10:00 p.m. 5. There shall be no signs on the building or anywhere on the parcel indicating the availability of drive-through service. Directional signs not visible from a public right-of-way may be utilized; however, such signs shall not be internally illuminated. 6. The `balcony' canopy shown over the drive-through window in the building renderings referenced in Condition 2 shall not project more than four (4) feet from the wall of the building above the drive-through window and shall not exceed the width of the drive-through window by more than one (1) foot on each side. • 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 .13k5Y722-, I.N.N rK C.rN..sraX... p., ,,N s CUP for Drive Through Associated with a Drugstore INpro p.i . M Ns map on WO. 1M111,0aN[JK.y1 riN• Ond.y D6 February 12, 2014 Public Hearing APPLICANT & PROPERTY OWNER: CITY OF VIRGINIA BEACH STAFF PLANNER: Stephen White & Clay Bemick REQUEST: Conditional Use Permit (Drive-through associated with a drugstore) ADDRESS / DESCRIPTION: Northwest corner of Princess Anne Road and S. Witchduck Road APPLICATION HISTORY: This request was deferred by the Planning Commission on July 10, 2013 at the request of staff due to the need to correct deficiencies in the application for closure of portions of right-of-way adjacent to the subject site. Action on the Use Permit cannot proceed until the Street Closure application is finalized. GPIN: ELECTION DISTRICT: SITE SIZE: 14667838450000 KEMSPVILLE 2.1 acres AICUZ: Less than 65 dB DNL BACKGROUND / DETAILS OF PROPOSAL • The applicant requests a Conditional Use Permit for a Drive -Through Facility associated with a drugstore that is proposed for the subject site. The drive-through will be located on the rear (west) side of a building that will be occupied by a pharmacy -retail store. The building is part of a comprehensive development of the 2.1 -acre site. The proposed development, as depicted on the submitted conceptual site plan (p. 6 of this report), consists of a Walgreens store and two smaller retail buildings. More than a year of work among City staff, the development team, and the Historic Kempsville Citizens' Advisory Committee resulted in a number of site plans striving for consistency with the vision and urban design framework established by the Historic Kempsville Area Master Plan (HKMP). The concept plan provided with this report has been refined since the time this one CITY OF VIRGINIA BEACH — USE PERMIT Agenda Item D6 Page 1 was produced, but for the purpose of the evaluating the request for the Use Permit, the plan is well- suited. As shown, and as consistent with the design recommendations of the HKMP, the front of the buildings are located adjacent to the right-of-way lines for Singleton Way and Witchduck Road, within a minimum - maximum setback range that is the equivalent of the Build -To Zone in a Form -Based Code. The rear of the buildings, while being the primary location for service access, is also designed to act as a building front. As an example, the delivery and service area for the Walgreens is located on the south side of the building adjacent to the intersection of Witchduck Road and Princess Anne Road; however, as shown by the building rendering on page 9, the area is enclosed, resembling a compatible lean-to shed' on the side of the building. The overall goal of the site and building design is to meet the vision established in the HKMP for a shopping area with Colonial era elements indicative of the historical roots of Kempsville. The proposed drive-through will be located on the western (rear) side of the Walgreens. Vehicles will approach the drive-through from the north and queue in a pull -off lane that is separate from the drive aisle for the parking lot. The approximate length of the lane available for the queue is 90 feet. The drive- through window, as shown on page 8, is designed to resemble a standard window appropriate to the overall style of the building. The canopy for the drive-through is provided by means of a 'balcony' at the second -floor level directly above the drive-through window. EXISTING LAND USE: Vacant SURROUNDING North: LAND USE AND ZONING: South: East: West: NATURAL RESOURCE AND CULTURAL FEATURES: 1' LAND USE AND COMPREHENSIVE PLAN • Singleton Way • Retail and church annex / B-2 District (HK Overlay) • Princess Anne Road • Vacant (proposed multi -family) / B -4K District (HK Overlay) • S. Witchduck Road • Vacant and undeveloped / B -4K and B-2 Districts (HK Overlay) • Church / B-2 Business & 0-2 Office (HK Overlay) There is no known significant natural resource or cultural feature on the site. The southeastern corner of the site was bisected by a railroad until the middle of the 20th century. Prior use of the northern portion of the site resulted in chemical seepage into the groundwater. There is, therefore, a portion of an underground 'plume' of the pollutant. This issue has been and will continue to be addressed as development progresses. COMPREHENSIVE PLAN: Following considerable public involvement, the City Council adopted the Historic Kempsville Area Master Plan in January of 2006. This plan outlines the methods needed to implement land use, environmental, transportation and design improvements to accomplish the desired revitalization of this area. The Master Plan also provides guidance to leverage public investments to achieve multiple outcomes and create a high quality 'village' center. The Master Plan establishes the following as the "Land Use Concept" for Historic Kempsville: CITY OF VIRGINIA BEACH — USE PERMIT Agenda Item D6 Page 2 I I I The plan that has been developed for the Historic Kempsville area significantly alters and reshapes the land use concept for the area, moving from the suburban pattern that has dominated the area since the post -World War II boom through the 1970s, and the subsequent decline of the area, and instead superimposes a land use concept that will strengthen the sense of community and village form in the area. The recommended land use concept suggests that a denser pattern of development, dominated by mixed uses that allow for both residential and nonresidential uses within the same building or groups of buildings, would help to reintroduce a sense of interest, pedestrian character, and excitement to the area. Mixed uses are clustered near the intersection, with buffers and Tess intense land uses arrayed out from the intersection and adjoining surrounding subdivision that comprise the larger community, (p.25, HK Area Master Plan). 4 IMPACT ON CITY SERVICES TRAFFIC: A full review of the submitted plan will be provided during development site plan review. The review will include an evaluation of proposed access points. WATER: This site must connect to City water and sewer. Both are available within adjacent rights-of- way; however, detailed analysis must be done during development site plan review to ensure capacity exists for the proposed use. 4 EVALUATION AND RECOMMENDATION Section 233.02 of the City Zoning Ordinance provides specific standards that are applicable to Drive- through Facilities associated with a drugstore. Those standards are listed below, followed by an assessment of the proposal's consistency with the standard: a. Drive-through facilities shall be located on the same parcel as the structure within which the principal use for the drive-through is located. The proposed drive-through is located on the wall of the building that it serves; therefore, the facility is located on the same parcel. b. Drive-through facilities shall be located on the rear side of the building, facing the interior of the block or within the ground floor of a parking structure, such that the facility is not visible from a public right-of-way. The proposed drive-through is located on the rear side of the building. The visibility of the drive-through from a public right-of-way will be effectively eliminated by a pergola structure that will be built along the Princess Anne Road frontage of the site, which will be extensively landscaped. CITY OF VIRGINIA BEACH — USE PERMIT Agenda Item D6 Page 3 c. Drive-through facilities shall not utilize exterior speakers that are audible at the property line. There will be one speaker at the window, which, due to the nature of the information shared at the pharmacy, will not be set a loud volume. A condition recommended below emphasizes this requirement. d. Drive-through facilities shall not operate before 10:00 a.m. or after 10:00 p.m. The applicant has agreed to this restriction, and the restriction is emphasized in a condition recommended below. e. Drive-through facilities shall be restricted to one lane with direct service from the drive-through window. The conceptual site plan depicts one lane for vehicles queued for the drive-through window. f. There shall be no signs for the drive-through facility on the building or site, with the exception of directional signs not visible from a public right-of-way. Such signs shall not be internally illuminated. The applicant has agreed to this restriction, and the restriction is emphasized in a condition recommended below. g. An overhead canopy for the drive-through facility shall be allowed, except that such canopy shall not project more than four (4) feet from the wall of the building above the drive-through window and shall not exceed the width of the drive-through window by more than one (1) foot on each side. In no case, however, shall a drive-through facility have an overhead canopy that extends to cover the total length of a drive-through lane. As described earlier in this report, the `canopy' for the proposed drive-through consists of a false -balcony at the second -floor level of the building. The submitted plans, however, are not dimensioned: so, staff is recommending a condition that limits the size of the `balcony' to that prescribed for drive-through canopies. Staff concludes that the proposed drive-through facility meets the specific standards for this use as provided by Section 233.02 and is consistent with the recommendations and design guidelines of the Historic Kempsville Area Master Plan. Approval is recommended subject to the conditions below. CONDITIONS 1. With the exception of any modifications required by any of these conditions or as a result of development site plan review, the drive-through facility shall be located on the site substantially in conformance with that shown on the submitted concept plan, entitled "CONCEPTUAL SITE PLAN SHOWING LOCATION OF PROPOSED DRIVE-THROUGH," dated October 24, 2012, and prepared by WPL. Said plan has been exhibited to the City Council and is on file with the Department of Planning. 2. The drive-through window shall be located on the building in the location shown and in keeping with the design depicted on the two submitted building renderings, entitled "RENDERING OF REAR OF PROPOSED PHARMACY SHOWING LOCATION AND DESIGN OF PROPOSED CITY OF VIRGINIA BEACH — USE PERMIT Agenda Item D6 Page 4 DRIVE-THROUGH" and "RENDERING OF REAR AND SOUTH SIDES OF PROPOSED PHARMACY SHOWING LOCATION AND DESIGN OF PROPOSED DRIVE-THROUGH." Said renderings have been exhibited to the City Council and are on file with the Department of Planning. 3. Any loudspeaker or similar voice transmission device shall not be audible at any of the lot lines of the subject parcel. 4. The drive-through facility shall not be available for business between the hours of 10:00 a.m. and 10:00 p.m. 5. There shall be no signs on the building or anywhere on the parcel indicating the availability of drive-through service. Directional signs not visible from a public right-of-way may be utilized; however, such signs shall not be internally illuminated. 6. The 'balcony' canopy shown over the drive-through window in the building renderings referenced in Condition 2 shall not project more than four (4) feet from the wall of the building above the drive-through window and shall not exceed the width of the drive-through window by more than one (1) foot on each side. 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. CITY OF VIRGINIA BEACH USE PERMIT Agenda Item D6 Page 5 AERIAL PHOTOGRAPH OF SITE AND SURROUNDING AREA CITY OF VIRGINIA BEACH — USE PERMIT Agenda Item D6 Page 6 DAD WPL 211-0183 cimm_imigisonsi OCTOBER 24, 2012 o 30 60 R 120 CONCEPTUAL SITE PLAN SHOWING LOCATION OF PROPOSED DRIVE-THROUGH • i 8f: 1 r11; CITY OF VIRGINIA BEACH — USE PERMIT Agenda Item D6 Page 7 'r 4 View from Northwest (Singleton Way) looking to the Southeast (Princess Anne Road) RENDERING OF REAR OF PROPOSED PHARMACY SHOWING LOCATION AND DESIGN OF PROPOSED DRIVE-THROUGH CITY OF VIRGINIA BEACH — USE PERMIT Agenda Item D6 Page 8 View from Southwest (Princess Anne Road) looking to the Northeast and rear of building (building front is on Witchduck Road - site plan on previous pages) bRivC''t44'R4KFf RENDERING OF REAR AND SOUTH SIDES OF PROPOSED PHARMACY SHOWING LOCATION AND DESIGN OF PROPOSED DRIVE-THROUGH CITY OF VIRGINIA BEACH - USE PERMIT Agenda Item D6 Page 9 KEMPSVILLE Map D-7 gap of to Scale City of Vir ' 'nia Beach Y •Zoning with ConditionsiProffers. Open Space Promotion CUP for Drive Through Associated with a Drugstore All propenies in this map are within the Historical Kempsville Overlay ZONING HISTORY # DATE REQUEST ACTION 1 08/27/2013 Change of Zoning (Various Zoning Districts to B -4K [HK]) Approved 2 04/10/2012 Change of Zoning (R-7.5, 0-2, & B -1A to B4K [HK]) Approved Conditional Use Permit (Multifamily Dwellings) Approved 3 04/10/2012 Street Closure Approved 4 04/10/2012 Change of Zoning (B-2 to B -4K [HK]) Approved 02/28/2012 Floodplain Variance Approved 5 02/28/2012 Change of Zoning (R-10 to P-1 Preservation) Approved 6 12/11/2001 Conditional Use Permit (Expansion of Religious Facility) Approved 7 10/15/1999 Use Permit (Addition to Religious Facility) Approved 8 08/03/2009 12/07/1999 Change of Zoning (Conditional B-2 &I-1 to Conditional B-2) Approved Conditional Use Permit (Religious Facility) Approved Change of Zoning (B-2 & R -5D to Conditional B-2 &I-1) Approved CITY OF VIRGINIA BEACH — USE PERMIT Agenda Item D6 Page 10 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) City of Virginia Beach 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) (same) 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 e u •loyee of City of Virginia Beach have an interest in the subject land? Yes 1 No If yes, what is the name of the official or employee and the nature of their interest? DISCLOSURE STATEMENT CITY OF VIRGINIA BEACH USE PERMIT Agenda Item D6 Page 11 III 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) WPL S.L. Nusbaum 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 the site for purposes of processing and evaluating this application. Ap licant's Signature lir e¢T S. AsetttaT Print NameS 5,�� Property Owner's Signature (if different than applicant) Print Name DISCLOSURE STATEMENT CITY OF VIRGINIA BEACH - USE PERMIT Agenda Item D6 Page 12 Item D6 City of Virginia Beach/SL Nusbaum Conditional Use Permit Northwest corner of Princess Anne Road & S. Witchduck Road District 2 Kempsville February 12, 2014 REGULAR An application of the City of Virginia Beach/S.L. Nusbaum for a Conditional Use Permit (Drive- through associated with a drugstore) on property located at Northwest corner of Princess Anne Road and S. Witchduck Road, District. GPIN: 14667838450000. CONDITIONS 1. With the exception of any modifications required by any of these conditions or as a result of development site plan review, the drive-through facility shall be located on the site substantially in conformance with that shown on the submitted concept plan, entitled "CONCEPTUAL SITE PLAN SHOWING LOCATION OF PROPOSED DRIVE-THROUGH," dated October 24, 2012, and prepared by WPL. Said plan has been exhibited to the City Council and is on file with the Department of Planning. 2. The drive-through window shall be located on the building in the location shown and in keeping with the design depicted on the two submitted building renderings, entitled "RENDERING OF REAR OF PROPOSED PHARMACY SHOWING LOCATION AND DESIGN OF PROPOSED DRIVE-THROUGH" and "RENDERING OF REAR AND SOUTH SIDES OF PROPOSED PHARMACY SHOWING LOCATION AND DESIGN OF PROPOSED DRIVE-THROUGH." Said renderings have been exhibited to the City Council and are on file with the Department of Planning. 3. Any loudspeaker or similar voice transmission device shall not be audible at any of the lot lines of the subject parcel. 4. The drive-through facility shall not be available for business between the hours of 10:00 a.m. and 10:00 p.m. 5. There shall be no signs on the building or anywhere on the parcel indicating the availability of drive-through service. Directional signs not visible from a public right-of-way may be utilized; however, such signs shall not be internally illuminated. 6. The 'balcony' canopy shown over the drive-through window in the building renderings referenced in Condition 2 shall not project more than four (4) feet from the wall of the Item D6 City of Virginia Beach/SL Nusbaum Page 2 building above the drive-through window and shall not exceed the width of the drive- through window by more than one (1) foot on each side. A motion was made by Commissioner Thornton and was seconded by Commissioner Horsley to approved item D6. Commissioner Ripley and Commissioner Weiner both abstained from the voting, each noting that he had potential or actual conflicts. AYE 8 NAY 0 ABS 2 ABSENT 1 BROCKWELL AYE HODGSON AYE HORSLEY AYE INMAN AYE OLIVER AYE REDMOND AYE RIPLEY RUCINSKI RUSSO AYE THORNTON AYE WEINER ABS ABS ABSENT By a vote of 8-0-2, with the abstentions so noted, the Commission approved item D6. Clay Bernick and Eddie Bourdon appeared before the Commission. L. APPOINTMENTS TASKFORCE TO STUDY THE ELDERLY and DISABLED REAL ESTATE TAX RELIEF M UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT ******************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ******************************* ............................................................................... NOVEMBER COUNCIL MEETING SCHEDULE NOVEMBER 4TH - RESCHEDULED TO NOVEMBER 25TH NOVEMBER 11TH - CANCELLED VML REGIONAL DINNER November 6, 2014 Cost - $35.00 Reception 6:00 PM Dinner 6:30 PM Program 7:00 PM 4525 Main Street Suite 700 Town Center CITY COUNCIL COMMUNITY CONVERSATION CONVENTION CENTER MEETING ROOMS 2nd FLOOR 6:30 — 8:00 PM MONDAY, NOVEMBER 24, 2014 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 Dur - Tuesday, November 11 Thanksgiving Dc{v and Day after Thanksgiving — Thursday, November 27 and Friday, November 28 Christmas Eve (half-day) - Wednesday, December 24 Christmas Dar - Thursday, December 25