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HomeMy WebLinkAboutJUNE 2, 2015 AGENDA 1.1 CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL G 1N 'BEq c6t MAYOR WILLIAM D.SESSOMS,JR.,At-Large ..0%•- ;;.-----.�,':, L VICE MAYOR LOUIS R.JONES,Bayside-District 4p ..-c �p M.BENJAMIN DAVENPORT,At Large N '/ ROBERT M DYER,Centerville-District 1 BARBARA M.HENLEY,Princess Anne-District 7 r " SHANNON DS KANE,Rose Hall-District 3 e JOHN D.MOSS,At Large `y f: a AMELIA ROSS-HAMMOND,Kempsville-District 2 JOHN E.UHRIN,Beach-District 6 °` °°.uat°" ROSEMARY WILSON,At-Large JAMES L. WOOD,Lynnhaven-District 5 CITY HALL BUILDING CITY COUNCIL APPOINTEES 2401 COURTHOUSE DRIVE CITY MANAGER-JAMES K.SPORE VIRGINIA BEACH, VIRGINIA 23456-9005 CITY A7TORNEY-MARK D.STILES CITY COUNCIL AGENDA PHONE:(757)385-4303 CITY ASSESSOR-JERALD D.BANAGAN FAX(757)385-5669 CITY AUDITOR-LYNDONS.REMIAS 2 June 2015 E-MAIL:Ctycncl@vbgov.com CITY CLERK--RUTH HODGES FRASER,MMC MAYOR WILLIAM D. SESSOMS,JR. PRESIDING I. CITY MANAGER'S BRIEFING - Conference Room - 4 :00 PM 1. DIX CREEK NEIGHBORHOOD SSD Phillip Roehrs, Public Works II. CITY COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - Conference Room - 4:30 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Tommy Taylor Pastor - Retired 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 May 19, 2015 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. MAYOR'S PRESENTATIONS 1. RESOLUTION —Senator Jeffrey McWaters Day Senator Jeffrey and Mrs. McWaters I. ORDINANCES/RESOLUTIONS 1. Resolution to REQUEST assistance of the Virginia Beach Development Authority (VBDA) re the sale of Public Facility Revenue Bonds, Series 2015A in the maximum amount of$52-Million and Refunding Revenue Bonds, Series 2015B in the amount of$45-Million 2. Resolution to ENDORSE the Deferred Compensation Investment Policy as approved by the Deferred Compensation Board 3. Resolution to GRANT permits re Emergency Medical Services: a. American Lifeline Medical Transport, Inc b. American Medical Response Mid-Atlantic, Inc. c. Cardinal Ambulance Services, Inc. d. Chidren's Hospital of the King's Daughters e. Eagle Medical Transports, LLC f. Emergency Medical Response LLC g. Medical Transport, LLC h. Mid-Atlantic Regional Ambulance, Inc. i. Nightingale Air Ambulance j. Reliance Medical Transport k. Robbie's Ambulance Service, Inc. 1. Special Event Providers of Emergency Medicine m. Swift Medical Transport n. Tidewater Medical Transport, LLC 4. Ordinance to EXECUTE a Design Agreement re Lynnhaven River Basin Ecosystem Restoration 5. Ordinances to ACCEPT and APPROPRIATE: a. $174,457 in Insurance Recovery Revenue re "IT Service Continuity" b. $ 50,000 from the Virginia Department of Fire Programs re training equipment J. PLANNING 1. JEFFREY A. and SUZANNE BREIT for a change in a Non-Conforming Use re structure enlargement at 608 Linkhorn Drive DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 2. THOMAS R. and JOAN G. ECKERT for a Conditional Change of Zoning from R-7.5 Residential to Conditional PD-H2 Planned Development, R-5D Residential and Conditional B- 1A Business re office and residential use at 4444 Shore Drive (Deferred May 5, 2015) DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 3. Ordinance to AMEND §§ 4.3, 4.9, 5.1 and 6.1 of the Floodplain Ordinance re Recreational Resort Communities RECOMMENDATION: APPROVAL 4. Ordinances to GRANT extensions for satisfying conditions of Street Closures granted June 17, 2014: a. Former Oakmears Crescent now part of relocated Princess Anne Road b. Unimproved right-of-way of Oakmears Crescent DISTRICT 2 - KEMPSVILLE RECOMMENDATION: APPROVAL K. APPOINTMENTS ARTS and HUMANITIES COMMISSION BAYFRONT ADVISORY COMMISSION BEACHES and WATERWAYS ADVISORY COMMISSION CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD—CSB PERSONNEL BOARD PROCESS IMPROVEMENT STEERING COMMITTEE PUBLIC LIBRARY BOARD TIDEWATER COMMUNITY COLLEGE BOARD TOWING ADVISORY BOARD L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT PUBLIC COMMENT Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers ********************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ******************************* 6/2/15-ST I. CITY MANAGER'S BRIEFING - Conference Room - 4 :00 PM 1. DIX CREEK NEIGHBORHOOD SSD Phillip Roehrs, Public Works II. CITY COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. CITY COUNCIL AGENDA REVIEW V. INFORMAL SESSION - Conference Room - 4:30 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. CITY COUNCIL ROLL CALL C. RECESS TO CLOSED SESSION II i VI. FORMAL SESSION - City Council Chamber- 6:00 PM A. CALL TO ORDER—Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend Tommy Taylor Pastor - Retired 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 May 19, 2015 G. FORMAL SESSION AGENDA 1. CONSENT AGENDA H. MAYOR'S PRESENTATIONS 1. RESOLUTION — Senator Jeffrey McWaters Day Senator Jeffrey and Mrs. McWaters HI F.^`�A BicA n 1.� �� �� te y ..,-i.',----1„.)--.1/ v of out\? `.F Yy RESOLUTION WXcERE,aS: Senator Jeff L. Mc'Waters is a Kentucky native, who worked his way through the 'University of Kentucky,and is a very successfutentrepreneur;and WI-PERMS: Ife is President and CEO of"Value Options"and one of the founders ofAmerigroup, a company that grew from a garage space to become a(Fortune 300 Corporation;and ZVIFERMS: Amerigroup's Ifeadquarters are in'Virginia Beach and employed over 1,700 before it was absorbed by Anthem,Inc.;and WI-PERMS: Senator Mc'Waters has been a proud resident of Virginia Beach for many years;and WHEREAS: Jeff.%t-Waters was elected to the Senate of'Virginia suc years ago to fill out the term of Senator Ken Stolle;and '4'I[EEcR,E)4S: Ile was re-electedfor a fullfour year term in 2011;and ' WIERMS: Senator Mc'Waters has gone on to serve with distinction in the oldest, continuous legislative body in the New'World;and WI[ERM S: I-fe has been a defender of businesses, the environment, taxpayers and the City of Virginia Beaclz, and WI-PERMS: Ile also introduced the ban of the use of plastic bags, which are shown to be injurious to the environment;and WIi RMS: Jeff McWaters is a talented percussionist and singer with the band"Guava Jam,•"and WI-PERMS: Jeff Mc'Waters has served as'Vice Rector of the College of William and Mary and was a founder of Trinity Church in'Virginia Beach;and WI-PERMS: lfe worked both in front of and behind the scenes to protect and advance the needs of the City of 'Virginia Beach;and WXE MS: Senator.1,lc'Waters has decided not to run for re-election in the 2015 GeneralElection. NOW, 'TJfEUTO'1E, BE IT 1W SOLVEcD: 'That the Virginia Beach City Council-congratulates Senator Jeffrey Mc'Waters for his entrepreneurship, his citizenship,and his leadership. The Virginia Beach City Council is thankful-for his counsel-and the City's behalf,arid as a Virginian. OE IT FV'R`I'T[((ER RF SOL'VEtD: That the Second day of June 2015 is recognized as: Senator Jeffrey .McWaters Day Given under our hands and seal this Second day of June Two glwusand'F freen. / , D �.„.„.4 „ /• A L L .,.,, ! . o cdman(Ben(Da enport led irrii" ob"Dyer Council Lady Barbara Xeniey 1 rnillIP � s.U, :.. . V _.._. ---..7::" , Coua ' :a. Sb'nnon'Kane Co!? ./ ,n lo n4y.,Moss unci .ady'Dr.Amelia 9..1Zoss-7Cammmnd 4/ L . _:_1. 4&_ ��A.4 Coo,[Man John E. 1 h tn'l �Coun .l"Lady ljosema o _ Cou ciCmat Sa es G. Wood • �L i(si�/ijG� / Vice Mayor Louis X,'ones Mayor'Wiaam(D. "Will'Sessorns I. ORDINANCES/RESOLUTIONS 1. Resolution to REQUEST assistance of the Virginia Beach Development Authority (VBDA) re the sale of Public Facility Revenue Bonds, Series 2015A in the maximum amount of$52-Million and Refunding Revenue Bonds, Series 2015B in the amount of$45-Million 2. Resolution to ENDORSE the Deferred Compensation Investment Policy as approved by the Deferred Compensation Board 3. Resolution to GRANT permits re Emergency Medical Services: a. American Lifeline Medical Transport, Inc b. American Medical Response Mid-Atlantic, Inc. c. Cardinal Ambulance Services, Inc. d. Chidren's Hospital of the King's Daughters e. Eagle Medical Transports, LLC f. Emergency Medical Response LLC g. Medical Transport, LLC h. Mid-Atlantic Regional Ambulance, Inc. i. Nightingale Air Ambulance j. Reliance Medical Transport k. Robbie's Ambulance Service, Inc. 1. Special Event Providers of Emergency Medicine m. Swift Medical Transport n. Tidewater Medical Transport, LLC 4. Ordinance to EXECUTE a Design Agreement re Lynnhaven River Basin Ecosystem Restoration 5. Ordinances to ACCEPT and APPROPRIATE: a. $174,457 in Insurance Recovery Revenue re "IT Service Continuity" b. $ 50,000 from the Virginia Department of Fire Programs re training equipment 11 CN 1 AP„-'C z fur sb1 .yr CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: Resolution Approving a Plan of Financing with the City of Virginia Beach Development Authority, Approving Certain Documents Prepared in Connection with Such Financing and Authorizing the Execution and Delivery of the Same MEETING DATE: June 2, 2015 • Background: City Council through the Capital Improvement Program and Tax Increment Financing Program has previously authorized the financing of various public facilities with the utilization of Public Facility Revenue Bonds (PFRB) through the Virginia Beach Development Authority (VBDA). On eight occasions — 2002, 2003, 2005, 2007, 2010, 2012, 2013, and 2014 — the VBDA has issued bonds for such projects as the Convention Center, Town Center Garages, Aquarium Parking, and various other City and Schools capital projects. This request includes both "new money" and a refunding. The new money projects are listed in an attachment to this item in an amount not to exceed $52.0 million. With regard to refunding, the current interest rate environment allows the possibility of refunding all or portions of the 2007 PFRBs in an amount up to $45 million. Provided the current municipal bond market conditions continue, the refunding sale is estimated to provide significant debt service savings. The exact amount and coupons of the issue to be refunded will be determined at a time closer to the sale date. • Considerations: At its meeting on May 19, 2015, the VBDA approved a resolution for the issuance and sale of this debt conditioned upon Council's approval of the attached resolution. As with the previous series, the 2015 series will be issued under the Master Agreement of Trust with an Eighth Supplemental Agreement. Under the plan of financing, a Seventh Supplemental Support Agreement between VBDA and the City will outline the City's annual payments to VBDA in amounts sufficient to pay the debt service on the bonds. The new-money PFRB bonds and refunding bonds will be sold electronically, by competitive bid on June 10, 2015, on such terms as are satisfactory to the City Manager, provided that the bonds shall have a true interest cost not to exceed 4.0%. The final terms of the bond sale will be reported to City Council shortly after pricing. • Public Information: Public information will be handled through the normal Council agenda process. Additionally, the Resolution authorizes a distribution of the Preliminary Official Statement for marketing purposes, and a Notice of Sale will be placed in The Bond Buyer. 1 • Alternatives: This request follows previously approved funding sources in previous Capital Budgets. Because the City will issue this debt on a reimbursement basis, an alternative funding source would be required if the use of PFRB financing is not approved, and there are no alternative funding sources at this time. • Attachments: Resolution; Project List; Draft of Eighth Supplemental Trust Agreement; and Draft of Seventh Supplemental Support Agreement Recommended Action: Approval t Submitting Dep. me. ' gency: Finance . Lkilkirvt City Manager: . _,•t� OGS RESOLUTION APPROVING A PLAN OF FINANCING WITH THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY, APPROVING CERTAIN DOCUMENTS PREPARED IN CONNECTION WITH SUCH FINANCING AND AUTHORIZING THE EXECUTION AND DELIVERY OF THE SAME WHEREAS, the City of Virginia Beach, Virginia (the "City") desires to undertake, in connection with the City of Virginia Beach Development Authority (the "Authority"), the financing from time to time of projects for the acquisition, construction, renewal, upgrade, replacement and other improvements for various public facilities and equipment, including projects for public buildings and structures; public school facilities; public streets and roads and related infrastructure; computer and information technology systems; energy management and heating ventilation and cooling systems; communications systems and related hardware and software; public parks and other recreational facilities; and funding for strategic growth area programs (collectively, the "2015 Projects"); and WHEREAS, the City further desires to achieve debt service savings by refinancing certain of the Public Facility Revenue Bonds, Series 2007A (the "Prior Bonds") previously issued by the Authority on behalf of the City to finance various public facilities; and WHEREAS, the Authority, pursuant to Chapter 643 of the Virginia Acts of Assembly of 1964, as amended (the "Act"), under which it is created, is authorized to acquire, improve, maintain, equip, own, lease and dispose of"Authority facilities," as defined in the act, to finance or refinance such facilities, to issue its revenue bonds, notes and other obligations from time to time for such purposes and to pledge all or any part of its assets, whether then owned or thereafter acquired, as security for the payment of the principal of and interest on any such obligations; and WHEREAS, in furtherance of the purposes of the Act, the City requests the Authority's assistance through the issuance of its Public Facility Revenue Bonds, Series 2015A in the maximum principal amount of$52,000,000 (the "Series 2015A Bonds") and its Public Facility Refunding Revenue Bonds, Series 2015B in the maximum principal amount of$45,000,000 (the "Series 2015B Bonds" and collectively with the Series 2015A Bonds, the "Series 2015 Bonds") in financing the 2015 Projects, refinancing all or a portion of the Prior Bonds and paying costs of issuing the Series 2015 Bonds; and WHEREAS, the City desires to complete the financing of the 2015 Projects and refunding of the Prior Bonds within the current fiscal year ending June 30, and in furtherance of such objective, the Authority at its May 19, 2015 meeting, upon presentation of the City's proposed financing plan by representatives of the City, approved the issuance of the Series 2015 Bonds for such purposes, subject to approval of the financing plan by the City Council of the City(the "City Council"); and WHEREAS, there have been provided or made available to City Council of the City drafts of the following documents (the "Documents"), proposed in connection with the undertaking of the 2015 Projects, the refunding of the Prior Bonds and the issuance and sale of the Series 2015 Bonds, which Documents were provided to the Authority in connection with the 11 Authority's approval: (a) Eighth Supplemental Agreement of Trust draft dated June 1, 2015 (the "Eighth Supplemental Agreement"), supplementing the Agreement of Trust dated as of September 1, 2003, as previously supplemented, including the form of the Series 2015 Bonds (collectively, the "Trust Agreement"), all between the Authority and U.S. Bank National Association (successor to Wachovia Bank, National Association), as successor trustee (the "Trustee"), pursuant to which the Series 2015 Bonds are to be issued and which is to be acknowledged and consented to by the City; (b) Seventh Supplemental Support Agreement draft dated June 1, 2015, supplementing and amending the Support Agreement dated as of September 1, 2003, as previously supplemented and amended (the "Support Agreement"), all between the Authority and the City pursuant to which the City will make annual payments to the Authority in amounts sufficient to pay the principal of and interest on the Series 2015 Bonds; (c) Preliminary Official Statement draft dated May 15, 2015, of the Authority relating to the public offering of the Series 2015 Bonds (the Preliminary Official Statement"); and (d) Continuing Disclosure Agreement draft dated June 1, 2015, the form of which is appended to the Preliminary Official Statement, pursuant to which the City agrees to undertake certain continuing disclosure obligations with respect to the Series 2015 Bonds; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH,VIRGINIA: 1. The following plan for financing the 2015 Projects and refunding the Prior Bonds is hereby approved. (a) The Authority will issue the Series 2015 Bonds in a maximum aggregate principal amount not to exceed $97,000,000, of which not more than $52,000,000 will be used for the 2015 Projects and not more than $45,000,000 will be used for refunding the Prior Bonds. The Authority will use the proceeds of the Series 2015 Bonds to finance the costs of the 2015 Projects, to refund the Prior Bonds within the limitations set forth in paragraph (b) and Section 4 below and at the election of the City Manager to pay all or a portion of the costs of issuance of the Series 2015 Bonds. Pursuant to the Support Agreement, the City will make Annual Payments and Additional Payments (as each is defined in the Support Agreement) to the Authority in amounts sufficient to amortize the Series 2015 Bonds and to pay the fees or expenses of the Authority and the Trustee. The obligation of the Authority to pay principal of and premium, if any, and interest on the Series 2015 Bonds will be limited to Annual Payments and Additional Payments received from the City. The Series 2015 Bonds will be secured by an assignment of the Annual Payments and certain Additional Payments due under the Support Agreement, all for the benefit of the holders of the Series 2015 Bonds. The undertaking by the City to make Annual Payments and Additional Payments will be subject to the City Council 2 fP making annual appropriations in amount sufficient for such purposes. The plan of financing for the 2015 Projects shall contain such additional requirements and provisions as may be approved by the City. (b) In connection with the refunding of the Prior Bonds, the City Manager is authorized and directed to select the principal maturities of the Prior Bonds or portions of such maturities to be refunded and, working with the Authority, to cause to be called for optional redemption any such maturity or portion thereof to be redeemed prior to its stated maturity in accordance with the provisions of such bonds; provided such maturities or portions thereof selected are expected in the aggregate to provide a minimum savings of 3.0% on a net present value basis as determined by the City's financial advisor, Public Resources Advisory Group (the "Financial Advisor"). In connection with the refunding herein authorized, the City Manager, if determined necessary or appropriate in consultation with the Financial Advisor, is authorized to retain the services of independent consultants to provide verification reports (the "Verification Agent") on aspects of the refunding and is further authorized to retain the services of one or more escrow agents (the "Escrow Agent") and to enter into escrow agreements with them to the extent needed to hold portions of the proceeds of the Series 2015 Bonds, defeasance securities purchased with such proceeds and other funds as needed pending their application to refund the Prior Bonds or portions thereof selected to be refunded. 2. The City Council, while recognizing that it is not empowered to make any binding commitment to make appropriations beyond the current fiscal year, hereby states its intent to make annual appropriations in future fiscal years in amounts sufficient to make all payments due under the Support Agreement and hereby recommends that future City Councils do likewise during the term of the Support Agreement. 3. The City Manager is hereby authorized to execute the Documents, which shall be in substantially the forms provided or made available to City Council, which are hereby approved, with such completions, omissions, insertions and changes, including changes to the dates thereof, not inconsistent with this Resolution as may be approved by the City Manager, his execution to constitute conclusive evidence of his approval of any such completions, omissions, insertions and changes. 4. (a) In making completions to the Support Agreement, the City Manager, in collaboration with the Financial Advisor, shall provide for Annual Payments in amounts equivalent to, and at all times sufficient to make, the payments on the Series 2015 Bonds, which shall be sold to the purchaser or purchasers thereof on terms as shall be satisfactory to the City Manager; provided for a combined sale of the Series 2015A Bonds and Series 2015B Bonds or upon a separate sale of the Series 2015A Bonds, such bonds (i) shall mature not later than December 1, 2035, (ii) have a true or "Canadian" interest cost not exceeding 4.00% (taking into account any original issue discount and premium), (iii) be sold to the purchaser or purchasers thereof at a price not less than par or 100% of the aggregate principal amount thereof and (iv) shall be subject to optional redemption beginning no later than and continuing after December 1, 2025, at an optional redemption price of no more than 102% of the principal amount to be redeemed plus accrued interest to the optional redemption date. (b) In the event the City Manager determines in consultation with the Financial Advisor that it is in the best interest of the City to provide for a separate sale of the 3 11 Series 2015B Bonds for the refunding of the Prior Bonds, then with respect to such separately sold Series 2015B Bonds, such bonds (i) shall mature not later than the final maturity date of the Prior Bonds being refunded, (ii) have a true or "Canadian" interest cost not exceeding 3.50% (taking into account any original issue discount and premium), (iii) be sold to the purchaser or purchasers thereof at a price not less than par or 100% of the aggregate principal amount thereof and (iv) shall be subject to optional redemption beginning no later than and continuing after December 1, 2025, at an optional redemption price of no more than 102% of the principal amount to be redeemed plus accrued interest to the optional redemption date. (c) The City Manager is further authorized to approve the principal amounts, maturity schedules and interest payment dates, including determination of any serial maturities and any term maturities, for the Series 2015 Bonds and, in consultation with the Financial Advisor, to provide for the issuance of the Series 2015 Bonds in one or more series at the same time or at different times as tax-exempt or taxable obligations, with appropriate series designations, as the City Manager determines to be necessary or appropriate and in the best interest of the City. (d) The Series 2015 Bonds shall be sold by competitive bid in one or more series in the principal amount determined by the City Manager, in collaboration with the Financial Advisor, and the City Manager shall receive bids and award the Series 2015 Bonds to the bidder providing the lowest "true" or "Canadian" interest cost, subject to the limitations set forth in the paragraphs above. Following the sale of the Series 2015 Bonds, the City Manager shall file a certificate with the City Clerk setting forth the final terms of the Series 2015 Bonds. The actions of the City Manager in approving the terms of the Series 2015 Bonds shall be conclusive, and no further action shall be necessary on the part of the City Council. 5. The Preliminary Official Statement in the form provided or made available to City Council is approved with respect to the information contained therein pertaining to the City. The Preliminary Official Statement in form deemed to be "near final," within the meaning of Rule 15c2-12 of the Securities and Exchange Commission (the "Rule"), with such completions, omissions, insertions and changes not inconsistent with this Resolution as may be approved by the City Manager is authorized to be distributed in connection with the marketing and sale of the Series 2015 Bonds. Such distribution shall constitute conclusive evidence that the City has deemed the Preliminary Official Statement to be final as of its date within the meaning of the Rule, with respect to the information therein pertaining to the City. The City Manager is authorized and directed to approve such completions, omissions, insertions and other changes to the Preliminary Official Statement that are necessary to reflect the terms of the sale of the Series 2015 Bonds, within the limitations as set forth in Section 4, and the details thereof and that are appropriate to complete it as an official statement in final form (the "Official Statement") and distribution thereof to the purchaser or purchasers of the Series 2015 Bonds shall constitute conclusive evidence that the City has deemed the Official Statement final as of its date within the meaning of the Rule. 6. The City covenants that it shall not take or omit to take any action the taking or omission of which shall cause the Series 2015 Bonds to be "arbitrage bonds" within the meaning of Section 148 of the Internal Revenue Code of 1986, as amended (the "Code), and regulations thereunder, or otherwise cause interest on the Series 2015 Bonds to be includable in the gross income for Federal income tax purposes of the registered owners thereof under existing law. 4 Without limiting the generality of the foregoing, the City shall comply with any provision of law that may require the City at any time to rebate to the Unites States.of America any part of the earnings derived from the investment of the gross proceeds of the Series 2015 Bonds. The City shall pay from its legally available general funds any amount required to be rebated to the United States of America pursuant to the Code. 7. To ensure compliance with federal tax law after the Series 2015 Bonds are issued, the City Manager, Director of Finance and other officers of the City are authorized and directed to apply the Post-Issuance Compliance Policies and Procedures adopted by Council on March 13, 2012 to monitor the use of the proceeds of the Series 2015 Bonds, including the use of the projects financed and refinanced with such proceeds, and to monitor compliance with arbitrage yield restriction and rebate requirements. 8. The Director of Finance is authorized to direct the City Treasurer to utilize the State Non-Arbitrage Program of the Commonwealth of Virginia ("SNAP") in connection with the investment of the proceeds of the Series 2015 Bonds, if the City Manager and the Director of Finance determine that the utilization of SNAP is in the best interest of the City. The City Council acknowledges that the Treasury Board of the Commonwealth of Virginia is not, and shall not be, in any way liable to the City in connection with SNAP, except as otherwise provided in the SNAP Contract. 9. Any authorization herein to execute a document shall include authorization to deliver it to the other parties thereto and to record such document where appropriate. 10. All other acts of the City Manager, the Director of Finance and other officers of the City that are in conformity with the purposes and intent of this Resolution and in furtherance of the issuance and sale of the Series 2015 Bonds, the undertaking of the 2015 Projects and the refinancing of the Prior Bonds are hereby approved and ratified, including all actions taken by officers of the City concerning the payment of administrative fees by the City to the Authority in connection with the Series 2015 Bonds and all other public facility revenue bonds. The City Manager is authorized to prepare, modify or amend such documents and agreements as may be required to evidence the approval of such other actions. 11. The City Manager is authorized and directed to cause a certified copy of this Resolution to be filed with the Authority to evidence the City Council's request for assistance and approval of the plan of financing for the 2015 Projects and refinancing of the Prior Bonds through the issuance by the Authority of the Series 2015 Bonds. 12. This Resolution shall take effect immediately. 5 Adopted by the City Council of the City of Virginia Beach, Virginia, this day of June, 2015. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICI • • Finance Department City Atto re-. rfi t- CA13357 R-1 May 18,2015 6 CERTIFICATE The undersigned Clerk of the City Council of the City of Virginia Beach, Virginia (the "City Council"), certifies that: 1. A meeting of the City Council was held on June _, 2015, at the time and place established and noticed by the City Council, at which the members of the City Council were present or absent as noted below. The foregoing Resolution was adopted by a majority of the members of the City Council, by a roll call vote, the ayes and nays being recorded in the minutes of the meeting as shown below: PRESENT/ABSENT: VOTE: William D. Sessoms, Jr., Mayor Louis R. Jones, Vice Mayor M. Benjamin Davenport Robert M. Dyer Barbara M. Henley Shannon DS Kane John D. Moss Amelia N. Ross-Hammond John E. Uhrin Rosemary Wilson James L. Wood 2. The foregoing Resolution is a true and correct copy of such Resolution as adopted on June _, 2015. The foregoing Resolution has not been repealed, revoked, rescinded or amended and is in full force and effect on the date hereof. WITNESS my signature and the seal of the City of Virginia Beach, Virginia, this day of June, 2015. Clerk, City Council of the City of Virginia Beach, Virginia (SEAL) 4816-3288-4771.3 7 Project/ FY-15 PFRB Fund Project Name Description Financing Number 2-025 Witchduck Road - This project will improve capacity needs and $3,919,196 Phase II mobility demands in this area of the City. Traffic volumes per day are anticipated to reach 64,000 by 2034. 2-033 Princess Anne Rd This project is for the construction of safety $43,524 - Phase VIIA improvements on Princess Anne Road from Sand- bridge Road/Upton Dr.to Indian River Rd., including shoulder widening, additional turn lanes, underground utility relocations and drainage improvements. 2-045 Pacific Avenue This project provides for the improvements to $7,713,767 Improvements Pacific Avenue between 15th Street and 23rd street within the existing right-of-way,to include Under-grounding of existing overhead utilities and public utility upgrades. In addition, new LED street lighting and traffic light signal mast arms will be installed. 2-072 First Colonial This project will improve the First Colonial Rd/Va. $499,764 Rd/Va. Beach Beach Blvd intersection with the addition of turn Blvd. Intersection lanes and traffic signalization improvements, Improvements widening areas of First Colonial Rd.from 1-264 overpass to 1,000 feet south of Potters Road along Oceana Blvd from four lanes to six lanes. 2-195 Princess Anne Rd This project is for construction of a four-lane divided $2,899,643 - Phase VIIA roadway with a bike path,from General Booth Blvd to Upton Dr., a distance of approximately 1.0 mile. Improvements at the intersections of General Booth Blvd, Elson Green Ave. and Upton Dr./Sandbridge Rd. are included as well as aesthetic upgrades. 2-401 Greenwich Road This is the first phase of overall eastbound 1-264 $894,808 Crossover/Cleve- interstate improvements. Relocating the existing and St. Greenwich Road into the existing Cleveland Improvements Street/Clearfield Avenue intersection. This project will be designed and constructed in three phases. 2-409 Centerville This project will provide two southbound lanes on $287,266 Turnpike— Centerville Turnpike and Jake Sears Road to Phase II Broadwindsor Lane as well as triple left turn lane at intersection of Indian River Road and Centerville Turnpike. Part of a future six-lane section of the roadway. 1 Project/ FY-15 PFRB Fund Project Name Description Financing Number 3-019 Adam This project will expand the Adam Throughgood $70,783 Thoroughgood House site with the construction of a 3,000 square House Visitor foot building,that will include ADA compliant public Center rest rooms, a small gift shop, a video viewing area Construction for mobility impaired patrons, an office for staff, collections storage, and an exhibit/education space. 3-095 CIT-Police This project implements the Criminal Justice $209,417 Integrated Public Automated Systems Analysis. It is an integrated Safety Record Public Safety Record Management System Mgmt Sys comprising mobile and electronic summons components and enhanced interfacing between the City's public safety agencies and State, Federal,and regional public safety systems. 3-137 Various Buildings This project provides rehabilitation and renewal of $943,753 Rehabilitation interior and exterior systems for City owned and Renewal Ill buildings/facilities. It addresses a backlog of original roofs, which were installed from 1968 to 1984. It excludes roofs for fire stations and parks and recreations facilities, which are included in separate projects. It includes rehabilitation and replacement of the Fire Training Center's existing facility and libraries. 3-142 CIT-Com Communications infrastructure including radios, $10,693,134 Infrastructure computer aided dispatch workstations,transmitter Replacement— sites, public safety vehicle mobile computer Phase II terminals and hardware. 3-200 Revenue This project provides for a comprehensive and $163,552 Assessment and coordinated replacement of computer systems Collection System currently used to support tax revenue and collection. 3-503 Housing Resource This project is to construct an approximately $287,994 Center 43,000 square foot Housing Resource Center that would provide shelter and services to homeless persons and those at risk of homelessness. In addition, some services may be available for the general community. 4-505 Modernization of This project will fund the design and construction $3,530,192 Bow Creek costs required to tear down and rebuild the Bow Community Rec Ctr. Creek Community Recreation Center and relocate certain storage facilities on the current site. 2 II I Project/ FY-15 PFRB Fund Project Name Description Financing Number 4-506 Parks Infrastructure This project funds the implementation of $745,307 Renewal and renovations, replacements in all City signature, Replacement metro,and community parks as well as special use sites totaling 1,100 acres throughout the City. 9-006 Winston-Salem Ave This project will provide funding for design, $255,881 Impry property acquisition and construction of a two- lane roadway with on-street parking and five feet wide sidewalks within a sixty foot right-of-way along Winston-Salem Ave. between Pacific Ave. and Mediterranean Ave. 9-007 Resort Public This project is for identification of sites and $156,612 Transit Relocation development of a Hampton Road Transit(HRT) Bus Transfer Station consisting of two bus shelters located on about one-half acre of land,which will be relocated due to the development of the City owned site on 19th St. and Pacific Ave.The project does not include the cost of property acquistions, if required. 9-081 Strategic Growth This project will provide planning and design $1,670,232 Area Program services, build or replace public infrastructure improvements, and acquire property as needed in order to support implementation of the Strategic Growth Area plans. In addition,the project will provide for consulting and SGA related initiatives. Priorities for the SGA implementation plan include Burton Station Village design and construction, Form Based Zoning, Newtown SGA Plan, and Wesleyan Drive Improvements. 9-085 Burton Station Road This project will provide basic and long needed $35,363 Improvements- Ph utility services and standard roadway II improvements including curb and gutter, sidewalk and streetlights necessary to preserve and revitalize the existing residential community consistent with the phasing and implementation goals recommended in the adopted Burton Station/Northampton Boulevard Corridor Strategic Growth Area Implementation plan. 3 Project/ FY-15 PFRB Fund Project Name Description Financing Number 9-091 Burton Station Road The purpose of this project is to provide a $26,259 Improvements—Ph connection between Burton Station Road and Air III Rail Drive via an extension of Tolliver Road (formerly called Golf Course Road)to provide infrastructure necessary to promote future development consistent with the phasing and implementation goals recommended in the adopted Burton Station/Northampton Boulevard Corridor Strategic Growth Area Implementation plan. 9-096 Oceanfront Capital This project provides on-going funding to reinvest $270,452 Projects in various high impact capital projects at the Reinvestment oceanfront. The primary focus of the project is to replace Atlantic Ave., side streets, and boardwalk lighting with energy efficient attractive LED lighting. The Lighting replacements are planned in phases over 10 years and are roughly estimated at$5 million with annual amounts to be programmed at$450,000. 9-108 29th St Impry This project provides funding for improvements $59,013 to 29th St. in the Resort Area as a continuation of the Laskin Road Gateway Project. The project area is 29th St.from Artic to Pacific Ave. and includes streetscape improvements including wide sidewalks and street trees, a new street with improved drainage, and undergrounding of overhead utilities. 1-233 Consolidated Old This project is for the replacement of Old $16,133,850 Donation Donation Center and Kemps Landing Magnet with Center/Kemps a consolidated facility. Old Donation Center, Landing Magnet originally built in 1965, and Kemps Landing Replacement Magnet, built in 1957, can no longer adequately house the required instructional programs and the facilities are in need of replacement.This project will extend the useful life of the facility by 40 to 50 years. TOTAL $51,509,762 4 SEVENTH SUPPLEMENTAL SUPPORT AGREEMENT , between CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY and CITY OF VIRGINIA BEACH,VIRGINIA Dated as of June 1, 2015 NOTE: THIS SEVENTH SUPPLEMENTAL SUPPORT AGREEMENT HAS BEEN ASSIGNED TO, AND IS SUBJECT TO A SECURITY INTEREST IN FAVOR OF, U.S. BANK NATIONAL ASSOCIATION, AS SUCCESSOR TRUSTEE UNDER AN AGREEMENT OF TRUST DATED AS OF SEPTEMBER 1, 2003, AS PREVIOUSLY SUPPLEMENTED AND AS FURTHER SUPPLEMENTED BY AN EIGHTH SUPPLEMENTAL AGREEMENT OF TRUST DATED AS OF JUNE 1, 2015, WITH THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY, AS AMENDED OR SUPPLEMENTED FROM TIME TO TIME. INFORMATION CONCERNING SUCH SECURITY INTEREST MAY BE OBTAINED FROM THE TRUSTEE AT RICHMOND,VIRGINIA. � SII THIS SEVENTH SUPPLEMENTAL SUPPORT AGREEMENT dated as of June 1, 2015,by and between the CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY, a political subdivision of the Commonwealth of Virginia (the "Authority"), and the CITY OF VIRGINIA BEACH,VIRGINIA, a political subdivision of the Commonwealth of Virginia(the "City"),provides: WITNESSETH: WHEREAS, the Authority is a political subdivision of the Commonwealth of Virginia duly created by Chapter 643 of the Virginia Acts of Assembly of 1694, as amended (the "Act"); and WHEREAS, the Act authorizes the Authority to acquire, improve, maintain, equip, own, lease and dispose of"Authority facilities," as defined in the Act,to finance or refinance and lease facilities for use by, among others, a city, to issue its revenue bonds, notes and other obligations from time to time for such purposes and to pledge all or any part of its assets, whether then owned or thereafter acquired, as security for the payment of the principal of and interest on any such obligations; and WHEREAS, the City desires to undertake a program of financing or refinancing the acquisition, construction and equipping of various public facilities that the City determines to undertake from time to time; and WHEREAS, in furtherance of the purposes of the Act, the City has requested the Authority to undertake one or more series of Projects (as defined in the Support Agreement, as hereinafter defined), and the Authority has determined to issue from time to time its public facility revenue bonds and to loan the proceeds thereof to the City to finance or refinance costs incurred in connection with such Projects and costs of issuing such bonds pursuant to the terms of an Agreement of Trust dated as of September 1, 2003 (the "Master Agreement of Trust"), between the Authority and U.S. Bank National Association (successor to Wachovia Bank, National Association), Richmond, Virginia, as successor trustee (the "Trustee"), as supplemented by the First Supplemental Agreement of Trust dated as of September 1, 2003, a Second Supplemental Agreement of Trust dated as of May 1, 2005, a Third Supplemental Agreement of Trust dated as of June 1, 2007, a Fourth Supplemental Agreement of Trust dated as of May 1, 2010, a Fifth Supplemental Agreement of Trust dated as of June 1, 2012, a Sixth Supplemental Agreement of Trust dated as of June 1, 2013, a Seventh Supplemental Agreement of Trust dated as of June 1, 2014 and an Eighth Supplemental Agreement of Trust dated as of June 1, 2015, all between the Authority and the Trustee (collectively, the "Agreement of Trust"); and WHEREAS, in furtherance of the purposes of the Act,Authority has agreed to loan from time to time proceeds of such bonds to the City, and the City has agreed to repay such loans, subject to appropriation by the City council of sufficient moneys for such purpose pursuant to a support agreement between the City and the Authority dated as of September 1, 2003 (the "Master Support Agreement"), as supplemented and amended by a First Supplemental Support Agreement dated as of May 1, 2005, a Second Supplemental Support Agreement dated as of June 1, 2007, a Third Supplemental Support Agreement dated as of May 1, 2010, a Fourth Supplemental Support Agreement dated as of June 1, 2012, a Fifth Supplemental Support Agreement dated as of June 1, 2013 and a Sixth Supplemental Support Agreement dated as of June 1, 2014; and WHEREAS, within the limitations and in compliance with the Agreement of Trust, the City has requested the Authority to issue a series of Public Facility Revenue Bonds in the aggregate principal amount of $ and a series of Public Facility Refunding Revenue Bonds in the aggregate principal amount of$ (collectively, the "Series 2015 Bonds") and to loan such proceeds to the City pursuant to the terms of this Seventh Supplemental Support Agreement to finance the cost of the Series 2015 Projects (as such term is hereinafter defined) and to refund certain of the Authority's Public Facility Revenue Bonds, Series 2007A previously issued by the Authority to assist the City in financing various public facilities; and WHEREAS, all acts, conditions and things required by law to happen, exist and be performed precedent to and in connection with the execution of and entering into this Seventh Supplemental Support Agreement have happened, exist and have been performed in regular and due time and in form and manner as required by law, and the parties hereto are now duly empowered to execute and enter into this Seventh Supplemental Support Agreement; NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter contained and other valuable consideration, the parties hereto covenant and agree as follows: ARTICLE I DEFINITIONS AND RULES OF CONSTRUCTION Section 1.1 Definitions. Unless otherwise defined in this Seventh Supplemental Support Agreement, all words used herein shall have the meanings assigned to such terms in the Agreement of Trust or the Master Support Agreement. The following words as used in this Seventh Supplemental Support Agreement shall have the following meanings unless a different meaning clearly appears from the context: "Agreement of Trust" shall mean the Agreement of Trust dated as of September 1, 2003, as previously supplemented, and as further supplemented by the Seventh Supplemental Agreement of Trust. "Basic Agreements" shall mean the Agreement of Trust and the Support Agreement. "Eighth Supplemental Agreement of Trust" shall mean the Eighth Supplemental Agreement of Trust dated as of June 1, 2015, between the Authority and the Trustee, which supplements the Agreement of Trust. 2 "Master Support Agreement" shall mean the Support Agreement dated as of September 1, 2003,between the Authority and the City. "Refunded Prior Bonds" shall mean the maturities of the Authority's Public Facility Revenue Bonds, Series 2007A described in the Eighth Supplemental Agreement of Trust. "Series 2015 Bonds" shall mean the Authority's $ Public Facility Revenue Bonds, Series 2015A and $ Public Facility Refunding Revenue Bonds, Series 2015B, authorized to be issued pursuant to the Eighth Supplemental Agreement of Trust. "Series 2015 Projects" shall mean the financing of the acquisition, construction and equipping of all or a portion of the projects as set forth on Exhibit B. "Series 2015 Arbitrage Rebate Fund" shall mean the fund established in section 6.1 "Seventh Supplemental Support Agreement" shall mean this Seventh Supplemental Support Agreement dated as of June 1, 2015, between the Authority and the City, which supplements the Master Support Agreement. "Support Agreement" shall mean the Master Support Agreement as previously supplemented and amended and as supplemented and amended by this Seventh Supplemental Support Agreement. Section 1.2 Rules of Construction. The following rules shall apply to the construction of this Seventh Supplemental Support Agreement unless the context otherwise requires: (a) Words importing the singular number shall include the plural number and vice versa. (b) Words importing the redemption or calling for redemption of Bonds shall not be deemed to refer to or connote the payment of Bonds at their stated maturity. (c) Unless otherwise indicated, all references herein to particular Articles or Sections are references to Articles or Sections of this Seventh Supplemental Support Agreement. (d) The headings herein and Table of Contents to this Seventh Supplemental Support Agreement herein are solely for convenience of reference and shall not constitute a part of this Seventh Supplemental Support Agreement nor shall they affect its meaning, construction or effect. (e) All references herein to payment of Bonds are references to payment of principal of and premium, if any, and interest on the Bonds. 3 I II i I ARTICLE II REPRESENTATIONS Section 2.1 Representations by Authority. The Authority makes the following representations: (a) The Authority is a political subdivision of the Commonwealth of Virginia duly created under the Act; (b) Pursuant to the Act, the Authority has full power and authority to enter into the Basic Agreements and to perform the transactions contemplated thereby and to carry out its obligations thereunder and by proper action has duly authorized, executed and delivered the Basic Agreements. (c) The execution, delivery and compliance by the Authority with the terms and conditions of the Basic Agreements will not conflict with or constitute or result in a default under or violation of, (1) any existing law, rule or regulation applicable to the Authority, or (2) any trust agreement, mortgage, deed of trust, lien, lease, contract, note, order, judgment, decree or other agreement, instrument or other restriction of any kind to which the Authority or any of its assets is subject; (d) No further approval, consent or withholding of objection on the part of any regulatory body or any official, Federal state or local, is required in connection with the execution or delivery of or compliance by the Authority with the terms and conditions of the Basic Agreements, except that no representation is made as to the applicability of any Federal or state securities laws; and (e) There is no litigation at law or in equity or any proceeding before any governmental agency involving the Authority pending or, the knowledge of the Authority, threatened with respect to (1) the creation and existence of the Authority, (2) its authority to execute and deliver the Basic Agreements, (3) the validity or enforceability of the Basic Agreements, or the Authority's performance of its obligations thereunder, (4) the title of any officer of the Authority executing the Basic Agreements, or (5) the ability of the Authority to issue and sell its bonds. Section 2.2 Representations by City. The City makes the following representations: (a) The City is a political subdivision of the Commonwealth of Virginia; (b) The City has full power and authority to enter into the Basic Agreements to which it is a party and to perform the transactions contemplated thereby and to carry out its obligations thereunder and by proper action has duly authorized, executed and delivered the Basic Agreements; 4 I II i I (c) The City is not in default in the payment of the principal of or interest on any of its indebtedness for borrowed money and is not in default under any instrument under or subject to which any indebtedness for borrowed money has been incurred, and no event has occurred and is continuing that with the lapse of time or the giving of notice, or both, would constitute or result in an event of default thereunder; (d) The City is not in default under or in violation of, and the execution, delivery and compliance by the City with the terms and conditions of the Basic Agreements to which it is a party will not conflict with or constitute or result in a default under or violation of, (1) any existing law, rule or regulation applicable to the City or (2) any trust agreement, mortgage, deed of trust, lien, lease, contract, note, order, judgment, decree or other agreement, instrument or restriction of any kind to which the City or any of its assets is subject, and no event has occurred and is continuing that with the lapse of time or the giving of notice, or both, would constitute or result in such a default or violation; (e) No further approval, consent or withholding of objection on the part of any regulatory body or any official, Federal, state or local, is required in connection with the execution or delivery of or compliance by the City with the terms and conditions of the Basic Agreements to which it is a party; and • (f) There is no litigation at law or in equity or any proceeding before any governmental agency involving the City pending or, to the knowledge of the City, threatened with respect to (1) the authority of the City to execute and deliver the Basic Agreements to which it is a party, (2) the validity or enforceability of the Basic Agreements or the City's performance Agreements, or(3) the ability of the City to undertake the Series 2015 Projects. ARTICLE III AGREEMENT TO ISSUE BONDS Section 3.1 Agreement to Issue Series 2015 Bonds. The Authority shall contemporaneously with the execution and delivery hereof proceed with the issuance and sale of the Series 2015 Bonds bearing interest, maturing and having the other terms and provisions set forth in the Agreement of Trust. ARTICLE IV PAYMENT OBLIGATIONS; MASTER SUPPORT AGREEMENT AMENDMENTS Section 4.1 Amounts Payable. The Master Support Agreement is hereby amended to replace in its entirety the Exhibit A attached thereto with the new Exhibit A attached hereto. Pursuant to Article IV of the Master Support Agreement and subject specifically to the limitation of Section 4.4 thereof, the City shall 5 I II I I pay to the Authority or its assignee the Annual Payments specified in Exhibit A attached hereto on or before the due dates set forth in such exhibit. The Annual Payments shall be payable without notice or demand at the designated corporate trust office of the Trustee. Pursuant to the First Amendment to 2002 Support Agreement dated as of May 1, 2010 between the Authority and the City, the parties agreed to fix the Authority's administrative fee for all existing public facility revenue bonds and any public facility revenue bonds to be issued in the future in accordance with the fee schedule attached to such agreement (the "Former Fee Schedule"). The Authority and the City have agreed upon a new administrative fee schedule for such public facility revenue bonds which is attached as Exhibit C. [The fee schedule in Exhibit C shall become effective on the date of issuance of the Series 2015 Bonds and shall apply to all previously issued and outstanding public facility revenue bonds, the Series 2015 Bonds and any public facility revenue bonds to be issued in the future. All prior support agreements between the Authority and the City are hereby amended by replacing the Former Fee Schedule with the schedule in Exhibit C, such amendments to become effective on the date of issuance of the Series 2015 Bonds.] ARTICLE V PREPAYMENT AND REDEMPTION Section 5.1 Prepayment and Redemption. The City, on behalf of the Authority, shall have the option to prepay an Annual Payment at the times and in the amounts as necessary to exercise its option to cause the Series 2015 Bonds to be redeemed as set forth in such Series 2015 Bonds. Such prepayments of Annual Payments shall be made at the times and in the amounts as necessary to accomplish the optional redemption of the Series 2015 Bonds as set forth in the Series 2015 Bonds. The Series 2015 Bonds shall be prepaid or redeemed in the manner and at the times set forth in the Series 2015 Bonds. Upon the exercise of such option, the City shall also pay as Additional Payments, the amounts necessary to pay the premium, if any, due on such Series 2015 Bonds on the date or dates of their redemption. The City, on behalf of the Authority, shall give the Trustee notice of any redemption of such Series 2015 Bonds at least 15 days prior to the latest date that notice of redemption may be given pursuant to Section 402 of the Master Agreement of Trust. Such notice to the Trustee shall specify the redemption date, the principal amount of Series 2015 Bonds to be redeemed, the premium, if any, and the section of the Agreement of Trust pursuant to which such redemption is to be made. ARTICLE VI SERIES 2015 ARBITRAGE REBATE FUND Section 6.1 Series 2015 Arbitrage Rebate Fund. 6 There is hereby established the City of Virginia Beach, Virginia, Series 2015 Public Facility Revenue Bond Arbitrage Rebate Fund (the "Series 2015 Arbitrage Rebate Fund") to be held by or on behalf of the City. Subject to the limitation in Section 4.4 of the Master Support Agreement, the City shall deposit moneys in the Series 2015 Arbitrage Rebate Fund from time to time for payment of the rebate obligations under the Code (the "Rebate Amount"). The City may establish separate accounts in the Series 2015 Arbitrage Rebate Fund for such payments. Section 6.2 Rebate Requirements. Except with respect to earnings on funds and accounts qualifying for any exceptions to the rebate requirement of Section 148 of the Code, the City shall pay,but solely from amounts in the Series 2015 Arbitrage Rebate Fund, the Rebate amount to the United States of America, as and when due, in accordance with Section 148(f) of the code, as provided in this Article, and shall retain records of all such determinations until six years after payment of the Series 2015 Bonds. Section 6.3 Calculation and Report of Rebate Amount. (a) The City selects March 1 as the end of the bond year with respect to the Series 2015A Bonds and July 15 for the Series 2015B Bonds pursuant to Treasury Regulation Section 1.148-1. (b) Within 30 days after the initial installment computation date which is the last day of the fifth bond year, unless such date is changed by the City prior to the date that any amount with respect to the Series 2015 Bonds is paid or required to be paid to the United States of America as required by Section 148 of the Code, and at least once every five years thereafter, the City shall cause the Rebate Amount to be computed and shall deliver a copy of such computation (the "Rebate Amount Certificate") to the Authority and the Trustee. Prior to any payment of the Rebate Amount to the United States of America as required by Section 148 of the Code, a Rebate Amount Certificate setting forth such Rebate Amount shall be prepared or approved by (1) a person with experience in matters of governmental accounting for Federal income tax purposes or(2) a bona fide arbitrage rebate calculation reporting service. Section 6.4 Payment of Rebate Amount. Not later than 60 days after the initial installment computation date, the City shall pay solely from amounts in the Series 2015 Arbitrage Rebate Fund to the United States of America at least 90% of the Rebate Amount as set forth in the Rebate Amount Certificate prepared with respect to such installment computation date. At least once on or before 60 days after the installment computation date that is the fifth anniversary of the initial installment computation date or on or before 60 days after every fifth anniversary date thereafter until final payment of the Series 2015 Bonds, the City shall pay to the United States of America not less than the amount, if any, by which 90% of the Rebate Amount set forth in the most recent Rebate Amount Certificate exceeds the aggregate of all such payments theretofore made to the United States of America pursuant to this Section. On or before 60 days after final payment of the Series 2015 Bonds, the City shall pay to the United States of America the amount, if any, by which 100% of 7 I II I I the Rebate Amount set forth in the Rebate Amount Certificate with respect to the date of final payment of the Series 2015 Bonds exceeds the aggregate of all payments theretofore made pursuant to this Section. All such payments shall be made solely from amounts in the Series 2015 Arbitrage Rebate Fund. Notwithstanding any provision of the Support Agreement to the contrary, no such payment shall be made if the City receives and delivers to the Trustee and the Authority an opinion of Bond Counsel to the effect that (a) such payment is not required under the Code in order to prevent the Series 2015 Bonds from becoming "arbitrage bonds" within the meaning of Section 148 of the Code or (b) such payment should be calculated and paid on some alternative basis under the code, and the City complies with such alternative basis. The Authority covenants that, if so requested by the City, it shall execute any form required to be signed by an issuer of tax-exempt bonds in connection with the payment of any Rebate amount (including Internal Revenue Service Form 8038-T) based on information supplied to the Authority by the City. The City shall supply all information required to be stated on such form and shall prepare such form. Except for the execution and delivery of such form upon timely presentation by the City, the Authority shall have no responsibility for such form or the information stated thereon. Section 6.5 Reports by Trustee. The Trustee shall provide the City within 10 days after each May 1 and within 10 days after the final payment of the Series 2015 Bonds with such reports and information with respect to earnings of amounts held under the Agreement of Trust as may be requested by the City in order to comply with the provisions of this Article. Section 6.6 Disposition of Balance in Series 2015 Arbitrage Rebate Fund. After each payment required in Section 6.4 is made and any additional amount necessary to pay the full rebate obligation is retained, the remaining amount in the Series 2015 Arbitrage Rebate Fund shall be retained by the City and used for any lawful purpose. ARTICLE VII MISCELLANEOUS Section 7.1 Private Activity Covenants. The City covenants not to permit the proceeds of the Series 2015 Bonds to be used in any manner that would result in (a) 5% or more of such proceeds or the facilities financed with such proceeds being used in a trade or business carried on by any person other than a governmental unit, as provided in Section 141(b) of the Code, (b) 5% or more of such proceeds being used with respect to any "output facility" (other than a facility for the furnishing of water), within the meaning of Section 141(b)(4) of the Code, or (c) 5% or more of such proceeds being used directly or indirectly to make or finance loans to any persons other than a governmental unit, as 8 I I I I provided in Section 141(c) of the Code; provided, however, that if the City receives an opinion of Bond Counsel that any such.covenants need not be complied with to prevent the interest on the Series 2015 Bonds from being includable in the gross income for Federal income tax purposes under existing law, the City need not comply with such covenants. Section 7.2 Post-Issuance Compliance. After the Series 2015 Bonds are issued, the City covenants to monitor the use of the proceeds of such bonds, and the projects financed or refinanced with such bonds, and requirements related to arbitrage yield restriction and rebate with respect to such bonds under the City's Post-Issuance Compliance Policy and Procedures (the "Policy") for tax-advantaged governmental purpose bonds adopted by resolution of the City Council on March 13, 2012. In any instance of noncompliance detected through application of the Policy, the City covenants to take corrective action in accordance with the Policy, and to notify the Authority of the matter and corrective action taken or to be taken. The Authority agrees to cooperate with the City in any instance where action of the Authority may be required in connection with the City's corrective action. Section 7.3 Severability. If any provision of this Seventh Supplemental Support Agreement shall be held invalid by any court of competent jurisdiction, such holding shall not invalidate any other provision hereof. Section 7.4 Successors and Assigns. This Seventh Supplemental Support Agreement shall be binding upon, inure to the benefit of and be enforceable by the parties and their respective successors and assigns. Section 7.5 Counterparts. This Seventh Supplemental Support Agreement may be executed in any number of counterparts, each of which shall be an original, all of which together shall constitute but one and the same instrument. Section 7.6 Governing Law. This Seventh Supplemental Support Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia. [REMAINDER OF PAGE INTENIONALLY LEFT BLANK] 9 I II i I IN WITNESS WHEREOF, the parties have caused this Seventh Supplemental Support Agreement to be duly executed by their duly authorized representatives as of the date first above written. CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY By: Chairman CITY OF VIRGINIA BEACH,VIRGINIA By: City Manager Seen and agreed to: U.S. BANK NATIONAL ASSOCIATION, As Trustee By: Title: 10 I II I I RECEIPT Receipt of the foregoing original counterpart of the Seventh Supplemental Support Agreement dated as of June 1, 2015,between the City of Virginia Beach Development Authority and the City of Virginia Beach, Virginia, is hereby acknowledged. U.S. BANK,NATIONAL ASSOCIATION, as Trustee By: Title: 11 City of Virginia Beach Development Authority Exhibit,\ Public Facility Revenue and Refunding Revenue Bond Schedule of Payments [PAYMENT SCHEDULE TO BE UPDATED] A-1 I II i I I [TO BE REVISED AND UPDATED] • EXHIBIT B DESCRIPTION OF SERIES 2015 PROJECTS The following sets forth brief descriptions of the City projects to be financed in whole or in part with public facility revenue bonds ("PFRB") of the Authority, and the amount of each project to be financed with proceeds of the Public Facility Revenue Bonds, Series 2015A: Projects to be Financed with Public Facility Revenue Bonds Project/ Total Total PFRB Series Fund Project Name Description Programmed Planned 2015A Number Cost Financing Bonds 1-233 Consolidated Old This project is for the replacement of Old $63,360,000 $19,400,000 $16,133,850 Donation Donation Center and Kemps Landing Magnet Center/Kemps with a consolidated facility. Old Donation Landing Magnet Center, originally built in 1965, and Kemps Replacement Landing Magnet, built in 1957, can no longer adequately house the required instructional programs and the facilities are in need of replacement. This project will extend the useful life of the facility by 40 to 50 years. 2-025 Witchduck Road— This project will improve capacity needs and $55,179,915 $5,505,059 $3,919,196 Phase II mobility demands in this area of the City. Traffic volumes per day are anticipated to reach 64,000 by 2034. 2-033 Princess Anne Road This project is for the construction of safety $350,000 $250,000 $43,524 —Phase VIIA improvements on Princess Anne Road from Sand- bridge Road/Upton Dr. to Indian River Rd., including shoulder widening, additional turn lanes,underground utility relocations and drainage improvements. 2-045 Pacific Avenue This project provides for the improvements to $20,000,000 $17,330,000 $7,713,767 Improvements Pacific Avenue between 15th Street and 23rd street within the existing right-of-way, to include undergrounding of existing overhead utilities and public utility upgrades. In addition, new LED street lighting and traffic light signal mast arms will be installed. B-1 I I I I i Project/ Total Total PFRB Series Fund Project Name Description Programmed Planned 2015A Number Cost Financing Bonds 2-072 First Colonial This project will improve the First Colonial $20,601,664 $3,409,085 $499,764 Road/Virginia Beach Rd/Va. Beach Blvd intersection with the Boulevard addition of turn lanes and traffic signalization Intersection improvements, widening areas of First Improvements Colonial Rd. from I-264 overpass to 1,000 feet south of Potters Road along Oceana Blvd from four lanes to six lanes. 2-195 Princess Anne Road This project is for construction of a four-lane $24,125,750 $4,762,324 $2,899,643 —Phase VIIA divided roadway with a bike path, from General Booth Blvd to Upton Dr., a distance of approximately 1.0 mile. Improvements at the intersections of General Booth Blvd,Elson Green Ave. and Upton Dr./Sandbridge Rd. are included as well as aesthetic upgrades. 2-401 Greenwich Road This is the first phase of overall eastbound I- $15,895,500 $2,474,741 $894,808 Crossover/Cleveland 264 interstate improvements that will relocate St.Improvements the existing Greenwich Road into the existing Cleveland Street/Clearfield Avenue intersection. This project will be designed and constructed in three phases. 2-409 Centerville Turnpike This project will provide two southbound $31,000,000 $10,869,000 $287,266 —Phase II lanes on Centerville Turnpike and Jake Sears Road to Broadwindsor Lane as well as triple left turn lane at intersection of Indian River Road and Centerville Turnpike. Part of a future six-lane section of the road way. 3-019 Adam Thoroughgood This project will expand the Adam $2,244,826 $1,981,657 $70,783 House Visitor Center Throughgood House site with the construction Construction of a 3,000 square foot building that will include ADA compliant public rest rooms, a small gift shop, a video viewing area for mobility impaired patrons, an office for staff, collections storage, and an exhibit/education space. 3-095 CIT-Police Integrated This project implements the Criminal Justice $10,401,389 $2,989,807 $209,417 Public Safety Record Automated Systems Analysis. It is an Management System integrated Public Safety Record Management System comprising mobile and electronic summons components and enhanced interfacing between the City's public safety agencies and State, Federal, and regional public safety systems. B-2 I II I Project/ Total Total PFRB Series Fund Project Name Description Programmed : Planned 2015A Number Cost Financing Bonds 3-137 Various Buildings This project provides rehabilitation and $12,243,329 $2,051,964 $943,753 Rehabilitation and renewal of interior and exterior systems for Renewal III City owned buildings/facilities. It addresses a backlog of original roofs,which were installed from 1968 to 1984. It excludes roofs for fire stations and parks and recreations facilities, which are included in separate projects. It includes rehabilitation and replacement of the Fire Training Center's existing facility and libraries. 3-142 CIT-Com Communications infrastructure including $34,573,605 $5,727,934 $10,693,134 Infrastructure radios, computer aided dispatch workstations, Replacement—Phase transmitter sites, public safety vehicle mobile II computer terminals and hardware. 3-200 Revenue Assessment This project provides for a comprehensive and $11,924,799 $2,446,720 $163,552 and Collection coordinated replacement of computer systems System currently used to support tax revenue and collection. • 3-503 Housing Resource This project is to construct an approximately $22,795,591 $2,313,666 $287,994 Center 43,000 square foot Housing Resource Center that would provide shelter and services to homeless persons and those at risk of homelessness. In addition, some services may be available for the general community. 4-505 Bow Creek This project will fund the design and $25,123,023 $25,123,023 $3,530,192 Community Rec Ctr. construction costs required to tear down and rebuild the Bow Creek Community Recreation Center and relocate certain storage facilities on the current site. 4-506 Parks Infrastructure This project funds the implementation of $7,650,000 $1,000,000 $745,307 Renewal and renovations, replacements in all City Replacement signature,metro,and community parks as well as special use sites totaling 1,100 acres throughout the City. 9-006 Winston-Salem This project will provide funding for design, $3,604,516 $865,000 $255,881 Avenue property acquisition and construction of a Improvements two-lane roadway with on-street parking and five feet wide sidewalks within a sixty foot right-of-way along Winston-Salem Ave. between Pacific Ave. and Mediterranean Ave. B-3 Project/ Total Total PFRB Series Fund Project Name Description Programmed Planned 2015A Number Cost Financing Bonds 9-007 Resort Public Transit This project is for identification of sites and $250,000 $250,000 $156,612 Relocation development of a Hampton Road Transit (HRT) Bus Transfer Station consisting of two bus shelters located on about one-half acre of land, which will be relocated due to the development of the City owned site on 19th St. and Pacific Ave. The project does not include the cost of property acquisitions,if required. 9-081 Strategic Growth This project will provide planning and design $17,674,686 $7,339,244 $1,670,232 Area Program services, build or replace public infrastructure improvements,and acquire property as needed in order to support implementation of the Strategic Growth Area plans. In addition, the project will provide for consulting and SGA related initiatives. Priorities for the SGA implementation plan include Burton Station Village design and construction, Form Based Zoning, Newtown SGA Plan, and Wesleyan Drive Improvements. 9-085 Burton Station Road This project will provide basic and long $3,250,000 $3,250,000 $35,363 Improvements-Ph II needed utility services and standard roadway improvements including curb and gutter, sidewalk and streetlights necessary to preserve and revitalize the existing residential community consistent with the phasing and implementation goals recommended in the adopted Burton Station/Northampton Boulevard Corridor Strategic Growth Area Implementation plan. 9-091 Burton Station Road The purpose of this project is to provide a $8,500,000 $8,500,000 $26,259 Improvements—Ph connection between Burton Station Road and III Air Rail Drive via an extension of Tolliver Road (formerly called Golf Course Road) to provide infrastructure necessary to promote future development consistent with the phasing and implementation goals recommended in the adopted Burton Station/Northampton Boulevard Corridor Strategic Growth Area Implementation plan. B-4 Project/ Total Total PFRB Series Fund Project Name Description Programmed Planned 2015A Number Cost Financing Bonds 9-096 Oceanfront Capital This project provides on-going funding to $4,200,000 $600,000 $270,452 Projects reinvest in various high impact capital projects Reinvestment at the oceanfront. The primary focus of the project is to replace Atlantic Ave.,side streets, and boardwalk lighting with energy efficient attractive LED lighting. The Lighting replacements are planned in phases over 10 years and are roughly estimated at $5 million with annual amounts to be programmed at $450,000. 9-108 29th Street This project provides funding for $3,200,000 $3,200,000 $59,013 Improvements improvements to 29th St. in the Resort Area as a continuation of the Laskin Road Gateway Project. The project area is 29th St. from Artie to Pacific Ave. and includes streetscape improvements including wide sidewalks and street trees, a new street with improved drainage, and undergrounding of overhead utilities. TOTAL $477,451,561 $131,639,224 $51,509,762 B-5 EXHIBIT C CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY PUBLIC FACILITY REVENUE BOND ADMINISTRATIVE FEE SCHEDULE Administration Due Date Fee 12/1/15 $35,000.00 12/1/16 $35,000.00 12/1/17 $34,205.00 12/1/18 $29,222.50 12/1/19 $23,970.00 12/1/20 $18,430.00 12/1/21 $12,597.50 12/1/22 $6,455.00 12/1/23 $0.00 The administrative fee schedule set forth above supersedes all prior payment arrangements for the payment of administrative fees by the City of Virginia Beach to the Virginia Beach Development Authority in connection with the issuance of public facility revenue bonds by the Authority for the benefit of the City. The administrative fee schedule applies to all currently outstanding public facility revenue bonds and all public facility revenue bonds to be issued in the future. C-1 1 'I 4849-9979-6515.3 B-2 P EIGHTH SUPPLEMENTAL AGREEMENT OF TRUST Between CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY And U.S. BANK NATIONAL ASSOCIATION, as successor Trustee Dated as of June 1, 2015 I II i TABLE OF CONTENTS Parties 1 Recitals 1 Granting Clause 1 ARTICLE I EIGHTH SUPPLEMENTAL AGREEMENT Section 1-101. Authorization of Eighth Supplemental Agreement 2 Section 1-102. Definitions. 2 Section 1-103. Rules of Construction. 3 ARTICLE II AUTHORIZATION, DETAILS AND FORM OF SERIES 2015 BONDS Section 2-201. Authorization of Series 2015 Bonds. 4 Section 2-202. Details of Series 2015 Bonds. 4 Section 2-203. Form of Series 2015 Bonds. 5 Section 2-204. Securities Depository Provisions 5 Section 2-205. Delivery of Series 2015 Bonds. 6 ARTICLE III REDEMPTION OF SERIES 2015 BONDS Section 3-301. Redemption Date and Price. 6 Section 3-302. Selection of Series 2015 Bonds for Redemption. 7 Section 3-303. Notice of Redemption. 7 ARTICLE IV APPLICATION OF PROCEEDS OF SERIES 2015 BONDS Section 4-401. Application of Proceeds of Series 2015 Bonds. 8 ARTICLE V ESTABLISHMENT OF ACCOUNT Section 5-501. Series 2015 Project Account. 9 I II Section 5-502. Series 2015B Refunding Account. 9 Section 5-503. Costs of Issuance Account. 9 ARTICLE VI SECURITY FOR SERIES 2015 BONDS Section 6-601. Security for Series 2015 Bonds. 9 ARTICLE VII MISCELLANEOUS Section 7-701. Limited on Use of Proceeds. 9 Section 7-702. Limitation of Right. 10 Section 7-703. Severability. 10 Section 7-704. Successors and Assigns. 10 Section 7-705. Applicable Law. 10 Section 7-707. Counterparts. 10 Exhibit A—Form of Series 2015A Bond A-1 Exhibit B —Form of Series 2015B Bond B-1 Exhibit C —Refunded Prior Bonds C-1 ii I II i This EIGHTH SUPPLEMENTAL AGREEMENT OF TRUST dated as of June 1, 2015,by and between the CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY, a political subdivision of the Commonwealth of Virginia (the "Authority"), and U.S. BANK NATIONAL ASSOCIATION (as successor to Wachovia Bank, National Association), a national banking association, having a corporate trust office in Richmond, Virginia, as trustee in such capacity, together with any successor in such capacity, herein called the "Trustee"), provides: WHEREAS, the Authority is a political subdivision of the Commonwealth of Virginia duly created by Chapter 643 of the Virginia Acts of Assembly of 1964, as amended (the "Act"); and WHEREAS, the Authority and the Trustee have entered into an Agreement of Trust dated as of September 1, 2003 (the "Master Agreement of Trust"), as supplemented by the First Supplemental Agreement of Trust dated as of September 1, 2003, the Second Supplemental Agreement of Trust dated as of May 1, 2005, the Third Supplemental Agreement of Trust dated as of June 1, 2007, the Fourth Supplemental Agreement of Trust dated as of May 1, 2010, the Fifth Supplemental Agreement of Trust dated as of June 1, 2012, the Sixth Supplemental Agreement of Trust dated as of June 1, 2013 and the Seventh Supplemental Agreement of Trust dated as of June 1, 2014 pursuant to which the Authority has agreed to issue from time to time public facility revenue bonds or notes and use the proceeds thereof to finance costs incurred in connection with certain Projects (as hereinafter defined) for the benefit of the City of Virginia Beach, Virginia(the "City); and WHEREAS, within the limitations of and in compliance with the Master Agreement of Trust, the City has requested the Authority to issue public facility revenue bonds to finance the costs of the Series 2015 Projects (as hereinafter defined) and to refund for debt service savings certain of the Authority's Public Facility Revenue Bonds, Series 2007A previously issued by the Authority to assist the City in financing various public facilities; and WHEREAS, among the revenue bonds previously issued by the Authority, at the request of the City, there are currently outstanding the Authority's $9,000,000 Taxable Public Facility Revenue Bonds, Series 2005B, its $96,835,000 Public Facility Revenue Bonds, Series 2007A, its $4,030,000 Taxable Public Facility Revenue Bonds, Series 2007B, its $17,000,000 Public Facility Revenue Bonds, Series 2010A, its $98,035,000 Public Facility Refunding Revenue Bonds, Series 2010B, its $40,450,000 Public Facility Refunding Revenue Bonds, Series 2010C, its $22,580,000 Public Facility Revenue Bonds, Series 2012A, its $25,640,000 Public Facility Refunding Revenue Bonds, Series 2012B, its $20,960,000 Public Facility Revenue Bonds, Series 2013, its $44,975,000 Public Facility Revenue Bonds, Series 2014A and its $20,320,000 Public Facility Refunding Revenue Bonds, Series 2014B (collectively, the "Prior Public Facility Revenue Bonds"). WHEREAS, the Authority has agreed to issue its Public Facility Revenue Bonds, Series 2015A in the aggregate principal amount of $ , and its Public Facility Refunding Revenue Bonds, Series 2015B Bonds in the aggregate principal amount of$ , with each of such Series 2015 Bonds being secured by a pledgeof the revenues and receipts derived from a Support Agreement dated as of September 1, 2003, as supplemented and amended by a First Supplemental Support Agreement dated as of May 1, 2005, a Second Supplemental Support Agreement dated as of June 1, 2007, a Third Supplemental Support Agreement dated as of May 1, 2010, a Fourth Supplemental Support Agreement dated as of June 1, 2012, a Fifth Supplemental Support Agreement dated as of June 1, 2013, a Sixth Supplemental Support Agreement dated as of June 1, 2014 and a Seventh Supplemental Support Agreement dated as of June 1, 2015 (collectively, the "Support Agreement"), between the Authority and the City, and the City has agreed, subject to the annual appropriation by the Council of the City, to make annual payments that will be sufficient to pay the principal of and premium, if any, and interest on such public facility revenue bonds as the same shall become due; and WHEREAS, the Authority has taken all necessary action to make the Series 2015 Bonds, when authenticated by the Trustee and issued by the Authority, valid and binding limited obligations of the Authority and to constitute this Eighth Supplemental Agreement of Trust (the "Eighth Supplemental Agreement") a valid and binding agreement authorizing and providing for the details of the Series 2015 Bonds; NOW THEREFORE, in consideration of the premises and the mutual covenants and agreements hereinafter contained, the parties hereto agree as follows: ARTICLE I EIGHTH SUPPLEMENTAL AGREEMENT Section 1-101. Authorization of Eighth Supplemental Agreement. This Eighth Supplemental Agreement is authorized and executed by the Authority and delivered to the Trustee pursuant to and in accordance with Articles III and X of the Master Agreement of Trust. All terms, covenants, conditions and agreements of the Master Agreement of Trust shall apply with full force and effect to the Series 2015 Bonds and to the holder thereof, except as otherwise provided in this Eighth Supplemental Agreement. Section 1-102. Definitions. Except as otherwise defined in this Eighth Supplemental Agreement, words defined in the Master Agreement of Trust are used in this Eighth Supplemental agreement with the meanings assigned to them in the Master Agreement of Trust. In addition, the following words shall have the following meanings unless a different meaning clearly appears from the context: "Eighth Supplemental Agreement" shall mean this Eighth Supplemental Agreement of Trust between the Authority and the Trustee, which supplements and amends the Master Agreement of Trust. "Escrow Deposit Agreement" means the Escrow Deposit Agreement dated as of June 2015 between the Authority and the Trustee in its capacity as escrow agent for the refunding of the Refunded Prior Bonds. 2 "Letter of Representations" shall mean the Blanket Letter of Representations dated July 11, 1997, from the Authority to the Securities Depository and any amendments thereto or successor agreements between the Authority and any successor Securities Depository with respect to the Series 2015 Bonds. Notwithstanding any provision of the Master Agreement of Trust, including Article X regarding amendments, the Trustee may enter into any such amendment or successor agreement without the consent of Bondholders. "Prior Public Facility Revenue Bonds" shall have the meaning given in the fourth paragraph of the recitals to this Eighth Supplemental Agreement. "Project" or "Projects" shall have the meaning set forth in the Support Agreement. "Refunded Prior Bonds" means the maturities of the Public Facility Revenue Bonds, Series 2007A described on Exhibit C to this Eighth Supplemental Agreement. "Securities Depository" shall mean The Depository Trust Company, a corporation organized and existing under the laws of the State of New York, and any other securities depository for the Series 2015 Bonds appointed pursuant to Section 2-204, and their successors. "Series 2015 Bonds" shall mean the Authority's $ Public Facility Revenue Bonds, Series 2015A and $ Public Facility Refunding Revenue Bonds, Series 2015B, authorized to be issued pursuant to this Eighth Supplemental Agreement. "Series 2015 Projects" shall mean have the meaning set forth in the Seventh Supplemental Support Agreement. "Series 2015 Project Account" shall mean the Series 2015 Project Account established in Section 4-501 of this Eighth Supplemental Agreement. "Seventh Supplemental Support Agreement" shall mean the Seventh Supplemental Support Agreement dated as of June 1, 2015 between the City and the Authority. Section 1-103. Rules of Construction. The following rules shall apply to the construction of this Eighth Supplemental Agreement unless the context otherwise requires: (a) Words importing the singular number shall include the plural number and vice versa. (b) Words importing the redemption or calling for redemption of Series 2015 Bonds shall not be deemed to refer to or connote the payment of Series 2015 Bonds at their stated maturity. (c) Unless otherwise indicated, all references herein to particular Articles or Sections are references to Articles or Sections of this Eighth Supplemental Agreement. 3 (d) The headings herein and Table of Contents to this Eighth Supplemental Agreement herein are solely for convenience of reference and shall not constitute a part of this Eighth Supplemental Agreement nor shall they affect its meaning, construction or effect (e) All references herein to payment of Series 2015 Bonds are references to payment of principal of and interest on the Series 2015 Bonds. ARTICLE II AUTHORIZATION, DETAILS AND FORM OF SERIES 2015 BONDS Section 2-201. Authorization of Series 2015 Bonds. There are hereby authorized to be issued Public Facility Revenue Bonds, Series 2015A in the aggregate principal amount of$ and Public Facility Refunding Revenue Bonds, Series 2015B in the aggregate principal amount of $ , the proceeds of which to be applied in accordance with Article IV hereof to finance the costs of the Series 2015 Projects; refund the Refunded Prior Bonds; and pay costs incident to issuing the Series 2015 Bonds. Section 2-202. Details of Series 2015 Bonds. (a) The Series 2015A Bonds shall be designated "Public Facility Revenue Bonds, Series 2015A," shall be the date of their delivery, shall be issuable only as fully registered bonds in denominations of $5,000 and integral multiples thereof and shall be numbered R-1 upward. The Series 2015A Bonds shall bear interest at rates, payable semiannually on each March 1 and September 1,beginning March 1, 2016, and shall mature in installments on March 1 in years and amounts, as follows: Year Amount Rate Year Amount Rate 2016 2026 2017 2027 2018 2028 2019 2029 2020 2030 2021 2031 2022 2032 2023 2033 2024 2034 2025 2035 (b) The Series 2015B Bonds shall be designated "Public Facility Refunding Revenue Bonds, Series 2015B," shall be the date of their delivery, shall be issuable only as fully registered bonds in denominations of $5,000 and integral multiples thereof and shall be numbered R-1 upward. The Series 2015B Bonds shall bear interest at rates, payable 4 semiannually on each January 15 and July 15, beginning January 15, 2016, and shall mature in installments on July 15 in years and amounts, as follows: Year Amount Rate Year Amount Rate 2019 2025 2020 2026 2021 2027 2024 (c) Each Series 2015 Bond shall bear interest (a) from its date, if such Series 2015 Bond is authenticated prior to the first interest payment date, or (b) otherwise from the interest payment date that is, or immediately precedes, the date on which such Series 2015 Bond is authenticated; provided, however, that if at the time of authentication of any Series 2015 Bond shall bear interest from the date to which interest has been paid. Interest shall be calculated on the basis of a 360-day year of twelve 30-day months. (d) Principal of the Series 2015 Bonds shall be payable to the registered holder(s) upon the surrender of Series 2015 Bonds at the corporate trust office of the Trustee in Richmond, Virginia. Interest on the Series 2015 Bonds shall be payable by check or draft mailed to the registered owners at their addresses as they appear on the registration books kept by the Trustee on the fifteenth day of the month preceding each interest payment date; provided, however, if the Series 2015 Bonds are registered in the name of a Securities Depository or its nominee as registered holder or at the option of a registered holder(s) of at least $1,000,000 of Series 2015 Bonds, payment shall be made by wire transfer pursuant to the wire instructions received by the Trustee from such registered holder(s). If the nominal date for making any payment on the Series 2015 Bonds is not a Business Day, the payment may be made on the next Business Day with the same effect as if made on the nominal date, and no additional interest shall accrue between the nominal date and the actual payment date. Principal and interest shall be payable in lawful money of the United States of America. Section 2-203. Form of Series 2015 Bonds. The Series 2015A Bonds shall be in substantially the form set forth in Exhibit A and the Series 2015B Bonds shall be in substantially the form set forth in Exhibit B, with such appropriate variations, omissions and insertions as are permitted or required by the Master Agreement of Trust and this Eighth Supplemental Agreement Section 2-204. Securities Depository Provisions Initially, one certificate for each maturity of each Series of the Series 2015 Bonds will be issued and registered to the Securities Depository, or its nominee. The Authority has entered into a Letter of Representations relating to a book-entry system to be maintained by the Securities Depository with respect to the Series 2015 Bonds. In the event that (a) the securities Depository determines not to continue to act as a securities depository for the Series 2015 Bonds by giving notice to the Trustee and the Authority 5 I II I discharging its responsibilities hereunder or (b) the Authority, at the direction of the City, determines (1) that beneficial owners of Series 2015 Bonds shall be able to obtain certificated Series 2015 Bonds or (2) to select a new Securities Depository, then the Trustee shall, at the direction of the authority, attempt to locate another qualified securities depository to serve as Securities Depository or authenticate and deliver certificated Series 2015 Bonds to the beneficial owners or to the Securities Depository participants on behalf of beneficial owners substantially in the form provided for in Exhibit A or Exhibit B, as applicable; provided, however, that such form shall provide for interest on the Series 2015 Bonds to be payable (i) from its dated date if it is authenticated prior to the first interest payment date or (ii) otherwise from the interest payment date that is, or immediately precedes, the date on which it is authenticated (unless payment of interest thereon is in default, in which case interest on such Series 2015 Bonds shall be payable from the date to which interest has been paid). In delivering certificated Series 2015 Bonds, the Trustee shall be entitled to rely conclusively on the records of the Securities Depository as to the beneficial owners or the records of the Securities Depository participants acting on behalf of beneficial owners. Such certificated Series 2015 Bonds will be registerable, transferable and exchangeable as set forth in Section 204 and 205 of the Master Agreement of Trust. So long as there is a Securities Depository for the Series 2015 Bonds (A) it or its nominee shall be the registered holder(s) of the Series 2015 Bonds, (B) notwithstanding anything to the contrary in this Eighth Supplemental Agreement, determinations of persons entitled to payment of principal and interest, transfers of ownership and exchanges and receipt of notices shall be the responsibility of the Securities Depository and shall be effected pursuant to rules and procedures established by such Securities Depository, (C) the Authority and the Trustee shall not be responsible or liable for maintaining, supervising or reviewing the records maintained by the Securities Depository, its participants or persons acting through such participants, (D) references in this Eighth Supplemental Agreement to registered holder(s) of the Series 2015 Bonds shall mean such Securities Depository or its nominee and shall not mean the beneficial owners of the Series 2015 Bonds and (E) in the event of any inconsistency between the provisions of this Eighth Supplemental Agreement, other than those set forth in this paragraph and the preceding paragraph, and the provisions of the Letter of Representations such provisions of the Letter of Representations shall control. Section 2-205. Delivery of Series 2015 Bonds. The Trustee shall authenticate and deliver the Series 2015 Bonds when there have been filed with or delivered to it all items required by Section 303 of the Master Agreement of Trust. ARTICLE III REDEMPTION OF SERIES 2015 BONDS Section 3-301. Redemption Date and Price. Optional Redemption. The Series 2015A Bonds may not be called for redemption by the Authority except as follows. The Series 2015A Bonds maturing on or after March 1, 2026 may be redeemed by the Authority, at the direction of the City, on or after March 1, 2025, in whole or in part at any time (in increments of $5,000), at a redemption price of 100% of the principal 6 amount, or portion thereof, of Series 2015A Bonds to be redeemed plus interest accrued to the redemption date. The Series 2015B Bonds may not be called for redemption by the Authority except as follows. The Series 2015B Bonds maturing on or after July 15, 2026 may be redeemed by the Authority, at the direction of the City, on or after July 15, 2025, in whole or in part at any time (in increments of $5,000), at a redemption price of 100% of the principal amount, or portion thereof, of Series 2015B Bonds to be redeemed plus interest accrued to the redemption date. Section 3-302. Selection of Series 2015 Bonds for Redemption. If less than all of the Series 2015 Bonds are called for redemption, the maturities of the Series 2015 Bonds to be redeemed shall by selected by the Authority as directed by the City. If less than all of a particular maturity of the Series 2015 Bonds are called for redemption, the Series 2015 Bonds to be redeemed shall be selected by the Securities Depository or any successor securities depository pursuant to its rules and procedures or, if the book-entry system is discontinued, shall be selected by the Trustee by lot in such manner as the Trustee in its discretion may determine. The portion of any Series 2015 Bond to be redeemed shall be in the principal amount of $5,000 or some multiple thereof. In selecting Series 2015 Bonds for redemption, each Series 2015 Bond shall be considered as representing that number of Series 2015 bonds which is obtained by dividing the principal amount of such Series 2015 Bonds by $5,000. If a portion of a Series 2015 Bond shall be called for redemption, a new Series 2015 Bond in principal amount equal to the unredeemed portion thereof shall be issued to the registered owner upon the surrender thereof Section 3-303. Notice of Redemption. The Trustee, upon being satisfied as to the payment of its expenses and upon receiving the notice of redemption from the Authority not less than 45 days prior to the redemption date, shall send notice of the call for redemption, identifying the Series 2015 Bonds or portions thereof to be redeemed, not less than 30 nor more than 60 days prior to the redemption date, (a) by facsimile or electronic transmission, registered or certified mail or overnight express delivery, to DTC, or if DTC is no longer serving as securities depository for the Series 2015 Bonds, to the substitute securities depository, or if no securities depository exists, to the respective holders of each Series 2015 Bond to be redeemed at his address as it appears on the registration books kept by the Trustee, (b) by facsimile or electronic transmission, registered or certified mail or overnight express delivery, to all organizations registered with the Securities and Exchange Commission as securities depositories and (c) to each nationally recognized municipal securities information repository designated as such by the Securities and Exchange Commission. In preparing and delivering such notice, the Trustee shall take into account, to the extent applicable, the prevailing tax-exempt securities industry standards and any regulatory statement of any federal or state administrative board having jurisdiction over the Authority or the tax-exempt securities industry, including Release No. 34-23856 of the Securities and Exchange Commission or any subsequent amending or superseding release. Failure to give any notice specified in (a) above, or any defect therein, shall not affect the validity of any proceedings for the redemption of any Series 2015 Bond with respect to which no such failure or defect has occurred. Failure to give any notice specified in (b) or (c) above, or any defect herein, shall not affect the validity of 7 any proceedings for the redemption of any Series 2015 Bonds with respect to which the notice specified in (a) above is correctly given. Any notice mailed or provided herein shall conclusively be presumed to have been given whether or not actually received by any Series 2015 Bondholder. In the case of an optional redemption, the notice may state that (1) it is conditioned upon the deposit of moneys, in an amount equal to the amount necessary to effect the redemption,with the Trustee no later than the redemption date or (2) the Authority, as directed by the City, retains the right to rescind such notice on or prior to the scheduled redemption date (in either case, a "Conditional Redemption"), and such notice and optional redemption shall be of no effect if such moneys are not so deposited or if the notice is rescinded as described herein. Any Conditional Redemption in (2) above may be rescinded at any time prior to the redemption date if the Authority delivers a written direction to the Trustee directing the Trustee to rescind the redemption notice and any funds deposited with the Trustee in connection with such rescinded redemption shall be returned to the City. The Trustee shall give prompt notice of such rescission to the affected Series 2015 Bondholders. Any Series 2015 Bonds subject to Conditional Redemption where redemption has been rescinded shall remain Outstanding, and the rescission shall not constitute an Event of Default. Further, in the case of Conditional Redemption, the failure of the Authority to make funds available on or before the redemption date shall not constitute an Event of Default, and the Trustee shall give immediate notice to all organizations registered with the Securities and Exchange Commission as securities depositories or the affected Series 2015 Bondholders that the redemption did not occur and that the Series 2015 Bonds called for redemption and not so paid remain outstanding. ARTICLE IV APPLICATION OF PROCEEDS OF SERIES 2015 BONDS Section 4-401. Application of Proceeds of Series 2015 Bonds. (a) The proceeds of the Series 2015A Bonds in the amount of$ shall be deposited into the Series 2015 Project Account in the Project Fund, including the good faith deposit ($ ) previously received by the City from the purchaser of the Series 2015A Bonds. [Such amount shall be transferred upon receipt by the Trustee to [the City in accordance with instructions provided by the City] [the Virginia State Non-Arbitrage Program] unless otherwise directed by the City.] (b) The proceeds of the Series 2015B Bonds in the amount of$ shall be deposited by the Trustee upon receipt under the Escrow Deposit Agreement for which the Trustee serves as escrow agent to effect the refunding of the Refunded Prior Bonds. (c) The remaining balance of the Series 2015 Bonds ($ ) shall be applied by the City to Costs of Issuance of the Series 2015 Bonds or to additional project costs. 8 ARTICLE V • ESTABLISHMENT OF ACCOUNT Section 5-501. Series 2015 Project Account. There shall be established within the Project Fund a special account entitled "Series 2015 Project Account"to be funded as specified in Section 4-401(a). Money in the Series 2015 Project Account shall be used in accordance with the provisions of Section 503 of the Master Agreement of Trust to pay or reimburse 2015 Project costs. Section 5-502. Series 2015B Refunding Account. There shall be established a special account entitled "Series 2015B Refunding Account." The portion of the proceeds of the Series 2015B Bonds specified in Section 4-401(b) shall be deposited by the Trustee under the Escrow Deposit Agreement and accounted for within such refunding account. Section 5-503. Costs of Issuance Account. There is hereby established in the Project Fund a "Series 2015 Bond Costs of Issuance Account" into which the proceeds of the Series 2015A Bonds and Series 2015B Bonds specified in Section 4-401(c) shall be deposited. Such account will be used to pay issuance costs of the Series 2015 Bonds or applied to pay or reimburse 2015 Project or capital costs. ARTICLE VI SECURITY FOR SERIES 2015 BONDS Section 6-601. Security for Series 2015 Bonds. The Series 2015 Bonds shall be equally and ratably secured under the Master Agreement of Trust with the Authority's Prior Public Facility Revenue Bonds and any other series of public facility revenue bonds issued pursuant to Article III of the Master Agreement of Trust, without preference, priority or distinction of any Bonds over any other Bonds, except as provided in the Master Agreement of Trust. ARTICLE VII MISCELLANEOUS Section 7-701. Limited on Use of Proceeds. The Authority intends that interest on the Series 2015 Bonds shall be excluded from gross income for Federal income tax purposes. The Authority covenants with the holders of the Series 2015 Bonds not to take any action that would adversely affect, and to take all action within its power necessary to maintain, the exclusion of interest on all Series 2015 Bonds from gross income for Federal income taxation purposes. 9 Section 7-702. Limitation of Right. With the exception of rights herein expressly conferred, nothing expressed or mentioned in or to be implied from this Eighth Supplemental Agreement or the Series 2015 Bonds is intended or shall be construed to give to any person other than the parties hereto and the holders of Series 2015 Bonds any legal or equitable right, remedy or claim under or in respect to this Eighth Supplemental Agreement or any covenants, conditions and agreements herein contained since this Eighth Supplemental Agreement and all of the covenants, conditions and agreements hereof are intended to be and are for the sole and exclusive benefit of the parties hereto and the holders of Bonds as herein provided. Section 7-703. Severability. If any provision of this Eighth Supplemental Agreement shall be held invalid by any court of competent jurisdiction, such holding shall not invalidate any other provision hereof and this Eighth Supplemental Agreement shall be construed and enforced as if such illegal provision had not been contained herein. Section 7-704. Successors and Assigns. This Eighth Supplemental Agreement shall be binding upon, inure to the benefit of and be enforceable by the parties and their respective successors and assigns. Section 7-705. Applicable Law. This Eighth Supplemental Agreement shall be governed by the applicable laws of the Commonwealth of Virginia. Section 7-706. Patriot Act Compliance. To help the government fight the funding of terrorism and money laundering activities, Federal law requires all financial institutions to obtain, verify and record information that identifies each person who opens an account. For a non-individual person such as a business entity, a charity, a Trust or other legal entity the Trustee will ask for documentation to verify its formation and existence as a legal entity. The Trustee may also ask to see financial statements, licenses, identification, and authorization documents from individuals claiming authority to represent the entity or other relevant documentation. Section 7-707. Counterparts. This Eighth Supplemental Agreement may be executed in several counterparts, each of which shall be an original and all of which together shall constitute but one and the same instrument. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 10 IN WITNESS WHEREOF, the Authority and the Trustee have caused this Eighth Supplemental Agreement to be executed in their respective corporate names as of the date first above written. CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY By: U.S. BANK NATIONAL ASSOCIATION, As Trustee By: Title: Acknowledged and Consented To: CITY OF VIRGINIA BEACH,VIRGINIA, By: Title: 11 EXHIBIT A Unless this certificate is presented by an authorized representative of The Depository Trust Company, a New York corporation ("DTC"), to the issuer or its agent for registration of transfer, exchange, or payment, and any certificate is registered in the name of Cede & Co., or in such other name as is requested by an authorized representative of DTC (and any payment is made to Cede & Co. or to such other entity as is requested by an authorized representative of DTC), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, Cede & Co., has an interest herein. REGISTERED REGISTERED R-1 $ UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY Public Facility Revenue Bond, Series 2015A INTEREST RATE MATURITY DATE DATED DATE CUSIP 0/0 March 1, June_, 2015 92774G REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: DOLLARS The City of Virginia Beach Development Authority, a political subdivision of the Commonwealth of Virginia (the "Authority"), for value received, hereby promises to pay upon surrender hereof at the principal corporate trust office of U.S. Bank National Association (successor to Wachovia Bank, National Association), Richmond, Virginia, as trustee, or its successor in trust (the "Trustee"), under the Agreement of Trust (as hereinafter defined) solely from the source and as hereinafter provided, to the registered owner hereof, or registered assigns or legal representative, the principal sum stated above on the maturity date stated above, subject to prior redemption as hereinafter provided, and to pay, solely from such source, interest hereon on each March 1 and September 1, beginning March 1, 2016 at the annual rate stated above, calculated on the basis of a 360-day year of twelve 30-day months. Interest is payable (a) from June , 2015, if this bond is authenticated prior to March 1, 2016, or (b) otherwise from the March 1 or September 1 that is, or immediately precedes, the date on which this bond is authenticated (unless payment of interest hereon is in default, in which case this bond shall bear A-1 interest from the day to which interest has been paid). Interest is payable by check or draft mailed to the registered owner hereof at its address as it appears on the fifteenth day of the month preceding each interest payment date on registration books kept by the Trustee; provided, however, that at the option of a registered owner of at least $1,000,000 of Bonds (as hereinafter defined), payment will be made by wire transfer pursuant to the most recent wire instructions received by the Trustee from such registered owner. If the nominal date for making any payment on this bond is a Business Day (as hereinafter defined), the payment may be made on the next Business Day with the same effect as if made on the nominal date, and no additional interest shall accrue between the nominal date and the actual payment date. Principal and interest are payable in lawful money of the United States of America. "Business Day" shall mean a day on which banking business is transacted, but not including a Saturday, Sunday or legal holiday, or any day on which banking institutions are authorized by law to close in the city in the Commonwealth of Virginia in which the Trustee has its principal corporate trust office. Notwithstanding any other provision hereof, this bond is subject to book-entry form maintained by the Depository Trust Company ("DTC"), and the payment of principal and interest, the providing of notices and other matters shall be made as described in the Authority's Letter or Representations to DTC. This bond is one of an issue of$ Public Facility Revenue Bonds, Series 2015A and $ Public Facility Refunding Revenue Bonds, Series 2015B (collectively, the "Bonds"), authorized and issued pursuant to Chapter 643 of the Virginia Acts of Assembly of 1964, as amended. The Bonds are issued under and secured by an Agreement of Trust dated as of September 1, 2003, between the Authority and the Trustee, as supplemented by a First Supplemental Agreement of Trust dated as of September 1, 2003, a Second Supplemental Agreement of Trust dated as of May 1, 2005, a Third Supplemental Agreement of Trust dated as of June 1, 2007, a Fourth Supplemental Agreement of Trust dated as of May 1, 2010, a Fifth Supplemental Agreement of Trust dated as of June 1, 2012, a Sixth Supplemental Agreement of Trust dated as of June 1, 2013, a Seventh Supplemental Agreement of Trust dated as of June 1, 2014 and an Eighth Supplemental Agreement of Trust dated as of June 1, 2015 (collectively, the "Agreement of Trust"). The Agreement of Trust assigns to the Trustee, as security for the Bonds, (a) the revenues and receipts derived from a Support Agreement dated as of September 1, 2003, as supplemented and amended by a First Supplemental Support Agreement dated as of May 1, 2005, a Second Supplemental Support Agreement dated as of June 1, 2007, a Third Supplemental Support Agreement dated as of May 1, 2010, a Fourth Supplemental Support Agreement dated as of June 1, 2012, a Fifth Supplemental Support Agreement dated as of June 1, 2013, a Sixth Supplemental Support Agreement dated as of June 1, 2014 and a Seventh Supplemental Support Agreement dated as of June 1, 2015 (collectively, the "Support Agreement"), each between the Authority and the City of Virginia Beach, Virginia (the "City"), and (b) the Authority's rights under the Support Agreement (except for the Authority's rights under the Support Agreement to the payment of certain fees and expenses and the rights to notices). Reference is hereby made to the Agreement of Trust for a description of the provisions, among others, with respect to the nature and extent of the security, the rights, duties and obligations of the Authority and the Trustee, the rights of the holders of the Bonds and the terms upon which the Bonds are issued and secured. The Bonds are equally and ratably secured on a A-2 parity basis with the Authority's $9,000,000 Taxable Public Facility Revenue Bonds, Series 2005B, its $96,835,000 Public Facility Revenue Bonds, Series 2007A, its $4,030,000 Taxable Public Facility Revenue Bonds, Series 2007B, its $17,000,000 Public Facility Revenue Bonds, Series 2010A, its $98,035,000 Public Facility Refunding Revenue Bonds, Series 2010B, its $40,450,000 Public Facility Refunding Revenue Bonds, Series 2010C, its $22,580,00 Public Facility Revenue Bonds, Series 2012A, its $25,640,000 Public Facility Refunding Revenue Bonds, Series 2012B, its $20,960,000 Public Facility Revenue Bonds, Series 2013A, its $44,975,000 Public Facility Revenue Bonds, Series 2014A and its $20,320,000 Public Facility Refunding Revenue Bonds, Series 2014B (collectively, the "Parity Bonds"). Additional bonds secured by a pledge of revenues and receipts derived from the City under the Support Agreement on a parity with the Bonds and the Parity Bonds may be issued under the terms and conditions set forth in the Agreement of Trust. Terms not otherwise defined herein shall have the meaning assigned such terms in the Agreement of Trust. The Bonds are issued to finance the acquisition, construction and equipping of various capital improvements for the City and to refund certain of the Parity Bonds. Under the Support Agreement, the City has agreed to make payments that will be sufficient to pay the principal of and interest on the Bonds as the same shall become due in accordance with their terms and the provisions and the terms of the Agreement of Trust. The undertaking by the City to make payments under the Support Agreement does not constitute a debt of the City within the meaning of any constitutional or statutory limitation nor a liability of or a lien or charge upon funds or property of the City beyond any fiscal year for which the City has appropriated moneys to make such payments. THE BONDS AND THE INTEREST THEREON ARE LIMITED OBLIGATIONS OF THE AUTHORITY PAYABLE SOLELY FROM REVENUES AND RECEIPTS DERIVED FROM THE CITY RECEIVED BY THE AUTHORITY UNDER THE SUPPORT AGREEMENT, AND FROM CERTAIN FUNDS, AND THE INVESTMENT INCOME THEREON, HELD UNDER THE AGREEMENT OF TRUST, WHICH REVENUES, RECEIPTS AND FUNDS HAVE BEEN PLEDGED AND ASSIGNED TO SECURE PAYMENT THEREOF. THE BONDS AND INTEREST THEREON SHALL NOT BE DEEMED TO CONSTITUTE A GENERAL OBLIGATION DEBT OR A PLEDGE OF THE FAITH AND CREDIT OF THE COMMONWEALTH OF VIRGINIA OR ANY POLITICAL SUBDIVISION THEREOF, INCLUDING THE AUTHORITY AND THE CITY. NEITHER THE COMMONWEALTH OF VIRGINIA NOR ANY POLITICAL SUBDIVISION THEREOF, INCLUDING THE AUTHORITY AND THE CITY, SHALL BE OBLIGATED TO PAY THE PRINCIPAL OF OR INTEREST ON THE BONDS OR OTHER COSTS INCIDENT THERETO EXCEPT FROM THE REVENUES AND RECEIPTS PLEDGED AND ASSIGNED THEREFORE, AND NEITHER THE FAITH AND CREDIT NOR THE TAXING POWER OF THE COMMONWEALTH OF VIRGINIA, OR ANY POLITICAL SUBDIVISION THEREOF, INCLUDING THE AUTHORITY AND THE CITY, IS PLEDGED TO THE PAYMENT OF THE PRINCIPAL OF OR INTEREST ON THE BONDS OR OTHER COSTS INCIDENT THERETO. THE AUTHORITY HAS NO TAXING POWER. No covenant, condition or agreement contained herein shall be deemed to be a covenant, agreement or obligation of any present or future director, officer, employee or agent of the Authority in its individual capacity, and neither the Chairman of the Authority nor any officer A-3 thereof executing this bond shall be liable personally on the Bonds or be subject to any personal liability or accountability by reason of the issuance thereof. The Bonds may not be called for redemption by the Authority except as provided herein and in the Agreement of Trust. The Bonds maturing on or after March 1, 2026, may be redeemed prior to their respective maturities on or after March 1, 2025, at the option of the Authority, at the direction of the City, in whole or in part at any time at a redemption price of 100% of the principal amount, or portion thereof, of Bonds to be redeemed plus interest accrued to the redemption date. If less than all the Bonds are called for redemption, they shall be redeemed from maturities in such order as determined by the Authority, at the direction of the City. If less than all of the Bonds of any maturity are called for redemption, the Bonds to be redeemed shall be selected by DTC or any successor securities depository pursuant to its rules and procedures or, if the book-entry system is discontinued, shall be selected by the Trustee by lot in such manner as the Trustee in its discretion may determine. The portion of any Bond to be redeemed shall be in the principal amount of $5,000 or some integral multiple thereof. In selecting Bonds for redemption, each Bond shall be considered as representing that number of Bonds which is obtained by dividing the principal amount of such Bond by$5,000. If any of the Bonds or portions thereof are called for redemption, the Trustee shall send notice of the call for redemption, identifying the Bonds or portions thereof to be redeemed, not less than 30 nor more than 60 days prior to the redemption date, by facsimile or electronic transmission, registered or certified mail or overnight express delivery, to the registered owner of the Bonds. Such notice may state that (1) it is conditioned upon the deposit of moneys, in an amount equal to the amount necessary to effect the redemption, with the Trustee no later than the redemption date or (2) the Authority retains the right to rescind such notice on or prior to the scheduled redemption date, and such notice and option redemption shall be of no effect if such moneys are not so deposited or if the notice is rescinded. Provided funds for their redemption are on deposit at the place of payment on the redemption date, all Bonds or portions thereof so called for redemption shall cease to bear interest on such date, shall no longer be secured by the Agreement of Trust and shall not be deemed to be Outstanding under the provisions of the Agreement of Trust. If a portion of this bond shall be called for redemption, a new bond in principal amount equal to the unredeemed portion hereof will be issued to DTC or its nominee upon surrender hereof, or if the book-entry system is discontinued, to the registered owners of this bond. The registered owner of this bond shall have no right to enforce the provisions of the Agreement of Trust or to institute action to enforce the covenants therein or to take any action with respect to any Event of Default under the Agreement of Trust or to institute, appear in or defend any suit or other proceedings with respect thereto, except as provided in the Agreement of Trust. Modifications or alterations of the Agreement of Trust or the Support Agreement, or of any supplement thereto, may be made only to the extent and in the circumstances permitted by the Agreement of Trust. A-4 The Bonds are issuable as registered bonds in the denomination of $5,000 and integral multiples thereof. Upon surrender for transfer or exchange of this bond at the corporate trust office of the Trustee in Richmond, Virginia, together with an assignment duly executed by the registered owner or its duly authorized attorney or legal representative in such form as shall be satisfactory to the Trustee, the Authority shall execute, and the Trustee shall authenticate and deliver in exchange, a new bond or bonds in the manner and subject to the limitations and conditions provided in the Agreement of Trust, having an equal aggregate principal amount, in authorized denominations, of the same series form and maturity, bearing interest at the same rate and registered in the name or names as requested by the then registered owner hereof or its duly authorized attorney or legal representative. Any such exchange shall be at the expense of the Authority, except that the Trustee may charge the person requesting such exchange the amount of any tax or other governmental charge required to be paid with respect thereto. The Trustee shall treat the registered owner as the person exclusively entitled to payment of principal and interest and the exercise of all other rights and powers of the owner, except that interest payments shall be made to the person shown as holder on the fifteenth day of the month preceding each interest payment date. All acts conditions and things required to happen, exist or be performed precedent to and in the issuance of this bond have happened, exist and have been performed. This bond shall not become obligatory for any purpose or be entitled to any security or benefit under the Agreement of Trust or be valid until the Trustee shall have executed the Certificate of Authentication appearing hereon and inserted the date of authentication hereon. IN WITNESS WHEREOF, the City of Virginia Beach Development Authority has caused this bond to be signed by its Chairman, its seal to be imprinted hereon and attested by its Secretary, and this bond to be dated the date first above written. CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY (SEAL) By Chairman Attest: Secretary A-5 CERTIFICATE OF AUTHENTICATION Date Authenticated: June , 2015 This bond is one of the Series 2015 Bonds described in the within mentioned Agreement of Trust. U.S. BANK NATIONAL ASSOCIATION, as Trustee By Authorized Officer A-6 ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sell(s), assign(s) and transfer(s)unto (please print or typewrite name and address, including zip code, of Transferee) PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF TRANSFEREE • • • • The within Bond and all rights thereunder, hereby irrevocably constituting and appointing , Attorney, to transfer said Bond on the books kept for the registration thereof, with full power of substitution in the premises. Date: Signature Guaranteed NOTICE: Signature(s) must be guaranteed (Signature of Registered Owner) by an Eligible Guarantor Institution such as a Commercial Bank, Trust Company, NOTICE: The signature above must Securities Broker/Dealer, Credit Union, correspond with the name of the or Savings Association who is a member registered owner as it appears on the of a medallion program approved by The front of this bond in every particular, Securities Transfer Association, Inc. without alteration or enlargement or any change whatsoever. A-7 EXHIBIT B Unless this certificate is presented by an authorized representative of The Depository Trust Company, a New York corporation ("DTC"), to the issuer or its agent for registration of transfer, exchange, or payment, and any certificate is registered in the name of Cede & Co., or in such other name as is requested by an authorized representative of DTC (and any payment is made to Cede & Co. or to such other entity as is requested by an authorized representative of DTC), ANY TRANSFER, PLEDGE, OR OTHER USE HEREOF FOR VALUE OR OTHERWISE BY OR TO ANY PERSON IS WRONGFUL inasmuch as the registered owner hereof, Cede & Co., has an interest herein. REGISTERED REGISTERED R-1 $ UNITED STATES OF AMERICA COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY Public Facility Refunding Revenue Bond, Series 2015B INTEREST RATE MATURITY DATE DATED DATE CUSIP July 15, June_, 2015 92774G REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: DOLLARS The City of Virginia Beach Development Authority, a political subdivision of the Commonwealth of Virginia (the "Authority"), for value received, hereby promises to pay upon surrender hereof at the principal corporate trust office of U.S. Bank National Association (successor to Wachovia Bank, National Association), Richmond, Virginia, as trustee, or its successor in trust (the "Trustee"), under the Agreement of Trust (as hereinafter defined) solely from the source and as hereinafter provided, to the registered owner hereof, or registered assigns or legal representative, the principal sum stated above on the maturity date stated above, subject to prior redemption as hereinafter provided, and to pay, solely from such source, interest hereon on each January 15 and July 15, beginning January 15, 2016 at the annual rate stated above, calculated on the basis of a 360-day year of twelve 30-day months. Interest is payable (a) from June , 2015, if this bond is authenticated prior to January 15, 2016, or (b) otherwise from the January 15 or July 15 that is, or immediately precedes, the date on which this bond is authenticated (unless payment of interest hereon is in default, in which case this bond shall bear B-1 interest from the day to which interest has been paid). Interest is payable by check or draft mailed to the registered owner hereof at its address as it appears on the fifteenth day of the month preceding each interest payment date on registration books kept by the Trustee; provided, however, that at the option of a registered owner of at least $1,000,000 of Bonds (as hereinafter defined), payment will be made by wire transfer pursuant to the most recent wire instructions received by the Trustee from such registered owner. If the nominal date for making any payment on this bond is a Business Day (as hereinafter defined), the payment may be made on the next Business Day with the same effect as if made on the nominal date, and no additional interest shall accrue between the nominal date and the actual payment date. Principal and interest are payable in lawful money of the United States of America. "Business Day" shall mean a day on which banking business is transacted, but not including a Saturday, Sunday or legal holiday, or any day on which banking institutions are authorized by law to close in the city in the Commonwealth of Virginia in which the Trustee has its principal corporate trust office. Notwithstanding any other provision hereof, this bond is subject to book-entry form maintained by the Depository Trust Company ("DTC"), and the payment of principal and interest, the providing of notices and other matters shall be made as described in the Authority's Letter or Representations to DTC. This bond is one of an issue of $ Public Facility Revenue Bonds, Series 2015A and $ Public Facility Refunding Revenue Bonds, Series 2015B (collectively, the "Bonds"), authorized and issued pursuant to Chapter 643 of the Virginia Acts of Assembly of 1964, as amended. The Bonds are issued under and secured by an Agreement of Trust dated as of September 1, 2003, between the Authority and the Trustee, as supplemented by a First Supplemental Agreement of Trust dated as of September 1, 2003, a Second Supplemental Agreement of Trust dated as of May 1, 2005, a Third Supplemental Agreement of Trust dated as of June 1, 2007, a Fourth Supplemental Agreement of Trust dated as of May 1, 2010, a Fifth Supplemental Agreement of Trust dated as of June 1, 2012, a Sixth Supplemental Agreement of Trust dated as of June 1, 2013, a Seventh Supplemental Agreement of Trust dated as of June 1, 2014 and an Eighth Supplemental Agreement of Trust dated as of June 1, 2015 (collectively, the "Agreement of Trust"). The Agreement of Trust assigns to the Trustee, as security for the Bonds, (a) the revenues and receipts derived from a Support Agreement dated as of September 1, 2003, as supplemented and amended by a First Supplemental Support Agreement dated as of May 1, 2005, a Second Supplemental Support Agreement dated as of June 1, 2007, a Third Supplemental Support Agreement dated as of May 1, 2010, a Fourth Supplemental Support Agreement dated as of June 1, 2012, a Fifth Supplemental Support Agreement dated as of June 1, 2013, a Sixth Supplemental Support Agreement dated as of June 1, 2014 and a Seventh Supplemental Support Agreement dated as of June 1, 2015 (collectively, the "Support Agreement"), each between the Authority and the City of Virginia Beach, Virginia (the "City"), and (b)the Authority's rights under the Support Agreement (except for the Authority's rights under the Support Agreement to the payment of certain fees and expenses and the rights to notices). Reference is hereby made to the Agreement of Trust for a description of the provisions, among others, with respect to the nature and extent of the security, the rights, duties and obligations of the Authority and the Trustee, the rights of the holders of the Bonds and the terms upon which the Bonds are issued and secured. The Bonds are equally and ratably secured on a B-2 parity basis with the Authority's $9,000,000 Taxable Public Facility Revenue Bonds, Series 2005B, its $96,835,000 Public Facility Revenue Bonds, Series 2007A, its $4,030,000 Taxable Public Facility Revenue Bonds, Series 2007B, its $17,000,000 Public Facility Revenue Bonds, Series 2010A, its $98,035,000 Public Facility Refunding Revenue Bonds, Series 2010B, its $40,450,000 Public Facility Refunding Revenue Bonds, Series 2010C, its $22,580,00 Public Facility Revenue Bonds, Series 2012A, its $25,640,000 Public Facility Refunding Revenue Bonds, Series 2012B, its $20,960,000 Public Facility Revenue Bonds, Series 2013A, its $44,975,000 Public Facility Revenue Bonds, Series 2014A and its $20,320,000 Public Facility Refunding Revenue Bonds, Series 2014B (collectively, the "Parity Bonds"). Additional bonds secured by a pledge of revenues and receipts derived from the City under the Support Agreement on a parity with the Bonds and the Parity Bonds may be issued under the terms and conditions set forth in the Agreement of Trust. Terms not otherwise defined herein shall have the meaning assigned such terms in the Agreement of Trust. The Bonds are issued to finance the acquisition, construction and equipping of various capital improvements for the City and to refund certain of the Parity Bonds. Under the Support Agreement, the City has agreed to make payments that will be sufficient to pay the principal of and interest on the Bonds as the same shall become due in accordance with their terms and the provisions and the terms of the Agreement of Trust. The undertaking by the City to make payments under the Support Agreement does not constitute a debt of the City within the meaning of any constitutional or statutory limitation nor a liability of or a lien or charge upon funds or property of the City beyond any fiscal year for which the City has appropriated moneys to make such payments. THE BONDS AND THE INTEREST THEREON ARE LIMITED OBLIGATIONS OF THE AUTHORITY PAYABLE SOLELY FROM REVENUES AND RECEIPTS DERIVED FROM THE CITY RECEIVED BY THE AUTHORITY UNDER THE SUPPORT AGREEMENT, AND FROM CERTAIN FUNDS, AND THE INVESTMENT INCOME THEREON, HELD UNDER THE AGREEMENT OF TRUST, WHICH REVENUES, RECEIPTS AND FUNDS HAVE BEEN PLEDGED AND ASSIGNED TO SECURE PAYMENT THEREOF. THE BONDS AND INTEREST THEREON SHALL NOT BE DEEMED TO CONSTITUTE A GENERAL OBLIGATION DEBT OR A PLEDGE OF THE FAITH AND CREDIT OF THE COMMONWEALTH OF VIRGINIA OR ANY POLITICAL SUBDIVISION THEREOF, INCLUDING THE AUTHORITY AND THE CITY. NEITHER THE COMMONWEALTH OF VIRGINIA NOR ANY POLITICAL SUBDIVISION THEREOF, INCLUDING THE AUTHORITY AND THE CITY, SHALL BE OBLIGATED TO PAY THE PRINCIPAL OF OR INTEREST ON THE BONDS OR OTHER COSTS INCIDENT THERETO EXCEPT FROM THE REVENUES AND RECEIPTS PLEDGED AND ASSIGNED THEREFORE, AND NEITHER THE FAITH AND CREDIT NOR THE TAXING POWER OF THE COMMONWEALTH OF VIRGINIA, OR ANY POLITICAL SUBDIVISION THEREOF, INCLUDING THE AUTHORITY AND THE CITY, IS PLEDGED TO THE PAYMENT OF THE PRINCIPAL OF OR INTEREST ON THE BONDS OR OTHER COSTS INCIDENT THERETO. THE AUTHORITY HAS NO TAXING POWER. No covenant, condition or agreement contained herein shall be deemed to be a covenant, agreement or obligation of any present or future director, officer, employee or agent of the Authority in its individual capacity, and neither the Chairman of the Authority nor any officer B-3 thereof executing this bond shall be liable personally on the Bonds or be subject to any personal liability or accountability by reason of the issuance thereof. The Bonds may not be called for redemption by the Authority except as provided herein and in the Agreement of Trust. The Bonds maturing on or after July 15, 2026, may be redeemed prior to their respective maturities on or after July 15, 2025, at the option of the Authority, at the direction of the City, in whole or in part at any time at a redemption price of 100% of the principal amount, or portion thereof, of Bonds to be redeemed plus interest accrued to the redemption date. If less than all the Bonds are called for redemption, they shall be redeemed from maturities in such order as determined by the Authority, at the direction of the City. If less than all of the Bonds of any maturity are called for redemption, the Bonds to be redeemed shall be selected by DTC or any successor securities depository pursuant to its rules and procedures or, if the book-entry system is discontinued, shall be selected by the Trustee by lot in such manner as the Trustee in its discretion may determine. The portion of any Bond to be redeemed shall be in the principal amount of $5,000 or some integral multiple thereof In selecting Bonds for redemption, each Bond shall be considered as representing that number of Bonds which is obtained by dividing the principal amount of such Bond by $5,000. If any of the Bonds or portions thereof are called for redemption, the Trustee shall send notice of the call for redemption, identifying the Bonds or portions thereof to be redeemed, not less than 30 nor more than 60 days prior to the redemption date, by facsimile or electronic transmission, registered or certified mail or overnight express delivery, to the registered owner of the Bonds. Such notice may state that (1) it is conditioned upon the deposit of moneys, in an amount equal to the amount necessary to effect the redemption, with the Trustee no later than the redemption date or (2) the Authority retains the right to rescind such notice on or prior to the scheduled redemption date, and such notice and option redemption shall be of no effect if such moneys are not so deposited or if the notice is rescinded. Provided funds for their redemption are on deposit at the place of payment on the redemption date, all Bonds or portions thereof so called for redemption shall cease to bear interest on such date, shall no longer be secured by the Agreement of Trust and shall not be deemed to be Outstanding under the provisions of the Agreement of Trust. If a portion of this bond shall be called for redemption, a new bond in principal amount equal to the unredeemed portion hereof will be issued to DTC or its nominee upon surrender hereof, or if the book-entry system is discontinued, to the registered owners of this bond. The registered owner of this bond shall have no right to enforce the provisions of the Agreement of Trust or to institute action to enforce the covenants therein or to take any action with respect to any Event of Default under the Agreement of Trust or to institute, appear in or defend any suit or other proceedings with respect thereto, except as provided in the Agreement of Trust. Modifications or alterations of the Agreement of Trust or the Support Agreement, or of any supplement thereto, may be made only to the extent and in the circumstances permitted by the Agreement of Trust. B-4 The Bonds are issuable as registered bonds in the denomination of$5,000 and integral multiples thereof Upon surrender for transfer or exchange of this bond at the corporate trust office of the Trustee in Richmond, Virginia, together with an assignment duly executed by the registered owner or its duly authorized attorney or legal representative in such form as shall be satisfactory to the Trustee, the Authority shall execute, and the Trustee shall authenticate and deliver in exchange, a new bond or bonds in the manner and subject to the limitations and conditions provided in the Agreement of Trust, having an equal aggregate principal amount, in authorized denominations, of the same series form and maturity, bearing interest at the same rate and registered in the name or names as requested by the then registered owner hereof or its duly authorized attorney or legal representative. Any such exchange shall be at the expense of the Authority, except that the Trustee may charge the person requesting such exchange the amount of any tax or other governmental charge required to be paid with respect thereto. The Trustee shall treat the registered owner as the person exclusively entitled to payment of principal and interest and the exercise of all other rights and powers of the owner, except that interest payments shall be made to the person shown as holder on the fifteenth day of the month preceding each interest payment date. All acts conditions and things required to happen, exist or be performed precedent to and in the issuance of this bond have happened, exist and have been performed. This bond shall not become obligatory for any purpose or be entitled to any security or benefit under the Agreement of Trust or be valid until the Trustee shall have executed the Certificate of Authentication appearing hereon and inserted the date of authentication hereon. IN WITNESS WHEREOF, the City of Virginia Beach Development Authority has caused this bond to be signed by its Chairman, its seal to be imprinted hereon and attested by its Secretary, and this bond to be dated the date first above written. CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY (SEAL) By Chairman Attest: Secretary B-5 CERTIFICATE OF AUTHENTICATION Date Authenticated: June , 2015 This bond is one of the Series 2015 Bonds described in the within mentioned Agreement of Trust. U.S. BANK NATIONAL ASSOCIATION, as Trustee By Authorized Officer B-6 ASSIGNMENT FOR VALUE RECEIVED the undersigned hereby sell(s), assign(s) and transfer(s) unto (please print or typewrite name and address, including zip code, of Transferee) PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER OF TRANSFEREE • • • • • • The within Bond and all rights thereunder, hereby irrevocably constituting and appointing , Attorney, to transfer said Bond on the books kept for the registration thereof, with full power of substitution in the premises. Date: Signature Guaranteed NOTICE: Signature(s) must be guaranteed (Signature of Registered Owner) by an Eligible Guarantor Institution such as a Commercial Bank, Trust Company, NOTICE: The signature above must Securities Broker/Dealer, Credit Union, correspond with the name of the or Savings Association who is a member registered owner as it appears on the of a medallion program approved by The front of this bond in every particular, Securities Transfer Association, Inc. without alteration or enlargement or any change whatsoever. B-7 EXHIBIT C CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY SUMMARY OF REFUNDED PRIOR BONDS BASE CUSIP NUMBER: 92774G Maturity CUSIP Interest Par Call Call Bonds Date Number Rate Amount Date Price Public Facility Revenue 07/15/2019 DM4 5.000% $4,195,000 07/15/2017 100% Bonds, Series 2007A 07/15/2020 DN2 5.000 4,405,000 07/15/2017 100% 07/15/2021 DP7 5.000 4,640,000 07/15/2017 100% 07/15/2024 DS1 5.000 5,385,000 07/15/2017 100% 07/15/2025 DT9 5.000 5,665,000 07/15/2017 100% 07/15/2026 DU6 5.000 5,955,000 07/15/2017 100% 07/15/2027 DV4 5.000 5,635,000 07/15/2017 100% $35,880,000 4819-8645-1235.2 c-i cf.,..0„, XL��.. ti Yh S ,i,— f'.1 •-‘!,:%,„ ✓ al,,?lI CITY OF VIRGINIA BEACH AGENDA ITEM ,/ ITEM: A Resolution to Endorse the Deferred Compensation Investment Policy MEETING DATE: June 2, 2015 ■ Background: The City of Virginia Beach established a plan of deferred compensation for its employees on March 23, 1981 (the "Plan"). The Plan originally included three investment options from which employees could choose to place contributions from their salaries. The Plan has been modified to include Sheriff's Office employees as well as School employees. The Plan assets are held in trust in accordance with federal law. The City Code provides that the Deferred Compensation Board (the "Board") shall supervise, administer, and implement the Plan. The Board utilizes an investment policy (the "Policy") in its evaluation of the various plan options at quarterly meetings. This Policy was endorsed by the City Council in December 2005. • Considerations: The Board regularly reviews the Policy and uses the Policy in its evaluation of the investment options provided by the Plan. The attached resolution seeks Council endorsement of an update to the Policy that the Board approved during its most recent meeting. The changes to the Plan are underlined in the attached Policy and include giving the Board discretion to not replace an investment option that has been removed by the Board and increasing latitude for the Board as to whether each investment category requires an investment option. Since 2005, the deferred compensation industry has moved toward a more streamlined menu of investment options, and the attached update to the Policy reflects this shift. • Public Information: Public information will be provided by the regular City Council agenda process. in Recommendations: Adopt the attached resolution. • Attachments: Resolution; Exhibit A: Deferred Compensation Investment Policy Recommended Action: Approval , f\itaci' Submitting Departme. Agency: Department of Finance City Manager: c EXHIBIT A CITY OF VIRGINIA BEACH DEFERRED COMPENSATION PLAN Statement of investment Policy Council Consideration June 2, 2015 TABLE OF CONTENTS Page INTRODUCTION 2 OBJECTIVES OF THE PLANS 2 INVESTMENT OPTIONS AND CATEGORIES 4 STABLE VALUE AND FUND CRITERIA 6 REPORTING &MONITORING PROCEDURES 15 INVESTMENT FUND EVALUATION 16 FORMAL FUND REVIEW (WATCHLIST) 17 TERMINATION OF FUND 17 INVESTMENT POLICY CHANGES 18 II INTRODUCTION The City of Virginia Beach Deferred Compensation Board (the "Board") hereby amends the Statement of Investment Policy ("Statement") for the City of Virginia Beach Deferred Compensation Plan, City of Virginia Beach Sheriffs Office Supplemental Retirement Plan, and the School Board of the City of Virginia Beach Deferred Compensation Plan,hereinafter referred to as ("the Plan"). This Statement sets forth the goals and objectives of the investment options available under the Plan. The purpose of the Statement is to guide the Board in effectively supervising, monitoring, and managing the investment options available under the Plan. The Statement is designed to allow the sufficient flexibility in the management oversight process, while also setting forth reasonable parameters to promote the exercise of reasonable prudence and care with respect to the investment options under the Plan. The Statement provides the framework for the selection of investment options, a procedure for the ongoing evaluation of the investment options available under the Plan,and guidelines for terminating and replacing investment options. The Board shall choose which investment options will be available under the Plan and shall monitor the investment options' compliance with the Statement. The consultant shall work with the Board to manage the investment process. This includes regular meetings with the Board to provide an independent perspective on the Plan's goals. The Board and Consultant will review the investment offerings and performance and make recommendations to the Board as appropriate. OBJECTIVES OF THE PLANS The Plan is a long-term retirement savings vehicles and is intended as a source of retirement income for eligible participants. The investment options available cover a broad range of investment risk and rewards appropriate for these kinds of retirement savings programs. Neither the Board nor the Consultant has fiduciary responsibility shall be responsible for any fmancial loss that may be incurred by any participant because of the participant's investment direction or because of any action taken in accordance with the participant's investment direction. The Board and the Recordkeeper do not provide investment advice to any participant or assist any participant in deciding how to allocate contributions to the participants' plan accounts. This Statement of Investment Policy serves the following purposes: • To ensure that a broad range of investment options are offered to Plan participants; • To establish an investment program that will allow Plan participants the opportunity to structure an investment strategy that meets their individual return objectives and risk tolerances; • To define the investment categories offered by the Plans; • To establish investment objectives and guidelines for each investment category offered within the Plans; • To establish benchmarks and performance standards for each investment and to evaluate each option's performance against appropriate benchmarks and standards; • To establish a procedure for reporting and monitoring of the various funds; • To define the procedures for investment fund selection,evaluation and formal fund review; and • To set guidelines and procedures for the freezing or withdrawal of an investment option,which in the Board' opinion does not or will not, fulfill the Plans' objectives for which it was selected and, if necessary,replace the option with an appropriate substitute. • To follow industry best practices in the offering of investment options,which may include removing investment options. ' II INVESTMENT OPTIONS AND CATEGORIES The Plans' authorized investments currently consist of eighteen options defined by either investment objective or risk category as outlined in the table below. Investment Options Benchmark Peer Group Stable Value 3-Year Treasury(Constant N/A Basis) &Hueler secondary Fixed Income Barclays Capital Aggregate Fixed Income Universe Bond Index Large Cap Value Russell 1000 Value Index Large Cap Value Universe Large Cap Core (active) S&P 500 Index Large Cap Core Universe Large Cap Core(passive) S&P 500 Index Large Cap Core Universe Large Cap Growth Russell 1000 Growth Index Large Cap Growth Universe Mid Cap Value Russell Mid Cap Value Index Mid Cap Value Universe Mid Cap Core Russell Mid Cap Index Mid Cap Core Universe Mid Cap Growth Russell Mid Cap Growth Index Mid Cap Growth Universe Small Cap Value Russell 2000 Value Index Small Cap Value Universe Small Cap Core Russell 2000 Index Small Cap Core Index Small Cap Growth Russell 2000 Growth Index Small Cap Growth Universe Foreign Equity MSCI EAFE Index Foreign Equity Fund Global Equity MSCI AWCI Index Global Equity Universe Lifestyle Composite Index N/A ' Ih Each investment option offered under the Plans shall: • Operate in full accordance with its current published prospectus or"fact sheet"; • Have its performance results measured against the applicable performance standards described herein. If the Board determines an investment option no longer meets the performance criteria, it may replace that option with a suitable alternative pursuant to the investment fund evaluation procedure outlined herein. Alternatively, if the Board determines there is no suitable alternative or the replacement of such option is not necessary,the Board may decline to provide a replacement option. From time-to-time, the Board, in its discretion, may add investment options/categories to the current core options. At such time, the Statement of Investment Policy will be modified to include these additions. The Board shall select investment options based upon administrative, pricing, historical performance, management style,and other mutually agreeable criteria in cooperation with the Recordkeeper. Investment Categories: Objectives,Guidelines&Performance Standards The Plan shall may offer at least one investment option within each of the following investment categories: Stable Value Objective The objective of this fund option is to provide principal preservation, benefit responsiveness, liquidity, and current income at levels that typically are higher than those provided by money market funds over an interest rate cycle. The book value accounting feature of most Stable Value Fund investments is expected to produce relatively stable annual return on fund assets with little to no fluctuation in account values. Performance Standards • To provide a competitive rate of interest relative to the Hueler Stable Value Index. • This fund declares an annualized rate of interest at least quarterly and prior to the quarter. • Review the book to market ratio of the portfolio on a quarterly basis. Investment Objective: Within the parameters as stated below,the objectives of the fund are to: 1. Preserve principal 2. Provide sufficient liquidity to pay plan benefits 3. Provide stable and predictable returns 4. Earn a high level of return relative to other objectives of the fund Benchmark Index: The interest rates provided to participants after investment management fees will be compared to the yield of three-year treasury notes,on a constant maturity basis. Types of Investments: Subject to the Quality and Diversification Guidelines, Great-West may invest the assets of the Stable Asset Fund in any or all of the following: A. United States Treasury Securities including Treasury Bills,Notes, Bonds, and Strips. B. United States Agency or Government Sponsored Enterprises (GSE's) Securities, including 1) debt guaranteed under the FDIC's Debt Guarantee program or a similar debt guarantee program backed by the United States Government and any other agency or GSE debt unless otherwise restricted; 2) U.S. Agency or GSE Asset-Backed Securities and Commercial Mortgage-Backed Securities; and 3)other U.S.Agency Securities. C. Mortgage-Backed securities issued by GNMA, FNMA, FHLMC, FHLB, VA Vendee, or other United States Agency or GSE's. D. Collateralized Mortgage Obligations (CMO's) secured by GNMA, FNMA, FHLMC, FHLB, VA Vendee, or other United States Agency or GSE's. E. Instruments of Commercial Banks, U.S. money market mutual funds, or repurchase agreements fully collateralized by United States Government,Agency, or GSE securities. F. Commercial Paper rated Al, P 1, or Fl as rated by S&P,Moody's or Fitch. G. Corporate and Non-Corporate Credit Bonds rated "A-/A3" or better as rated by S&P, Moody's or Fitch at time of purchase. All securities must be U.S. dollar denominated. Non-Corporate Credit Bonds include 1) Foreign Sovereigns, 2) Supranationals, 3) U.S. and Foreign Local Governments, and 4)Foreign Agencies. H. Non-Agency Securities: Asset-Backed Securities, Mortgage-Backed Securities, and Commercial Mortgage-Backed Securities rated "AAA/Aaa" as rated by S&P, Moody's or Fitch at time of purchase. Great West Life & Annuity Insurance Company provides a book value guarantee to insure principal and interest preservation. Short-term Investments: All money received by Great-West for deposit to the Stable Asset Fund will be invested the same day it is received. Whenever possible these monies will be invested in the type of investments indicated above. However, if the monies are received at a time of the day which makes this impractical, then the monies will be invested in an interest bearing account at a commercial bank. The money will be invested according to the above guidelines on a timely basis, and in the best interest of the participants. Quality&Diversification Guidelines: A. A maximum of 10% of the account assets may be invested in Corporate Bonds and Non- Corporate Credit Bonds as described in"G"of Types of Investments. B. A maximum of 10% of the account assets may be invested in Non-Agency Securities (Asset-Backed Securities, Mortgage-Backed Securities, and Commercial Mortgage- Backed Securities)as described in"H"of Types of Investments. C. Weighted average quality of AA-/Aa3 or better. D. For "G" and "H" Types of Investments, no more than 2% of the portfolio may be invested in any one issuer. For purposes of diversification, each Non-Agency Asset- Backed, Mortgage-Backed or Commercial-Mortgage-Backed trust will be treated as a separate issuer. Duration of Investments: The portfolio's average duration will not exceed four years. Reporting: A. On a quarterly basis, the manager will provide a statement to the Board showing the market value of each security, the sector diversification within the portfolio, and the duration, quality and yield of the portfolio. B. On a quarterly basis, the manager will provide to the Board a book value statement showing the book value of the total portfolio and showing the methodology and assumptions used to reset the crediting rate of the Stable Asset Fund. C. On an annual basis, a senior representative of Great-West will be made available to the Plan to present to the Plan a verbal and written review of the investment decisions, and the rationale associated with these decisions for the previous 12-month's activity. Trading Authority: Within the Investment Guidelines as stated in this Exhibit, Great-West has the authority to buy and ' II sell any securities in this separate account that it judges to be in the best long-term interest of the separate account and the participants that utilize the account; provided, however, that it is understood that Investment Manager may raise cash by selling assets to provide liquidity to pay benefits and withdrawals. Changes to the Investment Guidelines: The Group Contract holder may modify the guidelines (including duration) for investment of assets of the fund at any time providing that these modifications will not affect the funds ability to provide benefits at book value. Proposed modifications will be subject to review by the Investment Manager before being implemented. No Competing Funds: In order to protect the integrity of the fund, no competing funds to the Stable Asset Fund are allowed. Competing funds include other Stable Value Funds, funds with a known or periodically declared stated rate of interest, money market funds, Bond funds with less than 3 year duration, and any other fund offered by the plan that Great-West in good faith deems to be a competing fund. In the unlikely event that an existing Plan investment becomes a competing fund, an equity wash for a period of up to 180 days may apply to all participant transfers until the competing fund is removed, unless otherwise agreed to between Great-West Life & Annuity Insurance Company and the Plan. Amortization of Trading Gains/Losses: The general policy of the fund will be a 'buy and hold" strategy. However, to the extent that realized gains or losses occur, these gains/losses will be amortized over the expected average duration of the portfolio. Fixed Income Objective The objective of this investment is to invest in income-producing securities, including corporate and US Government bonds, preferred stocks, income-producing common stocks, convertibles, and foreign securities. Investment returns are expected to be derived primarily from current income. Performance Standards(Net of fees) • To exceed the return of the Barclays Capital Aggregate Index over a full market cycle, or generally a period of 3 to 5 years. • To exceed the median return of the fixed income fund universe over a full market cycle. • Risk, as measured by the standard deviation of quarterly returns, shall be consistent with that of the Barclays Capital Aggregate Index and fixed income universe. Large Cap Value Equity Objective The objective of this investment category is to invest primarily in the common stock of large capitalization domestic companies considered by the fund manager to be undervalued relative to the market. Investment returns are expected to be derived primarily from capital appreciation and, to a lesser degree, dividend income. The market capitalization range for this investment category will be in line with the capitalization classification determined by mutual fund databases, such as Morningstar and Lipper. Performance Standards(Net offees) • To exceed the return of the Russell 1000 Value Index over a full market cycle, or generally a period of 3 to 5 years. • To exceed the median return of the large cap value equity fund universe over a full market cycle. • Risk, as measured by the standard deviation of quarterly returns, shall be consistent with that of the Russell 1000 Value Index and the large cap value equity fund universe. Large Cap Core Equity(active) Objective The objective of this investment category is to invest primarily in common stock of large capitalization domestic companies considered by the fund manager to be undervalued relative to the market or having above average potential for capital appreciation. Investment returns are expected to be derived primarily from capital appreciation and,to a lesser degree,dividend income. Performance Standards(Net of Fees) • To exceed the return of the S&P 500 Index over a full market cycle, or generally a period of 3 to 5 years. • To exceed the median return of the large cap core equity fund universe over a full market cycle. • Risk, as measured by the standard deviation of quarterly returns, shall be consistent with that of the S&P 500 Index and the large cap core equity fund universe. Large Cap Core Equity(passive) Objective The objective of this investment category is to track the performance of the Standard& Poor's 500 Index by investing in common stock of the large capitalization domestic companies comprising the Index. The S&P 500 Index is an equity composite of the 500 largest companies in the United States based on market capitalization. The fund manager targets to match the index rather than attempt to outperform the index. Investment returns are expected to be derived primarily from capital appreciation and, to a lesser degree, dividend income. Performance Standards(Net of Fees) • To approximate the performance of the S&P 500 Index over a full market cycle, or generally a period of 3 to 5 years. • To exceed the median return of the large cap core equity fund universe over a full market cycle. Large Cap Growth Equity Objective The objective of this investment category is to invest primarily in the common stock of large capitalization domestic companies considered by the fund manager to have above average potential for capital appreciation. Investment returns are expected to be derived primarily from capital appreciation.The market capitalization range for this investment category will be in line with the capitalization classification determined by mutual fund databases, such as Morningstar and Lipper. Performance Standards(Net of Fees) • To exceed the return of the Russell 1000 Growth Index over a full market cycle,or generally a period of 3 to 5 years. • To exceed the median return of the large cap growth equity fund universe over a full market cycle. • Risk, as measured by the standard deviation of quarterly returns, shall be consistent with that of the Russell 1000 Growth Index and the large cap growth equity fund universe. Mid Cap Value Equity Objective The objective of this Category is to invest primarily in the common stocks of medium-sized companies considered by the Investment Option manager to be undervalued relative to the market. Investment returns are expected to be derived primarily from capital appreciation and, to a lesser degree, dividend income. The market capitalization range for this investment category will be in line with the capitalization classification determined by mutual fund databases, such as Morningstar and Lipper. Performance Standards(Net of Fees) • To exceed the return of the Russell Midcap Value Index over a full market cycle, or generally a period of 3 to 5 years. • To exceed the median return of the mid cap value equity fund universe over a full market cycle. • Risk, as measured by the standard deviation of quarterly returns, shall be consistent with that of the Russell Mid Cap Value Index and the mid cap value equity fund universe. Mid Cap Core Equity(passive) Objective The objective of this investment category is to invest in the common stock of medium capitalization domestic companies considered by the fund manager to be undervalued relative to the market or having above average potential for capital appreciation. Investment returns are expected to be derived primarily from capital appreciation and, to a lesser degree, dividend income. The market capitalization range for this investment category will be in line with the capitalization classification determined by mutual fund databases, such as Morningstar and Lipper. Performance Standards(Net of Fees) • To approximate the performance of the Russell Midcap Index over a full market cycle,or generally a period of 3 to 5 years. • To perform in the median return of the mid cap core equity fund universe over a full market cycle. Mid Cap Growth Equity Objective The objective of this Category is to invest in the common stocks of medium-sized capitalization domestic companies considered by the Investment Option manager to have above average earnings potential for capital appreciation. Investment returns are expected to be derived primarily from capital appreciation. The market capitalization range for this investment category will be in line with the capitalization classification determined by mutual fund databases, such as Morningstar and Lipper. Performance Standards(Net of Fees) • To exceed the return of the Russell Midcap Growth Index over a full market cycle, or generally a period of 3 to 5 years. • To exceed the median return of the mid cap growth equity fund universe over a full market cycle. • Risk, as measured by the standard deviation of quarterly returns, shall be consistent with that of the Russell Mid Cap Growth Index and the mid cap growth equity fund universe. Small Cap Value Equity Objective The objective of this investment category is to invest primarily in the common stocks of small capitalization domestic companies considered by the fund manager to be undervalued relative to the market or with above average potential for capital appreciation. Investment returns are expected to be derived primarily from capital appreciation and,to a lesser extent,dividend income. Performance Standards(Net of Fees) • To exceed the return of the Russell 2000 Value Index over a full market cycle, or generally a period of 3 to 5 years. • To exceed the median return of the small cap value equity fund universe over a full market cycle. • Risk,as measured by the standard deviation of quarterly returns, shall be consistent with that of the Russell 2000 Value Index and the small cap value equity fund universe. Small Cap Blend Equity Objective The objective of this investment category is to invest primarily in the common stocks of small capitalization domestic companies considered by the fund manager to be undervalued relative to the market (value) or to have above average potential for capital appreciation (growth). Investment returns are expected to be derived primarily from capital appreciation and, to a lesser extent, dividend income. The market capitalization range for this investment category will be in line with the capitalization classification determined by mutual fund databases, such as Morningstar and Lipper. Performance Standards (Net of Fees) • To exceed the return of the Russell 2000 Index over a full market cycle,or generally a period of 3 to 5 years. • To exceed the median return of the small cap core equity fund universe over a full market cycle. • Risk, as measured by the standard deviation of quarterly returns, shall be consistent with that of the Russell 2000 Index and the small cap core equity fund universe. Small Cap Growth Equity Objective The objective of this Category is to invest primarily in the common stocks of small capitalization domestic companies considered by the Investment Option manager to have above average potential for capital appreciation. Investment returns are expected to be derived primarily from capital appreciation. The market capitalization range for this investment category will be in line with the capitalization classification determined by mutual fund databases, such as Morningstar and Lipper. Performance Standards (Net of Fees) • To exceed the return of the Russell 2000 Growth Index over a full market cycle,or generally a period of 3 to 5 years. • To exceed the median return of the small cap growth equity fund universe over a full market cycle. • Risk, as measured by the standard deviation of quarterly returns, shall be consistent with that of the Russell 2000 Growth Index and the small cap growth equity fund universe. Foreign Equity Objective The objective of this investment category is to invest primarily in the common stock of companies located outside the United States. Investment returns are expected to be derived primarily from capital appreciation. Performance Standards(Net of Fees) • To exceed the return of the MSCI EAFE Index(net dividends) over a full market cycle, or generally a period of 3 to 5 years. • To exceed the median return of the foreign equity fund universe over a full market cycle. • Risk, as measured by the standard deviation of quarterly returns, shall be consistent with that of the MSCI EAFE Index(net)and the foreign equity fund universe. Global Equity Objective The objective of this investment category is to invest primarily in the common stock of companies located around the world.Investment returns are expected to be derived primarily from capital appreciation. Performance Standards(Net of Fees) • To exceed the return of the MSCI ACWI Index(net dividends)over a full market cycle, or generally a period of 3 to 5 years. • To exceed the median return of the global equity fund universe over a full market cycle. • Risk, as measured by the standard deviation of quarterly returns, shall be consistent with that of the MSCI ACWI Index(net)and the global equity fund universe. Lifestyle Objective The objective of this investment category is to invest in an allocation of fixed income and equity securities according to certain risk characteristics. Conservative funds are weighted in favor of fixed income securities to provide a less risky investment option to participants in or nearing retirement, or with a low tolerance for volatile investment performance. Balanced funds seek a balance between fixed income and equity securities to provide potential for higher returns, while seeking to limit the volatility of overall fund performance. Growth funds are weighted in favor of equities to provide potential for high returns, but through increased risk, to participants with long investment horizons or with a high tolerance for risk. Investment returns may be derived from a combination of current income and capital appreciation. Performance Standards(Net of fees) • To exceed the return of a composite index over a market cycle, or generally a period of 3 to 5 years. • The composite index for each fund will be established by the fund manager to reflect the asset allocation of the portfolio. REPORTING AND MONITORING PROCEDURES The Board will review the Plan at least annually,including review of the following: • Current trends and developments in the capital markets and investment management community (market review); • The current level of diversification provided by the investment categories and options offered by the Plan under the current service providers core investment fund line-up (review of the correlation between investment categories and options); • Changes in the investment management staff related to each investment option (organizational review); • The continued consistency between the stated investment guidelines of each investment option and Plan policies(review of the guidelines of each investment option); • The compliance of each investment option with stated investment guidelines(review of the holdings and characteristics of each investment option),including style drift analysis; • The compliance of each investment option's risk and return characteristics with the expectations stated herein(performance review); • Retain at their discretion,investment management,trustee and other professional services to facilitate and assist with the management of the Plan's investment options; and • Segal Scoring System, which is a proprietary mutual fund scoring system developed by the Segal Advisors' Research Team. The system utilizes quantitative and qualitative criteria to score the mutual funds.Detailed below are the scores and the actions that may be taken by the Board: For Active Funds. bove Average o Action B •bove Average o Action verage losely Monitor D atch list I and Alert Immediate Action erminate mg<than 3 years of history Check share class and inception date For Index Funds: a QSatisfactory I o Action B Satisfactory I o Action ®Satisfactory o Action D I mediate Action erminate ediate Action erminate than 3 years of history Check share class and inception date ■ The Morningstar Rating, which is a quantitative proprietary scoring system developed by Morningstar. The system is a quantitative measure of risk-adjusted returns. This rating details how well the fund has balanced risk and return relative to other funds in a similar Morningstar category. The Morningstar Rating is calculated over a 3 and 5-year period with a scale from 1 to 5. A 3, 4 or 5 rating is considered above benchmark,while a 1 or 2 rating is considered"Below Benchmark." INVESTMENT FUND EVALUATION The Board,in its discretion,may conduct informal review and evaluation of an investment fund at any time. The Board may place a fund under formal fund review, terminate a fund, or "freeze" a fund to new contributions for any of the following reasons: 1. The fund has not met the performance standards under the Plan for the fund's investment category; 2. The fund has changed investment manager,or such change appears imminent; 3. The fund has had a significant change in ownership or control; 4. The fund has changed investment focus or has experienced style drift, departing from the investment objectives or parameters in its prospectus or"fact sheet";or 5. The fund has violated a SEC rule or regulation. FORMAL FUND REVIEW(WATCHLIST) If the a fund has not met the criteria outlined in the document above, the Board may place the fund on Formal Review (Watchlist). When a fund has been placed under formal review (Watchlist), the Board shall conduct a detailed evaluation of the fund, its operations, and its performance. During the review,the Board 1) may suspend contributions to the fund from existing participants and 2) may close the fund to new enrollees. Upon completion of the evaluation,the Board may continue the fund under formal review status,remove the fund from formal review, or terminate the fund. • If a positive conclusion is reached concerning the Manager's continued ability to meet the performance criteria and investment constraints in the future, then no action will be taken. However, the Board will revisit the performance issues within three months. • If a positive conclusion is not reached concerning the Manager's continued ability to meet performance criteria and investment constraints in the future, then the fund will be frozen and will trigger the following: TERMINATION OF FUNDS When the Board terminates a fund: 1. The Board will seek a new fund appropriate for the given asset class; 2. The Board must promptly notify the Recordkeeper that the fund is being terminated; 3. Upon identifying a fund, the Board must promptly notify Plan participants who are currently investing in the fund that the Board is terminating the fund as an investment option under the Plan effective on a designated future date (effective date)and that: a. As of the effective date, new investment monies must be redirected to another fund option under the Plan prior to the termination date of the fund; b. Participants having assets in the frozen fund may leave them in the fund for a period of up to six months after the effective date (also known as a "sunset" date), at which time assets in the frozen fund will be mapped to the new replacement fund, or a designated default fund option. INVESTMENT POLICY CHANGES The Board retains the right to modify the above investment policy as they deem necessary to meet its fiduciary responsibility for the Plan and to the participants. * * * * * * This Statement of Investment Policy is adopted by the City of Virginia Beach Deferred Compensation Plan Board on Signature/Title Date !�*a, '''4,77; 4`rvw CITY OF VIRGINIA BEACH AGENDA ITEM I ITEM: A Resolution to Grant Permits Allowing Certain Emergency Medical Services Agencies to Operate in the City of Virginia Beach MEETING DATE: June 2, 2015 • Background: City Code Section 10.5-2 requires any organization that operates an emergency medical services agency or any emergency medical services vehicle within the City to obtain a permit from City Council. Such permits must be renewed by City Council annually. • Considerations: The following applications have been received and processed by the Department of Emergency Medical Services for the operation of basic and advanced life support agencies: American Lifeline Medical Transport, Inc.; American Medical Response Mid-Atlantic, Inc.; Cardinal Ambulance Service, Inc.; Children's Hospital of the King's Daughters; Eagle Medical Transports, LLC; Emergency Medical Response, LLC; Medical Transport, LLC; Mid-Atlantic Regional Ambulance, Inc.; Nightingale Air Ambulance; Reliance Medical Transport; Robbie's Ambulance Service, Inc.; Special Event Providers of Emergency Medicine; Swift Medical Transport; and Tidewater Medical Transport, LLC. During the previous twelve months, most of the private emergency medical services agencies listed above performed non-emergency and inter-facility transports to include both basic and advanced life support calls. • Public Information: Public information will be handled through the normal Council agenda process. • Attachments: Resolution Recommended Action: Adoption Submitting Department/Agency: Department of Emergency Medical Services d)ES City Manager: ;. 1 A RESOLUTION TO GRANT PERMITS ALLOWING CERTAIN 2 EMERGENCY MEDICAL SERVICES AGENCIES TO 3 OPERATE IN THE CITY OF VIRGINIA BEACH 4 5 WHEREAS, pursuant to City Code Section 10.5-2, any organization that operates 6 an emergency medical services agency or any emergency medical services vehicle within 7 the City must first obtain a permit from City Council, and such permits must be renewed on 8 an annual basis; and 9 10 WHEREAS, applications for permit renewals have been received by the following 11 agencies: American Lifeline Medical Transport, Inc.; American Medical Response Mid- 12 Atlantic, Inc.; Cardinal Ambulance Service, Inc.; Children's Hospital of the King's 13 Daughters; Eagle Medical Transports, LLC; Emergency Medical Response, LLC; Medical 14 Transport, LLC; Mid-Atlantic Regional Ambulance, Inc.; Nightingale Air Ambulance; 15 Reliance Medical Transport; Special Event Providers of Emergency Medicine, Service, , 16 and; and 17 18 WHEREAS, the above-listed private ambulance agencies perform services not 19 provided by the City's volunteer rescue squads, such as non-emergency inter-facility 20 transports, which include both basic and advance life support calls. 21 22 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 23 VIRGINIA BEACH; 24 25 1. That the City Council hereby grants Emergency Medical Services permits to the 26 following agencies: 27 28 American Lifeline Medical Transport, Inc.;American Medical Response Mid-Atlantic, 29 Inc.; Cardinal Ambulance Service, Inc.; Children's Hospital of the King's Daughters; 30 Eagle Medical Transports, LLC; Emergency Medical Response, LLC; Medical 31 Transport, LLC; Mid-Atlantic Regional Ambulance, Inc.; Nightingale Air Ambulance; 32 Reliance Medical Transport; Robbie's Ambulance Service, Inc.; Special Event 33 Providers of Emergency Medicine; Swift Medical Transport; and Tidewater Medical 34 Transport, LLC. 35 36 2. That these permits shall be effective from July 1, 2015 until June 30, 2016. Adopted by the City Council of the City of Virginia Beach,Virginia, on this day of , 2015. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Medica Services.... __,.. 1) D2Wee,yr Cit Attorne 's Office E rgency y y CA 13364 R-1 May 22, 2015 Pfd SIA �C1�E i > ,,r CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Authorize the City Manager to Execute a Design Agreement for the Lynnhaven River Basin Ecosystem Restoration Project with the Army Corps of Engineers MEETING DATE: June 2, 2015 • Background: The Water Resources Development Act of 1986 provides federal funding and oversight of restoration projects by the U.S. Army Corps of Engineers (USAGE). In a recent round of federal funding, the USACE received funds toward a restoration project in the Lynnhaven River Basin. The total project includes 38 acres of wetlands, 94 acres of submerged aquatic vegetation, and the construction of 31 acres of artificial reef habitat. As with other projects through the USACE, there is a federal/local cost share of the various work items. Generally, the split requires a local contribution of 35%. The initial design component of a project may have a lower cost share, and that is the case for this project. The City's share for the initial design is $300,000 or 25%, and these funds are available in CIP #7-159, "Water Quality Participation Projects." • Considerations: The attached ordinance and design agreement are required prior to the USACE initiation of the design work for the Lynnhaven River Basin project. The City's commitment at this time is $300,000. If the project proceeds to construction or requires additional design, the City will be required to contribute additional funds, and the entire project structure anticipates the typical 35%165% local/federal cost share. The design agreement requires certifications by the City Attorney and the City Manager. In regard to the agreement, the USACE has requested the City hold and save harmless the Federal Government free from damages arising from the Agreement. Generally, such a promise is an unauthorized wavier of sovereign immunity. However, the General Assembly has authorized a locality to make such a promise in a cooperative agreement with the USACE such as the design agreement. See Va. Code §§ 62.1-148, et seq. The promise to save and hold harmless the Federal Government exposes the City to various litigation risks, which could include the obligation for the City to pay damages in addition to the City's cost share for the design work. • Public Information: Normal Council Agenda process. • Recommendations: Approve the attached ordinance and authorize the execution of the related certificates. • Attachments: Ordinance; Exhibit A: Design Agreement Recommended Action: Approval Submitting De•art - t/Agency: Public Works P pro City Manager: o ` ` 1 AN ORDINANCE TO AUTHORIZE THE CITY 2 MANAGER TO EXECUTE A DESIGN 3 AGREEMENT FOR THE LYNNHAVEN RIVER 4 BASIN ECOSYSTEM RESTORATION PROJECT 5 WITH THE ARMY CORPS OF ENGINEERS 6 7 WHEREAS, the Water Resources Development Act of 1986 provides federal 8 funding and oversight of restoration projects by the U.S. Army Corps of Engineers 9 (USACE); 10 11 WHEREAS, the USACE received funding to initiate design of a restoration 12 project for the Lynnhaven River Basin to include 38 acres of wetlands, 94 acres of 13 submerged aquatic vegetation, and the construction of 31 acres of artificial reef habitat; 14 and 15 16 WHEREAS, the City's portion of the cost share for the design is $300,000 or 25% 17 of the proposed cost of design; and 18 19 WHEREAS, the City Council finds it serves the public interest to partner with the 20 USACE in funding the initial design of a restoration project for the Lynnhaven River 21 Basin and that such project will accrue to the benefit of the City; 22 23 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA, THAT: 25 26 The City Manager, or his designee, is hereby authorized and directed to execute 27 a Design Agreement with the Department of the Army for the Lynnhaven River Basin 28 Ecosystem Restoration Project, attached hereto as Exhibit A, and the City Manager and 29 City Attorney, or designee, are hereby authorized to execute the required certificates 30 regarding authority and lobbying. 31 32 BE IT FURTHER ORDAINED, THAT: 33 34 In accordance with the requirements of § 62.1-148 of the Code of Virginia, the 35 City Clerk shall cause a copy of this ordinance and the resulting agreement to be sent to 36 the Commissioner of Water Resources for the information of the Governor. Adopted by the Council of the City of Virginia Beach, Virginia on the day of , 2015. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: / / /i,_. e______________ Public Works Cit. r y CA13358 R-2 May 21, 2015 EXHIBIT A DESIGN AGREEMENT BETWEEN THE DEPARTMENT OF THE ARMY AND CITY OF VIRGINIA BEACH,VA FOR DESIGN FOR THE LYNNHAVEN RIVER BASIN ECOSYSTEM RESTORATION PROJECT, VIRGINIA 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 City of Virginia Beach, VA (hereinafter the "Non-Federal Sponsor"),represented by City Manager. WITNESSETH,THAT: WHEREAS,Federal General Investigations funds for Fiscal Year 2013, included funds for the Government to initiate design of the Lynnhaven River Basin Ecosystem Restoration Project, Virginia(hereinafter the "Project" as defined in Article I.A. of this Agreement) at City of Virginia Beach, VA; WHEREAS, construction or implementation of the Project is authorized by Public Law 113-121, Water Resources Reform Development Act June 10, 2014, Sec 7002.(5)10.; WHEREAS, Section 105(c) of the Water Resources Development Act of 1986, Public Law 99-662 (33 U.S.C. 2215),provides that the costs of design of a water resources project shall be shared in the same percentage as the purposes of such project; WHEREAS, the Government and the Non-Federal Sponsor agree that, during the period of design, the Non-Federal Sponsor shall contribute 35 percent of total design costs and that, if a Project Partnership Agreement for construction of the Project is executed between the Government and a non-Federal interest, such non-Federal interest shall contribute any remaining portion of the non-Federal share of the costs of design in accordance with the provisions of such Project Partnership Agreement; 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 Project 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 design and implementation of the Project. NOW,THEREFORE,the Government and the Non-Federal Sponsor agree as follows: ARTICLE I - DEFINITIONS A. The term"Project" shall mean to restore 38 acres of wetlands, 94 acres of SAV, and construction of 31 acres of artificial reef habitat as generally described in the Chief of Engineers Report, Subject: Lynnhaven River Basin Ecosystem Restoration Project, Virginia, dated March 27,2014. B. The term"total design 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 design of the Project. Subject to the provisions of this Agreement,the term shall include,but is not necessarily limited to:the Government's costs of engineering and design, economic and environmental analyses, and evaluation performed after a feasibility report whether performed prior to or after the effective date of this Agreement that were not previously shared with a non-Federal interest pursuant to any other agreement; the Government's costs of 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 Design 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 VII.B. and Article VII.C. of this Agreement. The term does not include any costs of betterments under Article II.E. of this Agreement; any costs of dispute resolution under Article V of this Agreement; any costs incurred as part of reconnaissance studies for the Project; any costs incurred as part of feasibility studies under any other agreement for the Project; the Non- Federal Sponsor's costs of negotiating this Agreement; any costs of a contract for an Independent External Peer Review panel; or any costs of negotiating a project partnership agreement for the Project or separable element thereof C. The term"period of design"shall mean the time from the effective date of this Agreement to the date that a Project Partnership Agreement for construction of the Project, or a separable element thereof, is executed between the Government and a non- Federal interest or the date that this Agreement is terminated in accordance with Article X of this Agreement, whichever is earlier. D. The term"financial obligations for design" shall mean the financial obligations of the Government that result or would result in costs that are or would be included in total design costs. 2 E. The term"non-Federal proportionate share" shall mean the ratio of the Non- Federal Sponsor's total contribution of funds required by Article II.B.1. of this Agreement to financial obligations for design, as projected by the Government. F. The term"betterment" shall mean a difference in the design of an element of the Project that results from the application of standards that the Government determines exceed those that the Government would otherwise apply to the design of that element. The term does not include any design for features not included in the Project as defined in paragraph A. of this Article. G. 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. H. The term"fiscal year" shall mean one year beginning on October 1 and ending on September 30. 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 design the Project, applying those procedures usually applied to Federal projects,in accordance with Federal laws,regulations, and policies. 1. To the extent possible, the Government shall design the Project in accordance with the Project Management Plan for the Project developed and updated as required by the Government after consultation with the Non-Federal Sponsor. 2. The Government shall afford the Non-Federal Sponsor the opportunity to review and comment on the solicitations for all 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 design using the Government's own forces, execution of contract modifications,resolution of contract claims, and performance of all work on the Project shall be exclusively within the control of the Government. 3 3. 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 Project,the District Engineer shall furnish a copy thereof to the Non-Federal Sponsor. 4. The Government shall afford the Non-Federal Sponsor the opportunity to review and comment on all design products that are developed by contract or by Government personnel during the period of design. The Government shall consider in good faith the comments of the Non-Federal Sponsor, but the final approval of all design products shall be exclusively within the control of the Government. 5. As of the effective date of this Agreement, $900,000 of Federal funds for design have been provided by Congress for the Parent Project of which $900,000 is currently projected to be available for the Project. The Government makes no commitment to request Congress to provide additional Federal funds for the Parent Project or the Project. Further, the Government's financial participation in the Project is limited to the Federal funds that the Government makes available to the Project. B. The Non-Federal Sponsor shall contribute 35 percent of total design costs in accordance with the provisions of this paragraph. 1. The Non-Federal Sponsor shall provide funds in accordance with Article IV.B. of this Agreement in the amount necessary to meet the Non-Federal Sponsor's share of 35 percent of total design costs if the Government projects at any time that the collective value of the Non-Federal Sponsor's contributions under Article III and Article VII of this Agreement will be less than such share. 2. The Government, subject to the availability of funds, shall refund or reimburse to the Non-Federal Sponsor any,contributions in excess of 35 percent of total design costs if the Government determines at any time that the collective value of the following contributions has exceeded 35 percent of total design costs: (a)the value of the Non-Federal Sponsor's contributions under paragraph B.1. of this Article; and(b)the value of the Non-Federal Sponsor's contributions under Article III and Article VII of this Agreement. C. Upon conclusion of the period of design,the Government shall conduct an accounting, in accordance with Article IV.C. of this Agreement, and furnish the results to the Non-Federal Sponsor. D. The Non-Federal Sponsor shall not use Federal program funds to meet any of its obligations for the Project under this Agreement unless the Federal agency providing the funds verifies in writing that such funds are authorized to be used to carry out the Project. E. The Non-Federal Sponsor may request the Government to include betterments in the design of the Project. Such requests shall be in writing and shall describe the betterments requested to be included in the design of the Project. If in its sole discretion 4 the Government elects to include such betterments or any portion thereof in the design of the Project, it shall so notify the Non-Federal Sponsor in a writing that sets forth any applicable terms and conditions, which must be consistent with this Agreement. In the event of conflict between such a writing and this Agreement, this Agreement shall control. The Government shall allocate the costs of the Project features that include betterments between total design costs and the costs of the betterments. The Non-Federal Sponsor shall be solely responsible for all costs of design of the betterments by the Government under this paragraph and shall pay all such costs in accordance with Article IV.D. of this Agreement. F. If the Government and a non-Federal interest enter into a Project Partnership Agreement for construction of the Project, or a separable element thereof, the Government, in accordance with the provisions of this paragraph, shall include the amount of total design costs in total project costs for the Project, or separable element thereof Further, the Government, in accordance with the provisions of this paragraph, shall afford credit toward the non-Federal interest's share of total project costs for the Project, or separable element thereof, for the Non-Federal Sponsor's contributions toward total design costs under this Agreement. 1. If the Government and a non-Federal interest enter into a Project Partnership Agreement for construction of the entire Project, the Government shall include the amount of total design costs in total project costs for the Project. Further, the Government shall afford credit toward the non-Federal interest's share of total project costs for the Non-Federal Sponsor's contributions toward total design costs, including any excess amount determined in accordance with Article IV.C.2. or Article IV.D.3.b. of this Agreement that was not refunded or reimbursed by the Government. 2. If the Government and a non-Federal interest enter into a Project Partnership Agreement for construction of a separable element of the Project, the Government shall determine the portion of total design costs that are allocable to such separable element and include such amount in total project costs for such separable element. Further, the Government shall determine the amount of the Non-Federal Sponsor's contributions toward total design costs, including any excess amount determined in accordance with Article IV.C.2. or Article IV.D.3.b. of this Agreement that was not refunded or reimbursed by the Government, that are allocable or attributable to such separable element and shall afford credit for such amount toward the non-Federal interest's share of total project costs of such separable element. 3. If the Government and a non-Federal interest do not enter into a Project Partnership Agreement for construction of the Project or a separable element thereof, the Government shall not be obligated to refund or reimburse the Non-Federal Sponsor, in whole or in part, for the Non-Federal Sponsor's contribution toward total design costs. Further, refund or reimbursement by the Government for any excess amount determined in accordance with Article IV.C.2. or Article IV.D.3.b. of this Agreement is subject to the availability of funds. 5 G. This Agreement shall not be construed as obligating either party to seek funds for, or to participate in, construction or implementation of the Project or a separable element thereof or as relieving the Non-Federal Sponsor of any future obligation under the terms of any Project Partnership Agreement. ARTICLE III - DESIGN 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 Design Coordination Team. Thereafter,the Design Coordination Team shall meet regularly until the end of the period of design. The Government's Project Manager and a counterpart named by the Non-Federal Sponsor shall co-chair the Design Coordination Team. B. The Government's Project Manager and the Non-Federal Sponsor's counterpart shall keep the Design Coordination Team informed of the progress of design and of significant pending issues and actions, and shall seek the views of the Design Coordination Team on matters that the Design Coordination Team generally oversees. C. Until the end of the period of design,the Design Coordination Team shall generally oversee the Project, including matters related to: design; completion of all necessary environmental coordination and documentation; scheduling of reports and work products;plans and specifications;real property and relocation requirements for construction of the Project;design contract awards and modifications; design contract costs; the Government's cost projections; anticipated requirements and needed capabilities for performance of operation,maintenance,repair,rehabilitation, and replacement of the Project including issuance of permits; and other matters related to the Project. This oversight of the Project shall be consistent with a project management plan developed by the Government after consultation with the Non-Federal Sponsor. D. The Design Coordination Team may make recommendations to the District Engineer on matters related to the Project that the Design Coordination Team generally oversees,including suggestions to avoid potential sources of dispute. The Government in good faith shall consider the recommendations of the Design Coordination Team. The Government,having the legal authority and responsibility for design of the Project,has the discretion to accept or reject, in whole or in part,the Design Coordination Team's recommendations. E. The Non-Federal Sponsor's costs of participation in the Design Coordination Team shall be included in total design costs and shared in accordance with the provisions of this Agreement, subject to an audit in accordance with Article VII.C. of this Agreement to determine reasonableness, allocability, and allowability of such costs. The Government's costs of participation in the Design Coordination Team shall be included in total design costs and shared in accordance with the provisions of this Agreement. 6 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, and the contributions provided by the parties. 1. As of the effective date of this Agreement, total design costs are projected to be $1,200,000; the value of the Non-Federal Sponsor's contributions under Article III and Article VII of this Agreement is projected to be$300,000;the Non-Federal Sponsor's contribution of funds required by Article II.B.1. of this Agreement is projected to be$300,000; the non-Federal proportionate share is projected to be 25 percent; and the Government's total financial obligations to be incurred to include betterments in the design of the Project and the Non-Federal Sponsor's contribution of funds for such costs required by Article II.E. of this Agreement are projected to be$0. 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 October 1,2015 and by each quarterly anniversary thereof until the conclusion of the period of design 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 design costs; the value of the Non-Federal Sponsor's contributions under Article III and Article VII of this Agreement;the Non-Federal Sponsor's contribution of funds required by Article II.B.1. of this Agreement; the non-Federal proportionate share; the total contribution of funds required from the Non-Federal Sponsor for the upcoming contract and upcoming fiscal year] and the Government's total financial obligations to be incurred to include betterments in the design of the Project and the Non-Federal Sponsor's contribution of funds for such costs required by Article II.E. of this Agreement. B. The Non-Federal Sponsor shall provide the contribution of funds required by Article II.B.1. 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. 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, Norfolk District 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. 7 2. The Government shall draw from the funds provided by the Non- Federal Sponsor such sums as the Government deems necessary to cover: (a) the non- Federal proportionate share of financial obligations for design incurred prior to the commencement of the period of design; and (b) the non-Federal proportionate share of financial obligations for design as financial obligations for design 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 45 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 design 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 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 design costs. In addition, the interim or final accounting, as applicable, shall determine each party's required share thereof, and each party'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 design 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,Norfolk District 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 design costs exceed the Non-Federal Sponsor's total required share thereof,the Government, subject to the availability of funds, 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. If such appropriations are not received or, if the Non-Federal Sponsor requests that the Government not refund or reimburse the excess amount to the Non- Federal Sponsor, the Government shall apply the excess amount toward the share of total 8 project costs for the Project that is required of the non-Federal interest executing a Project Partnership Agreement or agreements for the Project or separable element thereof in accordance with Article II.F. of this Agreement. D. The Non-Federal Sponsor shall provide the contribution of funds required by Article II.E. of this Agreement to include betterments in the design of the Project in accordance with the provisions of this paragraph. 1. Not less than 60 calendar days prior to the scheduled date for the first financial obligation to include betterments in the design of the Project, the Government shall notify the Non-Federal Sponsor in writing of such scheduled date and of the full amount of funds the Government determines to be required from the Non-Federal Sponsor to cover the costs of design of such betterments. No later than 30 calendar days prior to the Government incurring any financial obligation for design of such betterments, the Non-Federal Sponsor shall provide the Government with the full amount of the funds required to cover the costs of design of such betterments through any of the payment mechanisms specified in paragraph B.1. of this Article. 2. The Government shall draw from the funds provided by the Non- Federal Sponsor such sums as the Government deems necessary to cover the Government's financial obligations for design of such betterments as they are incurred. If at any time the Government determines that the Non-Federal Sponsor must provide additional funds to pay for design of such betterments, 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 30 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. 3. At the time the Government conducts the interim or final accounting, as applicable, the Government shall conduct an accounting of the Government's financial obligations to include betterments in the design of the Project and furnish the Non- Federal Sponsor with written notice of the results of such accounting. If outstanding relevant claims and appeals prevent a final accounting of design of such betterments from being conducted in a timely manner, the Government shall conduct an interim accounting of design of such betterments 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 of design of such betterments to complete the final accounting of design of such betterments and furnish the Non-Federal Sponsor with written notice of the results of such final accounting. Such interim or final accounting, as applicable, shall determine the Government's total financial obligations for design of such betterments and the Non-Federal Sponsor's contribution of funds provided thereto as of the date of such accounting. a. Should the interim or final accounting, as applicable, show that the total obligations for including betterments in the design of the Project exceed the total 9 contribution of funds provided by the Non-Federal Sponsor for design of such betterments, 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,Norfolk District E4"to the District Engineer or by providing an Electronic Funds Transfer in accordance with procedures established by the Government. b. Should the interim or final accounting, as applicable, show that the total contribution of funds provided by the Non-Federal Sponsor for including betterments in the design of the Project exceeds the total obligations for design of such betterments, the Government, subject to the availability of funds, shall refund 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 and funds are not available to refund the excess amount to the Non-Federal Sponsor, the Government shall seek such appropriations as are necessary to make the refund. If such appropriations are not received or, if the Non-Federal Sponsor requests that the Government not refund the excess amount to the Non-Federal Sponsor, the Government shall apply the excess amount toward the share of total project costs for the Project that is required of the non- Federal interest executing a Project Partnership Agreement or agreements for the Project or separable element thereof in accordance with Article II.F. of this Agreement. 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—HOLD AND SAVE Tthe Non-Federal Sponsor shall hold and save the Government free from all damages arising from design of the Project and any betterments, except for damages due to the fault or negligence of the Government or its contractors. ARTICLE VII - 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 10 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 Office of Management and Budget(OMB) Circular No. A-133 and Department of Defense Directive 7600.10. Upon request of the 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 Project shall be included in total design 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 design costs and shared in accordance with the provisions of this Agreement. ARTICLE VIII - 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 IX - 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 11 against that contractor either pursuant to any cause of action that the other party may have or for violation of any law. ARTICLE X - TERMINATION OR SUSPENSION A. 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 design of the Project 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 Project. B. In the event the Government projects that the amount of Federal funds the Government will make available to the Project through the then-current fiscal year, or the amount of Federal funds the Government will make available for the Project through the upcoming fiscal year, is not sufficient to meet the Federal share of total design 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 Project will be exhausted. Upon the exhaustion of Federal funds made available by the Government to the Project, future performance under this Agreement shall be suspended. 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 design 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. C. In the event the Government determines that modifications to the Project are required and that additional authorization by Congress will be required before the Government may construct such modifications, the Government shall notify the Non- Federal Sponsor in writing of such determinations and shall terminate this Agreement. D. In the event that this Agreement is terminated pursuant to this Article,both parties shall conclude their activities relating to the Project 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 Project and an equal percentage of the total funds contributed by the Non-Federal Sponsor in accordance with Article II.B.1. of this Agreement as a contingency to pay costs of termination, including any costs of resolution of contract claims and contract modifications. 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 12 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 XI -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: If to the Non-Federal Sponsor:Public Works Engineering 2405 Courthouse Drive, 3rd Floor Virginia Beach, VA 23456 Attention: Water Resources Project Manager If to the Government: 803 Front Street,Norfolk,VA 23510 Attention: PPMD-C. 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 XII—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 XIII - 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. [intentionally left blank] 13 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 CITY OF VIRGINIA BEACH,VIRGINIA BY: BY: [TYPED NAME] James K. Spore COL, EN Commanding CITY MANAGER DATE: DATE: 14 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 design of the LYNNHAVEN RIVER BASIN ECOSYSTEM RESTORATION PROJECT, 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: 15 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: 16 I ,,,,,',pi1A,AE,jfi yY 71 `;3 as+ i�.`\ CITY OF VIRGINIA BEACH AGENDA ITEM ,j ITEM: An Ordinance to Appropriate $174,457 in Insurance Recovery Revenue to CIP Project# 3-052, "IT Service Continuity" MEETING DATE: June, 2 2015 • Background: The equipment room in the City of Virginia Beach Traffic Management Center (TMC) flooded in August 2014. Several key components controlling the video wall were damaged resulting in the need for $190,463 in repairs. In order to maintain operations, replacement equipment was purchased and installed through CIP # 3-052, "IT Service Continuity." An emergency equipment replacement contingency resides within this project and was utilized to cover these repair costs. Recently, the City Insurance Adjuster provided a partial reimbursement in the amount of $174,457 to the City of Virginia Beach. Appropriating this revenue to CIP #3-052 IT Service Continuity will reimburse the project for a portion of the expenses it incurred by replacing the TMC video wall. • Considerations: Appropriate $174,457 in Insurance Recovery revenue to CIP #3-052 IT Service Continuity. • Public Information: Public information will be provided through the normal City Council agenda process. • Recommendation: Adopt the attached ordinance. ■ Attachment: Ordinance Recommended Action: Approval of Ordinance Submitting Department/Agency: Public Works pi)t0 56City Manager: Ilke 1 AN ORDINANCE TO APPROPRIATE $174,457 IN 2 INSURANCE RECOVERY REVENUE TO CIP 3 PROJECT #3-052, "IT SERVICE CONTINUITY" 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 That $174,457 is hereby appropriated, with insurance recovery revenue 9 increased accordingly, to CIP #3-052, "IT Service Continuity," as a partial 10 reimbursement of costs related to repairs of the video wall in the Traffic Management 11 Center. Adopted by the Council of the City of Virginia Beach, Virginia on the day of 2015. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Budget and Management Servi - City 'lore y's Office CA13366 R-1 May 20, 2015 1 -Ai CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Accept and Appropriate Grant Funds to the Fire Department for Training Equipment MEETING DATE: June 2, 2015 • Background: The Virginia Department of Fire Programs awarded a grant of $50,000 to the City of Virginia Beach to purchase a vehicle fire prop that will be used at the Regional Fire Services Training Facility. The addition of this prop to the facility will enhance the training opportunities and reduce costs in the future. Vehicles used for this type of training cost approximately $500 each, which can become cost prohibitive over time. The gas fired prop will also dramatically reduce the number of times that actual vehicles will be burned, resulting in reduced emissions from burning synthetic materials. Representatives from Hampton, Newport News and Norfolk are listed as partners in applying for this grant, as those cities use this Regional Training Facility on a regular basis. • Considerations: This grant is awarded by the Virginia Department of Fire Programs. There is no local match required for this program. • Public Information: Public information will be handled through the normal Council agenda process. • Recommendations: Adopt the attached ordinance. • Attachments: Ordinance Recommended Action: Approval Submitting Department/Agency: Fire Department y,..,City Manager:, 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE GRANT 2 FUNDS TO THE FIRE DEPARTMENT FOR TRAINING 3 EQUIPMENT 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 That $50,000 in grant funding from the Virginia Department of Fire Programs is 9 hereby accepted and appropriated, with estimated state revenue increased accordingly, 10 to the FY 2014-15 Operating Budget of the Fire Department to purchase a vehicle fire 11 prop for training. Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2015. Requires an affirmative vote by a majority of all members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: r11n 37j()/"Ul, Q Budget and Management Serviced Cit -O:rne 's Office CA13365 R-1 May 20, 2015 1 J. PLANNING 1. JEFFREY A. and SUZANNE BREIT for a change in a Non-Conforming Use re structure enlargement at 608 Linkhorn Drive DISTRICT 6—BEACH RECOMMENDATION: APPROVAL 2. THOMAS R. and JOAN G. ECKERT for a Conditional Change of Zoning from R-7.5 Residential to Conditional PD-H2 Planned Development, R-5D Residential and Conditional B- 1A Business re office and residential use at 4444 Shore Drive (Deferred May 5, 2015) DISTRICT 4—BAYSIDE RECOMMENDATION: APPROVAL 3. Ordinance to AMEND §§ 4.3, 4.9, 5.1 and 6.1 of the Floodplain Ordinance re Recreational Resort Communities RECOMMENDATION: APPROVAL 4. Ordinances to GRANT extensions for satisfying conditions of Street Closures granted June 17, 2014: a. Former Oakmears Crescent now part of relocated Princess Anne Road b. Unimproved right-of-way of Oakmears Crescent DISTRICT 2 - KEMPSVILLE RECOMMENDATION: APPROVAL rgirk erA ryCHI r04h� 1 4, " yi u ry . 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,June 2,2015 at 6:00 P.M. at which time the following application will be heard: JEFFREY A.&SUZANNE BREIT (Applicants&Owners), Enlargement of a Nonconforming Use,608 Linkhorn Drive(GPIN 24187446640000).COUNCIL DISTRICT-BEACH. Copies of the proposed ordinances, resolutions, and amendments are on file and may be examined in the Department of Planning or online at htto://www.vbEOv.Com/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 757-385-4303; Hearing Impaired, call 711(Virginia Relay-Telephone Device for the De f) Ruth Hodge r,MMC City Clerk BEACON:MAY 17&24 2015 y... 444 04 +me :o•Vo - CC Ma ,i72g ). I , - %.... C T, V 4 \ a z r 0 • . p7,,,.._... , . , ,,..._,::.. , 6 I a 4) a<`, .O 4.. - ..N.,/ (/ 4, __. 0 4., )4. 4. _. . — Aik: \ () /- * \\::)tt\N e- a 043 N\\\\\:4\‘V p- „,„,....,Z „...., . ge <1 . , 0.4 J ... ;-7.._ :'.:1--..,., ii OP' ,,... .'6"E. a CO 1. 1111N. tf �/ tl ‘`q7, 61 a. l'n t— 4 C :7 - 0 ~'. 1 P t 11111111111.1.-- . 11111111111111111 Qom_ '-- vaz a a _ _ = s co -- , o 00z H 1 f� I'lir}r2(u „.`zt.off CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: A Resolution Authorizing the Enlargement of a Nonconforming Use on Property Located at 608 Linkhorn Drive (GPIN 24187446640000) and Owned by Jeffrey and Suzanne Breit. COUNCIL DISTRICT— BEACH. MEETING DATE: June 2, 2015 ■ Background: The subject site, which was created in 1916, is zoned R-40 Residential District and is situated adjacent to the Princess Anne Country Club Golf Course. There is a single-family dwelling, a garage apartment, and a pool house located on the site. City records indicate that both the primary dwelling unit and garage apartment were constructed in 1921, which predates the adoption of the Zoning Ordinance. Two residential structures are not permitted on one lot in the R-40 District; thus, the use of the site is nonconforming. 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." Accordingly, since the existing use of the property is nonconforming, the proposed addition constitutes an enlargement of the current use of the property, and may only proceed 'upon a resolution of City Council.' • Considerations: The proposed scope of work includes adding a second floor to the detached garage structure and connecting the structure with the adjacent pool house. The connection will include an interior stairway. The connection of the two structures will result in only one accessory structure on the lot. The applicant will also add a second floor open-air deck on the east side of the garage structure. Upon completion, the structure will be 2,128 square feet, which is less than the allowable amount of area permitted in the applicable zoning district. The existing garage structure is located 2.98 feet from the rear property line, within the 20 foot rear yard setback; however, the proposed addition will not increase this encroachment. 0 JEFFREY & SUZANNE BREIT Page 2 of 3 The applicant also proposes to add a covered terrace onto the side of the principal dwelling. The scope of work will include converting the existing sunroom into a covered, open-air porch, and constructing approximately 200 square feet of additional covered area. The new terrace area will match the existing terrace in flooring and railings. Additional information pertaining to this application as well as staff's evaluation of the request is included in the attached staff report. • 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. The site shall be developed in substantial conformance with the submitted site plan entitled "NON-CONFORMING USE EXHIBIT SITE 169-A, VIRGINIA BEACH, VIRGINIA FOR JEFFERY BREIT, IMPROVEMENT PLAN," dated March 11, 2015, and prepared by WPL Landscape Architecture, Land Surveying, Civil Engineering. 2. The detached accessory structure shall be developed in substantial conformance with the submitted building elevation entitled "FRONT ELEVATION ACCESSORY STRUCTURES, SCHEME A," dated January 21, 2015. 3. The accessory structure shall not be used as a dwelling unit independent of the principal dwelling unit. No person shall be permitted to establish permanent residence in the accessory structure. • Attachments: Staff Review and Disclosure Statement Resolution Location Map Recommended Action: Approval. Submitting De• : m- Agency: Planning Departmentli,) City Manager: Ilk 1)C`„` 1 A RESOLUTION AUTHORIZING THE ENLARGEMENT OF 2 A NONCONFORMING USE ON PROPERTY LOCATED AT 3 608 LINKHORN DRIVE 4 5 WHEREAS, Jeffrey and Suzanne Breit, (hereinafter the "Applicant") have made 6 application to the City Council for authorization to enlarge a nonconforming use located 7 at 608 Linkhorn Drive in the R-40 Residential District by constructing an addition to a 8 garage apartment and an addition to the principal dwelling on the lot; and 9 10 WHEREAS, this lot currently contains two single-family dwellings, which is not 11 allowed in the R-40 Residential 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. The site shall be developed in substantial conformance with the submitted 36 site plan entitled "NON-CONFORMING USE EXHIBIT SITE 169-A, 37 VIRGINIA BEACH, VIRGINIA FOR JEFFERY BREIT, IMPROVEMENT 38 PLAN," dated March 11, 2015, and prepared by WPL Landscape 39 Architecture, Land Surveying, Civil Engineering. 40 41 2. The detached accessory structure shall be developed in substantial 42 conformance with the submitted building elevation entitled "FRONT 43 ELEVATION ACCESSORY STRUCTURES, SCHEME A," dated January 44 21, 2015. 45 46 3. The accessory structure shall not be used as a dwelling unit independent 47 of the principal dwelling unit. No person shall be permitted to establish 48 permanent residence in the accessory structure. 49 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2015. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 4 41 litiPkb- j • Aie4A/ Planni •q .rtment City Attorney's Office CA13363 R-2 May 20, 2015 2 BEACH June 2, 2015 `LPL;S- Jeffrey&Suzanne Breit ,r• Ren City Council Meeting I 65-70 dB Ldn 1•• rt, • � R40 APPLICANTS & PROPERTY 1 �.Su,i r'k r�,.-.' OWNERS: 1•11•---•••••, 1 R40 70-7�.: Ldn JEFFREY & 1••+'' 44 R SUZANNE BREIT 4. R40 4f 441, r--�i 70-75 dB Ldn Rao.` •vroy wnca dIU.,#ra..Op*,sw..a ww. Non-Conforming STAFF PLANNER: Kevin Kemp REQUEST: Enlargement of a Nonconforming Use and Structures ADDRESS/DESCRIPTION: 608 Linkhorn Drive GPIN: ELECTION DISTRICT: SITE SIZE: AICUZ: 24187446640000 BEACH 55,814 square feet 70 to 75 dB DNL • • BACKGROUND AND SUMMARY Background: The subject site, which was created in 1916, is zoned R-40 Residential District and is situated adjacent to the Princess Anne Country Club Golf Course. There is a single-family dwelling, a garage apartment, and a pool house located on the site. City records indicate that both the primary dwelling unit and garage apartment were constructed in 1921, which predates the adoption of the Zoning Ordinance. Two residential structures are not permitted on one lot in the R-40 District; thus, the use of the site is nonconforming. The applicant desires to construct an addition to the • ., ,, °': - '-, i AY- ,a ,.. detached garage structure. Section 105 of the City 4,, Zoning Ordinance regulates nonconforming uses and s' " ,��-:' r' , ' °*, 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 1.140< -- authorizing such conversion, based upon its findings that the proposed use is equally appropriate or more appropriate to the district than is the existing JEFFREY & SUZANNE BREIT June 2, 2015 City Council Meeting Page 1 nonconforming use." Accordingly, since the existing use of the property is nonconforming, the proposed addition constitutes an enlargement of the current use of the property, and may only proceed 'upon a resolution of City Council.' Details: The proposed scope of work includes adding a second floor to the detached garage structure and connecting the structure with the adjacent pool house. The connection will include an interior stairway. The connection of the two structures will result in only one accessory structure on the lot. The applicant will also add a second floor open-air deck on the east side of the garage structure. Upon completion, the structure will be 2,128 square feet, which is less than the allowable amount of area permitted in the applicable zoning district. The existing garage structure is located 2.98 feet from the rear property line, within the 20 foot rear yard setback; however, the proposed addition will not increase this encroachment. The applicant also proposes to add a covered terrace onto the side of the principal dwelling. The scope of work will include converting the existing sunroom into a covered, open-air porch, and constructing approximately 200 square feet of additional covered area. The new terrace area will match the existing terrace in flooring and railings. • • LAND USE AND ZONING INFORMATION EXISTING LAND USE: Single-family dwelling and garage apartment SURROUNDING LAND North: • Golf Course/R-40 Residential District USE AND ZONING: South: • Linkhorn Drive • Single-family dwelling /R-40 Residential District East: • Single-family dwelling / R-40 Residential District West: • Single-family dwelling/ R-40 Residential District NATURAL RESOURCE AND The site is developed with two residential structures, paved driveway CULTURAL FEATURES: and parking area and an in-ground swimming pool and decking. The site is directly adjacent to Princess Anne Country Club Golf Course. The site is located within the Chesapeake Bay Watershed. COMPREHENSIVE PLAN: The Comprehensive Plan designates this site as being in the Suburban Area. The general planning principles for the Suburban Area focus on preserving and protecting the overall character, economic value, and aesthetic quality of stable neighborhoods. This is accomplished through development that is compatible with the surrounding area and site and building design that is attractive. • 0 IMPACT ON CITY SERVICES There will be no significant impact on City services as a result of the proposed addition. JEFFREY & SUZANNE BREIT June 2, 2015 City Council Meeting Page 2 EVALUATION AND RECOMMENDATION The applicant's request to add a second story on the detached garage structure and to connect the structure with the adjacent pool house, as well as add a covered terrace on the principal dwelling, is reasonable. The proposed additions are appropriate to the character of the neighborhood and the R-40 Residential District, and are not anticipated to have any negative impacts on the surrounding properties. The accessory structure that is being expanded is located less than three feet from the rear property line; however, the adjacent property consists of open space area associated with the Princess Anne Country Club Golf Course. Moreover, when the additions to the accessory structure are completed, the applicant will use the space as a pool house, gym, guest suite, and garage, decreasing the degree to which the accessory structure functions as a dwelling. In sum, Staff recommends approval of this request with the conditions listed below. • • CONDITIONS 1. The site shall be developed in substantial conformance with the submitted site plan entitled "NON- CONFORMING USE EXHIBIT SITE 169-A, VIRGINIA BEACH, VIRGINIA FOR JEFFERY BREIT, IMPROVEMENT PLAN," dated March 11, 2015, and prepared by WPL Landscape Architecture, Land Surveying, Civil Engineering. 2. The detached accessory structure shall be developed in substantial conformance with the submitted building elevation entitled "FRONT ELEVATION ACCESSORY STRUCTURES, SCHEME A," dated January 21, 2015. 3. The accessory structure shall not be used as a dwelling unit independent of the principal dwelling unit. No person shall be permitted to establish permanent residence in the accessory structure. 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. JEFFREY & SUZANNE BREIT June 2, 2015 City Council Meeting Page 3 f �. 0 =<z W o y> _ V 2 Q. v i O O �� Q\ • Cl C) C� - 4 4, f dq- .4 3 / F ' 1 :;, O 1�Ilyif�Y t AERIAL OF SITE LOCATION JEFFREY & SUZANNE BREIT June 2, 2015 City Council Meeting Page 4 11 Illi... L Id, x I LIle 4 ti • 11 rre,' e II a R xp tI a {3; �i StSwR sgi/e !$* 2.4 ! ! "s 3 �. a 1a e € 4! 7i (�_I.)� 1, y� — — ova.. _ 1_ .!.!rnn s ._ 1_ f1$ 1; b Id frd 7��i 6 t I �s kg Ys e ' ,' 1 ! !i _ i, $ e I� r, a- -i 2a bib i3 i ri ` g ! i I s at Sty,1p t _ a g Ia� wR I dt Ig; s ^. rYi di 1 4 4 , `` i . hi ..1��� - I .01 1-g :t,.1 ``,•}� 2 . 4 q 5 iiiii I. f a II IIP i li ,.t It i' 'VI a....:4____ p tlQf J,0l.f1LI. 4,y , t,r. 13 IF in i tie ti '16 !I / ! . 'Nil: is J `s i e� a:t !p'a el o 1 I -: C o igtA; r.:t� xlY I •;!*11 Ail tmli liE iI tail gt.. refil { l . a6 10 1ejep00l...111 4t(Ifrli .ile1115,0110i3, 5a5g EXISTING SITE LAYOUT JEFFREY & SUZANNE BREIT June 2, 2015 City Council Meeting Page 5 IALAAAAL 11.0...4... ...4.wa„41i14..4. w..w . . . ..... , ha ' ) ' . ., . _ , , ''' • • .N., p ' , '� ¢., ` 6 + +..: - 0000.. ' ,0000 mow` 4 s. s . t. . , ,� ,ak` w .a . G' a �;. �./iV i4 l^ Y 1 d 3' ..: .y .. 9i,ws 000,0 4 EXISTING POOL HOUSE VIEW FACING SOUTH JEFFREY & SUZANNE BREIT June 2, 2015 City Council Meeting Page 6 r 1i Illi I it ,i t11.�„.,� L_ _ 1 • W n O li: OV U C Z • O Z [� H • t ` 4 g LU 00 l' W s U W < rsIZEW 0 Z 03.CRE ti ggRU .05 iii .2, . . w,. / .w . WWi. s� m gX " : H UW U �s J ZZ i.l�..'L�I� 10.LTJ win 1111;: .Z\ p )7( IiiiU ,i�\\ \ 1". t!M1 In \,,,,..,.......r.: cew of z 11.0.- o � =o LLad a'OliJ I N W 2 \` >— �r I a.D ❑ AI ~ • i PROPOSED SITE LAYOUT JEFFREY & SUZANNE BREIT June 2, 2015 City Council Meeting Page 7 "_ .. __ t_ • _ fMit Ilk - 1111111g1141 r i � � 1 ,; 0I: ..... ____ .., _....., , silk I Q � 1:Z12) .... sir , sMl -""""JO d 1_ _ i -- , V- 1 -3 8 - ---1 g Oaiy- 2 w+) } L—____ w �. I s ; 1 ^., I___ 1 ? a II gni 1. , IL J .v.. i PROPOSED BUILDING ELEVATION JEFFREY & SUZANNE BREIT June 2, 2015 City Council Meeting Page 8 I1 h p4 0 - v ;9 P Q a Lla YF- n l. r' ° i -- : -.. :: -it 7 ,:i J ;:e 4t i o .1 1 O a f bTct i> g r NI/ IL1 s a C PROPOSED FIRST FLOOR PLAN 1 JEFFREY & SUZANNE BREIT V ' June 2, 2015 City Council Meetingr. , Page 9 ; 2 i ii 1 111 i I I i Ci d0 102 c , !( o 111 LL 'I N O 'A DII ++ II X I I ✓� I T' ill x I , N 511 ,_ E^' Z a O u. a a I o . 1 gipEt id s s — I PROPOSED SECOND FLOOR PLAN 1 I JEFFREY & SUZANNE BREIT 1 June 2, 2015 City Council Meeting Page 10 y o KITCHEN EXISTING TERRACE TO — REMAIN 1,....._____.1 .1,_ I L ,� ; Ii`� � 30' 13 o DINING ROOM c __E-14--0.- 1 ----Ls 3° i NEW COVERED E r TERRACE 1 3 J c LIVING ROOM •"'l N EXISTING SUNROOM TO r--- BE CONVERTED TO COVERED PORCH PROPOSED TERRACE ADDITION TO PRINCIPAL DWELLING JEFFREY & SUZANNE BREIT June 2, 2015 City Council Meeting Page 11 + .III BEACH Map L-5 Jeffrey & Suzanne Breit Map Not to Scale f ;lop ' 111 � 0 65 7l 1 F! , 0 ' II li II Ner o ;:; '1111, 1r!1i1 7'jilt:1410r 7 40 , #*,,er,), ., A, „, .004,/ ,„,„, , ,,. ,, o R40 '�N� C /710.^. 1 U D / dB Ldn - s a }f Jul-/:-.''.."4.-/- a 5 R40 /R40 -"4.-/ 'Zoning with Conditions/Proffers,Open Space Promotion Non-Co nformin. ZONING HISTORY There are no items that have been heard by City Council in the subject area. 411 JEFFREY & SUZANNE BREIT �1I June 2, 2015 City Council Meeting 12 1 Page 12 , t• ,. U `6` �S -u F1' ,.S J c1 Virginia Beach DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include, but are not limited to, the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board 4 4 The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. 4 ► SECTION 1 / APPLICANT DISCLOSURE Check here if the APPUCANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization. Check here if the APPLICANT 0 a corporation, partnership, firm, business, or FOR CI I USE ONLY/ dtslestues must be updated tv.a I::)vreeks pr^r tc any Page 1 of 4 Plan`alp'€ t.ss rt and Coy Ccuntti meetnn that ela ns tc Ire anpaca APPLICANT NOTIFIED OF HEARING L`'t i E NO CHANGES AS OF I s LQ REVISIONS SUBMITTED Virginia Beach other unincorporated organization, AND THEN,complete the following. (A) List the Applicant's name followed by the names of all officers, directors, members, trustees, partners, etc. below: (Attach list if necessary) 1-t-crfl. art.4 14.1A,r1rLG k- et'P.4 �- • (B) List the businesses that have a parent-subsidiary I or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes' and 2 • • SECTION 2 / PROPERTY OWNER DISCLOSURE Complete Section 2 only if property owner is different from Annlicant. Check here if the PROPERTY OWNER IS Nara corporation, partnership, firm, business, or other unincorporated organization. Check here if the PROPERTY OWNER IS a corporation, partnership, firm, business, or other unincorporated organization, AND THEN,complete the following. (A) List the Property Owner's name followed by the names of all officers, directors, members, trustees, partners, etc. below: (Attach list if necessary) arc r 1' (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner: (Attach list if necessary) The disclosures contained in this form are necessary to inform public Page 2 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. 0.4 Virginia Beach 1 "Parent-subsidiary relationship" means 'a relationship that exists when one corporation directly or indirectly owns shares possessing more than SO percent of the voting power of another corporation.' See State and Local Government Conflict of Interests Act,Va Code§ 2.2-3101. 2 "Affiliated business entity relationship" means "a relationship, other than parent-subsidiary relationship, that exists when (i)one business entity has a controlling ownership interest in the other business entity, (ii) a controlling owner in one entity is also a controlling owner In the other entity,or (iii) there is shared management or control between the business entitles. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets, the business entitles share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis, or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act, Va.Code§ 2.2-3101. 4 • SECTION 3. SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or anv business ooeratinci or to be operated on the Property. If the answer to any item is YES, please identify the firm or individual providing the service: YES NO - SERVICE PROVIDER(use additional sheets If needed) El El Accounting and/or preparer of your tax return 2/ 0 Architect/ Landscape Architect/ W PL. I^i Land Planner Fel tilt.)UGs4- Awl, Purchaser(if other than 0 the Applicant)-identify purchaser and purchaser's service providers ,/ Any other pending or proposed LLIILLJJ (identify purchaser(s)and purchaser's service providers) 61/ G Construction Contractors R.iC 6€-t� „-�, (1/Engineers/Surveyors . WPL.i►c J The disclosures contained in this form are necessary to Inform public Page 3 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law I E3 VUu4 Virginia Beach d 0 Financing (Include current ��,1}�t .13a�k, fir.A.mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) g/ ID Legal Services 3ohrt/ rrlso/l Real Estate Brokers/Agents for ❑ El current and anticipated future sales of the subject property 4 • SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have D an interest in the subject land or any proposed development contingent on the subject public action? If yes, what is the name of the official or employee and what is the nature of the interest? CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true, and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or mee ing of any public body or committee inn connection r�with ]this Application. 1 J / Aite. .1k.2�nn� K riYGl Sfa71iSJ APPUCA 1'5 SIGNATURE PRINT NAME DATE / PROPERTY •A NEWS SIGNATURE PRIM'NAME I DATE The disclosures contained in this form are necessary to inform public Page 4 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. , I ,11 11 J) V) V) GI VI 1*') ) ....,.., a q ..,....,.. . . , . . ,_ •• 0 0 , :416.: . 6,.c4iia C1•10 t, ' -- ,.*... mh,_ •,,,,e, • .0:1.4 Q.0 - ‘ / — % ..`,. ' .:,M. , 0 '''''' •• ',, • . .‘,.% ......,--- . _ ce' / ,-- r • I . • . ,11,.. .. 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CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: THOMAS R. & JOAN G. ECKERT (Applicant & Owner), Conditional Change of Zoning (R-7.5 Residential to Conditional PD-H2 Planned Development [R-5D Residential] & Conditional B-1A Business), 4444 Shore Drive (GPIN 1479774911), COUNCIL DISTRICT— BAYSIDE. MEETING DATE: June 2, 2015 • Background: This item was deferred by the City Council on May 5th at the request of the applicant for the purpose of addressing concerns raised by the Planning Commission and residents of the Baylake Pines neighborhood during the April Planning Commission meeting. The subject site (not including the far northwestern portion as noted above) is 7.28 acres and has 936 feet of shoreline frontage on Lake Joyce and 520 feet of frontage on Shore Drive. The site has been used as a private school since the mid-1950s when the Baylake Pines Upper School was constructed. Due to low enrollment, the school announced its closure in June of 2014. The site is currently zoned R-7.5 Residential. • Considerations: The applicant is requesting a Conditional Change of Zoning from R-7.5 Residential to Conditional B-1A Limited Community Business District and PD-H2 Planned Unit Development District [R-5D Residential]. The purpose of the rezoning is to develop the subject site with 30 detached houses (density of 4.6 units per acre) and a medical office building. Detailed information pertaining to the site and the proposed development, as well as Staff's evaluation, is provided in the attached staff report. In response to the concerns expressed by the Planning Commission members and speakers in opposition to the application during the April 8, 2015 Planning Commission public hearing, the applicant has made several revisions to the plans and proffers. The revisions are listed below, and are more fully explained in the attached staff report: • Modified the location of the `park' areas along the eastern lot line, providing open space, rather than dwellings, adjacent to the business located immediately to the east. THOMAS & JOAN ECKERT Page 2 of 2 • As a result of the modification above, the area of the site devoted to open space increased by 2,498 SF and the number of dwelling units decreased by one, fora total of 30. • Revised the proffers to (1) prohibit the installation of swimming pools on any lot, (2) restrict the height of storage sheds to 13 feet, and (3) prohibit the installation of storage sheds on the lots adjacent to Lake Joyce and those accessed from the alley. • Added a proffer (#8) that the park designated as `Water Front Park' on the proffered plan will "always be enclosed with a perimeter fence of four feet in height on every side, except the side adjacent to the street." • Added a proffer (#11) ensuring protective measures during construction for the 'Tree Save Area' adjacent to Lake Joyce, as well as restrictions on activity within the area post-construction. • Added language to Proffer 12 (was Proffer 10) that provides specifications and restrictions pertaining to the boat docks on the lots adjacent to Lake Joyce. • Recommendations: The Planning Commission, passing a motion by a recorded vote of 7-2, recommends approval of these applications to the City Council as proffered. The proffers are listed in the attached staff report (pages 7 through 10) and in the attached Conditional Zoning Agreement. • Attachments: Staff Report and Disclosure Statements Minutes of Planning Commission Hearing Location Map Conditional Zoning Agreement Recommended Action: Staff recommends approval. Planning Commission recommends approval. toSubmitting De.ie. . •ency: Planning Departmer ity Manager: lim7-41 ``1--- SAYSI "414M� D 1 �fa�F_-�- Thomas R. & Joan G. Eckert irgr:. '"- y 'Ri�o�,�_. ---,, Rio �'a. ",. 'elb\s4 For April 8, 2015 Planning 7 Commission Public Hearing 5 litj�- ,Ria (WITH REVISIONS BASED ON c CHANGES TO PLANS AND Ao 'c PROFFERS SINCE MAY 5th '4 '. ft CITY COUNCIL DEFERRAL) dila,Egoolods pox IP so B2 1' '`' APPLICANTS & PROPERTY I_-__ s � '' P1 OWNERS: z 0 ', THOMAS R. & t `` z.�.��.•OrMey � Conditional ZchinR-75 5 Co PD-H2l B-IA JOAN G. ECKERT ''"'S"°"°'Y'°^"+' Change from R•7.5 to to Conditional B-7A NOTE: Revisions since May 5th City Council Deferral are indicated by ctrikethrough (deleted) and underline (added) STAFF PLANNERS: Kristine Gay& Kevin Kemp REQUEST: Change of Zoning from R-7.5 Residential to Conditional PD-H2 Planned Development(R- 5D Residential)and Conditional B-1A Districts ADDRESS/DESCRIPTION: 4444 Shore Drive GPIN: ELECTION SITE SIZE: AICUZ: 14797749110000 DISTRICT: Area of PD-H2 Rezoning: 6.55 acres Less than 65 dB Ldn BAYSIDE Area of B-1A Rezoning: 0.73 acres TOTAL ACRES: 7.28 acres 4 • BACKGROUND / DETAILS OF PROPOSAL BACKGROUND The applicant proposes to develop the subject site with 34-30 detached houses and a medical office building. The site is zoned for residential use; however, the proposed layout, density, and type of residential use are not allowed under the existing zoning. Thus, the applicant is requesting a Conditional Rezoning from R-7.5 Residential Zoning District to B-1A Business District and PD-H2 Planned Unit Development District with an underlying zoning of R-5D Residential District. The applicant also proposes to rezone the 0.73-acre southwestern corner of the site(depicted in blue crosshatch on the zoning location map above)to Conditional B-1A Limited Community Business District. THOMAS R. & JOAN G. ECKERT Agenda Item D1 (with Revisions for Council) Page 1 The narrow 0.55-acre portion of the subject parcel located at the far northwestern portion of the site is not included as part of these applications. DETAILS OF PROPOSAL EXISTING SITE: The subject site(not including the far northwestern portion as noted above) is 7.28 acres and has 936 feet of shoreline frontage on Lake Joyce and 520 feet of frontage on Shore Drive. The site has been used as a private school since the mid-1950s when the Baylake Pines Upper School was constructed. Due to low enrollment, the school announced its closure in June of 2014. The school building, parking lot, and associated drive aisles are currently located on the western portion of the site. To the north of the school building, are four detached structures used in conjunction with the school. The majority of the site has been cleared of trees and used as athletic fields. The site is heavily forested along Lake Joyce. Trees border the entire northern lot line at a depth of 40 to 160 feet. PROPOSED SITE LAYOUT: The 6.55-acre portion of the site that is proposed for PD-H2(R-5D)zoning will be developed with 31-30 single-family detached houses with six shared community open spaces. There will be two points of vehicular ingress and egress from Shore Drive that will provide access to the houses as well as the proposed medical office. The medical office will have no direct vehicular access to Shore Drive. The proposed street layout incorporates two cul-de-sacs and a 220-foot long alley. This street layout allows for ten front-loading houses with rear-frontage along Lake Joyce, six front-loading houses along the western lot line, ten rear-loading or side-loading houses in the interior of the site, and five front-loading houses along the eastern lot line. The houses will be sold as condominium units. No principal structure will be built within 15 feet of the rear or side lot lines of the subject site; accessory structures will be allowed as close as five feet to the rear or side lot lines. There will be a minimum setback of 70 feet from Shore Drive for the houses; the setback for the medical office building will be 35 feet. Eight lots, as specified in Proffer 4-912, will have an option to construct a walkway and dock that would provide direct access to Lake Joyce. Approval from the City, however, will be required for any such walkway and dock since they will encroach into the City-owned buffer that runs adjacent to the shoreline of Lake Joyce. HOUSE DESIGN: The applicant has proffered elevation drawings for three rear loading units, three front loading units, and one side loading unit. Exterior materials include fiber-cement shake siding, clapboard siding, and board and batten siding, as well as brick or stone skirting. The composition of architectural features, including dormers, windows, entrances, and rooflines, is simple, well-aligned, and well- proportioned. Each unit has been designed with a minimum of 2,200 square feet of living area, an 8-foot deep front porch, 2-car garage, and space for 2 vehicles in the driveway. Certain units may also include a covered porch on the rear facade, a second-story porch on the front facade, and/or patio. The units will be placed a minimum distance of 11 feet from one another. The side façade and front porch of any unit will be no closer than five feet to the edge of the street. The proffered Design Guidelines show and Proffer 6 states that each unit will be landscaped with evergreen shrubs along the building foundation, ornamental grasses, perennials, and a variety of accent shrubs. At a minimum, there will be one tree planted adjacent to the street between each of the units. OPEN SPACE &STORMWATER: The submitted site plan depicts six proposed shared community open spaces. The total area of the open space is 4414 1.0 acres, or 1-616 percent of the 6.55-acre portion of the site proposed to be rezoned to PD-H2. This meets the minimum required open space area for a PD- H2 Planned Development, which is 15 percent of the site area. A 9,315 square foot`park' memorializing the Baylake Pines School will be located at the front of the site between the two entrances. The park plan THOMAS R. & JOAN G. ECKERT Agenda Item D1 (with Revisions for Council) Page 2 included in the proffered Design Guidelines shows a fountain within a brick-faced pool, a memorial plaque, bench seating, and a variety of landscaping. To the east of the memorial will be a 97963 6,754 square-foot open space area. This space will be turf and remain open with the exception of perimeter landscaping and a four-foot high black aluminum picket fence. To the north of this park will be a house and then a larger 10,706 square-foot park, which will have the same perimeter landscape and fence treatment as the park to the south. - - -- - - _ ' -•e A, ' ---- - -- - - e: e-- e: -- ::• •: : •-• -- - :: __—..A small park of 3,596 square feet in area will be located between the western lot line and the proposed cul-de-sac. The largest open space will be 13,124 square feet in area with 40 feet of frontage on Lake Joyce. This park will align with a 4,822 square-foot park to the south, and will include a pergola or gazebo with swinging benches and a variety of existing and proposed landscaping. This area will be the central design feature for the residential development. The Conceptual Master Plan and individual Park Plans located in the Proffered Design Guidelines show that the bioretention beds will be used to manage stormwater.While these are incorporated into four of the six open spaces, they have been excluded from the open space calculation. A preliminary stormwater study was not submitted by the applicant. If, during development site plan review, it is determined that the use of bioretention beds is not an appropriate stormwater management strategy for this site, the applicant indicates filtering tree boxes will be used. LANDSCAPING: The site will be landscaped substantially as shown on the Conceptual Master Plan and the Design Guidelines, as well as in accord in Proffers 6, 9. and 10.8, and 0. These exhibits and proffers require that a minimum of 72 trees will be located on the site and that at a minimum 36 will be medium- canopy or large-canopy trees. The applicant has identified nine specific trees currently located on the site to be preserved and has generally shown the limits of a"tree save" area along Lake Joyce, where trees will be protected by a chain-link fence during construction. A tree preservation report prepared by a licensed arborist will be required during site plan review. Should any tree need to be removed, it will be replaced with a tree of a similar species and canopy size. To clearly identify shared and private spaces, four-foot high black aluminum fencing will be used along the perimeter of the proposed open spaces. Residents may also elect to use this fencing between dwelling units. Seven and eight-foot high wood privacy fencing, topped with a one-foot lattice, will be used along the portions of the side lot lines that are adjacent to Units 1 to 7 and 16 to 21. Section 903 of the Zoning Ordinance requires a 15-foot wide buffer with Category I landscaping when a B-1A District adjoins a Residential District.While the proposed zoning changes for the site will result in a B-1A District adjoining a PD-H2 District, the PD-H2 District is single-family residential. As such, the applicant is proposing a 15-foot wide buffer with Category IV landscaping; however, it will be located on the residentially developed portion of the site. STREET AND RIGHT-OF-WAY DESIGN: The proffered Design Guidelines include exhibits showing a 32-foot wide and 26-foot wide street section. The 32-foot wide street section includes parallel on-street parking and a four-foot wide walkway on both sides of the street. This section is used along the Baylake Pines Memorial Park and the waterfront park. The 26-foot wide street section includes the four-foot walkway on one side of the street. Both street sections include streetscape plantings, lighting, and canopy trees.Additionally, as shown on the Conceptual Master Plan, the applicant has proposed the use of stamped asphalt between the waterfront park and interior park in an effort to create a connected multi- purpose space for the residents to use for community gatherings and events. Along Shore Drive, the applicant will be responsible for providing a sidewalk that will meet or exceed minimum Public Works Standards. At the two vehicular entrances to the site, stamped asphalt or concrete crosswalks will be provided to call attention to pedestrians. This proposed development will not create an additional median break in Shore Drive. Vehicles will be able to exit the site by turning right-only onto THOMAS R. & JOAN G. ECKERT Agenda Item D1 (with Revisions for Council) Page 3 Shore Drive. The developer will be responsible for improving Shore Drive with a left turn lane for west- bound traffic, as shown on the Master Plan. All the interior streets on the site will be privately maintained. MEDICAL OFFICE: The applicant is also requesting a Conditional Change of Zoning to B-1A Limited Community Business District for the 0.73-acre site at the southwest corner of the site. A medical office building will be constructed on the site. The building will be 6,500 square feet in area and range between 20 and 32 feet in height. The proffered building elevations and renderings show coastal bungalow and craftsman style architectural features, including square windows, square porch posts, a 6-foot deep porch, shed dormers, simple cornice brackets, and multiple projected and recessed portions of the façade. Exterior materials include fiber-cement lap siding, architectural-cut shingles, and an optional metal roof accent. The building will have foundation landscaping along 100 percent of the eastern and southern facades. The trees and shrubs located at the front of the site, including an existing oak tree, will be preserved and protected throughout construction. Forty parking spaces will be located on the site, which will exceed the off-street parking requirement for this use. Vehicular access to the medical office will be accommodated by a cross-access easement and shared-maintenance agreement with the condominium association of the PD-H2 site. 4 • LAND USE AND COMPREHENSIVE PLAN EXISTING LAND USE: Former education facility(currently unoccupied) SURROUNDING LAND North: • Lake Joyce USE AND ZONING: • Opposite side of Lake Joyce, single-family houses/ R-10 Residential District South: • Shore Drive • Commercial uses/ B-2 Business District East: • Restaurant/B-2 Community Business District and AG-2 Agricultural District West: • Automobile Repair facility/ B-2 Community Business Multi- family dwellings/A-12 Apartment District NATURAL RESOURCE AND The northern portion of the site is adjacent to Lake Joyce and is CULTURAL FEATURES: heavily wooded with mature evergreen and deciduous trees. Baylake Pines School holds local cultural significance and has been located on the site for 65 years. COMPREHENSIVE PLAN: The Comprehensive Plan designates this area of the city as Suburban Focus Area(SFA) 1-Shore Drive Corridor. The Shore Drive Corridor is an integral part of the Bayfront Community, extending from Independence Boulevard to First Landing State Park. The Shore Drive Corridor was designated as a Suburban Focus Area because of its unique characteristics. The area has an abundance of natural resources and passive recreational amenities, mostly due to its proximity to the Chesapeake Bay and Lynnhaven River. These amenities have attracted residential uses, including well- established neighborhoods as well as newer high-density development, making the Shore Drive area the most densely populated area of the city. It is primarily a neighborhood residential area comprised of commercial uses to support the neighborhoods. The planning policies that apply to the Shore Drive Corridor are to preserve and protect the character of THOMAS R. & JOAN G. ECKERT Agenda Item D1 (with Revisions for Council) Page 4 the established neighborhoods, improve land use compatibilities, and avoid over-commercialization. These policies are intended to ensure that resort-based uses complement rather than dominate, encourage reuse and revitalization of existing commercial properties, promote safe interconnectivity of pedestrians, achieve the lowest reasonable density for future residential uses, and encourage corridor beautification (p. 3-8). The Shore Drive Corridor Guidelines further identify this area as being located in the"Western Green Zone."This zone covers the area between Lake Joyce and Marlin Bay Lane; the plan recommends lower residential development in this zone(pp. 4 and 5). • • IMPACT ON CITY SERVICES MASTER TRANSPORTATION PLAN (MTP)/CAPITAL IMPROVEMENT PROGRAM (CIP): Shore Drive at this location is a four-lane divided major urban arterial. The Master Transportation Plan proposes a six-lane facility within a 150-foot wide right-of-way. Currently, this segment of roadway is functioning over-capacity at a Level of Service"F." A Roadway Capital Improvement Program project was slated for this area several years ago. Shore Drive Corridor Improvements -Phase II (Partial) [CIP 2-116.000] included the construction of pedestrian walkways and bikeways along Shore Drive from S. Oliver Drive to Treasure Island Drive. It also included improvements along Shore Drive at the Northampton Boulevard interchange and to the intersections at Pleasure House Road and Greenwell Road; however, this project is now considered inactive. TRAFFIC: Street Name Present Present Capacity Generated Traffic Volume Shore Drive 35,360 ADT 1 17,300 ADT 1(Level of Former Land Use 2 Service"C") 1,032 ADT 27,300 ADT 1 (Level of Proposed Land Use 3 Service"D") 450 ADT 31,700 ADT 1 (Level of Service"E") Average Daily Trips Pas defined by private school(28,947 sq.ft.) Sas defined by medical office(6,500 sq.ft.)and 35 residential SF units WATER: The site is connected to City water. There are two 16-inch City water mains along Shore Drive. The existing 1-inch meter(City ID#95098018) may be used or upgraded to accommodate the proposed development. SEWER: This site is connected to City sewer. There is an existing 8-inch City sanitary sewer gravity main west of the site along Shore Drive and an existing 20-inch HRSD force main along Shore Drive. An engineering hydraulic analysis of Pump Station 312 and the sanitary sewer collection system is required to ensure future flows can be accommodated. SCHOOLS: School Current Capacity Existing R; Proposed Change 2 Enrollment 7.5 Zoning Zoning THOMAS R. & JOAN G. ECKERT Agenda Item D1 (with Revisions for Council) Page 5 1 i Hermitage Elementary 635 640 6 6 0 Great Neck Middle 1,147 1,360 3 5 +2 Cox High 1,858 1,939 4 5 +1 'Number of students 2"Change"represents the difference between the number of potential or actual students generated under the existing zoning and the number generated under the proposed zoning.The number can be positive(additional students)or negative(fewer students). 4 0 EVALUATION AND RECOMMENDATION If the 6.55-acre portion of the site was developed with the current R-7.5 Residential zoning, the property could be developed with approximately 24 dwellings on separate lots. These lots would be a minimum of 75 feet wide, and 7,500 square feet in area. The resulting density would be 3.66 units per acre. The houses would be set back 30 feet from the front lot line and 20 feet from the rear lot line. There would be a minimum 15-foot wide side yard for each of the houses, and lot coverage would be no more than 35 percent. To meet tree canopy requirements, there would be a minimum of two trees on each lot(one medium canopy and one small canopy tree). In contrast to how the 6.55-acre site could be developed with the existing zoning, the applicant's proposed development will result in 34 30 single-family houses in a condominium form of ownership. The siting of the houses is such that if each was actually located on a separate fee-simple lot, the approximate minimum 'lot' width would be 45 feet and the approximate minimum 'lot' area would be 4,050 square feet, which is less than the minimum allowed with the existing zoning. The use of PD-H2 zoning, however, allows the applicant to specify the dimensional criteria of proposed buildings and site features. Additionally, use of the R-5D Residential District as the base category for the PD-H2 District allows the development to achieve the desired density of 4 4_6 units per acre. Section 1126 of the Zoning Ordinance, which specifies the maximum allowable density for a PD-H2 District, provides for a maximum density of 6 units per acre through the use of the PD-H2 (R-5D)zoning district. As summarized in "Background/Detail" section of this report, more than 1-041_1 acres of the site will be developed and maintained as open space. The applicant has designed these open spaces to be specific to the site by including a memorial to Baylake Pines School, incorporating the preservation of existing mature trees, and by locating one of the parks along Lake Joyce. Proffers 1, 4, and 7 ensure that a minimum of 15 percent of the site will be used as open space, and that the open space will be maintained by the Condominium Association. One goal of the Shore Drive Corridor Plan is to preserve and protect the character of the established neighborhoods. By reference of the submitted architectural elevations, Proffers 2 and 3 guarantee the use of quality architectural materials and enhanced architectural house design that substantially follow the recommendations of the Shore Drive Design Guidelines. The proffered Design Guidelines and Proffer 6 ensure that each unit will have landscaping that will exceed minimum requirements by providing foundation landscaping along the side facades, more than 50 percent foundation landscaping along the front façade, and a minimum of 2 small-canopy or medium-canopy trees. Proffers 8-and-9 9 and 10 further ensure tree protection during construction, as well as ongoing preservation, maintenance, and replacement of all trees shown at site plan review. The proposed dimensional criteria are provided in Proffer 5. It is Staffs opinion that the usual impact of the reduced dimensional criteria and resulting increased density[as compared to the requirements of the existing R7.5 Zoning District] is largely overcome by the overall design of the site. Staff finds that the THOMAS R. & JOAN G. ECKERT Agenda Item D1 (with Revisions for Council) Page 6 1 amount of shared open space, tree preservation, enhanced street design and amenities, extra landscaping, quality building materials, and enhanced architectural design provide a benefit to the community that is not required if the site were developed by-right under the existing R-7.5 zoning. NOTE: The following was included with the staff report presented to the Planning Commission. Based on concerns expressed by the Planning Commission members as well as speakers in opposition to the application,the applicant revised Proffer 5 to prohibit swimming pools on all lots and accessory structures on the lots adjacent to Lake Joyce and the lots accessed from alley. • . In addition to the Change of Zoning of the 6.55-acre portion of the site to PD-H2(R-5D), the applicant is also requesting to rezone 0.73 acres to B-1A Limited Community Business to allow development and use of the site as a medical office. Staff finds that the proffered Conceptual Master Plan and the proffered building elevations, as well as the uses permitted in the B-1A Zoning District, are consistent with the recommendations of the Comprehensive Plan. Accordingly, this requested zoning change is acceptable. Based on Staffs evaluation of each of these Conditional Change of Zoning applications, approval is recommended. 4 • PROFFERS The following are proffers submitted by the applicant as part of a Conditional Zoning Agreement(CZA). The applicant, consistent with Section 107(h) of the City Zoning Ordinance, has voluntarily submitted these proffers in an attempt to"offset identified problems to the extent that the proposed rezoning is acceptable," (§107(h)(1)). Should this application be approved, the proffers will be recorded at the Circuit Court and serve as conditions restricting the use of the property as proposed with this change of zoning. 4 • CONDITIONAL ZONING AGREEMENT (R-7.5 TO CONDITIONAL B-1A) PROFFER 1: When the property is developed, it shall be as a commercial office building with associated parking, landscaping and signage as depicted on the exhibit titled "Bayville at Lake Joyce Conceptual Master Plan, Virginia Beach, Virginia", dated November 1, 2014, prepared by Land Planning Solutions(the "Concept Plan") a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. PROFFER 2: When the Property is developed, the structure shown on the Concept Plan shall be developed utilizing the building design, architectural features and building materials in substantial accordance with the THOMAS R. & JOAN G. ECKERT Agenda Item D1 (with Revisions for Council) Page 7 rendering designated "Bishard Houses Commercial Building", dated October 10, 2014, and the elevations designated "Proposed 1 Story Brick and Frame Commercial Building Prepared for: Bishard Houses", Sheets Al and A2, dated 10/30/2014, prepared by J. Bengston, (together referred to as the"Elevations"), copies of which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. PROFFER 3: When the Property is developed, the southern and eastern building facades shall have foundation landscaping of the entire length of these facades, with the exception of those areas improved for pedestrian access to the building. PROFFER 4: 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: Staff has reviewed the Proffers above and finds them acceptable. The City Attorney's Office has reviewed the proffer agreement dated October 30, 2014 and found it to be legally sufficient and in acceptable legal form. 4 CONDITIONAL ZONING AGREEMENT (R-7.5 TO CONDITIONAL PD-H2 (R-5D)) PROFFER 1: When the Property is developed, it shall be as a single family residential condominium containing no more than thirty one(31)(30) units, no less than fifteen percent(15%) Open Space"[exclusive of any stormwater management areas]", with features and landscaping in substantial conformity with the exhibits titled "Bayville at Lake Joyce Conceptual Master Plan, Virginia Beach, Virginia", dated November 1, 2014, and "BAYVILLE AT LAKE JOYCE DESIGN GUIDELINES", dated October 23, 2014, prepared by Land Planning Solutions (the"Concept Plans")copies of which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. PROFFER 2: When the Property is developed, the residential structures shown on the Concept Plan shall be developed substantially in accordance with the architectural designs shown on the seven (7)elevations designated "BAYVILLE AT LAKE JOYCE CONCEPTUAL ELEVATIONS": (i) "FRONT LOAD A"; (ii) "FRONT LOAD B"; (iii) "FRONT LOAD C"; (iv) "REAR LOAD A"; (v) "REAR LOAD B"; (vi) "REAR LOAD C"; and (vii)"SIDE LOAD A", prepared by Land Planning Solutions (the"Elevations")copies of which have been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. PROFFER 3: When the Property is developed, the residential structures will contain a minimum of 2200 square feet of living area(excluding garage)and a one or two car garage. The exterior building materials to be utilized as depicted on the Elevations will be fiber cement siding and thirty(30)year architectural shingles. PROFFER 4: When the Property is developed, the Grantors shall record a Declaration submitting the Property to the Condominium Act of the Commonwealth of Virginia. The Condominium Unit Owners'Association shall be THOMAS R. & JOAN G. ECKERT Agenda Item D1 (with Revisions for Council) Page 8 responsible for maintaining all open spaces, common areas, landscaping and other improvements on the Property as depicted on the Conceptual Plan. PROFFER 5: The dimensional requirements applicable to the development shall be as follows: • Minimum setback for an enclosed building from Shore Drive 70 feet • Minimum side yard setbacks from adjacent Properties (east and west) 15 feet • Minimum distance from any portion of a dwelling(i.e. porches)to back of curb 5 feet • Minimum distance from side of dwelling to back of curb on interior street 5 feet • Minimum distance between residential buildings side to side 11 feet • Maximum building height 35 feet • Maximum fence heights (i) Exterior side boundary lines 8 feet (ii) Interior unit/yard 4 feet • Fences in side yards between residential buildings must be setback from the front façade of the enclosed residential structure(i.e. excludes covered porch and front of garage)a minimum of 5 feet • Maximum area of rear yard patio/deck at ground level and maximum size area of accessory structures [Note: any accessory structure must have an exterior façade of the same material, color, and architectural design as the Unit.] 120 sq. feet • Maximum height of an accessory structure(storage shed) measured to peak of roof 13 feet • No swimming pools(inground or above ground) permitted • No accessory structure(storage shed)shall be permitted with Units#8, 10, 11, 12, 13, 14, 16, 21, 22, 23, 24, 25, 26, 27, 28, and 29. PROFFER 6: When the Property is developed, the street frontage or front façade of every dwelling and the side façade of each dwelling adjacent to a sidewalk,a street or alley shall have a row of landscaping along the sidewalk, street or alley or foundation landscaping along the entire length of the façade, with the exception of those areas improved for pedestrian and vehicular ingress and egress. PROFFER 7: The areas depicted on the Concept Plan which will not be occupied by residential, fenced rear yards (limited common elements), drive aisles, guest parking and driveways are"Open Spaces"which shall be utilized as such. All Open Spaces shall be used for passive and active outdoor recreation. No structures shall be permitted in any Open Space areas without the approval of the Grantee's Zoning Administrator. Open Space areas shall be maintained by the Condominium Association consistent with the intent and regulations set forth in Article 3 of the Zoning Ordinance("Preservation District"). PROFFER 8: When the Property is developed, the"Water Front Park"area as depicted on the Concept Plans will always be enclosed with a perimeter fence of four feet(4') in height on every side, except the side adjacent to the street. PROFFER 8 9: The Grantor shall provide, with Site Plan submittal, a tree preservation report from a licensed/certified arborist detailing the measures that will be implemented during site development and construction to preserve those trees designated to be preserved on the Site Plan. PROFFER 9 10: THOMAS R. & JOAN G. ECKERT Agenda Item D1 (with Revisions for Council) Page 9 I I I When the Property is developed, the Grantor shall provide that no less than seventy-two(72)trees will be located on site through a combination of preservation and planting. At least thirty-six(36)of the required trees shall be a medium canopy tree or larger. All trees depicted on the final site plan approved by Grantee(preserved and new plantings)shall be preserved and maintained by the Condominium Association. Any tree which must be removed due to disease, damage or destruction shall be promptly replaced with a tree of similar species and canopy size at maturity. PROFFER 11: As a condition of Site Plan approval, when the Property is being developed Grantors shall erect and maintain a temporary chain length fence adjacent to the Property's boundary line with the Grantee's property adjacent to Lake Joyce to protect and preserve the vegetation on the Grantee's property and restrict access to Lake Joyce. The Grantors shall include in the Condominium Declaration and Bylaws a"Notice Provision" advising all purchasers that the Grantee, owns the vegetated land along the shoreline of Lake Joyce, to be designated and described as the"Adjacent Tree Save Area." Said Notice Provision shall advise that access to this area is restricted to any boat dock access path approved and permitted by Grantee. The Notice shall further advise that clearing, cutting or removing any trees from this area, by any persons, other than those acting with written authorization from of the Grantee, is strictly prohibited. Nothing contained herein shall be construed to prohibit the owner of a unit adjacent to the Tree Save Area from applying for and obtaining advance written approval from the Grantee to have a licensed arborist(i) remove a diseased or damaged tree; (ii)remove specific limbs from a designated tree or trees within the Tree Save Area. PROFFER 4-0 12: When the Property is developed, the Grantor shall submit a permit application to Grantee for no more than eight(8) individual boat docks appurtenant to units numbered 7, 8, 9, 10, 11, 14, 15 and 16 as depicted on the Concept Plans. Boat docks and access piers shall not extend more than twelve feet(12') into Lake Joyce, measured from the edge of water at the time of construction. Boat docks shall not exceed one hundred twenty(120)square feet in area. The only encroachments permitted across the Grantee's land to access a permitted boat dock shall be a path, no greater than four feet(4') in width, providing direct access without removing any tree greater than one and one-half inches (1.5") in caliper. Other than safety lighting, not exceeding 100 watts, at the corners of the dock which shall not be more than six inches (6") higher than the deck of the dock, no attached lighting shall be permitted on the docks. PROFFER 4413: 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: Staff has reviewed the Proffers above and finds them acceptable. The City Attorney's Office has reviewed the proffer agreement dated October 30, 2014 and found it to be legally sufficient and in acceptable legal form. NOTE:Further conditions maybe required during the administration of applicable City Ordinances and Standards.Any site plan submitted with this application may require revision during detailed site plan review to meet all applicable City Codes and Standards.All applicable permits required by the City Code, including those administered by the Department of Planning/ THOMAS R. & JOAN G. ECKERT Agenda Item D1 (with Revisions for Council) Page 10 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. THOMAS R. & JOAN G. ECKERT Agenda Item D1 (with Revisions for Council) Page 11 .[ HILL j 9 1 • 0 1Y km Ca 7Y t m A A9 a',. \ ' I y' a 0i '. r � 4 � tt t t � � r li • 1 3 • r Yr.- `,�- a s j y ill ' '.1 ,,,;'''s, . . , ,,,. i., ,. ., _.. ,v.., „ ,... I /IP, 7-j `� is ` ' i I. F I L ,' N +' Ao. - 4 -a AERIAL OF SITE LOCATION THOMAS R. & JOAN G. ECKERT Agenda Item D1 (with Revisions for Council) Page 12 AREA TO REMAIN __ ZONED R-7.5 0.55 ACRES • AREA TO BE REZONED TO PD-H2 j (R-5D) 6.55 ACRES • AREA TO BE —� REZONED .M CONDITIONAL B-1A r 0.73 ACRES j REZONING EXHIBIT REZONING PLAN THOMAS R. & JOAN G. 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ECKERT Agenda Item D1 (with Revisions for Council) Page 15 r7" t " W Z FA 0 LL LL W O Z O w w < w •Y Ilb -- - ' - mow- . . •:\i 5 z , as oi el s" , �, � , W0 4y� b . f it .e, t I ! 1\ R U O i i Ji - / * LU w 0CO I w c • • ‘ 4 / 0 W o C f/ OUB O LL 4, *. \ 1\ cV I ce O y- W ai a \ oa ik Ni \ (3 0 w 'i ittk.\\ \LL * 4 ,0 < cO 4•0•"'W.4.''.".4: _., 1 In '�` .. r . / tII 0w Ywp m O~ CI . li 11 \ Q U W c s can W .)kit, \ .4 ( 11141114a 40 .16 , k ‘ 4 ' , „.„. 411°.-: '11. ,,,,,i , .it . . ilii„,. it 40„,..- .110 f...,,, _ _ .,,....°' • 1/4 . 46, I.\ I) Ili ‘ % A \ SITE LAYOUT PROPOSED B1-A PORTION THOMAS R. & JOAN G. ECKERT Agenda Item D1 (with Revisions for Council) Page 16 I (, t. .. 4111111111111111111 ,t, ,f t71,;.4 ''--..• • L ti 1 .-.4... 4...,_ . A .,.., , livtull111; 1 'a, •f: fait f - ,' s . ufi j == ftp I 1 1 It 4°i f iInftlli `.I ', a Nilo munaf!* ( i ri rim,1 MI IN MI=77. 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' itii 1, � jr-H1 I l i Ill' Ii111111tINM M Ik 1,I,A � i'I ri II 1 4 0.:111 1. r 11 1I1i 1�1 I1l .i'.I ' c 1111 1_�' tl rum 1 :14`1 I �2 kat W ILL'1,',. ' , 111 i1 I.rI 1 ' I, 'ii tiL "d t l 1 1'. _ 11.' Ili 1114 ' rj : 111 'I�("p�1I1 I I 11 I' il'F e ,'r.4 P'4 i�" ,00,f=1,11,11.1 , 1111 III ,1�.', tli, o I ,;1q,1i11r1iti' '.- s �k , 21 ,x11 a u p ,41,111 2 1 ly'��+ti�1 i44rt,I�fl.,�1 h' 1 i,..tiif i 5 ,. ill" iu4l,,,,, 7 _ i, �� 15: 'i IIibFF%1� 1 �'._ I I��:'1 'h 1. 4 E y( 1 N b W o S O Q S N 00 o _z O m 4 U Q i 119 PROPOSED OFFICE BUILDING SIDE ELEVATIONS THOMAS R. & JOAN G. ECKERT Agenda Item D1 (with Revisions for Council) Page 19 I i,..1 j f / PLAN ACTED ON BY PLANNING COMMISSION (Plan has since been revised for June 2 City Council meeting) SEE NEXT PAGE FOR REVISED PLAN FOR CITY COUNCIL V`"j``lw �~ LAKE JOYCE �`. .....Z,%,'"" .4.0,, (CITY OF VIRGINIA y°'0�m^w,a�.,_"'0°"t '1Oj/a ri BEACH PROPERTY) cmct.,,m-^''ao'°"° o„ r, al,° / y am..rpm '`... co., , /1:1W4I , 11, i ��\ fir• 'Fw lryyJ�•• 4.� r ` V.•.. '' --.: L-j7j' •, lU �\ "'•) - ,5 l` ,1'" r '. ar , aw A l % illhl� Mgr 1 1p, 11 Li !! J " r • _ o ,ol' il -7 Mill. : (1 1101Y-Aling..... ...I ri"\ 1;Eir.. ..1 4 z , 14- .met .� �, is,:,. ‘**4.1,,,754b. at: 1::milM : tint '""-; 1 i I gif .7—ii,,1•1,-111.. Ill - la i „me TFois lo 1-.. A i 20 ' in r., PROPOSED --- " �� a.-� 1 ri. Infi I, 21 Y�—c PROPERTY LINE ..,4. �• 141\. � a 1°. rl„,2.ro Fri to �'../ 71 e�y -,.+:'v,,„,,, . I I ._— 'OSA&r• _`,,," 1; I '!nb+ae, "'tea fat '''" .- �� e."—o �, .,„i..0,, aac- —Ergr •'B.4 M.Y...hrrprr nirom Lek Turn Lam .SSE C . mvN�.V. gDania.,to Faro M•IaIMop ..np.atmt• c11 �•rI&r • •+ M..t PIMeN1......,Ig. Ap.wrrc. SHORE DRIVE SITE LAYOUT SHOWING OPEN SPACE THOMAS R. & JOAN G. ECKERT Agenda Item D1 (with Revisions for Council) Page 20 I i ",,1 l �e? Ri+li, r....\ I .i L ti ` ,.., (0,1/4 . Bw.a„ f pce 10:-. / /---\ tr 6 sat�f ) (s 171- • a if "- / 4�Mi4yn.�Y4b ^•b "fir. i �%'4p4 he / r 'pt,oi ,.. „„,-.\..:‘,,,..\ ...,1.,4.n,.o„:„.,..„-.-..- ,seir ,,/I- 0.;1 f 1. \` ,, , 'eli apw °•,% / \ ,,, \..,,,,,N, .., . N , * ;14. .„...7,- \ \ .._,....„ „, . i , 4' ' =ilk 0 ' ' wl""47.".' Ilk, oiy_,., v . ..\ _ ''/ y 1 moo. °obi � ���� `R 1, ,am,''t l' I Eli I MO �•1p c...:::1,11 Tj:*i1F1tii `111111111, • .2 _ Pi lik- , LIJ � � aro. ITt tit 1 t ' owl . 4* Ais ��,' R-_ 1�1�!! 1�1.� RTT {y Li 1Amos to Have -41- Park , 00%Fowaemn 4k.0 U r 41r „„. Rot W -Nr4k1 Km , , t . , At... --... .,..v...,. ' rii 4, ,t,,,, .... ..,N,,r. ♦N Arafilif*,...:Arojimll'all. op. I I �� `•• 11 �,.a J B'bPa,aR .7.,A, i IS 1 $ Mal Moak 40aptd.p.,.."8.4 rr.). i E4> r1 1111 , I r ° : . etra•80ace c-j MEW A6116_1411° 1 ' tailiimak •ermailleAtAwijaiiiii_lm:Ilimew.m1606.11121._ -- -- Circ.' ___Enwy MonunM \ 4. Bledt NurtiMan T,arcp�Mll /'"lsiLTum Lane ~EMlarce BYnpad C a fence to comply with sight q,0ersicDe•.p Future Medical Olaoe Moral Enlwrce a Wangle regulotions Meet PudK130, SHORE DRIVE SITE LAYOUT SHOWING OPEN SPACE AREAS THOMAS R. & JOAN G. ECKERT Agenda Item D1 (with Revisions for Council) Page 21 BAYVILLE AT LAKE JOYCE FRONT LOAD 'A' VIRGINIA BEACH,VIRGINIA fes'^--_._._- , 1..., r ..,; ,_ ..:, .. , _ I s;����:� '. 11111E =Ar - . r�ii'l._ . 11111111111111111Nm 111111i, f" ® � gnu ins' nm ion • .- ..1.• ,A 9 += BAYVILLE AT LAKE JOYCE FRONT LOAD `B' VIRGINIA BEACH.VIRGINIA 6 r f - -"iv,"y In Y Y3 •� ,.,.,-,a r} F r13 � � .1,,,, .,7... ,.. ., .. ,. . .., a F k4'! :i.,14:4,-.Vit '� ..;f , ..Yf \ �l+� e1i [[ 1 v in!: /iN1 Nil! IIIw -.f EE ' .1r,,, Il ; r. 1 1 Is ARCHITECTURAL RENDERINGS THOMAS R. & JOAN G. ECKERT Agenda Item D1 (with Revisions for Council) Page 22 BAYV 1 L L E AT LAKE JOYCE FRONT LOAD 'C' VIRGINIA BEACH.VIRGINIA j PI fl , . Y t ,i - .,.•.yam.........::_ t .i r i ,11 `iii 1111001111 iiii((I / ,713 BAYV I L L E AT LAKE JOYCE REAR LOAD 'A' VIRGINIA REACH.VIRGINIA Ah'elt .1 '. 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''.•1 .' _,:-.., ..... ,...._ .. • , . . :iiiimi6triptimaiiiiiiiii, - -. • . . , • 1-1777- 111111 ' ',';'••:' , ' .. *11.. • - . - 1''''''.!! . .11 • • li'1 ,,,..1-z; wr- ft ...... = , 11 4 - • " .• r.-1 4-1.:19. ti,._ I '.17--i- .... • .... ,,,„. , .. ;:-- .. it,z.-,1,4; , - . .,...'.',..t-0-.-.. . ,' , ''' :=4 ,_,:".k.,l'Ij :.;t.--,--, - ,- , --- „. , . . „. ,.....,..... . , . .. in ARCHITECTURAL RENDERINGS THOMAS R. & JOAN G. ECKERT Agenda Item D1 (with Revisions for Council) Page 24 BAYVILLE AT LAKE JOYCE SIDE LOAD 'A' VII-;INIA FIFA(I1.VIRGINIA s� 141411111 `- ,-.,,,fi ;. - -- .'7� : A -"El nor fa-- - G . k -',,%-,.i, I it . �,,,��a.� Nwa �itfflliva ,,11' SIDE LOAD ELEVATION A THOMAS R. & JOAN G. ECKERT Agenda Item D1 (with Revisions for Council) Page 25 BAYVILLE AT LAKE JOYCE VIRGINIA BEACH, VIRGINIA DESIGN GUIDELINES OCTOBER 23, 2014 VIEW FROM BAYVILI.F AT LAKE JOYCE _� .` 46" s.» +' `t fes , ^' • PREPARED FOR: PREPARED BY: i �(` LAND PLANNING SOLU TION BISHARD L J tgt,i �;:;.�iT56Sii m .75t.0,15 4014 i 7519309015 ww-mv[nm DESIGN GUIDELINES COVER PAGE THOMAS R. & JOAN G. ECKERT Agenda Item D1 (with Revisions for Council) Page 26 TABLE OF CONTENTS: PD-H2 COMMUNITY PLAN I HOME TYPE LANDSCAPE DETAILS •FRONT LOAD SINGLE FAMILY 2 (IC\ •REAR LOAD SINGLE FAMILY STREET SECTIONS: •26' WIDE 4 •32' WIDE LAKE JOYCE LANDSCAPE AMENITIES: •ENTRY FEATURE 6 .. o � S. n , 'PN •BAYLAKE MEMORIAL PARK 7 ' •WATERFRONT PARK H B� , s �'`"' 43-- •FENCING .1 vc j ;; ,. • y '`:• .LIGHTING •SITE AMENITIES I I r' h a: Ai ,• `1-11 �� li -*_4 ;ir) W e • SHORE DRIVE BAYVILLE AT LAKE JOYCE, VIRGINIA BEACH. \'A DESIGN GUIDELINES DESIGN GUIDELINES TABLE OF CONTENTS THOMAS R. & JOAN G. ECKERT Agenda Item D1 (with Revisions for Council) Page 27 PD—H2 COMMUNITY PLAN .D.ve"n M MM.).NM..a -_ ''''r '''',1,q,.......,--; , . b.encov.OM me ndoIw • \ J ) IL?egdw.w •a v... ` ]/ ,. ' Wok;Front P. i \ LPot SW. 4---4"."*"' mrs►+wre, 3;444, ,', ,� ,i .•_ ... Ibt. Some l..erd , ii.loan �.$peQ • •, sae ma it Mvme CreA..a•+ �� :.\ .",&. �.'r WO' .fsa t ]r Ma w *,.. - ........... ,.. - , lig ,,41,....;"0 1011" 11, ..•0), . ' ' b r* Ot r - ! ,.. yr s,Puna ffn .._ \I I \ oM.SW+ 1 Lew OSP '''' • .V '._. T........Rro. ilk e.W.. tit of P-1=4.-.. : O N� "-.4 ""e.+ AO spoon mob*. II , ''t ' ` M -.F/. :70'''1:47,...---H . E f �' BAYVILLE AT LAKE JOYCE, VIRGINIA BEACIl. VA DESIGN GUIDELINES I DESIGN GUIDELINES PAGE 1 THOMAS R. & JOAN G. ECKERT Agenda Item D1 (with Revisions for Council) Page 28 FRONT LOAD SINGLE FAMILY LANDSCAPE `,MALL OR MEC L r CANCPV TREES PER UNi i PROPERTY FINE .--I-T FENWITH 1 LATTICECE TOPONM' LY TOT ' PERIMETER LOTS ��= = =�,,..r� * . 1 i�� II � 0:�LN.T.GNA..tO/ PATE 1 ► 6!1i t E j ! E i , EVERGREEN AI.CENT ',7. I i 1'TRANSPARE NT SHRUBS % (i ( 4.. •NUM FENCING FLOWERING t„CENT ^' I 1 SHRUBS ”>l ' , ... (,RNAMENTAT..RASR ,t I I I .• ACCENT 0 • SMALI •� "6* EVERGREEN . , N ACCENT F00� SHRUBSTION' A C �—STREETTREES 4 PERENMALS 1 STREETSCAPE ( SHRUBS ! TO BF PROVOFO iHROUGNOUT e C r > re f NEIGHBORHOOD STREET 4 490,. k' I BAYVILLI" AI LAKE JOYCE, VIRGINIA BEACH. VA DESK N GUIDELINES 2 DESIGN GUIDELINES PAGE 2 THOMAS R. & JOAN G. ECKERT Agenda Item D1 (with Revisions for Council) Page 29 REAR LOAD SINGLE FAMILY LANDSCAPE • 1'3 I 2 OR FS luAl PER • TREES PER UNIT -. - OT'TIONAL 4 TRANSPARENT UUINUM FENCING r } WEEN ACCENT ;a 14 'Si,9,6�xs I FLOWERING ACCENT FLOWERING Ar CFN1 W.SMALL EvFHGREEN ` FOUNOATId7 • _ f.z'. SHRUBS %. "- S1REE1 TREES .I ORNAMENTAL __ ' '� STREETSCAPE GRASS �.:.� } ' y* SHRUBS PEREN T BE PROVIDED 1,E• THROUGHO AA -• • !I" - •I r-' „ eh ew iGHBORHOODUT f SIDEWALK " .. SIRE E' • 3 ti rec'je , po,"00, /A.fes -- ,•• .Rik ' fy 40, ...`,- TTS BAYVII LE Al LAKE JOYCE, VIRGINIA BEACH" VA DESIGN GUIDELINES 3 DESIGN GUIDELINES PAGE 3 THOMAS R. & JOAN G. ECKERT Agenda Item D1 (with Revisions for Council) Page 30 26' WIDE STREET SECTION M '..:-.4 'j♦ A z4 pyy 'fief I Oka."t !{ ate I. w w rwa. SiIP.. ,4► V `. 4, . f h ... M2. ' to Iki Ms STRE E I; P'": LIGHTING n STREETSCAPE t' STREETSCAPEAg • :fl; r-PLANTINGS PLANTINGS id rpt L -__ 4'ROLL TOP -" CURB• BOTH SIDES MIN 5'TO PORCH MIN 5'TO PORCH 2E ROAD 4 WA(K 1 I RAYVILLE Af IAKL JOYL:E. VIRGINIA BEA(:li, VA DESIGN GUIDELINES 4 DESIGN GUIDELINES PAGE 4 THOMAS R. & JOAN G. ECKERT Agenda Item D1 (with Revisions for Council) Page 31 32' WIDE STREET SECTION jt. i ;W i •� E of (j,, is 5..4^ a - n, * fi TREE .,i � r LIGHTING , a . ,.10 i r _ iV . 'I) i ft, t w '�3c , At' �7^�--•--gyp•..- r STREETSCAPE / -__ — --J STREETSCAPE PLANTINGS -4'ROLL TOP PLANTINGS CURB. BOTH SIDES B'PARALLEL RESIDENTIAL PARKING PARK&B-1A PROPERTY 4'WALK 3Z ROAD 4 WALK 1 BAYVILLE AT LAKE JOYCE, VIRGINIA BEACH, VA DESIGN GUIDELINES 5 DESIGN GUIDELINES PAGE 5 THOMAS R. & JOAN G. ECKERT Agenda Item D1 (with Revisions for Council) Page 32 ENTRY FEATURE b tat,A ri „oo ,, ` w • tit 'cap'".. • - i•'S.:s. 4 7\. t �.•3 S it”' t'm.e'i1*.,�„ -.T. 'n ` *• Wk' p. a i'' + ' tip. - 1 =-r-' AT LAKr IAYCE I.« i i ,...... � � � t .......1. .�,�. .. '._. mom.r,;tt...,...�-- ::a. _..� _A - ...- a s�t. _ �.... �. 13AYI.AKF riNF SCHOOL I.STARI,ISHI.D 1 `)54 l4AYLAKE PINES PLAQUE BAYVILLE AT LAKE JOYCE, VIRGINIA BEACH, VA I)ESIGN GUIDELINES 6 DESIGN GUIDELINES PAGE 6 THOMAS R. & JOAN G. ECKERT Agenda Item D1 (with Revisions for Council) Page 33 BAYLAKE PINES MEMORIAL PARK 'N>,,.._ .c. ) rf - '4".- ,, () ),i.''.)„,i1", ' ' 1 .l S' �P lgrn t+f. I I Gnaw 1 . M.4*.'" SOON AMMI . �_, Trois i SM b I '� N , —— '� ua S '�; r.-.. ' i OW WWI Erevan O ( t, i- , ii,. I f '`i T J-7('' ' 0e tri I b� yep .o p "�•pe e:46 pp I I�. E+�m ` I OOlilw'W I�pap pp 4 ep !ei$e .An, if# ( 4*wr.. ! �ei i.-.14444_!S!r_.., * ( •. _oo�,e et**; ' s_, { f S:In�C Gana FuuNam Ae. . EMryMamrMtl / - 1 Slag NunKMwITINWOM•POWIbaOwrp/MII ION Moho EM.inY •J. . a,Plip.i / [Wend Mangle IaCIIIMiJni Memaw i310, Sf,.nawa Cull n As De',m.x. ,r.in Entra�K< Tran SHORE DRIVE PARK PLAN 4. 4 w .p y 0 -4 "ii el g�; . 4 a v ' r y :. "NOW11'1 *, :- ter Y*'.:5 * i.1Pili [ Plaque Mem or: a ` ? IItl; Plaque , g T Mr a l3 MTIAK[?MILS M[ ' IPram u- .` f I , ct' FOUNTAIN WITH MEMORIAL PLAQUE ELEVATION IiAYVILL[: Al LAKE JOYCE, VIRGINIA BEACH, VA DESIGN GUIDELINIs DESIGN GUIDELINES PAGE 7 THOMAS R. & JOAN G. ECKERT Agenda Item D1 (with Revisions for Council) Page 34 • WATER FRONT PARK \ LAKE JOYCE EDGE CF \ WATER /I i 1 GAZEBO OR 1 PERGOLA r Water Front Park& \ ON BRICKTree Save;final N , A OR STONE location of amenities to `� BASE WITH 2 be determined \ SWINGING v CHAIRS: i ika �O ' 0e �i, FINAL + , �LOCATION � • `` TBD. � I 4 Air*ii.IIIt1 `�LIMITS OF TREE !� SAVE AREA J� u 4'BLACK ALUMINUM TRANSPARENT FENCE AT PARK PERIMETER(TYP.) .. __ • ••• 111011A040,11.01100 1-- , ----_� -____z _ BAYVILLE Al LAKE JOYCE, VIRGINIA BEACH, VA DLJIC,N GUIDELINES N DESIGN GUIDELINES PAGE 8 THOMAS R. & JOAN G. ECKERT Agenda Item D1 (with Revisions for Council) Page 35 FENCING 1' 1 RI M E I I R I [ Nk_ 1-1 B• n Co I B A • :• -i r Ft I B A'• F NC NG I 7'FENCE WITH LATTICE TOP 8'FENCE WITH LATTICE TOP 4` ALUMINIUM TRANSPARENT FENCING LU(.ATLD AT FARh+ DM, )HURL DRIVL AND iNTLIt1UR }ARD' ........., 1111111111 4 BAYVILLE AT LAKE JOYCE. VIRGINIA BEACH. VA DESIGN GUIDELINES 9 DESIGN GUIDELINES PAGE 9 THOMAS R. & JOAN G. ECKERT Agenda Item D1 (with Revisions for Council) Page 36 LIGHTING A. 1j l k t r 114 (� //• N .� I r ,. , \ �'\ / ; 1i?�s -t ' *' t / y S I. Lsss •.a`s , � �r j ,r;: pet s `' AIM t_r�. = O 111111111111111 BAYVILLL AT LAKE JOYCE, VIRGINIA BEACH. VA DESIGN GUIDELINES 10 DESIGN GUIDELINES PAGE 10 THOMAS R. & JOAN G. ECKERT Agenda Item D1 (with Revisions for Council) Page 37 SITE. AMENITIES • 411. • .100011. Ilan• .40 • J r - ampir ` IR" STREET FURNITURE SCARBOROUGH SERIES BENCH AND LITTER RECEPTACLE BY LANDSCAPE FORMS (OR APPROVED EQUAL) BAYVILLE Al LAKE JOYCE. VIRGINIA BEAM{, VA DESIGN GUIDELINES 11 DESIGN GUIDELINES PAGE 11 THOMAS R. & JOAN G. ECKERT Agenda Item D1 (with Revisions for Council) Page 38 ACCESSORY STRUCTURES Mb V 11111'111u.� „ .,a . [ljbM�M. W. [11I1 (11! = � w. ,p 11111 From Ei. . 1FNF lit•1'0' ,�,_ Pv .w�c,.s..e.IY�I'O• t.,Y.1401.Wt .xM[.f, r1Ho. _ 11FM F1Ma140&..t^. •'4 Iex Eb+Ml...Mrr to-.TP CONCEPTUAL DESIGN ALL DIMENSIONS ARE APPROXIMATE agua!g Fuotaoe First Floor. 192 sgft. RAYVILLE Al LAKE JOYCE, VIRGINIA REACH, VA DESIGN GUIDELINES 12 DESIGN GUIDELINES PAGE 12 THOMAS R. & JOAN G. ECKERT Agenda Item D1 (with Revisions for Council) Page 39 BAYS IDE \Glz' 1 Thomas R. & Joan G. Eckert , It- ,,c_n_. , ii ,-- — , -As -,.- f cV — — :TI3ijCi---g .1...? , F-1 i01 ii7.410111" _ i_ + kr-4 c' a 44..0 \s\s.....),4 7 WIT-4.116,..,,...ia ____„ ,.., , , ,_ , , Auk 411.„„ __. _ - , ,,,," , 4 . , ./I_ __ R5R .., ""�� T 4 Z ~�. �� R7.5 ___. t,‘ W 7 OZ. i9 ,,� RNE �, Veit � p � sr" 02, gV10�E '. 3 1,24 o SD -4 - J ,. SD ' �.: -: 1 . ' . l P1 ar-so-SD,7sc-g-s "t \r'---\' -. -4 • : ' —.5, - ,---,- --1---,- \ ,1s .._., , J/ , . $141. 7 - ' 7 . __,\,.., - .,. 'Zoning with ConditionsrProffers.Open Space Promotion Conditional Zoning Change from R-7.5 to PD-H2(R-5D) SD=Shore Drive Overlay Change from R-7.5 to to Conditional B-1 A ZONING HISTORY # DATE REQUEST ACTION 1 04/24/2012 Conditional Use Permit(Child Care Facility) Approved 06/22/2010 Conditional Use Permit(Religious Use) Approved 05/25/1993 Conditional Use Permit(Church Addition) Approved 2 11/18/2008 Conditional Use Permit(Cellular Tower) Approved 11/14/2006 Conditional Use Permit(Child Care Facility) Approved 3 11/12/2002 Conditional Use Permit (Car Wash Facility) Approved _4 08/25/1998 Subdivision Variance Approved 5 12/03/1996 Conditional Use Permit (Automobile Service Station) Approved 6 09/10/1996 Modification of Conditions Approved 10/25/1994 Change of Zoning (R-7.5 & B-2 to Conditional 0-1) Approved 7 02/28/1995 Conditional Use Permit(Private School) Approved 03/26/1990 Conditional Use Permit(Private School) Approved 8 12/17/1984 Conditional Use Permit(Gasoline Station) Approved 9 01/25/1982 Change of Zoning (R-6 to B-2) Approved THOMAS R. & JOAN G. ECKERT Agenda Item D1 (with Revisions for Council) Page 40 Virginia Beach DISCLOSURE STATEMENT FORM The completion and submission of this form is required for all applications that pertain to City real estate matters or to the development and/or use of property in the City of Virginia Beach requiring action by the City Council or a board, commission, or other body appointed by the City Council. Such applications and matters include,but are not limited to,the following: Acquisition of Property Disposition of City Modification of by City Property Conditions or Proffers Alternative Economic Development Nonconforming Use Compliance,Special Investment Program Changes Exception for (EDIP) Board of Zoning Encroachment Request Rezoning Appeals , __ _ _ Certificate of Floodplain Variance Appropriateness Street Closure (Historic Review Board) Franchise Agreement Chesapeake Bay Preservation Area Lease of City Property Subdivision Variance Board Conditional Use Permit License Agreement Wetlands Board 4 The disclosures contained in this form are necessary to inform public officials who may vote on the application as to whether they have a conflict of interest under Virginia law. 4 SECTION i / APPLICANT DISCLOSURE n Check here if the APPLICANT IS NOT a corporation, partnership, firm, business,or other unincorporated organization, © Check here if the APPLICANT IS a corporation,partnership, firm, business, or 7ixrrt , tvUSZ11UlN/ I s +r„. 01 rT 'S, nsI Pagetof4 - MI /A 'YOItt ILG Cat til ARiN(, c)'S[t. 00 NO CHANGLS AS Or 1,n 0 RLvrSIOMS SulzNit[ILLY 7=.,r DISCLOSURE STATEMENT THOMAS R. & JOAN G. ECKERT Agenda Item D1 (with Revisions for Council) Page 41 Virginia Beach other unincorporated organization,AND THEN.complete the following. (A) List the Applicant's name followed by the names of all officers,directors, members,trustees, partners,etc.below: (Attach list if necessary) Bishard Homes,LLC:Steven W.Bishard,Manager;John Bishard,Member (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Applicant: (Attach list if necessary) See next page for information pertaining to footnotes) and 2 4 4, SECTION 2 / PROPERTY OWNER DISCLOSURE Comotete Section 2 only if oroaerty owner is different from Annlicant. ® Check here if the PROPERTY OWNER IS NOTa corporation,partnership,firm, business,or other unincorporated organization. Check here if the PROPERTY OWNER t5 a corporation,partnership,firm, business,or other unincorporated organization,AND THEN,complete the following. (A) List the Property Owner's name followed by the names of all officers,directors, members,trustees, partners,etc.below: (Attach list if necessary) Thomas R.Eckert&Joan G.Eckert,husband and wife (B) List the businesses that have a parent-subsidiary 1 or affiliated business entity 2 relationship with the Property Owner:(Attach list if necessary) The disclosures contained in this form are necessary to inform public Page 2 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. DISCLOSURE STATEMENT THOMAS R. & JOAN G. ECKERT Agenda Item D1 (with Revisions for Council) Page 42 VirginiaBeach. "Parent•subsidiary relationship" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act,Va. Code§2.2.3101. 2 "Affiliated business entity relationship" means `a relationship, other than parent-subsidiary relationship,that exists when(i)one business entity has a controlling ownership interest in the other business entity,(II)a controlling owner in one entity is also a controlling owner in the other entity,or (iii) there is shared management or control between the business entities. Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities;there are common or commingled funds or assets;the business entities share the use of the same offices or employees or otherwise share activities, resources or personnel on a regular basis; or there is otherwise a close working relationship between the entities."See State and Local Government Conflict of interests Act, Va.Code§ 2.2.3101. 4 0 SECTION 3.SERVICES DISCLOSURE Are any of the following services being provided in connection with the subject of the application or any business operating or to be operated on the Property. If the answer to any item is YES,please identify the firm or individual providing the service: YES NO SERVICE — PROVIDER(use additional sheets If needed) C E. Accounting and/or preparer of your tax return n M Architect/Landscape Architect/ Land Planner Contract Purchaser(if other than the Applicant)-identify purchaser and purchaser's service providers Any other pending or proposed ivl purchaser of the subject property VN (identify purchaser(s)and purchaser's service providers) © Q Construction Contractors nEngineers/Surveyors Land Planning Solutions;MSA PC The disclosures contained in this form are necessary to inform public Page 3 of 4 officials who may vote on the application as to whether they have a conflict of interest under Virginia law. DISCLOSURE STATEMENT THOMAS R. & JOAN G. ECKERT Agenda Item D1 (with Revisions for Council) Page 43 II . AB Viinia Beach Financing(include current TowneBank,Cenit Bank;BB&T �� Ej mortgage holders and lenders selected or being considered to provide financing for acquisition or construction of the property) ® El Legal Services Sykes,Bourdon,Ahern&Levy,P.C. Real Estate Brokers/Agents for current and anticipated future sales of the subject property SECTION 4. KNOWN INTEREST BY PUBLIC OFFICIAL OR EMPLOYEE YES NO Does an official or employee of the City of Virginia Beach have El m an interest in the subject land or any proposed development contingent on the subject public action? If yes,what is the name of the official or employee and what is the nature of the interest? CERTIFICATION: I certify that all of the information contained in this Disclosure Statement Form is complete,true,and accurate. I understand that, upon receipt of notification that the application has been scheduled for public hearing, I am responsible for updating the information provided herein two weeks prior to the Planning Commission, Council, VBDA meeting, or meeting of any public body� .5-27%6 ommittee in connection with this Application. ,itt 7 � Steven W.Bishard t APDL. ANT'S SIGNATURE PRINT NAME DATE 1l. E C d-/ !.`1 ori1`fiomas R./Joan G.Eckert 5/.2,-1 I is PROPERTY OWNER'S SIGNAT :.r PRINT NAME I DATE The disclosures contained in this form are necessary to inform,:,Ni, Page/of 4 ofd .c's.-nr.iay vote on the application as to "c her they i...ve ,;..i,. " of int,r.::t under Virginia law. DISCLOSURE STATEMENT THOMAS R. & JOAN G. ECKERT Agenda Item D1 (with Revisions for Council) Page 44 Item #D1 Thomas R. &Joan G. Eckert Conditional Change of Zoning 4444 Shore Drive District 4 Bayside April 8, 2015 REGULAR Jeff Hodgson: Mr. Ripley, will you please call the next item? Ronald Ripley:The next and last item, it looks like, is the application of Thomas R. &Joan G. Eckert for a Conditional Change of Zoning from R-7.5 Residential to Conditional PD-H2 Planned Development (R-5D Residential) and Conditional B-1A Business. This is in District 4, Bayside. Jeff Hodgson: Mr. Bourdon. Eddie Bourdon: Thank you Mr. Chairman, members of the Commission. For the record, Eddie Bourdon, a Virginia Beach attorney representing Thomas&Joan Eckert on this application. Mr. Eckert is with us this afternoon, as are John and Steve Bischard, who are the developers who will be developing this project if it is approved. The Baylake Pines School had operated on this site since the early 1950s, before I was even born; so, that is really old. Unfortunately,the school did close last June, but this school was a very large part of the formative years,the early educational years,for thousands and thousands of Virginia Beach and local residents for all those many 63 years. This is a proposed redevelopment of that piece of property, the larger of the two,the upper school.This is the site shown up here. Dr. White, if you could put the zoning map up? It is important to recognize that immediately adjacent to this property on the west side is an apartment complex, A-12 zoning, with, and I haven't gone and checked the numbers but, roughly 12 units per acre, maybe a unit or so less. And he faces the Exxon station which is a landmark, again, longer than I've been around,which is adjoining on B-2, this section of B-2 property adjacent to the site. It's a true service station, and it is something that is a community assets, but it is still a service, a full service station, which gas sales as well. On the east side is also a 13-2 property, which has been for a number of year, occupied by an eclectic and very successful restaurant, and again, B-2 zoning. This piece of property is the only piece of property that does not have commercial zoning. It is because the school has been there before most of what's around it, was in place, or certainly was currently around it, was in place. So,the zoning is R-7.5 Residential, and with that, the first thing that we looked at is, so if you develop it by- right, where does that take you? You were all provided this morning a plan that would show what could be developed on the property by-right, whether it is 28 single-family homes, fee simple ownership or 27 or even 26. It is somewhere in the 26 to 28 homes on the entire piece of property. That's the starting point. But then you wind up with houses that are on Shore Drive, backing up to Shore Drive, and you have houses next to a gas station, houses directly adjacent to an apartment complex, and houses directly adjacent to a restaurant. And, candidly, Item#D1 Thomas R. &Joan G. Eckert Page 2 the success of that restaurant is most likely going to result in that property being redeveloped, because it is really very non-conforming in a lot of different aspects, and a parking lot, a physical structure, etc. So, I think that success is going to likely lead to some redevelopment of that site in the future. That site is also owned by Mr. and Mrs. Eckert's daughter, is my understanding; so,just for a little bit of background. This is a proposal to redevelop the property. There are two different zoning applications. I'll start, with what, I consider, to be,the simpler one. It is certainly has a lot less complexity to it, and that's the Conditional B-1A rezoning on the corner piece for a tightly proffered medical office building. This area doesn't really have, I think there is a medical to the west of Route 13, but there aren't any medical facilities of any consequence along here, and a number of years ago, had the privilege of representing Phallen and Waldren on the rezoning for Baylake Assisted Living across the street from Baylake Pines.They also have zoning on the property that is currently being used for soccer, and other things. It got a Use Permit earlier this year, but it has been used for quite awhile before that for recreational purposes. But that property, they have for a nursing home. At some point, that will likely happen with the continued expansion of Westminster Canterbury. They have been putting off doing so, but that is why they own that piece of property. One of the other reasons they haven't gone forward with the expansion, as I understand it, is because of the lack of medical facilities in the area; so,there is truly a need for medical office in this corridor. I grew up in this corridor, and the age of residents in the corridor, and no offense to anyone who is here, like mine is getting older;so,this is, we think, a needed use. It is an excellent use. A beautiful building, landscape, proffered with landscaping around it. Again, it is no way indicative of any bad feelings about the service station next door. But it is an appropriate land use transition from the more intense commercial directly adjacent on the west side, as contrasted with putting a home in someone's backyard adjacent to it; so, no access for this. It all comes off of the street system for the community because it is being developed with the community.There will be a parking agreement whereby when the offices are closed, it can be used for guest parking for residents of the proposed community. The PD- H2 is for 31 single-family condominium units. These are not subdivided lots. This is a single- family condominium project. So that we are clear, there,there are no lot lines here. There are unit boundaries, but these are not lots, unlike the fee simple that you could do by-right at R-7.5. Big, big benefit is along Shore Drive, in addition to all of the right-of-way improvements that will have to be done, by the developers of this piece of property, including adding the left hand turn lane. Most critically is all of this open space along Shore Drive, again, with the, I believe, highly appropriate medical office building as a transitional use to the more intense B-2. This is a B-1A zoning, as opposed to a B-2, but it doesn't allow any more intense utilization of that property. These open space areas, I think, are extremely important to note. The first one,this will actually be an honorarium for the school, and Kristine, this morning, in your informal, I think, made an excellent presentation on that about the amenity there, with the plaques, and it will really be a historic marker, so that people will not forget about what an important part of a lot of people's lives that school has been - not the least of which the Eckert family; so, we think that is a very important aspect of this. Secondly,the open space adjacent to the Leaping Lizard restaurant rather than,their property is too large to suggest that we, and we are not going to be able to put open space along the entirety of the property. But,this is the parking area and Item#D1 Thomas R. &Joan G. Eckert Page 3 adjacent to that will be open space. And, I believe,that at some point,that when this property redevelops the most likely scenario is that the restaurant will be moved closer to Shore Drive. This wasn't built as a restaurant to. I think there was a dwelling at one time, but that's not likely to be where the restaurant remains in perpetuity.This will be here for a long, long time. The most likely scenario is the restaurant,to get visibility, will likely be moved to the front.That fact remains to be seen, but it is likely be moved forward, and certainly be moved away from the property line. You couldn't do a B-2 building this close to a residential building today. This wasn't residential to start with. And, again, I applaud the City for allowing it to be a restaurant, etc., but this is a situation where the burden of really moving away is on the B-2, and not on the residential. So,the exact layout is shown here with open space. My clients spent months and months with all the civic organizations in the community. There have been many, many nights with Baylake Pines, Chesapeake Beach Civic League,the Shore Drive, actually the Bayfront Advisory now, and the Shore Drive Community Coalition with meetings and meetings. There is no opposition from the Chesapeake Beach Civic League,the Bayfront Advisory, and you have their letter.They certainly are not in any way objecting to the application, and I am not sure that the Shore Drive Community Coalition has any concerns either. There are some at Baylakes Pines. I want to mention that the City, as you all know, owns the lakefront portion of the property.This is a condominium. These individual units were showing eight, no more than eight, potential boat docks on Lake Joyce. They would be under one application from the developer's condo association for uniform docks that City Council would have to approve the encroachment into this area for those boat docks. There are hundreds of boat docks on Lake Joyce under the same scenario. Many of them were developed before the City of Virginia Beach owned the strip of land. And that encroachment... Jeff Hodson: Mr. Bourdon, I don't want to cut you off, but your time is up. You have to kind of wrap it up. Eddie Bourdon: I am trying to get all the information out there. It is complicated. It is actually two applications. You want to give ten minutes on the first and ten minutes on the second? Jeff Hodgson: I didn't say stop right now. I said if you could start to wrap. Eddie Bourdon:That's okay. I'm just trying to get everything out there. There was a lot of discussion this morning. With this proposal, we are reducing the trip generation by 56.4 percent of what the school was producing at 582 less trips per day, less trips per day, both uses combined,than what the school produced; so, a tremendous reduction in the actual traffic that is produced by this development. I think you all have seen the Design Guidelines, and certainly they represent very high quality homes, and I think, an appropriate use, for this piece of property. Let me address water quality because, I think, that is something that you heard this morning, and you'll hear from some of the folks here today. Lake Joyce is a regional BMP. When a lot of the early development occurred, we did not have stormwater regulations. Baylake Pines and other communities that abutted to the north. Their stormwater goes into Lake Joyce. Most recent developments have to treat their stormwater on-site for quality. Lake Item#D1 Thomas R. &Joan G. Eckert Page 4 Joyce only represents an outfall for already treated stormwater, and that is exactly what has to happen here. All of the stormwater produced from any redevelopment of this site, not from what is there now, which goes directly there, but anything that is redeveloped has to have BMPs to fully treat the stormwater before it is ultimately discharged into Lake Joyce. That will have to happen, as I think most, if not all, of you are aware,the engineering of stormwater treatment is a very expensive processing-engineering and obviously implementation. And that engineering will almost never take place, especially on a parcel this size, until the zoning is approved. So, whether it is developed this way or a fee simple single-family that will be engineered at that time, and that may result in a loss of a unit on this plan or a loss of one even potentially on the by-right, what would be engineered. What we are showing on here, is the one-acre plus of open space, not including the roughly 12,000 to 15,000 square feet where we are showing rain gardens, bio-retention beds, and there will be Filtera structural systems that will be used as well to treat stormwater, so it is all engineered so that all the stormwater is treated before any water is discharged into Lake Joyce. So,that will happen with the site plan review. Everyone is in totally cognizant of the fact that you can't put any untreated stormwater into Lake Joyce. And, I do not believe it will suffer the loss of any unit but because it is proffered that there will be 15 percent open space, 45,000 square feet of open space that is shown on here,that does not include the BMPs to the extent that we underestimated the necessary area for BMPs. It could result in a unit being lost. But stormwater is, and there is no chance with the state, and the local regulations, as they are now,that is not going to happen. I appreciate totally if I lived on the lake, I would be concerned of the nature of what was going to happen as well, but more will be done to treat stormwater from this community than the older communities that were built and are grandfathered long before there were stormwater regulations that exist today. Because you got a very good report and all of the months that have been spent with the community, I will not go into the more detail. I will be happy to answer any questions that anybody may have. Jeff Hodgson: Are there any questions for Mr. Bourdon? Mr. Ripley. Ronald Ripley: I'm also speaking on behalf of our fellow Commissioner Ross Brockwell. Ross, of course, is not here today. He has the flu of some sort. He is very concerned about a number of matters that are in the application. You mentioned, I guess you mentioned drainage, and then stormwater runoff. Currently the property is draining to, I would imagine, is draining into the lake. Is that what has been determined? Eddie Bourdon: That is correct.That which is draining into the public stormwater system is not treated stormwater, and the public stormwater system also. Ronald Ripley: So, post-development you will capture that water that is on that site, and as a result of that development, and treat it, both quality and quantity going into there, or will quantity be used in the lake? Eddie Bourdon:The ultimate discharge is the lake. All of it has to be captured, every bit, and Item#D1 Thomas R. &Joan G. Eckert Page 5 treated on site through numerous BMPs, such is what is shown on the plan. Once they are treated,they are held and treated, then the ultimate outfall is into Lake Joyce, as is the case today, without the quality treatment coming first. Ronald Ripley: So,you will be treating the quality with the drainage going into the lake? Eddie Bourdon: Correct. Lake Joyce is a regional BMP but no new development. That has been the case for some time. It just didn't happen with this application. The lake cannot be used any longer as a quality BMP. Ronald Ripley: One of the concerns that Ross had expressed to me, is the drainage into the lake and the quality. Of course, at this point, we don't have those types of engineering studies. I imagine there has been some preliminary looks by your engineer, I would think,typically that happens. But,you mentioned that if there is more property needed to accommodate that, then you all will try to find a way to do that? Eddie Bourdon: We don't have any choice by the way it has been proffered because the proffers require that the open space, not including, any BMPS. BMPs, and we have done many of these over the years where the BMP is an amenity, and we add that to the open space. In this instance, and I've done this a number of times more recently, we're saying that the open space will not include any BMP area, and the open space has to be the 15 percent. So,the appearance here, and there is more than 15 percent open space, but the portions of the open space that are shown with BMPs on it, don't count towards the 15 percent calculation; so, we have no ability to add BMP space without reducing the open space, which we can't do, and meet that proffer. Ronald Ripley: Okay. And, the plans we have are kind of small to read. Eddie Bourdon:They are. Ronald Ripley: If I'm reading this correctly, it looks like to me there is a chain-link fence being put up interim down by the lake? Eddie Bourdon: Yes. Yes sir. Ronald Ripley: So, that will be in place until after construction? Eddie Bourdon: Correct. Ronald Ripley: Stabilized. Eddie Bourdon: Unlike a fee-simple where everybody's lots are platted down to the lake, I mean to the property line, the City does own the strip, which is a varying width, what has happened, and we have heard it from some of the residents from Baylake Pines,that some of Item#D1 Thomas R. &Joan G. Eckert Page 6 the property owners along the lake go out, and take down trees in, what they conceive to be, their property, behind it. Not only will that area be fenced off, but we will be fencing off inside of our property line, and there is a tree preservation plan, a more detailed preservation plan, so that the trees, not only on the City property, but the trees on our property will be preserved to the greatest extent we can. That will be a part of the submittal for the site plan review of this piece of property. And that will be fenced. It will be fenced. There will likely be the need, because these units will have unit boundaries,to not have the unit boundaries go to the property line. They actually have a limited common element that is owned by the association along the boundary on our side of some width, probably a minimum of five feet, that would not be a part of anyone's unit, but if the units do get approval, if there is an approval granted for a boat dock for any of the units, it will be applied for, the would have the right to go through that limited common element owned by the condo association,just for a walkway to the boat dock just for that unit. So, rather than have individual ownership, you won't have individual ownership of the area adjacent to the boundary; so, you again, have an association that controls that of everybody to be a greater deterrent to anybody going out there and attempting to take down a tree, after the units were sold. But, when everything is being developed, then that's when the fence will be put up to keep any of the trees from being damaged and their drip lines covered. Jeff Hodgson: Ron, before you continue, let me see if understand.The chain-link you just mentioned is a temporary fence? Eddie Bourdon: During construction. Jeff Hodgson: During construction. Eddie Bourdon: During construction.That's right. Ronald Ripley: How about the quality of the buildings that are proposed here? Can you speak to that as to what materials are going to be? Roofing materials? Do you have a general price range that this might be? I realize that is not planning. Eddie Bourdon: I should have asked that question. The price range? I will get that for you. Mr. Ripley, I should have anticipated that question.The guidelines clearly spell out, we're talking about hardi-plank, and brick, and stone skirts, architectural shingles, but we're not talking about vinyl siding here.There is no vinyl siding whatsoever involved in these high-quality building materials, and a very, it is a beach cottage type of architecture. The guidelines have all of the elevations of these units, rear-loading garages, front-loading garages, set back from the front. Ronald Ripley: How about railing materials? We've had the discussion before. Railing materials? Item#D1 Thomas R. &Joan G. Eckert Page 7 Eddie Bourdon: I believe, in this case, each unit would have their own material to match the color and the building material. You are not going to have multiple. Ronald Ripley: It's not going to be wood is it? It is not going to salt-treated wood. Eddie Bourdon: No sir.There is no salt-treated wood. This is not the multi-family scenario that you are concerned about. Ronald Ripley: I'm concerned about the salt-treated wood deteriorating in the future looking bad. I want a sustainable product that is what I'm trying to get. Eddie Bourdon: It is not going to be salt-treated wood. It will be material... Ronald Ripley: PVC or aluminum? Eddie Bourdon: PVC, or aluminum. I am not an architect, but when you got hardi-plank, I'm not sure what the matching material for the porches would be with hardi-plank, but it will not be, and the balconies that you're speaking of along Shore Drive on the old marina site, I understand that. I haven't got that deep into the weeds on the material, but it won't be salt- treated wood. That is correct. The other fencing, other than the boundary fencing is an open style, four-foot,that is shown here, aluminum. Ronald Ripley: I saw that.That's nice. Eddie Bourdon: That is the other type of fencing. The other thing is Proffer 6, is an important proffer that we don't, Kristine and staff have come up with this with a couple of other recent applications. All of the frontage, and sides of the units, the portions that face the roads internally,these are all privately maintained roads. They have to be entirely landscaped, foundation landscaped except for the break for the driveway or walkway going to the front porch; so,you got buildings. A lot of times when you go into new neighborhoods, you see houses and you might see a tree. You might see a bush in there. We're talking about specific landscape requirements when the units are constructed, that have to be, again,the association makes sure they are all maintained, and fully landscaped except the access point to the house and the driveway. And there are some with sides as well as fronts. The entire side has to be landscaped at the foundation level,which is a big improvement in terms of the visual, street appeal of the units when they are built. I will mention one other thing, what Kristine was going over it this morning, the minimum. It talks about setbacks from the back of the curb, minimum five feet, but that is only in one or two instances, and it is at the corner, because of the way the roads are configured and the homes, and especially to get the ones on the lake further off the lake, which we have done. The typical distances are much more than five-feet. You say five- feet, but that is not what we are dealing with here, but there are a couple of corners where you maybe within five-feet. Item#D1 Thomas R. &Joan G. Eckert Page 8 Ronald Ripley: Okay. Let us know the price range when you can. Eddie Bourdon: Oh! Ronald Ripley: Okay, sure. Eddie Bourdon: Mr. Ripley, 500,000 to close to 700,000 is the anticipated price. Ronald Ripley: 500,000. The boat docks are separate. Jeff Hodgson: Mr. Wall. Jack Wall: I got one thing. What is the plan for the finger piece of property? Eddie Bourdon:That is an excellent question Mr. Wall.Thank you I forgot to mention that, but I ran out of time. If you could, put the zoning map up Dr. White? Either one. The other one before is probably better. I am sorry. This finger up here, as you can see, if you look at the by- right, we could certainly do a parcel back here with a variance for the access. I don't think it will be 75-feet wide. The thought process, this property back here is zoned R-7.5, it is not on Shore Drive. It is in a single-family residential setting. And this,to us, looks like sort of a spite-strip, for a lack of a better way of saying it. It was created that way, but that is kind of the way it worked. And rather than try to put a driveway back here, and put a house back here, the property owner here, approached the Eckerts previously, and wants to acquire this to add it to this larger piece of property in a residential setting. It is not being rezoned. It would be R-7.5, as is the property here, behind the apartment complex. And so, it seemed to us to make much more sense from a development perspective to allow that to be conveyed to this property owner,that owns these properties here, and would make for a much better land use development at a R-7.5 resubdivision of this large property here. And that's the purpose for it. Land use wise, we think it makes more sense that it be added to this piece of property, and I don't believe in any way, shape, or form,that it sets any kind of precedent for this to be something other than R-7.5. Now, that doesn't mean that somebody might not try to do something different but to me this is in a residential area. It is not on Shore Drive. So,we didn't think it really made sense to put the PD-H back here, and add another unit.The density that we're asking for is just a slight increase at 4.7 versus roughly 3.7 to 4 without it. We felt like that was a better way from a land use perspective to do this. Jeff Hodgson: Are there any other questions? Bob Thornton: I got one for you Eddie.This morning we got from you, or you sent to Kristine, information on the swimming pools and the accessory sheds. The only concern that I have is it seems like 16-feet is excessive, and I would suggest 12 maybe. Item#D1 Thomas R. &Joan G. Eckert Page 9 Eddie Bourdon: We fully agree. This did come up at the 11th hour, and I've talked to my clients. What we will do is between now and City Council, we will add to the design guideline proffer an actual elevation for a typical shed. I believe that that 12 %2, 13 max would be the more appropriate height, but, and I certainly don't have any problem with telling you that it won't be more than 13, and it may be 12, but the intent is to simply to have added to the guidelines and provided obviously to staff, and we're also going to add a proffer that there will be no swimming pools, and that only, there is only a handful of units that will be permitted to have a storage shed, a detached storage shed. And those are listed as units 1 through 7. unit 9, unit 15, unit 17 through 21, and unit 31 they will be the only potential, and we will proffer those units with a storage shed of no more than 120 square feet with the proffer of height at the peak of the roof. I do not disagree with you Mr.Thornton. It is probably 12 %feet. We will actually go so far as to put the elevation in the guidelines. Bob Thornton: Thank you. Eddie Bourdon: That's an oversight. Jeff Hodgson: Are there any more questions for Mr. Bourdon? Thank you. Eddie Bourdon: Thank you Mr. Hodgson.Thank you for your patience. Jeff Hodgson: The next speaker. Ronald Ripley: The next speaker is John Boium. And he is representing the Baylake Pines Civic League. Jeff Hodgson: Good afternoon. John Boium: Good afternoon. My name is John Boium, and I live at 4221 Sandy Bay Drive. I live in Baylake Pines. Before we get started, I going to excuse myself, as far as, using someone else's excuse for being nervous up here, because I am nervous up here. Jeff Hodgson: You don't need to be. John Boium: I would like to hand out just a couple of, one particular drawing, and I'm sorry that I couldn't get enough for everybody. I do have, if you would pass that around, we as a civic league, and I am representing the civic league, has sent a letter of opposition to both of the rezonings because there are two and not just one. I've listed them in a letter, which I think you received in your package. There are nine specific points that we address, and I have some other residents that will speak individually that will address other points. The increase in density actually is not from 24 homes in the whole property, or 28 homes, whatever number they want to use, but it is 31 homes in a shrunken piece of property. And that drawing was given today of Item#D1 Thomas R.&Joan G. Eckert Page 10 a rendering for the 28 homes, and then we have gone back, and shown what 31 homes would be in the area that is marked off. Stormwater is a very, very big concern of ours. I know that everybody keeps saying that after the site plan is done, things will be presented. But we've been working on this project, the developers and the Eckerts,for almost a year. And we haven't seen anything. Engineering hasn't seen anything. Planning hasn't seen anything but what should be recommended, not anything that should be done to treat that water. That water not only goes into Lake Joyce but it spills out into the Lynnhaven River Basin, which the whole city is trying to clean up to bring back the wildlife, and vegetation. So, it is a very big concern of ours. Planning hasn't reviewed anything. Engineering hasn't reviewed anything. A lot of the drawings that are shown in the pictures do not have the exact rendering.The renderings don't portray the actual structures. When you look out, and you think that for one house to the other house is 11 feet, with a fence in between them, a 4-foot fence in between them,you're actually right on top of each other. It is a very packed situation. We think that the density is extremely too high. Unfortunately,that is just the way it is. The traffic issues that are going to be developed, when you exit this particular community, you have to exit to make a left hand turn to go east, you will have to come out of the second particular entrance level that they have down by the Leaping Lizard location because the other one goes directly across traffic. You have to go three lanes to make that turn or you have to go down to Greenwell, and then make a legal u-turn there. So, it is going to cause some problems, and there will be some, and unfortunately coming out and trying to do that eastbound turn, there will be some accidents developing. The fencing that has been spoken about along Lake Joyce. It is temporary. The open area that goes down to the lake from the space in the middle, needs to be fenced off in order to prevent anyone going down into that lake, as far as being, outside of the neighborhood. They don't know what's in that lake. The lake is deteriorating. The stormwater needs to be addressed, and that fencing needs to be addressed for security purposes.There has been a drowning there in the past six years from someone just coming across that property trying to go over to the island, which is, there is an island. It shows on a picture in your group on page 26, I believe. Page 29, I'm sorry. It is Page 29. There is an island in there, an uninhabited island that the kids go to. There was an individual that swam across from this particular piece of property area, and got caught in the muck in the bottom and drowned. So,that area needs to be fenced off. This morning, when someone asked the question, and I don't know who asked the question, but what does the City gain? The city gains a lot of housing and another business. But this is a condominium, like it was stated. This is not opened to the public. This public area, these open areas, this entrance down to the lake.These are all private. So, this is not what does the city gain, as far as open space. So,those instances, and we feel like this thing should be studied more. And right now, we feel like it should be denied on both parts, on the business and the housing. I'll rest my case there. Oh, I did want to say one thing. It struck me strange that this morning the 11th hour, a 16 foot shed be put up in the back of 9 of the particular houses. The developers, and the Eckerts, have come to us on five different occasions. Last one being was being March 8, 2015. And after leaving the presentation, things changed every time and this is an example of it. This morning, when they came out with a shed situation; so, I am just saying that these things need to be looked at a little bit closer. Thank you. 1 11 Item#D1 Thomas R. &Joan G. Eckert Page 11 Jeff Hodgson: Are there any questions? Ronald Ripley: I have a question. The plat you passed around, and I am not sure what you were trying to communicate there. I am trying to understand that. John Boium: I'm sorry. This area is the area that is being developed for the housing. Ronald Ripley: Right. John Boium: These houses here, along here from the 28 that were projected, as it stands by- right right now, are going to be jammed into this particular area. There is no housing here. There is no housing here. You take the 24 houses that are supposed to be here in this area, and then you cram 8 more in there. You are taking those houses and putting them into this particular small area, and then developing this as a business over here. Ronald Ripley: Okay. Thank you. I just didn't understand what that was. I do understand now. One thing about this particular property, and I know my children went to Baylake Pines... John Boium: Mine too. Ronald Ripley: It was a really good education I thought, but the traffic has always been this way. There is no crossover here, and you came out, if you're heading toward the school, you had to go take a u-turn or come into it from another way. And when you leave, if you're heading east you have to do a u-turn; so, and the traffic was much greater obviously,the school,the impact is very intense twice a day. John Boium: The big difference there is that they had a guard there. They had police directing traffic; so, it acted like a stop light. I mean, he would, and I got caught on both of them, where I've been stopped further back, and I've been let go. The last one to get through. But there was a guard or an off-duty policeman, not only there, but at the lower school as well, lately at the lower school. Ronald Ripley: But at other times of the day, it was only in the morning and the afternoon; so, you always had, so, this condition has been there for some time. John Boium: Correct. At a school, it is the only time the traffic is really there is in the morning and in the afternoon. Ronald Ripley: You mentioned drainage. I think that is something that we really beat around, and neither you, or I, will know the answer until the designs are done, but I am confident that given the new regulations that we're working under, I don't believe you will be dissatisfied, because they will have to comply with the quality of erosion. Item#D1 Thomas R.&Joan G. Eckert Page 12 John Boium: Unfortunately. Excuse me. Unfortunately, he is not doing it under new regulations. He is doing it under old regulations. He applied for a variance back in November, to be grandfathered. Ronald Ripley: Okay. It is grandfathered. John Boium: That was given to me. Ronald Ripley: What other things in there would you change that would make it compatible to the neighborhood, because it is zoned by-right now. John Boium: We know it is going to be developed. Ronald Ripley: Let me finish. Put yourself in the owner's position. Put yourself in the City's position. It is zoned. It is legal. Okay? There is going to be a by-right development here, and the intent of this ordinance, to provide some additional density, is to get additional quality and different other things, and open space, and so on and so forth. So, my question is what would make the neighborhood satisfy? John Boium: The neighborhood has listened on a number of occasions like I said, and we really feel like it should be zoned for the zoning as R-7.5. It should stay like that for all of the property. It should stay what you see as the rendering without the dotted lines on it, where it would have 28 homes, and that would be that what the neighborhood would like to see. Ronald Ripley: Okay. Thank you. John Boium:Yes sir. Mike Inman: You would like to see the houses along Shore Drive and not the green area along Shore Drive? The houses would probably back up to Shore Drive with like a stockade fence or something? John Boium: Right. Well, there are houses on Shore Drive for down the neighborhood that face Shore Drive, not the back of it. If you go down where Bayville Road comes out,those houses are up are further back, and face Shore Drive. If you come on this side of Bayville before Baylake, they face Shore Drive; so, their driveways and everything and their front yards are all on Shore Drive. That is part of our neighborhood. I think there are only two houses between Indian Hill and Baylake that are turned the opposite way. Mike Inman: So there not benefits that you see from the proffers as a neighborhood, a greater neighborhood would obtain versus having no proffers and no conditions of any sort of by-right development? Item#D1 Thomas R.&Joan G. Eckert Page 13 John Boium: I would have to say, that is what the neighborhood would say, yes. I would like to speak for myself in few minutes but that is what the neighborhood would like to see. Yes sir. Jeff Hodgson: Yes, Mr. Weiner David Weiner: I have a question real quick. I apologize for saying this, but how far down the road is Baylake Pines? The other side of Lake Joyce? John Boium: Baylake Pines is here. David Weiner: Okay.That is what I thought. John Boium: All of this area, all around it, except for the front strip right here, is R-10. All of this is R-7.5, around the project. It is R-10. All the way around the lake is R-10, except for what is being requested right here, these two pieces of property,that are R-7.5. And even though Mr. Bourdon had indicated that it would probably remain R-7.5, if granted here, PD-H2, this will be the next piece of property that will be in front of you for that same request. That is our opinion. That is what is going to happen. That is another piece of nice property on the lake that is going to be developed. It is empty. I don't know if you had a picture again. That is all open space there. One of these individuals there is going to be developed. This point cannot be accessed without having some kind of variance through here, and right now, if developed here, the only access to that piece of property is some kind of variance over here. Jeff Hodgson: Are there any other questions. Thank you for your time. Ronald Ripley: Our next speaker is in opposition. It is Dell Young. Jeff Hodgson: Hello. Dell Young: Hi. I am nervous too, and I've talked for 35 years. I think I'm about as nervous as when I had an assembly of 500 seniors and we talked about the prom.That was fun. Anyway, I'm Dell Young, and I'm the immediate past president of Baylake Pines Civic League, and a neighborhood of 330 homes. We're the last single-family residential neighborhood in Virginia Beach on the Chesapeake Bay. So, we are really proud of that. We are also part of the gateway to Shore Drive, and we know that, and we take pride in that as well. We just spent thousands of dollars updating our signs out front for example. This morning, we heard a couple of things that kind of bothered me. I did give you a letter, and I don't know if you received a copy of this letter or not that came in this morning. So, I don't know if you got that. You can see where my concerns are. But I heard a couple of things this morning that kind of bothered me a little bit, and I just want to address those if we can. Someone said this morning very clearly, "Don't get hung up on the numbers. It's just a few more units." And I just want to make sure that you understand that is not quite the story. If it stays R-7.5, we know that it can be developed as 27- I i Item#D1 Thomas R.&Joan G. Eckert Page 14 28 homes, and that is what we expected. Now, if you look at the zoning that he is asking now, 4.73 homes per acre, which is what they are asking in their PD-H2,you're looking at about 37 homes if it was the entire lot. If you want to compare, make sure you compare the 27 homes to 37 homes. Now, what they would like to do is have two rezonings, not one, but two, and I just want to make sure that you understand that we haven't had a rezoning up here in 20 years. So, you're going to start something by rezoning this area. This is a rezoning.This is not a Conditional Use application. It is a rezoning. Once it is done, it is done. And in the letter I sent you, we had one in 1994, and that was residential, and it was zoned to an office complex, and the one that the lawyer referred to a few moments ago, or maybe an hour ago, it was in 1982, and that was residential. And it is now a small restaurant. Right next to that area is zoned R-7.5 as well. So, we want to make sure that when you're looking at this, and if you could go back to the larger picture right through there, it is not just, no,the one you just had. Yeah, right there. You can see a lot of R-10s. You see a lot of R-10s across Lake Joyce. You see it beside Shore Drive as well. So, don't get the impression that we are a neighborhood that is just a mixed use. We're not a neighborhood of use, and what is there now, the B-2 you see directly to the east, and the 0-1, these were the latest, 20 years ago, 30 years ago. That's when those zoning changes took place.They were residential as well.Then the exception in that little area is that Agricultural zoning. That little tiny agricultural section that sits behind the B-2 that you see to the east of the requested zoning change area. Alright, if you look at what they are looking at now, by getting rid of the area they would like to be rezoned as a business,you're looking at that,just the remaining part of that acreage,you're looking at may be 22 homes. And I can do math. I taught science for 35 years, but I can do a little bit of math, and it comes to about 22 homes with that part that is left over. Jeff Hodgson: Ms.Young? Dell Young: Yes sir? Jeff Hodgson: I would have to ask you to start to wrap up. Your time is up, because we have other speakers. Dell Young: Okay. I don't get six minutes in it?Two times three? Two? That is what I just heard someone say a few minutes ago with something else. Anyway, I'll just go through this really quickly with you then. We were told that we would be shown a need for a medical office in this area for the commercial area. We have not seen that within the area, and about a mile and a half,there are several medical complexes located there already; so, we haven't seen that need. Traffic concerns, I think John addressed it well. We had traffic for 20 to 30 minutes in the morning. We had it in the afternoon, and there was a traffic policeman. So, don't get the idea that people have been making those illegal left hand turns or those u-turns. Maybe they are illegal and so on. I talked about the quality of the storm drainage. I think you know enough about that. We've been asking since last year, last June, when we first met with the contract owners to show us some plan for the stormwater drainage. We haven't received that. We are told now that there will not be something except coming from the City, once this has been Item#D1 Thomas R. &Joan G. Eckert Page 15 approved, once this rezoning has been approved,that is when we will get that information. And when someone said a few minutes ago, that what you will do as a City is much better then what's being done right now, I'm not quite sure an acre is taking care of it right now, and there is a 40 to 160 foot border around this land right now. It is anywhere from 40 feet to 160 feet. That is what we have now that is protecting that lake. Lake Joyce is a shallow lake. It has only one area that the water flows out. It is a compromised lake. We know there is no problem with it; so,we are concerned. Thank you. Jeff Hodgson:Thank you Ms.Young. Are there any questions for Ms.Young? Dell Young: Thank you. Jeff Hodgson: Thank you. Ronald Ripley: Our next speaker in opposition is Larry Horvath. Jeff Hodgson: Good afternoon. Larry Horvath: I'm a resident of Baylake Pines, and a member of the Board of Directors of the Civic League. I'm Larry Horvath. I'm a registered structural engineer in the City of Virginia Beach. I have a lot of experience with development, and I've been exposed through architects, and I've learned that the things we build affect the way we feel about each other, and the way we behave towards each other. The biggest complaint, I think, I don't know if it has been stated, is that the proposal is very crowded. The change in zoning that he's asked for,the PD- H2,the renderings that he's shown, he's shown beautiful houses. And they are pretty. But he's showing open space and trees to the left and right of each front elevation. These houses are going to be jammed 11 feet apart, and I do think that this is going to have a negative effect on the whole area. It is not a good precedent to set. It will set a precedent for the next big huge chunk of land right next to it. That is zoned R-7.5. So, I'll make this quick in summary. I think we ought to keep the zoning that is here now. Open space is a big commodity. It is worth a lot of money, and it affects the aesthetics, as well as the emotional and psychic well-being of all who live here. I think the open space should be maintained. I do think a developer can make as much money building upscale houses on this beautiful piece of land. I think the City tax revenue will be the same whether there are 22 houses at R-7.5 or 37 at the PD-H2 being changed to, duplex zoning, whether they are crammed in. I think the City tax revenue will be the same. Over time with the houses crammed this close. I have ridden through the neighborhoods nearby where they developers have built the houses stuffed next to each other. They are starting to show age, and they are not wearing well, and I think ultimately,the property values will go down, and that will affect the City real estate tax revenue, as well as the well-being of the residents. That is it. Jeff Hodgson: Are there any questions?Thank you. Larry Horvath: You're welcome. Item#D1 Thomas R. &Joan G. Eckert Page 16 Ronald Ripley: The next speaker in opposition is Richard Mitchell. Richard Mitchell: Relax. That is very nice. Whose humor is that? My name is Richard Mitchell. I'm a resident of Baylake Pines, and I'm also a member of the Baylake Board. I'm opposed to the zoning changes in this particular case, because you're increasing significantly the density of houses. If you go and review the 1997 Bayfront Study, in detail, it says keep the density low, particularly in the Lake Joyce area. This loads up the density significantly, and it is significant when you are talking about a potential increase of 50 percent over what it would be over R-7.5. We, as a community, are not comfortable with R-7.5, but we have to live with it because it is what it is. So, we think an R-7.5 you keep the number of houses on the lake reduced. Having fee-simple property is not a bad thing. Everybody wants all the property on Lake Joyce, except for this piece, and one other piece, zoned R-10.The houses are very nice. It is a very expensive neighborhood.This isn't going to cause inexpensive housing to suddenly pop up if you have that R-7.5 zoning in that area. That is a fallacious statement to me; so, I have an issue. Secondly, there are going to be water quality issues. We are not using the most strident regulations. We are not going the extra mile. Any development here needs to be carefully monitored, recognizing all the stormwater runoff coming off of Shore Drive, out of the Baylake subdivision, out Chick's Beach, goes into that lake. And we need to begin to mitigate that; so, bear that in mind as you take a piece, and say, how strident are you going to be on this kind of development? So, I have an issue with density. I have an issue with water quality. I have an issue with a public access by allowing a PD-H2.You create a condominium. It will be the only condominium on the lake. It means it is community owned. It means there is going to be pressure put on for community docks. It means we will have issues on the lake that are greater than the current issues, and we have a public safety issue by having a 40-foot piece of land that everybody can use to go out to the lake to swim or do whatever. And we do swim in the lake. We boat in the lake. We kayak in the lake. Our children use the lake extensively. So, keeping this R-7.5 is an acceptable alternative, and keep in mind, everywhere else, except for this R-7.5 zoning and one other piece of property, are R-10. That is the warning light right? So,that is where I'm at. I just think this is a terrible mistake to go for density. Thank you very much. I appreciate your time. Jeff Hodgson:Thank you Mr. Mitchell. Are there any questions? Thank you. Ronald Ripley:The next speaker in opposition is Jack Bryan. Jeff Hodgson: Good afternoon. Jack Bryan: Good afternoon. My name is Jack Bryan. I live on Baylake Pines on Blackbeard Road. My opposition to this is the density. The one thing that I haven't been able to fathom is the effect on the infrastructure with sewer systems and such as that. Downstream of this, is Ocean Park and Baylake Pines, and during some major storms, we've had our sewer systems to the pump stations back up. I know they go along and make improvements in those at times; Item#D1 Thomas R. &Joan G. Eckert Page 17 however, we have seen those back up. We have seen the one on Blackbeard Road back up during the major storms, and flow into Lake Joyce. We're planning on adding so much more density with this, and I am also aware that the businesses along Shore Drive currently have to use an auger to get their sewer to pump sewage back up to the pump station near Greenwell Road. I don't think that has been looked at from the developer is standpoint, and what the increased density will cause. And I haven't seen anything as what is the incremental effect of the extra housing in the area on that infrastructure. Thank you. Jeff Hodgson: Thank you. Hold on one second Mr. Bryan. Does anyone have any questions? Thanks, you may be seated. Ronald Ripley:That is all the speakers that we have. Jeff Hodgson: Do you think Mr. Bourdon wants to have a rebuttal? Eddie Bourdon: Yes sir, I do. I do appreciate the folks that have come down this afternoon especially Mr. Boium, who has been very gracious in hosting quite a number of meetings over this. The changes that he has alluded to all have been changes from listening that my client has done in making improvements, in fact, reducing the density. Over time,this thing with the storage sheds came up when we reviewed the staff comments, and they expressed,for the first time that I'm aware of, that concern, and we wanted to address it immediately. Let me address a couple of things. There will be no public access to the lake,just like there is no public access to the lake in Baylake Pines, with this proposal. There will be a fence, if you could put the plan up Dr. White.There will be a fence for the open space,the park. It is all private, and that open space area on the plan, that will be fenced.This area here,this will be fenced, so,there is no access to the lake for the units that are not on the lake, and as I said before, the only access that we would envision happening would be for eight units. The same number of units that could be developed by-right, on the lake under the R-7.5 zoning, units that are only required under R-7.5, to be 10 feet apart versus 11. R-7.5, you have 5-foot side yard setbacks, one side. It is 5 and 10. My mistake. Five and ten feet are the setbacks in the R-7.5, so it will be 15-feet apart, not 10-feet apart.We only have eight units here. So with R-7.5,there will be eight units with potential boat docks. But in that case, they will all be fee-simple owners of the property down to the property line. There would be a much greater likelihood of trees being removed, as the residents of Baylake Pines are aware, that's occurred in many instances around the lake over the years. I am sure it has happened in Baylake Pines, as well, over the years. So, with having common ownership, these folks have more of a reason, as well as everybody else,to make sure that those trees are not removed. The density increase that they are speaking to is really for their benefits to minims the ability to maintain control over that lake front. I think is very important.The lack of public access is no different than in their community. The stormwater issue is a bit perplexing, only from the standpoint of knowing how this works. When Baylake Pines was developed,there were no stormwater regulations. Their water goes untreated into this lake, and I've waterskied in this lake with Kenny Norman, when I was a young person, and I grew up with a lot of folks who lived in Baylake Pines. The lake is a Item#D1 Thomas R. &Joan G. Eckert Page 18 wonderful asset, an absolutely wonderful asset. It is not, I guess anything can be dangerous, but what we are talking about here is no greater utilization of that lake then is occurring in Baylake Pines, and has for decades and decades. So, we certainly don't have any reason to contaminate the lake, and there would not be any. But the tens of thousands of dollars that it takes to engineer a storm drainage plan,you don't do that now. It is not required until you have your zoning in place. And certainly, if we develop by-right,then that will take place at that point, and there will no more public review of that, as there will be with this. With this,you've got the assurance that it is not going to be individually maintained, but maintained by 31 homeowners, and that is far better situation than having individual lots with BMPs as a part of that development. The structures are beautiful. The increase in density is de minimis for the benefits versus having houses out on Shore Drive. If you look at the zoning map, and I mentioned this before. You got a situation with nothing but commercial zoning, with this piece being the exception. The reason why it doesn't have commercial zoning is because it was developed for the school before we even had zoning. We didn't have any. Across the street, all of this B-2 zoning along here. It is all commercial. We avoid that here, with the exception of this one transitional, which again, perfect use for the property. The density along Shore Drive, both to the west, R-5, B-2,A-24, etc., and to the east is greater. There is no doubt that Baylake Pines is certainly andisland along the frontage of Shore Drive, and across the street, with the Bayville Farms property, and that has been honored tremendously. This is not the same situation. We are not adjacent to Baylake Pines. We have certainly been cognizant of the concerns, and that is why we have had all the meetings with the folks. But it is about the boats on the lake, and the folks on the lake. The density, the traffic issues are all really de minimis. Traffic issues we are improving dramatically. The argument here, and this is not on Shore Drive, this is in a residential area. Trying again to use good land use planning practice by doing what has been proposed here, but to come in here, next to a gas station, and put houses is not good land use planning. We all recognize that, and understand that. We're trying to make a good situation out of the redevelopment of this piece of property, and again, we've also got multi- family, as I mentioned before, adjacent to it. So, again, we attempted to use the PD-H zoning to provide benefits, and we think, we absolutely have provided benefits with this application. We're not going to expose the lake to the public any more than it is exposed in any other of the neighborhood around the lake. But I will be glad to answer any questions any of you may have. Jeff Hodgson: Are there any questions for Mr. Bourdon? Jack Wall: Can you answer the question about did they change the water quality standards, and is that grandfathered? Eddie Bourdon: When Baylake Pines was developed,there were none. Okay. All that is occurring here is that we have to comply with the standards that existed prior to the changes that went into effect on July 1st, which most everybody in Virginia Beach, which a lot of people applied to be covered under the previous standard, but those are still high standards. You still have to treat all the stormwater. It is not a question of being allowed to let your stormwater to go into Lake Joyce without treatment. The same is true for all the other developments that Item#D1 Thomas R. &Joan G. Eckert Page 19 have occurred over the course of the last 12 to 15 years in this area.They have to treat the stormwater. We have to treat the stormwater. That is 100 percent true. We are not treating the stormwater under the new regulations, because it is grandfathered under the old regulations, unlike the other development around the lake, which there is no treatment occurring at all. Ronald Ripley: So, are you treating the new pervious? Eddie Bourdon: All new impervious has to be treated. It is treated under the regulations that were in place prior to July of last year. But they are still, as you all well know, there are still treatment regulations that are strenuous.The current regulations, not to get into the weeds, really go towards to trying to require things like green roofs, and newer technologies. But the treatment is still extensive that has to be done.That's the only thing we're talking about. Again,there has been full dialogue and communication with Mr. Boium and with the members of the Board for Baylake Pines Civic League about all of this; so, this is not a question of somebody not knowing that we were treating stormwater. We are treating. We said we are not treating it under the new regulations that just went into effect. Ronald Ripley: One other follow-up question on traffic. Have you had any discussion with the City about modifying the medians so that you can actually get a pull-off. Eddie Bourdon: We're adding a turn lane. Ronald Ripley:You're adding a turn lane? Eddie Bourdon:To the median break. Yes. Ronald Ripley: Can you get that into the plan so we can see that? Bob Thornton: It is going westbound. Eddie Bourdon: It is going westbound. Bob Thornton:To make a u-turn. Eddie Bourdon: Which the folks at Leaping Lizard do. Bob Thornton: To make a u-turn to go east. Ronald Ripley: Okay. Good. Eddie Bourdon: Right here, we're adding a turn lane here. Item#D1 Thomas R. &Joan G. Eckert Page 20 Ronald Ripley: Right there. I missed that. I'm sorry. Eddie Bourdon: And the speed limit is 35 now. Obviously for many, many years for operating the school, when the speed limit was greater at 45 mph,there was a need during those peak hours, but there is still traffic to the school off peak. My son played soccer for John Hall at Baylake Pines, and we go there and practice, and they have soccer practices there all the time, at odd hours, after school, on weekends, etc. So, it wasn't just the school producing traffic here. And this will be, and again,the difference between the by-right if you put 28 homes on here, by—right, on the entire piece of property versus the incremental increase in traffic is truly de minimis. It may be slightly less than the 56 percent. Maybe it is a 60 percent decrease or something along those lines, but the traffic from this development spread out through the day versus the school, which is more concentrated in the a.m. peak and the p.m. peak, but the a.m. and p.m. peak is when all the traffic along Shore Drive is at its worst. So, it is going to be much better here, a.m. and p.m. peak,than what would be the case with the school, by a long, long shot. And that actually would change even more to our benefit, plus the road improvements. All the other uses around remain the same. And there are still higher traffic uses than this would be other than Baylake Pines. Jeff Hodgson: A quick question for you. Did you say the number of houses that are proposed to be along the lake are no greater density than what can be done by-right right now? Eddie Bourdon: Correct. That is what we did. We only proposed eight units have, which the condominium association would apply for at one time, eight units would have access to the lake. That is it. This unit and this unit have no access to the lake, and obviously the public space has no access to the lake, and the public space being for the association. So, we intentionally have not sought to increase any in number, the amount of docks on the lake. Now, I will certainly acknowledge that adding this piece of property to the property that is undeveloped for the most part,to the west. Again, I would again, suggest,this doesn't have any precedential value for that whatsoever, because it is not on Shore Drive. You don't have the apartments in B-2, the more intense utilization. There is certainly the potential that if and when that property is resubdivided, and I said it would probably be resubdivided, at some point, because it is a rather large undeveloped parcel as an R-7.5. This would certainly be used as part of some development to create a lot or two that would have access to the lake or potential access to the lake. So, I'm not trying to misrepresent, but all that we have asked for is the potential to seek eight boat docks. Again, the folks at Baylake Pines, and not everybody has a dock, but they have the access for boat docks, as well. And they also have the rest of the lake. Jeff Hodgson: Are there any other questions. Karen Kwasny: I have one. Jeff Hodgson:Yes, Karen. Item#D1 Thomas R. &Joan G. Eckert Page 21 Karen Kwasny: So,while I'm not, and Mr. Boium, says he gets nervous, and I still get nervous. Eddie Bourdon: I've seen you speak more than one time. You didn't seem nervous to me. Karen Kwasny: I still get nervous. So, Article 11,Section 1100 says, "it is not the intent to create additional PD-H1, PD-H2." There are some benefits to them; so, they allow for some uniformity of aesthetics in a development, but forgive me if I am wrong, isn't there also the option beyond the desire for a density of 4.73 units? Isn't there the option to do a R-7.5 in a PD-H2? Eddie Bourdon:That would be something, and I've done this for a long time, no one is going to do that. Then you're actually talking about going to much greater expense, which is what is involved here. You have to have the trade-off of the ability to pay for all those additional benefits,those additional costs that are incurred. And creating the open space areas,we've all seen it. No one has asserted at any point in time that if you develop by-right, it is going to be a low value community. But you will have lower values and stresses when you're putting houses next to a gas station, houses next to apartments, and we recognize that those would be the lesser value units on this application, and more houses next to a restaurant and its parking lot. So, trying to facilitate higher-end quality product with fewer stresses on the values of those properties, and again, I would suggest that the houses in Baylake Pines that were built when Shore Drive was a two-lane road,that front the road, are the least marketable and less valuable houses in Baylake Pines, no matter how well they are maintained, and they certainly are, I'm sure. But that is why we have learned over the decades, that is why with this type of a development as we've done numerous times to help the city, especially along Shore Drive and North Great Neck Road,to try to maximize the beauty of the road, and to maximize the value of the units by not having them on the road, and that is what this does. It creates open space vistas along the road so you don't have people fences lining the back of the roads like we have in a lot of parts of the city on a lot of roads. And that is what we're trying to, and there are values to that. But to do a R-7.5, you're going to get pretty much what is shown in that what I passed out today. And that is not a threat, but that is what you have to see to balance and ask are we getting benefits? Are we creating a quality sense of community versus a lot of individual lots owned by individuals? They own everything down to the property line, and you don't have the same amount of ability to control what goes on. And, Karen, you can talk to staff about that. We've dealt with that in lot of parts of the city where the city is in a better position, if you have ownership that is not individual, where my home is my castle. My lot is mine.That mentality exists, and that is where these types of developments, I think, are better for preserving the trees,the open space areas, and the environment. Jan Rucinski: I have a question. So, based on that, and what I am hearing from everybody that the density seems to be the number one, stormwater, maybe number two. The developer is not interested in doing this type of thing with less units, less than the 31 units? Eddie bourdon: This is the minimum amount of units, because that is what we've been doing Item#D1 Thomas R. &Joan G. Eckert Page 22 for the almost a year, well, it has probably been about seven months, what we've actually been doing is getting down to the bottom line of what number of units is feasible, what type of development this would be feasible under. Bob Thornton: What is the average size of these units? You told us about price. Eddie Bourdon: I think it 2,200 square feet of living area plus a two car garage is the minimum square footage. Jeff Hodgson: And that's a half a million to three quarters of a million? Eddie Bourdon: In this area? We see this up and down Shore Drive. Mr. Inman might want to comment because he represents a lot of these associations. When you have this type of high quality with required maintenance,the whole nine yards, you don't have the potential that your neighbor isn't going to maintain his or her or their property to the same standard. It is all maintained to the highest standard; so, you have that assurance of quality of environment that doesn't exist with fee-simple ownership. Now, that is not saying the condominiums are perfect in every scenario, but in the higher-end scenario, it tends to work quite well, and has worked historically quite well. Jeff Hodgson: Is there anyone else? Jan Rucinski: I have one more question. Jeff Hodgson: Okay. Jan Rucinski: Has anyone looked at the sewer pump station? The gentleman here earlier had indicated that there is sometimes with a problem? Eddie Bourdon: And I respect Mr. Bryan. Jack, is a very knowledgeable person. Again,the engineering on the project hasn't been done. Whether it has to be upgrades to the pump station, or not, or what has to be done,that is a site plan review issue. And the City is not going to allow the development to occur without those upgrades, if they are necessary, or without the additional capacity being created. But, that is simply not an issue. Jan Rucinski: So, it would be looked at? Eddie Bourdon: This is a land use part of the process, but that is something, and it may be that there is an expense that has to be borne, and in many cases, unfortunately, the last one in has to bear a greater portion of the expense. But, we can't speak to that, because we're not aware of what would be required. Again, you don't even do all those complex calculations until you know the number of unit, and what actually you're going to be building there. It is tens of thousands of dollars to analyze those things, both the stormwater and the sewer, but it is not Item#D1 Thomas R. &Joan G. Eckert Page 23 an invalid concern, but it is not what this process is to take place or to deal with is what I would say. Jan Rucinski:Thank you. Jeff Hodgson: Is there anyone else? Eddie Bourdon:Thanks. Jeff Hodgson: We will now close it and open it up for discussion. Would anyone like to open up? Mike Inman: Okay, I'll start. Jeff Hodgson: Alright, Mr. Inman. Mike Inman: Well, I only want to focus first on what Mr. Bourdon was talking about as fa as let's think about along Shore Drive. What as planners do we want to see along Shore Drive? Do we want to see houses right up against Shore Drive? I don't think so. So,what do you do about that? You do that. (Pointing to screen)You push the housing back, and low and behold, and for most of the frontage, other than the office building, you've got green space. And, that is a plus. So, now that you've done that, do you allow greater density behind it? I think,from an economic standpoint, if you're going to have these other amenities, that I will talk about in a minute, you've got to allow for a greater density. The staff has worked hard on this., I'm sure. It has been a number of months. They have had a number of meetings with the homeowners, and I'm guessing to some extent they satisfied them on density. I think, I am understanding, that the density has decreased as the meetings have gone on, as to what was originally proposed. I don't know that, but maybe that can be verified. So, what do we get as citizens, and they get, as citizens, in exchange for allowing greater density? Well, I do want to confirm, I think, a HOA or a condo association, in this situation, will lead to better maintenance, and better maintenance of standards in an architectural amenities being maintained properly, and open space being maintained. We're getting Design Guidelines, which are proffered, as part of this package, as far as how the site will be developed. We're getting conceptual elevations of what the product that is going to be built is going to look like. That is a plus. If it is by-right, then there is no Design Guidelines whatsoever in terms of architectural style. It would be anything goes, as long as it is not too many, and it abides by the setbacks, then you can build it. You've got two car garages and at least one car garage. You've got a proffer of fiber cement siding, 30-year architectural shingles. You've got a maximum fence heights in here. He's got fence setbacks; so, not being able to have fencing anywhere and everywhere as fee-simple owner might decide to want it. You've got, of course, the open space. There is a requirement that there be a tree preservation report from a licensed certified arborist detailing measures that will be used to implement that during site development and construction to preserve those trees designated to be preserved on the site plan. No less than 72 trees and so forth. It is Item#D1 Thomas R.&Joan G. Eckert Page 24 very detailed requirements in here about tree canopies, at least 36 required tree canopies will be a medium canopy tree or larger. These are all good things for us, and for any neighbors. So, it just seems to me that a lot of effort has been put in by the staff, by the applicant, by the neighbors to come together to put this together, and again,the lake front impact is, I say, an even deal, as far as no more lake access houses that would have been allowed a development by-right. Jeff Hodgson: Thanks Mike. Is there anybody else? Mr. Ripley. Ronald Ripley: I got a question of the staff, and that is, in the PD-H2, isn't there an acreage that we like to see? Isn't it normally 5-acres? Is that the number on a PD-H2? And, all the PD-H2 applications that we have been seeing for quite a while, at least the last several or so, have been smaller lots, and we've manage to approve those, has been shoehorning in some cases, site plans into smaller sites, and trying to create open space that were in some cases, questionable whether it was meaningful or not. And, I think it is kind of, and when this application came forth, residential on the site, you have to think about it a little bit, but on the other hand,the PD-H2 does, the intent of that was to cluster housing to actually provide a little more density so you could do some of these common area amenities, such as the open space that we're talking about here. And the idea of not having, and my first concern was, my first question, when I was told about this is, are there any houses backing up to Shore Drive? I've got a pet peeve about that. I want quality. I want the public to see good quality when they go by, and none of them do. They face, and they are actually set back with an open space buffer. So PD-H2 is maybe a foreign animal to the neighborhood, but it is a zoning ordinance that is being used throughout the city, and the intent is and what I said, to cluster, to provide open space that is more meaningful, and this one seems to do that, in the area of the lake, and the area of what you see from the road. When I hear the prices are going to be half a million to three quarters of a million, and tells me the values are going to be up there; so, I worry about that too, as far as rezonings. How does the neighborhood feel about value? It sounds like the developer is trying to not diminish that but to enhance that, if he can, although I, we have homes worth more than that back in the neighborhood. So,the drainage was something that Ross, again Ross Brockwell, and I can't speak for him, but we did communicate because he felt bad he couldn't make it here because he was ill. We talked about these things, and it seemed like it was a use that probably acceptable to him, although. I'm inclined to support it. Jeff Hodgson: Is there anyone else? David Weiner: Hey Jeff? Jeff Hodgson: Yes Dave. David Weiner: I feel like the applicant is showing very good judgment by coming here today in front of us to change this from 28 lots to the 31. By-right, he could just build at least 28 lots, and not even be here right now. We wouldn't know what they would be or what they would Item#D1 Thomas R. &Joan G. Eckert Page 25 look like. So, I think he shows pretty good judgment on that. Again, the stormwater, I think once it gets going down the road,the City does a very good job of putting that together. That to me is not really going to be an issue. Houses, as Mike said, are set back off of Shore Drive. They have plenty of vegetation on Shore Drive where they are going to be hidden a little bit. So, I'm inclined to vote for this also. Jeff Hodgson: Is there anyone else? Jack Wall: I just have one concern, and it is with the stormwater. I'm not really sure how to point out with the change in regulations, well, not the change in regulations, but the change from the new regulations to the old regulations for the stormwater quality control. It is a slight concern, and there is still going to be water quality controls, stormwater controls on site but it is something to, and it seems kind of a minor concern,that the density could be increased under the old regulations. So, my point is that outside variance, which seems like it could be difficult to achieve, kind of in order to gain a greater density under the old regulations as opposed to the new regulations. Jeff Hodgson: Is there anyone else? I would like to say this real quick. One of the biggest design features that I like about this, and I want to repeat what Ron and Mike said, was the fact that there are no houses on Shore Drive.That you're going to have a green buffer there, and I also like the fact that, I think, it is a step down from going from the service station, like Mr. Bourdon mentioned, to the medical facility instead of having someone's backyard back right up to the station. I think it is kind of scaling it down, as you come away from the service station. So,the fact that you have the green space up front, no backyard, or even front yards, I guess, on Shore Drive, and the fact that you're not, I know it's the parcel, but we're not talking about that right now,you're limiting the waterfront houses to eight, and not trying to cram 10 or 12. I'm hoping that from across the lake, when the neighbors look across there,they are not going to see any more houses along the lake. I hope the rest of the houses are set back and will be kind of hidden behind the trees, and it won't change the landscape of that lake terribly bad. So, with that, will support this application. Anymore comments or would anyone like to make a motion? Mr. Ripley? Ronald Ripley: I'll make a motion to approve. David Weiner: I'll second it. Jeff Hodgson: A motion made by Ron Ripley and seconded by Commissioner David Weiner. Mr. Weeden, we are ready to vote. AYE 7 NAY 2 ABS 2 ABSENT 2 BROCKWELL ABSENT HODGSON AYE Item#D1 Thomas R. &Joan G. Eckert Page 26 INMAN AYE KWASNY NAY OLIVER NAY RIPLEY AYE RUSSO ABSENT RUCINSKI AYE THORNTO AYE WALL AYE WEINER AYE Ed Weeden: By a vote of 7-2,the Commission has approved the applications of Thomas R. Joan G. Eckert. Eddie Bourdon: Thank you all very much. Jeff Hodgson:Thank you. Is there any further business today? If there is none, I would like to thank my fellow Commissioners and everyone for attending todays' hearing, and the staff for all of their hard work. The meeting is adjourned. 4G1�IA•BEAD 4 .=.a�p l'r Yn. \-«-i \ '...,-,_ CITY OF VIRGINIA BEACH �'` INTER—OFFICE CORRESPONDENCE i r.'- Ne i nc q'2 T .11 I.yF.Y Y 'FS %;Em-.Q.: CjS OF OUR RR-00 In Reply Refer To Our File No. DF-9190 DATE: May 22, 2015 TO: Mark D. Stiles -., DEPT: City Attorney FROM: B. Kay Wilson DEPT: City Attorney RE: Conditional Rezoning Applications; Thomas and Joan Eckert The above-referenced conditional rezoning application is scheduled to be heard by the City Council on June 2, 2015. I have reviewed the subject proffer agreement, dated April 14, 2015 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. B KW/ks Enclosure cc: Kathleen Hassen BISHARD HOMES, LLC, a Virginia limited liability company THOMAS R. ECKERT and JOAN G. ECKERT, husband and wife TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 14th day of April, 2015, by and between BISHARD HOMES, LLC, a Virginia limited liability company, party of the first part, Grantor; THOMAS R. ECKERT and JOAN G. ECKERT, husband and wife, parties of the second part, Grantors; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, party of the third part, Grantee. WITNESSETH: WHEREAS, the parties of the second part are the owners of that certain piece of property containing approximately 6.512 acres located in the Bayside District of the City of Virginia Beach, Virginia, which is described in Exhibit "A" attached hereto and incorporated herein by this reference which is hereinafter referred to as the "Property"; and WHEREAS, the party of the first part, as contract purchaser of the Property, has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from R-7.5 Residential District to Conditional PDH-2 District with an underlying R-5I) 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 Grantors acknowledge that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantors' rezoning application gives rise; and PREPARED BY: GPIN: 1479-77-4911-0000 (Part of) all S YES. ROURPON, 'rye1IE12N&LON.P.C. Prepared By: R.Edward Bourdon,Jr.,Esquire VSB#22160 Sykes,Bourdon,Ahern&Levy,P.C. 281 Independence Blvd. Pembroke One,Fifth Floor Virginia Beach,Virginia 23462 WHEREAS, the Grantors have 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, in addition to the regulations provided for the PDH-2 Zoning District and the R-5D Zoning District by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which conditions have a reasonable relation to the rezoning and the need for which are generated by the rezoning. NOW, THEREFORE, the Grantors, their 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 Grantors, their successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. When the Property is developed, it shall be as a single family residential condominium containing no more than thirty (30) units, no less than fifteen percent (15%) Open Space "[exclusive of any stormwater management areas]", with features and landscaping in substantial conformity with the exhibits titled "Bayville at Lake Joyce Conceptual Master Plan, Virginia Beach, Virginia", dated November 1, 2014, and "BAYVILLE AT LAKE JOYCE DESIGN GUIDELINES", dated October 23, 2014, prepared by Land Planning Solutions (the "Concept Plans") copies of which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. 2. When the Property is developed, the residential structures shown on the Concept Plan shall be developed substantially in accordance with the architectural designs shown on the seven (7) elevations designated "BAYVILLE AT LAKE JOYCE PREPARED BY: au SIMS. POURDON CONCEPTUAL ELEVATIONS": (i) "FRONT LOAD A"; (ii) "FRONT LOAD B"; (iii) • HtRN BE LEVYP.C. "FRONT LOAD C"; (iv) "REAR LOAD A"; (v) "REAR LOAD B"; (vi) "REAR LOAD C"; and (vii) "SIDE LOAD A", prepared by Land Planning Solutions (the "Elevations"), copies of 2 which have been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 3. When the Property is developed, the residential structures will contain a minimum of 2200 square feet of living area (excluding garage) and a one or two car garage. The exterior building materials to be utilized as depicted on the Elevations will be fiber cement siding and thirty (30)year architectural shingles. 4. When the Property is developed, the Grantors shall record a Declaration submitting the Property to the Condominium Act of the Commonwealth of Virginia. The Condominium Unit Owners' Association shall be responsible for maintaining all open spaces, common areas, landscaping and other improvements on the Property as depicted on the Conceptual Plan. 5. The dimensional requirements applicable to the development shall be as follows: • Minimum setback for an enclosed building from Shore Drive 70 feet • Minimum side yard setbacks from adjacent Properties (east and west) 15 feet • Minimum distance from any portion of a dwelling (i.e. porches) to back of curb 5 feet • Minimum distance from side of dwelling to back of curb on interior street 5 feet • Minimum distance between residential buildings side to side ii feet • Maximum building height 35 feet • Maximum fence heights (i) Exterior side boundary lines 8 feet (ii) Interior unit/yard 4 feet • Fences in side yards between residential buildings must be setback from the front facade of the enclosed residential structure (i.e. excludes covered porch and front of garage) a minimum of 5 feet PREPARED BY: • Maximum area of rear yard patio/deck at ground level an SY1 hs. POI?RI?ON, and maximum area of accessory structures 120 sq. feet A.IERN&LEVY.P.C. [Note: any accessory structure must have an exterior facade of the same material, color and architectural design as the Unit.] 3 • Maximum height of an accessory structure (storage shed) measured to peak of roof 13 feet • No swimming pools (inground or above ground) permitted. • No accessory structure (storage shed) shall be permitted with Units #8, 10, 11, 12, 13, 14, 16, 21, 22, 23, 24, 25, 26, 27, 28, and 29. 6. When the Property is developed, the street frontage or front facade of every dwelling and the side facade of each dwelling adjacent to a sidewalk, a street or an alley shall have a row of landscaping along the sidewalk, street or alley or foundation landscaping along the entire length of the facade, with the exception of those areas improved for pedestrian and vehicular ingress and egress. 7. The areas depicted on the Concept Plans which will not be occupied by residential dwellings, fenced rear yards (limited common elements), drive aisles, guest parking and driveways are "Open Spaces" which shall be utilized as such. All Open Spaces shall be used for passive and active outdoor recreation. No structures shall be permitted in any Open Space areas without the approval of the Grantee's Zoning Administrator. Open Space areas shall be maintained by the Condominium Association consistent with the intent and regulations set forth in Article 3 of the Zoning Ordinance ("Preservation District"). 8. When the Property is developed, the "Water Front Park" area as depicted on the Concept Plans will always be enclosed with a perimeter fence of four feet (4') in height on every side, except the side adjacent to the street. 9. The Grantor shall provide, with Site Plan submittal, a tree preservation report from a licensed/certified arborist detailing the measures that will be implemented during site development and construction to preserve those trees designated to be preserved on the Site Plan. io. When the Property is developed, the Grantor shall provide that no less than seventy-two (72) trees will be located on site through a combination of preservation and planting. At least thirty-six (36) of the required trees shall be a medium canopy tree or PREPARED BY larger. All trees depicted on the final site plan approved by Grantee (preserved and new 31:1 SyKES.BOURD)ON, plantings) shall be preserved and maintained by the Condominium Association. Any tree �1I AIII:RN&!IVY.P.C. which must be removed due to disease, damage or destruction shall be promptly replaced with a tree of similar species and canopy size at maturity. 4 ii. As a condition of Site Plan approval, when the Property is being developed Grantors shall erect and maintain a temporary chain length fence adjacent to the li Property's boundary line with the Grantee's property adjacent to Lake Joyce to protect and preserve the vegetation on the Grantee's property and restrict access to Lake Joyce. The Grantors shall include in the Condominium Declaration and Bylaws a "Notice Provision" advising all purchasers that the Grantee, owns the vegetated land along the shoreline of Lake Joyce, to be designated and described as the "Adjacent Tree Save Area". Said Notice Provision shall advise that access to this area is restricted to any boat dock access path approved and permitted by Grantee. The Notice shall further advise that clearing, cutting or removing any trees from this area, by any persons, other than those acting with written authorization from of the Grantee, is strictly prohibited. Nothing contained herein shall be construed to prohibit the owner of a unit adjacent to the Tree Save Area from applying for and obtaining advance written approval from the Grantee to have a licensed arborist (i) remove a diseased or damaged tree; (ii) remove specific limbs from a designated tree or trees within the Tree Save Area. 12. When the Property is developed, the Grantor shall submit a permit application to Grantee for no more than eight (8) individual boat docks appurtenant to units numbered 7, 8, 9, 10, 11, 14, 15 and 16 as depicted on the Concept Plans. Boat docks and access piers shall not extend more than twelve feet (12') into Lake Joyce, measured from the edge of water at the time of construction. Boat docks shall not exceed one hundred twenty (120) square feet in area. The only encroachments permitted across the Grantee's land to access a permitted boat dock shall be a path, no greater than four feet (4') in width, providing direct access without removing any tree greater than one and one- half inches (1.5") in caliper. Other than safety lighting, not exceeding 100 watts, at the corners of the dock which shall not be more than six inches (6") higher than the deck of the dock, no attached lighting shall be permitted on the docks. 13. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. The above conditions, having been proffered by the Grantors and allowed and PREPARED BYaiLl : SUES,DOLTDON, accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue WM`}ERN&LEVY, P.C. 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 5 1 part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit. Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantors further covenant and agree that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions 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 Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia, and indexed PREPARED BY: 313 SYKI:S POURDON in the names of the Grantors and the Grantee. NI AII£RN&LEVY.P.C. 6 WITNESS the following signature and seal: Grantor: Bishard Homes, LLC, a Virginia limited liability company BY &1 /1Ld/ (SEAL) Steven Bishard, Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this 22nd day of April, 2015, by Steven Bishard, Bishard Homes, LLC, a Virginia limited liability company, Grantor. 741 j i4 I/1) IlA Notary Pu lie My Commission Expires: August 31, 2018 .•• sik.H Notary Registration Number: 192628 kEkbi.:80.70 Iffi PREPARED BY: 9.13 SY CES,BOURD)N, 51!AIIWRN&LEVY,P.C. 7 1 WITNESS the following signatures and seals: Grantors: •)1 � �' (SEAL) Thomas R. Eckert /6' \._ ,fA'7A } (SEAL) Joan G. Eckert STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this 22nd day of April, 2015, by Thomas R. Eckert and Joan G. Eckert, husband and wife, Grantors. Notary Put li4-e c v . My Commission Expires: August 31, 2018 tk• M `r Notary Registration Number: 192628 • 1 Sten cailL 4.• c:oprof ,7 PREPARED BY: 1, BYTES,RO RDON, Nal AIIERN&LPN,P.C. 8 • EXHIBIT "A" PART OF THAT certain lot, piece or parcel of land, with the buildings and improvements thereon as shown on that certain plat entitled "Physical Survey of 7.808 Acre Site on Shore Drive near Beechwood Station of Norfolk Southern Railroad, shown on Plats Entitled Survey Made for A. W. Shriver on Shore Drive, Survey Made for J. K. Bohannon on Shore Drive, Bayside Borough, Virginia Beach, Virginia, for Lake Joyce School Lands, Incorporated", dated May 20, 1974, and made by Wilfred P. Large, Certified Land Surveyor, Norfolk, Virginia, and duly recorded in the Clerk's Office of the Circuit Court,Virginia Beach,Virginia, in Map Book 104, at Page 36. Beginning at a point on the northern right-of-way line of Shore Drive, a variable width public right-of-way; thence N 15° 13' 58" W for a distance of 175.00 to a point on a line being the point of beginning; thence N 15° 13' 58" W for a distance of 549.19 feet to a point on a line; thence 16° 38'43" E for a distance of 104.64 feet to a point on a line; thence S 9° 57'54" E for a distance of 89.24 feet to a point on a line; thence S 61° 27' 54" E for a distance of 91.00 feet to a point on a line; thence N 56° 17' 06" E for a distance of 142.20 feet to a point on a line; thence S 3° 32' 06"W for a distance of 140.00 feet to a point on a line; thence S 43° 57' 54" E for a distance of 118.00 feet to a point on a line; thence N 77° 09' 10" E for a distance of 42.42 feet to a point on a line; thence N 24° 15' 23" E for a distance of 203.94 feet to a point on a line; thence N 67° 29' 53" E for a distance of 22.53 feet to a point on a line; thence S 45° 41' 45" E for a distance of 94.01 feet to a point on a line; thence S 60° 46' 50" E for a distance of 25.69 feet to appoint on a line; thence S 15° 15' 40" E for a distance of 514.64 feet to a point on a line; thence S 74° 45' 17"W for a distance of 321.61 feet to a point on a line; thence N 15° 14' 43" W for a distance of 108.28 feet to a point on a line; thence N 67° 43' 40" W for a distance of 109.55 feet to a point on a line; thence S 74° 45' 17"W for a distance of 111.47 feet to the point of beginning. Said parcel contains plus or minus 6.55 acres. GPIN: 1479-77-4911-0000 (Part of) H:\AM\Conditional Rezoning\Bishard Homes\4444 Shore Drive_Upper School\Proffer PDH-2_clean 4-14-15.doc PREPARED BY: 1.13 SYkS,POURDON, 510 A11{RN&Lam.P.C. 9 G\r11A•BE4 .:::,!-::_-..., i1, , -;#0,:;, ,,: ,,,,,e Ai „ CITY OF VIRGINIA BEACH * ._ 4 INTER—OFFICE CORRESPONDENCE O 6♦ '''''''''P FS Ocra\O S 0 N SUR NPt In Reply Refer To Our File No. DF-9190 DATE: May 22, 2015 TO: Mark D. Stiles DEPT: City Attorney FROM: B. Kay Wilson DEPT: City Attorney RE: Conditional Rezoning Applications; Thomas and Joan Eckert The above-referenced conditional rezoning application is scheduled to be heard by the City Council on June 2, 2015. I have reviewed the subject proffer agreement, dated April 14, 2015 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/ks Enclosure cc: Kathleen Hassen BISHARD HOMES, LLC, a Virginia limited liability company THOMAS R. ECKERT and JOAN G. ECKERT, husband and wife TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 14th day of April, 2015, by and between BISHARD HOMES, LLC, a Virginia limited liability company, party of the first part, Grantor; THOMAS R. ECKERT and JOAN G. ECKERT, husband and wife, parties of the second part, Grantors; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, party of the third part, Grantee. WITNESSETH: WHEREAS, the parties of the second part are the owners of that certain piece of property containing approximately .781 acres located in the Bayside District of the City of Virginia Beach, Virginia, which is described in Exhibit "A" attached hereto and. incorporated herein by this reference which is hereinafter referred to as the "Property"; and WHEREAS, the party of the first part, as contract purchaser of the Property, has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, by petition addressed to the Grantee so as to change the Zoning Classification of the Property from R-7.5 Residential District to Conditional B-1A Limited Commercial 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 Grantors acknowledge that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit Il differing types of uses on and in the area of the Property and at the same time to recognize GPIN: 1479-77-4911-0000 (Part of) PREPARED BY: 313 SYIC S.ROURDON. AHERN&LEVY.P.C. Prepared By: R. Edward Bourdon,Jr., Esquire VSB#221.60 Sykes,Bourdon,Ahern&Levy,P.C. 281.Independence Blvd. Pembroke One,Fifth Floor Virginia Beach,Virginia 23462 the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which the Grantors' rezoning application gives rise; and WHEREAS, the Grantors have 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, in addition to the regulations provided for the B-1A Limited Commercial District by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which conditions have a reasonable relation to the rezoning and the need for which are generated by the rezoning. NOW, THEREFORE, the Grantors, their 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 Grantors, their successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. When the Property is developed, it shall be as a commercial office building with associated parking, landscaping and signage as depicted on the exhibit titled "Bayville at Lake Joyce Conceptual Master Plan, Virginia Beach, Virginia", dated November 1, 2014, prepared by Land Planning Solutions (the "Concept Plan") a copy of which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 2. When the Property is developed, the structure shown on the Concept Plan shall be developed utilizing the building design, architectural features and building PREPARED BY: 113 SYICES, POURDON materials in substantial accordance with the rendering designated "Bishard Homes NIA AIIEtN'aLEVY,PCCommercial Building", dated October 10, 2014, and the elevations designated "Proposed i Story Brick and Frame Commercial Building Prepared for: Bishard Homes", Sheets Al and 2 A2, dated 10/30/2014, prepared by J. Bengston, (together referred to as the "Elevations"), copies of which have been exhibited to the Virginia Beach City Council and are on file with the Virginia Beach Department of Planning. 3. When the Property is developed, the southern and eastern building facades shall have foundation landscaping of the entire length of these facades, with the exception of those areas improved for pedestrian access to the building. 4. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. The above conditions, having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The Grantors further covenant and agree that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such PREPARED BY: �.: SUES,l$DURDON. conditions be remedied; and (b) to bring legal action or suit to insure compliance with NM AHERN&ftp•P.C. such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; 3 (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 Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach,Virginia, and indexed in the names of the Grantors and the Grantee. PREPARED BY: 1 :iWi SYKLS.BOURDO)N, S�A11[RN BE LEVY.P.C. 4 WITNESS the following signature and seal: Grantor: Bishard Homes, LLC, a Virginia limited liability company BY ''—&ia, 601 (SEAL) Steven Bishard, Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this 22nd day of April, 2015, by Steven Bishard, Bishard Homes, LLC, a Virginia limited liability company, Grantor. Afi MA TrIt: 44 Notary Public My Commission Expires: August 31, 2018 per, Notary Registration Number: 192628 , . •�,•.• . •(11•' L •,, fC PREPARED BY: SU SYKES,POUPDON, NM A.TERN&Lam,P.C. 5 II WITNESS the following signatures and seals: Grantors: '1 �`� (SEAL) Thomas R. Eckert -, � C� . 'Y I) 4 (SEAL) J e fin G. Eckert ,1 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this 22nd day of April, 2015, by Thomas R. Eckert and Joan G. Eckert, husband and wife, Grantors. y<int,I / ie -,„77)(y' 1,1-,--r (7 i, No ary Public My Commission Expires: August 31, 2018 Notary Registration Number: 192628 Q►'�� a 2i .c 1 " 16)4(11181 PREPARED BY: 113 SYIC1S.BOURDON, NI AIIWRN 1 L.I:VY,P.C. I I 6 • EXHIBIT "A" PART OF THAT certain lot, piece or parcel of land, with the buildings and improvements thereon as shown on that certain plat entitled "Physical Survey of 7.808 Acre Site on Shore Drive near Beechwood Station of Norfolk Southern Railroad, shown on Plats Entitled Survey Made for A. W. Shriver on Shore Drive, Survey Made for J. K. Bohannon on Shore Drive, Bayside Borough, Virginia Beach, Virginia, for Lake Joyce School Lands, Incorporated", dated May 20, 1974, and made by Wilfred P. Large, Certified Land Surveyor, Norfolk, Virginia, and duly recorded in the Clerk's Office of the Circuit Court,Virginia Beach,Virginia, in Map Book 104, at Page 36. Beginning at a point on the northern right-of-way line of Shore Drive, a variable width public right-of-way thence; N 15° 13' 58" W for a distance of 175.00 to a point; thence, N 74° 45' 17" E for a distance of r11.47 feet to a point on a line; thence, S 67° 43' 40" E for a distance of 109.55 feet to a point on a line; thence S 15° 14'43" E for a distance of 108.28 feet to a point; thence 5 74° 45' 17" for a distance of 198.40 feet the point of beginning. Said parcel contains 31,819 square feet or 0.730 acres. GPIN: 1479-77-4911-0000 (Part of) H:\AM\Conditional Rezoning\Bishard Homes\4444 Shore Drive_Upper School\Proffer B-1A_clean 4-14-15.doc PREPARED BY: SYTC S. DOURDON, 1I A ERN&LEVY,P.C. 7 I �[ 40-A--0€47„ > CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance to Amend Sections 4.3, 4.9, 5.1, and 6.1 of the Floodplain Ordinance Pertaining to Elevation and Construction Requirements, Water Loading, Manufactured Housing, Existing Structures in the Floodplain and Administrative Variances MEETING DATE: June 2, 2015 • Background: The City adopted a major update to its floodplain ordinance in 2013, as well as an update adopting new FIRM maps in October 2014. Since that time, a new zoning category for recreational resort communities was adopted. Through implementation of these items, there is a need to clarify language and requirements in the Floodplain Ordinance. • Considerations: The proposed amendments update the requirements for manufactured homes to reflect the new zoning category for recreational resort communities. They clarify requirements for VE Zone construction, including water loading values, and for freeboard requirements for modifications to existing construction. They also remove an administrative variance for garage elevations to eliminate a conflict with other sections of the Floodplain Ordinance. • Public Information: Public information will be provided through the normal Council agenda process. • Recommendations: Approve the Ordinance. • Attachments: Ordinance. Recommended Action: Approval I Submitting De•artment/Agency: Planning Department 1\\\1,1 City Manager: kt 1 AN ORDINANCE TO AMEND SECTIONS 2 4.3, 4.9, 5.1 AND 6.1 OF THE FLOODPLAIN 3 ORDINANCE PERTAINING TO ELEVATION 4 AND CONSTRUCTION REQUIREMENTS, 5 WATER LOADING, MANUFACTURED 6 HOUSING, EXISTING STRUCTURES IN THE 7 FLOODPLAIN AND ADMINISTRATIVE 8 VARIANCES 9 10 Sections Amended: Floodplain Ordinance §§ 4.3, 4.9, 11 5.1 and 6.1 12 13 WHEREAS, the public necessity, convenience, general welfare and good zoning 14 practice so require; 15 16 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 17 BEACH, VIRGINIA: 18 19 That Sections 4.3, 4.9, 5.1 and 6.1 of the Floodplain Ordinance is hereby 20 amended and reordained to read as follows: 21 22 ARTICLE I. - GENERAL PROVISIONS 23 24 . . . . 25 26 ' ARTICLE IV. FLOODPLAIN DISTRICT PROVISIONS 27 28 . . . . 29 30 Sec. 4.3. Elevation and construction requirements. 31 32 In all SFHAs where base flood elevations have been provided in the FIS or 33 generated by a licensed professional in accordance with section 4.6 of this ordinance, 34 the following provisions shall apply: 35 36 . . . . 37 38 C. Space below the lowest floor requirements. 39 40 In zones A, AE, AH, and AO, fully enclosed areas of new construction or 41 substantially improved existing structures that are below the regulatory flood protection 42 elevation shall: 43 44 1. Not be designed or used for human habitation, but shall only be used for 45 parking of vehicles, building access, or limited storage of maintenance 46 equipment used in connection with the premises. Access to the enclosed 47 area shall be the minimum necessary to allow for parking of vehicles 48 (garage door), limited storage of maintenance equipment (standard 49 exterior door), or entry to the living area (stairway or elevator). 50 51 2. Be constructed entirely of flood resistant materials below the regulatory 52 flood protection elevation. 53 . . . . 54 55 D. Manufactured homes and recreational vehicle requirements. 56 57 1. All manufactured homes placed, or substantially improved, on individual 58 lots or parcels or in an existing manufactured home park or in a 59 Recreational Resort Community must meet all the requirements for new 60 construction, including the elevation and anchoring requirements in article 61 4, section 4.2, and section 4.3 of this ordinance. 62 63 . . . . 64 65 COMMENT 66 67 The amendment clarifies current practices related to manufactured homes and adds those 68 located in the recently adopted Recreational Resort Community. 69 70 Sec. 4.9. V and VE Zone requirements. 71 72 The following provisions shall apply within V and VE Zones: 73 74 . . . . 75 76 E. A professional engineer or architect licensed by the Commonwealth of Virginia 77 shall develop and seal the structural design, specifications and plans for 78 construction, and shall certify that the design and methods of construction to be 79 used meet the following requirements: 80 81 1. All new construction and substantial improvements shall have the space 82 below the lowest floor either free of obstruction or constructed with non- 83 supporting breakaway walls, open wood-lattice work, or insect screening 84 intended to collapse under wind and water loads without causing collapse, 85 displacement, or other structural damage to the elevated portion of the 86 building or supporting foundation system. 2 87 2. e - - _ _ __ - _ - . •_ - _ _ _ - - . Breakaway walls shall have 88 a design safe loading resistance of not less than ten (10) and no more 89 than twenty (20) pounds per square foot. 90 3. The Use use of breakaway walls that exceed a design safe loading 91 resistance of twenty (20) pounds per square foot may be permitted only if 92 a professional engineer or architect licensed by the Commonwealth of 93 Virginia certifies that the designs proposed meet the following conditions: 94 1,a. Breakaway wall collapse shall result from water load less than that 95 which would occur during the base flood; and 96 97 2.b. The elevated portion of the building and supporting foundation 98 system shall not be subject to collapse, displacement, or other 99 structural damage due to the effects of wind and water loads acting 100 simultaneously on all building components (structural and 101 nonstructural). . _ _ _ _ - ___ _ . _ _ e- _ _ 102 - - - - •• - - - - - - - - - - - - - 103 being equaled or exceeded in any given year. Water loading values 104 shall be those associated with the base flood elevation on the 105 FIRMs. Wind loading values shall be those required by the Virginia 106 Uniform Statewide Building Code (VA USBC). 107 108 F. The enclosed space below the lowest floor shall be used solely for parking of 109 vehicles, building access, or storage. Such space shall not be partitioned into 110 multiple rooms, temperature-controlled, or used for human habitation. 111 112 G. The use of fill for structural support of buildings is prohibited. When non- 113 structural fill is proposed in a coastal high hazard area, appropriate engineering 114 analyses shall be conducted to evaluate the impacts of the fill prior to issuance 115 of a development permit. 116 117 H. Existing nonconforming uses and structures located below the level of the base 118 flood elevation, as shown in the FIS and accompanying FIRMs, shall not be 119 expanded. 120 121 I. The man-made alteration of sand dunes, which would increase potential flood 122 damage, is prohibited. 123 124 J. Manufactured homes are prohibited. 125 126 . . . . 127 128 COMMENT 129 130 The amendment clarifies requirements for structures built in a VE zone. 3 131 132 ARTICLE V. EXISTING STRUCTURES IN FLOODPLAIN AREAS 133 134 Sec. 5.1. Existing structures. 135 136 A structure or use of a structure or premises that lawfully existed prior to the 137 adoption of this ordinance, but which is not in conformity with this ordinance, may be 138 continued subject to the following conditions: 139 140 A. Any existing structures in the floodway area shall not be expanded or enlarged 141 unless it has been demonstrated through hydrologic and hydraulic analyses 142 performed in accordance with standard engineering practices that the proposed 143 expansion or enlargement would not result in any increase in the base flood 144 elevation. 145 146 B. Any modification, alteration, repair, reconstruction, or improvement of any kind 147 to a structure and/or use located in any floodplain areas to an extent or amount 148 of less than fifty (50) percent of its market value shall conform to the VA USBC 149 and meet the freeboard height in effect at the start of construction for the 150 original structure. 151 152 C. Any modification, alteration, repair, reconstruction, or improvement of any kind 153 to a structure and/or use, in a floodplain area to an extent or amount of fifty (50) 154 percent or more of its market value shall be undertaken only in full compliance 155 with this ordinance and shall require the entire structure to conform to the VA 156 USBC. 157 158 COMMENT 159 160 The amendment reflects current practices that require home improvements to be elevated 161 at least to the height of the existing structure. 162 163 ARTICLE VI. VARIANCES AND APPEALS 164 165 Sec. 6.1. Administrative variances. 166 167 The floodplain administrator shall approve or deny an application requesting an 168 administrative variance after receipt of a complete application. Administrative variances 169 may only be granted for the following uses, development, or redevelopment: 170 171 A. A residential attached garage or detached garages constructed at the elevation 172 corresponding to the base flood elevation may be flood proofed according to the 173 requirements outlined in section 4.3 B. of this ordinance in lieu of the elevation 174 requirements. 175 176 RA.As defined in section 4.10, floodplains subject to special restrictions, for filling 177 only. 4 178 179 GB.Any structure or use sustaining damage not caused by flood to an extent or 180 amount of fifty (50) percent or more of its market value to allow the structure to 181 be rebuilt to the freeboard height in effect at the start of construction for the 182 original structure. If the structure is a pre-FIRM structure, full compliance with 183 the current VAUSBC freeboard above the base flood elevation is required. 184 Structures that are utilizing an approved land management plan for their on-site 185 waste disposal may be allowed to continue the use of the land management 186 plan as long as it is approved by the city and the health department, even for 187 damage or destruction resulting from flood. 188 189 COMMENT 190 191 The amendment clarifies and makes this section consistent with Sections 4.3.0 and 4.10.B.2. 192 Adopted by the Council of the City of Virginia Beach, Virginia, on the day of , 2015. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: l j I f /kit bttill// t/b-et / Planning •artment ' City Attorney's Office CA13129 R-6 May 19, 2015 5 [ ,..,:';',-• CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Extending the Date for Satisfying the Conditions in the Matter of Closing a Portion of the Former Oakmears Crescent Right-of-Way, Now Part of Princess Anne Road (Relocated), Containing 2,129 Sq. Ft. MEETING DATE: June 2, 2015 • Background: On June 11, 2014, the Planning Commission passed a motion recommending that City Council approve a request by the City of Virginia Beach ("Applicant") to close a 2,129 sq. ft. portion of the former Oakmears Crescent right-of-way, now part of Princess Anne Road (Relocated). On June 17, 2014, by Ordinance ORD-3357E, City Council approved the Applicant's request, subject to the following conditions being met by June 16, 2015: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City is normally determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. No purchase price shall be charged in this street closure, however, because the City is both the owner of the underlying fee and the applicant seeking this street closure. 2. The Applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed areas of the former Oakmears Crescent containing 2,129 sq. ft. (0.049 Acre), into the adjacent parcels now owned by the City. The new parcel to be established will contain approximately 10 acres of property. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The Applicant shall verify that no private utilities exist within either of the right-of-way area proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way, this approval shall be considered null and void. On April 30, 2015, the Applicant requested additional time to meet the conditions set forth in Ordinance ORD-3357E, so that it would coincide with the subdivision of adjacent City-owned parcels, which are currently under contract to be purchased and developed by Kempes Village, L.L.C. Staff has concluded that the request for additional time is reasonable. • Recommendations: Allow an extension of 12 months for satisfaction of the conditions. • Attachments: Ordinance Location Map Recommended Action: Approval Submitting Der • ment/Agency: Planning Departmen City Manager: =��� 1 AN ORDINANCE EXTENDING THE DATE 2 FOR SATISFYING THE CONDITIONS IN THE 3 MATTER OF CLOSING A PORTION OF THE 4 FORMER OAKMEARS CRESCENT RIGHT- 5 OF-WAY NOW PART OF PRINCESS ANNE 6 ROAD (RELOCATED), CONTAINING 2,129 7 SQ. FT. 8 9 WHEREAS, on June 17, 2014, City Council acted upon the application of 10 the City of Virginia Beach (the "Applicant") for the closure of a portion of the former 11 Oakmears Crescent right-of-way, now part of Princess Anne Road (Relocated), as 12 shown on Exhibit A attached hereto; 13 14 WHEREAS, on June 17, 2014, City Council adopted an Ordinance (ORD- 15 3357E) to close the aforesaid right-of-way, subject to certain conditions being met on or 16 before June 16, 2015; and 17 18 WHEREAS, on April 30, 2015, the Applicant requested an extension of 19 time to satisfy the conditions to the aforesaid street closure action. 20 21 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of 22 Virginia Beach, Virginia: 23 24 That the date for meeting conditions of closure as stated in the Ordinance 25 adopted on June 17, 2014 (ORD-3357E), upon application by the City of Virginia Beach, 26 is extended to June 16, 2016. 27 28 Adopted by the Council of the City of Virginia Beach, Virginia, on this 29 day of , 2015. 30 31 GPIN: Right-of-way/ No GPIN assigned 32 Adjacent to GPIN 1466-68-6554 APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: Am /.° -Al, bielf City Attorney Planni ' D+•artment CA13217 \\vbgov.com\DFS 1Wpplications\CityLawProd\cycom32\W pdocs\D012\P016\00060960.DOC R-1 May 22, 2015 EXHIBIT A 7 N56'29'07' E- 7,75' 29 07' / 7,75' / / _ SHEET O• On :s' pRLI5 114, P. 1 ; / ADDITIONAL NOES AND .� i NiF (M E ,,.. r, C 5liEMENT OF dGMINIOtI VA , JIMMY V. ROSE CURVE DATAiTABL POWER (FORMERLY VEFCo) / \� 1466-6B-570 :\?I (D.E 1705, F. 321) .. • ? F. 1217) `.Y^,<` 4,', (D.B. 079. �\ . (LLB. 114, P. 21) N 1716'52" K' / `, 'e�: V' EASEMENT OF VERIZON 49.71' \` \Y I (FORMERLY CHESAPEAKE & POTOMAC ./ "` ./� "' TELEPHONE COMPANY OF VIRGINW) i/ �. C, �` 1 (D.B 1950, P 4461 /, 6 EASEMENT OF DOMINION \`' �\� 1 '(2 ��I/ VA POWER (FORMERLY L PCo) `\ `��'` 's' UDLIP' EASEMENT U (Q.E9 2186, P. 2034) ���\, .1',71-----(M.E 114, P. 21) j z� �0' 1 ,i✓ r CO 01 co'` 20' DRAINAGE EASEMENT %' ,. .` / 5� �(/ ') �O k' (M.8. 114. P. 21) � /N'\ 0�CL. ')'' ii,\,0 � / N/F / \T G3 o * i OAKMEARS INVESTORS, LLC VAR WDTH PERMANENT �� k`Z �0 0 �� 1466-68-6554 �—DRAINAGE EnSEMENT 5�0,�h / (D.6. 4081, P. 1601) (INST 20091019001219670) ! (H.6. 170, P. 42) I ��JQ�hpO�OQ� ryV� /. VAR WIDTH TEMPORARY /Q j. PROPOSED S7RET CLOSURE 4. CONSTRUCTION EASEMENT APPROX LOCATION OF 10' / +". (2 129 S . FT., 0:049 AC.) �\ .) �� / (INST 2(091019001219670) EASEMENT OF DOMINION VA 7 t1 C� r POWER (FORMERLY VEPCo) I ,0, Q /. L O/ 56 (D.B. 2059, P. 564) 4 0 KE&IPSVILLE I I / OFF/CE PARK ,a / Y / TjT ig • 51 ox Lc447 AA / \ EXlS77NC R/W LINE �^A g Q O in E'o / p(D R(FOR4i£DOMkoN Tp. (✓I\ \ PROPOSED R/W LINE 1 V1' �iy rE=0 ii����II r� / 7964 '.S R o)A \ \ \V'�, vJ Q m �CO • Vh / >5' EASEMENT OF VERIZON (FORMERLY 1` oZ U Z 3 CHESAPEAKE& POTOMAC TELEPHONE COMPANY OF VIRGINA(D.0. 1960, P. 448) �j ..\::..... APPROX LOCATION OF id' / / 5' DRAINAGE & ics `�' i, J EPSEMENT OF DOMINION VA / UTILITY EASEMENT t ith POWER (FORMERLY YEPCo) (M.B. 114,P. 21) f / -/ (D.B. 1964,P. 578)I �/ ' I N 4210'00' W / IN.-, I24.54' / / -' --- -,/-7- A I 46,, , �,TH Op G ,�i-Cl / / / � i �iifirtii�' s / ,�,' 5 i N/F • TRAVIS M. FOX s,s6-v-e • ,\;�- - -- KEMPSVILLE OFFICE PARK V Lic. No. 28" 8 '�' ;, (A CONDOMINIUM) ,/ , C/ ,� \ Bp.\ 1466-68-8515 - J 10' EASEMENT OF DOMINION VA POWER INST 200306110089864) Q • (FORMERLY YcPCo)(D.B. 1706, P. 323) (INST 200306110089863) i�� 151:6- ).:Y 10' DRAINAGE EASEMENT (M.B. 114. P. 21) S I STREET CLOSURE SIT SHEET 1 OF 2 --- DF ` 1 2,129 SQ. FT. (0.049 AC.) , r= —1 fPRINCESS ANNE ROAD OF `I- = ADJACENT To W LOT 56, KEMPSVILLE OITICE PARK "—` PLATRECORDED 42 JN THE VIRGINIA LERK'S O —.. FFICE OF .., -..7THE CIRCUITCOURT OF THE CITY OF BEACH, VIRGINIA - r = VIRGINIA BEACH, VIRGINIA Landscape Architecture For CivilEng neeVIRGINIAering GINIA BEACH For DEVELOPMENT ■plsite.com 757.431.104110 FEBRUARY, 2 201 142 MU DMC Mk STE e Oa,VW 1x52 SCALE: 1" = 60' JN:FEBRUARY, 2103 2 CAD/chk: TMF/els VIRGINIA BEACH, VIRGINIA I F.B. PG. PLAT: 1W:\General Survey`211-0348 PA & Witchduck Development)\Drawings\211-0348_STCLOSE,c `.Y a'y /te11ff 4�, .:10....I 0�s... Ir CITY OF VIRGINIA BEACH AGENDA ITEM ITEM: An Ordinance Extending the Date for Satisfying the Conditions in the Matter of Closing a Portion of the Unimproved Right-of-Way Known as Oakmears Crescent (Relocated), Containing 54,378 Sq. Ft. MEETING DATE: June 2, 2015 • Background: On June 14, 2014, the Planning Commission passed a motion recommending that City Council approve a request by the City of Virginia Beach ("Applicant") to close a 54,378 sq. ft. portion of the unimproved right-of-way known as Oakmears Crescent (Relocated). On June 17, 2014, by Ordinance ORD-3357F, City Council approved the Applicant's request, subject to the following conditions being met by June 16, 2015: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City is normally determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of the policy are available in the Planning Department. No purchase price shall be charged in this street closure, however, because the City is both the owner of the underlying fee and the applicant seeking this street closure. 2. The Applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area of the (unimproved) Oakmears Crescent (relocated) containing 54,378 sq. ft. (1.248 acres), into the adjacent parcels now owned by the City. The new parcel to be established will contain approximately 10 acres of property. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The Applicant shall verify that no private utilities exist within the right-of-way area proposed for closure. If private utilities do exist, easements satisfactory to the utility company must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way, this approval shall be considered null and void. On April 30, 2015, the Applicant requested additional time to meet the conditions set forth in Ordinance ORD-3357F, so that it would coincide with the subdivision of the adjacent City-owned parcels, which are currently under contract to be purchased and developed by Kempes Village, L.L.C. Staff has concluded that the request for additional time is reasonable. • Recommendations: Allow an extension of 12 months for satisfaction of the conditions. • Attachments: Ordinance Location Map Recommended Action: Approval Submitting De• - + tio gency: Planning Department City Manager: �:�� ..cti e5� 1 AN ORDINANCE EXTENDING THE DATE 2 FOR SATISFYING THE CONDITIONS IN THE 3 MATTER OF CLOSING A PORTION OF THE 4 UNIMPROVED RIGHT-OF-WAY KNOWN AS 5 OAKMEARS CRESCENT (RELOCATED) 6 CONTAINING 54,378 SQ. FT. 7 8 WHEREAS, on June 17, 2014, City Council acted upon the application of 9 the City of Virginia Beach (the "Applicant") for the closure of a portion of unimproved 10 right-of-way as shown on Exhibit A attached hereto; 11 12 WHEREAS, on June 17, 2014, City Council adopted an Ordinance (ORD- 13 3357F) to close the aforesaid portion of unimproved right-of-way, subject to certain 14 conditions being met on or before June 16, 2015; and 15 16 WHEREAS, on April 30, 2015, the Applicant requested an extension of 17 time to satisfy the conditions to the aforesaid street closure action. 18 19 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of 20 Virginia Beach, Virginia: 21 22 That the date for meeting conditions of closure as stated in the Ordinance 23 adopted on June 17, 2014 (ORD-3357F), upon application by the City of Virginia Beach, 24 is extended to June 16, 2016. 25 26 Adopted by the Council of the City of Virginia Beach, Virginia, on this 27 day of , 2015. 28 29 GPIN: Right-of-way/ no GPIN assigned 30 Adjacent to GPINs 1466-68-6554, 1466-68-2683, 31 1466-68-3419, 1466-68-3411, and 1466-68-4219 APPROVED AS TO LEGAL APPROVED AS TO CONTENT: SUFFICIENCY: City Attorney Plann"r��-'•'-rtment CA13218 \\vbgov.com\DFS 1Wpplications\CityLawProd\cycom32\W pdocs\D008\P022\00060417.DOC R-1 May 22, 2015 EXHIBIT A � 1 A fIH VIRG1NIABEACH v ` J � ,� LTp % FINANCIAL CENTER, INC,.— F";I a-1%—'� lt _ LINE. _ fl./..2. __. F. S"j iv 1' :r + �\ "1�'I Iti'i.� F'.�- i r 1 Lie No. 6r`8 1 ;, tur - ,,,,,/‘„,.-0... W f i C ` Y L { i I'sr: v_Sv�• ,v C� ; ,, ,,• ,,_---r; AV .-Th. •ts. h-, 1Yn iiiv v G? y�,-",,--'• SRF \ , ��' �F ,, A.4.71. .▪ �. `, °, \ • / JlI,iY V. ROSE jug 5 n 1G1 +b +0 `� (U5. 2476 P. 127) Lt:; :,,.,g, r. ,7 1 P. A'116= � qk t ti, N.B. t y t P .!) I 4 ` .f,`\-,,;04 ( / �' Api,FOx CCA1.r r'• .t" �p{{yy N/F _ J •'t �' ', C''''41:?-1;(..; ! 4ts"U hT ^..F Lti`WI!`i..N 4LS A _. OAKMEARS INVESTORS RS.. LLC ' 1465.-6E-652A .ti Ir fR . .1. 7k, P. 16ol) P e`' '^ 1\''1/4 ' 0 p�' ^'< `1" r' i — I (ki.B. 170, P. 42) YZ���r�, `' V ate" f-':r� e,,, i 45 % , >>.(f !' 1 '' „ kA r 17 I TTa7P:" L t Tri t t , 0 ^h L r-0a,T�it„'11 ErSEu M -t,ti r I. j t -WEt 1 - 'CIP. ! -fL�t ^r . l#,Sr 2c02,015'3�12156'I) �s Z ]: U a r 2 , 1 uFti, — ,�• A"IC TI. ... .D Ec ND ic.P. _�a� a `3a, PRi 'CISO Simi CLOSU w .-Si." ,/., ` 04,378 SO, .r 'AC.) - I '_ ,... �, C�IFT4L l�Jnitlir�L. ^.� i I � ti �+ •.. J�.. VIP. trait F"CfiSl th}fi '�• - - ' '�� - x' `} i„-—__._lAAN,1'-.Arieer ie a i v __-,_i ,, " I �IF23:+g1'11's•I1.:1S ;,;, r 43,' o00 0,l FS '' r r . 111 .� • v , X4'1+ T ..V C6 r "�` �.� _ f - � O h r�. ��..r 1 I' y j .1" 6 } l .22_9.9' -QTS. y ... • .�.,ra�., '� .5' r �'-4+?-�ll,' tig ,, '•i li .`'" '`' f'/ f KEEMPSVFLLE OFFICE PARK 1 'J t P: wtnr tt� _ �r i ; ' ` { a ,I t+ cirri -4i o(tor tilJ'ii3S�I � 'tJf r�! R •. ''.. 1i;YPi-E�- 15 - e'l m ^, r'• - 1 ' A"1- .. (1h'T 2003C`5 t 1[10,°9664) p s 'e x.66,-1' 4! r ,4' / t,IY,;T3,16110083663) r TLS �+�+�( (W�1?F �y ply (u4y 1kJ �,•�c� 0i el <' .1-0"'-r4,,, - 70 e, IRE +.71.rf1.�t11.. V f]lt OF r C2� ''r 'C ' t�lrj. 4; m THECITY OF VlRaINIA BEACH g1 s •4. "� � -r,-...,...- r}Mr Co-, !f! 4t'--Its 14So-i6-rJ5J {a. amu., .),' 1 o) I (Q.B. 13 P. 499) '+' n Alfr s{ I: �I b r (u 0. 242. P, 'C0) J STREET CLOSURE EX BIT SHEET i aF 2 :_ OF 54,378 SQ. FT. (1.248 AC.) of CAKAEARS CRESCENT - ADJACENT TO LUT' 56, F�SVILE OFFICE PARE (A.B. 170. F. 42), FAIRF'EELD, SECTION )iv± �. t ' 1,_ r' of FICE.'VTE N. BONN, JR. & coNt;tiE'rA N. RON4 (!d-¢. _! [4E. P. :82), PARCEL 1, RRSTM P.E OLE.E. 02 P. ¢'0), WT 7, MiRSVILLE OFFICE L�,.�— m-.- 1..• •.,,,= ^ : PAB (M.I.I. 114. F. 2l) Ltd plat of MPS LAN-DENG SCHOOL (M.13. 24.2, P 4 0) ▪ _ ' PUTS RECORDED IN THE r'L.E:S OFFICE OF THI CT JtT COUF'tT OF THE CT11 OF IIIFLI!i1.t EL4G-1, nir.;;TrfA scu'.--_ __.....�>.N.,w - VIRGINIA BEACH, VIRGINIA Lcrd�S k ;lctlu r For Lon4 ---sir V 8 ,�► Fi EC : DEVELOPMENT 2`7 Erti-..om iry rd: rr_am 757 i31.1:141 10 FEBRUARY, 2012 11?115tF ir7t�E S Ek 5 �.i3 SCALE: 1'' = 100' , • CkD/chk: TMF'jels VIRGINIA BEACH. V[P.CINrIA F.H. PG. PIAT: $.[[r:2 I. I -it:?.IP; K. APPOINTMENTS ARTS and HUMANITIES COMMISSION BAYFRONT ADVISORY COMMISSION BEACHES and WATERWAYS ADVISORY COMMISSION CLEAN COMMUNITY COMMISSION COMMUNITY SERVICES BOARD—CSB PERSONNEL BOARD PROCESS IMPROVEMENT STEERING COMMITTEE PUBLIC LIBRARY BOARD TIDEWATER COMMUNITY COLLEGE BOARD TOWING ADVISORY BOARD L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT PUBLIC COMMENT Non-Agenda Items Each Speaker will be allowed 3 minutes and each subject is limited to 3 Speakers ******************************** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 ******************************* 6/2/15-ST t I t CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 D S DATE: 05/19/2015 PAGE: 1 A S- ✓ H S AGENDA E H A E W ITEM# SUBJECT MOTION VOTE N E J MS U I P DNOK MMS HL W O Y L N A 0 0 OR S 0 R E E ENS NMI 00 T R YS E S DS NND 1. NAS OCEANA-DAM NECK Captain Louis J. Schager,Commander 2. JEB LITTLE CREEK-FORT STORY Captain Frank Hughlett,Commander 3. HAMPTON ROADS Rear Admiral Craig MILITARY/FEDERAL FACILITIES Quigley,Retired, ALLIANCE Executive Director 4. WOUNDED WARRIOR PROGRAM Paula Moran, President and CEO, USO II/III/IV/ CLOSED SESSION CERTIFIED 10-0 Y Y Y Y Y Y Y A Y Y Y VN1/VI I-E F MINUTES APPROVED 10-0 Y Y Y Y Y Y Y A Y Y Y May 5,and 12,2015 G/H-1 PUBLIC HEARINGS 1. LEASES OF CITY-OWNED NO SPEAKERS PROPERTY-Old Beach Open Air Markets a. 620 19th Street—Farmer's b. 620 19th Street-Art c. 620 19th Street-Green 2. FRANCHISE-LUMOS Networks, NO SPEAKERS Inc.Telecommunications 1-1 Ordinances to AMEND/RENEW ADOPTED,BY 10-0 Y Y Y Y Y Y Y A Y Y Y Franchise Agreements: CONSENT A. Old Beach Open Air Markets in the public right-of-way at 600 19th Street a. 620 19th Street—Farmer's b. 620 19th Street-Green c. 620 19th Street—Art B.LUMOS Networks,Inc.re Telecommunications service in public right-of-ways 2. Ordinance to GRANT Ebenezer Baptist ADOPTED,BY 10-0 Y Y Y Y Y Y Y A Y Y Y Church an extension for satisfying the CONSENT conditions of a Street Closure, encompassing Norwich Avenue,Wesleyan Drive and Burma Road DISTRICT 4-BAYSIDE CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 D S DATE: 05/19/2015 PAGE: 2 A S- ✓ H S AGENDA E H A E W ITEM# SUBJECT MOTION VOTE N E J MS U I P DNOK MMS HL W O Y L N A 0 0 OR S 0 R E E ENS NMI 00 T R YS E S DS NND J.1 HOFD ASHVILLE PARK,LLC for INDEFINITE 10-0 Y Y Y Y Y Y Y A Y Y Y Modification of Proffers of a Conditional DEFERRAL,BY Rezoning of a single-family residential CONSENT Development Plan at Ashville Park DISTRICT 7—PRINCESS ANNE 2 CARDINAL SIGN CORP/GEO APPROVED/ 10-0 Y Y Y Y Y Y Y A Y Y Y DEVELOPMENT CORP Special CONDITIONED,BY Exception for Alternative Compliance to CONSENT the CZO re a sign at 233 Independence Boulevard in the CBDA Core District DISTRICT 4—BAYSIDE 3 C and C DEVELOPMENT CO APPROVED/ 10-0 Y Y Y Y Y Y Y A Y Y Y Nonconforming Use re two new single CONDITIONED,BY family homes,at 200-204 80th Street CONSENT DISTRICT 5—LYNNHAVEN 4 C.P.MARINE&DIESEL SERVICES, DEFER 10-0 Y Y Y Y Y Y Y A Y Y Y INC/SPENCO,L.P.CUP re vehicle INDEFINITELY repair at 1399 Air Rail Avenue DISTRICT 4—BAYSIDE 5 TRUSTEES OF FIRST APPROVED/ 10-0 Y Y Y Y Y Y Y A Y Y Y PRESEBYTERIAN CHURCH CUP re CONDITIONED,BY religious use/child care at 303 36th Street CONSENT DISTRICT 6-BEACH 6 WAVES MOTEL Special Exception for APPROVED, 10-0 Y Y Y Y Y Y Y A Y Y Y Alternative Compliance to Oceanfront CONDITIONED,BY Resort Form-Based Code at 1304 and CONSENT 1312 Atlantic Avenue DISTRICT 6-BEACH 7 CITY CZO: ADOPTED BY 9-1 Y Y Y Y Y N Y A Y Y Y DISTRICT 4-BAYSIDE CONSENT a. 0-2 to B-4K Historic Kempsville Area Mixed Use District(HK) b. R-lO to B-4K HK c. B-2 to B-4K/(HK CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 D S DATE: 05/19/2015 PAGE: 3 A S- ✓ H S AGENDA E H A E W ITEM# SUBJECT MOTION VOTE N E J MS U I P DNOK MMS HL W O Y L N A O O O R S 0 R E E ENS NMI 00 T R Y S E S DS NND 8 CITY OF VIRGINIA BEACH to ADOPTED AMEND the City Zoning Ordinance: a. Oceanfront Resort District Form- 10-0 Y Y Y Y Y Y Y A Y Y Y Based Code to establish Wine Tasting Rooms as a Principal Use in B-1A/B-2/B-3/B-4C/CBC/ORD and ADD new§209.3 re requirements 10-0 Y Y Y Y Y Y Y A Y Y Y b. §105 re Nonconformities c. DEFINE"Live-Work Unit"/ADD 9-1 Y Y Y Y Y N Y A Y Y Y allow Live-Work Units in Zoning Districts d. Oceanfront Resort District Form- 9-1 Y Y Y Y Y N Y A Y Y Y Based Code,to allow Live-Work Units ESTABLISHING parking requirements e. Signage for Parks/Recreation Centers 10-0 Y Y Y Y Y Y Y A A A A M. APPOINTMENTS RESCHEDULED B Y CONS ENS U S BEACHES AND WATERWAYS ADVISORY COMMISSION CLEAN COMMUNITY COMMISSION PROCESS IMPROVEMENT STEERING COMMITTEE TIDEWATER COMMUNITY COLLEGE BOARD TOWING ADVISORY BOARD ARTS and HUMANITIES Reappointed- 4 year 10-0 Y Y Y Y Y Y Y A Y Y Y COMMISSION term: 07/01/2015- 06/30/2019 C.Cheyney Cole,Jr. Rose P.Dania AUDIT COMMITTEE Reappointed—3 year 10-0 Y Y Y Y Y Y Y A Y Y Y term: 05/16/2015— 05/14/2018 JoAnn Augone CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 D S DATE: 05/19/2015 PAGE: 4 A S- ✓ H S AGENDA E H A E W ITEM# SUBJECT MOTION VOTE N E J MS U I P DNOK MMS HL W O YL N A O O O R S 0 R EE ENS NMI 00 T R Y S E S DS NND BAYFRONT ADVISORY Reappointed—3 year 10-0 Y Y Y Y Y Y Y A Y Y Y COMMISSION term 07/01/2015— 06/30/2018 Charles Gee Faison, Jr. Charles R.Malbon, Jr. Stacey S.Patrick Martin A.Thomas Robert"Bob" Thornton(Ex Officio) Planning Commission Representative Appointed—3 year term E.Ross Rockwell— (Ex Officio) Planning Commission Representatve BIKEWAYS and TRAILS ADVISORY Reappointed—3 year 10-0 Y Y Y Y Y Y Y A Y Y Y COMMITTEE term 07/01/2015— 06/30/2018 William E.Hart,Jr. Angela Hathaway Stephen R.Romine Kimberly S.Shuler BOARD OF BUILDING CODE Construction 10-0 Y Y Y Y Y Y Y A Y Y Y APPEALS Division Appointed 2 year term Unexpired thru 12/31/2016 plus 2 year term thru 12/31/2018 Armond Reich, Architecture and Design HAMPTON ROADS PLANNING Reappointed 2 year 10-0 Y Y Y Y Y Y Y A Y Y Y DISTRICT COMMISSION term 07/01/2015— 06/30/2017 Robert M.Dyer Barbara M.Henley James K.Spore HUMAN RIGHTS COMMISSION Appointed 3 year term 10-0 Y Y Y Y Y Y Y A Y Y Y 05/19/2015— 03/31/2018 Michael F.Berlucchi CITY OF VIRGINIA BEACH SUMMARY OF COUNCIL ACTIONS R 0 D S DATE: 05/19/2015 PAGE: 5 A S- ✓ H S AGENDA E H A E W ITEM# SUBJECT MOTION VOTE N E J MS U I P DNOK MMS HL W O Y L N A O O O R S 0 R E E ENS NMI 00 T R YS E S DS NND MINORITY BUSINESS COUNCIL Reappointed 2 year 10-0 Y Y Y Y Y Y Y A Y Y Y term 06/01/2015— 05/31/2017 Kelvin W.Arthur Harshod Barot Shelia Johnson Michael J.Lancaster Justo F.Manglicmot Delceno C.Miles Ferdinand Perez WETLANDS BOARD Appointed—5 year 10-0 Y Y Y Y Y Y Y A Y Y Y term James T.Vail Unexpired Term thru 09/30/2018 Jeffrey L.Marks (ALTERNATE) thru 09/30/2020 N/O/P ADJOURNMENT 6:39 PM